House of Lords Journal Volume 13: 6 December 1680

DIE Lunæ, 6 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.

Lords absent ordered to attend.

The House taking Notice, that some Lords were absent this Day, who were present all the Days of the Trial of the Lord Viscount Stafford, and heard the Evidence; did order, That particular Notice be given presently to the Lords absent, to give their Attendance on this House immediately; or else they are to be sent to The Tower.

E. Dorset sick.

Dr. Frazier, upon Oath made at this Bar, testified, That the Earl of Dorset is so sick, that he cannot at present attend the Service of this House, without Peril of his Health."

A Petition was presented to this House, from the Lord Viscount Stafford; which was read, as followeth:

L. Stafford's Petition for Leave to offer some Matters to clear himself.

"To the Right Honourable the Lords in Parliament assembled.

"The humble Petition of William Viscount of Stafford.

"Humbly shewing unto your Lordships, That he hath some Things to offer unto your Lordships, in order to clear himself; which he hopeth to do.

"Your Petitioner doth therefore with all Humility most humbly beseech your Lordships, to give him Leave to offer some Things unto your Lordships Consideration.

"And your Petitioner shall ever pray, &c.

"Stafford."

No more Evidence to Points of Law already heard.

This Petition was agreed to be read publicly in Westminster Hall.

But the House declared, to hear no more Witnesses nor Counsel to those Points in Law which their Lordships have given Resolutions in.

No Lord to sit near Lord Stafford, Managers, nor Witnesses.

ORDERED, That no Lords do sit near the Prisoner, Managers, nor Witnesses, in Westminster Hall.

The Lord High Steward adjourned this House into Westminster Hall.

Usual Proclamations.

Proclamation was made, to keep Silence.

Proclamation was made, for the Lieutenant of The Tower to bring Viscount Stafford his Prisoner to the Bar; which was done.

L. H. Steward acquainted L. Stafford with the Resolution the House.

The Lord High Steward caused Viscount Stafford's Petition to be read; and told the Prisoner, "That the Lords are come to hear what he hath to say: But gave him to understand, that the Process for hearing any more Witness is closed; and that the Lords have given an Answer already to the Points he mentioned."

L. Stafford heard in his own Defence.

Then the Lord Viscount Stafford made a long Discourse, of no new Matter; but a Repetition of Things he had formerly said.

The Lord High Steward adjourned to the House above.

Absent Lords excused.

Thomas Noye and William Willaston, upon Oath made at the Bar, did aver, "That the Lord Coventry is so sick, that he is not able to give his Attendance on this House, without Danger of his Life."

Upon this, the House excused his Absence.

Thomas Urwin upon Oath, deposed, "That the Earl of Oxon is taken so ill, that he at present is not able to attend this House, without Danger of his Life."

Hereupon the House excused his Absence.

ORDERED, That such Lords as were absent this Day shall give a satisfactory Reason to this House for their Absence.

Question for Adjournment into Westm. Hall, to give Judgement, debated.

Then the House took into Consideration the Matter of the whole Evidence, upon the Trial of the Lord Viscount Stafford in Westminster Hall.

And, after a long Debate, it was moved, "That the House may be adjourned into Westminster Hall presently, to give Judgement on the Lord Viscount Stafford."

The Question was propounded, "Whether to adjourn To-night into Westminster Hall?"

Carried in the Negative.

Then the Question was put, "Whether this Question shall be put?"

The Votes were equal; and so it was carried in the Negative.

Call of the House Tomorrow.

ORDERED, by the Lords in Parliament assembled, That this House shall be called over To-morrow, at Ten of the Clock in the Forenoon.

Wycherley versus Tyler & al.

This House being moved, "That a Day may be appointed, for hearing the Cause at the Bar, wherein Daniell Wicherley is Plaintiff, and George Tyler and others, Tenants of the Manor of Wem, in the County of Salop, are Defendants:"

It is this Day ORDERED, by the Lords in Parliament assembled, That the said Cause shall be heard, by Counsel on both Parts, at the Bar of this House, on Wednesday the Eighth Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said George Tyler and the other Defendants, are to cause timely Notice to be given to the said Daniell Wycherley for that Purpose.

Message to acquaint H. C. that the Lords will give Judgement To-morrow.

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

To acquaint them, that the Lords will be ready to give Judgement on the Lord Viscount Stafford Tomorrow Morning in Westminster Hall, at Ten of the Clock.

Lieutenant of The Tower to bring L. Stafford to Westm. Hall Tomorrow.

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 Tuesday the Seventh Day of this Instant December, at Ten of the Clock in the Forenoon.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, 7^um diem instantis Decembris, hora decima Aurora, Dominis sic decernentibus.