The violence and folly exhibited in the conduct of these proceedings opened the eyes of the King to his error in having changed his ministry at so critical a time. He found to his infinite disquietude that instead of enabling him to manage the Commons as they had promised, the Tory leaders had rendered them more intractable and imperious than before; and that instead of sincerely endeavouring to promote peace abroad and quiet government at home, they were actuated entirely by motives of private passion and revenge. In this state of affairs he again directed his attention to Lord Somers, in consequence, probably, of the urgent advice of Lord Sunderland, and wrote him a note from Loo, dated the 10th of October, 1701, assuring him of the continuance of his friendship. By the united exertions of Somers and Sunderland a negotiation was entered into with a view to the formation of a Whig ministry; but after some little progress had been made, the death of the King, in March 1702, put an end to the project, and the succession of Queen Anne confirmed the establishment of the Tory administration.
The state of parties for some years after the accession of Queen Anne excluded Somers from taking any active part in political affairs. It is probable that at this period of his life he devoted his attention to literature and science, as in 1702 he was elected President of the Royal Society. He afterwards applied himself with diligence to the removal of several gross defects in the practice of the Courts of Chancery and Common Law. In 1706 he introduced into the House of Lords an extensive and effectual bill for the correction of such abuses. In passing through the House of Commons “it was found,” says Burnet, “that the interest of under-officers, clerks, and attorneys, whose gains were to be lessened by this bill, was more considered than the interest of the nation itself. Several clauses, how beneficial soever to the subject, which touched on their profit, were left out by the Commons.” Still the Act “for the Amendment of the Law and the better advancement of Justice,” as it now stands amongst the statutes of the realm, effected a very important improvement in the administration of justice.