134 dreffes of the Will.III. Accordingly, the general impeachment was brought up the 1701. next day, against all three, to the bar of the house of lords. The commons were very fenfible, that those impeachments Contrary ad- must come to nothing, and that they had not a majo two houfes. rity in the houfe of lords to judge in them as they fhould direct. They refolved therefore on a fhorter way, to fix a fevere cenfure on the lords, whom they had thus impeached. They voted an address to the king, for removing them from his council and prefence for ever; which was prefented by the house on the 23d of April, in thefe terms," Burnet. Pr. H. C. « "Moft gracious sovereign, WE, your majesty's E, your majesty's moft dutiful and loyal fubjects, the commons in parliament affembled, do hum"bly crave leave to represent to your majesty the great fa"tisfaction we have from our late enquiry concerning the "treaty of partition, made in the year 1698, (on which the "treaty of 1699 was founded) to fee your majesty's great "care of your people and this nation, in not entering into "that negotiation without the advice of your English coun"fellors and finding, that John lord Sommers, on whofe judgment your majefty did chiefly rely in that fo important "affair, did, in concert with Edward earl of Orford, and Charles lord Hallifax, advise your majesty to enter "into that treaty, of so dangerous confequence to the trade "and welfare of this nation; and who, to avoid the cen"fure, which might juftly be apprehended to fall on those "who advised the fame, endeavoured to infinuate that your "majefty, without the advice of your counfel, entered into "that treaty, and under your facred name to feek protection "from what themselves had fo advised; of which treatment "of your majefty, we cannot but have a just resentment. "And, that they may be no longer able to deceive your majefty, and abuse your people, we do humbly befeech "your majefty, that you will be pleafed to remove John "lord Sommers, Edward earl of Orford, and Charles lord "Hallifax from your council and prefence for ever; as "alfo William earl of Portland, who tranfacted these trea ties, fo unjust in their own nature, and fo fatal in their "confequences to this nation and the peace of Europe. And "we humbly crave leave, upon this occafion, to repeat our "affurances to your majefty, that we will always ftand by "and fupport your majefty, to the utmost of our power, "against all your enemies both at home and abroad." Το To this address the king returned this answer: I AM willing to take all occafions of thanking you very heartily for the affurances you have frequently given me, and now repeat, of ftanding by and fupporting me "against all our enemies both at home and abroad; towards "which, nothing, in my opinion, can contribute so much as a good correfpondence between me and my people. "And therefore you may depend upon it, that I will em"ploy none in my fervice, but fuch as fhall be thought most likely to improve that mutual truft and confidence between "us, which is fo neceffary in this conjuncture, both for our "own fecurity, and the defence and the prefervation of our "allies." Will. III. 1700-1. Such an addrefs had never gone along with an impeach- Remarks on ment before. The house of commons had indeed begun fuch this addrefs. a practice in king Charles the Second's time. When they difliked a minifter, but had not matter to ground an impeachment on, they had taken this method of making an address against him; but it was a new attempt to come with an address after an impeachment. This was punishing before trial, contrary to an indifpenfable rule of juftice, of not judging before the parties were heard. The houfe of lords faw, that this made their judicature ridiculous, when, in the first inftance of an accufation, application was made to the king for a cenfure, and a very fevere one, fince few misdemeanors could deferve a harder fentence. Upon thefe grounds. the lords prevented the commons, and fent fome of their body to the king with this counter-addrefs: WE your majefty's most loyal and dutiful fubjects, the lords fpiritual and temporal in parliament af"fembled, beg leave to reprefent to your majefty, that the "houfe of commons have feverally impeached, at the bar of "our houfe, William earl of Portland, John lord Sommers, "Edward Earl of Orford, and Charles lord Hallifax, of high "crimes and mifdemeanors.We do moft humbly be"feech your majefly, that your majefty will be pleafed not "to pals any cenfure upon them, until they are tried upon the impeachments, and judgment be given accord"ing to the ufage of parliament, and the laws of the "land." Will. III. The king made no other answer to this addrefs, than by 1700.1. letting the names of the impeached lords continue ftill in the council-books, contrary to the address of the commons. As this seemed to be a refufing to grant what they had defired, though it was but a piece of common juftice, it was complained of, and it was faid, that these lords had ftill great credit with the king. The commons had, for form fake, ordered a committee to prepare articles of impeachment, but they intended to let the matter lie dormant, thinking that what they had done already, had fo marked thofe lords, that the king could not employ them any more; for that was the chief thing they aimed at. Proceedings upon the impeach ments. Articles against the ford. Accordingly, the impeachments lay long neglected in the houfe of commons, and probably would have been dropped, if the lords concerned had not moved for a trial. On their motion, on the 5th of May, a month and five days after the impeachment of the earl of Portland, and twenty-one days after that of the other three lords, the house of lords, to quicken the proceedings of the commons, fent them a mesfage to put them in mind, that, as yet no particular articles had been exhibited against the impeached lords; which, after⚫ impeachments had been fo long depending, was due in juftice to the perfons concerned, and agreeable to the methods of parliament in fuch cafes. Upon this articles were framed against the earl of Orford, and, on the 9th of May, were fent up to the lords by colonel Bierley, who, by order of the commons, demanded that the earl fhould give fecurity to abide the judgment of the house of lords; but, after infpecting the journals, the commons were told that there was no precedent of giving any fuch fecurity upon an impeachment of high crimes and misdemeanors. In the articles, the earl was charged for taking great grants from the king; Kidd's bufinefs was objected to him; he was also charged for abufes in managing the fleet, and victualling it, when it lay on the coast of Spain, and for fome orders he had given during his command, and, in conclufion, for his advising the partition treaty. And, in setting this out, the commons urged, that the king, by the alliance made with the emperor in the year 1689, was bound to maintain his fucceffion to the crown of Spain, which they faid was still in force; fo the partition treaty was a breach of faith, contrary to that alliance; and this paft current in the houfe of commons, without any debate or enquiry into it; for every thing was acceptable there, that loaded that treaty, and thefe lords: but they did not confider, that by this they de declared, they thought the king was bound to maintain the Will.III. emperor's right to that fucceffion; yet this was not intended 1700-1. by those who managed the party, who had not hitherto given any countenance to the emperor's pretenfions: fo apt are parties to make use of any thing that may serve a turn, without confidering the confequences of it. Orford's an fwer. The earl of Orford put in his answer in four days; he The earl of faid he had no grant of the king, but a reverfion at a great diftance, and a gift of ten thousand pounds, after he had defeated the French at la Hogue, which he thought he might lawfully accept of, as all others before him had done: he opened Kidd's matter, in which he had acted legally, with good intentions to the public, and to his own lofs: his accounts, while he commanded the fleet, had been all examined and were paft; but he was ready to wave that, and to juftify himself in every particular, and he denied his having given any advice about the partition treaty; this was immediately fent down to the commons; but they let it lie before. them, without coming to a replication, which is only a piece of form, by which they undertake to make good their charge (b). (b) If the reader defires a larger account of the articles and anfwer, it is as follows: I. That in a long and expenfive war, the earl had procured from his majefty grants of feveral manors, mefluages, &c. as alío exorbitant fums of money: To which the earl anfwered, "That, he having for feveral "years rendered to the king his "utmost service and duty, as a good and loyal fubject, his majefty was gracioufly pleafed, upon feveral occafions, "to take notice of the fame, "and out of his wounted bounty was pleased to give him two grants, one a reverfionary grant for years of fome houfes; "the other a grant of the re"mainder of a grofs fum a 66 On Will.III. On the 19th of May, after another quickening meffage 1700-1. from the lords, articles of impeachment were fent up to the Articles of impeachment lord Som mers. peers racies and depredations on the high feas, being thereto encouraged through the hopes of being protected by the high ftation and intereft of the faid earl. To which he answered, "That "he did never difcourage or re"ject the company's request, against the and great quantities of wine, IV. That he hath clande- unless it were by telling them, "that the admiralty by law "could not grant the fame : "and as to the matter of Kidd, "his commiffion was according "to law, and his expedition in"tended for the public good "and fervice; and, if he had "committed any piracies, he is "anfwerable for the fame, he never being ordered or encouraged by the faid earl fo to do. VI. That, while the kingdom was under an apprehenfion of an immediate invasion from France, he, preferring his hopes of gain to himself, to the fafety of the public, did order captain Steward, commander of the Duchefs, to put on board captain Kidd a great number of able feamen, to the prejudice of the public fecurity, and to the endangering the Duchefs, if the had been attacked by the enemy. To which he answered, V. That he, prefiding in the "That the men taken from on commiffion for executing the of"board the Duchefs were but fice of lord high admiral of En- "fome of the very perfons, that gland, had difcouraged and re- "were juft before taken from jected the request and propofal" on board of captain Kidd, of the Eaft-India company for fuppreffing piracies in the South Seas; and had procured a com* miffion for one William Kidd, who had committed divers pi "and returned by their own "confent again, not being a"bove twenty in number, and "that when all fears of an in"vafion were over." |