DUKE UNIVERSITY LIBRARY FRIENDS OF DUKE UNIVERSITY LIBRARY W. T. Laprade A COMPLEAT and IMPARTIAL HISTORY O F T H E IMPEACHMENTS O F T H E Last Ministry. CONTAINING All the Ankles of Impeachment, and the Anfxvers to the fame at length •, with the whole Proceedings, Debates, and Speeches, in Both Houfes of Par- liament, relating thereto, WITH A Large Introdu&ioii Shewing the R&ajons and Neceflity of thefaid'Impeachmen^, from the Behaviour of the high Church and Jacobite Party, fince his Majeftv's happy Acceflion to the Throne, to the Breaking; ouc of the REBELLION, both in SCOTLAND and ENGLAND, By the Author of the Annals of Queen Anne. The Second Edition. To which is added, the Earl of Strafford's Anfwer to the Articles exhibited aeainft him, never before . publifli'd. fiode, Caper, Vitem, tamenhinc i cumflabis ad Aras% Jn tip <[uod fundi Cornua pojjit, eriu Ovid. London : Printed for John Baker at the Black Boy in Pater-nofter-row, and T. Varnam and J. Osborne at the Oxford- Arms in Lombard-ftreet, MDCQXVL (a>\vJL )s±^ mmmmmmmmkmmmwmMmm Advertifement. Shall not , by a Studied Preface, endeavour to recommend this Book to the Public kj The very Subject. Matter of it, befpeafc the Attention of all True Britons ; and as for the Manner of handling it, all I can fay for my f elf is, That thefe Sheets are written with the fame Candor ^^Impar- tiality which all Unbyafsd, Unprejudiced Readers have found in-mv former Hiftori- cal Collections, and which, without Va- nity be it faicf^ many difinterefied a?id wor- thy Perfons, have not difdaind to ac- knowledge. This Book containing a full Detection of the Meafures and Steps by which the late Mjniftry endeavour d to fet afide the Suqceffion in the moft illuflrious Houfe of A 2 Hanover, Advertifemcnt Hanover, and to betray their native Coun- try to Popery and Slavery, it was once in my Thoughts to dedicate it to fome of thofe great Patriots, by whofe Penetration, Re- folution, Wifdom, rfm/ElocJuence, thofe wicked and impious Counfels have been happily defeated. But having found by Ex- perience, that Dedications to Men in Pow* er, infiead of recommending the Author, bring upon him the Sufpicion of Partiali- ty, / have refified the Temptation. Be- fides, I am apt to flatter my felf, that what 1 have fuffer d, during the Late Adminiftration, fufficiently entitles me to the Protection of the prefent Go- vernment : And if what 1 have done, within my fmall Sphere, to ferve the Hanoverian Cauje {Part of which will ap- pear by fever al Papers annexed to this Boo/£) does not dt ferve fome favours, 1 een de- fpair of ever meriting any, by an Epiftle, m^£.i+wi* ^ BOYER, THE CONTENTS. In the Introduction. Hat happen d at K. George'* Landing at Greenwich , Pag 2 and 3. Dejign of the Late M'miftry to fet ajide the Hanover- Family, 3. King George'.* Impartiality, 4. The Late Earl of Halifax'/ Ambition occasions fome jarring at Court, 5. The Di (contented nppifi t and their Scribblers infolent 6. The Pretender fends over a Mantfefto, 7. The L01 rain- Envoy not admit- ted to an Audience, 1 1 &C Remarkable Proclamation for a Thankfgiving) and against Papifts, 14. Remarkable Faffages in the E. of Strafford V Speech to the States General, 16. The Earl of Strafford'* Pa- pers felled, 17. Addrefs of the Lieutenancy of London f 9 the King, ibid. The Late Mini 'ft ers cabal, 19 • Account of a moft fcandalous Libel, call'dEngliih Advice dec. ibid. Proclamation for calling a New Parliament, 22. Elections for Parliament-men, 24. Inductions given to fever al Members 27. The King's Speech to both Hou\es at the Opening of the Parliament j 33. A 2 Addrejjes The CONTENTS. j&ddreffes of both Houfes, with remarkable Debates there- upon, 3$&feqq. Dijferent Conduft of the Earl of Oxford, and the Lord Bolingbroke, with the Lat- ter s Flight, and other im- portant Vajfages, 43 &feqq. Cory Addrefs of Wigam in Lancafoire, 47. "Counter Addrefs of the Lieu- % t enancy of Middlefex, 48. Proceedings in Parliament pre- vious to the Impeachments, 50 & feqq. Sir William Wyndham'/ Re- flections on the Kings Speech 51. HisCenfure, 53. COMMITTEE of SECRE* CT chofen, 55. Illegal Methods ufed by the Tories to deter the Parlia- ment from proceeding in the Impeachments, 56. And to divide the Whigs in the H. of Commons, 57. And e- even the Royal Family, 58. The Difaffe<$ed endeavour to prepare the People for a Re* bellion, by Riots and Tu- mults, 61. All which (hews the Reafons and Neceffity of impeaching the Last Mmflry, 64. ig^^m^mmmmmmmmmm In the History. P Roc ee dings of, and Debates in the Houfe of Commons, previous to the Reading the RETORT of the COM- MITTEE OF SECRECY, Page 1. The faid REPORT, 3 '& jcqq. as far a§ Page 120. Debate about the Adjourning the Confideration of the faid -Report, 121. The Lord Bolingbroke im- peach'd 0} High Trcafon, 111. As is alfo the Earl of Oxford, 124. Order for examining M\ Prior, and Mr. Harley, ibid. Mr. Prior confined in Clofe Cufiody 125. Various Keports about the D. of Ormond, i2i7*> }19 Addrefs of the Commons a- gainfi Riots and Tumults, 180 The Kings Speech to Both Houfes, June 2Qth,> 1 85. Refolution oj the Commons to ft and by and fupport His Afajefty, 186. With fome remarkable Speeches on that ' Occafidn, 187. Bill to fufpend the Habeas- Corpus-Aft, 186. TENTS. Addrefs of the Lords to M King, 186. And of the Convocation, 187. Refolutions of the Commons on the Supply, 189. Bill to encourage Loyalty in Scotland, 190. Reward of IdOOOO 1. for ap- prehending the Pretender dead or alive, Voted, 190. Full Pay to the Half-p.iyOffi* cers, voted 191. Meafures taken by the Go- vernment for the Security of the Nation, 192 & feqq. Remarkable Tory Addrefs of the Lord Aiayor and Com- mon Council of the City of London, 195. More loyal Addrejfes from the Lieutenancy of London. 197; And of theVniver- fity of ^ Cambridge, 198, And of the DiffentingMi- niftersy 200. The Addrefs from Oxford re- fufed, 202. New Diftur- bances there^ ibid. Readinefs of the States General to afftfi King George, ibid, Proceedings of the Commons : Additional Articles againft the Earl of Qxford, with Debates thereupon, from p. 203 to p. 222. Articles of Impeachment a- gainfi- the Ld* Vifcount Bo- lingbroke, from p. 223 to p. 232. . The D. of OrmondV Flight \ Articles of Impeachment a- gainst The CONTENTS. galnft him *, with Debates thereupon, from p. 233 to P- 2 4°- , . . Biils tojutnmon and attaint the Duke 0/Ormond aud Lord Bolingbroke, 241 and 242. Report of the Committee of Se- crecy relating to Mr. Tho. Harley, 242. Thomas Harley'j prevarica- ting Anfwers, 245. His Commitment to the Gatc- Houfe, r , 247. Articles of Impeachment a- gain ft the Earl of Strafford, withDebates thereupon from p. 248 to p. 264. The Earl of Oxford s Anfwer to the Articles of Impeach- ment againft him, at large, from p. 265 to p. 334. Debate in the Houfe of Com- mons thereupon, 334 et feqq. Replication of the Commons to the Earl of Oxford'* An- fwer , 337* Report of the Committee ofSe* crecy relating to Air Prior, 338. 3B9. The N.imes and Arms of the Duke of Ormond and Fif count Bolingbroke, order d* to be ra^edout, 241. Account of the Beginning of the Rebellion in Scotland \ with the Earl of Mar'j Let- ter to King George •, Decla- ration-, Letter to Jockiej Manifefto, Sec. from Page 241 to p. 352. Conspiracy to feiz^e Edinburgh Caftle, 353. Conspiracy in England dij co- ver d, 354. Several Per- fons apprehended, ib. etfeqq» The Speaker of the Commons Speech to the King, upon pre- fentingthe Alone]/- Bills, 356. The King's Speech to both Houfes at the Clofing of the Seffions, September 21/?, Appendix. THE. Late Queens Letter to the Late Earl of Go- dolphin, with Hps Lordfoip's Anfwer. II. Mr. A. Boyer'j Letter to the Earl of Oxford, Nov. III. French Letter fent by Mr. A. Boyer to the Earl of Oxford, with, the Englilh Translation of it. IV. EXTRACT of a Pri- vate Letter from Paris, dated the $th of Dec. N. S. ' 171 1, fent to the Earl ef Oxford by Mr. A. Boyer. V. Thoughts on the State of Affairs in Great Britain, in the Tear 171 1, laid before the Lord Treafurer by Mr. A. Boyer. VI. Further Thoughts on the fame Sub jeft. THE , THE HISTORY OF THE IMPEACHMENTS OF THE Late MINISTRY. The Introduction Shewing the REASONS and NECESSlTTof thcfaU IMPEACHMENTS, HE Late Miniftry bad fondly fiatter'd them- felves, not only that their Errors, Mifcarria- ges, and Offences, would have been buried in Oblivion , upon K. GEO^tfE'saufpiciousand peaceable Acceftion to the Throne \ but, even, that they fhould have an equril Share,with the reft of their Fellow- fubjevts, in His Maj's Favour: But, to their Dilappointment, they foon found that their Crimes were of too deep aDye, and too flagrant, to be either overLook'd or go a unpuniih'di II unpuninYd •, and that His Majefty was refolv'd to purfuethe conftant Maxim of his Auguit Family, viz. To reward their Friends, do juftice to their Enemies, and fear none but God. It was obferv'd, that the Duke of Ormond, who attended the King at bis Landing at Greenwich (on the 1 8th of September 1714) was not admitted, with fome other Lords, to fee His Majefty in private *, and the next Morning, the Lord Vif- count Townjhend acquainted His Grace, That Hit Majefty had no Occafionfor his Service, in the Quality of Captain Ge- neral. This wap, however, foften'd with a Declaration, That His Majefty would be glad to fee His Grace at Court. But the Duke's high Spirit could not brook lo abrupt a Vifmiffion from his Employments *, and his natural Eafinels gave his Ul-Advi- fers an Opportunity to heighten his Refentment, to an almoft avowed Difaffe&ion to His Majdty's Perfon and Government. The Earl of Oxf*r<£% Difgrace was no lefs apparent : His lordfhip was not at Greenwich on the Saturday the King came afhore, but tho' he was one of the earlieft these the next Sun* day Morning, yet he had the Misfortune to remain undiftin- guifh'd, and difregarded among the Crowd •, and 'twas with mnch ado, he had the Honour to kifs the King's Hand, with- out exchanging a Word with His Majefty. This could not but be a fenfible Mortification to a difcarded Statefman, who (til), to amufe the World, had boafted to his' Acquaintance, That he would be in a* great Favour with King GEORGE, as ever he was with Queen A"NNE. The Lord Chancellor Harcourt, the Lord Trevor^ Mr. Bromley, and feveral other Perfons, met with no better En- tertainment at Greenwich \ and, indeed,, it was unaccounta- ble to Impartial Observers, how fome People had the AtTu- ranee to fhew their Faces at the Court of a Prince, whole Intereft they had notorioufly oppoied, and whole xMinifters they had treated with theutmoit Contempt. As the Lord Vifcount Bolwgbroke had the largeft Share in this Laft Guilty and in fome other Enormous Practices, fo was he, iome Weeks before, * removed from his Of- fice of Secretary of State, with particular iMarks of Difpleafurej Three Lords of. the Regency having taken the Seals from him.' 5 fecured his Papers*, and feal'd up the Doors of his Office. He was fo confeious of his Crimes, that * A '"g> v> Ill that he had not the Courage to (land the Pretence of a Prince, whofe Indignation he had lb julily deferved. On the other Hand, His Majefty's firft Care, after, and even before he ha J fet Foot on Englijh Ground, was to beftow diftinguilhing Marks of Favour, on ftiofe Peripns, who had diftinguifh'd themfelvesby their Z,eal for the common Good of Europe in general, and of their Country in particular \ and by their unihaken Affection to the Succefiion in his Au- guft Family. And as none could come in Competition with the Party, call'd Whig&, upon thole feveral Scores, fo 'tis no wonder 'they had the largeft Share in the good Graces of a grateful decerning Sovereign. The Duke of MARL! ROVGH, after an Eclipjeof near Three Years, which cait a fatal Damp on the whole Confederacy, appear'd at Green- wich with his Proline Luftre z and even brighter from his late undeferved Difgrace •, being iook'd upon (tho' not yet de- clared) as Captain General. The Dukes of Somerfet, Bol- ton, Devonforre, Argyle, St. Albans, Montr oft, Rutland, and Montague \ the Marquis of Dorchcjlcr^ the Earls of Pembroke, Dor fet, Lincoln, Bridgevoater, Manchcfler, Wharton, Nottingham, Sunderland, Cariifle, Berkley, Fort- land, Scarborough, Or ford, Cholmondley, and Hertford; the Lords Cowper, Sommers, ' Halifax, Pelham, Finch, and Lumley; the Bifhop of Salisbury - f General Stanhope, Mr. ( Robert JlValpole, Mr. Lechmere^ and a great many others^ receiv'd alfo particular Marks of Diftinftion and Favour, both from the King and Prince Royal ; and were afterwards, rnoft of them, advanced to thefe Honours and Prefcrments'-whkh their firm Adherence to the Hanoverian Succeiiion, in the Word of Times, had merited. To this Purpofe we mud obferve, that the Late Mmlfters were fo confeious. of their ill Condud, and fofenfible that in cafe the Proteftant Succefiion took place, they could not pofiibly efejape Punishment, that the rnoft Sanguine amongft them refolv'd to confult their Safety by adding to their for- mer Guilt, and by facriflcing their Country to Popery, and Arbitrary Government Tho', perhaps, no Legal Proofs can be produced of their Defigns to fet afide the Hanover Family, and bringing in a Popijb Frenchify d Pretender, yet fcarce any Man of common Underftandipg will call them into queftion, v>ho fhall impartially confider, that, during the Lalt zz 'Jwelye moiH^ IV Twelve-month cf the late Queen's Reign, Men were daily liftedfor^be Pretender'/ Service, both in England and Ireland, with, at leaft, the Connivance of fome Men in Power \ that Perfons notorioufly affected to that Intereft were preferr'd to Civil Employments ; that Military Officers were clofetted, and tampered with tojerve the Queen, without asking Quefiions, as the Phrafe then ran*, and uiat thofe who boggled to anfwer the Queftion in theSenfe it was put to them, were either ab- solutely difmi($'d \ or, which was reckon'd a Favour, order d to fell their Pofts. The King, when yet Elector of Brunf- wick, wanted no Informations of the traiterous Dengns that were hatching to defeat his Succefiion to the Britifh Crown \ and therefore it was but Juftice, Prudence, and Gratitude in His Majefty , upon his Acceffion to the Throne, to remove them from pubjick Employment? and Places near his Royal Perfon and Family, who either knowingly, or through blind Infatuation, had fhew'd their Inclinations to fupport his de- clared Enemies in all their wicked, traiterous Meafures^ and, on the contrary, to advance his undoubted, try'd Friends, to Offices and Places of Truft, Profit, and Ho- nour, However, as 'twas then hoped that there were but few Accomplices in the horrid Conspiracy, fo it had been too fevere to involve the wholzTory Party, in the Guilt andPuniJljment of fome of their flagitious Leaders : And therefore, after having removed fuch Perfons only as were mod fufpedted of DifaffeQion, His Majefty, like a beneficent, indulgent, common Parent, feem'd refolv'd toppprefs all Invidious Dijtin- tlions cf Parties, and to beftow his Favours on ail/ whom their Abilities and Affetxion to his Service, fhould re- commend to his Choice. Upon this Scheme, altho' Sir Thomas Hanmer, Bart, then Speaker of the Houfe of Commons, had, for fome Time, feem'd to ad in Confer t with the Late Managers, yet as he had behav'd himfelf like the Beftof Pa- triots, both in relation to the Treaty of Commerce, and the Hanoverian Succeftion, His Majefty was inclined to reward his Zeal and Affe&ion, and todiitinguifh his Merit : But that Gentleman declined the Offer of the Place of Chancellor of the Exchequer ', as Mr. William Bromley, Late Secretary of State did one of the Tellers, unlefs he could have it for Life \ which would have fet him free from any Engagements to the Court. Lieutenant General Webb, who, out of a / Pique Pique to the Duke of Marlborough^ had gone great Lengths wkh the Late Miniftry, feem'd refolv'd to retrieve his for- mer Errors, by a more Prudent Conduct : For when he was firft ptefented to the King, His Majefty having defired, that he fhould reconcile himfelf to the Duke of Marlborough, he readily obey'd, and paid a Vifit to His Grace, who received him very kindly : By which means, General Webb was conti- nued in his Employments. The Duke of Shrewsbury, preferved alfo his Place of Lord Chamberlain of His Majefty's Houfhold } and fome other Noblemen and Gentlemen, who had Tided with the Church- Party, but were thought to be, ne- verthelefs, well afTefted t-o the prefent Eftablilhment, were either coutinued in, or advanced to Confiderable Polls. But it foon appear'd, that a Coalition of Parties, which had fo of- ten before been unfuccefsfully attempted, was, at this Jun- cture, rendred more difficult than ever, and altogether im practicable, by the Ambition of a Nobleman, who pre- suming too much on his Services to the Uluftrious Houfe of Hanover, afpired to no lefs than the Treafurer's Staff : A Truft which, in the prefent Conjuncture of Affairs, His Ma- jefty was wifer than to place in any one Man's Hands. • TheDivifion and Jarring which early appear'd between fome Great Men at Court, wonderfully raifed the Spirits of the Difaffe&ed : To which Purpofe we muft obferve, that tho' His Majefty's aufpicious Coronation was, on the 20th of Otlober 1714, perform'd with as numerous an Attendance o£ the Nobility, and Gentry, as had ever been known, and ce- lebrated throughout all His Majefty's Dominions with great Rejoicings : Yet, in feveral great Cities and Towns of £«- glands the enraged Jacobites and Makconttnts endeavoured to yaife Commotions among the People, by reviving the thread-bare Clamour of the Church's Danger. Hereupon, the King in Council, thought fit tofign a Proclamation (dated Nov. 2d, 17 14) for the fupprejfmg of Riots, fuggefting, 4 That of Late Years, feveral Riots, Tumults, ink Unlawful c jiffemblics, had been in many Places of this Realm \ and * that there was great Reafon to apprehend, that the fame * were promoted and encouraged by thofe whofe Duty it was c to have prevented and fupprefs'd the fame/ Which was a plain and juft Animadverfion on the Conduft of the Late Managers On VI On the other Hand, the Discontented, prefuming both on their Strength, and the Lenity of a yet tmfcttled Go- vernment, with great Jnduftry caufed fey^ral Scurrilous and Sedition Libels aid Pamphlets to be difp. j rs'd, in order to infofe Jealoufies into the Minds of the weak unthinking Multitude. Hereupon Sir William Humfreys^ Lord Mayor of London, as became a wife, vigilant, and loyal Magiftrate, exerted his Authority -, and caufed the H:va>kers\ who cry'd thofe Libels about the Streets, to be committed to the Houfesof Correction,, as Vagahonds: For which Seasonable Zeal and, Diligence his Lord (hip had ffis Majefty; folemn approbation, in a Letter from the Lord Vifcount Townfljend, (dated Whitehall, Nov 8.) intimating, withal, That his Lord- jhip would do- an acceptable Service in continuing his befi and tnoft effectual Endeavours, towards fupprejfmg entirely fuch infamom and disorderly Prattifes. Purfuant to this Directi- on, the Lord Mayor and Court of Aldermen orde/d Pre- cepts to be rent out, requiring the Conftables and Beadles, to be diligent and careful to apprehend all Offenders, to be dealt with according to Law. A few Days after, (viz*. Nov. i6. 1714.) the King in Council, ail Juitices of the Peace, and other Officers, were alfo order d to put in Execution, with the utmoit. Rigour, the Laws in Force againft Printers, Pubiifhers, and Spreaders of falfe and fcanialoas Libels \ Which Orders werefo well executed, That in a few Days, the City of London was aJmoft entirely rid of the Pefttlcnt Venning of fybel-Cryers, and fcandalous Ballad-Singers. But, yet, the mercenary Pamphleteers of the Jacobite Party vere itill as bold as ever j And, among the reil, an empty, putid Imitator of the Villainous, but humous Authors of the the late Examiner, began, about this Time, to pubiifh a Weekly Paper with the fame Title, but which had no- thing in it, except the Scurrility, and Injoh.ict of the for- mer. The Pretenders Friends and Agents thought this a proper Opportunity both to inflame the Difcontems y and led the Pulfeof the Nation : And accordingly, about the Middle of November, they publinVd in feveral Languages (viz.. En- glijlj, Frencb r and Latin,) and difpers'd with, great lnduftry a the following Declaration : JAMES Vil JAMES, R JAMES the Third, &c. To all Kings, Princes and Potentates, and our Loving Subjeth, Greeting. ( TN fuch an extraordinary and important Con juncture, in L c which not only our Hereditary Right to our Crowns 4 is Co unjuftly violated, but tbelntereft of all the Sovereign 4 Princes of Europe is i'o deeply concerned. We could not be 4 filent without being wanting to Our Self and Them. 4 Every Body knows, that the Revolution in the Year 4 1688 ruined the Englijh Monarchy, and 'laid the Founda- 4 tion of a Republican Government, by devolving the Sovereign fc Power on the People, who ajfernbledthemf elves without any 4 Authority, voted themselves a Parliament, and aflumed a 4 Right- of Depofmg and Electing Kmgs, contrary to the 4 Fundamental Laws of the Land, and the mod exprefs and c folemn Oaths that Chriflians are capable of taking -, and 4 no Body can be ignorant, how unjuftly the King Our 4 Father, of BlelFed Memory, fuffered by this unjujHfiable 4 Revolution.. 4 After his Deroife, his Crowns which the Prince of Orange 4 had ufurp'd, being then rightfully Ours, according to the * Fundamental Laws of the Land, we immediately claimed 4 Our Right to the fame by a Declaration, under Our Great 4 Seal, dated at 'St. Gcrmams the 8th of October 1701*, and 4 'as foon as it pleafeci Divine Providence to enable us to 4 attempt the Recovery thereof, we readily embraced the 4 Occahon, and 'tis fufficiently kn*wn, the Mifcarriages of 4 that Expedition could not be imputed to us. 4 When we found after this, that a Treaty of Peace was 4 upon the Point of being concluded, without any Regard 4 had to Us, We publiihed Our P rot eft at ion, dated at St. c Germairis, the 25th of April ijiz, in the molt lolemn and 4 authennck Manner, Our Circumitances would then allow 4 of, alTerting thereby Our incontestable Right to Our 4 Crowns, and proteiting agairrft whatever might be ilipula- 4 ted in the laid Treaty to Our Prejudice. 4 Tho' we have been obliged Gnce that Time to remove 4 fropn France to a remoter Place, we have itill continued 4 to have Our King 10ms and our People in our View ^ to 4 whom we are convmc d .That God in HisMercy will foon*r 4 or later reft ore Us, notwitManding the Malice and Open 4 Rebellion viii Rebellion of fome, and the forced Compliances of others. We have never ceafed to hope, that God wou'd in Time open Our People's Eyes, and convince them, not only of the notorious Injuitice done to the Crown and Us, but of the dangerous Confequence thereof for Themfelves. It is not Our Intereft alone We are concerned for : Our Na- tural and unalterable Love for Our People is fuch, that as we could not fee, without Grief, their Blood and Treafure lavi(h[d in the laft War, in Oppofitton to Our undoubted Rights fo we cannot now with lefs Sorrow fee them ex 4 - pos'd to be fubjedted to an Arbitrary Power, and become a Prey to Foreigners. 4 Befides that the Elector of Brunjwick is one of the re- moteft Relations We have, and confequently one of the remoteft Pretenders to Our Crowns after Us, 'tis evident, that nothing is more Oppofite to the Maxims of England, in all Refpe&s, than that unjuft Settlement of the Succcf fion upon his Family. He is a Foreigner, a Powerful Prince, and Abfolute in his own Country, where he has never met with the leafi Contradiction from his Subjefts *, he is ignorant of Our Laws, Manners, Cuftoms, and Language, and fup- ported by a good Army of his own People, befides the Af- (iftance which a Neighbouring State is oblig'd to grant him upon Demand, and many Thousands of Aliens refugd in England thefe Thirty Tears paft, who having their Depen- dance wholly upon bim^ will be ready to ft and by him upon all Occafions. € Moreover, what can our Subjects exped but endlefs Wars and Divifions, from fubverting fo Sacred and Funda- mental a Constitution as that of Hereditary Right, which has ftil) prevailed againft all Usurpations, how fuccefsful and for how long Time foever continued : The Govern- ment finding flili no reil till it return'd again to its- true Center? And how can they be ignoraat ofthejuit Pre- tentions of fo many other Princes, that are before the Houfe ot Hanover, whofc Right, after Us, will be as [un- doubted as our own \ and who neither want Will nor Power to affert it in their Turns, and to entail a perpe- tual W 7 ar upon Our Kingdoms, with a Civil War in their own Bowels, which their Divifions will make unavoidable? * From IX * From all which it is plain, our People can never enjoy 1 any lading Peace or Happinefs, till they fettle theSuccei- c fion again in the Right Line, and recal Us, the Immediate c Lawful Heir, and the Only Born Englifhmati now left ot * the Royal Family. c This being certainly the true Intereft of Great Britain, c we had reafon to hope, that a wife People would not have c loft fo natural anOccafion of recalling, us, as they have c lately had, fince they could not but fee by all theSteps we 4 have hitherto made, that we had rather owe our Reft oration c to the Good Will of our People, than involve them in a 1 War, tho 1 never lb juit: Befides, they know, or might 1 have known the reiterated inviolable Aflurances we have gi- £ ven them under our Hand, that whenfoever it fhould pleafe c God to reftore us, we wou'cl make the Laws of the Land £ the Rule of our Government, and grant to our Subjects a c general Indemnity for whatfoever has been done, contrary t to the faid Laws, and all the Security and Satisfaction they c could defire for the Prefervation of their Pveligious Rights, 1 Liberties, and Properties : Yet contrary to our Expectations, c upon the Death of the Princefs our Sifter (of whofe good In- ' tent ions towards us we could not for fome Time pa ft well doubt \ 1 and this vpm the Reafon We then fat ftill r expccling thegoodEf- c feels thereof \ which were unfortunately prevented by her de- 1 plorabk Death) We foun3 7 that our People, inftead of ta? c king this favourable Opportunity of retrieving the Honour 1 and true Interefl of their Country, by doing us and them- c felves Juflice, had immediately proclaimed for their King a c foreign Prince, to our Prejudice, contrary ro the funda- fc mental and incon reliable Laws of Hereditary Right, which c their pretended Acts of Settlement can never abrogate. 4 After this Height of Iojuftice, we then thought our felves L bound in Honour and Duty, and indifpenfibly oblig'd, by 4 what we owe to Our Self, to our Pofterity,and to our Peo- 1 pie, to endeavour to afTert our Right in the- belt manner we * could : Accordingly, upon the fir ft Notice fent Us, We * parted from our ordinary Refidence, in Order to repair to * fome Part of our Dominions, and there to put our felf at 1 the Head of fuch of our loyal Subjects as were difpos'd to * Hand by us, and defend us and themfelves from all foreign ' lnvaiion ; But in our palling through France to theSea- b * coafts, coafts, we were there not only refus'dlill Succour and Af- fiitance, upon account ot the Engagements that King is un- der by the Jate Treaty of Peace, but were even debarr'd PafTdge, and obliged to return back to Larrah c After meeting with fuch (enfible Disappointments on all Sides, the only Comfort left Us is. that we have done oar part, at lea t, to attain our jult Ends, and have nothing npon that Score to reproach oar felf with:, and as oar Caufe is ju ft, we doubt not but God will, in His own due Time, furnii'h us with new Means to (upport it \ and that He will, at kail, touch the Hearts of our / Subjec% wirh a true SenTe of the crying Injuries they have done Us and themfelves, and move them effectually to return to their Duty? 4 We Iikewifc hope, that iWChrifiian Princes and Poten- tates, who are row in Peace together, will rehVd upon the dangerous Example is here given them, and the formida- ble Effects they are threatened with from fuch an un iced Force, as that of England and Hanover \ and that they will ferioufly coniider, whether the exorbitant Power that now accrues to the Houfe of Brunswick, be confift ent with the Ballance of Power they have been, fighting for all this late War ? And therefore we call on them for their Afliitance for the Recovery of our Dominions, which their Interefr, as well as Honour, engages them to grant to us, as far as they are able. 4 In the mean time, in theCircumftances we are in, we have nothing left in our Power to do at prefeut, but to declare to the World, that as our Right is indefeasible^ fo we are refolv'd, with the Help of God, never to depart from it but with our Life : And we here folemnly proteft again, in the itrongeft manner we are capable of, a gainft all Injuftice that has been, or (hail hereafter be done to the Prejudice of us, our lawful Heirs and SuccefTors, refer ving and averting by thele Prefents, under our Great Seal, all our Riaht; Claims, and Pretentions whatfoever, which do and lhati remain in their full Force and Vigour. Declaring that after this/we fhall not think our felf accountable before God or Man, for the pernicious Confequence, which this new Ufurpation of our Crown may draw upon our Subjects and upsn all Chijfendom. Given at our Court at Plom- ' bieres, * bieres, the 2gth Day of Augu/r. 1.7 14, and in the Thirteenth c Tear of our Reign. The Dukes of Marlboxmgb, Argyle, and Shrewsbury, the Earls of Nottingham, and Sunderland, the I ord Vifcount Townjlend, and leveral other Perfons of Diftinftion, having on the 13th of November recciv'd, by the Mail from France, Printed Copies of thefaid Declaration^ they thought it their Duty to deliver the fame into the Hands, either of His Maje* ity, or of the Secretaries of State But, a few Days after, the faii Declaration was publiftYi, wirh Remarks upon it, by Dr. Tyndal, a Perfon of undoubted Affection to the prefent Settlement. The unlucky In fin nation of the late Queen s good hit em ions towards the Pretender, being a high Reflection on the Memo- ry of that Priucefs, who, upon ail Occafions, and in the mod folemn manner, had declared, She had nothing more at Heart than the Succcffon of the Honfe of HANOVER ', moft of the Tories, and even fuch among the Jacobites as were not in the Secret, gave out at firif, that the faid Declaration was fjtori- om, and a meer Contrivance of the Whigs, both to afperfe the Queen and her Miniftry, and to influence the future Elections For Members of Parliament : But it foon manifestly appear 'd that thefaid Piece was genuine, and intended by the Preten- ders Friends, to fpirit up his Party in Great Britain and Ire- land. At this very Juncture, the Marquis de Lamberti, the Duke of Lorrains Miniiier, came over to England, to pay a Com- pliment from his Matter to the Kin^: But it being reafonably fufpeded that the Pretender's Declaration was printed in Lor- rmn\ under the Countenance, if not with the Approbation of that Duke-, the Lord Vifcount Tdwnjhc»d 9 one of His Ma- jetty's Principal Secretaries of State, intimated to the Mar- quis de Lamberti, by the King's Command, ' That it was in- c confident with His Majefty's Honour and Dignity, as well 'as Intereft, to # admit to an Audience the Minitter of a c Prince, who, "at that very Juncture, gave Shelter and Pro- ' tecSion to a Pretender to Hib Ma jelly's Crown, and an open * Enemy to his Dominions/- The Marquis tranfmitteVi the Lord 1 ovon(l)cnd\ Letter to the Duke of Lortain\ and about she Beginning" of December O. S. receiv'd from his Matter b z the the following Letter, dated at Nancy the 6th of December % 3714, N. vS. T Believe, Sir, you no ways doubt of my Joeing extremely fur- ■*- priced to hear by the Courier which came from you, that when you applied to My Lord Town fh end to obtain an Audience, that Mini ft er made anfwer, That fince the Chevalier de St, George remained ftill in my Dominions, the King thought fit to forbid you the Court. In cafe His Majeftyjhould continue in this dif agree. Me Bejolution with refpetl to me, 1 mufti fubmit to his Pleafure, and you have nothing elfi to do but to return hither as foon 06 you are Me. However, you are fir ft to apply to the Duke of Marlborough and to the Kings Mwifters, de firing them to lay before His Majefty the unfortunate Situation lam in, if after having beenfo ready to let the King know the Part I take in his Acceffion to the Crown of England, and after having been one of the fir ft to make my Compliments and (hew my Zeal en this Occafton, all Europe Jljould be acquainted that His Ma- jefty has fome reafon to be difjatisfyd with me : That I cannot conceive whence this Jljould proceed, fince as to the Chevalier de St. George, the World knows by what means he came into this Country : That every one is informed of the Situation of my Ter- ritories, which are furrounded and cut through on all Sides by France : That 'tis known how J had nofloare in his coming into, wy Country \ that I neither invited him to come thither , nor could I force him to go away : That lately upon the Death of Queen Anne, / knew nothing of his leaving Bar till Twelve Hours after he was gone from thence \ and tbmt I knew nothing of bis Return to Bar till after he was come back \ as a Traveller that goes backwards and forwards in an open Country, andintermixt rvith other Territories, as mine is ; That as to the Manifefto or Declaration dated at Plombieres, which the Chevalier tit St* George had got printed, 1 knew nothing 77101c of it, than that he gave me one after it had been publifiied : But that really J am am mud) concerned to hear from you, that it has been reported that the fame Manijeftoes have beenfpread abroad^ by you or by thofe of your Retinue. 1 own to you that I am extremely concern d at this, and that in fome fort itfeems to be a Defign to make me m- eafy, to give out that either I or my Servants meddled in fuch an sljfair. Tbijb XIII Thefe are the Reafons which I have to offer, and which I would have y on defire thole Gentlemen to lay before the King \ in hopes they will convince His Majefty of my mofl refpettftd Adherence to him, and that His Majefty will bcpleafcd to admit yon to an Audience. But if, contrary to my Expedition, the King will not grant yon an Audience, yon are to come away, having de fired the Minifters to let the King know the Concern I am under, and that I hope His Alajefty will pleafe to accept of my g»od In- tentions and the early Care I took tofhew him the inviolable Zeal I have for him. This is all you will have from me^ I am, &C. When the Marquis de Lamberti communicated this Let- ter to the Lord Townfljend, he, at the fame, exprefs'd * his 1 Matter's deep Concern at this unlucky Affair, which ob- c ftru&ed the Friendlhip and good Underftanding he had * (o early fought with his Bntannick Majefty, for whom he 1 ever entertain'd the higheit. Efteem and Veneration. And * he likewife exprefs'd his own particular Concern, and the * great Mortification it was to him, not to be admitted to c a Court, he had fo great a Defire to be made known to/ He was anfwer'd, c That it was not out of any Prejudice to i his Perfon, nor even to the Perfon of his Mafter, for whom 4 the King had a great Efteem', But. that as Affairs flood at c prefent, tho' his Excnfes were, in fome Meafure, allowably ' yet his Majefty was the beft Judge of what was confident * with his own Honour and Dignity \ And as his Majefty, was c likewife fenfible of the Duke's Readinejs to feek and culti- 4 yate a Friendjhip with his Majefty, fo, the King wiftid that * the Caufes which obftrntled the fame y at prefent, might he c fpeedily removed." The Marquis de Lamberti finding by this Anfwer that His Majefty infifted on the Removal, of the Pretender from the Dominions of Lor rain, before he would admit him to Audience, took his Leave of my Ld. Townfaend, and on Monday the 13th ot December, fet out in his return Home. Twas confidently reported, That in Anfwer to thatPart oj the Duke of Lorrain s Letter, wherein he alledges, That his Territories are furrounded and cut through on all Sides by France *, and that he neither invited the Pretender thither nor could he force him to go away ; His Majefty's Mi- iiifter produced to him a Paper tranlmitted hither by Mr. Prior* XIV Prior 1 ) and deliver'd to him by the Marquis delorcy, where- by the mod Chriftian King declared, That he neither did, nor would, in any Manner concern himfdf with the Pretender : "Which, Declaration being dire&ly contra li&ory to the Duke of Lor rains Allegation before-mention'd, it amounts to a Demonft ration, that there Was a State-Juggle^ in this Affair. By this Time, the Treafonable Scheme of fetting afide the Hanoverian SucceiTion, and bringing in a Popijh Pre- tender was fo manifeft, That on the 6th of December, 1714, up0 7 an humble Application from the Arch-Biflwps and Bijhops of England, His Mayfly thought fit to appoint the 20th of January next, for a publick Thanh/giving to Almighty God, for His great Goodnefs in bringing him to a peaceable and quiet Poffeffion of the Throne of Great Britain, and thereby dif appointing the Defigm of the Pretender, and the wicked Contrivances of his Adherents, to defeat His Majefty of His -undoubted Right to the Imperial Crown of this Realm* and to fubvert the Ejlablittid Conftitution in Church an State. At the fame Time, his Majefty figned another Proclamation for Putting the Laws in Execution againft Papilrs and Non- jurors: Which, however, through the Negled of feveral Lukewarm or DifafFe&ed Juftices of the Peace, and other Inferior Magiftrates, was not put in Execution. The In- dulgence of the Government raifed the Spirits of the Jaco- bites to iuch a Degree of Infolence, as to infult His Maje- fty in his own Palace : For on Saturday the nth bf Decern- her 17 14, one James Carnaby, an In(h Papift, formerly a Stage-Player, utter'd thefe Treafonable Words, in the Court a$ it. James's, viz.. That the Pretender, ("whom he called James III.) was the true and lawful King, and that the Elector of Brunfwick had no Title to the Crown. The Soldier who flood Centry at the Colours, having caufed him to be ap- prehended, Colonel Guife, who commanded the Guard, order'd him to be kept under #rrefr, judging him to be either Drunk, or Mad } But, the next Morning, Carnaby perfifting in his traiterous AfTertions, the Colonel made h.is Report to the Secretary of State, by whole Warrant Carnaby was committed to Newgate. As foon as the Glut and Hurry of Pcmeftick Affairs' was; fo^e/what abated^ .and the King found an Interval bo caic XV an Eye Abroad, one of his Majefty's firfl: Cares was tore- cal the Earl of Strafford, one of the mod forward and bold Inftruments of the laft Miniftry, who ftill continued at the Hague, with the Character of Ambaffador Extraordinary \ and Plenipotentiary- The States General having appointed the laft Day of December 1714, N. S. for his publich Au- dience of Leave, he was conducted thither with great Pomp, and his LordiLip made a vSpeech, in which there were fom« very remarkable Strokes. Having told their High Mighti- ness,* That, /r0^ the Firft Day of his Embaffy, he had en- deavour d to confirm them in the Opinion * that afiriB Vnion with the Crown of Great Britain, could not but be very advan- tageous and even neceffary to them'- He adied, their High Alight ineffes, would eafily conceive^ that after about Thirteen Tears employed in Embaffies, having always met with the en- tire Approbation of his Sovereigns, it muff be a great Plea- fure to him, that he could now return Home, and enjoy the pre fem Happinefs of his Country. But that he returned with fo much the more Satisfaction, becaufe he had that of feeing the fuccefsful Iffue of his Negotiations. That, 'twas true, there yet remain d the Signing of the Peace between Spain and Portugal \ as well as the Reconciling the Differences between the Emperor and that Re public k, touching the Barrier : But, in the mean While, he faw with Pleafure, That their State began already to feel the good Effects of the Peace j and that their High Might inejfes were entirely Safe, and free from the Apr prehenfions wherein he found, them upon his Arrival at the Hague, of the Events of a long, a bloody, and a burthenfome War. That as he had always very fine erely wifn'd the Profpe- rity, and Safety of that Republic!*, He could not filently pafs over the Satisfaction he reaped, from the many Opportunities he had, during the 'Courfe of his Negotiations, of giving very effential Proofs thereof, and of having done that Republick very confidcrable Services ; Which was more particularly known to fome worthy Aiembers of that State, who had honour d him with their Fricndjbip, and would not be backward in doing him Juflice upon that Score. Concluding, That he had no- thing more to do, only to thank their High- Might in iffes for the Favour jhey had (hewn bim y during his Stay there ', andho af- fure Them y that he Jhould always retain a very gratefnl Re- membrance of it j and never fail, when he was in his own Country^ XVI Country , as he had ever done elfewhere, to do -all that lay in his Power to cherifti the good harmony and Vnion between the Two Nations. Tho' the States did not entirely agree With bis Lordfhip, as to the Notions he feem'd to enter- tain both of his paft Services to their Republick, and of hie future Intentions and Power to cherilh the Union of the Two Nations, yet the Prefident of the Week return'd him a ve- ry Civil Anfwer. But as foon as his Lordfhip's Speech was made publick, the glaring Strokes of Vanity and Self-conceit contained in it, did not efcape Cenfare \ And when his Lordfhip arrived came to England, he did not meet with that Welcome at Court, which, from his BoaftingSpeech, he feem'd to exped. For tho' he arrived in London on 'Friday the 31ft of December 1714,0.5. yet he was not admitted to wait on the King xr^T Monday the 3d of January^ and was then but coldly receiv'd. Not many Days after, His Majefty having thought fit to have the Earl of Strafford's Papers, relating to his publick Negotiations laid before the Council, and examin'd, the Lord Vifcount Townjhe nd, out of His Majefty's Principal Secretaries of State, was fent to his Houfe to demand the fame. The Earl was extremely furprized with this MefTage :, expostulated with the Lord Townjhend about it ; and refuied to comply with his De- mand, unlefs he had a Special Order from the Council in Writing. Hereupon the Earl of Strafford w T as fummon'd to attend the Council, and after he had been examin'd, His Majefty waspleafed to make the following Order. At the Court at St. James's, the Eleventh Day of January 17 14, Prefent, the Kind's moft Excellent Majesty in Council, * 1' T was this Day thought fit, and' accordingly ordered by His Majefty in Council, 7 hat the Right Hon. Lord Vi [count Townihend, and James Stanhope, FSq\ Principal Secretaries of State, do forthwith repair* to the Right Hon .the EarlSlvvX* ford, and receive from his Lordfiip the Original Inftrutlions and Orders, and all Letters which he has received from any Mini ft er of tht late Queen, or any Foreign Prince or Mini- fier, and Copies of all InftruBions of which he has not the Ori* ginals, and alfo of all Letters writ by him to any Per [on what- soever relating to his Negotiations, from the time of his fir ft being at the Hague, fealed up with his Lordfhip s Seal, and to XV11 tv tranfmit them to the Council Office, to be there faftly kept* and fealcd up by the Lord Prefident's Seal, In cafe the [aid Papers flwuld be too numerous to be now brought away , then they are to be foaled up by the faid Secretaries of State in a- proper Box, till they can be conveniently deliver d to the [aid Secretaries in manner afcrefaid. Chriftopher Mufgrave. Purfbant to this Order the Two Secretaries above men- tion'd went immediately to the Earl of Strafford's Houfe, and receiv'd from him Two Trunks, faid by him to contain what was required. At the fame Time, Orders were fertt for fealing up his Lorddiips Papers that were yet on Ship- Board, or at the Cuftom-Houfe, coming from Holland - 7 Which, being fomewhat unufal, occafion'd much Talk, and various Reflections. Twas alfo confidently reported, That the Duke of Shrewsbury, (who was laid to be perfoually concern d to ilave off all Inquiries into the Conduct of the Jate Miniftry) fpoke againft the feizing of the Earl of Strafford's Papers, as a Proceeding altogether unprecedented, but was over-ruled, and told, That the prefent Cafe was like- wife unprecedented, and absolutely required it. Three Days before (viz., January the 8th) the Lord Mayor, with the reft of the Lieutenancy of the City of- London, introduced by the Lord Vifcount TownOiend, prefented the following Addrefs to His Majefty. To the KING'S moft Excellent Majefty. The humble Addrefs of the Lord Mayor, and the reft of • Your Majefty's Commifiioners of Lieutenancy for your City of London. PErmitus, moft gracious Sovereign, with the profound? fr Humility and Subm'Jfiqn to fay 7 we always thought the Pyefervation of the Trade of the Kingdom, and the Ballance of Power in Europe, to be the main Motives for the late War* A Cauftfo jttft was favoured by Heaven \ and the Arms and Virtue of the Troops of Britain, with thofe of her Confede- rates, prevailed with fitch a Train of unparalleled Succcjjes, that we concluded our felves upon the Point of being Happy to the utmoft of cur IViJJjcs. But when we were juft feizing the Prize of our Conquefls, with Horror, we call to mind, that the Britilh Arms were fur- c prizing xvm prlzingly withdrawn, and our faithful Allies abandoned—" Sad were the Confeqaences that enfued ! The Reputation of the Kingdom mas funk to Contempt, the humble Stile of the Enemy was quite altered, and France from being in a Condition of jaing for a Peace, became the Violator of it to thofe that had Conquered : The People were mocked • with Ajfurances of being Free from the Danger of a Neigh- bouring Fortrefs, and the be(t Branches of their Trade were Exchanged for 'Chimeras. Our Holy Church too was in Danger of being given up to Popery, our Civil Rights to Tyranny, and the way preparing for the Pretender. AH that had been gained by a Prof upon of Blood and Trca- fure, in a glorious and fuccefsful War, was thrown up, and a Free-born People brought within View of Slavery, when the Al* mighty once more inter pofed, by feat in g on the Throne Your Sacred Majefty, His great Vicegerent. We Tour Majefty s mofi Dutiful Subjects can never think of that Providential Period of Time, in which the Kingdom was thus relieved from Dijvrefs, by Tour Majefty 3 s moft happy Ac- ceffion to the Imperial Crown of Great Britain, but our Hearts are full of unutterableTranfportsof Jey. We think our [elves fnatcht from Perdition, and eftablifhed upon a Rock of Security : Credit, (the beft Indication of the People's Satisfaction) jprings up again, and the Spoils and Re- mains of our Commerce and Property, are, we hope, recovering and enlarging. We fee a Proteftant Prince on the Throne, adorn d with high Virtues, and bleffed with a numerous Progeny of Prote- ftant Succeffors, Defenders of the Faith, and the Eftablifhed Church, which isjlanted, and now again fenced in by the Right Hand of God. We cannot forbear, now we are at Tour Majefty s Feet upon this happy Occafwn to tender our hearty Thanks for the Honour conferred upon us by your Royal Commiffion *, and we afture Tour Majefty that the Power entrufted with us, is in the Hands of fuch as were never tainted with any Inclination to the Pre- tender *, fuch as ever had in Detestation thofe who meant III to the Proteftant Succeffion, or the Author of it 7 our other glorious Deliverer King William j fuch as being Lovers of the Church and State, are ready to defend Both with the Arms committed XIX committed to their Charge \ and fitch as devoutly pray, that Tony Afajefty and your Royal Iffue may reign over this Kingdom , and all other Tour Majefty's Dominions, till Time ft) all be no more. To which His Majefty was pleafed to make the following Moft Gracious Anfjver ; I Thank you for this Addrefs, in which yon exprefs fo much Du- ty and Loyalty to me, andfo juft a Concern for the Honour and Jnterefl of your Country. This Addrefs, from fo confiderable a Body, and the King's Anfwer, made a great Noife throughout Great Britain, being generally look'd upon as the Fore runner of IM- PEACHMENTS in the Enfuing Parliament. However, the Late Managers feem'd to recover fre/h Courage, even from their approaching Danger: For the Lord Vifcount Boling- broke being, about this Time, come to Town, feveral Inter- views and Conferences pafs'd between him and the Late Lord Chancellor, the Bifliep of Rochefter, the Duke of Ormond, the E- of Strafford, Mr; Arthur Moore, and (as fome pre- tend) the Earl of Oxford : Wherein, no Doubt, they con= fulted how to weather the impending Storm, But tho' the Chiefs of the Tory Party may be allowed not to have been wholly difpirited, yet fome of them muft be own'd to have been entirely loft to all Prudence, and Policy, in writing, printing, and difperfingaZA/, which contradicted all their Pretences and frofejfions of Loyalty and Affe&ion to King GEORGE, and the prefent Settlement. The Libel I mean was intitled, ENGLISH ADVICE TO THE FREE- HOLDERS OF GREAT BRITAIN •, and feem'd to be the taft Effort of a Defperate SINKING PA RTF, being, in- deed, but a Compound of malicious Slanders, notorious Forge- ries, andTreafonableSnggeftions : So that the Publifhing of it, inftead of ferving their Turn, for whofe Benefit it was in- tended, would undoubtedly have had a quite contrary Ef- fed, at leaft with all Good Men, and nYd an Indelible Odium on thofe very Perfons it was calculated to juftify. However, there being but too many among the unthinking Multitude, who by former Delufions, and a continued Train of Intoxica- tion, were prepared to receive any Infection , aod not a few others, who, for want of proper Means of Information, might have, bcien impoa'd upon by the fallacious Pretences of $ z that XX that Libel *, the Government thought fit to fnpprefs it by the following PROCLAMATION for discovering the Author , Printer, andPubli(hers of amaliciom andtraiteropts Libel, in- titled^ Englijli Advice to the Freeholders of England j and for preventing Riots and Tumults at the enfuing Elections of Members toferve in Parliament* GEORGE, F. Wffereas we have receivd Information, that a moft mali- cious and traiterom Libel, intitled, Englijh Advice to the Freeholders of England, has lately been printed and dif- perfed throughout our Kingdoms with the utmjt Induftry *, ne- verthekfs, by the Care and Vigilance of our Magift rates, great Numbers thereof are intercepted in our City of Exon, fome be- ing directed to Sir John Coriton, Sir Nicholas Morice, Jona- than Elford, Efr, Philip Rafhley, Efq; Francis Scobell, Efq; John Williams, Efq; Mr. Granville Piper, Mr. Welftman, Mr. William Cary, Mr. PrcufTe, Mr. Phil- lips, Mr. Tonkin, Mr. Cunnock Kendall refpetlively, in our Conwy of Cornwall *, others thereof to the Reverend Mr. Shute, t\ie Reverend Mr. Hughes, the Reverend Mr. Collyer, and the Reverend Mr, Bedford refpetlively, in our faid Coun- ty i ond others thereof to the Afoyor of our Borough of Weft- loe in our [aid County \ whereby- as well as from the Contents of the laid Libel, we are convinced that the fame is a wicked Contri- , to the cr d that fuch Authoe or wording to Law : If hub rtfpeclive Rewards XXI Rewards our Commijfi oners for executing the Office of Treasurer of the Exchequer, are hereby directed to pay accordingly. And we do hereby firiclly charge and command all our Magistrates in and throughout our Kingdom of Great Britain, that they do make diligent fear ch on d enquiry after the [aid Author, Printer, or Publijhers j and that they do apprehend andfeiz.e thefaid Per- fons, and all others whom they Jh all find dfperfing thefaid Libel, and give proper Information thereof, jo as thefaid Offenders may be dealt with as the utmoft Rigour of Jufiicc requires. And whereas there is nothing which we fo eamefily defire, as tofetrure the Peace and P^iofperity of our Kingdoms, and to pre- ferve to all our loving Subjects the full Enjoyment of their Right* and Liberties, as well Religious ds Civil, and in a mofi particu- lar manner the Freedom of their Elections of Members toferve in Parliament ', and being finis fied that the fame hath been of late Tears greatly invaded by the Encouragements which have been given toTumults, Riots, and other indirect Practices in the Elections of Members toferve in Parliament i and it beir;g me ft apparent, thatfuch evil-minded Perfons are now fomenting and carrying on the fame dangerous Practices, we do hereby de- clare our higheft Refentment and Difpleafure againft allfuch il- legal Proceedings, ftriclly prohibiting the fame, as being mofi in- jurious to our Government, and to the fundamental Rights of our People. And we do further charge and command all our Sheriffs, JusTices] of the Peace, Chief Magistrates in our Cities, Bo- roughs, and Corporations, and all other our Officers and Magi- strates throughout our Kingdom of Great Britain, that they do, in their fever al and refpeiiive Stations, take the most effectual caretofupprefs and prevent all Riots, Tumults, and other Difor- ders, which fhall be raified or made by any Perfon or Perfons what- foever, at or in the approaching Election of Members to ferve in Parliament, and that they do put the Laws in execution again fi all Offenders in that Behalf. And we do further require and command all and every our Magistrates afore [aid, that they do, from Time to Time, tranfmit to one of our Principal Secretaries of State, due and full Informations of all fuch Perfon s who fii all be found offending, as of or ef aid, or in any Degree aiding or abet- ting therein \it being our Royal Refolution to punifh the fame ac- cording to the utmoft Severity of Law. Given at our Court at St. James's, the nth Day of Jam* ary 1714, in the Firft Year of our Reign. The xxu The fcitrrilous and malicious Reflections caft on the King] and the Royal Family, in the Treasonable Libel mention'd in the foregoing Proclamation, was a plain Indication, That the Concurrence, of fome leading Men among the Tories, in Proclaiming and Inviting over the Proteflant Succeflbr, was more owing to the Neceflity of their Circumftances, and the Confufion they were in, upon the late Queen's fudden Death, than to their Inclination and Affection to the Auguft. Houfe o* Hanover. This is certain,That the kidrmAent Libel, which by many was judg'd to be written by a turbulent, fiery Prelate, was a very improper Means for the Tories to ingratiate themfelves with the King •, and that on the con- trary, it could not but fix the Whigs in His Majefty's Fa- vour. An Inftance of this appear'd, a few Days after, in the following PROCLAMATION, for Calling a New Parlia- ment : GEORGE, R. i TT having pleafed Almighty God, by moft remarkable 1 c Steps of His Providence, to bring us in Safety to the e Crown, of this Kingdom, notwithstanding the Defigns of 1 Evil Men, who fhew'd themfelves DifafTeded to our Suc- * ceffion, and who have fince, with the utmoft Degree of c Malice, mifreprefented our firm Refolution and uniform 1 Endeavours to preferve and defend our mo ft Excellent c Conftitution both in Church and State, and attempted by c many Faife Suggeftions to render Us fu fpefted to our Peo- L pie :, we cannot omit, on this Occafion of firft Summoning c Our Parliament of Great Britain (in Juftice to Our Stives) * and that the Mifcarriages of others may not be imputed * to Us, at a Time when Falfelmpreffionsmay do the greateft c and irrecoverable Hurt before they can be cleared up) to * fignirle to Our whole Kingdom, That we. were Very much * concerned, on our Accefiion to the Crown, to find the * publick Affairs of Our Kingdom under the greateft Dif- ' ficulries, as well in refpeft to our Trade and the Inter- ■ ruption of our Navigation, as of the great Debts of the * Nation, which We were fur prized to obferve, had been c very much encreafed fince the Conclufion of the laft War. c We do not therefore doubt, that if the enfuing Elections, * fhall be made by Our Loving Subjects with, that Safety • and XXtll * and Freedom which by Law they are entitled to, and We * are firmly refolved to maintain to them, they will fend * up to the Parliament the fitteft Perfons to redrefs the pre- c fent Diforders, and to provide for the Peace and Happi- c nefs of Our Kingdoms, and the Eafe of Our People for *• the future, and therein will have a particular Regard to c fuch as fhew'd a Firmnefs to the Proteftam Succeflion, when c it was moft in Danger. We have therefore found it Ne- c cefTary, as well for the Caufes aforefaid, as for other c WeightyConfiderations concerning Us and our Kingdoms, c to call a New Parliament, and we do accordingly declare, c That with the Advice of our Privy Council, we have this c Day given Order to our Chancellor of Great- Brit air?, to c iflue out Writs in due Form for the Calling a New Par- 1 liament-, which Writs are to bear Tefte on Monday the c Seventeenth Day of this Inftant January, and to be Re- c v turnable on Thar/day the Seventeenth Day of March next c following. Given at Our Court at St. James's, the Fifteenth Day of January 17 14, in the Firft Year of Our Reign. This Proclamation, (which fo plainly exprefs'd His Maje- fly's juft Refentment both of the bafe, and traiterous Means, by which the DifafFeded endeavour'd to afperfe his Royal Perfon, and Government, and of the Mi/carriages of the late Miniftry) open'd the Eyes of Abundance of People, who had been deluded by the Artifices of the Tools of Iniquity \ and prepared them to chufe fuch Men to reprefent them in Parliament, as would ftri&ly enquire into thofe Mifcar- riages. On Thurfday, the 20th of January, being the Day appoin- ted for a General Thankfgiving to Almighty GOD, for the King's happy and peaceable Acceffion to the Throne, His Ma- jetty, with their RR. HH. the Prince and Princefs of Wales, attended by the chief Officers of State, Privy Counfellors, others of the Nobility, and fome of the foreign Minift ers, went from St. James's Palace to the Cathedral Church of St. Paul's, where after Divine Service, and the Singing of Te Deum, an excellent Sermon was preach'd by the Right Reverend Dr, Richard Willis Lord Bilhop ofGlocefter. But, XXIV But, the fame Day, a Seditious Sermon was preach'd at St. Andrew's, Holbourn, by a noted Incendiary, who,, at this Juncture, feem'd to be employ'd to raife the fame Spirit of Difcord and Rebellion which occafiondfuch Confufion and Di- sir action in the late Reign. Thofe who heard it, averrd, that the Treacher, inftead of exciting the People to thank God for His Majefty's happy Jccefjion to the Crown, directly reflected upon His Majefty's Adminiftration^ and obliquely on his Royal Per- fon : Nor was he wanting to charge the Court, the City, and Army with Debauchery, ir. fuch a manner as befpoke him to be pojjtfs'd with a Spirit of Calumny and Slander, and not with a true Gofpel Spirit, to reprove, in order to reform, had he been certain of the Matter of Fait. He charged it upon the Mini- ftry as a horrid Crime, that they had advis'd to appoint the Thankfgiving on that Day, when King Charles I. was fir ft brought to his Tryal; than which there can be no greater Proof of the Incendiaries, Madnefs and Folly ; for it can never be fupposd that his Majefty and his Minifters woud appoint a Thankfgiving on that Day with any View to juftify that a legal Tryal which iffned in the Ruin of the Monarchy , For if they had, the 30th of January, which was fo near, had been much more proper; but the Malice of the Faction, made them capable of /training every Thing to a wrong Senfe, in order to inflame the Minds of the People, to alienate their Affections from, the King and his Government, and to promote the Inter eft of the Pretender. The Elections for Parliament-Men drawing on, both Whigs and Tories beftirr'd themfelves, with unuial Applica- tion, Diligence, and Induftry, to get Men of their refpe- dive Interefts and Principles chofen in the City of London, which generally has a great Influence on remote Elections. The Whigs or Court-party, expected to have carried it fdf Sir John Ward, and Sir Thomas Scawen, Aldermen, and Robert Heyfaam, and Peter Godfrey, Efqrs. Commoners and Merchants,without any Oppofition *, but tho the Tories were divided among themfelves as to the Choice of their Candi- dates, yet on the 19th of January, they at laft refolved to fet up Sir William Withers, Sir John Cafs, Sir William •Steuart, and Sir George Mer tins, Knights and Aldermen. The Election being appointed to come on the 24th of Janu- ary, a LETTER to the Livery-men of the City of London, was. was, that Day, difpers'd, which had the defi'rcd Effect : And there was fo great an Appearance of the Ciriz ns for the Four Merchants at Guild- Hall, that they were declared to have the Majority. However, a Poll being demanded for' the Four Tdry Candidates, the fame began that Afternoon, and continued till the 29th of January, when the Four Merchants were declared duely chofen. In the City of Wejrmirfter Ed- Ward Wonky A?ontague,ECq;oi)e of the Lords Commiilioners of the Treafury, having join'd Intereft with Sir Thomas Crofje, Bart, they were both chofen, on the 24th of January, without any Oppofition^ as were in South-mark, John Lade and Fijher Tench, Efq; fo that the firft Elections went undi- fturb'd in Favour of the Whigs, The Tories being enraged at the Progrefs of their Antagonifb, refolv'd to ufe all Methods to put a ftoptoit: And according having got a great Mobb on their vSide at Brentford, where the Election for the County of Middlesex came on the 27th of January, tho(e who came for the Whig Candidates, Sir John Auftirt\ and Henry Barker, Efqy were fo deterr'd by the Jnfults of the rude, unruly Multitude, (who were encouraged and fet on by feveral Clergy Men) that great Numbers of them went away without giving their Votes : By which Means, the High-Church Candidates, ^ viz.. The Honourable Jambs Bertie, and Hugh Smith/on, Efqj had the Majority of Votes. This Sutcefs confirmed the Tories in their fond Hopes, that they would carry inoft, if not all the Elections for the Counties *, but even in in thefe many of the Whigs were cho- fen. Among the reft, William HilUrfdan, E r q-, was elected one of the Knights, for Bedfordshire^ Richard Hampden, Efqj for Bucks ', John Bromley, Efq,for CambridgeQiire \ The Hon. Lwgh im Booth, Efq*, for Chejhirt} Gilfred Law I on, an 1 fames Lowther, Efqrs. for Cumberland \ Jdhn ffedwonh, Efq', for Durham } -Thomas Mid die ton, Efq*, for Effex } Matthew Due te Morton, an IT! jpwas Stephens, E (quires for G lore ft a - Shire\ John Bigg, and Robert Pigot, Efqs. for Himtingtcnjhirc ^ The Hon. Thomas Mildmay Fane, and William Delaitne, Efqs. for Kent^ Thomas de Grey, Efq', and Sir Jacob Aslley, Knt. for Norfolk \ The Earl of Hertford, for Northumholind^ The Lord Finch, and the /ion. John Noel, Efq*, for Rutland Shire 1 The Lord Yifcount Newport, and Sir Robert Corbeti, d Bart. XXVI Bart, for Shropshire -, John Wallop, and George Pitt, Efquires for Southampton ; The Lord Paget and John Ward, Efq^ for Staff or dftiire ', Sir Richard Onflow , Baronet for Starry \ James Boteler, and the Hon. Spencer Compton, Efqrs. for Suffex \ D am el Wilfon , Efqj for Weft m6r eland \ and Thomcx Vernon, E: ^ for Worcefter-lhsre. As to the Towns and Boroughs in England, the Whip had generally a Majority of Two to One *, and in the County of Cornwall, out cf 44 Members 32 of the Court-Party were chofen, which was chiefly owing to the great Intereft and Indefatigable Jnduitry of Huej} Bofcowen,. Efq*, Comptroller of His Ma jetty's Houfhold. Of Sixteen Barons o\W\t Cinqtu Ports, One only avoxodTory was chofen ; And tho' in Wales, the Elections were almoif, equally divided between both Parties,, yet 'tis remarkable, that the Earl of Oxford's lnttreir, which fome Time carried all before it, was now fal!en fo low, that his Son, the Lord Harley, loft it at the Town of Radnor, where his Father, and Anceftors had con (Ian ly been chofen, Time out of Mind. As for the Elections of Scotland, the Majority was ftill greater on the fide of the I Vhigs •, and, in the Main, in Proportion of Seven to One. 'Twas obferv'd that, in fome Places, the Tories ufed extraordinary Methods to fupport their Declining Party, and particularly, that at the Electi- on for the County of Kent, which came on Tuefday the 8th of February, iome Dignify 'd Clergy-men, who vame to vote for Sir Edward KriatcbbulL Bart, and Mr. Hart, againft Mr. Fane and Mr. Delaune, (the Two Whig Candidates) had a CHURCH made of P aft e- Board, carried on a Hop- Pole before them to Picking on- Heath-, But never theiefs the Whigs, who had all Laurels, the Token of factory, in their Hats, carried it, in Ejjetl, by a great Majority. However, this Election was fair and quiet, whereas infe- veral Places the Lifcontented Party ^were very turbulent, and • afTerted their boafted Principles of Nonrefi/Unce and PaJJive Obedience, by Tumults and R>ots: At the Election for the County of Leicester, a Mob appear'd for Sir Jeffrey Palmer^ and Sir Thomas Cave, the two Tory Candidates, and abufed and wounded feveral Friends of Thomas Bird and George * Aftiby, Efq j who were fet up by the WelJ-wifliers to the pre- fent happy Eftablilhment^ becaufe they generoully refufed the Bribe* that were, offer'd them to vote the other Way. Moreover , XXVll Moreover, the Under- flierif] was aflfaulted i had part of his Cloaths burnt •, was threaten'd to be ftabb'd, if he did not make a Return for the Two Knights, before the Poll was half ended •, and, with great Difficulty, eicaped with his Life. The like tumultuous and unwarrantable Practices were ufed at feveral other Elections, particularly at Cambridge, Banbu* ry y Pomefraclj Adinehead^ Sbajhbwy, Hertford, &c All which were varnihYd over with the fpecious Pretence of Zeal for the Churc! . On the other hand, the Electors, in feveral Places, drew up DirecJions or InslruElions for their Representatives in Par- liamem. Thofe which were given by the Gentlemen and Freeholders of Buckinghamflrire % to John Fleetwood and Rich- ard Hampden, Efquires, who on the Second of February were chofen without Oppofition, are as follows : GENTLEMEN, C A S we have now repofed a very great Trufi: in you by /"Y c our unanimous Choice of you, toreprefent us in * Parliament at this extraordinary Juncture, it is but reafona- 1 ble that you Jhould know our Sentiments, and what it is we 4 expect from you. *" We cannot but obferve to you, that when the late Trea- * ty of Peace was fet on foot, we were in very flourishing * Circumftances j we bad been blefTed by an uninterupted 1 Courfeof Succefs : Every Campaign yielded us new Vi&o- c ries, and added new FortrefTes to the Barrier of our Al- c lies j 'our Enemy was quite difpirited, and durft not look * our Troops in the Face : We had taken moft of his ftrong •Holds, and wcrejuft entring into the Heart of his Coun- c try : We promis'd our felves that the next Campaign would * reduce him to beg Peace on any Terms, and would finifh the * War with Safety and Glory to us and our Allies: There * was nothing requifite to the Honour and Intereftof Great ■ Britain, but might have been expected from a Treaty com^ 4 menced with fuch a Superiority of good Fortune on our * Side. c But inftead of this, the Peace was no fooner finiuYd, and € produe'd, but we found our felves in Worfe Circumliances \ than at the Beginning of the War : We faw Spain and the * IVesr-Indtes (the very Prize we were contending for) dek- cj 2 ' ver'd xxviti c ver'd up to a French Prince : The ftrong Towns we had won with much Blooi and Treafure, given back to France \ our c Allies molt perfiiiouflyabandon'd and betray'd ; the grand c Alliance utterly disjointed ; and our Trade in great meafure ' ruin'd, and given away to our Enemies: The French King * took upon him to treat us juit as if he had been the. Conque- * ror, and we fubmitted, as if we had been conquer'd :The c Pretender conceiv'd new Hopes, inlifted great Numbers of * Irijh Fdp'fts, and would, probably, e're this time, have in- * vaded us, had it not pleafed Almighty God to difappoint him. c by eftabliflnng the Elector of Bmnfnick on the Throne of * Great Britain. c We do therefore, in the fir ft place, expeft that you will c enquire, how our Affairs came to take this fudden and unhap- ' py Turn : And if, upon Examination, you (hall find that our fc late gracious Queen was deceiv'd ani abus'd by her Mini- * fters, and the Nation betray'd and fold, we exped that you 4 will do all that in you lies to bring the Offenders to Juflice \ c that fo the Honour of Great Britain may be repair*d, and * that wicked Minifters may hereafrer be deterr'd by fuch Ex- * amples, from facrificing their Country to their Avarice and 'Ambition. * We do, in the next place, recommend to your Examina- tion the Affair of Dunkirk. The Demolition of that For- *tre(s and Harbour was propounded as the great Allurement * to the Peace, but now we find our felves deceiv'd in that j * forafmuch as we are affured that a New Dnnkirk is rifen ouc 'of the Ruins of the Old •, and that Mardyke (which is a %Mik and a Half diftant from it) is by immenfe Coft, made < a Port altogether as dangerous to our Trade and Navigation * as Dunkirk was. If the Managers of the late Peace did not 4 fore fee this, they were very Weafc and Unskilful Statef- * men ^ but if they did, they were very treacherous to their * Country, in not providing againft it in the Treaty j and in 4 that Cafe we hope you will take cognizance of it x We likewife defire you to enquire into the Application of t the Publick Money lmce the Cellation of Arms. We arc *• informed, that Greater Sums have been given in Two Paci- c tick Years, than were gi 'en in any Two of the moil fuccefs- c ful Years of the War j and that notwithstanding this, the r Debts of the Nation are not ciiminthed. ^ ,J - 'In XX15C * In the laft place, weearneftly irrpot tune you toconfider c of, 'and provide forae Severer Law tor preventing the great 4 Expenceand Corruption in electing Members of Parliament. c This is every Day growing to that Excels, that thofe honeft 4 Gentlemen who are beft qualify d toreprefent us, wiU foon 4 grow* weary of the Burthen, and decline (landing. Ele- * Sions are now become' metr Markets, where theHigheft * Bidder is fure to carry it. Jf fome Mop be not put to this * wicked and mercenary Practice, it muit. end in the Ruin of c our Conftitution ', for they that buy us, will not fail, one 4 time or other, to fell us. c By your Care and Diligence in thefe Enquiries, you will 1 difcharge the Duty you owe to us whom you represent, and * will delerve well of your Country. The Inslruttiom given by the Citizens of London to their Reprefentatives for the enfuing Parliament , and fubferibed by many thoufanci Hands, are as follows : < TX 7 E the Citizens of London, who have cheerfully ele- V V 4 dedyou to reprefent us in Parliament, and there- *by committed to your Truft the Safety, Liberty, Property, 4 and Privileges, of us and our Pofterity, think it our Duty, c as it is our undoubted Right to acquaint you, what we de- 4 fire and exped: from you, in Difcharge ot the great Confi- 4 dence we repofe in you, and what we take to be your Duty, 4 as our Reprefentatives. 4 1. We defire and expect, tr#t you will enquire by wfeofe' * Counfels it was, that after God had blefTed the Arms of Her « late Majefty and her Allies with a Train of unparallel'd Suc- ' cefTes, Ihe was prevailed upon, contrary to the grand AUi- f ance, and her repeated Promifes from the Throne to Both 4 Houfes, to fend to, or receive Managers from France, to * treat feparately of a Peace, without the Knowledge or ' Confent of our Allies, 2. By whofe Advice the Emperor's Minifter, the Count de 4 GalUi r , wasdifcharg'd the Court, for relenting and oppofing * thofe feparate Negotiations, contrary not only to the grand 4 Alliance, but to the Queen's particular AfTurances to his 4 Mafter. »* 4 3. By whofe Advice the Whig M'mifiry arid Parliament, \ and the Duke of Marlborough^ were turned off, contrary to 4 the XXX 4 the Aflurances whichHer Majefty had given to her Allies, as c well as to fome of the chief Citizens of London, Directors 4 of the Bank of England, &c, who honeftly told Her Ma- c jefty, that it would fink the publick Credit, as it actually •"did. . c 4. By whofe Advice His Majefty's Memorial, deliver'd by 4 his Minifter the Baron de Bothmcr, againftthofeclandeftine * and feparate Negotiations, was difregarded, and the faid * Minifter affronted. * c 5. By whofe Advice and Management oyr Confederates * were condemned without a Hearing, and their Memorials 1 on that Account, difregarded. '6. By whofe Advice and Management Her Majefty was 4 prevailed upon to come to a O: nation of Arms with our * common Enemy, and then fo furprizingly to withdraw our 4 Troops from thofe of the Allies, which was attended with * fuch difmal Confequences. ' 7. By whofe AcMce and Management all that we had 4 gained by a Profofion of Blood and Treafure, in a glorious 4 and fuccefsful War, was thrown up, juft as we were feizing c the Prize of our "Cbnqueft ^ and a free born People brought c within the View of Slavery. c 8. By whofe Advice and Management our Conftitution 4 was (truck at, by creating Twelve new Lords at once, to ' carry a Vote in the Upper Houfe. c 9, By whofe Advice it was, that the Treaty with the * Dutch for fettling our common Barrier in the Netherlands, 4 and making them Guarantees for the P rot eft am Succeffion, * was enervated, and a new Treaty, which weaken'd both * Securities, made in itsTlace. c 10. By whofe Advice and Management we were mocked c with Aflurances of being free from Danger of the neigh- c bouringFortrefsof Dunkirk 1 and whether the Late Mini- 4 frry, or any of them, did agree that the French King fhould 4 make a New Harbour at Mardyke, as Part of the Equivalent 4 for deoiolifhing the Fortifications and Harbour of Dunkirk. c 11. By whofe. Advice and Management thebeft Branches ' c of our Trade wereexebang'd for Chimera's, and the Ruin 4 of the whole endanger'd by a vile Treaty of Commerce 4 With France. 4 12 How the Expedition to-Catted* came to miicarry i 'and by whole Advice Her Majefty, contrary to her Procla- XXXI mations pablifhcd in New England, &c. for encouraging that Expedition, came to allow the French to keep their In- tereil in Canada, to fcJl that in Newfoundland^ and to fettle on Cape Breton, to the great Detriment of our Fifhing- Trade, and 10 the manifcft Danger of all our Plantations in North America. c 13. By whole Advice it was that the Confederates were refus'd to be invited to be Guarantees td the Protejiant Suc- cefiion, though Her Majefty had promis'd it in her Anfwer to the Addrefsof Both Houies, in 1708. c 14. By whofe Advice it was that His now Royal High- nefs, GEORGE^ Prince of Wales, was deny d the Liberty to come, and take his Place in Parliament, when the Pre- fence of One of the Illuftrious Family of Hanover was fo abfolutely necelTary to quiet the Minds of the People, and t6 fecure t^s from the jui't Apprehenfjons we had of Danger from the Pretender. * 15. By whofe Advice it was, that His Majefty's Mini- fter, Baron Schmz., was difcharg'd the Court, becaufe he demanded the Writ. fc 16. By whofe Advice Sir Patrick Lawlefs, the Preten- der's Agent or Envoy, was entertain'd at Court, at the fan e Time, and honourably convey'd beyond Sea, foon after; it was complaind of in Parliament. ' 17. By whole Advifeand Management our Holy Church was in Danger of being given up to Popery, our Civil Rights to Tyranny, and the Way prepared for the Pre- tender. '18. By whofe Advice the Jacobite Clans in Scotland, were arm'u and kept in pay, and that the Levies of Men for the Pretender in Great Britain and Ireland were fo long con- niv'd at ? 1 29 By whofe Mifmauagernent it was, that the publick Affairs of the Kingdom are brought under the ^reate/l Difficulties, as weii in reljped to our Trade, ana the In- terruption of Navigation, as of the great Debts of the Nation, which have been much increased fince the laft War,, as His Majeit y has been gracioufly pleafed to inform us, in his Proclamation for calling a New Parliament. ' 20. We alio defire and expeel that you concur in de- J manding an Account, how the Money rais'd by Parliament, " has xxxu 4 has been expended fmce the Change of the Minifrry, 4 1710. 4 si. That you not only concur in fuch Enquiries, but alfo 4 in a Parliamentary Way, to bring fuch to Juitice as fhall be 4 found guilty of thefe Mismanagements *, this being a Duty 4 owing to our felves as well as our Confederates, and indif- * penfably necetfary for retrieving the Honour of the Nation, * and reitoring a due Confidence and Harmony amongft all 4 the Allies. * * 22 That you concur in making fuch Laws as (hall be * thought further necefTary to fecure His Majefty'sPolTeflion, * and the Succeffion of his Royal Posterity, againfi: all Pre- 1 tenders, and fuch Maxims and Doctrines as have been ad- c vanc'd by ahy of our Clergy, or others, for fupporting the c pretended Claim, or inaefeafible Hereditary Right. '23* That you concur in making fuch Law* as fhall be * thought neceffary for the further Security of the Churches * of England and Scotland, as they are feverally by Law efta- 4 bliuYdj and for fupprefling thofe groundlels and teditious 4 Clamours of the Church of England'^ being in Danger under * His Majefty's Adminiil ration. 4 24 That you concur in giving the King fuch Aids, as (halt 4 be thought necellary (or enabling His Majefty to defend the * Nation, to fupport and retrieve our Trade, and to keep the 4 Ballance of Europe, which is threaten'd with a new War > 1 by the Intrigues of the Common Enemy. 1 25. And laftly, We defire and expcd that you concur in * fuch Laws as ihail be thought necellary for uniting His Maje- 4 fly's 1 rot eft am Subjects, and particularly for making the 4 Toleration allow'd to rroteftam Diffemers inviolable, and to 4 eafe them oftheHirdfhipsthey have been brought under by * Men of Arbitrary Principles and Reftlefs Pafiions, becaule 4 of their firm Adherence to the Civil Liberties of the Nation, c and efpecially to the rrotejfant Succeflion when it was molt 4 in Danger. Thefe lnftritftions, for an Enquiry into the pernicious Con- date of the Late Miniftry, appear'd foon after to be the col- letlive Senfe of the Commons of Great Britain. On Thurp day The 17th of March, the Parliament met at [ tlicable in the most Valuable Branches of it, and of the 111 Effects that must have upon our Manufactures and Navi- gation : But Tour Majesty may be affjurd, nothing (l)all bs wanting on our part that may any way conduce to the Re- trieving it. Thefe and other Difficulties Tour Ma]esly hath met with on Tour Acceffion to the Crown (and which we mnst obferve, in Justice to Tour Wifdom and Fore fight, would have been Pre* vmed, had Tour Opinion been followed) we mast confefs are % Z very XXXV I veiy Greit and Difc our aging ', however we do not dopbt, I that Tour Majesty, Affiled by this Parliament, Zealous for Tour Government, and the Safety and Honour of their Country , way be able to tale J neb further Meafures, as will fe cure what is due to m by Treaties, eaje our Debts, preferve the Publick Credit, restore our Trade, c.xtingviJJi the very Hopes of the Pretender, and recover the Reputation of this Kingdom in Foreign Farts , the Lofs of which, we hope to convince the World by cur Actions , is by no means to be i?nputed to the Na- tion in general. And thefe good Ends can-not fail of being obtain d, by Tour Majesty's purfuing with Steadmefs, as Ton have begun, the true Intereft of this your Obedient and Affectionate People , And Tour Adajejty may, by God's Bleffing, depend, that in Conjunction with fo Loyal a Parliament, Tqu will be able to lay foundations that can never ^e moved, not only of the Security and Glory, but even of ' the Eafe and Tranquility of Tour Go- vernment, and that of Tour'Majefiys Pofierity, for which we offer up our mo ft ardent Prayers, that it may for ever continue to Reign after Tour Afajefly on the Throne of thefe Kingdoms, and in Hearts of a People truly Happy, and fully Senfible of their being fo. After the Reading of this Addrefs there arofe a great De- bate in the Houle, chiefly about thefe Expreftions, And re- cover the Reputation of this Kingdom in Foreign Parts \ the JLofs of which, we hope to convince the World by our Actions, is by no means to be imputed to the Nation in general. The Lord Ttrvor, the Lord Vifcount Bolingbroke, the Earl of Strafford, the Dukes o\ Buckingham and Shrewsbury, the Earl of Anglefey, the Arch Bifhopof Tork, the Bishops of London and Bfiftol, and fome other Peers, excepted againft that Ciaufe, alledging, among other Things, c That the fame * was injurious to the late Queen's iMemory and even clafhirig * with that. Part of His Majefty's Speech, which recommend- * ed to Both Houfcs, the Avoiding all unhappy Divijions of 4 Parties." The Lord Bolingbroke, in particular, made a long Speech, wherein he exprefs d the hear tiett and deepeft Con- cern for the Memory of the late Queen, his mod Excellent Miftrefs, which, he (aid, he would c do all in his Power to c vindicate. That he had the Honour to be one of Her * Servants, and if he had done any Thing amifs, he would 'b.e xxxvii * be contented to be punifh'd for it *, But that he thought 1 it very hard to be cenfured and cond^mn'd without being * heard." His Lord (hip took this Occafion to fay a great Deal in Praifeofthe King, c That his Majefty had feveral ft Times exprefs'd a great Refpect and Tendernefs for the ' late Queen's Memory *, and was a Prince of fo great Wif- * dom, Equity and Juftice, that, he was fure, His Majefty * would not condemn any Man, without hearing what he * had to fay for himfelf •, That fo Augaft an AfTembly ought c to imitate fo great a Pattern : " And upon thefe,and other, Reafons, His Lord (hip moved that the Words recover ^c. might be foften'd into thofe of maintain the Reputation of this Kingdom \ and that the reft of the Paragraph might be left out. The Earl of Strafford alfo excepted againft that Claufe, urging among other Reafons, that the fame c would 4 expofe the Honour of the Nation Abroad, which, he c was fure, had fufTer'd no Diminution during his*Negoti- c ations. The Duke of Shrewsbury faid in particular, c That 4 the Houfe of Peers ought, on all Occafions, to be moil: ten- c der, of the Honour and Dignity of the Crown, from which c they derive their own Honour and Luftre j That when 4 the like Claufe was inferted in an Addrefc of the Houfe 4 of Commons to the late Queen, upon the Death of King 4 William, he had exprefs'd to feveral Members of that 4 Houfe his Diflike of it, becaufe it reflected on the Memo- 4 ry of. that Prince -, and, for the fame Reafon, he was now * againft the faid Claufe." Thefe, and other Arguments urg'd on that Side, were anfwer'd, by the Marquis of Whar- ton^ the Lord Chancellor, the Earl of Nottingham, and hk Brother the Earl of Ailesford, the Duke of Devonfhirc, and (ome other Peers, who exprefs'd all the Refpeft and Reve- rence for the late Queen's Memory \ rightly diftinguiih'd between Her^ and Her Miniftry \ and fupported the Claufe in Queftion by Arguments drawn from the M if managements of the latter, hinted at in His Majefty's Speech. My Lord Chancellor, in particular, confuted the Objections raifed by the Lord Bolingbroke^ and, among other Things, faid, c They c did not condemn any partfcular Perfon, but only the * Peace in general, becaufe they felt the 111 Confequences of 4 it *, Tbatthey who adviied and made fuch a Peace, deferv'cL 4 indeed, to be cenfured, but that the Words in the Addrete 1 being XXXV111 'being general, no Private Perfon was affected by them: c And that the Alteration of the Word Recover into that of c Maintain, would fignify no more towards the J unification 1 of the Guilty, than the Word Recover towards the Con- c Herniation of the Innocent.. Upon the whole Matter, the Qu eft ion being put whether the Addrefs fhould be recom- mitted or no -, the Negative carry'd it by a Majority of Sis;- ry Six Voices againft Thirty Three. The next Day (March 23) the Houfe of Lords, in a Body, prefented their Ad- drefs to the King, who return'd the following Anfwer : c My Lords, C T Thank you heartily for this Addrefs : Your Duty and 1 'Loyalty to me can never be better exprefs'd, than by * fhewing a juft Concern for the Reputation and Intereft of k the Nation, fince 1 have no other Thought or View, but to * promote the Profperity and Happinefs of my People. The vSpeaker of the Houfe of Commons having, che fame Day (March 23O reported His Majefty's Speech, Robert Walpok, Efqj flood up, and made a very eloquent Speech, in which he fet forth in lively Colours, the great Happinefs of thefe Nations by His Majefty's feafonable Accefiion to the Crown •, ran through the Mifmanagements of the Four Laft Preceding Years j and concluded with a Motion for an Ad- arefs of Thanks to the King, conformable to the feveral Heads of His Majefty's Speech. He was feconded by the Lord Inchingbroke ; and none but Sir William Whitlocke ha- ying raifed any Objection againft xvlr. Wdpole's Motion, it vtasrefolv'd, That the faid Addrefs be prefented to His Ma- Jefty. The next Day (March 24 ) Mr. Walpole, Chairman of the Committee, appointed to draw it up, reported the fame to the Houfe, as follows: Mofi' Gracious Sovereign, YOUR Majefty's moft dutiful and loyal Subjects, the Commons of Great Britain in Parliament afTembled, return Your Majefty their unfeigned Thanks for your moft gracious Speech from the Throne. Tis with inexprefiible Joy, that we approach Your Maje- fty, peaceably feated upon the Throne of your Royal Ance- ftorsi and being thoroughly fenfible of the many c-cn and fie- ■ XX XIX tret Practices that have of late Tears been ufed to defeat the Proteftant Succeffion, we cannot fufrlciently adore the Divine Providence, that Co feafonably interpofed and faved this Na- tion by Your Majeftys happy Acceflion to the Crown. Your faithful Commons receive, with the higheft Grati- tude, your moft gracious AiTurances,' that the Eftablifhed Conftitution in Church and State fhaJI be the Rule of yout Government ^ and the Safety, Eafe ? and Profperity of your People, the chief Care of your Life. We are fenfible of your Goodnefs exprefled to thofe who have di[tingui(hed themfelves by their Zeal and Firmnefs for the Proteftant Suc- ceffion : And as we doubt not but the Wifiom and Steddinefe of your Government will unite the Hearts of all your faith- ful Subjects in Duty ani AfTe&ion to your Sacred Perfon, fo we moft humbly beg Leave to afRire Your Majefty, that we not only highly refent the wicked Infinuations ufed to difquiet •the Minds of your Subjects, but arereiolved, to theutmofl: of our Power, to fupprefs and extinguilh that evil Difpofition that is full at work to deprive Your Majefty of the Affections of your People. We are fenfibly touched, not only with the Difappoint- ment,but with the Reproach brought upon the Nation by the unfuitable Conclufion of a War, which wascarry'd on at io vaftan Expence,and was attended with fuch unparaiell'd Suc- cefles : But as that Difhonour cannot in Juftice be imputed to the whole Nation, fo we firmly hope and believe, Th3C thro* Your Majefty's great Wifdom, and the faithml Endea- vours of your Commons, the Reputation of theie your King- doms will in Due Time be vindicated and reftored. We are under Aftonilhment Co find, that any Conditions o'i the late Peace , ejjemial to the Security and Trade of Great 8ri* tain, lhould not yet be duely executed ^ani that Care was pot taken to form J ucb Alliances, as might have rendet'd that Peace hot precarious. And as no Care lhall be wanting in your loy- al Commons to enquire into thefe fatal Mifcarriages, fo we en- tirely rely on Your Majefty's Wifdom to enter into [itch Al- liances as you lhall judge necefTary to preierve the Peace of Europe \ and we faithfully promife to enable Your Majeily to make good all fuch Engagements. It is with juft Refentment we obferve, that the Pretender ftill re fides *>zLorrain, and tha|; he has* the Preemption, by Declarations xi Declarations from thence, to Mir up Your Majefty's Subjects to Rebellion: But that which raifes the utmoft Indignation of your Commons is, that it appears therein, that his Hopes were built upon theMeafures that had been taken for fome Time paft in Great Britain. It fhali be our Bafmefs to trace out thofe Meafures whereon he placed his Hopes, and to bring the Authors of them to condign Punifhment. Your Commons are under the deepen: Concern, that a great Part of our Trade is render d impracticable, which, if not retrieved, muft deftroyour Manufactures, and ruin our Navigation. But though, we are too fenfibleof thofe fatal Confequences, we are not yet without Hopes, that Your Ma- jelly's great Wifdom, by the Aftiftance of your Commons, may find Means to extricate your People from their prefent Difficulties. The Blefiings derived to thefe Nations from Your Majefty's aufpicious Reign, are not confined to the prefent Times •, we have a Profped: of future and laiting Happinefs entailed upon your People, by a long Succeflion of your Royal Progeny. And as this is a Bleffing which thefe Kingdoms have a long Time wanted, fo they could never hope to have feen it fo well fupply'd, as in the Perfonof His Royal Highnefs the Prince of Wales, and His IfTue. Your faithful Commons fhali thereforethink it their Duty to enable Your Majefty tofuppon the Dignity of the Crown, and to make an honourable Provision for the Pvoya^l Family. The furpnzing Encreafeof the Public\ Debts, even fine e all Thoughts of carrying on the War were laid afide, (hall not difcourage us from granting fuch Supplies as fhali be neceffary for the Service of this Year, and for the Support of Publick Faith : And we do entirely concur with Your Majefty in Opi- nion, that nothing can contribute more towards preferving the Credit of the Nation, than a ftrict Obfervanceof all Par- liamentary Engagements, which we are firmly refolved, upon all Occasions, inviolably to maintain. Upon the Reading this Addrefs there arofe a warm Debate in the Houfe. Mr. Shippen, Mr. Bromley, Sir William wyndham, Mr. Ccefar, Mr. Ward, Sir Robert Raymond, Sir William whitlocke, and fome others, raifed feveral Objections againft divers Exprefiions in the Addrefs : But were folidly anfwer'd by Mr. (Robert J Walpole, General Stanhope, Sir Gilbert xli ^Gilbert Heathcote, and Mr. Tultcmy. General KvJL&mang , the reft, infilled much on the threadbare Topick, "That the * condemning the Peace, and cenfuring the Late Miniftry, 4 was a Reflection on thelateQuee'n, whofe Ad: and Deed the 4 Peace was j and that he was fare the reflecting on the late 4 Queen could nor be agreeable to His prefent Ma jetty.' He wasanfwer'd by Mr. iValpole and Mr. Stank ope % v That no- * thing was farther from their Intentions than to a r perfc the * late Queen j that they rather defign'd to vindicate her Me- * mory, by expofmg and punifhing thofe Evil tokftfciUrs who t deluded her into Pernicious Measures : Whereas the Op- * pofite Party endeavour'd to fcreen and juftify thofe Coanjel- 1 lors, by throwing on that £ood, pious, and well-meaning " Princels, all the Blame &\\&Odinm of their m/Counfels. As to what wasalledg'd, that the ceniuring the Late Mini- iters, without hearing them, and condemning the Peace, without examining into Particulars,, was unjuft and unprece- dented, it was anfwer'd, 4 That they mutt diftinguilh bc- 4 tween cenfuring Ministers and condemning the Peace in$jnt* 4 ral, and condemning particular Perfons. That they might, 4 in Equity and Juftice, do the Firft, becaufe the whole Na- 4 tion was already fenfible, that their^Honour and true Inte- 4 reft wtre given up by the late Peace : That, in due Time, * they would call them to an Account who made and advifed 4 - fuch a Peace*, but, God forbid, they fhould ever condemn * any Perfon unheard.' On this Occafion General Stanhope took notice ot a Report induftrioufly fpread abroad, 4 That 4 the prefent Miniiters never defign'd to call the. Late MaaU* 4 gers to an Account, but only to cenfure them in general 4 Terms : But that he might allure the Houfe, that notwith- * ftanaing all the Endeavours had been ufed to prevent a Dif- * cover y of the late Mffmdnagemtms^ by fupprefting and con- 4 veyingaway fevv ral Papers, yet the Government had iuffi- 4 cient Evidence left, to prove the Late Miniftry the moft cor* * rupt that ever iat at the Helm. That thofe Matter* 4 would foon be laid before the Houfe \ and that, among 4 other things, it Would appear, that a certain Engltjh 4 General had aci:ed in concert with/ if riot received Oc- * ders from Marefchal de Miliars, f Sir xiii SitWm. Wyndham, endeavour' d to prove, tbrt the Peace had Veen very Beneficial to thU Kingdom \ and ofTer'd to pro- duce a Lift of Goods, by which it appear'd, that the Cu- ft ms had encreafed near ioo oco I. per Annum, But he was immediately taken up by Sir Gilbert Hcathevt, who rea- dily own'd, w Sir V^iUidm, might, indeed, produce a Lift of ' ya * r from France, but defy'd him to (hew that our 45 Export thirher, particularly of our Woollen Manufactures, * had encreas'd fince the Peace. He added, That Imports e being only our Confamption^ rather prose our Lofs than our c v.i;\ and that the Nation gets only by Exports^ which c k ep up our Manufactures, employ our Poor, and bring * in Returns in Money:' Upon which Sir IVm. Wyndharn was filenc d. Nor far d it better with Sir William Whitiacke\ who having fuggefted, That the Whigs defign'd to involve the Nation in a New War^ and lay Six Shillings in tlpe Pound, was afTurcd by Mr. Walpole, c That none in the Prefent Mi* * niftry were for a War, if the fame could any Ways be a- * voided -, and that he doubted not, but Two Shillings in the c Pound would be fufficient towards this Year's Service.' After thefe and fome other Speeches, a Motion being made, and the Queftion put, That the Addrcfs of Thanks be re- committed, it pafs'd in the Negative, by a Majority of 244 Voices againft 138, and relblv'd£ That the Houfedo agree with the Committee ifl the (aid Addrefs : The next Day {March 25th 1715) the Commons with their Speaker, attend- ed His Majefty at St. James's with the faid Addrefs, to which His Majefty return'd this moft gracious Anfwer I Gentlemen, C T Thank you for the many kind AfTurances you have gi- 1 c ven me in your Dutiful and Loyal Addrefs. c No Endeavours lhal! be wanting on my Part to promote your true Intereft, and endear my Self to all my People r And 1 will depend on y^ur Zeal and Afrl&ion to defeat, all evil Defigns that may tend to Difquiet the Minds of my People*, and dilturb the Tranquility of my Go- vernment. The Speaker having on the 25th of March reported His Majefty's Aniwer, it was refolv'd, ' to prefent an humble \ Addrefs to His Majefty, to return the moft humble Thanks * of xliii c of this Houfe, for his moil gracious Anfwer to their Addrefs. On thelaft Day of March the Commons refolv'd to preftnt Seven feveral AddrefTes to the King, for the following Pa- pers to be laid before their Houfe, viz.. Firft, All Powers, Instructions, Memorials, Letters, and Papers relating to the late Negotiations of Peace+and Commerce, and to the Ceffxtion oi Arms. Secondly, The Proceedings relating to the De- molition of Dunkirk. Thirdly, The Keprelentation from the Ruffia Company, and the Merchants trading to the E aft em Country. tdurthly, The Reprefentations an i Memorials from the Merchants trading to Spain and the Weji-Indies* Fifthly, An Account of the Proceedings at the Courts of the South Sea Company relating to the Ajfien-o and South St* Trade. Sixthly, The feveral Memorials ol the Clothiers to the Commillioners of Trade, and what Directions the faid CommiiTiopers had receivd relating to fuch Memorials. And Seventhly, The Rcprefentations and Memorials of the Turhy Company, and of the Italian Merchants. The Calling for thefe Papers, together with the King's Speech at the Opening of this Parliament, and the Addrcjfes of Both houfes to His Majefty thereupon, leaving no Room to doubt that a ftrict Inquiry would foon be made into the Conduct of the late Miniitry, People were attentive ro the Motions and Meps of thofe Gentlemen, particularly of the Two Prime Managers, the Earl oi Oxford, and of the Lord Vifcount Bolingbroke. The firif. had, for fome Time, either fiatter'd himfelf, or amufci his Friends, at .leaft, Acquaintance, with the Hopes, That he mij,ht itill be re- conciled with the Court: But when he found thofe Hopes to be altogether Grounlefs, after having liv'd fome Weeks Incognito, and skulking in London, he went down to his Country Seat in Wales, on the plauGble Pretence of making Jntereft for his Son and Relations againft the enfuing Ele- ctions. Some Time after various Reports were fpread a- bout: Some faid, he itill continued in Wales-, others that he had been feen at Burton, upon Trent, travelling North- ward pothers that he had ernbark'cl, either at M'dford Haven, or fome other Port or Creek in the Welt, on board a Ship bound for Genoa -^ and others again, that he was coming up, and would in few Days be in Town: Which various Re- P«rts were a true Image o£ fcis Pali Life and Conduct, Wa : f 2 vering yering, Intricate, Myfterious, and Puzzled. This is certain, That by an Order or Letter of Attorney under Ms Hand, faid to be dated at Oxford, all the Stock he had in his own Name, in the Sout!rSca Company, was fold ofTand transferred towards the End of the Month of March. The Lord Vif count Bolingbroke, to do even an Enemy Juftice, a&ed, for Jome time, a more open, and generous Part: For he not only appear'd publickly both in the Country and in Town, but upon the Meeting of the Parliament, he tcok his Seat in the hloufe of Peers \ and, in the Debate before-mention'd, fpoke with all the Reiolution, and Unconcernment, if not of an In- r.ocent Perfon, at leafl o f a Guilty Man of Spirit. Some pre- tend, indeed, that the Courage he (hew'd, on that Occafion, was principally owing, to the Advice and Infufionsof ano- ther * Lord, who having been embark'd in the fame Cabal, reorefented to the Lord Bolingbroke^ How much their Caufe * Would Suffer, if He, whole chief Intereit it was to fupport 4 it to thelait, fhould meanly throw it up, by abfenting 5 himfdf *, and fo perfuaded him to appear in the Houfe of * Peers, alluring him, That no Hold could be laid on his ' Perfon, till he was impeach* d^ which could not be, neither, * till the Papers relating to that Part of the Adminiftration c in which his LordiLip was concern'd, had been iaid be- * fore the Commons, and examin'd. Whether 'twas upon this 'Encouragement, 'that the Lord 'BoUngbrohe afted the fart beforemention'd,or upon fome other Confiderations/tis certain, That his Heart began to fail him, as foon as be neard that Mr. Prior^ who was generally reported to have pro- mifed to reveal all he knew, was landed at Dover. That Gentleman arrived in London^ on Friday the 26th of March \ waited the Came Evening on the E. of Dorfet>Qnz of the Gen- tlemen of the King's Bed Chamber } and the next Morning, was by his Lordinip, and the Lord Vifcount Tovonftund, in- trodue'd to his Majefty, who receiv'd him very gracioufly. The fame \ Dajf, Mr. Prior was entertaind at Dinner, by my Lord Towjhend^ together with the Duke of Roxburgh^ Mr. Secretary StanWe> the Earl of Dorftr, and the Lord Lumley\ and was afterwaids examined by a Committee of the Privy Council. : . That ; * Jh: lord T— r* f March 27th, xlv That very Evening, tlie Lord Bolingbrohe left London, and went Fort to Dover, in order to embark for Calais, having taken all imaginary Precautions, both to cover his Flight, and to beundifcover'd at Dover. For the very Evening before, he not oniyappear'd at the Play-houfe in Dnw-lane, but like- wife befpoke another Play for the Next Night •, and he like- wife fubfcribed for anew Opera, that was to be a&ed fome Time after. On the other hand, he put on an Ordinary Simoin Coat, and a Black Wig, and went under the mean Fi- gure of a Valet to Monfieur La l r ig*e, one of the French King's McfTengers. He begun to be mifs'd in London, on Monday Morning, the 29th of March; but Captain Mor- gan, who was instrumental in his Eicape, being rcturn'd to Town the next Day, upon Information given of it to the Go- vernment, the faid Captain was taken into theCuftodyof Qne of His Majflty's MefTengers. His Examination was af- terwards printed in the London Gazette, as follows : Whitehall, March 30. C npfHis Day William Morgan, Late Captain in Major Ge- X c neral Holt's Regiment of Marines, appear'd before * a Committee of the Lords of His Ma^efty's Moft Honoura- c ble Privy Council, and declared, That he having fent one c Andrew Galxvay before to Dover, to provide a VefFel for * carrying him over to Calais on fome private Bufinefs of his 1 own, went Poffc from London, on Saturday laft, for Dover 5 '.that on Sunday Morning about Six a Clock, he the fajd Mar- 4 gan, being at the Dolphin-Inn in Dover, faw Two Men come \ into the faid Inn, whom he at firft took to be French Con- y riers •, that Ibon after, One of them fpoke to him, and dif- * covered himfelf to be the Lord Vifcount Bolingbroke \ that 1 His Lordfhip was in Difguife, having a Black Bob Wig on, ' with a Laced Hat, and very Ordinary Cioaths^ but he the c faid Morgan knew the faid Lord very well, having formerly c received feveral Favours from him ; that His Lordfhippro* * pofed going over in the VeiTel which he the laid Morgan had c hired -,that accordingly they went on board oh Sunday about l vNoon, together with the French Courier call'd La Vigne , * and no other Perfon \ that they landed at Calais the fame 4 Evening about Six a Clock ; that foon after landing, the * Governor of the faid Town waited on the Lord Bolingbroke, *and xlvi c and carry 'd him to his Houfe, where His Lord/hip lay, and 4 the laid Morgan faw him there the Nest Morning : And 'that on 7 ntfday he the laid Morgan left that Place. As foon as 'twas publickly known in London, that the Lord Botwgbroke was gone over to Prant e, theTories handed about in writing, and on the Second of April difpers'd in Print, the following Letter, (aid to be writ by him to a LORD, whom ibme reported to be the Lord Lanfdownc, others the Lord Harconrt^ and others *gain the Earl of Strafford. Doyer, March 27. My I ord, I Left the l ownfo abruptly, that J had no Time to take leave of you, or any of my Friends ; Tou will excufe ?ne when yon Itnow, that I had certain and repeated Informations from fome vphoare in, the Secret of Affairs, i jat a Resolution was taken, by thofe who have Power to execute it, topurfue me to the Scaffold. My Bloodwas to have been the Cement of a new Alliance ', nor could my innocence be any Security, after it had been once de- manded from ab/oad> andrejolv'don at home, that it was necef- fary to cut me off. Had there been the leafi Reafon to hope for a Fair and Open Trial, after having been already prefidgd, un- heard by the two Hoitfes of Parliament, I jhouid not have de- clined the firici eft Examination. . 1 challenge the mo ft Inveterate of my Enemies to produce any one Inftance of Criminal Correfpondence, or the leafi Corruption my Part of the Adminiftratioa in which I was concerned. If ■my Zeal for the Honour and Dignity oj my Royal Miftrefs, and the true Inter eft of my Caunpry, hat anywhere tranfportedme to. let flip a Warm or Unguarded tx pre} fun, I hope the moft favou- rable Interpretation will be put upon it. It is a Comfort that will remain with me in all A-fis for tunes, that Iferved Her Majefty faithfully and dtttifnlly, in that efpe- nally, which fhe had molt at Heart, Relieving her People from a, bloody and expenfive War : And that I have always been too zr.uch ^Englishman to fieri fee the Jmcrcji of my Country to any foreign Ally whatfoever \ and 'tis for this Crime only, that m now dt iven pom thence. Ton, will hear more at large from mefiortly. Yours, &c. When xlvii When this Letter was made publicly various Cenfuresand Judgments pafs'dupon it *, focne maintaining it to be genuine^ and others juppofititiom. This is certain, that as the Generality of the Tories oWn'd it to be true, fo others juflly look'd upon it as ^Contrivance of their Leaders both to keep up the Spirits of their finking Party, and toafperfe the Whigs with the Impu- tation of rioievce. Tis certain, on the other Hand, that the faid Letter was written, not only in the Style and with the Spi- rit of the L. B-ke, but alfo agreeably to bis Principles, at Ieaft ? pad Condull, there not being in it the leaft Mention made of his AfTe&ion to the P rot eft ant Succeflion in the moil Serene Houfe of Hanover. NotwitManding the Lord Bolingbroke's Flight, which was a plain Indication of his Guilt, many of the Sticklers for the. I^ate Miniftry were yet fo fanguine, and fo bold, as to endea- vour to juftify their Conduct by extolling the Peace. To this Purpofe we muft obferve, that on the 27th of March, Sir Roger Bradilmigb, introduced by the Lord of the Bed-cham- ber in waiting, prefented to His Majefty the following Ad- drefs, which openly contradicted the Kings Speech, and the AddrelTcs of both Houfcs of Parliament, to His Majefty. The Humble Addrefs of the Mayor, Bailiffs, and Burgefles of the Corporation of WIG AM, in the County-Palatine of Lancafter y '9l a Common Hall afTembled. Dread Sovereign, WE beg Leave humbly to condole with yon the Death of Her late Majefty, whofi Memory ought to be dear to the pre- fent Generation, and whofe Reign will be efteemed glorious and happy to the las eft Poflerity : Glorious ! In the Triumphs of War, and carrying the Reputation of the Englifli Arms to a Height unknown to Former Ages : Happy ! In feeing that War terminate in a General, Solids and Beneficial Peace, for her People, her f elf being the Arbitrefs there af. Give us Leave, as the Firft Fruits of that happy Peace, to con- gratulate Tour Majefty s quiet Act.tffoa to the Imperial Fhr.pne of thefe Kingdoms. Tour Majefty's con fum mate Prudence in Government, Knowledge and Abilities w War, give its Confi- dence \ your Piety and Virtues give us Affuramc \ and your Royal xJviii Royal Iffue gives hs a Profpetl of the long Continuance of all the Blejfwgs that a grateful and dutiful People can wijJjfor. We take this Opportunity to return our Thanh for Tour Majc- ftys gracious Ajfurance of protecting the Epifiopal Church of England : This, with your being in full Communion with that Cburcb y muft make you dear to all the Members thereof, we cannot hut please our [elves with the Hopes , that by the Eftabliflj- jnent of your Family amongft us, the favourable Conjuncture (which has bvenfo long wifi'd for ) is now come y to extend the Epifiopal Government to the Reformed Churches abroad } which, as we believe it the only Foundation poffible to unite the Chriftian World upon (if ever it mufibefo happy) fo it mufi render you above all things, glorious to the whole Reformation, by being the happy lnftrun.ent of fo univerfal a Benefit. 'Upon all rhefe Hopes and Profpects, we are tyd, as well by our Intereft) a, the Principles of our holy Church, to pay you our Al- legiance in an inviolable manner, and to pray, that after a long Continuance of aprofperous Reign here, you may be tranjlatcd to one eternal hereifter. But this Addrefs was contradi&ed by a great many others, from Powerful and Confiderable Bodies : To which Purpofe we may take notice, that, on the 7th of April the Deputy Lieutenants of the County of Middlefex, and City and Li- berty of Weftmiafter, gave a moft magnificent and fplendid Entertainment to the Earl of Clare, their Lord Lieutenant 5 the Lord Viicount Toimfhend, General Stanhope, the Earl of Lincoln, and ieveral other Perfons of Diftindion. At this Meeting the Lord Lieutenant, and Deputy Lieutenants, agreed upon an Addrefs, drawn up by Richard Steele , Efq^ one of their Body :, which, the next Day, the Earl ot Clare, at the Head ot his Deputy Lieutenants, and being introduced by the Lord Vifcorfnt Townfaend^ prefented to His Majefty, as follows : To the King's Moft Excellent Majefty. The Humble Addrefs of the Right Honourable the Earl of Clare, Lord Lieutenant, and the Deputy Lieutenants of the County of Middlefex, and City and Liberty of west- minfter. \\E Tour Majefty' s moft dutiful and loyal Subjects, the V V Lord Lieutenant and Deputy Lieutenants of the County of Middlefer, xlix Middlefex, and City and Liberty of Weftminfter, beg Leave* upon our Firflpublick Meeting, to congratulate Your Mayfly up- on your fafe and peaceable Acceffion to your undoubted Right*. We receive the invaluable Blcffwgwith all the proper Sentiments of undi(fembled Joy, Affeclion, and Zeal. Our Joy is the Joy of Men vohofe PaftFea?? heighten their Pre- fern Satisfaction : Fears which have no other Proof that they were imaginary, but that Providence hath been much more merciful to. its than we could in reafon expect. The Liberty and Happ'nefs of ManUvd was the glorious Caufe, and the glorious End of that Revolution which trahhnitr ted to us our prefent Security : A Tranfatt.on which, fince Tour Acceffion to the Crown, Jhines with Redoubled Luflre % and bears upon it iuch Characters of Glory, as they who have not hitherto tiedn able or- willing to fee, cannot efc ape enjoying, m its Influen- ces up-:o longer be dift in giiifhed from True Policy y whereiii.Cunmngjhall nolc&iger pals for wifdom, ?ror Deceit fulnefs for Prudence ' r but the Me afire of a irife, fyujhfi Remficent, andSteddyAdnr Oration, fid all eflabhfh theProfperity of the]} Realms, by a jtr Aili-ante with thofe PoW^r\^xheAbandoning.o\ ' whom* has fomh> nifefrly appeared fatal to them, and ourfelves. . On this Occafion pn mit us farther to congratulate Your £{aje- fly, in that we cannot but daily obferve Numbers, cf .Tour Aiaje- fly's Subjtfis afl according to their real Sentiments^ anjd, to ex- ■■elves from the •■ill Impreffions under which they were mifled, by Artful Men, tomake choice of Juch as favoured De- figns dejtrutliv'e of the Liberties of that very Confutation which they were elecl'cd to pre ferve and defend, i ; As, for us, whom Tour Majesty has intrusted with the Militia -His County, we foletnnly promife that we will faith fitly exe- cute the Trust repofed hints; that we will be fo far frow encoura- ging or stymvwg tit tiny of thofe Riots and Di [orders which Jour g Majesty 1 Majefty has juftly complained of, m the Reproach of fame late Tears, that no Endeavours on our Part Jhall be wanting to prevent and fupprefs the leaft Tendency to any Commotion, We flatter our [elves that our lateft Voflerity Jhall enjoy thofe Bleffings we now do in Tour Majefty's Reign from the Eminent Virtues of the Prince of Wales, and the pleafing Pro- fpett of his numerous Iffue : Which that they may do, are thefiti' cere Prayers of, Your Ma jelly's moil dutiful and loyal Subjects. To which His Majefty was plea fed to return the following gracious Anfwer : I thank you for your very Loyal and 'Dutiful Addrefs, And as a further Mark of his Special Favour, His Ma- jefty was pleafed to bellow the Honour of Knightood on Three of the Deputy Lieutenants, viz.. Richard Steele^ Robert Thornhill, and George Cooke, Efquires. To refume the Proceedings in Parliament : On Friday the Firft of April, the Commons refolved to prefent AddrefTes to His Majefty for divers Accounts, and Eftimates, tu be laid before them \ and in particular, feveral Papers relating to the Afjlento Contrail, Newfoundland, the Ceffion of Cape- Breton \ and the Reprefentations and Memorials of the Swedifh Minilter, &c> Four Days after, (April 5th) the Com- mons refolv'd alfo to addrefs His Majefty for all the Powers, InftrudHons, Memorials, Letters and Papers relating to the Negotiations of Peace at the Hague in 1709, and the Preliminaries negociated at Gertruydenberg, together With the faid Preliminaries : All which Papers His Majefty dire- cted to be laid before the Houfe. The fame Day (April 5th) upon a Motion made, That the Houfe would appoint a Day to take into Confidtration HU Majefty 's Proclamation of the i$th of January Uft, for Calling a NewParliamentJ.be fame was immediately read. Sir WitUam Whitlocke, Member of Parliament for the Univerfity of Ox* ford s having made fome Exceptions to the faid Proclamation as Vnperece dented and Vnw arrant able, he was call'd upon by fome Members of the Court Party to explain himfelf\ upon which he made a kind of Excufe for what he had faid: The Matter would have been dropt,had not Sir William Wyndham took it up, and even carried it farther, by advancing, ' That *the It ' the faid Proclamation was not only unprecedented and urr * warrantable, but even of dangerous Covfequence to the very * Being of Parliaments ," The Courtiers could not but take Notice of fo Home a Reflection, and thereupon call'd upon Sir William Wyndham to juftify his Charge : But Sir William who rightly judged, he could not defcend to Particulars without giving further Offence, and finking deeper in the Mire, declinea explaining Himfelf ; Tho' at the fame Time, be refolutely maintain'd his firft Afiertion, faying, That as he thought firne Expreffions in the 'faid Proclamation of dan- gerous Confequence, fo he hoped every Member was free to fpeak his Thoughts. He was anfwer'd, by the Lord Finch, Eldeft Son to the Earl of Nottingham, That Freedom of Speech was undoubtedly one of the effential Privileges, of that Houfe \ But that the Houje has, at the fame Time, both the Liberty and Power to cenfure and punijh fuch Members as trangrefs the Rules of Decency, trefpafs upon the Refpcll due to the Crown \ and abufe the Privileges of the Houfe within Boors, fo as to render it contemptible without. Sir William being dgain call'd upon to explain bimfelf, and ftill perfifting in his Refufal, fonae Members cry'd the Tower, the Tower : But Robert Walpole, Efq*, to keep up the Charatleriftick of bis Party, Moderation, warded off the Blow. c Mr. Speaker, * faid he, (or Words to the fame Effect) I am not for grati- c fying the Defire which the Member who occaftons this * great Debate fhews, of being fent to the Tower : 'Twould * make him too confiderable. Befides,as he is a Young Man. c of good Parts, who fets up for a warm Champion of the * late Miniftry, and one who was in alt their Secrets, I * would have him be in the Houfe, when we come to in- c quire into the Condud of his Friends \ Both that he may ' have an Opportunity to defend them, and be a Witnefs * of the Fairnefs with which we fhall proceed againft thofc c Gentlemen -, and left it fhould be faid, That we take any 4 Advantage over them.' After feveral others Speeches, which prolong'd this Debate from, O^e till Half an Hour pad Five in the Afternoon, A Motion was made, and the Qucjlion put, That the Houfe do now adjourn I Which, being carried in the Negative by a Majority of 212 Voices againft 134, a Motion vyas made and the Queftion propofed, c That Sir William 5 Wyndham having reflected upon His Majcfty's Proclamation &% 'of Jii c of the 15 h of January laft for Calling a New Parliamertf, * and having refufed to juftify his Charge, although often ' called upon fo to do, is guilty of a great Indignity to His * Majefty, and of a Breach of the Privilege of this Houfe." This Motion occafion'd a frefh Debate, that lafted till Seven of the Clock : The Courtiers dill infilling that Sir William Wyndham (hould juftify his Charge \ and Sir William as obftinately declining to doit^faying, He was ready to undergo •whatever a Majority would in flit t upon him. At laft the Queftion being put that Sir William Wyndham fnould with- draw, the fame was carried in the Affirmative by 208 Voices againft 129: Whereupon Sir William withdrew according- ly j and with him, to a Man, all the I2£ Members who had been for the Negative. Their Antagonists being thus entire Matters of the Field, the Queftion was put, and unanimoufly refolv'd, c That Sir William Wyndham having refle&ed up- * on His Majefty's Proclamation of the 15th of January laft c for Calling a New Parliament, and having refufed to jufti- * fy hii Charge, although often called upon fo to do, is * guilty of a great Indignity to His Majefty, and of a Breach 4 of the Privilege of this' Houfe.' Ordered, That Sir Wif 4 Ham Wyndham be (for the (aid Offence) -reprimanded, in 4 his Place, by Mr. Speaker. And, That Sir William Wyndham ' do attend this Houfe in his Place to morrow Morning. Sir William Wyndham attending the next Day in his Place, Mr. Speaker addrefs'd himfelf to him in this manner : Sir William Wyndham, I Am to acquaint you that the Houfe has come to tjpis Rcfo- lution, That you be reprimanded in your Place by me.' ' Ton have prsjumed to reflech on His Majefty s Proclamati- on, and made an unwarrantable Vfe of the Freedom of Speech, granted by His Majefty. This Houfe has. made their Moderation appear, and Jhewn their Lenity, by laying the miUleft Cenfnre your Offence was capable of , I am order' d to reprimand you^ and do reprimand you accordingly. Tc which Sir William Wyndham replied : SIR, 6 T Return you my Thanks for what you have done by the Jt -Duty of you j Offxe 3 in fo candid aad fo Geatlemari- ; • j 4 like ill c like a. Manner : As 1 am a Member of this Houfe, I very * well know I muft acquiefce in the Determination of this c Houfe, 1 But I am not confcious of any Indignity to His Ma- 1 jelty, or any Breach or* the Privi!edi>e of this Houfe \ and 4 therefore 1 have no Thanks to give thofe Gentlemen , who, c under Pretence of Lenity, have brought this Cenfure upon c me. * Thus quietly ended an Affair which, at fir ft, made a great Noife \ the Prevailing Party, with great Prudence avoiding drawing on themielves the lead Imputation of Violence and Rigour, which might have prejudiced the Minds of the Peo- ple, with refpe&to the intended Important Inquiries into the Conduct of the la ft Miniftry. But neverthelefs, the con- trary Party gave a malicious Turn to rheir Moderation, in. a Libel which, fome Days after, was privately handed about, entitled, The Honour and Impart ialty of the Houfe of Com- mom, jet forth in the Cafe of Sir William Wyndham : The Writer of which had the Infolence to compare this Houfe of Commons, to that righteous Parliament which was firsl flefh'd in the Blood of the Earl of Strafford *, and afterwards of the Royal Martyr \ which dejhoyd Epifcopacy^ and over; turn'd the whole Laws. On the 9th of April, Mr. Secretary Stanhope prefented to the Houfe, purfuant to their Addreftcs to His Majefty for that Purpofe, all the Powers, Imtrudions, Memorials, Let- ters and Papers relating to the late Negotiations of Peace and Commerce, and to the Ceffation of Arms, which he de- liver'd in at the Table in Twelve Volumes^ bound up and number'd, and Three other fmall Books. He took thatOc- calion to tell the Houfe, c That nothing had been omitted that 4 might either anfwer the Defire they had exprefs'd, of be* c ing thoroughly inform' d of what had patted in thofe im- c portant Negotiations •, or iatbfy the whole World, that * the prefent Miniftry aded with the utmoft fairnefsand 4 Candor, and defign'dto take no manner of Advantage o- c ver the late Managers, m the intended Inquiries , That in- c deed, the Papers now laid before the Houfe were only € Copies, but that the Originals would be produced if Occa- ' fion required : Concluding, That thofe Papers being too J many, and too voluminous to be perus'd and cxamin'd by liv 4 all the Members of the Houfe, He thought itmoreconve- 4 nient, and therefore moved, That the faid Books and Pa" 4 pers be referr'd to a Seledt Committee of Twenty Perfons* * who fhould digeit the Subftance of them under proper * Heads *, and report the fame, with their Obfervations * thereupon to the Houfc." Mr. Ward ( the Lawyer ) faid, Nothing could be fairer. That for his own Party his Principle was that Kings can do Wrong-, But that he was of Opinion that their Minifters are accountable for their Male- Admini- stration. The Earl of Oxford, being, to the general Surprize, come to Town the Night before, his Brother, Mr. Auditor (Ed- ward) Harley, a Member of the Houfe of Commons 1 took that Occafion to fay, c That 'twas eafie to fee that one of * his neareft Relations was principally aim'd at in the in- € tended Inquiries *, But he might afFure the Houfe, That * the faid Perfon, notwithftanding the various Reports had * been fpread concerning him, would neither fly nis Coun- * try, nor conceal himfelf, but be forthcoming whenever he * fhould be caH d upon to juftify his Conduct. That, he 4 hoped, he would be able, upon the fever eft Tryal, to * make his Innocence appear to all the World ; But if he * fhould be fo unhappy as to have been guilty of the Crimes * that were laid to his Charge, he would think all his Blood 4 too fmall a Sacrifice to atone for them." No Body oppos'd Mr. Secretary Stanhope's Motion : Mr. Hunger ford only ex- cepted againft the Number of Twenty, and moved that One more might be added, which being readily agreed to, it was relblv'd, Firfi, That the Books and Papers before-mention'd be referr'd to a Committee ; Secondly, That the faid Com- mittee be a COMMITTEE*/ SECRECY. Thirdly, That the Number of the faid Committee be One and Twenty. Fourthly, That the faid Committee, be chofen by Way of Ballotting^ Fifthly, That the Members of the Houfe fhould on the Monday following, at Twelve of the Clock, prepare Lifts to be put into GlafTes of One and Twenty Pcrfons Names to be the faid Committee : And order'd, That the faid Books do remain with the Clerk of this Houfe Sealed, as they were then, until the faid Committee were chofen. Qa w On Monday, the nth of April, the Members in Witt- minfier-Hall, and Court of Requeft, having been fummon'd by the Serjeant at Arms, to attend the Service of the Houfe, the Clerk and Clerk-Afiiftant went on each Side the Houfe with GlafTes to receive from the Members the Lifts of Per- fons Names to be the Committe of Secrecy ; and the fame being receiv'd and brought up to the Table, a Committee was appointed and order'd to withdraw immediately into the Speakers Chamber *, and that they Ibould report to the Houfe, upon which One and Tweenty Perfons the Majo- rity fell. Two Days after, Mr. Bladen reported from that Committee, that the Majority had fallen upon the One and Twenty Perfons following, viz.. Sir Richard Onflow, Bart. Algernoon, Earl of Hertford* Robert Walpole, E(q-, Edward Wortley Montague. Spencer Cowper, Elq^ Sir David Dalrymple, Bart. james Stanhope, Efq> George Bailie, Efqj Hugh Bofcawen, Efq^ Sir Jofeph Jekyll, Knight. Willi am Pnltney, Efq*, Thomas Erie, Efq* Nicholas Lechmere^ Efqj Richard Hampden, Efq} Daniel, Lord Finch. Sir Robert Majham, Bart. John Aijlaby, Efq^ Alexander Dtnton, Efq^ Thomas Vernon, E(q', of Thomas Pitt, Senior, Elft Worcefterftire. Thomas y Lord Coningsby. An Objection being made, by fome Tory Members, to Sir Jofephjekyll's being One of the faidCommittee, he having not taken the Oaths at the Table •, it was readily anfwer'd, that the fame was not owing to any voluntary Neglcft, Sir Jofeph Jekyll being employ'd in the Circuits, as Judge of the County Palatine oi Chefier: Whereupon it was refold, That Sir Jofeph Jekyll being a Member of this Houfe, was capable of being chofen of the Committee of Secrecy, aitho he had not b-en fworn at the Table \ And order d, ' Firfc. 4 That the Books and Papers which were order'd to re- 4 main in the Cuftody of the Clerk, till this Committee c was chofen, be deliver'd to the faid Committee^ and 4 that they do examine the fame, and report to the Houfe 4 what they find material in them •, And that they, or any 1 Five of them, do meet that Afternoon, and fit de Die in 4 Diem. Ivi Diem : Secondly, That the faid C6mmittee have Power to fend for Perfons, Papers, and Records. Accordingly, the Committee of Secrecy met that Evening, arid chofe Robert Walpole, Efq-, for their Chairman : But that great Man be- ing, the very next Day, arfMed with a violent Fit of Ne- phretick, or Stone colicky the Committee chofe Mr. Secretary Stanhope, to fupply his Place of Chairman \ and, for DiTpatch Sake, fubdivided themfelves into Three Committees, to cacti of which a certain Number of Books and Papers were allot- ted. It is remarkable, that as foon as the King was inform 'd The Friends of the Late .Evil Mm Hers .had hitherto fiat- ter'd themfelves with an Opinion, that the "Pat Uamenta-y fin- quttito with which they y^xt threaten^, Wocld come to no thing: But being now ■■made fenfible, by the Appointing of the Committee of Secrecy, that the Commons were in earnerf , they- reiolv d to n r e the m'oft unwarrantable and illegal Me; thods to. deter them from proceeding farther. Jn OrJer fc that, they laid hold cf the Firft Opportunity that offered ic raife Riots and Tumults, in t'ne very City of London \zw Ac* count of whicn was publinYd as follows : SAturday last, the z%d of April, being the Ann'rverfary of the late Queens Coronation, the Faction who hpdbeepat Tains and F^xpence feme June befor' to prepare a rajcally AMu employ'd their Tools, to afjemblethem'in the Fvening. The Chief Tlace of Rendezvous was at the Conduit on Snow Hilf, where they hung up a Flag and a }looy, and with the Money contributed byjiveral of the Neighbours and others of the Faction, they were accomodated with Wine, a Bone fire, and Illuminations. The ■Qiicens FiElure was fixd upon the Conduit^ with this Infct under it : Imitate her who was; fo juft and good, Both in her Actions- and her Royal Wofd. ' As foon as the Rabble was htated, they werv, detach' a ip Parties to difturb the Peace of the City and Suburbs^ impe- rionfly commanding the People to illumhuitc their Windows., and contribute to their Bonefires. They were fo intent upon Mi [chief y that they no' inly threw Stones^ &c. at fuch windows as were not illuminated^ lvii illuminated, hut atjuch People as werefetting. up Candles to pre- vent their Windows being broke ; and threw Flint Stones of fuch a Size and. Weight, as were enough to have kill' d any Pcrfon they bad hit. They likewife floppd Coaches to extort Money from the . P a J] eK gf rs -> injalted thole that were pajfing th't Streets about their lawful Occaftons, robb'd them of their Mats, Wigs, St. buf- feted them f ^ and threaten d farther Mi [chief \ if they Would not huzza God blefs the Queen and High Church, . It were eafy to give many Inftances of the Mifchiefs donevy this .villainous Mob \ but /race the Rioters (pread themselves from- the.tr Place of Rendezvous to the Middle of the City, on One x Side\ and as high as Holbovn Bars, &c. on the Other \ itisal- tno§h /impojfible to give all, the Particulars , only cti Holborn- Hill, over against St. Andrew's Church, they broke abundance of Windows, and threw in Scores of Stones into Houfes at once. A Womanmth Child was hurt by one of thofe St one J of above a Pound. Wfiight, though foe beggd them to forbear till fie could put itppandles. A Servant Maid was wounded in the Head by ano- ther ', and thdy \hrew them with fuch Force that they broke tlit Tiles of t,he Chimney*, and flew into the Beds, where poor Infant narrowly mifs*d being knock 'd on the head. The' VUlany appears h haucbem pre meditated', for the Stenes found in Peop\e*sHcufcs were mosi of a Size, and generally Flints which they had prepared onPttrppfe, and carry d in their Pockets. They vented their Spite particularly upon the Houfes and Phfons of DifTenters, where tkey knew them. Another Engine which' the enraged Tory and Jacobite Fa.- tlion. relblv'd to play at this Juncture, to awe the Govern- ment, was to fet up the, Duke of Ormond as the Favourite of the Populace. To this Purpofc, we may bb'ferve, that en the 29th of April, being His Grace's Birthday, rn oft of the Difcontemed among the Nobility and Gentry appear d'at his Levee in Magnificent .Habits*, anil afterwards went to. the Devil-Tavern in Fleet- Iheet, to drne together, and' ttrink His Grace's, and other Suitable Healths* Moreover, un- doubtedly by Diredbn, 'a Mob gather 'din the Evening near- Newgate-market, anrf went about Pater-nosler-row, and other adjacent Streets, exacting Money to make Bonefires to -cele- brate the Duke of OrwancTs Birth-day . Which being altoge- ther unprecedented, and a Compliment brily paid to the Royal h Blood; lviii Blood, could not but be taken notice of, and give Offence to the Court. In the mean Time, the Tory Party in the Houfe of Com- mons laid bold on all Opportunities to divide their Antago- nists, a remarkable Infhnce of which appear'd on the 1 3th of May y 1715, when, in a Grand Committee, they confider'd of the Civti Lift* After the Reading of ieme of the Papers that lay before them, the Courtiers offer'd the following Queftiori, -viz.. c That it appears to this Committee, that the .Sum of 70COOO /. per Annum was fettled upon His Late Ma- * jelly K; w, during his Life, for the .Support of His * M: : . old, and other his neceflary Occafions -,and * at the Time of His Majefty's Demiie (after the Deduction * of 370c /. a Week, that was apply'd to Publick Ufes) was * the Produce of the Civil Lid Revenues that were continued * and kai^i upon Her Late Majeffy Queen Anne, during 1 her Life :' Which Queftion occafion'd a Warm and Long Debate. They who propoferi it had Two things principally in their view : tirft % To vindicate thtp> eftm Mini ft ry from the Afperfion caft upon them, and induiirioufly fpread about by the Emiflarics of the Lite Managers^ 'that the Whig* defign'd to give the King a Larger Revenue than His Majefty's Prede- ctfTors had enjoy 'd : And, in the fecond place, To make good the Branches of the Revenue afiign'd for the Support of the Civil Lift, which had been alienated, or abridged, fo that the whole Neat Produce might amount to the Sum of 7CCC0© I. per Annum. The Leading Men among the Tories, being fenfible of the Firft ; and, at kaft, pretending to be ignorant of the Confequencesof this preliminary Qyeftion, in- filled, a long while, That it was enfnaring -jthat what had been done by former Par lia?nents ought not tohe aftandtng Rnle for the fubfequent j that fuppQ fin g the Parliament had givinKing William a Revenue of 760000 1, per Annum, for the Civil Lift, they ought to confider that he was to pay out of it 50000 U per Annum to the Late Queen, then Princefs ^/Denmark \ ijJL or 20COO 1. per Annum for the late Duke of Gloceiter *, and That ttfterthe Parliament taking Revenues, exceeded what (hey had been given for, the Sum 0} 57OOI. per Week (that is 192400 1 per Annum) was taken mr of them, and lis and apply* d to other Vfes : NotwtthftmdinR which Dtdutl ion, the lite O^ had honourably maintain d. her Family, and purported the Cr-i^ of the Crown. However, if the pre few Revenue $ of r'ie Civil JJft were -not fitfkient, they were ready to tonfent . to Hn jfdmHito. The',cv.c^i anfwerU. l Thar Hie Qtie- * ftion before them was founded upon K»#s, wfiicli, U de- * ny'd, they were ready to prove by the Records of the * Hdftfe. 1 Sut Sif William Wyndham itill urging, that the Queftion was enfitarhig, Mr. Secretary Stanhope anfwer'd, c Tbat be woali be very plain with them, and own, that as * 'twas notorious that great Endeavours had "been ufed to alie- * nate the Affection of the People from the King and his Go- 1 vernment, by falfe Suggefttons that they de/ign'd to plunge 'the Nation into extraordinary Evpences, they thought ic ' highly necefTary to clear His Iwajefty and his Minifters from * that malicious Afperiion.' To this the Lord G~—ey re- ply'd, That the DijaJfeftion of the Ptople, if any, did not pro • ceedfrom His Majefyjjut from the Hardships his Minifters put on the Tory Party. To which it was fmartly returned, * That as fooq as 'twould be made known to the World, how * the Late Miniftry had ufed not only the Whigs, but the i 'whole Nation, nothing that could be done againft them * would then be thought a Hardlhip : But, however, that * neither that noble Member, nor any of his family, had 'Reafon to complain of Hardship*} After fome other Speeches, which prolonged the Debate from Two till about Five in the Afternoon, the Tories endeavoured to cirop the Qnejiion, by moving, That the Speaker refine the Ckiir : Bui the Queition being put .upon this Qjfeftion- the fame was carry'd in the Negative by a Majority of 244 Voices ag^inft 148. After which the Fir ft Queftion was put, and carry'd in the Affirmative, by about the lame Majority. Then the Vi- ctorious Party moved, c That to enable His Majeity to fup- * port the Dignity of the Crown , and to make an honoura- 1 ble Provifion for the Royal family, there be granted to c to His Majefty during his Life (which God long prefer ve) * an Additional Revenue, which, together with the Neat ' Produce of the Civil Lift Branches, may make up ihe clear 4 Yearly Sum of Seven Hundred Thoufan j Pound., for v the 'Service of- His Majefty's Houlhold and Family, and for 1 other his neceffkry Expends and Occafions.' The Queftior; kz * bein§ being put upon this Motion, the fame otcajion'd another great Debate. Sir Thomas Hanmer, Mr. Bromley, Sir Wil- liam Wyndham, Mr. Cafar, Mr. Hunger ford, and fome other leading Members among the Tories, who, on this Oc- cafion, wereftrengthened and back'd by fome eminent Whigs, did not atfirft diredlyoppofe the Queftion, but infmuated, that before they came to that Refolution, c it fhouli be pro- per that a Particular of the King's Expences ihould be laid be- fore the Houfe.' Mr. Walpole, Mr. Stanhope, Mr. Lech- were, and fome other Courtiers, who, on this Occafipn, were jpin'd by fome of iht ppo fit e Par t\, having exploded that Propofal, as altogether i neon Often t with the King's Ho- nour, to have ail the private Espences of his Family and Houi'hold look'd into, as if he had need of a Guardian: The Tories then moved that the Sum of 600000/. per Ann. be given to His Majefty, and ioocoo/. per Annum fettled on tbePrihce of Wales, The Courtiers perceiving that the Pro- pofal of giving the Prince of Wales a Separate Revenue, was only a Defign to divide the Royal Family ', by kfTening the De- pendance of the Next Heir apparent on His Majefty, oppo- sed it with great Warmth : And the Queflipn being put upon that Motion, the fame was carry'd in the Negative, by a Great Majority. The Tories having loft thefe' two Points, fome of that Party more openly oppofed the main Qpeftion. Among the red, Sir William Wyndham faid, ' He had the Ho- c nour to ferve Her Majefty, and had the Opportunity to c look both into her Revenue and Expences*, and he could af- c (lire the Houfe, that about 500000 /. per Annum were fuffi- * dent for thrSupport of her Family, and Civil Lift i tho' * foe rcferved about 50000/. a Year for the Late King c James's Confort.' The Courtiers were glad of this lair Confeffion •, and Mr. Secretary Stanhope dcfired the Com- mittee" to take notice of what that Gentleman had advane'd'j becaufe it would ferve to confirm fome Matters which the Committee of Secr.cy had found in the Papers that were laid before tfoenj. A Whig Member, who, , at this Time, fpoke on the Tory Side, made fome Reflections on the preient un- thrifty Ad minifl ration of His Maj's Revenue ; and, in particu- lar, took notice of the Salaries of the Judges being advane'd \ Not, faid hz,for Services done, but expected. Upon the whole r, the Queftion being put upon the Motion before* mentior?d a Ixi ttiention'd (about Seven a Clock in the Evening) the fame, was carry'd in the Affirmative without dividing. What's moft * remarkable in -this DayVDebate, and is the main Reafonof its being mentiond in this Plftt, was the Divifion that ap- peared among the Court-Party, which wa,s chiefly afcribed to the Counfels of the Earl of Halifax, whofe Ambition (as was hinted before) began to make thofe at che Helm vpy uneafy. But they were foon rid of that Trouble: For His Lordihip l>eing, on the 15th of tyou, taken ill, he cly d on the 19th, of an Inflammation of the lungs: And.it was obferv'd, that notwithftanding he had ever Wtr\aslrenuou< Afiertor both of the Re volution and Hanover SucceiTion,, yet he was more re- gretted by theTorifa than by the Whigs : Which confirm'd the general Opinion, That His Lordihip had entei'd into Meafures with foroe of the Late Managers, to iiave off the intended Impeachments. ' All this while, the Tories and Jacobites endeavour'd to alie- nate the Minds of the People from the prefenr Settlement-, and, by Riots andTimiihs on publick Feitivals, t« prepare them for a general Infurre&ion. To prevent the dan^eroas Tendency of fuch tumultuous AfTemblies, the J u (Vices of Peace of the Gity and Borough of Weftminsler, did, on the 5th of May, make the following Order : ■■ i TT having of late frequently happened, by the In ligation 1 ' and Encouragement of fome wicked, feditious and ( ill minded Men, under falfe Pretences of Joy, but with real 4 Defign todiliurbthe Peace of the Government, that feveral c idle, loofe, dilorderly, mean Perfons, have riotoully and tu- c roultuoufly met and aftembled themfelvestogether,with great 4 Noife and Clamour, committing feveral Outrages and c Breaches of His Majeffy's Peace, to the certain Hurt and * Damage, ^as well to the bodies as Habitations of many, and 'to the great Terror and AfTYightment ot all His-'Majefty's ' Good subjecis^ the like which Riots, Routs, and Unlawful * AfTemblies, unlets hereafter hindeVd and prevented, or * timely reprefTed, may prove of very dangerous Confequence c and Hazard to the good State and Government of the Na- * tion. His Ma jelly's Juftices of Peace tor this City and Li- * berty, being deeply afYe&ed with the Diforders that have al- ready bappen'd., and confidering the ir&fl: proper Methods fc fox. Jxii 4 for preventing the like for the future, hafe agreed and re- c folv'd to put the feveral Laws againft Riots, Routs, ancj * alfo the fevcral Beadles and Watchmen within the fame, do * take effectual Care, and uPe their utmoft Diligence, not on- c !y in the Night, but in the Day-time, as there fhall he Oc- ' cafion ; and moreefpecially, when there fhall be the * likely Fear and Sufpicionof the gathering together of locfe 4 and diforderly Perfon, to commit Riots, within any of their * Parifhes or Precin&s . and if need be, that they meet and * join together, by the Direction of any of the J unices of Peace •of this Liberty, or the High-Conftable thereof, to prevent * all fuch Riors, Routs, and unlawful AflTemblies, in the * Parifhes. Precin&s,or any Part of the (aid Liberty And * if fuch Riots, being made cannot be fupprefs'd bat with * greacer Force, that the faid High and Petty Conftables do € fummon and require, as by Law they may, <:uch a fuffkient * Number of Inhabitants to aid and affift them, their Beadles * and Watchmen, in the Supprefiion thereof, as fhall be need- 4 ful and requifite: And that they apprehend the Offenders in 5 fuch: iots, Routs,and unlawful A(Temblies,and bring,or caufc * them to be brought before one, or more, of his Majefty's Ju- * fhces of Peace of this Liberty, or before his Majefty's Ju- * ftices of Peace, who will be dally affembled in Petty-Seffi- * oi*, within their refpe&ive Divisions, on this Occafion, to *anfwer an 1 be dealt withal according to Law: Hereof the * faid High Conftabte, Petty Coniiables and Beadles may not * fail at their Perils : And to the End due Notice of this Or- c der may be had to all PerfonsconcernM It is further or- * der d, that a fufrTcienl Number of Copies hereof be printed * lad affix'd on fuch publick Places, and cii pers'd in fuch Man* * ner^as the high Conitable of this Liberty fhall think fit. By Order of the J h ft ices, W. Taylor, D. Cl. Pac. But it foon appeared that thi? Order was too weak a Curb to reftram the Infolence of the deluded Multitude : Of wfrch the Government being apprehenfive, the Night before ►bcKinp* Birrb Day, (the 28th of May, ) Orders ^ers gives to the &fc-GHards y and Hcrfe-GrenadUrs to be lxiti be ready to mount upon the Firft Notice. Whether the Discontented had Notice of this Precaution, or no, they were pretty quiet on that Feftivar; And the Conftables, who had been ported in feveral proper Places, made fhift to prelerve the Peace of the Cities of London and Weft* minfter *, and took up fuch Perions as offer'd to difturb it. But, it Teems, the Hiph-Chunh and Jacobites refer v'd the Demonft rations both of their Injolent Joy, and Saucy Difaffe&icu for the next Day; which being, by Parlia- mentary Appointment, the Anniverfary of the Reft oration. of the Royal Family, they refolv'd to celebrate it, in ft moil extraordinary Manner, throughout all England } not only out of a Compliment to the paft, but, rather, with the fond Hopes and Wijhe s of a future Rcftoration. It was obferv'd, That many who on the King's Birth Day affe- cted to be in Mourning, put on New-Cloaths on this Oc- tafion-, And in the Evening the Tories not only made greater Illuminations and more Bonefires, than the Whigs had done the Day before $ but likewife excell'd abote the latter by their Mobbs, who in feveral Places, parti- cularly in the City, broke the Window Glafies of foch Houfes as were not Illuminated •, Without fparing thofe of the Lord Mayor. Four Life Guards, who were pa- trolling were infulted by a Mobb that made a Bonefirc in Chancery-Lane j and obhg'd, to cry with the Populace, for HIGH -CHURCH and the Duke of ORMOND. In Smithfield thert was the greateft Mobb? that was known ia London fince Sachevcrels Tryal 5 and who burnt in great Pomp, the EflPfgie of Oliver Cromwell, or as fome pretend, of Mr. Hoafily. In LudgMe Street and other Places, the Pretenders Health was publickly drank *, and there being but Four Companies of the Trained- Bands under Arms that Night, they were not able to quel the riotous Mul- titude every where. However, about Thirty of the Mu- tineers were fecured, and committed Co the Counter and ci- ther Prifons. The tome Evening alio, one Bounds, * French Popifh School-matter was by Sir Charles Peers com- mitted to Newgate, for High Treafon^ having affirm d. That King George had No Right to the Crovn But the Diforders that happen'd in London and Weftmhrfier t both c>n the Reftoratim Day, and the preceding Night, were 1 not ixiv ; Rot to be compared, to the Riots and Tumults committed j on thole Two Feitivals, in feveral other Places, particu- larly at Oxford*, which feem'd to be a Signal for the High Church Mobb, in England, to infult the Diffenters, and pull down their Meeting Houfes: Which III Humour was fet a-running by the Leaders of the Fa&ion, under a fpe- cious Zeal for the Churchy but with utrue Defign to over- fet the Government by an Open Rebellion. Ta> this Purpofe, we may obierve, That about the middle of . May an intercepted Letter was tranfmitted from Ireland to the Government,: written by; Captain Wight, a Reformed Officer* of Windfors Regiment bere in England, to bis Friend in that Country * v and,*by a Miftske, carried to one of the fame Name, wherein were thefe traite- rous Expreflions :.The Duke of Ormond has got the better of all his Enemies ', and I hope w jhall be able in. a little Time, to fend G — E Home to his Country again. | Hereupon a Warrant was iflued out from thje Secretary's Office for Apprehending the faid Captain Wight,, whoabfeondingi a Reward of Eifty Pounds. was offer'd by the Government, to whomibever. fbould dilcover him. About this. Time alfo, Mr. George Jeffreys was feized at Dublin, upon his Lauding there from England-, and being-brought to be examine before the Lords Juftices, a Packet was-found about hi(j»,>direfted to Doctor Jonathan Swift, Dean of St. Patrick, .Dublin, one of the molt profligate, mercenary Tools of the late Managers* This Packet Mr.Jejfreysownld he hid receiv'dfrom one of the Duke of Ormond $ Chaplains ^ and feveral Treafonable Papers being found in it, the fame were tranfmitted to the Government -, and, in the mean Time, Mr. Jeffreys wasoblig'd to give Bail for his :. Appearance •, of whicn the Libeller Swift having Nctice v and that Search was made after him^ he thought fit to abfednd. From all thefe Paflages, it is evident, to a Dcmonftration, tbabin order to prevents Inquiry into former Mifcarriages y and Aiifmanogewents, there- was a Defjgn formed by the L,ate Atemjlers, and their Adhotnt*, not only to dijlrejl, but e- ven totally to fubvert the prefem happy Settlement, which fbeWS both the Reajons and Necejfnyof Ivrpedch'vng thefaid Mini- ficrs. THE (O The Hiftory of the Impeachments of the Late Miniftry. N IVednejday the Firft of $une 171$, the Lords fent down to the Commons the Bill for the better regulating the Forces to be continued in Hvs Majeftjr'i Service, &c. And the Amendments made to the II Bill by their Lordfhips being read, a Motion was I) made, and Che Oueftion put, That die further -Coniideration of the Paid Amendments be adjournal .' Which was carried in the Negative ; and then thofe Amendments were feverally read a Second Time, and agreed to by the Houfe. Mr. Skippen, having on this Occafion, refle&ed on the prefent Ad- miniftration, as if they deligu'd to fet up a Standing Army, and iniinuated as if, after the great Glamour that had been raifed, their Secret Committee would end in Smoke: He was fmartly taken up by Mr. Bofcawen, Comptroller of His Majefty's Houfhold, who faid, c He could not forbear taking Notice of the Infolence of * a certain Set of Men, who having committed the blackeft ' Crimes, had yet the Aflurance to dare the Juftice of the Nation; 1 But that he hoped, thofe Crimes would not long remain un- * punifh'd ; that the Committee of Secrecy were ready to make 1 their Report; and had directed their Chairman, to move the ' Houfe, the very next Day, that a Day might be appointed for * receiving the faid Report ; and, That in the mean Time, he might 1 venture to aflfure the Houfe, That they had fouud furhcient Mat- ' ter to impeach of High-Treafon, frveral Lords and fome Com- moners.' Mr. Walpokytod to the Qme Purpofe, ' That he wanted ' Words to exprefs the Villainy of the laft Frenchified Mwiftrj ; ' and Gen. Stanhope added, * He wonder'd, that Men who wereconfeious * of being guilty of fuch enormous Crimes, had yet the Aflurance ' and Audacioufnef. to appear in thePublick Streets.' The nextDay ("fane 2.) Mr. Walpole acquainted the Houfe, from 'the Committee of Secrecy, * That they had examin'd the Books and Papers refen'd * to them, and had Matters of the greateft Importance to lay be- ' fore the Houfe; and that the Committee had directed him to * move the Houfe, that a Day might be appointed for receiving '.their Report: 9 Upon which, after a fmall Debate, it was order' 'd, That the Report be receivdupon that Day Seven-night ; and that all the Members do then attend the Service of the Houfa upon Pain of in' Wring tk.higbeft Difpleajun 0} this Houfe. B On On the 3d of 'fane the King came to the H. of Peers, to give the Royal Affent to the Malt Bill, and to the Aft for the better regit* hting the forces : After which the Commons adjourn'd to iVediJef- day the 8th of June, by Reafon of the Wkitfun Holy Days ; But or- dered, That, the Commit e of Secrecy have leave to fit during the Ad- journment of the Houfe* On the 9th of June Mr. Walpole from the Committee of Secrecy, ac- quainted the Houfe, That be bud a Report to ptefem, but that be bad the Commands of the Committee to mile a Motion to the Houfe before be read the Report; That there Are in the Report Matters of the bipheft Importance: That ahbo the Committee bad Power to fend for Perfons, Tapers and Records, thj did not think fit to male ufe thereof, believing it to be neceffiry, in ordtr to bring Offenders to ^u/iiee, tbatfome Perfons (bould be fecur'd before 'tis poffibk tb?y jbouldlnoro what they are to be examined to, and hfi they jkould have Noyce fi-om what fhould be read in the Report, to male their Efape : He wm commanded by the Commit- tee (according to jotmer Precedents) to move, that a Warrant my be iffued by Mr. Speakers appnhend certain Perfons wkofballbe named to htm by the Chairman of the (aid Committee ; and that no Members may be permitted to go out of the Houfe. Hereupon it was Ordered, lft, that the Lobby be cleared of all Strangers, and the Bad- Doors of the Speaker's Chmber belocl'd up, and the i^ey brought and laid upon the Table ; And that the Serjeant do (land at the Door of the Houfe, and fuffer no Member to go forth. 2dly, That Mr. Speaker do JJJue hit Warrant to the Serjeant at Arms attending this Houfe, to tale into his Cuflody fuch Perfons m jhall be named to Mr. Speaker by the Chair- man of tfo Committee of Secrecy, in order to their being extmini before the f aid Committee. . Hereupon Mr. Speaker iffued out his Warrants to the Serjeant at Arms, to take into his Cuftody feve- ral Perfons that were named to him by Mr. Walpole, particularly Mr. Matthew Prior, and Mr. Tbomti Harhy, the firft of whom was immediately apprehended, and the other fome Hours after. This done Mr. Walpole acquainted the Houfe, *That the Com- * mittee of Secrecy had perufed die Books and Papers referred to ' them, and had agreed upon a Report, which they had comman- 1 ded him to.make: That it wascontain'd in Two Books, One of ■ which was theReport,the Otherby Way of Appendix to it,contain'd 'at large thofe Letters and Papers which werereferr'd to in the • Report." And he read the Report in his Place, and afterwards deliver'd the fame in at the Table, together with the Appendix, and the Books which were referr'd to the faid Committee. The Reding of the faid Report haying taken up about Pive Hours, vi%. from One till about Six in the Afternoon, a Motion was made by the Friends of the late Miniflry, and the Queftion put, That the fucther Consideration of the Report be adjourn'd till the next Morning, but the fame being carried in the Negative by* a Mojority of, 282 Votes againft 171 ; it was order'd that the He' fort (3) port be now read: And the Clerk of the Houfe having read Part of it, til) Half an Hour paft Eight, the further Confideration of it was Adjourn* d till the next Morning; and the Call of the Houfe to Monday Seven night, the 29th of June. before we proceed, it is necefTary to obferve, That the feveral Books and Papers referred to the Committee fbhfy relating to the late Negotiations of Peace and Commerce ; 2. To the intended Demoli- tion of Dunkirk ; 3. To the Obtaining and Difpofmg of the Afftento Con- tract 54. To fome Negotiations concerning the Catalans 5 And $.. To fecret Travfaclions relating to the Pretender : The Committee have in this Report only gone through t he Books and Papers that relate to the lit, 4th, and 5th Heads; and have refer v'd for another im- port, the Affairs of Dunkirk and the Ajfiento. The firft Part of this Report, may be fuhdivided into Ten Points, «f{> 1. The Clandejiine Negotiations with Mr. Mefnager, which produced two Sets of preliminary Articles ; the one private 2Lndfpeci.il for Gr. Britain only ; the other General for all the Allies. 2. The extraordinary Meafures purfued to form the Congrefsat Utrecht. 3. The Trifling, and Amufemems of the French Plenipotentiaries at Vtrecht, by the Connivance of the Britijh Minifters. 4. The Negoti- ation about the Renuntiation of the Spanijh Monarchy. $• The fatal Sufpsnfwn of Arms. 6. The Seizure ot Ghent and Bruges, in order to diftrefs the Allies, and favour the French 7. The Duke oi Or mend's Aclingin Concert with the French Gen.S. The L. Bolingbroke y s]out' ney to France to negotiate a Separate Peace. 9. Mr. Prior's and the D. of Shrewsbury's Negotiations in France. And 10. The precipitate Conclufxm of the Peace ztVtrecbt. After this, the Committee offer to the Houfe what they have found material in the Papers referr'd to them, concerning the Catalans, and the Pretender ; infert at large, a Letter from the E. of Oxford to the Queen, with an Account of publick Affairs fiom Aug. 8. 1710, to June 8. 1714; and take No- tice of feveral glarimg Jnconfxflenr.es, that are obviom to every Body, by Comparing che late Queen s Declarations, with the Meafures her Minivers pre fumed to take. This Report is digefted into a clear, eafie Method; written in a plain, but nervous and manly Stile; and with the Dignity becoming a Seletl Number of Men, pick'd out in fo great an Affembly, as the Commons of Gr. Britain ; and interwoven with moft judicious Remarks and Observations, that both trace every Step to its true Caufe, and illuftrate the Whole, which mutt be allowed to be a Mafier-piece in its kind. To begin then : THE COMMITTEE was in hopes, in fo Volumi- nous an Inquiry, to have been able to trace out the whole Pro- grefs of thefe Negotiations; but to their Surprize they rind a. want of feveral Papers referred to in thofe that have been delivered to them, and frequent and long Interruptions of fome very mare- rial Correfpondences that were crrry'd on: But, however, the Committee proceeded to draw up the following Report, warran- ted and founded upon fnch Authorities, as the Perfons concem'd vouchfafed not to fupprefs. B 2 The (4) The firfl: material Paper is Entituled, Thefirfi Propofitions of France, fi^n'd by Monfieur de Tore], Aprill 22, 171 1. N. S. To whom the fe Propofitions were directed, what pre- vious Steps had been made on the part of France, or what Encouragement had been given on the part of England, does not appear-, but it is evident that they are conceiv'd in very loofe and general Terms ^ that from the beginning the De- fign of France was to fecure Spain and the Weft-Indies to King Phillip-, to create Jealoufies among the Allies \ and that France offer'd to Treat with England and Holland either by them- felves, or jointly with the reft of the Allies, which was left to the Choice of England. On the 27th of April, 1711. 0. S. Mr Secretary St. John, tranfmits thefe Propofitions to Lord Raby, the Queen's Am- bafTador at the Hague, with Orders to Communicate them to the Penfionary, To affure that Minifter the Queen was re- fotv'din making Peace, as in making War, to ac~i in per fe El Con- cert with the States, and de fires the Secret may be kept among as few as poffible \ he confejfes that the Terms of the fever al Propo- fitions are very general, that there is an Air of Complaifance fawn to England, and the contrary to Holland, which might be ofillConfequence, but can be of none, as long as the Queen and States take care to under (i and each other , and to all with as little Referve as becomes two Powers fo nearly ally'd in Intereft ; 'and' de fires the Penfionary to be affitrd, that this Rule fij all on our Part be inviolably obferv'd. Lord Raby by his Letters of May the 25th and 26th, 171 1. N. S. to Mr. St. John, in anfwer to thefe Orders and Aflu- rances, acquaints him, That the Penfionary had*, with thofeof that State who had been formerly employ d in the Negotiations of Peace, confider'd Monfieur de Torcy'.* Propofitions, and the obliging manner in which her Majeflywas pleas'd to Communi- cate them \ that they thank* d her Maje&yfor her Confidence in them, and affure her, that theirs is reciprocal ; and that as her Majefly had promts d, fhe will make nojlep towards a Peace but in concert with them, they de fire fhe may be ajfur'd of the fame on their Part\ and they urge the neceffity of an entire Confidence one with the ether at this critical Juncture j they declare them- [elves weary of the War, which they endeavour to conceal from the Enemy, left he Jhould make his Advantage by it *, and that they are ready to join in any Meafures, whish her Majcfty (hall think (O think proper, to obtain a good Peace. But they look upon thefe Propofitions as yet, in the fame manner as the Secretary does, to be very dark and general, and defignd to create Jealoufies between her Majefty, that Republic k, and the Allies', but they depend upon her Majefty' s jujiice and Prudence, to prevent any fuch iH Effetl, and hope flie will make the French explain, more particularly, the fever al Points contain d in them. After thefe mutual AfTurances betwixt England and Hoi- land, the Committee is furpriz'd to find not the leaft Com- munication to the States of the Negotiations that were carry- ing on for above five Months together, betwixt England and France, till after the fpecial Preliminaries were fign'd, and thefeven general Preliminaries were concluded and fent to them. In the mean time Lord Raby, not being as yet let into the Secret, freely declares, He thought' it advifeable and neceffary, to go open with the States in this matter of the Propo fit ions } ac- quaints the Secretary, that all the Letters from France agreed \ that all the hopes the French hadfwas to fow Jealoufies among the Allies : And repeats his Advice, That we mufi aft cauti- oufiy with them (the States) that they may have no reafon to ac- cuje pa, for taking the leaft *ieafnres without them. But it was not long; before Mr. Secretary St. John prepa- red his Excellency to have other Sentiments of the manner of carrying on this Negotiation, and in his L etter of the 29th of May, acquaints him with the agreeable News, That it was her Majefty's Pleafure, that his Excellency jlwuld make all poffible hafle to come over, fince her Service may better difpenfe with his Ab fence at this Point of time, than it will perhaps do at another, and fince we mufi now expetl to have very foot upon the Tapis, many Intrigues, concerning which the Queen thinks it expedient that he fiiodd confer with the Minifters here \ ac- quaints him, that her Majefty defignd, upon his arrival, to give him the Promotion in the Peerage, which he had defired. And then, that his Excellency might begin to have fome Notions agreeable to the Senfe of our Minifters, Mr. St. John, in an- (wer to fome very long Letters of his Lordfhip's, full of bis own-Reafonings, and the repeated AfTurances of the Mini- fters of the States to ad: in perfed Concert, and with an en- tire Confidence in her Majefty, tells him in thefe Words, That Britain had gm fo much too far in weaving her Inter eft into (<5) into that of the Continent, that it would prove no eafte Task to difentangle our Affairs without Tearing or Rending. But this work of Tearing and Rending did not at all dif- fourage his Excellency, who waiting then for feveral Pofts from England, ftop'd by contrary Winds, and beginning to fafped that the courfe of the Negotiation was turn'd into a- nother Channel, that the Miniftry here might be fatisfy'd that his Lordfhip could without mach difficulty depart from his own Opinion, he declares in his Letter of June the i6th, 171 1, N. 5. to Mr. Stt John v Ton may be afjured, I will ven- ture any thing and undertake anything toferve the Queen, yon may venture boldly to truft me with the real Intentions, and be afur'd, J will net make further ufeof them than according to my Jnffruclions. He tells htm, if the thing is act u ally gone no fur- ther than it appears, and France has not yet explained, and he had a mind, that hejhould come over for the Queen s Service,he is ready to come in aTatcht,Frigat, hacket-Boat, or anyway \ and concludes in Jhort, Difpofeof me how you pleafe, for all my defire is to ferve her Majefty to her Satis faction, and I (hall nevtr grudge any Danger and Tains ? This voluntary and frank Declaration his Excellency defired in a particular man- ner, might with his humble Compliments, be communicated to the Duke of Shrewsbury and Mr. Harley. The Committee obferve, That if the Dutch had made any Attempt towreft the Negotiation out of the Hands of the Queen, if they had enter d into any feparate Meafures, or taken any Steps that might give juft occafion of Offence or Sufpicion to England, 'tis very probable the Accounts of a- ny fuch Proceedings would have been left by the Miniftry for their own Juftification \ but the Committee do not find the leaft intimation of this kind, and are at alofs to know up- on what Pretence fuch folemn A durances were difpens'd with asfoon asmade,and the Honour and Name of the Queen facrificed to the private views of her Minifters. All Tranfadions betwixt England and France during this time , except two or three Papers, are entirely fupprefs'd, which in Lord Strafford's Inftrudhons of Otlober the 1 ft, 171 1, arefaid to have been carry'd on by Papers fent backward and forward, and much time fpent therein ^ the firil Paperthatisfound^scaU'd^ Private Proportions' fent by Mr. Prior from England, dated July h The next is a Pa- (7) Paper call'd, Mr, Trior's Authority \ this is fign'd, Anne ft. at the top, and A. R. at the bottom, not counterfign'd, and is without a Date, and the Contents are, Mr. Prior is fully Jnjhutled and Authorised to communicate to France our Pre- liminary Demands , and to bring m back the Anfwer. Which two Papers, muft be understood to be Mr. Priors Powers and Inftrudions ; but by an Entry in Lord Strafford's Book fubjoin'd to thefe private PropoGtions carry'd over by Mr* Prior, it appears that Mr. Prior had Orders to fee if France had full Powers from Spain. Thefe Propofitions which were form'd here, leave no room to doubt of the little Concern the Miniftry had to make good the repeated AfTurances that had been given to the Allies, in the Queen's Name, to make the trench more plain and particular, fince in all things that concern the Allies the En- glish Propofals are as dark and general, as thofe that came from France •, and if this ftill could be any Queftion, it is fufficiently clear'd up in a third Paper, entituled, Draught of Anfwer s upon theConference withMonfieur Mefnager, wherein the Britifh Miniftry is much furpriz'd to find That Monfiewr Mefnager had Orders to infifi that the Queen (hould enter into particular Engagements upon divers Articles which depend not upon her, aid which regard the Inter eft of the Allies \ they ap peal to ak the Papers which had beenfent backward and forward during this Negotiation, and to that which was carry'd by Air. Prior, that the Principle upon which they had treated all along xoxs, That France fljould confent to adjufi the Inter efts of Great Britain in the fir ft Place. This is a Principle from which the Queen can never depart, and that it was abfolutelyneceffary to remit the Difcujfion of the particular Intereft of the Allies to general Conferences. By which it appears, that the Minifter of France was inftrudted to treat of the Intereftsof the Al- lies, which the Englifli Miniftry would by no means con- fent to. By Monfieur Torcys Propofals, France offer 'd to treat with England and Holland, either by themfelves, or jointly with the reft of the Allies, not conceiving that Holland could poffibly be excluded from the Negotiation , but it is deter- mine by the EngUfh Miniftry to carry on a feparare Negoti- ation with France, exclufive of all the Allies, and in their private Propofitions an exprefs Article is infer ted, That the Secret (*) Secret flwuH be inviolably kept, 'till allowed to be divulg'd by the Confent of both Parties ± and thereby England put the Negotiation into a Method more advantageous for France , than France had propofed or could hope for. The Committee infert here the firit Part of the Eighth Article of the Grand Alliance,wherein it is ftipulated,iVmr* parti urn fas fit , Bcllo femel fufcepto,de Pace cum Hofle rratlare, mfi conjunclim, & communicatis Confilliis cum altera Parte. What will be thought of fo manifeft a Violation as this whole Proceeding appears to be, of the Grand Alliance, the Com- mittee will not take upon them to determine *, but this Step being once taken, and Secret Preliminaries fign'd upon this Foot between England and trance, before any thing had been finally treated and concluded for the Security of Great Britain, what fatal Con fequences did happen to her Maje- fty's Kingdoms, and what Advantages accrued to the com- mon Enemy,feems to deferve the moft mature Confideration. They likewife obferve, that here, in the very Infancy of /he Negotiation, the Trade of the World v and the entire Spamfh Monarchy which had coit fo many Millions, and the Effulion of fo mucn Blood, without being onceinfirted upon, contra- ry to the repeated AddrefTes of feveral Parliaments, and the declar'd Senfe of the Queen, are given up by the EnglifJ) Miniftry to the Houfe of Bourbon, for Verbal Affurances that the Crowns of France and Spain (ball never be United. There is no Account given of any Correfpondence with Mr. Prior during this his Stay in France, nor does the certain time of liis Continuance there appear. Upon his Arrival in France, Monf. deTorcy in his Letter of the 3d of Auguft, lju,N.S. tells Mr. St, John, he faro with great pie afure Mr. Prior return, after an interval of fo many Tears ', that he could have wi(h*d, he had had greater Liberty to employ thofe Talents which he was per funded he would have made a good Vfe of, but he hopes Monf Mefnager will jupply what he could not do. Up- on his Return he was attended by Monf Mefnager, a Mini- fter of France, veiled with full Powers in due Form, and ■ dated Augufts, 1711. to Treat, Negotiate, Conclude, and Sign with fuch Minifters, as fhould'op of Bnftol, then Lord Privy-Seal, and the Earl of Strafford, are appointed her Majefty's Plenipotentiaries- December. 23d, 1711. fcer Majefty's Inftru&ions to her Plenipotentiaries are fettled and fign'd, upon which the Committee make one Oblerva- tion. Viz.. 7 hat the Plenepotentiaries are order'd, to infift that the Security and reasonable Sat U fiction which the Ahes expetl, and which hi s jr oft Chriftian Mijcfty has promts d, can- not be obtain d, //Spain and the Weft Indies be allotted to any Branch of the Houfe of Bourbon \ fo that hitherto the Queen thought fit to declare in all Publick Ads, that Spain ano the Weft Indies ought by no means to be left in the PoiTcflion of the Houfe of Bourbon \ altho' in the Special Preliminaries , fign'd by the Earl of Dartmouth and Mr. St>John, on the 27th of September preceding, the Kingof France did exprefly promift to nuke good the fixth Article for bimfelf, and for the Kingof $fn&, purfuant to the Powers which were then in his Majefty's Hands. On the 15th of January 171 i-iz : the British Minifters ar- rive at Vtrecht \ who by their general Inftm&ions being order'd to concert Meafures with the Minifters of the Allies, and at the Begiri:nr;g purfuing thefe Diiedions •, Monfieur de Torcy, on the 31ft of January, writes to Mr. St. John, and tells him, he perceives there was not fo ptrfeft a Confidence e- ftaKftia betvr. ten the Plenepotentiaries of France and Great Britain, as was to be defir'd : He believes therefore he will think it proper to fend to the Bifhop of Briftol and the Earl of Straf- ford more precife Injhutlions, concerning the manner, in which they were to concert their Proceedings with the Kings Plenipo- tentiaries. And in the Anfwer to the Memorial fent by Monfieur Gaultier, March the 28th, 1712*, it is declared, the principal Order that the King had given to his Plenipotenti- Jtries, when they jet out for Utrecht, wat to eftablifh a ftrifi Intimacy between them and the Minifters ofthcQ e/Gr.Britain. On (2 7 ) On the 29th of 7^«.iry, at the Firft General Conference, Lord Strafford decUred, that the Queen had receiv'd the General Fropofitions as a Foundation for a Negotiation of Peace: but that they were binding ro France only, and not to the Allies •, to which the French Minifters readily afTented. But this was meant of the Fropofitions fign'd by Monfieur Mefnager only, the Congrefs not having the Jeaft Notice or Cognizance of what was fign'd, both on the Part of France and England too *, which had been hitherto conceal'd, and upon all Occafionspublickly difown'd. On the nth of February 1711-12, the French deliver'd a fpeciflck Explanation of the General Preliminaries, fign'dby Monfieur Mefnager: Upon which it is obferved, that the King of France here makes, as well as in the Special Prelimi- naries^ his firft Offers, in the Name and by Virtue of Pow- ers from his Grandfon as King of Spain; now the Britijh Plenipotentiaries could reconcile this to their Inftru&ions, and how their Behaviour upon it is to be juftify'd, is not very clear. This Explication was received by all the Allies with the greate/t Indignation and deepeft Concern -, which bad fuch an EfTed, that Lord Strafford in his Letter of the j6tb of February, 171 1- 12, fays, the French Miniflers are mortify d at the general Di [content thefe Offers gave j andfeem to wijh they had put in Tournay/ar the Dutch, and St. Venant to be demelifhed, to have foftned the matter at its fir ft coming out. Nor were the Britijh Plenipotentiaries without their UneafinefTes : They had done all they could, Lord Strafford fays, to perfwade the French to be as ample in the Expli- cation as they could, being that is what will have a great Ef- fect, andfirike the Minds of unthinking People, and make fome Work for Reflection for the Faction. The Plenipotentiaries complain, they are under great Difficulties on all Hands, for both Buys and Mefnager think they come fhort of what had been told them in England. But Mr. St. John foon fends them Words of Comfort, that Mr. Harley will fet out in a few Days, who is fully inftru&ed in all the Queen's Views and Defires ; That it were to be wiftid this Gentleman could have been fooner font, but the Hurry which we have been for fome time in is inexprefjible ; and he was too ufeful to be fpard, 'till the Houfe of Commons was per feci ly fecur'd to the Qjteens Inter eft) and to the Meafures of Peace. I think I may fay D z they ( 2 8 ) they are abfoliitely Co now. Hereupon the Committee take Notice of the Reflection caft here upon that Houfe of Com- mons ; as if they were fecur'd to the Queen's Intereft, and the Meafures of Peace, by the Management of a Secretary to the Treafury, a near Relation and a trufty Agent of the Lord High-Treafurer : They add, that 'tU plain for whofe life and Service Mr. Harley bad been employ 'd at home, and was fen t abroad j/i nee Mr. St. John gave Monfieur de Torcy an immediate Account of his fuccefsful Endeavours here, and the Bufinefs he was fent abroad to manage. Adding, the Queen hoped, his moft Chr. Ma], would co-operate with Her. Mr. Hark) 'si nft ructions do not appear, but it feems the Sub- ject of them was not proper to be committed to Writing \ for which Reai'on, as in almoft all Matters relating to the Pretender, it was referred to Monfieur Gaultier to explain them 5 but what is meant by the neceffary Difpofitions made amo g our People here at tiome, is explaind by Monfieur de'Ttrcy, in a Memorial dated the 28th of March 1712, in Aniwer to what was brought by Monfieur Gaultier ■, wherein her'iTe ids the prudent Conduct of the Court of Britain^ in u^naging the Houfe of Commons, arid in particular their wife Condi: ft in making known to the Hcufe of Commons, that the Nation was abus'd by its Allies j and fays, the K. of France affitres himfeJf, that thofe who novo manage with fo much Capacity the Affairs of the Queen of Great Britain, know how to\ curb the Paffionofthe turbulent Party in the other Houfe. The Allies at Vtrecbt met together on the 4th of March, N. S. to communicate their refpedive Demands, and agreed that a Claufe fhould be inferted therein, for a juft and reafo- nabit Satisfaction for all the reft. Count Zinzendorfffarthcr infifted, that the Restitution of the whole Spamfli Monar- chy fhould be exprefiy mention'd. The Dutch declare they wererefolvd to make good all their Treaties, made on oc- cafion of this War. But our Plenepotentiaries were the only Minifters that did not make any mention at all of Spain and the Indies *, They were fcnfible of the difadvantagious Confe* quences of their filenccjhey were defirous to take off this Odium, by fteming tofayjemething, and in reality to fay nothing j which they did by a general Declaration concemingthe juft and reafen- able Satisfaction for the Queens Allies , m Conformity to her At' (29 ) Alliances \ and humbly hop y d what was f aid would not be found contrary to what had hitherto been declard. On Mar. 5, the fpecifick Demands of the Allies were de- livered to the Fren. Pknipo's in Writing-, they promife to explain themfelves further upon fhem at the next Conference, which was to be the 9th ; and then defir'd a further Time to the 30th. On the 30th the Fren. Plenipo's declare they were ready to proceed in the Negotiation, by debating with the feveral Allies \ but would give no Anfwer in Writing: Which was a great Surprize to all but the Brit. Minifters, whom the French had beforehand advis'd with. The Allies ftill refolv'd to prefs the French to anfwer in Writing, and follicite the Brit. Minifters to join with them in it -, who, that no Mark of Difagreement might appear (as Their Lps exprefs themfelves in their Difpatch of Apr. 1, 1712) did fi- nally confent to an Inilance that was to be made the next Day to require an Anfwer in Writing. But Ld. Str-d had before given Mr. St. J-n an Account of his Opinion, in his Letter of Mar. 25. wherein he fays, He believed the French had taken the wifejt Party not to anfwer in Writing, M moft of the Minifters of the Allies will be fur- priz'd, expecling thevJJwuld. And fays further, J believe it is befi they fliallfirft begin in the open Congrefs to reafon aponfomt of the Allies Demands^ which will occafionfo much Difficulty^ that the Minifters of the Allies will propofe debating feparately^ which had better come from them than any one elfe. The French Minifters Hill perfift in their Refufal, upon which the States came to a Refolution at the Hague^ not to treat unlefsan An- fwer was given in Writing. However *he French continue obftinate. Lord Strafford fends an Account that a Refolution was taken at the Hague to carry things to an Extremity. \ upon which Occafion Mr. St. John exprelTes himfelf in this manner, April 5, 17 12, That he hopes the Refolution taken at the Hague, was the laft convul- five Pang of an expiring Fa&ion. And yer this Refolution was no more than to infiiton a Demand, in which all the Al- lies were unanimous, and in which the Brififi Plenipo's had concurred. But this Proceeding is accounted for in Ld, S-d's Letter of Apr. 27, 1712, wherein he fays the Penfionary was extremely defirous the Fr. would anfwer in Writing, which ('tis His Lp's Opinion) they will evade till they fee what Suc- cefs ( jo) cefs Gaukier has had at London ; and in his Letter of the 30th, The Fr. will avoid giving their Anfwer in Writing^ till they fee all agreed betwixt their Court and wrs. And to ihew that theFr. were very weii latisfy'd with the Method their Eufinefs was in, the Plenipu'sin their Letter of Apr. 15, 171 2, fay, They do not find the Fr. are much con* vinc 9 d : of the Neceffity of Difpatch, and when any thing is let fall of breaking off the Conferences, theyfeem t» take it with a great Air of Indifference, well knowing their Bufinefs wm not t9 be done at Utrecht, but by a Negotiation carry d on dire tlly be- twixt London and Verfailles. The Beginning of Apr, Mr. Harley and Monf. Gaultier arrive ztVtrecht^ and a few Days after, the Fr. Plenipo's communicate to the Britijh Minifters a Plan for a Gen. Peace \ but under the higheft Obligation of Secrecy, to difcover no- thing to the reft of the Allies. Our Plenipo's accept this Plan as a Mark of the great Con- fidence France had in them*, readily engage that the Allies ihould not know a Word of it •, and under the lame Caution fent it to the Secretary : Tho* there is no Room to doubt, but this Plan that was tranfmitted to England as a great Difco- very, was concerted here, and fent by Mr. Harley to Vtrecht, and by Abbot Gaiduer to Fiance, To fhew how candidly we dealt with the Q'sgood Friends and Allies, as Her Maj. was pleas'd to ftyle them, the if per Cent, upon all the Goods and Manufactures of G. Br. which was offer 'd at firft as one of the chief Bribes toEngland tocome into this dejiruttive Peace, Monf. Mejhager Bad now ex- plain'd away, and confind tofuchGoodsas werecarry'd not to Spain, but to thz Span. W. Ind, only} and our Minifters finding that Fran, would not make this effectual, Mr. Har- ley is order'd to let it drop. * But fee the Ufe that is to be made of this Infincerity of the French \ at the fame time that Mr. St. John acquaints our Plenipos with Her Majefty's Confent to give-this up, he tells them, But yen will take care to do this in fitch a Manner, as not only to get fomethingfor it another Way, but alfo to render this Conceffion of the Queen a Means of bringing the Dutch to Reafon, and to a Compliance with Her Mtjefiy's Meafures. Ld. Pri. Seal Ap, 29, 17/2, acquaints Mr. Secret. Oar Negotiation is at a Jt and, till the Fr. Minijhrs are ready to return one Anfwer or ether. And MdQ . of Ormond by Mr. St. John to avoid engaging in any Siege, or hazarding a Battle till further Order. And he it due- led to difguife the Receipt of thU Order. Her Majefty thinks be cannot want Pretences for condutling himfelffo as to anfwer her Ends, without owning that t which at prefent might have an ill Effetl, if it were public^ If known. On the fame Day that thefe Orders are fent to the Queen's General with Directions to difguife them, which was to conceal chem from the Confederates, they are communicated to the Queen's Enemies. Abbot Gaultier will give you an Account, fays Mr. St. John to Monf. de Torcy, of the Orders I havejufl now difpascb'd to the V. of Ormonde." What Mr. St. $obn hirafelf thought of the Importance of this Order is to be learn'd from his Letter to Mr. Prior, September the 19th 1712. The moment 1 read the Queen a Letter from Monf. de Torcy, by which it appear* d that the K^ of France would oblige hit Grand/on to accept of the Alter- native of quitting one of the two Monarchies, her Orders were dif- piictid to the Duke to engage in neither Siege or Battel: And foe pre- vented the Frencb^rom even making the Demmd. I will not fay that this Or Air favd their Army fiom being beat t but I think, in my ConfeU ence, that it did. On the 24th of May 17 ia> Mr. St. $ohn writes again to Monf, de Torcy, alrho' they had yet receiv'd noanfwer from Madrid con- cerning the Renunciation, but being prefc'd in time, and finding it neccffary for the Queen to make the Communication to Par- liament, that me had promia'd, of the Terms on which a Peace might be made; he acquaints him with the Steps the Queen was refolv'd to take: Provided the moft Chr. King would render them practicable for her. And in a Memorial of the fame date, fpecifes the Conditions upon which her Maj. contents to make fuch important Seeps, and decilive peclarations to her Parliament, as thefe which follow. 1. That fhe had fettled with France the Inter e sis of Gr. Britain. 2. That fhe looks upon theJnte- refts of the other Powers engaged with her in the IVar, as eafie to be adjufted; fmce the Kjng offers to the greateft Part of them, very new whit they b&ve demanded} md to all a juft and reafonable S&tti- fatltov^ (?7) fift'ioti. $* That jhc mil fet about accomodating the Affairs of her Allies; and that to prevent all the Obftruttions which the Events of the Campaign might occafion to the Negotiations of Peace \,fhe had agreed with the KJngto a Sufpenfion of Arms, The Conditions fpecify'd in the Memorial, are Demands relating to North America, tQ Commerce and the Sufpenfion of Arras. In the Article concerning Commerce, it isfaid, That fe- vered Points relating to Trade requiring a longer Difcuffion than the prefent Crifis would admit, and the Queen being much more intent upon fecwring the General Peace, than any particular Advantages-, demands only, Firft, That Qommif faries (hould be namd on both Sides to meet at London, there to examine and fettle the Duties and Impofuions to be paid refpeclively in each Kingdom. 2dly, That no Privileges or Advantages relating to Commerce with Vtance, jhall Time be yielded to any foreign Nation, which Jhall not at the fame be granted to the Subjecls of her Britannick Majefty ; as like- wife, no Privilege or Advantage in relation to the Trade of Great Britain jhall be yielded to any foreign Nation, which (hall not at the fame time be granted to the Subjecls of France. As to the Sufpenfion of Arms, Her Majefiy willconfent it jhall be made for two Months : Provided id, That within the faid Term the K. of Spain (hall either make the Renunciation demanded, or fhall yield Spain to the D. of Savoy, upon the Conditions mention d in Air. St. John\f Letter of the. 29th of April, O.S. 2dly, That the French Garrifon jhall evacuate Dunkirk, and the Queen's Troops be admitted^the fame Day that the Sufpenfion of Arms fhall commence. 3dly, That in cafe the States General fliall at the fame time con fent to the Sufpenfion of Arms, it feems reafonable they jhould have the Liberty of putting a Garrifon into Cambray. Upon thefe Conditions the Committee obferve, That altho' it was daily inftill'd into the Minds of the People, that the great Advantages in Trade and Commerce fecur'd to Great Britain, were the chief Inducements to the Mini- ftry to engage in thefe Meafures with France, it is here declar'd they were more intent upon the General Peace, than any particular Advantages. And whereas it was laid down as a Principle from which the Qneen would never depart, that the Interefts of Great Britain fhouid in the firft Place be adjufted •, and the great Advantages ftipulated for thefe Nations, before the Conclufion of the Peace, were (?8) were to jufr ifie the Peace, and all the Steps that were taken to procure it j it is now Evident that no mention was made of our Trade in Spain -, and for our Commerce in General, the fettling of that was poftpond, and all Points in Dt» fpute betwixt Great Britain and Prince y were to be refer- red to CornmifTaries ^ which Proportion was not demanded, by France but voluntarily offer'd by Mr. St. John. On the 8th of June, 17 12. N. 5. Mon f. de Torcy fends an* Account, That the K. of ^pain, had chofen to keep Spain and the Indies, and to renounce for himfelf and his Defendants, the Right 10 the Crown of France: Which principal Obftacle to the Peace being remov'd, the K. 0/ Franc* expects that the Queen will now clear the reft of the Difficulties, which may objlrutl this great Work', by making fitch Declarations as had been promised upon the Return of the Courier from Madrid. Adding, the- King thinks the fir ft and mo ft urgent is } to fettle a Sufpenfion of Arms, either General, or at leafl between the two Armies in the Low Countries, which may continue till the Conclufton of the Peace. On the 10th of June, N, S, Monf de Torcy acknowledges the Receipt of Mr. St. Johns Letter of the 24th oiMay,O.S. together with the Memorial*, and fends another Memorial in anfwer to the laft Demands of the Queen. He takes Notice, That the Letters from the Army mention the Defign to invefi Quefnoy, in order to beftege it\ but the King cannot think that the Queen approves of fuch an Undertaking, much lefs that her Troops fljall be employed to* render it Succefsful : He concludes, that if a Sufpenfion is not immediately made, we may find our felves indifpenfably drawn into fome great Event, which he hopes the Secretary's Prudence and Care will prevent. And altho' in the Anfwer to the Queen's Demands, nothing material that wasask'd for our Trade in North America is granted, the Evacuating of Dunkirk, and admitting an Englifli Garrifon is not agreed to, and the receiving a Dutch Garrifon into Cambray is abfo- ktely refus'd, which were propos'd as Conditions of the Sufpenfion of Arms ; Monf de Torcy hopes,That this return to the Queen s Demands will occafton no new Trouble, but as the Beginning and whole Cottrfe of the Negotiation was carried en upon the Bona Fide, and a mutual Confidence of which they badjeen the good Effects ', it is neceffary to banijh all Diftruft, and the Queen to rcyofe an entire Confidence in his Maj. with- out ( ?9) §ut inffiing on Demands -which may ferve only to create Jea- loufies* On the 6th of Jane, O. S. Mr. St. John owns the Receipt of Monf. de Torcys Two Letters, and fays, altho' the K. of France had notanlwer'd the Queens Demands ac- cording to Expectation, yet fhe would not defer going that Day to Parliament, and making all the Declarations that were necefTary to render the Nation unanimoufly inclin'd to the Peace:, that (he had not, indeed, mention'd to the Parliament the Sufpenfion of Arms, but had commanded him to acquaint Monf. de Tony with the Refolutions fhe had ta- ken in Relation to it, and infifting upon the Renunciation as the Capital Point of the .Negotiation*, and for which, Her Majefty would rather depart from almoft all the Points that had been agreed upon, than leave that to any Uncertainty : Upon this Foundation the Queen hopes, that the moft Chr. King will not find any thing Offenfive in the Demands, which fhe found her felf oblig'd to renew, be- ing Conditions for a Sufpenfion of Arms between the Two Armies in the Netherlands j which if the King confents to, fays Mr. St. John to Monf. de Torcy, Ton have only to fign and fend to the D. of Ormond, who at the fame time that he takes Poffcffion of Dunkirk, will declare to the Allies, that he has Orders to aft no further aga'wfi France. He acquaints him that the Ld. Strafjord was going back to Utrecht, that the Inftr actions he was to carry will % according to yonr Defire, put the Queen s Plenipotentiaries in a Condition to keep no longer thofe Meafnres to which they have been hitherto obliged to fubmit, but from henceforth they may openly join with thofe of Trance, and give Law to thofe who will not fubmit to juft and reafon able Conditions, The Committee infert* here an ExtracT: of a Notable Letter from the E. of Strafford to Mr. St. John 9 of the 30th of April, 1 J 12. Thus you fill fee the Temper here y and the Time it will naturally take to get the Dutch (if they will at lafi fettle a Plan) before it can be done, Jou fee the Events we are expofed to by the Operations in the Field the mean time, and you have it by this time in your Power to terminate all, and even to flop the Operations of the Army for a Month, till the Negotiation is entled one way or other : There is no Pretence now it can be a Prejudice to us, fhould * Ceffation be made \ for the former Pretences are out of Doors^ (4o) Doors, of its being impojfible for the French to make Maga- zines for their Army to take the Field as foon as ours, and having burnt thefe Magazines at firfi affirmkl impojfible to be made, for us by that means to be Majters of befieging either Cambray or Arras, and our Army's marching to Paris is fiopt at leafi for this Summer in all Appearance. The French are now better pofled than we are , their Army is much fironger. We cannot march to fur prize them in o- ther Parts of their Lines till we have Green Forage, which wo'nt be up thefe Three Weeks atfooneft. They have all their Troops up, and we want a great Part of ours, especially the Imperial iffo, who, 'tis [aid, cannot join the Army in a Month ytt $ fo that ?iow the Advantage of a Ceffation of Arms is on our Side, if they will for the fake of a Peace confent to it. If, upon thefe and other Confiderations, a Ceflation is thought in England neceffary, the Queen mufl not propofe it, but at the fame time be refolved to put it in Execution on her Side, if agreed to by the French ', becaufe fuch a Propofition will be fare to meet with Oppofition,unlefs back'd with Refolu- tion,and may have the Effetl of making thofe who delight in War undertake with fo much the greater Precipitation fame defperate Attempt. Upon what groundlefs Allegations the E. of Strafford did here advife a Sufpenfion of Arms, is fubmitted to the Confideration of the Houfe. The Articles for a Sufpenfion were figned by Mr. St. John, June 6. O. S. and the Anlwer was fign'd by Monf. deTorcy, June 12, 17 12, N.S. The next Day, June j y O. S. Mr. St. %ohn writes a private Letter to Monf. de Torcy, exprcffing the utmoft Confidence in the good Faith of the moii Chr. King *, thinks it necefTary to haften the Peace \ tells him, it will frighten the Dutch to be told the Queen will a& no longer againft France ; and that if they do not haften to make their Agreement, they will have a Burthen upon their Backs which they are not able to bear. On the fame Day Mr. St. John fends to the D. of Ormond Copies of thefe two lait Letters, and of the Memorial fent to the Marquis de Tony. Tou will perceive by them, my Lord, ( fays hej that the Queen infifis on the Execution of the Article relating to Spain, and on. the Deli- very of Dunkirk , m as Points without which Jhe will not de- clare for a Ceffation of Arms in the Netherlands j but if thefe (40 tbefe Condition* are accepted, and fent fvgnd by the Mirq. dc Torcy to your Grace, and Dunkirk put into your Poffeffion, you arepublickly to own that you can all no longer arainft the French. If they are not eonfcnted to, you are entirely free from Reftraint, and at Liberty to take all reafonable Mea- sures that are in your Power for annoying the Enemy. It is probable the Ml. Villars, may receive the Orders which will be fent him from Verfailles within a Day after this Letter will come to your Hands. Your Grace will therefore lofe no Time in acquainting him, that you are in Expectation of hearing from his Court that which muft determine your Proceedings \ and that, according to the K's Refolution, you are either to look upon your [elves on both Sides as freed from any Reftri- tlive Orders, and in full Liberty of Ailing againfi each other > or that you are openly to declare for a Ceff.it ion* And here the Committee think it necefjary to go a little back, and obferve what Orders and lnftrudions had been given to the D. of Ormond, and what Accounts he had fent of his Proceedings during the Time the Correfpon- dence, relating to the Renunciation, was carrying on. On the 1 2th of April 1712, N.S. his Inftrudions are fign'd by the Queen, He is order* d to repair fir ft to r/?^iague, and to fee the Penfionary, before he puts hitnfelf at the hfead^ of the Troops; to exprefs to him the Queens RefoUiilon of pr effing the iVar with all pojfible Vigour \ to affure him he is prepard to live in a per feci good Correfpondence with all the Generals, and particularly with thofe of the States \ to inform himfelf what Plan haA been agreed for the Operation of the Campaign : And as fioon as be arrives at the Frontier, to meet with Pr, Eugene, and fitch of the Generals asJJjall be in the Secret, and with them to concert the proper Mea\ ures for en- tring upon ASlion, The Committee conceive thefe Inftru- dions fign'd by Her Majeity mult be the Rule of his Grace's Actions till countermanded or revoked by equal Authority % there being no general Direction in them to follow fitch fur* ther Orders as he fliould receive from a Secretary of State. The 24th of April, N. S. the D. of Ormond gives the Secre- tary an Account, c That, according to his Inflections, he ' had given the Penfionary all the AfTurances of carrying ' on the War with Vigour, and acting in Confidence with the Allies, and more efpcecially the Dutch \ which were F * receiv'd (42) received with the greateft Profefiions of Duty and Refpeft to her Majefty. " On the 30th his Grace was in Confe- ence with the Council of State, where,' there were great Exprefiions of Duty to her Majefty. They told him there was no particular Refolution taken as to the Operation of the Campaign, but left it to their Generals, who with their Deputies are to aft rn Concert with the Generals of the Allies j and that they had given Orders to their Generals to live in a good Correspondence with his Grace. And yet onrhe2Sth of April, O. S. which was before it was known France had agreed fo much as to propofe to the King of Spain the Alternative of the two Monarchies , wnieh was not till the 18th of May, N. S. Mr. St. John begins to give the Duke of Ormond fome diftant Hint cf the Scene that was afterwards to be open'd, and tells him, 1 Thecueen inclines tube of Opinion, that all the Troops, c whether Subjects or Foreigners, belonging to her, fhould 'be immediately under his Urace's Command. There may 'have been formerly Reofonsfor ufing a different Meth®d, * but there feems at pre Tent to be fome of a very ftrong Na- '.ture for taking this, and perhaps thefe may every Day grow 'ftill ftrorger. InGnuates there may be Reafons to be c jealous 01 Prince Eugene \ and on this Occafion his Grace 4 is directed to be more cautious for fome time of enga- ging in an Action, unlefs in the Cafe of a very appa- rent and confiderable Advantage, upon Pretence of wait- c ing till the German Troops were all arriv'd, that they may 'have there Share, if there is to be any Action. On the 10th of May N. S. the Duke of Ormond acknow- ledges theReceipt of two Letters fromMr.St. ?-»ofthe 16th and 22d of April, neither of which appear. But his G. fays in Amiver to the Secretary, / am of your Opinion, that a bat- tle won or loft would at this time make very great Alterations in the Treaties now on foot : But you remember that, in my In- ftructions, I am order d to all inCdnjuntlionwith the Allies in profecuting the War with Vigour ; fo that, (liould there happen^ a fair Opportunity to attack the Enemy, I cannot refufe it, if proposed by the Prince and States. But I hope to have the Mef> fenger before the Armies are formd, which will be in 3 or 4 Days. On the 12th of May N. S. the D. of Ormond ex- prefTcs ftill the fame Uneafinefs, wifhestohear from England that (4?) that tlie Peace is near concluded, but hopes, if itbedelay'd, wc fhall have the good Fortune to force the French to comply with the Qn's Demands. But his Grace was now foon put out of his Pain by the Order mention'd before of May the ioth, O. S. not to engage in any Siege or hazard a Battle. On the 25th of May, N. S. The Duke of Ormond writes two Let- to Mr. St. John, a private and a pnblick Letter. In thefirft, which was his private Letter, and all wrote in his own Hand, his Grace acknowledges the Receipt of bis Orders, not to engage in Siege or Battle ; to which he promt fes an ex aft Obedience, and to keep fecret his having received any foch Command, and will endeavour to hinder its being fu [peeled. Put Prince Eu- gene and the States having propoid to attack the Enemy. ,or, if that be found too hazardous, to befiege [Quefnoy, his Grace fears it will be very difficult for him to difguije the true Reafon of his eppofing allPropofals that fhall be made for undertaking any things having no Excufe for Delays, all the Troops they expelled, and the heavy Cannon, being to be here on Saturday : And he fays, if he could have found Forage there, he would have madefome Pretence to delay the March, tho the Difpofnions of it were made before he received this Letter. But on the fame Day his Grace writes another publick Letter to Mr. St. John, after he had receivd the Letter of the ioth, as is exprefly faid ; wherein he takes no Notice of his Orders not to engage in Siege or Battle, but fpeaks of his having reviewed the Englifli Troops, and found them in fo good a Condition, that mufi convince all the Allies how gronndlefs the Complaints are that have been made of our Backwardness, of which he fays, I believe you will now hear no more. He goes on. If we find an Oppor- tunity to bring the Enemy to a Battle, we flail not decline it. On the 28th of May, the D. of Ormond, in his Letter to Mr. St. John, (ays, Tefterday Prince Eugene and the States Deputies defird that I would confent to fend the Quarter- Mar fters to view the French Camp which I con d not refufe, without giving themfome Sufpicion of what I am order d to difguife *, bntlwasfure that nothing of Atiion couldhappen, the Enemy being behind the Schelde. The Detachment that went with them were Forty Squadrons, and all the Grenadiers of my Army to fupport them and make good their Retreat,fliould the Enemy have endeavour d for to have attack'd them. They went as far (I WW the Horfe) as Catelet, where the Right of the Enemy's F Z Army (44) Army lies, and are come bad without feeing any o) the French on our Side the Scbelde. The Diflance between the Head of the Somme and that of the Schelde is not above a League and a Hm, rvh.'ch is a Plain, and the Enemy have not yet offer'd to throw up any Retrenchment: Maybe to Morrow they will begin to work, fince they have feen our Troops reconnoitring that Way. Prince Eugene and the Deputies being to dine with his Grace the next Day, he was under Apprehenfions they would prefs him to undertake fomething immediately, which it would be very hard to conceal tht true Reafon of his refufing, having no reafonable Excufe for it. " In this Let- ter his Grace gWes an Account of a Letter that he had re- ceiv'd from Marefchal Miliars, and the Anfwer that his Grace wrote to the Marefchal. This Correfpondence, which on both Sides is infifted upon to be kept as the moft abfolute Se- cret, is founded upon a Poftfcript in Mr. St Johrfe Letter of May tbe ioth to the D. of Ormond *, wherein he tells his Grace, c Communication is given of this Order to the * Court of France ^ fo that if Marefchal Pillars takes any ' private way Notice of it to you, your Gr. will anfwer ac- 1 cordingly. ■ May tbe 25th. N. S. Marefchal Pillars ac- quaints his Grace, c That he had the King's Orders, and the 1 Queen of England's Confent, to write to him as foon as he c receiv'd the Courier •, and whatever Glory is to be acquir'd * againit a General whofe Valour is fo well known among * them, he defires him to be aflur'd that he never receiv'd 1 more agreeable News than that they were to be no longer 1 Enemies. ' The D. of Ormond in Anfwer acquaints him, That he had receiv'd Orders from theQ. upon the fame Sub- Jed, to which he would not fail to conform himfelf in the moii exad Manner. But his Grace proceeds further than the Direction given him by Mr. St. John, and fays, c The * Motion which we are going to make is principally for the * Subfiftance of our Troops fo that you need not be under *any Apprehenfion at this March :, at leaft 1 can anfwer for * the Queen's Army which 1 have the Honour to Command. The Committee is at a Lofs to account for this Tranfadion, nnlefs his Grace had Orders not only not to ad againft France, but to give the French General Intelligence of all that was defignd in the Confederate Army. The (45 ) The Report being triads by the Quarter Mafters-General, who went with the Detachment to view rhe French Camp, and the O- verture between the Sources of the Sornme and the Sckelde y and they all agreeing that the Ground was as advanta&ious, as could be, to fall upon their Flank and Rear, it was proposed to the D. of Ormondy to march without the leart Delay to the Enemy, and to attack them. You may eanly imagine, fays his Grace in his Letter to Mr. St. John of May 29th, The Difficulty that 1 was under toex* cufethe delaying* Matter, which y according to the Informations J had from the Quarter Mafters-General, and fever al other General Officers that went out voith the Detachment, fee m'd to be fo practicable y thebeji Excuje J could make wm Lord Strafford's judden Voyage to Englaud, which. gave me Reafon to believe there mufi be fomctbing, of Conjequence tranjallinz, which a Delay of Four or Six Dap would bring to Lights and therefore 1 defired they would defer thU Undertaking, or any other, untill I jhould receive frejh letters from England. The Committee cannot better reprefent the fovourable Opportunity that was here loft to the common Caufe, and the Advantage, or rather Delive- ance, that was fecured to the Common Enemy, than in a Letterr from the Deputies of the States to the D. of Ormond y June the 4th, A'. S. Which is inferted at length in the Appendix ; But thefe Reprefentations, and the prefling Inftances made by Prince Eugene, were entertain'd by Mr. St- John as afecled Alarms and Clamours raifed with much Induftry, yet fuch as gave Her Ma)efty no Vneafmefs. But they made fome Impreflions on the D. of Or. mond, he grew fenfible of the ill Blood and Diffatisfa&ion caufed among the Allies, who did not pick to jay we were betraying them* He fends an Account, that Prince Eugene and the States Deputies had refolvedto befiege Quefnoy, which Place was that Day, June 8. tt y S. 171?. inverted ; and though he had nothing to do in the Operation, he could not refufe furniuYmg fome Troops in the- States Pay, but had avoided giving any in the Queen's whole Pay. On the 7th of June, 0. S. Mr. St. John fent to the D. of Or- mond his Letters of the 6fh and 7th to Monf. de Tony, and the laft Articles propofed by Great Britain for a Sufpenfion of Arms; and it is obferved, that hitherto it was an entire Secret between the Englijh and French Courts and their Two Generals, that neither Siege or Battle was to be engaged in by the D.of 0. P. Eugene, and the wholeConfederacy were as yet amufed with hopes that the D.of Ormond might be permitted in fome Degree to comply with his In- ftruclions, and the folemn and repeated Affurances that had been given, to aft in Conjunction with the reft of the Allies: But the Time was now come, when the Secretary's Care and Prudence was to deliver the French King from the Apprehenfions under which Monf <{e Torcy had fo often declared him to be for the Events of (46) or this Campaigu ; And altho' the Sufpenfion of Armi was prefs'd and infifted upon by France, and was to be granted purely for the fake and Prefervation of the French Army, which in all reafou fhould have brought them to a Compliance with the Demands Fent from England ; yet fo very tradable did our Miniftry prove, that frame's refufing the Conditions at firft propofed for granting a Sufpenfion cf Arms, had no other Effect but to make us lower^ the Terms upon which they were to accept what could be no Ad-" vantage to England, but was of thehigheft Importance to Fiance. When thefe laft Conditions were fent to the D. or Ormond, with the Orders that attended them, xt is to be obferved, that Mr. St. $ohn declared the Q. infifted on the Execution of the Article rela- ting to Spain, and on the Delivery of Dunkirk, as Points without which (he would not declare for a Seflation of Arms: So that if rhefe Conditions were not abfolutely confented to, if the Anfwer from France, which was to determine the D. of Ormond's Meafures, was not fign*d by Monf.ie Tony, and Dunkirk was not put into the Poffeffion of the D.of Ormond, his Grace was at entire Liberty to a& againft France ; but upon thefe Conditions the D. of Ormond was ordered immediately to declare a Ceffation of Arms. The Com- mittee think this Orier in itfelf of a very extraordinary Nature, altho* conditional ; and the Miniftry feem in very great Hafte to give all up into the Hands of France, when the Queen's General, at the Head of a Confederate Army jn the Field, at that Time covering a Siege, which the Allies were engaged in, fhould be or- dered to govern himfelf according to fuch Significations as fhould come from the Court of France, and thofe tranfmitted him by the General commanding the Enemy's Army, whofe Duty it was by lores or Stratagem to raife the Siege, or gain any Advantage he could over the Allies. Ontbe22dof tfune, N: S. an Anfwer to rbe Propofals laft fent over was tranfmitted to Mr. St f John, figned by Monf. de Jorcy, with Two Alterations, one no lefs material, than whereas it was demanded that the Renunciation fliould be ratified by the States of France, which had been mentioned before •as one of the chief Securities to make it effectual, it is here fub- ilituted, thititjball be regifter'd in the feveral Parliaments; An4 ro the Article of Dunkirk is added. That all the King*s Officers, both Land and Sea Officers, fhal] have Liberty to ftayat Dunkirk, and to execute their feveral Offices. On the fame Day, Monf. de Torcy writes two Letters to Mr. St. John, the one a publick Letter, explaining at large the Alterations ; the other a private Letter to prevail with him to confent to thefe Alterations. And it is obfer- ved, that there are feveral Inftances of fuch a private Correfpon- dence between the two Secretaries. At the fame time, a Copy of the Memorial and the Anfwer was fent to the Marefchal ViUars } who with his Letter of the 24th of fun?, W. $• fends «the Copies to the (47) the D.of Ormonde and tells him the Originals were Tent to England ; and doubts not but the Sufpenfion of Arms would immediately take Effect. But it appears by the D. of Or- mond's Letter to Marefchal Hilars of the 25th of June , That thefe were only Copies and not fign'd, for his Grace wilhes that the Marquis de Torcy had fign'd them, as being more a- greeable to his Grace's lnftruftions, but that he may not ftop fo good a Work by Difficulties and Scruples, he will not infift upon Formality : He promifes to go immediately to Prince Eugene, and the States Deputies, to perfwade them to aban- don the Enterprize upon Quefnoy, and to declare, That in cafe of a Refufal, he (hall be oblig'd to withdraw the Qn's Army^ and as foon as the Troops which he fhould detach for that purpofe had taken Poffcflion of Dunkirk, the Sufpenfion of Arms fhall take place. On the 27th of June, the Duke acquaints Mr. St. John That he had been with Pr. Eugene, and the States Deputies, and had acquainted them, that the French King having agreed to feveral Articles demanded by the Q. as the Foundation of a Ceffation of Arms, he could no longer cover the Siege of Quefnoy \ but was oblig'd by his Inftru&ions to march with the Qn's Troops, and thofe in Her Majefty's Pay, and to declare a CefTation of Arms as foon as the Town of Dunkirk was deliver'd up. Afeer this Conference with Pr. Eugene, and the States Deputies, his Grace according to his Promife, fends a fecond Letter to Marefchal Hilars of the fame Date, and tells him, He appre- hends that the Generals of the Auxiliaries paid by the Qtuen, •frill not leave Prince EugeneV^-wj/ without particular Orders from their refpeclive Ad afters. An Account of this being fent to the Court of France, Monfieur de Torcy difpatches an Ex- prefs June the 27th, N. S. and declares if the Foreign Troops in Englijh Pay did not abandon Pr. Eugene's Army, the Con- dition upon which Dunkirk was to be deliver'd being not per- form'd, it would be unreafonable for England to. infift that Dunkirk fhould be given into their Hands *,and appeals to the Title of the Memorial, that imported a CefTation of Arms between the two Armies in the Netherlands : He infiib, that pofitive Orders be fent to the D. of Ormond to withdraw all the Trocps in EngUQj Pay , and when thefe Orders (hall have been punctually comply'd with, the King will perform his Promife of delivering Dunkirk. The D. of Ormond ha- ving (48) ving already dedar'd abfolutely to the Allies, that he could no longer cover the Siege of Quefnoy, remains in a State of Jnadion, tbo' 'tis plain by his Orders, he was now free from all Reftraint, the Anfwer not being fign'd by Monf. de Torcy, as was cxprefly requir'd *, fome material Alterations being made in the Conditions relating to Sp-n, which His Grace had then no Notice that the Q. had confented to ; and Ml. Pillars refuting to give him the Pofleflion of Dunk k, which were dedar'd Points without which theQ. would not confent to a CefTationof Arms. That the D. of O. was himfelf of this Opinion, is evident from his own Letter to Mr. St, John, of June 29 \ wherein he excufes his deferring feparating the Troops, and marching towards Dunk-k, until he had fuffi- cient Aflurance that Place would be furrender'd to him •, and then His Grace fays,Tk contrary appears nowfo evidently jhat I fioould look upon my felf immediately at Liberty to at} in Conjun- ction with the Allies \ but J do not take upon me to make a Step offuch Conftquence without the Qj particular Orders, which 1 Jhall expeel with the greateft Impatience. The(e unexpected Refolutions of the Foreigners in the Q.'s Pay, not to abandon their Allies, and leave them at the Mer- cy of the Fren. Army, very much diftoncerted our Meafures here for a fhort Time *, but on June 20, O. S. Mr. St. J-n writes to Monf. de Torcy, That the Accounts from the D. of 0. were conformable to what he had fent, which gave the Q. a fenfible Difpleafure : But as Her Maj. had taken a firm and unalterable Resolution not to yield to any Difficulties, he doubts not to fucceed, and believes Monf. de Tor. will be con- vinced of this Truth when he has read over this Letter : That he hadjuft then told the Minifters ofthofe Prices who have Troops in the O^s Fay, that unlefs they obey the D. of O d's Orders, Her Maj, will take it as a Declaration againfi her, and from that Time they {hall not be paid : That if the Fr. K. will deliver Dunk-k, the D. ofO. pall retire with the Eng-fh Troops, and all thofe Foreigners that will obey him, and declare the Q. will aft vo longer again/} Fr-ce, nor pay thofe that will , and will make no Difficulty to conclude a Separate Peace with Fran, leaving the Allies a Time wherein they may have Liberty to fubmit to juch Conditions as jhall be agreed upon betwixt the Q. and the Mcft Chr. K. See, Sir, the Peace in the K's Hands \ if the D. of OV whole Army consents to the Sufpenjion of Arms, our F.rfi ProjX (49) ?roje& proceeds \ if they xoillnot confent, the Eng-fli Troops will Withdraw , and leave the Foreigners to fee k for their Subfiflenc. from the States, who, very far from being able tofum-JhNew Expences, are not capable to fupport what they have already upon their Hands. In fliort, Briton retiring from the Theater of War, and leaving it to thofe that are in no condition to make head againft Fran, the Peace may be concluded between the Two Crowns in a Few Weeks. Thefe, S/r, are the Proportions which the Q^ commands me to make, and believes the K. of Fran, will find his Account at lead as much the lafl Way as the fir ft. He once more defires him to fend an Exprefs to the D. of O, that he may know how to regulate his Conducl;, and if he fignifies to him that the K. has given Orders to the Gov. of Dunk k to ad- mit the Eng lb, His Grace will immediately do all that he has [aid. He acquaints him further, That the (X was refolvd to fiend the E. of Str-d immediately to the Army. On the fame Day Mr. St. John fends a Copy of this Letter to the D. of O. and to fhew his own Opinion of this extraordinary Piece in a Poftfcript, he fays, I need not caution Tour Grace that the fnclos'dfor Mr. de Tor. is fit to fall under the Eye of no Per- fion whatfioever but Tour Grace : As for his Ittftru&ions at this Critical Con jundure, they are fitch as Her Majefty thought de - ferv'd fending the E. of Str-d on purpofe to the Army : And Hte Grace is order d to give Ml. Villars an Acconnt of the Endea* lours the ^ had u£d tofubdue the Obftinacy of thofe who re- fus'd to obey, angbof his Expe&ations to hear from him on an Exprefs fent to Fran. Ani a fecond Time, according to what was faid to Mr. de Tor. His Grace is order'd, // he receives an Account from the Court of Fran, that Htr Majefty's Lafl Propofals are agreed to, and Orders difpatctidfor the Surrender of Dunk-k, without any more to do, to declare the Sufpenfion be- tween Gx. Br. and Fran, and to keep the whole Body that Jh. ill obey his Orders entire, and to withdraw in the befi manner his Circumftances will allow. This Offer was nofooner receiv'd in Fran, but without the Lofs of one Moment's Time accepted and confented to, as Monf. de Tor. acquaints Mr. St. John, July 5. N. S. He mentioris very particularly all the Reifons and Engagements which had been fo plainly and explicit ely pro- pos'd ', and upon Condition that the O. does immediately make a Separate Peace, keep no Adeafiureswith her Allies, hm only leave them a Time tofubmit to the Conditions that Jhall be agreed upon G fcr O) for them between fran. and Eng-dj the K. of Fran, hath dt- termin'dto fend his Orders to permit the Eng-fh Troops to enter into Dunk- k j and at the fame Time a Courier was difpatcWd to Ml. Villars to carry him thefe Orders. And as a general Cef- fation from all Hofhhties both by Land and Sea, between the Two Nations, had been propos'd by Eng-d till their Treaties could be finifh'd, theK. of Fr. with the fame Readings con- fents to that. Hereupon frefh Orders are fent to the D. of O. as foon as he fhall hear that the Gov. had receiv'd Orders to evacuate Dunk-k, and to admit the Q's Troops into the Place -, without lofinga Moment, if he had not already done it, to declare a Sufpenfion of Arms, and to withdraw all the Engjh Troops, and fuch others as would obey his Orders ; And left any Accident might (till obftrud this Project, His Grace by Mr. St. John is told, He muft obferve that the Or der is pofitive, and that no Cafe can poffibly happen in which Her Maj- will allow that any other Meafure fhould betaken-, and Mr. St. J n is much concern'd that the E. of Str-d will arrive at the Army later than was to be wifh'd, from whom His Grace was to receive thofe Lights and Informations for his Guidance in this nice Conjuncture, that he is amply inftruft- ed to give him. July 12. N. S. Id. Str-d arrives in the Camp-, the 14th P. Eug. fends the D. of 0. Word by an Aid de Camp, that he intended to march the next Morning with a Defign, as was fuppos'd, to attack Landrecy. The Du. of Or. is much fur- priz'd at the MefTage *, rcfufes to march with him, or give him any Ajfiftancefrom the Qj Troops j but lets the P. know, that when he march'd, His Urace jhould be ohlig*d to take the befi Care he could for the Security of the Qus Troops, and to change his Camp in Order to it. The fame Day Ml. Villars giving the D. of O. an Account, that he had fent by Col. Lloyd Orders for the Delivery of Dunkirk, fays, c Permit me, Sir, to have * the Honour to tell you, tho'it be very advantageous not to * be obliged to engage the Braveft and Boldeft of our Enemies, 1 yet 'tis very important to know thofe that remain fo ; and I ' take the Liberty to defire you will do me the Honour to 'fend me Word what Troops and what Generals will obey ' your Orders \ becaufe the Firft Attempt the Enemy makes, * I will not hfe one Moment to -meet them : The K. gives me a J Liberty to fight, which nothing but the Negotiations bashi- > : * therto (s« ) 1 therto prevented, and which the Army under my Com c mand has a great Defire to make ufe of. J think the Work * is finilh'd if the Army which is under your Orders obeys 1 them. This then, Sir, is no Indifcreet Curiofity, that I c prefume to defire you to give me fome Lights upon the € Doubts which I am in. J fhal] be very much oblig'd to you c Sir, if by the Return of this Trumpet you'll honour me c with one Word of Anfwer, upon the Lights which I have * defired of you. You'll give me Leave to join to this Pac- c quet a Letter for My Ld. Str d. July i 5. the D. of O. in Anfwer to this Letter fays, c I /hould be giad I were at prc- * fent in a Capacity to give you all the Infight you defire, but 'it is yet impoffible for me. Notwithstanding I was unwil- c ling to delay fending back the Trumpet, to let you know I c am well aflured I (hall be capable of telling you to morrow * particularly, what Troops will remain under my Com- c mand. As to the Sufpenfion of Arms you already know, * Sir, that according to my Orders I cannot declare it in c Form, till I am aflhr'd the Gov. of Dunk-k fhal) haveexe* * cuted all the King's Orders for the Evacuation of the Place. His Grace adds, ' In the mean Time you will agree with me * Sir, that the faid Sufpenfion has already its EfTed on my € Side, fince 1 have juft now inform'd P. Eugene and the Stat. 'Deputies, that in cafe they fhould undertake any New Ope- * ration, I could not give them any Afliftance with the Qu's * Army. On the 16th the D. of O. writes again to Ml. //#/, and fays, Tour Trumpet juft now put into my Hands the Ho- nour of your Letter of the i$th, and I am now to acquit my f elf of the Promife I made youyefterday. P. Eug. is march W this Morning, and all the Foreign Troops have quitted as except one BatalUon and Four Squadrons of Holftein, and Two Squadrons of Walef. He adds, Things having pajfed as I have the Ho- nour to tell you, /thought myfelf Mgd to acquaint you of it as foon as po(fiblz ', and as / obferved to youyefterday, the Sufpen- fion of Arms has already its Effect oh my part, by the Separation I have made of the Qj Troops, and all her Artillery, from thofe of P. Eug. and by my declaring to him, 1 could give him no Af- fiftance, and that the Payment of the Foreign Troops isftoppdj and that by Confequence there is fallen upon the Emperor and Holland a Burthen they will not be long able tofupport. Itruft 9 Syr } to your ^ood Faith, andftiall to morrow make a Movement to) (*0 put my Cclf into another Situation, and I hope Ijhall have Newj, /nr>Du"k th-itw.l! authorize me to declare the Sufpenfion of Arm . (he fame Cay Ml. Vill. acquaints the D. of O.that theGo' r Dunk wasnraking the NecefTary Preparations to evacuate that Plate : He tells His Grace, For my part % Sir, as I it: eady rcckot iyou for our Ally, I am not at all in hafte to hav-c you further ojj\ you are at your own Liberty to come near us, ar.dtnCiW.pov the K's Territories, where-ever you jhall think proper. Upon this the D. of 0. the Day after order'd a Cef- fatton of Arms to be procUim'd by Sound of Trumpet. The Committee very judicioufiy obferve, That had the Fiift Defign taken erred, which was depended upon by Fran. and fo far prefumM by Fng>d as to be undertaken for, that all the Foreigners in the Qs Pay, that composed the D. of O's Army, fhould feparate and withdraw from the reft of the Alius, it is notorious, that from t&at Inilant P. Eugenes whole Army , unleis they fubmitted to the fame Meafures, had been left at th^ Mercy of the Fren. A rmy, to be cut in Pie- cei, c r made Prifoners, at the Will of ML pillars •, which had left the Q*s Troops in no better a Condition than to have ihe hrivile^ecif being laft deftroy'd -, yet all the Allies, wbofr Honour and Conicience would not permit them to abandon their Confederates, and leave them as a Sacrifice ta Prance, were ptahifhd by Eng-d with the Lofs of their Pay and Subfi dies, which was all that was in the Power of the Miniitry todo, to fhew their Relentment at this great Difap- pointment to the Meafures of Fran. However, this March of P tug. Ld Str-d thought might be turn'd upon them, and he prevail'd with the D. of O. in a MefTage to P. Eug. fcofay, His marchingwithout Concert with us, and alltheQjs Auxiliaries mauhingfrom m, exposed usfo, that we have been obligd to fend to the French to declare with us a Cejfation of Arm' \ nothing lefs could put the Qj Troops in Safety } for tho Maru : fell out Co pat, without this we muft have declar'd for the Cejfation, yet why fhould we not turn all this Matter up- on them? The Committee had not thought it worth their while to take notice of fuch an idle Attempt to impofe upon theSenfesof Mankind, if they had not been indued by ano- ther Paffage in the fame Letter to think, it deferv'd fome Ob- (er vat ion \ where Ld. Str-d giving an Account of what pafs'd upon the Reparation fays, c All the Ength k$m rejoye'd to * inarch <5?> 4 march off, being weary of theSiruation they were in, and * the Reproaches they met with in the great Army j There c are Two or Three Faces very (bur, they figh and wifh 4 the Hanoverians had not feparated from us •, but I fhall c tell them perhaps it may be better. He may fee bv this * Time the wrong Advice he has follow'd, fince all mutt lay * the Blame of the Separation upon him/ itul this is not the* only lnftance of the Scorn and Contempt which his Ldfhip was ready to expreis upon the like Occafions \ for July the i6th, 1712, giving an Account of a Converfation with Mr. Bulow, the Ele&or of Hanover's General, wherein. hisLdfhip. declar'd,TW the Queen bad yet neither made Peace nor Trac^wbichDeclarajion was made near aMonth after the Articles for a Sufpenfion of Arms were fign'd, ani his Ldfhip, reprefenting the great Dangers the Queen's Troops were expos'd to by being left alone in their Camp when Prince Eugene march'd, and Mr. Bulow replying, in cafe of any At- tack they had been fure of their Affiftance and Proteftion,his Ldfhip fays, My Anfwe.r was in a difdainful Way, it would. he a very odd thing when an Eletlor of the Empire fljould be a fuffcient Protetlion to Gr. Britain \ and Dec the 14th, 1712, Ld. Strafford in his Leter to Mr. St. John fays, Count £inzendorf own'd, it was impoffible to carry on the War alone \ efpeciaily fince the Eletlor of Hanover, who was the greatest Hero for the War, has threatned the States to recal his Troop s y if they did not pay him the Queen's Share of the Subfidies y — - In (hort, Count Zinzendorf himfelf could not but laugh at the ridiculous way of proceeding of that Court, The Armies being now feparated, and the Sufpenfion o£ Arms declard, the Committee recapitulate in what manner,' and by what Steps, this fatal C 'eflation was proeur'd. They obferve, in the Firft Place, That it is evident, it was of infinite Advantage and absolutely Neceflary to the Affairs of France, and therefore infilled on by France \ and that it is as certain, that the Enj»lijh Miniftry gave early into it, if they were not the firft Advifers of if, for which no other Account need be requir'd, but that as all their Mea- fures tended to advance the Intereft of the Queens Enemies^ they could not fail to be zealous in a Point which contri- buted mdre to thofe Views than any one Occurrence du- ring the whole Negotiation \ but as they all along wanted Appearances* C$4) Appearances^ and confulted them more than any real Advan- tages to the. Kingdom, they thought it neceflary to annex fome Conditions to this important Article , that m : ght pafs upon the deluded People a^ a J unification of this unprecedented 'Treachery, The Demolition of Dunkirk was always fo po- pular a Point, that nothing could ftrike th? Imaginations of the People more, than to be told that th:* important Pjace was delivered into the Q_-n's PoflXfion: This Step they thought, well improv'd, would recomm«nd the Peace it (elf, at teaft juftifie the Ceffn:ion. And as the Nation bad Nothing more at Heart, than the Difpofition ©f the Spanifh Monarchy after the Renunciation had been induftri- oufly cry'd up, and the Queen had declar'd from the Throne. that France and Spain were thereby more.ejfttluaily divided than ever : Thefe Two Articles were mack the efTentiai Conditions of granting a Ceffjtion of Arms. For the latrer, France eafily confentei to it, having declar'd it to be null and void by the fundamental Laws of France'. For the nril, 'tis evident how unwillinglyfr^cf was brought to fufrrender Dunkirk; but this the Miniftry were reiolv'dtopurchafe at any Rate, as what 1 would moft eafily amufe,. and ftnfibly affect the Nation *, and therefore to obtain this, they en- gage not only to grant a Ceffation of Arms, but to conclude a Separate Peace. The Profpecl of concluding a Sepirate Peace, and the obtaining an immediate CefTation of Arms, which anfwerd all the Purpofes of France almoji as well as a Separate Peace, by leaving the whole Confederacy at their Mercy, were fo great Temptations to France, that the Surrender of Dunkirk is agreed to •, but if we confider what England gain'd by granting this fatal CefTation, we ftall find the Demolition of Dunkirk fupply'd by a New Canal more beneficial to France, and formidable to the Navigation of Great Britain, than Dunkirk ever was., and for the Re- nunciation, we were told by France, we jhoidd deceive our f elves if we accepted it. as an Expedient to prevent the Vnion of the Two Monarchies. The Committee clofe their Obfervations upon this me- tnprable Campaign of 1712, with inferting another Letter that was Wrote by the D oiOrmond to my Ld- Bolingbroke* The Dutch it feems, encourag'd by the Succefs of their En- terprife upoi) Fort Knocque } had foroVd a Defign for fur- (55) prizing Newport of Fumes, which his Grace having Intel- ligence of, thought proper to write the following Letter Oct. the2ift, i7i2 : torny Ld Bolingbroke. c 1 take this Opportunity 4 to acquaint your Ldfhip with an Affair which has been * communicated to me by a Perfon very well enclin'd to her 4 Ma jetty's Service -, your Ldfhip. will belt judge of the Im- * portance of it, and the Ufe that is to be made of it, when 4 1 tell you, that the Succefiof the Enterpnzeupon Knocque 4 has encourag'd the forming a Projeft for furprizing New- 4 port or Furnes^ and that the fortifying Dixmudc is made c ufe of as a Pretence for drawing together a Body of 4 Troops fufficient to put the Defign in Execution. If it * be thought more for her Majefty's Service to prevent it, c I am humbly of Opinion fome Means- fhould be found to * give Advice of it to Ml- Villars, who may pojfible think we c owe him that good Office^ in Requital of fome Informations 1 your Ldflrip knows he has given me, with a Defign to ferve 4 her Maj. and the Nation : I am not yet at Liberty to ac- 4 quaint your Ldfhip with the Name of my Author, who de- 4 fires the whole Matter may be manag'd with the greateft 4 Secrecy. The deflation was no fooner declar'd, and Dunkirk de- liver 'd up, but Mr. de Torcy calls upon Mr. St. John to perform his Promife of concluding a Peace between France and Gr. Britain in a few Weeks, which, he thinks, can meet with no Difficulties, all the Conditions of Peace with England being regulated, and the Intentions of the King touching the General Peace known to, and approv'd by, her Bntan. Maj. Mr. de Torcy then propofes the Method of regulating the Sufpenfion by Sea, and infills, that do ring the Sufpenfion, either General or Particular, the Tranfportaticn of neither Troops, Ammunition, nor Provi- fions, {hall be allow'd into Portugal, Catalog /, or any o- ther Place where the War continues. Pacquet Boats be- tween Dover and Calais are to be immediately fettled for the general Eafe of Corrcfpondence, and the Sulpemlon of Arms to be publifh d in Portugal and Catalonia, without waiting till it lhall be fettled at Vtecbt. AH thefe Pro- pofals from France are very readily afiVnted to, and Mr. St. John thinks the Queen in a Condition not to lufe a Moment's Time in concluding with the Minifkrs of France tire ( 5* ) the Convention for a genera! Sufpenfion of Arms, both by Sea and Land, and even the Treaty of Peace between GV. Brirain and France. Mr. St. John then opens to him the Meafures that had been here concerted for the D. of Savoy } * Of ail the Allies, fays he, there is none whofe Interefl the * Queen has fo much at Heart as the D. of Savoy V •. He * hopes the moft Chr. King will act in Concert with her * Maj. and omit Nothing that may engage his R. Highnefs * to come into all our Meafures, and that may protect him c from the Infultsof the Imperialifts for fo doing*, and a- c mong other Advantages propos'd for him, he lays it down * as a Principle, that it is neither for the Interefl: of GV. c Britain nor France, that the Kingdom of Sicily (hould be * given to the Houfe of jiufiria, and therefore demands it * for the D. of Savoy ^ and declares the Queen will not defift c from this Demand/ This Concern of the Britifli Minifters for the D. of Savoys the Committee is at a Lofs to .account for. Tht French, as appears by a Letter of the Bp. of Bri- ftol to Mr. St. John, of the 26th ot Apr. 1712, had actually offer'd Sicily to the Emperor. The D. of Savoy himfelf did not relifh this Propofition , as appears by Ld. Peterborow's Letter to Mr. St. John of the 24th Sept. 171 2, in which bis Ldfhip reprefents the D. of Savoy exprelling, That he was not fo vainly impatient of the Title of King, as to lofe or hazard any real Interefl for an empty Name, but that he thought it mticb more extraordinary, that a Prince beaten Ten Tears together by his Enemies, Jhould remain at la ft- with the Priz.e contended for, and which fo often by Parliament had been declared the juft and unavoidable Motive of thp War : J\gain in Lord Pcterborow's Letter of Nov. the 16th 1712, to Mr. St. John, he affirm'd, That Nothing can re- prefent the Vneafinefs of Mind of the D. of SaVoy, after thefe Offers had been made him : To calm this Vneafinefs^ and to fix his R. Highnefs in the Meafures of the M'miflry^ it was necefiary the Ld. Peterborow (hould in a Memorial given to him reprcfent, That his R. Highnefs in refufing thefe Offers mtft fall out with the (fhteen^ and the Engliih Mini- flers, whom his Lcfthip endeavours to excufefrom the Reproaches cafl direilly upon them, as if they were Perjons devoted to France. That for the Support of what was proposed, afuffcient Fleet Jhould be furnifltd either by England, or France, or by bcth (57> loth Powers' jointly , and that his R. High, fljould be guarantee* A and protected agiinft any Power that Jhould oppofi this Pro- ject, or Jhauld infult him for having accepted thefe Offers. The Arguments of the EngUfji Mini (Vers did at length prevail with his R. Highnefs *, and if the View of the faid Minifters Was effe&ually to difable the Emperor from fupportinghim- felf againfr France after our Separation, by furring into the Inter eft of France an Ally fo confiderable as the D. of Savoy y it muft be confefs'd theie Meafures were extremely well calculated for fuch an End-, but it does not appear to the Committee how England came to be fo far concern'd in this Matter as to offer its Guarantee for Sicily, which naturally mud have engaged tts in a >Var again/} the Emperor. This Forward nefs of the Mini dry in offering to make England Guarantee for Conditions advantageous only to France, feems the more extraordinary, when they obferve, that, during the whole Courfe of this Negotiation, they find woEndeavours us'd to procure a Guarantee of our Confederates to fctwe the Protectant Succejfion, which bad been addrefs'd for by Both Houfes of Parliament *, nor do they obferve, that the K.of Sicily, for whom (b much was done, was ever re- queued to be Guarantee for the [aid Saeceffton. The dreadful Confequences of the Separation of the Armies were now fenfibly felt in the unfortunate A&ion at Denaw, where Ml FUlars on the 24th of Jidy, N. & at- tack'd Ld. Albemarle's Camp which he Forcd, took him Prifoner, and entirely defeated ali the Troops under hi$ Command : Mr. de Torcy immediately fends an Account ro Mr. St. John of this agreeable News, and fays, ' The K. c of France is perfuaded, that the Advantage which bis 4 Troops have obtain'd will give the Queen fo much the * more Pleafure, as it may be a new Motive to overcome) * the Obftinacy of the Enemies to Peace/ The Committee" could not with Patience read a Letter from a Minister .of France, declaring to the Secretary of State of England, That a Victory obtain' dby the Queen s Enemies truer Her good Allies; muft be a Pleafure or Satisfaction to Her Aiajefty. But at this Time the French thought themfelvesfofureof the Bntljk Miniftry, that they depended upon their Afliftance to pu in this Advantage againft the Confederates ftill further \ and Mr. de Torcy fays, he hopes the Queen will effectually bring H them ^8) them to Reafon in agreeing immediately with the King, the laft Meafures that are to be taken for finifhing this Work. She has the means in her own Hands, if foe will make ufe of Ghent and Bruges, which Her Troops poffefs, and especially of Ghent \ for it depends upon whofoever is Mafler of that Place , to make all the defigns of the Enemies Generals mifcarry, and to give Law to the Dutch. Neither was Mr. de Torcy fingular in his Opinion about the Action at Denain-, Ml. Villars would not lofe a Mo* ment in giving the D. of Or. an Account of this News -, He af- cribes the Vidory to the Separation of the brave Englifh, and infults the Allies as common Enemies , that muft now be fenfi- ble what wrong Meafures they had taken. In this Manner, and to this Effect, Ml. Villars thinks proper to write to the D. of Ormond \ and at the fame time defires his Grace to tranfmit this Account to the Trench Plenipotentiaries at V- trecht, and to make a thoufand Compliments from him to Ld. Strafford. And that there might be no Part of the World where it was in the Power of the Englijh Miniftry to af- fift their new Friends the French, at the Expence of their old Allies, Monf. de Torcy further propofes, That the Queen jhoitldpHt a Stop to Count StaremberghV Projetls in Catalonia, by fending Orders to Her Troops in Terragona not to let the Germans into that Place \ and not content with being aided and affifted all that was poffible by Land, he further defires that exprefs Orders might be fent (and thorough France, as the fhorteft Way) to the Englifh Men of War that were then Cruifingin the Mediterranean, to fuffer the French Ships that were then returningfrom the Levant, to pafs unmolefied } which was no fooner ask 'd than comply d with. But the taking Pof- fefiion of Ghent and Brughes was not only the defire of Monf. de Torcy, but was fupported by the Advice of the E. of Strafford ♦, who in hte Letter to Mr. St. John of the 17th of July 1712. fays, * 1 am for having the D. of O. fend fome * Party on purpofe to march through fome of their Towns, to c fee whether or no they would refufe them PafTage^ if they c did, that might authorize us the more to do a Thing very c agreeable to the Queen's Troops, and what I believe you * would approve of. ' His Lordfhip adds, c He (meaning the 4 D. of O.) is very hearty in every thing, but really is under c Difficulties with thofe about him ', thofe that are able, are not ^yet entirely to be rely 'd upon, and thofe that might be trufted, an ( 59) c aye not capable of giving Advice. And that there might be no doubt of his Ldfhip's Meaning in what he had before ad- vis'd, July the 21ft, he tells Mr. St. John, ' The Meafures I ' mention'd would not be difrgreeable to you, was that of 1 marching to Ghent, which we have nowfo well executed * that we are within two Days March of it, and the Englifh * are entire Matters of the Citadel, as likewife of all the ' Gates of the Town, and have Orders to be upon their * Guard} not to let themfelves be furpriz'd by two Battali- *ons, one of Dutch and one of Walloons, in the Town, nor * any Troops fent from any other Place. This is a Coup de iparti for the States who did not expect it, elfe they would ( not have behaved themfelves with the Hauteur they lately * did *, the Thing was fowell and fecretly manag'd, that all c Preparations were made to march about to W arret on be- * tween Lijle and Ipres, to have liv'd upon the French Coun- c try, and till we had march'd a Day's march on this Side the 1 Scarp, the Dutch and their Friends did not perceive our * Defign, which as foon as they did, their Surprife and Vnea- 1 fine] s were equally great. * The D. of O. having given an Account of his Marching his Army towards Ghent and Bruges, Lord Bolingbroke commends his. Conduct, and tells him the Methods he had purfued where fo well adapted to the pre fent Conjuncture of A } fairs, that they anfwer in every point what they would have wijh'd : That the News of Dunkirk could not have been followed by any more agreeable than that of his Grace's having diretled his March towards Ghent. Moreo- ver, onthe22dof July, O. S. his Lord (hip tells his Grace, That taking Poffeffion of Ghent and Bruges had improved her Majeftys Views, which he is order d to Jecure in the b eft man? ner he was able, and doubts not but it will have a good Ejfetl up- on the ConduEb of the Allies. On the 17th of July, O. S. in a Letter to Monf. de Tony, Ld- Bolingbroke recapitulates what he faid before concerning the D. of Savoy \ and as a farther Motive to induce France to comply with his Demands, he repreients^to it will be very important to have his Concurrence both in the Sufpenfion of Arms, and the Treaty of Peace, which in all probability will be made between Britain France and Spain, without the Inters vent ion of the other Allies ; and that Savoy V declaring for ui mil be a decifivc Stroke % and the more necejfary becaufe the K. H z of ( 6o ) of Prufiia'sCondutt has notanfvoerd the Queens Expectations. Before this Letter was difpatchd, the Lord Bolingbroke re- ceives Monf. de Torcy\ of the 26th, N. 5. In anfwer to which, 7a/vthei8.th, 6 S. be infifts further in behalf of theD. of Savoy, rellsbim with great Satisfaction, That the D of Or. was poflefs'd of Ghen and Bruges \ and as the Q. tmbrac'd with a great deal of Cat isf action every Opportunity thai offer d to do the King 1 Pie fare, pofitive Orders are f em to Ad- tn>r4Jex\n\xi%sto fuferthe French Ships cowing from the Le- vant, to pap freely. Itisalmoit incredible that the EngUfh Ministry, however determin'd they were to give up the Honour of the Queen, and Intereft of their Country, in following the Dictates of Fmnce ihould venture to do it i» tbh open Manner. All that had been hitherto declar'd, was a Sufpenfion of Arms in Flanders and that our Troops were to ad no longer againfl France \ But here by> the Advice of the E. of Strafford, at the Defire of Monf. de Torcy* they are to keep Pofieffion of Ghent and Bruges in order to difap- point the Defi&ns of the Enemies of France, and the Allies of the Queen j andaltho the Sufpenfion of Arms extended as yet no further than to the two Armies in Flanders, and the general jufpenfion by ^ea and Land was not fign'd till the 19th of Auguft, N. S. the Ld. Bolingbroke on the 18th of July., O. S. declares he had then fent very pofitive Orders, to the Q> Admiral not to intercept the French Fleet coming from the Lcvatnl .Thefeconitant Compliances in the Englifli Minjftry eucoa- rag'd Monf, del'orcy^ to prels again the concluding the Sepa- rate Peace between England and France, as what they both agreed in to be the moft effectual Way to make the reft of the Allies comply. He defires that the Troops in Flanders un- der the Command of the D. of Or. may be left there to make; agoodVfe of the Town* which he was in Poffejfion of\ but as the K. of France cou'dnot confent to the D. of Savoy's having Sicily except the Eletlor of Bavaria has alfo the Netherlands fefi4es his tUftorate, he thinks the Q^_s having a good Army in Flanders under the Command of the D. of Or. may render this very practicable \ and as the Qu. has done a great deal for ktr own ungrateful Allies, it will hi for Her Glory now to con* tribute to the Good of a Prince of fo much Merit as the Eletlor if Bavaria, wbofe Acknowledgments will be eqmlxo the Benefits ht («5i) Jpe (hail receive. But this would not pa r s even upon the Mi- nistry of Great Britain : The giving Flanders to the Elector of Bjtvaria, was what woulJ absolutely engage us in a new War to oblige the Imperialists and Dutch to agree to it j and they could not think it for the Honour or Intereft of the Q. to make War upon Her Allies, as ungrateful as they had been, in Favour of the Eledorof Bavaria jand efpecially confidering, that altho' we could fecure Ghent And Bruges fox him, the Allies had yet an Army in Flanders fo confidcrable both for the Number and Goodnelsof their Troops, that they were able to defend the Conquefts they had made. And to give him Sitifyi which was likewife demanded, Lord Bolingbroke hopes it will not be infifiedon, becaufe it might be the occafion of com inualjealo ufie s\ itmiglottn particular be the Source of dip- putts and ihtarrels betwixt England and France, whofe ft rich 'Union and indiffohtbleFriendfh'p wet-e the Points in view to which all our Meafures had been directed for fo long a time. The Qris Minifers think when the K. of France has made a& reafonable Efforts for his Allies, he muft do fomething for the Love of Peace, and that a particular Interefl fhould yield to the general. Ton cannot, fays \A. Bolingbroke, but feel the Force of this Argm.ent, becaufe you are not at aH ignorant that this Negotiation was begun and carried on upon a Suppofitio» y that the ^ muft defift from many Conditions, which in rigour She wasobligdto precurefor Her Allies. He very ftrongly urges the Neceflity of concluding immediately the Peace between England, France, and Spain \ but abfolutely infifts upon Sicily for the D.of Savoy. But altho' this Negotiation was caxry'don upon a Suppofition, Thatrta Queen was to depart from feveral Things^ wkacbm juftice ought to have been procur'd for Her Allies, the K.of France thought himfelf under no fuch Obligation \ His Honour to an Ally, whofe Fidelity was without Reproach, was not to be difpens'd with \ and there- fore to fatisfy bis Engagements to To good an Ally, was a Point from which the King of France would never depart, But to fhew the King's good DifpoGtions to the Peace, he at laft confents to the Q. of Savoys having Sicily upon certain Conditions j wherein very ample Provision is made for Sa- tisfaction to the Ele&or of Bavaria-, and one exprefs Condi- tion is, That a Peace be concluded between England, France, Spain and Savoyi In anfwer to this Letter Ld. Bolingbroke acquaints ( 62 ) acquaints MonC deTorcy, That he had receiv'd the Queen's Orders to go immediately to Fravce, and he hop'd under the Aufpices of the Abbot Gaultier in a Week's Time to falure him at Fontainbleau. { Whilft thefe great Points were tranfading, direftly be- twixt France and England, nothing material pafs'd at Vtrecht \ However fome few PafTages concerning fuch Communica- tions as were thought necefTary to be made to keep up the Form of a Negotiation, are here taken notice of. The Advice of the D. of Ormond's Orders to engage in neither Siege or Battel, gave great Alarm •, the States defire the' Britifh Minifters to give them fome Satisfaction con- cerning a Matter wherein they thought Religion, Liberty, and all that is valuable, was fo nearly concern d : To which they could obtain nothing but very general Anfwers. Upon which they exprefiing their Difcontent to be kept entirely in the Dark, without the leaft Knowledge of what was done, or intended to be done, the Bijhop took that Opportunity to put and End to their Curiofity by executing the Orders before- mentioned, That the Queen thought Her [elf novo under no Obligation whatfoever to the States. This Declaratioa is Grounded upon the Behaviour of the States *, but it muft e remembred, that this Order is dated very few Days after the Orders to the D. of Ormond not to engage in Siege or Battel. And in the fame Letter the B. of Briftol, giving an Account of a Conference between his Lordfhip- and Mr. Combruck, the Emperor's Minifter, the Bimop fays, He was very defirous to know, and I was as unable to inform him of the Particulars wherein the Care of the Em- peror's Interefi did confift. The hutch did likewife fend an Exprefs to their Minifter at London, with a long and moft moving Letter to the Queen, to remonftrate againft this Proceeding, but he coulci. obtain no Anfwer at all j c 'Mr. * St. John thought the Queen intending that Week to lay 4 before the Parliament the Plan of Peace^ the Proceedings '' of the Two Houfes on that Occafio/7, would be a more 1 feafonable, as well as a more decilive Anfwer to the 1 States than any he could return/ The Queen having com- municated to the Parliament how far the French _are already come, in their Propofals for fettling a General' Peace, the Bp. of Brifiol is directed to difcourfe with the Minifters of (6j) the fever al Allies as foon as poffible, agreeable to the Plan contain d in Her Majefty's Speech , but before his Lordfhip makes this Step, Mr. St. John tells him, It will be proper that he [peaks firfi with the French Plenipotentiaries upon this Subjetl, and enquire of them whether they will be willing^ and in what Manner they will be willing to give this Com- munication to the Allies. But the Bp. of Briftol gives an Ac- count on the 28th of June, N. S. That the French Plenipo- tentiaries declared they had no fitch Orders, and without them they could not do it : And the Bifhop .finding it might be of Tome Service, and that it was look'd upon at the Hague as a Step that might facilitate the Sufpenfion of Hoftilities, his Ldfhipdid again prefs the French Minifters to know, whe* ther they were willing to declare in a folemn Conference, that the Particulars declard in the Queen s Speech are the King their Mafters Offers to the Allies, and that he will make them good in the Negotiation. The French again refus'd to make any fuch Declaration j and in this Opinion they perfifted even after the Dutch Minifters confented to accept the Con- tents of Her Majefty's Speech pro materia tratlandi, if the French would at the fame time acknowledge them to be their Matter's Offers, and negotiate upon them in order to make them good. But the French Plenipotentiaries were fo far from agreeing to this, that they demanded of our Minifters to know the Qn's Mind upon the feveral Parts of the lad generalPlan brought over by Mr. Gaultier, and which are not explain'd in Her Majefty's Speech \ faying, Their King ex- pected it, and they do not know how to proceed till thofe Points be ftated } and the utmoft they were to be brought to, was, that it was not to be under (hod to exclude their Ma/ler from making fome Demands for the E. of Bavaria, and that Lifle was to be reftord over, and above the Two or Three Places excepted in the Queen's Speech. At the fame Time that Mr. St. John communicated theQV Speech to the Bp. of Brifiol, he orders him to let the Dutch Minifters know, that the Q thinks a Sufpenfion of Arms, at leaft in the Netherlands, to be abfolutely neceffary. And here the Committee obferve, that thefe Orders to propofe to- the States a Sufpenfion, are dated June 11, O. S. which was the very Day the Articles for a Sufpenfion were fign'd by bA.de Tor. and had been fign'd by L B-ke 5 Days before, in feve- ral ( * iy, on no Account fo much, as that they cannot come to the 'Knowledge of what is to be their Lot: Their Concern is i chiefly, that they cannot know the Particulars of what is * defign d for them, efptcially what Species are to be excepted •out of the Tariff of 1664, and what Towns out of the 4 Barrier. On which Oceafion the B- of Briftol did, as with c the greateft Truth, allure them, that he knew nothing ei- * ther of the one, or the other. But the Reception thefe Re- prefentations met, teems to the Committee as unaccountable as any thing that happen'd : Mr. St. Jn, June 20, O. S. (ays, They are not furprizjd at tht Clamour* and Rage of the Dutch, which they for efaw and were prepard for : It is certain we run great Hazards, but tt is as certain their unaccountable Folly is the Occafien of it : He cannot imagine the Bp t flwuldbe in any Danger, his Char abler is f acred in a double manner \ and beftdes, I have Renfon to think that tho' they kick and flounce like wild Beafts caught in a Toil, jet the Cords are too ftrong for themio break \ they willfoon tire with ftruggling, and when they are Wd grow tame. This is the Treatment and Lan- guage whicKthc^j Secret, thinks fit to beftow upon her Al- lies : Their deiking to have fome Satisfaction in what mod nearly concern'd them, is call'd Vn account able Follv, that had drawn all thefe Mifchiefs upon them *, and it any Refentment is fhewn, they are wild Beafts •, but the Cords of the Toils which Eng-d and Fran, had caught them in, were too ftrong for them to break. But L. Str-d is not content with hard Word* only, He is glad that Orders were given to flop the Pay of the Foreigners, of which they complain horribly^ but it will make them humble and Jharp \ handling does better with thefe People, than the b eft Words. June 24 O. 5. Mr. St. John writes a long Letter to the Ld. Priv. Seal, and inftrufts him to lay the enure Blame of all that has happen d, upon the Dutch and that the Want of Concert is (6$) is only to be imputed to thofe who are at the Head of Affairs in Holl. however ', that Her Maj. is ft ill ready for their Sakes and for the Sake of the common Inter eft of Europe, to for get all that is paft y and to join with them in iheftritleft Terms of Amity and Confidence, This Farce was ftill to be carry'd on in Holl. and thefe Profeftions made in the Name of tbe Q. when it is no- torious that 4 Days before, June 20. O. S Mr. St. J-n had in the Strongeft Terms, promis'd in the Q> Name to Mr. de Tor- to conclude a Separate Peace with "rran. on Condition Dunk, wasdeliver'd to the £wg-j7? j and that this Offer of a Separate Peace made by f/^Warofefrom the Frock's re fufing to deliver Dunk, upon the Conditions firft agreed upon, al- tho' at the fame Time the Q.s Plenipotentiaries are directed in a molt pubJick manner to lay the Blame of all our Meafures at the Door of the Stat. Gen. But aitho' in all the Letters that pafsu between L. B~ke and Mr. de Tor. the concluding a Se- parate Peace is treated as a thing fettled on Both Sides, the Plenipo's at Vtrecht arc order d to proceed upon another Foot •, and in a Letter from L. B-keoi July 16. O. S„ to the Plenipo's jointly, upon a Suppofition that L. Sfr-dwas then got baek again to Vtr-t, they are ordered to lofe no Time in fettling the Conventions for a Sufpenfion of Arms between Gr. Brit, and France, both by Sea and Land *, and when that is brought to Perfection, to call upon the Allies to enter again upon the Negotiations on the Foundation of the Plan laid down in the Q> Speech *, and itbdefired Their Lordjhips will appear [ollicitQM in this Matter, and affetl to be the Aggrt/fors 7 and to prefs the Allies to give in categorical Anfwers. By this means the Negotiations were feemingly fet on foot again ; and whether the Alls did or did not comply, our Miniltry were ready to make their ufe of it either way *, if they did com- ply, the ocandal of a Separate Peace would be avoided \ if they did not, the Blame was to be imputed to their Cbfti- nacy. The Treaty being left upon this Foot at Vtrecht, with a poflibility of being carried on or dropt, as ftiould be found convenient, and the K. of Fran, having confented to the De- mands made by England on Behalf of the D. of Savoy •, but among others pon thefe two exprcis Conditions, That a Suf- penfion of Arms both by Sea and Land be immediately grant- ed, and that sl Separate Peace between Bngknd^ Fran. Spain* I and {66) and Sav. be forthwith concluded, it was thought proper and neceffary, that Ld. B-ke fhould go himfelf to Fran, finally to adjult and fettle the great Points in Difpute. The Sub- fiance of his Instructions was, to remove all Difficulties that might obftrucl the general Sufpenficn of Arms between Eng-d and Fran, from taking Place , or fettling the Treaty of Peace in fuch a Courfe, as may bring it to a happy andfpeedy Conclufion. But to declare, that he does not imagine there will be any Poffi- bility to prevail with the £K to fign the Peace with France and Sp n, unlefsfull Satisfaction be given to the D. of Sav. He is therefore to take particular care to fettle his Barrier , and to pro- cure Sicily for him \ to fettle the Renunciation in fuch a man- ner ; that there may be as liitle room left as poffible for Difpute or Delay \ thai the Eleclor of Bav. may have Sardinia, and be re- ftor'd to his Dominions in the Empire, except the 'Upper Palati- nate and the Firfl Eleclor ate ', and then he is to proceed tofpeak to fueh Articles as relate to the Inter eft of Gr. Br. and endea- vour to have fuch of them, as there may appear to be any Doubt concerning, explain d in the mosl advantageous Marnier. And then he is to do his beft to difcover, upon the fever al Parts of the general Plan of Peace y what the real Ultimatum of Fran, may be\ and when the Peace between England and Fran Jhall be fignd, that it maybe expedient to fix the Allies aTime to come in, wherein the 6. will ufe her good Offices, but will mt be un- der any Obligation to impofe upon the Allies the Scheme offer d by Fran, or to debar them from obtaining better Terms for them- selves. By thefe InftrudHons it appears, that Ld. B-ke was impower'd to conclude a Separate Peace with Eng-d^ France^ Spain, and Sav. that at this Time there was fome Doubt con- cerning feveral Articles relating to the particular Interests of Gr. Br. which he was to endeavour to get explain'd \ but no Inftru&ion, if his Endeavours prove ineffectual in Behalf of Gr. Br. not to conclude the Treaty, which in thefc very In- ftrudtions is exprefly provided for in Favour of Sav. And His Lp. is order'd to do his beft to difcover the Ultimatum ol Fran, which hitherto, it feems, the Miniftry were ignorant of: Eut whether Ft an. condefcended fo far or not, as to let Bis Lp. into this Secret, our Treaty was to be concluded •, and the Miniltry feem to think, they had fuffkiently difcharg'd their Duty in declining to be engag'd to impofe what Terms Eran. fhould think proper, upon the Allies •, thofe Allies to whom whom the Q. was bound by the Faith of Treaties, and all the moft folemn Engagements and publick Declarations, to pro- cure all Juft and Reafonable Satisfaction, according to their feveral Alliances. But now it feems fufh'cient that we did not debar them from the Liberty of endeavouring ro obtain itill better Terms for the mfelves. With thefe Inftructionsld. B*ke goes to Fran, and without entring into any further Particu- lars, the Convention for a general ;3ufpenfion of Arms between Gr. Br. and Fran, for 4 Months, was fign'd at Pans by Ld. B-keznd Mr. Tor. Aug. 22. N. S. 1712, as His Lp. fays, but dated Aug. 19, N. S. Fran, was now become entire Matter of all future Nego- tiations, and did not fail to make ufe of the Power that was put into their Hands *, an early Inftance of which was feen in the Affair of Tournay : But being now come back to Vtrecht y the Committee mention an Incident that happen'd there ; the Difpute between Count Rechteren and Mr. Afefnager, which was made ufe of by thcFrench to keep the Negotiations in fuf- pence as long as it ferv'd their Purpofe, and in which England concurr'd. Aug. 30, the Brit. Plenipo's acquaint Ld. Bke, that in; fome Difcourfe with the Miniftersof the Allies, they had car- ry'd Matters fo far as to tell thern, That tho' Her Ma), will endeavour to promote their Interefl in a Peace, and obtain for them thebefi Terms thatfiiall be poffible, yet if thofe Endeavours fhould not procure more than the Contents of Her Majefty's Speech, or even in fome Degree fall fJjott of that Plan, the Fault will be entirely theirs, who have render } d things difficult and un- certain, which otherwife would have been eajy and pratlicable. And having thus far complied with their late Orders to lay all the Blame upon the Allies, they further inform His Lordfhip, that they had, however , obtain d the Confent of the Minifiers of the Allies to come to a Conference with thofe of Fran, in order t§ renew the Negotiations y the Time to be fix'd between the Britifh and Fren. Plenipo's \ who meetingtohave fome Difcourfe pre- vious to the general Conferences, parted without coming to any Conclufion. The OccaGon of their Difference, that prevent- ed renewing the Conferences, arofe upon Propofals made by the Britifh Miniflers in relation to Tournay. Their Lps in their Letter of the 2d of Sept. N. S. to Ld. B-ke, ftate the Cafe in this, manner : In Her Mafs Speech it is exprefs'd^ Tha(. 12 the (68) the Dutch are to have the entire Barrier as demanded in 1709, except Iwj or Three Placet at mofi. The Frcn. Minifvers in- fifl, that they muft hive Lide as an Equivalent for Dunk-k, and that the fame is not to be underfiood as one of the three Places -mentioned in the Speech, and confequently that they mufi, in aU^* have Four of the Places mentioned in the Demands of 1709. This to us appears* to be altogether inconfifient with what Her Ma], has declard, and we accordingly think it contrary to our Duty to bring on a Conference in which fuch an Explication is to be made. The Fren Mlnifters, on the other Hand, hwefhew'd fit thei* Orders, which pofitively require them to infjr upon the JZeftjHt.on of Tournay as well as Lifle *, and that they cd» 9 by no meanly confent to the C ejji on of Maubeuge or Conde. The Bri- tifli Mrafiers then prefs'd the French to [peak at firft in Term* as general*, as their Propofal was cone eiv din', but the Fren. thought it neceff.zry to be particular and exprefs in that Tpint above all others, becaufe they jfwuld otherwije have ty y d themfelvej up* and given the Dutch an Advantage. The Refute of this Debate was not to proceed to a Conference till this Point be determined \ the French infifiing that their Orders were fo plain as neither to need or admit any Explication ; and the Brit. Minifters thinkir.g the Matter as plain on their Side. They hope their Zeal for Her Mafs Honour will be gracioujjy approvd, and defi> e to be dire tied what further they are to do in this Mat- ter 9 which they apprehend to be of a decifive Confequence, becaufe they find even thofe among the Dutch, who appear to be mofi cor- dially difposd tofiich a Peace as may re-eftablijlo a good Harmony between Her Majefiy and the States, as abjolutely neceffary for their mutual Prefervation, fully refolv'd, either to retain Tour- liay ana have Conde yielded } to them, or to take one of the fe two Courfes, either to come into any Terms that France offers, or t§ continue the War at all Hazards. In the fame Letter our Ple- riipo's give an Account, that the Fren. Minifters did infift, that the >tat. Gen. (hould in a publick manner difavow C. Kechteren for the Affront done to Mr. Mefnager, and then remove him from the Congrefs \ And this Satisfaction to pre- cede any farther Negotiation. The Language which our Plenipo's had us'd to the Allies is very much approved by Ld. B ke^ who fays they hadfpoke the Sentiments of the Q^s Heart in what they declard, Auguft 30, N. S. and {hat if the M'sdidfallfhortof the Plan laid down in («9 ) in the £tteen's Speech, the Fault was entirely their own. His iJJhip I iys, c fure it is; that this Plan was nothing more than 1 the Ultimatum of what Frame would offer, but he wifh'd c that the Imperial and Dutch Policy had not rfndcr'd it the * Ultimatum of what France will grant. The fame general c Reflection may be applied to the particular Cafe mentioned c in your Ldibip's lair. Letter. France would have yielded * lournay, tho' much againil the Grain. If France has now c any Advantage, and refufes flatly to yield what fhe only 1 begg'd to have reftor'd, the Fault is entirely theirs.' But the Difpatch of the Plenipotentiaries of the 2d of Sept. re- lating to Toumay, having not yet been confiier'd by the lords of the Council, his L dfhip could not give any pofitive Inflections about it till the next Opportunity : but in the mean Time recommends to them Two Confiderations *, that the keeping of the Dutch in hopes of Her Majefty's good Of- fices ^ will prevent them from taking any dt fper ate Resolution \ and the French infifiing to h ( ive Count Rcchteren difavow'd. before any further Treaty ^ will put off for fome time the Deci- fion of that great Point. Ld. Strafford in the mean Time, by his Letters of the 13th and 1 6th of Sept. N. S c reprefented the States as mightly 1 funk with their Misfortunes, and not knowing well what 1 Meafures to take, but that they infifted upon 1 our nay as fo c efTential to their Barrier, that they actually had none c without it *, and his Ldfliip is fo much of that Opinion, that * be wifhes they might have Toumav, tho' they were fore'd 4 to truck Ipres for it \ that if he could pofnivdy afTure them * they ftjould have Toumay, he believed they would fubmit * to the Plan of the Queen's' Speech/ This Opinion of his Ldfbip is not very eafily to be reconcild to what he after- wards wrote to Mr, Prior upon this Subject, Olt the 4th, 1712. c If we had a Mind to have Nick Frog fign with us, * we might, for he is ready to do it for Toumay\ which, if f we fign together, we can't well refufe him, but I expect * you will cut that Matter fhori, and I long to hear from f you. The Tranfa&ion in relation to Tournay, is by the Com- mittee fet forth in one fhort View: The Difpute concern- ing it arofe from the French Minifters infifting to be very particular and exprefs in demanding the Retfitutionof this Place } ( 7 o ) • Place *, which the Britifl) Plenipotentiaries conceivn1| to be inconfiftent with what the Queen had declared, refufe to open the Conferences until they had further Orders. When this came toibe confiJer'd in England, L. Bolingbroke fays, It occafion'd Warmth in the Cabinet-Council \ but his Ldfhip inftead of taking Meafures for preferving the Town as Part of the Barrier of the States General, which, as he con- fers, was fo intended in the Queen s Speech, propofes Expe- dients whereby the Town might be re fiord to France without the Queen s becoming a Party to a Thing which was contra- dictory to what She had once advanced: And gives his Advice to Mr. de Torcy, by what Management Toumay might be fecur'd to the K. of France, contrary to the avow'd Senfe of what the Qtteen had declared in Parliament j and altho' France had contented in a Memorial deliver'd by Ab. Gaultier fo early as the 18th of Nov. 171 1, not to infift upon Toumay^ and this he does in his private Capacity, and not as a Secretary of State. But that his Ldfhip was not fingle in his Endeavours 10 aflill: France upon this Occafion, appears by the great Trouble that he fays this Matter had given both him and my Ld, Treafurer in the Cabinet*, and if any Regard is to be fciyen to Mr. Prior's Paper, my Ld. Treafurer muft cer- tainly have written to Mr. Prior upon this Subjed, who could orherwife have bad no ground to fay, My Ld. Trea- furer does net at all doubt but the Court of France will find a Remedy. Which is agreeable to what \A. Bolingbroke faid in other Words when this Advice was fent : The Solution of this Difficulty mufi come from France. What happened afterwards in relation to Toumay •, upon what great Con- ceflions made to France, together with the advantageous Terms procur'd for the Ele&or of Bavaria, the Meafures. and Councils relating to this Affair were afterwards alter'd, is not material enough to require a long Detail \ but no- thing lefs than an abfolHteConcurrer.ee, without any new Objection or further Demands, was to fatisfie for ihe Cef- fion of 'Tciirmy, and that it was at. laft obrain'.d is owing iolcly to the Firmnefsand Refolution of the States. The Difpute between Count Rechter errand Mr.Mefnager was [fill kept en Foot:, tho' it was at laft left to Her r Maj^fty to decide upon this Difference, i There beiqg fomq Points relating to Commerce, and North dmerkaf which are (70 arc of very great Confequence to the Intereft of the Qn's Subjeds, and the Honour of this Treaty ftill to fettle ^ Ld. Bolingbroke thinks it neceffary, tho* the Dutch may be uneafy that that Affair of the four Species to b's excepted out of the Tariff of 1664, fliould fiill be kept in Uncertainty j and the Britifi Plenipotentiaries accordingly, to gain Time till they could know Her Majefty's Pleafure, revived the Dif- ference betiven Count Rechtcren and Mr. Mefnager •, and hope 'tis for Her A^ajefiys Service in this manner to fiave off the Conferences. TheDifferences that arofe concerning the Treaty of Peace, and in particular about our Commerce, being finally to be determined at Paris by the D. of Shrewsbury and Mr. Prior, the Committee think it needlefs.to enter into all the Orders and Inftrudions, Objections and Anfwers, that went and came to and from Vtrecht, where there was, indeed, but little more than the Form of a Negotiation \ and conceive that an Account of what pafs'd between London and Prance will fet this whole Matter in a clear Light. In the firft Place, they take Notice here of a remarkable Paflage or Two, found in Ld. Bolingbroke^ Letters to Mr. Prior. On the 19th of Sept. O. S. Ld. Bolingbroke fends Mr. Prior an Account of fome Advices they had receiv'd of the Invafion of the Lee- ward-Iflands by the French. \ This, Dear Mat. fays his * Ldfhip, proves a very untoward Contretemps \ it gives a c Theme to the Whigs, and ferves to awaken the Pafiions c that were almoft lull'd afleep. We expected that Caffart's c Squadron might be gone to the Coaft of Brafil, or toS«- * rinam, but we never imagin'd our Colonies would have c been attack'd by him, at the Time when we were k»it- c ting the Bands of Friend fhip between the Two Natiwis c with all poffible Induftry. Could this ill Opinion of our c new Friends have entred into our Heads, I do allure you 1 he fhould have been accompanied by a Fleet of the Queen's, * which would have kept him in Refped: Compare this 1 Condud with that of the Queen's, &c. * And here follows the PafFage wfich has been already mention 'd, wherein his Ldfhip- declar'd concerning the Order fent to the D. of Ormond. ' I will not fay this Order fav'd their Army 1 from being beat, I think in my Confcience that it did. His Ldfhip goes on. J In a Word we depended fo much 1 upon ( 70 upon the good Under/landing, which we thought e/ta* bliuYd, and were (o earneft to prevent any thing which might break in upon it, that we not only avoided to for- tifie our Squadron, as we might have done, but we alfo negleEled to put in Execution fome Defigns, which would have annoyed both French and Spaniards, perhaps more than any that have been effected in the Courfe of this War. Another Inftance of his Ld (hip's good Difpofition to the French Nation is to be found in his Letter to Mr. Prior of the 29th of Sept. wherein he fays, c I have got at laft the 1 Affair of the Griffin compounded, not without very great c Difficulty \ and tho* the Sum paid to the Captors was fo * large as 35000 1. the Ship was plainly Prize , and the Pafs * fent over hither might have been prov'd to have been * numerically one of thofe I delivered at Fontaincblean, 4 * Days after the Griffin was in Sir Thomas Hardy 's Power \ c tho* Gaultier was ready to fwear that he receiv'dit fome * Months before *, which part of the Abbot -has, I confefs to c you, done him no Good in my Opinion. From whence it appears, tho* this Pafs was none of them, that PafTes had been granted fome Months before the Sufpenfion was con- cluded. Whilft the Engliflj Miniftry are doing thefe good Offices to the Subjects of France, and taking all Opportunities both publick and private to efpoufe their Interests, the Com- mittee is furpriz'd at the ill Treatment which England re- ceiv'd from France at this Time, and at their Backwardnefs in making good the Promifes and Engagements they were under in fome Points that molt nearly concern'd the Interefts of Gr. Britain. At the latter End of 08. Mr. Prior was fent into England, and by what appears left his Refiience in France, without the Leave or any Order from the Q; n his Miftreis j but was fent over by the K. of France as a pro- per Perfon^ whom he thought fit to entrufi with the great Secret of prevailing with the Queen by her Credit to obtain what the JC. demanded for theEleclor of Bavaria. He brings a Credential Letter from the K. of France to theQ n, which fecming fome- thing New of the Kind is annex'd in the appendix. About the middle of Nov. Mr. Prior goes back into France with new lnftru&ions, wherein the Propofal of a Neutrality in fialy (7?) Italy is one of the chiefeft Articles ; and that he might have a perfed Knowledge of the Queen's pre Cent Refolutions and Councils in relation to the prefent Treaty of Peace, a Copy of the laft Inftrudions to the Plenipotentiaries at Vtrecht is given him, that as Occafion fhoul 1 require he might ad in all Things conformable to the Q n's Intentions therf in eyprefs'd. He carries likewife a Letter from the Queen to the K. of France, wherein, among ether Things, it is faid, That Mr, Prior continuing to behave himfelf fb as that his Conduit may be entirely agreeable to the K. of France, he does but literally execute the Orders the Queen had given him, and is a Proof of his Duty and Zeal for her Service, After this it appears that when the Treaty of Peace was ready to be concluded, the Advantages GV. Britain was to exped and reap frem the Endeavours of the Britifl) Miniftry, to affift and fupport the Caufe of France, were in a great Meafure unfettled atkl un- determined. France began to cavil, and as Ld. Bolingbroke faid, go back from what the King had promifed the Queen. His Ldfhip cannot be perfuaded, as he tells Mr. Frier, L That 1 the French ad: either fairly or wifely, they prefs us to con- c elude, tha* they may have others at their Mercy ; and at 4 the fame Time they chicane with us concerning the moil ' efTential Article of all our Treaty, and endeavour to elude c an Agreement made, repeated, confirmed. The Two great Points of Moment in Difpute, were con- cerning the Fifhery at Newfoundland, and in what manner the Ceffion ot' Cape- Breton was to be made ; the other was about the Treaty of Commerce. As to the fir ft, itis obferv'd, That in the Queens Inftrudions to the D. of Shrewsbury, He is direded to propofe, as the Queens laft Refolution, that [he Will Confent to give and yield up to His moft Chr. Ma], the entire Pojfejfion and Propriety of the Iftand of Cape-Breton, but with tins ex prefs Condition, That his faid Ma]> (hall on his part, in confideration of the fame, rel'mcjuifh to Her Ma], ak manner of Right to Ffhing and drying Fifh on the Coaft of New- foundland, or any part, refervd to his Subjects^ by the Articles fign'd at London the 2 1 qV 171 1. Several Reprefentations were fent backward and forward, (hewing the fatal Confequences of what was demanded by France , and altho' Ld, Bolingbroke in his Letter to Mr. Prior K of (74) of the 19th of Jan. 1712-13. infifled that the Queen had ni ver yielded what France pretended to, which then remain'd an unfurmountable Difficulty , yet in his Letter to the D. of Shrewsbury of the fame Date, he tells his Grace, if the French clofe with the Overture he then made them, with regard to the Difputes concerning Commerce, Her Majefty is wilting to accept the loft Expedient propofed by Monf. deTorcy, for adjuftingour Differences about North America, and to con- fent that the K g, in the Ceffion of Newfoundland, do referve to his Subjects a Right of Fifhing and Drying on the Coaft 0/' New- foundland, from Point Richt North about, to Cape Bonavifta*, and here no Direction is given concerning Cape Breton, of which the French got the entire PofTeflion and Propriety •, al- tho', in the D. of Shrewsbury* Irtftrudions, it is declar'd, That the Qjn look'd upon Cape Breton to belong to her *, and reckon d that Ifland a Part of the ancient Territority of^ovaScoth^which is, by this Treaty, rejlord to Her. But if his Grace could not prevail upon them to agree with him in the Article of Com- merce, he was to declare, That neither will the that he may g-?c Robin and Harry hanged \ c but Affairs will foon run back into fo much Confufion, that * he will wifh Us alive again. To fpeak ferioufly, unlefstbe 'Q. can talk of her Interefts as determined with France \ L and unlefs Your Court will keep Our Allies in the Wrong, c as they are fufficiently at this time, J forefee inextricable ( Difficulties. My Scheme is this : Let France fatisfie the Q. * and let the Q immediately declare to Her Parliament, and c in the Congrefs, That fhe is ready to fign :, at the fame * time let the French Plenipo's fhow a Difpofition to conclude c with all the Allies. And then his Lordlhip enumerates the 'feveral Offers which he would have France make to the fe- 4 veral Allies: which, tho 5 very general and infu-fficient, his c Lordfhip fays, if luch Overtures as thefe (made to the c Allies) were not inftantly accepted , Our Separate c Peace would, fitting the Parliament, be addrefs'd for, made, c and approved *, and the Caufe of France for once become c popular in Britain. If they were accepted, let Monf. de 'Torcy fit down and confider what a Bargain would be made 1 for France \ let him remember his Journey to the Hagne y * and compare the Plans ot 1 709 , and 1 7 1 2. Monf de Torcy 1 has a Confidence in you : Make uie of it once for all upon c this Occafion, and convince him thoroughly, that we mufl 1 give a different turn to our Parliament and our People, ac- ' cording to their Refolution at this Crifis. The next Letter is of the fame Strain : c W 7 e are now, fays his Lordfiip, fc at the true Crifis of our Difeafe, we Die at once, or Reco- ver at once, let France depart from that (hameful Expedi- ' ent by which they thought to bubble us out of the Advan- 4 tages which they had folemnly yielded, and all is well, o- 4 therwife, by God, both they and we are undone. Pray fend * Barton back as fail as poflible \ the Q. can neither delay the * meeting of Parliament longer than the 3^. nor fpeak to the * tioufes (7« ) * Houfes till we hear from you. My Compliments to MonC de Torcy : Let him know, that if they do not agree wtth t the 2. 1 may perhaps be a Refugee ; If I am, I promife be- fore hand, to behave my felf better in France, than the ^ French Refugees do here. Make the French afham'd of their peaking Chicane • by Heaven, they treat like Pedlars, or, which is worfe, like Attorneys. Tho' all thefe publick TranfaAions pafe'd through the Hands of Ld. Bdingbroke, it appears that he was not the on- ly Perfon in the Secret •, but that a greater Influence chiefly direded and governed all thefe Councils ; And that the Ld. Treafurer, as in the great Affair of Tournay, was in this Tranfadion thechtef Conductor, as may very reafonably be concluded by feveral Letters that Mr. Prior wrote about this Time to my Lord Treafurer, altbo' Mr. Prior has not thought fit to produce one Letter from his Lordfliip. to him. Mr. Priors Difpatch to the Secretary's Office, giving a full Account of the prefent State of the Treaty, with feveral Papers concerning Commerce and North America, is dated December the z%th, 1712. N.S. The Day after, December ihcigth, N. S. Mr. Prior writes to my Ld. Treasurer, and tells him , / have wrote a Book inftead of a Letter, to my Lord Bolingbroke, which I defireyour Lordfhip would be pleafedto rim over, that knowing what I have done here, yon may Honour me with your Commands as to what I am to do. He hopes his Prcpofal about Newfoundland, which he fends his Lordjhip en- closed, is fitch as may terminate that Affair to onr Advantage. If your Lordjhip is of the fame Opinion, I fiiall have entire Satisf.tlion. January the Sth, 1712:3. N. S. Mr. Prior writes again to my Ld. Treafurer, that hehadbeeninConfe- rence with the French Minifiersto adjufi the Points undecided', that he had fern Ld. Bolingbroke the Refult of thafe Conferen- ces, and fays, I hope the whole Affair of Newfoundland is adjufted to your de fire *, there were fome Points infifledupon by our Plenipotentiaries which the Miniflcrs here thought very un- reafonable; and to fay a Truth to my Ld. Treafurer plainly, which I a little mitigate to my Lord Bolingbroke, / think not very reafonable. He then gives an Account that Monf. de Torcy was furprizJd, that the Dutch had but in Part comply J d with what Lord Strafford declardto them to be Her Majesty's Re- folutions to which he hopes the Q, will fend fitch an Anfwer as may cut off all Delays', and upon this Occafion Mr. Prior fcys to my Ld. Treafurer \ \ This I. o^jy writs to your L'dfhip^ (79 ) 4 Ldftiip, it being a thing that fhould not be canvas'd in } Council-, and 1 have promis'd that the King (hould have 4 Her Majefty's Anfwer upon it, as he defires. ' January the lgth, 1712-13- i\f« S. Mr. Prior writes again to the Lord Treafurer :, acquaints him, c That the Duke of Shrewsbury 4 now fends to Ld. Bolinvbroke the Subftance of their laft * Conferences with Monf. de Torcy, upon the Subject of 4 Newfoundland j to which I take Leave to add j That your 4 Friend Torcy is in the laft Concern to find the Duke's In- 4 ftrudions fo ftrid 1 , in a Point which cannot be given up by 4 France, at a Time when we well hop'd that Difference 4 was adjufted. Pray , my Lord, let us have your * diftinft and pofitive Orders hereupon by the firft. Duke 4 of Shrewsbury defires that we may have your Orders to d~ 4 nidi. I believe Torcy writes himielf to you. ' January the 23^/, 1712-13. N. S. Mr. Prior writes once more to the Ld. Treafurer, and tells him, 4 I have already wrote fo 4 amply to your Ldfhip, on the two great Points of New- 4 foundland, and the Tariff of 1664, a, id expect fo daily 4 your laft Orders upon thofe two Points, that I will not c trouble you at prefent further than to fay, if thefe two 4 are fettled, the Peace may be determined here to Morrow, 4 and fent the next Day to Vtrecht to be fign'd. ' 4 And on 4 the zd of February 1 j 12-1$. Mr. Prior fays to the Trea- furer*, 'If Idefire you to, write to me, itisbecaufe I really 4 think it for the Queen's Service*, that in this great Poll 4 where you have put me, 1 may fay, 1 have the immediate 4 Commands of my Lord Treafurer •, and in regard to that 4 Friend fhip with which you have, fo publickly honour'd me, 4 and which, by the By, does all the bufinefs here. I And on February the 4/i*, ' I (hall dired: my felf as you lhall be pleas'd 4 to inftru«ft me privately. ' If the Committee had found among the Papers delivered by Mr. Prior, the Ld. Treafu- rer 's Anfwers to thefe Letters, it would have appear'd, how far the giving up the Fifhery of Newfoundland, and the ac- cepting of the 9th Article of the Treaty of Commerce, was owing to his Lordfhip's immediate Orders. It feems, howe- ver, to be a very extraordinary Proceeding, that the Queen "s Minifters in France, acting by Authority, and under Her In? ftrutlions, fhould appty to my Ld. Treafurer, for his- t&fcin£t\ and pofitive Orders to releafe them from the Qtoceris Inflrufti' (So) ons i becaufe they are thought by the French Mini/ters to be tooflrict\ and if it be a Doubt, by whofe Order or Advice it was procur'd, fo much is certain, that thefe Applications* bad their defired Effect •, and the Newfoundland Fishery was given up ; and the Advantages we were to receive from bu- ing treated upon the hoot of Gens amkifiima, were all bn- ry'd in that ckftructive Article, of the 9th Article of the Treaty of Commerce. The Difpute raifed atVtrecbt had been foorder'd, that the Miniftersof the Allies could not obtain any Conferences withthofeof France, till the Points in Difference were ad- jufted between England and France •, by which Means it was February 17 12- 1 3 before the Dutch and French were fuffered to meet : And it being now the Bufiuefs of France to con- clude With England feparately, the Temper the French Ple- nipotentiaries appear'd in, made all Bufinefs fo impractible, that the Bruifh Plenipotentiaries were under a NeceiTity of complaining of it to Ld. BoVngbroke y and to acquaint him, . February the 3^, 1712 13. c The French appear fo very un- 1 complying in every Point debated, and fo very forward and * pofitive in their Refufal of a great many things, which the ' Dutch took to be granted and fettled, as well by Her Ma- * jetty's Speech, as the Declarations lately made by Lord 1 Strafford, that the Difappointment they met with, put c tbem in the greatelf Conilernation : Reaibn Was alfo»givert c us to participate in thefe Difcontents y and to regard feverai * things whicn appear contrary to what Htr Majefty hasde* c clar'd, as very unfair \ yet all that could be faid prevail'd 1 not. The Committee is not furpriz'd, that the Inilances of their Excellencies had fo little effect with the French Pleni- potentiaries, who then expected that Orders fhouldbe fentto the Britijh Plenipotentiaries immediately to lign a feparate Peace, which according to their Expectations, were fent Feb. 20. 1712 13. by Mr. St. John, Brother to the Ld. Bolingbroke, to Conclude and Sign with France as foon as the D. of Shrewsbury ftiould fend them Advice that the Propofiti- ons he was to make at the French Court were accepted -, and on the 2%th Ld. Boltngbroke with the utmoli Joy acquaints their Excellencies \ c That he had received from the D. of 1 Shrewsbury the expected Returns \ He had therefore dif- ( patch'd (JO c patch'd a Courier to them, to renew thofe InftrucYions c which he hoped were clearly enough fignify'd in thofe Pa- mpers which his Brother carried. He acquaints them that * the D. of Shrewsbury had declar'd, that their Ldiliips had * Orders, in Cafe the French complyd, as they now a&ually c have done, tofign Her Majefty s Peace with Frame with- c out further Delay *, and that Her Majefty would open the 'f Parliament, by telling them, She had made a Peace with * France. The latter She will Her felf perform on Tuef * day •, and the former, it is Her pofitive Command that c your Lord (hips make good as fad; as the neceffary Forms * of preparing and executing the Inftrtfments will allow. 4 And his Lordfhip gives their Excellencies pofitive Or- f ders, without any Delay to execute the Treaties of Peace c and Commerce between Great Britain and France. On the 7th, and 20th of March, O. S. Lord Bolingbroke re- peats thefe pofitive Orders, and infifts, that the Peace fhould be concluded with that Precipitation which Her Majefty would have us'd. And it is obfervable, that among all the Demands that were made, upon Account of any Prince or Potentate, none, at this Time, met with the leaft Regard *, when, at the fame time, the Intereft of the Princefs Vfini was efpous'd in the (irongeft Terms: And in the fame Let- ter, March 1. OS. where his Ldfhip, fpeakingof the Con- fequence of the Reftoration of the Elector of Bavaria to his Electorate, faysj c Her Majefty does notmudi enter in- ' to the Notion of the Degradation of Hanover , c as a Matter of any Jmportance. ■ His Lord&ip de- clares, c That the Principality in fome Part of the Spaxi[h f Net her Ian d$\ with a Revenue of 30000 Crowns demanded 1 for the Princefs Vrfinl^ muft be made to the Emperor, ' and all Parties concern'd, a Condition fine qua nt* 9 of c the General Peace. But the Brit. Plenipo's, who were to fign, had feme Diffi- culties \ and acquaint Ld. B-ke •, We could fay a great^ deal to jufiify our caution* Proceedings with the Fren. and arefatisfy'd, that Tour Lp. would be of the fame Opinion^ if you were to fee their Way of negotiating with all the Allies^ ana how hard it is for m to obtain here what to Tour Lp.feems impojfible the French Jhould make any difficulty to grant. t The ( 8a) The repeated Orders to the Plenipo's prevail'd at laft (o fit upon them, as to acquaint the Allies, the £K found it necefjar$ ' to Conclude her own Peace without Delay } and that Time (liquid be allow d thofe that were not ready : But they ftill avoided the a&ual Signing till the reft of the All s,whofe Treaties were in • a Forwardnefs, were ready to fign with them •, and, to jufti- fy themfelves, they acquaint the D. of Shrew sbnry, .that, be- fides other Considerations, their chief Objection was, that tho' they had Orders to fign a Particular Peace , yet their full Powers under the Great Seal, only authorized them to negotiate, agret^ and conclude the Conditions of a Good and General Peace 9 agreeable to the Interefis of all, and each of the Allies. And what made them moreaverfe, was the great Importunity with which the French pufh'd them to fign feparately. 4 We are., fay they, furprizd at the Ea^ernefs of the Fen. Miniftersto c have us conclude alone, when fo many of the Alls are, in a 1 manner, ready to join with us *, nor can we enough appre- hend the Confequences at home of doing it alone. Hereupon Ld. Boling-ke, who fays, ' He has not Sagacity e- ' nough to find the Objections that the Plenipo's had made to * their Firft Full Powers, for their Satisfaction, fends them a New Commiftion,and repeats to them pofitive Orders to fign and conclude with France for which purpofe c they were to 4 appoint a Day to defire them to be ready, and at thefame c time to prefs fuch as conld not be ready by that Day, to fix * fome other on which they will fi£n. v By this new Commif- * fion, His Lordfljip tells them, they have a Power, as before, * tract an di convemendiq\ the Conditions of a Good and Ge- c neral Peace, which is no more than you are to do, when you 1 are to offer, jointly with the Ministers of Fran, a general * Plan to the Alls. Thefe Difficulties of the Plenipo's made the Ld. Treaf. who never fail'd to exert himfelf when he found itabfolutely neceffary, think it high Time tointerpofe his Authority, and accordingly, Mar. 31. N. S. he wrote to My Ld. Str-d in this manner : c I muft felicitate Your Ex- cellency upon the Succefs of all yonr Zeal, and the true c Love you haye ihewn to your Q. your Country, and Re- 1 pofe of all Europe, The remaining Danger is,lelf we fliould 4 fuffer Shipwrack in the Sight of the Port. The Nation 1 here are 500 to 1 for Peace. The Warriors are driven from * their Outworks -, the laft Retrenchment they have is Delay ^ («J ) c and I muftf ay, this operates much here. The Ferment be- 4 gins to work, and it will be impoflible to anfwer for the c Turn the Houfe of Commons will take, if thefe Delays pro- c voke them further. They all feel how many ioooco /. this 1 needlefs Protraction cofts them. We now maintain 49000 c effedive Men by Land, and 30000, within a Trifle, by * Sea. In the mean Time, the Merchants lye off, and will * not come into Port •, the Amufement of Stories inveoted by c the Fa&ion, and the Correfpondence and Encouragement 1 that Party gives to their Friends to hold out, and to wait ' for fome unhappy Accident that may unravel all which is ^done : Add to this, the III Humour which will grow in ' Members, by being kept fo long in Town idle *, and, in one * Word, all that has been unfettled for many Days, is not 4 worth one Day's Charge Eng-d isat extraordinarily, by this * Delay. I find this feems to be the prevailing univerfal Opi- * nion here, and that Fran, has acquitted her felf ; the only * Stop is now at Vtrecht. But this Stop did not remain long \ and as His Ldp. never yet appeared in vain, all further Ob- flru&ions at Vtrecht were after this foon removed. April l 12, 1713, the Treaties of Peace and Commerce between Gr. Br. and Fran, were fign'd between Two and Three in the Afternoon. This Example was follow'd by feveral of the Allies : And laft of all, when it was in vain to hold out any longer, the Dutch about Midnight fign'd their Treaties of Peace and Commerce *, and the Emperor and Empire alone, chofe rather to bear the Weight of the War, than fubmit to fuch difadvantageous and difhonourable Terms as had been carv'd out for them by England and France. The Committee obferve that the Qs Plenipo's fuffer'd a Claufe to be inferted at the End of the 15th Article of the Peace with Spain, whereby they gave a Pretence to the Sp?ds to claim a Right to fifh at Newfoundland^ contrary to the 7th and 8th Art. of the Treaty made with that Crown by Sir Wm. Godolphin, 8-18 Jul. 1670, whereby it is agreed, That theK. of Gr. Br. his Heirs and SuccefTors, Ihall enjoy for ever, with plenary Right of Sovereignty, &c. all thofe Lands and Places whatfoever, being or (cituated-in the Weft; Ind. orinanyPsrtof ^/#er/Vd which the faid K. of G. Br. and his Subjects, doat prefent hold and poflefs. And that ! ; he SubjecVand Inhabitants, Merchants of the Kingdoms,^. La raft (S 4 ) and Dominions of each Confederate refpe&ively, fhall forbear to fail and trade in the Ports and Havens which have Fortifica- tions, Magazines, or Ware-houfes, and in all other Places whatfoever, pofTefs'd by the other Party in the W. Ind. &c. The Board of Trade being confulted on the Soan-ds claiming aRighttofifb at Newfoundland,bcing returned the following Anfwcr to Ld. Dartm-th, dat. June 13,1712-13. We have confidered the Extract of a Memorial from the Marquis de Monteleon, relating to a Claim of the Inhabitants of Guipufcoa, tofifl) on the Coaji of Newfoundland ', and there- upon take Leave to inform Yof$r Lp. that we have dijeours'd with fuch Perfons as are able to give us Information in that Matter \ and we find that fome Sp~d$ are come hither with Vaffesfrom Her Maj, and others may have filh'd there privately :, but never any , that we can learn, did do it as of Right belonging to them. By the Ati to encourage the Trade to Newfoundland, pafs'd in the 10th and I ith Tears of His Late Maj. w'en we were in Amity and Alliance with$p-r), it is didard and enalled, That no Alien or Stranger whatfoever, not refiding within the King- dom of England, Dominion of Wales, or Town of Berwick upon Tweed, fhall at any time hereafter take bait, or ufe any Sort of Trade, or Fifhing whatfoever, in Newfoundland, or in any of the Ifiands adjacent : Purfuant to which Ad, In- ftru&ions have been given every Year to the Commodores of the Convoys, to prevent Foreigners coming thither. The Committee are at a Lofs to account for the Reafons that pre- vail'd with the Miniftry to admit the Infertion of this Arti- cle*, and upon this Occafion acquaint the Houfe, that they find very few Footfteps remaining of the whole Tranfaftion, relating to Commerce with Sp-n. That the Management of itwasentrufled with Mr. Giliingham, an Irijh Vap'fi, who Was fent thither for that Purpofe :, for which Reafon L. Lex. ington, in his Letters to Ld Dartmouth, frequently excufes bimfelf for not writing upon that Subjed, Mr. Giliingham giving fuch full Accounts of the Matter-, notwithftanding which, no one Letter from Mr. Gilllngham to the Secretaries Office can be found •, and the Committee are indue'd to be- lieve, that this whole Tranfaction was carry'd on by another Way. - From this Pafftge it appears evident to the Committee, that a Correfpundence was carry'd on between the E. of Oxford and (8$) and Mr. Gillingbam, in relation to our Treaty of Commerce with Spain, Rut for want of the Papers which pafs'd be- tween them upon this Subject, the Committee is likewife at a Lois to find what Motives could induce the Bntijh Mini- ftry to admit fo efTential an Alteration of the Treaty of Com- merce, fign'd by the Qneen\ Plenipotentiaries, as is made by the Three Explanatory Articles, as they are call'd, which are added to the faid Treaty, and are, in an unprecedented Manner, inferted in the Ratification of it j notwithftanding it doth not appear, they had ever been consented to, much lefs figndby any ot the Queens Plenipotentiaries. Amongft other very material Difad vantages to which thefe Articles iubje£r our Merchants, the Committee is inform'd, that, by Virtue of them, Spain does a&ually at this Time demand of our Mer- chants Fourteen /w Cent, on Account of Cientos, Millones, and Akavala,s, over and above fifteen per Cent, which they exad for other Duties, which added to' them, amount to Twenty Nine per Cent, whereas, 'tis notorious, that, during the Reign of K. Char. II. of Spain , the whole Duties exacted, and paid by our Merchants for all Goods imported to the feveral Ports of Spain, computed by an Avarage, did never exceed Ten per Cent, but rather fell fhort of it. By what Management thefe Articles were ratified, and how legal and warrantable it was to affix the Great Seal to Articles fo per- nicious in their Contents, and fo irregularly offer'd, the Committee fubmit to the Confideration of the Houfe. The Committee having thus gone through the chief Tranfa&ions relating to the Negotiations of Peace and Commerce, proceed to offer to the Houfe what they have found material in the Papers referr'd to them concerning tte Catalans. In the firft Place, they obferve, that after fe- deral unfuccefsful Attempts by the Way of Portugal, and ftie Defign upon Cadiz., to fettle K.Char. on the Throne of Spain \ and that the Confederate Fleet had appear'd before Barcelona in 1704, without the dehVd Succeis *, Her Maj. in the Beginning of the Year 1705, fent Mr. Crowe as Her Minifter to Genoa, with private Initru&ions, * to treat 4 with the Catalans, or any other People of Spain, about c their coming into the Intereft of Char, III. of Spain, and 5 joining with Her Maj. and Her Allies. For that Purpofe J lie is to inform himfelf, what Numbej: of Forces they will ' ' - * raife, (86 ) * raife, and what they expect: ftiall be Tent toaffift them: If * any of the Nobility infill npon a Sum of Money to be ' advanc'd to them, he muft afrure them, he does not doubt 4 but he (hall be impower'd to remit to them whatfoever is ' neceflary and reafonable for their Support, as foon as c they are actually in the Field •. That he fhall give the ' Catalans, or other Spaniards, AfTurances of Her Majefty's * utmoft Endeavours to procure the Eftabtifhment of all fuck f Rights and Immunities as they have formerly enjoy'd un- * der the Houfe of Aufiria : That She has, for their fur- c ther Satisfaction, Cent to K. Char. 111. for Powers forcon- c firming the fame to them ; and that fhe is willing if they * infift on it, to give Her Guaranty that it fhall be done. Mr. Crowe had alfo a Commiflion of the fame Date with his Inftru&ibns, to treat with the Catalans upon the Terms before mentioned, upon this exprefs Condition on their Side, Thai they (houtd acknowledge, and receive K. Char, as lawful K. of Spain, and utterly renounce the Houfe of Bourbon. He had with this, credential Letters, fign'd by the Queen, di- rected to the Nobility, Magiftrates, and all Officers Civil and Military, of Catalonia, ' de firing them to depend upon the Tromifes he (hould make them in Her Name, The E of Pe terborow, aad Sir Cloudejly Shovel, by their fnftruftions, dated May i. 1705, were likewife order'd to ufe their Endeavours to induce the Catalans to join with them in their Undertakings, and to animate that People to profecute their Liberty with more yigour ; to affure them of the Queen s Support, and to promtfe them in Her Name, that fie will fecure them a Confirmation of their Rights and Priveleges from the K. of Spain, that they may he fettled on a lafting Foundation to them and their Pofierities: But they are order'd in Cafe the Catalans make no fuita&fc Return to thefe kind Offers, to annoy the Towns on.the Coafl of Spain, and to reduce them by force. Moreover, a Declaration was drawn here, and deliver'd by Mr. Secretary Hadey to the E. of Peter borow, full of Aflurances in the Queen % Name, of Support, and of their Liberties on the one Hand, and- Threats on the other *, which Declaration his Ldfhip, did ac- cordingly publifh. The Succefs of that Expedition needs not be here particularly mention'd. K. Char, in his Letter to the Qveeu^ofOcl;. 22. 1705, gives an Account of them, and what they were owing to, viz,. - The Affurances of your Ma- jetty's. <8 7 ) jeftys generous Protection, upon which my Subjects in Catalonia iexpofe their Lives and Fortunts. No want of Fidelity or Zeal For the Common Canfe, during a long War, that abounded with extraordinary Turns of Fortune, was ever objected to thefe People-, on the contrary, they received tothelaft the Applaufes of the Allies, and Affuranees repeated to them by every General and Minifter that was fent from Gr. Bri- tain to that Country, that they (liould never be abandoned. When the Queen enter'd into feparate Meafures of Peace, Ld. Lexington was fent Ambaflador to Spain, at which time, confidering the Circumftances of K. Philip's Affairs, and the Obligations he had received from the Owen, the Cata- lan Privileges, if plainly demanded and infilled upon, could not have been refufed, and without it, could never be ex- pected to be grantd to a People To remarkably zealous for the Common Caufe. But his Ldfhip's Inftrudions, inftead of directing him to infift upon this as a Condition of the Queens Coming into the Peace, order him onlyto represent to the Court of Spain, * That it is no lefs for the King's In- c tereft, than for the Queens Honour, that a general Amnefty 1 without Exception be granted to all Spaniards who have * adhered to the Houfe Auftria, and in a particular Man- € ner to the Catalans, with regard to their Perfons, Eftates, c Dignities and Privileges- ' Thefe Inftrudions, tho' very defective, were not complied with -, for Ld. Lexington, in the i ith Article of his Demands, deliver'd to the Court of Spain, upon his Arrival there, exprefTes himfelf thus *, That the Queen prays His Catholick Majefty, that a general Am' nefty without Exception be granted \ but leaves out the Words in his Inftrudions with regard to their Perfons, Eftates, Digni- ties and Privileges. The King's Anfwer was, c That the General Amnefty c relating to the General Peace, was not proper for the pre- 4 fent Treaty •, and therefore he left it to be then treated 4 of •, that he would make ufe of his great Clemency, pro- 4 vided the Queen would contribute to the Safety, Kepofe, c and faterefts of fo many faithful Subjects, who, had fol- c lowed his righteous Caufe in Flanders, and Italy } and that * an exprefs Article be inferted in the Peace, wherein it * fhall be declared, That all Subjects who have done their 4 Duty, by adhering to His Catholick Majefty, fhall beefta- 'bliih'd (88) c blifh'd in tbeir Eftates and Honours of what Nature (6c- 1 ver they be, which they enjoyed when they were under 1 bis Obedience^' Ld- Lexington tranfmits this Anfwer to England, which, tho' containing a direct Refufal of what was defired, and only general Affurances of Clemency from the King, on Conditions that could not poffibly be expected to be complied with •, yet his Ldfhip writes to Ld. Dartmouth, That the Article about the Catalans was agreed to} and thinks what they defire is but Juftice : And then goes on $ Thus, my Lord, J have finijh'd my Negotiation in the heft Manner J could, and hope it will be to Her Majeflys Satis- faction. No Diffatisfaftion was (hewn by the Miniftry in England, either with this Manner of Negotiating, or the Fruitlefnefs of it, but be is ordered to proceed in the Bufinefs, both as it was 'an Act of Humanity, which every one to the ut~ moft of their Power ought to promote \ and that the Inter eft of the K. of Spain was moft nearly concern d by that Means to get the Germans out of the Country. Hereupon another Memo- rial for an Amnefty is prefented, the Motive us'd to induce the* King to grant it, is his own Intereii, and to remove the Germans, without any Notice taken of thz Oiieetis Ho- nour being concernd in the Affair. fr. The King anfwer d, ' That the Catalans had deferved c little from him*, that they were now redue'd to a fmall c Extent of Ground, by the with- drawing o/ the Troops c of Britain and Portugal \ that his Troops, and thofe of the c King his Grand-Father, was entring into their Country * by Three feveral Ways \ therefore more in Compliance c to the Oiteen, than for the Arguments that had been ofTer'd, c he was willing to grant his Pardon to thofe Catalans, who c acknowledging his Clemency, and repenting them of c their Error, ibould fubmit to his Dominion and VafTalage, c within a Time to be prenVd.' Count Zinz.endorf, in the Project for Evacuating Catalonia, infilled upon the prefer ving the People their Privileges : But the K. of Spain refus'd it, and would only grant them an Amnefty. Ld. Dartmouth, in his Letter to the Marquis de Monteleone, and Ld. Lex- ington, fays. He cannot exprefs the Queens Surprise, to hear , that the Privileges of the Catalans were not intedded to be preferved to them by the Court of Spain j that thofe Privi- leges were neceffarily included in the Meaning of a General Amnefty (89) Amnefiy already granted \ an A this was an A fair wherein the Queen s Honour was extremely concern y d, and,thatjhe was obli- ge dby Motives of Conscience not tp depart from it. ' Ld. Lex- ington is hereupon order'd to infill again upon it, in the ftrongelt Manner that when the K of Spam is convince! of her Majeflys Steadinefs, and the Firmnefs of her Refoluti- on to adhere to this Demand, no doubt he will yield to what has been fo folemnly promi^d, and isinitfelf fo reafonable., That the Marquis at Monteleone, being reftrain'd by his In- structions from treating upon this Point, the Negotiating of it mufl: entirely lie upon Lord Lexington. Accordingly bis Ldfbip prefents another Memorial for a general Amnefty, with the Confirmation of all -their Privileges. ' The Amne- c fty, he fays, was granted, but the Privileges entirely refu- c fed, and in fuch a pofitive Stile, as he never met with, but 1 in demanding a Trad of Ground about Gibraltar. ' In a- nothcr Letter, fpeakingof the many denials he met with in Spain, he fays, l Things are not here upon the fame Foot as 1 they were before the Sufpenfion, for the King told me thefe c Words, We know that the Peace is as neceffary for You as * for Us, and that You will not break it off for a Trifle. It may feem unaccountable how the Queen s Endeavours could fail of Succefs, when (he declar'd her Confcience was eoncern'd in this Matter, and that, tho\She defireda Peace, She would not aft inconfiftemly with Honour and Juftice to ob- tain it. But the Committee very judicioufly obferve, that the firft fatal Step to the Ruin of the Catalans, was the Or- ders fenr Ld. Lexington, (contrary to his firft Inftrudions) upon his arrival at Madrid to acknowledge/^;/*'/; as King of Spam in a private Audience, before any one Article of Peace or Commerce was fettled with him, which put him in a Con- dition of refilling this, and whatever elfe he (hould think fit. The manner how Spain gain'd this important Point appears, to be as follows: Ld. Dartmouth had acquainted Mr. Prior, that Ld. Lexington was not to acknowledge Philip as King ot Spain, till he had agreed to the Demands his Lordftipwasto make in the Queens Name. However Ld. Dartmouth thinks it convenient the Sentiments of the French Court fhould be known upon this Matter as foon as poftlble. This Method of Proceeding with Spain was very much diGik'd in France, and Mr. Prior writes Ld. Dartmouth a very elaborate Letter, M full ( 9°) foil of Mo-.if. Torcys Reafons to induce our Miniftry to re- cede from that Point, and concludes with this remarkable one. *That the whole Treaty being Eventual, this Acknowledg- *ment of Phi lip as K.of Spain, would fall as the other Points, c unlefs the Conditions were made good, and the Peace a- 1 greed and ratified. Hereupon L. Bolingbroh determines this Matter in Favour of Spain, by imputing the former Directions to Ld. Dart- mouth's miftaking the Queen's meaning : And writes Mr. Trior Word that he was equally furpriz'd, and vexed to find by the uncouth way of explaining the' Q^s Senfe, that Mr. Trior bad been led to imagine it was intended Ld. Lexington fhould make any difficulty of acknowledging the K. of Spain as.fuch. The proceeding this way by acknowledging the King in the firft place, (fays his Lordfhip,) feems natural, civil, and unexceptionable, but any other Scheme is abfurdand inconfiftent with all the reft of our Proceedings ', and then concludes, For God's fake, dear Matt, hide the Nahdnefs of thy Country, and give the befi turn thy fertile Brain will furnifh thee with, to the Blunders of thy Country- men, who are not much better Politicians than the French are Poets, Ld. Dartmouth acqu}- efced, and difpatch'd Orders to Ld. Lexington, to acknow- ledge K. Philip, notwithftanding his former lnftrudttons to the contrary. Nor did the Minifters fhew that Zeal for the Q's Honour as might be expe&ed, with refped: to the Catalans; but plainly gave this Matter up. Lord. Bolingbroh in his Letter lo.theQ'sPlenipo's atVtrecht, tells them, It is not for the Interefi of England to preferve the Catalan Liberties, and ob- ferves, that the Catalan Privileges are the Power of the Purfe and Sword; but that the Caftilian Privileges, which the K.of Spain will give tt 'em (in exchange for their Catalan) are the Liberty of Trading to the Weft-Indies, and a Capacity of holding thole beneficial Employ mem s,the K. has to beftow in A- cneiica, which, lays his Ldlhip, are of infinitely greater Value io thofe who intend to live in a due Subjection to Authority. Ld. Lexington alfo, inftead of fupporting the Catalan Privileges, created the People as Rebels, and to induce Spain to make Peace with Portugal put! Monf. Orry in mind of the necefli- (y Spain is in of withdrawing their Troops from Andalufia, m order \o. cna'the Rebellion of the Catalans. When the - Convention (9* ) Convention was forc'd upon the Emperor for the evactaing Catalonia^ the Imperial Minifters at Vtrecht infifted upon the preferving by that Treaty the Privileges of Catalonia, Majorca, and Ivica \ but France and her Confederates infi- lling that that Matter fhouid be referred to the Peace, the Imperial Minifters at laft acquie/c'd upon the Q of Great Britain s declaring again, That fhe would inierpofe her good Offices in the mo ft effectual Manner to obtain the Privileges of Catalonia, Majorca, and Ivica : And the French K . engag'd. at the fame time, to join his Endeavours for that Purpofe, Hereupon the Negotiation in Spain was kept up till our Treaty of Peace with that Crown was ripe, by which the Catalan Liberties were to be abandon'd. This Ld. Lexing- ton fign'd, contenting himfeif with protefting againft that Article at the fame Time he fign'd it \ as he had writ Word before he intended to do, and that therefore the Q. was en- tirely at liberty to reject it. Notwithstanding the King of Spain's former refufal, Lord Lexington is directed to infill:, upon the Catalan Privileges and is again told, That the Queen thought her felf obli- ged by the ftrongeft Ties, viz.. thofe of Honour and Confci- ence, to infift upon it, for a People whom the Neceflity of the War had obliged her to draw into her Intereft. His Ldfhiphad fign'd the Treaty with Spain before thefe Orders to prefent another Memorial arrived. He thereupon ac- quaints the Marquifs of Bcdmar, that he was forry he was oblig'd to do any thing which he knew was againft the King's Sentiments, but having receiv'd exprefs Orders, he muft fol- low his Duty, and preients a Memorial, fetting forth, That the Q. had nothing more at heart, than to obtain for the Catalans the fame Piivileges they formerly enjoyed , which flie thought her felf dbligdto do, by the two ft range ft Motives viz. Honour and Conscience, thatjhe might not leave a Nation, which the Mif~ fortune of War obliged her to draw into her Intereft, in a wotfe . Condition than fhe found them. That after all the Pains ftie had taken for procuring a [olid and Lifting Peace to Europe, fhe hop'd His Majefty would not leave Her with the Grief oj having been the Occafion of the Lop of the Privileges of that People, but rather that in regard to the ftritl Friendfhip which was fi near being efkabliftid be- tween both their Majefties, as well as the Vnion jb necejfary to the Inter efts of both Nations *, He would not make any Difficult MZ ty (90 ty to grant this Favour to her Maje(ly y which (he had fo much at Heart. TheMarquifs^fc Bedmars Anfwer to this Memorial wa$* * That this Point about the Catalans having been debated in * the Treaty lately concluded, and fign'd in this Coart by * his Evcellency and himfelf, the King does nor fee that any c thing further is to be done to the Matter. ' This Treaty Was fentto England, and ratified by fhe^ Lord Dartmouth fays that Ld. Bolingbroke had the principal lhare in the Nego- tiation, and that the Article of the Catalans was put in as foft Terms as was confident with the Queen's Honour to al> low. The Terms of the Treaty are, ■ That the Catalan ' {hall have the fame Privileges as the King's tail: belov'd Sub- * jefts the C ft Mans enjoy. ' When the K. of Spun had re- teivd this convincing Proof of our Miniftry's Attachment to his Intertfts, and that the Ties of the Queens Honour and Con fcience were of no Force with them, when cppofed to his Defires, he takes a further Step, and directly propofes to Ld. Lexington, that the Queen would afftft him with Ships to block up Barcelona. His Lp's Anfwer Was, That he was afraid this Propofal would meet with this Difficulty, That Her Ma]* would be very unwil- ling to lend her Ships to exterminate a People that had taken up Arms, in a great meaftae, at the Jnftigation of her Mini- fiers } and that fie would think Jlie had done enough to gratify the King, in not infixing upon the prcferving for them their an- cient Liberties, wiwout helping to deflroy them. But the Re- gard the Miniftry bad to this Requeft of the K will after- wards appear. The French AmbarT and the Pcefs des Vrfint propofeel to Ld. Lex n, and the Night before he left Madrid^ the King fent for him, and engaged him to write a Letter, concerted with, and approved by the K. to the Regency of Barcelona, advifing them tofubmit themfelves to their K. His Lp. affures them of his cOnftant Endeavours to do the beft he touldfor them \ that God had not permitted him to do more than he had done : That if they would take their Refolution fion 9 be- fore he was out of Sp n, he would write for them in the manner they ftnouldde fire \ and concludes his Letter with New AJfuran- ces of his Concern for their Inter efts. To make tTlis appear the more friendly to them, he tells them, he hadentruftedthc Confulat Alicant to get this Letter conveyed to them, upon fome fnvmttw other ; tho' a Duplicate of it was alfa fent to the "* Cuunt (9? ) Count of Lecheraine, one of the K. of Spn's Generals be- fore the Town, with Direction to have it fent in as by a De- ferter, without his Knowledge. Mr. Burch, His Lp's Se- cretary, amongft other Reafons, gives this for the writing this Letter \ That if the Catalans had a mind to accommodate, the Q_^ would have the Mediation ', and if they had not, that then the Court of Sp n would fee, that Her Ma], would be al- ways ready toferve them. But this Artifice to induce the Ca- talans to abandon their Defence, in Hopes of His Lp's good Offices, had noefTed upon Men determined to die for the Liberty of their Country. Nothing but Force could extort that from them *, and therefore Sir Pat. Lawlefs, in Septemb. 1^13, {>refents a Memorial, to the fame EfFecT: with what was propofed the Month before to Ld. Lexington in Spain \ fet- ting forth c that thzCatalans and Major cans had not ftfcmitted * themfelves to the K's Obedience, and interrupted all Com- 4 merce and Correfpondence in the Mediterranean, and fub- * mits it to the Confederation of the Q, not only as Guarau- 4 tee of the Treaty of Evacuation, but as it concerned the c Interefts of Gr. Br. and therefore His Cath. Maj. hopes 4 the Qu. will order a Squadron of her Ships to reduce his ' Subjtds to their Obedience, and thereby compleat the * Tranquility of Spain, and of the Mediterranean Com- 4 merce. As foon as the Seafon of the Year would permit, a Fleet is accordingly fitted out for the Mediterranean, under theCommand of Ar la. Wifhart, whofe Firft Inftru&ions bear date Feb. 28. and the Additional Mar. 1%, 1713-14; by which he is ordered to c inforce a ftrift Obfervance of the 4 Treaty of Evacuation in all its Parts *, upon any Complaints 4 of the Q's Subjects, of Interruptions of Commerce, or 4 Depredations by the VjerTels of Catalonia, Majorca, Sardi- 4 nia, Naples, and other Places, to demand Reftitution •, and * in cafe of Refufal, to make Reprifals. To repair with the 4 Fleet before Barcelona, then befieged by the Enemy, and 4 demand immediate Payment of the Value of the Q's Stores 4 in the Town, or a fufficient Security for Payment in fome 4 Reafonable Time. To take care to time his Arrival before 4 the Town, according to the Advices from Lord Bwgley, 4 thendefigned^tobe fent to Sp-n ; by the Strongeft Reprclen- * rations to induce the Regency of Barcelona to accept of the * Terms that (hall be obrained for them. To take all the ne- 4 ceflary ( 94 ) ceffary Meafores purfuant to the Qs Intentions to put an end to the Confufions that now reign in thofe Parts : And all proper Methods of Perfuafion to induce the Inhabitants of Majorca to fubmit to the Terms that fhall be offered them \ and in Cafe of Refufal, to employ his Squadron in counte- nancing and affifting all Attempts which may be made for re- ducing them to a due Obedience. Here the Committee take notice, i. c That altho' the Q. had engaged her felf by c the Treaty of Evacuation,? o interpofe her good Offices in the moft^ effectual manner, to obtain the Catalans their Liberties, yet inftead thereof the moft effectual Methods were ufed to the contrary, and Mr. Trior acquainted Mr. Tor. that the Q. was affuredthe Catalans would fubmit upon thcTerms before of- fered by the K, of Sp-n, without To much, as mentioning their ancient Trivileges any more. 2. That the French K. who had put himfelf under the fame Obligation as the Qu. by the faid Treaty, after this Account from Mr. Trior, of the Q.s Sentiments, thought fit alio not to ask for their Privileges ; Mr. Tor. alfo alkdging, that the K. had little Inter eft with the Court of Sp-n. 3. That Brit-n was under the fame En- gagements by that Treaty, to fupport the Privileges of Majorca, as thofe of Catalonia, at the Time Sir J a. Wifhart had direct Orders to attack them. 4 That when thefe rigo- rous Meafures were forming againit the Catalans, Ld. B-ke writes Word to Mr. Trior, That by what we obferve in the Catalan Agent here, of whom we have never taken the haft notice as a Tublick Man, it Is pretty pla-n that a Reafonable Accommodation might he made, as he expreffes it, with that turbulent People. ' What was called Turbulence in the Ca- talans, may appear by their Anfwer to the D. of Popoli -, the K. of Spain's General, who fummoned them to furrender. They told him, they would die rather than be Slaves \ but if their antient Liberties were confirmed to them, they would open their Gates and receive him with all Gladnefs. The Houfe of Lds exprefs'd their Concern in a publick Manner for the Miferies of the Catalans, and by their Addrefs to the Q. Aprils, 17 14. made it their mod humble and earneft Re- queft to her Majefty/ That She would be gracioufly pleas'd 4 to continue herinterpofition in themoft preflingmanner^hat c the Catalans may have the full Enjoyment of their juft and c ancient Privileges continued to them. ' Her Majefty's An- iwer ( 95 ) fwer was, c That at the time ftie concluded her Peace with * Spain, fhe refolvei to uie her Interpofition upon every oc- e cafion for obtaining tbofe Liberties, and to prevent, if c poflible, tbe Misfortunes to which that People areexpofed 1 by the Conduct of thofe more nearly concerned to help c them* Hereupon, for Form fake, and to allay the Indig- nation conceived againft the Miniftry by the People in gene- ral, who compaffionated the Calamities of thofe who fought for Liberty, the Demand of the Catalan Privileges is again put down in Ld. Bingley\ Inftruftions, who was before or- dered to go Spain, but was never fent. So that the only Fa- vour obtained from the Miniftry by this earneft Addrefsof the Houfe of Lds, in behali of the Catalans, was an intima- tion fent by Ld. Bolingbroke to the Admiral, not to appear before Barcelona, nor to attack the Ma]orcans,i\\\ hefhould hear from Ld. Bingley, and receive Directions from England. And alfo a Letter from hisLordfhip to Mr. Grimaldo, above two Months after the Addrefs, tho' the Town was inverted at the Time of making it, wherein he makes a kind and friendly Complaint, as he terms it, that the Catalan Privi- leges had not been yet granted them, nor any reafonable Terms offered, which they mull either have accepted, or forfeited the Queen's Companion, and that of the whole World. The Admiral had alfo his Scruples, whether his Orders would juftifle him in attacking Barcelona. He there- fore writes to Ld. Bolingbroke and Ld. Bingley upon it, and lubmits it to Ld. Bingley's Confideration c c whether the Ca- 4 talans might not refufe Conditions that may be moil ad van- c tagious, if they find he is not to aft by Force m , and defires. * that his Orders to aft before Barcelona, either by Force c or otherwife, may be very plain and clear, afTuring him * that he will molt punctually obey thofe already given him, 'and fuchashe ft all hereafter receive.' When Sir James Wijhart arrived at Cadiz., he gave the Govcrnour a Lift of the Ships under his Command for the Mediterranean Service, who fent it immediately to Madrid-, but tho' (everal Mefta- ges came from Court to theGovernour during the Admiral's Jtay there, no one Compliment was made him, to fignifie his Ar- rival was welcome, or any Qitefiion asked, about what Services he was to perform, which a In tie furprized him', that as foon as |hey had an Account a? Madrid^ of his Arrival at Cadiz. % Mr, Mr. Orry was difpatch'd to Catalonia with full Power to treat with the Catalms j 4 fo that, fayshe y it would appear, * that tho* the K. of Spain has all the Advantage of the Q's. * Ships as much as if they were a&ually before Barcelona, by * reprcfenting to thole People, which they very well know, * our Arrrval in thefe Parts, and how far we are on our way t to the Mediterranean, yet the K. would not feem to owe * the Succefs of fueh *4greement to the Q and her Ships, but * to France only. ' But this Negotiation of Mr. Orry failing of Succefs by the Catalans refufing to fubmit without having their Liberties granted them, obliged the Court of Spain to take more Notice than otherwile they were inclined to do of the Admiral, who from Ale ant writes to Ld. Bingley, then expe&ed at Madrid, c That be had received a very civil Let- * ter from Mr. Grimaldo^ who fent him the King's Order for * exempting theProvifions for the Fleet from paying any Duty. * He tells H c m, That this Exception was ufually granted to * the Admiral himfelf that commanded, but being a Trifle, ' be fubmits it to his Ldfhip's better Judgment, whether the * granting him this, might not be a means to prevent any f Thing that might be intended by the Court, at Madrid f more to his Advantage, and leaves it to his Ldfrip's Confi- 6 deration what may be moft for his Intereft at that Place \ ' and hopes by his r-rieni/hip to find fome Marks of Favour *frem thence, in regard to his Expence in this Expedition, * fo much intended for their service, and for which he has no f Allowance from home but his Pay, which will not defray ' half his Charges. ' In another Letter of Sir James Wifoart to Ld. Bingley, he acquaints his Ldfhip, c That tho' he had * formerly defired him to move the King of Spain, that the * Grant of Exemption of Duties for Provifions for the Fleet * might be made to himfelf, yet upon farther Confideration of * the Matter, which is but of fmall Moment, and may ap- 1 pear greater at the Court of Spain and England than really ' it is, he defires his Excellency, not to take any Notice of it, 1 but let it ftand as it does*, and defires his Excellency's * Countenance and Ailiftance upon any other Occafionthat * the Court of Madrid might take to exprefs their good Will * to him- ' Nor was it long before the AJmiral gave the Court of Spain more particular Proofs that he was not un- Worthy of their expend Favours. Alter Barcelona had been )97> been inverted a confiderable Time by the Spaniards, and redu- ced to great Difficulties for Want of Provifions, the French King, tho' engaged with the Queen by the Treaty of Eva- cuation, to employ his good Offices in the moft efietlual manner^ in favour of the Catalan Liberties r thought fit to fend hi§ Troops againft them, commanded by Marfbal Berwick, who opened the Trenches before Barcelona the firft of July, O.S, 1714. And on the Eighth of the fame Month, Sir .jMtyri Wifliart; in the Que ens Name, writ them a; threatning Le£ 7 ter, directed to the Deputies, and others wlio poiMs'd the (Government there, telling them that Complaints had been made of their difiurbing the Commerce of the Queens Subjefts, and that they had infolently prefumed to take, carry up, invL plunder their Ships, andufedihe Men in a barbarous manner % he had therefore thought fit to fend Captain Gordon with two Men of War, to reprefent to them thefe unwarrantable and prefumptuom Proceedings, and by the Queen's Command de$ mands immediate Satisfaction for the fame, and the Punifhment of the Officers of the Ships with the utmoft Severity. If thi$ ve not punctually complied with, he leaves it to thernfelves to judge what the confequences may be. , The Deputies returned Aufwer, that only one of thofe Vefi fels mentioned in Captain Gordon's Memorial, was taken by them into Barcelona, being laden with Salt, for which they paid the Price immediately to the Captain of it , that being befieged^ they thought they might do fo with Juftice, and by the Law of Nations J that they were far from living like Pirates, as their. Enemies fuggefied in order to diftrefs them, by preventing any ones coming with Vrovifions for their Relief ^that what Engliiri Veffelshad entred their Port with Vrovifions, had ..been well treated, and had freely fold their Merchandize, and at a high- er Price than they could have got any where el\e \ and that the% had that Day published an Order, forbidding upon Vain of Deat.k any of their Ships to molefi any Englifh, even tho they were go- ing with Provifion to the Enemy. They hope his Excellency will be fat is fie d with their Condutl, which is conformable to the Rights of People that are befieged ; affuring him, that whei% theyfhafl know of any of their Ships, that fijall have caufed ths_ leaft Damage to any Englifh, they willnot only immediately in- flit} arigorom Punifhment, but repair all the Damage, de firing to live in the good Correfpwdence they have had with his mblz H . end . ( 98 ) and generous Nation, with mmoff Deference for the Queen, and ready to obey his Excellencies Orders with all Affection and Xefpett. The Government of Barcelona, in their Extremity writ another Letter to the Admiral, dated July 23, fetting forth, ' That the Engagement Catatonia entred into to re- ceive Charles the Third for their King, was founded on the Protedion of the High Allies, but mod particularly of England-, That they had for feven Years endeavoured to ferve the Englifli Nation in every Thing it was poffible for them to do, by contributing Troop§ and confiderable Sums of Money without Intcreft. And tho' they had pleafed themfelves with the Thoughts of the Happi- pinefs to be always Subjects of Charles III. yet by the ordi- nary Change to which Human Affairs are liable, they now fee the Troops of the Duke of An]ou, aided by the French, Matters of all the Principality except Barcelona and Car- dona, committing through the whole the moft execrcable * Hoftilities, Eurnings and Plundering, without fparing the Effbfion of innocent Blood, and without Diftmdion of Age or Sex. That for a Year together the Enemies Army had opprefTed Barcelona by vSea and Land, making them continually fuffer the Calamity of fo long a Blockade •, du- ring which Time the Enemies have thrown 14 Thou- fand Bombs into the Town, which have ruined the greater! part of the Houfes •, that now they exped to be attacked in Form *, They cannot exprefs their Afflidion, to fee the Danger of the Inhabitants expofed to be the Vidims of that Cruelty with which the Enemy threatens to treat them. Having no Comfort left, they fly tothzQjieenof Great Britain, befeeching Her Protedion by the inclofed Letter to Don Dalmafes, their Envoy at London -, and in. the mean Time, till an Anfwer can come, they befeecfr his Excellency from their Souls to mediate with the French Tfoops who opprefs them, for aSufpenfion of Arms, fince the Congrefs at Baden now fitting to conclude of a Gene- ral Peace, may (till determine this Affair y they doubt not that his Mediation will be able to procure them this Re- lief, fince his Squadron is fuperior to that of the Enemy. They fee no other Remedy in Nature for their Misfor- tunes, and therefore hope his Excellency will not refufe them •, That if Catalonia has merited any Thing by its Ser- * vjces, and by its Conjundion with the Englijh Nation, this! 4 ia (99) c is the Time to receive the Fruits of it', that it is Worthy c of his Excellency to comfort the Afflicted, and not todc* c ny them this Favour in their great Neceftity. How the Admiral was affected with this Letter may appear by one of his toLd. Bmgley, dat. Au°. 7. wherein he ac- quaints him, That Mr. Orimaldo had fignified to him from the K. of Sp n, that all the K'< Ships of War being employ d before Barcelona, His Majefty could not fend any of them to meet his Flota then, coming home \ and therefore dt fired the Admiral to fend Three of his upon -that Service , which was accordingly comply *d with. Of this he had acquainted LA. Bke, and hoped to meet with Her Majefty s Approbation. The Catalans thus abandon'd, and given up to their Enemies, contrary to Faith and Honour, were not however wanting in their own De- fence, but appealing to Heaven, and hanging up at the High Altar the Qjfolemn Declaration to protect them, underwent the utmoft Miferies of a Siege -, during which, what Multi: tudes periftied by Famine and the Sword ? How many have, fince been executed ? And how many Perfons of Figure arc ftill difperfed about the Span. Dominions in Dungeons, is too well known. However the Calamities of the Catalans cannot be : imputed to Gr. Br, in general, abufed by the Minhtry, with repeated Affurances, that every thing was doing for the; Prefervation of that unfortunate People. The Committee find frequent Mention made of the Abbot Gaultier, who, altho' he does not appear to have had any pu- blick Character, refided in England during the greateft part of this Negotiation, and, upon extraordinary Occafions, was very often feat backward and forward. But the Share he had in the more publick Tranfactions, was not his only Bu- Finefs. It is evident, that fome Negotiat ions, which requird more than ordinary Privacy, were verbally tranfatbed, and upon all fuch Occafions', Abbot Gaultier was thePerfon to whom the French and Engjh Minifters mutually referr'd each other. And as nothing could be a greater Secret than all Matters re-* lating to the Pretender, this Province was particularly allot- ted to Abbot Gaultier, that thro' his Hands, and- under his Conveyance, by Trench Couriers going continually betwixt Tra. and Eng d, fuch Practices mignt be carry'don with great Safety, which in any other manner had been too dangerous an Undertaking. The firft Time tha*any Secret Negotiation? J$ exprefly referr'd to Abbot Gaultier^ is found in a Letter. ^2 ^here Ooo) Wtiere Mt.St. John, Mar/ 4. I7ii>i2, tells Mr. Tony, He had deferrd writing to him of late, till the neceffary Difpofitions were made among our People at home, and till the Q^ had taken the only Rcfolution which could bring m in ajhort Time to a good andfolid Peace. J have now the Satisfaction to tell you, that this Resolution is taken, and that Mr. Harley will carry with him this Nighty or to Morrow Morning, the Final Instructions of the Q^ to her Plenipos. I refer my felf to Mr. Gaulticr, t() explain to you more at large the Subject of this Gentleman s Comwiffion, and what the Q. hopes His Moft: Chr. Ma), will koto co-operate with her. It is not to be expected, thatthofe who have been fo careful to fupppefsMauersof lefs Impor- tance, would leave behind them any Tranfa&ions that might tend directly to favour the Caufe of the Pretender. But as the Commit.has obferv'd feveral PafTeges which are a plain Indica- tion of the Regard with which the Caufe and Perfon of the Tretender were treated, as often as mention'd, they thought fit to bring them together, and lay them before the Houfe in one View.' : There is a Paper that was left in Ld. B-ke's Clofet, dated at Yerfallles, Sept. 24, 1711, endors'd, as other Office- Papers ufualiy are. It gives an Account that the Pope's Nun- ho bad in his Laft Audience of the K. made the following De- claration : The Court of Rome being fully informed, that Fran- ca 1 ende soaring to procure a Peace upon the mofi Adv ant agt opts. Te ; vns that was poffible, and being perfitaded, that if the Peaee fljeutd be made, Engld would not fitjj'er that the K. of France flwuld permit the P. of Wales to continue in his Realms ; the Court of Rome offers to the K. of France to give this Pr. an .ylum at Rome, or in any other Part of the Ecclejiaftick Do- minions. To which the Ki. of France return'd in Anfwer, r thatan Azylum for the P. of Wa. would be no Obstacle to the Teace. That if the Allies did trdy defign to make a Peace, he nld accept, of any Reafonable Propofitionsthey (liould make \ and fa this Cafe an Article for the P. of Wa. would be infer ted in ibeTreaty. June 7, 1712, the Bp. of Brifiol giving an Ac- uuk to Ld B ke of fame Difcourfe he had with fome of the Minifters of the All s, fays, Monfr. Consbruck, one of the Emperor s Pknipos, "kept alfo. within the Terms of Decency, favs only that he took it for granted, that one great End of all ths Management on our Part, was to bring in the Pretender \ hick Apprsbenfisv one of the MirJJUrs of the States lately owrid (ioi) Bxoyd in Private 'Qifcourfc, to have been the Fundamental Rea- fon of all their Conduit of late. It cannot be forgot what great Srrefs and Weight was laid upon the Removal of the pretender out of the Dominions of France. This was what all the Nation, with great Juftice, expected, and what the Ou. declared was taken Care of, as an additional Security to the Protefiant Succeflion. But his Removing out of France, and being permitted to refide in Lor-n, was not only a great Sur- prize to all the Nation, but was receiv'd with fuch juft Indig- nation, that the Pari addrefs'd the Qu. upon this Occafion, That Jhe would infifi upon his Removal from Lorn, that Reft- dence being equally^ or more danger ovu to Gr. Br. than his Abode in Fr-ce. Her Maj's Anfwer, That Jhe would repeat her In- ftances, occafion'd in the H. of Lds a hecoming Refentment, that the Du. of Lor. fhould prefume to receive and entertain' the Prettnder to Her Crown, in Defiance to Her Maj's Ap- plication to the contrary. But it will now appear in what manner the Removal of the Pretender out of Fr-ce was fet- tled, and that his Refiding at Lorrain was not only with the Approbation, but even by the Dire&ion and Appointment of the Engjlj Miniftry. ''Mr. St- John, in his Letter to Mr. de Tor. May 24, 1712, 0.5. concludes with faying, He hopes, that, with the general Repofe wejhallfee reviv'd in a few Weeks, a goodVnderfianding between Two Nations, which may become to each other the mofi ufeful Friends, for the fame Reafons they have be en the mo ft formidable Enemies. The Q. commands me to tell you, that Jhe hopes, when yon fend an Anfwer to this Let- ter, wejhall have an Account that the Chevalier had begun his Journey. In Anfwer to this, Mr. deTorcy fays to My Lord B-ke, Tou may affure the (3. that the Chevalier is read) to de- part at a Moment's Warning, if he did but know where he was to go, and in what Place he might be in Safety. I own to you, that I know no Prince who is willing to receive him, for Fear of difpleafing the Q or other Powers ; it will be abfolutely necefjary that there Jhould befome Explanation upon this Subject, which I de fire you to male tome by the Ah. Gault. if you do not judge it proper to do it your felf. Mr. St. Jn, June 6, 17 12, O. S» writes a Publick Letter in Anfwer to the feveral Points con- tain'd in Monfr. de Torcy's Laft Letter *, but in that Letter takes no Notice at all of the Chevalier. But the Day after, June 7, 1 712, he writes a Private Letter* as he calls it Dim- felf, ( '02 ) felf, to Mr. de Tor, and concludes, The Ah. Gaultier mitt write to yon upon the SubjeSb of the Chevalier. The Commit, obferve, there are Two Copies of this private Letter, one de- liver^ by My Lord Bol ke, the other etiter'd in Ld. Stra-d's Book : And in the Copy of this letter given in by Ld B ke y this PafTage, That Abb. Gault. fhall write about the Chev. is omicted by Hisldp. June 22, 1712, JSl, S, Mr. de Torey writes Two Letters to My Ld B-ke. In the Publick Letter nothing is faid of the Pretender \ the Private Letter concludes with laying I have the Honour to fend you a Letter under the IC Handy for Her Brit. Ma), and I refer you to what the Ah* Gualt. (hall fay to \ou, about the Departure of the Chevalier* Aug. 21, 1712, Ld. B-ke being then in Fr-ce, in his Dif- patch to the E. of Dr.rtmh, fays/The Chevalier has fix'd his ' Departure for the Firft of Next Month, N. S. they pro- * pofethathe Thai! retire to Bar, and they intend to write to 4 theD. of Lor, to ask of the Emp. and other Princes, aSe- c curity for his Perfon, during his Kefidence in that Place. But on the 28th of Dec. 1712, N. 5. it appears, that the Ghev. was mil in France, upon which Account Mr. Trior writes thus to My Ld. Bolke: 'Another Point upon which ' this Courtis very follicitous, is, that the Chev. remaining in any Town of Fr ce obltruds the Signing the Peace \ yet he cannot go to Lor-n till the Emperor's PalTe- ports will fecure him there Your Lp, by the Perufal of the Papers, will fee the State of that Cafe \ and 1 have only to add upon this Subject, that the Court of Fr-ce exprefiesanlmpoffibility on their Side, to do more than they have done, and hopes, we fhould have Intereft enough with the Emperor, to ob- tain fuch Paffe- ports from him, as may fecure, as well the Perfon who is to go into Lor-n, as the 0. of Lor. who is to receive him. Mr. Prior on the 29th, writes to the fame Ef- fect to My Ld. Treaf. and fays, The /Monarch is a good deal troubled upon this Head, left the T own g Man Jhould fall into the Hands of the HufFars or Barbarians. And Mr. d'Aumont has, J pre fume, Orders to fpeak to cur Miniftry upon it. As to, the Dowry, Jfliall not only be dunnd to Deaths but hangd \ for the Dowager fends Mtffengers to me, which yon in Eng d do not think it extremely lawful to receive : But if tt is to be paid, pray let it be done in a handfome manner j that mayfliew the Charity of: the Q. and the Generojity of her Lord Treaf. The Papers re- ferr'd (io 3 ) ferr'd to in Mr. Prior's Letter, contain an Account of what the D. of Lorrain had done at the Defire of the Kof France^ to obtain from the Allies the neceflary Safeguards for the Che- valier. He (ays, That under ft anding that the Queen of Great Britain had already granted Her Safeguard or Protection to the Chevalier de St. George, He believd they had no more to do, but to apply to the Emperor, and to the States- 'General. By this Account it is evident, that Abbot Gnaltier managed the Affairs of the Pretender, with whom fuch Practices were verbally to be t ran faded as our Miniftry did not think proper to commit to Writing. That the Place to which lie was to go, becaufe no Body would receive him at the Hazard of the Queens Difpleaiure, and where he might re- main in Safety, was to be preferred from England. That this was not nVd and determin'i till Ld. Bolingbroke went into France. And if his Ld (hip's Inftrudions are confider'd, it will be hard to find in them any thing of that Importance and Secrecy, as to require his going in P erf on to fettle it. His Ldfliip gives an Account from thence, that the Pretender was to go to Bar, and this is acquiefe'd in here without the lead Objedion made. The Miniftry are told by Mr. Prior, that the Court of 'France hopes by our Inter eft fuch Paffports would be procured as might fecure his Perfon: And in the Paper fent to France from the D. of Lorrain, it is afferted, That the Q* of Gr. Britain had aire adv granted Her Protection to the Pre- tender. But Nov. the 6th, 171 3, Ld. Bolingbroke writes to Mr. Prior, * Her Maj. having repeated to the D. of Lorrain c the Inftances which you know have been fo often made to * the molt Chr. King, for removing of the Pretender to Her c Crown out of his Dominions, 1 am direded to acquaint * You therewith, that You may fpeak to the Minifter of Lor- i rain, and to any other Minifter whom you (hall think pro- * per,and let them know it is abfolutely inconfiftent with the c Amity and good Correfpondence that is between the Q^ -n and their Mailers, to receive into their Dominions, or to * proted a Perfon, who difputes Her Majefty's Title, and * endeavours to difturb the Peace of Her Kingdoms. That you may be able to fhew them that this is the Golledive Senfe of the whole Nation, as well as the Queens Com- * mand to you, 1 herewith fend you the AddicfTcs of Both * Houfes of Parliament,' This can be underftood as no more than (io4> than a bare Compliance with the AddrefTes of Parliament. And to ftiew how little Refentment and Indignation was conceiv'd againft the D. of Lorrain for this Indignity ofTer'd to Her Majefty, the Committee infert here a Letter wrote by Ld. Bolingbroke to* Mr. Prior within Four Days after his laft mention d Letter upon the Subject of the Pretender. ■ This Letter, fays Ld. Bolingbroke to Mr. Prior, will be * delivered to.you by the Baron de Forftner, who has been c twice at our Court with the Character of Envoy from the * Duke of Lorrain, and who is extremely well with your c Friends on this Side of the Water, that I make no doubt c but that he will be a welcome Acquaintance to you : I muft * at the fame Time recommend the Intereft of the D. of Lor- e rain his Mailer to your Care. You know. Sir, how little * that Prince has yet felt the good Effects of what was ftipu- 4 lated for him at Ryfwick. You know, Sir, how juftly he c pretends to an Equivalent from this Emperor for the Mont- 1 ferrat, which was given away from him to the K. ofSicilly. c In alvord, you are enough apprized of his Wants, of his Ex- c pettations, and of Her Majefty s earn eft Defire, if by any 1 means Jhe can, td contribute to the Eafe, and to the Advan- c tdge of a Prince, who deferves much better Vfage than he c has on many Occafwns met with. There are feveral other Letters that were wrote after the Addrefs of Parliament to prefs the removing of the Pretender from Lorrain ; but 'tis needlefs to obferve what little Effect was to be expe&ed from fuch Reprefentations made in the feveral Courts of Europe, which were known to be Contrary to the Senfe and Intention of the Court of Qu Britain. And if any further Demonftra* tion was wanting to (hew their true Spirit and Inclination, it may be obferv'd that the AddrefTes in Parliament were made in July, 1713 •, , And the fir ft Letter that Ld. Boling- broke wrote in pursuance of thofe AddrefTes was 'the 6th of Nov. which was Four Months after the AddrefTes were prefented to the Queen. The Committee infert here an Ex- trad of a Memorial touching the Demolition of the Sluices of Dunkirk) deliver'd by Mr .de Tony to Ld Bolingbroke at Paris, in Aug. 1712. 4 It is not our Bufinefs sow to exa- 1 mine whether the Q^-n cf England, and the Engltfh Nation, c were in the right to demand the Demolition of the Forti- * fications. and the filling up the Harbeur of Dunkirk. That Hi c is a Thing refolv'd and agreed upon. It may perhaps come c to pafs in the Courfe of this Affair, for Reafons eafily to c be forefeen, That England (hall repent having demanded * the Demolition of a Place, and the Destruction of an Har- c bour, which might be of great life in Conjunctures which * perhaps are not very remote. The Committee do not take upon them to explain what Conjuncture France had in View, and which they thought not very remote, when Dunkirk might be of particular Service \ but think it proper to conduce this Part of the Report with obferving, That f/? c Time are too publick, as well as too black, for Harley'to c remember or to mention. In the End of May 1711,, the c Queen, out of Her abounded Goodnefs, was pleas'd to * confer undeferv'd Honours on Rob. Harley \ and on the ' 29th of the fame Month, was pleas'd to pat the Treafurer's * Staff into bis Hands: A Pod fo much above Harley's Abili- * ties to ftruggle with, that he had nothing but Integrity and * Duty to recommend him to Her Majefty's Choice -, fo he * muft have recourfe to Her Majefty's Tranfcendent Good- 1 nefs and Mercy to pardon all his Faults and Failings, both * of Omiflion and Commiffion, during the whole Courfe of * his Service. But to return and refume the Thread of this ' Difcourfe: The 4th of June 17 11, Three Days after the * Treafurer was fworn, he was furpriz'd with a Demand of \ Twenty Eight Thoufand Thirty Six Pounds and Five Shil- 4 lings, for Arms and Merchandize, faid to be fent to Canada* * When the Treafurer fcrupled this, Mr. Secretary St. John, * and Mr. Moor came to him with much Pafiion upon this c Affair ; and about a Fortnight after, the Secretary of State * fignifkd the Queen's pofitive Pleafure to have that Money * paid \ and accordingly Her Majerty fign'd a Warrant June * 2i. and the Treafurer not being able then, with all his * Precaution, to difcover further Light, the Money was * paid July 4th 171 1. Since the Return from that Expedi- * tiorh the Secret is difcovered, and the Treafurer's Sufpi- * cion juilified ; For the Publick was cheated of above Twenty * Thoufmd Pounds. There is Reafon to be more particular c upon this Head, becaufe it is one of the Things never to be ' forgiven the Treafurer*, and Ld. Chancellor told him more * to r!:at Purpcfe; that they told bim no Government was * worth fer ving, that would let them make thofe Advan- * . tages, and get fuch Jobbs. •* One thing more is crav'd leave to be added, That 3 the Treafurer was fore'd to ufe all his Skill and Cre- c dir to keep the Hqufe of Commons from examining this Af- * fair laft Parliament. *$une the 12th. 1712. The firit Sef- * fion of laft Parliament ended- From this time, to the be- * ginning of the next Sefiion, the Treafurer s Hands were full * of Negotiating the Peace in all Courts abroad^ and befides € the ordinary and necefTary Duty of his Office at home, he 4 had frequent Occafion of. Calming the Quarrels and ' Grudges (i°9) 5 Grudges Mr. Secretary had fometimesagainfl: Lord Dart- c mouth, fometimes againir I ady Mnfljam, and fometimes a- c gainft the Treafurer himfelf. The Second Seffion of the ' laft Parliament began December the 7th, 1711. This was c attended with great Difficulties and Dangers, as well from * the Practices of the Difconted here, as the Defigns carry'd c on by Mr. Buys, Prince Fugene and B'othmar -, in which * Defigns coneurr'd the Emperor, and other States and Prin- 4 ces who gain'd by the War. This put her Majefty^mder a 1 fort of Neceffity to preferve the whole, and to take a Me- ' thod which had been us'd before to create fome New Peers. 1 So may having been brought formerly out of the Houfe of * Commons of thofe who us d to manage Publick Affairs, it 1 was proposed to Mr. Secretary, That if he would be con- 4 tented to flay in the Houfe of Commons that Seffions, Her * Majefty would have the Goodnefs to create him a Peer, c and that he fhould not lofe his Rank. The Second Seffion c ended the 21ft of June, 1712*, and notwithftanding Both- 1 mar's Memorial, and all other Attacks both from Abroad c and at Home, Supplies were provided, and every Thing re- * lating to the Publick put upon a good Foot, and the Male- 1 contents began todefpair as appear'd by the D. of Marlbo- 1 rough retiring Abroad, and other Particulars. After the * Seffion was ended, the Queen, as She had promis'd, Or- c der'd a Warrant for Mr. Secretary St. John to be a VIP * count*, this happen'd to put him in the utmoft Rage againft 'the Treafurer, Lady Mafiam, and without fparing the * Greateft. h did avail very little to tell him, how much he 4 had got in Place*, for had he been created with the other c Lds, it would have fallen to his /hare to have come next af- c ter Ld. Trevor *, but the Treafurer with great Patience bore 'all the Storm, or which* Lord Mafhamwas often a Witnefs 1 of the Outragious Speeches ; and Mr. Moor very lately told' 1 the Treafurer, that Ld; BoUngbroke faid very lately to him, ; c that he ow'd him a Revenge upon that Head. This Difcon- Vtent continued, until there happen'd an Opportunity of * fending him to France ^ of which there was not much Oc- c cafion •, but it was hep'd, that this would have put him in c good Humour *, which it did, until in Ottoher ijiz, there * were Knights of the Garter made. This created a new * Diflurbance, which is too well remembred, and breaks out now (no) * now very often in Outrageous E^preflions publicklyagainft c all then made. In November, on the Death of D Hamilton, * he was much againft D. Shre msburys going, for Reaibns ve- c ry plain, which then were in Negotiation ; for before the * laft effion of that Parliament began a new Model Was * fram'd i»r a -chrmeof Miniftry •, which how they after- 4 wards came to fell out, will appear in its due Place. The * third and laft Scffion began April the 9th, 1713^ which * was as foon as the Peace was concluded, and could be Pro- ' claim d It is not decent to take Notice, Th At daring this, '"whole Negotiation, the Treasurer voas obliged by his own Hand, 1 and his own Charge^ to Correfpond in all the Courts concern din l the Negotiation \ *n oke) how to unite the reit of our Friends. Being then Sick the Trea- furer took the Liberty to put Ld. Bolmgbroke in mind of the feverai Particulars which then requir d Dilpatch, and was ' was were folely belonging to his Province, without any o- * ther Interpolation than that of taking Your Majefty's Dire- * dion. Amongft others,that of aCircular Letter upon thcAd- * d: efles of both HoUfes relating to the Pretender. This was *not done in Three Months. HisLdfhip wrote Word it was 4 done July the 27th. In the fame Letter the Treafurer pro- * pos'd, that (according to the Treaty of Peace) Care fhould c be taken of theYollowing Particulars, viz. Newfoundland, * Hudfins Bay, Acadia, St. Chriflophers, Affiento, and 'other things contain'd in the Treaties of Commerce. 4 Thefe Particulars the Treafurer thought to have been exe- cuted, until within a few Weeks he heard the contrary by * Accident, and that the Time in the feveral Treaties was c elapsU Upon this, the Treafurer, on Wedn. June 2, told * Mr. Moor of this, and that every body would be liable to * blame who are in the Q> Service. Thurfd. Junei, 1714, 1 Ld. Bol-ke writes to the Treafurer a Letter, which begins c thus: Mr. Moor has been this Morning with me, and has put t into^my Hands a Paper, which he calls, I think not improper: * ly, a Charge upon me. This Paper contains the Neglcd: * abovemention'd in the Treafurers Letter of July 25, 2713, c 1 1 Months before j and yet thefe Faults are now chargd c upon the Treafurer, Hereupon the Committee obferve, that His Ldp. has here taken to himfelf the Credit of correfpondingby his own Hand, and his own Charge, in all the Courts concern 1 d in the pre fern Negotiations, and that very often he has had the good Luck to jet right feveral Aiiftakes, and to obtain fowe things very little ex- pelled. That he boafted of his laying hold of afeafonable Op- portunity in Varlia. uponrejetling the Bill of Commerce, to pre- vail with Members of that H. of Com. to come into the Pay- ment of the Civil Lift Debts j and has alfo chargd fever a' Per- fins, then in High Stations in Her M-afs Service, with Corrup* tion and ImbeZsilment of thePublick Money , and prefumM to recommend himfelf to Her Maj. by having ns'd all his Skill and Credit to keep the H. ofC. from examining into the fame. And the Commit, having receiv'd Information, that large Sums of Money had been directed for fpccial Services relatingto the War, by Signs Manual, and Warrants upon the fame, coun- ter figned by His Lp which Sums were ap'rwards paid to His Lordjhip's Order , the Commit, thought fit to lay before the Houfe (II?) Houfe Copies of the faid Signs Manual, and Warrants, and Orders thereupon. The Committee having likewife obferv'd feveral Tranf- atlions, Orders, and Directions, given by the Minifters in the Q]s Name, in no manner agreeable to Her Maj's Sentiments and Intentions, as exprefled in her feveral Merges to Parlia. and Speeches from the Throne, concerning the Terms of Peace which (he was pleafed to communicat to both Houfes \ thought it their Duty to enter into a particular Examination of this Matter, and to compare Her Mays Declarations with the Meafnres that Her Minifters prefum*d to take in carrying on thefe impartant Negotiations. The firft Time the Qu. made mention of the Peace to the Parliam. was Dec. u, J7iij when nothing had been concluded between Eng-d and Free, but the Special Preliminaries fign'd by the E. of Dart-h, and Mr. St. J-n, on the Part of Eng'd* and Mr. Mefnager on the part of Fr-cc, Sept. 27, 171 1, and the General Prelimi- naries fign'd by Mr. Mefnager only, which were fent over by the E. of Str-d as the Foundation of a Gen. Peace. After thefe Preliminaries were fign'd, Mr. St. John prefs'd Mr. de Tor. that the K. of Free would explain himfelf with regard to the Allies j and fuch Explications as the King of France thought He to make, are contain'd in the Anfwer to the Me- morial brought by Mr. Gaultier, Nov. 18, 171 1. Upon which Her Ma j. at the Opening of that Seffion, in laying before the Pari, the State of the Treaty then on Foot, faid, That notwithflanding the Arts of thofe who delist hi War^ both Place and Time are appointed for opening the Treaty of a Gen. Peace. Our Allies, especially the States Gen. whofe In' t ere sf I look upon as in fe par able from my own, have, by their ready Concurrence, exprefs'd their Confidence in me. The Q. thought the States had readily concurr'd with her, but it muft be remembred, that the States had in the ftrongeft manner reprefented a gain ft the Propofitions figned by Mr. Mefnager^ as too general and uncertain, not being afuffi dent Foimdat'1071 upon which a Negotiation might be hazarded •, they dreaded the fatal Confequences of opening the General Conferences, before the Articles offer'd by Fran, were madzfpetifick, and before they knew what they were to traft to for their own Barrier and their Commerce. But inftead of acquainting the Q with thefe Reprefentations, or acting according to Her P Maj's (i 14) Maj's $entemen#, Mr. St. J-n, Oci. 9, declares, Certain it is, thdt Her Majefty is fa far determined in her Meafures^ that thofe will deceive themfelves who may imagine by Delay to break them And Ott. 29, c TheQ remains firm in her firft Re- f folution, of caufing the Conferences to be open'd upon the c Articles fign'd by Mr. Me fr aster. And Nov. 2 ' The££. f will not finally concert a Plan for the Profecution of the 4 War with the States, until they join with her in agreeing * to open the Conferences of Peace. And Nov* 15 , Lord * Str ■ fays, ' He had now told them Her Maj's Order to him * was to aeclare, that fhe friould look upon any Delay as a * Refufal to comply with her Propofitions. By thefe Threats and extraordinary features, the States arccompell'd by the j^s Minifters, to cbnfent to open the Conferences y when at the lame Time Her Maj. was p^rfuaded, that they readily con- curred in what had been proposd to them. Her Maj. declares, She looks upon the Inttreft of the Stat. Gener. to be infeparable from her own. Mr. St. ?-# declares, That Brit-n had gone fo much too far in weaving her Inter eft into that of the Continent % that it would p--ove no eajy Task to difent angle them, without tearing and rending. The Q^ fays further, c The Princes and Stares which have * been engag'u vuth us in this War, beiagby Treaties irtfitled * tchave their feveral Interefts fecur'd at a Peace, I will not * only do my utmoft to procure every one of them all Reafo- c nable Satisfaction, but 1 fhall alfo unite with them in the * ftrideft Engagements for continuing the Alliance, in order c to tender the Gener. Peace fecure and lading. And in her MefTage of the 17th of Jan. following, Her Maj. again ex- preffes the Care the intended to take of all her Allies, and the jlritt Vmon in which fhe proposed to join with them. By thefe Declarations it appears, Her Maj's own Refolution was to unite with the Allies inthefirittefi Engagements. But her Mi- tiifters bad taken upon them, in the Private Propofitions fent over by Mr. Prior , to infert an Article, That the Secret flwuld be inviolably kept between Eng-d and Free, tiU allow 7 d to be di- ■viilgd by theConfent of both Par ties. And altho'Fraw. had ofTer'd to treat with Eng-d and Hoil-d, either feparately, or jointly, with the reft of the All*s, at the Choice of Eng-d, the (£s Minifters excluded the All-s, and in the Conference held with Monfieur Mefnager^ they are much fierpriiJd t opnd that he had ' ■ OnUrs <"0 Orders to in fifty that the Q^flwuld enter ir.h ? articular En- gagements, upon divers Article s, which depend not upon her, and which regard the Inter eft of the Alls : And they infiftedthat it was abfolutely neceffary to remit the Difcujfion of the particular Interefts of the Alls to Gen, Conferences. And when Mr. St. John wasprefling Mr. deTor. to give them fome Explica- tions of what was defigri'd for the All-s, he aflbr es him, Jf the K. would offer a Plan of Specific k Preliminaries, the Q. will never communicate it to her Allies. And upon another Occa- ilon, he declares, This Negotiation was begun and carry don upon a Suppofition, that the Q muft defifffrom many Conditions., which in Rigour foe wai obligd to procure for her Allies. In the MefTage of Jan. 17, the Q. declares, Her Plenipo's had begun, in purfuance of their Injtruftions, to concert the tnofl proper Ways of procuring a Juft Satisfaction to all in Alli- ance with her, according to their Treaties, and particularly with relation to S.p-n and the Indies.And Her Maj. had faid before, in Anfwer to an Addrefs from the Houfe of Lds, prefented Dec. II, 171 1, I [liould be jorry any one could think 1 would riot do my utrnoft to recover Sj3-n and the Ind- from the Houfe of Bourbon. The Committee cannot doubt but Her Maj. was determined to recover Spain from the H.of Bourbon : But that her Minifters had no iuch Thoughts, and did not in the leait endeavour it, appears in every Part of the Negotiatioo. In the Firft Proportions lent over by Mr. Prior, Demands are made of the K. of Free, to be perform'd by the King of Spn, which the K. of Fr-ce was to engage for. And as ap- pears by an Entry in Ld Srr-d's Book, Mr. Prior had Orders to fee if they had full Powers from Sp-n. In the Special Pre- liminaries, fign'd by the E. of Dartmouth, and Mr. St. J-n^ itisfaidexprelly, TheK. promifes in the Name of the K. of Spain his Grandfon, and according to the Powers which His Maj. has reed / d from that Pr. That Port Mahon and Gibralrj Jhall remam to the Eng ih. Thefe Steps had been taken by the Q> Minifters, even before Her Maj had made thefe Declara- tions •, which the Committee cannot therefore but conclude Her Maj. was not inform'd of. And altho' the Q> Plenipo's were oblig'd by their livftrudions to infill, That bp-n and the W. Ind. fhould not be allotted to any Branch of the Houfe of Bourb. when the Plenipo's of Fr-ce, Feb. 1 1, 171 i-u, gave in their fpecifick Explanation of the General Preliminaries, P z fign'd ( "O fign'd by Mr. Mefnager, the K. of Fr-ce made his Firft Offers in the Name, and by Virtue of Powers from his Gfandfon K. Philip, as K. of Sp-n. Mar. 4, 1711-12, at a Meeting of the Minifters of the Allies atVtrecht, C. Sin^endorff infill- ed, That the Restitution of the whole Spantfh Monarchy fhould beexprefly mention'd. Upon which Occafion, it ap- pears, by a Letter from the Engfh Minifters, Mar. 6, That they were the only Minifters that did not make any mention at all of Sp-n, and that they were fenftbie of the difadvantageom Con- feqnences of being fo. All the Attempt that the Qs Minifters ever made towards obtaining this great Point, which Her Maj. declares fie fhould be firry any one coud think (he did not do her utmoft to procure, was to demand AfTurances that the Crowns of Fr-ce and Sp-n fhould never be united. The Me- thod of preventing this Union was never mentioned by the Qu's Minifters in order to be treated of, nor the Senfe of Fr-ce and S/? w ever ask'd upon it, tiil the latter End of Mar. i j iz. In this MefTage Her Maj. further adds, c The World will c now fee how groundlefsthofe Reports are which have been 4 fpread abroad by Men of Evil Intentions, to ferve the Worft Defigns, as if a Separate Peace had been treated, for , which there has not been the lead: Colour given. In this Declaration, Her Maj. isadvis'd by her Minifters, in order to clear them from the juft Sufpicions which all the World had conceiv'd of the feparate Meafures they were enga- ged in,not only to declare there had not been the le aft Colour gi- ven for fuchJealoufies,but to brand all that entertain thofeAp- prehenfions,with theCharafter of Men ofEvilIr;clinations,th'dt had theWorftDefivnstoferve.But that moft juftCaufebath been given for thefe Reports, is Efficiently evident from what was juft new obferv'd.The Miniftry bad infifted * That the Secret * fhould be inviolably kept between England and France, ex- * clufive of all the Allies. A Separate Negotiation between c England and France had been carry'd on by Papers fent back. * ward and forward, and much Time fpent therein, as is faid in Ld Strafford's Inftrudions. Mr. Prior bad been fent into France^ and Mr. Mefnager had been in England, ardnotthe leaft Communication was given for Five Months together to any of the Allies of thefe Tranfactions, which were depend- ing from Apr* 171 1, to Sept. following. When the General Preliminaries ("7) Preliminaries were fign'd, which were fentover as a Founda- tion to open the Gen. Conferences, a Set of Special Prelimina- ries between Evgd and Fr ce was fign'd on Both Parts, which were conceal* d^ publickly difownd, and never appeared till this Enquiry \ and all thefe Tranfadions had pafs'd, however dif- guis'd to Her Maj. before the Time that Her Miniders ad- vis'd the Q^ to impofefo grofly upon the Nation , as to declare in Parliam. there had not been the leaft Colour given for thefe Sur- mifes. Her Maj. is ad vis'd to declare, c That to report that c a Separate Peace had been treated, proceeds from Evil Inten- * Intentions, and to ferve the Worft Defigns. But the Com- mit, obferve, That after this Declaration of the Q. Her Mi- nifterspropofeto Free, agreed with Free, and Tent pofitive and repeated Orders to the Qu's Plenipo's, not only to treaty but to conclude a Separate Fence with F r-ce. June 20, 171 2, Mr. St. J-n acquaints Mr. de Torcy, c The Q. mill make no r difficulty to conclude immediately a Separate Peace with France, leaving the Allies a Time wherein they may have Liberty to Jub- mit to fuch Conditions as (l)allbe agreed upon between the Q. and the Moft Chriftian K. In Anfwer to this Mr. de Torcy tells Mr. St. J -n, Vpon Condition the Q^ does immediately make a Separate Peace , and keep no Meafmes with her Allies , the K. has determined to fend his Orders to permit the Eng-fh Troops to enter into Dunk. July 12, 1712, Mr. St. J-n thinks fc the Q^ in a Condition not to lofe a Moment's Time in concluding * with the Minifters of Fr-ce the Convention for a Gen. Sui- c penfion of Arras both by Sea and Land, and even the Treaty 4 of Peace between Brln and Fr-ce. And Auguft 4, 17 12, Mr. de Ton y acquaints Mr. Sr. J-n, * That the K. conl'ent- 4 ed to the Duke of Savoy's having Sicily upon certain Condi- tions^ wherein one e\ r prefs Condition is, That a Peace be 1 concluded between England, and Fr-cc^ Spain, and Savoy. And at laft, when the Treaty drew near to a Conclufion, and almolt all the Allies were ready to fign, Febr. 20, 1712-13, pofitive Orders are fent to the Brit. Plenipo's to conclude and fign with Fr-ce; and on the 28th Ld B-ke repeats thofe Or- ders. The Committee clofe this Head with repeating a Paf- fage from one of Ld B-kes Letters to Mr. Prior, wherein he fays, l It fuch Overtures as thefe were not inftantly accepted, * our Separate Peace would, fitting this Parliam.be addrefs'd /for, OiS) 'For, made,approv'd, and the Caufe of France for once be- * come Popular in Great Britain. On the 6th of June, 1712, the Queen fays, / am now come to let Ton know upon what Terms a General Peace mav be made. On the fame Day, Ld. Bolingbroke acqaints Monfieur de Torcy, c That tho' the K. of France had notanfwer'd the * Queen's Demands, according to expectation, the Queen * would not defer going that Day to Parliament, and making c all the Declarations that were neceffary to render the Nati- c on unanimoufly inclined to the Peace. The Queen fays, The Difficulties had been increased by other Obftruclions, artfully contrivd to hinder this great and good Work : Whereas it is notorious, that the Minifters had re- ceiv'd but the Day before, the Account that King Philip bad confented to make the Renunciation, upon which Account only tk* Queen's fpeaking to the Parliament had been de- fer tt TbeQuee n fays, /have not omitted any Thing which might procure to all our Allies what is due to them by Treaties } and what is necejfary for their Security. Ld. Boltngbroke, on the very fame Day, in his Letter to Monf. de lorcy fays, c Lord c Strafford is going back to Vtrecht, and in the Jnftru&ions he c is to carry will put the Queers Plenipo's in a Condition to * keep no longer thofe Meafures to which they have hitherto c been obliged to fubtnit - 7 but from henceforth they may o- * penly join with thofe of France, and give Law to them who * will not fubmit to juft and reafonable Conditions. The Queen fays, Nothing has mov'd me from fteadily pur- filing in thl firft Place the true lnterefi of my own Kingdoms. Ld. Bolingbroke juft before, on the 24th of May, had pro- posed to Monf. de Torcy, ' That the Queen being much more ■ intent upon the General Peace, than any particular Ad van - c tages, CommilTaries fhould be appointed to fettle after the c Peace, fuch Points relating to Trade, as requir'd a longer ' Difcuffion than the prefent Crifis would admit. The Queen fays, That to prevent the Vnion of the two Crowns, (he would not be content with what was Speculative, but infifted upon fomething Solid : Altho' Monf. de Torcy had be- fore declar'd to the Queens Minifters, fc That to accept of 4 this Expedient which they propos'd would be to build up- * on a Sandy Foundation. y The The Queen fays, Tie Nature of the Prapofal for a Renun- ciation i s Jack, that it executes it felf\ and that France and Spain are thereby more effectually divided than ever. But Monf. de Torcy had before affur'd the Queen*, Minifters, That * this Renunciation would be null and void, by the c fundamental Laws of France \ and they would deceive * themfelves who accepted of it as an Expedient to preveat * the Union of the Two Crowns. Tht Queen fays, Provifion is made, that the fame Privileges and Advantages as (hall be granted to any other Nation by France, flail be granted in like manner to Vs. But it appears, by a Letter of Ld. Botingbroke's in January following to the D. of Shrewsbury, That France refus'd to let our Trade ftand upon the Foot of Gens amiciffima\ declar'd the Tariff of 1664, which was granted to the Dutch, except the Four Spe- cies, was too Beneficial for V.s \ and refus'd to grant it until another Tariff fliould be made in Great Britain exaftly con- formable to that of 1664. whereby our Duties would bere- duced as theirs are in France by that Tariff. As to our Commerce with France, the Queen fays here, June the 6th 171 2. h was in a Method of being fettled. And Mr. Prior fays ot it in May following, near a Twelvemonth after, * We had like to have made an Athanafian Bufinefs of * it at Vtrecht, by that Explanation of our own Way of 1 under/landing our own Commerce. Their Letters to you c full of Surmifes and Doubts, that all was unhinged \ and c their Letters to Us again, That Explanations, however c made, were only to fave Appearances, and fignified no- * thing : This Melange, I fay, and my endeavouring to under- c itand it, had like to make me run mad, if the Duke of c Shrewsbury % extreme good Senfe, and Monf. de Torcy % not * not only Honeft, but Right Underftanding, had not re- c drefs'dUs. The Queen fays, The French confented to deliver up New- foundland and Placentia. But it muft be remembred, That in the Preliminaries fign'd in September preceding, the French had rcferv'd to themfelves a Liberty of taking and drying Fijh in Newfoundland. The Queen fays. An abfolute Ceffton was to be made of No- va Scotia, or Acadia. But Cape Breton^ which was always gnderftood to be, and is fo declar'd by the Queens Jnftru- dions ( 120 ) dtions to the D. of Shrewsbury, to be Part of Nova Scotia, is exprefly given up to France. Tbe Queen fays, The Trade to Spain and the Weft Indies may in general be fettled, as it was in the Time of the late King of Spain, Charles the Second. But when the Projed of the Treaty of Commerce came from Madrid, Lord Bolingbroke fays of it, l They had fent a Blind, Lame, Mifhapen, Indi- 4 gefted Monfter, inftead of that fair Offspring which we *had reafon to exped from our Candour. The Committee obferve, That if all the other Parts of this Speech be ftri&ly examin'd, it will be found that tbe that the Miniftry dii fogrqfly deceive the Queen, in order to impofe upon the Parliament by her Authority, that there is fcarce a Paragraph that does not contain fome unfair, or at leaft equivocal Reprefentation of the State of the Negotiations, And when the Queen was advis'd by her Minifters to make this Communication to Parliament, as the Terms upon which a General Peace might be made, it is very evident, they had no Aflurances that France would make good what they pre- vail'd upon the Queen to declare in fo folemn and publick a Manner. For on June the nth, the Bifhop of Brifiol is di- rected by Mr. St. John to Difcourfe with the Minifters of the Allies agreeably to the Plan contain d in Her Majeftys Speech: But before his Lordfhip makes this Step, Mr. St. John tells 'him, * It will be proper that hefpeaks firftwith * the French Plenipotentiaries upon this Subjed *, whether c they will be will be willing, and in what manner they will c be willing, to give this Communication to the Allies. In anfwer to which, the Bifhop of Briftol writes word, June the 28-:h. that the French Plenipotentiaries decla/d they had mfuch Orders, and without them they could not do it ; And in this Refufal of owning the Queens Speech, as containing the Matters Offers, and in abfolutely denying to treat upon it, the French Plenipotentiaries perfever'd, even after the Dutch had confented to treat upun that Plan, and to accept the Queens Speech pro Materia traftandi. Tee Committee having proceeded thus far in the Perufal and Examination, of the Booh and Papers referred to them, thought it not proper to defer this Report ur.ul they had per- felled what remains ' efpecldh) upon the sijrtrs of Dunkirk. and the Afliento e On (121 ) On Friday the loth of June, the Commons relumed the adjourn'd Confideration of the Report from the Committee J of 'Secrecy and the reft of the Report being read, (which lafted till faAtioummg about Four a clock in the Afternoon) Sir Thomas xhe colder*- Hanmer moved, That the Confideration of the t i ono f x fa f^ faid Report be adjourn'd until Monday nextp 0r f. following Seven night •, and was feconded by the leading Men among the Tories, who moved alfo, that the faid Report be printed, to be perufedby all the Members of the Houfe. Here- upon Mr. Robert IValpole faid, c He could not * but wonder, that thofe Gentlemen, who had c fnew'd fo great Impatience to have the Report * laid before the Houfe, fhould now prefs for c Adjourning the Confideration of it. That as c for the Committee of Secrecy, as they had not c yet gone through all the Branches of their 4 Inquiry, they could have wifh'd fome longer * Time had been allow'd them to perufe and c digeft feveral important Papers. That in or- e der to -that, they would have deferr'd three c Weeks or one Month, the laying their Re- c port before the Houfe, but that fome Gentle- * men having reflected on the pretended Slow- c nefs of the Committee, fince the faid Report 4 was now beforethem,they muft e'en go through c with it.' General Stanhope added, c That for * his own Part, he would readily agree to give * thofe Gentlemen all the Time they could de- c fire to confider of the Report j but that fince * they themfelves had precipitated this Affair, J he was of Opinion they ought to profecute ' it with Vigor, left, by flopping on a fudden, c they fhould fortify the Notion, which the c Friends of the late Miniftry had, with great ' Induftry, propagated among the People, that c the' Report of the Committee of Secrecy would ' vamfh into Smoke: The rather, becaufe , thefe ' malicious Infinuations had raifed the Spirits 4 and Infolence of the DifarTe&ed, aod were O 'the C 122) c the principal Caufe oftheprefent Ferment a* c mong the giddy Multitude. That he agreed c with the Member who had moved for the c Printing of the Report, that not only the c Houfe, but the whole World might be con- c vine'd of the Fairnefs and Impartiality of * their Proceedings: But that the Crimes of c fome Perfons named in the Report were fo 1 obvious to every Body, that they ought, in c his Opinion, immediately proceed to the Im- peaching of them." The Tories ftill endea- vour'd to put off the Evil Da\\ and fome pro- pofed the Adjourning of the Debate till that Day vSeven night *, and others would have been contented to deferr it for Three Days only, viz. to the Monday following : But the Court were ftauiTch and refolute againft all Delays \ and the Queftion being put about feven a- clock in the Evening, on the Motion made by Sir Thomas Hanwer, was carried by in the Nega- tive by 280 Voices againft 160. This Point being "gaufd, Mr. Wslpole faid, c He made no * Queftion, that, after the Report had been 1 twice read, the whole Houfe was fully con- * vine'd, that Henry Lord Vifcount Bolingbroke 1 was guilty of High-Treafon, and other High- 1 Crimes and Mi [demeanours. . That therefore, - _ JO * he impeach'd him of thofe Crimes : But if any r b *oke ' Meaiber bsd an y Thin s to fa > r in his Behal *> impeuh'd of * ^e doubted not but the Houfe was ready to i/.Trufon. '* near ^ im '* Hereupon, the Tories look'd one another in the Face ^ and there was, for fome Minutes, a deep Silence in the Houfe. Md\ Hnngerford broke it with faying, ' That in his * Opinion, nothing was mention'd in the Report * in Relation to the Lord Bolingbroke , that a- e mounted to High-Treafon •, ' And General Rofs faia, c He wonder'd no Body fpoke in favour 1 ot my Lord Bolingbr$ke : That, for his own c Part, he had nothing to fay at prefent *, but 1 referved to himfelt to fpeak in a properer Time. The (12?) The Refolution for Impeaching Henry, Lord Vifcount Bol'mgbroh of High-Treafon and other High Crimes and Mi f demeanours, being pafs'd \ and Candles brought in, according to Order, the Lord Coningsby, flood up and faid, c The c Worthy Chairman of the Committee has im- c peach'd the Hand, but I do impeach the Head : ? He has impeach'd the C/*r£, and I the Juftice *, c He has impeach'd the Scholar, and I the Mafter : And fo impeach'd Robert, Earl of Oxford and Earl Mortimer of High-Treafon, and other High-Crimes and Mif demeanours. Hereupon Mr. Auditor fforfcy made a long pathetick Speech -, wherein he endeavour'd to juftify his Brother, c as having done nothing but by the 4 immediate Commands of the late Queen ; ur- * ging, that the Peace was a good one *, and ap- c proved as fuch by Two Parliaments *, And 1 fuch Threadbare Topicks ; Concluding , 1 that the Facts mentioned in the Report, and " * which were charged on the Earl, could not ' be conftrued to amount to High-Treafon, but * only in ftrifl: Rigor, t;o. Mif demeanours" He was back'd by Mr. Auditor Foley, the Earl's Brother-in-Law, who complaint of the Hard- fhip put upon that Nobleman, in Charging hina with High-Treafon, before they had examin'd the Report ; But what was yet more favourable for the Earl, was fpoke by Sir Jofeph Jekyl/, one of the Committee of Secrecy , who (aid, c That 4 as to the Lord Bolingbroke they had more than c fufficient Evidence to convid him of High- c Treafon, upon the Statute 25. Edw. III. but c that as to the Earl of Oxford, he doubted 1 whether they had either fufficient Matter, or * Evidence to impeach him of Treafon.' But another honourable Member of the Committee of Secrecy having aflured the Houle, That be- fides what had appeared before them, and was mention d in the Report, they had other Evidence, Yiva voce ; It was likewife refolv'd without Q2 dividing, On) dividing, c That this Houfe will impeach Robert 8 Earl of Oxford and Earl Mortimer of ///gfc- 7 r £ir j c c Treafon, and other High-Crimes and Afr/de- Oxford /m C ™ eanoHrs »' And Ordered, c That it be referr'd p Mf j'j 0/ h. c to tne Committee of Secrecy, to draw up Ar- Trcafon. * tides of Impeachment and prepare Evidence c againft Henry, Vifcount Bolingbroh^ and Robert c Earl of Oxford and Earl Mortimer* After this it was order'd likewife, that the further Confideration of the faid Report be adjourn d to that Day Seven night *, and that the faid Re- port, with the Appendix, be printed. The next Morning the Earl of Oxford went to the Houfe of Peers, and, at firft appeard prettySerene and Unconcerned : but finding thst moft Members avoided fitting near him *, and that even the Earl P— - 1 was fliy of exchanging a few Words with him, he was dafh'd out of Countenance, and retired out of the Houfe. The * June nth* fame * Day, the Commons Ordered, c That Mr. 4 Speaker do fend a printed Copy of the Re- c port from the Committee of Secrecy to the c Sheriff of every County, and to the Returning g Officer of every City and Borough fending 4 Members to Parliament : " And, indeed, the PrepofTeffions of the People in favour of the late Managers were fo ftrong, and fo general, that nothing lefs than thi9 Report could have been able to diflipate their Infatuation, by lay- ing open, as it does as clear as the Sun in its Meridian, anunparallel'dSceneofFtf/Jy, Villainy and Treachery. * On Wednesday, the 15th of June, Mr. Wal- pole, from the Committee of Secrecy, acquainted the Houfe, c That he was direded by the Com- * mittee to move the Houfe, that the Perfons Crier for exa-* ta ^ en mi0 Cuflody (purfuant to the Order wining Mr." ' °f the Houfe of the 9th lnftant) might be ex- Pr'or andW. c amin'd in the moft folemn manner, according Hailey. c to former Precedents : " Upon which it was ordered^ 'That fuch Members of the Committee (125) a of Secrecy who are Juftices of the Peace for 1 the County of Middle/ ex fhould examine S Matthew Prior , Efq-, and Tho. /Parity, Efq*, 4 at the (aid Committee, touching Matters con- c tain'd in the feveral Books and Papers referr'd 4 to them. Two Days -r after, Mr. Walpole acquainted \ June 17th. the Houfe, * That (purfuant to their Order) c Matthew Prior, Efq-, bad been, the Day before, Mr. Prior 4 examin'd before the Committee of Secrecy, orde * f t0 . b& 4 and during a long Examination there appear'd c °y n ' i J n . 'Matters of fuch Importance, that the Com-^ Ctt ®^ 4 mittee had directed him to move the Houfe, 4 that he might be confined in clofe Cuftody, 4 and no Perfon permitted to come to him : Upon which it was ordered, That Matthew Prior, Efq; (now in Custody of the Serjeant at Arms) be confined in clofe Cufiody, and no Per- fon permitted to come to him without Leave from Mr. Speaker. This Order occafion'd various Reports : Some afrhrm'd, That the Eari of Ox- ford had been Three Hours in clofe Confe- rence with Mr. Prior, and had fo effectually tamper'd with him, that he was more fhy and referved in anfwering Queftions, than he had been before *, And others pretended, That Mr. Trior had himfelf difcover'd to fome Members of the Secret Committee the Endeavours which had been ufed to take him off*, and had defired to be clofe confined, to prevent the like for the future. Be that as it will, the lame* Day * j unQ 17th that Order was made, Printed Copies of the Report from the Committee of Secrecy were de- liver'd to the Members of Both Houfes : Upon which Mr. Bromley moved that the further Confederation of the faid Report be adjourn'd till Tuefdav the 21ft of June, that the Mem- bers might have Time to perufe the faid Report : "Which was ordered accordingly. All Various He- ports about the Duke of Orjnond. (126) All this while there were various Reports concerning the Duke of Ormond, who having been the principal Inftrument or" the late Mi- mfters^ and, next to them, lying moll: open to an Accufation, was therefore moil likely to be next impeach'd. Some gave out, That one of his noble Relations had interceded for him with the King, and even perfuaded his Grace to write a fubmifiive Letter to His Majefty, de firing a favourable Interpretation of his former jift ions , and imploring his Mafs Clemency. They who really wifh'd well to his Grace, notwith- standing his late Errors, were in hopes, He would have purfued that wholefome Counfel : But they (aw with Regret, that his Graces pretended Friends /till hurry'd him on to a Precipice^ by endeavouring to make him the Darling of the Populace. To this Purpofe we may take Notice, That about the. middle of June the following printed Advertifement was difpers'd with great Induftry, viz. X fAN Tuefday, the 7th of this Month, Her K^J c Grace the Dutchefs of Ormond^ in 1 her Return f>om Rkhmond, was ftopp'd in c her Coach by Three Perfons well mounted, * and well arm'd, in Difguiie, who enquir'd if ' the Duke was in the Coach, and feem'd to have * a Defign upon his Life if he had been there. It * has been obferv'd, that many Perfons arm'd 9 * and difguis'd in the like Manner, have been * watching byDay and by Night upon that Road, c on each Side of the Water, and it is not to c be doubted, with a Defign to ajfaffmate His c Grace. Tis plain, that fuppofing the FacT: fet forth in this Adverti feme-fit to be true, the Confe- rence which was drawn from it, viz. a Defign to aff.ifiinate His Grace, was not only ftrairfd and incenchfive, but alfo a moil dangerous In- fmuatipn, calculated to feel the Pulfe, and raife tfre Fury of the Mobb a^ainl't His Grace's fuppofed Enemies,. \b$ ( 12) ) The Folly and Madnefs of his Graced prefer tied Friends, in fetting up his Name as a Jign.il for Riots and Tumults, could not but alarm the Government*, and, perhaps, provoked the H. of Commons to proceed againft him fooner, and with more Vigour, than they would otherwife have done. Be that as it will, On Tucfday, the 2 1 ft of June, the Houfe having, according to order, confider'd further of the Report from the Committee of Secrecy, Mr. Secretary Stanhope, ftood up and faid, c HewilVd he were not o- c bliged to break Science on that Occafion-, but c that as a Member of the Secret Committee, and c of that great AfTembly, which ought to do * the Nation Juftice, he thought it his Duty to * impeach James Duke of Ormond of High Trea- Gencr&l Stan- c [on, and other High Crimes and Mifdcmea- hope im- c nors ; ' And was Seconded by Mr. Bofcamn, P^ ss d* ®- Comptroller of his Majefty's Houfcold. Here- °t Ormond. upon Archibald Hutchinfon Efqj one of the Commiflionersof Trade, made a long Speech in behalf of the Duke of Ormond, wherein he fet forth c his NobleBirth and Qualifications ; and c thegreatvServices which both he and his Illuftri- * ous Anceftors had perform'd to the Crown and c Nation •, urged, That in the whole Courfe of c his late Condud he had but obey'd the late 4 Queen's Commands •, and concluded, That if c all that was alledged againft his Grace in the c Report could be made out, it would in the 4 Rigour of the Law, amount to no more 4 than High Mifdemeamrs, * This Speech, made a great Impreftion on the AiTem- bly •, and Mr. Hutchinfon was feconded by Ge- neral Lumhy who laid among other Things, c That the Duke of Ormond had on all Occafi- 1 ons given fignal Proofs both of his Affeciion and c Love for his Country, and of his Perfonal L Bravery and Courage, particularly at the Bat- c tie of Landen, where he was Wounded and * taken Prifoner j and that the late King William was (128) c waQ extremely fatisfied with his Grace's Gallant * Behaviour. That his Grace had generoufly 'expended the bed Part of his Eftate in the 4 Wars, Living in a moft Noble and Splendid * manner, for the Honour of his Country \ c That therefore in confideration bothof bis great ' Services, and his JUuftrious Relations, if be 4 had of late been fo unfortunate as to fail in any ' Part of his Conduct, they ought not to pro- 4 ceed againft him with the utmoft Rigour of 4 the Law \ The rather becaufe he ever meant 'well, .and was drawn into ill Meafures by 4 crafty Minifters. ' Sir Jofeph Jekyll, fpoke likewife in favour of the Duke of Ormond: He faid, 4 That if there was Room for Mercy he 4 hoped it would be ihewn to that noble, gene- 4 rous, and couragious Peer, who, for many c Years, had exerted thofe great Accomplifti- 4 ments for the Good and Honour of his Coun* 4 try *, That, if, of late, he had the Misfortune c to deviate from his former Condud, the Blame 4 ought not, in Juftice and Eauity be laid to him, 4 but to them principally, who abufing his AfTe- 4 &ion, Loyalty, and Zeal for the Service of * his Royal Miftrefs had drawn him into perni- * cious Counfels j That therefore, as the Statute c of the 25th Edw. III. on which the Charge of c High Treafon againft his Grace was to be * grounded, had been mitigated by fubfequent c Laws, the Houfe ought not, in his Opinion, * take Advantage of that Aft againft the Duke, * but only impeach him of High Crimes and c Mifdemeanors. Sir Jofeph added, (in the 1 Courfe of this Debate) That fomc Perfons en- c deavour'd to aggravate [the Duke of Ormond! s 1 Faults, by charging upon him the Riots and c Tumults which the Populace committed daily 4 in many Places \ But that he durft averr, that * his Grace did no ways countenance thofe dif- 1 orders *, and if the DifaffeAed made ufe of his 4 Name, unknown ro Him, his Grace ought not to (121) * to fuffer for it. ' General Rofs laid great ftrefs upon Sir Jofeph Jekylh Opinion •, and faid all he could in his Commendation, and the Duke's Defence.. Sir Williim Wyndham^ Thomas Onflow Efqr, Mr. Wrrrd, Mr. Hunger ford* and (ome other Members of both Parties, fpoke alfoon the fame Side; But Mr Lyddal, (a young Gentleman of bright Parts, who fpoke this firft Time with great^Deliberation and Applaufc) Mr. Hampden, and Mr. Tkompfon, Recorder of the City of London^ did ftrongly fupport General Stanhope's Motion *, anfwer'd all that had been ailed g'd in the Duke's Favour *, and a- mong other Things, reprefented, 4 That hee- fc ver affe&ed Popularity r That he could not be c ignorant of the Tumult s and Riots of which his * Name was the Signal \ and that fince he did € not publickly difown them, who made ufe of ' his Name, his Silence was a tacit Approbation * of their Proceedings, and feem'd to fummori c the People to a general Infurredion. Sir Edward Northey, Attorney General, did not difown* but that in the "Report of the Committee of Secrecy there were fome Matters on which an Impeachment of High-Treafon might be grounded againit the Duke of Ormond 3 but did not think it proper to explain himfelf further, on that Occafion. Mr. LfbBmere Sol licitor General, fpoke plainer : and. mentiond a Cafe parallel to the Duke's, 'which had been adjudg'd Treafotu By this Tune, the Debate badlafted from about one, till near Nine in the Evening *, and a Motion that was made for adjourning, being waved, Candles 'were order'd to be brought in j which being done accordingly, the Debate was prolonged till about half an Hour pait Ten, when the queftion was put and reiblv'd by a Majority Tie D. ofOt- of 234 Voices agaiuft 187, l That this HoulemonJ im c will impeach T;Wj Duke of Ormond of Higfc peuFd of * Treafon, and other, High Crimes and 'Mifde* High 7rctf**l_ *• meanors. * After which it was order'd, c Tfiat Q 4 it (122) c it be referr'd to the Committee of Secrecy , to 4 draw up Articles of Impeachment, and pi epare € Evidence againft James Duke ot Ormond •, and 4 that the further Confederation of the fed Re- port be adjourn'd to the next Morning. ' Jt was obferv'd that fcarce any Debate was mana- ged in that Houfe with more Calmnefs and De- cency than this about the Duke of Ormnd\ not an angry or paflionate Word having dropt from any that fpoke for or againir. his Grace. It was Jike wife obferv'd, that many Wvigs and Courti- ers went out of the Houfe, to avoid giving their Votes •, which they could not do without either wronging their Coufciences, or doing Violence to the Tcnden?efi and jljfetiion they bore to that unfortunate Nobleman. * T une 2 -d. The next t Day, the Commons refumed the Confideration of the Report from the Commit- tee of Secrecy, and Mr. Aijlaby, Treafurer of the Navy, who fpoke firft, took notice of the ' general Concern, that had appeared the Day be- c fore in the Houfe, for the noble Perfon that was 4 impeach'd } becaufe they wereperfuaded 'twas * rather through IVcahej} than Malice that he 1 had iblJow'd Pernicious Counfels : But that in c his Opinion, few, if any, would fpeak in Fa- 4 vour of. another Lord, whom he waste im- ' peach. That the Perfon he meant was Tl.omas, 4 Earl of Strafford, one of the Plenipotentiaries c of Great Britain, at theCongrefs at Vtret c whofe Conduct had been vaftly different from 4 that of his Colleague, the prefent Bishop of 1 London. That this good and pious Prelate 4 feem'd to have been put at the Head of that * Negotiation, only to palliate the Iniquity of it, c under the Sacrednefs of his Character ; but was 1 little more than a. Cypher in the Abfcnce of the 4 Earl of Strafford. That the Bifhop not being 4 in the Secret, had a&ed with Refer ve and Cau- 4 tion, and would do nothing without the ' Queen's fpecial Commands : Whereas the Earl 'ef (I2J ) l . of Strafford not only was forward to venture ancf S undertake anything (as he exprtfTes himfelf in * one of his Letters) to be the Tool of a Frenchi- hfy'd Minlftry,; but in msrny Inftances had gone c beyond his Inftruddons, and advifed the moil * Pernicious Meafures That having impartially c weigh'd the different Conduct oi thefe Two * Milliters, he was glad that nothing could be c charg'd upon the Bi (hop, which gave them an c Opportunity to convince the World, That the % Church is ?iot in Danger : But moved that c Thomas, Earl of Strafford be impeach'd of High c Crimes and Mi f demeanors.' Mr. Aiflaby af- terwards enlarged upon this Charge, which he redue'd to Three Principal Heads, vi£. c ift % * The Earl of Strafford's advifing the fatal Sufi- € penfion of Arms ; which was foon after attended c with feveral Misfortunes that befel the Allies } c and, at Jaft, reduced them to the Necefiity of c fubmitting to the Terms of an Unfafe, Diilio c nourable Peace. zdly, Advifing the Seizing of ' Ghent and Bruges , 'in order to diitrefs the Al- c lies, and favour the Enemy.. And $dly, The c Infolence and Contempt with which he had c - treated the Mod Serene Houfe of Hanover, and * their Generals and Minifters.' Mr. Bailie, a Scotch Member, having feconded Mr. Aijlabv, Sir William Wynham endeavour'd to juftity the Earl of Strafford, as to the Firft Head, by fay- ing, c That the Peace, which was but the Se- c quel and neceiTary Confluence of the Sufpen- c fion of Arms, had been approved as fuch by 1 Two fucceilive Parliaments, and declared ad- 4 vantageotu, fafe, and honourable, Mr. Shippen, Mr. Ward (the Lawyer) and Mr. Snell, (poke alfo in Favour of the Earl of Strafford-, as did alfo Mr. Hungerford, who a among other things, faid, * That tho' the Bifhop ' of London had an equal Share with the Earl of c Strafford in the Negotiation of Peace, he was, * it feems,, to have the Benefit of his Clergy* Ge- Q.^ nera* ( 124) peralfr?/} having li^ewife faid fomethine to ex- eufe the Sufpenjion of Arms, General Caaogdn an- fwer'd him briskly ^ and (hew'd, ' That confider- ■ im> the Situation of both Armies, the Confede- \ rates loft the Faireft Opportunity they ever had c in Flinders to deftroy the Enemy's Army, and * to penetrate into the very Heart of France : But aided, c That nothing Iefs could be expected * from a Princefs, and a Miniftry, who had en- tirely deliver cj themfeives into the Hands of c France. Sir James Campbel fpoke alfo againft the'Earl of Strafford: But the Member who di- ftinguiiVd bimielf moft in this Debate was Sir James 'Dalrimple. another Scotch Member , who witb great Clearnefs and Solidity, fumm'd op what had been faid on Both Sides \ and having illuft rated the* p"efent Cafe by parallel Inftances, and proper Observations, fhew d that both by theC/'^;7and Statute Laws the Earl of Strafford was. atleait guilty of Fiigh Crimes and Mifder meanors. Hereupon, about Seven a-clock in the Evening, the Qudtion was put, and (by a Ma- jority of 268 Voices againft 100) refolved, That 7k Earl of this 'Houfe 'will impeach Thomas, Earl of Strafford im- St rafter d, of H%h Crimes and Mi demeanors^ pacV4 of and Mer*d, ijj a c That it be referr d to the rCrimes c Committee of Secrecy to draw up Articles of ami wnjje- '< Impeachment^ and prepare Evidence againft the Conors, c feid £arl/ And ^ t mt lhe further Con . * federation of the laid Report be adjourn'd to 1 that Day Sevenight : ' When it was further ad- journ'd for a Week longer. On Thurfday, the 7th of July, Mr. IValpole, from the Committee of Secrecy, acquainted the houfe, ' That the Committee had, in Obedience * to the Commands'of the Houfe, prepared Arti- \ cles of Impeachment for High Treafon^wd other * High Crimes and Mtfdemeanors^ againft Robert^ * Ear! of Oxfojrd^ and Earl Mortimer *, and tha$ c the, Committee had commanded him, at th^ * iiiir.e Time to acquaint the Houfe, tfrat they < lhould a ( "O 'fliould, in a fhort Time, have further Articles 'to lay before theHoufe againft the (aid Earl •, c and that the Committee had directed hirn to re- 1 port the Articles (already prepared) to the * Houfe.' And he read them in his Place, and af- terwards deliver'd the fame in at the Table, Articles of where they were once read. • Impeachment After this it was moved by a Tory Member, againft theE. that the further Confideration of thefaid Arti- /' 5? x / ord \ cles be ao jourrTd to that Day Scvennight ', but it l i ld be i ore xU was carry'd without dividing, and order d, \™ m ™ 5 ' That the faid Report be read a fecond time the J ] '" next Day. Accordingly, on the 8th of July, the Firft Ten of the Articles of Impeachment againft Robert, Earl of Oxford and Earl Morti- mer, were read a 2d Time ^ and upon the Que- ftionfevera'ly put thereupon (with An^ndmehts to fome of them) there was a long Debate from Debate ahout Two till Eight in the Evening, when they were them. agreed to, by a Majority c 280 \ r oices, againft July 8. 125. Then a Mcti n being made and the Que- ft ion put. That the further I ^deration of the faid Report be a joorn'd til? the next A V orning, the feme was carry d ir the Negativ. , by 247 Votes againft 139. Hereupon the XJth Art cie was read a Second Time ; arid amended by the Hoafe •, and, after Candles had been brought in, there arofe a great Debate, upon the Queftion, whether the faid Article was tJigb-Treajon ? Sir Robert Raymond^ formerly Sollickor General, William Bromlfy ) Efq*, Sir William Wyndham % the Au iitors Harley and Foley ^ Mr. Ward, and Mr. Hungerford, (who h>d already fpoke in fa- vour of the Earl of Oxford) maintain'd the Negative : And were ftrbngly Supported by fy Jofeph }ffyll x one of the Committee of Secrecy. The latter faid, among other Things, c That c it was ever his Principle to do Juftice to every 1 Body, from the Higheft to the Loweft, being ' perfuaded, That it was the Duty of an honelt I Man never to ad by a Spirit of Party. That; * he (126) * he hoped he might pretend to have fome ' Knowledge of the Laws of the Kingdom*, 6 and as in the Committee of Secrecy he had ta- * ken the Liberty to differ from his" Colleagues, c he would not fcruple to declare now to the c Whole Honfe, that, in his Judgment, the c Charge in Question did not amount to High- c Treafon" Molt of the other Members of the Committee ofSecrecyVivcz offended at thisSpeech, which both revealed a^d cenfured their Pro- ceedings: And thereupon Mr. Walpole anlwer'd, with fome Warmth, ' That there were both in* 4 and out of the Committee of Secrecy feveral * Perfons, who did not, in the leafl, yield to c the Member that fpoke lait, in point of Ho- c nefty \ and who, without derogating from his * Merit, were Superior to him in the Know- 4 ledge of the Laws \ But who, at the fame Time, * were Satisfied that the Charge fpecified in '* the Xlth Article amounted to Treafon." Mr. Walpole was back'd by Generel Stanhope^ the Lord Conihgsby, General Cadogw, Mr. Bof- cawen, and Mr. Aijlaby, And the Eleventh Ar- ticle being amended, the fame was agreed to by the Houfe, by a Majority of 247 Votes a- gainft 127- It is obfervable, Thar Mr. Audi- tor Harley endeavour'd to juftify his Brother, Firftj By urging that he ever a&ed by the late Queen's pofitive Commands •, to prove which he offer'd to produce Two Letters from hkr Ma- jefty •, and 2^/y, The Neceility of making a Peace. Having, upon this Occafion advanc'd, That the Dutch prolong'd the War, and that their Deputies in the Army bad often prevented the gtfing the Enemy a Decifive Blow : General Ckxdogan anfwer'd him very fmartly j fhew'd that the Dutch were more concern'd than any Prince or State in the Grand Alliance to put an End to the War*, and undertook to prove, That- -there had not been any Campaign in Flanders , except that in which the Duke of A z Or mend (127) Ormond commanded, that was not mark'd, and famous to all Pofterity, for fome fignal and glorious Event, to the Advantage of the Com- mon Caule. Then the reft of the Sixteen Ar- ticles were feverally read a Second Time, and with Amendments to fome of them, agreed unto by the H ou fe, who Ordered, Fir ft, 7>Atf the faid Articles beengroffed j Secondly, That a Claufe be prepared fav'mg Liberty to the Commons to exhibit any further Articles againfl the [aid. Robert Earl of Oxford and Earl Mortimer -, and that he may be fequeftredfrom Parliament^ and committed to fife Cufflody. This Claufe *Jutycth. was, according to Order, offer 'd the xxzyx * Day, to the Houfe \ and being twice read, and agreed , to, was ordci d to be mgro/Ted with the Arti- cles of Impeachment. Whilft this was doing, the Commons, order'd Mr. Comptroller to go to the Lords with a MefTage, to defire that their Lordfhips would continue Sitting fome t Time j with which Defire their Lordfhips rea- * diiy comply'd. Then the IngrofTed Articles of Impeachment againfl Robert, Earl of Oxford and Earl Mortimer were read ; after which it orderscfrhe was order.d,, Firft, That the Lord Coningsby H . f c, , lT - do carry the faid Articles to the Lords, Secondly, mons for Irr- That the Lord Coningsby he directed, (before poaching the he exhibit es the faid Articles to the Lords) to E. or Oxford, impeach Robert, Earl of Oxford and Earl Mor- timer to the Effccl following, viz. My LORDS, The Commons affembled in Parliament having received Information of divers Trait erom Pra- ctices and Defigns of a Great Peer of this Houfe Robert, Earl of Oxford and Earl Mortimer, have commanded me to Impeach the faid Earl of Oxford and Earl Mor.timer of High-Treafon^ and other High Crimes and Alif demeanours ; And I do here in their Names, and in the Names of all the Commons of Great Britain Impeach Robert, Earl of Oxford and Earl Mortimer °J High-Treafon^and other High Crimes and Arj- detneanors. tneandurs. I am farther commanded by th* Hoiife of Commons to pray and demand of your Lordjhips, That the Earl of Oxford and Earl Mortimer may be feque fired from Parliament , and forthwith committed to \~afe Cuftody. After this, Mr. SolWum General having been fent to the Lords with a MefTage, to defir'e, that their Lordfhips would dired the Painted- Chamber, the Lobby, and the Paffage to the Houfe of IPeers might be clear'd from any Crowd, which was done accordingly, by Five a-clock in the Afternoon, the Lord Comngsby 9 attended by molt of the Whig Members, went Articles of U P t0 tne °f Houfe of Peers, and at their Bar, im- 1MVEACH peach'd Robert, Earl of Oxford and Earl Mor- MEMI &< timer, in the Form above-mention'd \ and then gainft the left with their Lordfhips, the following faid Earl. ARTICLES of IMPEACHMENT. WHEREAS many folemnTreaties and Alliances have been formerly entered into between the Crown of England and other Princes and Potentates of En ops. for their mutual Safety, and from the Confiderations of the common Danger which threatened all Chrifiendom, from the immoderate Growth of the Power of Ftanse. And whereas the Pre- venting the Monarchy of Spain from coming into the Hands of the Houfe of Bourbon, has, for many Years, been a funda- mental Principle and Maxim of Union among the Allies, in order to prefers a jaft Baliance of Power in Europe : And to that End, as theDefignsof France on the Monarchy of Spain have, from Time to Time, appear d, new Treaties and ex- prefs Stipulations have been enter'd into amongit the Allies, to jtrengthen themfelves againil that approaching Danger : And on this Foundation a Treaty far an intended Partition, whejeby a Small Part only of the Dominions of the Crown cf Spain was allotted to the Houfe of Bourbon, was condemn cl by the VViidom of Parliament, as being highly prejudicial and fatal in its Conlequences to England, and the Peace of Europe. And whereas the Duke of Anjou, Grand Ion to the Kkig of F met, on the Demiie of Charles the Second, King of Spain^ Cook PoiTdTion of the entire Monarchy of Spam, whereby the (I2 9 ) theBallance of Power, the Proteslant Religion, and the Li" berties of Europe, were threaten'd with immediate Danger : Whereupon Leopold, then Emp. of Germany, His I ate Maje- fty King William the Third, of Ever-glorious Memory, and the States-General of thtVnUed Provinces, finding, at ttat moft critical Juncture, that a find Con junction and Alliance between themfelves was become necefTary, for repelling the Greatnefs of the Common Danger from fo great an Acceflion of the Power to the then Common Enemy, did, in the Year of our Lord 1701, make, form, and conclude, a New Treaty and Alliance, whereby it was agreed, That there fhali be and continue between the faid Confederates, His Sacred Imperial Majefty, His Sacred Royal Majelty oft Great Bn- tain, and the Lords the States-General of the Vnlted Provin- ces, a Conftant, Perpetual, and Inviolable Friend ihip and Correfpondence, and that each Party fhall be obliged to pro- mote the Advantages of the other, and prevent a!! Inconve- niences and Dangers that might happen to them, as far as lies in their Power*. That the faid Allies defiring nothing more earneftly than the Peace and general Quiet of all Europe, have adjudg'd, that nothing can be more effectual for the EftabliuV ment thereof, than the procuring an equitable and reafonable Satisfaction to His Imperial Majefty for his Pretenfion to the Sp.mijl} Succeflion, and that the King of Great Britain and the States General may obtain a particular and fufTicient \ecurity for their KingdomSj Provinces, and Dominions, and for the Navigation and Commerce of their ^uhje&s : That the faii Confederates therefore iliall, in the fir ft place, endeavour, by Amicab'j Means, to obtain the faid Satisfaction •, but if, contrary to their Expectations and Wifbes, the fame is not had, the fame Confederates do engage and promile to one an- - other, that they will altift each other with all their Forces, according to a specification to be agreed upon in a peculiar Convention for that Pur pofe: That the Confederates, in or- der to the procuring the Satisfa&ion and Security a fore faid, fhall, ^nongft other things, ufe their utmoft Endeavours to recover the Provinces of the Spanifl) Low Countries, that they may be a Fence and Rampart, commonly calFd a Barrier, fe- paratingand dividing France from the Vmted Provinces, for the Security of the States General, as they have ferv'd in all Times, til] of late that the Mofi Cbnftian King bzi K * ieized ftized them by his Forces \ as likewile the Dutchy of Milarr^ with its Dependencies, as a Fief of the Empire, and contri- buting to the Security of His Imperial Majefty's hereditary Dominions ^ befides the Kingdoms of Naples and Sicily, and the Lands and Iflands upon the Coaft of Tnfcany in the Medi- terranean, that belonged to the Sp.im(h Dominions, and may ferveto the fame Purpofe, and will be al r o of Advantage to the Navigation and Commerce of the Subjects of the King of Great Britain, and of the Vmted Provinces : That in cafe the Confederates (hall be forced to enter into a War, for obtain- ing the Satisfaction aforefaid for His Imperial Majefty,and the Security of His Majelty of Great Britain and the States- General, they (hall communicate their Defigns to one another, as well in relation to the Actions of the War, as all other things wherein the common Caufe isconcern'd : That it (hall not be permitted to either Party, when the War is once be- gun, to treat of Peace with the Enemy, unlefs jointly , and by a Communication of Counfels •, and no Peace fhall be made, unlefs an equitable and reafonable Satisfaction for His Imperial Majefty, and the particular Security of the Kingdoms, Pro- vinces, Dominions, Navigations, and Commerce, for His Majefty of Great Britain, and the States-General, be firft obtained \ and unlels care be taken, by fitting Security, that the Kingdoms of France and Spain fhall never come and be united under the fame Government, nor that one and the fame Perfon fhall be King ot Both Kingdoms -, and particu- larly that the French fhall never get into" the PofTeffion of the Spanish Indies, neither fhall they be permitted to fail thither on the Account of Traffick, directly or indirectly, on any Pretence whatfoever : And laftly, unlefs full Liberty be granted unto the Subjects of the King of Great Britain, and the States General, to exercife and enjoy all the fame Privile- ges, Rights, Immunities, and Franchifes of Commerce, by Sea and Land, in Spam, the Mediterranean, and all Lands and Places which the King of Spain laft deceafed did pofTefs at the Time of his Death, as well in Europe as elfewhere, which they ufed and enjoy ed,or which the Subjects of both, or either of them by any Right acquired by Treaties, Agreement^ Cuftoms, or any other way whatfoever, might have ufed and enjoyed before the Death of the Late King of Spain : That, at the fame Time that the faid Agreement or Peace Peace (hall be made, the Confederates (Tiall agree among themfelves about all the things that they Pnalj think neceflary for maintaining'the Navigation and Commerce of the Subjects of Gr. Br. and the States-General, in the Lands and Domi- nions they may acquire, and that were pofleflH by the late Deceafed King of Spain, and alfo in what manner the States- General may be feeured by the aforefaid Fence or Barrier. And whereas His Paid late Majefty King William^ and the States General, ferioufly confidering, thas France was then become fo formidable from the Accdlion of Spain to the Duke of Anjou, that, in the Opinion of all the World, Europe was in Danger of lofing ber Liberty, and undergoing the heavy Yoke of Univerfal Monarchy j and that the fureft Means of effecting that Defign, were to divide the King of Great Britain from the vStates- General j for which Purpofeall imaginable Efforts would be made *,they therefore thought it necefTary to unite in the ftrifteft manner that was poflible \ and to that End a Defenfive Treaty and Alliance was conclu- ded and enter'd into between them, in or about the Month of November, 1701 m r Wherein it was, among other things, agreed, That in cafe the faid High Allies fhould be jointly engaged in War, by reafon of this defenfive Alliance before- mentioned in the Fifth Article, or on any other Account, there (ball be an Offenfive, and Defenfive, and Perpetual Al- liance between them, againft thofe with whom the War frail be, and all their Forces fhall be employed by Sea and Land, and they fhall ad in conjunction or feparately, as it fhall be agreed between them. But fince, in the Alliance t with the Emperor, made in Sept ember laft, particular Care' was taken of the Recovery of .the SpaniJJ) Low Countries out of the hands of the molt Chriftian King, the faid Con- federates exprefly engage to aid one another with all their Forces for the Recovery of the fame. And in regard the principal Inter eft of the faid Confederates confifts in the Prefervation of the Liberties of Europe, the before mention- ed Treaty with the Emperor fhaU be faithfully and fincerely executed, and both Sides fhall guaranty the fame, and ufe their Endeavours to confirm and render it more ftrong from time to time : That in making Peace, particular care (hall be taken of the Commerce and Traffick of .both Nations, as alfo for their Security, as well in regard to the Low-Cow R>Z tnss tries as the Countries adjacent : That when the War is begun, the Confederates lhall a& in concert, according to. the fe- vemh and eighth Articles of the Treaty of the 3d of March y in the Year of our Lord 1677 8 between England and Holland^ which is hereby renewed and confirmed *, and no Peace, nor Truce, or Sulpenfion of Arms, (hall be negotiated or made, but according to the ninth and tenth Articles of that Trea- ty, by whieh it was agreed, that when the two Allies come once to an open War, it (ball be lawful for neither of them afterwards to come to any CefTation of Arms with him, who fhall be decUr'd and proclaim'd an Enemy, without it be done conjointly, and with common Confent: That no Ne- gotiation of Peace fhall b: fet on foot by one of the Allies, without the Concurrence of the other : That each Ally (ball continually, ani from time to time, impart to the other eve- ry thing that pafifes in the faid Negotiation, and fhall ftipu- late with the Common Enemy for the fame Rights, Immuni- ties, Exemptions, and Prerogatives for his Ally, as he does for himfeli, if fo be the faid Allies do not agree to the con- trary. And whereas the French King having got PofTeffion of a great part of the Spanish Dominions, exercifed an abfo- lute Authority over that Monarchy., having feized Milan and the Spanijh Law-Countries by his Armies, and made him- felf Mafter of Cadiz., of the Entrance into the Mediterra- nean^ and of the Ports of the Span;flj tveft-Jndiei by his Fleets, every where dellgningto invade the Liberties of Europe, and to obftrud the Freedom of Navigation and Commerce \ and jnftead of giving the Satisfaction that ought juftly to be ex- pect d :? had proceeded to further Violences, and had taken on hjm to aeclctre the Pretended Prince of Wales, King of England, Scotland, and Ireland, and had alio influenced bpain to concur, in the fame Affront •, her late Majefty Queen Ame taking notice, that Ihe found her felt obliged, for maintain- ing the Pub lick Faith, for vindicating the Honour of the Crown, and to prevent the Michiers whictrall Europe was thrcatnei with, to declare War againft France and Spaing did according ly in the Moittti of M.iy 1702. in the moft'pub- Uckanci fuleoin manner declare War againff. France and *$p n \ inn in 1- id Declaration, placing her intire Confi- cjcnvwn.i... tii j ... Ahi.i^uy God, in fo juit and neceflary an Undertaking, declared, That fhe would, in conjunction •with her Allies, vigoroufly profecute the fame both by Sea and Land, being allured of the ready Concurjence of her Subjeds, in aCaule they had To openly and heartily efpoufed. And his Imperial Majefty and their High MightinclTes, purfu- ant to the Treaties aforementioned respectively, in or about the faid Month of May, 1702, did likewife declare War a- gainft France and Spain. And whereas the Kings of Portugal and Prujfia, the Electors of Hanover , Saxony, Treves, Mentz., Palatine of the Rhine, the Duke of Savoy, the Prince of fJejfe, the Duk&oi Wolfe mbnt tie, Mecklenberg, andWr- temberg, the Circles of Suabia, and Franconia, and of the Vpper Rhine, the Biihops of tAunftcr and Constance, and other Princes and Powers, being invited by the faid Grand Alliance, and relying on the Faith thereof, did afterwards become Parties to the faid Confederate War againft France and Spain ; and in the Treaty entred into in or about the Month of May 1703, between his Imperial Majefty, the Queen of Great Britain, the States General, and the King of Portugal, it is, amongft other things exprefly ftipulated, That no Peace nor Truce fhall be made, but by the mutual Confentof aU the Confederates} nor fhall any, at anytime, be made, whilftthe fecond Grandfon of the molt Chriftian King by the Dauphin, or any other Prince of the Line of France continues in Spain, nor unlefs. the Crown of Portugal fhall fully pofTefs and enjoy all the Lands, Kingdoms, Ifles, Caftles, Cities, Towns, &c. with their Territories and De- pendencies in Spain, or elfewhere, which it now pofTefTes. And in the Treaty of Norelingen, ratify'd by her late Maje- fty. it is, amongft other things, exprefly agreed, that it (hall not be allow'd to make particular Treaties, but the Peace fhall be jointly treated of, and fhall not be concluded with- out obtaining, as far as is poflible, the Re Union of the Lands belonging to the Circles, and until at leaft the Securi- ty of the affbciated Circles be abfolutely provided for, in the beft manner that is poflible, and better than it has for- merly been. And whereas to give thegreateft Strength that was poflible to the Union, fo neceffary to both Nations, Her late Majefty and the States, by a Treaty in the Month of Juae, 1703, renewed and confirmed all Treaties and Alliances tben fubfifting between them , and therein it is, amongft amongft other things, exprefly and particularly ftipulated, ' That as the faid moft Serene Queen, and the Lords the States-General, are now in War with France and Spain., and are reciprocally bound to affift each other, and mutually to defend, maintain, and preferve their Countries and Sub- jects in their PofTeffions, Immunities, and Libertiet, as well of Navigation and Commerce, as other Rights whatsoever by Sea and Land, againft and in Oppofition to all Kings, Princes, and States, and particularly againft France and 5prf/ff,totheenda jultand reafonable Peace may the better be obtained, that may eftablifti the Repofe and Tranquility of Europe, it is agreed between the moft Serene Queen of Great Britain, and the faid Lords the States-General, that neither of the faid Allies (hall make a Sufpenfion of Arms cr a Peace with France or Spam, or any other King, Prince, 6r State, who fhall moleft or attack either of the faid Allies, but in Conjunction and by common Confent. And whereas the faid War was for fever al Years carry 'd on with Vigour and Unanimity by her Majefty and her Allies, at a vaft Ex- pence both of Blood and Treafure •, for the Support of which on th« part of England, many Millions have been granted by Parliament, who, on many Occafions fince, continu'd not only to exprefs their Sen(e of the Juftice and Neceffity of the War, but did frequently give their humble Advice to the Throne, That no Peace could be Safe, Honourable, or La- iring, fo long as the Kingdom of Spain and the Weft-Indies continu'd in the pofTefiion of any Branch of the Houfe of Bourbon. And whereas it pleafed Almighty God to grant to the Confederate Arms under the Command of their Great and Victorious General the Duke of Marlborough, fuch unpa- rallel'd SuccefTes, as exceeded even their own Hopes and Fears of the Enemy *, and by the many fignai Victories of Schellenberg, Hochfiedt, Andenarde, and Kamillies, as well, as by the Conquefts of the Electorates of Bavaria and Co- logne, anl the Reduction of the Spaniffi Netherlands, and many other great Advantages both by Sea and Land \ and by the Wifdomand Unanimity of their Counfels, the Glory of the Confederate Arms, and the Reputation of Great Bri- tain in particular, was rais'd to an higher pitch than in any former Age. And whereas her late Majefty, in conjunction with her Allies, wifely forefeeing that whenever the Enemy fhoeW cm) fliould be brought to make Overtures of Peace, the fureft way to put an end to the War, and prevent France from put. ting in practice her ufual Intrigues, was by previoufly infift- ing on fuch Conditions from France, that nothing might remain to be done in a General AfTembly, but to give them the Form of a Treaty *, and forthofe Reafons a Preliminary Treaty was concluded on, and was afterwards fign'd by the Plenipotentiaries of his Imperial Majefty, of her late Maje- fty the Queen of Great Britain^ and of the Lords the States General of the United Provinces, and afterwards ratify d by their Principals •, wherein the Interefts of the feveral Allies were adjufted, in order to a General Treaty of Peace with France : and therein, the Reftitution of the Spanifh Monar- chy to the Houfe of Aitftria, being one of the chief Caufes for carrying on the War, is laid down as an immutable Foun- dation among the Allies, And whereas in the Year of our Lord 1709, the King of France having firft fignify'd his Confent to the Reftitution of the Spanijfj Monarchy to the Houfe of Auftria, fent his Minifters to the Hague to treat with the Minifters of the Principal Allies on a General Peace} and in the Conferences held thereupon, the Interefts of all the Allies, as adjufted in the (aid Preliminaries, were pofi- tively and exprefly agreed toby the Minifters of France , and particularly that of the Reftitution of the entire Spaniflj Monarchy to the Houfe of Anftria *, and the faid Negotiati- on was afterwards broke, on no other Difpute but on the thirty feventh Article of the Preliminary Treaty, concern- ing the Time and Manner of evacuating Spain. And where- as the Conferences being refumed at Gertmydenbergb, in the Year of our Lord 1710, the (aid thirty feventh Article be- came the only Subject of the Negotiation which was there fet on foot, for the finding out (oine Equivalent by which the fame Security might be given to the Allies, as they had by the thirty feventh Article of the faid Preliminaries \ and tho' it was unqueitionabie, that before any Negotiation was begun, that while the Preliminaries were treating, that by thofe Preliminaries themfelves, that before the laft Negotia- tion was refumed, and aii the while it laited, the Reftifuri- on of Spam and the Indies was laid down as a firm and im- movable Foundation of the Negotiation, and no queftion re- mained concerning it with the Minifters of the Allies or thoic thofe of France, but touching the Security for its Execution! and tho'afl reafonable andpru lent Overtures were made by the Allies for fettling an Equivalent, yet the Conferences were broke off by France without any Satistadion therein. And whereas the fincere Intentions of all the Allies to have fettled the Peace of Europe on {o\\d and equitable Foundati- ons were notorious and incon;eitable, ant the Rupture of the faid Negotiations could only be imputed to the Enemy *, her Lcred Majefty, in conjunction with her Allies, renewed their Refolutions to continue and pufh the War with Vi- gour, andtomakeallpoftible Efforts, as the only means left to force a good and general Peace. And her Majefty in her Speech from the Throne, on the fifteenth of November, 17C9, taking notice of the Endeavours of the Enemy du- ring the faid Negotiations coamufe and create Jealouues a- mong the Allies, declared her Refentment thereat, andear- neftly recommend the carrying on the War, and a vigorous Profecution of the Advantages obtained, that fhe might put the laft hand to that Great Work of reducing the Exorbitant and Oppreftive Power which had fo long threatned the Liber- ties of Europe : And it having pleafed Almighty God, after the faid Preliminary Treaty, to blefs the Confederate Army un- der the Command of their Confummate General the Duke of Marlborough with new and fignal Conquefts, the Redudion of Tommy, the Vidory of Tafnieres, the taking of Mons and Doway, Bethune, St. Venant and Aire, and the penetra- ting the Lines near the Scarpe. And whereas from the pro- fperous Condition of the Affairs of the Allies, and' the Wif- dom, Firmnefs, and Unanimity of their Counfels, nothing remained, in all human Appearance, but that they fhould reap the Fruits of all their • Victories, in a fpeedy, juft, hon- ourable, and lafting Peace ; and on the other hand nothing was left to raife the Hopes of the Enemy, whereby to defeat that happy Profped, but the Succefs of their fecret Endea- vours to dif unite the Confederacy. And whereas Robert Earl of Oxford and Earl Mortimer, with other evil minded Per- fons, Enemies to the true Interefts of their own Country, as well as to the Common Liberties and Welfare of Europe, ha- ving by many wicked Arts and bafe InGnuations obtained Ac- cefsto her late Majefty Queen Anne, and in or about the Months of July or Augujt, 17 10 being admitted into her Councils (i?7> Councils, and into Places ofthehigheft Truft } and to make way for their wicked Enterprizes, did by their evil Counfel and Advice, prevail on Her Majejty to difTolve a Parliament which had given the moft unqueftionable Proofs of their great Wifdom, and of their true Zeal for the Common Caufe \ for which, as well as for the many Marks of Duty and Affe- ction given to her, Her Majefty return'd her hearty Thanks, and exprefs'd her grear Satisfaction. And whereas the faid Robert, Earl of Oxford an J Earl Mortimer, and others his Accomplices, had formed a treacherous Correfpondence with the EmifTariesof France, by means whereof certain Propofi- tions were tranfmitted From France to England, fign'd by Monfieur de Tdrcy, Secretary of the King of France, in the Month of April, 171 1, to be the Bafts of a Treaty of a Ge- neral Peace; which Propofitions, tho'Her Majefty was pre- S jcin join in all the moft proper Meafures to procure it *, th 4 at the Proportions were yet too general^ and that the States dcfire, as Great Britain did, that France would explain her felf more particularly upon the Points therein contain'd, and impart a Plan which fhe thinks the moft proper to fecure the Intereft of the Allies, and fettle the Repoie of Europe ^ after which a more particular Nego- tiation might be enter'd into. Notwithstanding all which Premies, A R T I C L E I. HE the Paid Robert, Earl of Oxford, and Earl Mortimer, having no Regard to the Honour or Safety ot Her late Majefty or her Kingdoms, or to the many folemn Engage- ments Ihe was then under to the old and faithful Allies of this Nation, or to the common Liberties of Europe \ but being de- voted to the Intereft and Service of the French King, the Common Enemy *, and being then Lord High Treafurer of Great Britain, and one of Her Majefty's moft Honourable Privy Council, contrary to his Oath, and in Violation of his Duty and Truft, and in Defiance of the Tenour of the feve- ral Treaties aforemention'd, or fomeof them, as well as of the frequent Advices of Parliament, and the many Declara- tions of Her Maj. from the Throne -,but more particularly in Deflauceofthe folemn and mutual AfTurances which had been fo lately renew'd between Her Maj. and the States, to ad in perfed Concert with them in making Peace as in makingWar, did on or about theMonths of Jul. ovAttg.in theYear of ourLd. 171 1, malicioufly and wickedly forma moft treacherous and pernicious Contrivance and Confederacy with other evildif- pofed Perfons, then alio of Her Majefty s Privy Council to let on foot a Private, Separate, Dishonourable, ana Deftru- dive Negotiation of Peace, between Great Britain and France, without any Communication thereof to Her Maje- fty's Allies, according to their feveral Treaties -, and was not only wanting in his Duty and Truft to Her Majefty, by not oppofing, and, as far as was in his Power, by not advifing Her Majefty againft going into any Private Separate Negotia- tion with F-Qinee ; but in Execution of his Purpofes aforefaid, he the fail 1 Robert, Earl of Oxford and Earl Mortimer, did advife Her late Majefty to fend Matthew Prior, Efq\ diredly to the Court of France, to make Propofitions of Peace, without r 139; without communicating the fame to Her Majefty's Allies. And accordingly the faid Matthew Prior, by the Advice, and with she Privity of him the laid Earl of Oxford and Earl Mortimer, and other falfe and evil Ccunfeliors, in or about the Months of July or Ai\ and therein he did advife and promote S 2 ' s ' the (Mo) tfee making a Private and Separate Treaty or Agreement be- tween the faid Crowns : Which faid Treaty or Agreement was afterwards, with the Privity, Confent, and Advice of him the faid Robert* Earl of Oxford and Earl Mortimer^ agreed, concluded, and flgn'dby the laid Sieur Mefnager^on t^e Pirtof France, and by the Earl of Dartmouth and Henry St. John, Efq^ Two of Her Majefiy's Principal Secretaries of State in Behalf of Her late Majefty, by Virtue only of Her Majefty's Sign Manual under the Signet, and without the kaft K oowletige or Participation of the Allies, In which Treaty the immediate Interefts even, of Great Britain are gi- ven up to France, and the Duke of An]ou is admitted to be King of Spain ^ an exprefs Stipulation being therein made with the Sieur Mefnapr, in the Name, and (as is therein alledg'd) purfuant to Powers from King Pbtltp as King of Spain. Whereby he the faid Robert, Earl o( Oxford and Earl Morti- mer, did not only aflume to himfelf Regal Power, in taking upon him to meet and treat with the Enemy without any Au- thority or Power from Her Majefty *, but did what in him lay to mbvert the ancient and eftablifh'd Conftitution of the Go- vernment of tbcfe Kingdoms, by introducing Illegal and Dangerous Methods of tranfa&ing the molt Imporcant Af- fairs of the State \ and by which private and feparate Treaty, be the faid Robert, Earl of Oxford and Earl Mo: timer, did what in him lay to diflblve and cancel the many folemn Trea- ties Her Majefty then ftood engag'd in to her good and an- cient Allies, and whereby Her Majefty, even before any thing was finally fettled for the safety and Advantat^e of her King- doms, was brought to this fatal Dilemma j Either to fubmit; to the Dictates of France in the Progrefs of the faid Negotia- tion ^ or, fo notorious a Breach of National Faith being di- vulg'd by the Enemy, from thence to lofeall future Confi- dence of her good Allies, ARTICLE HI. That the faid Robert Earl of O.vjW and Earl Mortimer , the better to difguife and carry on the aforefaid private, feparate, and dangerous Negotiation, did, together with o- ther evii-difpos'd Perfons, then in high Truft under Her Majefty, contrive and advife the preparing and forming a Set of Genera! Preliminaries, intitled, Preliminary Articles or. the Far: of France, to come to a General Peace \ and that the fi4>; the fame ftiould be fign'd by theSieur Mefnager only. And the fame being fo prepar'd and fignd by the faid Sieur Mefnager^ he the faid Robert^ Earl of Oxford and Earl Mortimer did, contrary to his Duty and Truft, impioufly advife Her Sacred Majefty, that the fame lhould be, ani accordinly they were leceiv'd by Her Majefty, and communicated to the Miniiters of the Allies then refiding in England, as the Ground of a General Negotiation of Peace, and as if the fame were the only Tranfactions that had been on this Subject between Great Britain and France. And to this End, the private Treaty, fign'd as aforefaid by the Earl of Dart mouth and Mr. St. Jobn.'Hm the Part of England, and by the faid Sieur Mefnager on the Part of France, was by the evil Advice and Contrivance of him the faid Robert, Earl of Oxford and Earl Mortimer, and others, wilfully and induftrioufly conceal d not only from all the Allies, but even from Her Majeity's Council and her Parliament. And he did further advife Her Majefty not' only to accept the faid General Preliminaries, but in her Name and by her Authority to communicate the fame to the States-General, as afufficient Foundation where- on to open the Conferences of Peace with France. And the more effectually to cover from the States General the per* nicious Steps which his evil Influence had engagd Her Maje- fty in with the common Enemy, certain Instructions, were prepar'd, and by his Cdunfel and Advice were fign'd by Her Majefty, and deliver'd to the Earl of Strafford, her Ajnbaf 1 fador to the States-General ', wherein the faid Earl of Straf- ford \s directed to reprefent to the Penfionary of Holland^ and to fuch others as mall be appointed to confer with him, That when Her xMajefiy had receiv'd in May laft, by his Excellency's Difpatches, an Account of the Senfe which thofe. among them, who were at that Time in the Secret, had of the Overtures made by France for fetting a General Negoti- ation of Peace again on foot, and of the Anfwer which it was defir'd might be return'd to the Propofuions fign'd by Mr de Torcjj Her Majefty did immediately acquaint theEne- my,that their Offers were thought by her and by the states General neither particular nor full enough : And therefore that Her Majefty didinfift, that they fhould form a diftinct Project of fuch a Peace as they were willing to conclude. "Whereas no fuch Inftances had been made to the Enemy on * Her Her Majefty's behalf; but on the contrary, notwithftanding Her Majefty had declar'd that the Proportions of Monfieur tie Torcy were thought by her and theSrate-General neither particular nor full enough, yet without any further Expli- cation from the Enemy, Her Majefty was prevail'd on, in manner aforefaid, to fend over Propofitions to Prance as ge- neral and infnaring, and in all refpedte as deftrudive to the Interefts of Great- Britain and her AMies, as the Propofitions of Monfieur de Torcy. And the faid General Preliminaries, communicated. to the States in manner aforefaid, were cal- culated only to amufe and deceive them into i General Ne- gotiation with France. And in the ParticularFabovefaid, as well as in the feveral others, the faid Inftrudions contain'd Matters either falfe or grofly prevaricating and evafive. By which molt wicked *Counfels of him the faid Robert , Earl of Oxford and Earl Mortimer^ that unqueftionable Truth and Sacrednefs which by the Laws of Nations ought to ac- company and conftitue the ]nftruc"tions of publick Ambaffa- dors to Princes in Frieninip and Confederacy againftjhe Common Enemy, was moft vilely proftituted to the molt dangerous Purpofes, to deceive and i!\iflead Her Majefty 's good Allies in matters of the greateft Importance to their own Interefts, and the Interefts of thefe Kingdoms; the Honour of Her Majefty's Sacred Perfon, and of the Impe- rial Crown of thefe Realms, which had been rais'd to the higheft Pitch of Glory abroad, and had been juftly held in Veneration with her good Allies, was fcandaloufly debas'd and betray'd * ? and the Royal Hand, by the wicked Arts of him the faid Robert^ Earl of Oxford and Earl Mortimer , was made the Inftrumentto advance the Intereft of the Com- mon Enemy. A R T I C L E IV. That whereas the Earl of Strafford^ pur fu ant to his faid Inftructions, had communicated the Preliminaries fign'd by Monfieur Mefnager only to the States-General, who being juftly alarm'd at the prefting Inftances made on the Part of Her Majefty, that Conferences fhould be open'd on Propofitions as general and uncertain as thofe fo lately ofTer'd by France, and fign'd by Monfieur de Torcy\ and their High MightineiTes having been unfuccefsful in their Remon- frrances to the Earl of Strafford and opening the Conferences upori ( 1.43 ) upon the faid Piropofitions, 'did fend over Monfieur Bmt their AmbafTador, to reprefent to Her Majefty, as well the Hazard of meeting the Minifters of' France befor the efTen- tial Articles were firft fettled by fpecial Preliminaries, or at leafl: explain'd by France, and made Specifick *, as like- wife the Advantages to the Enemy, who being but one Bo- dy, were influenrd by one Council, and directed by one % Power, whereas the Confederates confiited of feveral Powers, whofe Interefts are not only diftind, but in many Cafes con- trary to each other, whereby the French would have a fair Opportunity to divide the Allies, when it would be ira- poilible for them to break in upon France \ and further to reprefent, that the Propofitions themfelves were in fome Jnftances very prejudicial, particularly in the Articles of Commerce, Dunkirk, and the Union of the Crowns of France and Spain. Ail which Representations of the faid Monfieur Bays, by the evil Influence of him the faid Robert, Ear! of Oxford and Earl Mortimer, and others, were render d in- effectual ', but in order to prevail upon the States-Ge- neral to open the Conferences upon the faid General Preliminaries, by the Management and Contrivance of hiui the faid Robert, Earl of Oxford and Earl Mortimer , and o- thers, an Occafion was taken to declare to Monfieur Ruys 7 at a Committee of Council in Her Majefty's Name, her conftailt AfTedion and good Difpofition to their State, ar,d to the promoting their Intereir, and to treat with their High Mightineffes with a perfect Confidence and Harmony: Arid at the fame Time he the faid Rodert, Earl of Oxford and Earl Mortimer, did then falfiy and malicioufly declare, or was privy to advifipg and contenting, that it Ihould be, and fo it was declar'd, in Her Majeilty's, Name, that lie had made no Separate Treaty with franc*,, nor ever wouid make any before ihe had fully comply a with all Engage- ments to her Allies, and that each of them ihould have Op- portunity to make good their Pretenfions. By which falfe, tcandalous, and dilhoncurable Aflurances, he the faid Robert, Earl of Oxford and Earl Mortimer did not only highly Di'honour Her Majeily, by whofe Privity the faid Separate Treaty with France had been before that Time concluded and fignd \ but their High Mightineilei,, the good Friends and Ancient Allies of Her Majeily, were: grofiy abus/d and thereby indue'd to enter iiuo a Negotiation Willi (no \Vith Frame, fo dangerous in it felf, and fo fatal in its Con- fcquences. ARTICLE V. That Her Sacred Majefty Queen Anne having in due Form of Law, and under her Great Seal, conftituted the Right Reverend John LordBifhopof Bnfiol, and the Earl of Strafford, her Plenipotentiaries, with full Powers to meet, treat, and conclude with the Plenipotentiaries of the Con- federates, and thofe whom the French King (hall on his Part depute for that Purpofe, the Conditions of a good and general Peace, that (hall be fafe, honourable, and, as far as is poffible, agreeable to the reafonable Demands of all Parties \ he the faid Robert, Earl of Oxford and Earl Mortimer, not contenting bimfelf to abufe the Royal Authority, to the Delufion of the States General, the neareft Allies of the Queen, but intending the Univerfal Prejudice of his Imperial Majefty, and all the Allies of thefe Kingdoms, and thereby the more fuccefsfully to carry on the Meafures of France, wherein he was then engag'd, contriv'd and prepar'd In- ftruttions,or was privy to confenting and advifing the fame, for Her Majefty's faid Plenipotentiaries, which fhe was pre- vaird upon by the faid Robert , Earl of Oxford and Earl Mortimers evil Counfel to fign, and the fame were deliver'd to the faid Plenipotentiaries •, wherein among other Things they are Inftructed to the efTed following, viz.. If it (hall be thought proper to begin by the Difpofttion of the Spmijh Monarchy, you are to infift that the Security and reafonable Satisfaction which the Allies expect, and which bis mod Chriflian Majefty has promis'd, cannot be obtained, if Spain and the Weft-Indies be allotted to any Branch of the Houle of Bourbon : Whereas the faid Robert, Earl of Oxford and Earl Mortimer had at that Time privately and treacheroufly negotiated and agreed with the Minifters of France, That Spain and the Weft Indies fhould remain in a Branch of the Houfe of Bourbon, and had prevail'd on Her Sacred Maje- fty to be Party to the faid private Treaty, wherein the fame is neceflanly imply 'd. And the faid Plenipotentiaries are further inftructed, in cafe the Enemy fhould object", as the Imperial Minifters bad done, that the Second Article of the Seven fign'd by the Sieur Mefnager implies, that the Duke of Anjon (hall continue on the Throne of Spam; you are are to infift, that thofe Articles, as far as they extend, arc indeed binding to France, but that they lay neither us nor our Allies under any pofitive Obligation : Whereby the faid Robert^ Earl of Oxford and Earl Afortimer bafely en- ter'd into a Confederacy and Collufion even with the Mi- niftersof the Enemy, and prevailed on Her Majefty to give her Royal Confent thereto, the more efFedually to impofe on His Imperial Majefty and all the Allies, and to conceal the faid Secret Negotiations, and the Separate Treaty that had been agreed on between Great Britain and France, And the faid Robert, Earl of Oxford and Earl Mortimer, not on- ly in the Particulars before mention'd, but in many others contain'd in the faid In ft ructions, has brought a lafting Re- proach on the Crown of thefe Realms, and grofly violated the many Treaties wherein Her Sacred Majefty was then en- gaged to her Allies, to ad in perfect Concert with them throughout the Negotiations of Peace. ARTICLE VI. That the Conferences of Peace being open'd between the Plenipotentiaries of the Allies, and thofe of the Enemy, for the negotiating a General Peace upon the mutual and mod folemn Engagements amongft the Allies, not only to ad in perfed Confidence with each other, but to promote their Common Intereft, and to obtain from the Enemy all juft and reafonable Satisfadion ^ and a Specifick Explanation of the General Preliminaries having been given in by the Ene- my at Vtrecht, whereon the Allies delivered their refpedive Demands*, by the Artifices of France, and the fecret En- couragement" and Concurrence of the Minifters of Great- Britain, the Progrefs of the faid Publick Negotiation was delayed and kept in fufpence, under pretence of the Enemy's ■refuting to .give their Anlwer in Writing: During which Time, he the (aid Robert, Earl of Oxford and Earl Admit mer, again afluming to himfelf Regal Power, in Derogation of the Royal Authority, to treat of Peace with France, which was then delegated under the Great Seal cf Great Britain to Her Majeiry's Plenipotentiaries at Vtrecht, and for the promoting the Defignof the Enemy, to the apparent Deftrudion of the Common Caufe of Her Majefty and her Allies, contrary to the known Laws and Constitution of this Kingdom, in dired Violation of the feverai Alliances T Her d4«; Her Majefty then flood engaged in, and in Oppofnion to the many AtFurances given by Her Majefty to act in Con- cert with her Allies, and in Defiance of the exprefs Inftru- ctions given to her faid Plenipotentiaries •, was net only wanting in his Duty to Her Majefty, as far as in him lay to have put an End to, and prevented any further private and unlawful Negotiations with Franec, but did, with others h:s Accomplices, advife, concur, continue, and promote a private^ fepirate, and unjufiifiabLe Negotiation with France, directly from England to France, without any Communication there- of to the Allies \ and in fuch private Negotiations did con- cert with the Minifters of the Enemy, Terms of Peace highly Prejudicial to the Intereft of Her Majefty and her Kingdoms, and of all her Allies, and whereby the good Effects of the faid General Negotiations were entirely de- feated. ARTICLE VII. That Her Sacred Majefty Queen Anne having been pre- vailed on by the falfe Counfels of him the faid Robert, Earl of Oxford and Earl Mortimer to accept of a Treaty with France, on the Suppofition that Khz Spanish Monarchy fhould continue in the Pofleffion of a Branch of the Houfe of Bour- bon \ and it being acknowledged even by the French King in the General Preliminaries figned by Monfieur Mefnager, that the 'Excels of Power from the Re- union of the Crowns ,of France and Spain would be contrary to the good and ge- neral Repofe of Europe: He the faid Robert, Earl of Ox- ford and Earl Mortimer having nothing fo much in. View, as the aggrandizing the Common Enemy, yet always in* tending to cover the Iniquity of his Heart under fpeci- ous Pretences and falfe Appearances, did wickedly and treacheroufly advife and carry on a private and feparate Negotiation with France, on the Subject of a Renunciation of his Right to the Kingdom of France by the Duke of Anjou, and that fuch Renunciation fhould be the Security againft the Re-union of the Two Kingdoms. And by the Influence of his evil Counfels Her Majefty was prevailed on to accept and finally to conclude and ratify a Treaty oi Peace with France, wherein the laid Renunciation is taken as a fufficient Expedient to prevent the Mifchiefs that threat- ned all Europe, in cafe the Crowns of France and Spain ihould fhould be united upon the Head of one and thefamePer- fon*, a'tho' he the faid Robert, Earl of Oxford and Eaii Mortlmtr y well knew, that a Memorial had been, daring the faid Separate Negori f ;tion, tranfmitted by Mr. de lorry, Secretary of tate and Mimfter to the French King, to one of Her Majefty's Principal Secretaries of State, whereby it was declared, that the faid Renunciation would be null and invalid by the Fundamental laws of France, which Laws were looked upon as the Work of Him who had ^ft tbli all Monarchies, and which He only could abohih ; and that no Renunciation therefore could deftroy it: And if the King of Spain fhould renounce, they would deceive them* lelves tqat fhould receive it as a fufficient Expedient to prevent the Mifchiefs propofed to be avoided By which falie and treacherous Counfels, he the faid Robert, Earl of Ox- ford and Earl Mortimer, did not only betray the Interefts of the Common Caufe into the Hands of the moll: formidable Enemy, but wilfully and malicioafly abufed the Power and Influence which heria. obtained with Her Majefty, fo far as to engage Her .Sacred Ma/cfty, and :he Honour of the Jm- perialCrown of thefe Kingdoms, to become Party with France fn fo fatal a Deceit. ARTICLE VIII. That Her Late Majefty Queen Anne having on the Seventh Day of December, in the Year of our Lord 171 i, earneftly recommended it from the Throne, That Provifion might be made for an early Campaign, in order to carry on the War with Vigour, and as the bed way to render the Treaty of Peace effectual \ in order to which, vail Supplies were granted, and Magazines provided at a great Expence for an early Campaign^ and in purfuance thereof, Her Majefty having fent her Generals, Lumley and Cadogan, to give early AMurances to her Allies of her fincere Intenti- ons, and likewife exprefly inftruded her General, the Duke of Ormonde, not only to renew the fame AfTurances, and de- clare her Refolutions of pufhing on the W 7 ar with theutmoft Vigour, but to concert with the Generals of the Allies the proper Meafuresfor entring on Adion \ and the Confederate Army, which at that Time was the Fineft and vStrongeft that had been in the Service during the whole Courle of the War, and provided, with all NecefTaries to ad with Vigour, T Z having r h8; having march'd, according to the Refolution taken in Con- cert with Her Majeity's General, almuft up to the Enemy, with a great Superiority both as to the Number and Goocl- nefs of Troops, and animated with a noble Courage and Zeal to acquit themfelves bravely, fo that in all human Appearance, and with the Divine Affiftance, which had ap- peared fo vifibly for them on many other Occafions, they would have been able, either by Battel or Siege, to have gained great Advantages over the Enemy, to have bettered the Affairs of the Allies, and to have facilitated the Negotiati- ons of Peace : And the Miniiters of France having frequent- ly and earneftly reprefented to the faicj Robert, Earl of O*- ford -and Earl Mortimer, and other his Accomplices, during their iecret Negotiations, their juft Apprehenfions from the Bravery and good Difpofition of the Confederate Army •, he the laid Robert, Earl of Oxford and Earl Mortimer being truly informed of the fure Profped: which, by the Bleffing of. God, the Army of the Confederates then had, of gain- ing new Conqueits over the Army of France, and where- by they would have been enabled to have forced Terms of Peace, Safe, Honourable, and Lading j in order to dif- appoint thole Comfortable Expectations of the Allies, and to give Succefs to his fecret Negotiations with the Mini- rfiers of France, was privy to, confenting and advifing, to- gether with other falfe and evil Counfellors, and together with them did advife and confent, that an Order Ihould be Cent, in Her Majefty's Name, to the Duke of Ormonde in Flanders, to avoid engaging in any Siege, or hazarding a Battel, till further Orders*, alrho' nothing had then been fettled in the faid private Negotiations for the Intereft and Security of Great Britain *, and altho' Philip King of Spain at that Time had not confented to the Renunciation of his Right to the Crown of France. And not contenting' bi.nfelf with having obtained that fatal Step, fo highly ad- vantageous to the Caufe of France, but being wickedly determined to do all that in him lay to difTblve the whole Confederacy, he the faid Robert, Earl of Oxford and Earl Mortimer, with others, was privy to, and did conient and advife, that Orders Ihould befenttotbe Bifbop of Bri(fol, one of Her Majefty's Plenipotentiaries then at Vtrecht, to laise the firft (bfcmn Opportunity to declare to the Dmc* J^iniilers, ( 149) Minifters, that Her Majefty look'd on her felf from their Conduct to be then under no Obligation whatfoever to them : Which Two Declarations giving juft Alarm to all the Allies, they reprefented to the Bifhop of Briftol their general DifTatisfadion, and the unexprefiible Confternation they were all in *, that thefe Proceedings were the unavoida- ble Ruin of Europe: They urged Religion, Liberty, and the Faith of Treaties, to fhew the Enormity of this Ufage^ and the States exprefTed their Uneafmefs on no account fo much, as that they could not come to the knowledge of their own Lot. Which Reprefentation the Bifhop of Briftol did, at the Inftance of the Allies, fignify to one of Her Ma- jefty's Principal Secretaries of State •, but their High Mighti- ness finding that all Applications to the Miniftersof Great Britain, and in particular to the faid Robert, Earl of Oxford and Earl Mortimer, were of no Avail againft France, and for the Intereft of theCommon Caufe, thought it neceflary,in a manner the moft moving and refpe&ful, to addrefs dire&ly to Her Majefty by a Letter of the Fifth of June^ 1712} there- in expreffing their great Surprize and Affii&ion at the Two Declarations afore-mentioned j and finding it difficult to conceive how fuch Declarations, To prejudicial to the Com- mon Caufe, given fo fuddenly without their Knowledge, and undoubtedly too without^the Knowledge of the other Allies, could agree and confift with the Nature of an Alliance, and with thofe AITurances and Engagements Her Majefty had fo lately made, and not knowing how to re- concile it with the great Goodnefs and Kindnefs which Her Majefty had always honoured them with, and not being a- ble to concieve how fuch a fudden Change could happen with refpcd: to them, having carefully examined their own Conduct, and finding nothing therein that could have given Ground to Her Majefty's DifTatisfaftion : And having repre- fented the vifible and immediate fatal Coni'equences of the faid Two Orders, not only to the Common Jnterelt of Her Majefty and the States, but to the whole Confederacy, and to the Protectant Releligion*, they befeeched Her.Majeity, with all the Kefpe& v and all the Earneftnefs they were capable of, that Hie would not perfift in the Declarations made by the Bifhop ot Briftol, and would be pleafed to revoke the Or- ders given to the Duke of Ormqnde^ and would authorize him r i5°; him to aft according to Occurences, and as the Exigency of the War, and the Advancement of the Common Caufe fhould require. Notwithstanding which, he the faid Robert^ Earl of Oxford and Earl Mortimer, being acquainted with the faid Reprefentations of the States, was not only wanting in his Duty to Her Majefty, and to his Oath, and the great Truft repofed in him, in notadvifing, as he ought to have done, Her Sacred Majefty to have hearken'd to the faidfeve- ral Inftancesmade to her \ but perfifting inbisdefperate and deftru&ive Meafures, for the Advancement of the Entered of the common Enemy, did afterwards advife Her Majefty to difregard and rejed the fame, and did countenance, encou- rage, advife, and promote the faid Private, Separate, and Wicked Negotiations with Frante, without any Participation of the Allies, contrary to all Her Majefty's Engagements, and to the apparent Ruin of the Common Caufe. By which feveral wicked and perfidious Counfels, theProgrefs of the victorious Arms of the Confederates was flopped, and an Opportunity loft for conquering the Enemy, the moft Favou- rable, in the Opinion of all the General Officers and the Quarter Mafters of the Allies, who were fent out to view the French Camp •, and whereby all Hopes of Confidence be- tween Her Majefty and her Allies was entirely deftroyed, and the French King made abfolute Mafter of the Negotia- tions of Peace, anjd the Affairs of Europe given into his Hands. ARTICLE JX. That to impofe upon the Allies the fatal NecefBty of Sub- mitting to the Terms of France, and, in order thereto, to leave the whole Confederate Army ar the Mercy of the com- mon Enemy, he the faid Robert, Earl of Oxford and Earl Morttmer, was privy and consenting to a Secret and Separate Concert with the Miriifters of France, without the Know- ledge of the Allies, for the feparating the Troops in Her Majefty's Pay from the reft of the Confederate Army : For the eflfc&ing whereof, inftead of preventing as far as in him lay fo fatal a Step, 1 he was not only wanting to advife againft fo unwarrantable a Proceeding, but did confent to and ad* vife Her Majefty, that the Duke of Ormonde, and all the Troop* then in Her Majefty's Pay, or fuch of them as would obey his Orders, fhouii ieparate themielmCrom the Army (Mi ) of the Confederates : And having Notice that the Generals of the Auxiliaries, paid by Her Majefty, whofe Honour and Confidences would not permit them to abandon the Confede- rates, and leave them as a Sacrifice to France \ but for the Stake of the common Intcreftof £«^f,and according to the true End and Defign of their Conventions, did refufe to withdraw with the Duke of Ormonde, without particular Orders from their refpe&ive Matters*, he the faid Robert, Earl of Oxford and Earl Mortimer, being then Lord High Treafurer of Great Britain, and one of Her Maiefty's Moft Hon. Privy Council, in Violation of his Oath, and the Duty and Truft repofed in him, did take upon himfelf an arbitrary and illegal Power, to refufe and put a Stop to the Pay and Subfidies due on Account of the faid foreign Troops, althV they were intitled thereto by the Conventions entered into with Her Sacred Majefty, and by exprefe Provifion made by Aft of Parliament foP the Payment of the fame. By which fatal Separation, which, purfuant to his evil Couniels, was afterwards made, great Numbers of the Confederate Troops, who had before, on many Occafions, Mgnaliz'd themfelves in the Defence of theCaufeof Europe, foon afterwards, at the unfortunate Action of Denain ) fell as acriflces to the Fury and Revenge of trance \ the Sie^-e of Landrecy was raifed ; the important Towns and FortrefTes of Qnefnoy, Bouchain y and Douay, were retaken by the trench Army *, and not only the Fortune of the War, but the Fate of Europe, decided in Favour of France. ARTICLE X. That in further Execution of his pernicious Defigns, to compleat the Deftruftion of the Common Cauie of Europe, and to render it impracticable for Her Maefty to refume the War again ft France, in Conjunction with her Allies, or to re- cover the Union with,Her Majefty's old and faithful Allies, fo neceffary to the Prefervation of thefe Kingdoms } he the faid Robert, E. of Oxford and E, Mortimer, then Lord High Treafurer of Great Britain, did carry on and concert With the Miniftcrs of France, a Private and Separate Negotiation for a General Sufpenfion by Sea and Land, between Great Britain and France ^ and to that End, among others, did ad- vife Her Majefty to fend over Henry, Vi:'c. BoUngbroke, Cne of her Principal secretaries of State, to the Court of Fr:m e, with with Powers to fettle the faid Sufpenfion. In purfuance of which, a deftruftive Treaty of Sufpenfion was made in France on the Nineteenth of AuguftN. S. 1712, by the faid Henry, Vifcount Bol'wgbroke, oiuhepartof Her faid Maje- fty, for Four Months, without the Knowledge or any Parti- cipation of the Allies, and before any Terms of Peace were fettled with the Enemy, either for Great Britain or the Al- lies. By which evil Counfds, the cxprefs Terms of feveral of the aforemention'd Treaties were exprefly contravened and broken, the good Friends and ancient Allies of Her Ma- jefty and thefe Kingdoms, were totally depriv'd of the juft Affiftance to which they were thereby intitled, and were left expos'd to the Infults of the common Enemy ^ and the Sacred Ties of Union and Friend fhip between Her Majefty and her Allies being cutalunder, Her M a jelly's Per fon and Govern- ment, the Safety of her Kingdoms, and the Proteftant Sue- ceffion to the Crown of thefe Realms, were left expos'd to the Enterprizesof her mod formidable Enemy. ARTICLE XI That whereas the States General of the United Provinces were, in or about the Month of September or OEbober, in the Year of our Lord 171 2, in PofTeffion of the ftrong and im- portant Town and Fortrefs of Tournay : And whereas the French King had, during the Courle of the faid private, feparate, and traiterous Negotiation, between him the faid Robert, Earl of Oxford and Earl Mortimer , and others, and the Ministers of France , fignify'd his Confent to the Mini- fters of Great Britain, that the faid Town and Fortrefs of Tonmay ihould remain to the faid States General as Part of their Barrier : And whereas Her Majefty, in Her Instru- ctions of December the Twenty Third, 17 n, to her Pleni- potentiaries atVtrecht, had exprefly directed them to infift with the Plenipotentiaries of France, in the General Con- grefs, That towards forming a fufficient Barrier for the States-General, Tonrnav fhould remain to Their High Migh- tinefTes \ and did afterwards declare her felf conformably thereunto, in her Speech to both Houfes of Parliament, on the Sixth of June 17 12, in which ihe communicated to them the Terms whereon a Peace might be made. And whereas fcr feveral Years before, and till*the faid Months of Seprem* her and Oclober, in the Year of our Lord 171 1, there was open open War between heir late Majefty and the French King, and the (aid War continuing for all the faid Time, and after- wards, the faid French King and hiSvSubjeds were Enemies to Her Majefty: He the faid Robert, Earl of Oxford and Earl Mortimer, then Lord High Treasurer of Great Britain, and avSubje&of Her Majefty's, not confidering the Duty of his Allegiance, but having altogether withdrawn the cordial Love, and true and due Obedience, which every true and faithful Subject owed to Her faid Majefty, and defining to give Aid and Succour, arid to adhere to the faid French King, did, in or about the Months of September or Otlober, 17 12„ during the faid War, falfly, malicioufly, wickedly, and traiterouflyaid, help, and afiift, and adhere to the French King, than an Enemy to her late Majefty : and in execution and performance of bis faid aiding, aflifting, and adhering, malicioufly, falfly, and traiteroufly did counfel and advife the faid Enemy, in what manner and by what methods th'- faid important Town andFortrefs of lowrnay, than in pof- fefiion of the States-General, might be gain'd from tncoi to the French King, contrary to the Duty of his Allegiance, and the Laws and Statutes of this Realm. ARTICLE XII. That whereas her late Majefty Queen Anne, not only in purfuanceof the Treaties (be ftood engaged in to her good Allies, and in particular to his Imperial Ma'.efty, for the Recovery of the Monarchy of Spain to the Houfe of An- ftria, thereby to preferve a due Ballance of Power in Eu- rope, but alio from her juft Refentment againft the Duke of Anjou, who then (tiled himfelf King of Spain, and who, in defiance of her Majefty's Title to the Crown, had acknow- ledge the Pretender as King of Great Britain : and on thefe juft Foundations her Majefty had, in vindication df the Honour of the Crown, and in juftice to her People, at a vaft Expence of Blood and Treafure, and on the earneft and repeated Advices of her Parliament, profecuted a vigo- rous War againft the faid D. of Anjou. And whereas, in the Years of our Lord 1710, 1711, 1712. the faid open, bloody, and expenfive War was carried on between her faid late Mai. Queen Anne, and the faid Duke of Anjou, and during all the time aforefaid the faich War did continue, and for all that time the faid Duke of Anjou, and the Subjects of Sp.m 1 < U adhering (M4) adhering to him, were Enemies of her late Majefty :He the (aid Robert Earl of Oxford and Earl Mortimer ± then Lord High Treafurer of Great Britain, and one of her Majefty's Privy Council, and a Sub eft of her laid Maiefty, not con- fidering the Duty of his Allegiance, but having withdrawn his true Obedience from her faid late Majefty, did at fe- veral times, in the faid Years of our Lord, 1710, 1711, and 1712, fa illy, malicioufly, wickedly, and traiteroufly, aid> help, aft] ft, and adhere to the faid "Duke of Anjou, then an Enemy to her (aid late Majefty \ and in the execution and performance of his fail aiding, helping, afl]- fting and adhering, and in Confederacy and Combination with the then Enemies of her late Majefty, and with divers other wicked and evtydifpofcd Perfons, did at feverai times, in the Years aforefaid, advife and counfel the Enemies of her late Majefty'-, and in fuch counfelling and advifing, did concert with them, and did promote the yielding and giving up (Spain and the Weft-Jndies, or fome part thereof, to the faid Duke of An\oH, then in enmity with her Maje- fty, againft the Duty of his Allegiance, and the Laws and Statues of this Realm. ARTICLE XIII. That whereas the Riches, Power, and Strength of thefe Kingdoms depend entirely on the flourifhing Condition of Trade and Navigation, and Her Late Majefty Queen Anne having due regard thereto, as well as to the juft Expectati- ons of her People, after the vaft Expences they had fo chearfully undergone in fupport of the War, did, on the firft opening the Conferences for a general Peace, declare from the Throne to Both Houfes of Parliament, on the Seventh of December, 171 1, That ftie would endeavour that after a War, which had coft fo much Blood and Treafure, the Nation might find their Intereft in Trade and Commerce irnprov'd and enlarg'd by a Peare : And on the Sixth of June 1712, when fhe waspleafed to communicate the Terms on which a General Peace might be made, did declare, that no- thing had moved Her Majefty from fteadily purfuing the true Intereft of her own Kingdoms, and that the Terms of Peace obtain'd for her own bubjecrs were Tuch, as ftie had Reafon to expect would make her People fome Amends for the great and unequal Burden which they had lain under thro' the whole Courfe of the War, and hoped that / Dont (*55 ) none of the Confederates would envy her Share iirthe Glory and Advantage^ and afterwards declared to Both Houfes of Parliament her Satisfaction in rhe near View fhe had of Peace, fince it would in fome meafure recompcnle her Sub/eft for their vaft Expence : And after the Conclufion of the Treaty of Peace and Commerce with Fmnce, did declare from the Throne on the Ninth of April 171 3, That the many Ad- vantages /lie had obtain'd for her Sub/efts, had occafion'd much Oppofition and long Delays to the Peace, •, but it afforded her great Satisfa&ion, that her People will have it in their Power, by Degrees, to repair what they had fuffered during fo long and burdenfom a War. Whereon Both Houfes of Parliament did from Time to Time exprefs their grateful Acknowledgments to Her Majefty, for her great Care and Concern for the Welfare of her People. And whereas at the fetting on foot,* and in the Progrefs of the faid private, feparate, and pernicious 'Negotiations between the Mini/ten of Great Britain and France, it was laid down as a Principle, on the Part of Great Britain, never to be de- parted from, That France ftiould confent to adjuft the In- terefts of Great Britain in the firft Place, that the Minifters. of Great Britain might thereby be enabled to engage the Queen to make the Conclufion of the General Peace eafy to France \ and on this plaafiblc Pretence it was infifted on by the Minifters of Great Britain, to remit the Difcufiion of the particular Interefts of the Allies to General Confe- rences •, and throughout the whole Courfe of the faid fepa- rate Negotiation, all imaginable Conceflions were not only made by the Minifters of Great Britain for the real Ad- vantage of the interefts of France againft the Allies, but all Meafures were entred into and concerted between them, that even the Minifters of France could di&ate, in order to ftrengthen their Hands, and to enable them ro impofe the Terms of a General Peaces He tbe-iaid Robert, Earl of Oxford and Earl Mortimer, having nothing in View, thro 1 the whole Courfe of the faid Negotiation, wherein he was. wickedly and principally engag'd in concert with France* but the final Deftru&ion of his Country, and to that end the facrificing the Commerce of Great Britain to the Ag- grandifement of Franc e\ was not only wanting in his Duty to Her Ma;efty , in not infilling on in all Events, and not U 2 procuring procuring, in the firft Place, the raoft certain ant} drift Se- curities imaginable, for the Safety and Advantage of the Commerce of thefe Kingdoms } but did advife Her Late Ma/'efty, that in the Proportions fent, by his. Privity and Advice, by Mr. Prior to France, and alfo in the faid Pri- vate and Saparate Treaty, fign'd on the faid Seven and Twentieth of September 171 1, wherein the Preliminary De- mands for Great Britain more particularly were intended to be adjufted with France, the Demands for Great Britain r ■ in Point of, Commerce, fhould not only be made in loofe, general, and inefficient Terms, but that the Liberty of i idl- ing, and Drying of Fi'fh on Newfoundland, Jhould be ex- prefly given up to France, tho' the Reftitution of that fmall Part pf the Jfland, which France had taken during the War, * was therein referr'd to be difcufs'd to General Conferences. And having by bis wicked Artifices engag'd Her Majefty in the faid Private Treaty with France^ without any Secu- rity for the Commerce of Great Britain, he did artfully and cunningly contrive with the Minifters of France, to. keep in fufpenfe all Matters that concern d the Commerce;- of Great Britain, until, by means of his wicked and pe. ni- cious Counfels aforemention'd, France was become Matter of the Negotiations, and the chief Advantages for the Com- merce of Gre.it Britain by that means remaining unfettied : And the Minifters of France afterwards difputing the moft dTential Articles which bad been in agitation, and in parti- cular that, fundamental Principle of treating and being trea- ted as Gens Amia\fima, and endeavouring to elude what had been agreed on in the faid private and feparate Nego- tiation, for the fuppofed Advantage of Great * Britain \ hq ihe faid Robert, Eari of Oxford, and Earl Mortimer, under pretence of removing a Difficulty then depending, by an Expedient advantageous to Great Britain, did treacheroufiy advife the Ninth Article of the Treaty cf-Commerce with Trance, a Bill for the rendering whereof effectual, was af- terwards rejected by the Houle of Commons, as highly pre- judicial and ceftru&ive to the Commerce of thefe King- doms: But yet for the fake of pairing that deftruc'tive Ar- ticle for Great Britain, as if the fame had been advantageous, he the faid Robert, Earl of Oxford and Earl Mortimer, in ckfanceof %he cxprefs Provificn cf an Ad of Parliament, 'as as well as in contempt of the frequent and earneft Repre- sentations of the Merchants of Great Britain, and of the Commiflioners for Trade and Plantations, did advife Her Majefty finally to agree with France, That the Subjects of France ihou Id have Liberty of Fifhing and Drying Fifh on Newfoundland \ and did alfo advife Her. Majeiiy to make a Ceffion to France of the J fie of Cape Breton, with liberty to fortify the fame, altho' the Ifle of Cape Breton was Part of the ancient Teritories of the Crown of Gteat Britain \ and Her Majefty had declared from the Throne, that France had consented to make an abfolute Cefijon of Nova Scotia or Acadia, whereof Cape Breton is Part, to Her Majefty. And the faid Robert JLixXoi Oxford and Earl Mortimer \ intending in all Events to fecure to France the Advantages relating to the Fifhery of Newfoundland and to Cape Breton^ did, in Conjundion with the Minifters of France, advife Her Ma- jefty to confent, that the fame fhould be made an Article in the Treaty of Peace between Great Britain and France : Whereas the only Advantages in Trade, pretended to be ftipulated for Great Britain, being inferted in the Treaty of Commerce, were to depend en certain Conditions, to be made good by Ad of Parliament *, and purfuant to, and by i the Influence of the faid evil Counfelof him the laid Robert, Earl of Oxford and Earl Mortimer r Her Sacred Majefty was advis'd to ratify the faid Article in the faid Treaty of Peace, and the faid Treaty of Commerce. By means of which pernicious Counfels, the good Intenrions of Her Sacred Majefty, to have obtaind fur her People advantageous, Terms of Commerce, were entirely fruftrated, the Trade and Manufactures of Great Britain, as far as in him lay, render'd Precarious, and at the Mercy of the Enemy, and that beneficial Branch of Trade, always efteem'd the great; Support of the Naval Power, and the chief Nurfery oi the Seamen oi Great Britain, yielded up to the Subjects .of France : and the only Pretence for the avow'd and notorious Violati- on of Treaties, and the carrying on the Meafures of trance* viz.. theadjufting firft the Inrereftsof Greaj Britain^ thro' the whole Courfe of the faid Private and Separate Negotia- tions, terminated at la ft in the Sacrifice of the Commerce ojF Great Britain to France, without the leaft Shadow of Advan- tage in Trade procur'd for thefe Kingdoms. * ' ' ARTICLE ARTICLE XIV. That he the fail Robert, Earl of Oxford and Earl Mor* timer did, in concert with other evil and falie Counfellors, even without any Application from his Royal Highnefs the Duke of Samy, and alW the French King had in the Courfe of the faid !-rivate>and Separate Negotiations, confented that the Kingdom of Sicily Ihould remain to the Houfe of u4uftit, from a Project and Defign to di pofj of the King- dom of SicJy to the Duke of Savoy from the Houfe of Au- ftria: And to effect that his unjuft, di 'honourable, and per- nicious Project, he did advife Her Majefty to give Inftru- dfcions, among other Things, to Henry Vifcount Bollngbroh, then appointed her AmbafTador to France, to demand in Her Majefty's Name, of the French King, the Kingdom of Scicily for his faid Royal Highnefs. And a Treaty of Peace be- in? afterwards made between the French King, his Royal Highnefs, and the Duke of Anjou, wherein aCeftion is made to his Royal Highnefs of the Kingdom of Sicily, without any Concurrence or Participation of his Imperial Majefty ', he the laid Robert, Earl of Oxford and Earl Mortimer did bafely and fcandaloufly advife Her Sacred Majefty to con- fent to the fame, by an Article inferted in the Treaty of Peace between Her xMajefty and the French King, And afrerwards, by his Privity and Advice, Her Majefty was prevail'd on to aftift his Royal Highnefs againft the Em- peror then in Alliance witn Her Majefty, with a Part of bar Royal Fleet at her own Expence, in order to put him in Pofte'ffion of the faid Kingdom of Sicily. Whereby the greateft Injuftice was done to His Imperial Majefty, in di- rect Violation of the Grand Alliance, and contrary to Her Majefty's frequent Declarations from the Throne, and her plain and full Inftructions to her Plenipotentiaries at Vtrccbt, for obtaining his juft and reafonable Satisfaction \ and whereby National Faith, and the Honour of the Crown, was vilely betray 'd, and the Naval Power of thefe Kingdoms, and the Supplies granted by Parliament tor reducing the Common Enemy, were perfidioufly em- ployed againft the Great and Faithful Ally of this King- dom. - ARTICLE cm) ARTICLE XV. That whereas the Dignity and Support of the Imperial Crown of thefe Realms has in all Ages greatly depended on the Wifdom and Truth of the Communications made from the Throne, efpecially in Parliament, as the fure and only means whereby the Kings and Queens of this Realm can re- ceive the fincere and faithful Advice of their People in mat- ters of the higher! Importance, and which by the Funda- mental Laws and Confiitution of this Government ought to be inviolably obferv'd as the .Sacred Band of the Duty and AfTeclion of Subjects to their Sovereign. And whereas by the moil antient known Laws of this Kingdom, it is indif- penfably incumbent on the Great Officers of State that fur- round the^Throne, to maintain as far as in them lies the Sa- crednefsof the Royal Word on all occasions -, it being moil apparent, that the greateft Diihonour to the Throne, and the greateft Danger to thefe Kingdoms, mult inevitably en- fue, whenever that Fountain of Truth by wicked Counfels (ball be in any degree corrupted, and thereby lofe its juft Influence and necefTary Authority. And whereas the Pow- er ot making Peace and War, one of the antient, undoub- ted, and mofl important Prerogatives of the Crown, has been always exercis'd by the Sovereigns of thefe Realms, with theftrideft Regard to theHonour of theCrown and the Welfare of the People, and for that end they have in great Wifdom in a|l Ages taken the Advice of Parliament on fuch weighty Occafions. And whereas her late Majefty Queen Jlnne declar'd from the Throne her gracious Intentions u: communicate the Terms of Peace to her Parliament for their deliberate and ferious Advice therein, wifely forefeeing that the Safety of her Perfon and Government, of the Pyotcfrant Succeftion to the Crown- which (he had neareft her Heart, ajid of the Protectant Religion, and of the Liberties of £*« rope, did inevitably depend on the happy Conclufion of the faid Negotiations*. He the faid Rcbtrt Earl of Oxford and Earl Mortimer, then Lord High Treafurer of Great Bri- tain, having taken on himfdf throughout the faid Nego- tiations a moll Arbitrary and Unwarrantable Anthority, and the chief Direction and Influence in her Majeiiys Councils \ and mod wickedly defigning to proftitute the Honour of the Crown, and the Dignity of Parliaments, and not only to- tally (ii5o) tally to deprive her Majefty of the whoifome and neceflary Advice of her Parliament info great a Conjuncture', but by mifreprefenting the moft efTential Parts of the Negotiations of Peace, to obtain the Sanction of Parliament to his traite- rous Proceedings, and thereby fatally to deceive her Maje- fty, her Allies, her Parliament, and her People •, he the faid Robert Earl of Oxford and Earl Mortimer, was not only wanting in the Difcharge of that Duty to his Sovereign which became his high Station, by not advifwg againft, and as far as in him lay in all Events, by not preventiug evena- ny Intimation from the Throne to the Parliament, which was not conformable to the exa&eft Truth and Impartiality \ hut taking advantage of his ready Accefs to her Majefty, and his exorbitant Influence in her Councils, did prepare, form, and concert, together with other falfe and evil Qoun- fellors, feveral Speeches and Declarations to be made by her Majefty from the Throne to her Parliament, on the Subject of the faid Negotiations of Peace, and did advife her Maje- fty to make the fame to her Parliament. And particularly, by means of his falfe and evil Counfels, her Majefty vdid, a- mongft other things, on the feventh of December , 171 1, de- clare from theThronein thefe Words, or to the effecl: follow- ing : Tloat notwithstanding the Arts of thofe who delight in War, both Place and Time are appointed for opening the Treaty of a General Peace. Oar Allies ,efpecially the StatesGeneral,whofe Interest I lock upon as infeparable from my own, have by their ready Concurrence exprefs'd their Confidence in me. Whereas it was then notorious to all Europe, and the faid Robert Earl of Oxford and Earl Mortimer, and others his Accomplices, well, knew that the principal Allies of her Majefty, and particularly the States General, then had in the ftrongeft and moft preffing manner reprefented not only to her Majefty's Mniiters in Holland, but afterwards by a Minifter of their own directly to her Majefty, the Infecurity and Danger to the Common Caufe, by entring into General Negotiations with France on the Propofitions fign'd by Mbnfienr Mefna- ger, and alfo their firm Opinion of the fatal Confequences that might enfue thereon: and altho' theyhad ftill great Apprehenfions concerning the Method of opening the Con- ferences, and the Confequentes that might happen there- upon till) upon •, yet being wrought on by the Menaces and other ex- traordinary Methods us d with them by Her Majerty's Mini- sters, and relying on the folemn AfTurancesand Declarations of Her Majeity to fupport the Intercft and Concern of their State, and to aft in perfect Confidence and Harmony with themj they did at lalt, with the greatest Reluctance, con- fent to enter upon a General Negotiation of Peace with France. And in the fame Speech Her Majeity was prevail'd upon by the evi! Counfels of hinruthe faid Robert, Earl of Oxford and Earl Mortimer ; ana others, to declare in the Words, or to the Effect following : That the Prin- ces and States which have been engaged with m in this War, being by Treaties entitled to have their fever al Ime- rests fecur d at a Peace \ I will not only do my utmost to procure every one of them all reasonable Satisfaction, but I (hall alfo unite with them in the Brifteji Engagements for continuing the Alliance, in order to render the General Peace fecur e and la- fting. And in her Meffage of the Seventeenth of January fol- lowing, Her Majefty again expreiTes the Care (lie inten. ed to takeot all her Allies, and the ftrict Union in which (he pro- posed to join with them. Whereas by the evil Influence of him the faid Robert, Earl of Oxford and Earl Mortimer, Her Majefty was not only induced to enter into a Private Ne- gotiation with France, exclufive of her Allies \ but the fame was irvlike manner carry'd on by him the faid Robert, Earl of Oxford and Earl Mortimer, and others. And the feveral In- terefts which the Allies were intitled to by their Treaties, were not only not fecured to them by the Peace, nor any rea- fonable Satisfaction given to them ; but the Main Intereits of her principal Allies, efpecially of His Imperial Majefty, were, by the wicked Practices of him the faid Robert, Eail of Oxford and Earl Mortimer, and others, given up to Frafce \ and no Engagements were obtained for continuing the Alliance, in order to render the General Peace fecure and lafting. And Her Majefty having on many former Occafions expreffed her Refolutions never to make Peace with Frame and Spain, fo long as Spain and the Weft- Indies remained in the Houfe of Bourbon ; (lie was prevail'd upon by the Advice of him the faid Robert, Earl of Oxford and E. Mortimer, and others, to declare her felf, in Anfwer to an Addrefsof the Houfe of Peers, the Eleventh .of December, 171 1, to the Efftct following: viz. / (iioidd beforry an\ one could think I X VOHld (i6 2 ) voonldnot do my utmofl to recover Spain and the Indies from the Bonfe of Bourbon. Whereas it is mofl manifeft, that the lea- ving the Kingdom of Spain and the Indies in the Houfe of Bourbon was the Foundation of the Private and Separate Treaty between Great Britain and France, which had been before that Time finned even with Her Majefty's Confent •, and the fame fundamental Refolution was immutably obferved between them, to the Condufion of the Peace. And Her Majefty having frequently declared from the Throne, that her Refolutions in entriffg'intothe faid Negotiations were to obtain a General, Good, and Lading Peace ^ and the Pleni- potentiaries at Vtrecht being inftru&ed to treat with France conformably to that End,* he the hid Robert, Earl of Oxford and Earl Mortimer, in order to remove thejuit Sufpicions which had been conceived of his Private and Separate Nego- tiations with France, did advife Her Majefty to make this further Declaration in her faid MefTage, the Seventeenth of January, That the World will now fee how groundlefs thofe Re- ports are, which have been [pre ad abroad by Aden of Evil Inten- tions, toferve the worft Defigns\ at if a Separate Peace had been treated, for which there has not been the leaft Colour given : Whereas a Private and Separate Negotiation had been carried on for Five Months together between Great Britain and France -, and during that Time Private Propofitions had been fent from England, and a Private Treaty with a Minifter of France figned, even by H^r Majefty's Privity, exclufive of all the Allies, before the fai<$ Declaration made by Her Maje- fty. And Private and Separate Meafures were thenceforth car- ried on by the faid Rob. E. o(Oxd and E. M mer, and his Ac- complices, on Behalf of Her Maj. with the Miniitexs of Fran, even to the Conclufion of the Peace with Frame. Her Maj. was further prevail'donby the wicked Advice of him the faid Rob* E.of Oxf-d and E. Momer, in her Speech of June 6, 17*2, to declare, That to prevent the Union of the Two Crowns, fhe would not be content with what was fpeculative, but in- fifted upon fomething folid : And in the fame Speech to the Effect following, viz., The Nature of the Propojal for a Re- nunciation it fitch, that it executes itfelf, and France and Spain are thereby more eff'eclually divided than ever : Whereas the Minftters of France had before that Time alTurea the Mini- nifters of Her Majefty, That to accept of the Expedient propofed on Her Majefty's Behalf, would be to build on a Sandy Sandy Foundation -, and that the Renunciation would be null and void by the Fundamental Laws of France ^ and that they would deceive themfelves, who accepted it as an Ex- pedient to prevent the Union of the Two Crowns. And not only in the Particulars before-mentioned, but in many o- thers contained in thefaid feveral Speeches andMeffages made and fent to her Parliament, even while the faid Negotia- tions of Peace with France were depending, the moft effen- tial Points relating to Peace and Commerce, and which concerned the lntereft as well of the Allies as of Great Britain, were grofly mifreprefented. By all which wicked, treacherous, and unexampled evil Councils,. he thefaid Ro- bert y Earl of Oxford and Earl Mortimer did moft bafely, ungratefully, &nd fcandaloufly abufe the Favour of his Royal Miftrefs, and by means of her Authority did miflead her Parliament into groundlefs and fatal Refolutions; and thereby not only prevented the juft Advice of the Parlia- ment to Her Majefty in that critical Jundure, but obtained the Approbation of Parliament to his myiferious and dan- gerous Practices •, and did not only deprive Her Majefty of the Confidence and Affection of her Allies, but expofed Her Majefty and her People to the Contempt of the Com- mon Enemy. ARTICLE XVI. That whereas the faid Robert, Earl of Oxford and Earl Mortimer having on all Occalion6 ufed his utmoft Endea- vours to fubvert the ancient eftablilhed Conftitution of Par- liaments, the great and only Security of the Prerogative of the Crown, and of the Rights, Liberties, and Properties of the People, and being moft wickedly Determined atone fatal Blow, as far as in him lay, to deftroy the Freedom and Independency of the Houfc of Lords, the great Orna- ment and neareit Support of the Imperial Crown of thefe Realms, and falfly intending to difguife his mifchievous Pur- pofes under a pretended Zeal for the Prerogative of the Crown *, he the faid Robert, Earl of Oxford and Earl Mor- timer y on or about the Months of December or January, 1711, whilft the Houfe of Lords, v£ere\under an Adjourn- ment, and had Reafon to exped that on their next Meeting Matters of the higheft Importance would be communicatei to them from the Throne, they having fome few Days be- X z fore fore given their humble Opinion and Advice to Her Ma- jefty, That no Peace could be Safe or Honourable to Great Britain or Europe^ if Spain and the Weft- Indies were to be allotted to any Branch of the Houfe of Bourbon \ being then Lord High Treafurer of Great Britain^ and one of Her Majefly's Privy Council, and afluming to himfelf an arbi- trary Diredion and Controul in Her Majefly's Councils* contrary to his Duty and his Oath, and in Violation of the great Trull reppfed in him, and with an immediate Purpofe to render ineffectual the many earneff Reprefen- tations of Her Majefly's Allies again!! the laid Negotiations of Peace, as well as to prevent the good Effects of the faid Advice of the Houfe of Lords*, and in order to obtain fuch further Refolutions of that Houfe of Parliament on the im- portant Sub/ed of the Negotiations of Peace, as might fliel- ter and promote his fecret and unwarantable Proceedings, together with other falie and evii Counfellors, did advife Her Majefly to make and create Twelve Peers of this Realm, and Lords of Parliament *, and purfuant to his de- structive CounfeJs, Letters Patents did forthwith pafs, and Writs iifued, whereby Twelve Peers were made and cre- ated : And did likewife advife Her Majefly immediately to call and fummon them to Parliament *, which being done accordingly, they took their Seats in the Houfe of Lords on or about the Second of January, 1711, to which Day the Houfe then flood adjourned. Whereby the laid Robert^ Earl of Oxford and Earl Mortimer did moil highly abufe the Influence he then had with Her Majefly, and prevailed on her to exercife, in the moft unprecedented and dangerous Manner, that valuable and undoubted Prerogative, which the Wifdom of the Laws and Conftitution of this Kingdom hath entrufled with the Crown for the rewarding fig- nai Virtue and diftingu-Tied Merit. By which defperate Advice he did not only, as far as in him lay, deprive Her Majefly of the Countenance of thofe feafonable and whole- fom Counfels in that critical Juncture, but wickedly per- verted the true and only End of that great and ufeful Pre- rogative, to the Dishonour of the Crown, and the irre- parable Mifchief to the Confutation of Parliaments. , All which Crimes and Mifdemeanors, committed and done by km the laid Earl againft our late Sovereign Lady the Queen, Mi) Queen, her Crown and Dignity, the Peace and Intereftof this Kingdom, and in Breach of the feveral Trufts repofed in him the faid Earl, and he the (aid Earl of Oxford and Earl Mortimer was Lord' High Treafurer of Great Britain, and one of Her Ma/'efty's Privy Council during the Time that alJ and every the Crimes before fet forth were done and committed. For which Matters and Things, the Knights, Citizens, and BurgefTes of the Houfe of Com- mons in Parliament affembled, do, in the Name of them- felves, and of all the Commons of Great Britain, impeach the faid Robert, Earl of Oxford and Earl Mortimer of High Treafon, and other High Crimes and Mifdemeanors in the faid Articles contained. And the faid Commons by Prote- ction faving to themfelves the Liberty of Exhibiting, at any Time hereafter, any other Accufations or Impeachments againft the faid Earl, and alfo of replying to the Anfwers which the faid Robert* Earl of Oxford and Earl Mortimer fliall make to the Premifes, or any of them, or to any Im- peachment or Accufation that (hall be by them exhibited, according to the Courfe and Proceedings of Parliament, do pray that the faid Robert, Earl of Oxford and Earl Mor- timer be put to anfwer all and every the Premifes } and that fuch Proceedings, Examinations, Tryals and Judgments may be upon them, and every of them had and uied, as fhall be agreeable to Law and Jultice. And they do fur- ther pray and demand, That the faid Robert, Earl of Ox- ford and Earl Mortimer may be feque;ired from Parliament, and forthwith committed to fare Cuftody. AS SOON as the Lord Comngsby, and the Commoners that accompanied him, were withdrawn, a Tory Lord moved, that the Confederation of the Articles of Impeach- ment be adjourn'd to the Monday following, and was back'd by feveral Peers of the fame Side *, particularly by the Bilhop of Rochefler, who urged, ' That this Accufation * was of fo extraordinary a Nature, and Co very impor- * tant, both in it felf and its Confequences, that the Houfe * ought to proceed on it with the utmoft Caution' and * Deliberation. 3 ' But he was fmartly anfwer'd, by a Scotch Duke of bright Parts, who, among other Things, faid, c Jt was well known, the Prelate who fpoke lalt, had, of 1 late, itudy'd more Politicks than Divinity? and was I thoroughly (i66) c thoroughly acquainted with the Subject Mat- 1 ter of the Articles, that lay before them •, t And therefore his Grace did not doubt, but * his Lord (hip was now as ready to fpeak to ' them, as he could ever be, if he had more c Time to confider of them." After a Debate of about an Hour and a Half, the Queftion for Adjourning was put, and carried in the Nega- tive^ by a Majority of 86 Voices againft 54 ', And thereupon the Articles of Impeachment were read, which took up till about Eight in the Evening. Then a Motion was made, (by the fame Side that was for adjourning) That the Judges be confulted •, that the Houfe might be fatisfied, whether the Charge cuntain'd in the faid Articles amounted to Treafon t The Lords Trevor, and Harcomt, the Dukes of Shrewsbury and Leeds, the Earl of P oulet, the Ld. North and Grey, the Bifhop of Rochefier, and fome other Peers of that Side, were for the Affirmative ;• But the Lord Cowper, Lord Chan- cellor \ the Dukes of Argyle and Montrofs, the Earls of Nottingham, Sunderland, Dorfet, and Jjla ', the Lord Vifcount Townjhend, and fome other Lords of the Conn-Party, fpoke for the Negative. The Lord Trevor having gone fo far as to declare his Opinion, That none of the Articles amounted to High-Treafon -, he was an- fwer'd by the Lord Cowper, who fhew'd the Contrary •, and challenged all the Lawyers in England to difprove his Arguments. Neverthe- lefs, the Tory Lords (till infifting on the Con- futing of the Judges, the Earl of Nottingham, reprcfented to them, c That initead of favouring, ' thereby, the Noble Perfon who had the ' Misfortune to be impeach'd, as, undoubtedly, c they meant it, they might, on the Contrary, * do him a great Prejudice ; For if upon Con- * faking the Judges, they declared the Charge * to amount to Treafon, the faid Lord would * ftand prejudged, before he was brought to his 4 TryaJ, (i6 7 ) * Trya!.' AfterVome other Speeches, the Que- ftion was put upon the Motion be foremen t ion 'd, and carried in the Negative by 84 Voices agajnft 52. And then it was moved by the Court Party, That the Earl of Oxford be committed to fafe Cuftody : Which occafion'd a frefli Debate. Se- veral Members of Both Sides, having declared their Opinion upon that Motion, the E of Oxford thought it high Time for him to fpeakfor him- felf, which he did to this Effect : 4 My Lord, ( The E. of OX* i TT is a very great Misfortune for any Man ford'* Speech 1 ' to falJ under the Difpleafure of fo great in the Lords and fo powerful a Body as the Commons of#oufe> July Great Britain : And this Misfortune is the hea : 9**« vicr upon me, becaufe I had the Honour to be placed at the Head of the Late Miniftry, and muft now, it feems, be made accountable for all the Meafures that were then purfued. But, on the other hand, 'tis a very great Comfort tome under this Misfortune, that I have the Honour to be a Member of this auguft AfTembly : An AfTembly which alwavs (quares their Proceed- ings and Judgments by the Rules of Honour, Juitice, and Equity ^and is not to be byafs'd by a Spirit of Party. ' My Lord, 1 I could fay a great deal to clear my felf of I the Charge which is brought againft me: But as I I now labour under an Indifpofition of Body, 1 befiies the Fatigue of this long Sitting, 1 JLall 1 contract what 1 have to fay within a very Nar- c row Compafs. This whole Accufation may, it c feems, be reduced to the Negotiation and Con- c clufion of the Peace : That the Nation wanted c a Peace, no Body will deny \ and, 1 hope, it * will be as eafily made out, that the Conditions c of this Peace areas good as could be expeded, ' confidering the Circumftances wherein it was * made, and the Backwardnefs and Reludar cy * which fome of the Allies fhew'd to come into the ' 'the Queen's Meafu res. This is certain, that 4 this Peace, as bad as it is now reprefented, was c approved by Two fucceflive Parliaments. It is, * indeed, fuggefted againft this Peace, that it was * a Separate One : But I hope, My Lord, it will 1 be made appear, that it was General \ and that * 'twas France, and not Great Britain^ that c made the firft fteps towards a Negotiation. * And, My Lord, I will heboid to fay, that du- * ring my whole Adminiltration, the Sovereign 4 upon the Throne was loved at Home, and feared c Abroad. c As to the Bufinefsof Toumay^ which is made 4 a Capital Charge, I can fafely aver, that J had c no manner of bhare in it} and that the fame 4 was whollytranfa&edby that unfortunate No- * bleman who thought fit to ftep afide : But I dare 4 fay in hts behalf, that if this Charge could be 4 proved, it would not amount to Treafon. For 4 my own part, as I always a&ed by the imme- diate Directions and Commands of the late 4 Queen, and never offended againft any Known 4 Law, lam juftify'd in my own Confcience, and 4 unconcern'd for the Life of an infi^nificant Old 4 Man. But I cannot, without the higheft lngra- 4 titude, be unconcern'd for the Beft of Queens : 4 A Queen who heap'd upon me Honours and Pre- 4 ferments, tho' I never ask'd for them ; and 4 therefore I think my felf under an Obligation 4 to vindicate her Memory, and the Meafures ihe 4 purfued, to my Dying Breath. c My Lord) 4 If Minifters of State, acting by the imme- 4 diate Commands of their Sovereign, are after- . 1 Wards to be made accountable for their Pro- 4 ceedings, it may, one Day or other, be the 1 Cafe of all the Members of this auguft AfTem* 4 bly •. I don't doubt, therefore, that out of Rc- 4 gard to your felves, Your Lordfhips wiM give 4 me an equitable Hearing •, and 1 hope that, in 4 the Profecution of this Inquiry, it will appear, 4 that (,<$ 9 ) 4 that I have merited not only the Indulgence, but \ like wife the Favour of the Government, 4 My Lord, 4 I am now to take my leave of Your Lord c , fhip, and of this Honourable Houfe, perl: * for ever! I (half lay down my Life with Plea 4 fure, in a Caufe favour'dJ>y my Jate dear Roy- * 'al Miftrefs. And whenvf confidcr that 1 am to 4 be judged by the Juftice, Honour, and Virtue * of my Peers, I ihall acquiefce, dud reure with 1 great Content : And, My Lords, God's Will \>be done. Before the Queftion for committing the Earl of Oxford to fafe Cuflody was put, the Duke of Shrewsbury acquainted the Houfe, Thafthe (aid Earl was, at prefent, very much indilpos'd with the Gravel *, and therefore he hoped the Houfe would not, immediately fend him to the Tower v but fufFer him to be, for Two or Three Days, under the Cuftody of the Black Rod at his own Houfe, where he might have the Attendance and 4 AiMance of his Relations and Servants : That, 1 however, he (the Duke of Shrewsbury) did not 4 propofe this as a Motion, becaufe he was againft 4 committing him at all ^ but only left it to the 4 Confideration of the Houfe/ His Grace was 4 feconded by the Earl, of Voulet\ and no Oppo- 4 fitio'n being made by the other Party, the Earl of Oxford withdrew, leaving Word, with the Ufher of the Black-Rod, that he would beat Home. After this the Queftion was put, That the J aid Earl be committed to fafe Cuftody, which was carried in the Affirmative, by 82 Voices,..., . againlt 50 } and fo the Houfe rofe, about a Quar- f "f, " % "f* ter pail One in the Morning ; when the U a»er of {??# the Black-Rod went to th^ Earl of Oxford's Blav ^ ] Houfe ^ communicated to him the Order of the Houfe of Peers, for taking him into Cuftody ^ and left focne of his Officers for that Pur pofe in His Lord/hip's Houfe. It was obferv'd that when the Earl of Oxford went home, he Was attend- Y sd <*7o) cd by a Mob tbat cry'd oat High Church, ORMOND, and OXFORD for ever, &c. It waslikewifeobferv'd, that of Twenty Biftiops who were that Day in the Houfe, Six only were for the Earl of Oxford, viz. The Archbilhop of York, and the Bifhops of London, Rochefter, Briftol, Chefter, and Durham. On Monday the nth of July, the Lord Coningsby acquainted the Commons, * That he 1 did, the Saturday before, at the Bar of the c Houfe of Lords, impeach Robert, Earl of c Oxford and Earl Mortimer of High TreaJon % 1 and other High Crimes, and Mifdemeanors, 1 and deliver'd in the Articles of Impeachment * againft him -, and did pray and demand that the 1 faid Ear) might be fequefter'd from Parlia* * ment, and forthwith committed to fafe Cufto- *## x '• « dy.' The fame Day * the Lords order'd, That the Earl of Oxfordbe brought to the Bar of their Houfe the next Morning, in order to be fent to the Tower *, and then Their Lordfliips fent a MefTage to the Commons, to acquaint that Honourable Houfe, * That the Lords had or- ' der'd the Black-Rod to attach and take into c fafe Cuftody Robert, Earl of Oxford and 4 Earl Mortimer ; and tbat the Black- Rod * had returned to the Lords, that he Had ac- * cordingly attach'd the faid Earl, and had c him now in fafe Cuftody. -ru v tn O" Tucfay the Twelfth of July, the Earl 1 ' A ,:2~L?' of Oxford was, according to Order, brought S} *> the Bar of 'the Lord! Houfe, where Ka- tbe Lords vm 6 receiv'd a C°Py of the Articles of lm~ % Houfe. peachmtnt againft nim, he reprefented tcr Their Lordfhips, * That the Ablcft Men in c the Nation had been many Weeks in draw- * ingup thofe long Articles againft him-, and c therefore he hoped the Houfe would allow * him a proportionable Time to anfwer ( them/ His Lordfliip took that Oration t$ . <»70 < Tbto«s, faid, That the SCEPTER WAS SO WfeML RIVETTED IN THE KING'S HAND THAT INSTEAD OF SHAKING, 1TWOULDCRUSH ALL HIS MAJESTY'S EN EM IE-,. The Earl of Berkley , and fome other Lords back'dalfo the Earl oi Sutherland'* Motion : Whereupon the Earl of Angle fe a flood up, and faid, ' That it was but too manifeft, by. 4 the Riots that were daily committed in feveral * Parts of the Kingdom, That the Nation, in *■ general, was againft thefe impeachments :, That * for ^is own Part, he was fo far fromapprov- € ing thofe Tumulruous AfTemblies and Difor- * ders, that he rather wilh'd a ftop might fpce- 4 dily be put to them, by exemplary Punifli- c ments^ That he had on feveral Occafions, * given fufficient Proofs of his- Zeal and AfTe^ c dion for the Revolution and the Froteftant Surcdii* n^ That what he had now advane'd, s the Refult of the fame Zeal for the Peace. d Profpcrity of His Ma jelly's Reign : How,,- & ever, if he had bten fo unhappy as, by any c unguarde J or pjjfionate Expreftion, to give Or- 1 fence to that Auguft AflemDly, he was very c Sorry tor it.*' Notwithstanding this Apolo- gy, fome Members we enclind to have his Lordfhip fent to the Tower, but the very Words he had fp^ken not having been taken down in Writing, the Houie admitted his Lordftip's Ex- planation y and fo that Matter went no further* ft is obfervable that on this Occafion, befides the Six Biihcps before mention'd, tjiofe. of /far/?' and Wtil<^ and St . iJavtd's voted for the Earl Oxford ,ax\d that the latter was by many blamed for putting off- his going to the Tower ^ which, they faid, did not confiii with the Firm- nefs and Resolution he had hitherto (hewn. This ?i). That is he came on the Tuefday In his own Coach t;o the H. of Peers, he mioh4 with fefenuchEafe, have Been carrieo to thcToiver % either by Water/5 or in a Sedan \ and have had ' - there (»7?) there the fame Attendance of his Friends and Phyficians. Be that as it will, the Houfe of Peers having met on Friday, the 15th of July, they adjourn'd to the Monday next -, to avoid, as 'twas generally furrniicd, any frefli Motion which the Earl of Oxford's Friends might make, for deferring his being fent to' the Tower, whi- ther according to Order, he was carried by the 'The E. of Ox- Ufher of. the Black- Rod on Saturday (Inly i6trQford carried to, about Eight aclock in th.e^ Evening, in his fjmfibe Tower, ftiip's Chariot^ attended by Two Hackney July i6tb. Coaches, in which were the Earl's Lady, his Son the Lord Harley x and fome othtr of the Earl's Relations and Servants. Although thefc Three Coaches went from his Lordship's Houfe near St. James's Palace, up St. James's Street^ and then through Picadilly, G err ard- Street, Mon- mouth-Street, Holbourn, and other lefs frequen- ted Streets, with Defign, as 'twas thought, to avoid a Crowd, yet were they attended by a great many of the Common People, whofc Numbers being much increafed in their Return from the Tower, they railed" an Uproar iji the Streets, with their Qxy of High-Church, Or- mind, ancj Oxford for ever } and when they came to St. Martin's Lane, Weftminfttr, fome of them grew fo outragious as to throw Stones at, and break the Windows of feveral Houfes: Uoon which Three or Four of the Mutineers; were by the Conftablesand Beadles carried to* the Round- Houfe. On the Twenty Fourth of June, Mr. Carter communicated to the Commons the Informations ne had received from feveral Hands, of a great Riot at \Manchefier, in which the Pretender had teen proclaim'd \ and then moved the Houfe, \ That the Aft of the 13th and 14th Years of * His late Majefty King William the Third, inti- * tied. An Aft for the further Security of His 1 Maiefty's Pe'rfon, and the Succeffion of the Crown * in the Protectant Xw, and for extivguijhin&the Hopes Cm) Bill for the l Hopes of the pretended Prince of Wales, and all further Securi- « other Pretender*, and 'heir open andfecret Abtt- Vtf'kKP&'tm, might be read-,' which being done accor- Ferjon, Go dingly, it was order % Nemine contradicente, YucTlfm. T ¥ l a Mlb'broiigbt in for the further Security of "* ' His Majefly*s Perfon and Government > and the Succeffion of the Crown in the Heirs of the lint. Prince /] r Sophia, being Proteftant&i and for ex- tinguifhing the Hopes of the pretended Prince of Wales, and his open ancCfecret Abettors : And that Mr. Carter^ Mr. Comptroller^ Lord Coningsby y and Mr. Heyfham y do prepare and bring in the fame. On Friday j July i, the Common* order'd, Nemine contradicente % that a Bill be brought in, for preventing Tumults and Riotous Affembhcs^ and for the more fpeedy and cjfcEtual puntfhing the CompUfat R* otcrs f After wfcich a Complaint being made to> igtinft * Vt- * ne Houfe, by the Right Hon. Robert WalpoUj per tuff A the Efq^of a printed Pamphlet, intitled,7Tk Evening Evening Toft. Pojt, from Tuefday, June 28, to Thurfday , June 30, 17 15, wherein is printed a Copy of k Letter fubfertbed R. W. to the Lord 5 — at the Bath (which printed Letter had been cried about; the Streets, as if wrote by the fajd Mr. Walpole to the Lord Sunderland, and had alfo been mall- cioufly and induftrioufly fentall over the King- dom) the faid Evening Poft, and another printed. Copy of the faid Letter, were delivered in at the Table, and the printed Copy in the faid Evening Pofi was read, as follows : My LORD, Sundalotu T Have received Tour Lordjhip's Letter r the Con- letter con- J[ tents f w hich are rather a Concern to me than um*i in it. a Surprize \ in the General Corruption , 1 had lit- le Reafon to believe the Neighbourhood where Tour Lordjnip *V, fhould efcape untainted. By this Poft you will have an Account from Lord T of what has been done in thefe Parts^ with fome Particulars of the Oxford Riot \ the Inclosed (My Lord.) is a^ Copy of a Letter fent to Dr. Charlettei ( «75 ) Cbarlctte ', but it is not Writing that will ever b$ able to reduce that Vniverfity to a State of Difci- pline at Order ; other Means are neceffary. I am now to tell Tour Lordjhip, the Committee hasfinifhd their Report, and will lay it before the Houfein a few Days ', what the Refult will be I am doubtful^ but we have now nothing for it but a bold Pulh, and accordingly have deter min'd to allow r.a Time to the Enemy to examine or confider the Re- port. The Impeachments will be for High Jreafon, and other Crimes •, and fwifh we have not tn this Refi- lution Flrain'd the Matter too far. Not that J be- lieve we are in any Danger of not feeing Your Lord- (hip confirm whatever Accufation we ft) all bring be- fore you ; the People, who think they have a Right to look into our Aft ions , know their Strength, know how far they have gone, and that they canfecun themfelves only by going further. If on any drunken Holiday the Government is over-run with Rioters and Seditious Affembltes, what Oppofition may we not reafonably cxpoft, when we are leading the Favourites of the Faftion to the Scafold? If we fail in our Attempt , we must be content to bear the Yoke we have been preparing for our Enemies: If we flwuld fucceed, we fhall never more be troubled with that Spirit that has been fa long grievous to us. The Guards arefent for to be in a Rcadinefs, bm I am very doubtful how far they will come into what is neceffary, Jhould there be Occaponfor them \ and Jnuft therefore go along with thofe who hold a Necef- tty of railing Ajfiftance from Foreign Troops. My Lord, I jhall fay no more i Ja&aeftAlea; and Fortune in a few Weeks will difpofe of mono Way or other. Lord 5- - at the Bath, I am, &c. R. W. Upon the Reading of this Letter it was re- folvcd, Ncmine contradicente, That the faid Let- ter inserted in the faid Evening Fofl, is a falfe, fcandalous, ( Ifr) fcandalou$,and traiterous Libel,highly reflecting on His Maj. and both Houfes of Pari. And order- ed, That aCommittee be appointed to enquire into the Author, Printer, and Publifher of the faid falfe, fcandalous, and traiterous Libel. And a Committee was accordingly appointed. Then a Complaint being alio made to the Houfe Another Com °f a Paragraph in the faid Pamphlet call'd The plaint againft Evenmg Poft, relating to John Bournois, a the faid Paper. French Schoolmafter, who was whipp'd for fpeaking feditious Words againft His Majcfty -, the faid Paragraph was read, as follows : John Bournois, the French Schoolmafter, who was whipp'd from Stocks-market to Aldgate, for /peaking/editions Words againft His Ma] eft y, was laft Week, upon giving Sureties for his good Beha- viour, discharged out of Newgate, but died the next Day of the King's Evil. After which it was order d, Firft, That it be an Initrudion to the faid Committee, That they do enquire into the Author of the faid Pamphlet called The Fvenm^Poft \ Secondly, That £; E.Benmgton Berrington ^ Printer of the faid Pamphlet called 1 d J * j£5 rhe Evemng-Po/1, be taken into the Cuftody of P lV!all the Serjeant at Arms attending this Houfe. And tntocuitoay. j^^ Jhat j m Morphew ^ p u blifher of the faid Pamphlet be taken into Cuftody of the Ser- jeant at Arms attending this Houfe. On the 15th of July, the Commons, in a Committee of the Whole Houfe, went through Bill againft the Bill for preventing Tumults, &c. and the Tumults. next -r Day Mr. Attorney General having re- f July i6th. ported the Amendments they had made to the fame^ the firft them was agreed to*, but the further Confideration of the faid Amend- ments was adjourn'd. After this the Houfe being inform'd of great Diforders in the Cotin- Jccoum of the j? of *tf"4 b V Dt fcveral evil-difpbs'd Per- Jumults and » ons 8 oln S * rom P lace to Place ,n a tumul- j(wts in Scaf- ti 011 * an d riotous Manner, and that they had fordlhire. aflauUed and wounded feveral of His Maje- fty's cm) fty's good Subjects without any Provocation \ and that One Mr. Bayly was able to give the Houfe an Account rnereof, and that he was at the Door-, he was order 'd to be called in. Mr. Biyly being call'd in accordingly, ftave the Houfe an Account of what had happen'd in that County, as follows, viz.. c npHAT there are Three Presbyterian Meet- J[ * ing HOufes, which are not very re- c mote from each other, viz. at Dudley, Wesi c Bromrvitch and Oldbnry \ That the Proprie- c tors of them, obferving that feveral Meet- fc ing Houfes in that County had been pulTd c down by the Mob, they advis'd with Law- 4 yers about the I awfulnefs of defending them- f; (elves, and then took a Rcfolution of do- 4 ing it, and to afiift each other: They pro- 4 cured a Warrant from Sir. Henry Gongh to 4 the Conftable of lV °c i r • n r J r* deavours oj the Enemies' of your terjon and uo- vernment, to difturb the Tranquility and Happinefs of your Kingdoms, and to deprive your People of the great BleJJings they enjoy under your aufpiciom Reign : And it having appeared to us, that, by the Encouragement and the falfe and Wait irons Insi- nuations of Ferfons difaffetled to your Ti tie and Go- vernment^ great Numbers of your poor deluded Subjects have been prevailed upon, in many Parts of the Kingdom, to affcmble together, and, in a tu- multuous and rebellious manner j to commit great Diforders, and do great Injuries to others of their Fellow- Subjects and Ftllow-Proteftaiits, we think it oi r mdifpenfable Duty on this Occajion to exprefs or ut-nofi Abhorrence of all fuch traiterous Pro- ceedings, and our highefl Refentment againft the Authors and Promoters of them } and to renew to - • lour Tour Majefly the hearty and vigorous Re Solutions of your faithful Commons , tofuppovtyour Majefly and your Government againfl all your open and peer ct Enemies *, and to contribute the utmofl in our Tow- er to the Honour and Safety of your Sacred Perfon, and the Quiet and Security of your Government. And to that End, we crave Leave mofl humbly to befeech Tonr Majefly, that you will be gracioufly pleafed to give Directions to the fever al Magiftrates throughout \our Kingdom, that the Laws now in Force may be put in afpeedy, and in the moft vigo- rous Execution, againfr all fuch Perfons as flail be found any way concerned in thfrebellious and tu- multuous Riots' and Diforders which have been com- mitted, and are now carrying on, by Perfons difaf- felted to Tour Majefly andyour Government \ and that a ftritt Enquiry may be made to difcover the Authors and Promoters of them, fo as they may be brought to condign Punishment. And it being apparent, that the Neglect or Mis- behaviour of many Jufttces of Peace* and other Magiftrates, hath given great Encouragement to the f aid Diforders, we crave Leave, in all Humili- ty^ to befeech Tour Majefly, that an Account may be taken of fuch Justices of the Peace as have fail- ed in the Difcharge of their Duty on thefe Occa- fwns \ and that fuch of them as (l)all appear to Tour AlajeFiy to have neglected their Duty, may be forthwith put out of the Gommiffions of the Peace \ and that fuch other Magiftrates as fltall likewife ap- pear to Tour Majefly to have neglected their Duty therein, may be proceeded againfl with the utmoft Rigour of the Law. And as your loyal Commons are fully affured, that by the Wifdom and Steddinefs of your Admi- niftration, the Scepter in your Royal Hand will foon become a Terror to allthofe who, by openorfecret Practices, Jhall any way abet the Enemies of your Perfon or Government \ fo jrom our moft dutiful Regard to Tour Majefly, and in Juftice to thofe of your Subjects, who, joy their Zeal and firm Adhe- rence rence toTour Majesty andyour Government , havt been Sufferers in the [aid tumultuous and teaiterous Diforders ^ we do moft bu»wly befeech Tour Ma- jvfty y that you will be moft gracioufly plea fed to give Directions, that an exact Account be taken of the Lqffes and Damages which any of your Subjects have fuflained, by reafon of the [aid tumult nous and rebellious Proceeding*, and that the Sufferers may have full Competition made them for their Dama- ges; your faithful Commons mo ft humbly iffuring Tour Majesty , that all Expences which jh ill be in- furred on th it Account, fa all be made good to Tour Majefiy, out of the next Aids that (halt be after- VOi dt granted by Parliament. A'idfor the Security of your Sacred Per fen, and the Quieting the Minds of your faithful Subject s % we do further moft humbly advife Tour Majesty y that you will be graciottfly plea fed to give Orders , that the Magistrates throughout the Kingdom, in their fever al Stations, do fpeedilv and effectually put the Laws in execution againft Papifts and Non- jurors. This Addrefs having, the ne^t * Day, been * July 29. prefented to the King by the whole Houfe, His Ma jc/ty was pleated to return the follow ing moft Gracious Anfwer : lee Zings Gentlemen, jtofwer. r Ttoank you heartily for your Addrefs , and the 1 many Marks of Zeal and Affection which you exprefs for my Honour and Safety, and the Security of the Kingdom. I will give immediate Directions for putting in execution the fever al Matters which you fo juflly recommend to me * 5 and as I am refoWd, on all Oc- cafions, to follow the Advice of my Parliament , fo I have no doubt but that, by the Bleffing of Al- mighty God, and your feafonable and vigorous Af- fiftance, Ifhallfoon be enabled effectually to fupprefs that Spirit of Rebellion which is Jo in duftriou fly fo- mented among us, and to eft abUJh the Peace and Profperity of my People. After ( i8* ) The f rt me Day the Commons order'd, l That c fuch Members of the Committee of Secrecy, c who are Juftices of the Peace for the c County of Middle fex^ do examine fuch P«r- * fons as they think fir, at the faid Committee, c touching Matters contain 'd in the feveral Books 4 and Papers before them. The rest* Day, the Speaker of the Houfeof * jane y*. Commons having reported His Majeity's moft Gracious Aniwer to their Addrefs, it was re- folvd^ Nemwe contradicente, that the humble Thanks of this Houfe be return d to His Majeily. The fame Day, the King went to the Houfe of Peers with the Uiual State, and having given the Royal AfTent to Four Publick and Nine Pri- vate Biiis, and, amongft the flrit, the jichjor pre- venting Tumults and Rittous Afjemblies, &c. Hi? Majeity was gracioudy pieafed to declare from the Throne, That he had given di- rection to the Lord Chancellor to declare to Both Houfes a matter of the greater! Importance in his Ma jelly's Name and Words ; ana accor- dingly the Lord Chancellor read a Speech de*!i~ ver'd into his Hands by his Majeity from the Throne, as follows : My Lords and Gentlemen, TU Kjng* THE Zeal you havejhevon for preferving the- s P^ cb to M Peace of my Kingdoms, and your \Wifdom ^ iH i ss * in providing (u gooa a Law to prevent all Riotous and Tumultuous Proceedings, give me great Sa- tisfaction ; bht I amforry to find that fuch a Spirit of Rebellion has dij cover d it J elf as leaves fit Room to doubt but thefe Diforders are fet on Foot and encouraged by Per fons difaffetled to my Gov- ernment, in Expetlation of being f upper ted frwn Abroad. The Prefervation of our Excellent Constitution, and the Security of our Holy Religion, has been, and always jh all be, my chief care , and I cannot quell ion but your Concern for thefe invaluable Btej- pngs is fa great ^ as not to let them be expo fed to fuch am fkch Attempts as I have certain Advices are prepa- ring by the Pretender from abroad, and carrying §n at home by a resllefs Party' in his Favour. Gentlemen of the Houfe of Commons. Inthefe Circumflances, I think it proper to ask your AJJiftance, and make no Doubt but you will fo far conjult ypwr own Security, as not to leave the Nation^ under a Rebellion atlually begun at home, and ihreatned with an Invafion from abroad, in a Defencelefs Condition : And 1 Jhall look upon the Provifion you Jh all make for the Safety of my Ksfolution of People as the befi mark of your Affection to the Commons m€t tofani by, The Commons being return'd to their Houfe; m ri Support itm% iRefolye^ Nemine Contradicente, That n*m*fly. c an humble Addrefs be prefented to his Maje- 4 fly, to return the moft humble and dutiful * Thanks of this Houfe, to his Majefty, for * communicating to his ParJiament the Advices f he has received of an Attempt preparing to be 4 made upon the Nation from abroad, abetted 4 and encouraged by treafonable Practices at * home, in favour of a Popifh Pretender j and * to affure his Majefty, that this Houfe will; * with their Lives and Fortunes, ftand by and * fupport bis Majefty againft all his open and * fecret Enemies \ and to deftre his Majefty," * that he will immediately give Directions for * fitting out fach a Number of Ships as may ef- c fedually guard the Coafts, and to iflue out f Commiffions for augmenting his Forces by 4 Land , afTuring his Majefty this Houfe will,' * without Lofs oF Time, effe&ually enable him 4 to raife and maintain fuch a Number of Forces, 4 both by Sea and Land, as (hall be neceffary for c the Defence of his ->aered Perfon, and for the * Security of his Kingdoms. ' After this Mr. Freeman flood up, and reprefented, that in fo * important a juncture, they ought to lote no 4 Time, in drawing up an Addrefs, and there-. . fore moved, " That the [aid Refolution be. forthwith forthwith hid before his Majefty by the whole Houfe, He was feconded by the Lord Guemfey, Eldeft Son to the Earl of AHeford, who laid, % ic ' was well known, he had, on feveral Occafi- ^ emor ^j e 4 ons, differ 'd from fome Members in thpSpcetb of tbi c Houfe •, but being now convinc'd that our Lord Guern- c Liberty, Religion, and all that's dear to Englijh fey, on this c Men, were aim'd at, he would (laying his Hand Occafion. ' on his Sword) rather die with his Sword in his c Hand, than furvive the Pretender's coming in •, 4 tho' he were to enjoy the greater! Honours and c Preferments under Him. " Mr. Hampden did, Jikewife, back Mr. Freeman s Motion, which pafs'd into a Refolutioti, Nemine Contradicente ^ and Mr. Comptroller who was order'd to wait on the King, to know his Majefty's Pleafure, when he would be attended by the Houfe, ha- ving, about Six aclock in the Evening, repor- ted that his Majefty had been pleafed to ap- point immediately at his Palace at St. James's $ The Houfe went thither with their Speaker, and laid before his Majefty the faid Refolution, to which the King was pleafed to return the fol- lowing Anfwer : Gentlemen, 1 Thank yon heartily for this Addrefs, The Zeal and Vigour which yon jhew upon this Occajlon, will, J trufiin God, enable Me to defeat the Evil Defigns of our Enemies, I will immediately give Directions for fuch an Increafc of our Forces by Sea and Land, as I Jliall judge nccejfary for your Security, and will order Estimates of the Charge thereof to be laid before you. The next Day, the Houfe being moved, That the Ad of the Thirty Pirit Year of King Charles the Second, intitied, An Aft for the better f ecu- ring the Liberty of the Subject, and for Prevention of Imprifonment beyond the Seas : And alfo an Aft of Parliament of Scotland of the Thirty Firitof January 1701, intitled, An Act for pre- venting wrongous Imprifonment, and ayiinfi undue A a Delay r (i86) Delays in Tryals, be read -, the fame were read BiBtoSufpend accordingly : After which it was Ordered, That the. Habeas leave be given to bring in a Bill to impower His Corpus Aft. Majefty to fecure and detain fuch Perfons as His Majetlly fiall fufpecb are confpiring again ft His Perfon or Government. Hereupon Mr. Sollicitor- General immediately prefented to the Houfe A Bill to impower his Majefty to fecure and detain fueh Perfons as His Majefty Jhall fufpetJ are con- fpiring againft His Perfon and Government \ and the fame was received and read the Fitft time, and ordered to be read a Second time. The Bill was accordingly immediately read a Second Time j and committed to a Committee of the whole Houfe, for the next day. It was obferv'd that Mr. Shippen only, made a Slight Obje&ion againft the bringing in of the faid Bill j which on the 22d. of July, went through the Grand Com- mittee, and was order'd to be ingrofTed. On the 20th of July, the Lords refolv'd to prefent an Addrefs to His Majefty, which was, the fame Day, drawn up, and agreed to, as fol- lows: the Lords Ad- drefs to the ^ Moft Gracious Sovereign, \\7 £ Your Majefty 1 's moft Dutiful and Loyal V V Subjects, the Lords Spiritual and Temporal in Parliament ajjembled, beg Leave to return Tour Maj.the moft humble Thanks of this Honfefor Tour Majefty s moft gracious AJjurances, that the Pre- fervation of our excellent Conftitution, and the Se- curity of our holy Religion, has been, and always Jhall be your chief Care ; and for communicating to your Parliament the Advices from Abroad of an in* tended Invafion of thefe Kingdoms, countenanced and ent our aged by hfurreftions here at Home, fo- mented and ftirred up by the Abettors and Sup- porters of the PretenderV Intereft. And we do moft humbly ajfure Tour Majefty, that this Houfe will ft and by and ajfift Tour Majefty, at the Ha- zard of our Lives and Fortunes^ in Support and Defence Defence of your Sacred Perfon, and your undoubt- ed Right and Title to the Crown, in Defiance of all your open and fecret Enemies. This Addrefs being the next Day prefented to the King, His Majefty was pleafed to make the following moft gracious Anfwer : My LORDS, The K&* I Thank you for the zealots AffeBionyou exprefs ™1™ U towards me, and the Affurances which you give me in this Addrefs ', and you may depend on my punctually making good aU thofe which I have given to my People, either on this or any former Occafton. The next f Day, both Houfes of Convocation * July 2 id. Waited alfo on His Majefty, with the following Addrefs : To the K's Moft Excellent Majefty. The Humble Addrefs cf the Addrefs of the Abp. Bps, and Clergy of the convocation to Province of Canterbury, in Convoc.afTembled. tH %i n &' Moft Gracious Sovereign, C \A7^ Your Ma i c fty' s ro ^ Dutiful and Loyal V V • Subje&s, the Archbifhop, and Bifhops, c Clergy of the Province of Canterbury, in Con - c vocation afTembled, do think our felves obliged 1 in Duty and Gratitude to Your Majefty, to 1 make our moft humble Acknowledgments for c that gracious MefTage you were pleafed to fend c to the Houfe of Commons, recommending the c Provifion of a Maintenance for the Minifters 4 who are to attend the Service of the Fifty New c Churches, begun to be built in and about the c Cities of London and Weftminfter, under the * pious Encouragement of Your Majefty's molt c excellent Predeceflbr of ever Bleffed Memory. c A MefTage fo pioufly intended, and fo well c received, we truft, cannot fail of its defired c Effecl,tothe Honour of the Church ot England, c and the Advancement of our holy Religion. c After all the Declarations Your Majefty has * been pleafed to make in Favour of our Efta- A a 2 e blifhed f J8SJ c blifhed Church, and the real Proofs you have c given for the Concern of its Intereft \ we hope * that none will be found fo unjuft as to ' doubt of your Affection to it. And we 1 do mod humbly aflure Your Majefty, that c we will take all Opportunities to inftil in- 4 to thofe who are under our Care, the 1 fame grateful Senfe that we our felves have 4 of Your Majefty's Ooodnefs, and that at * this Time, more efpecially, when the Quiet c of your Realms is difturbed by Infur- c regions at Home, and the Nation threat- 1 en'd with an Invafion from Abroad, we will * put them in mind of thofe itrid Obliga- c tions of Confidence, whereby they are en- c gaged to defend and fupport Your Maje- c fty's Government, and will earneftly exhort * them to exemplify, by a fuitable Pra&ice, * thofe Principles of Obedience and Loyalty * which the Church of England has always c thought it her Duty to profefs. 4 May the Divine Providence defeat all wicked * Defigns that (ball be formed againft our holy * Faith, and Your Majefty, the Defender of it: 6 And may that God, Who has put it into Your c Majefty's Heart to do fuch great things for us, * unite the Hearts of all your Subjects in pr aifing c His Mercy for the many Bleffings we enjoy un- e der Your Majefty's mod: aufpicious Govern - c ment*, and in making all the Returns of Ho- * nour and Obedience that are due to fo good i and gracious a Sovereign- To this Addrefs the King was pleafed to return the following moft gracious Anfwer : The King's *Ay Lords, and the reft of the Clergy, Anfxaer.^ * J Take this dutiful Addrtfs very kindly, and 1 thank you for the Concern you exprefs for the Peace of my Government. 1 depend upon the Loy- alty of the Church of England, and yon may be af- furcd (•§9) fayed of my con ft ant Froteelion and Encourage- ment. On Sat ny day, the 23d of July, the Commons read the third Time, pafs'd, and Tent up to the Lords by Mr. Hampden the ingroflTed Bill to em- power His Majefty to Jecure and detain fafpetled Perfons,&c. After which Mr. Pulteney by His Majefty s Command, prefented to the Houie, an Eftimate of the Charge of Four Companies per Annum, tocompleat the Coldftream Regiment 0/ Eilimite for Foot Guards to Two Battalions, and for Levy- Four aiiitio- money for the fame : Which Eftimate was reacts Companies and referr'd to the Grand Committee on the Sup- °f FootGuards ply. Then the Houfe refblv'd it fdf into the faid Committee, and came to thefe Two Refolutions, viz.. 2. That a Sum not exceeding Two Hundred Sixty Five Thoufand Seven Hundred Fifty Four Pounds, Seven Shillings, Six Pence, be granted to His Majefty for the Pay of Three Thoufand Dragoons and Four Thoufand Foot, Com- mifiion Officers and Non-Comrniflion Officers included for One Year, and for the Charge of Levy-Money for the fame, zdly, That a Sum not exceeding Five Thoufand Four Hundred v ri . fifty Eight Pounds, Ten Shillings, be granted to $$£ «■ His Majefty for the Charge or Four Companies, rr J to compleat the Coldjlream Regiment of Foot- Guards to Two Battalions, for One Year, and for Levy- Money for the fame. After this it was order d, That the Grand Committee, appointed to con Oder of the Bill for the further Security of His Majefty s Perfon and Government, &c. have Power to receive a Claufe to enable His Majefty Shup to ad- to gyant a Commiffton to adminifter the Oaths of minifcr the Allegiance, and Supremacy, and Abjuration to all the Oatks to aB Officers, Common Seamen, and Soldiers. Then the °ffi cers ' Se * Houfe refolv'd it felf into that Committee, and ?*.*.. aud made fome Progrefs in the faid Bill : But were * micrs > interrupted by Two MefTages: One was from the Lords, to acquaint them that their Lordfhips had agreed to the Bill, entitled, An Aft to em- cower to encourage Loyalty in Scotland. ( 19°) power His Majefty to fecure and detain fuch Per- fons as His Majefty (hall fufpetl are confpiring a- gainft His Verfon and Government : The other MefTage was from His Majefty, who being come to the Houfe of Peers with the afual State, and the Commons fent for up, and attending, His Majefty was pleafed to give the Royal AfTent to thefaidBi!!. The Commons being returned to their Houfe, m ordered to upon a Motion made by Mr. Secretary Stan- 1 hope, a Bill was order'd to be brought in /or Encouraging all Superiors, Fajjals, Landlords, and Tenants there, who have been or fhall be guilty of Rebellious Practices againfjt his faid Majefty: And for making void all fraudulent Entails^ Tailzies, and Conveyances made there, for bar- ring or excluding the Effect of Forfeitures that way have been or Jhall be incurred there on any fnch Account : As alfo for calling any fufpetl ed Ferfon or Terfons in Scotland to appear at Edin- burgh, or where it Jhall be judged expedient, to find Bail for their good Behaviour* And that Mr. Secretary Stanhope, the Ld. William Powlet y and Sir David Dalrymple do prepare and bring CI jure order* d™ ^ e ^ me ' forgiving the ° n Maulqthc 25th of July Mr. Farrer J^ward of re P°rted the Refolutions taken the Saturday 160,000}. before in the Grand Committee on the Sup- lofucbn jbai:piy> which were agreed to j after which, up- apprehszdtie on a Motion made by Mr. Comptroller, irwas c Ordered, Nemine CoHtradtc&Xe, That it be anlnftruftion to the Committee of the Whole Houfe, to whom the Bill for the further Se- curity of His Majefty's Perfon and Govern- ment, and the Succefiion oi the Crown, in the Heirs of the late Princefs Sophia, being Protectants, and for extinguifning the Hopes of the pretended Prince of Wales, and his Open and Secret Abettors, is committed, That they have Power to receive a Claufe for rendering more Effectual the Provifion. made Pretender dead or alive d90 in an A& of the Firft Year of His Majefty's Reign, intitled, An Aft for the better Support of His Majeftys Hoiifljold^ and of the honour and Dignity of the Crown of Great- Britain, for feizingand fecuring the Perfon of the Pretender ^ by providing that the Sum of One Hundred Thoufand Pounds (ball be paid to any Perfon or Perfons, being Natives or Foreigners, who (hall feize or fecure, alive or dead, the Perfon of the Pretender^ whenever he (hall land, or attempt to land, in Great- Britain or Ireland^ or any other His Majefty's Dominions. .' The next y Day, Mr. Carter reported the f July 26. Amendments made to the BUI for the further Secu- rity of His A4ajefty's Perfon and Government^ &c. which, With Amendments to fome of them, were agreed to, and the Bill order'd to be en- grolled. After this, Mr. Walpole made a Speech, wherein he took notice "oftheMea- * fures_ the King bad taken, purfuant to the De- * fire and Advice of that Houfe, tofecu re his Do- * minions *, but reprefentecl that in cafe of an In- 1 vafion the Standing Troops and the new Le- c vies would hardly be fufEcient •, and as he c thought it necefTary, fo he moved, that the Of- * fleers in Half-pay fhould be put in a Capacity to - * ferve the Nation, by allowing them Full l J ay. Gen. Stanhope feconded Mr. Walpole^ Moixow j and Gen. Rofs only having m?de a Slight Ob- jection to it •, fuggeiting thar, to fave Expences, the Standing Regiment* rc%ht be augmented, it was refoiv'd, *" That an humble Addrefs be pre- Addrefs for 'fented to His Majefty, that he would begra-^/^ f tt np Mf c cioufly pleafed to allow Full Pay to fuch half tvtkemifpij * pay Officers as were notothenvife provided officers. c tor :and that His Majefty would give Orders to July 26th, c the faid Officers to hold themielves in a Readi- ' nefs to be employed in fuch manner as His Ma- c jefty fhould think fit : And to afTure His Ma- * jefty that this Houfe would fupply fuch extra - 1 ordinary Expence as His Majeity i'h'ouid be at ofi ( l 9 2 ) . * on this Account, out of the next Aids to be c afterwards granted by Parliament.' This Ad- drefs being, the fame Day, prefented to the the King's King, His Majefty was pleafed to fay, That Jnfrver. he look'd upon it as a frefi Jnftance of the Duty and Affethion of this Hottfe* and of their Zeal for the Security and Prefervation of his Peo~ •f J ul y rt'ple and Government, The fame + Day likewife, tiny uniDefir- wis prejent raruameut, tntiuea, An ACT tor tne tion. better regulating the Forces to be continued in His Majefty's Service, and for the Payment of thefaid Forces and their Quarters, for the better preventing Mutiny and Difertion : Which Bill + J ul y 1* was, the next \ Day, prefented to the Houfe by Mr. Pulteney *, and read the firft Time *, as was alfo a Bill to make the Militia of this Kingdom more wfeful. Sir George On Friday, the 2ld of July, Sir George Byng Byng takes fet out for the Downs, to take upon him the Com- upon him the man( i f His Majefty's Fleet, which wasorder'd Qommmi of to be forthwith reinfore'd with feveral Men of the Fleet. War# j^ e f ame q^ Q enera i Brie went poll: Gen.Jatiegoes to his Government of Portfmouth, in order to mTmh ? ut that im P ortant p J a « in aPofture of De- fence j the Trained-Bands of London and WefiminHer were under Arms ; the next * Day * J ul y 2 ?- General Cadogan, by His Majefty's Command, mark'd out a Camp in Hyde-Park, for His Ma- jefty's Horfe and Foot Guards, where the Latter _, n . encamp'd the fame Day, and the Former on The oiuras Mmd and the Lord yifcount Irwin was ap- HvdePark. pointed Governor of Hull, in the Room of Bri- Severri Gene- gadier Sutton, who, together with General Rofs, rd officers General Webb, General Stewart, the Lord *ni Colonels Windfor, Colonel Dcfaunay y and fome other Ge- difmijs'd. nerals and Colonels, were either diimils d the Service, or order'd to fell their refpedive Regi- ments. _ On 09S) On the 22d of July, William Pultency, Efq*, Secretary at War, by His Majerty's Command, lignified hisMajefty's Pleafure, 'That all Officers • now in the Army do immediately repair tp a ct ' rt ^A 4 their refpedive Ports, upon Pain of His Ma- ,* their re ^. m 5 jefty's higheft Difplealure j" and at the fame# /vtf p^y; Time, all fuch Out-Penfioners of Chelfea Hof pital as had pafs'd their Examination before the Lords Commiffioners, were order'd to appear oh Tuefday and Wednefday, the 26th and 27th of the fame Month, in that Part of the laid Hofpi- tal commonly call'd Bartons Court, upon Failure whereof they were to lofe the Benefit of their Penfion. All this while the Juftices of Peace, and other inferior Magirtrates of London and Wefiminfter, were very active in fearching for Horfei ofsuf Horfes and Arms, in the Houfes of Papifis &uc\P^{ p ' r [on$ other Sufpeded Perfons. ; fcv&d. On the 25th of July, His Majefty in Council figned the following PROCLAMATION for fuppr effing Rebellions andrebellious Tumults, GEORGE, R. ^ „ , , . ProrUmttion W Here as of late fomeof the Meancftof our for fupptcffwg People have been, in divers Parts of this Rebellions avi Kingdom, [educed and ftirred up to Riots and rebeQiom lw Tumults, to the Disturbance of the Publick w«7w. Peace, and the fame are now carry d into open Re- hellion, aad a Levying of Waragainfi m, and our Royal Authority, by the [aid Rebels, having not on : ly declared the End of their Rifing in Arms to be to a General Purpofe, and that against Law, but even p oceeded with an Armed Force, in many and di- Jlant Places, to pull down, burn, aid deftroy tie Houfes and Buildings of our good and peaceable. Subjects', and by their haying declared for the Pretender, and actually refitted, and engaged with Force of Arms, fuch as by lawful Authority were endeavouring to difperfe them \ and there is no room to doubt but thefe traiterous Proceedings are promo- ted and. encouraged by Papiits, Non jurors, and other Perfons difajfecTcd. to our Government, in B b' Expectation ( *94) Expectation of being fupported from Abroad :We have therefore thought fit, for the fuppr effing and putting afpeedy End to the faid Rebellion, by and with the Advice of our Privy- Council, to ijjue this our Royal Proclamation, hereby declaring, That all our Officers, Civil and Military, are, by the Duty of their fever al Offices and Commands, obliged to ufe their utmofi Endeavours, by Force of Arms, if neceffary, to fuppr efs all fitch trait ero hs Rebellions \ and that in like manner, all the Subjects of this Realm are bound by Law to be aiding and affifting in the Si-pprejfion of fuch Rebellion, or may act again fi fuch Rebels without the Presence of fuch Officer, if the Prefence ef fuch Officer cannot be had, or if fitch Officer refufes or negf.ee! s to execute his Du- ty j and that all our dutiful and loyal Subjects may, without any expr efs Warrant or Authority, ad in Defence of their Houfes, Perfons, or Pofeffions, if attacked or ajfaidted by fuch Rebels or riotous Perfons: And if any of the faid Rebels (hall hap- pen to be fain, either by the Civil or Military Offi- cers, or our Troops, or other our loyal Subjects, ail- ing, as aforefaid, in Defence of the Laws, of our Royal Authority, and the Prefervation of the Public k Peace, fuch Killing is juftifiable, and they who do it are indemnified by Law. And we therefore firittly charge and command all our Officers, as well Civil as Military, and all other our Obedient arid Loyal Subjects, That where- foever they f hall meet with the faid Rebels and Trai- tors, fo, as aforefaid^in Arms and Open Rebellion against us, they do endeavour, without Delay, to fuppr efs them with their utmofi Forjt, and to treat them with that Severity with which Rebels and Traitors, found in aihtal War and Rebellion again fi the Crown, may be treated. Given at our Court at St. James s, the Twenty Fifth Day of July y July 25. in the Hrir. Year of our Reign. At the fame *Time, His Maj. fignedTwo other Proclamations, one for putting the Laws in execu- tion againft Papilts and Nonjurors j the other com- commanding all Papifts and reputed Papifts, to de- part from the Cities of London and Weftminfter, on or before the 8th Day of Auguft next enfuing, and from within Ten Miles of the fame, and con- fining them to their Habitations : Both which were grounded on the many Riots that had been in divtrs Parts of this Kingdom ; and on the cer- tain Advice His Majefty had received, that the Pretender was preparing to invade thefe King- doms. In Imitation of both Houfes of Parliament, molt. Corporations, and other Bodies of Aien in His Majefty's Dominions, thought it their Duty, at this critical and dangerous Jun&ure, to expreis their Loyalty and Affection to His Majefty's Per- fon and Government. The Addrefs of the Com- mon Council of the City of London, which on the 28th of July was prefented to His Majefty, by the Lord Mayor, and a few of the Aldermen, being drawn up by theTory Party,was lukewarm, and therefore not very acceptable, being as follows: Addrefs of the To the KING'S Moll: Excellent Majefty. commo- Tloe Humble Addrefs of the Lord Mayor, Alder- council of the men, and Commons of the City of London, in City of Lon- Common Council affembled. don. Mofl Gracious Sovereign. WE the Lord Mayor, Aldermen, and Com* mois, in Common-council aflembled, do with all Humility approach your Royal Prefence, craving Leave to fhew our n.tmoft Concern at the* Danger that feems now to threaten Your Majefty and your Kingdoms, from the intended Invafion thereof by the Pretender, as Your Maj. hath been gracioufly pleafed to inform yourPeopIe from the Throne -, which intended Attempt, we fear, hath been too much encouraged by Papifts, Non-ju- rors, and Perfons of Annmonarchical and Rebel- lious Principles, who have ever been declared Enemies to our moft excellent Constitution both in Church and State. Bb 2 It d 9 6) It is with great Satisfa&ion that we have ob- served Your Majefty's repeated Aflurances (on which we entirely rely) for the Protection and Support of the Church of England as by Law eitablifhed (fo much favoured and encouraged by Her late Majefty Queen Anne, of Glorious and Immortal Memory \ whereby (he endeared her fe.lf to her Subje&s) which Church, as it retains the greateft Purity in its Worfhip, fo it teaches fuch Doctrines, and profefTes luch Principles as are moil: confident with Your Majefty's Safety, the Peace of all Government, and the Preferva- tionof our happy Con.ftitutipp. ■ We therefore, taught by the Doctrines of this our "holy Church, do mo ft hnmbly affure Your Majefty, that we have the utmoft Abhorrence and Deteftation of aM feditious Rioters and tu- multuous Perfons, and their open and fecret Abettors, who do in the leaft encourage the Hopes of the Pretender \ and will continue our Endeavours to fupprefs and difcountenance the fame: And do further affure Your Majefty of our fteddy Adherence to your Royal Perfon and Government, againft the Pretender and all other Your Majefty's Enemies, at Home and Abroad. However," His Majefty was pleased to return the following moft gracious An.fwer. 7he Kings T Thank you for the feafon able Affurances you give Jxfywr. / ■ me in ibis J tincture i of your fteddy Adherence "- to my Perfon and Government. ' J am firmly refol'ved to protect, and encourage the Church of- England as by Law eft -ablified^ and to do every thing that may promote the Good of my People. * Tulv %-. The next * Day, the. Lord Mayor of London, ) 7 ' with a Train of above Fifty Coaches, went to St. James's, and prefented to His Majefty an Ad- dre r s of a different Strain and Spirit, being as fol- lows v To 097) To the KING'S Moft Excellent Majefty. Mtofs of the The Humble Addrefs of the Lord Mayor', and the Lieutenancy refl of your Majefty s Commiffioners of Lieut e- of the City of nancy for your City of London. London. Moft Gr adopts Sovereign , YOUR Majefty is fo ill treated by thofe who are unworthy of you, that we, Your Maje- fty's moft faithful and loyal Subje&s, cannot but think it our Duty at this Juncture, to diftinguifh our Zeal and AiFedion for your facred Perfon and Government, and give Your Majefty frefti Aflurances, that we will ftani by you, and ftrengthen your Hands againft your Enemies. We are not furpri^'d to hear that the Pre- teider is forming a Defign to invade Your Majc- fty's Dominions *, it was eafy to prefage, that the wicked Bargain which was lately made by the Betrayers of their Country, was intended to pave the Way for him, and toinfpire him with new Hopes and Encouragements \ and it was na- tural to exped, that thofe who had bought us* would lay hold of the firft Opportunity to fend over that Impoftor, to take poiieffion of us for their Ufe, and to govern us by Popifh Maxims and Arbitrary Principles. As the Mask of Faction is taken off, we fee that which was before even too grofs to be be- lieved ^ we fee Non-refifting Rebels, Paffive- Obedience Rioters, Abjuring Jacobites, and Frenchify d Englifhmen: Monfters which no Age or Country produced till now !. But we are not at all difcouraged at thefe things, we are perfuaded that they who could trifle with folemn Oaths, and difTemble with God and Man, can never proiper -, we truft, under Providence, to the Righteoulhets of our Caufe, and to the Wifdom and Virtue of Your Majefty and your Council. And as the wicked Defigns of ruining the beft Church, and the beft Confti- tution in the World, by bringing in Popery and Slavery, are now laid open, we do not doubt but d98J but that the Authors will be forfaken by their de- luded Adherents, and freely given up to the Ju- ftice of an injur'd Nation. It is Matter of Shame as well as Grief, to fee a Prince who left Peaceful Dominions and Faith- ful Subje&s, that he might make us happy and flourifhing, fo ill requited by an ungrateful Fa- ction j but we do afTure Your Majefty, that the Considerate and Honed amongft Your Subjects (which are a great Majority) know how to va- lue the BJefiing of a Good King. And we do, for our own parts, promife to fupport (as far as in us lies) Your Majefty's Crown and Dignity, and the Succeflion of your Royal Line, with our Lives and Fortunes, which Your Majefty came moft feafonably torefcue, when they were in the molt imminent Danger. TbeK^tigiAr,- His Majefty's moft gracious An ft was to this efTe&. faer. *T*HE feafonable Ztal you exprejs in this dutiful x Addrefs, h moft grateful to me \ and you may depend upon my conftant Endeavours to fecure to you, and to all my People, the Enjoyment of their * Auz ' 6th Rrt ; & or2 'i Liberty and Property. Mdrffslftbe ^ ome Time * after the following Addrefc njniverfny of w * s presented to His Majefty by his Grace the Cambridge. Buke of Somerfet, Chancellor of the Univerfity of Cambridge, attended by the Reverend the Vite-Chancellor, and feverai Mafters of Col- leges, with divers other Members of that Uni- verfity. The humble Addrefs of the Chancellor, Mafters and Scholars of the Vniverftty of C hambridge. Moft gracious Sovereign, WE prefume to appear in your Rcyai Pre- fence to teftifie our Zeal and ArFe&ion to your Perfon and Government, called to it by the juft Concern we are under from the Danger which threatens Your Majefty and your People -, a Danger in which not only the prelent Age, but even the lateft Pofterity is deeply concerned : For the liberty and eitablihYd Ke- ligion of Britain, as they have in Your Maje- ( *99 ) fty and your Family the bed, fo have they alio, in all human Views, the laft Support. In thefe Circum fiances we fhou'd forget not only our Oaths and Obligations, but even our felves and thofe who are deareft to us, ihou'd we not be forward to pay all due Allegiance to Your Majefty \ and thofe muft break thro' ali the Ties of natural AfFe&ion, who can now be guilty of the Crine of Treafon. While we enjoyed the Bleffing of oar late excellent Princefs (whofe Memory will be ever dear and facred to us) your Title to this Crown was always our fecond Care, as your peaceable Enjoyment of it is now become our firft ^ and wechearfully embrace tbirs Opportunity to declare to Your Majefty what we have conftantly profeft, That we do acknowledge Your Majefty for the only lawful and rightful King of thefe Realms ; and that we will, by all means fuitable to our Stati- on, maintain and fupport the Title and Jntereft of Your Majefty and your Family againft all Oppofers whatever. As Your Majefty has been fo gracious ss.fco promife that the Conftitution in Church and State %all be the Rule of your Government, an AfTurance which has made a lafting Imppef- fion on our Minds-, fo we heartily wifh tbac all your 'Subjects, led to a Senfe of their Duty by your Royal Example, may make the fame Conftitution the Rule of their Obedience. Such Confent is the natural Strength of Kiugd-dms, and wou'd defeat the Attempts and Hopes dE all our Enemies : And for our felves (whatever Reprefentations have .been made to our Preju- dice) we do allure Your Majefty, that we have and will fo initruft the Youth committed to our Care, that in their dutiful Behaviour to- wards Your Majefty they may fhew forth sa Example of thofe Principles of Loyalty find Obedience, which this Univerfity, purfiringthc Bofeines Doctrines of our Church, has ever Readily mairi : tained. To which the King return'd this moft gracious 7** Ki n i> >s Anfwer. Anfwer* y 'Thank you for this dutiful and loyal Addrefso X The Vniverpty may always depend upon my Fa- vour and Encouragement. •f Aug. i£th. The fame + Day the following Addrefs was ' prefehted to His Majefty, by Mr. Nathaniel Hodges, accompanied by divers Minifters of the feveral Denominations of Protefiant Diffemers, introduced by his Grace the Duke of Newcafile^ Lord Lieutenant of the County of Middlesex. . To the K IN Q's moft Excellent Majefty. Addrefs of the r ^ ot humble Addrefs of the Protefiant Difjenting ViQenting Minifters, of the feveral Denominations in and Mniflers. about the Cities of London \ and Weftminfter. May it pleafe Tour Majefty, E Your Majefty's moft loyal Subjects, think our felves oblig'd in Duty and Gratitude humbly to acknowledge that feafona- ble Protection which Your Majefty has beeq pleas'd to give to thole of pur Perfuafion from the late Rebellious. Tumults, and for your gra-r cious Anfwer to the Addrefs of your faithful Commons, wherein they defire that a full Com- penfation be made to thofe whofe Sufferings they fo juftly impute to their Zeal and firm Adherence to Your Majefty and your Govern- ment. We can aflure Your Majefty, that no juft Oc- cafion has been given by us to our Fellow-Sub- je&s for any fuch Treatment \ nor can the Prin : ciples which oblige us to diffent from the Church of England, be a reafonable Provocation to any who have the leaft regard to the CommonRights of Mankind, or the Rules of the Chnfiian Re- ligion We defire nothing more than to enjoy our Civil Rights, with a juft Liberty to profefs our own Religious Sentiments, which we take to be W 1 ( 201 ) Privilege due to all Men. We have been al- ways ready toaflift the Church of England \n defence of the Froteftam Religion, when in real and imminent Danger •, being agreed with them, and all Froteftam Churches, in thofe Principles that began the Reformation •, and which alone can juftifie and fupport it. When there has been a Defign to introduce Popery and Arbitary Power, the Froteftam Dif- femers have generally been firft attack d } nor know we any other Reafon why we have now fuffer'd the Outrage of Papifts, Nonjurors, and other difaffected Perfons, but that they were fure we were a Body of Men fix'd in our Duty to Your Majefty, and lay mod evpos'd to po- pular Infults, againft which Your Maj. and your Two Houfes of Parliament, in your great Wif- dom and Goodnefs, have given us a jfeafonable and we hope effectual Security for time tojcomej Wbilft Your Majeity's Government is di- fturb'd at Home, and threatned with an Invafi- on from Abroad, we can anfwer for thofe of our Perfuafion, that there are not any of them whofe Principles and Inclinations will not in- fluence them toaflift and fupport Your Majefty and the Protectant Religion to the utmoit of their Power •, we look upon our felves bound by the ftrongeft Ties of Duty, Gratitude and intereft, to acknowledge and maintain Your Majefty's undoubted Right and Title to the Im- perial Crown of thefe Realms, and to declare our utmoft Abhorrence of all Attempts either at Home or Abroad in favour of a Fopijb Pretender. May that gracious Providence that has fo fig- naliy appear ci in bringing Your Majefty to the Throne of thefe Kingdoms, continue to protect and defend your RoyalPerfon and f amily,ag r .i \\i all Attempts of your open and fecret Enemies. HisuMajefty's moil: Gracidus Anfwer was as follows : I Am very much concerned at the unchriftian and barbarous Treatment, which thofe of your ~ Ptrfnajion have met within fiver al Parts of my C c Kingdom ( 202 ) Kingdom, and Care Jhall be taken that a full Com- pen fat ion be made to them for their Sufferings. Many other AddrefTes were, during this Month, prefented to His Majefty, which, by reafon of the narrow Bounds of this Hiftory, cannot find a Place in it: We fhall only take no- tice, that the Univerfity of Oxfordhzd alfo pre- pared an Addrefs to be prefented to His Majefty *, but the Deputies they had fent up to London for that Purpole, were given to underftand, ' That 4 as they had (hewn a manifeft Difrefpedr to His c Majefty's Perfon and Government in all their * late Proceedings, fo His Majefty expeded they * fhould conviuce him of their Loyalty by their The Addrefs c A fc m ^ and not by Wwdi > Nor was this T / i ftar P Rebuke altogether undeferved ', for be- rejufe . |y eg ^ former undutiful Behaviour of fome Members of that learned Body, it is to be ob- Mw Biftur. i trw ^ t fa ti at thi§ veryjundure, fome Offi- + Aug' 27 CerS Wh ° raireCl Me " ^° r the neW Re S imentS °f T &• /• D ra goons, were -j- infulted by fome Scholars, and hardly efcaped with their Lives. On the 4th of Auguft, Their Excellencies, Meftieurs VJam Duvenvoirde and Van Borfele, Ambatfadors Extraordinary from the States- Jbe Sutes Ge- General of the United Provinces, had Audience tieral dschre f His Majefty, and in the Name of their Ma- tbeir Kexdi- fl- ers cleclareid, *■ That upon what had beencom- vefs tope*-- c municated t0 them on the Part of Hi3 Majefty, {ITemems touching the Invafion with which his Domi- vntb the Cr. ' ™ ons were threaten'd by the Pretender, Their o/Gr. Brit. \ C Hi 8 n MightinefTes had pafs'd a Refolution, c purfuant to which they had fent Orders to c the" faid AmbafTadors, to give His Majefty po- c iitive A(Turances,in the molt exprefs Terms, of c their conftant Readinefs fully to perform their Count Co- c Engagements with the Crown of Gre> t Britain, nnigfeck <,ome Days before, Count Coningfeck, the offers tbtKvng Emperor's Minifter, who was lately come over fome Impend irom the Netherlands ^ t0 fettle fome Points rcla- Sziments tin S t0 the Barrier, offer'd to affift His Majefty in Newport mtb forae Imperial Troops : gut the King and fent for over, * ( 20 J ) I thank yon for this dutiful and loyal Addrefs, and y oh may be affured of my Protection. his Council did not think the Danger fo preffing as to have need of Foreign Forces \ and there- fore contented themfelves with fending for the Two Engiiih Regiments of Foot that were in Garrifon in Newport , whofe Room was fupply'd by Imperialifts. The Parliament having readily concurr'd in all the neceflary Meafures to fecure HisMajefty s Proceeding of Dominions, the Commons thought fit vigorouily the Commons. to profecute the late Offenders. Accordingly, on Saturday, the 30th of July, Mr. Walpole re- ported from the Committee of Secrecy, c That * they had dire&ed him to exhibit fun her Arti- c cles of Impeachment of High Crimes and Mifde- l meanors, againft Robert, Earl of Oxford and Earl Mortimer, which he read in his Mace •, and F urt h er Artt- afterwards deliver'd them in at the Table, c jes a^iinj} where they were read. And a Motion being the Earl of made and the Queftion put, that the further Oxford reii Confideration of the faid Articles be adjourn'd c a \ and in Execution of his faid evil Coun- fels, he did further advife' Her 'Majefty to give Orders lor detaching feveral BatallionS of the forces then in the Service of Her Majefty, in Conjunction with her Allies in Flanders, and to fend the fame with a large Squadron of Men of War., on the faid Enterprize •, altho the faid Robert, E. of Ox-d and E. Mort-r, well knew, that the faid Project or Ex- pedition having been frequently deliberated on and maturely confiier'd, a Ihort Time before, in a Committee of Council, was then laid afide as dangerous and impracticable. And a De- mand being made at the Tyeafury, on or about the Months of 'May or Jane, 171 1, for the Sum of 28000 /. or.thereabouts, rn Pretence of Arms and Merchandife faid to be fent in the Jaid Expedition to Canada^ He the faid Robert, Earl of Oxford and Earl Mortimer, being then Lord High. Treafurer of Great Britain, and one of Her Majefty's Privy Council, tho'he well knew, or had Reafon tofufped, that the fame was an Uu/uft and Exorbitant Demand, and a great Abufe on Her Majefty and the Pviblick, and fach as ought not to have - been been comply 'd with, was not only wanting in his Duty to Her Majefty, in not giving his humble Advice againft the faid Demand, or at leait in not reprefenting to Her Majefty the Grounds of fuch his Sufpicion, but did, contrary to his Oath and his Duty,advife Her Majefty that the faid Sums fhould be iflued and paid,and did accordingly counterfign aWarrant to the Paymafter of Her Majefty's Forces, for the Payment of the fame, purfuant to which the fame was afterwards ilTued and received. And in further Violation of his Oath, his Du- ty and Truft, and with the molt corrupt Defign to prevent the Juftice , due to Her Majefty and the Na- tion, he the faid Robert, Earl of Oxford and Earl Mortimer, being then Lord High Treafurer of Great Britain, and exercifing a mod Unexampled Arbitrary Power, not only in Her Majefty's Private Councils, feut extending his Evil Influences to the Great Council of the Nation: After the faid Expedition had prov'dunfuccefsful, and it had been difcover'd to hirn the faid Robert, Earl of Oxford and Earl Mortimer, that the Nation had been cheated of above Twenty Thoufand Pounds on that Account, did moft ungratefully and corruptly employ his wicked Arts, and the Credit which he had gain'd, by his falfe and crafty Inft- nuations and Pra&ices, to keep the Houfe of Commons from examining that Affair. And in or about the Month ofyi^g.1714, in a Letter or Memorial, under his own Hand, to Her late Majefty, be did prefume, not only to infmuate the ill Opi- nion he therein pretended always to have had of the faid Ex- pedition, but did declare the Sufpicions he had of the great Injury and Abufe done to Her Majeily and the Publick, in the Demand of the faid 28000/, even at that Time, when the fame was made, and that the Publick had been cheated of above 20000 /. on that Account j and in the faid Memorial did prefume further to declare to Her Majefty, k That he was ' fotc'd to ufe all his Skill and Credit to keep the Houfe of - c Commons from examining that Affair the Laft Parliament, thereby vainly, but moll: wickedly, recommending bimfelf to the Continuance of Her Majefty's Favour, by the Succefs of his moft profligate Meafures. By all which unparallei'd Corruptions, and moft dangerous Counfels and Practices of Ilim the fail Ro'pert, Earl of Oxford and Earl Mortimer, the good and faithful Allies of Her Majefty were deprived of the Aid (206) Aid of Her Ma/efty's Troops, to which they were intitled by their Conventions, snd the Confederate Army in Flanders was greatly diminiih'd, to the apparent Advantage of the common Enemy. The public* Money, granted by 'Parlia- ment for reducing the Power of France, and which was ex- prefly appropriated for other fpecial Services, was arbitrarily and illegally misapplied and embezel'd, and an heavy Debtin- curr'd on theNation,not only fitting the Parliament, but even. inContempt and Defiance or a Reprefentation ma,ieby the H. of Commons to the Throne, even whilft the faid Expedi- tion was concerting, and whereby the hi»>heft In/uftice was done, in fuppreffing an Enquiry, fojuft to Her iMa/efty and ber People, and a lading Reproach and Scandal brought on that Houfe of Commons of which he boafted, as having been wrought on by his corrupt Influence, not to examine into fo bigh and fo fcandalous an Abufe. ARTICLE XVIIf. That the faid Robert, Earl of Oxford and Earl Mortimer, not contented with the high Employments and Places of Honour and Profit beftow'd on him by her late Majefty, nor with the large and exceflive Gains by him made by the In- comes and Profits of the faid Employments, on or about the Month of Otlob er, 1711, whilft the Nation was engaged in a moft expenfive VVar againft France and Spain, for pre- serving the Baliance and Liberties of Europe, and greatly exhauifcd with the Supplies and Taxes for carrying on the fame, and was under fuch heavy Debts as were importable to be fatisfy'd, without the utmoft Frugality or laying grievous Taxes upon the Commons of Great- Britain : Contrary to his Oath and his high Truil, and making a moft difhonoura- ble and ungrateful ufe of the ready Accefs he had to her late Majefty, did prevail on and advife Her Majefty to fign a Warrant to hirnfclf, being then Lord High Treaiurer of Great-Britain Jot the Ifluing and Payment of the Sum of Thirteen Thoufand Pounds to John Drummond, Efqj or his Afligns for fuch fpetial Services relating to the War as Her Majefty had directed \ And the faid Robert, Earl of Oxford and Earl Mortimer, vol or about the Twenty Fourth ofAV vember following in purfuance of the faid Warrant under: Her Majefty's Sign Manual, did fign a Warrant for the Payment of the iaid Thirteen Thoufand Pounds for fuch fpecial (207) fpecial Services of the War, as Her Majefty had directed, altho' no fpecial Services had been, or were at any time af- terwards directed by Her Majefty, to which the faid Mo- neys were tojbe applied. And the faid Robert, Earl of Ox- ford and Earl Mortimer, having privately defir'd leave of the faid Drummond to ft r ike fome Tin Tallies in his the (aid Dritmmoruh Name, he did purfuant thereto, direct that Orders amounting to the Sum of Thirteen Thoufand Pounds ihould be charg'd in the Regifter of the Exchequer on the Moneys arifing by the Sale of Tin in the Name of the faid John Drummond ; And tho' the fame were accordingly ftruck in the Name of the faid Drummond, in or about the Month of November Seventeen Hundred and Eleven, they were not deliver'd out to the faid Drummond, but were kept in the Treafury-Chamber, or elfcwhere in the Power or Cufto- dy of the faid Earl, till the End of January following ^ when the fSid Drummond having occafion,as the faid Robert, Earl of Oxford and Earl Mortimer well knew, to go into Holland, at the defire and requeit of the faid Earl, be in- dorsd his Name on the faid Orders, and by the Direction of the faid Earl the lame were left in the Hands of Mr. John Taylour a Clerk of the Treafury ; And the faid Robert, Earl of Oxford and Earl Mortimer did in or about the Month of Jane, Seventeen Hundred' and Twelve, lend aa Order in Writing to the faid Mr. Taylour to deliver the faid Tallies, (he having before that Time got Poflellion of the Orders J to a Servant of the faid Earl, which was done accordingly, the faid Indorfememsnot being at that Time fill'd up: And the laid Robert, Earl of Oxford and Earl Mortimer having by thefe corrupt and fcandaious Methods got the faid Tallies and Orders into his own Hands, did afterwards ill up the Order of Twelve Thoufand Pounds, part of the faid Thirteen Thoufand Pounds to hhnfelf, and the remaining Part to fuch other Perfons as be thought fir, Ani did afterwards on or about the Months of Anvjtft, Oliober and November Seventeen Hundred and Thirteen, at feverai; Times dilpofe of the faid Orders and Tallies to his own private life and Advantage. And to cover the faid fcandaious Embezeiments. be the faid Robert, Earl of Oxford and Earl Mortimer, did afterwards, as he pretends, advife and prevail on Her Majefty, on or about the Fourteenth of Dtce/nber (so8) December, Seventeen Hundred and Thirteen, being near Two Years after the Indorfement by the faid Drummond, and fome Time after the Earl had difpos'd of the faid Orders and Tallies to his own ufe, to Sign a Warrant prepar'd by himfelf wherein after the Recital of i (His own good and faithful Services, which had tended to the Quiet, Safety and Profperity of Her Majefty and her Realms, tho' ac- companied with great hazard to himfelf, and his Family •, and that Her Majefty was refolv'd to beftow upon him a Sum of ready Money: But the faid Earl re- prefenting to Her Majefty, that the Arrears then due to her Servants and Tradefmen were very great and prefting, Her Majefty did therefore agree and determine that he fliould have to his own ufe the faid feveral Sums amounting to Thirteen Thoufand Pounds compris'd in the Orders aforefaid, which were then notdueincourfe ofPayment,) It wasdire&ed that the faid Drnmmond fhould amgn the faid Orders, and the whole Right and Benefit thereof to the faid Earl and his Aftigns •, Altho' the faid Earl had privately and clandeftinely procur'd from the faid Drnmmond an align- ment of the faid Warrant and Orders near two Years be- fore, and had fraudulently and corruptly difpos'd and con- verted them to his own ufe without her Majefty's privity of confent, fome time before her Majefty was prevail'd on to fign the faid Warrant. And tho' the laft mentioned War- rant, if any fuch there be, was not communicated to the faid Drnmmond by the faid E. during her Majefties Life, nor was the fame counterfign'd nor entred in the Treafury, yet he the faid Robert Earl of Oxford and Mortimer, even after his faid Corruption had been difcover'd in Parliament, did prefume, even without the Knowledge ofthe faid Drnmmond, to fend the faid Warrant to the Commiftioners of his Ma- jefty's Treafury, defiring that the fame miiht then have been entred in the Treafury •, but the fame was with great Honour and Juftice refus'd to be fo entred. By which moft vile and fcandalous Corruption, he the faid Robert Earl of Oxford, and Earl Mortimer was guilty of the moft notorious Breach of his Oath and Truft as Lord High Treafurer of Great Britain, of the higheft Abufe of her Majefties Goodneis, and Embezelment of her Treafure, and of the greateft Injuftice and Oppreffion of other her Ma- jefties Subjects. ARTI- (209) ARTICLE XIX. That whereas by the eftablihYd and known Laws of this Kingdom, the Allowances or Appointments for the Mainte- nance and Support of EmbafTadors, Envoys, Plenipotentia- ries, and other Publick Ministers of the Crown in Foreigri Courts, ought to be afcertain'din due Form of Law, ?s well in Honour as in Juftice to the Imperial Crown of thefe Realms, and whereas the fold Robert, Earl of Oxford arid Earl Mortimer , in or about the Nkmth of July or Augitft^ 1712, fent Matthew Prior, Efq-, an lnftrument and Creature of his own, into France, for the carrying on his Separate and dangerous Negotiations *, and did afterwards, in the Month of November, 1712, by his evil Councils prevail on Her late Majefty, without the Privity of, or any Communication with her Allies, to fend the (aid Matthew Prior as Her Ma- jelly's Plenipotentiary to the French King, with Inftrudtions to treat and conclude Matters of the Mgbeft Importance, re- lating to the general Negotiations of Peace ; but the fame was a treacherous and wicked Contrivance of him thefaid Robert^ Earl of Oxford and Earl Mortimer, for the more effectual carrying on and promoting his private, feparate, and dange- rous Practices, with the Mimfters of Ffance, and the Ene- mies of Her Majefty and her Kingdoms, he the faid Robert, Earl of Oxfordzxid Earl Mortimer, not regarding his Oath, or his high Truily or the Laws of the Kingdom, did molt corruptly and {c'andaloully combine With' the laid Matthew Prior for the defrauding Her Majefty of very great Sums, un- der tbe-Colour of his faid Employments in France-, and to that End, the laid Earl' did contrive that the faid Pr ; br fhould be fent into France, with -the Chara&eraforefeld, but with- out any Settled Appointments and Allowances', but in the ftead and lieu thereof, -he the faid Roten, Earl of Oxford and Earl Mortimer^ did giVe the faid Matthew Prior an Unlimited Credit, and did proroifeto ahfwer andpayfuch Eills as the faid Prior li ould draw* on him during his Refidence in France; Purfuant to which Contrivance and corrupt Agreement, he the faid Matthew Prior did between the 27th of Aupufi, in the Year 1712, N. 3. or thereabouts, and the Tenth of July 1714. at feveral times draw Bills of Exchange, to the amount of Twelve thoufand three hundred and fixty Pounds, or thereabouts, on .him the faid Robert Earl of Oxford and Earl Mortimer , which he being then Lord Hi&h Treafurer D d of (no) of Great Britain, did advife and prevail on Her Majefty to fign Warrants for the Payment of, and did counterfign the fame, altho' the faid Prior was no way intituled to any fuch Allowances by reafon of his faid Employment, and the fame greatly exceeded the Allowance even of an Am- bafTador of the Crown of Great Britain. And the faid Robert Earl of Oxford and Mortimer, did in the Years 1712, 17135 and 1714, without any Colour of Authority, but for the further promoting his corrupt and wicked Pur- pofes, prevail on and acrVife Her Majefty to fign Warrants, which were counterfignd by himfelf for the Payment of the Sum of Five thoufand five hundred and fixty Pounds, or thereabouts, to the ufe of Thomas Hurley, Efqj a near Relation and EmifTary of him the faid Robert Earl of Oxford and Earl Mortimer, out of the Moneys appropriated to the ufe of Her Majefty's Civil Lift, and did, in like manner, at feveral times in the Years aforefaid, moft illegally, frau- dulently and corruptly IfTue or Director advife the Diredi- on and Payment of feveral other large Sums of Money, to other Perfons out of Her Majefty's Treafury : By which moft illegal and fcandalous Management the faid RobertE. of Ox- ford and Earl Mortimer has introduc'd a Practice highly prejudicial to, and utterly incontinent with the Conftitu- tion of this Kingdom, and of the moft pernicious Confe- rence, by opening a way for the moft dangerous Corrup- tions \ and was not only guilty of a notorious Breach of his Oath, but enter'd into the moft bafe and fcandalous Combination with the Perfons above mentioned, and others, tinder Pretence and Colour of promoting Her Majefty's Ser- vice, to defraud Her Majefty of the Publick Money, which he was intruded with the Management of, for the Support of the honour and dignity of the Crown. ARTICLE XX. That whereas the Revenues arifing to the Crown from the hereditary Excife and Poft Office, or fome parts there- of, were by virtue of Letters Patents of the late King James II. charged with and made liable to certain Annui- ties or Yearly Sums, in Truft for, or to the Ufe of, Mary the Confort of the faid King James II. But the faid Re- venues were afterwards by feveral Ads of Parliament granted and fettled for the Support of the Royal Houfehold, and of r an; of the Honour and Dignity of the Crown ; or for other publick Ufes, without any faving or exception of the faid Letters Patents. And whereas by an Ad: made in the twelfth Year of her late Majefty's Reign, the Sum of Five hundred thoufand Pound was granted to her late Majefiy for the difcharge of divers Arrears of Salaries, Diet Mo- nies, and other Allowances, and fundry Debts for Pre- emptions, Provifions, and other Caufes, which had then incur'd and grown due to her late Majefty's Servants, Tradefmen, and others, and were occafioned by feveral ex- traordinary Expences fince the Ad for the better fupport of Her Majefty's Houfehold, and of the Honour and Dignity of the Crown : And the (aid Sum ot Five hundred thoufand Pound was exprefly appropriated to the Ufes aforemen- tion'd, in Aid of the faid Revenues or Branches which were appointed for the Support of Her Ma/efty's Houfe- hold, and of the Honour and Dignity of the Crown : And whereas by an Ad made in the thirteenth and four- teenth Years of his late May'efty King William III. It was Enaded, for preventing Traiterous Correfpondence between his Majefty's Sub/eds and the pretended Prince of Wales or his Adherents*, l That if any of the Sub;eds of the c Crown of England from and after the firft Day of March c 170,1. ftiould within this Realm or without, hold, enter- 4 tain, or keep any Intelligence or Correfpondence in Per- son, or by Letters, MeflTages or otherwife, with the faid i pretended Prince of Wales, or with any Perfon or Perfons 4 employ'd by him, knowing fuch Perfon to be fo employ'd, c or fbould by Bill of Exchange or otherwife, Remit or Pay 5 any Sum or Sums of Money for the life or Service of the c faid pretended Prince of Wales^ knowing fuch M,oney to be , for fuch U(e or Service, fuch Perfon fo offending being 4 lawfully convided, fhould be taken, deemed and adjudged c to be guilty of High Treafon, and fhaU fuffer and for- 1 feit as in Cafes of High Treafon. He the faid Robert Earl of Oxford and Earl Mortimer, having by the means of the faid Matthew Prior, held a private and unlawful Corref- pondence with the faid Confort of the late King James 11. then rending in France, and being determined lecretly to jromote as far as in him lay, the lntereft of the Pretender, ut yet contriving to avoid the faid Penalty of High Trea- D d 2 fen j f 212 ) fan *, And the faii Confort of bis late Majefty King James 11 having empower'd Abbot Gaultier fa Popifh Priett,and bufy Erniflary between Great Britain and France, during the faid private and feparate Negotiations of Peace, and who was particularly entrufted as the Common Agent between the Mimfters of Great Britain and France, in tranfafting the tnoft fecret Affairs relating to the Pretender,) to concert with the faid Robert Earl of Oxford and Earl Morti- rner the fettling the Payment and Remittance of a very creat Yearly hum out of Her MAjeftyV Treafure into Trance, under colour and pretence of the faid Letters Patents \ And the faid Robet Earl of Oxford and Mortimer, having held frequent clandeftine Conferences with the faii Abb. Gattltier on the Subject aforefaid, and having by his evil Counfels facrificed to France the Common Interefts of Europe ; and being refolved that the firft Fruits of the Peace with France, fhould be an offering made, by his immediate Procurement, to the neareit and moil avowed Adherent of the Pretender, tho' at the great expence of the honour and Safety of Her Majefty and Her People, did (oon after the Conciufion of the Peace with France, agree and undertake to procure the Payment of the Yearly bum of Forty Seven Thousand Pounds and upwards to or for the ufe of the faid Confort during her Life. And in Execution of his faid pur- pose did afterwards on or about the 23d of December, 17 13. being then Lord High Treafurer of Great Britain, and of tier Majefty 's Privy Council, advife Her late Majefty to fign a Warrant to himfelf in the Words, or to the effect following, Qviz,*) Ann R. Whereas oar late Royal Father King James the Second, by Letters Patents under' his Great Seal, bearing date, on or about the iZth Day of Auguft, 1685. did Grant unto Laurence Earl of R.ocheiler, Henry Earl of Peterborough, Sidney Lord Godolphin, Robert Wor- den, Efa; and Sir Edward Herbert Knight } ( who are all fine? deceafed) Divers Annuities, or X early Sums amounting to Thirty Seven Theufand Three Hundred and Twenty Eight Poinds Thirteen Shillings and Seven Pence, to hold to them and their Heirs during the Life of his then Royal Confort, Mary now Queen Dowager in Trufl for her } and by other Letters Patents bearing date on or about the $d Day of De- cember, 1686. did alfo Grant unto the faid Queen, a far- ther Pen fan or 7 "early Sum of Ten Thou f and Pounds to hold * during during her natural Life t all which were made payable in fitch manner as in the [aid federal Letters Patents is more fully expreft. Our Will and Pleafure now is, and we do hereby Direct , Authorise and Command, that you caufe Payment to be made to the Heirs of fuch of the faid Truftees as was the longeft Liver of them, of fo much as (ince the 25th Day of March laft, 17 13. is incurred or grown due on the faid Annuity or Tearly Sums amounting to Thirty feven thoufand three hundred twenty eight pounds thirteen (hillings and feven Pence^ and to the faid Qiieen Dowager or her Aligns of fo much as fine e the faid 25th of March laft, 171$. is incurred Qr grown due on the faid Annuity, of Ten Thoufand Pounds, according to the purport of the fever al Grants, or Letters Patents above recited, as alfo of what (hall hereafter become due and payable upon the faid feveral Annuities Ojtarterly, during the Life of the faid Queen Dowager, and for fo doings this jhall be your Warrant given at our Court at Windfor, Caftk the 2xdDay of December 1713. in the Twelfth Tear of our Reign. And he did, afterwards, on or about the 24th of December following, fign a Warrant to the Audi- tor of the Receipt of her faid Majefty's Exchequer, re- quiring bim to make and pafs Debentures for paying to 4 fuch Perion or Perfons, as is, are, or fhall be authorized 4 to receive the Sum of Nine thoufand three hundred 4 thirty-two pounds three (hillings and four pence three * Farthings for one Quarter incur'd upon the faid feveral * Yearly Sums therein mentioned from Lady Day to Mid' 4 fummer following, and appointed the fame to be fatisfied 4 out of the Sum of Five hundred thoufand Pounds appro- 4 priated by an Ad patted the laft Seffion of Parliament, 4 for or towards payment of fuch Debts and Arrears as 4 were therein mentioned. And another Warrant to the 4 faid Auditor to make and pafs Debentures for paying to 4 faid Queen, or to Her Treafurer, or Receiver, the Sum of c Two thoufand five hundred Pounds, for one Quarter in- * cur'd on the faid Penfion of Ten thoufand Pounds from 6 Lady Day 17 13. to Midfummer then laft paft, and ap- * pointed the fame to be fatisfied out of the Sum of Five 4 hundred thoufand Pounds appropriated by an Ad patted the 4 then laft Seilion of Parliament, for or towards payment 5 of fuch Debts and Arrears. 3s were therein mentioned \ Whereby rsi4 ; Whereby the faid Robert Earl of Oxford and Earl Mor- timer, did moft wickedly betray the Honour of her late Majeity and the Imperial Crown of thefe Realms in advifing her Majefty, under Colour of the faid Letters Patents, and without the Advice of her Council or her Parliament, to direct the lflfuing of the Revenue provided by Parliament, for the Support of the Honour and Dignity of her Crown, to the ufe and benefit of the open and avowed Adherents of the Pretender. And did molt Arbitrarily, Illegally and Corruptly advife the Imbezelment and Mifappiication of fo much of the faid Sum of Five hundred thoufand Pounds, in contempt and defiance of the Exprefs Appropriation of an Ad of Parliament. ARTICLE XXI. That whereas by the antient and undoubted Laws of this Kingdom no Perfon being a natural born Subjed of this Realm, or within any of the Dominions thereunto be- longing, and having committed and being under the Guilt- of High Treafon, ought to be receiv'd within this King- dom, as a publick Minifter, or with any Charader from any Foreign Prince, State, or Potentate^ And whereas foraetime in the Year 171 3. one Patrick Lilech, ftiling him- felf, and commonly call d, Sir Patrick Lawlefs, an Irifb Pa- pift, (who had ferv'd with the late King James the Second, in the War in Ireland, againft his late Majeity King Wil- liam the Third of ever glorious Memory, had followed the {aid King James into France, andcontinu'd in the no 1 open arid avowed manner, in his Interefts and Service, and in Rebellion againft his faid Majeity King William, had bore bigb Commiffions, and been in open Arms againft Her late Klajefty Qaeen Anne in the late War in Spam,) did come into this Kingdom, and pretended to have and did take on himfeli the Charader of a Minifter fent from Philip King of Spain, to Her late Majefty., to treat of Matters of the greateft Importance to the Honour and Safety of Her Ma- jefty and Her Kingdoms, and having given notice of the fame to Robert Earl of Oxford and Earl Mortimer, then Lord High Treasurer of Great Britain, and of Her Ma-" ;efty's Privy Council, and who then affumed to himfelf the supreme Diredion in her Majelly's Counfels, He the faid Robert Earl of Oxford and Earl Mortimer was not only wanting (215; wanting in bis Duty to Her Majefty, in not advifing Her Majefty againft receiving and admitting the faid Lilech 7 alias Lawlejs in the Quality aforefaid, but did, together With other falfe and evil Councilors, advife Her Majefty to receive and admit him as a Minifter from his faid Ca'tbo- lick Majefty. And the faid Earl did prefume frequently to Meet, Confer and Negotiate the moft important Affairs of this Nation with the faid Lilech alias Lawlefs, in the Quality aforefaid. And the better to conceal his faid illegal and dangerous Meafures from Her faid Majefty, he the faid Robert Earl of Oxford and Earl Mortimer, was privy, confenting and advifing that the faid Lilech alias Lawlefs fhould be introduced to her faid Majefty, and fhould be received and treated with, by Her Minifters, under the falfe and difguifed Name of Don Carlo Moro. And the Houfe of Lords, fometime in the Month of April, 1714. having taken notice of the faid dangerous Attempt of the laid Lilech alias Lawlefs, on or about the Ninth of the faid Month, made. an humble Addrefs to Her Maje- fty, 'That She would be gracioufly pleafed to ifFue 4 Her Royal Proclamation, commanding all proper Offi- c cers and Magistrates to make diligent feareh for, and * to apprehend all Popilh Priefts, and to put the Laws in 4 execution againft them, and likewifeto enquire after, and 4 apprehend all fuch Perfons as had ferved in Arms aaainft 1 Her Majefty, or their lateMajefties ^.William and Qaeen c Mary,-*t\& who were then within this Kingdom, contrary * to Law, to the end they might be brought to Juftice \ Co * which her Majefty was gracioufly pleafed to return an * Anfwer to the effect- following, viz.. That fie would give Orders purfuant thereunto, and a Proclamation did accordingly ifTue j And on the faid Ninth Day of Aprils the Houfe of Lords having under their Confideration what Jurther Security could be provided for ftrengthening the Proteftant Succeflion in the Houfe of Hanover, came to the following Reiolution, viz.. That no Perfon, being a natural bom Subject of Great Britain, or within any of thi Dominions thereunto belonging, and who having traitermfly ferv'd againft her Majefty, ought to be received as. a PMick JAinifter, or with any Char abler within this Kingdom , Not- withftanding which, he the faid Robert Earl of Oxford &nd~ Earl Earl Mortimer, having no regard to the Safety of He£ Majefty's Perfon, or to the Security of the Proteftant Sue- cefiion, and fetting himfelt in utter Defiance, not only of the Advice and Refolution of the Houfe of Lords, but of Her Majefty's Aflurances to that Houfe ot Parliament, and of her Royal Authority and Command by Her Proclamation under the Great Seal *, inftead of doing what in him lay to have apprehended and brought or caufed the faid Lilech alias Lawlefs to be brought to juftice, did afterwards, on or about the 15th of March, 1774 moft wickedly and trea- cheroufly advife Her Majefty to fign a Warrant, directing the Payment of One thoufand Pounds Sterling to Dan. Ar- thur, Efq-, for fpecial Services, which being accordingly ifTued and received by the faid Arthur, he the faid Earl did pri- vately and corruptly dired the faid Arthur to pay the fame, and accordingly the faid Thouland Pounds was paid to the ufe of the faid Lawlefs -, And the (aid Robert E. of Oxford and E. Mortimer did at other Times, in a fictitious and fcan- dalousmanner,dire&the Payment of other confiderable Sums of Money out of Her Majefty's Treafure. to the faid Lilech alias Lawlefs, which were accordingly paid to him ; altho' it was notorious, that the laid Litech alias Lawlefs had not only traiteroufly ferv'd in Arms agiinft Her Majefty, but had been the Minifter and Agent ot the Pretender, at the Court of Madrid, and was under ftroog Sufpicions of be- ing fent into England under the Pretences aforefaid, fecretly to promote the Intereft of the Pretender in thefe Kingdoms. By all which Corrupt and Evil Councils, he the faid Robert E. of Oxford and E. Mortimer did moft bafely and ungrate- fully expofe the Perfon of Her sacred Majefty, did what in him lay to enervate and render ineffectual the Advice of Parliament, and Her Majefty's moftfolemn Declarations, in a matter of the neareft Concern to Her Majefty and Her Kingdoms, and by countenancing, in the moft Corrupt and fcandalous Manner, the fecret EmifTaries of the Pretender, did, by that means, greatly encourage his open Adherents, to the apparent Danger of the Proteftant Succeftion to the Imperial Crown of thefe Realms. ARTICLE XXII. That whereas Her late Majefty Queen Anne, after fe* veral unfaccefsful Attempts, in Conjunction with Her Allies^ to (*il ) to eftablifh his prefent Imperial Majefty on the Throne of Spaln y being inform'd, that the People of Catalonia were inclined to call off the Yoke impos'd upon them by the French, and to return to the Obedience of the Houfe of jiuftria^ and Her Majefty being defirous to maintain and improve that good Difpbfkion in them, and to enduce theiri to put the fame fpeedily in Execution, did fend Mitfofd Crorp, Efq^ to them, with neceffary Powers and InftruftiorS to carry on (o great a Work, for the Advantage of Her Service, and the good of the Common Caufe *, and to rhac End, to treat with the Catalan, or any other. People of Spain, about their coming into the Intereft of King Charles the Third, his prefent Imperial Majefty, and joyning with Her Majefty and Her Allies againft the Common Enemy % And Her Majefty, after Her gracious Affurances to aiitifc them with Men and Money, was pleafed to authorize Her faid Minifter to give them Her utmoft Affurances to pro- care the Eftablifrment of all fuch Rights and Immunities, as they had formerly enjoy'd under the Houfe of Anllria y that for their further Satisfaction, fhe had fent for Powers from King Charles the Third, for confirming the fame, and was willing to become Guarantee, that it fhould be done : Neverthelefs on this exprefs Condition, that *:hey ihould receive the faid King Charles as lawful King of Spun, and utterly renounce the Houfe of Bourbon. And, together with the faid Inftruftions, Her Majefty was plea; d to vSign and caufe to be deliver'd to Her faid Minifter, Credential Let- ters to the Nobility, Magiftrates, and all other Officers Civil and Military of Catalonia, deflring them to depend on the Promifes, he Ihonld make them in Her Name. And in Her Majeftys Inftructions to the Earf of Fetefbor*ugh< and to Sir Cloud. Shovel, in or about the Month of May 1705. they are order'd to ufe their utmoft Endeavours to induce the Catalans to joyn with tftem in their Undertaking, and to aP fure them of Her Majefty's Support, and to promife them, in the Queens Name, that fhe would fecure them a Confirms* tion of their Rights and Priviledges, from the King of Spam^ that they might be fettled on a Fatting foundation, to them and their Pofterities. And in cafe Perfwafions ihoull not: prevail, and the Catalans fhould not make a fuitable Return to thofe kind Offers, they were order'd to annoy their Towns on the Coafts otSpain, and to reduce them by Force, E e And,' LhtJ And, in Conformity to thefe Inftru&ions, a Manifesto or Dcciar nion was prepar'd, by the Privity and Advice of Robert Karl of Oxford and Earl Mortimer, then one of Her Majeity\ Principal secretaries of State, and deliver'd to the (aid Earl of iewrborougb, full, on the one Hand, of theAf- furances aforementioned, and on the other hand, of Me- naces t j them, in caie they declined Her Majefty's Overtures, which Mumfcfto was afterwards publifh'd by him the faid Earl of Peterborough in Catalonia \ And, whereas the Nobi- lity, Clergy, and the whole Principality of Catalonia, and the Inhabitants of the lile of Majorca, relying on the Faith of thofe Royal affurances, did utterly abandon the Houfe of Bourbon, and acknowledged King Charles the Third his prefent Imperial Majefty, for their lawful Sovereign, and did joyn their Arms with thofe of Her Majefty and Her Allies againit the Duke cf An\ou \ And it having pleated Almighty God, fo far to Blefs Her Majefty's pious and ge- nerous Undertaking, as by moil fignal SuccefTes, in a fhort time, to deliver the Principality of Catalonia, from the heavy Yoke of French Bondage \ and great Supplies having been granted by Parliament, for the reducing the whole Kingdom of Spain to the Obedience of the Houfe of Auftria, the Arms of Her Mayefty and Her Allies were attended with vaft SuccefTes, having twice enter'd the Capital City of that Kingdom, and obtain'd many other Signal Conquefts, to the great Advantage of the Common Caufe. And thro* the whole Progrefs thereof, the Bravery and Firmnefs of the Catalans being always remarkable, thereby, as well as from the repeated Affurances given to them, from time to time, in Her Majefty's Name, by every General and Minifter fenc from Great Britain to Spam, the Hearts of that Brave Peo- ple were united by the ftrongeft Tyes of AfTedion and Gratitude to Her Majefty, and were juffly held in the ftri&eft Dependa..cc on the Continuance of Her Royal Pro- tection : He the laid Robert Earl of Oxford and Earl Mor- timer, being an Enemy to the Common Liberty of Europe, and having traiteroulty enter d into Confpiracies with the Minifters of France^ tor lubjedingthe whole Spanijh Monar- chy to the Houfe of Bounoor^ and defigning, moll malicioufly, the uuer Rum and Dettrudion of the antient Rights, Liber- ties and Privileges of che Catalans, who had made fo glori- ous a stand for the Preservation of them, did, together "*" - -- - - ^jig (219) with other falfe and evil Cpunfellors, form a moft difhq- nourable, wicked, and cruel Contrivance, not only for aban- doning the Catalans to the Fury and Revenge of the Duke of Anjott and his Adherents, but for the final Extirpation of all their Rights, Liberties, and Priviledges : And in Exe- cution of that his Intention, during the private, feparate, and pernicious Negotiation of Peace, which was carry'd on be- tween him and the Minifters of France, and before any Ne- gotiation of Peace was kt on Foot, in due form of Law, be- tween the Crowns of Great Britain and Spain, did advife Her Majefty to give Directions to the Lord Lexington Her AmbafTador to the Court of Spain, to acknowledge the Duke of Anjon King of Spain, but was greatly wanting in his Duty to Her Majefty, in not advifing Her to give Inftrudi- ons to Her faid Minifter, at the fame time, peremptorily and abfolutely to infift on the fecuring the Catalan Liberties at the Conclufion of the Peace. And, altho' the private,feparate, and treacherous Practices of him the faid Robert Earl of Ox- ford and Earl Mortimer, and others, in Combination with the Minifters of France, did afterwards, on or about the \fy.b of March 1712. neceflitate his prefent Imperial Majefty to conclude a Treaty for the Evacuating Catalonia, (whereof Her Majefty was Guarantee,) without any exprefs and pofi- tive Stipulation for the Catalan Liberties, (his Imperial Ma- jefty relying, in that refped, on Her May'efty's Declaration, to interpofe for them in the moft effectual manner, and on the Promifesof the French King to joyn his Endeavours for the fame Purpofe,) And, altho' Her Sacred Majefty did, both before and after, frequently declare to Her Minifte'rs in Spain 9 that fhe thought her felf under the ftrongeft Tyes of Ho- nour and Confcience, not to abandon a People, whom the neceftity of the War had obliged Her to draw into Her In- tereft. And, tho' the French King did not joyn his Endea- vours for the Purpofes aforefaid : He the (aid Robert Eai \ of Oxford and Earl Mortimer, together with other falfe and wicked Counfellors, having from time to time amufed and deceived the diftreft Catalans, with groundlefs Hopes of Her Majefty's efTe&ual Interpofitions, in their Favour, and there- by engaging them in a more obftinate Defence of their Ter- ritories again ft the Duke of Anjou, was not only highly wanting in his Duty to Her Majefty, by not doing what in him lay, as a faithful Minifter, to have prevented the Con- Ee 2 clufion (22o) duGon ol the Treaty of Peace with Spain, till j'uft and ho- nourable Conditions were fecured for the Catalans, but did fallly, malicioully, and treacheroufly,advife Her Majcfty, to Conclude a Peace w r ith the King of Spain, without any Se- curity tor the antient and juit Rights, Liberties, andPrivi- kdges, of that Brave, but unhappy Nation j And did fur- ther advife Her Ma;efty to fend Sir James iVijhart, Her Ad- miral, with a large Squadron of Men of War, at a great Expence, to favour the King of Spain in the Siege of Bar- it\o*a, the Capital Ciry of Catalonia, and with exprefs In- ftru&ions, that, in Cafe the Inhabitants of Majorca, fhould refufe the Terms that fhauld beofFer'd them by the Duke of jinjon, to employ his Squadron in Countenancing and Afli- fting all Attempts, that flhould be made for reducing them to a due Obedience. By which moft vile and deteftable Coun- fcls, Her Sacred Majcity, contrary to Her Pious Intentions, the Faith of Nations, and the Duties of Religion and Huma- nity it felf, and contrary to her moft folemn Aflurances, was prevail'd on, to abandon a diftreft People, drawn in, and engaged, by Her own Invitation, into an open War with the Duke of Anjou, for the Prefervation of the Liberties of 'Europe^ and the Commerce of Great Britain, And the Per- (ons, Eftates, Dignities, Rights, Liberties, and Priviledges of iht Catalans, were given up as a Sacrifice, to the implaca- ble Refentment of their enraged and powerful Enemy *, and the Honour of the Britijh Nation, always renown'd for the Love of Liberty, and for giving Protection to the diftrefs'd AfTertors of it, was moft bafely proitituted,and a free and generous People, the faithful and ufeful Allies of this King- dom, were betray'd,in the moft unparralell'd manner, into irrecoverable Slavery : And, in Confequence of which moil ^Ji ("honourable and perfidious Counfels, the moft execrable Hoftiliries. Burnings and Plunderings were committed upon them, throughout the whole Province, without fparing the effufion of Innocent Blood, and without the diftin&ion of Age or Sex; and that unfortunate People were afterwards fore'd to undergo the utmoft Miferies of a Siege, in their Ca- pital City of Barcelona, during which, great Multitudes of them perifrK-d by Famine and the Sword*, many of them have fince been Executed : And great Numbers of the Nobility of Catalonia, who for their Conftancy, and Bravery, in defence of their Liberties, and for their Services in Conjunction with ( 22i ; with Her Majefty and Her Allies, had, in all Honour, Juftice and Confcience, the higheft Claim to Her Majefty 's Pro- tection, are now difperfed in Dungeons, throughout the Spanifh Dominions •, and not only the Catalan Liberties Ex- tirpated, bur, by thofe wicked Counfels of him the (aid Ro- bert Earl of Oxford and Earl Mortimer? Catalonia it felf is almoft become Defolate. All which Crimes and Mifdemeanors were committed, and done by him the faid Earl, apainft our Sovereign Ladv the Queen, her Crown and Dignity, the Peace and Intereft of this Kingdom, and in Breach of the feveral Trufts re- pofed in him, the faid Earl. And he the faid Earl of Oxford and Earl Mortimer was one of the Commifiioners of the Treafury, or Lord High Treasurer of Great Britain, and one of Her Majcfty's Privy Council, during the time that all and every the Crimes be- fore fet forth were done ani committed. For which Matters and Things, the Knights, Citizens, and BurgefTes of the Houfe of Commons in Parliament afTembled, do, in the Name of themfelves, and of all the Commons of Great Britain? impeach the faid Robert Earl of Oxford and Earl Mortimer of Hi-h Treafon, and other High Crimes and Mifdemeanors in the faid Articles contained. And the faid Commons by Proteitation laving to themfelves the Liberty of exhibiting at any time hereafter, any other Accufations or Impeachments againft the faid Earl, and a!fo of replying to the Anfwers, which the faid Robert Earl of Oxford and Earl Mortimer fhall make to the Premifes, or any of them, or to any Impeachment or Accufation, that fhall be by them exhi- bited, according to the Courfe and Proceedings of Parlia- ment, do pray, that the faid Robert Earl of Oxford and Earl Mortimer be put to anfwer all and every the Premifes ^ and that fuch Proceedings, Examinations, Tryals and Judg- ments may be upon them, and every of them had and ufed, as fhall be agreeable to Law and Jultice. And they do fur- ther pray and demand, That the faid Robert Earl of Oxford and Earl Mortimer may be (equeftred from Parliament, and forthwith committed to fafe Cuftody. On the 4th of Aa^itft, Mr. Walpole from the Committee of Secrecy acquainted the Houfe, That the Committee had in Obedience to the Commands of the Houfe, prepa- red Ankles of Impeachment of High-Treafon, and other High (222) High Crimes and Mifdemeaners againfi Henry Vifcount B&lingbrokc j and that the Committee bad commanded him, at the fame Time, to acquaint the Houfe, That they fhall, in a ihort Time, have further Articles to lay before the Houfe a- gainft the faid Vifcount \ and that the Commit- Ihe Articles tee had directed him to report the Articles, al- of )mpeacb< ready prepared to the Houfe. Then Mr. IVal- wtnt agawji pole read the faid Articles in his Place, and af- tte Urd Yt. terwards deliver'd them at the Table where Bol l ng . they were once read, and afterwards a fe- T'dTbeYn Cond Time > Article b y Article, and upon the voffd "Queftion feverally put thereupon, agreed Aug. 4th. unto b Y the Houfe-, and order'd Firft, That the faid Articles be ingrofled •, zdly, That aClaufebe prepared, for faving Liberty to the Commons to exhibit any further Articles againft the faid Henry Vifcount Bolingbroke -, and that be may be fequeftred from Parliament and com- f Ang, 6th. mitted to fafe Cuftody. To Days * after toe faid Ingroffed Articles, againft Henry Vifcount Bolingbroke, were read, after which it vyzs order'd, Firft, That Mr. Wal- poU do carry the faid Articles to the Lords \ zdly, That Mr. Walpole be directed (before he exhibits the faid Articles to the Lords) to Im- peach Henry Vifcount Bolingbroke to the Effect following ML My Lords, The Commons affernbled in Parliament having receivd Information of divers tr ait erous Pratlices azd Deftgns of a Great Peer of this Houfe, Hen- ry Vifcount Bolingbroke, have commanded me to Impeach the faid Henry Vifcount Bolingbroke of J-J,gh-Treafon, and other High-Crimes and Mif- demeanors : And I do here in their Names, and in the Names of all the Commons of Great Bri- tain, impeach the faid Henry Vifcount Boling- broke of /#gk Treafon, and other High Crimes and Mifdemeanzurs* I am further commanded by the Houfe of Commons to pray and demand of your Lordihips, That the faid Henry Vifcount Bolingbroke may be fequeftred from Parliament, and fgrthxrith communed to fafe Cuftody. Ac- Accordingly, the fame + Day, Mr. Walpole Vol. X. accompanied by a great many Members of the yy^/-\j Commons, at the Bar of the Houfe of Lords, \ Aug. dth. Impeached Henry Vtf. Bolingbroke, of HighTrea- fon, and other High Crimes and Mifdemeanours -, Mr, Walwie and deliver'd in the Articles of Impeachment a- im$e\cb t lkifn gainftbim \ and did pray and demand that the fa id Vifcount might be fequeftred from Parlia- Arxhhi of ment^ and forthwith committed to fafe Cu- impeachment ftody. The laid Articles are as follows: at large. ARTICLES of Impeachment of High Treafon and other High Crimes and Mifdemeanours, againft Henry, Vifcount Bolingbrokc. X K 7 HERE AS a Treaty of Alliance was made and conclu- VV ded on or about the 7th Day of September 1701, be- tween Leopold, then Emperor of Germany, His Late Maje- fty King William the Third, of Ever glorious Memory, and Their High Mightineffes the States General of the Vmted Provinces, for repelling the Greatnefs of the common Danger which threaten'a all Europe, from the Duke of Anjou's ha- ving taken Pofleifion of the Monarchy of Spun *, wherein it was, among other things, agreed, That in cafe the [aid Con- federates fljall be forced to enter into a War, they (hail communi- cate their Defigns to one another , as well in relation to the Atlions of the War, as all other things wherein the Common Caufe is concerned', and that it Jhall not be permitted to either Party, when the War is once begun, to treat of Peace with the Enemy, unlefs jointly and by a Communication of Councils : And in, and by a Defenfive Treaty and Alliance, made and concluded in or about the Month of November 1701, be- tween His laid Late Majeity King William the Third and the States General, it was, among other things, exprelly agreed, That when the War is begun, the f aid Confederates jh. ill act in concert, according to the jth and fyh Articles of the Treaty of the $dof March 1677-8, between England and Holland, and that no Peace ?ior Truce, or Sufpenfion of Arms, Jhall be negotia- ted or made, but according to the gth and loth Articles of that Treaty by which it was agreed, That when the Allies came once to open War, it jhall be lawful for neither of them afterwards to come to any Cefjation of Arms with him wh§fliall be declared M proclaimed an Enemy ^ without it be done conjointly and with coffimfe (224) common Confevt, and that no Negotiation of Peace (hall be fit Qn foot by one of the Allies, without the Concurrence of the other, and that each Ally fh all continually and from Time to Time impart to the other every thing that pajfes in the j aid Negotia- tion. And in and by a Treaty enter'd into and concluded, on or about the Month of June 1703, between Her lace Majelty Queen Anne of Ever- blefled Memory, and the States Gene- ral, it was, among other things, agreed, That all Treaties and Alliances then fubfifting between them jhould be returned and confirmed : And whereas a long, bloody, and expenfive War, had been carry'd on by Her late Majelty, in Conjun- ction with her faid Allies, and other Confederate Princes, againft France and Spain, as well in Refentment of the Indig- nity offered to thefe Kingdoms, by their having acknowledged the Pretender King of thefe Realms, as for obtaining a juft Satisfaction to His Imperial Majefty, and for the Prefervation of the Proteftant Religion and the Ballance ani Liberties of Europe \ and from the great SuccefTes with which it had pleaf- ed Almighty GOD to blefs the Confederate Arms, they had juft reafon to hope for an Honourable, Safe, and Lafting Peace *, and altho' the French King was encouraged, in or about the Month of April 171 1, to make Propofuions of Peace to Her late Majefty, figned by Monfieur de Torcy, his Secretary of State, which Her faid Majelty having pleafed to communicate to the Minifters of the States General, ihe did, however, gracioufly declare, by Henry, Vifc. Boiingbroke, then Henry St. John Efq-, and One of her Principal Secre- taries of State, her Sentiments to them, That the [aid Propo- fitions were too general ; and, at the fame Time, the faid Vifconnt did, in Her Majefty's Name, and by her fpecial Command, give them her utmoft and molt folemn Afluran- ces, That in making Peace, as in making War, floe would at~l in per feci Concert with them : In which Sentiments the States concurring with Her Majefty, reciprocal AfTurancesof Mu- tual Confidence, fo neceflary to prevent the Defigns of the Enemy, were returned by them to Her Majefty : Notwith- ftanding which, ARTICLE I. He the faid Henry, Vifcount Boiingbroke, then being One of Her Majefty's Principal Secretaries of State, arid of her moft Honourable Privy Council, but having enter'd into a moft trencher opu Confederacy with the Minifters and Emifia- ncs ries of France, to fruftrate the juft Hopes and Expectations of Her Majefty and her People, by dilaniting.tjfe Confede- racy, at the moft critical Jun&ure v when they were ready to reap the Fruits of fo many Triumphs over the common Ene- my, and moll: wickedly intending, as far as in him lay, to en- able the French King, fo exhaufted and vanquifhed as fie had been, on all Occafibns, to carry his Defuns by a Peace £lo- rious to him, and to the Ruin of the victorious AHk-s, and the Deftrudion of the Liberties of all Europe', and bavin.-, regard to the folemn Treaties Her Majefty then flood enga- ged in, nor to the Honour or Safety of thefe Kingdoms, /id, in or about the Months of July or Augu[\, in the Year of our Lord 171 1, malicioufly and wickedly form a moft treacherous and pernicious Contrivance and Confederacy with other evil- difpofed Perfqns, .then alfo of Her Majefty's Privy Cyunri.Ii to fet on foot a Private, Separate, Di (honourable, and De- flru&ive Negotiation of Peace, between Great Britain and France, without any Communication thereof to Her Maje- fly's Allies, according to their faid feveral Treaties \ and was hot only wanting in his Duty andTruft to Her Majeity, by not oppofing, and, as far as was in his Power, by not advi- Fing Her Majefty againit going into any Private, Separate Negotiation with France, but in Execution of HisPurpofes aforefaid, he the faid Henry Vifcount Bolingbr'oke, cli a ad- vife Her late Majeity to fend Matthew Prior, Efq^ dn\d:ly to the Court of France, to make, Proportions of Peace, with- out communicating the fame to Her Majefty's Allies •, and ac- cordingly the faid Matthew P rior, by the Advice arid with the Privity of him the faid Henry, Vifcount Bolingbroke, and other f'alj'e and evil Counsellors, in or about the Months of July or Augnft, in the Year of our Lord i£ii, was fent in a clandeftine manner trom England to France, and did commu- ' nicate the faid Propofuions of Peace to the Minifters of France, in which the particular Interefts of Great Britain, as well as the common Ipte'reftof Europe, were Shamefully be- trayed *, and in Manifeftation of his faid Dedgn to exclude Her Majefty's Allies from their juft Share in the faid Negotia- tion, an exprefs Article was inferted in the faid Propofuions, by the Privity and Advice of him the faid Henry Vifcotint Bolingbroke, float the Secret Jhould be inviolably kept till allowed to he divulged by the mutual Confent of both Parties j altbo' the F t French (226) French King bad, in the propofitions figned by Monfieiir de Torcy, and tranfmitted in the Month of April preceding* offered to treat with the Plenipotentiaries of England and Holland alone, or jointly with thofe of the Allies at the choice of England : By which Treacherous and dangerous Advice, He, the faid Henry Vifcount Bolingbroke, did not only contrive and let on Foot a Negotiation of Peace more advantageous to France than even France it (elf had asked, but thereby did put it into the Power of the Common Ene- my to Create Incurable Jealoufies and Difcords between her Majefty and her Faithful Allies, and to deftroy that Confi- dence, which had fo long and fo fuccefsfully been cultivated between them, and which was fo necefTary for their Com* mon Safety. ARTICLE II. That the French King having in or about the Months of jiuguft or September 171 j, with the Privity and by the Con- trivance of the (aid Vifcount Bolingbroke, and others, fent over M onfieur Mefnager into England to carry on a Separate and Clandestine Negotiation of Peace, He the faid Henry Vifcount Bohngbroke, did afterwards in the faid Month of September 171 1, or thereabouts, fecretly and unlawfully, and without any Colour of Authority •, meet, conferr, and Treat with the faid Sieur Mejhager, on the Negotiations of Peace between Great Britain and France, and therein did ad- vife and promote the making a Private and Separate Trea- ty, or Convention, on the faid Subject of Peace between the faid Crowns, without any Communication thereof to her Majefties Allies , And the faid Henry Vifcount Bolingbroke did afterwards, in Violation of his Oath and High Truft, falfely and treacherously advife her late Majefty to fign Pow- ers to feveral Perfons for concluding on her behalf a Perni- cious and Defiructive Treaty or Convention on the faid Sub- ject of Peace with France , And on or about the faid 27th of September 171 1 a Di (honourable Deftrudtive and Fatal Treaty, or Convention, was concluded and figned by the faid Sieur Mefnager, on the part of France, and by the Earl of Dartmouth and the faid Vifcount, being then two of her Majefty 's Principal Secretaries of State, and of her Privy Council, on the part of her Majefty, by virtue only of a Warrant, under her Majefties Sign Manual, under the Sig- net ( 22J ) net, dire&ed to themfelves, but not counterfigned, and without the leaft Knowledge, or Participation of the Allies ^ in which Treaty the Immediate Interefts of Great Britain are given up to France, and the Duke of Anjou being there- in admitted to remain King of Spain, the Ballance of Power, and the Liberties of Europe were thrown into the Hands of the Houfe of Bourbon. ARTICLE III. That whereas her late Majefty Queen Anne, did, on or about the firft of Ottober, 1711, O. S. give Inftrudions to Thomas Earl of Strafford, her Ambaflador to the States Ge- neral of the Vnited Provinces^ to communicate to them cer- tain Proportions of Peace which had been contrived and concerted between the faid Sieur Mefnager and the faid Vifcount, and others, Intituled Preliminary Articles on the part of France to come to a General Peace, together with her Majefties Sentiments and Refolutions concerning the Profe- cution and carrying on the War againft. France and Spain % in cafe the States were defirous to carry on the (aid War : And whereas for feveral Years before and till the faid Month of OSober 1711, there wasopen War between her late Ma- jefty and the French King, and the faid War continuing for all the faid time and afterwards the FrenchKing, and his Sub- jects were Enemies to her late Majefty, He, 2he faid Henry Vifcount Bolingbroke, being then one of her Majefties Prin- cipal Secretaries of State, and one of her Majefties Privy Council, and a Subject of her faid Majefty, not confidering the Duty of his Allegiance, but having altogether with- drawn the Cordial Love, and true and d»e Obedience which every true and faithful Sub/e& owed to her faid Majefty, and defigning to Give Aid, and Succour and to adhere to the (aid French King, againft her faid Majefty, did, on or about the 2d of O.ttober : 171 1, during the faid War, Falfe- ly, Wickedly, Malicioufly, and Traiteroufly Aid, Help, Affift, and Adhere to the faid French King, and his Subjects Enemies to her faid late Majefty, againft her faid late Maje- fty, and in Execution and Performance of his faid Aiding, Afiifting, and Adhering, He did on or about the 2d of O- tlober, 171 1, Falfely, Malicioufly, and Traiteroufly, dif- clofe and Communicate her Majefties faid Inftrudions to her laid Ambaflador, or was Privy to, and did advife, confent, F f z of (228) or approve that the fame fhould be, and accordingly the farac yvere communicated, and difclofed to thefaid Sieur Mefnager, £ Subject of the faid French King, and an Enemy to Her late jviajcfty *, and in further Execution and Performance of his faid aiding, aflifting, and adhering, he, the faid Henry , Vilcount Bolingbroh, did, in and by a Letter or Writing, by him wrote to Monfieur deTorcy, on or about the 2d of Oft.. 171 1, difclofe, communicate, and notify, or did intend to notify, to Monfieur deTorcy, a Subject, Minifter, and Se- cretary to the French King, and an Enemy to Her late Maje- fty, that the fail Sieur Mefnager was fully informed of Her .toajefty's faid Inftru&ions to the Earl of Strafford, thereby falfely, malicioufly, and traiteroufly informing and advifing tjhe faid Monfieur de Torcy^ from what Perfon and by what rneanshe might come to the Knowledge of Her Majefty's faid Inftru&ions, contrary to the Duty of his Allegiance and the iaws and ^tatut^s of this Realm. ARTICLE IV. That whereas Her late Majefty Queen Anne did, in or about the Month of December 1711, indue Form of Law, under the Great Seal, conftitute the Right Reverend John, Lord Bifhop of Bnftol, and Thomas, Earl of Strafford, her Plenipotentiaries, with full Powers and Inftrudhons to meet, treat, and conclude with the Plenipotentiaries of her Allies, and thofe whomthe French King ftioujd, on his Part, depute for that Purpofe, the Conditions of a Good and General Peace: And whereas His Imperial Majefty, Their High MightineffeS the States General of the Vnlted Provinces, and other Her Majefty's Allies, and the French King, having due- ly conftituted and appointed their feveral and refpeftive Ple- nipotentiaries for the Purpofes aforefeici, the Negotiatiations and Conferences for a General Peace were opened before them zzVtrecht, about the Months of January or February 371 1, and the fame continued till the 4th of March 1711, and afterwards : And whereas on the faid 4th of March 371 1, there was open War between Her late Majefty and the French King, and the fame having continued for feveral Years before, and at the fame Time, and afterwards, the faid trench King and his Subjects were, during all the faid Time, Enemies to Her faid Majefty and her Subjects, he, the faid Henry Vifcount Bolingbroke, then being One of Her Maj?- — ftys ( 229 ) fly's Principal Secretaries of State, and of her Privy Coun- cil, and a Subject of Her faid Majefty, notconfidering the Duty of his Allegiance, but haying withdrawn his Duty and Obedience from Her faid Majefty, and copfpiringand confe- derating with the Enemies of Her faid Majefty and the Sub- jects of the faid French King, to give him Aid and Succour againft Her faid Majefty, did, on or about the faid 4th Day of March 171 1, falfely, wickedly, and traiteroufly aid, comfort, afiift, and adhere to the (aid F renclrKing, againft Her faid Majefty, and in Execution and Performance of his faid aiding, a (lifting, and adhering, he, the faid Vifcount, did, on or about the faid 4th of March 171 1, falfly, mali- cioufly, and traiteroufly communicate and difclofe Her fai,d Majefty's Final Inftructions to her faid Plenipotentiaries, relating to the faid Negotiations of Peace, or was privy to, and did advife and confent, and approve that the fame fhould be, and accordingly the fame were communicated and dif* clofed to Abbot G adder, an Agent and EmifTary of the faid French King, and an Enemy of Her faid Majefty *, and in fur- ther Execution and Performance of his faid aiding, aftiiting* and adhering, he, the faid Henry, Vifcount Eolingbroke, did by a Letter or Writing wrote by himfelf, on or about the faid 4th of March, falfely, malicioufly, and traiteroufly difclofe, communicate, and notify, or did intend thereby to communi- cate and notify, to Monfieur deTorcy, a Minifter, Secretary of State, and Subject of the faid French King, and an Enemy of Her faid Majefty, that the faid Gaultier was informed of Her Majefty's faid luftructions to her faid Plenipotentiaries, thereby falfely and traiteroufly informing and advifmg the faid Monfieur deTorcy, by what means, and from what Per- fons, he might have the Knowledge of Her Majefty's faid In- flections, contrary to the Duty of his Allegiance and the Laws and Statutes of this Realm. ARTICLE V. That whereas the States General of the Vnited Provinces were, in or about the Months of September or Oclober, in the Year of our Lord 1712, in Pofteftion of the ftrongand im* portant Town and bortrefs of Tourmy, and whereas the French King had, during the Courie of the fold private, fcpa- rate x and trauerous Negotiation, between him the faid, Henryt Vircount Bolingbroke, and others, and the Minifters of Franc* Trance, (ignified his Confentto the Minifters of Great Bri- tain, that the faid Town and Fortrefsof Tourney fhould re- main to the faid States General, as part of their Barrier \ And whereas her Majefty, in her Inftrudions of December, the 23d 171 1 to her Plenipotentiories at Vtrecht, had ex- prefly dire&ed them to infift with the Plenipotentiaries of France, in the General Congrefs that, towards forming a fufficient Barrier to the States General, Tonrnay fhould re- main to their nigh Mightiness, and did afterwards declare her felf conformably thereunto in her Speech to both Hou- fesof Parliament, on the 6th of June, 17 12, in which fhe Communicated to them the Terms, whereon a Peace might be made*, And whereas for feveral Years before and till the Taid Months of September and October, in the Year of our Lord, 1712, there was open War between her late Majefty and the French King, and the faid War continuing for all the faid Time, and afterwards the faid French King and his Subjects, were Enemies to her Majefty, He, the faid Henry Vifcount Bolingbroke, then being one of her Majefties Prin- cipal Secretariesof State, and of her Privy Counfel, and a Subject of her faid Majefty, not confidering the Duty of his Allegiance, but having altogether withdrawn the Cordial Love, and true and due Obedience, which every true and faithful Sub/e&owed to her faid Majefty, ano\ dcfignjng to give Aid and Succour, and to adhere to the faid French King, againft her faid Majefty, did in or about the Months of September or October I7i2,during the faid War,Falfe!y,Mali- doufly, Wickedly andTraiteroufiy, Aid, Help and Aflift,anA adhere to thzFrench King,then an Enemy to her late Majefty, againft her faid Majefty, and in Execution and Performance, of the faid Aiding, Affifting, and Adhering, Malicioufly, Falfely and Traiteroufiy, did counfel and advife the faid E- nemy * in what manner, and by what methods the faid Im- portant Town, andFortrefs of Ton-may, then, in PofTeffion of the States General, might be gained from them to the French Kin?,, contrary to the Duty of his Allegiance, and ihe Laws and Statutes of this Realm. ARTICLE VI; That whereas her late Majefty Queen Anne, not only in purfuance of the Treaties (he ftood engaged in to her good. Allies, and in particular to his Imperial Majefty, for the Recovery of the Monarchy of Spain to the Houfe of Aa- ftria, thereby to preferve a due Ballance of Power in Europe but alfo from her juft Refentment againft the Duke of Anjou, who then ftiled himfelf King of Spain, and who, in Defiance of her Majeflies Title to the Crown, had acknowledg'd the Pretender, as King of Great Britain, and on thefc Juft Foundations her Ma;efty had, in Vindication of the Honour of the Crown, and in Juftice to her People, at avaftEx- ptnce of Blood and Treafure, and en the Earned: and re- peated Advices of her Parliament, profecuted a vigorous War againft the faid Duke of Anjou ; And whereas in the Years of our Lord 1710, 171 1, and 1712, the faid Open, Bloody, and Expensive War, was carried on between her faid late Majefty Queen Anne, and the faid Duke of Akjoh, and during all the time aforefaid, the faid War did continue* and for all that time the faid Duke of Anjoa, and the Sub- jects of Sp.thz, adhering to' him, were Enemies of her late Majefty, He, the faid Henry Vifcount Bolingbroke^ then being one of her Majefties Principal Secretaries of State, and of her Privy Council, and a Subject of her faid Maje- fty, not confidcring the Duty of his Allegiance, but having withdrawn his due Obedience from her faid late Majefty, did at feveral times, in the faid Years of our Lord 17 10, 1711, and 1712, Falfely, Malicioufly, Wickedly, andTrai- teroufly Aid, Help, Aflift, and Adhere to the faid Duke of An)on, then an Enemy to her faid late Ma/efty, and againft her faid Ma/efty, and in Execution and Performance of his faid Aiding, Helping, and Aftifting, and Adhering, and in Confederacy and Combination with the then Enemies of her late Majefty, and with divers other wicked and evil difpofed Perfons, did at feveral times, in the Years afore- faid, Ad vile and Counfe! the Enemies of her late Majefty, a- gainft her faid Ma/efty, and in fuel) Counfelling and advifing did concert with them and did promote the yielding, and gi- ving up Spain end the Weft-Indies, or fome part thereof, to to the faid D.of Anjon, then in Enmity with her Maj. againft the Duty of his Allegiance, and the Laws and Statutes of this Realm All which Crimes and Mifdemeanors, were committed and done by him the faid Henry Vifcount Bolhigbrole againft our late Sovereign Lady the Queen, her Crown and Dignity, tlie Peace and Intereft of this Kingdom, and in Breach of the feveral Trufts repofed in him the faid Vifcount, and he, She faid Henry VifcoanS Bolmgbroke % vitt on? of her Majc' r^2) flics Principal Secretaries of State, and one of her Privy Council ,during the time that all and every the Crimes before fet forth, were done and Committed. For which Matters and Things, the Knights, Citizens and BurgefTesof the Houfe of Commons in Parliament AfiTem- bled,doin the name of themfelvesand of all the Commons of Great Britain, Impeach the laid Henry Vifcount Bolingbroke of High Treafon, and other High Crimes and Mfdemean- ors in the faid Articles contained •, and the faid Commons, by proteftation faving to themfelves the Liberty of Exhibi- ting at any time hereafter, any other Accufations or Im- peachments againft the faid Henry Vifcount Bolingbroke^ and alfoof replying to the Anfwers, which the faid Henry Vif- count Bolingbroke fhall make to the PremifTes, or any of them, or to any Impeachment or Accufation, that fhall be by them' exhibited, according to the Courfe and Proceedings of Parliament, do pray that the faid Henry Vifcount Boling- broke be put to anlwer all and every the PremifTes j and that fuch Proceedings, Examinations, Tryals, and judgments may be upon them, and every of them, had and uied, as Jhall be agreeable to Law and Juftice: And they do further Pray and Demand, that the faid Henry Vifcount Bolingbroke^ may be Sequ^ftred from Parliament, and forthwith Commit- ted to fafe C«ft° d y- The fame \ Day, the Lords fent a MefTage to acquaint the Commons, ' That their Lordihips and loft him abundance of Well-wifhers among ihzWhigs. On the 5th of Aaguft, Mr. Walpole, from the Committee of Secrecy, acquainted the Houfe, That the Committee had, in Obedience to the Commands of the Houfe, prepared Arti- cles of Impeachment of High Treafon, and other High Crimes and Mifdemeanors, againft James Duke of Ormonde which they had directed him to report to the Houfe. Then Mr. Walpole read Articles of the faid Articles in his Place, and afterwards de- impeachment liver d them in at the Table, where they Were agaivfl the Di once read •, and afterwards a fecond Time, Ar- of Ormond tide by Article. A Motion being made, and the rea { ; Aug. Queftion put, That the Houfe agree to the Firft 5 ^* Article, there arofe a warm Debate, in which fe- D b , ■ ,. veral remarkable Speeches were made. Among * € the reft, a Member of a Confiderabje Eiiate, l and who had, all along, voted with the Tories^ faid, * That the Report of the Committee of ' Secrecy had begun to open his Eyes •, and that c the D. of Ormonde's Flight had tully convinced c Mm,that the Heads of thtToryParty were a Set c of Knaves and Villains, who defign'd to have * ruin'd their Country, and made it a Province *of France? The Lord Stanhope, EldeftSonto the Earl of Chefeerfield, and a Member of the Houfe, whofpoke for the firft Time on this Oc- cafion, faid, ' He never wilh'd to fpill the Blood 'of any of his Country-men, much lefs the ' Blood of any Nobleman ; but that he was per- G g c fuaded ,» Vol. X. e fuadcd, that the Safety of his Country required l^yf-Sj c that Examples fhould be made of thofe who had * betray'd it in fo infamous a manner.' The Lord Finch, Eldeft Son to the Earl of Nottingham^ fpoke alfo on the fame Side •, and after fome other Speeches, the Firft Article was agreed to by a Majority of 177 Voices againft 78 ; and then the other Articles, upon the Qucftion feverallyput thereupon, were alfo agreed unto by the Houfe : After which it was order'd, ift, That the faid Ar- tides be ingrofTed \ zdly, That a Claofe be prepa- 7 . he ^ rtlc } es red for faving Liberty to the Commons to exhibit . O er £] obe any further Articles againft the (aid James, ingrojjea. D of 0ymDr j^ arjd t f Jat j Je may De {equefter'd from Parliament, and committed to fafe Cuftody. On Monday the 8th of Anguft, the IngrofTed Articles againft His Grace were read, upon which it was order'd, ift, That Mr. Secretary Stanhope do carry the faid Articles to the Lds. 2. That Mr. Secretary S?rfw/;epfbedireded, before he exhibits the faid Articles to the Lords, toim- * Aug. %th. pea c h James D. of Ormonde to the fame EfTe&,and The DuU oj j n t fj e f ame p or m 5 as W as before recited, in relati- Ormond f». on l0 H enry yifc om tBolingbroke : Which Mr.'Se. ^jirtides a- cretar y did, r ^ e ^ amc * Day, accordingly. The sainfi him. Articles againft His Grace are as follows : Articles of Impeachment of High Treafon, and other High Crimes and Misdemeanors, againft James, Duke of Orm onde. I. npHAT whereas James, Duke of Ormonde, in or about A the Month of April 1712, being appointed General ef the Forces in the Netherlands of Her late Majefty Queen Anne, with Orders to profecutethe War againft France with all poffible Vigour, in Conjunction with Her faid Majefty's Allies*, and having, by Her laid Majefty's Directions, and in her Name, given her laid Allies the moft folemn AfTurances to that Purpole, was thereupon admitted into the Counlels, and made privy to the moft fecret Defigns of the Generals of the Confederate Army againft the common Enemy, and of the Meafures they thought moft proper to carry on the War with With Succefs \ and whereas, in the (aid Year 1712, thefaid War wascarry'd on between Her faid late Maj. and the faid 'French King, and during all the faid Year the War did con- tinue, and for all that Time the faid French King and bis Sub- jects were Enemies of Her late Ma jetty, he the faid James, Duke of Ormonde, then General of Her Majeftys Army, and a 'Subject of Her Majefty, not confidering the Duty of his Al* legiance, but having withdrawn his true and due Obedience from her faid late Majefty, and Affections from his Country, did, during the faid War, falfely, malicioufly, wickedly, and traiteroufly aid, help, aftift, and adhere to the faid French King, againft Her faid late Majefty *, and in execution of his faid aiding, helping, and adhering, malicioufly, faifly, ^nd traiteroufly, contrary to the Duty of his Allegiance, and the Laws and Statutes of this Realm, did, on or about the 26th of May 17 12, fend private Intelligence and Informa- tion to Marefchal Pillars, then an Enemy to Her faid late Ma- jefty, and General of the French King's Army, againft Her Majefty and her Allies, of a March the Army of Her faid late Majefty and her Allies was then going to make, and of the Defigns of the faid Army in making the March, II. That whereas in or about the Month of May 1712, a traiterous Defign was carry'd on between Henry St. John, Efqj One of Her faid late Majefty's Principal Secretaries of State, and other evil-difpofed Perfons, and the Minifters of France, to defeat the juft Expectations of the great Advanta- §es over the common Enemy, Her Majefty and the Nation ad the reafon to hope for, from the great Superiority of the Confederate Forces in the Netherlands, to obtain which very large Sums of Money had been cheerfully given by the Parlia- ment •, and to that End, the faid Henry St. John had given fecret AfTurances to the French Minifters, that Her Ma jetty's -General in the Netherlands (tho' under the moft folemn En- gagements toad: vigoroufly in concert with the Allies) fhould not ad againft France * r and bad alio engaged the faid James, Duke of Ormonde, to concur in the laid wicked Purpofe, which evil Practices of thefaid Henry St. John and others, when they were firft fufpe&ed, giving the greateft Alarm to the Minds of the Allies, to the Parliament, and to the whole Kingdom, and being thereupon openly difavowed by all the Conibirators in the moft publick manner ; he the faid James, G g z Duke pake of Ormonde, in order todifguife, and concea) from Her faid late Majefty, and the whole Kingdom, the (aid traite- rous Defigns then carry 'd on by the faid Henry St. John, and other falfe Traitors to Her Majefty and their Country, in Aid and Comfort of the French King, then in open War with, and an Enemy of Her faid late Majefty, did, by his Letter of the 25th of May 1712, to the faid Henry St. John y then Her Majdty's Principal Secretary of State, call'd his Tublick Letter, becaufe prepared and intented t,o be read be- fore Her faid Majefty and her Council, wickedly, falfly, and treacheroufly abufe and impofe upon Her faid Majefty and her Council, by affirming and declaring therein, that if he found an Opportunity to bring the Enemy to a Battel, he ihould not decline it, altho' by a private Letter writ by the (aid James, Duke oi Ormonde, of the fame Date, and to the faid Henry St. John, ckfigned to be read to the faid Henry St. John and the Confpirators only, he the did James, Duke of Ormonde, did, on the contrary, wickedly promifeand en- gage, that he would not attack or moleft the FrenchAvmy, or engage in any Siege agaipft France. Ill That he the faid James, Duke of Ormonde, in or about the Month of June 17 1 2, being at that Time General of Her iMajefty's Forces againft France, and a Subject of Her Maje- fty, not confidering the Duty of his Allegiance, but having altogether withdrawn the cordial Love and due Obedience which every faithful Subject owed to Her laid Majefty, and devoting himfelf to the Service of France, and defigning to give Aid and Comfort to the French King and his Subjects, then in open War with, and Enemies to Her faid late Maje- fty, in Violation of the many Treaties of Alliance between Great Britain and ieveral other Princes and States, for car- rying on the War againii France, and of the faid Inftrudions to him on or about the 7th of April 1712, under the Sign Manual, in Purfuance thereof, and of the folemn Declara- tion he had but lately before, by Her faid Majefty's Com- mand, and in her Name, made to the Penfionary of Holland^ and the Generals of the Confederate Army, to pufh on the War with all poilible Vigour : Andalfoin open and manife'it Violation of t-he Jail Qrder, fent tiim by a Letter from the faid Henry St. John, on or about the 7th of June VJVL\ yt hereby the faid James, Duke of Ormonde was directed to ■ '• - make make no Ceflation of Arms with the French, unlefs the Arti- cles demanded by Her Majefty, and exprcfly mcntion'd and (it down in the Paid Letter for the faid Ceflation, fhould be comply'd with by France^ and whereby he the faid James^ Duke of Ormonde, was likewife further expreHy directed and told, that in cafe the Conditions therein mentioned were not comply'd with by France, that then he was entirely free from Reftraint, and at liberty to take all reafonable Meafures in his Power, for annoying the Enemy, and at full liberty of ading againftfVd»c at the Committee of i>tcrecy. THE Examining futh x That when he firft wasfent abro A in or about March 171 1- 12, he was fent by the Queen's expi eft Commands , who was pleafed to Jpe tk rJer [elf very particularly to him : That her Majefty ordered the Secretary of State to make fuch P overs as were neceffary to be givers to him t but would make it ca[y to htm, and without without any Formality : That Directions were gi* d, Firft,\ That Mr. Aiflaby do carry •>traftordm-c thc faid Artides to tne Lords 5 zdly, That mbd. c Mr jHflaby^ before he exhibit the faid Arti- es* ijr- c cleSj do> at the Bar of the Houfe of Lords ^ ' impeach the faid Thomas Earl of Strafford of ' High Crimes and Mifdemeanors : " Which Mr. Aiflaby y accompanied by many Members, did immediately ^ and deliver'd to, and left with the Lords the Articles of Impeachment again!! the faid Earl, which are as follows : Articles of Impeachment of High Crimes ,and Mi/demeanours again]} Thomas Earl of Straf- ford. WHEREAS His late Majefty Kin^ William the third, of Ever Glorious Memory, Out of his Great Wiidom and under regard for his own Kingdoms, and the Proteftant suc- ceflion, and to vindicate the Honour of the Crown arid Nation, then affronted by France^ in ft Proclaiming the Pretender, Kih^of Great Britain, after tire trench King, had but lately before acknowledged bis Viajcfty s Title to the lame, as well as a juft Concern, tor the Preder- vation of the 1 ibertiesof £w v 0/>*, agamft the Growing Power of France, which was theft become more formidable from the Duke of AnjoiFs having taken PofTeflion of ih'fc Entire Spamfi Monarchy, did, upon the Advice and Requett of' both Houfes of Parliament, in or about the Month of ^cptemher 1701, enter into, imke, and conclude a Treaty with Leopold Emperor of Germany and the States General of the United Provinces, wherein a ftricT: Conjunction and Alliance amongft themlelves being thought neceflary for repelling the Greatnefs of the common Danger, it was, among other things, agreed, That there fhould be and continue between the faid Confederates, a Conit'ant, Perpetual, and Inviolable Friend fhip and Correfpondence, and that each Party fliouli be obliged to promote the Advantages of the other, and pre- vent ali Inconveniences and Dangers that might happen td them, as far as iay in their Power. That the faid Allies defiring nothing more earneftly than the Peace and general Quiet of all Europe, had adiudged that nothing could be more effectual for the EftabliJhment thereof than the procuring an Equitable and Reaibnable Satisfaction to His Imperial Majcfty, for his Pretenfions to the Spwijli Succefiion. and that the King of Great Br'itain and the Mates General might obtain a particular and fufficient Security for their Kingdoms, Provinces, and Dominions, and for fh'e Na s vigation and Commerce of their Subjects, That it Should not be permitted to either Party, when the War is once begun, to treat of Peace with the Enemy, unlets jointly, and by a Communication of Councils, and no Peace Ihould bemade^ tsnlefs an Equitable and Reafonable Satisfaction for His Impe* rial Majeity, and a particular vSecurity for theKin^:oms, Provinces, Dominions, Navigation, and Commerce of His Majefty of Gre.it Britain and thevSrates General, be 6rft ob- tained, and unlefs Care be taken, by fitting security, that the Kingdoms of France and Spain lhali never come and be united under the Tame Government, nor that one and the fame Perfon ihall be King of both Kingdoms And whereas His laid Late Majeity King WMm% and the States General, ietioully confideriug that France was then be- come fo formidable, from the Accelliun of Spain to the Duke I i m of Anjou, that, in the Opinion of all tbe World, Europe was in danger of lofing her Liberty, and undergoing the heavy Yoke of Univerfal Monarchy, and that the fureft Means of effecting that Defign were to divide the King of Great Britain from the States General, for which purpoieall imaginable Efforts would be made, they therefore thought iJ neceflary to unite, in the ftricleft manner that was poffible, and, to that end, a Defen five Treaty and Alliance was con- cluded and entred into between them, in or about November 170 1, wherein, amongft other things, it was further agreed, That by the Alliance with the Emperor, made in September then laft, particular Care had been taken for the Recovery of the Spanish Low Countries, out of the Hands of the Moft Chriftian King, the faid Confederates exprefly engaged to aid one another with ail their Forces, for the Recovery of the fame *, and in regard tbe principal Intereft of the faid Confe- derates confifted in the Prefervation of the Liberties of Europe, that the beforemention'd Treaty with the Emperor fhall be faithfully and fincerely executed, and both vSides (hall guarantee the fame, and ufe their Endeavours to confirm and render it more ftrong, from Time to Tinse. That in making Peace particular Care (hall be taken of the Commerce and Traffick of both Nations, and alfo, for their Security, as well in regard to the Low Countries as the Countries adjacent, That when the War is begun, the Confede- rates \h all aft in concert, according to the yth and &h Articles of the Treaty of the $d of March 1667-8, between England and Holland, which was thereby renewed and confirmed, and no Vea.e nor Truce, or Sufpenfion of Arms, (1)a!l be negotiated or made, but according to the gtb and 10 h Articles of that Treaty by which it was agreed, That when the Two Allies came once to an open War % it pall be lawful for neither of them afterwards to come to any Ceffation of Arms with him whofljall be declared and proclaimed an Enemy, without it be done conjointly and with common Confent, that no Negotiation of Peace fhall be fet on foot by one of the Allies, without the Concurrence of the other, and that each Ally pall continually and from Time to T>me impart to the other every thing that fliallpafs in the faid Ne go- tiation, and pall ft ipulate with the common Enemy for the J ame Rights, Immunities, Exemptions, and Prerogatives, for his Ally, as he pould do for himfelf, if fo be the faid Allies do not agree to the contrary \ And 0*n) And whereas the French King, having got PofTeftion of a great Part of the Spanifl) Dominions, exercifed an abfolute Authority over that Monarchy, having feized Milan and the Spxni\h Low Countries, by his Armies, and made himfelf Matter of Cadiz* and of the Entrance into the .Mediterra- nean and of the Spanifh Weft Indies, by his Meets, every where defigning to invade the Liberties of Europe, and to ob- ftruct the Freedom of Navigation and Commerce •, and in- stead of giving ,tbe Satisfaction that was juftly expected, had proceeded to further Violences and Indignities; and having influenced Spain to acknowledge the Pretender, and the eby to concur with him in the faid Affront •, Her Late Sac red Majefty Queen Anne, taking notice that fhe found her fe'f obliged, for maintaining the Publick Faith, for n idicating the Honour of the Crown, and to prevent the Mifcblcre which all Buy ope were threaten'd with, to declare a War againft France and Spain, did accordingly, in the Month of May 1702, in the moft publick and Solemn manner, pro- claim the fame, as His Imperial Majefty and the States Gene- ral did likewile do, in or about the faid Month of May, in purfuanceof the beformentioned Treaties. And whereas many Kings, Princes, and States of Europe being invited by the laid Grand Alliance, and relying on the Faith thereof, did afterwards become Parties to the faid Con- federate War againft France and Spain, and in the Treaty enter'd into, in or about the Month of May 1703, between His Imperial Majefty, the Queen of Great' Britain, the States General, and the King of Portugal, it was, among other things, exprefly ftipulated, That no Peace nor Truce fhall be made, but by the mutual Confent of all the Confe- derates, nor ihall at any Time be made, whilft the Second Grandfon of the Mo ft Chriftian King, by the Dauphin, or any other Prince of the Line of France, continued in Spun. And whereas, to give the ^reateft Strength that was pofti- ble, to the Union lb neceffary to Both Nations, Her Late Majefty and the States, by a Treaty, in the Month of Jane 170? renewed and confirmed, all Treaties and Alliances then fubfifting between them *, and to the Qnd a juft and reafonable Peace might the better be obtained, that might eftabliih the Repofe and Tranquility of Europe, it was agreed, That neither of the (aid Allies fhould make a Sufpenfion of Arms, \\z or or a Peac$ with Fraice ox Spaln^ but in Conjun&ion and by common. Goofent. ^nd. whereas the faid War was, for federal Years, carried on wjdi Vigour and Unanimity, at a vaft Expenceof Blood and f'realure, for the Support of which, on the part of C '#c at Britain , many Millions were granted by Parliaments yho on many Occafions exprefTed their Senfeof the Juftice of it, and frequently ga v e their humble Advice to the Throne, That no Peace couid be fafe, honourable, or lading, fo long as Spam and the IVeft Indies continued in any Branch of the Houfe of Bourbon, And whereas the juftCaufe of Her Majefty and her Al- lies, in Defence of the Common Liberty, and in Vindication of the Honour of the Crown o{ Great Britain, was favour- ed by the Divine Pro 'idence with unparaleli'd SuccefTcs and fignal Victories, whereby, as well as by the Wifdom and Unanimry of their Councils, the Reputation of the Confe- derate Aims "was highly advanced, and Great Britain was eiieemed the Guardian of the Liberties of Europe. And whereas, from the profperous Condition of: the Af- fairs of the Allies, nothing remained, in all humane Appear- ance but tuat they liionld reap the Fruits of all their Vifto- riesii; a speedy, Ju.il, Honourable, and Lailing Peace \ and on the other hand, nothing was left to raife the Hopes of the En my whereby to defeat that happy ProfpecT: , but his iecret Endeavours to difunite the Confederacy, And whereas divers evil- min led Perfons, Enemies to the true Intereil oi their own Country, as well as to the com- mon Liberties and Welfare of Europe, having, by many wic- ked Arts and bale ir.fmuations, obtained Accefs to Her Late Aiajeity Queen Awe, and being admitted into her Council, and into Places of the bigbefl Truft, and having former a wicke^ and treacherous Correspondence with the EmifTaries of France, and let on foot a private and detfruclive Negotia- tion of Peace, thereby intending to weaken an - diflolve the Confederacy, which bad fo Ion; and happily lubfiited be- tween Her Majeily and her good and fauhiul Allies, to the Hunour and afwty or the Nation, had prevailed upon Her foid Late \ajeity, for that purpole, to declare her Relolu- ti n of cnt'nn& into a Treaty of Peace with the common Enemy a&ainil the Confent and Opinion of all Her Maje- sty's Allies, and fclfo to appoint^?/, then Lord Bifhop of Briftek Briflol, and Tlwmas Earl of Strafford, her Plenipotentiaries, to tranfad the lame at Vtrccht. And whereas Her Sacred Majefty, in purfuance of the Treaties fhe ftood engaged in, and of her Declaration in the Month of April 171 1, to the Grand Penfionary and the other Minifters of Holland, being ilill determined, in making Peace as in making War, to ad: in perfect Concert with her Allies, and, in Conjunction With them, to demand and pro- cure from France a Jufl vSatisfaddon for all their Pretenfions, according to and in Performance of the many folernn Treaties and Alliances then fubfifiiiu; between Her Ma jelly and them, did, in purfuance thereof, by her Initrudions under the Sun Manual, dated the 21ft of Ottober 17 11, to him the faid Thomas Eiirl of Strafford* her AmbafTador Extraordinary and Plenipotentiary to the States General, direct him, that du- ring the Courle of the then intended Negotiation of Peace, it muft be the moil careful Endeavour and the fixed Principle of all the Confederates, to hold fa ft together, in order to obtain from the Enemy the utmoft which could be hoped for in the prefent Circumftances of Affairs \ and that he might afTure the Confederates that Her Majefty, en her part, would firmly adhere to that Rule, and that fhe was fo far from making Peace without the Concurrence of the States General that fhe hai declared her firm Refolution not to make it without their Satisfaction. And alio by her Inftru&ions tinder the vSign Manual to the then Bimop of Brifiol and him the faid Thomas Earl of Strafford, her Plenipotentiaries, to treat of a Good and Ge- neral Peace, Her faid Majefty, amongit other things, did di- rect them, upon their Arrival At Vtrccht, to concert with the Minifters of the Allies, in what manner it might be moft proper to open the Canferences, and wbdt Method to obferve in the Progrefs of the Treatus ^ upon that and all other Oc cafions earnestly torepre Pent to tho e vlinifters the great Im- portance of appearing united, an i for that reafon to recom- mend to them, that it any Dirl.rence or Di-'pnte (hould arife, the fame fhould be accommodated amongft diemfelves, that France might ha"e r,o Hold to breafc in upon them, but, on the contrary, whenever they meet the Enemy's Minifters in the Cancels, every Opinion tliar is delivered, and every In- ftance that is made, may be backed by the concurrent Force of the whole Confederacy. That (254) That if it ftiould be thought proper to be^in by the difpofition of the Spanifh Monarchy, they were to Infill, that the Security and reafonable Satisfaction, which the Allies expected, and which his mod Chn ft ian Majefty had promi- fed, could not be obtain'd, if Spain , and the Weft- Indies, be allotted to any Branch of the Houfe of Bourbon. Notwith* landing all which PremifTes. ARTICLE I. He the faid Thomas^ Earl of Strafford, being of her Ma- jefties Privy Council and her Ambaffador Extraordinary to the States General, and appointed one of her Plenipotentia- ries to treat with the Minifters of France, of a good and General Peace, in Concert with the Minifters of her Ma- jefties Allies, who for that purpofe were aflembled at Vtredt with thofe of France, with full Powers to tranfaft the fame, having no regard to the true ends of his faid Commifliontf and Powers, to the Honour or Safety of her Ma;efty or her Kingdoms, to the many Solemn Engagements (he was under, to the Old and Faithful Allies of this Nation, or to the Com- mon Liberties of Europe, but being devoted to the Intereft and Service of the French King, the then Common Enemy, in defiance of the Tenour of the feveral Treaties before- rnentioned, or fome of them, as well as of the frequent Advi- ces of Parliament, and the many Declarations of her Maje- fty from the Throne, but more particularly in defiance of the Solemn and mutual AfTurances, which had been fo lately renewed, between her Majefty, and the States General, to aft in perfect Concert with each other, in making Peace, as in making War ^ and of the feverai Instructions, from he* Majeit y, under the Sign Manual to him the faid Earl, in purfuance thereof, was not only wanting in his Duty and Truft to her Majefty, by not advifing agaipft, and as far as was in his Power, by not oppofmg the going into any pri- vate Separate Negotiation with France, but on the contrary, when a Separate, Di (honourable, and Deftruftive Negotiati- on of Peace, was entred into, between the Miniiters of Great Britain, and France, without any Communication thereof to her Majefties Allies, according to their feveral Treaties, he the faid Earl, did not only take upon himfelf, and prefumefrom time to time, to advile and Exhort, that the fame ihould be Continued and Carried on, but did like- wife frequently Concert Private and Separate Meafiirey with ( *w ) with the Minifters of France, in Order to impofe upon, and deceive her Majeftiesgood Subjects, and. her Allies, and was Inftrumental in promoting the faH Separate Negotiation, Exclude of all the Allies, and to their manifeft Prejudice and Detriment. And further, he the faid Earl, when the Minifters of France at Vfrecbt, refufed to anfwer in writing, and on ma- ny other Occafions proceeded in a falacious and uniuftifiable manner, in rranfacting the Negotiations of Peace, was not only wanting in his Duty, in not reprcfenting to her Mvtfky and her v inifters, againft the fame, and in not Support- ing, in the manner he ought to have done, her Ma/efties Good Allies, in their reafonable demands from France, but on the contrary, commended the French Prudence, in ta- king fuch Meafures, and even Suggcfted himfelf the Me- thods for France, to make ufe of, to create DifTentions a- mongft the Allies, and Separate Negotiations between each of the Allies and France, thereby to diflblve the whole Con- federacy. By which Wicked and Treacherous Practices, he the fail Earl, Proftituted the Honour, of her Majefty and the Impe- rial Crown of thefe Realms *, and grofly violated his Pow- ers and Inftructions, the many Treaties, which her Ma- jefty then flood engaged in to her Allies, and the repeated AfTurances, which the faid Earl, had, by her Majefties Or- der, and in her Name, given to the faid Allies, to ad in per- fect Concert with them, throughout the whole Negotiation of Peace, thereby rendring the defign of the Confederacy 3 and the mutual'uppert expected from the fame, altogether ufe- lefs, and giving up the Affairs of Europe^ into the hands of France. ARTICLE IJ. Whereas the maintaining a perfect Union, and good Tor- refpondence between her late Majefty, and the Illuftrious Houfe of Hanover, was of the utmoft Importance for pre- ferving to thefe Kingdoms, the invaluable Bleilings of their Religion, and Civil Liberties, by fecuring the Succeffion to the Crown to a Race of Protefiant Princes, ever renowned for their Great Juftice aud Clemency, and thereby defeating the Traterous Defigns of the Pretender, and for that pur- pofe, the Great Wifdom of divers Parliaments, which had fixed fixed and confirmed the faid Succeftlon, had alfo laid the Ob- ligation of an Oath upon the Subjects of thefe Realms to fupport and maintain the fame, to the utmoft of their Power. He the faid Thomas Earl of Strafford, not regarding the many ill Confequences to her Majefty and thefe Kingdoms which would naturally eufue from a Di (union, or Coolnefs of affection, between Princes fo nearly Allyed in Blood and Intereft, inftead of doing what in him lay to prevent the fame, did, on the contrary, in his Letters from Holland, to her Majefties Minifters of State in Great Britain, by divers falfe Reprefentations, and Scurrilous Reflections, upon his prefent mod .Gracious Majefty, then Elector of Hanover, endeavour to alienate her Majefty 's Affecti ms, from his faid Electoral Highnefs, and to Create, or Widen fatal Diffe- rences or Mifunderftandings, between them. And when by the Wicked and pernicious Advice of him, the faid Thomas Earl of Strafford^ and divers other Evil Counfellors, her late Majefty, was at laft prevailed upon, to make a fatal CefTation of Arms, with the then Common Enemy, without any concert with his faid Electoral Highnefs, and againft the confent, and contrary to the moll Earneit Reprefentations of all her Allies, for the Execution of which, he the faid Earl, was fent over to the Army in the Netherlands, where the Generals of the Auxiliaries paid by her Ma/efty, whofe Hon- our and Confciences would not permit them to abandon the Confederates, and leave them as a Sacrifice to France, refu- fedto withdraw with the Duke of Ormond, without particu- lar Orders, from their refpective Matters, which Proceedings of the Confederate Generals, being wickedly reprefented by the faid Evil Councellors in Conjunction with the Mini- fters and EmifTaries of France, as an Indignity offered to her Sacred Majefty. He the faid Thomas Earl of Strifford, to create Uneafinefs and DifTention between her late Majeity, and his then Ele- ctoral Highnefs, did by his Letter, on or about the 17th of July, 1712. to her Ma/efties then Secretary of State, Ma- licioufly and Wickedly Suggeft, and affirm, that the faid Se- paration of the Confederate Generals, irom the Duke of Or- monde, ought to be Imputed to his faid Electoral High- nefs, And And further he the faid Earl, by frequently affirming, an i fometimes in the moft folemn manner, to the Miniftrrs vA His faid Electoral Highnefs, as well as others, the moft notorious and mani fed: Untruths, contrary to the Intentions and lute- reftsof Her Majefty, and vainly intending thereby to deceive and impofe upon His faid Electoral Highnefs and the r.it of Her Majefty's good and faithful Allies, in Mattns of the higheft Importance, and particularly, by foiemnly afffii on or about the 16th of July 171 2, to Monfieur Bkltau, G - neral of the Hanover Forces, and the reft of the Confede- rate Generals, that Her Majefty had mane no Truce witfi France, whereas he the faid Earl then well knew the fame was made and concluded ftveral Weeks bef. re, did thereby, as well as by the beforementioned Proceedings, not only profti- fute and di/honour the high Characters he was then inverted With, but, as far as in him lay, did diifolve the mutual Confi- dence and good Underftanding- io necefTary to be maintained between Her faid Late Majefty and the llluftrious Houfe of Hanover, for the Safety and Prosperity of Great Britain, and the common Liberty of Europe. ARTICLE III. Whereas in the pernicious Negotiations of Peace carried on by him the faid Earl and other evil Counfellors, with the Minifters of France, the French King had propofed ro ac- knowledge Her Majefty's Title to the Crown of t-hefer Realms, and the Proteftant Succeftion in the lllulirious Houfc of Hanover, when the Peace Hiould be finned between Great Britain and France, and not before: Whereupon the Houfe of Lords, by an humble Addrefs to Her Majefty,on the 15th of February 1711, begg'd Leave to reprefent their jnft Indig- nation at that di (honourable Treatment of Her Majefty, as alfo their utmoft Refentment at the Terms of Peace otjered to Her Majefty and her Allies by the Plenipotentiaries of France^ for which Addreffes Her Majefty was pleafed to return them her hearty Thanks, for theZeai they had therein exprefied for her Honour. He,the faid Earl, was not only wanting in his Duty to Her Majefty and Zeal for the Proteftavt Succeftion, in not advifing- Her Majefty againft treating with France upon iuch disho- nourable Terms, bat did himfelf, with other evil Counfel- lors, privately, wickedly, and treacheroufly, concert and K k agree agree with tbe Miniftersof France t that the faid Propofals,fo derogatory to the Dignity of Her Majefty, and dangerous to thefe Kingdoms, ihould be the Conditions upon which France would agree to treat of a Peace with Great Britain. And further he the faid Earl, in Contempt and Defiance of the Judgment of the Houfe of Peers, which had received Her Majeity's graciuus Approbation, and ading the Part of an EmifTary of France mftead of a Plenipotentiary of Great Britain, being thereunto encouraged, and founding his Pre- fumption on a Letter to the then faid Bifhop of Briftol and him the faid Earl, from Henry St. John Efq; then Principal Secretary of State, on the 1 6th of February 171 1, the next Day alter the faid Adtirefs of the Houfe of Peers was made, and informing them of the Indignation exprelTed in Great Britain at the Offers of France •, but that by the Management of Mr. Thomas Harley (then Secretary of the Treafury) the Houfe of Commons was perfectly and abfolutely fecured to the Meafures of Peace ^ did wickedly, deceitfully, and perfidiouily concert and agree with the Miniftersof France at Vtrecht, that the faid French Minifters fhould write a collu- five Letter to him the faid Earl, and the then faid Bifhop of Briftoly wherein Her Majefty ftiould be ftyled Queen of Great Britain \ which Letter was not to be made any ufe of at Vtrecht, or taken as an Acknowledgment by France of Her Majefty's Title to the Crown, but was agreed to be tranf- mitted to Great Britain, thereby to deceive and impofe upon Her Majefty and the Parliament, as if France had then actually acknowledged the fame \ which faid Letter was ac- cordingly written by the Minifters of France, and tranfmit- ted to Great Britain by him the faid Earl. Whereby Her Majefty, the Parliament, and the whole Nation, were moft grofiy and fcandaloufly abufed and drawn into the (aid deitruttiveMealuresof Peace, to the great Dif- honour of Her Majefty and thefe Kingdoms, and to the ap- parent Danger of the froteftant Succeflion. ARTICLE IV. That he the faid Thomas Earl of Strafford, in Defiance of the many Treaties between Her Majefty and her Allies, for the Recovery of the Monarchy of Spain to the Houfe of Anuria, thercoy to preferve a DueBallance of Power in Europi j and in Contempt of the Advice and Opinion of Par- liament, liament, That no Peace could be fafe, honourable, or lading, fo long as Spain and the West Indies continued in any Branch of the Houfe of Bourbon , and alfo in direct Violation of Her Majefty's Jnftru&ions of the 2 ?d of December 1711, in pur- fuance thereof ^ whereby he the faid Earl was exprefly com- manded to infift, in the Conferences of Peace with the Mi- nifters of France^ that the Security and Reafonable Satisfa- ction which the Allies expected, and which His Mo$ Cbriftiat Majefty had promifed to grant, could not be obtained if Spain and the Weft Indies be allotted to any Branch of that Houfe, did not only prefume to treat about the Peace with the Mint- fters of Franc e, without infifting, as he ought to have done, that Spain and the Weft Indies fhould not be allotted to the faid Houfe of Bourbon, but alfo when tbe Miniftersof His Imperial Majefty and of the King of Portugal, in Conformity to the mutual Obligations and Treaties between Her Maje/ly and them, and, with each other, demanded of France, that Spain and the Weft Indies fhould be reftored to the Houfe of Auftria^ and requefted him the faid Earl to join wjth them to ftrengthen that Demand, did decline and refufe to do the fame. By which perfidious and unwarrantable Practices of him the faid Thomas Earl of Strafford, incurable Jealoufies and Dif- cords were created between Her Majefty and her Allies \ that mutual Confidence which had folong and fofuccefs fully been cultivated between them, and which was fo neceflary for their common Safety, was abfolutely difTolved-, the juft Bal- lance of Power in Europe was wickedly betrayed \ and appa- rent Advantages were given to the common Enemy, to im- pofe what Terms of Peace he fhould think fit, upon Her Ma- jefty and the whole Confederacy. ARTICLE V. Whereas Her Late Majefty, on the 7th of December 1711, having earneftly recommended from the Throne, That Provi- fion might be made for an early Campaign, in order to carry on the War with Vigour, and as the bell Way to render the Treaty of Peace effectual} and accordingly Supplies were granted and Magazines provided, at a great Expence \ and in purfuance thereof,Her Majefty having given early AfTurances to her Allies of her fincere Intentions, and likewife exprefly inftrufted her General the Duke of Ormonde^ not only to re- K k 2 new ( 26o) rew the fame AfTurances, and declare her Refolution o pulhingon tbe War with the utmoft Vigour, but to concert with the Generals of the Allies the proper Meafures for en- tring upon Action ; which AfTurances were accordingly given by the Tali Duke, and the Confederate Army was thereupou p! ered to be afTembled, which at that Time was the Strong- eft that had been in the Service during the whole Courfe of the War, and greatly fuperior to that of the Enemy. Notwithftanding which Premifes he the faid Thomas Earl of Strafford, then of Her Majefty's Privy Council, being informed of the reafonable Profpect which, by the Bleffing of God, the Army of the Confederates then had, of gaining siew Conquefts over the Army of Frame, in order to difap- pcint the Expectations of the Allies, and to give Succefs to the (ecret and wicked Negotiations then carrying on by him- felf and other evil Counfellors, with the Minifters of France^ on divers very Falfe and GroundlefsSuggeftionsand Allega- tions, and in Violation of many Treaties then fubfifting be- tween Her Majefty and the States General, as well as feverat other Princes, at feveral Times, and particularly by his Let- ter of the 30th of April 1712, to Henry Vifcount Bolingbroke^ then Henry St. John Efq} one of Her Majefty's Principal Se- cretaries of State, did wickedly and treacheroufly fuggeft and advife, That a CefTation of Arms fhould be made with France by Her Majefty, without and even againft the Confentof her good Allies and Confederates. In purfuance of which wicked Counfels and Advices, Dire- . ctions were afterwards privately fenr, in Her Majefty's Name, to the Duke of Ormonde in Flanders, to avoid en- gaging in any Siege, or hazarding a Battel, till further Or- deis, although nothing had been then fettled in the faid pri- vate Negotiation, for the Intereft and Security of Great Britain. And further lie the faid Thomas Earl of Strafford,' at that Time alfoof Her Majefty's Privy Council, didadvife Her X-ate'Majeftythathe bimfelf fhould be fent, and accordingly he was afterwards Tent from England to the Army under the Bake of Ormonde in Flanders \ with Directions, in Her Ma- jelly's Name, to caufe a CefTation of Arms to be made and proclaimed between Her Majefty's and the French Army, and < reparation to be made by the Troops cf Great. Britain^ from she (2* *** °S Earl Mortimer, to the Articles exhibited by the ^^ff^L Knights, Citizens, and Bargeffesin Parliament *i . .y W r affembled. in the Ntme of themselves, and of , *-[■? ^ / all the Commons of Great Britain, in Mainte- a „ a ^a p l9u nance of their Impeachment again ft him for High Treafon, and other High Crimes and Mifde- meanors, fiippofed to have been by him commit- ted. THE fa id Earl faving to himfelf all Advanta- ges of Exception to the faid Articles, and of not being prejudiced by any Words, or Want of Form, in this his Anfwer •, and alfo faving to himfelf all Rights and Privileges belonging to him, as one of the Peers of this Realm, for An- fwer to the faid Articles, faith, He admits many folemn Treaties and Alliances have been formerly enter d into, between the Crown of England, and other Princes and Potentates of Europe, for their trutual Security, and to prevent the immoderate Growth of the Power of France, which might prove dangerous to the Neighbouring Princes and States : And that it was therefore laid down as a funda- mental Principle and Maxim of Union amongft the Allies, That France and Spain jhould never come and be united under the fame Government , and that one and. tie fame Perfonjhouldnot be King of Both thofe Kingdoms : 'And he apprehends, that the Principal View and Aim of the Allies was to fettle and maintain an equal Pallance of Power if] Europe y and fmcethe Conjunction of Spain to the Dominions of France might poHibly enfue, from the Duke cf An]ou\ being poiTeMed of that Crown, the DifpofTeffing him was de- fir'd, as the moft likely Means to prevent that Conjunction *, and, for the fame Reafon, "the Union of Spain with the Empire mull have been L 1 equally equally fatal, and the Prevention of it equally the Defign of the Alliance^ nor could the Continuance of Spain in the Houfe of Bourbon be, in any refped, prejudicial to the Allies. if the Union of that Crown with France could be prevented As new Dangers of fuch Union have been apprehended, new Treaties and Stipulations have been entcr'd into amon^ft the Allks, to obviate fuch Dangers, and particularly the Treaty for an Intended Partition feems to have been concluded upon that View : And tho' he acknowledges the Wifdom of Par- liament in condemning that Treaty, as prejudicial and fatal, in its Confequences, to England and the Peace of Europe \ yet he prefumesit was not condemn'd, becaufe Part of the Domi- nions of the Crown of Spain were thereby allotted to the Houfe of Bourbon, but becaufe fuch confiderable Parts of thofe Dominions, as the Kingdoms of Naples and Sicily, the Province of G ulpufcoa, and other Territories, were allotted to that Branch of the Houfe of Bourbon, to whom the Crown of France was to defcend *, which might have been a great and dangerous Addition to the then formidable Strength of that Crown, and becaufe it was made againft the repeated Remon- ftrances of Charles 11. then King of Spain, who declar'd by his Ambaflador, That fuch Partition-Treaty could have no other Effect than to force Spain to throw it felf into the Arms of France, to pv event the Difmembering of the Spanifh Monar- chy: And that it had this Confequence appear'd upon the Death of that Prince, who feems to have been induced, by that Confidcration, to bequeath the Entire Monarchy of Soain to the Duke of Anjou, a younger Branch of the Houfe of Bourbon, who accordingly, upon theDemife of the faid King Charles Jl. took Pofleffion of the Monarchy of Spain. Put this Acccffion of the Duke of Anjou to the Crown of Spain did not produce the Alliance in the Article mention'd between Leopold then Emperor of Germany, His Late Majefty King William 111 . of Ever-glorious Memory, and the States Gene- ral, as immediately necefTary at that Juncture ; for King William, as well as the States General, acknowledg'd the D. of An)ou as King of Spain, thereby allowing that the Duke of Anjou's Enjoyment of the Monarchy of Spain, while he wasbut a Younger Branch of the Houfe of Bourbon, was not deftrudhveof the Liberties of Europe, or the Prefervation of a due Baliance of Power. And afterwards, when the French King (26j ) King had feiz'd the Spam 'fh Netherlands, King William, by Advice of Parliament, came into the A fiiftance of the Stares as Auxiliary only, bv fending, upon thrir Requeft, Ten ThoufandMen, which England was obliged by Treaties to furnift, in cafe the States were attack'd ; after which many Conferences pafll'd at the Hague, betwixt the Minifters of England and the States, and thofeof France, in order to find out fome Expedient, by which, upon a Reafonable Divifion of the Dominions of Spain, a new War might be prevented : And the States, in the Courfe of thofe Conferences, often aiTerted, That tho they had acknowledged Philip King 0/Spain, yet fuch an Acknowledgment Wat not contrary to the Demand of a Reafonable Satisfaction to he given to the Emperor^ for his Pre- tenjions to the Spanifh Succeflion: Which was in ErTed to de- clare, That the Satisfaction demanded for the Emperor was fuch as would leave King Philip in Pofft JJ hn oj Spain. But thefe Conferences broke off about Auguft 1701, without ErTedr, and, in September following, KingWilliam enter'd into the Grand Alliance with the Emperor and the States General, whereby it was agreed, That, in the firft place, Endeavours jhould ben fed, by Amicable Means to obtain the Satisfaction de- fied for 'the Emperor, who probably, at that Time, would have accepted a very Eafy Compofition for his Pretentions : But When the French King acknowledged the Pretender as King of England, which not long after happened, His Maje- fty King William, and the Parliament of England, juftly pro- voked by this Affront, refolv'd to enter into the War which had been begun by the Emperor alone, in Italy, the Year be- fore. And the Late Queen mentions this Indignity as the Chief Motive of her engaging in it, as appears by her Decla- ration of War againft France and Spain, in May 1702. The faid Earl admits the feveral Treaties fet forth in the Preamble to the faid Articles, and that fuch Advice was given by Parliament, and fuch Speeches were made from the Throne, as in the faid Preamble are mentioned *, but, for more Certainty, begs Leave to refer himfelf to the very Treaties, Addreffesof Parliament, and Speeches, when they fhall be produe'd: And he humbly hopes Your Lord (hips will allow him to obferve, that thofe Treaties manifeftly ftcw, that the Defign of the Allies, in endeavouring the Re- covery of Spain ixom the Houfe of Bombon, was to prevent the Liz ( 2 68) the Union of thofe two potent Kingdoms, in one and the fame Perron. In the Grand Alliance 1701, the avow'd Ends thereof are, The procuring an Equitable and Reafonable Sa- tisfaction to His Imperial Majefty for his Pretenfton to the Spartifh Succeftion, the Security of the Dominions of the King ot Great Britain and States General, with the Naviga- tion and Commerce of their Subjects \ the Preventing the Union of France and Spain under the lame Government : And the Territories and Provinces pointed out in the Fifth Arti- cle, were the furtheft Views of that Alliance ♦, whereby it was thought His Imperial Majefty would receive the utrnoft Satisfaction which he could reaionably demand, for his Pre* tenfion to the Spunijh Succeflion. No Mention is made of the Recovery of the Whole Monarchy ot Spain to the Houfe of jtuftna, either in the Grand Alliance, or in the Defenfive One made the fame Year, between His Majefty King William and the States General : And when, in the Treaty between the Emperor, the Queen of Great Britain, and the States Ge- xieral, on the one Part, and the King of Portugal on the other, about May 1703, it was concerted to place Archduke Charles, theprefent Emperor, upon the Throne of Spain, he was then but a Younger Branch of the Houfe of Auflria \ and there is great Reafon to believe, that the Queen, as well . as other Princes of Europe, and in particular the King of Portugal, did not think a Treaty to procure the Crown of Spam for the Arch-duke, when a Younger Branch of the Houfe of Juftna, did lay any Obligation o\ procuringthat Monar- chy for him, when he became Firft of that Houfe, and was ele&ed Emperor *, fince the Imperial and Hereditary Domi- nions, join'd to the Whole Spanish Monarchy, would have given iuch Excefs ot Power to one Prince, as would have been formidable to Europe, and a Means to deftroy that Bal- lanccof Power which Her Majefty, in all her Treaties, had conftantly labour'd to preferve •, and it is a known and an al- low'd Kule, by the Law of Nations, in reference to Leagues between Princes, That if there happens a Material Change in what was the Principal Ground and Caufe ot the Treaty, the Obligation thereof ceafes, If therefore in the Preliminary Articles in 1709, and afterwards in the Conferences at Ge,tru},denbeY£, a Ceilicn ot the Spanijl) Monarchy to King Charts* HI who was then Younger Bro;hs.r to the I^mperor, ■ was (26 9 J was thought reafonable to be infilled on •, yet the faid Earl humbly fubmits to Your Lord (hips great Judgments, whether there was equal Reafon for infilling on fuch Cefiion, when K. Charles 111. was become Head of that Houfe,and had PofTeilion of the Empire and all the Hereditary Countries of Auftria, as a Condition without which no Peace fhould be made. The States General were lo lar from admitting or yielding . that the Monarchy of Spain fhould, in all Events, be given to the Houfe iaiAnflria^ that he the bid Earl hath heard, they refus'd to admit it to be inferted as a Condition of their Bar- rier-Treaty, when propos'd by Her Ma jetty's AmbalTador at the Hague, and chofe rather to put a ftop to the Proceedings of that Treaty, and hazard the Advantages they thereby expected, than comply with that Propofal. The Advice of Parliament is of great VVei^hjt, to which Her Late Majefty always gave, and the fail Earl always paid, a juft Regard, and he doubts not but the Houfe of Peers had proper Induce- ments when they gave their Advice to the Throne, That no F eace would be Jafe, honourable., or lifting, fo long as the King- dom of Spain and the Weft Indies continued in the Poffeffion of any Branch of the Houfe of Bourbon : But if he may be per- mitted to offer his humble Conjecture of the Motives of that Advice, he conceives it might proceed from an Apprehenfion of a future Uniun of thofe Two Crowns, as likely to enfue, in cafe Spain fhould continue in the PofTeilion of any who might become Heir to the Grown of France, and that even the Conjunction of the Empire and Spun would be lefs da»- gerousthan fuch an Union. But when Her Majefty commu- nicated to her Parliament, the 6th of June 1712, the Terms upon which a Peace might be made, and thereby inform'd them, That France had been brought to offer, that the Duke of Anjou (houldj for himfelf and his Defiendants, renounce for ever all Claim to the Cy own of France , and that, at the fame Time, the Succejjion to the Crown of France was to be declared \ after the Death of the then Dauphin and his Sons, to be in the Duke of Berry and his Sons, in the Duke of Orleans and his Sons, and \o on to the reft of the hou'c of Bourbon *, and that the Succiffwn to Spain and the Weft Indies, after the Duke of Anjou and his Children, was to deft end to fuch Prince as fhould \?e agreed upon at the Treaty of Peace ^ for ever excluding the reft 4 ( 270) of the Houfe of Bourbon *, both Houfes of Parliament, by their refpe&ive AddrefTes to her Majefty, in the fame Month, exprefs'd their entire Satisfaction : And as the Houfe of Commons deGr'd her Majefty to proceed in the Negotiations then depending for obtaining a fpeedy Peace , fo the Houfe of Lords afTur'd her Majefty, That they entirely relyd on her Majefty 1 sWifdom to finiftj that Great and Good Work, And after her Majefty had concluded a Peace on thofe Terms, both Houfes of Parliament, feveralSy, congratulated her Majeftv on the conclufion of the Peace :, and alfo join'd in an Addrefs of the 22d of April 1714, expreftjng their jnft Senfe of her Majefty '$ Goodnefs to her People, in Delivering them by a Safe, Honourable , and Advantageous Peace with France and Spain, from the heavy Burthen of a Conf timing Land War, Vnequally carry d on, and become at I aft Impra- cticable. He thefaid Earl acknowledges, that Her Majefty was plea s'd about Auguft 1710, to re-admit him, among others, to a Place in Her Council, and to require his Services in Of- fices of Trult *, to which he fubmitted purely in Obedience to Her Majefties Commands, with great Reluctance, from the Prcfpedt of the Difficulties with which he was likely to Struggle. But as he never askd any Employment, nor us'd any wicked Arts, or bafe Infinuations, to obtain the fame from Her Majefty •, fo in all Employments with which her Majefty waspleas'd toHouour him, he fincerely endeavour'd to difcharge his Duty with the utmoft Integrity ', having al- ways with the trueft Zeal defir'd and endeavours, as far as he could, to promote the Honour and Service of her Maje- fty, whofe Aim he knew to be the Welfare of her Kingdoms an the firft place, and as far as She judged it confiftent With that, the common Good of her Allies. in or about the Month of September lyo, Her Majefty (whofe undoubted Prerogative it was) thought fie to Dii- lolvethe Parliament then in being, and call a new One. In the Year 171 1. Proportions were made by France to her Ma- jefty for a Peace, without the Contrivance, or previous Knowledge of the faid Earl: Her Majefty, out of her At* fe&ion for her People, having it much at her Heart to efta- bliflb Peace in her own Days, expreis'd Her Concern lor the Difatmointment of former Negotiations, and Her earneft Defoe (271) Dcfire to put a fpeedy End to the War, and to the EfTufiori of Chriftian Blood, and to eafe Her Subjects from the Hea- vy Burthen of their Taxes \ the faid Earl doth acknowledge, that he thought a Peace was very much for the Imereft and Advantage ot Ore a' Britain: And in his humble Opinion, the moft favourable Juncture for obtaining advantageoos Terms of Peace, was immediately after the ngnal Victories, gained by Her iMa/eflks Arms, in the Year T706. For alter the Reduction of the Dominions of the Electors of Bavaria and Cologne, with other important Conquefts in Germany : Af- ter the intire Ddlruction of the Three Great Armies of France, \x\ Flanders Spain and Piedmont : After the Allies had re» coverd the Span i ft} Netherlands, Milan and other Territories in Inly, it might have been hoped T from the great Diftrefe in which the Enemy then was, a juft and reafonable Peace would have been obtained, Twice fo much was at that time gained from the Enemy, and fo much more, in all probability, would have been yielded by them, as would have fully an- fwer'd the Ends of the Grand Alliance. Peace was at that time fought by the Enemy \ and the faid Earl, who bad the Honour to be then one of her Majefties Principal Secretaries of* State, owns lie then advifed the accepting of it. And he humbly begs leave to obferve, That the War had been coo- tinued upon fo unequal a Foot, that the Burthen of it Annu- ally encreas'd, and at the time when thefe Propofals were made by France , was become almoft infupportable. It had indeed been ftipulaEed by the Grand Alliance, That the AlUcs fljould ajfift one another with all their Forces, according to a Specification to be agreed on in a particular Convent isn for that Purpofe : But it doth not appear any (uch Convention wa» made, otherwife than as the Houfe of Commons were in- form' J by one of the Principal Secretaries of State to hislatc Mayefty King William^ That by the Proportion adjafted With the States, England was to furnijh Tw$ Parts of Five by Ltnd, and the States the other Three ^ and England was f# ptmilh Five Parts of Eight by Sea, and the States the ether Three •, But the States not always allowing themfelves to be under an Obligation to furniih fuch Proportions, gave occafi- on to England's bearing an unequal Part in the War, witb refpect to the Allies. The States had that prudent Regard to the frugal ordering their Affairs, that they frequently in- filled (272) fitted, they ought not to be pre/Ted beyond their Ability, and made themfelvestbe fole Judges of what came within the compafsof it, and by that means avoided the fupplying any Quota, or Proportion, which they thought improper for them to furniih. In the mean time the Charge or the War was greatly encreafed upon the Subjects of Great Britain. In the Year 1702. it was under Four Miliions, from thence it gradually increasd till 1706, the Charge of which Year amounted to above Five Millions and a half, and itill advan- cing till the Year 171 1, it was then grown to near Seven Millions* and at the fame time there was a Debt contracted, not provided for by Parliament, amounting to Seven or Eight Millions ', the very Intereft of which, and other Debts, wherein the Nations was involved, amounted to Three Mil- lions/?^ Annum and the Revenues of Great Britain were under fuch Anticipations, that it was found difficult to raife above Two Millions and an half for the growing vService, to be paid within the compass of the Year. So that when the Duties and Difficulties upon Trade, and the continuance of the Taxes upon Land, which had lain lo heavy above Twen- ty Years, are confider'd, the faid Earl believes it could not be thought for the publick Intereli to prolong the War, without an abfolute Neceility. During this time the States had manag'd with fo good Oe- conomy, that the faid Earl had not heard of any adaitional Duty laid by them upon Trade from the Year 1702 to the Year 171 1. What Acquisitions were made upon the Conti- nent, during the Continuance of the War, tho at the Ex- pence of Bntifli Blood and Treafure, accrued to the Share of .the Allies j and the Dutch being under no Prohibirion of Commerce vfith France^ had a farther Advantage of the Bn- tijb Merchants, in relped to a free Trade. Altho' the Prin- ces of the Empire were engaged by previous Treaties to fur- niih their Quota's to the common Caufe, yet when they were often prefled to do it, they alledg'd in Excufe, That thofe Troops which they were obliged to farm (h at their own Expence, •were in the Pay of the Crown of Great Britain. The Empe- ror left it to her Majeity to provide for thole Troops, which fey the Portugal Treaty, in the Year 1703. he was to furniih The King of Portugal not only neglected the Proportion of j2,ooo rootand3,oooHorfe, which by the laid Treaty he was C27?; Was to provide at his own Expence, but even refufed to per- mit the 11,000 Foot and 2000 Horfe, for which he hai a Subfidy from her Ma/'efty to be paid by Mufters, according to an Article of that Treaty; and when prefTed to furniih. his full Number of Troops, alledged his Inability, for want of that part of theSubfidies which the States ought to have paid him. vSo that almoft the whole Charge of the War in Spain was Jeft upon Her Majcfty, the States having fcnt few or no Troops thither after the Battle of Almanz.a\ and all the other Allies being likewife defective in their Proporti- ons. This was the Condition of Affairs, with refpecT* to the Charge of the War, nor did their appear from the then Situation of Affairs, any more promiiing Profpecf, with regard to the Event : For altho' it had pleated God to blefs Her Majefty's Arms with wonderful Succefs, at which the faid Earl molt fincerely rejoiced, yet it did not appear, that after the Year 1706, our Succef- fes in other Parts had countervail^ our LofTes in Spam \ foe aftertwo great Battles, wherein we had been there defeated, after our Forces had been twice obliged to retire from Ma- drid^ and after the taking the Britifl) Troops at Brilmcga i the Recovery of Spain^ (which was the main Article that re- tarded the Conclufionof the Peace ztGertrudenberg) feem'd almoft defperate, efpecially fince the French in the Year 171 1.> by their plentiful Vintage and Harveft, had well nigh reco- ver'd the Effects of the famine \ and fince fome of the Allies at the fame time made preiiing Inilances for recalling part of the Troops, as they had done frequently, during the Courfe of the War 9 *, from whence it appears how juft the Grounds were, upon which both Houfes of Parliament reprefented to her Majefty, That the War hadbeen uneqHally carry d on y and. was at Lift become impracticable. And the faid Earl humbly hopes he fhall not be thought to have defign'd any Differvice to his Country, if in fuch Condition of Affairs he did not diffwade Her Majefty from hearkening to the Overtures of Peace, made to Her from France \ or if during fuch Nego- tiations, he endeavour'd, by Correfponding, with her Ma- jelly's Knowledge and Approbation, in any Courts con- cern'd therein, to red:ifie any miftakes, or contribute in any Meafure towards the Conclusion of a General Peace. But the faid Earl believes, that in all the Negotiations towards M m fuch ' uch Peace, the Allies had fuch Knowledge and Communica- tion of all the Meafures therein taken by Her Majefty, as the Treaties Her Majefty was engag'd in, requir'd : That the Propofition tran mitted from France , about April 171 r, were immediately communicated to the Penfionary and Mini- sters of Holland. That her Majefty did at the fame time allure them of her Refolution, to ad in Concert with them, in making Peace as in making War. That when the States had expreffed their Defines to be equal with thofe of Great Britain, for a general and lafting Peace, and had declared, That they were ready to join in proper Meafures to procure it, and defir'd France'ntight explain it felf more particularly upon the Points contairTd in thofe Propofitions } her Maje- fty endeavour cl to obtain fuch Explanations and afterwards communicated them to the States : And if her Majefty had thought it not expedient to proceed in the Method of a Preliminary Treaty, which had prov'd fo ineffectual in the Years 1709 and 17 10, but thought it might be fufficient to have Articles fign'd by a Minifter of France, by his Sovereign's Command , to open Confe- rences for a Peace •, The faid Eari humbly hopes, that this Proceeding, will he fo far from being an unreafonable Deviation from the Methods of former Tranfaftions in that kind, that it will be juftify'd by many Precedents of fuch Treaties. The faid Earl can affirm, that during the whole Negotiation, fofar as he wasconcern'd, he a&ed with a fin- cere Intention, to obtain a General Peace for the Welfare and Honour of her Majefty and her Kingdoms, aud fuch as might give reafonablc Satisfaction to Her Allies ; and anfwer all the Obligations her Majefty was under, by any Treaties with any of the Confederates \ and is not confctous to him - felf, that he hath in any refpeft tranfgrefTed that Duty, which asa Privy Counfellor, or Officer of State, he did owe to her Majefty, or to the Publick. He is not infenfible that many of the Articles, wherewith he ftands charged, are complicated with fuch Circum fiances, Aggravations and In- ferences, as may render it difficult for him to acknowledge fome Fads alledg'd, without acknowledging or feeming at leaft to acknowledge thofe Circmftances or Inferences, And as he is not confcious tohimfelf of being guilty of any Crime he ftands charg'd with, fo he takes it to be agreeable to the common common Courfe of Proceedings of this Nature, and to your Lordfhip's Tuftice, that he ftiould not admit any Circum- stances, which may tend to the Accufation of himfelf. He therefore begs leave that he may be allow'd to diftinguifh between the Fafts themfelves,and the Inferences drawn from them; and that whenever he acknowledges any Fad, he may not be uuderftood to acknowledge thofe Confequences which are in the Articles deduc'd from it, unlefs It fliall ap- pear that the Conference was the Aim and Defign of tne (aid Earl, or is the neceffary Refult of any Aft he hath done. ARTICLE h IN anfwer to the firft Article, the faid Earl faith, That he always had the greateft Regard to the Honour and Safety of her late Majefty and her Kingdoms, to all the Engage- ments She was under to the Allies of this Nation, and to the common Liberties of Europe ; That he never was devoted to the Intereft or Service of the French King *, That he is not confcious to himfelf of having afted, whilft he had the Honour to be Her late Majefty's Hi^h-Treafurer, or one of Her moft Honourable Privy Council, contrary to his Oath, or in Violation of his Daty and Truft, or with Diff egard to, much lefs Defiance of any Treaties in the (aid Article menti- oned, of the Advices of Parliament, Her Majefty's Decla- rations from the Throne, or any mutual AflTurances which had been made or renew'd between her Majefty and the States, to aft in perfeft Concert with each other in making Peace as in making War ; And he utterly denies, that in or about the Months of July or AtiguH 171 1. or at any other Time he did form any Contrivance or Confederacy to fet on Foot a private, feparate, diflionourabie or deftruftive Nego- tiation of Peace between Great Britain and France, nor doth he know of any fuch Contrivance or Confederacy form'd by any of Her Majefty's Privy Council, or that flich Negotia- tion was at any time fet on foot. But the faid Earl fays, He does not believe that about the Month of April 171 1. her late Ma/'efty did receive from France fome Propofals in or- der to fet on foot a Treaty for a general Peace, fign'd by Monfieur de Tony, Secretary of State to the moft Chriftian King, which as he believes were immediately communicated bj Her Amkftkdor in Holland to the States- General; Where- Ufog (2j6) upon, as he has been inform'd, they thanked her Majefty for her Confidence in them, declar'd themfelves to be weary of the War, and ready to join in any Meafures her Majefty (houl d think proper for obtaining a good Peace, and that they hoped Her Majefty would bring the French to explain more particularly the feveral Points contain'd in the above- mention'dPropofals, or to thatEfTecl: j and that after fuch Requeft Her Majefty fent Matthew TV/or, Efqj to the Court of France, in order to obtain as full and ample an Explana- tion as he could of the firft general Offers: But the faid Earl denies, that he did advife Her Majefty to fend the faid Mr. Prior to the Court of France, to make Propofitions of Peace, without communicating the fame to Her Allies j or that the faid Mr. Trior did by his Advice or Privity commu- nicate any Propofitions to the Minifters of France^ wherein the Interefts of Great Britain, or the common Intereft of Ewope were betray'd *, nor doth the faid Earl know, that the faid Mr. FW- "had any Power to communicate Propofi- tions to the Minifters of France, which betray'd either the Jntereftsof Great Britain, or the common Intereft of Eu- rope. Therefore the faid Earl infifts, that there is no Ground to charge him with the treacherous or pernicious Contrivan- ces in this Article mention'd. And if any Article was infer- ted in any Propofitions to be communicated by the faid Mr. Trior, that the Secret fhould be inviolably kept till allow'd to bedivulgd by the mutual Confent of both Parties, yet the faid Earl denies, that fuch Article was inferted by his Ad- vice ; and if any fuch there was, he cannot however believe it was defign'd to exclude her Ma/efty's Allies from their ;uft Share in the faid Negotiations, and hopes he may be allow'd to obferve. That in cafe any Inftru&ions were given for not divulging Propofitious which concern'd Great Britain in par- ticular, the fame were far from manifefting fuch Defign as is before-mention'd, fince it is well known to be the undoubted Right of every Member of a Confederacy to demand parti- cular Advantages for themfelves, notinconfifteut with their Alliances, and which are not to take Place but on the conclu- fion of a General Peace. And it has been ufual for thofe to whom the firft Overtures of Peace are to be made, to make Demands for themfelves in the Firft Place, as the States par- liculaalj did in the Negotiations at the Hague^ in the Year* 1709, ( *ii) J 709, and at G ertruydenbcrg in the Year 17 10. And tho' he apprehends that an Agreement not to divulge the Propofiti- ons, without the mutual Confentof both Parties, could not be to the Prejudice of the Allies-, yet he believes, that in or- der to prevent any unreafonable Jealoufies among them, even thofe Propositions which related to Great Britain in particu- lar, were communicated to them *, and that it will likewife appear, That the Propofitionsjj Sign'dj by Monf. de Torcy 9 tranfmitted in the Month of April 171 1, in the laid Articles mentioned, whereby it is (aid, c The Trench King offered to c Treat with the Plenipotentiaries of England or Holland c Alone, or Jointly with thofe of the Allies, at the Choice c of England, " were Propofals relating only to the manner of Treating, when the Conferences fhould be opened \ and that her Majefty was fo far from taking upon Her to Treat Singly for the Allies, that (he chofe to have all the Parties admitted to the Congrefs, where they might have an oppor- tunity of Treating and Adjufting their refpe&ive Interefts j that being, in her Opinion, the faireft Method of proceed- ing, molt Advantageous to the Confederates, and mod likely to prevent Jealoufies and Difcords among them. And the faid Earl faith, That he does not know that any Negotiati- ons of Peace were Contriv'd, or fet on Foot, by any Per- fons employ 'd in her Majefty's Service, which were in any refpecl: more Advantageous to France, than France had ask- ed, or which had a tendency to give the Enemy a Power to create Mifunderftandings between her Majefty and her Al- lies, or to deftroy the Confidence between them. ARTICLE II. In anfwer to the Second Article, the faid Earl faith, That he believes Monfieur Mefnager, a Subject of the French King, did fometime in the Year 1711. with Her Majefty's Leave, come into the Kingdom of Great Britain, and bring with frim a Letter from the faid French King to Her late Majefty, acknowledging Her Majefty Queen of Great Britain, and likewife expreffing a defire to re eftablilh Peace with Her, and that he was furnifh'd with full Power from the faid French King for that pur pofe. The faid Earl further faith, That it hath been the ufual and allowd Practice in raoft Na- tions, efpecially in England, for Privy Counfellors by verbal prdersfrom the Sovereign to confer within the Realm with' Minifters Ministers of Foreign Princes, and be conceives fuch Practice to be agreeable to the Laws of this Realm, and that full Powers are ufually granted to Minifters who are fent abroad for the Juftification of the Perfons with whom they (ball Treat, rather than to juftify fuch Minifters themfelves ♦, and the (aid Earl denies, that he did in the Month of September 17 1 1. or at any other time fecretly and anlawfully, or with- out Authority, confer or treat with the faid Sieur Mejhager on the Negotiations of Peace between Grtat Britain and France, or that he did advife or promote the making a pri- vate and feparate Treaty or Agreement between the faid Crowns \ but he hath been inform'd, and doth believe, that there was a Paper ftiled, The Anfwerto the Preliminary De- mands of Great Britain more particularly, Sign'd by Mon- fteur Mefnager only, to which was fubjoin'd a Declaration of the Queen's Acceptance of thofe Preliminary Articles, as Conditions his moft Cbriftian Majefty confentcd to grant, which were to be reduced into the ufual Form of Treaties, and explain'd after the moll: clear anl moft intelligible man- ner, to the common Satisfaction of Great Britain and France, and this only in Cafe of a General Peace : And this Declara- tion or fome other Declaration to the like Effect, he believes might be fign'd by the Lord Dartmouth and iMr. Secretary St. John, as in the faid Articles is fet forth. But the faid Earl muft crave leave to fubmit it -to the Judgment of your Lord/hips, whether a Paper of that fort (if any fuch there was) containing Offers from France, which were not to take Effect but in cafe of a General Peace, can be called a Sepe- rate Treaty, he believes the Allies had early Knowledge and Participation of the faid Propofals, from the Minifters of Great Britain, but denies that the Interefl of Great Bri* tain were thereby given up to Francc y or the Duke of An]on admitted to be King of Spatx % fince in the Declaration an- nexed to the faid Propofal, he believes it is exprcifed, that Her Majefty might in Juftice expect the Securities and Ad- vantages mention'd in thofe Propofals, what Prince foever he fhouJd be to whom the Monarchy of Spain fhould be al- lotted j and the faid Earl, recollecting as well as he can what were Her Majeftys Views at that Time, is perfoaded that Her Majeily had then a Profpect, that the Monarchy o| Spam would fall to the Share of another Prince. The kid Earl (m) Earl denies, That by !his Privity, Content, or Advice, any Private or Separate Treaty or Agreement, whereby the Inte- refts of Great Britain were given up to France , or the Duke of Ayoit was admitted to be King of Spmtt, was agreed, concluded, or fign'd, by trie faid Sieur Mejhager on the part of France, and by the faid Lord Dartmouth and Henry St. John, or either of them, in behalf of Her late Majeftyv much lefs did the faid Earl, at any Time, aflame to bimfeit Regal Power, or take upon him to meet and treat with the Enemy, without Authority from Her Majefty, or do any thirv, to fubvert the ancie-nt and eftablifh'd Constitutions of the Government of thefe Kingdoms, or introduce any Illegal or Dangerous Methods of tranfading the Affairs of State. And the faid Earl further faith, That he did never aim at, or endeavour, by any feparate Treaty, to diflblve or cancel any of thofe folemn Treaties, in which Her Majefty ftood en- gag'd to her Allies, nor was he privy to any Treaty, whereby the Queen was brought under a Dilemma, either to fubmit to the Di&ates of France in the Progrefs of fuch Negotiation, or to lofe the Confidence of her Allies. ARTICLE III. In Anfwer to the Third Article,, the faid Earl denies, That to difguife or carry on any Private, Separate, or Dangerous Negotiations, he did contrive or advife the Preparing and Forming the Set of General Preliminaries in the Article men- tioned, intitled, Preliminary Articles on the part of France, to come to a General Peace j or any other Set of General Pre- liminaries of like Nature *, or that the fame fhould be fign'd by the Sieur AJeruager; or that hedidadvife Her Sacred Maje- fty, that the fame fhould be receiv d by Her Majefty \ But the faid Earl hath been inform'd, that certain Articles call'd, Preliminary Articles on the part of France, to come to a General Peace, Ogn'd by the Sieur Mefnager only, were received by. Her Majefty ^ and believes the fame might be communicated to the Minifters of the Allies then refiding in England, as a Ground whereon the Confederates might treat or negotiate. concerning a General Peace *,but whether the fame were com- municated as the only Tranfa&ions that had been on that Sub- ject, between Great Britain and France, the faid Earl knows. not: But fince it is term'd Impious Advice, and contrary to the Duty and Truft of a Minifkr of Great Britain^ to ad'vife the f 280J the Receiving fuch Articles \ the faid Earl, from his Concern for the Honour of Her Late Majefty's Administration, and the future Welfare of thefe Kingdoms, doth fubmit, Whe- ther it is criminal for fuch Miniiter to advile the Receiving Articles from a Miniiter of a Prince in War, containing Pro- pofals for giving Re afonable Satis faction to Great Britain and all her Allies, and which being fign'd by the Miniiter of that Prince only, were not intended to bind any other : And fmce Preliminary Articles are no Eflential .Step towards a General Negotiation, there being, as he believes, but few Iniiances where any Matters of Importance have been fettled before the Opening of General Conferences. The faid Earl does not conceive, That if any Mini&er of State had advis'd Her Ma- jefty to accept the Preliminaries or Offers of France, (aid to be fign'd by Monfieur Mcfnager the 27th of September 171 1, as the Foundation of a treaty, he had thereby oflended ♦gainfl: any known Law, fmce the Proceedings upon fuch Preliminaries could not be more unfafe than proceeding with- out any at all. The faid Earl denies, That any Treaty fign'd by the Earl of Dartmouth or Mr. St. John, or either of them, on the part of England, and the Sieur Mefnager on the part of France (if any fuch there be) wasinduitrioufiy con- ceal'd from the Allies, Her Majefty's Council, or Parlia- ment, by his Advice or Contrivance -, or that he di/Tuaded Her Majefty from laying any fuch Treaty before her Allies, her Council, or Parliament ; or that he advis'd Her Majefty to receive the faid General Preliminaries, or to communicate the fame in her Name, or by her Authority, to the states Ge- neral, as afufficient Foundation whereon to open the Confe- rences of Peace with France. The faid Earl hath been in- form'd, and doth believe, That there were certain Inftru- ctions prepared and fign'd by Her Majefty, and deliver'd to the Earl of Strafford ,Her Majefty's AmbafTador to the States General, wherein the faid AmbafFador might be directed to reprefent to the Penfionary of Holland, and fuch others as ihould be appointed to confer with him in fuch manner as is fet forth in this Article, or to the like effect \ but he denies that the faid Instructions were prepar'd, fign'd, or deliver'd by his Advice : Neverthelefs»the faid Earl believes, the faid Jnftructions were well warranted by the Truth of fuch Facts as in the faid Article are fet forth to be contained in thofe In- structions, ftrn&ions, fince the faid Earl hathhad credible Information^ that after Her Majefty had receiv'd an Account of the Senfe of fome Persons in Holland, concerning the Overtures made by France, fohthe fettin^ a General Negotiation of Peace on Foot, very preffing Inftances were made on Her Majefty's Behalf, with the Enemy, to explain the firffc Offers made bv Monfieur de Torcy, more particularly, and to form a diftinct Project of fuch a Peace as thev were willing to conclude : Ani that fuch Inftances had efFecT:, will appear from the Prelimi- naries, faid to be fign'd by Monfieur Mefnagcr, September the 27th 171 1, wherein feveral Explications are made, and many Particulars of moment are contain'd, which were not in the Propofitions of Monfieur de Torcy , wherefore the faid Earl apprehends, that the Propofitions faid in this Article to be fent over to France (if any fuch were fent) were notfo Ge- neral as the Propofitions of Monfieur de Torcv, nor in any refped enfnaring, or deftru&ive to the Interefts of Great Britain or the Allies: But yet the faid Earl believes that Her Majefty, at the fame Time (he did communicate the faid Pre- liminaries to the States General, did likewife order her Am- ba (Tad or to acquaint them, Thatfr>e judg'd thofe Articles did not contain fuch particular Conceflions as France Would pro- bably be oblig'd to make in the Courfe of the Negotiations, or to that effect If therefore Her Majefty did, for the Good and Eafe of her People, endeavour to prevail with her Allies to enter into a Negotiation of Peace, and did commu- nicate the faid Preliminaries to them, with that View, the Faid Earl cannot he indue'd to believe, that the faii General Preliminaries, communicated to the States by Her Majefty in manner aforefaid, were Calculated to amufe or deceive them \ nor doth the faid Earl know or believe, that Her Ma- jefty's Inftructionstoher fail Ambaffador, either in the Parti- culars abovefaid, or in any other, contain'd Matters Falfe, Prevaricating, or Evafive. And the faid Earl muTt take the Liberty to affirm, That in the Late Negotiations of Peace, as well as in all other Publick Tranfactioas of State, as far as he was concerned, he acted with the higheft Regard to the Honour of Her Majefty, and with the utmoft Zeal for* the Welfare both of her and her People, and is not confeious to himfelf that he ever gave any Counfels, whereby the Truth ani Sacrednefs which ought toconftitute and accompany the N n Inftru&ioig (282) inftruftions of Publick Ambaffadors to Princes in Friend/hff* and Confederacy, againft the Common Enemy, were in any wife proftituted, or the Honour of Her Majefty and of the Imperial Crown of thefe Realms, in any fort, debas'd or be- tray'd •, and he humbly hopes no Inftance can be given, wherein the Royal Hand of Her Late Majefty was made the Inftrument to advance the Intereft of the common Enemy. ARTICLE IV. In Anfwer to the Fourth Article, the faid Earl doth not remember what Reprefentations were made by Mr. Buys to Her Majefty, in relation to the Propositions in the faid Article mention'd, but faith. That if any Reprefentations were made, the fame wert not render'd ineffectual by any Influence of tlie faid Earl *, and the faid Earl doth admit, that at a Committee of Council there might be made fome Declaration in Her Majefty's Name, to Mr. Buys, to the effeft in the faid Article mentiond, but doth not admit that any fuch Declara- tion was made by him the faid Earl, or by his Management or Contrivance. And the faid Earl believes, that what was fo declared to the faid Mr. Buys was agreeable to Truth, and to the real Sentiments and Intentions of Her Majefty, nor dotb he know wherein the faid Articles fign'd by Mr. Mepnager, and accepted by the Lord Dartmouth and Mr. St. John, if any fuch were then fign'd, were inconfident with fuch Declara- tion, or how Her Majefty was thereby dilhonour'd, or her Allies abus'd, or that any Negotiation enter' d into with France, was either dangerous to it felf, or fatal in its Confe- quences. A R T I C L E V. Ih Anfwer to the Fifth Article, the faid Earl admits, That Her Majefty Queen ANNE did, in due Form of Law, and under her Great Seal, conftitute the Right Reverend John Lord Bifhop of Briftol, and the Earl of Strafford, her Pleni- potentiaries, with full Power to meet, treat, and conclude with the Plenipotentiaries of the Confederates, and thofe whom the French King fhould on his part depute for that Pur- pofe, the Conditions of a Good and General Peace, that ihould be fafe, honourable, and, as far as was poffible, agreeable to the reafonable Demands of all Parties, and be- lieves Inftruftions were prepaid and deliver'd to them, ^herein they were inftrufted, among ft other things, to the sfieft ( 2% i) tffcft in the (aid Article fee forth ^ and is firmly perfuaded, that when the faid Plenipotentiaries were fo inftrufted to in- fift that Spain and the Weft Indies fhould not be allotted to the Houfe of Bourbon, no Treaty had been negotiated and agreed, that Spain and the Weft Indies fhould remain in a Branch of that Houfe -, and he has reafon to believe, that at the Time when the faid Inflru&ions were given to Her Majefty's faid Plenipotentiaries, there was ;uft Ground to be- lieve, that King Philip would be indue'd to abandon Spain and ihelVeJi Indies, and content himfelf with the Dominions of Savoy, and the Kingdom of Sicily, and he believes he may fo far depend on his Memory, as to fay, That he heard the Late Queen declare, She believed the Profpett King Philip W of fucceeding to the Crown of France, would be an Inducement to him to be eafy with that Allotment : And it feem'd probable, that the Addition of the Dominions of Savoy to the Crown of France, in cafe King Philip fhould fucceed to it, would be efteem'd by the French Court as a thing more to be defir'd by them, than that Spain and the Indies ftiould remain in the Pof- feffion of a Younger Prince of the Houfe of Bourbon, under the Coodition of nis renouncing the Rigjit he would have to the Crown of France, if the Eldeft "Branch fhould fail. Thefe feem to him to have been Her Majefly's Views at the Time when the faid Inflxuftions were given to the Bifhopof Briftol and the Earl of Strafford \ and he therefore believes, that whoever contrived or prepared the fame, did prepare them conformable to Her Ma/efty's real Sentiments, and wa§ far from any Thought or Defign to abufe the Royal Authori- ty, delude the States General, prejudice His Imperial Ma;e* fty, or any of the Allies, or carry on the Meafures of France-, and if King Philip afterwards, upon Information that the then Dauphin was likely to live, or at the prefling In- stances of the Spaniards, and Influence of Spanijh Councils^ or upon any other Motives, refufed to accept of Savoy and Sicily, and chofe rather to renounce the French Monarchy \ he thinks no Perfon who afts in the Service of the Crown can be fafe, if it may be charg'd on him as a Crime, that he ad- yifed InftrudKons, which, by intervening Circumftances af- terwards, became improper. But he the faid Earl doth not admit, that he contrived or prepared the faid Inftru(fiions, or W«W contenting or advi(mg to the Contriving or Preparing of N b % them, them, or prevail'd on Her Majefty tofign them} much left that he abufed the Royal Authority, to the Delufion of the States General, or intended the Prejudice of His Imperial Majefty of any of the Allies, or was engag'd to carry on the Meafuresof France, or had, when the faidlnftruftions were prepared, negotiated, and agreed with the Minifters of France, that Spain and the Weft Indies fbould remain in a Branch of the Houfe of Bourbon, or had prevail'd on Her Majefty to be Party to airy Private Treaty, wherein the fame was necefTarily imply'd. If the Plenipotentiaries were inftru&ed, that in cafe the Enemy fbould object, that the Se- cond Article of the Seven, fign'd by Monfieur Mejnager y imply'd the Duke of Anjou fbould continue on the Throne of Spain, to infift that thofe Articles were binding to France^ but laid neither the Queen nor her Allies under any Obliga- tion, the fai 1 Earl does not apprehend how an Inftruftion to per Majefty s Plenipotentiaries, to make a Juft Anfwer to a Falfe Inference, that might happen to be drawn by the Enemy from the Words of fuch an Article, can be interpreted an Entring into a Confederacy, orCollufion, with the Mini- fters of the Enemy v or that Her Majefty's Confent to fuch ]nftruftions could imply any Defign to impofe on His Imperial Ma;efty or the Allies, or to conceal any Negotiations be- tween Great Britain and France. But the faid Earl is confi- dent it will not appear by any of his Aftion, on the ftrifteft Scrutiny, that he ever enter'd into any Confederacy or Col- lufion with the Minifters of the Enemy, or prevail'd on the Queen to give her Confent thereto, or had any Defigns to im- pofe upon His Imperial Majefty or any of the Allies, or ever was privy to any Secret Negotiations or Separate Treaty be- tween Great Britain and France, whereby either in the be- foremention'd, or any other Particulars, any Reproach could be brought on the Crown of thefe. Realms, or any Treaties wherein Her Majefty was engag'd to her Allies, were vio- lated. ARTICLE VI. In Answer to the Sixth Article, the faid Earl does admit, That after the Conferences of Peace between the Plenipoten- tiaries of the Allies, and thofe of the Enemy, for negotiating a General Peac^, were opened, wherein he isperfuaded Her Majefty and her Minifters did aft in perfeft Confidence. with with the Allies, and to promote the Common Intereft, and to obtain from the Enemy all Juft and Reafonable Satisfaction \ the Progrefs of the faid Negotiation was delay'd by Debates, concerning the Enemy's Refufal to give their Anfwer in Wri- ting, to the Demands of the Allies *, but he doth not know that any of the Minifters of Great Britain did, by any En- couragement or Concurrence, contribute thereunto : And if during that Time, Her Majefty thought fit to authorize any of her Minifters to write or negotiate upon Particular Points relating to the Peace, directly from England to France, in order to facilitate the General Negotiation of Peace, which he the faid Earl doth not admit to have been done by his Pri- vity ; yet he the faid Earl doth not apprehend, that by the Constitution of the Kingdom, or any Law in being, the Queen wasdcbarr'd from doing fo *, or that by conflicting the faid Plenipotentiaries, flbe had fo far delegated to them her Royal Authority, as to be disabled, without revoking their Com* million, to treat or negotiate any Matters conducing to that End, in fuch other mannrr as (he fhould think fit. The faid Earl faith, That he did not advife, contrive, or promote any Private, Separate, or Unjuftifiable Negotiation with France, nor doth he know any Negotiation, relating to the Peace, was carry'd on, without Communication thereof to the Al- lies. And the faid Earl denies that he ever al&m'd Regal Au- thority, or that he treated of Peace with France in any man- ner that could be liable to fuch Imputation, or did promote the Defign of the Enemy, to the Deftruftion of the common Caufe of Her Majefty, or of her Allies, contrary to the Laws or Conftitution of this Kingdom, or in Violation of any of the Alliances Her Majefty ftood engag'd in, or of the AfTurances given by Her Majefty, or of her Inftru&ions to her Plenipotentiaries j or that any Terms of Peace were, by him, at any Time concerted, prejudicial to the Intereft of Her Majefty, or her Kingdoms, or Allies, or whereby the Good Effe&s of the General Negotiation were defeated. ARTICLE VII. In Anfwer to the Seventh Article, the faid Earl faith, That he never advifed Her Late Majefty to accept of a Trea- ty with France, on aSuppofition that the Sp.in'ijh Monarchy fhould continue in the PofTeffion of a Branch of the Houfe of Bourbon B 9 (2*6) Bourbon •, nor did he advife, or carry on any Private or Se- parate Negotiation with France, on the Subyed of a Renun- ciation to be made by the Duke of Aa]on, of the Right he might have to the Kingdom of France, or that fuch Remit}* ciation fhould be the Security againft the Reunion of the Two Kingdoms: Or that, by his Councils, Her Ma/efty wasprevail'd upon to accept, and finally to conclude and ra- tify a Treaty of Peace with France^ wherein the faid Renun- ciation is taken as a fufficknt Expedient to prevent the Mif- chiefs that threaten'd all EHrope,incafc the Crowns of France and Spain fhould be united upon the Head of one and the lame Perfon: Nor doth he know, that, during the faid Negotia- tion, any fuch Memorial, as in the faid Article is let forth, was transmitted by the faid Monfieur de Torcy to any of Her Majeity's Principal Secretaries of State : But he the faid Eari cloth freely acknowledge, that if he had beencall'd upon to give his Opinion concerning the Leaving of Spain and the Indies in the PofTeffion of a Branch of the Houfe of Bourbon^ and accepting the Renunciation of his Right to the Kingdom of France, by the Duke of Anjan^ he doth at prefent Tee any reafon why he might not have been of Opinion for leaving Spain and the Weft Indies to the prefent PorTefTor, and accept- ing the Renunciation, rather than have continued the War, fb burthenfome to the People, and fo impracticable upon the Foot on which it then flood, efpeciaHy finceall Endeavours %o remove him by Treaties or Force, had fo long prov'd inef- fectual. And in cafe any fuch Memorial, as is fet forth in toe (aid Article, was fent by any Minilter of France to the Secre- tary of the Late Queen, he fhould look upon the facie as a froof of the Earneftnefs of the Court of France to avoid fuch Renunciation, which mi^ht more effectually prevent all poflibility of annexing the Crown of Spain to that of France. But whatever Inducements might be for fuch a Memorial (if any fuch was tranfmitted) the la;u Earl doth affirm, that he never gave any Councils, by which the lntereit of the com- mon Caufe could be betray'd into the Hands of the Enemy : t »or doth he think it was poftible, by any Power or influence, to engage Her Majefty to become Party with France in any Deceit*, but whatever Creiit he at any Time had by her Fa- vour, he always ufed it, with the utmoitH<:c'>ruy 3 'for her Service, and the Goad of her People, ARTICLE ARTICLE VIII. t InAnfwer to the Eiabth Article, the faH Earl believes. That Her Late Majeftv Queen JNNE did, on the 7th Day of Decertify, in the Year of on r Lord 1711, recommend it from the Throne, That Vrovifion might he made for an early Campaign, in order to carry on the War with Vigour , and as the left Way to render the Treaty of Peace effe&xal; ani he does believe, that, in order thereto, Supplies were granted and Magazines provided, at a great Ex pence, for an early Cam- paign, and that, in purfuance thereof, Her Maiefty might fend fomc General Officers to explain her Intentions to her Allies-, and likewife inftru&ed her General, the Duke of Ormonde, to declare her Refolutions ofcarryingonthe War, and to concert, with the Generals of the Allies, the proper Mealbres for entVing upon Action ; and be doth believe, that the Confederate Army was provided with all Ncceffaries *, but whether the Paid Army had approach'd, or how near they bad approach'd to the Enemy; whether they bad any, or what Superiority, as to the Number of Troops, or what Likelihood there was, that they would have been able, either by Battel or Siege, to have better'd the Affairs of the Allies, or to have facilitated the Negotiations of Peace, the laid Far I is not able to fay \ but it muft be obvious to every one, that any ^ifcarriage or Difafter, on the, part of the Allies, at fucb a Juncture, irmfr have been fatal to them: And though the Divine ^fliftance bad been very Remarkable in the many Victories her Majefty's Forces bad obtained, yet Her Majefty's Piety was fo great, thatit is not likely (he (hould, without the greateft Necefllry, have been willing to have tempted That Providence Which bad been fo Signal in her Favour, by hazarding the Blood of her Subjects, at a Time when fre hai fo near a Prcfpeft of the Conclusion of a Peace •, and the faid Earl believes it might be owing to this Piety of the Queen, and her Knowledge of fame important Matters then depending, that Directions were fent to the Duke of Ormonde (if any fuch were fent) to avoid engaging in any Siege, or hazarding any Pattel, till further Orders *, which he fuppofetb Her Majefty might do upon anv Caufes (he thought proper, as well as the Deputies of the States, who, as the faid Earl hath been in form'd, have often refus'd to engage in ^iege or Battel, upon fuch Ground ai tbey alone thought fie, when fbeir own General*, (2§8) Generals, and the Generals of the other Allies, were of Opi- nion, they had a vifible Advantage of the Enemy, and might engage in fuch a Siege or Battel, with great Probabiltyof Succefs: But he doth affirm, That the Minifters of France never reprefented to him, or to any others, as far as he knows, during any Negotiation, any Apprebenfions they had from the Bravery and good Difpofition of the Confederate Army *, nor was he ever inform'd of any fure Profped, which it is alledg'd, the Army of the Confederates then had, of gaining New Conquefts over the Army of France, or where- by they would have been enabled to have forced any Better Terms of Peace than there was at that Time Likelihood of: But, on the contrary, he has been inform'd, that the Forces of France were fuperior in Number to thofe of the Confede- rates, efpeciailyin Horfe. However, thefaid Earl doth not admit that he did advife or confent that any Order fhould be difpatch'd, in Her Majefty'sName, to the Duke of Ormonde to the aforemention'd effect j nor had he any View or Defign to difappoint the Expectation ot the Allies, or to give Suc- cefs to any Secret Negotiations with the Minifters ofFrance* The faid Earl likewife denies, that he did confent or advife* that Orders fhould be fent totheBifbopof Briftol, one of Her Majefty's Plenipotentiaries then at Vtrecht^ to declare to the Dutch Minifters, That Her Majefty look'd on herfelf!, from their Condud, tobe then under no Obligation whatfo- ever to them •, he doth not know what Alarms the Allies might take, or what Reprefentationsthey made to the Biftiop of Briflol, of their DifTatisfadion, or Con fter nation, but doubts not the faid Bifhop would readily reprefent what they defir'd, tho' fuch Representation made by His Lordfhip, if any fuch there was, fell not under the Knowledge of the faid Earl, nor doth he admit that any Application of that kind was made to him. And in cafe the States General made fuch Addrefs diredly to Her Majefty, by a Letter of the 5th Day of June, as in the faid Article is fet forth ; he the faid Earl not being acquainted therewith, couli neither advife Her Majefty to hearken to the Inftances therein made, nor to dif- regard, or to rejed the fame. He faith, He never enter 'd into Meafures for the Advancement of the Intereft of the common Enemy, or countenane'd, encourag'd, advis'd, or promoted any Negotiations with France, without Participation of the Allies, (2% 9 ) Allies, or contrary to Her Majefty's Engagement, or to the Ruin of the common Caufe •, nor is he confeious to himfe'f, that he ever gave any Councils, by which the Progrefs of the victorious Arms of the Confederates was ftopped, or any Opportunity loft for conquering the Enemy ,or which had any Tendency to deftroy the Confidence between Her Ma/efty and her Allies, or make the Frem h King M alter of the N .go- tiations of Peace, or which could put the Affairs of Europe into his Hands. ARTICLE IX. In Anfwerto the Ninth Article, The laid Earl denies he was privy, or confenting to any Concert with the Miuifters of France, for the feparating the Troops in Her Majefty's Pay from the reft of the Confederate Army •, and not being privy to any fuch Concert, he hopes it wilJ not be imputed to him as any Want of Duty, that he did notadvife againft fuch a Proceeding. He denies alfo, that he ever entertaind the leaft Defign of impofing upon the Allies any Neceftity of iub- mittingto the Terms of France, or of leaving the Confede- rate Army to the Mercy of the Enemy, or that he did confenc oradvife Her Majefty, that the Duke of Ormonde and the Troops in Her Majefty s Pay, or fuch of them as would obey his Orders, fhould feparate themfelves from the Army of the Confederates. The faid Earl hath been informed, and be- lieves it to be true, that the Imperial General and fome other Generals, didpropofeto the Duke of Ormonde, in June or July, in the Year 1712, to decamp trom the Ground where they lay, and to proceed towards Landrecy, in order to form the Siege of that Place, and that the Duke of Ormonde thought it not proper toconfent thereto, and gave Notice to the iaid Generals, that if they decamped, they mult not ex- pect him to follow them: And the faid Earl believes Initances may be given, where Generals of other Potentates in the Al- liance, have refufed to comply with what has been propofed to them by Her Late Majefty's General. The faid Earl hath likewife heard, that notwithftanding fuch Notice from the Duke of Ormonde* the faid Generals feparated themfelves and their Forces from the faid Duke, and marched tow arc s Landrecy without him, and that the faid Duke continued for lome Time in his former Camp, after fuch Separation •, and that the Generals of the Auxiliary Troops paid by Her Maje- Qo ity ( 290 ; "y, altho* require by the faid Duke of Ormonde, under w hofe Command they then were, to continue with him, and *o obey his Orders, refus'd To to do: He the faid Earl fup- pcfes it might proceed from Her Majefty's Refentmentof that In/lance of Difobedience in the Auxiliary Troops, to the Commands of her General, that fhe did not think fit imme- diately to pay the Arrears of thofe Forces, which had fo ob- stinately withdrawn themfelves from her General, and marched without him towards Landrecy, as not apprehend- ing her felf obliged by any Conventions, or the Provifion of any Ad of Parliament, fo to do. But whatever might be the Caufes or Occafionsof Her Majefty's Refentment, the faid Earl faith, That he being in the Office of High Treafurer un- der Her Majeity, could not, by the Duty of his Place, iffue out any Monies, without a proper Warrant or Authority from Her Majefty \ and denies that ever he received any Warrant or Authority from Her Majeity, for ifluingany Sum or Sums of Money, for or towards the Pay or Subfiles, on account of the faid Foreign Troops, who had fofeparated, without which, the IfTuing or Directing any Monies for the Payment of them, had been a Violation of his Duty. And the faid Earl denies, that he did at any time refufe or put a ftop to any fuch Pay or Subfidies j but, on the contrary, when the Minifters of the Princes to whom thofe Forces be- long'd, did apply for the Payment of the faid Troops, the faid Earl deftYd them to make Application to Her Majefty, for the necefTary Warrants in order thereunto : And as the faid Earl had no Notice of any Separation intended between Her Majefty's Forces and thofe of the Allies, before the fame was made, fo he abfolutely denies, that,, by his Advice or Council, or with his Privity, any fuch Separation was made : And humbly apprehends, that he ought not in Juftice to be charged with any Confequences of it. He believes, that the Forces of fomeof the Allies were engaged in the unfortunate A&ion of Denain, and that the Siege of Landrecy was rais'd, and the Towns of Qnefvoy, Bouchain, and Deuay werefome- time after retaken by the French Army: But whether thofe Difafters might not have been prevented, by a Compliance with the Meafures Her Majeity had taken for the Common Good, the faid Earl fubmits to Your Lord fbips. ARTICLE M (291; ARTICLE X. In Anfwerto the Tenth Article, thefaid Earl denies, that 'J'l he did carry on, or concert with the Minifters of France, a ' Private or Separate Negotiation for a general Sufpenfion by Sea and Land, between Great Britain and Fra?ice \ or that he did ad vife Her Maj to fend over Hen. Wfc.Bolintfrofa to the ■ Court of France, with Powers to fettle fuch Sufpenfion ; bur I hath been informed, and believes it may be true, that about the 19th of Augpifii N. S. 1712, a Sufpenfion of Anas was agreed on in France^ by the laid Vifcount Bolingbroke>on Her Majefty's part, for Four Months \ but whether fuch Agree- ment was made without the Knowledge or Participation of Her Majefty's Allies, or how far the Terms of Peace were then fettled whhFrance, either for Great Britain or the Allies, the laid Earl is notable to fet forth : But from the Informa- tions he hath received of that Affair, believes it will appear, that the faid Sufpenfion was a Continuation only of a former Agreement for a CefTation of Arms, which had been not only communicated to the Allies, but into which they had been in- vited \ and believes, Her Majefty might be induced to defire fuch CefTation, as what was ufuai among Princes and States in War, during Negotiations of Peace, by which means the Britijh Merchants enjoy 'd a free Trade, and had an Oppor- tunity of carrying the Merchandizes of other Countries to feveral Parts of Europe, as the Dutch had done during the War j and therefore the faid Earl doth not conceive that Her Majefty, by the faid Sufpenfion, did in the leaft intend the Violation of any Treaties between her and her Allies, or to deprive them of any Afiiftance to which they were intitled, or to expofe them to the lnfults of the common Enemy : Nor doth hedifcern how thefe Confequences could enfue, without the Default of the Allies themfelves, much kfs how the Ties of Union and Friend (hip, between Her Majefty and them, were cut afunder, or Her Ma jefty's Perfbn or Government, or the Safety of her Kingdoms, or the Proteflam Suceeflion, were expos'd thereby. But the faid Earl aflTures himfelf, that be fhall never Hand chargeable with any Confequences of fuch Sufpenfion, which heneveradviVd , nor did he the faid Ear i ever entertain the leaft Thought or Defign of occafioning the Deftru&ion of the common Caufe of Europe, or hind/rin^ He.r Majefty from refumlng the War againft Q o 2, France^ ( *9 2 ) France, in Conjunction with her Allies, if it had been f© thought fit, or of weak'ning the Union between Her Majefty anitfcem. ARTICLE XI. In Anfwer to the eleventh Article, the faid Earl faith, he believes it to be true, That in or about the Month of Sep- tember or OFkober 1 7 12, the States-General were in Poflef- fion of the Town and Fortrefs of Tonrnay *, and that Her Majefty, in Her Inftru&ions of December the 23d 171 1, to Her Plenipotentiaries at Vtrecht, did dired them to infift with the Plenipotentiaries of France^ in the General Con- grtfs, that towards forming a Barrier for the States-General, Toumay (hould remain to the States ^ and doth believe the French King did, at one Time, incline thereunto : But doth not know that her Majefty, in her Speech, in the faid Arti- cle mentioned, did declare her Self as in the faid Article fet forth. The faid Earl admits, That until and after the Months of September and »fl ober 171 r, there was open War between her late Majefty and the French King *, and that during fuch War, the French King and his Subjects were Enemies to the late Queen \ but the faid Earl hath been in- form'd, and believes, That full Powers were given by her Majefty, and the /States General of the United Provinces, to their refpe&ive Minifters, and by the French King to his Minifters, to negotiate and treat of Peace between her Ma- 3 fty, and the States General, and the faid French King \ upon which Negotiations, a Peace was afterwards conclu- ded between them-, during which Negotiations he hath heard, That the French King did infift upon the yielding up the Town and Fortrefs of Tournay, by the States, to him % and the faid States General defir'd her Majefty's Interpofition with the French King on their Behalf j and that at fuch Re- q:eft, her Majefty interpos'd her belt Offices, on Behalf of trie States General, and did at laft prevail, that the faid Town and Fortrefs of Tournay fhould be, and he believes the fame is continu'd to the States-General, as Part of their JBarrier. But the faid Earl abfolutely denies, That he did defign to give Aid, or Succour, or to adhere to the French King*, or, That he did in or about the Month of Otlober 1712, or at any other Time during the faid War, Aid, Help, : Aifift, or auhese ;o the faid French King v or* That h« < ■ ■ did ( 2 9? ) 4id ever Council or Advife the faid Enemy in what Man ner or by what Methods the faid Town and Fortrefs of Tour- nay, or either of them, might be gain'd from the States- General to the French King, in Manner and Form as in the faid Article is charg'd. On the contrary, he the faid Earl did ufe his beft Offices to preferve the faid Town and For- trefs of Tournay, to the States General. But the faid Earl faith, That during the Negotiations of the late Peace, he bad the Honour to be one of her faid late Majefty's Privy- Council \ and whatfoever Council or Advice he gave, rela- ting to any Terms of the faid Peace, he aded therein as a Privy Councellor and Minifter of State, and nootherwife: And doth infift, That for any Privy-Councellor, or Mini- fter of State, cJuring the Negotiations of Peace, to treat, advife, or negotiate, concerning the yielding or giving up any Town, Province, or Dominion, upon the Conclufion of the Peace, as Part of the Terms and Conditions of fuch Peace, is not High Treafon by Law of this Realm \ and that fuch Conftrudion might hereafter deprive the Crown of the Advice and Affiftance of feveral Members of the Privy-Council, in Matters of the greateft Importance, by deterring them from giving fuch Advice, as by their Oaths, and the Duty of their Place, they are oblig'd to do *, would overthrow all Means of reftoring Amity between Princes, and render the Law, in Cafe of High Treafon, uncertain, which, by Reafon of its being moft Penal, ought to be moft Plain, and would be highly dangerous and deftrudive to the Lives and Liberties of the Subject. ARTICLE XII. In Anfwer to the twelfth Article, the faid Earl not ad mitting that her late Majedy Queen ^ N N E ? ftood en- gagd by Treaties in Manner as in the faid Article is alledg'd } but referring himfelf to the Treaties, when they fhal.l be pro- duct, for Anfwer, denies, That he did, in any of the Years 1710, 1711, and 2712, or at any other Time, Aid, Help, Afiift, or Adhere to the Duke of j4njou 9 in the faid Article nam'd, or Advife or Council any of the Enemies of her faid late Majefty, or Concert with any of them, or promote the yielding or giving up of Spain and the Weft- Indies^ or any Part thereof to the faid Duke of Anjon-, in Manner and Form, as in the faid Article is allcdgM An.d the the faid Earl faith, as in his Anfwer to the eleventh Article he hath already faid, That during the Negotiations of the late Peace, he had the Honour to be one of her faid late Ma- jefty's Privy-Council, and whatever Council or Advice he gave, relating to any Terms of the faid Peace, he a&ed therein as a Privy Councellor, and Minifter of State, and no otherwife *, and infifts as in his Anfwer to the eleventh Article he has infilled. ARTICLE XIII. In Anfwer to the thirteenth Article, The faid Earl admits that the flouriftiing Condition of Trade and Navigation contributes much to the Riches, Power, and Strength of thefe Kingdoms •, and believes that her late Majefty had a juft Regard thereto, and a fincere Defire to obtain fome Ad- vantages therein for her People \ and did make the feveral Declarations from the Throne, fet forth in this Article : And that both Houfes of Parliament did from Time to Time exprefs their greatful Acknowledgments to her Ma- jefty, for her great Care and Concern for the Welfare of her People •, and believes her Majefty might think it reafon- able, confidering the Share and Burthen fhe and her People had fuftain'd in the War, that France ihoulo in the firft Place adjuft the Interefts of Great Britain, which were to be fe- eur'd on the Conclufion of a General Peace : But the faid Earl doth not know, or believe, that at the fetting on Foot, or in the Progrefs of any Negotiation, between the Mini- fters of Great Britain and France, it was laid down as a Principle, that France fhould in the firft Place confent to adjuft the Interefts of Great Britain^ to the Intent that the Minifters of Great Britain might thereby be enabled to en- gage the Queen to make the Conclufion of the Peace eafy to franco j nor doth he know that any Conceflions were made fey the Minifters of Great Britain, with Intent to promote the Interefts of France againft the Allies \ or that any Mea- fures were entcr'd into, or concerted between them, in or- der to ftrengthen the Hands of the French, or to enable them to impofe the Terms of a General Peace. And the faid Earl doth abfolutely deny, That he was enaga'd in Concert with France, in any Negotiations deftru&ive to his Country, or that he ever had the leair Imagination or Thought tending that Way, or to the facrificing the Com- merce, mercc of Great Britain to the aggrandizement of France \ but, on the contrary, he hath always had the molt real and fincere Defires, to fecure and advance the Commerce of Great Britain, and to preferve his Country, in whofe Ser- vice he hath been always ready to facrifice himfelf, and every privatelntereft whatfoever. And the faid E. is not confcious to himfelf of any Want of Duty, either in not infilling upon, or not procuring the moft certain Securities that could be ob- tatn'd for the Safety and Advantage of the Commerce of thefe Kingdoms. And the faid Earl doth not admit, that he did advife her late Majefty, that any Propofition fhould be tent by Mr. Prior to France •, or that any private or feparate Treaty, or the preliminary Articles, which are faid to be fign'd the 27th of September 171 1, fhould be fign'd. But the faid Earl bath been inform'd, and believes, that in a Pa- per intituled, The Anfwer of 'France to the Demands of 'Great Britain, more particularly , it is faid, That the entire Reftitu- tion of Newfoundland, and of the Bay and Streights e/Hud- fon, was demanded for the Englifh *. And that the French King's Anfwer was, That the Difcuffwn of that Article fhould be referred to the General Conferences of the Peace, provided the Liberty of fifhing an d drying of Cod-ffh upon the I fie of Newfoundland, fhould be refervd to the French. And the faid Earl conceives that Paper not conclufive, but was to be the Subject of future Conferences, wherein the whole Mat- ter might be entirely confider'd \ and confequently that the entering into Conferences on that Paper, was not the yield- ing to the French the Liberty of filing, and drying Fifh on Newfoundland ', which they infifled on. And the (aid Earl denies, That he advis'd the Demands for Great Britain^ in Point of Commerce, fhould be made in loofe, general, or infufficient Terms *, or that he advisYi the Liberties infill- ed on by the French, fhould be given up to France, as in the faid Article is alledg'd : And he believes, that when it is confi- der'd what Advantages wore likely to enfue to the Com- merce of Great Britain, by the AJfiento Contract, and the liberty of trading to the Spanifh Weft- Indies, by the Ceffron of Accadia, the Bay and Streights of Hudfon, the Ifland of St. Chriftopher,Nerpfoundland,the Ifland o^t.Feter^nh other ad- jacent Iflands} by the demolition of Dunkirk, and the Cefllon of Port-Mahon and Gibraltar^, will not be thought theCom- mercc (> 9 6) merce of Great Britain was negle&ed by her Majefty, in the late Treaty of Peace. And as the faid Earl doth not know that France was at any Time Mafter of the Negotia- tions, fo he denies that he did engage Her Majefty in any private Treaties with France, without Security for the Com- merce of Great Britain \ or that he did contrive, with any of the Minifters of France, to keep in Sufpence any Matters that concern'd the faid Commerce \ or that he was any ways inftrumental to the preventing any Advantages of the faid Commerce from being fettled j or that he endeavonr'd to elude any thing that had been agreed on in any Negotiation for the Benefit of Great Britain. And altho' the faid Earl doth not admit, that he advifed the Ninth Article of the Treaty of Commerce with France , yet he begs Leave to ob- ferve, that nothing is pofitively ftipulated in that Article, but the whole is conditional, and left to be determined by the Wifdom of Parliament \ and hopes it will never be thought an Aft oi Treachery, to refer an Article of any Treaty to the Judgment and Confideration of Parliament, whatever Judgment the Parliament (hall think fit to make thereon. And the faid Earl denies, that he advifed Her Majefty to agree with France, that the Subjefts of France mould have Liberty of fiftring, and drying Fifh, on Newfoundland \ but the faid Earl believes, that what Her Late Majefty agreed with France, relating thereto, will not feem unreafonable, if it be confider'd, that the French long ago claim'd Right to, and were in PofTeffion of great part of Newfoundland, and that they were allow 'd to continue in PofTeffion thereof by the Crown of England, in a Treaty made at Whitehall, in the Year 1686, and in another Treaty made at Ryfwick, in the Year 1697: And the faid Earl doth not know that fuch Agreement of Her Majefty is contrary to the exprefs Provi- fion of any Aft of Parliament, fince, he prefumes, the Aft made in the 10th and nth Years of the Reign of King William the Third, intitled, An A3; to encourage the Trade ta Newfoundland, cannot reasonably be intended, orconftrued to extend toany Part of the Ifland, other than what was at the Time of making that Aft, in the PofTeffion of the Englifh: And the faid Earl is inform'd, that at that Time the Part of Newfoundland, where the Subjefts of France are, by the Treaty of Vtrecht, allow'd the Liberty of fiftiing, anddry- ing (297) ing Fifti, was not in the Pofleflion of the Englilh. The Paid Earl denies, that he advifed Her Majefty to make a Ceffio n to\France of the lfle of Cape Breton j or that he advifed Her Majefty to confent, that what is agreed in the Treaty of Vtrecht, concerning the Fifhery of Newfoundland, or Cape Breton, fhould be made an Article in that Treaty : However the faid Earl doth not know that Cape Breton was part of the Territories of the Crown of Gr. Brit, nor does he apprehend, that Her Majefty, who, in her Speech from the Throne ,de- clar'd, That France had confented to make an ab folate Cejfion of Annapolis, with the reft of Nova Scotia, or Accadia, fnould be understood to fpeak of Cape Breton, which is no Part of that Continent, but an Ifland diftind from it. The faid Earl further faith, He conceives, that the only Advantages in Trade, itipulated for Great Britain, did not depend on Conditions to be made good by Ad of Parliament - on the contrary, he doubts not to make it appear, that many Ad- vantages in Trade were ftipulated for Great Britain, in the Late Treaties of Peace and Commerce, which have been en- joy'd by the Subjects of Great Britain, fince the Concludon of the faid Treaties, notwithitanding the Parliament had not thought fit to make any Ad to enforce the Ninth Article of the Treaty of Commerce with France. And the faid Earl denies, that, by his Councils, the good Intentions of Her Sacred Majefty, to have obtained tor her People Advanta- geous Terms of Commerce, were fruftrated, or the Trade or Manufadures of G r eat Britain rendered precarious, or at the Mercy of the Enemy, or any Beneficial Branch of Trade yielded up to the Subjeds of France. And as the faid Earl difowns the being concern'd in any Violation of Treaties, or in carrying on theMeafures of France, or in any Negotia- tion, which could terminate in the Sacrifice of the Commerce of Great Britain to France \ fo he obferves, with great Satif- fadion, the Flourifhing Condition of the Trade and Naviga- tion of the fe Kingdoms, fince the Conclufion, and by means of the Late Peace, in the great Increafe of the Number and Tonnage of Shipping, of the Exportation of the Wooliea Manufadures, the Fifh, and other Produd of this King- dom i in confequence whereof the Cuftoms have been greatly advance, near Three Millions of Gold and Silver has been Pp coin'd, (29*) coin'd, and the Exchange has all along been in Favour of England* to and from all Parts of Europe. ARTICLE XIV. In Anfwer to the Fourteenth Article, the faid Earl doth not admit that he form'd any Projed, or Defign, for dif- pofmg the Kingdom of Sicily to the Duke of Savoy , from the Houfe of Anftria; or that he did advife Her Majefty to give any fuch Inftrudions to Henry Vifc. Bolingbroke, as in the faid Article menticn'd, or to confent to any Treaty, wherein a Ceflion is made of the faid Kingdom to His Royal Highnefs, without any Concurrence or Participation of His Imperial Majefty \ nor doth he admit that Her Majefty was prevail'd on, by his Advice, to affift His faid Royal Highnefs with her Fleet, againft the Emperor, in order to obtain the Pofleflion of that Kingdom: But, in Juftification of Her Majefty 's Proceedings, in relation to the faid Kingdom, the faid Earl doth beg Leave to obferve, that, by the Grand Alliance, it was agreed^ among other things^ that the Confederates flioitld ttfe their utmoft Endeavours to recover the Kingdom of Sicily out if the Hands of the Enemy ; and that the Principal Ends for endeavouring the Recovery of Sicily were , That His Imperial Majefty might have a reafonable Satisfaction for his Tretenji on- to the Spani/h Monarchy , and that the Trade and Navigation of the Subjects of Great Britain and Holland might thereby be better fecured. Since therefore the Empire, and Hereditary Countries of Auflria, were now fallen upon Charles the Third, who, at the Time of that Treaty, was a Younger Branch of that Houfe : Since feveral Towns in the French Flanders, which were not in the Pofleflion of* King Charles the Second, at the Time of his Death, together with Spanilh Flanders, Milan, and Naples, might feem a reafonable Satif- faction for His Imperial Majefty's Pretenfions to the Spanilh Succefiion : And fwce the Trade and Navigation of the Sub- jects of Great Britain and Holland would be as effectually fe- cur'd, by the Difpofition of the Kingdom of Sicily to the Duke of Savoy, as if the faid Kingdom had fallen to the Share of the Emperor: And greater Difficulties would be likely to arife in obtaining the Diipofition thereof to the Houfe of Auftria, than to that Duke ? inafmuch as King Philip might be more eafily induc'd to yield it to the Duke of Savoy, than to fo potent a Prince as the Emperor j and there were Grounds to ( 299) to believe that all, or mod: of the Princes and States of Italy were fo apprehenfive of the growing Power of the Houfe of siuftria in Italy j that they would fufferany Extremities ra- ther than fubmitthat Sicily, together with Milan and Naples^ fliould be in the Hands of the Emperor, the (aid Earl doth not difcern how any Projed to difpofc of the faid Kingdom to that Duke, could be thought unjuft, dimonourable, or pernicious, or any Ad: of Injuftice to His Imperial Majefty, or Violation of theG-iand Alliance : Nor doth the faid Earl remember in what refped it was contradidory to any Decla- ration of Her Majefty, or the Inftrudions fhe had given her Plenipotentiaries : And in cafe Her Majefty thought fit after- wards to employ any part of her Fleet to affift that Duke, her good and faithful Ally, to take PofTeflion of that Kingdom, from the Enemy, inConfideration of the faid Duke's Heady Adherence to the Confederacy, and great Sufferings by fuch Adherence •, he the faid Earl is not able to difcover why fuch Afiiftance might not be given to the faid Duke, as well as to any other of her Allies whatfoever. And fince it is allow'd by this Article, that the then Duke of Savoy never made any Application, in order to obtain the faid Kingdom for himfelf, it feems an Evidence at leaft, that the Perfon or Perfons who advis'd the Late Queen to agree to fuch Allotment, did not ad upon any Private Intereft, or had any other View than the Prefervation of a Ballance of Power in Europe, and the Se- curity of the Trade and Navigation of theSubjeds of Great Britain and Holland^ and cannot reafonably be thought, up- on a Fair and Candid Interpretation, to have been guilty of Betraying the National Faith, or Honour of the Crown, or employing the Naval Power of thefe Kingdoms, or the Sup- plies granted by Parliament, againft any Ally of this King- dom. ARTICLE XV. In Anfwer to the Fifteenth Article, the faid Earl faith , He is and always was of Opinion, that the Word of the Sove- reign is facred, and that all Communications from the Throne to Parliament, ought to be true, and that it becomes all Minifters of State, as far as in them lies, to maintain the Honour of the Crown, in fuch Cafes, with the utmc": Exadnels; nor doth the faid Earl know, that he hath, at any j£ime> been defedive in his Duty, in this Particular, or ever PP2 took took upon himfelf any Arbitrary or Unwarrantable Aathori ty, much lefs the Chief Dire&ion and Influence of Her Ma - jefty's Councils: Nor did he ever proftitute the Honour of the Crown or Dignity of Parliament, by mifreprefenting any part of the Late Negotiations of Peace, to deceive either Her Majefty, her Allies, her Parliament, or her People \ nor did he ever prepare, form, or concert, or advife Her Majefty to make any Speech or Declaration, from the Throne, to her Parliament, that was not conformable to Truth : He believes Her Majefty might make feveral Speeches, from the Throne, to her Parliament, at the feve- ral Times in the faid Article mentioned, to which the faid Earl refers-, and particularly, that Her Majefty did, on the 7th Day of December 171 1, declare, That her Allies, espe- cially the States General, had, by their ready Compliance for cpciing the Treaty of a General Peace, exprefs'd their Confi dence in her: But the faid Earl not admitting there were fuch Reprefentations as fnggefted in this Article, begs Leave, m Vindication of the Honour of his Royal Miftrefs, who was a Princefs of drift Piety and Truth, to obferve, that the States General fent over Monfieur Buys to Her Majefty, with Letters full of AfTurances of their Refped for her Perfon, and their Refolutions not to leparate tbemfelves from her \ and likewife fignify'd by him, to her Minifters, their Readi- nefs to concur with Her Majefty. And the faid Monfieur Buys, immediately upon his Arrival at London, deJiver'd Purports for th: French Minifters to come toVtrecht •, and v.t a Meeting of feveral Lords of the Council, fhew'd his Approbation of fending circular Letters to invite the reft of the Allies to the general Congrefs : And the faid MonGeur Muys exhibited full Powers for preparing and figning a new Treaty, whereby Her Majefty and the States fhoukl be mu- tually engagM to each other in making War and Peace, to guarantee the Peace when made, and to invite the reft of the Allies into fuch Guaranty •, all which Matters and Tranl- sdions being previous to the 7th of Dec. 171 1, Her Majefty might juftly regard the afcrefaid authentick Ads and AfTu- rances, as greater Proofs of the Confidence the States had in her, and of their Readmefs to ccnrur with her, than any Representations or Reports before that Time \ and that the ",■>■■■■•*■■ faid (?oi) faid' Declaration of Her Majefty from the Throne, was founded upon the ftri&eft Truth. And the faid Earl be- lieves, that every one who impartially confiders the Steps taken in the Late Negotiations of Peace, the Length of the Treaty, the feveral Letters from One of Her Majefty's Prin- cipal Secretaries of Stare to her Plenipotentiaries at Vtrecht, the Ratification of the Engagement fign'd by her Minifters and Monfieur Buys, the 18th of December 171 1, and her Exhorting the States to ratify the fame, her preffing Inftances to the Princes and States of the Empire, and the many other Ads which were done by Her Ma jefty's Orders, during that Tranfadion, for the Service and Satisfaction of her Allies, will readily acknowledge, that Her Majefty did her utmoft to procure for her Allies, and in particular for His Imperial Ma- jefty, ail Reafonable Satisfaction , and to unite with them, in the ft ride ft Engagements, to render the Peace fecure and lafting, agreeable to her Speech of the faid 7th of December, and her Meflage of the 17th of January following, in this Article mentioned : And if by any Extraordinary Demands, or Groundlefs Jealoufiesof any of the Allies, or other Acci- dents, Her Majefty was not able to obtain for them all the Advantages fhe defired, this will not derogate from the Truth and Sincerity of Her Majefty's Expreffions: And it is evident Her Majefty did procure them fo great Satisfaction, that the Allies did all fign the Peace at the fame Time with Her Majefty, excepting only the Emperor ', and even his Jn- terefts were fo far adjufted, that what remain'd in Difpute was not thought of Confequence fufficient to delay fo great; and good a YVork : And it is well known the Emperors of Germany have frequently declin'd figning their Treaties of Peace at the fame Time with their Allies : But that Her Ma- jefty was indue 'd, by any Influence of the faid Earl, to enter ^nto any Negotiation with France, exclufiveof her Allies, or that the faid Earl carried on any fuch Negotiation, or that the the Intereft of the faid Allies, or, in particular, of the Em- peror, were, by any Practices of his, given up to France, he utterly denies. And when it is confider'd, that much Sritifh Blood and Treafure had been fpent to recover Spain and the Weft Indies from the Houfe of Bourbon, that an expenfive War had, for many Years, continued, which Her Majefty flill fupply'd with new Recruits and redoubled Expence -, ..4 : , xhac ( 3° 2 ) that her Armies, and thofeof the Allies, had been beaten in Spam i that Prince Eugene had declar'd, that Forty Thou- fand Men and 40000CO of Crowns per Annum, would be ne- ceiTary for carrying on that War, and that his Mafter could fupply no more than a Fourth Part of that Charge \ that it was found by long Experience, how averfe the People of Spain j in general, were, to fubmit themfelves to the Houfe of Auftria *, that Her Majefty difcerned the Charge of re«- newing the War with Spain would be a Burthen too great for her Subje&s, and that there was little Probability of its being fuccefsful •, that the Hereditary Countries were then, by the Death of the Emperor Jofeph, fallen to King Charles, who was foon after chofen Emperor (by which Event the lntereft of the Princes and States of Europe was changed) it cannot be doubted but that Her Late Majefty had, at the Time when (he made the aforefaid Declaration, done her utmoft to recover Spain and the Wefi Indies by Force of Arms : And the moft (he could do afterwards, was by way of NegotiaJ lion, wherein fhe infilled with that Earneftnefs on King Philip's quitting Spain, that France comply 'd with Her Maje- fty's Propofals : But when King Philip jcqu\<\ not be prevail'd on to give up Spain, Her Majefty thought his Renunciation of the Crown of France, as Circumftances then flood, the moft: practicable, if not the only Method left, to prevent the Union of thefe Two Monarchies : But the faid Earl doth not think it probable, that the leaving Spain and the Weft Indies to the Houfe of Bourbon, was the Foundation of the Preli- minary Articles fign'd by Monfieur Mefnager, and of the Declaration annexed, which had been fign'd by the Lord Dartmouth and Mr. St. John, with Her Majefty s Confent (and which the faid Earl fuppofes, is what is called the Pri- vate Treaty in this Article) fince be believes it was then thought more likely, that the Crown of Spain might fall to. fome other Prince. And the faid Earl doth not obferve, how Her Majefty can be charg'd with uttering any Falfity in her Meflage of the 17th of January, wherein fhe takes notice, How groundless the Reports were, that had been fpread, of a Se- parate Peace being treated, for which Report there was not then, nor at any other Time, theleaft Foundation \ fince only fome few Points were adjufied, relating to the particular Inter eft of her own Kingdoms ) and even thofe wsre to have no efftti but upon '■ ■ • the the Conclusion of a General Peace, and were likewije, befom jHch Conclufion, communicated to the Allies. And the faid Earl denies, that thenceforth, or at any Time, there were carried on, by him, any Separate Meafures with the /Vlinifters of France \ nor doth he conceive, that the Propofai about } v a Renunciation was merely fpeculative, but that it was of'' f Nature as would execute it felf, and keep the C'j# ; t be France and Spain more effectually divided than ^: t ' ion tobe confider'd, that it did not confift only in a R ^hf Crown of made bv Philip, then in< the Poffe Vof Fralci buTthat Spam, of his contingent Rioht to ;T fiT I* • I there' was a Title tofhe Cro? i f ranee th^by given to theD.of Orleans W . W- P [° the r reft of the Princes of the H ^f v««won, who could not be prefumed to want the Will, nor would be likely t and not being fully apprized of the whole Project, nor fo well vers'd in the Affairs of that Part of the World as others, who had more Opportunity of knowing them*, and left the Expedition might not, at that Time, prove fo feafible or advantageous as others of better Knowledge inthofe Matters than himfelfdii expect, he did all that he apprehends his Duty required, to prevent the putting the fame in Execution, and exprefled his Concern at it to fome Perfons about the Qaeen. And having fo far (hewn his Opinion of the faid Defign at that Time, be- lieves it would not have been thought proper for him to have appear'd at the Meetings, where the Methods only of carry- ing on the Expedition were to be adjufted, of which Meet 4 ings there had been but lew, before a Misfortune betel him, which confrVd him to his Bed. But the faid Earl denies, that he knew the faid Expedition w.-fs dangerous or deitructive, nor did he hear that it was laid afide formerly by a Com. nit- tee of Council, as dangerous or impracticable," hut only as improper in the Circumftancesof Affairs ar that Time ^ nor doth the fai J Earl know or believe the faid Expedition was fct on foot with any Defign to promote the Intereit of the Frtr.eh King, or to weaken tile Confederate Army in Fl wders, or to dillipate the Naval Forces of this Kingdom •, and when others of Her Majefty's Council, better acquainted with that AI- fair, did judge it to be proper and practicable, he did not think it became him, upon the Strength of his own (ingle Judgment, further to oppofe- an Expedition, which, if it had Qq fucceeded, r 3 o6) fo receded, mofl: certainly would have given a great and fenfi- b!e Blow to the Settlements and Trade of France in that Part of the World. And the faid Earl, with &ood Reafon, is perfuaded Your Lord [hips will not think it unfit that Her Majefty ftiould take the Opinion of thofe who better under- ftood Affairs of that Nature*, or, that Your Lordfhips can judge the faid Earl, in that refpecft, to have been any way wanting in his Duty to Her Majefty *, but hopes it will be ra- ther an Evidence of his Fidelity to the Queen and his Coun- try, that he fo far difcouraged what, in his own Judgment, he was diffident of*, however, he is fatisfy'd, that thofe of Her Majefty's Council who did approve the Expedition, act- ed therein with a fipcere Defire for the Publick Good, not- withstanding the ill Succefs it was attended with, which might chiefly be owing to Delays by contrary Winds, and other unforeseen Accidents. And he doth not believe that Her Majefty's Allies did (uffer any Prejudice, or the common Enemy receive any Advantage, by the Detaching of Forces from blander $ to ferve on this Enterprize \ and is inform'd, that, to prevent any fuch Danger, Her Majefty's General, who commanded at that Time in Flanders, bad Orders for providing other Forces in their Place, if he judged it necefla- ry. And the faid Earl doth acknowledge, that the Sum of Twenty Eight Thoufand Pounds, or thereabouts, was de- manded at the Treafn/y about June 1711, on account of Arms, Accoutrements, Goods and Merchandize, faid to be fent on the faid Expedition toCanada,but he faith,That he was fo far from advifwg HerL ate Majefty that the faid Sum fhould be iffued and paid, that, on the contrary, he put a Stop to the Payment of the fame, until he had done all he could, at that Time, to examine into the Expenditure of the faid Money : But being then Hi>Ji Treafurer of Great Britain, and having received Her Majefty's Orders to pay the faid Sum, and not being able, with his utmoft Precaution, tbentodifcover any juft Caafe why it fhould not be paid, he did afterwards, in Obedience to thofe Orders, and according to the Duty of his Place, counterfign a Warrant to the Paymafter of Her Majefty's Forces, for the Payment of the fame, purfuant to which, he believes the fame was hTued an 1 received. And as to that Part of the faid Article, which charges the faid Earl wi;K employing his Arts or Credit to keep the Houfe of Com- mons (toy) irions from examining that Affair } be begs leave to fay, That (whatever Sufpicions he might entertain in his own Mind) he did not, upon Examination, find, that there was fufficient Proof to juftify the Laying them before either Houfe of Par- liament. And altho' ne hath beeninform'd, that the Papers relating to that Expedition were laid before the Laft, and have been all along in the Power of the prefent Houfe of Commons, yet he hath not heard, that any Fraud hath been made out in that Affair, notwithftanding the Gentlemen who had them under their Infpection, neither wanted Ability to make the utmoft Difcoveries, nor could be fuppofed to be pre vented therein, by any Influence of the faid Earl ; and he hopes it will not be imputed to him as a Fault, if he had us'd any Skill or Credit to keep the Houfe of Commons from examining this Affair, at that Jundure, when, by an unfeafo- nable Inquiry, before a proper Proof could be had, the Fraud j if any fuch there were, would be likely for ever to efcape unpuniuYd. But the faid Earl denies, that he ever exercifed or had any Arbitrary Power or Influence, either in Her Majefty's Private Council, or the Great Council of the Nation, or entertained any Defign to prevent the Juftice due to the Queen or the Nation, or that any Difcovery had been made to him, further than what might give Sufpicion to one who was always jealous (as became him) of any Mifapplication of the Publick Treafure. And the faid Earl faith, That he is notconfcious, that, by any Letter, or Memorial to Her Ma* jefty, he had a&ed contrary to his Duty : But humbly hopes he may be allow'd to obferve, that it would be a Matter of particular Hardfhip, and what feemsto him inconfiftent with the Rules of Honour and Decency, if the moft fecret and in- timate Papers and Letters, wrote to that raoft renowned and pious Princefs, Her Late Majefty, by her own fpecial Com- mand, and for her own private Perufal, fhould be imputed to any as a Crime •, and if any Quotation from any fuch Letter or Paper, could be alledged againft the faid Earl, he doubts not but there might appear, from other of Her Majefty's pri« vate Papers, what would juftify him in many Particulars, wherewith he is charged, and would give further Proof (if it were needful) how tender and affectionate Her Majefty was %o all her Subjects. Qqs, f?o8; In Anfiver to the Second Additional Article. Thefaid Earl doth admit, That about Oftober 171 1, Her late Majefty did fign a Warrant directed to him, then her Treafurer of Great Britain, for the ifluing and payment of the Sum' of 13,000 /. to John Drummond, Efq^ in the Arti- cle named ; and that on or about the 24th of November fol- lowing, inpurfuance of the faid Warrant, under her Ma- jesty's Sign Manual, he the faid Earl did Sign a Warrant for the payment of thefaid 13,000 /. but for more Certainty begs leave to refer to the faid feveral Warrants, when the fame fhal] be produc'd : And the faid Earl takes the Words [for Special Services of the War] to have been inferted by Mi/lake of the Clerks \ for he abfolutely denies, That he gave any Direction for thofe Words, or any other of like- Import, to be inferted: And he believes all the Clerks of the Treafury know, that the Monies which arofe from the Sale of Tin, was the Queen's proper Money, for the Sup- port of her Houftiold, and fuch Occafions as fhe ftiould pleafe to dired, and not appropriated to the Services of the War, alfho' fometimes it hath been pra&is'd, that Loans have been taken upon Tin-Tallies, for the Services of the War, and other publick Services, and afterwards repaid to the Civil Lift, which might poflibly give occafion for fuch Miftake. And the faid Earl faith, That having been ac- quainted with the Services thefaid Mr. Dntmmond had per- form'd, by Order of the late Earl of Godolphin, in borrow- ing Money upon Tin at a low Intereft, the faid Earl ask'd Mr. Drummo'rtd's Content, that a Sum in Tin-Tallies might be (truck in his Name, and with fuch Confent did dired, that Orders amounting to the Sum of 13,000 /. (houk! be charged in the Regifter of the Exchequer, on the Monies arifing by the Sale of Tin, in the Name of the faid Mr. Drummond^ w ho afterwards, before his going to Hvll.md, endors'd, the faid Orders at the faid Earl's Requeft, and left them in the Treafury \ but how long it was before the faid Orders were endors'd, or how long they remained afterwards in the Trea- fury, the faid Sari doth not particularly remember j but doth acknowledge, that the faid Orders and Tallies came afterwards to his own Hands, and were difpos'd for his own life. But in order to lay the true State of this Affair before your Lordftiips, The faid Earl harnbly re- prefents, that upon attending the late Queen, after his king wounded, her Majefty had the Goodnefs to tell hi k n him, That (he defigrfd him a Sum of Money: Upon which he reprefented to her Majefty the bad Condition of her Civil Lift- But feveral times after her Majefty ask'd him, why he did not find a way for receiving the Money (he intended him, and bring the necefTary Warrants for that purpofe? He ftill urg'd the lame Reafon againft it, and for near Six Months made no Step in it, 'till at laft her Majefty was pleas'd to fay. She was refolv'd to have it done. And as her Majefty had, in matters of her Bounty, made ufe of Tin-Tallies for other Perfons, fhe was pleas'd to mention the fame her felf, and order'd proper Warrants to be prepar'd for the Sum, which her Majefty of her Royal Bounty intended him : That after her Ma;efty had fo pofitively fignify'd her Royal Pleafure,eing here, before he had been introduced to Her Majefty, it being ufual for Publick Minifters to be introduced by thofe Servants of Her Majefty, to whofe Office it belongs, as Mat- ter of Duty and common Difpatch, without confulting there- in other Minifters of State. And upon the Notice taken of this Affair formerly in the Houfeof Peers, it appear'd, that the noble Lord who introduced the faid Lawlefs to the Queen, by Virtue of his Office, did it as of courfe, and did not then know he was other than a Native of Spain. And the faid Earl faith, That of a long Time after he had been \o in- troduced, the faid Earl neither knew nor heard that he was other than a natural Spaniard; but when the faid Perfori had continued in England a confiderable Time, there was a Ru- Snour, and the faid Earl was afterwards inform'd, (te was a Native of Ireland, and departed out of that Kingdom in his Youth, and had fince been in the Spanijh Service \ but doth not know, nor was inform d, that he had committed or been guilty of High Treafon, or that he had ferved the Late King fames II. in the War in Ireland, againft King Willi am \\U or had follow'd the faid King James 11. into Fnnce, or been iri hislntereftor Service, or had been in Rebellion againft King William, or in Arms againft the Late Queen. And the faicfc Earl having no Notice of the faid Perfon s Arrival, before his being admitted to Her Majefty, nor any Knowledge of any Crime he was guilty of, fubmits whether it fhali be imputed to him as any Want of Duty, ih&t he did not advife Her Ma- jefty )cfty againft admitting or receiving him in the Character aforefaid, or that he did, by Her Majefty's Authority, meet, confer, or negotiate with him, concerning any Affairs abouc which he was authorizd to treat (in caie he had fo done, which however the faid Earl doth not admit) or that, by Authority from Her Majefty, he paid the faid Sum of One Thoufand Pounds to the iai i Daniel Art bur, which after came to his Ufe. But the faid Earl doth deny, that he ad- vifed Her Majefty to fign the Warrant for Payment of the faid One Thoufand Pounds, or gave any Directions for Payment thereof, contrary to what was intended by Her Majefty. And the faid Earl admits, that fome other Sums of Moneys (which might amount in the whole to Nine Hundred and Fif- teen Pounds, or thereabouts) were paid in Satisfaction of Monies advanced to the laid Lawleft, as part of the Monies agreed to be advanced to His Catholick Majefty by thzAjfiemo- Contratl \ but denies, that he directed the Payment of any other Monies whatfoever out of Her Majefty's Treafury, to the faid Lilefh alias Lartlefs, or knows that any other Monies were paid to him, befide the aforemention'd Sum of One Thoufand Pounds, and the Monies paid in Satisfaction of what was advanced to him towards the Part due to His Catholick Majefty , by the faid AJfiemo-C on tract. And the faid Earl never affumed the Supreme Direction in Her Maje- fty's Councils, neither was he advifing, that the faid Per fon fhould be introduced to Her Majefty, or (liould be received or treated by her Minifters, under the difguifed Name of Don Carlo M<»o, or fhould at all be received as a publick Mi- nifter here. And the faid Earl doth acknowledge, that the Houfe of Lords, with Commendable Zeal, made fuch Ad- drels, and came to fuch Relolution, and that Her Majefty made fuch Anfwer, and iiTued fuch Proclamation, as in the faid Article is menrion'd. And as the faid Earl bad always the higheft Regard to the Safety of Her Majefty's Perlbn, the Security of the Proteftant Snccejfion^ and Advice and Refolu- tion of the Houfe of Peers :> fo he denies^ that he had the leaft Knowledge, that the faid Lilifh alias Law lefs had ever been Minifter or Agent of the Pretender at the Court of Madrid, or the leaft Sulpicion that he was fent into England to promote the Intereft of the Pretender in thefe Kingdoms \ nor; is he conicious to himfelf, that he hath done any thing to espofe fs 2 ° ) expofe the Perfon of Her Moft Sacred Majefty, to enervate or render ineffectual the Advice of Parliament, or Her Ma- Jefty's Declarations, to countenance any EmifTary of the Pretender, or encourage his Adherents, to the Danger of the Troteftam Succeffwn as by Law eftablifti'd in the Serene Houfe of Hanover ^ but, on the contrary is perfuaded his Conduct in that Affair isfo well known, as not to need any farther Ju ftification : But if it fhould at any Time be thought necefTa- ry, he is able to produce thole Proofs of it, which are the Beft Authority in the World for his Vindication. Anfwer to the Sixth Additional Article, In Anfwer to the Sixth Additional Article, the faid Earl hath been inform'd, and doth believe it may be true, that af- ter feveral unfuccefsful Attempts by Her Late Majefty, in Conjunction with her Allies, to eftablifh His prefent Imperial Majefty upon the Throne of Spain, lnftrudions in Writing were given to Mitford Crow, \Lh\\ about the 7th Day of March, 1705, taking notice that Her Majefty had been in- form'd, the People of Catalonia were inclin'd to caft off the Yoke impos'd on them by the French, and to return to the Obedience of the Houfe of Austria \ and that Her Majefty,de- firing to maintain and improve that good Difpofition in them, and to induce them to put the fame ipcedily in execution, had made choice of him to carry on fo great a Work; for the Ad- vantage of her Service and the Good of the common Caufe, as was the Making a Treaty with the Catalans, or any other People of Spain, for the Purpofes aforefaid *, and that the faid ' Mitford Crow was thereby impower'd to give the Catalans, or other Spaniards, AfTurances ot HerMajefty's utmoit En- deavours to procure the Eftabiiihment of all fuch Pvights and Immunities,as they enjoy 'd formerly under theHoufeof^/?n'd and the Confirmation of fuch Titles as had been conferr'd on any of them by the Duke ofAnjou : And that for their further Satisfaction, Her Majefiy had (ent to King Charles 111. for Powers for confirming the fame to them, and was willing, if they infifted on it, to become Guarantee that it fhould be done. And the faid Earl hath been likewife inform'd, That Her Majefty, in a Commiflion granted to the faid Mitford Crow, exprefTe>d,TW Jhe thought fit to enter into a Treaty with the Principality oj Catatonia, or any other Province of Spain, on Condition' they would acknowledge a\idreceiveQ\i2iX\t% the Third, Third, as lawful King of Spain, and utterly abdicate the Houfe of Bourbon, and join their Forces with Her Majefly*.\ And that Her Majefty was pleas'dalfo to llgn and deliver to the (aid Mi t ford Crow, Credential Letters, directed to the Nobility, Magiftracy, and other Officers of Catalonii, or any other Province of Spain, defiring them to give Fairh to every thing the faid Mitford Crow fhouli tell them in Her Majefty's Name : And that Inftrudions were likewife given to the Earl of Peterborough and Sir Cloudejly Shovel, about the Time, and to the effect in the faid Article mentioned -, and that a Manifefto or Declaration was afterwards publiflicd, by the faid Earl of Peterborough, to the effect in the faid Article fee forth •, but the faid Earl denies, that fuch Manifefto or De- claration was prepared by his Advice or Privity And the faid Earl believes it may be true, that fome part of the Nobi- lity, Gentry, and Inhabitants of the Principality of Catalonia, and alfo of the Inhabitants of the Ifland of Majorca, did af- terwards acknowledge KingCharles the Third (now Empe- ror) for their lawful Sovereign, and did join their Arms with thofe of Her Majefty and her Allies, againft the prefent King of Spain ; but by what Motives they were indue'd thereunto the laid Earl does not know. And the faid Earl does acknow- ledge, That, for fome time, the Arms of Her Majefty and her Allies in Spain, were attended with confiderable S&ree£ fes, in which the Bravery of the Catalans appear'd, and the Forces of the Confederates twice entcr'd the Capital City of that Kingdom^ by which fignal Conquefts, and the great Supplies that have been granted by Parliament, for their Af 1 fiftance, the faid People were under the higheft Obligations of Gratitude to Her Majefty} but the Advantages thofe Suc- ccfTes had given King Charles the Third, being loft, Her Ma- jefty found the Burthen of that War very heavy to her Sub* jec%, the Conqueft of Spain, for the prefent Emperor, im- practicable, ai,d, after the Acceflion of the Empire and Def- cent of the Hereditary Countries to him, efteem'd incon- fiftent with the Interefts of many of her AMies ; and therefore thought it neceiTary, for the Good of her People, and the Tranquility of Fur ope, to enter into Negotiations for a Gene- ral Peace. But the faid Earl denies, That he enter'd into any Confpiracy for fubjeding the Spanijh Monarchy to the Houfe of Bourbon^ or ever had the leaft Defign of the Ruin or De- S f fhuftkij firu&ion of any of the Rights, Liberties, or Privileges of the Catalans •, or that he ever formed any Contrivance for abandoning them to the Fury or Revenge of the Duke of jinjoH, or bis Adherents-, or for the Extirpation of any of their Rights, Liberties, or Privileges*, or that he advis'd Her Majcfty to give Directions to the Lord Lexington to acknow- ledge the Duke of Anjou King of Spam, before any Negotia- tion of Peace was fet on foot in due Form of Law, between the Crowns of Great Britain and Spasm On the contrary the faid Earl faith, That, by Letters and Papers fent by One of Her Majefty's Principal Secretaries of State to the Lord Lexington, it will appear, that after Her Ma/efty had heark- en'd to the PropofaJs for a General Peace, for the Good of her own People and her Allies, (he us'd her bed Endeavours for obtaining the Liberties of the Catalans, at theConclufion of the Peace, and that His Lordftrip was directed perempto- rily and abfolutely to infift thereon : Nor doth the faid Earl know or believe, that any Orders were ever fent from, or given by Her Ma/efty, to any of her Minifters, to recede from that Demand *, or that the faid Lord Lexington ever de- fifted from making the utmoft Efforts he could for obtaining tt. And if, from any Meafures of the Catalans, or of His Imperial Majefty, or from any other Caufe, Her Majefty's Endeavours had not their full effect, the faid Earl conceives - ic cannot be imputed to any Neglect of Her Ma/efty, or any Want of Duty in him the faid Earl. He believes, That about the Time in the faid Article mentioned, His Imperial Majefty did enter into a Convention or Agreement for eva- cuating Catalonia \ and that Her Majefty, out of Inclination to perform her beft Offices to the Emperor, wasprevail'd on to become one of the Guarantees thereof^ but denies, That His Imperial Majefty was neceffitated, by any Practices of the faid Earl, to make any fuch Convention, and is ignorant for what Caufes His Imperial Majefty, whom it moft concerned, omitted, in fuch Convention, to make exprefs and pofitive Stipulations for the Liberties of the Catalans. If it proceed- ed from any Dependance upon the Declaration of Her Maje- fty, tointerpofe her beft Offices on their behalf, and the Pro- mifes of the French King to join his Endeavours therein j he is confident it will appear, Her Majefty's beft Offices were employ'd in that Affair, when itisconfider'd, what repeated Inftances Inftances fhc made by her Minifters, and in the moft pathe- tick manner, to obtain for them the Privileges they defrYd. And that Her Majefty, by her earneft Interpofition, did ob- tain a Grant and Confirmation to all the Inhabitants of Catalonia, of a perpetual Amnefty. and Oblivion of all that was done in the Late War, the full PofTeftion of all their Eftatesand Honours, and a farther Grant of all their Privi- leges, which the Inhabitants of Both Cafliles, who, of all the Spaniards, were moft dear to the King of Spain., enjoy'd, or might at any Time after have, or enjoy \ whereby the Catalans., if they obtain'd not all the ancient Privileges they pretended to, receiv'd however, in Compenfation thereof, the Advantage of trading direftly to the Weft Indies, and other Privileges, to which they were never before intitled. And theHoufc of Peers, upon Confideration of feveral Pa- pers laid before them, relating to this Affair, inpurfmnce of their Addrefsto Her Majefty in tliat behalf, exprefs'i theit utmoft Thankfulnefs and Satisfaction for Her Majefty's re- peated and earneft Endeavours for preferving to the Catalans the full Enjoyment of all their juft and ancient Liberties. And it is probable Her Majefty had prevail'd to obtain for them their ancient Privileges and Liberties, in the largeft Ex- tent, if they had waited the Event of her gracious Interpofi- tions in their Favour, and not determined to carry on the War by themfelves, againft King Philip, after the Emperor had fign'd the Convention for evacuating their Country \ which incens'd the King of Spain in the higheft degree, and was look'd upon by him as the mod: obftinate Rebellion. However, the faid Earl faith, He never amus'd the Catalans with any Expectations whatfoever, nor in any degree contri- buted to engage them in any obftinate Defence againft the Duke of An')Qu \ nor advis'd Her Majefty to conclude a Peace with Spain, without Security for the ancient Right?, Liberties, and Privileges of that People*, or to fend Sir James Wijhart with a Squadron of Men of War, for the Purpofesin the faid Article mention 'd \ but believes Her Ma- jefty might think her felf oblig'd, by being Guaranty to the faid Convention for the evacuating of Catalcni*, to fend the faid Sir James Wifhart into the Mediterranean, with a Squa- dron of Men of War, altho' he knows not the Orders or In- ftruftions ^iven on that Qccafion-, and humbly apprehends, S f 2 dw> that be cannot, in Juftice, be charged with any Confequences from that unhappy People's Refufal to comply in their Submif- fion to the King of Spain, upon the Terms Her Majefty had ilipulatcd for them. CONCLUSION. THUS the faidEarl has laid his Cafe before Your Lord- fhips, wherein he hopes he has fully anfwer'd thefeve- ral Articles exhibited againft him *,yet left there fliould be any Omiflion in his Anfwer, which may be made ufe of to his Pre- judice, he fays, He is not guilty of all, or any the Matters contained in the faid Articles, or any of them, in Manner and Form as they are therein charged againft him : And humbly hopes that Your Lordfhips will excufe any Imperfedions or Defeds in the faid Anfwer, with regard toExpreflion or Form v and impute whatever of that Kind may appear, to the great Weaknefs of Body, and ill State of Health, which the (aid Earl now labours, and hath for fome Months pad la- bonr'd under : Arid that Your Lordfhips will be indue d te make all further Due Allowancesin his Favour, from the fol- lowing Confiderations, which relate to the Nature of the Charge in general, and the Djfficulties with which his Defence of himfelf, againft the Particulars containd in that Charge, 5s, and muft be attended. Moftof the Articles with which he tfands charg'd, relate entirely to the Negotiations of the jpeace lately concluded dXVtrecht \ he doubts not but Your Lordfhips will confider, that he muft of neceffity be under great Difficulties, in giving a full and particular Account of fuch a great Variety of Fads as are contain'd in thefe Arti- cles*, that feveral of thofc Fads concern Tranfadions with the Minifters of Foreign States, who cannot be produced as WirnefTes in his Defence, be their Teftimony never \o mate- rial •, that many Steps and Proceedings in an Affair of this Naure, where the Interefts of feveral Parties, not only fe- parate from, but fome of them alfo-contrary to each other, are to be adjufted, do require great Secrecy and Addrefs in the Management. And that in Treaties between Enemies, fuch Terms are often propofed, andfnch Arguments ufed, as carry a Different Appearance from the real Intentions of thofc that treat : Upon which Accounts it muft be very difficult to Set e^rv thing that paft in the Late Negotiations, with re- gard (o the Enemy, and to the Allies, in a clear Light, and to juftify Juftify every Step that was taken towards conducing them to the End propofed, efpecially fince the Account of thofe Tranfadions,and of the Reafons on which they were found- ed, cannot, as he conceives, be duely cleared, bjtby infpeft- ing the entire Series of Letters and Papers which pafd du- ring the Continuance of thofe Tranfadions, and by com- paring together fuch PafTages in them, as might give Light to each other, and to the whole. All which Letters and Pa- pers are (as he is inform'd) now in the PoiTeffion of the Ho- nourable Houfe of Commons •, nor was it thought fit, upon his humble Application to Your Loi dfhips, that he fhould be indulged with a Copy of any of them. He hopes that it may not misbecome him, on this Occafion, to obferve to Your Lordffaips, that theHonfe of Commons, by being pofTefTed of thofe Papers, have a fuller View of the whole Progrefc, and of all the fecret Steps of that Negotiation, than perhaps was ever, in the like Cafe, imparted to any Houfe or Parlia- ment \ and they have therefore all the Advantage pofiible to- wards forming the Charge againft him upon the Articles of his Impeachment } whereas he (the (aid Earl) being deft it ute of all Aftiftance from thofe Papers, is under great and particular Difadvantages towards making his Defence, in the Points whereof he there ftands accufed \ and he is therefore humbly affurd, that as Your Lordlhips, on the one fide, will not exped from him any fuch Proofs of his Innocence, as can only be drawn from a Perufalof thofe Papers •, fe>, on the other, ycu will not admit of all,or any of thofe Articles, as made good againlthim, unlefb the Accufations therein contain'd, be fup- ported by the Cleared and molt Unqueftionable Evidence, of which the Nature of the fads is capable. He fubmits it like- wife to Your Lord (hips Confide ration, whether, in a Nego- tiation drawn out into a great Length ,where the Advice of all thofe in High Truft about Her Majefty was to be taken, and where feveral Perfons were to be intruded with the Manage- ment of what was agreed upon, he can, with any Colour of Equity, be made anfwerable for advifing and conducting the whole ? He defires alfo farther toobferve, that everything with which he is charged, was done in the Reign of a gra- cious Princefs, now deceas'd, who, by reafon of theperfed Knowledge fhe had of the ill State of Affairs at home, of the Advances made towards Peace from abroad, and of the Com- mand s mands which (he at feveral Times laid on her Servants, Jhad been the beft. and indeed could be the only competent Judge, whether fhe was fraudulently dealt with, led, by ill Ad- vice, into Meafures which Ihe did not c'ired: and approve, or made any Inftrument of facrificing the Inrerells of her King- doms to the Enemy. 1c is with great Grief that he finds fuch things fuggefted, as feem to lay a Stain upon the Chara- cter of fo excellent a QUEEN, whofe Memory, he is confi- dent, will be for ever dear to this Country. And therefore he takes leace, in the mod folemn manner, to affure Your Lordftiips, that as far as he knows, or can remember, every thing relating to the Tranfa&ions of Peace, was communi- cated to Her Late Majefty, and maturely confider'd by her, before any thing was determin'd thereupon, nor was any Step taken, but in purfuance of fuch Determination. As to the Peace in general, he the faidEarl thinks be has very good Reafon to fay, That the Queen had nothing more at Heart, than to procure fo great a Bleffing for her People } and that when it wasobtain'd, fhe had this Satisfaction in her felf, that fhe had taken the moft proper Meafures to juftify her Con- dud, both toward her Allies and toward her own Subjects : For upon a Review of Her Majefty s whole Proceeding, in relation to War and Peace, he believes it will appear, and bath in partappear'd, by the Anfwer of the (aid Earl to the faid Articles, that as Her Majefty enter'd further into the War than fhe was obligd by any Treaties, fubfifting at the Time of her Acceflion to the Throne, fo fhe contributed more Men and Money towards carrying it on afterwards, than fhe was engag'd to provide by any fubiequent Treaties. That her earneft DeGrcs of Peace being twice fruftrated, when fuch Conditions mi^ht have been obrain d, as would have fully anfwer'd the Ends for which the War was at firft declared : That all our Succefles and Victories ending *n the annual Increafeof the Charge of England, without any further Afiiitance from her Allies ^ and her Kingdomsbeing exhaufted to fuch a Degree (notwithftanding the great Ad- vantages obtain'd by her Arms) that fhe was not able to conti- nue the War upon the Foot it then flood, one Year longer \ whilft her Allies refus'd to continue it upon thofe equal Con- ditions, to which they were by Treaties obligd : She was at laft coMrain'd, in Ceropaffioji to her People, to hearken to ( ? 2 7) the Overtures of Peace then made her from France, without* relying farther on the vain Hopes of gaining more Advanta- geous Terms, by protracting the War a Year longer : She had carry'd it on for fome Time under that Profpeft, without reaping the Benefits propofrd, even at Junctures that feem'd racft favourable to her Demands, and to the Pretcnfions of her Allies*, (he had indeed, by that means, raisd the Glory of her Arms, but fhe could not think this a fufficieut Recom- pence for the increafing Miferies of her People, and there- fore refolv'd to lay hold of the Opportunity that ofTer'd to her, of ending the War by a Peace, if it might be obtain'd upon Terms every way Juft, Safe, and Honourable*, and thofe who were then employ 'd in Her Majefty's Councils, thought thcmfelves oblig'd to fecond her good Intentions m this Cafe, and to obey her Commands with all Readinefs.' The faid Earl prefumes, on this Occafion, to mention the Saying of as Wife a Man, and as Great a General, as the Laft Age produced, the Duke of Parma, when France was in a far Lower Condition than now, being almoft equally divi- ded between Two contending Parties, and Spain was at the Heigth of its Glory, and he himfelf at the Head of a Spanifij Army, fupporting One of thofe Parties, after Paris it felf had been befleg'd by the Other, it was his Opinion (and the* Advice he gave to His Majefty, the King of Spain, was grounded upon it) That if France were to be got only by reducing itsToTVW, the World would be fooner at an Endthanficha War. The Queen feem'd, at this Time, with better Reafon to frame the like Judgment:, and it was therefore her Plea- sure, and a great Inftance (as the faid Earl conceives) of her Wifdom and Goodnefs, to think of fecuring a Peace while (he feem'd able to carry on the War, her Armies being full and numerous, and before the Exhauited Condition of her Kingdoms, and the Impoflibility, on her Side, ot maintain- ing To difproportioned an Expence, was difcover'd by her Enemies. At this Jundure the Queen enter'd upon a Nego* tiationof Peace, with Circumftances of great Honour to her felf, France applying to her flrft on this Account, previoufly owning her Title, and acknowledging the Uigbc of the Protfftant Succjfwn, two Chief Grounds upon w hich the De- claration of the Laft War was built. As to the Aliies, it was conducted in the fame manner as all Treaties of Peace in Con- federacies federates have ever been, and according to the known Laws of Nations in fuch Cafes •, the Firft Motion, and the feveral Steps of it, as fait as they ripen'd into Propofals fit for Confi- deration, being, without Delay, communicated to the States General By the Terms of this Peace, as all Reafonable Satif- fadion and Security, due to any of the Allies, by Treaty, were obtain'd for them by the Queen, and their Jul 1 Preten- tions effectually fupported } (b larger Advantages were a&ually procured for Great Britain in particular, than ever had been demanded before, in any Treaty and Negotiation between this and any other Foreign State. The (kid Earl craves Leave, on this Occafion, to appeal to Your Lordfbips, whether all the Ends for which the War was enter'd into, have not, by this Treaty, been fully attain'd ? Whether it does not appear by the Beft of Proofs, Experience, that the Kingdoms of France and Spain, are, by the Conventions of this Treaty, moft effectually feparated? And whether any other Expedient could have been fo fuccefsful to this Purpofe, as that whereby it is now happily brought about ? Whether the Ballance of Power in Europe be not now upon a better Foot than it has been for an Hundred Years part ? Whether the Advantages that have accrued to Great Britain, by the Treaty, do not appear, and have not appeared, in the Secu- rity of the Vroteftant Snccejfion, and in His Majefty's peace- able Acceffion to the Throne, with the univerfai Applaufe of his vSubjeds ? in the Additions made to our Wealth, by the great Quantities of Bullion lately coin'd at the Mint \ by the vaft Increafe of Shipping employ 'd fince the Peace, in the Fifhery , and in Merchandize j and by the remarkable Rife gf the Cuftoms upon Import, and of our Manufacture, and the Growth of our Country, upon Export. For the Proof of which Particulars he refers himfelf to thofe Offices and Books wherein an Authentick Account of them is contained. And as the Terms of the Peace were, in thefe, and other Ret- pe&s, manifeff ly profitable to Great Britain *, (o the faid Earl begs Leave humDly to remind Your Lordihips, that they were communicated to the Parliament, and, with their Con- currence, agreed on : That the Peace, thus concluded, was (afterwards) highly approv'd by bothHoufesj that folemn Thanks were rendered to God for it in all our Churches, as well as in the Churches ot the Vnited Provinces - and that Her ( 1*9) her Majefty received on this Subject, the hearty and un- feigned Congratulations of her People from all Parts of her Dominions. Thefe being the real Effeds, and this a true Reprefenta- tion of her Majefty's Condud, in the Affairs both of War and Peace , the faid Earl fees not how be, or any others, then in her Majefty's Service, can be juftly fhars'd with be- traying the Interefts of their own Country, and of the Al- lies, by negotiating and promoting that Peace, which then was, and (as he has good Grounds to believe) ftill continues to be very acceptable and advantageous to thefe Kingdoms \ and if the Peace it felf be not condemned, and it be not e- ven charged upon the faid Earl as a Crime, that he advifed her Majeity to conclude that Peace, (neither of which ap- pear to him from the faid Articles,) he humbly conceives it is a particular and extraordinary Hardfhip upon him, that rough Draughts and EfTays towards a Peace, with other Pre- liminary Steps in a Negotiation, all leading to an End which he looks upon to be jultand profitable, and which is not in any of the Articles alledg'd to be otherwife, fhould be brought into fo many diftmd Heads of Accufation agai nffc him. For luppofing, that in the procefs of fo nice and diffi- cult on Affair, fubjed: to divers unforefeen Obftrudions and Events, any improper Steps had been taken, which the faid Earl doth not admit, but altogether on his part denies, yet if Things were at laft concuded to a right lflue, and ended in an honourable and advantageous Peace, there can be (as he conceives) no juit Ground to find fault with the Meafures made ufe of to compafs it, becaufe they feem'd before the Accoinplifliment to have a different Tendency *, efpccially if it be confidered, that fcarceany Peace hath been made by a Confederacy, where lefs Occafion was adminiltred for Jea- loufy among the feveral Parties, and lefs Reafon given to' complain, that every Nicety required, by the Letter of fuch an Alliance, was not ftridly obferv'J •, and therefore he humbly hopes, that no Steps taken for obtaining a Peace, approv'd by the Wifdom of former Parliaments, fl.ali by any fucceeding Parliament be accounted Criminal, unlefs it can be made appear that thole Steps were taken contrary to the Queen's Orders, or upon corrupt Views of private Ad- vantage-, but that no Charge of this Nature can be made Tt gxd good againft him, he prefumes to affirm, with great affurance nor doe he know of any other Perfons juftly chargeable upon cither of thefe Accounts. And as a farther Proof, that thole who ha .1 the Honour to ferve her Majefty in the Ne gotiations of Peace, adred with upright Views and Intenti- ons, and without being confcious to themfeives of any failure in their Duty, either to their Queen, or their Country: The faid Earl craves leave to obferve to your Lordfhips, That they never attempted to cover their Actions from pub- lick Ceufure, by any Pardon or Indemnity, tho' they had very good Reafon to believe, that had they judged, or ima- gin'd themfeives to have wanted fuch Security, it might (thro* the Goodnefs of the Queen) have eafily been obtain'd. Nor can he think it an Obfervation unfit to be made, that in few of the Articles which concern the Negotiations of Peace, the Charge is founded on any Breach of the Laws of Great Britain, but it is in moft of them built chiefly on the fuppofed Infraction of certain Treaties and Alliances with foreign Princes or States •, and he conceives that fuch Infractions of publick Treaties, where they do not particularly affedr. the Interefls of Great Britain, being cognizable by the Laws of Nations only, and not by thofe of the Realm, are not wont to be examined into here at home, and profecuted as Crimi- nal, but upon the Complaint of fome Prince or State, pre- tending by that means tote in jur'd, and lodging fuch Com- plaint in fome reafonable time with the Prince, by the Ad- vice of whofe Miniftersand Servants fuch Injury is fuppofed to have been done *, but he knows not that any fuch Steps have been taken fince the Peace, by any of the Powers concern'd , on the contrary he believes that all the Allies, except the Emperor and Empire, made their Peace with the Enemy at the fame time the Queen did, and that none of them did afterwards complain to her Majefty (who furviv'd the faid Peace a Year and alraoft: four Months) of any Hard- ihips impos'd upon them in it. That the Princes of the Em- pire, who contributed very little to the War, might have concluded their Peace upon reafonable Terms at the fame time the other Allies did, and would probably have done it, if theEmperor on his part had been willing to fign together with them, which he is inform'd,at the Conclufion of any General Peace, has been feldom done *, and particularly at the feveral Conclufions of the Peace of Munfter^ that of Nimegnen^ and that of Ryfwick was not practiced. And he fubmits to your cm) your Lordfhips Confideration, Whether the Emperor, ha- ving had aU reafonahle and equitable Satisfaction made him for his Pretenfions to the Succefiion of the Spamjh Monar- chy, according to the Terms of the Grand Alliance, could have any juft Reafon to complain of the Queen's Minifters, or thofe of her Allies, for concluding -a Peace, without infi- xing, on his Account, upon impoffihle Conditions ^ efpecially when no Provifion was made, or ofTer'd to be made, to re- imburse her Majefty any part of thofe vaft Sums fhe had al- ready expended in fupport of his Pretenfions, whilft he fail'd of fupplying his Quota, almoft in every part of the War, notwithstanding his new and great Acquifitions. But whether the Emperor, or any other of the Allies had any juft Ground of Complaint or not, ftill the faid Earl pre- fumes to infift, that it ought to have been fignifyed to the Queen, who upon fuch Complaint, had /he found any of her Servants ;uftly blameable, as difobeying her Orders, or mis- leading her by their Advice, intounjuftifiable-and difhonour- able Meafures, might have punifh'd them forthwith as their Offences deferv'd \ but nothing of this kind having been done, he humbly leaves it to be confider'd by your Lordfhips, whether the Silence of the Powers concern'd. doth not carry in it a ftrong Preemption, either that they had no real and juft Ground of Complaint, in relation to the Terms of the Peace it felf, oratleaft did not look upon the Minifters oi the Queen as any ways liable to blame on that Account } and therefore he muft again beg leave to exprefs to Your Lord- fhips his Concern, that he fliould be charg'd as a Criminal, by the Laws of this Land, for fuppofed Breaches of Trea- ties with Foreign States, which never were complained of, as fuch, by the States themfelves, during the Life of ber Ma- jefty. He defires farther to obferve to your Lordfhips, That wherever He is charg'd with carrying on a private and feparate Negotiation, 'tis ail along understood with regard only to the btatesof the United Provinces, no ftep that was communicated to them being cenfur'd upon this Account 5 whereas all the other Allies, had by vertue of their Treaties with the Queen, a like Right to a Communications of Councils •, and her Majefty was under no Stipulations ta adfc more in concert with any one than, with all of them. He does indeed allow it to have beentnoft agreeable to Reafon^ T't*" ml and to the Inter-efts of State, that the Queen ftiould ad in a clofer Qbnjundion with Holland than with any other of her Allies, becaufe that next to Great Britain, Holland bore the greateft Share in the Charge of the War •, but then he hopegit will be allow'd alfo, that the States being more in- terrefted in the Succefsof the War than England, and that England having fubmitted to a greater Share of the Bur- then, in order to procure not only a fitting Security for the States, butfuch as brought great Advantages to them, tho* no Benefit to England, it was very reafonable for the Queen to take care of the Intereft of her own Kingdoms fome o- ther way : And fince the Advantages (he demanded from the Enemy, were fuch as (he might obtain, without any Preju- dice to the States, it was as lawful for her to negotiate this. Matter without communicating it originally, and in the firft Rife of it to them, as it was for her and the States to con- cert their mutualinterefls together, without the immediate and exprefs Participation of the other Allies, which being known to be done without a Defign to defeat any of the main Ends of the Alliance, was never complain'd of by any of the Confederates. And as for the Matters concerted pre- vioufiy with France for the particular Intereft of England without the original Intervention of Holland, the States were fo far from protefting againft her Majeftv's Meafures, and condemning her Cond«d in this Refped, that their JVliniiter proffer'd feveral times in their Name to have led the Way, in the mod difficult Part of the whole Negotiati- on, and to have done his utmoft to facilitate the Conclufio n. of it, provided his Mailers might have a Share in the Jjfi- ento Contraband Trade to the Spanifl) Weft-Indies, one of thofe Advantages which Frame had difcover'd its Wil- lingnefs fliould be allow'd previoufly and entirely to En- gland. Thefe few general Obfervationsthe faid Earl has thought fit to add in the Clofe of his Anfwer to the feveral Articles of his Impeachment, not only in his own necefTary Vindica- tion, tut alfo in Defence of her late Majefty's Condud in the negotiating and concluding a Peace, the perfeding of which (he efteem'd as the greateft Happinefs of her Reign. Upon review of the 22 Articles with which he is charg'd, as he is not confeious of any Offence committed by him with ; ' xefpedt fin). refpeft to any one of them, fo it is with a particular Concern and Surprize that he rerledson thofe two, wherein he is ac- cufed of High Treafon, for endeavouring to procure Tour- nay to France, and To deprive the States of that intended part of their Barrier ^ and for procuring Spain and the Weft- Indies to the Duke oi Anjou^ upon his Renunciation of the Crown of France; Referring himfelf to what he has faid in his Aniwer to both thefe Articles, he here further affbres your Lord fhips (and thinks it is fufficiently known both at home and abroad) that his Opinion and Endeavour as Occa- fion offer'd, always were for Tournays remaining, as it now; does, to the States General *, and as to the latter, he doubts rot but that what has lately happend in France^ is a con- vincing Proof to your Lordfhip's, and to all the World, that the Renunciation was the beft Expedient that could have been propofed towards hindring the Two Kingdoms from being united under one and the fame Monarch, that that Branch of the Treaty which relates to this Expedient has fully anfwer'd its End, and made good the Character given of it by the Queen, That it would Execute it felf\ and therefore that whoever advifed this method of feparating the two Crowns, was io far from being Guilty of any traiterous Defign, that he eminently promoted the Welfare of Great Britain , and the Good of Chriftendom. The faid Earl, with all the AfTurances of an innocent Man, begs leave to repeat, that as well in this as in all other Affairs of Stat,e, in which he had the Honour to be employ'd by her late Maje- fty, he ever a&ed according to the beft of his Skill and Judgment, with fincere Defires and Intentions to ferve the Publick, and without any View to his own private Advan- tage. As he was in feveral great Stations under her Majefty, he came into all of them by her own fpecial Command, without his feeking or defiring them, and he fervd in alt with the utmoii Refped, Zeal and Faith fulnefs. And' while he continued in thefe Stations for many Years, it was with great Wonder and Pleafure that he oblerv'd how her Maje- fty's whole Thoughts, Endeavours and Time were divided between her Duty to God, and fler Love to her People, whofe Good and Security fhe prefer'd always to her own Eafe, and often hazarded her Health and Life it felf, to pro- cure it. He knew that the moil effectual way for any One to (H4) to recommend bimfelf to her good Opinion, was, to a& upon the fame Principles of Juftice and Love to his Country, that (lie did : And as fhe abhorr'd the Thoughts of any thing burthen- fome or injurious £o her People •, fo fhe often ex- prefs'd her lelf with the greateft Satisfaction and Delight, when (lie reBe&ed on the Advantages obrain'd by her for her own Subjeds. and the Quiet and Kepofe (he had gain'd for Europe, by that juft and honourable Peace, for which, as the prefent Age does, fo Generations to come will blefsthe Memory of that excellent and re- nowned QUEEN. AFTER the Reading of this Anfwer, the Lords order'd the fame to be enter'd in the Books of their Houfe \ and on Wednefday, the 7th of September, fent a MefTage to acquaint the Commons, That the Earl of Oxford and Earl Mortimer had put in his Anfwer to the Articles of Impeachment exhibited againfi him for High Treafon and other High Crimes and Mif demea- nors, and to deliver to the H6afe of Commons a true Copy thereof. Hereupon the Commons or- derd, That thefaid Anfwer be read upon Friday * Sept. $tk. * Morning next \ but the falne was put off till IhefaidAn* Monday the 1 2th of September , when, thefaid jrver read m Anfwer bdrig read accordingly, there arofe a ' tef/, ^ B1 fmall Debate. Mr. Walpote, among other mns ' i things, faid, ' He had not yet had Time to * perufe and examine that Anfwer, but that he 'now heard it read with a great deal of Attention * and, in his Opinion, it contained little more c than what had been fuggefted in Vindication of * the Late Aleafares, in a Pamphlet intitkd The 1 Condutt of the Allies, and repeated over and c over in the Papers call'd The Examiner. That ' the main Drift of this Anfwer feem'd to prove * thefe two Aiftrtions : Eirft, That the Earl of ' Oxford had no fhare in theadvifmg and ma- 4 naging the Matters mentioned in the Articles * againithim, but that theLate Queen didevery c thing j j thing \ and Second 1 )/, That the Late Queen ( was a Wife, Good, and Pious Princefs. c That if the Second Proportion were not bet- c ter grounded than the Firft, the Reputation of that excellent Princefs would he very Preca- 4 rious: But as every Body mud own her to 4 have been a Good and Pious Queen, fo it was 4 notorious that the EarJ of Oxford, as Prime 4 Minifter, was the Chief Advifer, Promoter, 4 and Manager, of the Matters charged upon 4 him in the Articles : And therefore his An- swer was a Falfe and Malicious Libel, laying 4 upon his Royal Miftrefs the Blame of all the 4 pernicious Meafures he had led her into, againft 1 her own Honour and the Good of his Coun- 4 try : That he hoped the Earls Endeavouring 4 to fcreen himfelf behind the Queen's Name, 4 would avail him nothing : That 'tis, indeed, 4 a fundamental Maxim of our Constitution, 4 That Kings can do no wrong \ but that, at the 4 fame Time, 'tis no lefs certain, That Miniffiers 4 of State are accountable for their Actions \ 4 otherwife a Parliament would be but an empty c Name \ the Commons ftiould have no Bufinefs 4 in that Place \ and the Government would be c Abfolute and Arbitrary. That tho' the Earl 4 had the AfTurance to averr, That he had no 4 (hare in the Management of Affairs that were 1 tranfaded while he was at the Helm, yet h& 4 pretended to juftify the Late Meafures : And 4 therefore, in that Refped, his Anfwer ought 4 to be look'd upon as a Libel on the Pro- ceedings of the Commons, fince he endea- 4 vour'd to clear thofe Perfons.who had already c confefs'd their Guilt by their Flight. ' Mr. Sbippen, a Creature of the Earl of Oxford, could not be altogether filent on this Occafion : He faid, c That it would not become him tode- c fend the Earl's Anfwer, fmce, as a Member of c that honourable AfTembly, he was become one 4 of his Accufers: But that he could not forbear 4 wifhing cm, 4 wifhing, that this Profecution might bedropt, 4 and that the Houfe would be fatisfy'd with the 'Two Late Ads of Attainder. That this Wi(h c of his was the fironger, becaufe one of the ' Principal Reafons that indue'd the Commons c to impeach the Earl of Oxford, fubfifted no c longer, the Affairs of Europe having receiv'd a 4 fudaen Turn from the Death of the French 4 King , whereby the Renunciation of King 4 Philip began to take Place, in the Advance- 4 ment of the Duke of Orleans to theabfolute ^Regency of France. ' Mr. Aflaby anfvver'd thereupon, c He hop'd 'twas to little purpofe 4 the Gentleman who fpoke laft, endeavour'd to 4 move the Pity and Companion of the Houfe, 4 and perfuade them to drop this Profecution. 4 That this was not a proper Time to examine 4 and reply to the Earl of Oxford's Anfwer ^ 4 and therefore he would content himfelf with 4 faying, in general, That it was a Contexture 4 of the Shifts. Evafions, and Falfe Reprefenta- 1 j Pmm c tions, contain'd in the Three Parts of the + Hi* pbkt written * ftory of the White Staff. That as to what had by Daniel De c been fuggefted, concerning the Event which Foe, in vindi- c feem'd to have ftrengthen'd the Renunciation, xktion of the 4 he did not deny, there might be fomething in Eoo/ Oxford. 4 if, which was manifeft from the great Joy the 4 Well affe&ed to the Government had (hewn 4 on thisOccafion, and from the Mortification 4 and Defpair that appear'd in the Faces of a cer- 4 tain Party: But that, after all, it could not , c yet be afcertain'd, That the Renunciation was 4 in Force *, that there was a^aft Difference be- 4 between the Regency and the Crown •, that 4 Time only would decide that Matter •, but that 4 even fuppofing that, by the Concurrence of 4 unforcfeen Events, King Philip's Renunciation 4 fliould, at laft, take Place, yet the fame 4 would not juftify the Minifters who propofed 4 and laid it as the Foundation of the Late 4 Peace, fince they with whom they treated, 4 were; Cm) c were fo frank and fo flncere as to tell them, c That it conld never be valid, by the Fonda- * mentalLawsof France.' After fome otherSpeech- es, it was order'd, ijt, c That the Anfwer of * Robert E. of Oxford and E. Mortimer, he re- c ferr'd to the Committee appointed ro draw up c Articles of Impeachment and prepare Evidence c againft the impeached Lords \ ' idly, 'That ' the faid Committee do prepare a Replication to the fail Anfwer. ' Accordingly, on Friday the 1 6th of September, Mr. Walpok, from the faid Committee, reported the faid Replication, which he read in his Place, and afterwards de- livered in at the Table, where the fame was read, agreed unto, and order d to be ingrofsd. Three Days -f after, the IngrofTed Replication! Sept. i$tb was read, and order'd, That the Ld. Coningsby do carry the fame to the Lords : Which His Lord/Lip did accordingly. The faid Replication is as follows : The Commons REPLICATION to the An- Xeplhaticn of fwer of Robert Earl of Oxford and Earl the Commons Mortimer. *o tks E*rl of THE Commons have conftderdthe Anfwer 0/ Oxford'* An- Robert E~ of Oxfjrd and E. Mortimer/**'' to the Articles of Impeachment exhibited again (I him, by the Knights, Citizens, and Burgeffes^ in Parliament affembled \ and do with Aftomjhment obferve, That the J aid Earl, inftead of giving a Reafonable and Pertinent Anfwer, tothejufi and heavy Charge brought agairtfthtm, by theCommons of Great Britain > has prefumd not only to deny his advifing and being concern din any Matters of State, in the Articles charged again si him y tho* confeffed to be under an Adminifiration, wherein he was notorioufly the First Minx ft er and Chief \ Director : But has alfo joined therewith a Falfe and Malicious Libel, laying upon his Royal Mi- firefs the Blame ef every thing, which, by impofmg upon her, he had ejfctled against her Honour, and Uu the the Good of his Country ; thereby attempting to re' ftecl upon the Honour and Juftice of the Houfe of Commons, and to caft an Odium upon their Pro- ceedings against him, as tending to a/per fe the Me- mory of the Late Queen. Bnt the Commons are of Opinion, that if it were pojfible to add to the heavy Load of Guilt, in which the Treafons, and other moft flagitious Crimes, committed by the f aid Earl, have already involved him \ this bafe and ungrateful Attempt to impute them to his Royal Miftrcfs, muft bring fuch anew Weight of Infamy upon him, andfojuft- ly provoke the Indignation of the Commons, that they might think themselves obligdto demand Tour Lordflnps hnmediatt Juftice, for this unwarranted Attempt upon the Honour of the Late Queen, and the Proceedings of Parliament. But the Commons being fenfible, that the Trea- sons and other Crimes whereof the [aid Earl ftands impeached, and the Necejfuy of bringing him to fpeedy and exemplary Juftice, require that allOccafions of Delay fliould be avoided-, and not doubting that Tour Lordflups will, in due Time, vindicate the Honour of the Late Queen and of the Commons of Great Britain, and the Juftice of their Proceedings , the Commons do aver their Charge againft the [aid Earl of Oxford and Earl iMor timer, for High Treafon, and other High Crimes and Misdemeanors, to be true \ and that the [aid Earl is guilty of all and fingular the Arti-* cles and Charges therein refpettively contained, in fuch manuer as he ftands impeached \ and that the Commons will be ready to prove their Charge agtinfthim, at fuch Convenient Time and Place c f or-t/ appointed for that Purpofe. i Scpt> Yom The next + Day, Mr. Walpole reported from b committee tne Committee appointed to draw up Articles of If Secrecy rs -Impeachment, and to prepare Evidence againft Ling to the the Impeached Lords, That they having, pur- Confmemnt fuant to the Order of Reference from the of Mr. Prior. Houfe, confider'd of the State and Circum- ftances fiances of the Commitment of Mr. Trior * thought proper to make the following Report thereupon to the Houfe. That in the Perufal and Examination of the fe- deral Booh and Tapers referred to the Conmiittee of Secrecy? Mr. Prior appeared, through the whole Trogrefs of the feparate and pernicious Nego- tiations? carried on between the Minifters of Great Britain and France, to have been principal- ly concerned? as an Agent and Inflrument of thofe evil and traiterom Counfellors? fome of which are already attainted? and others ft and impeached of fJigh Treafon and other High Crimes and Mif de- meanors: And the Committee conceiving there were Matters contained in the Firft General Re- port? from which Crimes of a very high Nature might be juftly charged and imputed to the [aid Mr, Prior, whenever the Houfejhould think pro- per to enter into that Confederation? as likevoife that Mr. Prior was able to give great U$)ts into all thofe dark andfecret Tranfaclions? when hefiould be called upon by the Great Council of the Nation? or any Committee appointed by them? to give an Account of the Negotiations in which he was con- cerned as a puUick Minifter: The Houfe? upon a Motion from the Committee for that Turpofe? was pie a fed to order? before the Report was made? that; Mr. Prior (hould be taken into Cuftody of the Ser- jeant at Arms? to prevent his making his Efcape? upon Notice of what was contained in the Reports That this Method of confining Mr . Prior is not only agreeable to former Precedents upon the like Occafions, but neceffary and effential to that great Duty and Privilege of the Houfe of Com- inons? of redr effing Grievances? and bringing great. Offenders to Juftice. That the Committee did? fome time after? pur- fuant to the Towers given them by the Houfe? pro- ceed to examine Mr. Prior concerning fever al Matters? of which there can be no doubt but he. was fully apprifed and acquainted with \ in which U u z Examination "Examination Mr. Prior did behave himfelf with fitch Contempt of the Authority of Parliament, and prevaricate in jo grofs a manner, as moft juflly to defer.vethe higheft Difple afure of the Houfe. But finding at lafl, after an Examination of fe- deral JrJourSy that it was impoffible for him to dif~ guife or conceal fome Facts that were before the Committee , he wa:> induced tx> declare upon Oath fome Truths, which will be very material Evi- dence upon the Tryals of the Impeached Lords. And theCommittee havingNot ice, that Mr. Pri- or hadyduring his fir ft Confinement, met and confer- red with theE. of Oxford ,and his near eft Relations and Dependant s, which Mr. Prior confefs'd to be true, thought it their Duty to move the Houfe that Mr. Prior might be committed to Clofer Cuftody. From this fhort State of the Proceedings relating to Mr. Prior, the Committee fubmits it to the Wifdom of the Houfe, Whether his Behaviour has fo far merited the Favour and Mfrcy of the Hoafe, as to make that Confinement more eafy to him, which his Contempt of the Commons of Great Britain, and his notorious Prevarication, moft juftly brought him into. And itfeems worthy of Confederation, how far it may be thought advife- able for the Houfe of Commons to fet at Liberty a Terfon in their Cuftody, and committed according to the ancient Methods and Pratlice of Parlia* mem j who is a material Evidence again si high Offenders, under Projecution of the Commons of Great Britain, and who^ there is great Reafon to apprehend^ wo idd immediately withdraw himfelf \ and) as far as in him lay, defeat the Juftice of the Nation. After the Reading of this Report, the Com- mons order d, c That the Committee appointed * to draw up Articles of Impeachment, and to * prepare Evidence againft. thelmpeach'd Lords, l . be impower'd to fit, notwithstanding any Ad> 1 journment of the Houfe. r?4rj A Week * before, the Lords having fent * Sept. 13^. for the Lieutenant of the Tower, and deman- ded of him, and of the Uftkr of the Black- Rod, at their own Bar, whether James Duke of Ormonde, or 'Henry Vifcount Bolingbroke, had furrended themfelves to either of them, par- fuant to the Limited Time given them ', and be- ing anfwer'd, They had not : Their Lordfhips The Names thereupon order d the Earl Marfhal to raze out *"<*■ Coats of of the Lift of Peers, the Names and Coats of Arms °f the Arms of j ders were immediately difpatch'd to Edinburgh ten to fecure for apprehending feverai fufpe&ed Perfons pur- tte Govern. f uan t to which the Earls of Hume, Wigtom and mnu Kinnoul, the Lord Deskford, (eldeft Son to the Earl of Findlator and §t afield) Mr. Lockhart y and Mr. Hume, of Whitfield, were taken up and committed Prifoners to the Cattle of E- dinbnrgh. Orders were, on the other Hand, fent to Major General Wbetham, Commander in Ghief in Scotland, forthwith to march, with aU the regular Troops that could be fpared, to form a Camp near Stirling, to fecure the Bridge over the Forth; and to quarter the Half-Pay Officers in fuch a manner, that they might be in a readinefs to command the Militia: Which was done accordingly. At the fame time, the Cuftom-Houfe Officers were direfted to have a Watchful Eye|on all Ships, the Court having certain Intelligence, that there were ieveral VefTels laden with Arms and Ammunition, for the life of the Pretender, ready to fail • from the Port of Hame-de-Grace, for Scotland. But notwithftanding, all the Precautions ufed by the Government, on the 29th of Augnft, the Lord Juftice Clerk had Advice from Montrofe, that one of thofe Ships was arrived at Arbroth in the North, where fhe was immediately un- loaded by Highlanders, fent thither for that purpofe purpofe, who carry d the Arms and Ammunition to tne Country of Brae-mar. A few Days after another Ship landed feveral Officers, who went to join the Earl of Marr, and gave him, and the Lords with him, Aflurances that the Pretender would foon be in Perfon amongft them. Upon thefe and other Encouragements, and the confident Expectation of a general Rifingjof the DiflafFefted in England, on the 3d of September, the Earl of Mar, with his Aflo- ciates, held a Meeting at Aboyne in the Shire of Aberdeen, where, under Pretence of confut- ing for their own Safety, they concerted Mea- fures to draw their Forces together, and declare for the Pretender. Accordingly, on the 6th of September, the Earl of Mar fet up the Standard of the Pretender, and caufed him to be pro- r , D 4 claims at Brae-mar ; as he was afterwards at Ziti*i other Places particularly at Perth by Colonel fcerJpuZ* Balfour ; at Aberdeen^ by the E. of Marifchal ; at Dundee, by Vifcount Dundee \ ^X. Montr of e, by the Earl of Southesk', at Forrefs, by Sir ■ William Gordon, &c. On the other hand, the E. of Mar took upon him the Title of Lieut. Gen. of the Pretender's Forces, and, as fuch, pu- blifli'd the following Declaration \ which he fent with a Letter, to the Baillie of Kildrummie. The Earl of MAR\ Declaration. OVR Rightful and Natural King James the The Eirt of Eighth, by the Grace of God, who is now Mar'i D$ch~ coming to relieve m from our Oppreffwns, having r t only of raifing UnnecefTary Forces atj^ome, but alfo of calling in Foreign Troops, ready to promote his uncontrola- ble Defigns : Nor can we be ever hopeful of its being other- wife, in the Way it is in at prefent, for fome Generations to come. And the fad Confequences of thefe unexampled Pro- ceedings have really been fo fatal to great Numbers of our Kinfmen, Friends, and Fellow-Subje&s of Both Kingdoms, that they have been conftrain'd to abandon their Country, Houfes, Wives, and Children, or give themfelves up Pri- soners, and perhaps Victims, to be facri&c'd at the Pleafure of Foreigners, and a few hot headed Men, of a reft Ids Faction, whom they employ. Our Troops abroad, notwithftanding of their long and remarkable good Services, have been treated, fmcethe Peace, with Neglect and Contempt, and particularly in Holland \ and it's not now the Officers long Service, Merit, and Blood they have loft, but Money and Favour by which they can ob- tain Juftice in their Preferments •, fo that it's evident the Safe- ty of His Majefty's Perfon, and independency of his King- doms, call loudly for immediate Relief and Defence. The Confideration of thefe unhappy Circumitances, with the due Regard we have to common Juitice, the Peace and Quiet of us, and our Pofterity, and our Duty to His Maje- iiy and his Commands, are the powerful Motives which have engajj'd us in our prefent Undertaking, which we are firmly and heartily refolv'd to puih to the utmoft, and ftand by one another Smother to the laft Extremity, as the only folid and efTecluai means of putting an end to fo dreadful a Profpdft ; as by oar prefent Situation we have before our Eyes : And with faith- ful Hearts true to cur only Rightful King, our Country, and our Neighbours,' We eameftly befeech and expect (as his Majefty Commands) the Afiiftance of ali our true fellow Subjeds to Second this our firit Attempt, declaring hereby our Sincere intentions that we will promote, and concurr in 'all lawful means^ for fettling a lading Peace to thefe Lands, under the Aufpicious Government of our Native Bom Rightful Sovereign, the Direction of our own Domeftick Councils, and the Protection of our Native Forces and Troops. That we will, in the fame manner Concur and endeavour To have our Laws, Liberties, and Properties fecur'd by the Parliaments of both Kingdoms^ That by the Wifdom of fuch Parliaments, We will endeavour to have fuch Lawse- na&ed, as (hall give abfolute Security to us, and future A- ges, for the Proteftam Religion, againfLall Efforts of Ar- bitrary Power, -Popery, and all its other Enemies. Nor have we any reafbn to be diftruftful of the Goodnefs of God, the Truth and Purity of our holy Religion, or the known Excellencyof his Ma/efties Judgment, as not to hope, that in due time good Example, and Gonverfation with our Learned Divines, will remove thefe Prejudices, which wc know his Education in a Popijb Country, has not rivetted in his Royal difcerning Mind v And we are fur e, as Juftice isaVertuein all Religions, and' Prof eflions, fo the doing of it to him, will not lefTen his good Opinion of ours. That as the King is willing to give his Royal Indemnity for all that is pa ft, fo he will cheerfully concur in pa fling General Ads of Oblivion, that our fellow Subjects, who have been milled, may havea fairOpportnnity of living with us, in the fame Friendly manner, we defign to live in with .them. That we will ufe our Endeavours,, for redrefling the bad Ufageof our Troops abroad, and bringing the Troops at home to be. on the fame foot and Eitablifhment of Pay, as thofe of Englar.d, That we will fincerely and heartily go into fuch meafures, as fhall maintain effectually andeftabliiha right, firm, and laiiing laftirtg Union, betwixt his Majefty's ancient Kingdom of Scotland, and our good Neighbours and fellow Subje&s of the Kingdom of En- gland. The Peace of thefe Nations being thus fet- tled, and we thus freed from Foreign Dangers, We will ufe our endeavours to have the Army reduc'd to the ufual Number of Guards and Garrifons *, And will concur in fuch Laws and Methods, as (ball relieve us of the heavy Taxes and Debts, now lying upon us, and at the fame time will fupport the Publick Credit in all its Parts. And we hereby faithfully promife and en- gage, That every* Officer, who joins with us, in our King and Country's Caufe, fball not only enjoy the fame Pod he now does, but (hall be advanc'd and preferr'd according to his Rank, and Station-, and the number of Men he brings off with him to us, and each Foot Souldier fo joining us, fhall have 20 (hillings Sterling, and each Trooper or Dra- goon, who brings Horfe and Accoutrements a- long with him, 12 Pound Sterl. Gratuity be- fides their Pay. And in general, we fhall concurr with all our fellow Subje&s, in fuch meafures, as fhall make us flourifli at home, and be formidable a- broad, under our Rightful Sovereign, and the Peaceable Harmony of our ancient Fundamen- tal Conftitution, undifturb'd by a Pretender's Intercfts and Councils from abroad, or a Reft- lefs Fa&ion at borne. In fo Honourable, fo Good, and Juft a Caufe, We do not doubt of the AfMance, Direction, and Bieffing of Almighty God, who has fo often Succour'd the Royal Family of Stuarts, and our Country, from finking un: der Oppreffion. Befides ton) Befides the Meafures concerted among the Heads of the Highland-Clans, a Confpiracy was form'd at Edinburgh, to furprize the Caftle v there, on the 8th of September, between n and r^J^gCaflte 12 at Night i which, by the Care and Vigilance ^Edinburgh of the Lord Juftice Clerk, who had early No- Vreven tei xni tice of it, was happily prevented. The Defign difcover>i. was to mount the Wall on the Weft Side of the Caftle, by Rope-Ladders provided for that Purpofe, which were to be pulled up by Lines let down from within by fome Soldiers belong- ing to the Garrifon, who had been corrupted. TheConfpirators did accordingly rendezvous at the Foot of the Caftle- Wall, at the Time appointed \ and a Rope was let cjown and fixed to one of the Ladders : But the Lord Juftice Clerk having fent Intimation of thisDefign to Colonel Smart, Lieutenant-Governour of the Caftle, the Latter order'd the Officers under htm to double their Guards, and to make dili- gent Rounds. Accordingly Lieutenant Lindfey, as he was going the Round, found one of the Soldiers, who had been debaucb'd, adualiy drawing up the Ladder, in order to fix it to the Top of the Wall j upon which he order cl the Centinel next him to fire, which giving the Alarm, the Conlpirators difpers'd and fed. But a Party of the Town Guard, which, at the Requeftof the Lord Juftice Clerk, the Provoft had fent out to patrolJ, with fome refolute Vo- lunteers, coming up, found one Captain Mac* clean, formerly an Officer under Dundee, fprawling on the Ground, and bruifed with a Fall from the Wall, whom they fecu red, with Three others of his Accomplices. They like- wife found the Ladders, and about a Dozen of Firelocks and Carbines, which the Confpira- tors had thrown away, in order to make their Efcape the better. One Sergeant, one Corpo- ral, and Two Private Soldiers of the Garrifon were alfo fecured ; and ^y theConfeflions ofxhc Perlons feizejd, it appeared that the Number en- gaged in this Attempt was about Eighty, of Y y which 054 ) which about Half were Highlanders. That one Mr. Arthur, formerly an Enfign in the Caftle, and afterwards in the Scotch Guards, en aged the Soldiers in the Confpiracy, by promifingthe Sergeant a Lieutenant's Place } the Corporal an Enfign V, and by giving one of the Soldiers Eight Guineas, and the other Four. That the Lord Drummcnd was to be Governor of the Cattle, as being the Contriver of the Defign \ and that, upon the Succefs of it, the Confpira- tors were to fire Three Rounds of the Artillery in the Caftle, which, by the Communication of Fires to be kindled at convenient Diftances, was to be a Signal for the Earl of Mar immediately to march towards Edinburgh with his Forces, to improve theConfternation and Terror which fuch an Accident would have ftruk among the Well-afTeded to King George. By this Time a far more dangerous and more horrid Confpiracy was difcover'd, and happily prevented in England', the Particulars of which twfpiracy in cannot be related in this Place. Let it fuffice Engl-nd dip- ^ ere t0 ta ^ e notice, That on the 2d of September cever'd. Lieutenant Colonel Paul, who had a Company • in the Firif. Regiment or Foot-Guards, was fe- cured, and, the next Day, committed Prifoner to the Gate-Houfe, being charg'd with inlifting - Men for the Pretender's Service, and other Col Paul u- Treafonable Pradices. That on Sunday the b»ttC# 4th of September, the titular Dukt of Povois,* *J' Roman Catholick, was alfo taken into theCufto- dy of one of His Majefty's Meflengers, and Ten Days after, * committed to the Tower for ♦Sept. H^-HigbTreafon. That on the 21ft of September Ike V. oj t h e L orc j Lanfoowne^ an d the Lord Vifcount Powiscw/i- jj Hpb ^ were alfo taken into the Cuftody of Tower ° MefTcngers 5 and that a Warrant was ifiued to ibe lords apprehend the Earl of Jerfey. Lanfdovvne, The tame * Day, ' Mr. Secretary Stanhope zc Duplin, and c quainted tbeCommons,That he was command- Jert'ey, appre-. c ed by the King to communicate to 'this Houfe, tended. c That his Majeft y having juft Caufe to fufped that 055) c that Sir Wm. Wyndham, Sir John Tac\ington^ c Mr. Edward Harvey, Sen. of Combe , Mr. 4 Thomas Forfter, Jan. Mr. 7<^« ^/fo, and * Mr. CVba Kynafion, are engaged in a Defign c to fupport the intended Invafionof this King- c dom, hath given Order for apprehending * them *, and His Majefty defires the Confent c of this Houfe' to his caufingthem tobecom- 4 mitted and detained, if he fhall judge it necef- 1 (ary fotodo, in purfuance of the late Ad: of * Parliament for impowering His Majefty to c commit and detain fuch Perfons as His Maje- c fty fhall fuTpe<3: are confpiring againft his Per- c fon and Government.' Hereupon it was re- foved, Nemine contradkente, That an humble Addrefs be prefented to His Majefty, returning the Thanks of this Houfe for his gracious Mef- fagethis Day, and for his tender Regard to the Privileges of this Houfe , and to defire that he will be pleafed to give Orders for the commit- ting and detaining the feveral Members named in the faid MefTage, purfuant to the Ad of this Sefiions of Parliament for that purpole. Hereupon Warrants were iftuedoutfor ap. War rants ijfud prehending the Six Members beforemention'd \ t0 apprehend Two of whom, who happen'd to be in Town, iaem - viz.. Mr. Harvey of Combe, and Mr. Anftis, were immediately lecured. The fame * Day, the Lords fent a MefTage to * Sept. 21/?. acquaint the Commons, c That Their Lord ihips Scaffold or - 4 having addrefs'd His Majefty, humbly to de- der'd to be 4 fire that he would be pleafed to caufe Di built in Weft - c redions to be given to the proper Officers for minfter-HaH. c preparing aScaffbld in iVeftminfier- Hall ,for the * Tryal ot Robert Earl of Oxford and Earl c Mortimer, who now ftands impeached, by this c Houfe, of High Treafon ancl other High 4 Crimes and Mifdemeanors, His Majefty had 5 been gracioufly pleafed to fay, He would give 4 Diretlions to the Proper Officers purfuant to the i faid Addrefs. Yyz Thg rvfi.) ' The Tame Day, likewife, the King' went to the Houfe of Peers and the Commons attending, the Speaker, upon prefenting the feveral Money Bills, made the following Speech to his Majefly : Moft Gracious Sovereign, 7U speaterof\TOVR Majefly' s mo ft dutiful andloy.l Sub- tbtCommom 1 jetts, the Knights, Citizens y and. Burgejjes bU Speech to in "Parliament affembled, have now finifhed the $ii Majefif. Supplies granted to Tour Majefly for the Service of this prefent Tear. Tour Commons had muchfooner offered thefe Supplies to Tour Majefly, had not their Zeal for Tour Majefly* s Service, and the Du- ty they owe to their Country, led them into Enqui- ries which have drawn this Seflions to an nnufual Length. But your Commons could not fee, without the utmofl Indignation, the Glories of Her Late Ma- jefly s Reign t ami wed by a treacherous Ceffation of Arms \ the Faith of Treaties violated ' that An- cient Probity, for which the Engiifh Nation had been juftly renowned throughout all Ages, expo fed to Scorn and Contempt \ and the Trade of the Kingdom given up by inftdious and precarious Treaties of Commerce \ whilst the People, amufed with New Worlds explored, were contented to fee the nofl advantageous Branches of their Com* ir.erce in Europe, lofl or betrdy'd. Such was the Condition of this Kingdom^ when itpleafedthe Divine Providence to call Tour Maje- fly to the Throne of your Anceftors, under whofe aufpicious Reign your Commons with Pleafure be- hold the Glories of the PLANTAGENETS (Tour Majefly* s Royal Anceflors) revive \ and have an unbounded Profpetl of the Continuance of t})is Happinefs, even to the latefl Pofterity, in a Race of Princes lineally defc ended from Tour Ma- PJPy* And that nothing might be wanting on the part of your Commons, to eflablijh Tour Majefly 1 s Throne en Solid and Lafling Foundations, they have ap- ply'd themfelves, with, unweary'd Diligence, to Vindicate the Honottr of the Britifh Nation, and to to [reflore a Mutual Confidence between this King- dom and its ancient and faithful Allies, by deteft- ing the Authors of thefe pernicious Counfils, and the Atlors in thefe treacherous Defigns, in order to bring them to Jufiice, by the Judgment of their Peers, according to the Law of the Land, and the Vfage of Parliament. It was not to be expected, but that the Enemies to the Nation s Peace would ufe their utmoft En > deavours to oh fir uB your Commons in thefe Enqui-. ries *, but defpairingof any Succefs in the Repre Ten- tative Body of the Kingdom, they fomented Tu- mults among the Dregs of the People at Home, and fpirited up the Pretender to an Invafion from Abroad. This gave your faithful Commons frejh Opportunities of .Jhewing their Affeclion to Tour Mdjefiy's Perfon, and their Fidelity to your Go- vernment , by their unanimous Concurrence in, granting fuch Supplies as were Sufficient to difap- point the one, and by their pajfwg fuch Laws as were neceffary tofupprefs the otder \ and, in every refpeEt to exprefs their Abhorrence of a Popifli Pretender, concerning whom nothing remains un- fufpe&edbut his Bigot try toSuperftition, and his Hatred to our holy Religion ; for the Advance- mem of which Tour Majefiy has exprefs'dyour pi- ous Care, by recommending to your Commons the providing a Maintenance for the Mimfiers who are to officiate in the New Churches. This your Com- mons readily comply d with, trufiing that the Pray- ers, there offer d to the ALMIGHTY, will bring down a Bleffwg on all Tour Majeftys Vnder- takings ', and not doubting, but that the Doftrines there taught will be a Means to fecure the Quiet of your Kingdoms, and the Obedience of your People* The Revenues fet apart for the Vfes of the Civil Government, your Commons found fo much int an- gled with Mortgages and Anticipations, that what remained was far from being fufficiem to fuppoyt the Honour and Dignity of the Crown : Tnisyour Commons took into jerious Confideration, and being truly fen fible, that on Tour Majeftys Greatnefs the Jiappinefs of your Subietts entirely depends, they havs have put the Civil Revenues into the fame State, in which they were granted to Tour Majefty s glorious Predecejfor, King William, of Immortal Memo- ry^ and thereby enabled Tour Majefty to make an ample Provifion for the Prince of Wales, whofe heroick Virtues are the bes~t Security of Tour Ma- jefty s Throne, as his other Perfonal Endowments are the Joy of all your Faithful Subjects. I (hould but ill difcharge the Truft repofed in me by the Commons, did I not lay before Tour Majefty with what Cheerfulnefs they receivedTour Maje- flys gracious Intentions for Her Royal Highnefs the Princefs, and with how much Readdnefs and Vna- nimity they enabled Tour Majefty tojettle a Reve- nue fui table to the Dignity of a Princefs., whofe Pietv and fteahy Adherence to the Proteftant Re- ligion, is the Glory of the prefent Age, and will be the Admiration of all future Generations. May itpleafeYour Majefty, The Bills which the Commons have prepared to compleat the Supplies for this Tears Service, and for the other Purpofes I have mentioned, are fever rally intitled, i. An AcT: to enable His Majefty to fettle a Revenue for fupporting the Dignity of Her Royal Highnefs, &c. 2. An Ad for enlarging the Capital Stock and Yearly Fund of the South- Sea- Company, &c t 3, An Aft for making Provifion for the Mini- ftersof the fifty new Churches &c. Which they with all Humility now prefent to Tour Majefty, for your Royal Affent. After this His Majefty gave thf Royal Affent. to the three Ads before- mention'd, and to feve- ral publick and private Bills, Then his Majefty was pleafed to declare from the Throne, That he had order'd the Lord Chancellor to deliver His Majefty's . „. , Speech to- Both Houfes of Parliament, in His j^^^Majefty'sNamc and Words ^ which he did.ac- ffoufes. cordingly, as follows : My Lords and Gentlemen, Am perfwaded you are all by this time veiy defirous of fome Recefs, and that it cannot; 1 (?59> be defer'd longer, without great Inconvenience to your Private Affairs. But before I can part with you, I muft re- turn you rny moil Sincere Thanks for your ha- ving Finifhed, with (o much Wifdom and Una- nimity, what I recommended to your Carej And particularly 1 muft Thank you, Gentlemen of the Houfe of Commnm, for the Provifion you have made, as well for the vSupport of the Honour and Dignity of the Crown, as for tne other neceiTary Occafionsof the Publick •, elpe- cially for your having done it by iMeans fo little burdenfome to my People j which, I affure you, recommends the Supplies to me above any other Circumftance whatfoever. My Lords and Gentlemen^ The Open and Declared Rebellion, which is now a&uafly begun in Scotland^ muft convince all, who do not wifh to fee us given up into the Hands of a Popifh Pretender, of the Dangers to which we have been, and are ftill expofed. I thought it Incumbent upon me, to give you the Earlieft Notice of the Defigns of Our Ene- mies, and I cannot fufficiently commend the Zeal and Difpatch with which you Impower'd me, at a Time when the Nation was in fo Na- ked and Defenceleis a Condition, to make fuch Preparations as J mould think NecefTary for Our Security. You (hall have no reafon to re- pent of the Truft and Confidence you repofe in me, which 1 fhall never ufe to any other End than for the Protection and Welfare of my People. Jt was fcarce to be Imagined, That any of my Protejram Subjects, who have Known and .Enjoyed the Benefits of our Excellent Confti- tution, and have heard of the great Dangers they were wonderfully delivered from by the happy Revolution, fhould by any Arts and Management be drawn into Measures that muft at once Deltroy their Religion and Liber ties,and fubjeft them to Popery and ArbitraryPower: hue fuch (jtfo) fuch has been Our misfortune, that too many of my People have been deluded, and made Instrumental to the Pretender's Defigns, who bad never dared to think of Invading us, or Raifwg, a Rebellion ,had he not beenEncouraged by the Succefs his Emiflaries and Aiherents have already had inStirringup Riots and Tumults, and by the further Hopes they entertain of Raifmg Infurredions in many Parts of my Kingdoms. The Endeavouring toperfwade my People,Tbat the Church of England is in Danger under my Government, has been the main Artifice imployed in Carrying on this Wicked and Trai- terous Defign. This Infmuation, after the Solemn Aflurances I have given, and my having laid hold on allOpportunities to do every Thing that may tend to the Advantage of the Church of England, is both Unjuft and Ungrateful \ Nor can I believe fo Groundlels and Malicious a Calumny can make any Imprefiion upon the Minds of my Faithful Subjects, or that they can bejlo far mifled, as to think the Church of England is to be Secured by Setting a Popifh Pretender on the Throne. My Lords and Gentlemen, The Proofs this Parliament has given of their Unfhaken Du- ty and Affedion to me, and of their Love and Zeal for the In- tereft of their Country, will recommend you to the good O pinion and Efteem of all who have their Religion aud Liberty truly at Heart, and has laid a Lafting Obligation upon me \ and I queltion not but by your further Afliftance in the feveral Countries to which you are going, with the Blefiingof Al- mighty God, who has fo frequently Interpofed in Favour of this Nation, I (hall be Able to dilappoint and defeat ^the;De- figns of Our Enemies. Our Meeting again to do Bufinefs Early in the next Winter Will be ufeful on many Accounts, particularly,that the Sitting of Parliaments may be again brought into that Seafon of the Year which is moft convenient-, and that as little Delay may be given as is pofiible to your Judicial Proceedings j and I rhall fat prefent give fuch Orders to my Ld. Chancellor,asmay notput it long out of my Power to meet you on any Sudden Occafion . And then the Lord Chancellor, by His MajijlyiCommand^faid^ My Lords and Gentlemen, IT is His Majcfties Royal Will and Pleafure, That both Houfes ftiould forthwith feverally adjourn themfelves to Thursday the bixth Day of OBober next. APPENDIX. I. The Queen to the Earl of Godolphin. St. James's, April 13th, 171a Am firry to find by your Letter, yon are fi very much in the Spleen, as to .. .£ think yon cannot, for the future, con- tribute any thing towards my Quiet, but your Wifli e > \ however, I will fi ill hope yon will ufe your Endeavours: Never was there more Oc- cafion than novo \ for by all one hears and fees eve- ry Day, as things are at prefent, I think one cart expetb nothing b ut Con f upon. lam fur e, for my part, I {hall be ready to join with all my Friends in every thing that is reafonable, to allay the Heat and Ferment that is in this poor Nation, Since yon went to Newmarket, I have receivd fever al Af- furancasfrom the Duke of S y of his Readi- nefs toferveme upon all Occ afloat, and his Wil- lingnefs to come into my Service \ which Offer I was very glad to accept of, having a very good Opinion of him, and believing he may be of great ZJie in theft trouble fome Times. For thefe Reafons, I have refolvd to part with the Duke of K--t, who, I hope, will be eafy in this Matter, by being made a Duke 'j and I hope that this Change will meet with your Approbation, which I wifl) 1 may ever have in all my Atlions. I have not yet declared my Inten- tions of giving the Staff and the Key to the Duke Zz of ( 3*2 ) of S-- ; -y, hecaufe I wonld be the Firfl that (hotild acquaint you with it* 7be Earlof Qodolpbin to the QUEEN/ Newmarket, April 15. 17 10. C T Have the Honour of Your Majefty's Let- 1 * ter of the Thirteenth, by which I have 4 the Grief to find that which you are pleafed to c call Spleen, in my former Letter, was only a 4 true Impulfe and Convi&ion of Mind, that 4 Your Majefty is fuffering your felf to be * guided to your own Ruin and Deftru&ion, as * fanV as it is poffible for them tocompafc it, to * whom you feem fo much to hearken. 4 I am not therefore fo much furprized as con- cerned, at the Refolution which Your Majefty * fays you have taken, of bringing in the Duke 1 of 5 -y ^ for when People began to be fenfi- 4 ble it would be difficult to perfua ie Your Ma- c jefty to diilblve a Parliament, which, for Two * Winters together, had given you above Six 1 Millions a Year for the Support of the War, 'upon which your Crown depends, and even * while that War is ftill fubfifting, they have had 4 the Cunning to contrive this Propofal to Your 4 Majefty, which, initsConfequence, will cer- tainly put you under aNeceffityof breaking * the. Parliament, tho' contrary, I yet believe, to 4 your own Inclination. 1 1 beg Your Majefty to be perfuaded, I do 4 not fay this out of the leaft Prejudice to the * Duke of S—y ^ there is no Man of whofe Ca- * pacity I have had a better Imprefiion, nor with 4 whom I have dived more eafily for above c Twenty Years. 4 Your Majefty may pleafe to remember, that 4 at your firft Coming to the Crown, I was de- 'firous he fhould have had one of the Chief * Pofts in your Service *, and it would have been 4 happy (3*3 ) r happy for Your Majefty and tbe Kingdom, if 1 be had accepted that Offer -, but be thought fit * to decline it j and tbe Reafons generally given ' at that Time, for his doing fo, do not much re- 1 commend him to Your Majefty's Service. But I 'muft endeavour to let Your Majefty fee /Things as they really are : And to bring him c into your Service, and into your Bufinefs, at 4 this Time, juft after his being in a publick open * Conjun&ion, in every Vote, with the whole c Body of the Tories, and in private conftant * Correfpondence, and Caballing with Mr, c Harley in every things what Confequence can * this poflibly have, but to make every Man that * is now in your Cabinet uneafy, and run from 1 it as they would do from the Plague ? I leave it 1 to Your Majefty to judge, what Effect this en- * tire Change of your Miniftry will have among c your Allies Abroad, and how will this War be ' like to be carried m their Opinion, by thofe who 1 have all along oppofed and obftru&ed it, and ' who will like any Peace the bett?r^ the more it c leaves France at Liberty to take their Time of c impofing the Pretender upon this Country. c Thefe, Confederations muft certainly make * Holland run immediately into a feparate Peace 1 with France, and make Your Majefty Jofe all 1 the Honour, and all the Reputation your Arms c had acquir'd by the War, and make the King- * dom lofe all the Fruit of that vaft Expence c which they have been at in thi6 War; as well c as all Advantage and Safety which they had (o c much need of, and had fo fair a Profped: of ob- c taining by it. And can any Body imagine that 'after fo great a Difappointment to the Kingdom 'there will not be anEnquiry into theCaufes of it c and who have been the Occafion of fo great a ' Change in Your Majefty's Meafures and Coun- c cils, which had been fo long fuccefsful, and c gotten you fo great a Name in the World ? I am c very much afraid Your Majefty will find, when O Zzz 'tis ( 3*4) * 'tis too late, that it will be a difficult Task for * any Body to ftand againft fuch an Enquiry. I * am fure if I did not think all thefe Confe- c quences inevitable, I would never give Your c Majefty the Trouble and Uneafinefs of laying € them before you, perfuaded as I am, that * Your Majefty will find them To, it is my indif- c penfible Duty to do it* out of pure Faithful-' * nefs and Zeal for Your Majefly's Service and c Honour. 4 Your Majefty having taken a Refolution of c lb much Confequence to all your Affairs both * Abroad and at Home, without acquainting the c Duke of Marlborough or me with it, till after * you had taken it, is the leaft Part of my Mor- c tification in this whole Affair, tho' perhaps the 4 World may think the long and faithful Ser- * vices we have conftantly and zealoufly endea- c voured to do Your Majefty, might have de- « ferved a little more Confideration. 4 However, for my own part , I moft humbly ' beg Leave to affurc Your Majefty I will never ' give the leaft Obftrudion to your Meafures,or 4 to any Minifters you (hall pleafe to employ. c And I muft beg further to make Two humble * Requefts to Your Majefty ; One, That yoa * will allow me to pais the Remainder of my * Life always out of London, where I may find * moft Eafe and Quiet •, the other, That you 4 would keep this Letter, and read it again about 4 Chriflmafs, and then be pleafed to make your c Judgment, who has given you the beft and moft * faithful Advice. \ II. Mr. A Boyer's Let- ter to the E. of Oxford ; Nov. 19. 171 1. My Lord, HOwever 1 may, of late, have been reprefented to you, either by my own prof eft, or Tour Lordjhip's concealed Enemies, I hope I have given both Tour Lordflrip and the World fuffcient andre- peated Proofs how heartily I am devoted to your Service. To the former Inftances I pre fume to add the Sending Tour Lordjhip the Inclosd, which being in many Hands in Holland, may create a Wor ft Opinion of fome People here than, I hope, they de~ ferve j and is, at leaji, a Proof that Monfieur Mefnager is very indifcreet, or that the Court of France defigns to divide the Englilh, as well as the Allies- Iprofefsmyfelf, My Lord, as ready upon all Occafions within myfmall Sphere, to render the moft acceptable Service to Tour Lorddup : But as 1 have not been importunate to follicit a Reward for any thing 1 have hitherto done, fa I was lately extremely furprized, for being, on the contrary, profecuted for a Pamphlet wherein I mainly dc- fign'd to ferve Tour Lordfljip, in Cafe, which feemd not impoffjpU) the Negotiations fhould break, off\ as (i66) I may demonftrate, if you'll vouchfafe to give me the Vermilion to wait on Tour Lordflrip j / *n with profomdeft Refpecl, My Lord, Nov. 19 171 1. Your Lord (hip's, &c. A. Boyer. Tranflation of the French Letter fent by Mr. A. Boyer to the E. of Oxford. APmsce 19* Not). 1711. Paris, Nov. 19. N.S. 1711 III. TE n'ai rien a vous man. J der aujourd'huy, qu'a vous confirmer ce que je vous ai ecrit dans mes precedentes, touchant les Preliminaires & la Paix avec YAngleterre ; non pas que je croye tout au Pied de la Lettre, comme on le dit ^ mais il eft certain que Mr. Mefnager affe&e de la pu- blier comme feure &arr£tee: 11 nc fe fait point d 'Affaire de le repeter avec ceux qui ont TOccafion de Ten cntretenir. II appuye, fur tout, fur les Avantages accorded en Faveur du Prince de Galles \ ce qui paroit a quelques un peu nam- rt\; particulierement quand il jugent du Poids de cette Af- faire par l'Efprit de Monfieur Mefnager, qui n'a jamais paffe pour Grand Genie, quoy qu'il (bit Grand Chicaneur. On a rocme ete' (urpris quon ait voulu lemployer dans de telks Affaires, auxqudles il IHave nothing to write to yon to Day, but only to confirm what I wrote to you in my For* mer, concerning the Prelimina- ries and the Peace with Eng- land \ not that I believe all to be literally true, as 'tis report- ed \ but 'tis certain Monfieur Mefnager affefts to publtjh it as a thing fure and concluded : Nor does hefcruple to repeat it to thofe who loave the Opportu* nity to difcourfe with him about it. He lays, above all, a great Sttefs on the Advantages granted in Favour of the Prince of Wales-, which ap- pears to fome not very likely \ particularly when they compare the Weight of this Affair with the Parts of Monfieur Mefna- ger, who never pafsd for a Great Genius, tho he be very good at Chicaning. People have even been furprizedto fee him employed hi fuch Affairs, to which, every Body knows, he never ( 3*7 ) eft connn qu'il n'a jamais eu Sujet de s'appliqutr *, mais comme il eft fin, il a feu s'in- troduire dans les bonnes Graces de la Confidente de Madame de Mamtenon. Monfieur de Pillars eft de Retour, & a e'te re^u de la plas agreable maniere du Monde, ce qui retablit fort le Credit de Madam* de Main- tenony qu'on croyoit fort af- foibli par TAfcendant du fytfiphitt, lepuel n'aimc point ce Marechal , non pas tant a Caufe de fa Perfonne, qua Caufe de fon Attachement pour Madame de Maintenon, qui, de fon Cote, croit qu'il y va defon Honneur, de ioute- nir ce General, qu'eJIe a eleve aux Depens de Feu M. de Ca- tinat. Monfieur le Dauphin a cependant fait a ce Marechal un Accueil fort gracieux, le felicitant, neantmoins, non fur ce qu'il a fait pendant la Campagne, mais fur ce qu'il a eu le Bonbeur de plaire au Roy } ce qui n'a pas manque d'etre remarque par les Cour- tifans. P. S. Vans ce Moment on vient de me dire. Que A4on- fienr Mefnager avoit ait a me Per forme de DifiinElioriy Qui I efperoit de voir bicn tot le Jour qu'on rameneroit le Prince de Galles en AngUterre avec le meme EmprefTement qu'on fit autrefois le Roy Charles Second, never had Occasion to apply himfe\f\ but being a Cunning FelloWy he found Means to [crew himfelf into the good 'Graces of Madam de Main te- non 'j Confident. Monfieur de Vi liars is come back^ and was received m the wofi agreeable Manner y which very much reftores Madam de Maintenon'i Credit , which was thought to be much weak- end by the Afcendant of the Dauphin, who does not love that Marefchal, notfo much by Reafon of a Perfonal Dijltke y as of his Attachment for Ma- dam de Maintenon, who y on her party thinks her felf^ in Ho- nour ^ concern d to fupport that General^ whom fire raffed at the Expence of the Late Monfieur de Catinat. In the mean Time the Dauphin has made that Ge- neral a very generoiu Welcome ^ congratulating with him^- how- ever^ not for what he has done during the Campaign^ but on his having been jo fortunate as to pleafe the King \ which faild not being taken Notice of by the Courtiers. P. S. I was told this very Moment, That Mr. Mefna- ger has fa id to a Per fon of Diftindion, That he hoped jhortly to fee the Day y when the Prince of Wales Jhould be brought back into England, with the fawe Eager nefs as was heretofore King Charles the Second. (3*S) EXTRACT of a Private Letter from Paris, dated the $thof Dec N. 5. 171 1, [em to the Earl of Oxford by Mr. A. Eoyer. THE Court is latisfy'd beyond Expreffion with the Queen of England and ner Mi- rriirers. They are, in a particular manner, very well pleas'd with the Earl of Strafford^ who, by his good Conduct, has, in fome Meafure, en- gag'd of forc'd the States of Holland to confent to the Conferences. We had fome Time been under an Apprehenfion, that the Earl of Oxford could not put in Execution his good Intentions for Peace, by Reafon of the Relu&ancy their High Mightineffes fbew'd ta enter into a Nego- tiation^ without the previous Confent of the Emperor, and of a powerful Party which has beed form'd in the Parliament, againft the Preli- minaries : Wherefore we are affur'd that the King had fent a trufty Perfon to the Earl of Oxford, to offer him all manner of Afiiftancein Cafe of Neceffity. But there is arriv'd here from London a Perfon, whofe Name is not yet well known (tho' he is faid to be either Mr. Trior or Mr. Cole ) who has not only aflbr'd the King, That the Queen remain'd firm to her En- gagements, but alfo that there was nothing more to be fear'd, fince the Hollanders hadconfented to the Congrefs*, and as for the Parliament, that it would be prorogued, in Ca'e the Majority were againft. a Peace j which, how- ever, there was no Ground to believe. Jn ihort every thing has fncceded beyond our Hopes, and we reckon that the Peace will be concluded be- fore the Month of March. We believ'd hither- to that we muft have had Peaee by the Canal of the Dutch j but their Sullennefs has been very advantageous to-us. People exclaim, with great Bittcrnefs, againft the StirFnefs they fbew'd in the Negotiations begun with them •, and, in par- ticular, (3*9) ticular, very mtich diflatisfied with the Great Penfionary •, but their being mortified to fuch a Point, by the Earl of Strafford, as to be obliged to admit us upon fo advantageous Conditions, caufes here an unexprefiible Joy. On the other Hand, we receive this further Advantage from it, that we have thereby found Means to raife Funds for the next Campaign, the Difcounts upon the Bills, Rents, and other Aflignments, having falleu 34 per Cent. There- fore I leave you to judge whether we have not Reafon to rejoice, and to cry Victory \ fincewe are inform'd that, in England, there has been no Confiderable Alteration in the publick Funds. Cvhat a Mortification mud this be for the Whigs, fince, at the Time it was moft in their Power tocompafs their Ends, and reap fo happi- ly the Fruits of their Vi&ories, they fee their Hopes vanilh'd into Smoke. As for the Allies, they fliall find us eafy enough, provided King Philip be , left in PofTefiion of Spain and the Indies. But, if, contrary to our Expectation, a Peace Hiould not be made. We have however got this Advantage, That ail our Funds for the next Campaign are ready provided \ which could not have been done without great Difficulty, but for this Negotiation. Our Ambafiadors are to fet out for Vtrecht the 15th lnftant. N. B. The Communication of the Two foregoing Letters was pretty well receiv*d \ and Mr± Boyer was, a few Days after, de fired to Write his Thoughts on the prefent Conjuncture^ which he did, as follows. Aaa V.Dec. ( 37o ) V. £^. 9. 171 1. Thoughts on the prefent State of Affairs in Great Britain. Laid before the Lord Treafnrer. By Mr- A. Boyer. On the Miniftry. THAT the prefent Miniftry ftands on too Narrow a Bottom, plainly appears from the Difcontents not only among the ■ Money 'd Men, but aifo among fome Country-Gentlemen, Who have long been kept in Expectation of Places ^ and more vifibly from the late Defetlio n of fome Peers, who either were promis'd, or thought themfelves intitled to a Share in the Ad- rniniitration. What Alteration this Defection has occafion'd in the Humour and Temper of the Houfe of Peers, diffidently appear'd on Friday Laft. What further Effects it may have is not eafy to forefee : But how any III Ones may be prevented, is not unworthy the Attention of thofe at the Helm. If, as there is Reafon to fuppofe, a Coalition of Parties was intended upon the Late Alterations , the fame Counfelmay now be purfued, with as .great Benefit, and more Probability of Succefs \ the ftrong footing the prefent Miniftry has got 'at Court, leavingfcarce any reafonable Hopes to the Friends of the Laft, to come again into Play, but by the Canal of the Lord Treafurer j with whom fome Great Meu, who have no pri- vate Piques, are thought not to be difmclin'd to join. ThePerfons meant are eafiiy gueft*. Nor would their Admifiion be any Diminution of My Lord Treafwer's Power, who might ftill ad: the Prime Part, arid, on the other Hand, he would ( 37* J would reap this Advantage, That the Perfons fo admitted would both keep their Friends, whe- ther Landed or Money \i Men, fleddy to his In- terell j and, in Cafe of any Dubious Sec; which humane Nature is unavoidably fu« would bear an equal Share in *h< Reflect whereas he is now^ in great Mealure, made ac- countable for every thing that's done or thought amifs. If the Counfel there propos/d were embrae'd, it were further advifeable to put it in. Execution, in fuch a manner, as that a few more of the Landed Gentlemen, called Tories, (houid be pofTefs'd only of the Subordinate Places of Pro- fit, in theCuftoms, Excite, &c. and that two or three Peers of moil: Weight, and lead ob- noxious, of the other Party, fhouid be brought into the Adminiftration : Which, m allProba^ bility, would make both Parties very eafy, and takeoff the Difgufts of the one, and remove the Jealoufies of the other. On the Negotiation of Peace. AS to the Ferment and Clamour which is now rais'd, both among the People and in Parliament, againft the -prelent -Negotiation of Peace, an admirable and moft beneficial life may be made of the faid Negotiation, by the Mini- ftry : For if they make true this AlTertion, That the Preliminaries lately pubijh'd were only Propofals made by France, not finally accepted as the Bafis of ia Treaty •, and if, on the other Hand, Her Majeity declares her felf firmly, refolv'd, not to conclude a Peace, unlefs it bejafe, honourable andlafting; and without procuring Satisfaction to all her Allies-, thefe Advantages wiilrefult: Firft, The Enemy, who certainly want Peace,, will be the more inclin'd to come to our Terms ^ Secondly, Such, among our Allies, as have en- tertain d molt Jealouiy of the Negotiation, will be cunvine'd, that it was only intended for the general Good, and to affert the Dignity of our Crown and Nation, For as we have contributed A a a 2 moft. ( 372 ) mofl towards the War, fo ought we to have the Principal Share in making the Peace. And, Thirdly, ThisConfideration will oblige the Al- lies, efpecially the Emperor and Empire, to make their utmoft Efforts to carry on the War, which may lefTen our Yearly Expences, in pro- portion to their augmenting theirs. And here I can by no means agree with the Common Notion, That the prefent Miniftry can- not fupport themfelves without a Peace *, for, on the contrary, I am of Opinion, that nothing can more firmly fix them, than the carrying on the War a Tear or two longer, till a Tryal be made how far the Emperor will exert himfelf for the Recovery of Spain-, and how far we can pene» Irate into Trance, to oblige that Monarch to re- call his Grandfon: Whereas, confiiering the prefent general DiJUke of a Peace, whereby Spain and the Weft Indies will be left in the Pofleffion of King Philip, the purfuing of fuch a Treaty may be attended with the Ruin of the Miniftry and other Fatal Consequences. VI. January I. 1711-12. Further Thoughts on the prefent State of Affairs. Laid before the LordTreafurer by Mr, A. Boyer. TH E Creation of Ten Peers, be fides Two Lords call'd up by Writ, has ulher'd in the New Year with a New Scene of Speculation As the declar'd Enemies of the prefent Mini- ftry reprefent this Step in the blackeft Colours, fo, undoubtedly, the Courtiers applaud it as a moft feafonable Counfel to vindicate the Preroga- tive. But thofe who wifh well both to the Mi- niftry and to Great Britain, avoid both Extremes and venture fairly to lay before them the Thoughts of the Publick, on this uncommon $t ate- Phenomenon. The making fo many Barons at one Da(h \s, by the moft Undifcerning, look'd upon as top Deep a Refentmcm of the late Judgment ot the Pt.ri in relation to the Duke of Hamilton's Sit- ting in their Houfe as Duke of Brandon ', by ' Men ( 373 ; Men of Clearer Notions, as a fix'd befign to get a Majority in the Houfe of Lords, in order to procure the unanimous Ratification of both Houfes, of a Treaty already agreed on, and fhortly to be concluded in a formal Congrefs\ and by ma- ny, as a bold Advance to more SimfterDefigns. Waving the (I hope} 111 grounded Surmifes of the lad, it ought to be obferv'd, that even many of the beft Friends to Monarchy, in the City, could not forbear to exprefs both their Wonder- ment at this Counfel, and their Dread of its Confequences y and tho' the fame was, at firft, look'd upon as a fure Sign of an approaching Peace, and thereupon occafion'd a fmal) Rifing in the Stocks, yet, upon a nearer Infight into the Matter, itcaus'd them to fall lower than before. To this we may add, the Difguft this numerous Creation has given to the Old Nobility, infomuch that aConfultati n is faid to have been held on Sunday laft,wherein it waspropos'd, either not to admit thefe new Peers,orto proteft againft their being made Xoferve a Turn^ during the Sitting of Parliament, as contrary to the old Conftitution, and an Encroachment upon the Legislature. If ei- ther of thefe be attempted, it will be a Point of extreme Nicety for thofc at the Helm, to carry things fo fair and even between the Crown and the Peerage, as to prevent a Contention, which, at this ticklifh JuncWe, may be attended with the moft Fatal Confequences. On the other Hand, it is to be apprehended, that tho c the Lords fhould purfue neither of thefe two violent Conn felt ', yet fome of the Court- Peers may be fo far difgufted and ftagger'd by this new Creation, as to be eafily drawn over to the oppofite Party. In which Cafe the Defies of the Miniftry would be entirely baffled'-, their Policy expos'd •, and their Fall almoft inevitable. What may be done, either to take off the Edge of theDifgufts or Jealoofies occafion'd by this Creation, or to prevent any Dangers it may threaten, muft be left to the Wifdoin of thofe at the Helm. ' I ( 374 ) I fhall, however, prefume to offer, that, in order to obtain thefe Ends, it were advisable that the New Lords, upon their Admiilion into theHoufe, fhould not, with one Cry, rundown whatever fhall be propos'd by the oppofiteParty , but rather, if poflible, leave any Motion or Bill thatdafhes with the Intereft of the Crown, to be defeated, either by the Houie of Commons, or by the Prerogative : Which, however, at any Time, a Wife Minifter will not ufe, without great Neceflity ', and, in the prelent Ferment, ihould not be exerted, without extreme Caution. To come clofer to the Point, it is, in the firft Place, Matter of Policy and Prudence to fhew a great Regard to the Elector of Hanover , fince be has declar'd bimfelf concernd in the Steps that fhall be taken at this Jundure, and ex* prefs'd his Apprehenfions of being fuppiamed. This leads us to the Grand Affair now depend- ing, viz*. The. Negotiation of Peace. 'Tis the •general Opinion, as was hinted before, that a Treaty between England ■ and France is already agreed on ', and that the Congrefs is only a Mat- ter of Form, in order to engage the Dutch in thefirft Place, and then the Emperor, and the reft of the Confederates, in fuch a Treaty as the 'Englijh, who (hail, -in Reality, ad the Part of bare Mediators, have either c. ncerted, or fhall concert, with the French Minifters. Suppofing this to be the Cafe, there may, in- deed, be no great Difficulty to bring the Dutch into our A'eaiures: {-or that wife Republick having go4« fufTkient Barrier, will, if our Mi- nisters infift upon it, pay ail manner of Defe- rence to the Queen's Defires, rather than take upon their Shoulders the Weight of a War, by which they are very much exhruiled , ani if the Dutch come into our Meafures, it may feem, at firft v^ight, that no Clamour can be rais'd againft a Treaty concluded in Concert with thofe Allies, from whofe Jnterefts Her Majefty has j/^/r/y de- clared her own to be injcparabie. Bat ( 375 ) But whatever fair Profpedt the expe&ed Con- fent of the Dutch may yield, to allure the prefent Miniftry to purfue then late Scheme, they ought not, in Prudence, to overlook the Dangers that may attend fuch a Gounfd, 1 lliall touch tpon the moft Obvious. In the firfl Place, It may be taken for granted that the Dutch do. not come freely and heartily into a Negotiation, which was fir it let on Foot without them, by Britijh Miniliers, whom either they look'd upon as their Enemies, or whom they may be apprehenfive they have made fo> by their interpofing in Favour of the late Miniftry : And as all Men are apt to entertain the fame Senti- ments, in relation to reputed, as to real Enemies, fo 'tis very probable, that the Dutch will hardly ever have any Cordiality for this Miniftry, or repofe an entire Confidence in them j but will rather be apt to lay hold on any fair Opportuni- ty to favour their Enemies. Secondly, The Removal and Difgrace of the Duke of Marlborough, which will infallibly oc- caflon a general Confirmation in Holland, will alfo increaie both their Diftrufi of our Miniftry, and their Jealotifibs of this Nciytiaticn^ and put them upon Thoughts of ent'ring into fecfet Al- liances andTrearies with ):he Princes of Germany^ both for their fhutUiH Security and Defence, and for the maintaining the Elector, of Hamvers jusl Claim to the Succtilion of our Crown. 3. Tis nut eaty to guds how far fuch a League as the Dutch may enter into with the Princes of the Empire, may difttirbthe Quiet of Her Ma- V jetty's Reign : But w? may well fuppofe, from the Experience of pal? Tranfa&ions, particular- ly the Revolution in i6%$, that as the Dutch are by the Barrier-Treaty, Guarantees of our Succef- fk>n, they may be apt to think themfelves proper Judges of the Dangers to which the fame may hereafter be expos 'd. i 4. On the other hiand, 'tis to be apprehended that the Elector of Hanover having begun to Jul ( 370 look into our Affairs, be will ftill keep a watch- ful Eye on the Steps and Motions of our Mini* ftry : And as he has folemnly declar'd his Opi* nion against a Treaty of Peace, by which France and the Weft Indies (hall be left in the Hands of the Duke of Anjou \ which, in Effect, is the Opinion of the major Part of the Nation, a Wife Miniftry will certainly confider how they pro- ceed in a Treaty, upon fuch a Foot. If therefore we are not engag'd beyond a Pof- fibility of a fair Retreat, it feems advifeable to carry on the War a Tear or two longer, till a Tryal be made, whether we can get Spain by the Way of France, in which Cafe we may leffen our Yearly Expences, in Proportion to the Empe- ror's and Empire's increafing theirs, as they will undoubtedly offer to do. Befides the vaft Advantages that would ac- crue to the common Caufe in general, and to England in particular, from the Recovery of Spain and the Weft Indies, the Profecution of the W ar would rather fix than (hake the prefent Miniftry, and endear them to the People, who would thereby be convinc'd, that their main Views were for the Publick Good. But if the Rubicon mud be pafs'd,and a Peace made, all that a Well-wittier to the prefent Mini- flry and Great Britain can do, is to pray it may prove a Good one, and fuch as may rather fecure the Proteftant Succejfion, than feem to render it precarious ; Otherwife a fierce bloody Conten- tion may foon enfue, not between Whig and Tory about Places, but between the Houfe of Hanover and the Pretender i which God avert. N. B. Mr* A. Boyer having received no Favourable Anfaer to this Piper ; by which be ]udgd that ths lite Miniftry mere irrecoverably gone into Meafures quite oppofite to the lnterefyof Great Britain ; he never after bad ai,y Converfation vohh them, tbo* often courted by their Agents ; and, on the contrary, endeavoured, m far as he could, to cxpofe their Pncedings, in hit Political State, and other Writings. FINIS. The ANSWER ^/Thomas, Earl */STR AFFORDi to the Articles exhibited by the Knights, Citizens and Bur* gtffes in Parliament affembled in the Name of themfelves^ end of all the Commms of Great- Britain in Maintenance of the Impeachment againft him for high Crimes and Mifde- meaner s y fitppos'd to have been by him committed. TH E (aid Earl, faving to hitivfeif all Advantages of Ex- ception to the laid Articles for the Uncertainty and Inefficiency thereof, and of not being prejudiced by any Words or Want of Form in this his Anfwer \ and alfo faving to himfelf all Righis and Privileges belonging to him as one of the Peers of this Realm : In ANSWER to the faid Articles admits, That divers Treaties and Alliances were enter'd into by the Crown of Great- Britain with the feveral Potentates mention'd in the Preamble to the faid Articles, but for more Certainty, as to the Contents thereof, the faid Earl refers to the faid Treaties thcmfelves : And with the utmoft Deference to the Memory of his late Royal Matter King William the Third, doth acknowledge the great Wif- dofn of that Glorious Prince, who by the Grand Alliance form'd a Noble Defign of iettling a due Ballance of Power in Europe; but humbly beggs Leave to obfertfe, that the Affront offer'd by France in acknowledging the Pretender King of Great' Britain, tho' juttly mention'd by Her late Ma jetty Queen ANNE, of ever blefled Memory, as one Caule of the WAR which in May 1702, was by Her De- clar'd againii France and Spain, con d not be any Induce- ment to che foimtng the Grand Alliance, as is fuggetted in the Preamble to the laid Articles, being fubiequent to it, as moll evidently appears in as much as that Alliance was not only form d, 'but concluded and fign'd at the Hague du- ring the Life Time of the late King JAMES the Second. And the faid Earl admits, That the Emperor and the Mates General did alio about May 1702, declare War againft trance and Spain, and that other Kings, Princes and vStates of t.urope, foon alter, became Parties to the Hud Confede- rate War, which having been carry'd on tor many Years at a vait Expence of Blood and Treafure, Her laid Ute Ma- jelty out of Her Tender Regard for the Good of Her People, and from a finccre and real Deiign to prevent the further Erfufion ot Blood, and to eafe Her Subjects from the heavy Burthen of Taxes, which they had fo long endured:, dd Z * hearken hearken to Overtures of P E A C E from France, after for* mer Negociations had been render'd fruitlefs, and give ln- ftru&ions to the then Lord Privy-Seal, now Bilhop of Lin- don, and him the faid Earl, to treat thereof at Vtrecht in Conjunction with the Minifters of Her Allies, in Order to bring the fame to an Happy Conciufion, and among fuch Inftruftions feveral Claufes were interfperfed to the EfTed in the faid Preamble fct forth, but for more Certainty, re- fers to bis Original Jnftrudicns, which together with all his other Papers relating to his Negociations in the Lgt*- Countries were taken from him in the Beginning of January laft, and he fuppofes may continue in the Hands of one of his Majefty's Principal Secretaries of State, but the faid Earl is totally ignorant of any Treacherous Correfpondence with the Emiflaries of France, or of any Private or Deftrudtive Negociation of PEACE fet on Foot with Intent to weaken or diflblve the Confederacy between Her faid late Majefty and Her Allies. ANSWER to the FirB Article. AND for particular Anfwer to the kveral Matters wherewith he ftands charg'd in the Firft Article, the laid Earl faith, That having been employ'd by his late Majefty King William in the Army during his whole Reign, and likewife in his Court for feveral Years next before his Death, and having alfo had the Honour to be fent his Majefty's Mi- nifter to the King of Prajfia, he was fo happy as to recon- cile fom~ Differences which had lately arifen between thofe two Princes, and upon his Return, receiv'd his Royal Ma- iler's Approbation : Her late Majefty Queen ANNE, foon after Her Acceffion to the Throne, was pleas'd to command him to leave his Poft in the Army, and to^o again to the faid Court of Prvffia in the Year 1702, where he had the Character of Her rimbaffador Extraordinary, and continued in that Quality 'till April 171 1, at which Time Her Majefty thought fit to appoint him Her £ir.baflador Extraordinary and Plenipotentiary to tne States General, and in fune following, Her Majefty was pleas'd to honour him with the Title ot One of Her Privy Council, and about December in the fame Year, to appoint him one of Her Ple- nipotentiaries to treat at Vtrecht with the Minifters of France, of a General PEACE j And the faid Earl thought it his Duty, not to fcruple any Danger or Pains for Her Service, believing his Zeal therein was the beftEviden e he cou'd cou\i give of his hearty Affection to his Country j And hz conftantly did with the utmoft Sincerity endeavour, accor- ding to his Abilities, to purfue the true Ends of hisCommif- fion and Powers, to promote the Honour and Safety of Her Majefty and Her Kingdoms, and to anfwer the Engagements She was under to Her Allies, and to fecure the common Li- berties of Europe J but he muft, with the utmoftDeteftation and Abhorrence, deny, that he was in the leaft devoted to the Intereft or Service of the French King, or that he ever a&ed in Defiance of any of the faid Treaties, or of the Ad- vice ot Parliament, or of any Declarations of Her Majefty from the Throne, or of Her AfTurances to the States Gene ral to ad: in Concert with them in making PEACE as in making WA R, or of Her Jnftrudions to him under Her Sign Manual. The (aid Earl admits, That as he was a Privy Counfellor, it was his Duty truly to have advifed Her Majefty in all Matters treated of in Council while he was prefent, and had any Thing fo trested of, appeared to him to have been to the Difhonour of Her Majefty, or to the Prejudice to Her People, the faid Earl wou'd not have been wanting to advife againft, and with all Humility to oppofe the fame ^ but as he was Her Majefty's Ambaffador and Plenipotentiary, he look'd upon himfclf as a Minifte- rial Officer, whofe Duty it was to purfue fuch Infrrudior-s as he fhou'd from Time to Time receive •, and fince he cou'd not doubt, but that all Orders fent him by Her Majefty's Directions, had been firft maturely Weighed and Digefted, He humbly apprehends Your Lordlhips will think it had been too great a Preemption in him to advife againft, or oppofe fuch Orders, which carry d tut in themfelves any apparent Illegality, when he knew not the Springs or Rea- sons of them, and which therefore it became him to believe well warranted, and to have proceeded from juft and pro- per Grounds and Motives. And the faid Earl faith, he was fo far from Advifing or Exhorting that any Private, Separate, Di (honourable, or Deftructive Negotiation of Peace, fhou'd be continued or carry'd on between the Minifters of Great Britain^ and Frame, without Communication thereof to her Majefty's Allies, according to their Treaties, or from being lnftru- mentalin promoting any fuch Negociation, as in the faid Article is charg'd, that he did not know or believe, that any fuch Negotiation was entred into, and for a plain rela- tion tionof the fail Earl's Proceeding in this Affair, he faith, that about May 1711, being her Majefty's AmbafTador and Plenipotentiary, he receiv'd from one of her Princi- pal Secretaries of btate, a Paper fuppofs d to be fign'd by Monfieur Torcy, containing lome Propofals for fetting on Foot a Negociation of Peace, with Orders to communi- cate the fame to the Penfionary of Holland, that his Senti- ments might be known thereupon, and to allure that Mi- nifter and others of that Republic!*, that the Queen was refolv'd in making Peace, as in making War, to aft in Concert with the Mates. Jn purfuance of which Orders, he the faid Earl did immediately communicate the (aid Propofals to the Penfionary, and unto two others of the States General, who had formerly been employ 'd in the Negotiations at Gertmydenberg, and whom the Penfionary tbouaht the moft proper to be entrufted with that matter j and they having confiderd the faid Propofals, aid pray the faid Earl to return her Majefty Thanks, in the Name of the States, for her Confidence in them, declar'd themfelves weary of the War , and ready to join in any Meafures her Majefty fhoud think proper for obtaining a good Peace., and that they hoped her Ma- jefty wou'd bring the French to explain more particularly the feveral Point* contain'd in the above mentiOn'd i'ropo- ftls. Of this the faid Earl fent an Account to her Maje- fty's Secretary of State, and loon after receiv'd her Com- mands to repair to England, and on his Arrival here, ac- quainted her Ma;efty with his Proceedings at the Hague, but being by her Gracious Permiflion aiiow'd to follow fome private Affairs of his own, he was often in the Country, and fo muchengagd, that he did not know of anyot mc Tranfsclions with Monfieur Memagcr, or what was done in relation to the Explications the ? rates, had de* fired her Ma jetty to procure fro n trance, upon the Points of Monfieur Tcycy's Propofals, till in Otlbber following, he receive! triitruaions dated the Kir ft of that Month, whereby he was requir'd to return to Holland, and to communicate to the States lome Propofitions which had been fi b n'd \>y the faid Monfieur Mcfmger the 27th of $et$emher before, as a Foundation for opening the Confe- rences Nor during all the time o\ the faid Minifler's flay mEngland,vmin the leaft privy to,or made acquainted with any Tranfaction between him ana any of the Queen's Mini- sters. The (aid EarJ having receiv'd his faid Inflections took his Journey for Holland, and on his Arrival there, in purfuance thereof imparted to the States General the faid Proportions, and what had been communicated to him concerning any Tran factions between Great Britain and France, and, at the fame time, in further Purfuance his of (aid Inil ructions, declard to them, that if they did not think thofe Propofitions a fufficient Ground to open the Conferences, but were defirous to carry on the War, her Majefty was willing to concur with them, but cou'd no longer bear that difproportionable Burthen which had been Yearly increas'd on her Subjects, nor that Deficien- cy her Allies had been guilty of in every Part of the War, and that therefore it was incumbent on them, if the War continued, to furnifh fuch Quotas of Ships and Forces for the future, as they had to that time been wantingin ; That this was what her Majeity, thought fhe might juftly infill on, that they fhou'd comply with her in War, or in Peace, fince in the former ilje requir'd nothing but what it belong'd to them to perform, and what was neceffary to the Succefs of their Arms, and fince in the latter fhe had done ar.d wou d continue to do, what was in her Power towards obtaining fuch a Peace as might be to the Satisfa- cton of H-.r Allies. Soon after this, the Stares General fent Monfieur Buys into Engl and as their Plenipotentiary, to confer with her late Majeity's Miniflers, and inform him'elf of the Circumflancesof Affairs, and make report thereof to his Mailers, who having continued here fome time, and tranfmitted td Holland an Account of the Po< flure of Allans, the States General coniented to open the Conferences for Peace, and to invite the other Allies to fend their Miniflers to Vtrecbt, the Place agreed on for that Purpofe, and in Order thereunto, granted Pa fports for the French Miniflers to repair thither, and the faid Earl is informed, that amongil other Transactions by the faid Monf. Buys whilll in England, hefign'd a Treaty yith her late Majeity's Miniflers, who were empower'd kt that that Purpofe, dared the 18th Day of December O.S.1711. for the carrying on the War, and the Negotiation of Peace according to the mutual Engagements of former Treaties between England and Holland, which Treaty was ratify 'd by Her faid late Majefty the Day after it was fign'd, and was fent to Holland by the then I ord Privy Seal, But the States General, tho 1 their Minifters were often call'd upon, never ratify'd the fame. And the Earl admits, that the faid Lord Privy-Seal and himfelf were appointed to be Her Ma- jefty's Plenipotentiaries at the faid Congrefs at Vtrrcht^ and he can with great Truth affirm, that he afted on all OccaGons with the higheft and mod difmterefted Zeal for procuring a General Peace, for the mutual Advantage of Her Majefty's Subjects and Allies, in Purfuance of the Pow- ers and Inftru&ions receiv'd for that Purpofe, and h firmly perfuaded his Colleague did the fame. The faid Earl faith, that every one of the Confederates had their Minifters at Utrecht, who all agreed in the Method and Manner of proceeding in the laid Negotiation, and had frequent Meetings and Conferences to that end among tbemfe Ives, in Order to lay down a General Scheme for their Con- dud, and for the better concerting thofe Meafures, it was thought fit to have two Conferences a Week with all the Allies, two with the Dutch a part, and two of all the Allies with the French, and in thofe with the Dutch and the other Allies what was to be propos'd on the part of the Allies to the French was always previously fettiei. hi the firft General Conference with the French Minifters they offer'd either to proceed to the Explanation of the General Points fign'd by Monfieur Mejhager (which they acknowledg'd were binding only to France ?nd not to the Allies) or that each of the Allies lliou'd make their De- mands \ On deliberation it was infifted by the AHies, that the French fhou'd firft give in a Specifkk Plan of the Offers of the King their Matter to all and each of the Allies, and the French comply d to give in fuch Specifkk Plan, in Cafe the Allies wou'd promileto return an Anfwer thereto containing their feveral De- mands', and accordingly ttik Frf >ch Minifters did give in fuch Flan in Writing/and the Allies in Anfaer deliver '4 in their Demands alfo in writing The Frenc? having rbus given in their Conceptions in writing, and receiv'd the Demands of the Allies' in like manner, thought fit toprc- po\e pofe the entring into Debate upon the feveral Propofitions mutually delivered in agreeably to the Courfe of Proceed- ing in former Treaties *, but tho'fome of the Allies thought there wasnoNtceility of infilling very much on any lur- ther written Aniwcr, yet others prefs'd it more vehement- ly, to which the trench reply'd, that both Sides having already explam'd rhemfelves in writing, it was agreeable to the MeinoJ of all Negotiations to proceed to debate Matters, and in iuch Debates bpecifkk Anfwers to each Demand of the Allies wou'd occur 1 . And all the Allies a- greed in this Principle, that the Method moil: expeditious and fafe, whether by writing or other wile, was futeif, to be foliow'd. Thus having given your Lordlhips a fhort Narra- tive of the Proceedings, which might render his Anfwer to che feveral Particulars charg'd in this Article more in- telligible, as to that Part which mentions his frequently concerting Private and Separate Meafures with the Mini- iters ot France, the laid Earl doth acknowledge, that when the fettling any particular lntereit of Great Britain might require it, he and his Colleague might confer with the Miniiters of France, in the lame manner as the Mini- iters of each of the Allies -conferrcl feparately with thofe ot trance, touching their reipe&ive particular Intereils, and the laid Earl apprehends they werejuitify d therein by their esprels Orders from England lor that purpole, and fometimes the (aid Bilhop and Earl had Separate Conferences with the Miniiters of France, at the Requeit an . on the Behalf of one or other of the Allies, whole regard to her Majeity made them often defire thelnterpo- fitionof her Miniiters to lupport their feveral Pretentions, wherein the real and iincere Endeavours of the faid Biihop and Earl tor the lntereit of the Allies, always appear d to the ^atisfadion of thofe on whole behalt they acted j But he denies that he did concert any Private or Separate Meaiures with the Miniiters ol France, in order to impofe upon or deceive her Ma jelly's Subje&s,or Allies, or tend- ing to their Prejudice, or Detriment. And as to that 1 art which charges him with commending the Prudence of the i reach Miniiters, in refufing to anfwer in Writing, the fud Earl laith, that alter the Written Propofitions and Demands on each iide had been deiiver'd in, he took it to be a Matter in its own Nature indifferent, whether there fhon'd fliou'd be any further Tranfaftion thereupon in writing not, and whether it were better to proceed by way Writing or by Conference, to aijuft and fettle the Terms of Peace upon the reipe&ive Orters and Demands which had been fo given in. There was variety of Opinions, ma- ny of the Minuter* or the Allies declar'd it to be the mott uiual and expeditious Method to proceed byway of Con- ference, which they thought gave better Opportunities of considering and explaining Matters, there being uiualiy feen a greater Mifnets and Obihnacy in maintaining what is once put down in Writing, which oftentimes renders Negotiations tedious, and iometimes cloggs them with in- fuperabie Difficulties, and there feem'd to be juit Ground for Sufpicion, that iome who were moft prelTwg for the Method of Writing, might have thole ends in their View, which it'became her Majelty's Plenipotentiaries, as far as theycou'd, to obviate ana prevent. If therefore the faid Earl inclined in his Private Opinion to the Sentiments of thofe, who thought the way or Conference more expedi- tious and equaiiy fate (admitting tie had been miitaken therein) he hopes it will not be imputed to him as a Crime, rrwch leis can he apprehend your Lordihips will eiteem it any Evidence of his encouraging the Enemy m any falla- cious or unjuitifiable Manner or Proceedings, it m a Let- ter from the Hjgue to a Mimiter of the Queen, before this matter had been fully confiaer'd, he intimated the Thoughts he then entertain'dot it, (ince he takes it to be very proper for a Publick Minilkr abroad in his Corre- fpondence, with the more immediate Servants of the Crown at home, to give minute and particular Accounts of all Occurrences and Uilcourfes, to lay open his Thoughts, to fuggeft the fir (t motions and fulpicions that ante in his Mind, and to de leant upon things without reterve, m Order to receive more plain, full and exprels Informations and Directions for hu better Proceedings and the laid Earl believes it will appear, that if in any Letter he intimated his Thoughts upon that Subjeft, he did not give any poh- tive Judgment, but lufpended his Opinion therein till he (hou T d have opportunity of further confideringit j and he faith, that when afterwards the Matter came to be more maturely debated among the iVimrters of the Aliiesupon his return to Vtrecht, he did joininpreffing the Mmilters of France to give a further Ani'wer in Writing •, and as to that that part, which chargeth the faid Earl with fuggerting Methods for France, to make ufe of to create Ditfentions among the Allies, and procure feparate Negotiations be- tween each of the Allies and France, he faith, that it was generally thought moil: proper, that the refpedive De m'andsof the Allies, which were fometimes clashing and contradictory to each other, (hou'd be confider'd a part 3 and not at General Conferences with the French, which feem'd the more requifite fince no Prince or State had undertaken the Part of a Mediator to reconcile the Differences which might happen to arife among them, as has been ufual \a former Treaties^ if therefore in a Letter to a Minifterof the Queen, from the Confideration of the Poflibility that fome might be for the contrary Method, he intimated the Inconvenience of fuch a Method, wou'd beft appear by beginning in the Congrefs to argue on fome Demand of one of the Allies, which wou'd probably induce fuch Ally to propofe the debating feparately *, he hopes this can never be conftrue I the vSuggefung a Method for France to make ufe of to create Diffentions among the Allies, or which cou'd have any Tendency to diffolve the Confederacy, it feeming to him rather a likely Means to prevent any fuch unhappy Confequence. Sure he is, that he fincerely la- bour'd to prevent it, and for that End, employ *d his ut- moft Endeavours to obviate and difcourage any fallacious or unjuftifiable Manner of tranfacting the Negociation of Peace-, and he denies that he did at any Time fuggefl any Methoi whatfoever for France to make ufe of, to create DifTcntions among the allies, or feparate Negociations be- tween any of the Allies and France, thereby to diflblve the Confederacy *, and as he conftantly oppes'd what he* appre- hended or iufpeehd to have any fuch Tendency, fo he ne- ver failed to ffipport, in the beft Manner he cou'd, Her Majefty's AlHei in their Demands againlt France \ and de- nes that in MheCouTte of the Negociation, he was guilty of any treacherous Proceeding, or of any Practices what- foever, whereby he could proftitute the Honour of the Queen, or /he Imperial Crown of thefe Realms, or where- by he did violate his Powers or Inftruftions, the Treaties her MajeP/y flood engag'd in to Her Allies, or any Affu- rances he bad given them by Her Order, or in Her N: for any fuch Purpofe. But he takes it to have been an actual Acknowledgment of the Queen's Title by Frunce, and a further Evidencejthat fuch Agnitiun was not deferr'd till the Signing of the Peace, tho' it was intended to be th^n made in a more So lemn manner jand the faid Earl belie' cs, the Ho- nourable Houfeof Peers, for whole Judgpnen^ he ever had the huhefi Veneration and Regard, were iaiisfy d in this Point (Lice, by their Addrefs of the ioth of June following, after alter they had ken acquainted by her Mnjefty's Speech from the Throne, with the Terms on which a General Peace might be had, they thought fit to thank her Ma jetty for her Condt fcenfion therein, and did exprefs their Re- lyance on her Wifdom, to finifli that great and good Work, as the Houfe of Commons alfo di1, by their Ad- drefs to her Ma jetty about the fame time, and the faid Earl is well aflfur'd, he was not wanting in his Zeal and Regard for the Security of the Proteftant Succeflion, on which Head the Britifh Plenipotentiaries at the very firft General Con'erence with the French Minifters at Vtrechr, prefs'd their Explanation, and they agreed thereunto, and when the Allies deliver' i their refpedive Demands, the Queen's Minifters en their part, infifted in fuch manner on what related to the Security of the Succeflion, that the Princefs Sophia was pleas'd to Honour them with a Letter of Thanks, and to acknowledge their Care of the Intereft of her Family , nor were they lefs careful, at the Conclufion of the Treaty, to fettle that important Point, with the ut- moft Exaftnefs to the Satisfaction of the Queen and Court of Hanover^ and both Houfes of Parliament, and the Articles for that Purpofe, were not only conceived in ftronger Terms than had been made ufe of at Ryftvick for acknowledging the then Settlement of the Crown, but be- fore they were inferred in the Treaty, were communicated to the i\ > miller of the Eledor, and had his Approbation^ and the Manner of that Tranfaction feenVd fufficiently u- ftify'd from the happy Effects. The faid Earl abfolutely denies, that he di t ever concert or agree with the Mini- fters of France, that any Propofals mention 'd in the faid Article, or any other Propofals whatfoever, fhou'd be the Con lit ions whereon France fhou'd treat of Peace with Great- Britain, nor dcth he know, that the Queen, the Parliament, or the Nation, were in any Refpedt abus'd or drawn into DefirrfBvt Meafiires, or that any Step was taken on rhisOccafion, whereby Dijhononr coivd accrue to Her Ma jetty, or thefe Kingdoms, or any Danger to the Proteftant buccefjion. ANSWER to the Fourth Article. 1 N Anfwer to the Fourth Article, the faid Earl faith, that the Bithop'c&jBriftol and himfelf being appointed Her Majefty's Plenipotentiaries, did foon after their Arrival at Vtrecht, purfuant to their Initru&ions, begin by concer- ting ting with the Miniflers of the Allies in what Manner it was moil proper to open the Conferences, and what Me- thod was to be obierv d in the Progrefs of the Treaty, and if it had been thought proper to begin with the Difpofition of the Spamfii Monarchy, the faid Earl was mady to have infilled as the faid Imtruftions directed him to do in that Cafe. But upon fuch Concert, it was thought inoft advi- feable, and lb agreed by all the Miniflers of the Allies, that each of them fhouci by a feparate Inftrument make their refpe&ive Demands, with a general Claufe to fupport each others Juft and Reafonable Pretentions, and this was look'd upon as the molt proper Method, and necefTary to avoid that Confufion which wou'd other wife enfue from the Contrariety of the Demands of the feveral Allies, it being then known, that many of them did, and wou'd irfift to have the fame Thing for rhcmfelves in Oppofition to each other. The Imperial Minifters as well as the reft acqui- efe'd in that Method : and at a following Conference it was further defir'd, that there fhou'd be added to fuch general Claufe the Words, in Conformity to their Alliance:., with which the faid Eifhop and Earl, as well as the others, moil readily compiy'd, and thefe Words were accordingly ad- ded to the general Claufe in each of the Allies Demands, which (eem'd to give a general Satisfaction,, and there was nothing further at that Time infilled on. In Coi:fequence of this Agreement, it was the general Expectation, that the Demand relating to Spain and the Weft -Indies, (Lou d be particularly inierted only in the Inftrument to be given in by the Imperial Ministers. But there having been a, Day long before fixt for delivering in to the Frcvch, all the De- mands of the Allies, the Imperialifts, the very Night pre- ceeding, at a Conference propos'J, that all the Allies fhou'd mention Spain and the IVefi Indies like wife in their feveral Demands. This caufed a general Surprize, and none but the Miniflers of Portugal concurrd with them, and thofe of the States in particular declar'd, the faidDominions ought to be demanded by them whom it did immediately concern, and that the Method Things had been put into cou'd not fuller it to be otherwife. But the next Morning, to give Content to the Imperialifts, they yielded to make a verbal Declaration among the Allies, that they were refolv'd to make good all their Treaties on Occafion of this War, as ° well wefl as thofe that related to Spain, as thofe made with Portugal, PruJJia, Savoy, and others. The Britijh Plenipo^ tentiaries likewife to give the like Satisfaction declared publickly at the Conferences the fame Day, that as Her Majefty infifted for a Juft and Reafonable Satisfaction for all Her Allies in Conformity to all Her Alliances, thofe that might concern Spain and the Indies were underftood thereby, as well as others that concern'd the \n- tereft of the reft of the Allies, wherewith the Auftrian and Portugal Minifters feem'd fatisfy'd, nor did they requeft a- ny Thingfurtherfrom the faid Bifhop and Earl on that Plead, and therefore, hehumbly apprehends, that in the Negotiation he neither dedin'd to intift, that Spain and the Wejl- Indies (hou'd not be alotted to the Houfe of Bour- bon, as far as his Inftructions directed him to act in Concert with the reft of the Allies, nor refus'd to joyn with the Imperial and Portugal Minifters, or either of them to ftreng- then that Demand in fuch Manner as was proper •, but in this and all other Matters he purfu'd with Conftancy the Orders he from Time to Time receiv'd from Her Majefty, as the Nature and Circumftances of Things wou'd give Leave, and in Cafe Her late Majefty found it impracticable to perfift in Her flrft Defigns of gaining Spain and the Weft- Indies from the Houfe q\ Bourbon, and thought other Ex- pedients for preventing the Union of the Two Monar* chies ofSpiin and France might as well anfwer the Ends of her feveral Alliance's^ and did thereupon enter into other M?afures for obtaining a General Peace, in which Her Al- lies concurr'd, the faid Earl hopes, that his conforming himfelf to the Meafures not only prefcrib'd by Her Majefty, whofe Minifter he was, and whom it was his Duty to obey, but alfo approv'd by both Houfes of Parliament, will not be efteem'd an acting in Defiance of the Treaties between Her Majefty and Her Allies, in Contempt of the Advice or Opinion of Parliament, or in Violation of his Inftructions } and he cannot entertain fuch Diffidence of Your Lord fhips Juftice and Goodnefs, as to fufpect that his Actions which proceeded from a Principle of Obedience to his Sovereign, and Zeal for the publick Service, fhou'd be condemn'd as erfidious or unwarrantable. And the faid Earl denies, that y any of his Practices, any Jealoufies or Difcords were B * crea- I Created between Her Majefty and Her Allies, the mutual Confidence between them was difiblv'd, the Juft Ballance of Power in Europe betray'd, or an Advantage given to the Common Enemy to impofe what Terms of Peace he ffeou'd think fit upon Her Majefty, or any of the Confederates. ANSWER to the Fifth Article, IN Anfwer to the Fifth Article, the faid Earl doth ac- knowledge, That Her late Majefty in Her Speech from the Throne on the Seventh Day of December, 171 1, ha- ving acquainted her Parliament, that both Time and Place were appointed for Opening a Treaty of Peace, did, at the fameTime, remind them that the beft Way to make aTreaty effectual, wou'd be to make early Provifion for the Cam- paign, and believes Supplies were granted, and Magazines provided for that End. But the faid Earl faith, that at the Time in the faid Article for that Purpofe mention'd, he was not inform'd of any reafonable Profped the Confede- rates then had of gainiag new Conquefts over the Army of France, nor doth he believe that the Confederate Army at that Time was the ftrongeft that had been in the Service during the whole Courfe of the War, but upon the Infor- mations he receiv'd at the Hague about the roth and 30th of April, 17^2, he underftcod that the French were better polled than the Confederates, and their Army ftronger,and that the Confederate Forces cou'd not march to furprize the Trench in their Lines till they had green Forrage, which cou'd not be up in 3 Weeks at fooneft, and that the French had all their Troops, and the Confederates wanted great Part of theirs, efpecially the Imperialifts , who, 'twas thought, cou'd not, and, in Fad, did not joyn the Army till about a Month after \ and the faid Earl conceiving the Treaty of Peace in fo great Forwardnefs, that by a con- ftant Application of the Plenipotentiaries, it might pro- bably be brought to a Concluuon in a Month's Time, he did, upon thefe Confiderations apprehend it wou'd not have been any DifTervice to the Common Caufe, if a Cef- fation of Arms for a Month had then been agreed on, du- ring which Time, the Negociation might have been ended one Way or other, and he believes that according to his Duty he might about that Time in a Letter to Her Maje- fty's fty's Secretary of State fend an Account of the Pofture and Condition of the Two Armies^ but denies, that he took upon him to counfel or advife on that Subjed, but only pro- pos'd the Matter for further Deliberation in Engldrt^, if upon thofeor other Accounts, fuch a fborr Ceflation fhoud be thought neceflary j much lefs did he then, or at any o- ther Time fuggeft or advife any Ceflarion of Arms to be made with France, without, or againft the Confent of the Allies, or with Defign to difappoint any j3ft Expectation they might have, or to give Succefs to any ilcret or wic- ked Negociation whatfoever : And he is not yet fenflble, that a Ceflation for a Month at that Time cou'd have been any Hindrance or Prejudice to the Caufe of the Allies, or have given the leaft advantage to the Enemy. How- ever, in Fad, noCeffation was made upon his faidLetter.The (aid Earl faith, he doth not know or believe, tfiat in Pur- fuance of any Counfel or Advice given by him, any Direc- tions were fent to Her Majeftys General in Flanders to a- void engaging in any Siege, or hazarding a Battle ; nor was he privy to the fending any fuch Directions, and he de - nies, that he advifed Her late Majefty to fend any Perfon, much lefs himfelf from Engli d to the Army in Flanders to caufe a Ceflation of Arms to be made or proclaimed between Her Majefty and the French Army, but acknowledges, that he being Her Majefty's AmbafTador, She was pleas'd to give him Orders and Inftru&ions under Her Sign Manual dated the 21ft of June, 1712, whereby he was commanded to make all poflible Difpatch to the Army in the Low Coun- tries, and upon his Arrival there to inform Her General and Commander in chief of the Refolutions taken in the then Important conjun&ure of affairs, and alfo to declare, to the Generals and Commanders in chief of the Foreign Troops in Her Mijefty Pay, and in the Joint Pay of Her Majefty and the States General, With how much Surprise Her Majefty heard there was the least Doubt of their Obeying fuch Orders as they flwt*d receive from Her faid General, and likewfe Commanding the faid Earl to continue with the faid Army till the A'fiir of the Sufoenfion of Arms and the Surrender of Dunkirk was determind one Way or other, and that thereupon he reforted to the Hague, and there in Con- junftion with his Colleague, the then Lord Bifliop of Briftol, ac- acquainted the States General with HerMajefty's Intentions for a (hort Ceffation of Arms between the Armies in the Ne- therlands, x\$on certain conditions to be perform'd by France, one of which was theSurrendry of /}*/#&> £ intoHerMajefty s Pofleffion,invitiugtheS^re; to joynwithHerMajefty therein \ after this the faid Earl proceeded to the Army, and a&ed onformably to his faid Inftru&ions, and hopes, that what, was the Performance of his Duty will not be imputed to him as a Crime. But the faid Earl denies, that anyCefla- tion or Separation of the Troops was executed or perform'd by his advice, nor was he other wife concern'd therein, than in fignifying the Orders he had in Command from Her Ma- jefty to Her General, and he believes, from the belt Judg- ment he can make upon the then Situation of Affairs, that if the Ceffation that was made by Her Majefty had been generally comply'd with by the reft of the Army, it wou'd have encreas'd the Confidence between Her Majefty and Her Allies, and have oblig'd the French King morefpeedily to comply with their Demands in the Negociations of Peace : And that the moft promifing Expedatious from the Opera- tions of the Campaign, during thofe two Months for which the Ceffation was to continue, cou'd not equal the Advan- tage accruing to the Confederates by the Surrender of the Important Fortrefs of Dunkirk, which was put into Her Majefty's Hands as one of the Conditions of it. Anjwer to the Sixth Article. IN Anfwer to the Sixth Article, the faid Earl not admit- ting, that he did advife or procure a CefTation of Arms, or obtain for France, any Separation of the Troops of Great Britain, from the Confederate Army, or was o- therwife concern'd therein, than as in his Anfwer to the preceding Article is fet forth, denies with a juft Abhor- rence, that he ever had any treacherous Purpofes, to ad- vance or promote the Interefts of France, or to render any future Correfpondence or Harmony, between her late Majefty and the States General impracticable, or to weaken or diitrefs the faid States, or bring them under any Neceffity of complying with, or fubmitting to the Meafjrcs of France. Nor did, or doth he know or be- lieve, Heve,that the takirigPofleffion of Ghent and Brushes by the Btitijh Troops, was likely to produce any fuch Confe- quence j on the contrary, he conceives, that it was very much for the Advantage of the Allies, efpeciaily the States General, that the Englijh Troops took PofTeftion of thofe Towns, which wou'd otherwife, in all Probability, have faU'n into the Hands of the French. The faid Earl doth acknowledge, that when the Britilh Troops were left by the other Forces, and feparared from them, and were un- der a Necefiity of retiring to fome Place of Security ; and it was reported, that the Dutch had given Orders, to all the Commanders of the Towns in their PofTeflion, to refufe them Admittance or Paflage, he did not think the Refolution improper, which was taken by her Majefty's General, to fend a Party of the Queen's Troops, to march through fome Part of thofe Towns, to make Expe- riment, whether they wou'd refufe them PafTage, for if PafTage fliou'd not be refus'd, then the Dutch wou'd be vindicated from the Report which had been given out, To highly reflecting on their Honour, and fo repugnant to the repeated Profeffions and AfTurancesof the good Will and Friendfnip they had foconltantly declar'd for Great Bri- tain, and if fuch PafTage fhou'd be refus'd it wou'd demon- ftrate the Neceflity the Englijh Troops were under, of reforting to Ghent and Brnghes; however doth not admit that he did advife therein, much lefshad he any (uch hopes or treacherous Defigns, as in the faid Article are mention'd. Nor did he feek any Pretence to put in Execution, any Defign or Resolution concerted with the Minifters of France^ nor was any fuch Defign or Refolution to his Knowledge or Belief concerted. The faid Earl doth be- lieve, that a Party of the Queen's Tioops, being fent with Intentions to obtain admittance into fome of the Towns in Flinders^ where fome of the Enzlilh Magazines and Hofpitals were, or at leaft to obtain PafTage through them, to fome other Places of Security, were refus'd by the Dutch Commanders, altho' thofe Towns had been conquer'd chiefly with Britilh Blood and Treafure, but the States General difavowed their giving any Orders for that Purpofe, and thereby refcued themiclves from the Reproach of an Ufage, that might have been thonghtln- hnmane to Confederate Troops, who had fpent their Blood tor their Service, and had done no Aft of Hoftility, nor given given any juft Reafon to the States, to apprehend any il* Confequences, from fuch PaiTage or Admittance. The faid Earl doth acknowledge, that after this Refufal of the Dutch Commanders to receive any of the Queen's Troops into, or permit them to pafs through the Towns in their PofTeffion, they retir'd into Ghent and Brushes, the former having been their ufual Quarters, and the Cita del thereof, having been garrifon'd by tbem, from the beginning of the Campaign. But the laid Earl does not know or believe, there was any treacherons or de/lrudive Defign, in the marching of thofe Troops into, or raking PofTeffionof thofe Towns \ nor doth he know or believe, it was done in Concert with any of the Minifters of France, who he is confident were not privy to it, nor loiew any thing of it, till after it was executed, nor doth the faid Earl difcern, how it contributed to the Prejudice of the Confederates, or the advantage of the French Ar- my *, but on the contrary, the faid Earl is very well af- fur'd, that it prov'd greatly to the Advantage and Security of the former, whofe Convoys were thereby proteAed, and the Communication between Holland, and the Confe- derate Army kept open j and the Advantages thereby to the common Caufe, were fo notorious and vifible, that the Allies frequently exprefs'd their Satisfaction, that thofe .mportant Places had been fo well fecured, by which ■means* the Allies had all the Advantages of thofe Towns without being at the Expence of Garriions, the furnifhing of which, wou'd have oblig'd them to make fuch Detach- ments from their Army, as wou'd have render'd it difficult for them to have kept the Field *, and on the other Jband the French Minifters frequently complain'd of the great Difadvantages cccafion'd thereby to the Arms of their Ma- iler, whom they thought not well treated by her Majefry on that Account ; and the faid Earl apprehends that the Britijh Troops had equal Right, with thofe of the States, to enter into Ghent and Braghes, or any other Place of the Low Countries, which by Agreement were under the joint Government of the Queen and the States General *,and ibis happen'd at that time to be of the greater importance, Queen's. Troops were thereby enabled to maintain Com- munication with Dunkirk and England, and was after- wards found likewife very ufeful towards obtaining the Removal of the unjuftifiable Impofitions laid by the Dutch npoR upon Britifij Merchandize in the New Conquefts in the Netherlands , wfrch they themfelves had many Months owned to be a Grievance, but had not before thought fit to redrefs. The faid Earl humbly hopes , he has fully anfwer'd tha feveral Articles exhibited againft him, and he doubts not but your Lord (hips will in your great Wifdom. maturely weigh the Nature of the Chargo which is chiefly founded on his Tranfa&ions abroad with the Nilnifters of Foreign Princes and States, whofe Teftimony, tho' never fo mate- rial towards clearing his Innocence, it will be impoffible for him to produce. He afTures himfelf, Your Lordfhips will have a due Regard to the wide Extent, and the great Length and Intricacy of the Negociations wherein he was engag'd by his late Sovereign's exprefs Commands, to which he did the more chearfully fubmit, being joyn'd in the mofl confiderable Parts thereof with a Reverend Prelate, whoie long Refidence Abroad, and Experience in the Methods of treating with Foreign Princes and States, had abundantly qualify 'd him for the Difcharge of fo Important a Truft. However, the faid Earl on his Part may in any Refbeft have been unequal to the Province aftign'd him, yet fure he is,that he always endeavour'd to acquit himfelf therein with the utmoft Integrity, and cannot but cxprefs a Jufl: Deteftation of the many evil Intentions wherewith he is loaded by the faid Articles. And as he humbly apprehends the feveral Fafts mentioned in the Articles, (if theycou'd be prov'd) will not appear Criminal, abftraded from the ill Motives and Defigns, from which they arc fuppos'd to proceed, fo he is fully perfwaded your Lord/hips will diftinguifh be. tween the A&ions themfelves, and the Intentions where- with they are charged to be done •, and he afTures himfelf, that your Lordfhips will judge of the Sincerity of his In- tentions, by the Tenor of all his Letters and Papers, and not by any particular Paffages felefted from them, and is fecure in your Lordfhips Juitice, that no {trained Conftru- ftion of any fuch Paffages, will be made by your Lord- fhips to his Prejudice. He cannot but think himfelf ex- treamly unfortunate in falling undsr the Difpleafure of the Honourable Houfe oi Commons, nor cou'd he receive the firft Intimation of it without the greateft Surprize, not being coufcious to him,ffel that he had tranfgrefs'd any known known Law. He was not without hopes, having fpent the beft and greateft part of his Life abroad in the Army, and in feveral Embafiies, always endeavouring to promote the Welfare of his Country, that he might at his Return, have met with its Approbation, as a Recompence for his long and faithful Services. However, he comforts himfelf with this Reflexion, that every Step of the Proceedings in the late Negociation, was laid before her Majefty, and receiv'd her Royal Approbation, nor will it, he conceives, be judg'd improper, if he obrerves to your Lordfhips, that the States in their Letter to her Majefty, a little be- fore the Signing the Peace, acknowledge they cou'd not enough commend her Plenipotentiaries, for the Affiftance they had given them, in their Treaty with France, and that all the Allies gave frequent Marks of their Efteem for the faid Earl and h ; s Colleague, on account of the many Services they had receiv'd from them. — The faid Earl is confident it will appear to your Lord (hips, that altho' he did with the utmoft Application, purfue the Good of his own Country, preferably to that of any other Nation whatfoever, yet he was never wanting to promote the Advantage of the Allies, particularly of the States Gene- ral, where it did not interfere with the Intereft of Great Brittin— A Separate Treaty of Peace was fo far from his Thoughts, that on the contrary, he was truly Zealous to make it General, and he had the Happinefs tofucceed therein, in as Great a Degree as was ever known, when fo many Confederates were concern'd Nor was the faid Earl, lefs Zealous in fupporting to the utmoft of his Abili- ties, the Honour and Reputation, of his late Royal Mi- ftrefs, which was fo far from being proftituted or fuffering any Diminution by his Negociations, that her Majefty did through the whole Courie of thofe Negociations, and to the very Hour of her Death, maintain as Great and Glo- rious a Character, as any of her Royal PredecefTors, or as Iheherfelf had done, in any former Part of her Reign. And as to all matters and things in the faid Ankles con- tain'd, and not herein before particularly anfwer'd, the faid Earl faith, he is not guilty of them, or any of them, in the manner and form as the fame are charg'd upon him in and by the faid Ankles, and humbly fubmits himfelf to Your Lordfhips Judgment.