peers against the Lord Sommers, by Mr. Harcourt, and the Will.III. demand for giving fecurity to abide by their lordships judg- 1700-1. ment was repeated. In these articles, the two partition treaties were copiously fet forth, and it was laid down for a foundation, that the king was bound to maintain the emperor's right of fucceffion to the crown of Spain; lord Sommers was charged, for fetting the feals, firft to the powers, and then to the treaties themselves; he was alfo charged, for accepting fome grants, and the manner of taking them was reprefented as fraudulent, he feeming to buy them of the king, and then getting himfelf difcharged of the price contracted for; Kidd's bufinefs was alfo mentioned, and dilatory and partial proceedings in Chancery were objected to him. He put in his answer in a very few days in the partition treaty, he faid, he had offered the king very faithful advice as a counsellor, and had acted according to the duty of his poft, as chancellor; fo he had nothing more to answer for: as for his grants, the king defigned him a grant to fuch a value, the king was not de VII. That during the war, he did by mifreprefentations procure an order for his majesty's fhip the Dolphin, to be employed in a private voyage for the advantage of himself and others concerned with him. To which he answered, "That "what was done therein, was "done after the peace conclu"ded, and by his majesty's "command, at the inftance and request of other perfons, contrary to his opinion." VIII. That, during the time of his commanding the navy, he did, through neglect, and in contempt of orders, unneceffarily hazard and expofe the fleet, and lofe the opportunities of taking or deftroying the French fhips, and fuffer them to return fafe into their own harbours. Το which he answered, "That he " is not guilty of any neglect or "omiffion of his duty herein, "nor did expect in this parti cular to be charged therewith, confidering his faithful fer"vices rendered against the "French fleet." IX. That he did, in concert with other falfe and evil counfellors, advise the king in the year 1698, to enter into one treaty for dividing the monarchy. and dominions of Spain; in purfuance whereof, in 1699. another treaty was entered into for the like purpose: both which treaties were prejudicial to the intereft of the Proteftant religion all over Europe, ruinous to the trade of England, and difho-" nourable to the king and the nation. To which he answered, "That he does deny, that he “ did advise his majesty to en"ter into the treaty of partition; "and, fo far as he was any "ways acquainted therewith, he objected to and gave his opinion against the fame." Pr. H, C. III. 147. Will. III. ceived in the value; the manner of paffing it was according 1700-1. to the ufual methods of the treafury, in order to make a grant fure, and out of the danger of being avoided. Kidd's bufinefs was opened, as was formerly .fet forth; and as to the court of chancery, he had applied himself wholly to the dispatch of businefs in it, with little regard to his own health or quiet, and had acted according to the best of his judgment without fear or favour (c). (c) The following extract gives a larger account of this affair: I. That John lord Sommers, well knowing the most apparent ill confequences, as well as the injuftice of the partition of the Spanish monarchy, did advise his majefty to enter into a treaty for it, and did fo far encourage and promote the fame, that the faid treaty was concluded and ratified in 1698, under the great feal of England, then in custody of the faid lord Sommers. which his lordship answered, by a full and plain account of all the fteps of that treaty, referring himself to the letters on that fubject between the king and him, "wherein, as he concei"ved, he had fully and faith"fully discharged his truft, and "the duty incumbent on him." Το II. That, for the more effectual carrying on the said treaty, commiffions were prepared, amended, enlarged, or altered, by the lord Sommers, without any lawful warrant for his fo doing; whereunto, without communicating the fame to the reft of the then lords juftices of England, or advifing with the privy council, he did prefume to affix the great feal of England, with a blank for commiflioners names, to be afterwards inferted. A III. That, having affixed the great feal without lawful warrant, in hopes of concealing that evil and most dangerous practice, after he had fettled the faid commiflions, he used his endeavour to procure a warrant to be tranfmitted to him for affixing the great feal, that it might not be known, but that he had it in due time. To which fecond and third articles he answered, "That having re"ceived his majesty's exprefs "commands to fend his ma"jefty full powers under the "great feal, for negotiating the "faid treaty, with blanks for "his majesty's commiffioners names, he thought it fuffi"cient warrant for him fo to do. "And that he did afterwards "defire his majesty, that a par"ticular warrant for figning the "faid commiflion might be figned and returned; not that he doubted his majesty's faid letter to be a fufficient war 66 A copy of the Lord Sommers's anfwer was, with great dis- Will. III. patch, fent down to the commons, and upon that they were, 1700-1. at majefty's plenipotentiaries for tranfacting the faid treaty, "who were then alfo prefent, "that the faid treaty was so far "perfected, that nothing could "then be altered therein; and, "his majesty afterwards, by his warrant, requiring the ratifying of the faid treaty under the great feal,, he did affix the great feal to fuch ratification, being, as he conceives, "obliged fo to do." 66 leaving one entire blank fheet," V. That, in the year 1699, another treaty of partition was concluded and ratified under the great feal, then in cuftody of the faid lord Sommers, evidently deftructive to the trade of this realm, dishonourable to his majefty, highly injurious to the intereft of the Proteftant religion, and manifeftly tending to disturb the general peace of Europe, by altering the balance of power therein, and ftrengthening France against the good friends and allies of our fovereign lord the king. To which he answered, "That he had not any know"ledge of the faid treaty, or "any tranfaction in order there"unto, fave only that a draught "of the faid treaty was read "over in the presence of divers "lords of the privy council "(whereof he was one) to which draught he, as well as others "then prefent, did make feve"ral objections; but they were "afterwards informed by his 46 2 66 VI. That whereas, by the laws and ufages of this realm, all commiffions under the great feal, for the making any treaty or alliance, ought to be enrolled and entered on record in the court of Chancery, he, the faid lord Sommers, not minding the duty of his office, did not in any manner enroll or enter on record any of the faid commiffions or ratifications. To which he answered," That he con"ceives it was not incumbent Will.III. at a full ftand. At the motion of the earl of Orford, the 1700-1. lords, four days before, had alfo acquainted them, that the 68 houfe "proved and paffed in the privy council of England, according to the ufual form in "fuch cafes; and, being fo approved, were, by order of council, fent to the faid lord "Sommers, who was by the "faid order required to affix "the great feal thereto." VIII. That he did not only receive and enjoy the fees, profits and perquifites belonging to the great feal, but had received an annual penfion from the crown of 4000l. and had further begged and procured for his own benefit, many great, unreafonable, and exorbitant grants of revenues belonging to the crown of England. To which he answered, "That the an"nual penfion or allowance of in moft of his predeceffors 46 pafs the fame, he ought fo to "do; and denies, that he did 66 ever advife, promote or pro66 cure any grant to be made to any perfon whatsoever, of any forfeited eftate in Ireland, or did procure any act or bill prepared for confirming any "fuch grant in the parliament "of Ireland, to be approved in 66 40col. had been allowed to feveral of his predeceffors; "but he denied, that he did ever beg or ufe any means to procure any grant whatfoever for his own benefit; but that "what his majefty was pleafed "to give him, proceeded from "his majefty's own motion, and "of his mere bounty, and as "his majefty was pleafed to de"clare upon that occafion, as an evidence of the gracious acceptation of the faid lord "Sommers's zealous endeavours for his fervice." IX. That, in order to procure a grant of fee-farm rents, he did enter into feveral treaties, and had many communications with the auditor of the rates, and with the clerk of the truftees for fale of the faid rents, and 1 houfe had been defired by the earl, that a day might be ap- Will.III. pointed for his speedy trial; but, finding no iffue joined by 1700-1. repli and contracted and agreed with them, as a reward for their difcovery, one full fourth part of all fuch rents fo difcovered. X. That, notwithstanding the faid pretended contracts, there was not any fum of money really paid, but the contracts and payments were colourably and fraudulently contrived in deceit of his majesty, and elufion of the acts of parliament. To which ninth and tenth articles he anfwered, "That after his ma"jefty had given directions to "the lords of the treasury for granting fee-farm rents to the "benefit of him and his heirs ; "his majefty's intended bounty, "would have been loft, with"out information could be "gained of fuch particular rents; "and therefore application was "made to the faid auditor and " 64 clerk, as the most likely to give information therein; but they refused to give any "account of fuch rents, unless they might have near a fourth part for fo doing; which the faid lord Sommers did, as he "conceives he lawfully might comply with. And there was not any fum of money paid, "as the confideration of the grants of the faid rents, but "the contracts were made, and "the payment difcharged, with out any deceit of his majefty, "or elufion of the acts of par"liament.” XI. That many rents ftanding in charge for payment of penfions, ftipends, falaries, annuities, alms, and allowances for fchools, churches, bridges, &c. and many quit-rents of ma nors, omitted and annexed to the caftle of Windfor for fupport of the fame, and maintenance of the officers, fervants, and attendants in the said caftle, were conveyed by the said truftees, through the direction and power of the faid lord Sommers, contrary to the true intent and meaning of the faid acts of par liament, to the great vexation and oppreffion of many of his majefty's good fubjects, and creating many new and unreasonable charges on the other revenues of the crown. To which he answered, he answered, "That fome things might be inferted by "mistaken informations, and not out of any defigns; but "he denied, that as to his knowledge, or belief, any of "the faid rents were ever united 66 pened; and little or no new "charge to crown." XII. That by the direction of the faid lord Sommers, the perfons, in whofe names the purchafes were made, did surrender feveral of the faid rents to them granted, amounting to the yearly value of 347 1. 11 s. 5 d. on fuggeftion of wrong conveyance, and procured other rents of the yearly value of 391 1. o s. 3 to be allowed by way of reprize, as if the faid rents fo furrendered had been really and bona fide purchafed. To which he an fwered, |