which he should think proper for his defence; that he should have free access to the papers that bad been laid before the Commons; and that a month's time be allowed him, to answer the Articles of Impeachment against him. THE EARL OF OXFORD'S ANSWER TO THE ARTICLES OF IMPEACHMENT AGAINST HIM.] Sept. 3. The House of Lords being informed that Joseph Taylor attended, with the Answer of the earl of Oxford and earl Mortimer, to the Articles of Impeachment exhibited by the House of Commons against him, he was called in, and presented the said Answer at the bar, sealed up. And, being examined upon oath, touching the same, said he received it from the said earl of Oxford, as his Answer, this morning; and had directions from his lordship to deliver it to this House as his Answer. And then he withdrew; and the said Answer was read, as follows: "The ANSWER of ROBERT Earl of Ox- mons of Great Britain, in maintenance of committed. tions have been entered into among the allies, to obviate such dangers; and particularly the Treaty for an intended Partition seems to have been concluded upon that view. And though he acknowledges the wisdom of Parliament in condemning that treaty, as prejudicial and fatal in its consequences to England and the peace of Europe; yet, he presumes, it was not condemned because part of the dominions of the house of Bourbon, but because such consideracrown of Spain were thereby allotted to the ble of those dominions as the kingdoms parts of Naples and Sicily, the province of Guiposcoa, and other territories, were allotted to that branch of the house of Bourbon to whom the crown of France was to descend, which might have been a great and dangerous addition to and because it was made against the repeated the then formidable strength of that crown; remonstrances of Charles the second, then king of Spain, who declared, by his ambassador, 'that such partition treaty could have no other effect, than to force Spain to throw itself into 'the arms of France, to prevent the dismembering of the Spanish monarchy;' and that it had of that prince, who seems to have been inthis consequence, appeared upon the death duced by that consideration to bequeath the jou, a younger branch of the house of Bourentire monarchy of Spain to the duke of Anbon, who accordingly, upon the demise of the "The said Earl, saving to himself all advan- said king Charles the second, took possession of tages of exception to the said Articles, and of the monarchy of Spain; but this accession of the not being prejudiced by any words or want of duke of Anjou to the crown of Spain did not form in this his Answer; and also saving to produce the alliance in the article mentioned, himself all rights and privileges belonging to between Leopold, then emperor of Germany, him as one of the peers of this realm; for an- his late majesty king William 3, of ever glorious swer to the said Articles, saith: he admits, memory, and the States General, as immedimany solemn treaties and alliances have been ately necessary at that juncture; for king Wilformerly entered into, between the crown of liam, as well as the States General, acknowEngland and other princes and potentates of ledged the duke of Anjou as king of Spain; Europe, for their mutual security, and to pre- thereby allowing, that the duke of Anjou's envent the immoderate growth of the power of joyment of the monarchy of Spain, while he France, which might prove dangerous' to the was but a younger branch of the nouse of Bourneighbouring princes and states; and that there- bon, was not inconsistent with the liberties of fore it was laid down as a fundamental prin- Europe, or the preservation of a due balance ciple and maxim of union amongst the allies, of power; and afterwards, when the French 'that France and Spain should never come and king had seized the Spanish Netherlands, king 'be united under the same government; and William, by advice of parliament, came in to that one and the same person should not be the assistance of the States as an auxiliary 'king of both these kingdoms: and he appre- only, by sending upon their request 10,000 men, hends, that the principal view and aim of the which England was obliged by treaties to furallies was, to settle and maintain an equal ba- nish in case the States were attacked; after lance of power in Europe; and, since the con- which, many conferences passed at the Hague junction of Spain to the dominions of France betwixt the ministers of England and the States might possibly ensue from the duke of Anjou's and those of France, in order to find out some being possessed of that crown, the dispossessing expedient, by which, upon a reasonable division him was desired, as the most likely means to of the dominions of Spain, a new war might prevent that conjunction; and, for the same be prevented: and the States, in the course reason, the union of Spem with the empire must of those conferences, often asserted, That have been equally fatal, and the prevention of though they had acknowledged Philip, king it equally the design of the alliance; nor could 'of Spain, yet such an acknowledgment was the continuance of Spain in the house of Bour-not contrary to the demand of a reasonable bon be in any respect prejudicial to the allies, if the union of that crown with France could be prevented. As new dangers of such union have 'been apprehended, new treaties and stipula 6 'satisfaction to be given to the emperor for his pretensions to the Spanish succession;' which was in effect to declare, That the sa<tisfaction demanded for the emperor was such as would leave king Philip in possession of 'Spain.' But these conferences broke off, about August 1701, without effect; and in September following, king William entered into the grand alliance with the emperor and the States General; whereby it was agreed, That in the first place, endeavours should be used, by amicable means, to obtain the satisfaction desired for the emperor;' who probably at that time would have accepted a very easy composition for his pretensions. But, when the French king acknowledged the Pretender as king of England (which not long after happened), his majesty king Williain and the parliament of England, justly provoked by this affront, resolved to enter into the war, which had been begun by the emperor alone in Italy the year before; and the late queen mentions this indignity as the chief motive of her engaging in it, as appears by her declaration of war against France and Spain, in May 1702. The said Earl adinits the several treaties set forth in the preamble to the said articles, and that such advice was given by parliament, and such speeches were made from the throne, as in the said preamble are mentioned; but, for more certainty, begs leave to refer himself to the very treaties, addresses of parliament, and speeches, when they shall be produced; and he humbly hopes your lordships will allow him to observe, That those treaties manifestly shew that the design of the allies, in endeavouring the recovery of Spain from the house of Bourbon, was to prevent the union of those two potent kingdoms in one and the same person. In the grand alliance in 1701, the avowed ends are, the procuring an equitable and reasonable 'satisfaction to his imperial majesty, for his 'pretensions to the Spanish succession; the security of the dominions of the king of Great 'Britain and States General,with the navigation ' and commerce of their subjects; the prevent'ing the union of France and Spain under the same government;' and the territories and provinces pointed out in the fifth article were the farthest views of that alliance: whereby it was thought his imperial majesty would receive the utmost satisfaction which he could reasonably demand for his pretension to the Spanish succession. No mention is made of the recovery of the whole monarchy of Spain to the House of Austria, either in the grand alliance or in the defensive one, made the same year, between his majesty king William and the States General; and when, in the treaty between the emperor, the queen of Great Britain, and the States General on the one part, and the king of Portugal on the other, about May 1703, it was concerted to place archduke Charles, the present emperor, upon the throne of Spain, he was then but a younger branch of the House of Austria; and there is great reason to believe that the queen, as well as other princes of Europe, and in particular the king of Portugal, did not think a treaty to procure the crown of Spain for the arch-duke, when a younger branch of the House of Austria, did lay any obligation of procuring that monarchy for him when he became first of that House, and was elected emperor; since the imperial and hereditary dominions, joined to the whole Spanish monarchy, would have given such excess of power to one prince, as would have been formidable to Europe, and a means to destroy that balance of power which her majesty in all her treaties had constantly laboured to preserve: and it is a known and an allowed rule by the law of nations, in reference to leagues between princes, That if there happens a material change in what was the principal ground and cause of the treaty, the obligation thereof ceases. If, therefore, in the preliminary articies in 1709, and afterwards in the conferences at Gertruydenberg, a cession of the Spanish monarchy to king Charles the third, who was then younger brother to the emperor, was thought reasonable to be insisted on: yet the said earl humbly submits to your lordships great judgment, whether there was equal reason for insisting on such cession, when king Charles the third was become head of that House, and had possession of that Empire and all the hereditary countries of Austria, as a condition without which no peace should be made. The States General were so far from admitting, or yielding, that the monarchy of Spain should in all events be given to the House of Austria; that he the said earl hath heard they refused to admit it to be inserted as a condition of their Barrier Treaty when proposed by her majesty's ambassador at the Hague; and chose rather to put a stop to the proceedings of that treaty, and hazard the advantages they thereby expected, than comply with that proposal. The advice of parliament is of great weight; to which her late majesty always gave, and he the said earl always paid, a just regard: and he doubts not but the House of Peers had proper inducements, when they gave their advice to the throne, That no 'peace could be safe, honourable, or lasting, so long as the kingdom of Spain and the West Indies continued in the possession of any 'branch of the House of Bourbon:' but, if he may be permitted to offer his humble conjectures of the motives of that advice, he conceiveth it might proceed from an apprehension of a future union of those two crowns, as likely to ensue, in case Spain should continue in the possession of any who might become heir to the crown of France; and that even the conjunction of the empire and Spain would be less dangerous than such an union: but when her majesty communicated to her parliament, the sixth of June 1712, the terms upon which a peace might be made, and thereby informed them, That France had been brought to offer, that the duke of Anjou should, for himself and his descendants, renounce for ever ail ciaim to the crown of France; and that, at the same time the succession of the crown of France was to be declared, after the death of the then dauphin and his sons, to be in the duke of Berry and his sons, in the duke of Orleans and his sons, and so on to the rest of the house of Bourbon; ཡ་་་་་་," 6 and that the succession to Spain and the West | conquests in Germany; after the entire deIndies, after the duke of Anjou and his chil-struction of three great armies of France, in dren, was to descend to such prince as should he agreed upon at the treaty of peace, for ever excluding the rest of thehouse of Bourbon;" both Houses of Parliament, by their respective addresses to her majesty in the same month, expressed their entire satisfaction: And as the House of Commons desired her majesty to proceed in the negotiations then depending, for obtaining a speedy peace;' so the House of Lords assured her majesty, that they entirely relied on her majesty's wisdom, to finish that great and good work. And, after her majesty had concluded a peace on those terms, both Houses of Parliament severally congratulated her majesty on the conclusion of the peace; and also joined in an address of the 22d of April 1714, expressing their just sense of her majesty's goodness to her people, in delivering them by a safe, honourable, and advantageous peace with France and Spain, from the heavy burthen of a consuming land war, unequally carried on and become at last impracticable. He the said earl acknowledges, that her majesty was pleased, about August 1710, to re-admit him, among others, to a place in her council, and require his services in offices of trust to which he submitted, purely in obedience to her majesty's commands, with great reluctance, from the prospect of the difficulties with which he was likely to struggle: But, as he never asked any employment, nor used any wicked arts or base insinuations to obtain the same from her majesty; so, in all employments with which her majesty was pleased to honour bin, he sincerely endeavoured to discharge his duty with the utmost integrity; having always with the truest zeal desired and endeavoured, as far as he could, to promote the honour and service of her majesty, whose aim he knew to be the welfare of her kingdoms in the first place, and (as far as she judged it consistent with that) the common good of her allies. Iu or about the month of September 1710, her majesty (whose undoubted prerogative it was) thought fit to dissolve the Parliament thenfin being, and call a new one. In the year 1711, propositions were made by France to her majesty, for peace, without the contrivance or previous knowledge of the said earl: her majesty, out of her affection for her people, having it much at her heart to establish peace in her own days, expressed her concern for the disappointment of former negotiations, and her earnest desire to put a speedy end to the war and to the effusion of Christian blood, and to ease her subjects from the heavy burthen of their taxes: The said earl doth acknowledge, that he thought a peace was very much for the interest and advantage of Great Britain; and, in his humble opinion, the most favourable juncture for obtaining advantageous terms of peace was immediately after the signal victories gained by her majesty's arms in the year 1706; for, after the reduction of the dominions of the electors of Bavaria and Cologne, with other important VOL. VII. Flanders, Spain, and Piedmont after the allies had recovered the Spanish Netherlands, Milan, and other territories in Italy: it might have been hoped, from the great distress in which the enemy then was, a just and reasonable peace could have been obtained, since so much was at that time gained from the enemy, and so much more in all probability, would have been yielded by them, as would have fully answered the ends of the grand alliance. Peace was at that time sought by the enemy: And the said earl, who had the honour to be then one of the principal secretaries of state, owns, he then advised the accepting of it; and he humbly begs leave to observe that the war had been continued upon so unequal a foot; that the burden of it annually increased, and at the time when those proposals were made by France was become almost insupportable. It had indeed been stipulated by the grand alliance, 'that the allies should assist one another with 'all their forces, according to a specification, to 'be agreed on, in a particular convention for that purpose; but it doth not appear any such convention was made, otherwise than as the House of Commons were informed by one of the principal secretaries of state to his late majesty king William, that, by the propor tious adjusted with the States, England was to 'furnish two parts of five by land, and, the 'States the other three;' and England was to furnish five parts of eight by sea, and the States the other three;' but the States not always allowing themselves to be under an obligation to furnish such proportions, gave occasion to England's hearing an unequal part in the war, with respect to the allies. The States had that prudent regard to the frugal ordering of their affairs, that they frequently insisted they ought not to be pressed beyond their ability, and made themselves the sole judges of what came within the compass of it; and by that means avoided the supplying any quota or proportion which they thought improper for them to furnish. In the mean time the charge of the war was greatly increased upon the subjects of Great Britain. In the year 1702, it was under 4,000,000!; from thence it gradually increased till the year 1706, the charge of which year amounted to above 5,500,000l.; and still advancing till the year 1711, it was then grown to near 7,000,000l.; and at the same time there was a debt contracted, not provided for by parliament, amounting to 7 or 8,000,000l. the very interest of which, and other debts wherein the nation was involved, amounted to 3,000,000l. per annum; and the revenues of Great Britain was under such anticipations, that it was found difficult to raise above 2,500,000l. for the growing service, to be paid within the compass of the year; so that, when the duties and difficulties upon trade and the continuance of the taxes upon land (which had lain so heavy above twenty years) M And the said earl humbly hopes, he shall not be thought to have designed any dis-service to his country, if, in such a condition of affairs, he did not dissuade her majesty from hearken are considered, the said earl believes it could | not be thought for the public interest to prolong the war, without an absolute necessity. During this time, the States had managed with so good economy, that the said earling to the overtures of peace made to her from hath not heard of any additional duty laid by them upon trade, from the year 1702, to the year 1711; and what acquisitions were made upon the continent, during the continuance of the war, though at the expence of British blood and treasure, accrued to the share of the allies; and the Dutch being under no prohibition of commerce with France, had a further advantage of the British merchants in respect to a free trade. Although the princes of the empire were engaged by previous treaties to furnish their quotas to the common cause; yet, when they were often pressed to do it, they alledged in excuse, that those troops (which they were obliged to furnish at their own expence) were in the pay of the 'crown of Great Britain: the emperor left it to her majesty to provide for these troops which by the Portugal treaty in the year 1703, he was to furnish; the king of Portugal not only neglected the proportion of 12,000 foot and 3,000 horse, which by the said treaty he was to provide at his own expence, but even refused to permit the 11,000 foot and 2,000 horse (for which he had subsidy from her majesty) to be paid by musters, according to an article of that treaty; and, when pressed to furnish his full number of troops, alledged his inability for want of that part of the subsidies which the States ought to have paid him; so that almost the whole charge of the war in Spain was left upon her majesty; the States having sent few or no troops thither after the battle of Almanza, and all the other allies being likewise defective in their proportions. This was the condition of affairs with respect to the charge of the war; nor did there appear, from the then situation of affairs, any more promising prospect with regard to the event; for although it had pleased God to bless her majesty's arms with wonderful success, at which the said earl most sincerely rejoiced; yet it did not appear that, after the year 1706, our successes in other parts had countervailed our losses in Spain; for, after two great battles wherein we had been there defeated, after our forces had been twice obliged to retire from Madrid, and after the taking the British troops at Brihuega, the recovery of Spain (which was the main article that retarded the conclusion of the peace at Gertruydenberg) seemed almost desperate; especially since the French, in the year 1711, by their plentiful vintages and harvests had well nigh recovered the effects of the famine; and since some of the allies, at the same time, made pressing instances for recalling part of their troops, as they had done frequently during the course of the war; from whence it appears, how just the grounds were, upon which both houses of parliament represented to her majesty, that the war had been unequally carried Son, and was at last become impracticable.' 6 France; or if during the negotiations, he endeavoured, by corresponding, with her majesty's knowledge and approbation, in any courts concerned therein to rectify any mistakes, or contri. bute in any measure towards the conclusion of a general peace; But the said earl believes, that, in all the negotiations towards such peace, the allies had such knowledge, and communication of all measures therein taken by her majesty, as the treaties her majesty was engaged in required; that the propositions transmitted from France, about April 1711, were immediately communicated to the Pensionary and minis ters of Holland; that her majesty did at the same time assure them of her resolution to act in concert with them, in making peace as in making war; that when the States had expressed their desires to be equal with those of Great Britain, for a general and lasting peace, and had declared, that they were ready to join in proper measures to procure it, and desired France might explain itself more parti cularly upon the points contained in those propositions; her majesty endeavoured to obtain such explanations, and afterwards communicated them to the States; And, if her majesty thought it not expedient to proceed in the method of a preliminary treaty, which had proved so ineffectual in the years 1709 and 1710, but thought it might be sufficient upon articles signed by a minister of France, by his sovereign's command, to open conferences for a peace; the said earl humbly hopes, that this proceeding will appear to be so far from being an unreasonable deviation from the methods of former transactions in that kind, that it will be justified by many precedents of such treaties. The said earl can affirm, that during the whole negotiation, so far as he was concerned, he acted with a sincere intention to obtain a general peace for the welfare and honour of her majesty and her kingdoms, and such as might give reasonable satisfaction to her allies, and answer all the obligations her majesty was under. by any treaties with any of the confederates; and is not conscious to himself that be bath in any respect transgressed that duty, which, as a privy counsellor or officer of state, he did owe to her majesty or to the public. He is not insensible that many of the articles wherewith he stands charged are complicated, with such circumstances, aggravations, and inferences, as may render it difficult for him to acknowledge some facts alledged, without acknowledging, or seeming at least to acknow ledge, those circumstances or inferences: And as he is not conscious to himself of being guilty of any crime he stands charged with; so he takes it to be agreeable to the common course of proceedings of this nature, and to your lordships' justice, that he should not admit any circumstances which may tend to the accusa, tion of himself. He therefore begs leave, that he may be allowed to distinguish between the acts themselves and the inferences drawn from them; and that, wherever he acknowledges any fact, he may not be understood to acknowledge those consequences which are in the articles deduced from it, unless it shall appear that the consequence was the aim and design of the said earl, or is the necessary result of any act he hath done. propositions to the ministers of France, wherein the interests of Great Britain or the common interest of Europe were betrayed; nor doth the said earl know that the said Mr. Prior had any power to communicate prepositions to the ministers of France, which betrayed either the interest of Great Britain, or the common interest of Europe. Therefore the said earl insists, that there is no ground to charge him with the treacherous or pernicious contrivances in this article mentioned: And if any article was inserted in any propositions to be communicated by the said Mr. Prior, That 'the secret should be inviolably kept, till al'lowed to be divulged by the mutual consent ' of both parties" yet the said earl denies that such article was inserted by his advice; and if any such there was, he cannot, however, believe it, was designed to exclude her majesty's allies from the just share in the said negociations: And hopes he may be allowed to observe, that in case any instructions were given for not divulging propositions which concerned Great Britain in particular, the same were far from manifesting such design as is before men "In Answer to the first Article; the said earl saith, That he always had the greatest regard to the honour and safety of her late majesty and her kingdoms, to all the engagements she was under to the allies of this nation, and to the common liberties of Europe; that he never was devoted to the interest or service of the French king; that he is not conscious to himself of having acted, whilst he had the honour to be her late majesty's high treasurer, or one of her most honourable privy council, contrary to his oath, or in violation of his duty and trust, or with disregard to, much less defiance of, any treaties in the said article mentioned, the advices oftioned; since it is well known to be the unparliament, her majesty's declarations from the throne, or any mutual assurances which had been made or renewed between her majesty and the States to act in perfect concert with each other, in making peace as in making war: And he utterly denies that, in or about the months of July or August 1711, or at any other time, he did form any contrivance or confederacy to set on foot a private, separate, dishonourable, or destructive, negociation of peace, between Great Britain and France; nor doth he know of any such contrivance or Confederacy formed by any of her majesty's privy council, or that such négotiation was at any time set on foot. But the said earl saith, he doth believe that, about the month of April 1711, her late majesty did receive from France some proposals, in order to set on foot a treaty for a general peace, signed by M. de Torcy, secretary of state to the most Christian king; which, as he believes, were immediately communicated by her ambassador in Holland to the States-General; whereupon, as he has been informed, they thanked her majesty for her confidence in them, declared themselves to be weary of the war, and ready to join in any measures her majesty should think proper for obtaining a good peace; and that they hoped her majesty would bring the French to explain more particularly the several points con'tained in the abovementioned proposals;' or to that effect: And that, after such request, her majesty sent Matthew Prior esquire to the court of France, in order to obtain as full and ample an explanation as he could of the first general offers. But the said earl denies that he did advise her majesty to send the said Mr. Prior to the court of France, to make propositions of peace without communicating the same to her allies; or that the said Mr. Prior did, by his advice or privity, communicate any doubted right of every member of a confederacy, to demand particular advantages for themselves, not inconsistent with their alliances, and which are not to take place but on the conclusion of a general peace; and it has been usual for those to whom the first overtures of peace are made, to make demands for themselves in the first place; as the States particularly did in the negociations at the Hague in the year 1709, and at Gertruydenburg in the year 1710. And though he apprehends that an agreement not to divulge the propositions, without the mutual consent of both parties, could not be to the prejudice of the allies; yet he believes that, in order to prevent any unreasonable jealousies among them, even those propositions which related to Great Britain in particular were communicated to them; and that it will likewise appear, that the propositions signed by Mons. de Torcy, and transmitted in the month of April 1711, in the said articles mentioned, whereby it is said, The French king offered to treat with the plenipotentiaries of England and Holland alone, or jointly with those of the allies, at the choice of England,' were proposals relating only to the manner of treating when the conferences should be opened; and that her majesty was so far from taking upon her to treat singly for the allies, that she chose to have all the parties admitted to the Congress, where they might have an opportunity of treating, and adjusting their respective interests; that being in her opinion the fairest method of proceeding, most advantageous to the confederates, and most likely to prevent jealousies and discords among them. And the said earl saith, That he doth not know that any negociation of peace was contrived or set on foot, by any persons employed in her majesty's service, which was in any respect more |