liberty, of exhibiting, at any time hereafter, any further Articles, or other Accusation or Impeachment, against the said lord Halifax, and also of replying to his Answers which he shall make unto the said Articles or any of them, and of offering proofs to all and every the aforesaid Articles, and to all and every other Articles, Impeachment, or Accusation, which shall be exhibited by them, as the case shall, according to the course of parliament, require; do pray, that the said Charles lord Halifax may be put to answer the said crimes and misdenicanois; and that such proceedings, | examinations, trials, and judgments, may be thereupon had and given, as is agreeable to law and justice," Lord Halifax's Answer to the Articles of Impeachment against him.] June 16. The lord Halifax delivered his Answer to the Articles of Impeachment of the house of commons against him: viz. "The ANSWER of Charles lord Halifax to the Articles exhibited against him, by the knights, citizen, and burgesses in parlia ment assembled, in maintenance of their Impeachment against the said lord Halifax, for High Crimes and Misdemeanors supposed to be committed by him. "The said lord Halifax, saving to himself all advantages of exceptions to the said Articles, and of not being prejudiced by any words or | want of form; and saving to himself all privileges and rights belonging to him as one of the peers of this realm; for answer to the said Articles humbly saith, grant to them some of the Forfeited Estates in Ireland; and the grantees did enjoy the same. And the said lord H. further saith, That his majesty did never grant to him, or any in trust for him, or to his use, any of the said Forfeited Lands, but of his grace and favour; and, as a reward for his faithful services (which his majesty was pleased to accept) did, by Letters Patents under the Great Seal of Ireland, bearing date on or about the 11th May 1697, grant to Tho. Railton, esq., in trust for the said lord II. (who was then one of the commissioners of the treasury, chancellor of the exchequer, and one of the members of the house of commons, as in this Article is set forth), several debts, interests, sum or sums of money, amounting in the whole to the sum of 11,516/. 17s. 8d. or thereabouts: Which Grant, he conceives and is advised, his majesty might then lawfully make; and was lawful for him to accept, without breach of his duty or the trust reposed in him; and denies that he did ask he accepted the same as a mark of his majesty's for or procure the said Grant; but confesseth grace and favour? And saith, the said Grant hath since been taken away by act of parliament; and saith, that the said Grant made to Thomas Railton is the same which is mentioned or intended by the said Article of impeachment: And although the said debts therein mentioned to be granted did amount to 11,546/. 17s. 8d. and no more; yet the said Grant itself, at the time of making thereof, or at any time afterwards, could not be valued at near the said sums, because a great part of the said debts were not recoverable and he hath not made clear thereof, as yet, above 400, and humbly hopes, the said Grant hath very little, if at all, contributed to the contracting any debts upon the nation, or laying heavy taxes apon the people, or any ways reflected upon his majesty's honour, or that he hath failed in the performance of his trust or duty, as in the Article is suggested. 1. To the First Article; he saith, True it is, that several persons did levy and maintain a desperate and bloody war and rebellion in Ireland against their majesties, and were, by his majesty's courage and conduct, at the great expence of his English subjects, suppressed and reduced to their obedience, as in this Article is ailedged: And he further answereth and saith, "H. The Second Article; the said lord II. be believes it to be true, that on the 4th of saith, that he believes it to be true, that such April 1690, such vote or resolve was made by act was made, and such clause therein, as in the then house of commons for that purpose, this article is mentioned; and also in the seid and such assurance was given by his majesty, act there is a further clause, that the grantees and such addresses were made by the house of from the king of any of the forfeited estates commons in the year 1690 and 1692, that no. thereby resumed, should not be accountable for Grants should be made of the Forfeited Lands the rents, issues, and profits of the same, by in Ireland, till there should be another op- them received before the 2nd of Nov. 1699; portunity of settling that matter in parliament, but might retain the same to their own uses.--in such manner as should be thought most And the said lord H. doth acknowledge, that, expedient; and such answers were given there- after the making the said Grant before mentionunto as in this article is and are set forth, as ed to the said Tho, Railton, the agents of the said by the said several votes, resolves, speeches, lord H. did receive some monies, not exceeding addresses, and answers, to which the said lord 1,000/. (as he is informed), out of the .ents and craves leave, for more certainty, to refer hin-profits of the forfeited estate of the eark of self, may appear.-That, in 1693, 1694, and 1695, the parliament of England did meet; and no act was passed touching the Forfeited | Estates, though by other ways great sums were - raised for the carrying on and defraying the charges of the war in those years; and his majesty did after, as rewards to several persons who had served him in Ireland and elsewhere, Clancarty, of which no more than the abovesaid sum did come clear to him the said lord H.; and no more, to his knowledge or belief, hath been received or recovered upon the aforesaid Grant: That the said lord 11. gave directions, after the said act passed, to his agents in Ireland, to do, in relation to the money received, as should be advised by counsel, there; by whom his agents were advised (as they informed the said lord, and which he believes to be true) that the said monies, being received out of the mean protits which were remitted by that act, were not within the first mentioned clause in the said act; and therefore the said lord does believe and admit the same were not paid into the receipt of his majesty's exchequer in Ireland, nor ought to have been paid into the exchequer, as he humbly insists and is advised; and he doth deny that the non-payment of the said money into the said receipt is any wrong to his majesty or the public, or any misapplication; and in case the said money ought to have been paid into the said receipt, there are proper methods and remedies in the said act prescribed, to compel <the payment of the same. majesty's honour and the nation's safety; and denies that he at any time preferred his private interest to that of the public; but doth confess and admit, that his majesty, by his letters of privy seal, dated the 6th of May 1697, did, out of his grace and favour designed to the said lord H. grant unto Henry Seager, in the article mentioned (and which was in trust for the said lord) the sum of 2,000l. per annum, to be raised by the fall of scrubbed beech, birch, holly, hazle, thorns, and orle, in the forest of Deane, in the county of Gloucester, for the space of seven years, from the 25th of Dec. 1697, as by the said letters of privy seal, to which the said lord, for more certainty referreth himself, may appear: which Grant was not, nor could be, prejudicial to any timber growing in the said forest; and believes no sapling oaks or timber, or trees likely to be timber, were cut down by colour of the said Grant; and if any abuse were in cutting the wood, he conceives he is not answerable for the same, such cutting not having been by his directions, nor he any ways concerning himself therein; the setting out and cutting whereof did belong to his majesty's surveyor general, and other his majesty's officers; who (as the said lord hath been informed and believes) faithfully discharged their trust in the execution thereof, and took particular care to preserve the timber there. "V. To the Fifth Article; the said lord H. answereth and saith, he believes it to be true, that the due ordering and management of the king's treasure and public revenues conduceth very much to the honour and safety of his ma "III. To the Third Article; he saith, he was a member of the house of commons, one of the Commissioners of his majesty's treasury, chancellor of the Exchequer, and privy counsel lor, as in the Article is set forth; and served his majesty faithfully, as he hopes and believes, in those stations; and was contented with the employments and places of honour bestowed upon him, and with the incomes and gains by him made by the just and lawful fees and profits of the same; and his majesty graciously accepted of such his services, and, as a mark of his royal favour to him, did make for his benefit the Grant in the answer to the precedent Article, and the Grant in the answer to the subsequent Article mentioned; which were all the profitable Grants he, or any in trust for him, ever had from his majesty: And the said lord H. savs,jesty and the nation; and that there are several he conceives, and is advised, that his accepting distinct officers, with salaries, for the better resuch Grants were not any abuse of his majesty's ceiving and issuing forth of the same, and that goodness, nor breach of the trust reposed in are cheques upon each other, to prevent any him, nor were any of his majesty's subjects loss to his majesty or the public. And the said thereby oppressed; and denies that he ever did, lord saith, true it is, he was one of the commisin opposition to what he knew to be the true sioners of the treasury, when, by the death of interest of England, or contrary to his oath or sir Robert Howard, his office of writer of the dury, at any time advise, procure, or assent to, tallies and counter tallies, commonly called authe passing of any Grant or Grants to himself, ditor of the receipt of exchequer, became va or to any person in trust for him, or to any cant; and thereupon the then commissioners of other person or persons whatsoever; but saith, the treasury did grant the said office to Christ, be, as one of the Commissioners of the trea-Montagu, then one of the commissioners of exsury, in conjunction with the other Commis-cise, and brother to the said lord, which, the sioners, did sign several warrants and dockets for such Grants as his majesty was pleased to direct to be passed by them, and which, he humbly conceives, and is advised, he was, by the duty of his place, obliged to do. "IV. To the Fourth Article; he saith, he believes it to be true, that our ancestors did take great care to preserve the king's forests, and the timber therein growing, for the building and repairing the navy royal; which, the said lord doth own, has ever been accounted | (and as he believes very rightly) the great security of the realm; and saith, true it is, he was, in the year 1697, one of the commissioners of the treasury, chancellor of the exchequer, and one of his majesty's privy council, and did from time to time advise and promote such matters and things as were most likely to redound to his said lord does own and admit, was done at his desire and request; but humbly insisteth, the same was not granted contrary to the ancient constitution or approved methods in ordering his majesty's reasury or public revenue; and saith, he the said lord did procure the said othce to be granted to his brother, intending, in a short time after, by his majesty's permission, when his majesty's affairs would permit thereof, to leave his the said lord's employments and places in the treasury, and to obtain a surrender from his said brother of the said office, and procure a grant thereof to himself; which, he hopes and humbly insists, was lawful for him to do; and saith, his said brother duly executed the said office till after the said lord had left, or laid down, by his majesty's leave, his places in the treasury; and then, and not hefore, his said brother surrendered the said office, and the said lord obtained a grant of the same, as he conceives was lawful for him to do. In all which proceedings, nothing was done by him the said lord, as be is advised, in violation of the established course and constitution of the exchequer, or to the loss or prejudice of his majesty or the public; and saith, he does not know or believe, that the said several offices, as they were executed, were, in their nature, inconsistent with one another; and is very sure his majesty or the public were no ways prejudiced by the execution of the same. Rules for Trial of the impeached Lords.] June 16. The Lords sent a Message to ac quaint the commons, "That the lords, taking into their care the ordering of the Trial of John lord Sommers, on the 17th of June instant, in Westminster-hall, have prepared some Notes and Rules to be observed at the said Trial, which the Lords have thought fit to communicate to this house, viz. That the whole Impeachment is to be read, and then the Answer; which being done, the Lord-Keeper is to tell the commons, that now they may go on with their Evidence. Then the Lord-Keeper is to declare, That now the court is proceeding to hear the Evidence, and desire the peers to give attention. If any of the peers, or the members of the house of commons, that manage the Evidence, or the lords impeached, do desire to have any question asked, they must desire the Lord-Keeper to ask the same. If any doubt doth arise at the Trial, no debate is to be in the court, but the question suspended to be debated in this house. The members of the house of commons to be there before the peers come. None to be covered at the Trial but the peers. That such peers at the Trial of the impeached lords, who at the instance of the said lord, or of the commons, shall be admitted Witnesses, are to be sworn at the clerk's table, and the Lord-Keeper to administer the Oath, and are to deliver their Evidence in their own places. Those Witnesses that are commoners are to be sworn at the bar by the clerk,, and are to deliver Evidence there. The impeached Lords may cross-examine Witnesses, viva voce." "VI. To the Sixth Article; the said lord Helifax saith, That he believes, that in the year of our Lord 1689, such Treaty and Alliance and separate Article were made, be tween the emperor of Germany and the States General of the United Provinces (into which his majesty and the late queen entered), and such ratifications thereof were made, as in this Article is mentioned; and also saith, he hath heard, and believes, that, in the year of our Lord 1698, a Treaty was made, to such effect as in this Article is mentioned; and saith, he never saw the said Treaty, or heard the same read, or does as yet know the Articles or Agreement it contains; and denies that he ever advised his majesty to enter into or make the said Treaty, or was ever consulted upon any clause or article thereof, or ever encouraged or promoted the same: and the said lord saith, That, as he remembers, Mr. Se. cretary Vernon did at one time send for him, and discourse with him and others, upon an intimation that was given by a letter from the earl of Portland, as he remembers, "That the French king was disposed to commence a negotiation, upon some general terms that were then mentioned, to prevent a war, in case of the king of Spain's death, who was then reported to be very ill;" and afterwards the said matter was discoursed between the secretary, the then ford chancellor, and the said lord Halifax, at Tunbridge Wells, when and where the said lord Halifax inade several objections to the same; and denies that he gave any opinion to encourage or promote the said Treaty, or ever afterwards was informed of any one particular relating to it, or was ever consulted or advised upon any clause or article of it, or was ever after told or informed that the said Negotiation or Treaty did go on or proceed; and saith, that, not being advised with, or any ways knowing of the said Treaty or Negotiation (except as aforesaid), he could not dissuade or obstruct its taking effect; and saith, as he cannot tell what the effects of the Treaty might have been, if the said Treaty had been observed, so he conceives, and insist-wards, that you would proceed to the Trial of eth, that he is not, nor ought to be, answerable for the same. "And having thus laid his case before your lordships; he humbly saith, and insisteth upon it, that he is Not Guilty of all or any the matters by the said Articles charged, or in them specified, in manner and form as the same are therein and thereby charged against him. HALIFAX." Reasons of the Commons against proceeding to the Trial of Lord Sommers] But the Commons appointed a Committee to consider of the Reasons why they cannot proceed to the Trial of the lord Sommers. Which Reasons were the next day reported by Mr. Harcourt, as follow: "The Commons, in this whole Proceeding against the impeached Lords, have acted with all imaginable zeal to bring them to a speedy Trial; and they doubt not but it will appear, by comparing their proceedings with all others upon the like occasion, that they have nothing to blame themselves for, but that they have not expressed the resentment their ancestors have justly shewed, upon much less attempts which have been made upon their power of Impeachments.-The Commons, on the 51st of May, acquainted your lordships, that they thought it proper, from the nature of the Ev dence, to proceed in the first place upon the Trial of the lord Sommers. Upon the first intimation from your lordships, some days after the impeached Lords, whom the commons should be first ready to begin with, notwithstanding your lordships had before thought fit to appoint which Impeachment should be first tried, and affix a day for such Trial, without consulting the commons who are the prosecutors:-The commons determine to expedite the Trials to the utmost of their power, in hopes of attaining that end: and for the more speedy and easy adjusting and preventing any differences which had happened, or might arise previous to, or upon these Trials, proposed to your lordships at a Conference, as the most parliamentary and effectual method for that purpose, and that which in no manner in trenched upon your lordships judicature, that a Committee of both houses should be nominated, to consider of the most proper ways and methods of proceeding upon Impeachments, according to the usage of parliament.In the next Message to the Commons, upon the 9th of June, your lordships, thought fit, without taking the least notice of this Proposition, to appoint the Friday then following for the Trial of the said lord Sommers; whereunto, as well as to many other Messages and Procecdings of your lordships upon this occasion, the commons.might have justly taken very great exceptions; yet, as an evidence of their moderation, and to shew their readiness to bring the impeached lords to speedy justice, the commons insisted only on their Proposition for a Committee of both houses, to settle and adjust the necessary preliminaries to the Trial; particularly, whether the impeached lords should appear on their Trial at your lordships bar as criminals? whether, being under Accusations of the same Crimes, they should sit as Judges on each other's Trial for those crimes, or should vote in their own cases, as it is notorious they have been permitted by your lordships to do, in many instances which might be given; to which particulars, your lordships have not yet given a direct Answer, though put in mind thereof by the commons.-Your lordships at a Conference, having offered some Reasons why you could not agree to a Committee of both houses, to adjust the necessary preliminaries, the commons thereupon desired a free Conference, and your lordships agreed thereunto; at which, it is well known to many of your lordships, who were then present, what most scandalous reproaches, and false expressions, highly reflecting upon the honour and justice of the house of commons, were uttered by John lord Haversham, whereby the commons were under a necessity of withdrawing from the said free Conference; for which offence, the commons have, with all due regard to your lordships, prayed your lordships justice against the lord Haversham, but have as yet received no manner of satisfaction.-The Commons restrain themselves from enumerating your lord.ships very many irregular and unparliamentary proceedings upon this occasion; but think it is what they owe to public justice, and all the commons of England whom they represent, to declare some few of those Reasons, why they peremptorily refuse to proceed to the Trial of the lord Sommers on the 17th of June.' 1. Because your lordships have not yet agreed that a Committee of both houses should be ap. pointed, for settling the necessary preliminaries; a method never until this time denied by the house of lords, whensoever the commons have thought it necessary to desire the same. | 2. Should the commons (which they never will do) be contented to give up those Rights, which have been transmitted to them from their ancestors, and are of absolute necessity to their proceedings on Impeachments; yet, whilst they have any regard to public justice, they never can appear as prosecutors before your lordships, 'till your lordships have first given them satisfaction, that the lords impeached of the said crimes, shall not sit as Judges on each other's Trial for those crimes. 3. Because the Commons have as yet received no Reparation, for the great indignity onered to thein at the free Conference by the lord Havershamn: the commons are far from any `n clination, and cannot be supposed to be under any necessity of delaying the Trial of the lord Sommers: there is not any Article exhibited by thew, in maintenance of their impeachnoent against the lord Sommers, for the proof whereof they have not full and undeniable Evidence; which they will be ready to produce, as soon as your lordships shall have done justice upon the lord Haversham; and the necessary preliminaries in order to the said Trial, shall be settled by a Committee of both houses.-The Commons think it unnecessary to observe to your lordships, that most of the Articles whereof the lord Sommers stands impeached, wil appear to your lordships to be undoubtedly true, from matters of record, as well as by the Confession of the said lord Sommers, in his Answer to the said Articles; to which the Commons doubt not but your lordships will have a due regard, when his Trial shall regularly proceed." Answer of the Lords.] The Lords sent their Answer to this Message, on June the 20th in these words : "The Lords, in answer to the Message of the Commons of the 17th instant, say, the only trufe way of determining, which of the two houses has acted with the greatest sincerity, in order to bring the impeached lords to their Trials, is to look back upon their respective Proceedings.-The Lords do not well understand what the Commons mean by that resentment which they speak of in their Message:, their lordships own the house of commons have a right of Impeaching: and the lords have undoubted power of doing justice upon those Impeachments, by bringing them to Trial, and condemning or acquitting the parties in a reasonable time. This power is derived to them from their ancestors, which they will not suffer to be wrested from them by any pretences whatsoever. Their lordships cannot but wonder, that the commons should not have proposed a Committee of both houses much sooner, if they thought it so necessary for the bringing on the Trials; no mention being of such a Committee, from the 1st of April to the 6th of June, although, during that interval, their delays were frequently complained of by the house of lords.-The manner in which the commons demand this Committee, the lords look upon as a direct invading of their Judica ture; and therefore, as there never was a Committee of both houses yielded to by the lords, in case of any Impeachment for high Crimes and Misdemeanours; so their lordships do insist, that they will make no new precedent upon this occasion. Many Impeachments for Misdemeanors have in all times been determined without such a Committee: and if now the commons think fit, by any unprecedented demand, to form an excuse for not prosecuting their Impeachments, it is demonstrable where the obstruction lies. As to the Preliminaries which the Commons mention in particular, as proper to be settled at such a Committee, they have received the Resolutions of the house of lords therein, by their Message of the 12th inst. from which (being matters entirely relating to their Judicature) their lordships cannot depart. —As to the last pretence the Commons would make to shelter the delaying, the Trials, from some Expressions which fell from the lord Haversham at the free Conference, at which of fence was taken, their lordships will only observe, 1. That they have omitted nothing which might give the commons all reasonable satisfaction of their purpose to do them justice in that matter, so far as is consistent with doing justice to that lord; and also to preserve all good correspondence with them; as appears by the several steps they have taken. 2. That this business has no relation to the trial of the impeached lords; and therefore their lordships cannot imagine, why the commons should make satisfaction and reparation against the lord Haversham, a necessary condition for the going on with the Trials, and at the same time, find no difficulties in proceeding on other business.” Lord Sommers tried and acquitted.] June 17. When the day appointed for the Trial of the lord Sommers came, the lords entered upon a debate, and the question was put, "Whether the house should go this day into the Court in Westminster-Hall in order to proceed upon the Trial of the lord Sommers, according to the order of the day?" Which was resolved in the affirmative, though several lords protested against it. A Message was then sent to the Commons, to acquaint them, that their lordships were going. The other Impeached Lords having asked leave to withdraw, and not sit and vote in the Trial, a question was proposed, "Whether the earl of Orford and the lord Hallifax may withdraw at the Trial of the lord Sommers?" This was much opposed by some lords, because the giving such leave supposed, that they had a right to vote; but it was resolved in the affirmative. And, after some other things of form, the lords adjourned into Westminster-Hall, where the Articles of Impeachment against the lord Sommers, and his Answers were read, and, the commons not appearing to prosecute, their lordships adjourned to their house, and entered into a long debate concerning the question, that was to be put. The Judges told them, that, according to the forms of law, it ought to be guilty' or guilty.' But those of the Tory party said, as it was certain, that none could vote lord Sommers guilty; so, since the commons had not come to make good the Charge, they could not vote him not guilty; and therefore, to give them some content, the question agreed on to be put was, "That John lord Sommers be acquitted of the Articles of Impeachment against him, exhibited by the house of commons, and all things therein contained; and that the Impeachment be dismissed?" That being settled, the lords returned to Westminster-Hall, and, the question being put, 56 voted in the affirmative, and 31 in the negative; and the Lord-Keeper declared, that the majority was for acquitting him. Then the lords adjourned to their house; and made an order for his being acquitted, and the Impeachment to be dismissed. ' not Remonstrance of the Commons thereon.] June 20. Upon this, the commons, to justify their refusal to appear at the Trial, resolved, "That the lords have refused justice to the commons upon the Impeachment against the lord Sommers, by denying them a committee of both houses, which was desired by the commons as the proper and only method of settling the necessary preliminaries, in order to the proceeding to the Trial of the lord Sommers * This Protest was thought so injurious to with effect; and afterwards, by proceeding to the house, that it was ordered to be expunged; a pretended Trial of the said lord, which could but it was as follows: "We do conceive it very tend only to protect him from justice, by colour improper to proceed to this Trial, before the of an illegal acquittal. Against which proceedpreliminaries are adjusted, especially since ings of the lords, the commons do solemnly some of those preliminaries are such, as in our protest, as being repugnant to the rules of opinion are essentially necessary to the admi-justice, and therefore null and void. That the nistration of justice.--And after such a protestation of the Commons as they have sent to us against the proceedings to a Trial, and which we conceive is founded upon justice, and the reasonable method of parliament, we apprehend our proceeding now to this Trial may tend to the disappointment of all future Trials on impeachments." Somerset, H. Loudin. Normanby, Rochester, Carnarvon, Marlborough, La Warr, Oxford, Dartmouth, Weymouth, Jonath. Exon, Scarsdale, Nottingham, Feversham, Plymouth, Abingdon, Denbigh, VOL. V. house of lords, by the pretended Trial of John Warrington, Tho. Roffens. Hunsdon, Weston, 4 P |