DIE Sabbati, 4 die Decembris.
Domini tam Spirituales quam Temporales præsentes
Epus. Bath & Wells.
Epus. St. Asaph.
Ds. Cancellarius, L. High Steward pro hac vice.
L. Privy Seal.
Comes Dorset & Midd.
Comes St. Albans.
Ds. North & Grey.
Ds. Grey de Warke.
Ds. Howard Esc.
Ds. Herbert de Cher.
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
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
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
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
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
"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,
"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
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 6um diem
instantis Decembris, hora decima Aurora, Dominis sic