DIE Veneris, 27 die Decembris.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.|
Epus. Bath & Wells.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
L. Great Chamberlain.
Comes Dorset & Midd.
Comes St. Alban.
Ds. De Grey.
Ds. North & Grey.
Ds. Grey de Wark.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Gerard B.
Ds. Arundell T.
Ds. Butler M. P.
Lords take the Oaths.
This Day Thomas Earl of Stamford and William Lord
Bishop of Landaff took the Oaths of Allegiance and
Supremacy, and made and subscribed the Declaration,
in Pursuance of the Act for the more effectual preserving the Person of His Majesty and His Government, by
disabling Papists from sitting in either House of Parliament.
To prevent Minors clandestine Marriages, Bill.
ORDERED, That on Monday next the House be put
into a Committee, to consider of the Bill against clandestine Marriages.
Debate about the E. of Danby's Commitment.
The House entering into Consideration of the Debate
adjourned to this Day, concerning the Lord Treasurer,
"Whether, upon the Impeachment brought from the
House of Commons against him, he shall be committed?"
After a long Debate thereof, Two Questions were
proposed to the Judges who were present:
"1. Whether the Judges do not always commit, or
take Bail, upon an Accusation in due Form of Misprision of Treason?
"2. Whether, if any Person shall be indicted by
Grand Jury of Misprision of Treason, the Judges are
not in Justice obliged to commit him without taking
The Lord Chief Justice of the Court of King's Bench
desired, "That he and his Brethren might consult
before they give their Answer, that so they may come
and give an unanimous Opinion."
Whereupon they withdrew; and after a little while
Then the Lord Chief Justice, for himself and his
Brethren, gave these unanimous Answers to the said
"To the First: That the Court of King's Bench
upon an Accusation of Misprision of Treason, do always commit, or take Bail, as they think fit.
"To the Second: That the Court of King's Bench
may bail him."
Then it was proposed to the said Judges, "Whether the Judges can bail any Person, in the Case of
Misprision of Treason, wherein the King's Life is
To which the Lord Chief Justice of the King's Bench
presently gave his Opinion, "That the Court of King's
Bench may take Bail for High Treason of any Kind,
if they see Cause."
Then the Lord Chief Justice of the Court of Common Pleas, Justice Windham, Justice Bertie, Justice
Jones, and Baron Brampston, gave severally their Opinions, to the same Effect.
Then the Question being put, "Whether Thomas
Earl of Danby, Lord High Treasurer, who
stands impeached by the House of Commons,
shall be now committed?"
It was Resolved in the Negative.
Protest against not committing him.
To put in his Answer, and have Counsel &c.
Whereas Thomas Earl of Danby, Lord High Treasurer of England, stands impeached, by the House of
Commons in Parliament assembled, in their own Names,
and in the Name of all the Commons of England, of
High Treason, and other high Crimes, Misdemeanors,
and Offences; and the House of Commons have exhibited to this House several Articles, wherein the said
High Treason, and other high Crimes, Misdemeanors,
and Offences, are specified and contained:
Upon Consideration had thereof, it is ORDERED,
by the Lords Spiritual and Temporal in Parliament assembled, That the said Earl of Danby may
have a Copy of the said Articles of Impeachment; to
which he is hereby appointed to put in his Answer in
Writing on or before Friday the Third Day of January
next: And it is further ORDERED, That the said Earl
of Danby may have Counsel to assist him in Point of
Law in his Defence, if his Lordship think fit.
Kelly to be attached, for Sir Ed. Bury Godfrey's Murder.
Upon Information given to this House, "That Dominick Kelley is charged to be guilty of the Murder of
Sir Edmond Bury Godfrey:"
It is ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Serjeant at Arms
attending this House, or his Deputy or Deputies, shall
forthwith attach the Body of the said Dominick Kelley,
and bring him in safe Custody to the Bar of this House,
to answer to the said Charge; and this shall be a sufficient Warrant on that Behalf.
To Sir George Charnock Knight, Serjeant
at Arms attending this House, his Deputy and Deputies, and to all His Majesty's Officers Civil and Military, to
be aiding and assisting in this Service.
L. Dunbat, Leave to come to Town.
This House being moved, "That, the Lady Dunbar
being sick in Town, the Lord Dunbar her Husband
(who, in Obedience to His Majesty's late Proclamation,
hath left the Cities of London and Westm.), may have
Leave to come to Town, to visit his Lady:"
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That the Lord
Dunbar be, and is hereby, authorized and permitted
to come to and stay in Town, with his Lady during her
Sickness: And this shall be a sufficient Warrant on that
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 28um
diem instantis Decembris, hora nona Aurora, Dominis