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cessary to unite in the strictest manner that vindicating the honour of the crown, and was possible; and, to that ond, a defensive • to prevent the mischiefs which all Europe treaty and alliance was concluded and entered were threatened with, to declare war against into between them, in or about November, 1701, France and Spain,' did accordingly, in the wherein amongst other things, it was further month of May, 1702, in the most public and agreed, “That by the alliance with the en- solemn manner proclaim the same; 'as bis

peror, made in September then last, particular imperial majesty and the States General did care being taken for the recovery of the likewise do, in or about the said month of May, Spanish Low Countries out of the hands of in pursuance of the beforementioned Treaties

. the most Christian king, the said confederates And whereas many kings, prioces, and states expressly engaged to aid one another with of Europe, being invited by the said grand

all their forces for the recovery of the same; alliance, and relying on the faith thereof, did . and in regard the principal interest of the afterwards become parties to the said confe

said confederates consisted in the preserva- derate war against France and Spain ; and, in . tion of the liberties of Europe, that the be the Treaty entered into io or about the month of • forementioned treaty with the emperor shall May, 1703, between bis imperial majesty, the • be faithfully and sincerely executed, and both queen of Great Britain, the States General

, • sides shall guarantee the same, and use their and the king of Portugal, it was, amongst • endeavours, to confirm and render it more other things, expressly stipulated, “That no strong from time to time: that, in making peace nor truce sball be made, but by tbemupeace, particular care shall be taken of the • tual consent of all the confederates; por commerce apd traffic of both nations, and shall any at any time be made, whilst the • also for their security as well in regard to the second grand-son of the most Christian king, * Low Countries as the countries adjacent: by the dauphin or any other prince of the • that, when the war is begun, the confederates • line of France, continued in Spain.' And

shall act in concert, according to the seventh whereas, to give the greatest strength that . and eighth Articles of the Treaty of the 3rd was possible to the union so necessary to both of March, 1667-8, between England and nations, her late majesty and the States, by : • Holland, which was thereby renewed and treaty in the month of June, 1703, renewed and confirmed; and no peace nor truce, or sus

confirmed all treaties and alliapces then subpension of arms, shall be negociated or made, sisting between them; and, to the end a just • bat according to the ninth and tenth Articles and reasonable peace might the better be obof that Treaty ; by which it was agreed, tained, that might establish the repose and tranthat, when the two allies came once to an quillity of Europe, it was agreed, that neither open war, it shall be lawful for neither of of the said allies should make a suspension of them afterwards to come to any cessation of arms or a peace with France or Spain, but in arms with him who shall be declared and conjunction and by common consent. And proclaimed an enemy, without it be done whereas the said war was for several years conjointly and with common consent ; that carried on with vigour and unanimity, at a no negociation of peace shall be set on foot vast expence of blood and treasure : for the by one of the allies, without the concurrence support of which, on the part of Great Britain, of the other ; that each ally shall continually, many millions were granted by parliament, whe, * and from time to time, impart to the other on many occasions, expressed their sense of

every thing that shall pass in the said nego- the justice of it, and frequently gave their ciation; and shall stipulate with the common bumble advice to the throne, "That no peace enemy for the same rights, immunities, ex- 'could be safe, hodvurable, or lasting, so long emptions, and prerogatives, for his ally, as he as Spain and the West Indies continued in should do for himself, if so be the said allies any branch of the House of Bourbon.' Aud do not agree to the contrary.' And whereas whereas the just cause of her majesty and ber the French king, having got possession of a allies, in defence of the common liberty, and in great part of the Spanish dominions, exercised vindication of the honour of the crown of Great an absolute authority over that monarchy, Britain, was favoured by the Divine Providence having seized Milan" and the Spanish Low with unparalleled successes and signal victories, Countries by his armies, and made himself whereby, as well as by the wisdom and unanimaster of Cadiz and of the entrance into the mity of their councils, the reputation of the Mediterranean, and of the ports of the Spanish confederate arms was highly advanced, and West Indies, by his fleets, every_where de. Great Britain was esteemed the guardian of signing to invade the liberties of Europe, and the liberties of Europe. And wbereas, from to obstruct the freedom of navigation and com- the prosperous condition of the affairs of the merce; and, instead of giving the satisfaction allies, nothing remained, in all human apthat was justly expected, had proceeded to pearance, but that they should reap the fruits further violences and indignities; and, having of all their victories, in a speedy, just, hoivfluenced Spain to acknowledge the Pre- nourable, and lasting peace; and on the other tender, and thereby to concur with bim in the band nothing was left to raise the hopes of the said affront; her late sacud majesty queen enemy, whereby to defeat that happy prospect, Anne, taking notice, “that she found herself but his secret endeavours to disunite the con obliged, for maintaining the public faith, for federacy. And whereas divers evil-minded

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for High Trcason.

persons, enemies to the true interests of their • might bave no hold to break in upon them;
own country as well as to the common liber- but, on the contrary, whenever they meet the
ties and welfare of Europe, having, by many

• enemies' ministers in the Congress, every wicked aris and base iusipuations, obtained opinion that is delivered, and every instance access to her late majesty queen Anne, and that is made, may be backed by the concurbeing admitted into her councils and into places rent force of the whole confederacy: tbat if of the highest trust, and having formed a • it should be thought proper to begin by the wicked and treacherous correspondence with l • disposition of the Spanish monarchy, they the emissaries of France, and set on foot a were to ipsist, that the security and reasonable private and destructive negociation of peace, • satisfaction, wbich the allies expected, and thereby intending to weaken and dissolve the which his most Christian majesty had procoofederacy, which had so long and happily mised, could not be obtained, if Spain and subsisted, between her majesty and her good the West Indies be allotted to any branch of and faithful allies, to the honour and safety of the House of Bourbon.' Notwithstandiog all tbe pation; had prevailed upon her said late which premises ; majesty, for that purpose, to declare her reso.

ARTICLE I. Jution of entering into a Treaty of Peace with the common enemy, against the consent and “ He, the said Thomas earl of Strafford, being opinion of all ber majesty's allies; and also to of ber majesty's privy council, and ber ambasappoint John then lord bishop of Bristol, and sador extraordinary to the States General, and Thomas earl of Strafford her plenipotentiaries, appointed one of her plenipotentiaries to treat to transact the same at Utrecht. And whereas with the ministers of France, of a good and her sacred majesty, in pursuance of the trea, general peace, in concert with the ministers of ties she stood engaged in, and of her declara: her majesty's allies, who for that purpose were tion in the month of April, 1711, to the Grand assembled at Utrecht, with those of France, Pensionary and the other ministers of Holland, with full powers to transact the same: baving being still determined, in making peace as in po regard to the true ends of his said commismaking war, to act in perfect concert with her sions and powers, to the honour or safety of allies, and, in conjunction with them, to de- her majesty or her kingdoms, to the many somand and procure from France a just satis- lemn engagements she was under to the old and faction for all their pretensions, according to, faithful allies of this pation, or to the common and in performance of, the many solemu trea- liberties of Europe ; but being devoted to the ties and alliances then subsisting between her interest and service of the French king, the majesty and them, did, in pursuance thereof, then common enemy, in defiance of the tenor by her instructions under the sign manual, of the several treaties before-mentioned, or dated the 21st of October, 1711, to him the some of them, as well as of the frequent advices said Thomas earl of Strafford, her ambassador of parliament, and the many declarations of extraordinary and plenipotentiary to the States her majesty from the throne; but more parGeneral, direct him, 'hat, during the course ticularly in defiance of the solemn and mutual

of the then intended negociation of peace, it assurances wbich had been so lately renewed * must be the most careful endeavour and the between her majesty and the States-General, • fixed principle of all the confederates, to hold to act in perfect concert with each otber, in • fast together, in order to obtain from the making peace as in making war, and of the enemy the utmost which could be hoped for in several jostructions from her majesty under the

the present circumstances of affairs; and that sign manual to bim the said Earl in pursuance • he might assure the confederates, that her ma- thereof; was not only wanting in his duty and * jesty on her part would firmly adhere to that trust to her majesty, by not advising against, role; and that she was so far from making and as far as was in his power, by not opposing,

peace without the concurrence of the States the going into any private separate negociation • General, that she bad declared her firm reso- with France; but, on the contrary, wben a se• lution, not to make it without their satisfac- parate, dishonourable, and destrnctive pegucia. tion; And also by her instructions under the tion of peace was entered into, between the sigo manual to the said then bishop of Bristol, ipinisters of Great Britain and France, without and him the said Thomas earl of Strafford, her any communication thereof to her majesty's plenipotentiaries, to treat of a good and general allies, according to the several treaties; he ihe peace, her said majesty, amongst other things, said Earl did not only take upon himself, and. did direct them, ' Upon their arrival at Utrecht, presume from time to time, to advise and ex• to concert with the ministers of the allies, in hort that the same should be continued and

what manner it might be most proper to open carried ; but did likewise frequently concert • the conferences, and what method to observe private and separate measures with the minis-• in the progress of the treaty; upon that and ters of France, in order to impose upon and de • all otber occasions, earnestly to represent to ceive her majesty's good subjects and ber allies,

those ministers the great importance of ap- and was instrumental in promoting the said se* pearing united ; and, for that reason, to re- parate negociation, exclusive of all the allies, • commend to them, that, if any difference or and to their manifest prejudice aud detriment. • dispute should arise, the same should be ac- And further be the said Earl, when the minis

commodated amongst themselves, that France ters of France, at Utrecht, refused to answer iz

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writing, and on many other oceasions, pro- | earnest representations, of all her allies; for the ceeded in a fallacious and unjustifiable manner, execution of which, he the said Earl was sent in transacting, the negociations of peace; was over to the army in the Netberlands, where not only wanting in his duty, in not represent the generals* of the auxiliaries paid by her maing to her majesty and her ministers against jesty, whose honour and consciences would not the same, and in not supporting in the manner permit them to abandon the confederates, and he ought to have done, her majesty's good allies leave them as a sacrifice to France, refused to in their reasonable demands from France; but, withdraw with the duke of Ormond, without on the contrary, commended the French u particular orders from their respective masters; dence in taking such measures, and even sug- which proceedings of the confederate generals gested himself the methods for France to make being wickedly represented by the said evil use of, to create dissentions amongst the allies, counsellors, in conjunction with the ministers and separate negociations between each of the and emissaries of France, as an indignity of. allies and France, thereby to dissolve the whole fered to her sacred majesty; be the said Thomas confederacy. By which wicked and treache- earl of Strafford, to create uneasiness and disrous practices, he the said Earl prostituted the sension betweeen her late majesty, apd his then honour of her majesty and the imperial crown electoral bighness, did, by his letter, on or about of these realms, and grossly violated his powers the 17th of July, 1712, to her majesty's then and instructions, the many treaties which her secretaary of state, maliciously and wickedly majesty then stood engaged in to her allies, and suggest and affirm, that the said separation the repeated assurances which the said Earl had, of the confederate generals from the duke of by her majesty's order and in her name, given Ormond ought to be imputed to his said elec to the said allies, to act in perfect concert with toral highness.' And further, he the said Earl

, them throughout the whole negociations of by frequently affirming, and sometimes in the peace: thereby rendering the design of tbe most solemn manner, to the ministers of his said confederacy, and the mutual support expected electoral highness as well as others, the most from the same, altogether useless, and giving up notorious and manifest untruths, contrary to the affairs of Europe into the bands of France. the intentions and interests of her majesty, and ARTICLE II.

vainly intending thereby to deceive and impose

upon bis said electoral Highness and the rest of “ Whereas the maintaining a perfect union her majesty's good and faithful allies in matters and good correspondence between her late of the higbest importance; and particularly, by

, majesty and the illustrious House of Hanover solemnly affirming, on or about the 16th of was of the utmost importance, for preserving to July, 1712, to Monsieur Buleau, general of these kingdoms the invaluable blessings of their the Hanover forces, and the rest of ibe confereligion and civil liberties, by securing the suca derate generals, that her majesty bad made cession to the crown, to a race of Protestant no truce with France ;' whereas be the said princes, ever renowned for their great justice Earl then well knew the same was made and and clemency, and thereby defeating the trai. concluded several weeks before ; did thereby, torous designs of the Pretender ; and, for that as well as by all the before mentioned proceedpurpose, the great wisdom of divers parliaments, ings, not only prostitute and dishonour the which had fixed and confirmed the said succes- high characters he was then invested with, bat, sion, had also laid the obligation of an oath upon as far as in him lay, did dissolve the mutual the subjects of these realnas, to support and main confidence and good understanding so neces. tain the same to the utmost of their power: he sary to be maintained between her said late the said Thomas earl of Strafford, not regard- majesty and the illustrious House of Hanover

, ing the many ill consequences to her majesty for the safety and prosperity of Great Britain, and these kingdoms, wbich would naturally and the common liberty of Europe. ensue from a disunion or coolness of affection between princes so nearly allied in blood and

ARTICLE III. interest, instead of doing what in him lay to “ Whereas, in the pernicious negociations of prevent the same, did, on the contrary, in bis peace carried on by him the said Earl and other letters from Holland to her majesty's ministers evil counsellors with the ministers of France, of state in Great Britain, by divers false repre- the French king had proposed to acknowledge sentations and scurrilous reflections upon his her majesty's title to the crown of these realms, present most gracious majesty, then elector of and the Protestant Succession in the illustrious Hanover, endeavour to alienate her majesty's House of Hanover, when the peace should be affections from his said electoral highness, and signed between Great Britain and France, and to create or widen fatal differences or misun

not before : whereupon the House of Lords, by derstandings between them: and when, by the an humble Address to her majesty, on the 15th wicked and pernicious advice of bim the said of February, 1711,

begged leave to represent Thomas earl of Strafford and divers other evil their just indignation at that dishonourable counsellors, her late majesty was at last pre- treatment of her majesty ; as also their utmost Vailed upon to make a fatal cessation of arms resentment at the terms of peace offered to be with the then common enemy, without any majesty and her allies by the plenipotentiaries copcert with his said electoral bigbness, and against the consent, and contrary to the most

* Origin. General

of France; for which addresses her majesty , in direct violation of her majesty's instructions,
was pleased to return them her hearty thanks, of the 23rd of December, 1711, in pursuance
for the real they had therein expressed for her thereof; wherehy he the said Earl was ex-
honour; be the said Earl was not only wanting pressly commanded, • To insist in the confe-
in his duty to her majesty, and zeal for the rences of peace, with the winisters of France,
Protestant Succession, in not advising her ma- that the security and reasonable satisfaction
jesty against treating with France upon such which the allies expected, and which his most
dishonourable terms; but did himself, with • Christian majesty had promised to grant,
other evil counsellors, privately, wickedly, and could not be obtained if Spain and the West
treacherously, concert and agree with the minis-Indies be allotted to any branch of that House :'
ters of France, that the said proposals, so de- did not only presume to treat about the
rogatory to the dignity of her majesty, and peace with the ininisters of France, without
dangerous to these kingdoms, should be the insisting, as he ought to have done, that Spain
conditions upon which France would agree to and the West Indies should not be allotted to
treat of a peace with Great Britain. And further, the said. House of Bourbon; but also, when
betbe said Earl, in contempt and defiance of the the ministers of bis imperial majesty and of the
judgment of the House of Peers, wbich had re- king of Portugal, in conformity to the mutual
ceived her majesty's gracious approbation, and obligations and treaties between her majesty
acting the part of an emissary of France, in- and them and with each other, demanded of
stead of a plenipotentiary of Great Britain, be- France,. That Spain and the West Indies
ing thereunto encouraged, and founding bis pre should be restored to the flouse of Austria ;'
sumption on a letter 10 the then said bishop of and requested him the said Earl,' to join with
Bristol and him the said Earl, from Henry St. them, to strengthen that demand,' did decline
Jobo, esq. then principal secretary of state, on and refuse to do the same; by which perfidi-
the 16th of February, 1711, the next day after ous and unwarrantable practices of him the said
the said Address of the House of Peers was Tbomas earl of Strafford, incurable jealousies
made, and informing them of the indignation and discords were created between her ma-
expressed in Great Britain at the offers of jesty and her allies; that mutual confidence,
France, but that by the management of master wbich had so long and so successfully been
Thomas Harley (then secretary of the trea- cultivated between them, and which was so
sury) the House of Commons was perfectly necessary for their common safety, was abso-
and absolutely, secured to the measures of lutely dissolved, the just balance of power in
peace; did wickedly, deceitfully and perfi- Europe was wickedly betrayed; and apparent
diously, concert and agree with the ministers advantages were given to the common enemy,
of France, at Utrecht, that the said French to impose what terms of peace he should think
ministers should write a collusive letter to him fit upon her inajesty and the whole confede-
the said Earl and the then said bishop of Bris- racy.
tol, wherein her majesty should be stiled queen

ARTICLE V.
of Great Britain ; which letter was not to be
made any use of at Utrecht, or taken as an ac- “Whereas her late majesty, on the 7th of
knowledgment by France of ber majesty's title December, 1711, baving earnestly recommend.
to the crowo: but it was agreed to be trans- ed from the throne, " That provision might be
initted to Great Britain, thereby to deceive and made for an early campaign, in order to carry
impose upon ber majesty and the parliament, on the war with vigour, and as the best way
as if France bad then actually ackpowledged to render the Treaty of Peace effectual; and
the same: which said letter was accordingly accordingly supplies were granted, and maga-
written by the ministers of France, and trans- zines provided at a great expence; and in pure
mitted to Great Britain by him the said Earl ; suance thereof, her majesty having given early
whereby her majesty, the parliament, and the assurances to ber allies of her sincere inten-
whole nation were most grossly and scanda- tions, and likewise expressly instructed her
lously abused, and drawn in to the said de- general the duke of Ormond, not only to renew
structive measures of peace, to the great dis- the same assurances, and declare her resolution
honour of her majesty and these kingdoins, and of pashing on the war with the utmost vigour,
to the apparent danger of the Protestant Suc- but to concert with the generals of the allies
cession.

the proper measures for entering upon action ; ARTICLE IV.

wbich assurances were accordingly given by

the said duke, and the confederate army was * That he the said Thomas earl of Strafford, thereupon ordered to be assembled, which at in defiance of the many treaties between her that time was the strongest that had been in the majesty and her allies, for the recovery of the service during the whole course of the war, and monarchy of Spain to the House of Austria, greatly superior to that of the enemy; not. thereby to preserve a due balance of power in withstanding which premises, he the said Europa ; and in contempt of the advice and Thomas earl of Strafford, then of her majesty's opinion of parliament, • That no peace could privy council, being informed of the reasonable • be safe, bonourable, or lasting, so long as prospect, which, by the blessing of God, the • Spain and the West Indies continued in any army of the confederates then had, of gaining • branch of the House of Bourbon ;' and also new conquests over the army of France; in

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order to disappoint the expectations of the allies, to bring them under an absolute necessity of and to give success to the secret and wicked complying and submitting to the measures of negociations then carrying on by bimself and France; and well knowing that taking pog. other evil counsellors with the ministers of session of Ghent and Bruges was the readiest France; on divers very false and groundless means of effecting the same; did wickedly suggestions and allegations, and in violation of and treacherously advise that a party of the many treaties then subsisting between her ma- queen's troops should be sent to march through jesty and the States General, as well as se- some of the towns belonging to the States Ge. veral other princes, at several times, and parti- neral; in hopes, that the commanders of the cularly by bis letter of the 30th of April, 1712, said towns, incensed by such unjust and unde10 Henry viscount Bolingbroke, then Henry St. cessary provocations, and througb the appreJohn, esg. one of her majesty's principal secre- bensions of the ill consequences that such attaries of state, did wickedly and treacherously tempts and proceedings might subject them to, suggest and advise, that a cessation of arms would be induced to refuse them admittance, should be made with France, by her majesty, and thereby give a pretence for putting in exewithout and even against the consent of her cution the perfidious designs and resolutions good allies and confederates : in pursuance of which had been concerted by him the said Earl, which wicked counsels and advices, directions and other evil counsellors, with the ministers were afterwards privately sent, in her majesty's of France: in pursuance of which wicked ad. name, to the duke of Ormond, in Flanders, to vice, a party of her majesty's troops was ac. avoid engaging in any siege, or bazarding a cordingly sent with orders to march through battle, till further orders, although nothing some of the fortified towns belonging to the had been then settled in the said private nego- States, General; and on pretence of their being ciations for the interest and security of Great denied passage through the same, the said Britain. And further, be the said Thomas earl treacherous and destructive design was immeof Strafford, at that time also of her majesty's diately put in execution, and Ghent and Bruges privy council, did advise her late majesty that were seized upon by the troops of Great Bri. be himself should be sent, and accordingly he tain; whereby, all means of communication was afterwards sent, from England, to the between Holland and the confederate army army under the duke of Ormond in Flanders, being entirely cut off, or put into the hands of with directions, in her majesty's name, to cause those wbo had so lately and shamefully bea cessation of arms to be made and proclaimed trayed the common cause, apparent advantages between her majesty's and the French army, and encouragement were given to the Freoch and a separation to be made by the troops of army, and her majesty's good and faithfal Great Britain from the confederate army ; allies were deterred from forming or prosecut. which were accordingly performed and exe- ing any designs against the common enemy; cuted, by the advice and direction of him the since ihe same could not be put io execution said Earl, without the consent, and contrary to without their knowledge and consent, who, on the earnest representations of her majesty's many occasions, had given the most evident confederates, and in open violation and defiance proofs of their disaffection to the confederales, of the many treaties then subsisting between and of their firm adherence to the interests of her majesty and ber good and faithful allies : France. All which crimes and misdemeanors by which wicked and perfidious counsels and were committed and done by him the said Earl, practices of him the said Thomas earl of Strat- against our late sovereign lady the queen, ber furd, the progress of the victorious arms of the crown and dignity, the peace and interest of confederates was stopped, and a most favour- this kingdom, and in breach of the several able opportunity lost for conquering the eve trusts reposed in him the said Earl; and be the my; all hopes of confidence between her ma said earl of Strafford was of her late majesty's jesty and her allies were entirely destroyed, privy council, ber ambassador extraordinary and the French king made absolute master of to the States General, and one of her plenipothe negociations of peace.

tentiaries, to treat of a good and general peace

with France, during the time that all and every Article VI.

the crimes before set forth were done and com" That he the said Thomas earl of Strafford mitted.” baving, in concert with other false and evil

To wbich the House agreed; and, on the counsellors, wickedly advised and procured the maid fatal cessation of arms, and likewise ob.

next day, the following Clause was added: tained for France the separation of the troops “ And the said koights, citizens, and bar. of Great Britain from the confederate army ; gesses, by protestation, saving to themselves in further execution of bis treacherous pur. the liberty of exhibiting, at any time hereafter, poses, to advance and promote the interests of any other accusation, or impeacliment, against France; and being determined, as far as in the said Thomas earl of Strafford; and also of him lay, not only to render all future corres- replying to the Answer that the said Thomas pendence and good barmony between her ma- earl of Sirafford shall make unto the said Artijesty and the States General utterly imprac- cles, or any of them, or of offering proof of the ticable ; but designing, by, all possible means, premises, or any other impeachments or accato weaken and distress the said States, in order sations, that shall be exhibited by them, as the

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