House of Lords Journal Volume 16
19 May 1701

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1767-1830

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'House of Lords Journal Volume 16: 19 May 1701', Journal of the House of Lords: volume 16: 1696-1701 (1767-1830), pp. 688-695. URL: http://british-history.ac.uk/report.aspx?compid=13899 Date accessed: 24 October 2014.


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DIE Lunæ, 19 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Londin.
Epus. Dunelm. & Crew.
Epus. Wigorn.
Epus. Sarum.
Epus. Bangor.
Epus. Petrib.
Epus. Gloucestr.
Epus. St. Asaph.
Epus. Lincoln.
Epus. Oxon.
Ds. Custos Magni Sigilli.
Comes Pembroke, Præses.
Dux Somerset.
Dux Ormonde.
Dux Bolton.
Dux Newcastle.
March. Normanby.
Comes Jersey, Camerarius.
Comes Oxford.
Comes Kent.
Comes Huntingdon.
Comes Suffolke.
Comes Northampton.
Comes Denbigh.
Comes Peterborow.
Comes Stamford.
Comes Winchilsca.
Comes Kingston.
Comes Carnarvon.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Bathe.
Comes Carlisle.
Comes Shaftsbury.
Comes Feversham.
Comes Maclesfeld.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Portland.
Comes Marlborough.
Comes Warrington.
Comes Bradford.
Comes Orford.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Ds. Bergevenny.
Ds. Dudley & Ward.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Vaughan.
Ds. Lucas.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley S.
Ds. Cornwallis.
Ds. Osborne.
Ds. Guilford.
Ds. Godolphin.
Ds. Jeffreys.
Ds. Weston.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

PRAYERS.

Message from H. C. to return Jermyn's Bill.

A Message was brought from the House of Commons, by Mr. Heysham and others:

To return the Bill, intituled, "An Act to enable Stephen Jermyn to make Provision for his Younger Children, and for the Advancement of his Eldest Son;" and to acquaint this House, that they have agreed to the same, without any Amendments.

E. of Maclesfield's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for vesting several Lands and Tenements, late the Estate of Charles Earl of Maclesfeld, deceased, in Charles now Earl of Maclesfeld and his Heirs, thereby to enable him to make Settlements thereof."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

D. Bolton.
March. Normanby.
Ds. Camerarius.
Comes Kent.
Comes Huntingdon.
Comes Suffolke.
Comes Stamford.
Comes Scarsdale.
Comes Sandwich.
Comes Feversham.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Marlborough.
Comes Warrington.
Comes Bradford.
Comes Rochford.
Viscount Townshend.
Viscount Weymouth.
Viscount Longueville.
Epus. London.
Epus. Wigorn.
Epus. Sarum.
Epus. Gloucestr.
Epus. Lincoln.
Epus. Oxon.
Ds. Lawarr.
Ds. Eure.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Culpeper.
Ds. Rockingham.
Ds. Berkeley.
Ds. Osborne.
Ds. Guilford.
Ds. Jeffreys.
Ds. Cholmondeley.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

Their Lordships, or any Five of them; to meet on Tuesday the Second Day of June next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

L. Kilmorey's Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to enable Lord Viscount Kilmorey, in the Kingdom of Ireland, (being an Infant) to settle divers Manors, Lands, and Hereditaments, in the Kingdom of England, upon a Treaty of Marriage."

ORDERED, That the Consideration of the said Bill be committed to the same Committee to whom the Earl of Maclesfeld's Bill is referred.

House to sit at 10 o'Clock.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That on such Days as Causes are appointed to be heard, or Counsel at the Bar upon other Business, this House shall sit at Ten a Clock, and then proceed on the said Hearings.

Privilege, Bill.

The House was adjourned during Pleasure, and put into a Committee on the Bill, intituled, "An Act for preventing any Inconveniencies that may happen by Privilege of Parliament."

And, after some Time, the House was resumed.

And the Lord Viscount Longueville reported, "That the Committee had gone through the Bill, with several Amendments and Clauses; and was ready to report the same."

ORDERED, That the Report be made To-morrow Morning.

Message from H. C. with Articles of Impeachment against Lord Somers.

A Message was brought from the House of Commons, by Mr. Harcourt and others:

With the Articles of Impeachment against John Lord Sommers; and to acquaint this House, "That the Matter of the Charge was contained in the Articles; and also, that he was commanded to pray and demand, that the Lord Sommers do give sufficient Security to abide the Judgement of the House of Lords."

The Articles were read, by the Clerk, as follow; (videlicet,)

"Articles of Impeachment against John Lord Sommers.

"Articles exhibited by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves and of all the Commons of England, against John Lord Sommers, Baron of Evesham, in Maintenance of their Impeachment against him for high Crimes and Misdemeanors.

"1. That a Treaty and Alliance, between Leopold the Emperor of Germany and The States Generall of the United Provinces, was made and concluded, in the Year of our LORD One Thousand Six Hundred Eightynine, upon their Consideration of the Greatness of the common Danger which then threatened all Christendom, from the excessive Power of France, and the unconstant Faith of the French in the Observance of Treaties; whereby it was agreed, that there should be, and remain for ever, a constant, perpetual, and inviolable Friendship and good Correspondence, between His Imperiall Majesty and The States Generall; that each of them should be obliged to promote the other's Interest, and, as much as in them lay, prevent all Damages and Inconveniencies to each other.

"That, during the Continuance of the War, there should be, not only a defensive, but also an offensive Alliance, between the said Parties; by Virtue whereof, they should both of them act in an hostile Manner, with all their Forces by Sea and Land, against the French King, and such of His Allies as should refuse to separate themselves from Him.

"That, after the War should be ended, and a Peace concluded, there should remain, between His Imperiall Majesty, His Heirs and Successors, and The States Generall, a perpetual defensive Alliance, against the Crown of France and its Adherents.

"That, if the Crown of France should again attack either of the said Confederate Parties, at what Time soever the same should be done, they should faithfully assist each other.

"That His Imperiall Majesty and The States Generall should at all Times, by all Means, with all their Forces, protect and defend all the Rights of each other, against the Crown of France and its Adherents.

"And other Provisions were thereby made for their mutual Security, as well during the Continuance of the War, as after the Conclusion of a Peace.

"That certain separate Articles were also at or about that Time made, whereby The States Generall maturely considering that France had openly declared in several Courts, that (notwithstanding the most solemn Renunciation) they continued their Pretensions, by Force of Arms, to assert for the Dauphin the Succession of the Spanish Monarchy, in case the King of Spain should die without Issue; and also considering what a Blow their State would receive, and what a Prejudice might happen thereby to the public Affairs and Quiet, did promise, that in case His said Catholic Majesty should die without lawful Issue, they would, with all their Forces, assist His said Imperiall Majesty, or His Heirs, in taking the Succession of the Spanish Monarchy, lawfully belonging to that House, together with its Kingdoms, Provinces, Dominions, and Rights; and in their obtaining and securing the quiet Possession thereof, against the French and their Adherents, who should directly or indirectly oppose that Succession, and with Force repel the Force that should be brought against them.

"That, at the Instance of The States Generall, in Pursuance of the said Treaty and separate Articles, our most Gracious Lord and Sovereign, His most Excellent Majesty King William the Third, was invited to enter into the Alliance of the aforesaid Treaty, and into the Agreement of the said separate Articles; and thereupon, for restoring and preserving the public Peace and Quiet, did afterwards, in the said Year of our LORD One Thousand Six Hundred Eighty-nine, enter into, and, under the Great Seal of England, accept, approve, and ratify, and in the most solemn Manner engage and promise religiously and inviolably to observe the same, without violating the said Treaty or separate Articles in any Article, or suffering the same to the utmost of his Power to be violated.

"That, in the Year of our LORD One Thousand Six Hundred Ninety-eight, a Treaty was projected, and contrived in France to be set on Foot, between His Majesty the French King and The States Generall, for a Partition of the Spanish Monarchy, whereby many large Territories thereunto belonging were to be allotted and delivered up to France.

"That the Tenor and Design of the said last mentioned Treaty, whilst the same was in Negotiation, was communicated to the said John Lord Sommers, then One of the Lords Justices of England, Lord Chancellor of England, and One of His Majesty's most Honourable Privy Council.

"That the said Lord Sommers, well knowing the most apparent evil Consequences, as well as the Injustice, of the said Partition, did not, according to the Trust and Duty of his said several Offices, dissuade or endeavour to obstruct its taking Effect; but, on the contrary, having neither Regard to His Majesty's Honour, engaged by the said Treaty with the Emperor and States Generall as aforesaid, to the Trade and known Interest of this Kingdom, or the Peace of Europe, did advise His Majesty to enter into the said Treaty; and did so far encourage and promote the same, that the said Treaty was concluded, and ratified under the Great Seal of England, then in the Custody of the said Lord Sommers; and thereby the Kingdoms of Naples and Sicily, the Places depending on the Monarchy of Spain, situate on the Coast of Tuscany or the adjacent Islands, comprehended under the Name of Santo Stephano, Porto Hercole, Orbitello, Telamone, Porto Longone, Piombino, the Town and Marquisate of Final, the Province of Guypuscoa, particularly the Towns of Fontarabia and St. Sebastian, situate in that Province, and especially The Port of the Passage, which is therein comprised, with several other Parts and Things of or belonging to the said Kingdom of Spain, were allotted to the Dauphin for his Share; and the Crown of Spain, and the other Kingdoms, Islands, States, Countries, and Places depending thereon (except such Part as aforesaid, which was thereby allotted to the Dauphin for his Share, and the Dutchy of Milan, herein after mentioned), was given and assigned to the Electoral Prince, Eldest Son to the Elector of Bavaria, for his Share, to enjoy the same, to him, his Heirs and Successors for ever, never to be molested therein, on any Pretence of Rights or Claims on the Part of the French King, or the Dauphin, or his Issue, Heirs or Successors; nor of the Part of the Emperor, the King of the Romans, the Arch-duke Charles his Second Son, and other Children, or his Heirs and Successors; and the Dutchy of Milan was thereby agreed to be given to the said Arch-duke for his Share, and in Extinction of all Pretensions and Rights, which the said Emperor, the King of the Romans, the said Arch-duke Charles, all his other Children, Successors and Heirs, might have to the said Succession of Spain: By which Treaty it was also further agreed, that, if any Prince whatsoever should oppose the taking Possession of the Shares thereby agreed on as aforesaid, His Majesty the French King and The States Generall should assist one another against such Opposition, and hinder the same with all their Power.

"That, by a secret Article of the said Treaty, in like Manner ratified under the Great Seal of England, it was provided, that, if the King of Spain should die without Issue, and the Electoral Prince of Bavaria should afterwards die without Issue, his Electoral Highness of Bavaria, his Father, should succeed him in all the Kingdoms, Islands, States, Countries, and Places, assigned to the Electoral Prince as aforesaid, and enjoy the same, to him, and his Children, Successors and Heirs, then born, or to be born, so as neither the Emperor, His Children, nor any other Person, should or might, under any Pretext, form the least Pretension to that Succession; His Majesty, the French King and States Generall thereby engaging themselves to employ all their Power, by Land and by Sea, for maintaining the Order established by the said secret Article, relating to the Succession of the Monarchy of Spain.

"That the said Treaty was ratified under the Great Seal of England (then in the Custody of the said Lord Sommers), as an Agreement between His Majesty, the French King, and States Generall, notwithstanding the said Lord Sommers well knew that the same had been concluded between His Majesty's Commissioners and the French Ambassador or the Commissioner of the French King only, and that the Purport thereof had never been communicated to The States Generall at the Time of the Ratification thereof under the Great Seal of England, notwithstanding the Negotiation thereof in Holland.

"2. That, for the more effectual carrying on the said Treaty, One or more Commission or Commissions was or were prepared, amended, enlarged, or altered, by the said Lord Sommers, without any lawful Warrant for his so doing; whereunto the said Lord Sommers, contrary to the Duty of the said several Offices, and in Violation of the great Trusts reposed in him, in or about the Month of September, One Thousand Six Hundred Ninety-eight, without communicating the same to the rest of the then Lords Justices of England, or advising in Council with His Majesty's Privy Council thereupon, did presume to affix the Great Seal of England.

"That no certain Persons of known Honour, Fidelity, and Experience, were therein nominated Commissioners at the Time of the affixing the Great Seal of England thereto; but a Blank, or empty Space, was left in the said Commission or Commissions, at the Time of the sealing thereof, wherein the Commissioners Names were to be afterwards inserted beyond the Seas: Notwithstanding which, an unlimited Power was thereby granted to the Commissioners, whose Names were therein afterwards to be inserted as aforesaid, or to either of them, without any written Instructions whatsoever, to restrain, guide, or direct them in the Exercise thereof, in His Majesty's Name, to confer and treat with the Commissioner or Deputy, or Commissioners or Deputies, of the French King, and also with the Commissioners or Deputies of The States Generall, for preserving the public Peace, and touching the Succession to the Crown of Spain; and His Majesty did thereby engage Himself to approve, ratify, and confirm, whatsoever should be thereupon concluded by them or either of them.

"3. That the said Lord Sommers, contrary to the Duty of his said Office of Lord Chancellor, did affix the Great Seal of England to the said Commission or Commissions, not having first received any lawful Warrant for that Purpose: In Hopes of concealing which evil and most dangerous Practice, the said Lord Sommers, after he had sealed the said Commission or Commissions, used his Endeavours to procure a Warrant to be transmitted to him for affixing the Great Seal to the said Commission or Commissions, and that it might not be known but that he had it in due Time.

"4. That the said Lord Sommers, contrary to the Duty of his said several Offices, affixed the Great Seal of England to the Ratification of the said Treaty made in the Year of our Lord One Thousand Six Hundred Ninety-eight, not having first communicated the same to the rest of the then Lords Justices of England, or advised in Council with His Majesty's Privy Council thereupon; and, at the Time of his affixing the Great Seal thereto, One entire blank Sheet and many other Blanks were left in the said Ratification, with an Intent to be afterwards filled up by other Persons beyond the Seas, as should be thought fit.

"5. That, in the Year of our Lord One Thousand Six Hundred Ninety-nine, another Treaty was entered into, in Pursuance of the said Treaty made in the Year One Thousand Six Hundred Ninety-eight, and concluded by and between His Majesty, the French King, and The States Generall, and also ratified under the Great Seal of England, then in the Custody of the said Lord Sommers, whereby the Kingdom of Spain (in case His Catholic Majesty should die without Issue) was agreed to be divided, and many large Territories thereof were allotted to the Dauphin for his Share; which Treaties were evidently destructive of the Trade of this Realm, dishonourable to His Majesty, highly injurious to the Interest of the Protestant Religion, and manifestly tended to disturb the general Peace of Europe, by altering the Balance of Power therein, and strengthening France against the good Friends and ancient Allies of our Sovereign Lord the King.

"6. That whereas, by the Laws and Usages of this Realm, all Commissions under the Great Seal of England, for the making any Treaties or Alliances with any Foreign Princes, States, or Potentates, and all Ratifications under the Great Seal of all such Treaties or Alliances, ought to be enrolled and entered of Record in the Court of Chancery, with or by the Prothonotary of the said Court, for a perpetual Memorial thereof; and that the Merchants and other Subjects of England, having Commerce or Correspondence in Foreign Parts, may not, through Ignorance of the same, incur the Pains and Penalties by the Law due to those who shall any Ways infringe, break, or act contrary to such Treaties; he the said Lord Sommers, not minding the Duty of his Office, did not in any Manner enrol or enter of Record, or cause to be enrolled or entered of Record, any of the said Commissions or Ratifications, in the foregoing Articles mentioned, as by the Duty of his Place he should and ought to have done; but so to do did totally neglect and omit, in Breach of his Duty, and in Violation of the Laws of this Realm.

"7. That the said Lord Sommers, when the Custody of the Great Seal of England was committed to him, did swear, well and truly to serve our Sovereign Lord the King, and His People, poor and rich, after the Laws and Usages of this Realm, and truly to counsel the King, and His Counsel to keep, and not to know nor suffer the Hurt or Disinheriting of the King, or that the Rights of the Crown should be decreased, as far forth as he might lett it; and if he could not lett it, that he would make it clearly and expressly to be known unto the King, with his true Advice and Counsel; and that he should do and purchase the King's Profit in all he reasonably might; or to that Effect: And the said Lord Sommers afterwards took the said Oath, as Lord Chancellor of England.

"That the said Lord Sommers, being Lord Keeper of the Great Seal, or Lord Chancellor of England, and One of His Majesty's most Honourable Privy Council, whilst this Nation was engaged in a tedious and most expensive War against the French King, for preserving the Balance and Liberties of Europe, and almost exhausted with Supplies and Taxes for carrying on the same, and under such heavy Debts, as, without the utmost Frugality, or laying insupportable Taxes on the Commons of England, were impossible to be satisfied, contrary to his said Oath, did pass many great, unreasonable, and exorbitant Grants, under the Great Seal of England, of divers Manors, Lordships, Lands, Tenements, Hereditaments, Revenues, and Interests, belonging to the Crown of England, amounting to a most prodigious and excesfive Value; and did advise, promote, and procure, divers great, unreasonable, and exorbitant Grants to be made, of several of the late forfeited Estates in Ireland, in Contempt of the Advice of His Majesty's most dutiful and loyal Subjects the Commons of England in Parliament assembled, and without any Regard to His Majesty's most gracious Assurance thereupon to both His Houses of Parliament; and engaged to procure, and accordingly did procure, divers Acts prepared for confirming the said Grants in Parliament in Ireland, to be approved in Council in England; and afterwards remitted the same, under the Great Seal of England, to be passed into Laws in Ireland.

"8. That the said Lord Sommers, during the Time of his being Lord Keeper of the Great Seal and Lord Chancellor of England, did not only receive and enjoy the Fees, Profits, and Perquisites, of or belonging to the Great Seal, established by Law as a sufficient and ample Recompense and Reward for the faithful Discharge of that high Station; but also, as a further Encouragement, through His Majesty's most abundant Grace and Bounty, received an Annual Pension or Allowance from the Crown of Four Thousand Pounds, and many other Profits and Advantages; notwithstanding which, the said Lord Sommers, not being contented therewith, contrary to his said Oath, begged and procured for his own Benefit many great, unreasonable, and exorbitant Grants, of several Manors, Lands, Tenements, Rents, Hereditaments, and Revenues, belonging to the Crown of England.

"That, in or about the Month of April One Thousand Six Hundred Ninety-seven, the said Lord Sommers, being then Lord Chancellor of England, and One of His Majesty's most Honourable Privy Council, contrary to his said Oath, did procure and pass a Grant, under the Great Seal of England, without any real Consideration whatsoever, to Joseph Jekyll Esquire, and his Heirs for ever, of the Manor or Manors of Rygate and Howleigh, with all and singular their Rights, Members, and Appurtenances, situate and being in the Parish of Rygate, or elsewhere, within the County of Surrey, and of all Quit Rents, Rents of Assize, Free Rents, Conventionary Rents, Copyhold and Customary Rents, and all other Rents whatsoever, to the said Manor or Manors belonging or appertaining, with the Scite of the ruined Castle, and of all other Demesne Lands of the said Manor or Manors, with the Rents reserved on any Leases then in being, of any Parts thereof, and of all other Lands, Meadows, Feedings, Pastures, Messuages, Houses, Edifices, Buildings, Barns, Stables, Dove-houses, Tolls of Markets or Fairs, with the Market-house there; and also of all Warrens, Chaces, Parks, Commons, Woods, Under-woods, Wood-lands, Waste Grounds, Courts-Leet, Courts-Baron, and other Courts, Services, Franchises, Herriots, Fines, Ifsues, Amerciaments, and all other Profits and Perquisites of the said Courts, Rights, Royalties, and Jurisdictions, and of divers other Matters, Hereditaments, and Appurtenances, to the said Manor or Manors, or either of them, or to the Royalties thereof, belonging, or in any Wise appertaining; which Premises were Parcel of the Demesnes and Revenues of the Crown, and of the Value of Twelve Thousand Pounds and upwards.

"That, under Pretence of purchasing divers Feefarm Rents, and other Rents, vested in Trustees, for Sale thereof, in Pursuance of several Acts of Parliament made in the Reign of His late Majesty King Charles the Second, the said Lord Sommers, in the Year of our Lord One Thousand Six Hundred Ninety and Seven, procured a Warrant from His Majesty, under His Sign Manual, to the Commissioners of the Treasury then being, to contract or give Warrant to the Trustees for Sale of Fee-farm Rents, to contract with Humphry Hetherington Esquire, or such as he should nominate, for as many Fee-farm and other Rents then remaining unsold (except such Rents as were set apart for payment of Pensions in the Pension-Deed,) as should amount unto Eight Hundred Pounds per Annum, at the Rate of Sixteen Years Purchase; and that, upon such Contract, the said Commissioners of the Treasury should give Warrant for conveying the said Rents to the said Humphrey Hetherington, or such as he should appoint, and his Heirs.

"That, under the like Pretence, and at or about the same Time, the said Lord Sommers procured another Warrant from His Majesty, under His Sign Manual, to the said Commissioners of the Treasury, to contract or give Warrant to the said Trustees, to contract with Richard Adney Esquire, or such as he should nominate, for as many Fee-farm and other Rents then remaining unsold (except as aforesaid) as should amount to Seven Hundred Pounds per Annum, at the Rate of Sixteen Years Purchase; and that, upon the said Contract, the said Commissioners should give Warrant for conveying the said Rents unto the said Richard Adney, or such as he should nominate, and his Heirs.

"That, under the like Pretence, and at or about the same Time, the said Lord Sommers procured another Warrant from His Majesty, under His Sign Manual, to the said Commissioners of the Treasury, to contract, or give Warrant to the said Trustees to contract, with Samuel Newton Esquire, or such as he should nominate, for as many Fee-farm and other Rents, then remaining unsold (except as aforesaid) as should amount unto Six Hundred Pounds per Annum, at the Rate of Sixteen Years Purchase; and that, upon such Contract, the said Commissioners should give Warrant for conveying the said Rents unto the said Samuel Newton, or such as he should nominate, and his Heirs.

"That, in Pursuance of Warrants of the said Commissioners of the Treasury thereupon, certain Contracts were made, or pretended to be made, with the said Humphrey Hetherington, Richard Adney, and Samuel Newton, for the real Sale of divers Fee-farm Rents, and other Rents, of the several and respective Yearly Values aforesaid; by virtue whereof, the said Humphrey Hetherington, Richard Adney, and Samuel Newton, became obliged to pay, into the Receipt of His Majesty's Exchequer at Westminster, for the Purchase of the several and respective Rents to them respectively to be conveyed as aforesaid, the Sums herein after mentioned; (that is to say,) the said Humphry Hetherington Twelve Thousand Eight Hundred Pounds, the said Richard Adney Eleven Thousand Two Hundred Pounds, and the said Samuel Newton Nine Thousand Six Hundred Pounds.

"That, in Pursuance of such Contracts, or pretended Contracts, through the Power of the said Lord Sommers, and by his Means and Procurement, divers Fee-farm Rents, and other Rents, were, by certain Indentures Tripartite of Bargain and Sale, bearing Date on or about the Sixth Day of January One Thousand Six Hundred Ninety-seven, in Consideration of Three Thousand Two Hundred Pounds therein mentioned to have been paid by the said Humphry Hetherington unto His Majesty, at the Receipt of His Exchequer at Westminster, or by other Assurance in the Law, granted and conveyed by the said Trustees, by the Appointment of the said Humphry Hetherington, to Leonard Hancock, of Cheshunt, in the County of Hertford, Esquire, and John Warner, of the Parish of St. Clement's Danes, in the County of Middlesex, Goldsmith, and their Heirs.

"And, by other Indentures of Bargain and Sale, of the same Date, or other Assurance in the Law, divers other Fee-farm Rents, and other Rents therein mentioned, in Consideration of Nine Thousand Six Hundred Pounds therein mentioned to have been paid by the said Humphrey Hetherington to His Majesty, at the Receipt of His Exchequer at Westminster (being the Residue of the said Sum of Twelve Thousand Eight Hundred Pounds), were, by the said Trustees, granted and conveyed to the said Humphry Hetherington and his Heirs; which Fee-farm and other Rents, so conveyed unto or by the Appointment of the said Humphry Hetherington, amount to the full Yearly Value of Eight Hundred Pounds.

"And, by other Indentures of Bargain and Sale of the same Date, or other Assurance in the Law, and in Consideration of Two Thousand Four Hundred Pounds, therein mentioned to have been paid by the said Richard Adny unto His Majesty, at the Receipt of His Exchequer at Westm'r, other Fee-farm Rents, and other Rents, were, by the Appointment of the said Richard Adny, granted and conveyed, by the said Trustees, to the said Leonard Hancock and John Warner, and their Heirs.

"And, by other Indentures of Bargain and Sale, of the same Date, or other Assurance in the Law, in Consideration of Eight Thousand Eight Hundred Pounds, in the same Indentures mentioned to have been paid by the said Richard Adny to His Majesty, at the Receipt of His Exchequer at Westm'r, (being the Residue of the said Sum of Eleven Thousand Two Hundred Pounds), divers other Fee-farm Rents, and other Rents therein mentioned, were granted and conveyed, by the said Trustees, to the said Richard Adny and his Heirs; which Fee-farm and other Rents, so conveyed to or by the Appointment of the said Richard Adny, amount to the full Yearly Value of Seven Hundred Pounds per Annum.

"And, by other Indentures of Bargain and Sale, bearing Date on or about the Five and Twentieth Day of April One Thousand Six Hundred NinetyEight, or other Assurance in the Law, in Consideration of Two Thousand Four Hundred Pounds therein mentioned to have been paid by the said Samuel Newton to His Majesty, at the Receipt of His Exchequer at Westminster, other Fee-farm Rents, and other Rents therein mentioned, were, by the Appointment of the said Samuel Newton, granted and conveyed, by the said Trustees, to the said Leonard Hancock and John Warner, and their Heirs.

"And, by other Indentures of Bargain and Sale, of the same Date, or other Assurance in Law, in Consideration of Seven Thousand Two Hundred Pounds therein mentioned to have been paid by the said Samuel Newton to His Majesty, at the Receipt of His Exchequer at Westminster (being the Residue of the said Sum of Nine Thousand Six Hundred Pounds), divers other Fee-farm Rents, and other Rents therein mentioned, were granted and conveyed, by the said Trustees, to the said Samuel Newton and his Heirs; which said several Rents, so conveyed unto or by the Appointment of the said Samuel Newton, amount to the Yearly Value of Six Hundred Pounds.

"That the said several Manors and Rents aforesaid were granted to the said Joseph Jekyll, Humphry Hetherington, Richard Adny, and Samuel Newton, and their Heirs respectively, as aforesaid, in Trust only for the said Lord Sommers and his Heirs.

"9. That the said Lord Sommers, in order to procure a Grant of the said Fee-farm Rents for his own Benefit, whilst he was Lord Chancellor of England, and One of His Majesty's most Honourable Privy Council, whilst His Majesty was engaged in the said War, and the Nation under such heavy Debts as aforesaid, did enter into several Treaties, and had many Communications, with divers Persons intrusted with the Care and Management of the said Fee-farm Rents; and particularly with Reginald Marriott, of the Parish of St. Clement Danes, in the County of Middl'x, Auditor of the Rates, or acting as Auditor; and with John Digby, of the Parish of St. Bride's, London, Clerk of the Trustees for Sale of the said Feefarm Rents, and other evil-disposed Persons; and for encouraging the said Marriott, Digby, and others, to discover to him such particular Fee-farm and other Rents as then remained undisposed of, to the Intent the said Lord Sommers might beg the same, he the said Lord Sommers contracted and agreed with the said Marriott, to give the said Marriott, for himself and his Accomplices, as a Reward for the said Discovery, One full Fourth Part of all such Rents so discovered, whereof the said Lord Sommers should procure a Grant from the Crown; and accordingly the said several Grants from the said Trustees to the said Hancock and Warner, being together of the Yearly Value of Five Hundred Pounds per Annum and upwards, were so made, by the Direction of the said Lord Sommers, in Trust for the said Marriott, Digby, or others.

"10. That, notwithstanding the said pretended Contracts and Payments, there was not any Sum of Money whatsoever really and bona fide paid, as the Consideration of the Conveyances of the said Rents from the said Trustees; but such Contracts and Payments of the said several Considerations (amounting in the whole to Thirty-three Thousand and Six Hundred Pounds) were colourably and fraudulently contrived and made, by the Direction of the said Lord Sommers, contrary to his said Oath, in Deceit of His Majesty, and Elusion of the said Acts of Parliament.

"11. That many Quit Rents and Copyhold Rents, standing in Charge as Parcel of, or belonging to, several Manors or reputed Manors, Rents reserved upon Leases or Estates, the Reversion whereof was in His said Majesty King Charles the Second, at the making the said Acts, Rents conveyed before in Lease, or granted to other Persons, Rents appropriated by, or in Pursuance of, Act or Acts of Parliament for Payment of Pensions, Stipends, Salaries, Annuities, Alms, and Allowances for the Maintenance of Grammar Schools or Scholars, or for or towards the Reparation of Churches, Chapels, Highways, Causeys, Bridges, Schools, Alms-houses, Castles, or other Uses, and many Quit Rents of Manors, and other Rents, by Act of Parliament united and annexed to the Castle of Windsor, with Intent to support and maintain the Yearly Reparations and Charges of the said Castle, and discharge and pay the Fees and Wages of the Officers, Servants, and Attendants in the same Castle, and the Forests, Chases, and Parks to the same belonging, and for many Years applied according to the Intention of the said Act, and also many Quit Rents of or belonging to divers ancient Manors, heretofore and yet Parcel of the Demesnes or Possessions of the Crown, as if the same had been entire Fee-farm Rents, issuing out of those Manors, were, by the aforesaid several Indentures of Bargain and Sale, through the Direction and Power of the said Lord Sommers, conveyed, by the said Trustees for Sale of Fee-farm Rents, to the said Humphry Hetherington, Richard Adny, and Samuel Newton, and to the said Hancock and Warner, and their Heirs, or unto some of them, contrary to the true Intent and Meaning of the said Acts of Parliament, to the great Vexation and Oppression of many of His Majesty's good Subjects, and creating many new and unreasonable Charges on other Revenues of the Crown.

"12. That, by the Direction of the said Lord Sommers, the said Humphry Hetherington, Richard Adny, Samuel Newton, Leonard Hancock, and John Warner, surrendered several of the said Rents to them granted as aforesaid, amounting to the Yearly Value of Three Hundred Forty-seven Pounds Eleven Shillings, and Five Pence Farthing, on Suggestion that the same were either conveyed before in Lease, set apart for Payment of Pensions, old Supers, bad or illeviable, or Part thereof bad or illeviable, or wrong conveyed; and the said Lord Sommers, in the Year of our LORD One Thousand Six Hundred Ninety-nine, being then Lord Chancellor of England, and One of His Majesty's most Honourable Privy Council, in Breach of his Duty, and contrary to the Laws and Statutes of this Realm, procured other Rents, of the Yearly Value of Three Hundred Ninety-one Pounds ThreePence Halfpenny, to be allowed by Way of Reprize, and to be conveyed to the said Richard Adny and his Heirs, in Trust for the said Lord Sommers and his Heirs, as if the said Yearly Rents of Three Hundred Forty-seven Pounds, Eleven Shillings, and Five Pence Farthing, so surrendered, had been really and bona fide purchased, in Pursuance of the said Acts for Sale of Fee-farm Rents.

"13. That, in the Year of our LORD One Thousand Six Hundred Ninety-five, the said Lord Sommers, being then Lord Keeper of the Great Seal of England, and also One of His Majesty's most Honourable Privy Council, together with Edw'd Earl of Orford, then First Commissioner for executing the Office of Lord High Admiral of England, and Commander in Chief of His Majesty's Navy Royal, and One of His Majesty's most Honourable Privy Council, Richard Earl of Bellamont in the Kingdom of Ireland, Governor of New-York and New-England, and others, then in high Stations, and in great Power and Authority, procured a Commission to be granted unto one William Kidd, a Person of evil Fame and Reputation, and since that Time convicted of Piracy, to apprehend, and take into his Custody, divers Persons therein named, and all such Pirates as the said Kidd should meet with upon the Coasts or Seas of America, or in any other Seas or Parts, with their Ships and Vessels, and also such Merchandises, Goods, and Wares, as should be found on board or with them; and afterwards the said Lord Sommers, in the Year of our LORD One Thousand Six Hundred Ninety-seven, with the Assistance of the said Earl of Orford, and other Persons aforesaid, procured a Grant from His Majesty, and the said Lord Sommers passed the same under the Great Seal of England, whereby all and whatsoever Ships, Vessels, Goods, Merchandises, Treasure, and other Things whatsoever, which, since the Thirtieth Day of April One Thousand Six Hundred Ninety-Six, had been taken or seized upon or with, or did belong to, or which should be taken or seized upon or with, or did or should belong to, Thomas Too, John Ireland, Thomas Wake, and William Maze (in the said Letters Patents mentioned to have been complained of, informed against, for committing many Robberies, Piracies, and Depredations upon the Seas in the Parts of America, and other Places, but never convicted or attainted for the same); or which, since the said Thirtieth Day of April One Thousand Six Hundred Ninety-Six, had been taken or seized upon, or which did or should belong to, any of the Adherents of the said Thomas Too, John Ireland, Thomas Wake, and William Maze, or any other Pirates, Free-booters, and Sea-rovers, by the said William Kidd, or other Commander of The Adventure Galley, or which by or by Means of the said Ship or Galley should be taken or forced on Shore in any of His Majesty's Plantations of America, were granted unto the said Richard Earl of Bellamont, and unto Edmund Harrison Merchant, Samuel Newton Gentleman, William Rowley Gentleman, George Watson Gentleman, and Thomas Reynolds of St. Martin's , their Executors, Administrators, and Assigns, to their own sole Use and Benefit, and as their own proper Goods and Chattels, without any Account thereof or therefore to be made: In which Grant, the Name of the said Samuel Newton was used in Trust, and for the only Benefit and Advantage of the said Lord Sommers; which said Grant under the Great Seal of England manifestly tended to the Obstruction and Discouragement of Trade and Navigation, the great Loss and Prejudice of Merchants and others, being His Majesty's Subjects; or Subjects of the Friends and Allies of His Majesty, and the Dishonour of the King and Kingdom; and the said Lord Sommers was, by procuring and passing the said Grant, guilty of a notorious Breach of his Duty.

"14. And the said John Lord Sommers, to the great Oppression of the Subject, and contrary to Magna Charta and divers good Statutes of this Realm, and in manifest Breach and Violation of his Oath as Lord High Chancellor of England, hath, in several Causes depending before him, by many extraordinary Methods and unwarrantable Practices, for several Years delayed Proceedings in the said Causes; and, by Colour of his Office, hath made divers arbitrary and illegal Orders, in Subversion of the Laws and Statutes of this Realm; and hath, of his own Authority, reversed Judgements given in the Court of Exchequer, and without calling before him the Barons of the Exchequer, to hear their Informations, and the Causes of their Judgements, as the Statute in those Cases expressly directs, assuming thereby to himself an arbitrary and illegal Power; and hath declared and affirmed, in public Places of Judicature, "That particular Subjects might have Rights and Interests, without any Remedy for Recovery of the same, unless by Petition to the Person of the King only, or to that Effect;" which Position was highly dangerous to the legal Constitution of this Kingdom, and absolutely destructive to the Property of the Subject.

"And the said Knights, Citizens, and Burgesses, by Protestation, saving to themselves the Liberty of exhibiting at any Time hereafter any further Articles, or other Accusation or Impeachment, against the said Lord Sommers; as also of replying to his Answers which he shall make unto the said Articles, or any of them, and of offering Proofs to all and every the aforesaid Articles, and to all and every other Articles, Impeachment, or Accusation, which shall be exhibited by them, as the Cause shall, according to the Course of Parliament, require; do pray, that the said John Lord Sommers may be put to answer the said Crimes and Misdemeanors; and that such Proceedings, Examinations, Trials, and Judgements, may be thereupon had and given, as is agreeable to Law and Justice."

Lord Sommers to have a Copy of Articles.

After reading this Day the Articles of Impeachment brought up from the House of Commons against John Lord Sommers; and hearing his Lordship thereupon; who desired a Copy of the said Articles, and said, "He would put in his Answer so soon as possibly he could:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Sommers may have a Copy of the Articles against him.

Warner versus Deale fresh Water Bill.

Upon reading the Petition of William Warner Gentleman; shewing, "That To-morrow is appointed to hear Counsel for him, against the Bill, intituled, An Act for furnishing the Town of New Deale with fresh Water; but in regard Mr. Thomas Tuttle Engineer, and One of the Petitioner's Witnesses, is out of Town; and praying, that a further Day may be appointed for hearing thereof:"

It is ORDERED, That the hearing thereof shall be, and is hereby, put off until Wednesday next, at Ten a Clock in the Forenoon.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, (videlicet,) vicesimum diem instantis Maii, hora decima Auroræ, Dominis sic decernentibus.