The Lords had, in the meantime, discussed several important questions. The Tory party had always been strong among the peers. It included the whole bench of Bishops, and had been reinforced during the four years which had elapsed since the last dissolution, by several fresh creations. Of the new nobles, the most conspicuous were the Lord Treasurer Rochester, the Lord Keeper Guildford, the Lord Chief Justice Jeffreys, the Lord Godolphin, and the Lord Churchill, who, after his return from Versailles, had been made a Baron of England.
The peers early took into consideration the case of four members of their body who had been impeached in the late reign, but had never been brought to trial, and had, after a long confinement, been admitted to bail by the Court of King's Bench. Three of the noblemen who were thus under recognisances were Roman Catholics. The fourth was a Protestant of great note and influence, the Earl of Danby. Since he had fallen from power and had been accused of treason by the Commons, four Parliaments had been dissolved; but he had been neither acquitted nor condemned. In 1679 the Lords had considered, with reference to his situation, the question whether an impeachment was or was not terminated by a dissolution. They had resolved, after long debate and full examination of precedents, that the impeachment was still pending. That resolution they now rescinded. A few Whig nobles protested against this step, but to little purpose. The Commons silently acquiesced in the decision of the Upper House. Danby again took his seat among his peers, and became an active and powerful member of the Tory party.[1]
The constitutional question on which the Lords thus, in the short space of six years, pronounced two diametrically opposite decisions, slept during more than a century, and was at length revived by the dissolution which took place during the long trial of Warren Hastings. It was then necessary to determine whether the rule laid down in 1679, or the opposite rule laid down in 1685, was to be accounted the law
- ↑ Lords' Journals, March 18, 19, 1679, May 22, 1685.
