with protefting against every deliberation and decifion which fhall be contrary thereto. The conduct of the duke of Savoy had been fuch, that the chagrin discovered on this occafion by the court of Turin excited rather pleafure than fympathy--and the PROTEST itself was deemed too infignificant for notice. The earl of Maccles→ field was deputed by the king to carry the joyful intelligence, with the infignia of the order of the garter for the elector, to the court of Herenhaufen; where he was received with the highest marks of diftinction, and rewarded with very rich and fplendid prefents.

Several weeks having elapfed without any progrefs made in the bufinefs of the impeachment; the lords thought proper by meffage to remind the commons, that articles had not yet been exhibited against the peers impeached. This was by no means a welcome hint---but they replied, that articles were preparing ;. and in a fhort time they were actually presented at the bar of the lords. The accufed peers in a very few days made their anfwer. On the 21st of May, 1701, another meffage came from the lords, preffing the commons to give in their replication, and proceed to trial; and representing the hardships of delay to the perfons accufed. The commons took fire at this, and informed their lordships "that they had prepared a replication to lord Orford, but chofe to defer the carrying it up, becaufe, from the nature of the evidence, they chose to proceed with the trial of lord Somers firstaffirming in a high tone their right, as profecutors, to be the proper judges of the time of conducting their own profecution." The fame day the replication to lord Somers was reported, and ordered to be engroffed. And in the interim the lords apprized them by meffage," that they had appointed the 9th of June, 1701, for the trial of lord Orford; afferting, that the right of limiting a time for avoiding delays in justice was lodged in them." A very warm altercation and repeated conferences on various points of order enfued, till the commons were provoked to complain,

"that

"that they had been obliged to spend that time in answering their lordships' meffages, which would have been otherwise employed in preparing for the trials, so that the delay must be charged to those who gave occafion for it."

At the laft of the conferences, lord Haverfham having intimated his opinion that the commons were chargeable with grofs partiality in the business of the impeachments, and that the plea of justice was only a mask to cover their real defign, the managers on the part of the commons infifted on breaking up the conference; and the house, on their report, paffed a vote, "that John lord Haversham had uttered moft fcandalous reproaches and false expreffions, highly reflecting on the honor and juftice of the house of commons :" and on being invited by the lords to renew the conference, they returned for answer, "that this was not confiftent with their honor, till they had received reparation for the indignity offered by lord Haverfham." Notice being sent from the lords, that the trial of lord Somers, now, according to the defire of the commons, first in the order of precedence, was fixed for the 17th of June; the commons absolutely refused to attend, affigning as their reasons: 1ft, The unprecedented refusal of their lordships to confent to the appointment of a committee of both houses for the fettling the neceffary preliminaries. 2dly, The want of a fatisfactory affurance, that lords impeached of the fame crimes fhall not fit in judgment upon each other. 3dly, Because they have received no reparation for the great indignity offered to them at the laft conference by lord Haverfham. And a refolution paffed the house, that no member do presume to appear at the place erected for the pretended trial of lord Somers. No accufers, therefore, standing forward to support the charge, it was moved, and carried on a divifion of fifty-fix to thirty-one voices, that John lord Somers be acquitted of the articles exhibited against him, and that the impeachment be difmiffed. The lords Portland, Orford and Halifax were in like manner

acquitted

acquitted and discharged. And recollecting the impeachment exhibited against the duke of Leeds in the year 1695, and which had lain fo many years dormant, they thought. it reasonable to extend the indulgence of the house to him; and his grace was by a verdict of acquittal exonerated from the burden, though not from the reproach, of the impeachment. The commons retorted upon the upper house, by paffing refolutions importing "that the lords had refused juftice upon the impeachment of John lord Somers, and that, by the pretended trial of the said lord Somers, they have endeavored to fubvert the right of impeachment."

In the midst of the difpute, or rather quarrel, of the two houses, an extraordinary petition was presented from the juftices of the peace, grand jurors and freeholders affembled at the general quarter feffion of the county of Kent, urging the houfe, in language daring and arrogant, to come to speedy and decifive resolutions in fupport of the measures recommended from the throne. "We most humbly implore this honorable house," say the petitioners, in conclufion, " to have regard to the voice of the people, that our religion and fafety may be effectually provided for

that your loyal addreffes may be turned into bills of fupply, and that his moft facred majefty, whose propitious and unblemished reign over us we pray GoD long to continue, may be enabled powerfully to affift his allies before it is too late." The house, exafperated at the boldness of this petition, or rather remonstrance, voted it to be "fcandalous, infolent and feditious." The perfons, five in number, who were delegated to deliver the petition into the hands of fir Thomas Hales, member for the county of Kent, in order to its being presented to the house, being called to the bar, owned it to be their petition, and that they had fet their names to it; and fhewing no difpofition to apologise for the fame, they were committed prisoners to the Gatehoufe; where they lay to the end of the feffion,

viited by great numbers of perfons, and loudly applauded by the whig party, who were now rapidly recovering their popularity and afcendancy, as meritoriously suffering for their public fpirit and patriotifm the moft odious and barbarous oppression.

The current began to fet ftrongly for a war with France; and the commons made themselves many enemies, and incurred much reproach for their indifcreet and paffionate conduct in this trival business---and yet more serious cenfure for their grofs and difgraceful partiality in the higher and weightier affair of the impeachments.

In the course of the feffion a pathetic letter from the ftates-general to the king was laid before parliament, in which they defcribe the extreme danger and difficulty of their fituation, and the abfolute need in which they ftood of immediate and effectual affiftance. They fay, " that France is erecting forts under the cannon of their strong places, and drawing lines along their frontiers-that by their intrigues they have drawn away the princes who were their friends, from their interefts-and that they are furrounded on all fides except that of the sea-that the winter, which had been hitherto their fecurity, was now over, and they were on the brink of being invaded and overturned every moment-and, in fine, that their condition was worfe than if they were actually at war. They remonftrate on the fatal confequences of being left in this exposed condition, and exprefs their confidence in his majesty's confummate wisdom, and the good intentions of the English parliament, to rescue them from that ruin with which they are threatened; and which the interests of his majefty's kingdoms, infeparable from those of the republic, are so deeply concerned to prevent." The commons, with a warmth of expreffion not to be found in their former addreffes, affured his majefty, " that they would effectually affift him to fupport his allies in maintaining the LIBERTY OF EUROPE." And the king in reply declared, "that it would be a par

ticular fatisfaction to him, in his time to revive the glory which the English nation had formerly acquired of maintaining the liberty and balance of Europe." Still the difpofition of the house of commons was apparent, to engage in the war as auxiliaries only, and not as principals. The lords indeed prefented an address of a very different complexion, requesting his majesty," not only to make good all the articles of any former treaty to the ftates-general, but that he will enter into a ftrict league, offenfive and defenfive, with them, for our common preservation." But on this topic the fentiments of the house of peers were of very inferior importance.

Towards the conclufion of the feffion, however, the commons, fenfible of the reputation they had loft, and anxious to recover their credit with the nation, which was extremely difpleased with their cold and dilatory proceedings, presented an address, affuring his majefty, "that the house would affift him in fupporting those alliances his majesty should think fit to make, in conjunction with the emperor and the states-general, for the preservation of the liberties of Europe, the profperity and peace of England, and for reducing the exorbitant power of France." This extraordinary and interesting session of parliament was at length terminated on the 24th of June, 1701, by a gracious fpeech from the throne, in which the king expreffed his hope, that what measures he might adopt during the recefs for the advancement of the common caufe, would meet with the approbation of parliament at their meeting again in the winter.

Upon the king's putting the government into the hands of the tories, the new miniftry made it one of their demands, that a convocation fhould be permitted to fit, which was accordingly fummoned February Icth, 1701. Like almost all other clerical fynods, their proceedings and debates were characterised by inexpreffible malignity and folly: but being happily divested of every degree of civil power, they