Apno 9 Annæ, that, if the Houfe were pleased to allow him a Copy of the Earl of Peterborough's, Paper, he might make fome Remarks upon it: Which was granted.

1710-11.

His Lordship's
Question to

The Chairman of the Committee afked afterwards the Lord Tyrawley, Whether he was willing to communicate to Lord Tyrawley, the Lords, what he knew concerning the Council of War and his Answer. held in Valencia, the 15th of January, 1707. N. S. To which he answered, That the Reafon why he was shy of fpeaking the Friday before, was, because he thought himself → accufed; and as his Doubt ftill continued, and no body is obliged to accufe himself, he defired to know, whether he was accufed or no? And if he was, he defired a Copy of the Accufation, that he might put in his Answer.'

Duke of Argyle. Hereupon the Duke of Argyle faid, That the Lord Ty. rawley's Queftion was improper; that he was there in order to be examined by the Lords, and that he ought to answer to fuch Questions, as fhould be put to him by the Chairman.' The Lord Tyrawley infitting, that if he were accused, he ought to make his Defence according to the Forms of Earl of Peterbo-Courts of Judicature; the Lord Peterborough faid, That he rough. accufed no body; that the Lord Tyrawley was a gallant Man, but that, as it commonly happens, he might have been fwayed by the Opinion of his Superiors; whereupon the Chairman told him, he was not accused. Notwithilanding Lord Hallifax. this, the Lord Hallifax faid, That the Lord Tyrazley's Question was not altogether ill-grounded. That any thing that tends to a Cenfure, may be looked upon as an Accufa tion; and that the Houfe of Peers, being the fupreme Court of Judicature, they ought to obferve the Forms of Justice, as well as inferior Courts. A Debate being like to enfue Duke of Buck- thereupon, the Duke of Buckingham moved, That the Peringham. fons at the Bar might withdraw; which they did; and then his Grace complained of the Earl of Abingdon's faying to the. Lord Hallifax. Lord Tyrawley, he was not acculed. The Lord Hallifax faid, They were entered upon a large Field, that this Bufinefs had taken up much of their Time three Years before, to little Purpofe; that the Council in Valencia was a Point of na Weight or Confideration; but that, if it was made to be the Caule of ill Measures, the Lord Tyrazoley was invol ved in the fame Accufation with the Lord Galway.' - Here. of Abingdon, upon the Earl of Abingdon juftified what he faid, viz. That the Loid Tyrawley was not accuted; urging, it was impoffible he should, because the Houfe of Peers only judges, but never accufes: After which, the Duke of Argyle, in Antwer to the Lord Hallifax, faid, That three Years before, they enquired how Spain had been got, but now they enquired how it came to be loft; and that they were only enquiring,

Puke of Argyle.

A

and

A

10

1710-11.

and not accufing. To this the Duke of Marlborough replied, Anno 9 Anna, That he could not perceive the Tendency of fuch an Enquiry; but, if they defigned to cenfure Perfons, who had

acted to the best of their Understandings, they would have D. of Marlbono body to ferve them; and that it appeared by General rough. Stanhope's Letter to Mr. Secretary Hedges, that the Council held in Valencia was unanimous in four Points, and did not debate the fifth, which they left to be determined by the fubfequent Councils of War.' Hereupon the Earl of Peterborough defired, that Mr. Stanhope's Letter might be read, which was done acccordingly. It bore Date the fame Day the Council was held; and the most remarkable Paffage

in it, is, That he, the Lord Galway, and the Lord Ty. Mr. Stanhope's rawley, had given their Opinions for an Offenfive War, Letter read. and that King Charles's Minifters and the Earl of Peterborough being of another Opinion, he had protefted against it, in her Majefty's Name; faying, That the Queen did not spend fuch vaft Sums, and fend fuch Numbers of Forces, to garrison Towns, but to make King Charles Mafter of the Spanish Monarchy: But he apprehended he had committed a Fault, in offering to protest in her Majefty's Name, against the Opinion of a Perfon of fo fuperior a Character as the Earl of Peterborough.

After the reading of this Letter, the Lord North and Grey Lord North and faid, That the Lords Galway and Tyrawley having been Grey. poffeffed with an Opinion that they were accufed, they ought

to be let know they were not.' The Lord Cowper added, Lord Cowper. That they ought to declare clearly and plainly, whether this was an Accufation, or no; that the Reputation of Men of Honour was their Liberty and Property, that confequently, if this Enquiry tended to cenfure the Reputation of the Lords Galway and Tyrawley, by what Name foever it might be called, it was an Accufation; and they might ask to have it in Writing, and ought to be allowed Time to make good their Anfwers; adding, he did not speak fo much in Favour of those two Gentlemen, as for the Honour of that illuftrious Affembly.?

To this the Duke of Buckingham replied, That the Lord Duke of BuckTyrawley's Question was improper: That, if all who are ingham. fummoned to the Bar of the Houfe, in order to be examined, fhould ask the fame Question, they could never proceed in any Enquiry, or come to the Knowledge of any thing: That the Lord Tyrawley was as cautious and referved, as if he knew he was really accufed. That the Friday before, he remembered nothing; and now he wanted to know, whether he was accused, or no? That the Lord Galway had acted fairly, like a Man of Honour; That the Lord Tyraw.

bey

1710-11.

Duke of Marlborough.

Anno 9 Annæ, ley ought to do the fame; but if he refused, they could not force him to it: That the Reading of Letters was irregu lar, before they had examined him; and that the ChairmanTM ought to afk him, peremptorily, whether he would tell the Lords what he knew about the Councils held at Valencia! Hereupon the Duke of Marlborough moved, That the Lords Galway and Tyrawley, might be told, That they were not accused, and that the Council in Valencia was only to give Light into the fubfequent Operations of the Campaign.' To Earl of Rochef- which the Earl of Rochefter anfwered, That, tho' it had been alledged, that Reputation was as dear to them as Liberty and Property, yet the Lords ought not to tie their Hands, by telling them, whether they are accused, or no: And therefore moved, that the Chairman fhould ask the Lord Tyrawley to Earl of Peterbo- anfwer, if he pleased. The Lord Peterborough faid,No rough. Man can be accused for giving his Opinion in a Council of War.

ter.

the Lord Tyrawley,

After which, the Lord Galway and Tyrawley being called Queftion put to in again, the Earl of Abingdon told the latter, That the Lords defired to be informed of what he knew about the Council of War which was held in Valencia.' Thereupon the Lord and his Anfwer. Tyrawley faid, That, being apprehenfive he might be accufed, he thought he ought to be upon his Guard, but as he hoped that illuftrious Affembly would not take Advantage of any thing he might fay, he would frankly acquaint them with all he knew about the Council of War: That it is a hard Matter to charge one's Memory with things fo far diftant y but that he remembered, in general, that feveral Schemes? were propofed for the Operations of the enfuing Campaign? That an Offenfive War was refolved upon by a Majority of Voices That befides the Lord Galway, Mr. Stanhope, and himself, all the Portuguefe, viz. the Marquis das Minas, Count d'Oropeza, the Conde de Corfana, and the Portugueft Ambaffador, were of that Opinion: That the Operations of the Campaign were left to the Determination of fubfequent Councils: That as to the Battle of Almanza, it was unanimously refolved upon, not one General oppofing it; and that Monfieur Freihman, who commanded the Dutch, and was very jealous of any thing that regarded the Service of his Mafters, did not speak one Word against it.

Earl of Nottingham.

Duke of Buckingham.

Lord Hallifax.

The Earl of Nottingham having interrupted the Lord T rawley, telling him, He was not examined about the Battle of Almanza: The Duke of Buckingham faid, No Lord ought to speak to the Lord Tyrawley, but the Chairman." And the Lord Hallifax added, That what he had faid was very proper, the Battle of Almanza being a Confequence of the Council of War held at Valencia. On the other hand

the

the Earl of Peterborough faying, That what the Lord Ty- Anno 9 Annæ, rawley had faid was to no purpose. The Duke of Marlbo 1710-11. rough faying,' He had answered fully to the Question that was put to him.'

Earl of Peterbo

rough. The Earl of Godolphin having defired that the Lord Tyraw Duke of Marlboley might go on, he was called in again; and the Chairman rough. telling him he might proceed, he answered, He had no Earl of Godolmore to fay. However the Lord Cowper defiring he should phin.

be asked, Whether the March to Madrid was agreed in

that Council of War? And the Earl of Poulett, Whether in Earl of Poulett. the fame Council, an Offenfive War was refolved upon ?

The Chairman put those two Questions to my Lord Ty- Two Queftions rawley, who answered as before; That it was refolved put to Lord Tyto march to Madrid, but that the further Operations of the rawley. Compaign were referved to the Determination of fubfequent Councils, after they had beaten the Enemy. The Earl of Peterborough defiring to know by whom thofe Refolutions were taken, the Lord Tyrawley answer'd; By the Majority of several Councils of War, which were held twice a Week; and that, as far as he could remember, the King did not declare his Opinion.'

The Earl of Peterborough having afterwards defired Leave Earl of Peterbo to afk the Earl of Galway a Question, about his Negotiations rough.

in Italy; the Lord Poulett faid, No Questions were then to Earl of Poulett. be put, but in relation to the Council of War held in Valen

tia. The Earl of Abingdon having told the Lords Galway Earl of Abingand Tyrawley that they might withdraw, they withdrew ac don. cordingly, after which the Lord Cowper faid, That all he Lord Cowper. could collect from the Lord Tyraavley's Examination, was, That the fame Perfons who were for an Offensive War, in the Council held at Valencia, were very unanimous in the fubfequent Councils, and concurred in the Execution of the Operations agreed on."

After this the Chairman ordered the Clerk to read several Several Papers Papers that lay upon the Table, particularly the following read. Letter from Mr. Stanhope to Mr. Secretary Hedges:

SIR.

Valencia, Jan. 15, N. S. 1707.

"Since my laft, of the 25th of December, we have received the ill News of the King of Portugal's Death, and the Lofs of Alcantara. The fame Ships brought us Letters from my Lord Rivers and Sir Cloudefly Shovel, acquainting us, they had taken the Refolution of bringing the Land Forces to this Kingdom. Upon thefe Advices, and the Arrival of the Earl of Peterborough from Italy, feveral Conferences have been held on the Operations of the new Campaign. Inclofed

I feud

Anno 9 Annæ, I fend you the Opinions given by my Lord Galway, Sit 1710-11. Charles Hara, and myself, in writing, as the King had defired. What is mentioned therein of taking Origuela and Murcia, as foon as the Forces fhall land, is agreed unanimously as likewife to folicit either Succours, or a powerful Diverfion from Italy; and alfo to engage, if poffible, a Squa. dron to flay in these Seas. I am forry it is doubtful whether this latter can be compaffed, Sir Cloudefly Shovel having writ Word, that the Ships will return foon after the landing of the Troops; and if the Succours the French give out they are to have, (of which my Lord Peterborough will inform you more particularly) are really marching, a Squadron would be neceffary to hinder them from hurting us in Catalonia; which would otherwife require more Troops for the Defence of it than we can spare, and leave ourselves a fufficient Force to go to Madrid. The main Part of our Votes, which relate to the Defign of the Campaign, is not yet determined, there being many Opinions, that we should not think of Madrid, but act defensively, and in feveral Bodies. I have in most of my Letters, fince I came hither, either to my Lord Treafurer, or you, expreffed my Apprehenfion this would be aimed at; and therefore hope we shall foon be informed from you of her Majefty's Pleasure in this Particular. I have, perhaps, been guilty of a Fault in fupporting my Opinion, which is the fame with my Lord Galway's, too warmly at fome of these Conferences, having faid, that her Majesty did not spend fuch vaft Sums, and fend fuch Numbers of Forces to garrifon Towns in Catalonia and Valencia, but to make King Charles Master of the Spanish Monarchy; and if it was infifted upon, to divide the Forces, and put ourselves on the Defenfive, I fhould, in her Majefty's Name, protest against fuch Measures. The Fault I apprehend myself to have committed, was ufing the Expreffion of protesting in her Majefty's Name, in prefence of my Lord Peterborough, who has Characters from her Majesty to much fuperior to mine, and from whom it was my Fortune to differ in Opinion, on this Occafion. His Lordship will have communicated to you, the Projects he has concerted with the Duke of Savoy and Prince Eugene, for the Execution of which a ftrong Squadron is neceffary. If the Affillance of our Fleet can engage thofe Princes to march by Land to Thoulon, it may, on that Condition, be worth our while to fpare fome Foot from hence, for the Execution of fuch a Defign, as deftroying their Naval Strength, tho' we should be reduced to act defenfively here; for, let us take never fo good Refolutions, I cannot help repeating my Apprehenfions to you, that we fhall do no great Matters while we have fo many Generals fo little disposed to