House of Lords Journal Volume 13: 1 December 1680

DIE Mercurii, primo die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

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

PRAYERS.

E. of Anglesea versus Morley.

Upon Information given to this House, "That James Morley Esquire, to prevent a Hearing upon a Suit in Ireland, wherein the Lord Privy Seal was concerned, caused an Affidavit to be made, That, on the 30th of October last, he was served with an Order of the 26th of the said Month, to appear at the Bar of this House de Die in Diem, and not to depart without Leave:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Morley be, and is, required to appear at the Bar of this House, To-morrow, at Nine of the Clock in the Forenoon, and bring the said Order with him, if he have any such Order; and hereof he may not fail.

L. Stafford, Counsel assigned.

ORDERED, by the Lords in Parliament assembled, That Mr. Wallop, Mr. Saunders, and Mr. Hunt, be, and are hereby, at the Desire of the Lord Viscount Stafford now Prisoner in The Tower, assigned to be of Counsel for his Lordship in Order to his Defence in Point of Law, upon his Trial on the Impeachment of the House of Commons whereby he is charged with Treason; and that the said Mr. Wallop, Mr. Saunders, and Mr. Hunt, may have free Access to the said Lord Viscount Stafford for that Purpose.

The House was adjourned into Westminster Hall, to proceed in the Trial of the Lord Viscount Stafford; and the Temporal Lords went in their due Places.

Proclamation for Silence, and bringing Prisoner to the Bar.

The Serjeant at Arms made Proclamation for keeping Silence; and another Proclamation for the Lieutenant of The Tower to bring forth the Lord Viscount Stafford his Prisoner to the Bar; which was obeyed.

The House was adjourned from Westminster Hall to the House above.

The Lord High Steward acquainted the House, "That the Lord Viscount Stafford did insist upon Two Particulars, without which he shall not be able to make out his Defence:

L. Stafford's Demands relating to his Defences

"One was, That he have Resort to the Journals of this House, for such Informations as are necessary for his Defence; and that he may have Copies thereof.

"The other was, That he may have Sight of Two Affidavits taken in his Cause before some Justices of the Peace; one, the Affidavit of Steven Dugdale; the other, the Affidavit of Mr. Turbervile: Upon Sight whereof, he hopes to confute the Testimony of Turbervile in Point of Time, which is mistaken.

"The Variation of the Date in Turbervile's Affidavit, the Managers of the Evidence for the Commons admitted; but they declared, That Turbevile having, upon Perusal of some Letters, found his Mistake, he rectified it the very next Morning: But they cannot give any further Answer therein, without resorting to their House."

Over-ru'ed upon the Opinion of the Judges.

After some Debate hereof, the House hearing the Opinion of the Judges, what the Practice in their Courts is, in Cases of the like Nature:

The Judges unanimously declared, "That in their Courts, if a Prisoner is upon a Trial, and the Jury sworn, if the Prisoner desires Evidence which is not in the Power of the Court to command, the Trial is not to be stayed."

The House resolved to do nothing herein, there being no Obligation in Law to concern themselves therein.

Copies out of the Journals ordered him.

Touching the Demand concerning the Lord Viscount Stafford's having such Copies out of the Journal as might (fn. 2) for his Defence; the House was satisfied, that, Two Years ago, his Lordship had an Order of this House granted him, to have what Copies he thought fit for his Defence; of which he not making Use in all this Time, it is his own Fault that he is unprovided now: Yet, their Lordships being willing to afford his Lordship all lawful Helps for his Defence; ORDERED, That he may take Copies of what he desires out of the Journals.

The House was adjourned into Westminster Hall.

L. H. Steward acquaints L. Stafford with the Lords Resolution.

The Lord High Steward told the Lord Viscount Stafford, "That the Lords have considered of his Desires; and as to his Demand of seeing the Journal Books, it was granted him Two Years ago; and if he had not Copies of what he desires in all this Time, it was his own Fault; however their Lordships will Command the Journal to be brought hither To-morrow.

"As for the other Desire, Their Lordships conceive there is no Obligation in Law for them to concern themselves in that Matter; if he wants them, he must do as well as he can."

The Lords proceeded in the Trial.

L. Stafford desires another Day for his Defence.

And, after much Time spent, the Lord Viscount Stafford humbly desired another Day, to make his Defence.

The Lord High Steward told him, "He should know the Pleasure of the House therein."

The House was adjourned to the House above.

Resolved to proceed Tomorrow.

ORDERED, That this House will proceed upon the Trial of the Lord Viscount Stafford To-morrow Morning, at Ten of the Clock.

ORDERED, by the Lords in Parliament assembled, That the Lieutenant of The 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 Thursday the Second 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 let them know, that the Lords have ordered the Lieutenant of The Tower to bring the Lord Viscount Stafford to the Bar in Westminster Hall To-morrow Morning, at Ten of the Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, secundum diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.