Die Sabbati, 28 Januarii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Comes Sunderland, C. P. S.
Dux Bolton, Camerarius.
Dux Bucks & Nor.
Dux Ancaster, Magnus Camerarius.
Comes De Loraine.
Viscount Say & Seale.
|Ds. Willoughby Er.
Ds. Willughby Br.
Ds. Howard Eff.
E. of Mar & al. Attainder, Bill:
vice lecta est Billa, intituled, "An Act
to attaint John Earl of Mar, William Murray Esquire
commonly called Marquis of Tullibardine, James Earl
of Linlithgow, and James Drummond Esquire commonly called Lord Drummond, of High Treason.
Ordered, That the said Bill be read a Second Time
on Tuesday next.
Message to H. C. for the Names of Persons examined by them in relation to it.
Then, a Message was sent to the House of Commons,
by Mr. Fellowes and Mr. Orlebar:
To desire that they will impart to this House the
Names of such Persons as appeared and were examined
before them in relation to the said Bill.
Counsel and Solicitor assigned Turner, on his Appeal.
Upon reading the Petition of John Turner; praying,
"That this House will assign Mr. Lechmere and Sir John
Cheshire for his Counsel, and Sir George Stonehouse for
his Solicitor, he being admitted by the Court of Exchequer to prosecute there in Forma Pauperis;" as also
upon reading an Affidavit of the Petitioner, "That he
is not worth Five Pounds in the World, his Debts
paid, and Matters in Dispute and Wearing Apparel
It is Ordered, That the Counsel and Solicitor be
assigned for the Petitioner, according to the Prayer of
Message from H. C. with a Replication to E. of Wintoun's Answer.
A Message was brought from the House of Commons, by Mr. Hampden and others:
To acquaint this House, "That they have considered
the Answer of George Earl of Winton, to the Impeachment exhibited against him by the Knights, Citizens,
and Burgesses, assembled in Parliament; and do aver
their Charge against the said George Earl of Winton
for High Treason to be true; and that the said Earl
of Winton is guilty of the High Treason, in such
Manner as he stands impeached; and that the Commons will be ready to prove their Charge against him,
at such convenient Time as shall be appointed for that
Method of proceeding to Judgement on the Six Lords.
The Earl of Clarendon (according to Order) reported
from the Committee of the whole House, to whom it
was referred to consider of the Forms and Methods of
proceeding to Judgement in the Case of the Six Lords
who have pleaded guilty to the Impeachment of the
House of Commons, the several Resolutions and Directions of the Committee.
Which were read; and, with Amendments to some of
them, agreed to by the House; and are as follows;
Address for a Lord High Steward, to be drawn:
"Resolved, That an humble Address be presented to
His Majesty, That He will be pleased to constitute a
Lord High Steward, for the further Proceedings
against James Earl of Darwentwater, William Lord
Widdrington, William Earl of Nithsdaill, Robert Earl
of Carnwath, William Viscount Kenmure, and William
Lord Nairne, who have pleaded guilty to the Impeachment of the House of Commons.
"That an humble Address be presented to His Majesty, That He will be pleased to give Order that
such Guards do attend, on the Day this House shall
give Judgement upon the said Six Lords, as hath
been usual in Cases of Trials.
"And the Committee having directed the Judges to
prepare a Form of a Commission for constituting a
Lord High Steward for this Case, to be laid before
their Lordships for their Approbation, the Judges
prepared a Form accordingly; which the Committee
approved of, and directed the same to be reported to
Which, with an Amendment, was agreed to; as
Form of his Commission.
"Georgius, Dei Gratia, Magnæ Britanniæ, Franciæ,
et Hib'niæ Rex, Fidei Defensor, &c. Prædilecto et
Fideli Consiliario Nostro A. B. &c. Salutem. Cum
Jacobus Comes de Derwentwater, Willielmus Dominus
Widdrington, Will'us Comes de Nithisdale, Georgius
Comes de Winton, Rob'tus Comes de Carnwath, Willielmus Vicecomes Kenmure, et Willielmus Dominus
Nairne, coram Nobis, in præsenti Parliamento, per
Milites, Cives, et Burgenses, in Parliamento Nostro
assemblat. de Alta Proditione, per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium
Comitem de Winton, Rob'tum Comitem de Carnwath,
Willielmum Vicecomitem Kenmure, et Willielmum Dominum Nairn, commiss. et perpetrat. in Nomine ipforum
Militum, Civium, et Burgensium, et Nomine omnium
Communium Regni Nostri Magnæ Britanniæ, impetiti
et accusati existunt; et ipsi prædict. Jacobus Comes de
Derwentwater, Will'us Dominus Widdrington, Will'us
Comes de Nithisdale, Rob'tus Comes de Carnwath,
Will'us Vicecomes Kenmure, et Will'us Dominus Nairn,
coram Nobis, in præsenti Parliamento, de Proditione
prædict. se esse culpabiles separatim cognoverunt:
Nos, considerantes quod Justitia est Virtus excellens
et Altissimo complacens, volentesque quod præd. Jacobus Comes de Derwentwater, Willielmus Dominus
Widdrington, Will'us Comes de Nithisdale, Rob'tus
Comes de Carnwath, Will'us Vicecomes Kenmure, et
Will'us Dominus Nairn, de et pro Proditione unde
ipsi ut præfertur impetit. accusat. et convict. existunt,
coram Nobis in præsenti Parliamento Nostro, secundum Legem et Consuetudinem hujus Regni Nostri
Magnæ Britanniæ, et secundum Consuetudinem Parliamenti, audiantur, sententientur, et adjudicentur,
cæteraque omnia quæ in hac Parte pertinent debito
Modo exerceantur et exequantur; ac pro eo quod
Proceres et Magnates in præsenti Parliamento Nostro
assemblat. Nobis humillime supplicaverunt, ut Senescallum Magnæ Britanniæ pro hac Vice constituere
dignaremur: Nos, de Fidelitate, Prudentia, provida
Circumspectione, et Industria vestris plurimum confidentes, ordinavimus et constituimus vos ex hac Causa
Senescallum Magnæ Britanniæ, ad Officium illud, cum
omnibus eidem Officio in hac Parte debit. et pertinen.
(hac Vice) gerend. occupand. et exercend.; et ideo
vobis mandamus, quod circa Præmissa diligenter intendatis, et omnia quæ in hac Parte ad Officium Senescalli Mag. Britanniæ pertinent et requiruntur hac
Vice faciatis, exerceatis, et exequamini cum Effectu.
In cujus Rei Testimonium, has Literas Nostras fieri
"Teste Meipso, apud Westm. &c."
Method of proceeding to Judgement on the Six Lords.
"That, on the Day of giving Judgement, the whole
Body of the House of Peers meet here in their Robes,
at Eleven of the Clock in the Morning; and that
their Lordships will go down into Westm'r Hall, in
their Robes, in order to their giving such Judgement.
"That the same Method be observed, in going into
Westm'r Hall, as was at the Trial of the Lord
"That the said Six Lords be brought to the Bar together; and that they, or so many of them upon
whom Judgement shall be pronounced, shall receive
Sentence together; which Sentence shall be the same
as is usual in Cases of High Treason.
"That the Articles of Impeachment exhibited by
the House of Commons against the said Six Lords,
and the Earl of Wintoun, and the Answers or Pleas
of the said Six Lords, be read as soon as they are
brought to the Bar.
"That the Lord High Steward be directed to acquaint the said Six Lords, and all other Persons who
may have Occasion to speak to the Court, That they
address themselves to the Lords in general, and not
to the Lord High Steward.
"That the Lord High Steward be also directed to
ask the said Lords, in the usual Manner, If they have
any Thing to offer in Arrest of Judgement.
"That the Counsel assigned to the said several Six
Lords may be present when they are at the Bar, that,
if any Thing is offered in Arrest of Judgement which
the Lords may think proper to hear Counsel upon,
they may be heard.
"That the Lord Great Chamberlain be directed to
take Care that Places behind the Lords be kept for
Peeresses and their Daughters.
"That His Majesty's Surveyor General be required
to view the Court and Scaffolds in Westm'r Hall,
and see that they be strong and firm.
"That, on the Day of giving Judgement, the Avenues to this House be guarded; and Care taken that
none be admitted but Lords Servants, and the necessary Attendants of this House.
"That the Lord Mayor and Sheriffs of the City of
London, as also the Deputy Lieutenants and Justices
of Peace for the County of Middlesex, and the Justices of Peace for the City and Liberties of Westminster, be required to take Care for the safe guarding
of the Gates of the said Cities, and other necessary
Places within their several Jurisdictions, thereby to
prevent the unnecessary Concourse of People resorting to Westminster, and preserving the Peace, during
the Time of the sitting of the Court to give Judgement upon the said Six Lords.
"That all the Constables of Westminster be required
to attend in The Palace Yards at Westminster, on the
said Day, to take Care that all Coaches whatsoever,
when they have set down the Persons they bring, be
turned away through The Old Palace Yard, and so
by Lindsey House, and from thence so that they cannot by any Way return through King Street until
Five in the Afternoon."
Ordered, That the Two several Addresses aforementioned be presented to His Majesty by the Lords
with White Staves.
Sir C. Wren to attend, about Places for Peeresses, &c. at the Trials.
Ordered, That Sir Christopher Wren do attend this
House on Tuesday next, to give an Account what Room
there is in Westm'r Hall for the Peeresses and the
Lords Daughters, and likewise for such Persons as receive the Lords Tickets.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
tricesimum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.