1710. they gave their opinions in council, according to the best of their judgment; their intentions were very fincere for the fervice of the queen, and to bring the war to a speedy conclufion. However it was voted, after a warm debate, that it appeared by the lord Sunderland's letter, that the carrying on the war offenfively in Spain was approved and directed by the minifters, notwithstanding the defign' of attempting Toulon, which the minifters, at that time, knew was concerted with the duke of Savoy, and therefore were justly to be blamed for contributing to all misfortunes' in Spain, and to the difappointment of the expedition against Toulon. That the earl of Peterborough, during the time • he had the honour of commanding the army in Spain, did perform many great and eminent fervices; and, if the opinion he gave in the council of war at Valencia had been followed, it might very probably have prevented the miffortunes, that had happened fince in Spain.' The lords of the high-church party having, by the help of the Scots, who all voted on that fide, carried thefe questions, the earl of Wharton moved, that fuch lords, as were against them, might enter their protcfts, which was readily granted (r).

(r) The proteft to the first refolution was as follows:

Diffentient'

Becaufe that, concerning the army of the allies in Spain, was to receive fo great an addition of troops by the fupply fent under the earl of Rivers, the general defire and expectation of the kingdom to have the war brought to a fpeedy conclufion, and all other circumftances of the war, as it then flood, we are of opinion, that an offenfive war was then fitteft for those in her majefty's fervice to advife; and we do not find reason, by any thing arifing on the examinations and debates to be of another opinion, the occafion of fighting the battle of Almanza depending, as we conceive, on

Here was a new and strange precedent of censuring a refolution taken in council, and of defiring the queen to order all that had paffed in council, to be laid before the house. In all the hot debates in king Charles the Firft's reign, in which many refolutions taken in council were justly cenfurable,et the paffing any cenfure on them was never attempted by men, who were no way partial in favour of the prerogative; but they understood well what our conftitution was in that point: a resolution in council is only the fovereign's act, who, upon hearing his counsellors deliver their opinions, forms his own refolution: a counsellor may indeed be liable to cenfure for what he may fay at that board; but the refolution taken there has been hitherto treated with a filent refpect; but, by this precedent, it will be hereafter fubject to a parliamentary enquiry. The queen was fo defirous to have a cenfure fixed on her former ministry, that he did not enough confider the wound given to the prerogative, by the way in which it was done.

1710.

Reflections

on it.

Peterbo

After thefe proceedings it was moved by the duke of The earl of Buckingham, that the thanks of the houfe fhould be given rough to the earl of Peterborough, for his remarkable and eminent thanked by fervices; which being ordered, the lord-keeper Harcourt the lords. addreffed himself to the earl, in a speech, wherein he obliquely reflected on the rewards that had been received by the duke of Marlborough:

.

Such is your lordship's known generofity and truly noble temper, that I affure myself, the prefent I am now offering to your lordship is the more acceptable, as it comes C pure and unmixed, and is unattended with any other reward, which your lordship might juftly think would be an 'allay to it.'

The next morning the earl fet out for Vienna, and the lords, not content with what had been done, entered, on

Pr. H. L.

Rockingham,

Scarborough,

J. Ely,

W. Lincoln,
Jo. Landaff,
Harvey,

Rich. Peterborough,
J. Bangor,
Marlborough,

1710. the last day of January, into an enquiry about the force we had in Spain at the time of the battle of Almanza, and it was found not to exceed fourteen thousand men, though the parliament had voted twenty-nine thoufand. This feemed to be a crying thing, and tragical declarations were made upon it. But, in truth, that vote had paffed cly in the January before the battle of Almanza, which was fought on the 14th of April following. Now it was not poffible to levy and tranfport men in fo fhort a time. It was made appear, that all the money, given by the parliament for that fervice, was applied to it, and that extraordinary diligence was used, both in forwarding the levies and their transportation. They were fent from Ireland, the paffage from thence being fafest and most speedy. All this, and a great deal more to the fame purpofe, was faid, but it fignified nothing (s); for, though no examination had been made, but into that fingle point of the numbers at Almanza, they came to a general vote, That the late miniftry had been negligent in the management of the war in Spain, to the great prejudice of the nation; and they then ordered all their proceedings and votes to be put in an addrefs, and laid before the queen: and though they had made no enquiry into the expence of that war, nor into the application of the money, given by the parliament for it, yet in their address they mentioned the great profufion of money in that fervice. This they thought would touch the nation very fenfibly; and they hoped the thing would be eafily believed on their word. Protefts were made againft every vote in the whole progrefs of this matter: fome of these carried fuch reflections on the votes of the houfe, that they were expunged.

A ftrange

Never (fays a certain author *) was any thing carried way of pro- on in the house of lords fo little to their honour as this was; ceeding, Burnet. fome, who voted with the reft, seemed afhamed of it. They faid, fomewhat was to be done to juftify the queen's change of the miniftry; and every thing elsewhere had been fo well conducted, as to be above all cenfure; fo, the misfortune of Almanza being a visible thing, they resolved

to lay the load there. The management of the public 1710. treasure was exact and unexceptionable; so that the fingle misfortune of the whole war was to be magnified: fome were more easily drawn to concur in these votes, because, by the act of grace, all those who had been concerned in the adminiftration, were covered from profecution and punishment: fo this was represented to fome, as a compliment that would be very acceptable to the queen, and by which no perfon could be hurt. They loaded fingly the earl of Galway with the lofs of the battle of Almanza, though it was refolved on in a council of war, and he had behaved himself in it with all the bravery and conduct, that could be expected from a great general, and had made a good retreat, and fecured Catalonia with unexpreffible diligence.

6

The earl of

to the Por

The earl of Galway was also cenfured for not insisting on Galway cen the point of honour in the precedence to be given to the fured for English troops, as foon as the Portuguese army entered into giving the Spain. The earl being indifpofed with the gout, the lords precedence fent him a question in writing: Why, whilft he com-tuguefe. 'manded the British troops in Spain, he gave the right to Burnet. "the Portuguese ? To this he answered, That, by the Pr. H. L.] · treaty with Portugal, the troops of that crown were to ' have the right in their own country, and that, in order to 6 engage them to march to Madrid, he was obliged to allow them the fame honour, for otherwife they would never have stirred out of Portugal.' It is certain, if he had made the least struggle about it, the Portuguese, who were not eafily prevailed on to enter into Spain, would have gladly enough laid hold of any occafion, which such a difpute would have given them, and have turned back upon it; and fo, by his infifting on fuch a punctilio, the whole defign would have been loft. We had likewife, in our treaty with them, yielded exprefsly the point of the flag in thofe feas, for which alone, on other occafions, we have engaged in wars; fo he had no reason to contest a leffer point. However, the lords thought fit to resolve, by a majority of fixty-fix against forty-four, That the earl of Galway, in yielding the poft of her majesty's troops to the Portuguese • in Spain, acted contrary to the honour of the imperial crown of Great-Britain.' This was the conclufion of the inquiries made by the house of lords, a representation of which was, in an address, presented to the queen on the 10th of February.

6

1710-11.

mons.

Pr. H. C.

In the mean time, the commons were no less intent upon what feemed to be the principal bufinefs of this feffion, to Some abufes caft an odium on the late miniftry. To this end, on the cenfured by the com- 3d of January, Mr. Harley informed the house, that, in the examinations relating to the navy, fome very confiderable abuses were discovered in the victualling; and that a member of the house was named therein. The commons, after these examinations were laid before them, voted, on the 15th of February, "That there had been many no"torious embezzlements and scandalous abuses in the ma"nagement of her majefty's brewhoufe, and in contracts "for furnishing beer, to the defrauding of the public, "and injury of the feamen. That Thomas Ridge (mem"ber of the house) having contracted to furnish five thou"fand five hundred and thirteen tun of beer upon his own 66 account, and two thousand seven hundred and four tun "of beer, in partnership with Mr. Dixon; and having re"ceived bills for the whole, although he had delivered out "but three thousand two hundred and thirteen tun on the "firft, and one thousand two hundred and fixty-nine tuns << on the latter contract, be expelled the house: and that addrefs be prefented to her majefty, to caufe Mr. "Ridge to be profecuted for the fame." However, this gentleman was not profecuted, but continued to ferve the navy as before; for, upon examination, it appeared, that in fact the public fuffered no wrong. The cafe ftood thus: the fervice of the fleet had of late lain for the most part in the Mediterranean, where the difference of climate rendered the beer fent from hence ufelefs; and the feamen, being not able to drink it there, required wine and water, which is ordinarily used on board the fleet in those parts. But as the Victualling-office can, in their accounts, charge beer only, it was allowed to the feamen by the office to take money of the brewer, wherewith to buy wine in the Streights. Thus, though the beer was not delivered, and the feamen drank wine, yet the nation paid for no more than the allowance of beer. Many other brewers were complained of on the fame account, but it was plain this was only a fhew of zeal, and a feeming discovery of fraudulent practices, when in reality there was no fuch thing, or at least the abuse was such, that it was fuffered to go on as avowedly as ever.

ries.

66 an

Two lotte- The money did not come into the treasury fo readily as formerly, neither upon the act of four fhillings in the pound, nor on the duty laid on malt. So, to raise a quick supply,

Burnet.

Pr. H. C.

there