DIE Martis, 13 die Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath et Wells.
Epus. St. David's.
Ds. Præses Concilii Domini Regis.
Ds. Custos Privati (fn. *) 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
"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
"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
"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
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
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