Chapter VI (3)

With this answer he sent a letter to the states, giving them to understand that the peace of Europe was so firmly established by the will of the king of Spain, in favour of his grandson, that he did not doubt their approbation of his succession to the Spanish crown. The states observed, that they could not declare themselves upon an affair of such consequence, without consulting their respective provinces. Louis admitted the excuse, and assured them of his readiness to concur with whatever they should desire for the security of the Spanish Netherlands. The Spanish ambassador at the Hague presented them with a letter from his new master, who likewise notified his accession to all the powers of Europe, except the king of England. The emperor loudly exclaimed against the will, as being more iniquitous than the treaty of partition; and threatened to do himself justice by force of arms. The Spaniards, apprehending that a league would be formed between his imperial majesty and the maritime powers for setting aside the succession of the duke of Anjou, and conscious of their own inability to defend their dominions, resigned themselves entirely to the protection of the French monarch. The towns in the Spanish Netherlands and the duchy of Milan admitted French garrisons: a French squadron anchored in the port of Cadiz; and another was detached to the Spanish settlements in the West Indies. Part of the Dutch army that was quartered at Luxembourg, Mon, and Namur, were made prisoners of war, because they would not own the king of Spain, whom their masters had not yet acknowledged. The states were overwhelmed with consternation by this event, especially when they considered their own naked situation, and reflected that the Spanish garrisons might fall upon them before they could assemble a body of troops for their defence. The danger was so imminent, that they resolved to acknowledge the king of Spain without further hesitation, and wrote a letter to the French king for that purpose; this was no sooner received, than orders were issued for sending back their battalions.

A NEW MINISTRY, AND A NEW PARLIAMENT.

How warmly soever king William resented the conduct of the French king, in accepting the will so diametrically opposite to his engagements, he dissembled his chagrin; and behaved with such reserve and apparent indifference, that some people naturally believed he had been privy to the transaction. Others imagined that he was discouraged from engaging in a new war by his bodily infirmities, which daily increased, as well as by the opposition in parliament to which he should be inevitably exposed. But his real aim was to conceal his sentiments until he should have sounded the opinions of other powers in Europe, and seen how far he could depend upon his new ministry. He now seemed to repose his chief confidence in the earl of Rochester, who had undertaken for the tories, and was declared lord-lieutenant of Ireland. Lord Godolphin was appointed first commissioner of the treasury, lord Tankerville succeeded lord Lonsdale, lately deceased, as keeper of the privy-seal, and sir Charles Hedges was declared secretary of state, in the room of the earl of Jersey; but the management of the commons was intrusted to Mr. Robert Harley, who had hitherto opposed the measures of the court with equal virulence and ability. These new undertakers, well knowing they should find it very difficult, if not impossible, to secure a majority in the present parliament, prevailed on the king to dissolve it by proclamation; then the sheriffs were changed according to their nomination, and writs issued for a new parliament to meet on the sixth day of February. During this interval, count Wratislaw arrived in England, as ambassador from the emperor, to explain Leopold’s title to the Spanish monarchy, supported by repeated entails and renunciations, confirmed in the most solemn treaties. This minister met with a very cold reception from those who stood at the helm of affairs. They sought to avoid all connexions, that might engage their country as a principal in another war upon the Continent; smarting as they were from the losses and incumbrances which the last had entailed upon them and their posterity. They seemed to think that Louis, rather than involve himself in fresh troubles, would give all the security that could be desired for maintaining the peace of Europe; or even should this be refused, they saw no reason for Britain exhausting her wealth and strength to support a chimerical balance, in which her interest was but remotely concerned. It was their opinion, that by keeping aloof she might render herself more respectable. Her reserve would overawe contending powers; they would in their turn sue for her assistance, and implore her good offices; and, instead of declaring herself a party, she would have the honour to decide as arbitress of their disputes. Perhaps they extended this idea too far; and, in all probability, their notions were inflamed by a spirit of faction. They hated the whigs as their political adversaries, and detested the war, because it had been countenanced and supported by the interest of that party. The king believed that a conjunction of the two monarchies of France and Spain would prove fatal to the liberties of Europe; and that this could not be prevented by any other method than a general union of the other European powers. He certainly was an enthusiast in his sentiments of this equilibrium; and fully convinced that he himself, of all the potentates in Christendom, was the only prince capable of adjusting the balance. The imperial ambassador could not therefore be long ignorant of his real purpose, as he conversed with the Dutch favourites, who knew and approved of their master’s design, though he avoided a declaration until he should have rendered his ministers more propitious to his aim. The true secret, however, of that reserve with which count Wratislaw was treated at his first arrival, was a private negotiation which the king had set on foot with the regency of Spain, touching a barrier in the Netherlands. He proposed that certain towns should be garrisoned with English and Dutch troops, by way of security against the ambitious designs of France; but the regency were so devoted to the French interest, that they refused to listen to any proposal of this nature. While this affair was in agitation, William resolved to maintain a wary distance from the emperor; but when his efforts miscarried, the ambassador found him much more open and accessible.*

* This year was distinguished by a glorious victory which
the young king of Sweden obtained in the nineteenth year of
his age. Riga continued invested by the king of Poland,
while Peter the czar of Muscovy made his approaches to
Narva, at the head of a prodigious army, purposing, in
violation of all faith and justice, to share the spoils of
the youthful monarch. Charles landed at Revel, compelled the
Saxons to abandon the siege of Riga, and having supplied the
place, marched with a handful of troops against the
Muscovites, who had undertaken the siege of Narva. The czar
quitted his army with some precipitation, as if he had been
afraid of hazarding his person, while Charles advanced
through ways that were thought impracticable, and surprised
the enemy. He broke into their camp before they had the
least intimation of his approach, and totally routed them
after a short resistance. He took a great number of
prisoners, with all their baggage, tents, and artillery, and
entered Narva in triumph.

The parliament meeting on the sixth, was prorogued to the tenth day of February, when Mr. Harley was chosen speaker by a great majority, in opposition to sir Richard Onslow. The king had previously told sir Thomas Lyttleton, it would be for his service that he should yield his pretensions to Harley at this juncture; and that gentleman agreed to absent himself from the house on the day of election. The king observed in his speech, that the nation’s loss in the death of the duke of Gloucester, had rendered it absolutely necessary for them to make further provision for the succession of the crown in the protestant line; that the death of the king of Spain had made such an alteration in the affairs of the Continent, as required their mature deliberation. The rest of his harangue turned upon the usual topics of demanding supplies for the ensuing year, reminding them of the deficiencies and public debts, recommending to their inquiry the state of the navy and fortifications; exhorting them to encourage commerce, employ the poor, and proceed with vigour and unanimity in all their deliberations. Though the elections had been generally carried in favour of the tory interest, the ministry had secured but one part of that faction. Some of the most popular leaders, such as the duke of Leeds, the marquis of Normanby, the earls of Nottingham, Seymour, Musgrave, Howe, Finch, and Showers, had been either neglected or found refractory, and resolved to oppose the court measures with all their influence. Besides, the French king, knowing that the peace of Europe would in a great measure depend on the resolutions of the English parliament, is said to have distributed great sums of money in England, by means of his minister Tallard, in order to strengthen the opposition of the house of commons. Certain it is, the nation abounded at this period with the French coins called louis d’ors and pistoles; but whether this redundancy was owing to a balance of trade in favour of England, or to the largesses of Louis, we shall not pretend to determine. We may likewise observe, that the infamous practice of bribing electors had never been so flagrant as in the choice of representatives for this parliament. This scandalous traffic had been chiefly carried on by the whig party, and therefore their antagonists resolved to spare no pains in detecting their corruption. Sir Edward Seymour distinguished himself by his zeal and activity; he brought some of these practices to light, and, in particular, stigmatized the new East-India company for having been deeply concerned in this species of venality. An inquiry being set on foot in the house of commons, several elections were declared void; and divers persons who had been illegally returned, were first expelled the house, and afterwards detained in prison. Yet these prosecutions were carried on with such partiality, as plainly indicated that they flowed rather from party zeal than from patriotism.

A great body of the commons had resolved to present an address to his majesty, desiring he would acknowledge the king of Spain; and the motion in all probability would have been carried by a considerable majority, had not one bold and lucky expression given such a turn to the debate, as induced the anti-courtiers to desist. One Mr. Monckton, in the heat of his declamation against this measure, said he expected the next vote would be for owning the pretended prince of Wales. Though there was little or no connexion between these two subjects, a great many members were startled at the information, and deserted the measure, which was dropped accordingly. The king’s speech being taken into consideration, the house resolved to support his majesty and his government; to take such effectual measures as might best conduce to the interest and safety of England, and the preservation of the protestant religion. This resolution was presented in an address to the king, who received it favourably. At the same time, he laid before them a memorial he had received from the states-general, and desired their advice and assistance in the points that constituted the substance of the remonstrance. The states gave him to understand, that they had acknowledged the duke of Anjou as king of Spain; that France had agreed to a negotiation, in which they might stipulate the necessary conditions for securing the peace of Europe; and that they were firmly resolved to do nothing without the concurrence of his majesty and their other allies. They therefore begged he would send a minister to the Hague, with necessary powers and instructions to co-operate with them in this negotiation; they told him that in case it should prove ineffectual, or Holland be suddenly invaded by the troops which Louis had ordered to advance towards their frontiers, they relied on the assistance of England, and hoped his majesty would prepare the succours stipulated by treaty, to be used should occasion require. The memorial was like-wise communicated to the house of lords. Meanwhile the commons desired that the treaties between England and the states-general should be laid before the house. These being perused, they resolved upon an address, to desire his majesty would enter into such negotiations with the states-general, and other potentates, as might most effectually conduce to the mutual safety of Great Britain and the united provinces, as well as to the preservation of the peace of Europe, and to assure him of their support and assistance in performance of the treaty subsisting between England and the states-general. This resolution however was not carried without great opposition from those who were averse to the nation involving itself in another war upon the continent. The king professed himself extremely well pleased with this address, and told them he would immediately order his ministers abroad to act in concert with the states-general and other powers, for the attainment of those ends they proposed.

AN INTERCEPTED LETTER.

He communicated to the commons a letter, written by the earl of Melfort to his brother the earl of Perth, governor to the pretended prince of Wales. It had been mislaid by, accident, and came to London in the French mail. It contained a scheme for another invasion of England, together with some reflections on the character of the earl of Middleton, who had supplanted him at the court of St. Germain’s. Melfort was a mere projector, and seems to have had no other view than that of recommending himself to king James, and bringing his rival into disgrace. The house of lords, to whom the’ letter was also imparted, ordered it to be printed. Next day they presented an address, thanking his majesty for his care of the protestant religion; desiring all the treaties made since the last war might be laid before them; requesting him to engage in such alliances as he should think proper for preserving the balance of power in Europe; assuring him of their concurrence; expressing their acknowledgment for his having communicated Melfort’s letter; desiring he would give orders for seizing the horses and arms of disaffected persons; for removing papists from London; and for searching after those arms and provisions of war mentioned in the letter; finally, they requested him to equip speedily a sufficient fleet for the defence of himself and the kingdom. They received a gracious answer to this address, which was a further encouragement to the king to put his own private designs in execution; towards the same end the letter contributed not a little, by inflaming the fears and resentment of the nation against France, which in vain disclaimed the earl of Melfort as a fantastical schemer, to whom no regard was paid at the court of Versailles. The French ministry complained of the publication of this letter, as an attempt to sow jealousy between the two crowns; and as a convincing proof of their sincerity, banished the earl of Melfort to Angers.

SUCCESSION OF THE CROWN SETTLED.

The credit of exchequer bills was so lowered by the change of the ministry, and the lapse of the time allotted for their circulation, that they fell nearly twenty per cent, to the prejudice of the revenue, and the discredit of the government in foreign countries. The commons having taken this affair into consideration, voted, That provision should be made from time to time for making good the principal and interest due on all parliamentary funds; and afterwards passed a bill for renewing the bills of credit, commonly called exchequer bills. This was sent up to the lords on the sixth day of March, and on the thirteenth received the royal assent. The next object that engrossed the attention of the commons, was the settlement of the succession to the throne, which the king had recommended to their consideration in the beginning of the session. Having deliberated on this subject, they resolved, That for the preservation of the peace and happiness of the kingdom, and the security of the protestant religion, it was absolutely necessary that a further declaration should be made of the limitation and succession of the crown in the protestant line, after his majesty and the princess, and the heirs of their bodies respectively; and that further provision should be first made for the security of the rights and liberties of the people. Mr. Harley moved, That some conditions of government might be settled as preliminaries, before they should proceed to the nomination of the person, that their security might be complete. Accordingly, they deliberated on this subject, and agreed to the following resolutions; That whoever shall hereafter come to the possession of this crown, shall join in communion with the church of England as by law established; that in case the crown and imperial dignity of this realm shall hereafter come to any person, not being a native of this kingdom of England, this nation be not obliged to engage in any war for the defence of any dominions or territories which do not belong to the crown of England, without the consent of parliament; that no person who shall hereafter come to the possession of the crown, shall go out of the dominions of England, Scotland, or Ireland, without consent of parliament; that, from and after the time that the further limitation by this act shall take effect, all matters and things relating to the well-governing of this kingdom, which are properly cognizable in the privy-council, by the laws and customs of the realm, shall be transacted there, and all resolutions taken thereupon shall be signed by such of the privy-council as shall advise and consent to the same; that, after the limitation shall take effect, no person born out of the kingdom of England, Scotland, or Ireland, or the dominions thereunto belonging, although he be naturalized, and made a denizen (except such as are born of English parents), shall be capable to be of the privy-council, or a member of either house of parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements, or hereditaments from the crown to himself, or to any others in trust for him; that no person who has an office or place of profit under the king, or receives a pension from the crown, shall be capable of serving as a member of the house of commons; that, after the limitation shall take effect, judges’ commissions be made _quamdiu se bene gesserint_, and their salaries ascertained and established; but upon the address of both houses of parliament, it may be lawful to remove them; but no pardon under the great seal of England be pleadable to an impeachment by the commons in parliament. Having settled these preliminaries, they resolved, that the princess Sophia, duchess dowager of Hanover, be declared the next in succession to the crown of England, in the protestant line, after his majesty, and the princess, and the heirs of their bodies respectively; and, that the further limitation of the crown be to the said princess Sophia and the heirs of her body, being protestants. A bill being formed on these resolutions, was sent up to the house of lords, where it met with some opposition from the marquis of Normanby; a protest was likewise entered against it by the earls of Huntingdon and Plymouth, and the lords Guilford and Jeffries. Nevertheless it passed without amendments, and on the twelfth day of June received the royal assent: the king was extremely mortified at the preliminary limitations, which he considered as an open insult on his own conduct and administration; not but that they were necessary precautions, naturally suggested by the experience of those evils to which the nation had been already exposed, in consequence of raising a foreign prince to the throne of England. As the tories lay under the imputation of favouring the late king’s interest, they exerted themselves zealously on this occasion to wipe off the aspersion, and insinuate themselves into the confidence of the people; hoping that in the sequel they should be able to restrain the nation from engaging too deep in the affairs of the continent, without incurring the charge of disaffection to the present king and government. The act of settlement being passed, the earl of Macclesfield was sent to notify the transaction to the electress Sophia, who likewise received from his hands the order of the garter.

The act of succession gave umbrage to all the popish princes, who were more nearly related to the crown than this lady, whom the parliament had preferred to all others. The duchess of Savoy, grand-daughter to king Charles I. by her mother, ordered her ambassador, count Maffei, to make a protestation to the parliament of England, in her name, against all resolutions and decisions contrary to her title, as sole daughter to the princess Henrietta, next in succession to the crown of England, after king William and the princess Anne of Denmark. Two copies of this protest, Maffei sent in letters to the lord keeper and the speaker of the lower house, by two of his gentlemen, and a public notary to attest the delivery; but no notice was taken of the declaration. The duke of Savoy, while his minister was thus employed in England, engaged in an alliance with the crowns of France and Spain, on condition, That his catholic majesty should espouse his youngest daughter without a dowry; that he himself should command the allied army in Italy, and furnish eight thousand infantry, with five-and-twenty hundred horse, in consideration of a monthly subsidy of fifty thousand crowns.

INEFFECTUAL NEGOTIATION with FRANCE.

During these transactions, Mr. Stanhope, envoy extraordinary to the states-general, was empowered to treat with the ministers of France and Spain, according to the addresses of both houses of parliament. He represented, that though his most christian majesty had thought fit to deviate from the partition-treaty, it was not reasonable that the king of England should lose the effect of that convention; he therefore expected some security for the peace of Europe; and for that purpose insisted upon certain articles, importing, That the French king should immediately withdraw his troops from the Spanish Netherlands; that for the security of England, the cities of Ostend and Nieuport should be delivered into the hands of his Britannic majesty; that no kingdom, provinces, cities, lands, or places, belonging to the crown of Spain, should ever be yielded or transferred to the crown of France, on any pretence whatever; that the subjects of his Britannic majesty should retain all the privileges, rights, and immunities, with regard to their navigation and commerce in the dominions of Spain, which they enjoyed at the death of his late catholic majesty; and also all such immunities, rights, and franchises, as the subjects of France, or any other power, either possess for the present, or may enjoy for the future; that all treaties of peace and conventions between England and Spain should be renewed; and that a treaty formed on these demands should be guaranteed by such powers as one or other of the contractors should solicit and prevail upon to accede. Such likewise were the proposals made by the states-general, with this difference, that they demanded as cautionary towns, all the strongest places in the Netherlands. Count D’A vaux, the French minister, was so surprised at these exorbitant demands, that he could not help saying, They could not have been higher, if his master had lost four successive battles. He assured them that his most christian majesty would withdraw his troops from the Spanish Netherlands as soon as the king of Spain should have forces of his own sufficient to guard the country; with respect to the other articles, he could give no other answer, but that he would immediately transmit them to Versailles. Louis was filled with indignation at the insolent strain of those proposals, which he considered as a sure mark of William’s hostile intentions. He refused to give any other security for the peace of Europe, than a renewal of the treaty of Ryswick; and he is said to have tampered, by means of his agents and emissaries, with the members of the English parliament, that they might oppose all steps tending to a new war on the continent.

{WILLIAM, 1688--1701.}

SEVERE ADDRESSES FROM BOTH HOUSES.

King William certainly had no expectation that France would close with such proposals; but he was not without hope that her refusal would warm the English nation into a concurrence with his designs. He communicated to the house of commons the demands which had been made by him and the states-general; and gave them to understand, that he would from time to time make them acquainted with the progress of the negotiation. The commons suspecting that his intention was to make them parties in a congress which he might conduct to a different end from that which they proposed, resolved to signify their sentiments in the answer to this message. They called for the treaty of partition, which being read, they voted an address of thanks to his majesty, for his most gracious declaration that he would make them acquainted with the progress of the negotiation; but they signified their disapprobation of the partition treaty, signed with the great seal of England, without the advice of the parliament which was then sitting, and productive of ill consequences to the kingdom, as well as to the peace of Europe, as it assigned over to the French king such a large portion of the Spanish dominion. Nothing could be more mortifying to the king than this open attack upon his own conduct, yet he suppressed his resentment, and without taking the least notice of their sentiments with respect to the partition treaty, assured them that he should be always ready to receive their advice on the negotiation which he had set on foot according to their desire. The debates in the house of commons upon the subject of the partition treaty rose to such violence, that divers members, in declaiming against it, transgressed the bounds of decency. Sir Edward Seymour compared the division which had been made of the Spanish territories, to a robbery on the highway; and Mr. Howe did not scruple to say it was a felonious treaty: an expression which the king resented to such a degree, that he declared he would have demanded personal satisfaction with his sword, had he not been restrained by the disparity of condition between himself and the person who had offered such an outrageous insult to his honour. Whether the tories intended to alienate the minds of the nation from all foreign connexions, or to wreak their vengeance on the late ministers, whom they hated as the chiefs of the whig party, certain it is, they now raised an universal outcry against the partition treaty, which was not only condemned in public pamphlets and private conversation, but even brought into the house of lords as an object of parliamentary censure. In the month of March a warm debate on this subject was begun by Sheffield marquis of Nonnanby, and carried on with great vehemence by other noblemen of the same faction. They exclaimed against the article by which so many territories were added to the crown of France; they complained, that the emperor had been forsaken; that the treaty was not communicated to the privy-council or ministry, but clandestinely transacted by the earls of Portland and Jersey; that the sanction of the great seal had been unjustly and irregularly applied, first to blank powers, and afterwards to the treaty itself. The courtiers replied, that the king had engaged in a treaty of partition at the desire of the emperor, who had agreed to every article except that relating to the duchy of Milan, and afterwards desired, that his majesty would procure for him the best terms he could obtain; above all things recommending secrecy, that he might not forfeit his interest in Spain, by seeming to consent to the treaty; that foreign negotiations being intrusted to the care of the crown, the king lay under no legal obligation to communicate such secrets of state to his council; far less was he obliged to follow their advice; and that the keeper of the great seal had no authority for refusing to apply it to any powers or treaty which the king should grant or conclude, unless they were contrary to law, which had made no provision for such an emergency.*

* In the course of this debate, the earl of Rochester
reprehended some lords for speaking disrespectfully of the
French king, observing that it was peculiarly incumbent on
peers to treat monarchs with decorum and respect, as they
derived their dignity from the crown. Another affirming that
the French king was not only to be respected, but likewise
to be feared: a certain lord replied, “He hoped no man in
England need to be afraid of the French king; much less the
peer who spoke last, who was too much a friend to that
monarch to fear anything from his resentment.”

The earl of Portland, apprehending that this tempest would burst upon his head, declared on the second day of the debate, that he had, by the king’s order, communicated the treaty, before it was concluded, to the earls of Pembroke and Marlborough, the lords Lonsdale, Somers, Halifax, and secretary Vernon. These noblemen owned, that they had been made acquainted with the substance of it: that when they excepted to some particulars, they were told his majesty had carried the matter as far as it could be advanced, and that he could obtain no better terms; thus assured that every article was already settled, they said they no longer insisted upon particulars, but gave their advice that his majesty should not engage himself in any measure that would produce a new war, seeing the nation had been so uneasy under the last. After long debates, and great variety as well as virulence of altercation, the house agreed to an address in which they disapproved of the partition treaty, as a scheme inconsistent with the peace and safety of Europe, as well as prejudicial to the interest of Great Britain. They complained, that neither the instructions given to his plenipotentiaries, nor the draft of the treaty itself, had been laid before his majesty’s council. They humbly besought him, that for the future he would, in all matters of importance, require and admit the advice of his natural born subjects of known probity and fortune; and that he would constitute a council of such persons, to whom he might impart all affairs which should any way concern him and his dominions. They observed, that interest and natural affection to their country would incline them to every measure that might tend to its welfare and prosperity; whereas strangers could not be so much influenced by these considerations; that their knowledge of the country would render them more capable than foreigners could be of advising his majesty touching the true interests of his kingdom; that they had exhibited such repeated demonstrations of their duty and affection, as must convince his majesty of their zeal in his service; nor could he want the knowledge of persons fit to be employed in all his secret and arduous affairs; finally, as the French king appeared to have violated the treaty of partition, they advised his majesty, in future negotiations with that prince, to proceed with such caution as might imply a real security.

WILLIAM IS OBLIGED TO ACKNOWLEDGE THE KING OF SPAIN.

The king received this severe remonstrance with his usual phlegm; saying, it contained matter of very great moment; and he would take care that all treaties he made should be for the honour and safety of England. Though he deeply felt this affront, he would not alter his conduct towards the new ministers; but he plainly perceived their intention was to thwart him in his favourite measure, and humble him into a dependence upon their interest in parliament. On the last day of March, he imparted to the commons the French king’s declaration, that he would grant no other security than a renewal of the treaty of Ryswick; so that the negotiation seemed to be at an end. He likewise communicated two resolutions of the states-general, with a memorial from their envoy in England, relating to the ships they had equipped with a view to join the English fleet, and the succours stipulated in the treaty concluded in the year 1677, which they desired might be sent over with all convenient expedition. The house having considered this message, unanimously resolved to desire his majesty would carry on the negotiations in concert with the states-general, and take such measures therein as might most conduce to their safety; they assured him they would effectually enable him to support the treaty of 1677, by which England was bound to assist them with ten thousand men, and twenty ships of war, in case they should be attacked. Though the king was nettled at that part of this address, which, by confining him to one treaty, implied their disapprobation of a new confederacy, he discovered no signs of emotion; but thanked them for the assurance they had given, and told them he had sent orders to his envoy at the Hague, to continue the conferences with the courts of France and Spain. On the nineteenth day of April, the marquis de Torcy delivered to the earl of Manchester, at Paris, a letter from the new king of Spain to his Britannic majesty, notifying his accession to that throne, and expressing a desire of cultivating a mutual friendship with the king and crown of England. How averse soever William might have been to any correspondence of this sort, the earl of Rochester and the new ministers importuned him in such a manner to acknowledge Philip, that he at length complied with their entreaties, and wrote a civil answer to his most catholic majesty. This was a very alarming incident to the emperor, who was bent upon a war with the two crowns, and had determined to send prince Eugene with an army into Italy, to take possession of the duchy of Milan as a fief of the empire. The new pope Clement XI., who had succeeded to the papacy in the preceding year, was attached to the French interest; the Venetians favoured the emperor; but they refused to declare themselves at this juncture.

The French king consented to a renewal of the negotiations at the Hague; but in the meantime tampered with the Dutch deputies, to engage them in a separate treaty. Finding them determined to act in concert with the king of England, he protracted the conferences in order to gain time, while he erected fortifications and drew lines on the frontiers of Holland, divided the princes of the empire by his intrigues, and endeavoured to gain over the states of Italy. The Dutch meanwhile exerted themselves in providing for their own security. They reinforced their garrisons, purchased supplies, and solicited succours from foreign potentates. The states wrote a letter to king William, explaining the danger of their situation, professing the most inviolable attachment to the interest of England, and desiring that the stipulated number of troops should be sent immediately to their assistance. The three Scottish regiments which he had retained in his own pay, were immediately transported from Scotland. The letter of the states-general he communicated to the house of commons, who having taken it into consideration, resolved to assist his majesty to support his allies in maintaining the liberty of Europe; and to provide immediate succours for the states-general, according to the treaty of 1677. The house of peers, to whom the letter was also communicated, carried their zeal still farther. They presented an address, in which they desired his majesty would not only perform the articles of any former treaty with the states-general, but also engage with them in a strict league offensive and defensive, for their common preservation; and invite into it all the princes and states that were concerned in the present visible danger arising from the union of France and Spain. They exhorted him to enter into such alliances with the emperor as his majesty should think necessary, pursuant to the ends of the treaty concluded in the year 1689. They assured him of their hearty and sincere assistance, not doubting that Almighty God would protect his sacred person in so righteous a cause; and that the unanimity, wealth, and courage of his subjects would carry him with honour and success through all the difficulties of a just war. Lastly, they took leave humbly to represent, that the dangers to which his kingdom and allies had been exposed, were chiefly owing to the fatal counsels that prevented his majesty’s sooner meeting his people in parliament.

These proceedings of both houses could not but be very agreeable to the king, who expressed his satisfaction in his answer to each apart. They were the more remarkable, as at this very time considerable progress was made in a design to impeach the old ministry. This deviation therefore from the tenour of their former conduct, could be owing to no other motive than a sense of their own danger, and resentment against France, which, even during the negotiation, had been secretly employed in making preparations to surprise and distress the states-general. The commons having expressed their sentiments on this subject, resumed the consideration of the partition treaty. They had appointed a committee to examine the journals of the house of lords, and to report their proceedings in relation to the treaty of partition. When the report was made by sir Edward Seymour, the house resolved itself into a committee to consider the state of the nation; after warm debates they resolved, That William earl of Portland, by negotiating and concluding the treaty of partition, was guilty of a high crime and misdemeanor. They ordered sir John Leveson Gower to impeach him at the bar of the house of lords; and named a committee to prepare the articles of his impeachment. Then, in a conference with the lords, they desired to know the particulars of what had passed between the earl of Portland and secretary Vernon, in relation to the partition treaty, as also what other information they had obtained concerning negotiations or treaties of partition of the Spanish monarchy. The lords demurring to this demand, the lower house resolved to address the king, That copies of both treaties of partition, together with all the powers and instructions for negotiating those treaties, should be laid before them. The copies were accordingly produced, and the lords sent down to the commons two papers containing the powers granted to the earls of Portland and Jersey for signing both treaties of partition. The house afterwards ordered, That Mr. secretary Vernon should lay before them all the letters which had passed between the earl of Portland and him, in relation to those treaties; and he thought proper to obey their command. Nothing could be more scandalously partial than the conduct of the commons on this occasion. They resolved to screen the earl of Jersey, sir Joseph Williamson, and Mr. Vernon, who had been as deeply concerned as any others in that transaction; and pointed all their vengeance against the earls of Portland and Orford, and the lords Somers and Halifax. Some of the members even tampered with Kidd, who was now a prisoner in Newgate, to accuse lord Somers as having encouraged him in his piracy. He was brought to the bar of the house and examined; but he declared that he had never spoke to lord Somers; and that he had no order from those concerned in the ship, but that of pursuing his voyage against the pirates in Madagascar. Finding him unfit for their purpose, they left him to the course of law; and he was hanged with some of his accomplices.

{WILLIAM, 1688-1701.}

EARL OF ORFORD, &c, IMPEACHED.

Lord Somers, understanding that he was accused in the house of commons of having consented to the partition treaty, desired that he might be admitted and heard in his own defence. His request being granted, he told the house that when he received the king’s letter concerning 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 misdemeanor. 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 examined and passed; yet he was ready to waive 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 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 on the subject. This answer, like the others, would have been neglected by the commons, whose aim was now to evade the trials, had not the lords pressed them by messages to expedite the articles. They even appointed a day for Orford’s trial, and signified their resolution to the commons. These desired that a committee of both houses should be named for settling preliminaries, one of which was, That the lord to be tried should not sit as a peer; and the other imported, That those lords impeached for the same matter should not vote in the trial of each other. They likewise desired that lord Somers should be first tried. The lords made no objection to this last demand; but they rejected the proposal of a committee consisting of both houses, alleging that the commons were parties, and had no title to sit in equality with the judges, or to settle matters relating to the trial; that this was a demand contrary to the principles of law and rules of justice, and never practised in any court or nation. The lords, indeed, had yielded to this expedient in the popish plot, because it was a case of treason, in which the king’s life and safety of the kingdom were concerned, while the people were jealous of the court, and the whole nation was in a ferment; but at present the times were quiet, and the charge amounted to nothing more than misdemeanors; therefore the lords could not assent to such a proposal as was derogatory from their jurisdiction. Neither would they agree to the preliminaries; but on the twelfth day of June resolved, That no peer impeached for high crimes and misdemeanors should, upon his trial, be without the bar; and that no peer impeached could be precluded from voting on any occasion except in his own trial. Divers messages passed between the two houses,--the commons still insisting upon a committee to settle preliminaries; at length the dispute was brought to a free conference.

THE IMPEACHED LORDS ACQUITTED.