It must likewise be admitted, that in the proceeding upon indictment the
High Steward's commission hath never varied from the ancient form in
such cases. The words objected to by the Commons, _Ac pro eo quod
officium Seneschalli Angliae, (cujus praesentia in hac parte requiritur,)
ut accepimus, jam vacat_, are still retained; but this proveth no more
than that the Great Seal, having no authority to vary in point of form,
hath from time to time very prudently followed ancient precedents.
I have already stated the substance of the commission in a proceeding in
the Court of the High Steward. I will now state the substance of that in
a proceeding in the Court of the Peers in Parliament; and shall make use
of that in the case of the Earl of Kilmarnock and others, as being the
latest, and in point of form agreeing with the former precedents. The
commission, after reciting that William, Earl of Kilmarnock, &c., stand
indicted before commissioners of gaol-delivery in the County of Surrey,
for high treason, in levying war against the King, and that the King
intendeth that the said William, Earl of Kilmarnock, &c., shall be
heard, examined, sentenced, and adjudged before himself, in this present
Parliament, touching the said treason, and for that the office of
Steward of Great Britain (whose presence is required upon this
occasion) is now vacant, as we are informed, appointeth the then Lord
Chancellor Steward of Great Britain, to bear, execute, and exercise (for
this time) the said office, with all things due and belonging to the
same office, in that behalf.
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