cerning the partition-treaty, with an order to send over the necessary powers in the most secret manner, he thought it would have been taking too much upon him to put a stop to a treaty of such consequence, when the life of the king of Spain was so precarious; for, had the king died before the treaty was finished, and he been blamed for delaying the necessary powers, he could not have justified his own conduct, since the king's letter was really a warrant: that, nevertheless, he had written a letter to his majesty, objecting to several particulars in the treaty, and proposing other articles which he thought were for the interest of his country: that he thought himself bound to put the great seal to the treaty when it was concluded: that, as a privy-counsellor, he had offered his best advice, and as chancellor, executed his office according to his duty. After he had withdrawn, his justification gave rise to a long debate, which ended in a resolution carried by a majority of seven voices, That John lord Somers, by advising his majesty to conclude the treaty of partition, whereby large territories of the Spanish monarchy were to be delivered up to France, was guilty of a high crime and misdemeanour. Votes to the same effect were passed against Edward earl of Orford, and Charles lord Halifax; and all three were impeached at the bar of the upper house. But the commons knowing that those impeachments would produce nothing in the house of lords, where the opposite interest predominated, they resolved to proceed against the accused noblemen in a more expeditious and effectual way of branding their reputation. They voted and presented an address to the king, desiring he would remove them from his councils and presence for ever, as advisers of a treaty so pernicious to the trade and welfare of England. They concluded, by repeating their assurance, that they would always stand by and support his majesty to the utmost of their power, against all his enemies both at home and abroad. The king, in his answer, artfully overlooked the first part of the remonstrance. He thanked them for their repeated assurances; and told them he would employ none in his

service but such as should be thought most likely to improve that mutual trust and confidence between him and his people, which was so necessary at that conjuncture, both for their own security and the preservation of their allies.

DISPUTES BETWEEN THE TWO HOUSES.

THE lords, incensed at this step of the commons, which they considered as an insult upon their tribunal, and a violation of common justice, drew up and delivered a counter-address, humbly beseeching his majesty, that he -would not pass any censure upon the accused lords until they should be tried on the impeachments, and judgments be given according to the usage of parliament. The king was so perplexed by these opposite representations, that he knew not well what course to follow. He made no reply to the counter-address; but allowed the names of the impeached lords to remain in the council-books. The commons having carried their point, which was to stigmatize those noblemen, and prevent their being employed for the future, suffered the impeachments to be neglected, until they themselves moved for trial. On the fifth day of May the house of lords sent a message to the commons, importing, That no articles had as yet been exhibited against the noblemen whom they had impeached. The charge was immediately drawn up against the earl of Orford: him they accused of having received exorbitant grants from the crown: of having been concerned with Kidd the pirate: of having committed abuses in managing and victualling the fleet, when it lay on the coast of Spain: and lastly, of having advised the partition treaty. The earl in his own defence declared, that he had received no grant from the king, except a very distant reversion, and a present of ten thousand pounds, after he had defeated the French at La Hogue; that in Kidd's affair he had acted legally, and with a good intention towards the public, though to his own loss: that his accounts with regard to the fleet which he commanded had been exa

mined and passed; yet he was ready to wave the advantage, and justify himself in every particular; and he absolutely denied that he had given any advice concerning the treaty of partition. Lord Somers was accused of having set the seals to the powers, and afterwards to the treaties: of having accepted some grants: of having been an accomplice with Kidd; and of having some guilt of partial and dilatory proceedings in chancery. He answered every article in the charge; but no replication was made by the commons, either to him or to the earl of Orford. When the commons were stimulated by another message from the peers, relating to the impeachments of the earl of Portland and lord Halifax, they declined exhibiting articles against the former, on pretence of respect for his majesty; but on the fourteenth of June the charge against Halifax was sent up to the lords. He was taxed with possessing a grant in Ireland, without paying the produce of it, according to the law lately enacted concerning those grants: with enjoying another grant out of the forest of Deane, to the waste of the timber and the prejudice of the navy: with having held places that were incompatible, by being at the same time commissioner of the treasury, and chancellor of the exchequer ; and with having advised the two treaties of partition. He answered, that his grant in Ireland was of debts and sums of money, and within the act concerning confiscated estates; that all he had ever received from it did not exceed four hundred pounds, which, if he was bound to repay, a common action would lie against him; but every man was not to be impeached who did not discharge his debts at the very day of payment. He observed, that as his grant in the forest of Deane extended to weedings only it could occasion no waste of timber, nor prejudice to the navy: that the auditor's place was held by another person, until he obtained the king's leave to withdraw from the treasury: that he never saw the first treaty of partition, nor was his advice asked upon the subject: that he had never heard of the second but once before it was concluded: and then he spoke his sentiments freely