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,)
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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.