These desired that a committee of both houses should be named for settling preliminaries, one of which was, That the lord to be tried should not sit as a peer; and the other imported, That those lords impeached for the same matter should not vote in the trial of each other.

They likewise desired that lord Somers should be first tried.

The lords made no objection to this last demand; but they rejected the proposal of a committee consisting of both houses, alleging that the commons were parties, and had no title to sit in equality with the judges, or to settle matters relating to the trial; that this was a demand contrary to the principles of law and rules of justice, and never practised in any court or nation.

The lords, indeed, had yielded to this expedient in the popish plot, because it was a case of treason, in which the king's life and safety of the kingdom were concerned, while the people were jealous of the court, and the whole nation was in a ferment; but at present the times were quiet, and the charge amounted to nothing more than misdemeanors; therefore the lords could not assent to such a proposal as was derogatory from their jurisdiction.

Neither would they agree to the preliminaries; but on the twelfth day of June resolved, That no peer impeached for high crimes and misdemeanors should, upon his trial, be without the bar; and that no peer impeached could be precluded from voting on any occasion except in his own trial.