Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Martis, 13 die Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Bath et Wells.
Epus. St. David's.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati (fn. 1) Sigilli.
L. Great Chamberlain.
Comes Dorset et Midd.
Comes St. Albans.
Ds. Willoughby de Parham.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Gerard de Brand.
Ds. Arundell T.
Ds. Butler de M. Park.
L. Awdley, Leave to stay in Town.
This House being moved, "That James Lord Awdley, One of the Peers of this Realm, may have Leave to stay some Time in Town, to attend some Business of Importance to him; and for that Purpose may be permitted to come unto His Majesty's Court at Whitehall:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Awdley be, and is hereby, authorized to stay in the Cities of London and Westminster, or either of them, for effecting the said Business, for the Space of Thirty Days from the Date of this Order, and to come to Whitehall for that Purpose, if His Majesty shall be pleased to give him License so to do.
Report from Committee of both Houses, about the Method of Trial of the inpeached Lords.
The Lord President reported, "That the Committee of both Houses have met this Morning; and discoursed in the First Place in the Matter of a Lord High Steward, and have perused former Commissions for the Office of High Steward; and propose from the Committee, that the Order being entered in the Journal of the House of Lords; videlicet,
Lord High Steward's Commission to be varied.
"That an Office of an High Steward, upon Trials of Peers upon Impeachments, is not necessary to the House of Peers; but that the Lords may proceed in such Trials, if an High Steward be not appointed, according to their humble Desire: There may be a Commission for an High Steward to bear Date after the said Order, so as the Words in the Commissions perused may be thus changed; videlicet, instead of ["ac pro eo quod Officium Senescalli Angliæ, cujus Præsentia in hac Parte requiritur, ut accepimus, jam vacat"] may be inserted ["ac pro eo quod Proceres et Magnates in Parliamento Nostro assemblat. Nobis humilliter supplicaverunt, ut Senescallum Angliæ pro hac vice constituere dignaremur"]."
His Lordship further reported, "That, in the next Place, the Commons proposed, That they might be satisfied in what they proposed Yesterday concerning the Bishops being present at the Trials of the Lords impeached.
"To which the Lords making Answer, That it belongs not to the Commons to be concerned in the constituting Parts of the Court upon such Trials; but that the Judgement of this Matter belongs entirely to the Lords; and when they have judged it, the Commons cannot alter it, and therefore should not debate it.
"Upon which, the Commons acknowledged, That Judgement after Trial is in the Lords; but their Lordships are not to give Judgement, unless the Commons demand it.
"And the Commons desire to know, whether the Lords will proceed in these Trials as their Lordships did anciently; for, if the Bishops should fit upon these Trials, and the Commons should not demand Judgement, as being dissatisfied with their being there, it may be the Commons may proceed by Bill.
"To which the Lords made Answer, That, after the Evidence is fully heard, they are bound to give Judgement of Condemnation or Acquittal.
"But this being a Matter of Judicature, the Lords declared, that they would impose Silence upon themselves, and debate it no further.
"The Commons further desired to know, whether the Bishops shall be allowed to vote upon the Validity of the Pardon of the Earl of Danby; for they account that no Preliminary, but the very Essence of the Trial."
Which Report being ended; and the First Part thereof, concerning the Lord High Steward, being agreed to; the House entered into Debate concerning the Second Part thereof, in relation to the Lords the Bishops.
After a long Debate thereof;
Bishops voting in Cases of Blood.
The Question was proposed, "Whether the Lords Spiritual have a Right to stay in Court, in Capital Cases, till such Time as Judgement of Death comes to be pronounced?"
This previous Question being put, "Whether this Question shall be now put?"
It was Resolved in the Affirmative.
The main Question was put, (videlicet,) "Whether the Lords Spiritual have a Right to stay in Court, in Capital Cases, till such Time as Judgement of Death comes to be pronounced?"
Which was Resolved in the Affirmative.
Protest against their staying in Court till Judgement of Death comes to be pronounced.
North & Grey.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, 14um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.