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 Sabbati, 4 die Decembris.
Darcy versus Darcy.
Upon reading the Petition of James Darcy and Christopher Darcy Esq.; shewing, "That they were, by an Order of this House of the 26th of November last, ordered to put in their Answer to the Petition of Sir William Darcy, depending in this House, on or before Monday next; which they cannot so soon do, being Infants when the said Lands were purchased, and knowing nothing of the Transactions between Sir William Darcy and the Petitioners Father, and their Writings being in Yorkshire (as in the Petition is suggested):"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Darcy and Christ. Darcy have hereby Time given them, for putting in their Answer, or respective Answers, till the First Day of the Sitting of the Parliament after Christmas Holidays now next coming.
Sir O. Boteler versus Attorney General, in Error.
Whereas this House had appointed to hear Counsel on Monday next, to argue the Errors upon Sir Oliver Boteler's Writ of Error, whereby a Judgement of the Court of Chancery, for vacating His Majesty's Letters Patents concerning a Market and Fair at Chatham in Kent, is brought into this House:
It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar of this House, on Saturday the Eleventh of this Instant December, at Nine of the Clock in the Forenoon; whereof all Parties concerned are to take Notice, and attend accordingly.
House adjourned to Westm. Hall to the Trial.
L. Stafford sums up his Evidence.
Managers of H. C. Reply.
L. Stafford proposes some Points of Law to be argued.
Then the Lord High Steward gave the House an Account, "That, after the Lord Viscount Stafford had summed up his Evidence, and the Managers for the House of Commons had replied; his Lordship propounded some Points in Law, arising out of the Matter of Fact, to which he desired to be heard by his Counsel:
Points of Law to be argued.
Judges to declare their Opinion in Westm. Hall.
L. Stafford acquainted with the Resolution of the Lords.
Then the Lord High Steward told the Lord Viscount Stafford, "That the Lords had considered of One of his Points, touching the Necessity of Two Witnesses to prove every Overt Act of Treason; and have appointed the Judges to declare their Opinion therein; which they did, videlicet,
"That, if there be several Overt Facts, each of which are Evidence of the same Treason for which a Man is indicted, and there be one Witness that proves one of those Facts only, and another that proves another of those Facts, and in several Places; yet these Witnesses are Two Witnesses, sufficient to prove the Treason in the Indictment, within the Meaning of the Statute that requires Two Witnesses; and this hath been resolved often, and never doubted in any Court of Justice."
Points of Law considered, and Opinion of the House thereupon.
The House took into Consideration, what Answer to give to the Lord Viscount Stafford's other Points; and ORDERED, That the Lord Viscount Stafford's Counsel shall not be heard, touching the Continuance of Impeachments from Parliament to Parliament; nor whether an Impeachment be to be prosecuted in Parliament without an Indictment first found by a Grand Jury: And whereas the House hath been informed, "that his Lordship desired to be heard, whether Words do amount to an Overt Act;" their Lordships do not think fit to hear Counsel on that Point, for that they have no such Point before them.
Lieutenant of The Tower to bring L. Stafford to Westm. Hall on Monday.
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 Monday the Sixth Day of December Instant, at Ten of the Clock in the Forenoon.