1015] 2 GEORGE I. Proceedings against the Earl of Strafford, [1016 cessary to unite in the strictest manner that was possible; and, to that end, a defensive treaty and alliance was concluded and entered into between them, in or about November, 1701, wherein amongst other things, it was further agreed, That by the alliance with the emperor, made in September then last, particular care being taken for the recovery of the Spanish Low Countries out of the hands of ⚫ the most Christian king, the said confederates expressly engaged to aid one another with all their forces for the recovery of the same; and in regard the principal interest of the 'said confederates consisted in the preserva'tion of the liberties of Europe, that the be'forementioned treaty with the emperor shall be faithfully and sincerely executed, and both 'sides shall guarantee the same, and use their endeavours, to confirm and render it more strong from time to time: that, in making peace, particular care shall be taken of the 'commerce and traffic of both nations, and also for their security as well in regard to the 'Low Countries as the countries adjacent : that, when the war is begun, the confederates shall act in concert, according to the seventh ' and eighth Articles of the Treaty of the 3rd of March, 1667-8, between England and Holland, which was thereby renewed and 'confirmed; and no peace nor truce, or suspension of arms, shall be negociated or made, but according to the ninth and tenth Articles of that Treaty; by which it was agreed, that, when the two allies came once to an open war, it shall be lawful for neither of ⚫them afterwards to come to any cessation of arms with him who shall be declared and proclaimed an enemy, without it be done conjointly and with common consent; that no negociation of peace shall be set on foot by one of the allies, without the concurrence of the other; that each ally shall continually, and from time to time, impart to the other every thing that shall pass in the said nego'ciation; and shall stipulate with the common 6 enemy for the same rights, immunities, exemptions, and prerogatives, for his ally, as he 'should do for himself, if so be the said allies 'do not agree to the contrary.' And whereas the French king, having got possession of a great part of the Spanish dominions, exercised an absolute authority over that monarchy, having seized Milan and the Spanish Low Countries by his armies, and made himself master of Cadiz and of the entrance into the Mediterranean, and of the ports of the Spanish West Indies, by his fleets, every where designing to invade the liberties of Europe, and to obstruct the freedom of navigation and commerce; and, instead of giving the satisfaction that was justly expected, had proceeded to further violences and indignities; and, having influenced Spain to acknowledge the Pretender, and thereby to concur with him in the said affront; her late sacred majesty queen Anne, taking notice, that she found herself obliged, for maintaining the public faith, for vindicating the honour of the crown, and to prevent the mischiefs which all Europe 'were threatened with, to declare war against month of May, 1702, in the most public and France and Spain,' did accordingly, in the imperial majesty and the States General did solemn manner proclaim the same; as his likewise do, in or about the said month of May, in pursuance of the beforementioned Treaties. And whereas many kings, princes, and states alliance, and relying on the faith thereof, did of Europe, being invited by the said grand derate war against France and Spain; and, in afterwards become parties to the said confeMay, 1703, between his imperial majesty, the the Treaty entered into in or about the month of queen of Great Britain, the States General, and the king of Portugal, it was, amongst other things, expressly stipulated, 'That no peace nor truce shall be made, but by the mu 'tual consent of all the confederates; nor 'shall any at any time be made, whilst the 'second grand-son of the most Christian king, by the dauphin or any other prince of the whereas, to give the greatest strength that line of France, continued in Spain.' And nations, her late majesty and the States, by a was possible to the union so necessary to both treaty in the month of June, 1703, renewed and sisting between them; and, to the end a just confirmed all treaties and alliances then suband reasonable peace might the better be obtained, that might establish the repose and tranquillity of Europe, it was agreed, that neither of the said allies should make a suspension of arms or a peace with France or Spain, but in conjunction and by common consent. And whereas the said war was for several years carried on with vigour and unanimity, at a vast expence of blood and treasure: for the many millions were granted by parliament, who, support of which, on the part of Great Britain, on many occasions, expressed their sense of humble advice to the throne, That no peace the justice of it, and frequently gave their 'could be safe, honourable, or lasting, so long as Spain and the West Indies continued in whereas the just cause of her majesty and her 6 any branch of the House of Bourbon.' And allies, in defence of the common liberty, and in vindication of the honour of the crown of Great Britain, was favoured by the Divine Providence with unparalleled successes and signal victories, whereby, as well as by the wisdom and unanimity of their councils, the reputation of the confederate arms was highly advanced, and Great Britain was esteemed the guardian of the liberties of Europe. And whereas, from allies, nothing remained, in all human apthe prosperous condition of the affairs of the of all their victories, in a speedy, just, ho pearance, but that they should reap the fruits nourable, and lasting peace; and on the other hand nothing was left to raise the hopes of the enemy, whereby to defeat that happy prospect, but his secret endeavours to disunite the confederacy. And whereas divers evil-minded 1017] for High Treason. persons, enemies to the true interests of their own country as well as to the common liberties and welfare of Europe, having, by many wicked arts and base insinuations, obtained access to her late majesty queen Anne, and being admitted into her councils and into places of the highest trust, and having formed wicked and treacherous correspondence with the emissaries of France, and set on foot a private and destructive negociation of peace, thereby intending to weaken and dissolve the confederacy, which had so long and happily subsisted, between her majesty and her good and faithful allies, to the honour and safety of the nation; had prevailed upon her said late majesty, for that purpose, to declare her resolution of entering into a Treaty of Peace with the common enemy, against the consent and opinion of all her majesty's allies; and also to appoint John then lord bishop of Bristol, and Thomas earl of Strafford her plenipotentiaries, to transact the same at Utrecht. And whereas her sacred majesty, in pursuance of the treaties she stood engaged in, and of her declaration in the month of April, 1711, to the Grand Pensionary and the other ministers of Holland, being still determined, in making peace as in making war, to act in perfect concert with her allies, and, in conjunction with them, to demand and procure from France a just satisfaction for all their pretensions, according to, and in performance of, the many solemn treaties and alliances then subsisting between her majesty and them, did, in pursuance thereof, by her instructions under the sign manual, dated the 21st of October, 1711, to him the said Thomas earl of Strafford, her ambassador extraordinary and plenipotentiary to the States General, direct him, That, during the course ' of the then intended negociation of peace, it 'must be the most careful endeavour and the 'fixed principle of all the confederates, to hold fast together, in order to obtain from the enemy the utmost which could be hoped for in the present circumstances of affairs; and that ⚫he might assure the confederates, that her majesty on her part would firmly adhere to that rule; and that she was so far from making 'peace without the concurrence of the States General, that she had declared her firm reso⚫lution, not to make it without their satisfac⚫tion;' And also by her instructions under the sign manual to the said then bishop of Bristol, and him the said Thomas earl of Strafford, her plenipotentiaries, to treat of a good and general peace, her said majesty, amongst other things, did direct them, Upon their arrival at Utrecht, 'to concert with the ministers of the allies, in what manner it might be most proper to open the conferences, and what method to observe in the progress of the treaty; upon that and all other occasions, earnestly to represent to ⚫ those ministers the great importance of ap'pearing united; and, for that reason, to recommend to them, that, if any difference or ⚫ dispute should arise, the same should be ac'commodated amongst themselves, that France 6 'might have no hold to break in upon them; ARTICLE I. "He, the said Thomas earl of Strafford, being of her majesty's privy council, and her ambassador extraordinary to the States General, and appointed one of her plenipotentiaries to treat with the ministers of France, of a good and general peace, in concert with the ministers of her majesty's allies, who for that purpose were assembled at Utrecht, with those of France, with full powers to transact the same: having no regard to the true ends of his said commissions and powers, to the honour or safety of her majesty or her kingdoms, to the many solemn engagements she was under to the old and faithful allies of this nation, or to the common liberties of Europe; but being devoted to the interest and service of the French king, the then common enemy, in defiance of the tenor of the several treaties before-mentioned, or some of them, as well as of the frequent advices of parliament, and the many declarations of her majesty from the throne; but more particularly in defiance of the solemn and mutual assurances which had been so lately renewed between her majesty and the States-General, to act in perfect concert with each other, in making peace as in making war, and of the several instructions from her majesty under the sign manual to him the said Earl in pursuance thereof; was not only wanting in his duty and trust to her majesty, by not advising against, and as far as was in his power, by not opposing, the going into any private separate negociation with France; but, on the contrary, when a separate, dishonourable, and destructive negocia tion of peace was entered into, between the ministers of Great Britain and France, without any communication thereof to her majesty's allies, according to the several treaties; be the said Earl did not only take upon himself, and presume from time to time, to advise and exhort that the same should be continued and carried; but did likewise frequently concert private and separate measures with the minis ters of France, in order to impose upon and deceive her majesty's good subjects and her allies, and was instrumental in promoting the said separate negociation, exclusive of all the allies, and to their manifest prejudice and detriment. And further be the said Earl, when the ministers of France, at Utrecht, refused to answer in writing, and on many other occasions, proceeded in a fallacious and unjustifiable manner, in transacting the negociations of peace; was not only wanting in his duty, in not representing to her majesty and her ministers against the same, and in not supporting in the manner he ought to have done, her majesty's good allies in their reasonable demands from France; but, on the contrary, commended the French prudence in taking such measures; and even suggested himself the methods for France to make use of, to create dissentions amongst the allies, and separate negociations between each of the allies and France, thereby to dissolve the whole confederacy. By which wicked and treacherous practices, he the said Earl prostituted the honour of her majesty and the imperial crown of these realms, and grossly violated his powers and instructions, the many treaties which her majesty then stood engaged in to her allies, and the repeated assurances which the said Earl had, by her majesty's order and in her name, given to the said allies, to act in perfect concert with them throughout the whole negociations of peace: thereby rendering the design of the confederacy, and the mutual support expected from the same, altogether useless, and giving up the affairs of Europe into the hands of France. earnest representations, of all her allies; for the ARTICLE II. "Whereas the maintaining a perfect union and good correspondence between her late majesty and the illustrious House of Hanover was of the utmost importance, for preserving to these kingdoms the invaluable blessings of their religion and civil liberties, by securing the suc'cession to the crown, to a race of Protestant princes, ever renowned for their great justice and clemency, and thereby defeating the traitorous designs of the Pretender; and, for that purpose, the great wisdom of divers parliaments, which had fixed and confirmed the said succession, had also laid the obligation of an oath upon the subjects of these realms, to support and main tain the same to the utmost of their power: he the said Thomas earl of Strafford, not regard ing the many ill consequences to her majesty and these kingdoms, which would naturally ensue from a disunion or coolness of affection between princes so nearly allied in blood and interest, instead of doing what in him lay to "Whereas, in the pernicious negociations of prevent the same, did, on the contrary, in his 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 him 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 her with the then common enemy, without any majesty and her allies by the plenipotentiaries concert with his said electoral highness, and against the consent, and contrary to the most ARTICLE III. * Origin. General. 6 in direct violation of her majesty's instructions, of the 23rd of December, 1711, in pursuance thereof; whereby he the said Earl was expressly commanded, To insist in the conferences of peace, with the ministers of France, 'that the security and reasonable satisfaction which the allies expected, and which his most Christian majesty had promised to grant, could not be obtained if Spain and the West did not only presume to treat about the peace with the ministers of France, without insisting, as he ought to have done, that Spain and the West Indies should not be allotted to the said House of Bourbon; but also, when the ministers of bis imperial majesty and of the king of Portugal, in conformity to the mutual obligations and treaties between her majesty and them and with each other, demanded of France, That Spain and the West Indies should be restored to the House of Austria;' and requested him the said Earl, to join with them, to strengthen that demand,' did decline and refuse to do the same; by which perfidious and unwarrantable practices of him the said Thomas earl of Strafford, incurable jealousies and discords were created between her majesty and her allies; that mutual confidence, which had so long and so successfully been cultivated between them, and which was so necessary for their common safety, was abso lutely dissolved, the just balance of power in Europe was wickedly betrayed; and apparent advantages were given to the common enemy, to impose what terms of peace he should think fit upon her majesty and the whole confede of France; for which addresses her majesty was pleased to return them her hearty thanks, for the zeal they had therein expressed for her bonour; he the said Earl was not only wanting in his duty to her majesty, and zeal for the Protestant Succession, in not advising her majesty against treating with France upon such dishonourable terms; but did himself, with other evil counsellors, privately, wickedly, and treacherously, concert and agree with the minis-Indies be allotted to any branch of that House:' ters of France, that the said proposals, so derogatory to the dignity of her majesty, and dangerous to these kingdoms, should be the conditions upon which France would agree to treat of a peace with Great Britain. And further, be the said Earl, in contempt and defiance of the judgment of the House of Peers, which had received her majesty's gracious approbation, and acting the part of an emissary of France, instead of a plenipotentiary of Great Britain, being thereunto encouraged, and founding his presumption on a letter to the then said bishop of Bristol and him the said Earl, from Henry St. John, esq. then principal secretary of state, on the 16th of February, 1711, the next day after the said Address of the House of Peers was made, and informing them of the indignation expressed in Great Britain at the offers of France, but that by the management of master Thomas Harley (then secretary of the treasury) the House of Commons was perfectly and absolutely secured to the measures of peace; did wickedly, deceitfully and perfidiously, concert and agree with the ministers of France, at Utrecht, that the said French ministers should write a collusive letter to him the said Earl and the then said bishop of Bris-racy. tol, wherein her majesty should be stiled queen 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 her majesty's title December, 1711, having earnestly recommend. to the crown: 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 her majesty and the parliament, on the war with vigour, and as the best way as if France had then actually acknowledged to render the Treaty of Peace effectual; and the same which said letter was accordingly accordingly supplies were granted, and magawritten by the ministers of France, and trans-zines provided at a great expence; and in purmitted to Great Britain by him the said Earl; whereby her majesty, the parliament, and the whole nation were most grossly and scandalously abused, and drawn in to the said destructive measures of peace, to the great dishonour of her majesty and these kingdoms, and to the apparent danger of the Protestant Succession. ARTICLE V. suance thereof, her majesty having given early assurances to her allies of her sincere intentions, and likewise expressly instructed her general the duke of Ormond, not only to renew the same assurances, and declare her resolution of pushing on the war with the utmost vigour, but to concert with the generals of the allies the proper measures for entering upon action; which assurances were accordingly given by the said duke, and the confederate army was thereupon ordered to be assembled, which at that time was the strongest that had been in the service during the whole course of the war, and greatly superior to that of the enemy; notwithstanding which premises, he the said Thomas earl of Strafford, then of her majesty's privy council, being informed of the reasonable prospect, which, by the blessing of God, the army of the confederates then had, of gaining new conquests over the army of France; in to bring them under an absolute necessity of complying and submitting to the measures of France; and well knowing that taking pos session of Ghent and Bruges was the readiest means of effecting the same; did wickedly and treacherously advise that a party of the queen's troops should be sent to march through some of the towns belonging to the States Ge order to disappoint the expectations of the allies, and to give success to the secret and wicked negociations then carrying on by himself and other evil counsellors with the ministers of France; on divers very false and groundless suggestions and allegations, and in violation of many treaties then subsisting between her majesty and the States General, as well as several other princes, at several times, and parti-neral; in hopes, that the commanders of the cularly by his letter of the 30th of April, 1712, to Henry viscount Bolingbroke, then Henry St. John, esq. one of her majesty's principal secretaries of state, did wickedly and treacherously suggest and advise, that a cessation of arms should be made with France, by her majesty, without and even against the consent of her good allies and confederates: in pursuance of which wicked counsels and advices, directions were afterwards privately sent, in her majesty's name, to the duke of Ormond, in Flanders, to avoid engaging in any siege, or hazarding a battle, till further orders, although nothing had been then settled in the said private negociations for the interest and security of Great Britain. And further, he the said Thomas earl of Strafford, at that time also of her majesty's privy council, did advise her late majesty that he himself should be sent, and accordingly he was afterwards sent, from England, to the army under the duke of Ormond in Flanders, with directions, in her majesty's name, to cause a cessation of arms to be made and proclaimed between her majesty's and the French army, and a separation to be made by the troops of Great Britain from the confederate army; which were accordingly performed and executed, by the advice and direction of him the said Earl, without the consent, and contrary to the earnest representations of her majesty's confederates, and in open violation and defiance of the many treaties then subsisting between her majesty and her good and faithful allies: by which wicked and perfidious counsels and practices of him the said Thomas earl of Strafford, the progress of the victorious arms of the confederates was stopped, and a most favourable opportunity lost for conquering the enemy; all hopes of confidence between her majesty and her allies were entirely destroyed, and the French king made absolute master of the negociations of peace. ARTICLE VI. "That he the said Thomas earl of Strafford having, in concert with other false and evil counsellors, wickedly advised and procured the said fatal cessation of arms, and likewise obtained for France the separation of the troops of Great Britain from the confederate army; in further execution of his treacherous pur poses, to advance and promote the interests of France; and being determined, as far as in him lay, not only to render all future correspendence and good harmony between her majesty and the States General utterly impracticable; but designing, by all possible means, to weaken and distress the said States, in order said towns, incensed by such unjust and unnecessary provocations, and through the apprehensions of the ill consequences that such attempts and proceedings might subject them to, would be induced to refuse them admittance, and thereby give a pretence for putting in exe. cution the perfidious designs and resolutions which had been concerted by him the said Earl, and other evil counsellors, with the ministers of France: in pursuance of which wicked advice, a party of her majesty's troops was ac cordingly sent with orders to march through some of the fortified towns belonging to the States. General; and on pretence of their being denied passage through the same, the said treacherous and destructive design was immediately put in execution, and Ghent and Bruges were seized upon by the troops of Great Bri tain; whereby, all means of communication between Holland and the confederate army being entirely cut off, or put into the hands of those who had so lately and shamefully be trayed the common cause, apparent advantages and encouragement were given to the French army, and her majesty's good and faithful allies were deterred from forming or prosecut. ing any designs against the common enemy; since the same could not be put in execution without their knowledge and consent, who, on many occasions, had given the most evident proofs of their disaffection to the confederates, and of their firm adherence to the interests of France. All which crimes and misdemeanors were committed and done by him the said Earl, against our late sovereign lady the queen, crown and dignity, the peace and interest of this kingdom, and in breach of the several trusts reposed in him the said Earl; and be the said earl of Strafford was of her late majesty's privy council, her ambassador extraordinary to the States General, and one of her plenipotentiaries, to treat of a good and general peace with France, during the time that all and every the crimes before set forth were done and committed." ber next day, the following Clause was added: "And the said knights, citizens, and burgesses, by protestation, saving to themselves the liberty of exhibiting, at any time hereafter, any other accusation, or impeachment, against the said Thomas earl of Strafford; and also of replying to the Answer that the said Thomas earl of Strafford shall make unto the said Arti cles, or any of them, or of offering proof of the premises, or any other impeachments or accusations, that shall be exhibited by them, as the |