as I have nothing so much at heart, as the pre- out the bar. 2. That no lord of parliament, servation of the liberty of Europe, and the impeached for high crimes and misdemeanors, honour and interest of England, so I make no can be precluded from voting on any occasion, doubt of attaining those great ends, by the except in his own Trial.-Their lord-hips further blessing of God, and the continuance of your take notice of a mistake in point of fact, chearful concurrence.-My Lords and Gentle-alledged in the Message of the commons; it no men; The season of the year makes it neces- way appearing upon their Journal, that the sary to have a speedy recess, and the posture of lords impeached have voted in their own case. affairs abroad does absolutely require my pre--The lords being well assured, that all the sence, for the encouragement of our Allies, and steps that have been taken by them in relation for the perfecting of such Alliances as may be to these Impeachments, are warranted by the most effectual for the common interest: And practice of their ancestors, and the usage of therefore I must recommend a dispatch of the | parliament, have reason to expect the Trials public business, especially of those matters should proceed without delay.-Also, that which are of the greatest importance.” they are commanded by the lords to acquaint this house, that, In answer to the Message of the house of commons yesterday, the lords say, that they cannot give a greater evidence of their sincere and hearty desires, of avoiding all differences with the house of commons, and of proceeding on the Trials of the Impeachments, than by not taking notice of the several just exceptions, to which that Message is liable, both as to the matter and the expressions.The lords have nothing farther from their thoughts, than the going about to do any thing, which might have the least appearance of hardship with relation to the coinmons.-But the Answer of the lord Sommers to the Articles ex

Address of the Commons.] The commons agreed upon this Address to his majesty:

"Most gracious sovereign, We your majesty's most dutiful and loyal subjects, the Commons in parliament assembled, do, with all imaginable chearfulness, return your majesty our most humble Thanks for your most gracious Speech from the throne, in which your majesty is pleased to express your royal approbation of the proceedings of your commons. And we do further unanimously assure your majesty, that we will be ready on all occasions to assist your majesty, in supporting such Alliances as your majesty shall think fit to make, in conjunction with the Emperor and the States-General, for the pre-hibited against him, having been sent down to servation of the Liberties of Europe, the prosperity and peace of England, and for reducing the exorbitant power of France."

The King's Answer.] When this Address was presented, on the 13th, the king gave this Answer:

"Gentlemen, I thank you heartily for the unanimous assurances you have given me of your readiness to assist me, in supporting such Alliances as I shall make in conjunction with the Emperor and the States-General. It will be a good encouragement to them, to find the sense of this kingdom so fully expressed on this occasion, and will likewise contribute most effectually, to the obtaining those great ends you have now mentioned, on which the happiness of Europe does so much depend."

Sixth Message from the Lords, respecting the Impeachments.] The lords on the same day the king made this Speech, had sent this Message to the commons:

In answer to the Message from the house of commons of the 10th instant, the lords say, That although they take it to be unparliamentary in many particulars, yet to shew their real desire of avoiding disputes, and removing all pretence of delaying the Trials of the impeached lords, they will only take notice of that part of their Message, wherein the commons propose some things as difficulties in respect of the Trials; which matters relating wholly to their judicature, and to their rights and privileges, as peers, they think fit to acquaint the commons with the following Resolutions of the house of lords. 1. That no lord of parliament, impeached for high crimes and misdemeanors, and coming to his Trial, shall, upon this trial, be with

the commons on the 24th of May last, and they having, by their Message of the 21st of May, signified to their lordships, their intention of beginning with the Trial of his Impeachment in the first place: The lords, considering how far the session is advanced, thought it reasona ble to appoint the 13th instant for the said Trial, their lordships finding several precedents of appointing Trials on Impeachments within a shorter time.-The lords also think it incumbent upon them to dispatch the Trials of all the inpeached lords, before the rising of the parliament. This is what justice requires, and cannot be looked upon as a matter of indulgence: Nevertheless, that the commons may see how desirous their lordships are to comply with them in any thing which may be consistent with justice, they have appointed the Trial of the Impeachment against John lord Sommers, on Tuesday the 17th of this instant June, at ten of the clock in the forenoon, in the house of lords, which will be then sitting in WestminsterHall. That they were commanded by the lords to acquaint this house, that the lords do agree to a free Conference with the commons, as desired; and do appoint to-morrow at one in the Painted-Chamber."

Answer of the Commons.] The Commons, on the 13th, made this Answer:

"The house of commons find greater reason to insist upon their proposal of a Committee of both houses, from the two Messages received yesterday from your lordships; for their ambiguity and uncertainty do show the methods of former parliaments to be the most proper way for dispatch of business.-The commons have been obliged to employ that time in considering

ing to a Committee of both houses desired by the commons at the first Conference.—That, notwithstanding those Reasons, the commons still thought a Committee of both houses absolutely necessary, for adjusting and preventing such differences as had happened, or might arise previous to, or upon the Trials; and therefore insisted, that such a Committee should be appointed before the commons could proceed on any Trial.-It was urged as one Reason for such a Committee, that many diffi

might be obstructed, if the preliminaries should not be first adjusted: as one instance, that point of several lords being under impeachments of the same crimes, voting on each other's Trial, was mentioned.--The Lord Steward (Duke of Devonshire,) first replied, and nothing was offered by his grace, but what was material and pertinent to the matter in question, and agreeable to the method of parlia ment in fice Conferences. That John lord Haversham spoke immediately after; and in his lordship's discourse, used these or the like expressions:

how to answer your lordships Messages, which otherwise would have been spent in preparing for the lord Sommers's Trial; so that the delay must be charged where the occasion ariseth. And the commons, having desired a Committee of both houses, to adjust the preliminaries of the Trials, cannot but think it strange your lordships should come into Resolutions upon two of those points, while the Proposal of the house of commons is under debate, at Con- | ferences between the two houses; the commons having other difficulties to propose, which con-cuitics might happen, whereby the Trials cern them as prosecutors, and all future Impeachments.--And though the commons have the subject of your lordships Resolutions, with other things, to be debated at a committee of both houses; yet they cannot but observe, that your fordships second Resolution is no direct Auswer to the commons proposal; which was, whether Peers impeached of the same crimes shall vote for each other upon their Trial for the same crimes. And the commons cannot Leliève, that any such rule can be laid down in plain words, where there is a due regard to justice. And as to what your lordships observe, That there is a mistake in point of fact alledged by the commons; the house may take notice of the caution used by your lordships, in wording that part of Message; for they know your your Jordships are too well acquainted with the truth of the fact to affirm that the impeached lords did not vote in their own cases; and though the appearing or not appearing upon your lordship's Journal does not make it more or less agreeable to the rules of justice, yet the commons cannot but add this further observation from your lordships Journal, That the impeached lords presence is not only recorded when those Votes passed, but they also find some of them appointed of committees, for preparing and drawing up the Messages and Answers to the house of coinmons; which they do not think has been the best expedient for preserving a good correspondence between the two houses, or adjusting what will be necessary upon these Trials: And therefore the commons cannot think it agreeable to the rules of parliament for them to appear at the Trial, 'till all necessary preliminaries are first settled with your lordships."

Report of the Conference, and the Offence given to the House by Lord Haversham.] Then the commons went to the Conference with the lords, and Mr. Harcourt reported the matter thereof, and the Words which the lord Havershamn had spoke thereat; which he read in his place, and afterwards delivered in the said Report at the clerk's table, where the same was read, and is as followeth, viz,

That the Managers appointed by this house met the lords at the free Conference, the subject matter whereof was opened by Mr. Harcourt, and immediately afterwards further argued by sir Bartholomew Shower. It was insisted on by each of them, that the Reasons offered by their lordships at the last Conference were not sufficient for their lordships disagreeVOL. V.

|

6

One thing there is, though I cannot speak it, because I am bound up by the orders of the house, yet I must have some answer; this is, as to the lords voting in their own case, it requires an Answer, though I cannot go into the debate of it. The commons 'themselves have made this precedent; for, in 'these Impeachments, they have allowed wen guilty of the same crimes to vote in their own house: and therefore we have not made any distinction in our house, that some should vote and some not. The lords have so high an opinion of the justice of the house of com

6

6

mons, that they hope justice shall never be 'made use of as a mask for any design. And 'therefore give me leave to say, though I am not to argue it, it is a plain demonstration that the commons think these lords innocent; and I think the proposition is undeniable; 'for there are several lords in the same crimes, in the same facts there is no distinction. And the commons leave some of these men at the head of affairs, near the king's person, to do any mischief if they were inclined to it; and impeach others, when they are both alike guilty, and concerned in the same facts. This is a thing I was in hopes I should never have heard asserted, when the beginning of it was 'from the house of commons.'

6

"These expressions were instantly objected to by sir Christ. Musgrave; and the Managers took them to be so great an aspersion on the honour of this house, that they thought themselves obliged in dety immediately to withdraw from the Free Conference,-As the Managers were withdrawing, his grace my lord Steward spoke to the effect following; That he hoped they would not think that that Lord had any authority from the house of lords to use any such expression towards the commons.”

Votes thereon.] Resolved, “That John lord Haversham hath, at the Free Conference this 40

day, uttered most scandalous reproaches, and | duty and allegiance to his majesty and his late false expressions, highly reflecting upon the honour and justice of the house of commons, and tending to the making a breach in the good correspondence between the lords and commons, and to the interrupting the public justice of the nation, by delaying the Proceedings on Impeachanetts. 2. That John lord Havershain be charged before the lords, for the Words spoken by the said lord this day at the Free Conference: and that the lords be desired to proceed in justice against the said lord Ha versham, and to inflict such punishment upon the said lord, as so high an offence against the house of commons does deserve."

Ordered, Tirat sir Christ. Musgrave do carry the said Charge and Resolutions to the lords.

royal consort of ever-blessed memory, traiteCously adhering to their majesties enemies, did levy and maintain, within their majesties realm of Ireland, a desperate and bloody War and Rebellion against their majesties; and were, by his majesty's conduct and courage, at the great expence of his English subjects, reduced to their due obedience to the crown of England: -And whereas, upon the 4th day of April 1690, it was resolved, by the Commons of England in parliament assembled, That a Bill should be brought in, to attaint all persons guilty of Rebellion in Ireland, or elsewhere, against their majesties king William and queen Mary, and to enact and declare their estates to be forfeited, and to be sold for the reducing of that kingdom: and whereas his majesty, in his gracious Speech to both houses of parliament, did, upon the 5th of January 1690, assure them, That he would not make any Grant of the Forfe.ted Lands in Ireland, till there should be another opportunity of settling that matter in parliament, in such manner as should be thought most expedient: and whereas the commons of England in parliament assembled, by their

A Message from the Lords.] A Message from the lords by Dr. Newton and Mr. Gery: "Mr. Speaker, The lords having been informed by their Managers, that some interruption happened at the Free Conference, which their lordships are concerned at; bccause they wish that nothing should interrupt the public business, do desire the commons would come again presently to the said Free Conference; which they do not doubt will prove the best expedi-humble Address to his majesty, upon the 4th of ent to prevent the inconvenience of a misunderstanding upon what has past.”

Next day, the 14th, came another Message from the lords, importing,

"That upon occasion of their last Message yesterday, in order to continue a good correspondence between the two houses, their lordships did immediately appoint a Committee to state the matter of the Free-Conference, and also to inspect precedents of what has happened of the like nature; and that the public business may receive no interruption, the time desired by their lordships for renewing the Free Conference being elapsed, their lordships desire a present Free Conference in the Painted-Chamber, upon the subject-matter of the last FreeConference."

March 1692, did humbly beseech his majesty, that, according to the assurance his majesty had been pleased to give thein, no Grant night be made of the Forfeited Estates in Ireland, till there should be an opportunity of settling that matter in parliament, in such manner as should be thought most expedient; to which bis majesty was pleased to give a most gracious answer; whereby, and by many other endeavours of the commons in the following sessions of parliaments, it appears that what has since been declared by act of parliament, was the continued sense of the commous of England, that it was highly reasonable, that the Forfeited Estates of rebels and traitors in Ireland should be applied in ease of his majesty's faithful subjects of the kingdom of England :—And whereVotes thereon.] Upon which the commons as it was the apparent duty of every officer or came to the following Resolution: "That an minister of state, to have had so much regard Answer be returned to the lords, that the com- to the Resolutions and Address of the house of mons are extremely desirous to preserve a good commons, to the public good, and his majesty's correspondence between the two houses, and honour, as to have dissuaded and prevented, as expedite the Trials of the impeached lords; much as in them lay, the procuring or passing but do conceive it is not consistent with the any Grant or Grants of the said Forfeited Eshonour of the commons to renew the Free tates in Ireland; yet Charles, now lord Halifax, Conference, until they have received repara- then the honourable Charles Montagu, esq. betion, by their lordships' doing justice upon Johning a member of the honourable house of com lord Haversham, for the indignity he yesterday offered to the house of commons."

Articles of Impeachment against Charles Lord Halifax June 14. Mr. Bruges carried up the Articles of Impeachment against Charles Lord Halifax; which were read by the Clerk as follow:

"ARTICLES exhibited by the knights, citizens, and burgesses, in parliament assembled, in maintenance of their Impeachment against Charles lord HALIFAX of High Crimes and Misdemeanors.

"Whereas several persous contrary to their

mons, one of the lords of the treasury, chancellor of the exchequer, and one of his majesty's most honourable privy council, hath, since the aforesaid 4th of March 1692, presumed to advise, pass, or direct the passing, a Grant to Thomas Railton, esquire, in trust for himself, of several debts, interest, sum and sums of money amounting in the whole to the sum of 13,000l. or thereabouts, due, owing, and which ought to have accrued to his majesty, by reason of the attainders, outlawries, or other forfeitures of the respective persons for whom the same were entered on record, whereby he bath

much contributed to the contracting great debts | he well knew to be the true interest of Engupon the nation, the laying heavy taxes upon the people, hath highly reflected on his majesty's honour, and failed in the performance of his trust and duty.

land, and contrary to his oath as a privy counsellor, and his duty as a public minister, at a time when the nation was engaged in a tedious and expensive war against France for preserv ing the balance and liberties of Europe, and under such heavy debts as, without laying unsupportable taxes on the people, were impossible to be satisfied) advise, procure, and assent, not only to the passing of divers Grants to others in England and Ireland, but did obtain and accept of several beneficial ones to or in trust for himself; which said practices of him the said lord H. were a most notorious abuse

trust, and a very high vexation and oppression of his majesty's other subjects.

"II. Whereas, by an act of parliament, made in the 11th and 12th years of his majesty's reign, intituled, An Act for granting an aid to his majesty, by sale of the forfeited and other Estates and interests in Ireland, and by a land tax in England, for the several purposes therein inentioned;' it is, amongst other things, enacted, That all and every person or persous whatsoever, who had, by virtue of any Grant or Disposition from his majesty, or from his ma-of his majesty's goodness, a great breach of his jesty and the late queen, received, for his or their own use or benefit, any debt or debts, or sum or sums whatsoever, due from any debt or debts of any forfeiting person, mentioned or described in the said act, or from any person or persons subject or liable to the payment of any sum or sums of money whatsoever to any of the said forfeiting persons, should be, and they are ⚫ hereby declared to be respectively liable, and are required to repay every such debt or debts, sum or sums, of money whatsoever, so by him, her, or them, respectively received, into the receipt of his majesty's exchequer in Ireland, on or before the 24th of August 1700; and whereas the said Charles lord H. had before the making of the aforesaid act, procured for Thomas Railton, esq. in trust for himself, a Grant of several debts, by judgments and otherwise, to several of the said forfeiting persons, amounting to the sum of 13,000l. or thereabouts, forfeited to his majesty, by the attainder, outlawries, or other forfeitures, of the respective persons to whom such debts were originally due; and, by virtue of the said Grant, the said lord Halifax actually received to his own use the sum of 1,000l. part of the beforementioned sum of 13,000, which said sum of 1,000l. he the said Charles lord Halifax ought to have re-paid, before the said 24th Aug. 1700, into the receipt of his majesty's exchequer in Ireland, as by the said act he was required to have done; yet the said Charles lord Halifax did not repay the said sum of 1,000/, as by the said act he was required to do; but has hitherto, in contempt of the act, refused or neglected to re-pay the same; which neglect or refusal of him the said Charles lord Halifax, to repay the said sum of 1,000l. is a manifest wrong to his majesty and the public, and a misapplication of that sum to other uses and purposes than by the act it is appropriated and ought to have been applied.

"III. That the said Charles lord H. being a member of the honourable house of commons, one of the commissioners for executing the of fice of lord treasurer of England, chancellor of the exchequer, and one of his majesty's most honourable privy council, not contented with the many employments and places of honour bestowed upon him by his majesty, nor with the large and excessive gains by him made by the incomes and profits arising from such offices and preferments; did, (in opposition to what

" IV. Whereas, by the common law and by many statutes and ordinances of this realm, it appears to have been the great care of our ancestors, that the king's Forests should be preserved, and in particular the timber therein growing, for the building and repairing the navy royal, which has ever been accounted (as it undoubtedly is) the great security of this realm; and whereas Charles lord Halifax was, in the year of our Lord 1697, one of the commissioners of the Treasury, chancellor of the Exchequer, and one of his majesty's privy council; and obliged, as well by repeated oaths, as by the duty he owed to his majesty and his country, to have advised, consulted, and promoted, such matters and things, as should or at least were most likely to redound to his majesty's honour, and the nation's safety; yet the said Charles lord H. not regarding the laws and ordinances of this realin, nor his said duty to his majesty and the public, but pursuing his private interest, did, by letters of privy seal, bearing date on or about the 6th of May, which was in the year of our Lord 1697, (the kingdom being then engaged in an expensive war, and the debts of the nation requiring the best and most frugal management) procure from his majesty a Grant to Henry Segar, gentleman, in trust for himself, of the sum of 14,000l. of so much scrubbed beech, birch, holly, hazle, thorns, and orle, as should by sale raise the said sum of 14,000l. to be fallen in his majesty's Forest of Dean, in the county of Gloucester, within the space of seven years time, from the 25th of December, 1697; under colour of which Grant, beech of a much greater value, great number of sapling oaks, which might and would have been serviceable to the realm, and also many tons of well-grown. timber, fit for the present use of the navy, have been cut and fallen, and sold and disposed of for the benefit of the said lord Halifax.

"V. Whereas there is not any thing, that so much conduceth to his majesty's and the nation's honour and safety, as the due ordering and management of the king's treasure and the public revenues; for the receiving and issuing forth of which, the wisdom and policy of this nation has provided and appointed several and distinct officers, with beneficial salaries, in

order that they may be a check to each other, tholic majesty should die without issue, they and that no loss may accrue to his majesty or would, with all their force, assist his said Imthe public, by the corruption, unskilfuluess, or perial majesty, or his heirs, in taking the Suc negligence of any particular officer; yet he ession of the Spanisir monarchy, lawfully bethe said Charles lord H. being one of the lords longing to that house, together with its kingof the Treasury, when, by the death of the hon. domus, dominious, and rights, and in their obsir Robert Howard, the office of the auditor of taining and securing the quiet possession therethe receipts and writer of the tallies became of, against the French and their adherents, vacaut, not regarding the ancient constitution who should directly or indirectly oppose that and approved methods in ordering his majes- Succession, and with force repel the force y's Treasury and the public revenues, did which should be brought against them.-That, grant, or procure to be grante 1, to Christopher at the instance of the States General, in pursu Montagu, esquire, the brother of him the said ance of the said Treaty and separate Articles, Charles lord II. and then one of the commis-, our most gracious lord and sovereign his most sioners of the excise, the said place and office excellent majesty king William III. was invited of auditor of the receipts and writer of the tal- to enter into the alliance of the aforesaid lies; which said Grant was so made and pre-Treaty, and into the agreement of the said secured by the said lord H. in trust, as to the parate Articles; and thereupon, for restoring profits thereof, for himself, so that, from and and preserving the public peace and quiet, did, after the passing of the said Grant, he the said afterwards, in the said year of our Lord 1689, lord II. was in effect at the same time one of enter into, and, under the great seal of Engthe commissioners of the Treasury, cifancellor land, accept, approve, and ratify, and in the of the Exchequer, and anditor of the receipts most solemn manner engage and promise reliand writer of the tallies, and enjoyed the pro-giously and inviolably to observe the same, fits of the said several offices, which, by the constitution of the Treasury, are manifestly inconsistent, and never were or ought to be trusted in the same person; the making and procuring of which said Grant, by him the said Charles lord H. as aforesaid, was a manifest violation of the established course and constitution of the Exchequer, a breach of his trust, of evil example, and tended very much to the great loss and prejudice of his majesty and the public, by opening a way to all manner of corrupt practices in the future management of the revenues.

"VI. Whereas a Treaty and Alliance, between Leopold the emperor of Germany and the States General of the United Provinces, was made and concluded, in the year of our Lord 1089, upon the consideration of the greatness of the common danger which then threatened all Christendom, from the excessive power of France, and the unconstant faith of the French in the observance of treaties; whereby it was agreed, that there should be and remain for ever a constant, perpetual, and inviolable friendship and good correspondence between his Imperial majesty and the States General; that each of them should be obliged to promote the other's interest, and, as much as in them lay, prevent all damages and inconveniences to each other.-And whereas certain separate Articles were also at or about that time made, and annext to the aforesaid Treaty, whereby the States General, maturely cousidering that France had openly declared in several courts that, (notwithstanding the most solemn renunciation) they continued their pretension, by force of arms, to assert for the Dauphin the Succession of the Spanish monarchy, in case the king of Spain should die withont issue; and also considering what a blow their state would receive, and what prejudice might happen thereby to the public affairs and quiet; did promise, that, in case his said Ca

without violating the said Treaty or separate Articles in any Article, or suffering the saine, to the utmost of his power, to be violated.That, in 1693, a Treaty was projected, and contrived in France to be set on foot, between Bis majesty, the French king, and the States General, for a Partition of the Spanish monarchy; whereby many large territories thereunto belonging, in case of the decease of the king of Spain without issue, were to be allotted and delivered up to France.— The tenor and design of which last mentioned Treaty, whilst the same was in negotiation, was communicated to the said Charles lord Hi, then one of the commissioners for executing the office of Lord Treasurer, Chaucellor of the Exchequer, and one of his majesty's most hon. Privy Council: That the said Charles lord H. well knowing the most apparent and evil consequences, as well as the, injustice of the said Partition, did not according to the trust and duty of his said several offices, dissuade or en♣ deavour to obstruct its taking effect; but, on the contrary, having neither regard to his mas jesty's honour, engaged by the abovementioned • Treaty with the emperor and the States Geseral, to the 'trade and known interest of these kingdoms, or the peace of Europe, did advise his majesty to enter into the said Treaty; and did so far encourage and promote the same, that the said Treaty was concluded and ratified under the Great Seal of England; which said Treaty was evidently destructive of the trade of this realm, a breach of the former Treaty made with the emperor in 1689, dishonourable to his majesty, highly injurious to the interest of the Protestant Religion, and manifestly tended to disturb the general peace of Europe, by altering the Balance of Power therein, and strengthening France against the good friends and ancient allies of our sovereign lord the king,

"And the said knights, citizens, and burgesses, by protestation, saving to themselves the