The lords, 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.