DIE Sabbati, 24 die Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
| | |
Arch. Cant.
Arch. Ebor.
Epus. Dun. & Crew.
Epus. Wigorn.
Epus. Sarum.
Epus. Bangor.
Epus. Elien.
Epus. L. & Cov.
Epus. Norwic.
Epus. Petrib.
Epus. Gloucestr.
Epus. Lincoln.
Epus. Cicestr.
Epus. Oxon. |
Ds. Custos Magni Sigilli.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Bolton.
March. Normanby.
Comes Jersey, Camerarius.
Comes Derby.
Comes Huntingdon.
Comes Suffolke.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Scarsdale.
Comes Sandwich.
Comes Shaftsbury.
Comes Sussex.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Yarmouth.
Comes Berkeley.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Plimouth.
Comes Portland.
Comes Montagu.
Comes Warrington.
Comes Romney. 2.
Comes Bradford. 1.
Comes Orford.
Viscount Hereford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville. |
Ds. Bergevenny.
Ds. Lawarr.
Ds. Wharton.
Ds. Willughby Par.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Brooke.
Ds. Maynard.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Berkeley.
Ds. Granville.
Ds. Dartmouth.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Cholmondley.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax. |
PRAYERS.
Cardoso & al. Nat. Bill.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
naturalizing Jasper Cardoso and Norman Vann t'Wedde."
L. Somers's Answer to Articles of Impeachment against him.
The Lord Sommers delivered his Answer to the Articles of Impeachment of the House of Commons against
him.
Which was read, by the Clerk, as followeth; (videlicet,)
"The Answer of John Lord Sommers, Baron of Evesham, to the Articles exhibited, by the Knights,
Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all
the Commons of England, in Maintenance of
their Impeachment against him, for high
Crimes and Misdemeanors supposed to be by
him committed.
"The said Lord Sommers, saving to himself all Advantages of Exception to the said Articles, and of
not being prejudiced by any Words or Want of
Form in this his Answer; and also saving to himself
all Rights and Privileges belonging to him as One
of the Peers of this Realm; for Answer to the said
Articles, humbly saith,
"1. To the First Article, That he believes the now
Emperor of Germany and The States Generall of The
United Provinces being, in the Year One Thousand
Six Hundred Eighty and Nine, engaged in a War
with France, a Treaty and Alliance was concluded
between them, and a separate Article then made, to
the Effect in this Article mentioned; and that His
Sacred Majesty did afterwards enter into, ratify, and
approve the same; to which Treaty, separate Articles, and Ratification, (for more Certainty thereof)
he referreth himself. And further faith, That, in the
Year One Thousand Six Hundred Ninety and Eight,
His Majesty, before He left England, was pleased to
tell him, "That some Intimation had been given to
the Earl of Portland, when in France, that the French
King inclined to come to an Agreement with His Majesty concerning the Succession to the Crown of
Spaine: And afterwards, in August One Thousand Six
Hundred Ninety and Eight, (His Majesty being then
in Holland, and the said Lord Sommers at Tunbridge
Wells, by His Majesty's Permission, for Recovery of
his Health), Mr. Secretary Vernon communicated to
him a Letter he had then received, written by the
Earl of Portland, by His Majesty's Order, wherein
it was mentioned, "That Count Tallard (who was
then Ambassador from the French King to His Majesty) had declared an Accommodation might be found
out, in relation to the Succession of Spain, in case of
that King's Death; and that His Majesty had founded France, upon what Terms an Agreement might be
made; and the Conditions were near of this Nature,
(videlicet,) That the Electoral Prince of Bavaria
should have the Kingdoms of Spain, The Indyes, The
Low Countryes, and all that depends upon the Spanish
Dominions (except the Kingdom of Naples and Sicily,
Sardinia, the Province of Guy-puscoa on this Side of
The Pyreneans, Fontarabia, and Saint Sebastian, Finall, and the Places in Tuscany of which Spain then
stood possessed); in Consideration of which, France
was absolutely to renounce the Right it pretended to
the Succession of Spain, and Milan was to be given
to the Arch-duke, Second Son to the Emperor; and
that His Majesty commanded the said Mr. Secretary
to speak to him the said Lord Sommers touching that
Matter; and that his Lordship should discourse it
with those he thought he might trust with that Secret; which to keep with the utmost Care, was, by
the said Letter, mentioned to be of the highest Importance. And, at the same Time, the said Lord
Sommers received a Letter from His Majesty, signed
by Himself, intimating that Count Tallard had made
some Propositions, touching an Agreement with His
Majesty, concerning the Succession of the Kingdom
of Spain; the which the said Earl of Portland would
write to Mr. Secretary Vernon, to the End His Majesty might have some Opinions upon that Affair,
which required the greatest Secresy, and in which no
Time was to be lost if that Negotiation were to be
carried on: And for that End, His Majesty thereby
commanded the said Lord Sommers to send full Powers
to him, under the Great Seal of England, with
Blanks for the Names of Commissioners to treat with
Count Tallard, which His Majesty, by His said Letter,
was pleased to say, "He believed might be done secretly; that none but the Lord Sommers and Mr.
Secretary Vernon, and those to whom the said Lord
Sommers and Mr. Secretary should communicate it,
might have Knowledge thereof; and that the Clerks
who were to write the full Powers might not know
what they were," or to the like Effect. And the
said Lord Sommers did immediately return the Earl of
Portland's said Letter to Mr. Secretary Vernon, and
desired him to communicate the Contents thereof to
the Earl of Orford and the now Lord Halifax (Two
of the then Lords Justices, who, as he was assured,
were then in Town), and also to such others as they
and Mr. Secretary Vernon should think fit; who, in
regard of the King's Command to have that Affair
kept a Secret, thought fit to impart it to the Duke of
Shrewsbury only (as the said Mr. Secretary afterwards
acquainted the said Lord Sommers); and some Time
afterwards the said Lord Halifax came down to the
said Wells, and Mr. Secretary Vernon coming thither
also about the same Time, they and the said Lord
Sommers had Discourse together, concerning the said
Proposal. And the said Lord Sommers, by Letter
dated the Eight and Twentieth of August One
Thousand Six Hundred Ninety and Eight, did (as his
own Thoughts, and as what he apprehended to be
the Result of their Consideration) humbly represent
to His Majesty, First, That the entertaining of such
a Proposal as was mentioned by Count Tallard seemed
to be attended with very many ill Consequences, if
the French did not act a sincere Part; but that they
were soon at Ease as to any Apprehension of that
Sort, being fully assured, His Majesty would not
act but with the utmost Niceness, in an Affair wherein
His Glory and the Safety of Europe was so highly
concerned: That the Second Thing they considered,
was the very ill Prospect of what was like to happen upon the Death of the King of Spain, in case
nothing was done previously towards the providing
against that Accident, which seemed probably to be
very near, the King of France then having so great a
Force in such a Readiness, that He was in a Condition
to take Possession of Spain before any other Prince
could be ready to make a Stand: That His Majesty
was the best Judge whether that was the Case, who
was so perfectly informed of the Circumstances of
all Parts Abroad; but so far as related to England, it
would be Want of Duty, not to give His Majesty this
clear Account, That there was a Deadness and Want
of Spirit in the Nation universally, so as not at all to
be disposed to the Thoughts of entering into a new
War; and that they seemed to be tired out with
Taxes, to a Degree beyond what was discerned, until
it appeared upon the Occasion of the then late Elections: That that was the Truth of the Fact, upon
which His Majesty would determine what Resolutions
were proper to be taken. The remaining Consideration
was, what would be the Condition of Europe if the
Proposal took Place? But of that they thought
themselves little capable of judging; but it seemed,
that, if Sicily was in the French Hands, they would
be entirely Masters of the Levant Trade; that, if
they were possessed of Finall, and those other Sea
Ports on that Side (whereby Milan would be intirely
shut out from Relief by Sea or any Commerce), that
Dutchy would be of little Signification in the Hands
of any Prince; and that, if the King of France had
Possession of that Part of Guy-puscoa which is mentioned in the Proposal, besides the Ports He would
have in the Ocean, it did seem He would have as easy
a Way of invading Spain on that Side as He then had
on the Side of Catalonia: But it was not to be hoped
that France should quit its Pretensions to so great a
Succession, without considerable Advantages; and
they were assured, His Majesty would reduce the
Terms as low as could be done, and make them (as
far as was possible in the then present Circumstances
of Things) such as might be some Foundation for
the future Quiet of Christendom, which all His
Majesty's Subjects could not but be convinced was
His true Aim; and, if it could be brought to pass
that England might be some Way a Gainer by that
Transaction, whether it was by the Elector of Bavaria
(who was the Gainer by His Majesty's Interposition in
that Treaty) his coming to an Agreement to let the
English into some Trade to the Spanish Plantations,
or in any other Manner, it would wonderfully endear
His Majesty to His English Subjects: That it did not
appear, in case the Negotiation should proceed, what
was to be done on His Majesty's Part, in order to make
it take Place; whether any more was required, than
that the English and Dutch should sit still, and France
itself was to see it executed; and if that were so,
what Security ought to be expected: That if, by
their being Neuters, the French should be successful, they would confine themselves to the Terms of
the Treaty, and not attempt to make further Advantages of their Success. And the said Lord Sommers
faith, That, after the Writing of his said Letter, he
had no Account whatsoever, nor heard any Thing of
the said Treaty, or knew or heard whether the same
was proceeded upon or not, until towards the latter
End of September following, when he was acquainted
by Mr. Secretary Vernon, "That he had received an
Account, that a Treaty relating to the Succession of
the Crown of Spain had been adjusted, concluded,
and signed, by the Commissioners named by His Majesty for that Purpose, and the Ambassador and Plenipotentiary of the French King." And the said Lord
Sommers doth deny, that the said Treaty of Partition,
or any Proposition for such Treaty, or the Transaction thereof, was communicated to him the said
Lord Sommers; nor was he acquainted with the same,
or the Design thereof, or any other Matter relating
thereto, at any other Time, or in any other Manner,
before he was told of the concluding and signing
thereof as aforesaid, than as is herein before mentioned to be done by His Majesty as aforesaid, and
by His and the said Earl of Portland's Letter herein
before mentioned. And the said Lord Sommers doth
deny he did, at any Time whatsoever, advise His
Majesty to enter into the said Treaty, or any Way
encourage or promote the same; but, having made
the Objections before mentioned in his said Letter
to His Majesty against the Propositions so communicated to him as aforesaid, and clearly laid open
such Thoughts and Observations as occurred to him
upon the said Matter, he did thereby (as he conceived)
fully and faithfully discharge his Trust and the Duty
incumbent on him. And the said Lord Sommers
further faith, That afterwards Mr. Secretary Vernon
did acquaint him, "That he had received, by His Majesty's Command, a Copy of the Treaty relating to
the Succession of the Crown of Spain, and of Two
secret Articles relating to the Matter of that Treaty;
and that he had likewise His Majesty's Command, to
prepare the Instruments for the Ratification of the
same, and to have Blanks therein for the Names of
the Commissioners of The States Generall;" and accordingly the said Mr. Secretary did prepare the said
several Instruments, and did bring the same, so prepared, to the said Lord Sommers, to pass the same
under the Great Seal; which was done accordingly,
the said Lord Sommers having a good and lawful
Warrant so to do: And the said Ratification was
transmitted to His Majesty, to have the same perfected in his Presence; which Treaty and secret Articles were to such or the like Effect as in this Article
is set forth; but for more Certainty he refers himself to the said Treaty and Articles. And the said
Lord Sommers, not being privy in any other Manner
than as aforesaid to the said Treaty, or the Transaction thereof, doth not know when, or in what
Manner, the same was communicated to The States
Generall.
"2d & 3d. To the Second and Third Articles; the said
Lord Sommers faith, That he having received His Majesty's express Commands, by His Letter mentioned
in his Answer to the First Article, to send to His
Majesty full Powers, under the Great Seal of England, for negotiating the said Treaty, with Blanks
for His Majesty's Commissioners Names, which, he
humbly conceives, and is advised, was a sufficient
Warrant for him to pass a Commission under the
Great Seal for that Purpose; and the same being
prepared in usual Form of Commissions of full
Powers, with Blanks for Commissioners Names, according to His Majesty's Direction, he did affix the
Great Seal to the same; and the said Commission was
sent to His Majesty, then in Holland, to be perfected
in His Prefence, by inserting the Names of such Persons as His Majesty should think fit to commissionate
therein (as he conceives might legally be done);
which Commissioners were to receive their Instructions
from His Majesty, for the Execution of their said
Power, together with the said Commission, in usual
Manner; but what Instructions, or whether any Instructions in Writing, were given to the Commissioners, in relation to executing the said Power (the
same no Ways concerning the said Lord Sommers)
he knows not. And the said Lord Sommers faith,
He did desire His Majesty, that a particular Warrant
for the said Commission (which had been before sent
by Mr. Secretary Vernon to His Majesty, as he informed the said Lord Sommers, for His signing) might
be signed and returned; not that he doubted His
Majesty's said Letter to be a sufficient Warrant; but
for that such Warrant might be more proper to be
produced, if Occasion should require, than His Majesty's said Letter, which, by reason of other Matters therein contained, ought not to be produced
without His Majesty's Permission, and which is now
made Use of by His Majesty's gracious Leave. And
the said Lord Sommers further faith, That His Majesty having, by his own and the Earl of Portland's
Letter before mentioned, directed that His Majesty's
said Commands should be kept secret, he did not
communicate the making of the said Commission,
otherwise than to the Persons mentioned in his Answer to the said First Article.
"4. To the Fourth Article; he faith, That Mr. Secretary Vernon having prepared, by His Majesty's
Command, the Instruments for Ratification of the
said Treaty, with Blanks therein, as is before set
forth, he did affix the Great Seal to the said Ratification, with such Blanks (which he conceives, and is
advised, he might lawfully do): And having also His
Majesty's Command that the said Treaty should be
kept secret, he did not communicate the same to the
rest of the then Lords Justices, or His Majesty's
Privy Council; which besides he conceived was unnecessary to be done, in regard His Majesty had then,
by His Commissioners, perfected the said Treaty, so
that the same could not be altered.
"5. To the Fifth Article; the said Lord Sommers
faith, He believes that, in the Year One Thousand Six
Hundred Ninety and Nine, another Treaty was entered into and concluded, between His Majesty, The
States Generall, and the French King, to such or such
like Effect as in this Article is mentioned; to which
Treaty, for more Certainty thereof, he referreth himself: And denieth that he had any Knowledge of
such Treaty, or any Transaction in order thereunto,
save only that a Draught of the said Treaty was read
over, in the Presence of divers of the Lords of His
Majesty's Privy Council (whereof the said Lord
Sommers was One): To which Draught the said Lord
Sommers, as well as others then present, did make
several Objections; but they were informed by His
Majesty's Plenipotentiaries for transacting the said
Treaty, who were then also present, that the said
Treaty was so far perfected, that nothing could then
be altered therein: And His Majesty afterwards,
by His Warrant, requiring the ratifying of the said
Treaty under the Great Seal, he did affix the Great
Seal to such Ratification, being (as he conceives)
obliged so to do.
"6. To the Sixth Article; he faith, He conceives it
was not incumbent upon him, as Lord Chancellor,
to see the Commissions or Ratifications in this Article
mentioned enrolled ; the same being prepared and
brought to the Great Seal by the Secretaries of
State ready engrossed, and when sealed taken away
by them, and the Original Treaties remaining in
their Custody; but the Care of enrolling the same,
if necessary, doth (as he conceives) belong to the
Prothonotary of the Court of Chancery.
"7. To the Seventh Article; he faith, That, when
the Great Seal was committed to his Custody, he
took the Oath of Office, to the Effect in that Article
set forth; and during the Time he had the Custody
thereof, he did carefully, diligently, and honestly,
endeavour to keep the said Oath, and hopes and believes he hath duly observed the same: And doth
acknowledge, that, during the Time he was Lord
Keeper and Lord Chancellor, he did pass several
Grants to divers Persons, of several Lands, Tenements, and Hereditaments, belonging to His Majesty
in Right of His Crown of England; but faith, That
before any of them came to the Great Seal, the
same were regularly passed through the proper Offices,
and brought with sufficient Warrants for the Great
Seal; and believes more considerable Grants have passed
in the like Number of Years in most of his Predecessors Times; and conceives, and is advised, that,
being required by His Majesty, by proper Warrants,
to pass the same, he ought so to do. And denies
that he did ever advise, promote, or procure, any
Grant to be made, to any Person whatsoever, of
any forfeited Estate in Ireland, or did procure any
Act or Bill, prepared for confirming any such Grant
in the Parliament in Ireland, to be approved in the
Privy Council in England: And saith, That what
Bills of this Nature were remitted under the Great
Seal of England, to be passed into Laws in Ireland,
the same were first approved and passed in the Privy
Council in England, according to the usual Form in
such Cases; and, being so approved, were, by Order
of Council, sent to the said Lord Sommers, who was,
by the said Order, required to affix the Great Seal
thereto.
"8. To the Eighth Article; he faith, He did, during
the Time he had the Custody of the Great Seal,
receive the Profits and Perquisites thereto belonging,
which before his Time were become very inconsiderable; and did also receive an Annual Pension or
Allowance from His Majesty of Four Thousand
Pounds, being the like Pension that had been allowed to several of his Predecessors; but denies
that he did ever beg, or use any Means to procure, any
Grant whatsoever from His Majesty, for his own Benefit: But faith, That what His Majesty was pleased
to give him, proceeded from His Majesty's own
Motion, and of His mere Bounty, and (as His Majesty was pleased to declare upon that Occasion) as
an Evidence of His gracious Acceptation of the said
Lord Sommers's zealous Endeavours for his Service;
and the same was done without any previous Solicitation by him the said Lord Sommers, or any other to
his Knowledge or Belief: And that, in the Year
One Thousand Six Hundred Ninety-seven, His Majesty, of His own Motion, did grant, for the Benefit
of the said Lord Sommers, the Manor or Manors of
Rygate and Howley, as in the said Article is mentioned; but the same was and is far short of the
Value thereby suggested. And the said Lord Sommers further faith, He never pretended to purchase
in his own Name, or in the Name or Names of any
other Person or Persons in Trust for him, any of
the Fee-farm Rents or other Rents vested in Trustees
for Sale; but His Majesty, taking Notice that several
of the said Fee-farm Rents, and other Rents so
vested in Trustees, were unsold, and the said Trustees being, by the Acts of Parliament vesting in them
the said Rents, declared to hold the same for the
Benefit of His Majesty, His Heirs and Successors,
His Majesty did, in the Year One Thousand Six
Hundred Ninety-seven, of His own Motion, without
any Solicitation, Procurement, or Means used by
the said Lord Sommers, acquaint the then Lords Commissioners of the Treasury, or some or One of them,
"That it was His Majesty's Pleasure, that Two Thousand One Hundred Pounds per Ann. of those Rents
should be granted to or for the Benefit of the said
Lord Sommers and his Heirs, and that all proper
Methods should be used for vesting the same for his
Benefit, as of His Majesty's Free Gift: And the said
Acts of Parliament having directed that the said
Trustees on Sales should convey the said Rents, pursuant to Contracts to be signed by the Lord Treasurer or Lords Commissioners of the Treasury for the
Time being, or any Two of them, for the Satisfaction of the said Trustees only, and according to the
Method that had been used from the Time of making
the said Acts, in passing Grants of any of the said
Rents, even such as were merely of the Bounty of
His Majesty's Predecessors and of His Majesty, such
Warrants were made by His Majesty to the Lords
Commissioners of the Treasury, to contract, or give
Warrants to the Trustees to contract, for the said
Rents; and such Contracts were, pursuant thereunto,
made; and such Grants of the said Rents were passed
as in the said Article is mentioned; and the Money
mentioned in such Contracts was, for the perfecting
of His Majesty's said intended free Gift, discharged
by Tallies struck for that Purpose: And the said
Lord Sommers saith, The said Contracts were not
intended or designed to make the Grantees of
the said Rents appear to be Purchasers; but the
said Lord Sommers always acknowledged he received
the said Grants of His Majesty's Bounty; and, he
humbly conceives, it was lawful for him so to accept
the same.
"9. & 10. To the Ninth and Tenth Articles; the
said Lord Sommers faith, That, after His Majesty had
given such Directions to the Lords of the Treasury,
for granting Fee-farm Rents and other Rents, to the
Yearly Value aforesaid, for the Benefit of the said
Lord Sommers and his Heirs; and after Warrants
were signed by the Lords of the Treasury to the said
Trustees, for making Contracts for conveying Rents
of the said Yearly Value, for the Benefit of the said
Lord Sommers; it did appear that the said intended
Contracts and Grants could not be perfected, for
that neither the Lords of the Treasury nor the said
Trustees were sufficiently informed what Fee-farm
Rents or other Rents remained undisposed of; so
that the whole Benefit of His Majesty's intended
Bounty would have been lost, without Information
could be gained of such particular Rents: And the
said Lord Sommers being informed, "That Reginald
Marriott and John Digby, in this Article named, were
the most likely, if not the only, Persons capable to
give Information therein;" Application was made to
them for that Purpose: And the said Marriott and
Digby, being so applied to, after the said Warrants
of His Majesty and the said Lords of the Treasury
were executed as aforesaid, did refuse to give any
Account of such Rents, unless they might have, as a
Reward for their so doing, Rents amounting to near a
Fourth Part of such Rents whereof they should give
such Account, conveyed in Trust for them, in such
Manner as in the said Article is mentioned; which
the said Lord Sommers did (as he conceives he lawfully might, it being only to his own Loss and Prejudice) comply with, not in order to any such End
as is suggested in the said Article, but that he might
perfect the Grant before designed and appointed to
be made to him by His Majesty of His own free Will,
and not at the said Lord Sommers's Solicitation; the
Discovery of any of the said Rents not being made
by the said Marriott and Digby, or any other Person,
till after the said Warrants of His Majesty and the
Lords of the Treasury as aforesaid: And accordingly
the several Grants in this Article mentioned were made
to Hancock and Warner, in Trust for the said Marriot
and Digby (as was affirmed to the said Lord Sommers).
And the said Lord Sommers faith, There was not any
Sum of Money paid as the Consideration of the
Grants of the said Rents; but the Contracts were
made, and the Payment of the several Considerations
thereof were discharged, in the Manner, and for the
Reasons, herein before set forth; and were not colourably or fraudulently contrived, in Deceit of
His Majesty, or Elusion of the said Acts of Parliament.
"11. To the Eleventh Article; the said Lord Sommers
faith, He believeth that several of the Rents mentioned to be granted in Trust for him as aforesaid
had been before granted to other Persons, by the
said Trustees; and that others of them were not in
the Power of the said Trustees to grant; which was
and is very much to his Prejudice; and believes the
same were inserted by mistaken Informations given
touching the same, and not out of any Design; and
the like Mistakes have frequently happened in other
Grants of other of the said Rents: And denies
that, to his Knowledge or Belief, any of the said
Rents, so granted for his Benefit, were ever united
or annexed to the Castle of Windsor, for any Purpose
whatsoever; or that any Oppression or Vexation hath
happened to any of His Majesty's Subjects, by reason
of the granting of any of the said Rents; and, as he
believes, little or no new Charge to the Crown.
"12. To the Twelfth Article; the said Lord Sommers saith, That His Majesty having designed, of His
Bounty to him the said Lord Sommers and his Heirs,
Fee-farm and other Rents to the Annual Value in
the said Grants mentioned; and the said Trustees
having covenanted, as was usual for them to do, that
they had not made any former or other Grant or
Conveyance of the said Rents, or any of them; and
Three Hundred Forty-seven Pounds, Eleven Shillings, and Three Pence Farthing per Ann. of the
said Rents so granted as aforesaid, having appeared
to be granted before, or not to be grantable by the
said Trustees, or not leviable on Surrender of such
Rents, the said Trustees, by Warrant of the Lords
Commissioners of His Majesty's Treasury (who were
thereunto sufficiently authorized), in Lieu and Satisfaction of the said Rents and Arrears thereof, and in
Discharge of the Covenants of the said Trustees, did,
the Twenty-first Day of October One Thousand Six
Hundred Ninety and Nine, grant divers other Rents,
amounting to the Yearly Value of Three Hundred
Ninety-one Pounds and Three Pence Half-penny, to
Richard Adney and his Heirs, as in the said Article
is mentioned, which were not so granted as if the
said Yearly Rents of Three Hundred Forty seven
Pounds, Eleven Shillings, and Three Pence Farthing,
had been bona fide purchased; but was in Lieu and Reprize for the same, as granted of His Majesty's
Bounty, for the Benefit of the said Lord Sommers and
his Heirs, as aforesaid; which, he conceives, might
be and was lawfully done.
"13. To the Thirteenth Article; the said Lord Sommers
saith, He doth admit that, in the Year One Thousand
Six Hundred Ninety-five, he being then Lord Keeper
of the Great Seal of England, His Majesty being
informed, as the Truth was, "That Thomas Too, John
Ireland, Thomas Wake, and William Maze, and several
other of His Majesty's Subjects in His Plantations of
America, had associated themselves, and did frequently commit great Piracies, Robberies, and Depredations on the Seas, in the Parts of America, and
other Parts, to the Hinderance and Discouragement
of Trade and Navigation;" for preventing the said
Mischiefs, did grant a Commission, as in this Article is
mentioned, unto William Kidd in this Article named
(who was then Commander of the Ship called The
Adventure Galley, and was not then, to the Knowledge
or Belief of the said Lord Sommers, esteemed a Person
of ill Fame or Reputation), to apprehend, seize, and
take into his Custody, the said Thomas Too, John
Ireland, Thomas Wake, and William Maze, and all
such other Pirates as he should meet with, in the
Seas of America, or any other Seas, with their Ships
and Vessels, and such Merchandizes, Monies, and
Wares, as should be found on Board or with them,
and to cause such Pirates to be brought to a legal
Trial; the granting of which Commission was then
apprehended to be necessary for the Preservation of
Trade and Navigation: And the said Lord Sommers
doth also admit, that a Grant, dated the Seven and
Twentieth Day of May One Thousand Six Hundred Ninety-seven, did pass under the Great Seal of
England, as in this Article is mentioned; whereby,
reciting the said Commission so granted to the said William Kidd, and that the said Adventure Galley was, with
His Majesty's Knowledge and Royal Encouragement,
bought and fitted out to Sea for the Execution of the
said Commission, at the Charge of the Earl of Bellamont, Edmund Harrison, Samuel Newton, William Rowley, George Watson, and Thomas Reynolds, in this Article named, His Majesty, for encouraging and rewarding
the said Undertaking, did grant unto the said Earl of
Bellamont, Edmund Harrison, William Rowley, George
Watson, Thomas Reynolds, and Samuel Newton (who
was named by and in Trust for the said Lord Sommers),
their Executors and Administrators, all and whatsoever Ships, Vessels, Goods, Merchandizes, Treasure,
and other Things whatsoever, which, since the Thirtieth Day of April One Thousand Six Hundred Ninetysix, had been taken or seized upon or with, or did
belong to, or should happen to be taken or seized
upon or with, or which did or should belong to, the
said Thomas Too, John Ireland, Thomas Wake, and
William Maze, or their Adherents, or any other Pirates, by the said William Kidd, or other Commanders
of the said Adventure Galley, or which by or by Means
of the said Ship or Galley should be taken, or forced
on-shore, on any of His Majesty's Plantations in America, so far as the said Premises, or any of them, did,
should, or might, belong to His Majesty, or could or
might be granted or grantable by Him, or was or
were in His Power to dispose of: Which Grant was
not intended to be without an Accompt; for the said
Lord Sommers saith, That, by Indenture, bearing
Date the Two and Twentieth Day of May One
Thousand Six Hundred Ninety-seven, made (after the
Warrant for the said Grant was signed, and before it
was past) between His Majesty of the one Part, and
the said Earl of Bellamont, Edmund Harrison, William
Rowley, George Watson, Thomas Reynolds, and Samuel
Newton, of the other Part; they the said Earl of Bellamont, Edmund Harrison, William Rowley, George
Watson, Thomas Reynolds, and Samuel Newton, did covenant, promise, and agree, with His Majesty, His
Heirs and Successors, well and truly to account for,
and deliver upon Oath, to the Use of His Majesty,
His Heirs and Successors, or the Commissioners of His
or Their Treasury, or His or Their High Treasurer, a
clear Tenth Part (the Whole in Ten equal Parts to
be divided) of all and every such Ships, Vessels,
Goods, Merchandizes, and other Things whatsoever,
which in and by the said Grant should be given, or
which should from Time to Time be taken, or seized,
or secured, by them, or any of them, their or any of
their Executors or Administrators, Officers, Agents,
Servants, or Assigns, by Virtue or Colour thereof;
to which Grant and Indenture the said Lord Sommers
for more Certainty referreth himself. And further
faith, He conceives, and is advised, that the said
Grant did not any Way tend to the Obstruction or
Discouragement of Trade or Navigation, or to the
Loss or Prejudice of Merchants, or others His Majesty's Subjects, or the Subjects of His Friends or
Allies, nor to the Dishonour of His Majesty or the
Kingdom; nor was the passing of the same any Breach
of the Duty of the said Lord Sommers; but the said
Grant was formed as a Recompense to the said Grantees, who, at their own Charge, had provided and
fitted out the said Ship, to enable the said William
Kidd to execute the Powers in the said Commission
mentioned, whereby the Public might have received
great Benefit, had the said William Kidd faithfully
discharged the Trust in him reposed by His Majesty
and the said Grantees; which he failing to do, the
Owners of the said Ship have lost their Expences, and
have not received any Benefit of His Majesty's said
Grant.
"14. To the Fourteenth Article; the said Lord Sommers saith, He did not delay any Proceedings, in any
Cause or Causes depending before him as Chancellor
of England, longer or otherwise than as the Circumstances and Justice of each Cause required; but did,
to the very manifest impairing of his Health, constantly apply himself to the Dispatch of the Causes
depending before him; and denies that he did ever
make, by Colour of his Office, any arbitrary or illegal Order, to the Subversion of any Law or Statute
of this Realm; or did ever assume to himself any arbitrary or illegal Power, or ever reverse any Judgement given in the Court of Exchequer, otherwise
than as is warranted and allowed by the Law, and
in the Presence of the Barons of the Court of Exchequer, who were always present in the Court of
Exchequer Chamber when their Judgements were
examined, as the Statute in such Cases directs; nor
did ever deliver, in any Court of Judicature, or other
Place whatsoever, any Position whatsoever, dangerous
to the legal Constitution of the Kingdom, or destructive to the Property of the Subject, as is charged by
the said Article.
"And as to all other Matters and Things in the
said Articles contained, and not herein before
particularly answered unto; the said Lord Sommers saith, he is Not Guilty of them, or any
of them, in Manner and Form as the same
are charged upon him in and by the said
Articles; and humbly submitteth himself to
your Lordships Judgement.
"Somers."
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That a Copy of the Answer
of John Lord Sommers (delivered this Day to the Articles of Impeachment depending against him) be sent to
the House of Commons. And accordingly,
L. Sommers's Answer sent to H. C.
A Message was sent to the House of Commons, by
Sir Robert Legard and Sir John Hoskyns:
To carry down a Copy of the Lord Sommers's Answer
to the Articles of Impeachment against him.
Messages from thence, with Bills; and to return the Countess of Anglesey's Bill, for a Separation; Fawconer's Bill; and Lostland & al. Nat. Bill.
A Message was brought from the House of Commons,
by Sir Robert Davers and others:
To return the Bill, intituled, "An Act for separating James Earl of Anglesey from Katherine Countess
of Anglesey his Wife, for the Cruelty of the said
Earl;" and to acquaint this House, that they have
agreed to the same, without any Amendment.
A Message was brought from the House of Commons,
by the Earl of Dysert and others:
With a Bill, intituled, "An Act for erecting a Court
of Request, or Conscience, in the City and County of
the City of Norwich, for Recovery of small Debts
under Forty Shillings;" to which they desire the Concurrence of this House.
Also, a Message from the House of Commons, by
Mr. Manaton and others:
Who brought up a Bill, intituled, "An Act for discharging a Mortgage upon the Estate of Peter Trevisa
Esquire, deceased, and providing a Maintenance for
his Widow and Children;" to which they desire the
Concurrence of this House.
Also, a Message was brought from the House of Commons, by Sir Richard Cox and others:
To return the Bill, intituled, "An Act for the vesting and settling several Messuages, Lands, and Tenements, belonging to John Fawconer Esquire, in
Trustees, to be sold, for Payment of Debts;" to
which they have agreed, with some Amendments, whereunto they desire the Concurrence of this House.
Also, a Message was brought from the House of Commons, by Sir Francis Masham and others:
To return the Bill, intituled, "An Act for naturalizing Adrian Lofland and others;" to which they
have agreed, with some Amendments, whereunto they
desire the Concurrence of this House.
Also, a Message from the House of Commons, by
Mr. Gower and others:
Who brought up a Bill, intituled, "An Act for
confirming a Decree made in Chancery, between John
Edwards Gentleman Complainant, and Sir Francis
Charlton Baronet and others Defendants;" to which
they desire the Concurrence of this House.
Hodie 1a
vice lecta est Billa, intituled, "An Act for
confirming a Decree made in Chancery, between John
Edwards Gentleman Complainant, and Sir Francis
Charlton Baronet and others Defendants."
Edwards's Bill:
Upon the First Reading of the Bill, intituled, "An
Act for confirming a Decree made in Chancery, between
John Edwards Gentleman Complainant, and Sir
Francis Charlton Baronet and others Defendants:"
Rejected.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Bill shall be,
and is hereby, rejected.
Bp. of Ely to preach the 29th.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop
of Ely be, and he is hereby, desired to preach before this
House, in the Abbey Church at Westminster, the Nine
and Twentieth Day of this Instant May.
Perkins's Bill.
After hearing Counsel and Witnesses, on the Behalf
of Mrs. Perkins, for the Bill, intituled, "An Act for
making a competent Provision for the Maintenance
of the Children of Edmund Perkins Esquire, by Elizabeth his Wife, out of the Fortune of the said Elizabeth; and for the Education of the said Children in
the Protestant Religion established by Law:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Mr. Perkins shall
be heard, by his Counsel and Witnesses, against the
said Bill, on Monday next, at Eleven a Clock, the First
Business.
Sir David Mitchell versus Colinge.
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That this House will hear One
Counsel upon the Petition of Sir David Mitchel, as also
One Counsel upon the Petition of Mr. Colinge, on Tuesday next, at Eleven a Clock.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
(videlicet,) vicesimum sextum diem instantis Maii, hora
undecima Auroræ, Dominis sic decernentibus.