lord Sommers, contrary to his said oath, in de- | ceit of his majesty, and elusion of the said acts of parliament. "XI. That many quit rents and copyhold rents, standing in charge as parcel of, or belonging to, several manors, or reputed manors, rents reserved upon leases or estates, the reversion whereof was in his said majesty king Charles 2nd at the making the said acts, rents conveyed before in lease, or granted to other persons, rents appropriated by, or in pursuance of, act or acts of parliament for payment of pens ons, stipends, salaries, annuities, alms, and allowances for the maintenance of grammar schools or scholars, or for or towards the reparation of churches, chapels, highways, causeys, bridges, schools, alms-houses, castles or other uses, and many quit rents of manors, and other rents, by act of parliament united and annexed to the castle of Windsor, with intent to support and maintain the yearly reparations and charges of the said castle, and discharge and pay the fees and wages of the officers, servants, and attendants in the same castle, and the forests, chases, and parks to the same belonging, and for many years applied according to the intention of the said act, and also many quit rents of or belonging to divers ancient manors, heretofore and yet parcel of the demesnes or possessions of the crown, as if the same had been entire fee-farm rents, issuing out of those manors, were by the aforesaid several indentures of bargain and sale, through the direction and power of the said lord S. conveyed, by the said trustees for sale of fee-farm rents, to the said Humphry Hetherington, Rd. Adny, and Samuel Newton, and to the said Hancock and Warner, and their heirs, or unto some of them, contrary to the true intent and meaning of the said acts of parliament, to the great vexation and oppression of many of his majesty's good subjects, and creating many new and unreasonable charges on other revenues of the crown. "XII. That, by the direction of the said lord S. the said Humphry Hetherington, Rd. Adny, Samuel Newton, Leonard Hancock and John Warner, surrendered several of the said rents to them granted as aforesaid, amounting to the yearly value of 3471. 11s. 54d. on suggestion that the same were either conveyed before in lease, set apart for payment of pensions, old supers, bad or illeviable, or part thereof bad or illeviable, or wrong conveyed and the said lord S. in 1699, being then lord chancellor of England, and one of his majesty's most honourable privy-council, in breach of his duty, and contrary to the laws and statutes of this realm, procured other rents, of the yearly value of 3914. Os. 3 d. to be allowed by way of reprize, and to be conveyed to Rd. Adny, and his heirs, in trust for the said lord S. and his heirs, as if the said yearly rents of 347. 11s. 5 d. so surrendered, had been, really and bona tide, purchased, in pursuance of the said acts for sale of fee-farm rents. “XIII. That, in 1695, the said lord S. being then lord keeper of the great seal of England, as also one of his majesty's most honourable privy-council, together with Edward earl of Orford, then first commissioner for executing the office of lord high admiral of England, and commander in chief of his majesty's navy royal, and one of his majesty's most honourable privy-council, Richard earl of Bellamont in the kingdom of Ireland, governor of NewYork and New-England, and others, then in high stations, and in great power and authority, procured a commission to be granted unto one Wm. Kidd, a person of evil fame and reputation, and since that time convicted of piracy, to apprehend, and take into his custody, divers persons therein named, and all such pirates as the said Kidd should meet with upon the coasts or seas of America, or in any other seas or parts, with their ships and vessels, and also such merchandizes, goods, and wares, as should be found on board, or with them: And afterwards the said lord S. in 1697, with the assistance of the said earl of Orford, and other persons aforesaid, procured a Grant from his majesty; and the said lord Sommers passed the same under the great seal of England; whereby all and whatsoever ships, vessels, goods, merchandizes, treasure, and other things whatsoever, which, since the 30th day of April, 1696, had been taken or seized upon or with, or did belong to, or which should be taken or seized upon or with, or did or should belong to, Thomas Soo, John Irelands, Thomas Wake, and William Maze, in the said letters-patents mentioned to have been complained of, and informed against, for committing many robberies, piracies, and depredations, upon the seas in the parts of America, and other places, but never convicted or attainted for the same; or which, since the said 30th day of April, 1696, had been taken or seized upon; or which did or should belong to any of the adherents of the said Thomas Soo, John Ireland, Thomas Wake, and William Maze, or any other pi rates, freebooters, and sea-rovers, by the said William Kidd, or other commander of the Adventure-gally; or which by, or by means of the said ship or gally, should be taken, or forced on shore, in any of his majesty's plantations of America; were granted unto the said Richard earl of Bellamont, and unto Edmund Harrison, merchant, Samuel Newton, gent. William Rowlev, gent. George Watson, gent. and Thomas Reynolds, of St. Martin's, * * *, their executors, administrators, and assigns, to their own sole use and benefit, and as their own proper goods and chattels, without any account thereof or therefore to be made; in which Grant, the name of the said Samuel Newton was used in trust, and for the only benefit and advantage of the said lord Sommers: Which said Grant, under the great seal of England, manifestly tended to the destruction and discouragement of trade and navigation, the great loss and prejudice of merchants and others, being his majesty's subjects, or subjects of the friends and allies of his majesty, and the dishonour of saith: "I. To the first Article, That he believes the now emperor of Germany and the States General of the United Provinces being, in the year 1689, engaged in a war with France, a Treaty and alliance was concluded between them, and a separate article then made, to the effect in this Article mentioned; and that his the king and kingdom; and the said lord Som- | realm; for Answer to the said Articles, humbly mers was, by procuring and passing the said Grant, guilty of a notorious breach of his duty. "XIV. That the said John lord Sommers, to the great oppression of the subject, and contrary to Magna Charta, and divers good statutes of this realm, and in inanifest breach and violation of his oath as lord high chancellor of England, bath, in several causes depending before him, by many extraordinary methods, and unwarranta-sacred majesty did afterwards enter into, ratible practices, for several years, delayed proceed- fy, and approve the same; to which Treaty, seings in the said causes; and, by colour of his parate articles, and ratification, (for more ceroffice, hath made divers arbitrary and illegal tainty thereof) he referreth himself. And furorders, in subversion of the laws and statutes ther saith, That, in the year 1698, his majesty, of this realm; and hath, of his owu authority, before he left England, was pleased to tell him, reversed judgments given in the court of ex-"That some intimation had been given to the chequer, and without calling before him the earl of Portland, when in France, that the barons of the Exchequer to hear their informa- French king inclined to come to an agreement tions, and the causes of their judgments, as the with his majesty concerning the Succession to statute, in those cases, expressly directs; as- the crown of Spain:" And afterwards, in Ausuming thereby to himself an arbitrary and il-gust 1698, (his majesty being then in Holland, legal power: And hath declared and affirmed, in public places of judicature, That particular subjects might have rights and interests, with out any remedy for recovery of the same, unless by petition to the person of the king only; or to that effect: Which position was highly dangerous to the legal constitution of this kingdom, and absolutely destructive to the property of the subject. "And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any further articles, or other accusation or impeachment, against the said lord Sommers; 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 cause shall, according to the course of parliament, require; do pray, That the said John lord Sommers may be put to answer the said crimes and misdemeanors; and that such proceedings, examinations, trials, and judgments, may be thereupon had and given, as is agreeable to law and justice." and the said lord Sommers at Tunbridge Wells, by his majesty's permission, for recovery of his health), Mr. Secretary Vernon communicated to him a letter he had then received, written by the earl of Portland, by his majesty's order, wherein it was mentioned, "That count Tallard (who was then ambassador from the French king to his majesty) had declared an accommodation might be found out, in relation to the Succession of Spain, in case of that king's death; and that his majesty had sounded France, upon what terms an agreement might be made; and the conditions were near of this nature, (videlicet,) That the electoral prince of Bavaria should have the kingdoms of Spain, the Indies, the Low-Countries, and all that depends upon the Spanish dominions (except the kingdom of Naples and Sicily, Sardinia, the province of Gupuscoa on this side of the Pyreneans, Fontaralia, and St. Sebastian, Finall, and the places in Tuscany of which Spain then stood possessed); in consideration of which, France was absolutely to renounce the right it pre ended to the Succession of Spain, and Milan was to be given to the archduke, second son to the emperor;" and that his Lord Sommers's Answer to the Articles of Im- majesty commanded the said Mr. Secretary to peachment.] May 24. The lord Sommers deli- speak to him the said lord Sommers touching vered his Answer to the Articles of Impeach- that matter; and that his lordship should disment of the house of commons against him. course it with those he thought he might trust Which was read, by the clerk, as follows;. with that secret; which to keep with the ntmost care, was, by the said letter, mentioned "The ANSWER of JOHN Lord SOMMERS, baron of Evesham, to the Articles exhibited, by same time, the said lord Sommers received a to be of the highest importance. And, at the the knights, citizens, and burgesses, in par- letter from his majesty, signed by himself, intiliament assembled, in the name of them-mating that count Tallard had made some proselves and of all the commons of England, positions, touching an agreement with his main maintenance of their Impeachment jesty, concerning the Succession of the kingagainst him, for high crimes and misde-dom of Spain; the which the said earl of Portmeanors supposed to be by him committed. land would write to Mr. Secretary Vernon, to "The said Lord Sommers, saving to himself the end his majes y might have some opinions all advantages of exception to the said Articles, upon that affair, which required the greatest and of not being prejudiced by any words or secrecy, and in which no time was to be lost if want of form in this his Answer; and also that negotiation were to be carried on; And saving to himself all rights and privileges be- for that end, his majesty thereby commanded longing to him as one of the peers of this the said lord Sommers to send full powers to him, under the great seal of England, with posal took place? But of that they thought blanks for the names of commissioners to themselves little capable of judging; but it treat with count Tallard, which his majesty, seemed, that, if Sicily was in the French hands, "He be- they would be entirely masters of the Levant by his said letter, was pleased to say, lieved might be done secretly; that none trade; that, if they were possessed of Finall, and those other sea ports on that side (whereby but the lord Sommers and Mr. Secretary Vernon, and those to whom the said lord Sommers Milan would be intirely shut out from relief by and Mr. Secretary should communicate it, sea or any commerce), that dutchy would be of might have knowledge thereof; and that the little signification in the hands of any prince; clerks who were to write the full powers might and that, if the king of France had possession not know what they were," or to the like effect. of that part of Guypuscoa which is mentioned And the said lord Sommers did immediately in the proposal, besides the ports he would have return the earl of Portland's said letter to Mr. in the ocean, it did seem he would have as Secretary Vernon, and desired him to commu- easy a way of invading Spain on that side as nicate the contents thereof to the earl of Orford he then had on the side of Catalonia: but it and the now lord Halifax (two of the then lords was not to be hoped that France should quit justices, who, as he was assured, were then in its pretensions to so great a Succession, without town), and also to such others as they and Mr. considerable advantages; and they were asSecretary Vernon should think fit; who, insured, his majesty would reduce the terms as regard of the king's command to have that low as could be done, and make them, as far as was possible in the then present circumaffair kept a secret, thought fit to impart it to the duke of Shrewsbury only (as the said Mr. stances of things, such as might be some founSecretary afterwards acquainted the said lord dation for the future quiet of Christendom, Sommers); and some time afterwards the said which all his majesty's subjects could not but lord Halifax came down to the said Wells, and be convinced was his true aim; and, if it could Mr. Secretary Vernon coming thither also be brought to pass, that England might be about the same time, they and the said lord so ne way a gainer by that transaction, whether Sommers had discourse together, concerning it was by the elector of Bavaria, who was the the said proposal. And the said lord Sommers, gainer by his majesty's interposition in that by letter dated 28th August, 1698, did (as his Treaty, his coming to an agreement to let the own thoughts, and as what he apprehended to English into some trade to the Spanish plantabe the result of their consideration) humbly tions, or in any other manner, it would wonderrepresent to his majesty, 1st, That the enter- fully endear his majesty to his English subjects. taining of such a proposal as was mentioned by count Tallard seemed to be attended with very many ill consequences, if the French did not act a sincere part; but that they were soon at ease as to any apprehension of that sort, being fully assured, his majesty would not act but with the utmost niceness, in an affair wherein his glory and the safety of Europe was so highly concerned: That the 2nd thing they considered, was the very ill prospect of what was like to happen upon the death of the king of Spain, in case nothing was done previously towards the providing against that accident, which seemed probably to be very near, the king of France then having so great a force in such a readiness, that he was in a condition to take possession of Spain before any other prince could be ready to make a stand: That his majesty was the best judge whether that was the case, who was so perfectly informed of the circumstances of all parts abroad; but so far as related to England, it would be want of duty, not to give his majesty this clear account, That there was a deadness and want of spirit in the nation universally, so as not at all to be disposed to the thoughts of entering into a new war; and that they seemed to be tired out with taxes, to a degree beyond what was discerned, until it appeared upon the occasion of the then late elections: That that was the truth of the fact, upon which his majesty would determine what resolutions were proper to be taken. The remaining consideration was, what would be the condition of Europe if the pro-ed to be done by his majesty, as aforesaid, and That it did not appear, in case the negotiation should proceed, what was to be done on his majesty's part, in order to make it take place; whether any more was required, than that the English and Dutch should sit still, and France itself was to see it executed; and, if that were so, what security ought to be expected; that if, by their being neuters, the French should be successful, they would confine themselves to the terms of the Treaty, and not attempt to make further advantages of their success? And the said lord Sommers saith, That, after the writing of his said letter, he had no account whatsoever, nor heard any thing, of the said Treaty, or knew or heard, whether the same was proceeded upon, or not, until towards the latter end of Sept. following, when he was acquainted by Mr. Secretary Vernon, that he had received an account, that a Treaty relating to the Succession of the crown of Spain, had been adjusted, concluded, and signed, by the commissioners named by his majesty for that purpose, and the ambassador and plenipotentiary of the French king: and the said lord Sommers doth deny, that the said Treaty of Partition, or any proposition for such Treaty, or the transaction thereof, was communicated to him the said lord Sommers; nor was he acquainted with the same, or the design thereof, or any other matter, relating thereto, at any other time, or in any other manner, before he was told of the concluding and signing thereof, as aforesaid, than as is herein before-mention : ing, might be signed, and returned; not that he doubted his majesty's said letter to be a sufficient warrant, but for that such warrant might be more proper to be produced, if occasion should require, than his majesty's said letter; which, by reason of other matters therein contained, ought not to be produced without his majesty's permission, and which is now made use of by his majesty's gracious leave: and the said lord Sommers further saith, That his majesty having, by his own and the earl of Portland's letter before mentioned, directed, that his majesty's said commands should be kept secret, he did not communicate the making of the said commission, otherwise than to the persons mentioned in his answer to the said 1st Article. by his and the said earl of Portland's letter executing the said power, the same noways herein before-mentioned: and the said lord concerning the lord Sommers, he knows not: Sommers doth deny he did, at any time what- and the said lord Sommers saith, he did desire soever, advise his majesty to enter into the his majesty, that a particular warrant for the said Treaty, or any-way encourage or promote said commission, which had been before sent the same; but, having made the objections be- by Mr. Secretary Vernon to his majesty, as he fore mentioned, in his said letter to his majes-informed the said lord Sommers, for his signty, against the propositions so communicated to him as aforesaid, and clearly laid open such thoughts and observations as occurred to him upon the said matter, he did thereby, as he conceived, fully and faithfully discharge his trust, and the duty incumbent on him and the said lord Sommers further saith, That afterwards Mr. Secretary Vernon did acquaint him, that he had received, by his majesty's command, a copy of the Treaty relating to the Succession of the crown of Spain, and of two secret Articles relating to the matter of that Treaty; and that he had likewise his majesty's command to prepare the instruments for the ratification of the same, and to leave blanks therein for the names of the commissioners of the States-General; and accordingly the said Mr. Secretary did prepare the said several instruments, and did bring the same, so prepared, to the said lord Sommers, to pass the same under the great seal; which was done accordingly, the said lord Sommers having a good and lawful warrant so to do; and the said ratification was transmitted to his majesty, to have the same perfected in his presence: which Treaty, and secret Articles, were to such or the like effect as in this Article is set forth; but, for more certainty, he refers himself to the said Treaty and Articles.-And the said lord Sommers, not being privy, in any other manner than as aforesaid, to the said Treaty, or the transaction thereof, doth not know when, or in what manner, the same was communicated to the States General. "II. & II. To the 2nd and 3rd Articles, the said lord Sommers saith, That he having received his majesty's express commands, by his letter mentioned in his answer to the 1st Article, to send to his majesty full powers, under the great seal of England, for negotiating the said Treaty, with blanks for his majesty's commissioners names; which, he humbly conceives, and is advised, was a sufficient warrant for him to pass a commission under the great seal for that purpose; and the same being prepared in usual form of commissions of full powers, with blanks for commissioners names, according to his majesty's direction, he did affix the great seal to the same; and the said commission was sent to his majesty, then in Holland, to be perfected in his presence, by inserting the names of such persons as his majesty should think fit to commissionate therein, as, he conceives, might legally be done; which commissioners were to receive their instructions from his majesty for the execution of their said power, together with the said commission, in usual manner: but what instructions, or whether any instructions, in writing, were given to the commissioners, in relation to the VOL. V. "IV. To the 4th Article, he saith, That Mr. Secretary Vernon having prepared, by his majesty's command, the instruments for ratification of the said Treaty, with blanks therein, as is before set forth, he did affix the great seal to the said ratification with such blanks; which, he conceives, and is advised, he might lawfully do: and, having also his majesty's command, that the said Treaty should be kept secret, he did not communicate the same to the rest of the then Lords' Justices, or his majesty's Privy Council; which, besides, he conceived, was unnecessary to be done, in regard his majesty had then, by his commissioners, perfected the said Treaty; so that the same could not be altered. "V. To the 5th Article, the said lord Sommers saith, He believes, that, in the year 1699, another Treaty was entered into, and concluded, between his majesty, the States General, and the French king, to such or such-like effect as in this Article is mentioned, to which Treaty, for more certainty thereof, he referreth himself: and denieth, that he had any knowledge of such Treaty, or any transaction in order thereunto; save only that a draught of the said Treaty was read over in the presence of divers of the lords of his majesty's privy-council, whereof the said lord Sommers, as well as others then present, did make several objections; but they were informed by his majesty's plenipotentiaries for transacting the said Treaty, who were then also present, That the said Treaty was so far perfected, that nothing could then be altered therein; and his majesty afterwards, by his warrant, requiring the ratifying of the said Treaty under the great seal, he did affix the great seal to such ratification, being, as he conceives, obliged so to do. "VI. To the 6th Article, he saith, He conceives it was not incumbent upon him, as Lord Chancellor, to see the commissions or ratifications, in this Article mentioned, inrolled; the 4 N same being prepared, and brought to the great seal, by the secretaries of state, ready ingrossed; and, when sealed, taken away by them, and the original Treaties remaining in their custody; but the care of inrolling the same, if necessary, doth, as he conceives, belong to the prothonotary of the court of chancery. as in the said article is mentioned; but the same was, and is, far short of the value thereby suggested: and the said lord Sommers fur ther saith, he never pretended to purchase, in his own name, or in the name or names of any other person or persons in trust for him, any of the fee-farm rents, or other rents, vested "VII. To the 7th Article, he saith, That, in trustees for sale; but his majesty taking nowhen the great seal was committed to his tice, that several of the said fee-farm rents, and custody, he took the oath of oflice to the effect other rents, so vested in trustees, were unsold; in that Article set forth; and, during the time and the said trustees being, by the acts of par he had the custody thereof, he did carefully, liament vesting in them the said rents, declared diligently, and honestly, endeavour to keep to hold the same for the benefit of his majesty, the said oath; and hopes and believes he hath his heirs and successors; his majesty did, in duly observed the same; and doth acknow- the year 1697, of his own motion, without any ledge, That, during the time he was Lord solicitation, procurement, or means, used by Keeper and Lord Chancellor, he did pass seve- the said lord Sommers, acquaint the then Lords ral grants to divers persons of several lands, Commissioners of the Treasury, or some or tenements, and hereditaments, belonging to one of them, that it was his majesty's pleasure, his majesty in right of his crown of England; that 2,100/. per annum of those rents should be but saith, That, before any of them came to granted to, or for the benefit of, the said lord the great seal, the same were regularly passed Sommers, and his heirs; and that all proper through the proper offices, and brought, with methods should be used for vesting the same sufficient warrants, for the great seal; and be- for his benefit, as of his majesty's free gift; and lieves more considerable grants have passed, the said acts of parliament having directed, in the like number of years, in most of his pre- that the said trustees on sales should convey decessors times; and conceives, and is advised, the said rents pursuant to contracts to be that, being required by his majesty, by proper signed by the Lord Treasurer, or Lords Comwarrants, to pass the same, he ought so to do: inissioners of the Treasury, for the time being, and denies, That he did ever advise, promote, or any two of them, for the satisfaction of the or procure, any grant to be made to any per- said trustees only; and according to the meson whatsoever, of any forfeited estate in Ire-thod that had been used, from the time of land, or did procure any act or bill prepared for confirming any such grant in the parliament in Ireland, to be approved in the Privy Council in England: and saith, That, what bills of this nature were remitted under the great seal of England, to be passed into laws in Ireland, the Same were first approved, and passed, in the Privy Council in England, according to the usual form in such cases; and, being so approved, were, by order of council, sent to the said lord Sommers; who was, by the said order, required to affix the great seal thereto. "VIII. To the 8th, he saith, he did, during the time he had the custody of the Great Seal, receive the profits and perquisites thereto be longing, which, before his time, were become very inconsiderable; and did also receive an annual pension or allowance from his majesty of 40007. being the like pension that had been allowed to several of his predecessors: but denies, that he did ever beg, or use any means to procure, any grant whatsoever from his majesty, for his own benefit: but saith, that what bis majesty was pleased to give him proceeded from his majesty's own motion, and of his mere bounty, and as his majesty was pleased to declare upon that occasion, as an evidence of his gracious acceptation of the said lord Sommers's zealous endeavours for his service; and the same was done without any previous solicitation by him the said lord Sommers, or any other to his knowledge or belief; and that, in the year 1697, his majesty, of his own motion, did grant for the benefit of the said lord Sommers, the manor or manors of Rygate and Howley, making the said acts, in passing grants of any of the said rents, even such as were merely of the bounty of his majesty's predecessors, and of his majesty: such warrants were made by his majesty to the Lords Commissioners of the Treasury to contract, or give warrants to the trustees to contract, for the said rents; and such contracts were pursuant thereunto made; and such grants of the said rents were passed, as in the said article is mentioned; and the money, mentioned in such contracts, was, for the perfecting of his majesty's said intended free gift, discharged by tallies struck for that purpose: and the said lord Sommers saith, the said contracts were not intended or designed to make the grantees of the said rents appear to be purchasers; but the said lord Sommers always acknowledged he received the said grants of his majesty's bounty; and, he humbly conceives, it was lawful for him so to accept the same. "IX & X. To the ninth and tenth articles the said lord Sommers saith, that, after his majesty had given such direction to the lords of the treasury for granting fee-farin rents, and other rents, to the yearly value aforesaid, for the benefit of the said lord Sommers, and his heirs, and after warrants were signed by the lords of the Treasury to the said trustees, for making contracts for conveying rents of the said yearly value, for the benefit of the said lord Sommers, it did appear, that the said intended contracts and grants could not be perfected; for that neither the Lords of the Treasury, nor the said trustces, were sufficiently informed what fee |