concluding Conference having agreed to the Bill without further amendments and therefore desir'd the concurrence of the Commons Thus at length the Commons agreed to the amendments made by the Lords and sent a message to acquaint the Lords therewith This was done upon the fourteenth day of this month But upon the sixteenth a Message was sent by the Lords to acquaint the Commons that the night before the Earl of Danby had render'd himself to the Gentleman Usher of the Black Rod and that being call'd to the Bar they had sent him to the Tower Thereupon a Committee was appointed to prepare and draw up further Evidence against him and such further Articles as they should see cause Soon after his Majesty was pleas'd to dissolve his Privy Council and to make another consisting of no more than thirty persons And for the management of the Treasury and Navy five Commissiones were appointed for the Treasury and seven for the Admiralty Then the Commons took into consideration the disbanding of the Army and having voted a supply of 264602 l. 17 s. 3 d. to that intent they then voted that Sr. Gilbert Gerrard Sr. Thomas Player Coll. Birch and Coll. Whitley should be Commissioners to pay the disbanded forces off But now to return to the Earl of Danby upon the 25th of this month a message was sent by the Lords to acquaint the Commons that the said Earl had that same day personally appear'd at the Bar of their House and had put in his plea to the Articles of Impeachment against him The Articles were these as they were deliver'd into the House of Lords in the name of the Commons of England by Sir Henry Capel December 23. 1678. I. That he had traiterously encroacht to himself Regal Power by treating in matters of Peace and War with Foreign Ministers and Embassadors and giving instructions to his Majesties Embassadors abroad without communicating the same to the Secretaries of State and the rest of his Majesties Council against the express Declaration of his Majesty in Parliament thereby intending to defeat and overthrow the provision that has been deliberately made by his Majesty and his Parliament for the safety and preservation of his Majesties Kingdoms and Dominions II. That he had traiterously endeavour'd to subvert the ancient and well-establish'd form of Government of this Kingdom and instead thereof to introduce an Arbitrary and Tyrannical form of Government and the better to effect this his purpose he did design the raising of an Army upon pretence of a war against the French King and to continue the same as a standing Army within this Kingdom and an Army so rais'd and no war ensuing an Act of Parliament having past to disband the same and a great sum of money being granted for that end he did continue the same contrary to the said Act and mis-imploy'd the said money given for the disbanding to the continuance thereof and issued out of his Majesties Revenues great sums of money for the said purpose and wilfully neglected to take security of the Pay-master of the Army as the said Act required whereby the said Law is eluded and the Army yet continued to the great danger and unnecessary charge of his Majesty and the whole Kingdome III. That he trayterously intending and designing to alienate the hearts and affections of his Majesties good Subjects from his Royal Person and Government and to hinder the meeting of Parliaments and to deprive his Sacred Majesty of their safe and wholsom counsel and thereby to alter the constitution of the Government of this Kingdom did propose and negotiate a peace for the French King upon terms disadvantagious to the Interest of his Majesty and Kingdom For the doing whereof he did procure a great sum of money from the French King for enabling him to maintain and carry on his said traiterous designs and purposes to the hazard of his Majesties Person and Government IV. That he is Popishly affected and hath traiterously concealed after he had notice the late horrid and bloody Plot and Conspiracy contriv'd by the Papists against his Majesties Person and Government and hath suppress'd the Evidence and reproachfully discountenanc'd the Kings Witnesses in the Discovery of it in favour of Popery immediately tending to the destruction of the Kings Sacred Person and the subversion of the Protestant Religion V. That he hath wasted the Kings Treasure by issuing out of his Majesties Exchequer several branches of his Revenue for unnecessary Pensions and secret services to the value of 〈…〉 within two years and that he hath wholly diverted out of the known method and Government of the Exchequer one whole branch of his Majesties Revenue to private Uses without any accompt to be made of it to his Majesty in his Exchequer contrary to an express Act of Parliament which granted the same And he hath removed two of his Majesties Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable actings therein and to advance money upon that branch of the Revenue for private uses VI. That he hath by indirect means procured from his Majesty to himself divers considerable gifts and Grants of Inheritances of the ancient Revenues of the Crown contrary to Acts of Parliament For which matters and things the Knights Citizens and Burgesses of the Commons in Parliament do in the name of themselves and of all the Commons of England impeach the said Thomas Earl of Danby Lord High Treasurer of England of High Treason and other high Crimes Misdemeanors and Offences in the said Articles contained And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other accusation or Impeachment against the said Earl and also of replying to the answers of which the said Thomas Earl of Danby shall make to the Premises or any of them or any Impeachment or Accusation which shall be by them exhibited as the cause according to proceedings of Parliament shall require Do pray that the said Thomas Earl of Danby may be put to answer all and every the Premises that such proceedings Tryals Examinations and Judgements may be upon them and every one of them had and used as shall be agreeable to Law and Justice and that he may be sequester'd from Parliament and forthwith committed to custody To these Articles the Earl of Danby soon after put in his Plea as follows The Plea of the Earl of Danby late Lord high Treasurer of England to the Articles of Impeachment and other High Crimes Misdemeanors and Offences Exhibited against him by the name of Thomas Earl of Danby Lord High Treasurer of England THE said Earl for Plea saith and humbly offers to your Lordships as to all and every the Treasons Crimes Misdemeanors and Offences contained or mention'd in the said Articles That after the said Articles exhibited namely the first of March now last past the Kings most excellent Majesty by his most gracious Letters of Pardon under his
attempt the killing of the same Prelate in the chief street of Edenburgh in the face of the Sun and of all the multitude Who dying for the fact and with an obdurate and sear'd zeal owning and justifying the fact led others so far astray into the violation of the Law of Nature that upon the third of this month deluded Devotion adventur'd to murther the Arch-bishop in the ensuing manner The Arch-bishop it seems was returning in his Coach from a Village in Fife called Kennoway toward the City of St. Andrews it self and was got within two miles of the place near to another small village called Magus There it was that the Coachman having spy'd several Horsemen gave his Lord notice of them and ask'd him whether he should not drive faster But the Arch-bishop not dreading any harm thought it not convenient to mend his pace When they drew near the Arch-bishops daughter look'd out and seeing them with Pistols in their hands cry'd out to the Coach-man to drive on And he had certainly out-driven them had not one Balfour of Kinlock being mounted upon a very fleet horse cunningly got before the Coach into which they had already discharg'd several shot in vain This Balfour finding he could not wound the Coachman because the Coach-mans whip frighted his Horse wounded the Postillian and disabled the fore horses Upon which the rest coming up one of them shot the Arch-bishop with a Blunderbuss as he sate in the Coach while others reproachfully call'd to him in these words Come forth vile Dog who hast betray'd Christ and his Church and receive what thou hast deserv'd for thy wickedness against the Kirk of Scotland While he was in the Coach one ran him through with a Sword under the shoulder the rest pulling him violently out of the Coach His daughter went out fell upon her knees and beg'd for mercy to her father but they beat her and trampl'd upon her The Primate with an extraordinary calmness of spirit said to 'em Gentlemen I know not that I ever injur'd any of you and if I did I promise ye I will make you what reparation you can propose To which they return'd no better Language than this Villain and Judas Enemy to God and his people thou shalt now have the reward of thy enmity to Gods people which words were follow'd with many mortal wounds of which one was a deep one above his eye He labour'd to make them apprehensive that he was a Minister and pulling off his Cap shew'd them his grey hairs intreating them withal that if they would not spare his life yet that they would at least allow him some little time for prayer But their barbarous and inhumane answer was That God would not hear so base a Dog as he was and as to the desire of Quarter they told him That the strokes they were then about to give were those which he was to expect Notwithstanding all which inhumane usage and a shot that pierc'd his body above his right Pap and several blows that cut his hands while he was holding them up to Heaven in prayer he rais'd himself upon his knees and utter'd these few words God forgive you all After which by reason of many gashes that cut his scull in pieces he fell down dead At which time some of the Murtherers believing that they heard him groan return'd saying he was of the nature of a Cat and therefore they would go back and hack him a little better for the Glory of God And so having stirr'd about his brains with the points of their Swords they took an oath of the servants not to reveal their names and then bidding them take up their Priest they rode back to Magus crying out aloud That Judas was kill'd and from thence made their escape All this while at London the Parliament continue their prosecution of the Earl of Danby and in order thereunto the lower House resolve that the Pardon of the Earl of Danby was illegal and void and not to be allow'd in Bar of the Impeachment of the Commons of England Thereupon the whole House with the Speaker went up to the Lords to whom the Speaker made this following Address My Lords The Knights Citizens and Burgesses in Parliament assembled are come up to demand Judgement in their own names and in the names of all the Commons of England against Thomas Earl of Danby who stands by them impeach'd before your Lordships of High Treason and diverse high Crimes and Misdemeanors To which he has pleaded a Pardon which Pardon the Commons conceive to be illegal and void and therefore they do demand Judgement accordingly Thereupon the Lords appointed a short day for hearing the Earl what he could say to make good the plea of his Pardon Nor was his Majesty himself less careful of the safety of the Nation who finding or at least fore-seeing the ill consequences of these continu'd debates thereupon sent a Message to the Commons wherein he desir'd them to secure the Fleet to proceed in the discovery of the Plot the Tryal of the Lords in the Tower and the Bill for securing the Protestant Religion For all which they appointed a certain day of consideration but before they proceeded they made an Address to his Majesty against the Duke of Lauderdale as a person who being in high trusts and employments about his Majesty had by his arbitrary and destructive Counsels tending to the subversion the rights and liberty of of the subject endeavour'd to alienate the hearts of his Majesties good subjects from his Majesty and Government and more particularly had contriv'd and endeavour'd to raise jealousies and misunderstandings between England and Scotland And therefore they most humbly besought his Majesty to remove him from his Counsels both in Scotland and England from all Offices Imployments and places of Trust and from his Majesties presence for ever And to shew that they did not this out of disobedience but affection presently after they declar'd in a full house That in defence of his Majesties person and the Protestant Religion they would stand by his Majesty with their lives and fortunes and that if his Majesty should come to any untimely end which God forbid they would revenge it to the utmost upon the Papists And now the Bill for the disbanding of the Army being compleated and having pass'd both Houses was confirm'd and receiv'd its last consummation by the Kings Royal Assent So that the Commissioners appointed by the house for that purpose had liberty to attend that particular service In the mean time the Commons perceiving that there was a day appointed for the Earl of Danby to make good the plea of his Pardon by Council order'd that no Commoner should presume to maintain the validity of the Pardon pleaded by the said Earl without the consent of the House and that the person so doing should be accompted a betrayer of the liberty of the Commons of England Next day the Earl appear'd and put in his
Petition into the House of Lords wherein he set forth that he was then attending their Lordships according to Order and expected to have met the Council assign'd him by their Lordships but that he had receiv'd a Message from every one of them that they durst not appear to argue for him by reason of a Vote which the house pass'd yesterday Who thereupon order'd that the Petition should be communicated to the House at the next Conference to know of them whether any such Vote were by them made or no. But here arose a new debate concerning the Bishops which much entangled the interest of the Earl of Danby and the other five Lords in the Tower in reference to their Tryals for the Commons would not prosecute the latter before the first nor the first before such and such things were concluded So that it will be necessary to relate the proceedings of both Houses against the Lords which at length happen'd to be the occasion that neither the one nor the other came to their Tryals as was expected The House having pass'd five resolves for the Impeaching Henry Lord Arundell of Warder William Earl of Pomis John Lord Bellasis William Viscount Stafford and William Lord Peter of Treason and several other Misdemeanors the same day five several Impeachments were accordingly carried up to the Lords but they did not desire they should be sequester'd from Parliament and committed to custody because they were at the same time under restraint in the Tower The Impeachments were first in general That for many years last past there had been contriv'd carried on a trayterous execrable Conspiracy and Plot within this Kingdom of England other places to alter change and subvert the ancient Government Laws of this Kingdom Nation to suppress the true religion therein establish'd to extirpate destroy the professors thereof which said Plot and Conspiracie was Contrived and carried on in divers places and by several ways and means and by a great number of Persons of several Qualities and Degrees who acted therein and intended to execute and accomplish the aforesaid wicked and traiterous designs and purposes That the said five Lords together with Philip Howard commonly called Cardinal of Norfolk and divers others Jesuits Priests and Friers and other Persons as false Traitors to his Majesty and this Kingdom within the time aforesaid had traiterously consulted contriv'd and acted to and for the accomplishing of the said wicked pernicious and traiterous Designs and for that end did most wickedly and traiterously agree conspire and resolve to imprison depose and murther his sacred Majesty to deprive him of his Royal State Crown and Dignity and by malicious and unadvised Speaking Writing and otherwise declared such their purposes and intentions To subject this Kingdom and Nation to the Pope and his Tyrannical Government To seize and share among themselves the Estates of his Majesties Protestant Subjects To erect and restore Abbeys Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom supprest for their Superstition and Idolatry to deliver up and restore to them the Lands and possessions now invested in his Majesty and his Subjects by the Laws and Statutes of this Realm That the said Conspirators their Accomplices and Confederates had and held several Meetings Assemblies and Consultations wherein it was contriv'd and design'd among them what means should be used and what Persons and Instruments imployed to murder his Majesty and did then and there resolve to effect it by Poysoning Shooting Stobbing or some such like ways and means offer'd rewards and promises of advantage to several Persons to execute the same and hir'd and employed several wicked Persons to Windsor and other places where his Majesty did reside to destroy and murther his Majesty which said Persons accepted such rewards and undertook the perpetrating thereof and did actually go to the said places for that end and purpose That the said Conspirators had procur'd accepted and deliver'd out several Instruments Commissions and Powers made and granted by or under the Pope or other unlawful and usurping Authority to raise Mony Men and Arms and other things necessary for their wicked and traiterous Designs namely to the said Henry Lord Arundel of Warder to be Lord High Chancellor of England to the said William Lord Powis to be Lord Treasurer of England to the Lord Bellasis to be General to the Lord Petre to be Lieutenant General to the Lord Stafford to be Paymaster of the Army That in order to encourage themselves in prosecuting their said wicked Plots Conspiracies and Treasons and to hide and hinder the discovery of the same and to secure themselves from Justice and Punishment the Conspirators and Confederates aforesaid did cause their Priests to administer an Oath of Secrecy together with the Sacrament and upon Confessions to give them Absolutions upon condition that they did conceal the Conspiracy That the better to compass their traiterous Designs they had consulted to raise and had procur'd and rais'd Men Money Horse Arms and Ammunitions and had made applications to and treated and corresponded with the Pope his Cardinals Nuncio's and Agents and with other forreign Ministers and Persons to raise tumults within the Kingdom and invade the same with forraign Forces to surprize seize and destroy his Majesties Navy Forts Magazines and Places of Strength to the ruine and destruction of the Nation That when Sir Edmund-Bury Godfrey a Justice of Peace had according to the duty of his Oath and Office taken several Examinations and Informations concerning the said Conspiracy and Plot the said Conspirators or some of them by the advice councel and instigation of the rest did incite and procure divers persons to lye in wait and pursue the said Sir Edmund-Bury several days with intent to Murder him which at last was prepetrated and effected by them That after the said Murther and before the body was found or the Murther known to any but the Accomplices the said Persons falsly gave out that he was a-live and privately Married and after the Body was found dispersed a false and malicious report that he had Murthered himself Which said Murther was committed with a design to stifle and suppress the Evidence he had taken and had knowledge of and to discourage and deter Magistrates and others from acting in the farther discovery of the said Plot and Conspiracy That of their farther malice they had wickedly continued by many false suggestions to lay the guilt and imputation of the aforesaid Horrid and Detestable Crimes upon the Protestants that so they might escape the punishments they had justly merited and expose the Protestants to great scandal and subject them to Persecution and Oppression in all Kingdoms and Countries where the Roman Religion is receiv'd and professed All which Treasons Crimes and Offences were contriv'd committed perpetrated acted and done by the said Lords and every of them and others the Conspirators against our Soveraign
Lord the King his Crown and Dignity and against the Laws and Statutes of the Kingdom Of all which Treasons Crimes and Offences the Knights Citizens and Burgesses in Parliament Assembled did in the Name of themselves and of the Commons of England impeach the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis and every of them And the said Commons saving to themselves the Liberty of Exhibiting at any time hereafter against other Accusations or Impeachments against the said Lords and every of them and also of Replying to the Answers which they and every of them should make to the premises or any of them or to any other Accusation or Impeachment which should be by them exhibited as the cause according to course and proceedings of Parliament should require did pray that the said Lords and every of them should be put to Answer all and every the Premises and that such Proceedings Examinations Tryals and Judgments might be upon them and every of them had and used as should be agreeable to Law and Justice and course of Parliament The Articles of Impeachment being drawn up and finish'd and carri'd up to the Lords House the Lieutenant of the Tower was ordered to bring up the Prisoners to the Bar where after they had kneeled awhile they were order'd to stand up and hear their Charge which when they had heard the Lord Chancellor ask'd them what they had to say for themselves letting them know withal that his Majesty would appoint a Lord High Steward for their Tryals Thereupon the Lords impeach'd made several requests in order to their several Defences upon their Tryals and then withdrew for a time After the House had taken their requests into consideration they were called in again and the Lord Chancellor gave them to understand that the several Endictments found against them by the Grand Jury should be brought into that Court by Writ of Certiorari and that they might have Copies of the Articles of Impeachment and should have convenient time given them to send in their respective Answers thereunto All this while the Lord Bellasis had not appeared at the Bar it being sworn that he was so ill that he could not stir out of his bed which reasonable excuse was allow'd for the time Not long after a Message was sent from the Lords to acquaint the Commons that the Lords impeach'd had all except the Lord Bellasis brought up their Answers to the Charge exhibited against them and that their Lordships had sent them the Originals desiring to have them return'd Soon after it was found that the Lord Bellasis had sent in his Answer without Appearance which occasion'd a great Debate Whether by his not appearance he had been Arraign'd or no and whether his Answer were legal The consideration of which business was referr'd to the Committee of Secrecy as also to look into the Answers of the five Lords to consider of the Methods of Proceedings upon Impeachments and to Report their Opinions Which were That the Lord Bellasis being Impeach'd of High Treason by the Commons could not make any Answer but in person And that the several Writings put in by the other Lords which they call'd their Pleas and Answers were not Pleas or Answers but Argumentative and Evasive to which the Commons neither could nor ought to reply That though the Answers of the other four Lords were sufficient yet that there ought not to be any Proceedings against them until the Lord Bellasis had put in a sufficient Answer in person That the Commons should demand of the Lords that their Lordships would forthwith order and require the said Lords to put in their perfect Answers or in default thereof that the Commons might have Justice against them Thereupon it was order'd by the Commons That a Conference should be desir'd with the Lords touching the Answers of the five Lords in the Tower and that the Managers thereof should acquaint their Lordships that they intended to make use of no other Evidence against the five Lords then for matter done within seven years last past desiring their Lordships withal to appoint a short day for the said five Lords to put in their effectual Pleas and Answers to the Articles of Impeachment But e're this Conference could be had a Message came from the Lords to acquaint the House That John Lord Bellasis had that day appear'd in person at the Bar of the House and had put in his Answer to the Articles of Impeachment which they had accordingly sent them The next day came another Message from the Lords to acquaint them That the Lords Powis Stafford and Arundel had appear'd likewise at the Bar and had retracted their former Pleas and had put in their Answers which they had also sent for them to view and consider All which Answers were by the Commons referr'd to the Secret Committee What these Answers were may be easily seen by that of the Lord Petre's here inserted For as their Crimes were the same so their Defences could not vary much either in sence or matter The Lord Petre's Answer to the Articles of Impeachment THE said Lord in the first place and before all other protesting his Innocency c. The said Lord doth with all humility submit himself desiring above all things the Tryal of his Cause by this most Honourable House so that he may be provided to make his just Defence for the clearing of his Innocency from the Great and Hainous Crimes charged against him by the said Impeachment This being prayed as also liberty to Correct Amend and Explain any thing in the said Plea contained which may any ways give this Honourable House any occasion of Offence which he hopes will be granted The said Lord as to that part of the Impeachment that concerns the matter following Namely That for divers years last past there had been contrived and carryed on by the Papists a most traiterous and execrable Conspiracy and Plot within this Kingdom of England and other places to alter and subvert the Antient Government and Laws of this Kingdom and Nation and to suppress the true Religion therein Establisht and to extirpate and destroy the Professors thereof and that the said Plot and Conspiracy was contrived and carryed on in divers places and by several ways and means and by a great number of several Persons of Qualities and Degrees who acted therein and intended thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes That the said William Lord Petre and other Lords therein named together with several other persons therein likewise named and mentioned as false Traitors to his Majesty and Kingdom within the time aforesaid have traiterously acted and consulted to and for the accomplishing of the said wicked pernicious and traiterous Designs and to that end did most wickedly and traiterously Agree Consult Conspire and Resolve to Imprison Depose and Murther His Sacred Majesty and deprive