on the other hand, came to a resolution, That there should not be a
committee of both houses concerning the trial of the impeached lords.
Then they resolved, That lord Somers should be tried at Westminster-hall
on Tuesday the seventeenth day of June, and signified this resolution
to the lower house; reminding them, at the same time, of the articles
against the earl of Portland. The commons refused to appear, alleging
they were the only judges, and that the evidence was not yet prepared.
They sent up the reasons of their nonappearance to the house of lords,
where they were supported by the new ministry and all the malcontents,
and produced very warm debates. The majority carried their point
piecemeal by dint of different votes, against which very severe protests
were entered. On the day appointed for the trial, they sent a message
to the commons that they were going to Westminster-hall. The other
impeached lords asked leave, and were permitted to withdraw. The
articles of impeachment against lord Somers, and his answers, being read
in Westminster-hall, and the commons not appearing to prosecute, the
lords adjourned to their own house, where they debated concerning
the question that was to be put. This being settled, they returned to
Westminster-hall; and the question being put, "That John lord Somers be
acquitted of the articles of impeachment against him, exhibited by
the house of commons, and all things therein contained; and, That the
impeachment be dismissed," it was carried by a majority of thirty-five.
The commons, exasperated at these proceedings, resolved, That the
lords had refused justice to the commons; that they had endeavoured to
overturn the right of impeachment lodged in the commons by the ancient
constitution of the kingdom; that all the ill consequences which might
attend the delay of the supplies given for the preservation of the
public peace, and the maintenance of the balance of Europe, would be
owing to those who, to procure an indemnity for their own crimes, had
used their utmost endeavours to make a breach between the two houses.
The lords sent a message to the commons, giving them to understand that
they had acquitted lord Somers and dismissed the impeachment, as nobody
had appeared to support the articles; and that they had appointed next
Monday for the trial of the earl of Orford. They resolved, That unless
the charge against lord Haversham should be prosecuted by the commons
before the end of th