with affuring the czar, that he should have reafon to be fa- Geo. I. tisfied, provided he would remove the only obftacle to their 1717. mutual good understanding, the continuance of the Ruffian troops in the empire.

Thefe memorials did not reconcile the two princes: The diftance of their dominions, the interefts of their fubjects with regard to commerce, fufpended their refentments, but they were enemies the rest of their life. The czar, curious as he was, would not have failed of vifiting England in his progress, had the two monarchs been upon good terms.

The czar, after having spent three months in Holland, refolved upon a tour to the court of France, with defign to enter into a confederacy with the regent of France. He offered to pour a numerous army into the empire, which should be at the difpofal of the regent, provided he would pay him the fubfidies he demanded, which were very large. But his offer was rejected, and communicated by the regent to king George. However, the czar, during his stay at Paris, concluded a treaty of friendship with France, in which the king of Pruffia was included, and, being preffed by the regent, he promised to withdraw his forces from Mecklenburg. The czar, at his return to Amfterdam, admitted baron Gortz (who had been fet at liberty the day before his arrival) with great privacy to an interview at Loo (g). Gortz undertook to adjust all differences between the czar and the king of Sweden, within three months, and the czar engaged to fufpend all operations against Sweden till the end of that term.

This interview having been complained of by the British refident at Petersburg, the czar's minifters at first denied it,

(g) It may here be obferved, that the duke of Orleans had interpofed to bring the king of Sweden to a peace, and had fent the count de la March to him as his ambassador. But the king of Sweden would hearken to no proposals till baron Gortz and count Gyllenburg were fet at liberty. The regent, upon this, orders d'Ibberville to affure his Britannic majefty, that the king of Sweden had declared, he had yet no intention to trouble the tranquillity of Great Britain, nor had entered into any of the

defigns attributed to his mini-
fters, and fhould confider, as a
great injury to him, the fufpi-
cion of his having had any con-
cern in their projects. After
this declaration on the part of
the king of Sweden, the regent
hoped, that the king would fend
back count Gyllenburg to his
mafter, and give his confent that
baron Gortz fhould be alfo re-
leafed. This was accordingly
done, and count Gyllenburg
was exchanged for Mr recent
Jackfon, who had been deta med
at Stockholm.

Geo. I. but foon after were obliged to own it The late duke of Or1717. mond, with one Mr. Jernegan, a Roman Catholic, was

come to Mittau in Courland to propose a marriage between one of the czar's daughters and the pretender, and to offer to go and perfuade the king of Sweden to make peace with the czar, and affift in fetting the pretender on the throne of Great Britain; but the propofal of the marriage interfered with baron Gortz's fcheme, who had long intended that princefs for the duke of Holstein, to whom he was afterwards married. Mr. Jernegan was fent to Sweden for leave that the duke of Ormond might come there as the pretender's minifter. The answer he brought to the duke was, that the king of Sweden had ftrong reafons for not admitting him. He was soon after fent from Mittau, and Jernegan was left to manage the business at Petersburg, with all poffible fecrecy. Mean while a congrefs was formed at Abo, between the Swedish and Ruffian minifters, which was afterwards removed to Aland.

The czar's chief aim was to keep not only Ingria, and part of Carelia, but alfo Revel, with Eftonia, and Riga, with Livonia, and to restore to Sweden only Finland, and the reft of Carelia. Baron Gortz flattered the czar with the hopes of the king of Sweden's confent to these ceffions, in confideration of his affifting him in restoring Stanislaus, and retaking what Denmark and England had conquered upon Sweden. The king of Pruffia was to be included in the treaty, and the czar, the better to make his own terms, engaged to prevail with him to restore Stetin for an equivalent fomewhere else. Upon thefe foundations baron Gortz and M. Ofterman, the czar's plenipotentiary, concerted the plan of a peace between the czar and the king of Sweden. By this plan the conqueft of Norway was defigned. The czar was obliged to affift his Swedish majefty in that expedition, and both promised to unite all their forces against the king of Great Britain, in cafe he should interpofe. This feemed to have a view to the intereft of the pretender, and a defign of an invafion in Scotland, after the conqueft of Norway.

When baron Gortz fet out from Aland with the plan of peace, in order to obtain his mafter's confent, the king of Sweden was with his army before Frederickitadt, in Norway, where he was killed in the night, between the 29th and 30th of November, 1718. Baron Gortz, not being informed of his death, was arrested on the road, and having drawn upon himielf the hatred of the nation, and refentment of the nobles, whom he had treated with haughtiness, he was by them condemned

condemned to the scaffold, where he died with great refolu- Geo. I. tion. By the king of Sweden's death the face of affairs in the 1717. north was entirely changed: Sweden was forced to fubmit; the czar, king of Denmark, and king George, as elector of Hanover, remained in poffeffion of what they had acquired. Thefe affairs, though not ended till the following year, have been related at once to prevent any farther recourse to them. But to return to England.

It was

Oxford,

The earl of Oxford had now been confined in the Tower The trial of almost two years, and, finding the feffion was like to end with the earl of out entering upon his cafe, he caufed a petition to be pre- Pr. H. L. fented to the house of lords, wherein he submitted his cafe to Pr. H. C. their lordships confideration, praying, that his imprisonment might not be indefinite. The lord Trevor, who prefented his petition, made a long speech in his favour, as did also the duke of Buckingham, the earls of Nottingham and Abingdon, and the lords Harcourt and North and Grey. infifted in the earl's behalf, that the impeachment was deftroyed and determined, fince he was not brought to his trial the fame feffion, in which he was impeached; and that the prorogation fuperfeded the whole proceedings. The earl of Nottingham, who, in 1715, when in favour, had been one of the moft zealous against the minifters of the late queen, ftrenuously infifted upon the impeachment's being fuperfeded by the prorogation, and demanded leave to enter his proteftation against the vote paffed to the contrary, by a majority of 'eighty-feven to forty-five (a).

(a) His proteft was as follows:

Diffentient'

I. Because there feems to be no difference in law between a prorogation and a diffolution of the parliament, which, in conftant practice, have had the fame effect as to determination, both of judicial and legislative pro ceedings; and confequently this vote may tend to weaken the refolution of this houfe, May 22, 1685, which was founded upon the law and practice of parlia VOL. XIX.

This

ment in all ages, without one
precedent to the contrary, ex-
cept in cafes which happened
after the order made the 19th
of March, 1678, which was re-
verfed and annulled in 1685;
and in pursuance hereof the earl
of Salisbury was discharged in
1690.

II. Because this can never be
extended to any but peers, for
by the ftatute 4 Edw. III. no
commoner can be impeached
for any capital crime; and it is
hard to conceive, why the
fhould be diftinguifhed and de
prived of the best of a the

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Geo. I. This being rejected, the duke of Buckingham moved to 1717. appoint a day for the earl's trial, which, after fome debates, and appointing a committee to search for precedents, was fixed and appointed. It is remarkable, that the appointing a day did not occafion fo lorg a debate as the shortening the day, and that the earl's friends preffed the house to appoint a fhort day, while the other fide pleaded for time. Accordingly, the duke of Buckingham, who had made the motion, declared in a speech for a fhort day, and named the 6th of June. But the earl of Sunderland and the lord Coningsby were for fending a meffage to the commons, to know whether they were ready, or to appoint the 13th of June for the trial. After fome debate, the 13th was appointed by a majority of eighty-five against forty-four, and a meffage was fent to the commons to acquaint them with the fame.

This meflage caufed no lefs debates among the commons. They faw the face of their affairs a little changed: Some, who had been active in this profecution when it was first begun, and upon whom the houfe might be faid in fome meafure to depend for carrying it on, feemed to look coldly upon the matter, and to decline the work, or at least to have lefs of that confidence, the houfe ufually fhewed them before. This caufed a vote to appoint a committee to inquire into the state of the earl of Oxford's impeachment. The committee found, upon inquiry, that feveral members of the Secret Committee (who begun the profecution) had been called up to the house of peers, as the lords Onflow, Coningsby, and Marfham, and that others feemed remifs, or were abfent. Therefore the house was moved, and did agree, that Mr. Carter, Sir William Thompson, the ferjeants Birch, Pengelly, and Reynolds, fhould be added to the Secret committee. At their first meeting, Mr. Carter was chofen chairman in the room of Mr. Walpole, who, with feveral others, abfented himfelf. For this reafon Mr. fecretary Addifon, Mr. Craggs, ferjeant Mead, and Mr. Jeflop, and a little after Mr. Lechmere, now chancellor of the duchy of Lancafter, were added to the number.

laws of liberty, to which the
meanest commoner in Britain is
intitled; and this feems the
more extraordinary, because it
is done unafked of the commons,
who, as is conceived, never can
afk it with any colour of law,

precedent, reafon or justice.

This proteft was fubfcribed by Nottingham, Fra. Roffen", North and Grey, Bathurst, Abingdon, Manfell, Hay, Guilford, Dartmouth, Foley, Bruce.

All

Geo. I.

All the eminent lawyers of the houfe being thus named to be of the committee, they immediately fell to preparing to 1717. make good the articles of impeachment, in cafe the house fhould agree to proceed to the trial; but all the while they left people in fufpence as to their refolution, even till the day before the trial was to be. The king had appointed lord chancellor Cowper to be lord high-fteward on this occafion, and all things were in readinefs for the trial; when, on the 12th of June, a meffage was fent from the commons to the lords, to demand longer time for their preparations, pursuant to the following report of the committee:

That the Committee had met feveral times, and made fome progress in the matters to them referred; but that the profecution of the impeachment having been interrupted for fo many months, by the intervention of many weighty and urgent affairs, which more nearly and immediately concerned the welfare, defence, and fecurity of the kingdom, it was become abfolutely neceflary for those, who fhould be appointed to manage the impeachment, to review and carefully perufe all the treaties, records, letters, and other papers proper and neceffary for fupporting this profecution; which being voluminous, it would be impoffible, within the time appointed for the trial, to adjuft and apply the proper evidence to the feveral articles (b).

(b) When this report was read in the house of commons, there was a filence for two or three minutes, till at laft Mr. Hungerford rofe up, and took notice of the great hardships, which the earl of Oxford had undergone. Mr. Bofcawen expreffed his concern, That a profecution, which the commons had begun in fo folemn a manner, and which was thought fo neceffary to vindicate the honour and juftice of the nation, fhould, at laft, be dropped; which he was fure would be a reflection upon that house.'

Here again was a deep filence; and, the fpeaker rifing, in order to put the quellion,

Upon

Mr. Samuel Tufnel made a
long speech, in which he ob-
ferved, that, the house having
been affured by the chairman of
the committee of secrecy, that
there was evidence against the
earl of Oxford, fufficient to con-
vit him of high-treafon in
Weftminster-Hall, it was that
which fwayed him to vote for
bringing an offender to public
justice, who had betrayed the
honour and intereft of the na-
tion.'

Mr, Bromley endea-
voured to vindicate Mr. Wal-
pole, by alledging, That,
though he was chairman of the
Secret Committee, yet, if any
thing were done amifs amongit
them, it were hard to lay all the

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blame