House of Lords Journal Volume 13: 4 December 1680

Pages 700-701

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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Page 700
Page 701

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DIE Sabbati, 4 die Decembris.


Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Rochest'.
Epus. Bath & Wells.
Epus. Exeter.
Epus. Landaffe.
Epus. St. Asaph.
D. Cumberland.
Ds. Cancellarius, L. High Steward pro hac vice.
L. President.
L. Privy Seal.
D. Bucks.
D. Albemarle.
D. Monmouth.
D. Newcastle.
Marq. Worcester.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Rutland.
Comes Huntingdon.
Comes Bedford.
Comes Suffolke.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgewater.
Comes Leicester.
Comes North'ton.
Comes Denbigh.
Comes Bristoll.
Comes Clare.
Comes Westm'land.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Winchelsea.
Comes Carnarvan.
Comes Chesterfeild.
Comes Thannet.
Comes Sunderland.
Comes Scarsdale.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Carlisle.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Comes Shaftsbury.
Comes Guilford.
Comes Sussex.
Comes Feversham.
Comes Hallifax.
Comes Macclesfeild.
Comes Berkeley.
Comes Conway.
Vicecomes Fauconberge.
Vicecomes Newport.
Ds. Mowbray.
Ds. Morley.
Ds. Ferrers.
Ds. Conyers.
Ds. Windsor.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandois.
Ds. Norryes.
Ds. Brooke.
Ds. Grey de Warke.
Ds. Doyncourt.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard Esc.
Ds. Herbert de Cher.
Ds. Leigh.
Ds. Hatton.
Ds. Byron.
Ds. Ward.
Ds. Astley.
Ds. Lucas.
Ds. Rockingham.
Ds. Wootton.
Ds. Holles.
Ds. Cornwallis.
Ds. Crewe.
Ds. Arundell Trer.
Ds. Butler de West.

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


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.

The Lord High Steward adjourned this House into Westminster Hall, to proceed in the Trial of the Lord Viscount Stafford.

Proclamation was made, for keeping Silence.

And Proclamation was made, for the Lieutenant of The Tower to bring forth William Viscount Stafford his Prisoner; who forthwith was brought to the Bar.

L. Stafford sums up his Evidence.

The Lord Viscount Stafford summed up his Evidence.

Managers of H. C. Reply.

The Managers of the Evidence for the House of Commons replied thereunto.

L. Stafford proposes some Points of Law to be argued.

The Lord Viscount Stafford propounded some Points of Law, which he desired his Counsel might be heard to.

The Lord High Steward told the Lord Viscount Stafford, "That he would acquaint the Lords with his "Desires."

The House was adjourned to the House above.

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:

"The Points were:

Points of Law to be argued.

"1. Whether Proceedings ought to be continued from Parliament to Parliament, upon Impeachments?

"2. Whether an Impeachment be to be prosecuted in Parliament, without an Indiftment found by a Grand Jury?

"3. Whether there be any Overt Act alledged against him in the Impeachment?

"4. Whether there ought to be Two Witnesses to prove every Overt Fact, in Point of Treason?"

Judges to declare their Opinion in Westm. Hall.

The House, upon Consideration hereof, thought fit that the Judges should declare their Opinion publicly in Westminster Hall, in the Presence of the Lord Viscount Stafford.

The House was adjourned into Westminster 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,

Judges Opinion.

"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."

All the Judges delivered the same Opinion.

The House was adjourned to the House above.

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.

Message to H. C. to acquaint them with it.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir Samuell Clerke:

To acquaint them, that the Lords have ordered the Lieutenant of The Tower to bring the Lord Viscount Stafford into Westm. Hall on Monday next, at Ten of the Clock.


Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 6um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.