The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 11 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
In the case of the Earl of Danby and the Popish lords then under
impeachments, the Lords,[84] on the 6th of May, 1679, appointed time and
place for hearing the Earl of Danby, by his council, upon the validity
of his plea of pardon, and for the trials of the other lords, and voted
an address to his Majesty, praying that he would be pleased to appoint
an High Steward for those purposes. These votes were, on the next day,
communicated to the Commons by message in the usual manner. On the 8th,
at a conference between the Houses upon the subject-matter of that
message, the Commons expressed themselves to the following
effect:--"They cannot apprehend what should induce your Lordships to
address his Majesty for an High Steward, for determining the validity of
the pardon which hath been pleaded by the Earl of Danby, as also for the
trial of the other five lords, because they conceive the constituting
an High Steward is not necessary, but that judgment may be given in
Parliament upon impeachment without an High Steward"; and concluded with
a proposition, that, for avoiding any interruption or delay, a committee
of both Houses might be nominated, to consider of the most proper ways
and methods of proceeding. This proposition the House of Peers, after a
long debate, rejected: _Dissentientibus_, Finch,[85] Chancellor, and
many other lords. However, on the 11th, the Commons' proposition of the
8th was upon a second debate agreed to; and the Lord Chancellor, Lord
President, and ten other lords, were named of the committee, to meet and
confer with a committee of the Commons. The next day the Lord President
reported, that the committees of both Houses met that morning, and made
an entrance into the business referred to them: that the Commons desired
to see the commissions that are prepared for an High Steward at these
trials, and also the commissions in the Lord Pembroke's and the Lord
Morley's cases: that to this the Lords' committees said,--"_The High
Steward is but Speaker pro tempore, and giveth his vote as well as the
other lords; this changeth not the nature of the court_; and the Lords
declared, they have power enough to proceed to trial, though the King
should not name an High Steward:[86] that this seemed to be a
satisfaction to the Commons, provided it was entered in the Lords'
Journals, which are records." Accordingly, on the same day, "_It is
declared and ordered by the Lords Spiritual and Temporal in Parliament
assembled, that the office of an High Steward, upon trials of peers upon
impeachments, is not necessary to the House of Peers; but that the Lords
may proceed in such trials, if an High Steward be not appointed
according to their humble desire._"[87] On the 13th the Lord President
reported, that the committees of both Houses had met that morning, and
discoursed, in the first place, on the matter of a Lord High Steward,
and had perused former commissions for the office of High Steward; and
Public-domain text, read in full here on John Shaqi.
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