House of Lords Journal Volume 13: 30 November 1680

DIE Martis, 30 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Memorandum, That these Lords Spiritual were in the House in the Morning; but none of them went down into Westminster Hall.

PRAYERS.

Report from Committee of both Houses, concerning L. Stafford's Trial.

The Earl of Essex reported from the Committee of both Houses, "That Yesterday their Lordships agreed with the Commons, that the Members of the House of Commons, who are to manage the Evidence against the Lord Viscount of Stafford, at his Trial, should speak to the Lords as a House, and not to the Lord High Steward."

Upon which, it being moved, "That their Lordships would consider, whether it be not fit to have His Majesty's Commission for a Lord High Steward read in this House, before an Adjournment be made into Westm. Hall:"

It was Agreed to.

Then a Commission for appointing a Lord High Steward for the Trial of the Lord Viscount of Stafford, was read (all the Peers standing up uncovered), as followeth;

King's Commission for L. Chancellor Finch to be Lord High Steward.

"CAROLUS R.

"Carolus Secundus, Dei Gratia, Angl. Sco'æ, Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et Fideli Consiliario Nostro Heneagio Domino Finch Domino Cancellario Nostro Angliæ, Salutem: Cum Will'us Comes Powis, Will'us Vicecomes Stafford, Henricus Dominus Arundell de Wardour, Will'us Dominus Petre, & Joh'es Dominus Bellasis, coram Nobis in Parliamento, per Milites, Cives, & Burgenses, in Parliamento Nostro assemblat. de Alta Proditione, & aliis atrocissimis Criminibus & Offensis, per ipsos Will'um Comitem Powis, Will'um Vicecomitem Stafford, Henric. Dominum Arundell de Wardour, Will'm Dominum Petre, & Joh'em Dominum Bellasis, commiss. & perpetrat. in Nomine ipsorum Militum, Civium, & Burgensium, & Nomine omnium Communium Regni Nostri Angliæ, impetiti & accusati existunt; Nos, considerantes quod Justitia est Virtus excellens, & Altissimo complacens, volentesque quod prædictus Will'us Vicecomes Stafford, de & pro Proditione & aliis Criminibus & Offensis, unde ipse (ut præfertur) impetitus & accusatus existit, coram Nobis, in præsenti Parliamento Nostro, secundum Leg. & Consuetudin. hujus Regni Nostri Angl. & secundum Consuetudinem Parliamenti, audiatur, examinetur, sententietur, & adjudicetur, cæteraque omnia quæ in hac Parte pertinent debito Modo exerceantur & exequantur; ac pro eo quod Proceres & Magnates in præsenti Parliamento Nostro assemblat. Nobis humillime supplicaverunt, ut Senescallum Angl. pro hac Vice constituere dignaremur; Nos, de Fidelitate, Prudentia, provida Circumspectione, & Industria vestris plurimum considentes, ordinavimus & constituimus vos, ex hac Causa, Senescallum Angliæ, ad Officium illud, cum omnibus eidem Officio in hac Parte debit. & pertinen. (hac Vice) gerend. occupand. & exercend. Et ideo Vobis mandamus, quod circa Præmissa diligenter intendatis, & omnia quæ in hac Parte ad Officium Senescalli Angliæ pertinent & requiruntur, hac Vice, faciatis, exercetis, & exequamini cum Effectu. In cujus Rei Testimonium, has Literas Nostras fieri secimus Patentes.

"Teste Meipso, apud Westm. Tricesimo die Novembris, Anno Regni Nostri Tricesimo Secundo.

"Per ipsum Regem, propria Manu signat."

"Barker."

Then the Lord Bishop of London, for himself and the rest of the Bishops, delivered in a Protestation; which they desired may be entered; which was read, as followeth:

Bishops Protestation, on absenting themselves from the Trial.

"The Lords Spiritual of the House of Peers do desire the Leave of this House, to be absent from the Trial of the Lord Viscount Stafford; by Protestation, saving to themselves and their Successors all such Rights in Judicature as they have by Law, and of Right ought to have."

L. Stafford to have a Stool.

Then, in regard of the Age and Weakness of the Lord Viscount Stafford, it was agreed, that his Lordship should be permitted to have a Stool or Chair to sit on.

Serjeant at Arms to make Proclamations.

The House having taken into Consideration the Formalities to be observed in the Proceedings at the Trial of William Lord Viscount Stafford in Westminster Hall; agreed, That the Serjeant at Arms be continued in the House, to make Proclamations which are to be made in the King's Name.

Procession of the Lords directed by Garter.

Then the House was adjourned into Westminster Hall; whither the Lords went, in that Order as they have directed; Garter King of Arms calling them in their due Places by a List.

The Lords being sat; the Lord High Steward asked Leave of the House for the Judges to be covered. Which was granted.

Proclamations for Silence, and bringing Prisoner to the Bar.

Then Proclamation was made, for keeping Silence.

Another Proclamation was made, requiring the Lieutenant of The Tower of London to bring to the Bar William Lord Viscount Stafford, his Prisoner; who was brought to the Bar, and kneeled.

L. High Steward to L. Stafford.

Then the Lord High Steward told the Lord Viscount Stafford, "That he is brought to be tried this Day upon an Impeachment of High Treason, brought up against him by the House of Commons, in their Names, and in the Names of all the Commons of England; and wished him carefully to attend it."

Impeachment and Answer read.

Then the Impeachment of the House of Commons against him was read; and also the Answer of the Lord Viscount Stafford thereunto was read.

Lord High Steward to the Managers for H. C.

Then the Lord High Steward told the Members of the House of Commons, who were appointed to manage the Evidence, "That now they might proceed in their Evidence."

Lords adjourn to the House.

And, after many Hours were spent in the Trial, the Lords adjourned into their House.

Lieutenant of The Tower to bring L. Stafford To-morrow to Westminster Hall.

ORDERED, by the Lords in Parliament assembled, That the Lieutenant of His Majesty's Tower of London be, and is hereby, required to bring William Viscount Stafford, now Prisoner there, to the Bar of this House in Westminster Hall, on Wednesday the First Day of December, at Nine of the Clock in the Forenoon.

Guards to prevent Tumults.

ORDERED, by the Lords in Parliament assembled, That, during the Trial of the Lord Viscount Stafford, Guards shall be so set at Westminster Hall Gates, as to preserve the Peace, and prevent Noise in the Hall, to the Disturbance of the Lords sitting there; and that the Leads be guarded, to prevent breaking the Windows.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, primum diem Decembris, 1680, hora nona Aurora, Dominis sic decernentibus.