May 12. 1679.
It is ordered by the Lords Spiritual and Temporal in Parliament assembled, that the Office of a High Steward, upon Tryal of Peers upon Impeachment, is not necessary to the House of Peers; but that the Lords may proceed upon such Tryals if a High Steward be not appointed.
Their Lordships further declared, that a Lord High Steward was made hac vice only; that not∣withstanding the making of a Lord High Steward, the Court remained the same, and was not thereby altered, but still remained the Court of Peers in Parliament.
That the Lord High Steward was but a Speaker, or Chair-man, for the more orderly proceedings at the Tryals.
The Commons took Exception at the words in the Commission of the Lord High Steward for the Tryal of the Earl of Danby; Ac pro eo quod Officium Senescalli Angliae (cujus presentia in hac parte requi∣ritur) ut accepimus jam vacat, and desired that they might be left out; as implying, that the continuing of a Lord High Steward was necessary; and thereupon proposed these words to be inserted (viz.)
Ac pro eo quod Proceres & Magnates in Parliamento nostro Assemblat. Nobis humiliter supplicaverunt ut senescallum Angliae hac vice Constituere digneremus.
To which amendments the Lords did agree: And it was further agreed, that a Commission under Seal for constituting a Lord High Steward for the Tryal of the Earl of Danby should be recalled, and a new Commission, according to the said amendment, to be issued, and to bear date after the said Reso∣lution; and that the like Commission should be issued for the Tryal of the other five Lords.
As to the second Proposition, the Lords did communicate the Resolution of the House of Peers, in haec verba.