e found himself deserted by his brother
peers as infectious; and retired with signs of confusion. Prior and
Harley having been examined by such of the committee as were justices of
the peace for Middlesex, Mr. Walpole informed the house that matters of
such importance appeared in Prior's examination, that he was directed
to move them for that member's being closely confined. Prior was
accordingly imprisoned, and cut off from all communication. On the
twenty-first day of June, Mr. Secretary Stanhope impeached James duke
of Ormond of high treason, and other high crimes and misdemeanors. Mr.
Archibald Hutchinson, one of the commissioners of trade, spoke in favour
of the duke. He expatiated on his noble birth and qualifications; he
enumerated the great services performed to the crown and nation by his
grace and his ancestors; he observed, that in the whole course of his
late conduct, he had only obeyed the queen's commands; and he affirmed
that all allegations against him could not in the rigour of the law be
construed into high treason. Mr. Hutchinson was seconded by general
Lumley, who urged that the duke of Ormond had on all occasions given
signal proofs of his affection for his country, as well as of personal
courage; and that he had generously expended the best part of his
estate, by living abroad in a most noble and splendid manner, for the
honour of his sovereign. Sir Joseph Jekyll said, if there was room
for mercy, he hoped it would be shown to that noble, generous, and
courageous peer, who had in a course of many years exerted those great
accomplishments for the good and honour of his country; that, as the
statute of Edward III., on which the charge of high treason against him
was to be grounded, had been mitigated by subsequent acts, the house
ought not, in his opinion, to take advantage of that act against the
duke, but only impeach him of high crimes and misdemeanors. General
Ross, sir William Wyndham, and the speakers of that party, did not
abandon the duke in this emergency; but all their arguments and
eloquence were lost upon the other faction, by which they were greatly
out-numbered The question being put, was carried for the impeachment of
the duke of Ormond, who perceiving every thing conducted by a furious
spirit of revenge, and that he could not expect the benefit of an
impartial trial, consulted his own safety by withdrawing himself from
the kingdom. On the twenty-second day of June, the earl of Strafford
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