BOOK IV. to the persons accused. The commons took fire "that they at this, and informed their lordships

1701.

had prepared a replication to lord Orford, but chose to defer the carrying it up, because, from the nature of the evidence, they chose to proceed with the trial of lord Somers first-affirming in a high tone their right, as prosecutors, to be the proper judges of the time of conducting their own prosecution." The same day the replication to lord Somers was reported, and ordered to be engrossed. And in the interim the lords apprised them by message," that they had appointed the 9th of June (1701) for the trial of lord Orford; asserting, 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 ensued, till the commons were provoked to complain, "that they had been obliged to spend that time in answering their lordships' messages, which would have been otherwise employed in preparing for the trials, so that the delay must be charged to those who gave occasion for it."

At the last of the conferences, lord Haversham having intimated his opinion" that the commons were chargeable with gross partiality in the bu siness of the impeachments, and that the plea of justice was only a mask to cover their real de sign," the managers on the part of the commons

1701.

insisted on breaking up the conference; and the BOOK IV. house, on their report, passed a vote, "that John lord Haversham had uttered most scandalous reproaches and false expressions, highly reflecting on the honor and justice of the house of commons:" and on being invited by the lords to renew the conference, they returned for answer, "that this was not consistent with their honor, till they had received reparation for the indignity offered by lord Haversham." Notice being sent from the lords, that the trial of lord Somers, now; according to the desire of the commons, first in the order of precedence, was fixed for the 17th of June; the commons absolutely refused to attend, assigning as their reasons: 1st, The unprece dented refusal of their lordships to consent to the appointment of a committee of both houses for the settling the necessary preliminaries. 2dly, The want of a satisfactory assurance, that lords impeached of the same crimes shall not sit in judgment upon each other. 3dly, Because they have received no reparation for the great indignity offered to them at the last conference by lord Haversham. And a resolution passed the house,' that no member do presume to appear at the place erected for the pretended trial of lord Somers. No accusers, therefore, standing forwardto support the charge, it was moved, and carried on a division of 56 to 31 voices, that John lord

1

BOOK IV. Somers be acquitted of the articles exhibited 1701. against him, and that the impeachment be dis

Kentish Petition.

missed. The lords Portland, Orford, and Halifax, were in like manner acquitted and discharged. And recollecting the impeachment exhibited against the duke of Leeds in the year 1695, and which had lain so 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 passing resolutions importing "that the lords had refused justice upon the impeachment of John lord Somers, and that, by the pretended trial of the said lord Somers, they have endeavoured to subvert the right of impeachment."

In the midst of the dispute, or rather quarrel, of the two houses, an extraordinary petition was presented from the justices of the peace, grand jurors, and freeholders, assembled at the general quarter session of the county of Kent, urging the house, in language daring and arrogant, to come to speedy and decisive resolutions in support of the measures recommended from the throne. "We most humbly implore this honorable house," say the petitioners, in conclusion, "to have regard to the voice of the people, that our

religion and safety may be effectually provided BOOK IV. for-that your loyal addresses may be turned into 1701. bills of supply, and that his most sacred majesty, whose propitious and unblemished reign over us we pray GoD long to continue, may be enabled powerfully to assist his allies before it is too late." The house, exasperated at the boldness of this petition, or rather remonstrance, voted it to be

scandalous, insolent, and seditious." The persons, five in number, who were delegated to deliver the petition into the hands of sir 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 set their names to it; and shewing no disposition to apologise for the same, they were committed prisoners to the Gatehouse; where they lay to the end of the session, visited by great numbers of persons, and loudly applauded by the whig party, who were now rapidly recovering their popularity and ascendency, as meritoriously suffering for their public spirit and patriotism the most odious and barbarous oppression. On their releasement from prison, and return into their own county, they were met by a cavalcade of 500 horse at Blackheath, and near their entrance into the town of Maidstone by vast crowds of persons strewing the way before them with

1

BOOK IV. garlands and flowers, and displaying all the con 1701. comitant circumstances of triumph.

Letter

from the

neral to the

King.

The current began to set strongly for a war with France; and the commons made themselves many enemies, and incurred much reproach, for their indiscreet and passionate conduct in this trivial business-and yet more serious censure for their gross and disgraceful partiality in the higher and weightier affair of the impeach

ments.

In the course of the session a pathetic letter States Ge- from the States General to the king was laid before parliament, in which they describe the extreme danger and difficulty of their situation, and the absolute need in which they stood of immediate and effectual assistance. They say, "that France is erecting forts under the cannon of their strong places, and drawing lines along their frontierthat by her intrigues she has drawn away the princes who were their friends, from their interests and that they are surrounded on all sides except that of the sea-that the winter, which had been hitherto their security, was now over, and they were on the brink of being invaded and overturned every moment-and, in fine, that their condition was worse than if they were actually at war. They remonstrate on the fatal consequences of being left in this exposed