House of Lords Journal Volume 13
27 December 1678

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 27 December 1678', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 440-441. URL: http://british-history.ac.uk/report.aspx?compid=11637 Date accessed: 27 November 2014.


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DIE Veneris, 27 die Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Petrib.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Gloucester.
Epus. Bath & Wells.
Epus. Bangor.
Epus. Landaff.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Dux Cumberland.
Ds. Cancellarius.
Ds. Thesaurarius Angl.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Dorset & Midd.
Comes Salisbury.
Comes Bridgwater.
Comes Leycester.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stamford.
Comes Carnarvon.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Shaftesbury.
Comes Guilford.
Comes Feversham.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport.
Ds. Delawar.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrers.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. North & Grey.
Ds. Chandos.
Ds. Norris.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Cornwallis.
Ds. Delamer.
Ds. Freschevile.
Ds. Arundell T.
Ds. Butler M. P.

PRAYERS.

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 Bail?"

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 returned.

Judges Opinions.

Then the Lord Chief Justice, for himself and his Brethren, gave these unanimous Answers to the said Questions; (videlicet,)

"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 concerned?"

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.

"Dissentientibus,

"Buckingham.
Winchester.
Derby.
"Stamford.
"Shaftesbury.
Clare. "Grey.
P. Wharton.
Halifax.
"C. Cornwallis.
"Grey Werke.
"Delamer.
Westmorland.
"J. Lovelace.
Howard."

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 Behalf.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 28um diem instantis Decembris, hora nona Aurora, Dominis sic decernentibus.