Lordships thereof 16 Apr. 79. A Message from the Lords Mr. Speaker We are Commanded by the Lords to Acquaint this House that the Earl of Danby last Night Rendred himself to the Gentleman Usher of the Black Rod who brought him this day to the Bar of their House Their Lordships have sent him to the Tower 17 Apr. 79. A Committee appointed to prepare and draw up Evidence against Thomas Earl of Danby and to draw up further Articles against the said Earl as they shall see cause and they are to sit de die in diem 25 Apr. 79. A Message from the Lords To Acquaint the House that Thomas Earl of Danby hath this day appeared in Person at the Bar of their House and hath put in his Plea to the Articles of Impeachment which the Lords have sent to this House Resolved that it be referred to the Committee of Secrecy to Examine the Matter of the Plea of the Earl of Danby and to enquire how Presidents stand in Relation to the Pardon and in what manner and by what means the same was obtained May 8. 79. Post Meridiem A Message from the Lords April 9. 1679. To Acquaint the House that they had demanded of the Earl of Danby whether he would Rely upon and Abide by the Plea of his Pardon And the Earl Answered by word of Mouth only as followeth The Plea which I have put in was put in by the Advice of my Councel And my Councel tells me that my Pardon is a very good Pardon in Law and Advis'd me to insist upon my Plea put in which I now do And desire that my Councel may be Heard to make out the validity of my Pardon May 5. 79. Resolved That it is the Opinion of this House that the Pardon pleaded by the Earl of Danby is illegal and void and ought not to be allowed in bar of the Impeachment of the Commons of England Resolved That the whole House will go up to the Lords Bar And demand their Judgment against the Earl of Danby for that the Pardon by him pleaded is illegal and invalid and ought not to bar or preclude the Commons from having Justice upon their Impeachment Accordingly Mr. Speaker with the whole House went up to the Bar of the Lords House and spake as followeth My Lords The Knights Citizens and Burgesses in Parliament Assembled Are come up to demand Judgment in their own Names and in the Names of all the Commons of England against Thomas Earl of Danby who stands Impeacht by them before your Lordships of high Treason and divers high Crimes and Misdemeanors To which he hath pleaded a Pardon which Pardon the Commons conceive to be Illegal and Void And therefore they do demand Judgment of your Lordships accordingly May 7. 79. A Message sent from the Lords to acquaint this House with an Order yesterday made concerning the Earl of Danby viz. It is ordered by the Lords Spiritual and Temporal in Parliament Assembled that Saturday next be appointed for hearing of the Earl of Danby to make good his Plea of his Pardon May 10. 79. The Lords desire a Conference with this House to communicate the Contents of a Petition from the Earl of Danby Sr. John Trevor Reports from the said Conference That their Lordships had received a Petition from the Earl of Danby who was ordered to attend their Lordships this Day which his Lordship read Whereby the Earl of Danby sets forth that he had received Informations severally from his Councel that they durst not Appear to Argue the Validity of his Pardon by reason of a Vote of the House of Commons And their Lordships desired to know whether there were any such Vote as was alleadged in the Petition All the VOTES ORDERS c. in the House of COMMONS in the Late and Present PARLIAMENT touching the Five LORDS in the Tower Impeachments of the House THe House passed five Resolves for the Impeaching of Henry Lord Arundel of of Wardour William Earl of Powis John Lord Bellasis William Viscount Stafford William Lord Petre Of Treason and other high Crimes and Misdemeanors The same day the five severall Impeachments were accordingly carried up to the Lords The same day Resolved That whereas the said Peers are already under Commitment therefore this House will not desire the Lords that they may be Sequestred from Parliament and Committed to safe Custody as is usual in Cases of the like Nature The same day a Committee Appointed to draw up Articles of Impeachment against the said Five Lords Sabbati 28 Decemb. 1678. The Committee appointed to draw up Articles against the Lords are to inspect the Journals and consider Presidents touching Impeachments Jovis 20 March 1678 9. A Committee of Secrecy is appointed to take Informations and prepare Evidence and draw up Articles against the Lords Impeached and now in the Tower c. The same day A Committee Appointed to inspect the Journals of the Lords and see what Resolutions have been there taken in matters of Impeachment March 24 Resolved that an humble Address be made to his Majesty to desire his Majesty that all the Papers and Writings relating to the discovery of the Plot and particularly such Papers and Examinations as have been taken since the Prorogation of the last Parliament may be delivered to the Committee of Secrecy Appointed to draw up Articles against the Lords in the Tower March 27. 79. Sir Thomas Chichly Acquaints the House that his Majesty had been attended with the Address of this House and his Majesty returned Answer that those Papers and Examinations were delivered to the Committee of Lords and so soon as they were dispatched there they should be sent to the Committee of Secrecy appointed by this House Apr. 3. 79. Mr. Cerebe Reports from the Secret Committee the Articles of Impeachment against the Five Lords Resolved that the said Articles be Ingrossed Apr. 7. 79. The Ingrossed Articles of Impeachment of High Treason c. against the Five Lords in the Tower were read Ordered That the Lord Russel do carry up the said Articles to the Lords Apr. 15. 79. Sir Thomas Stringer Reports from the Committee Appointed to inspect the Journal of the House of Lords and see what Entries have been made there touching the giving Copies to the Lords in the Tower of the Evidence against them that the Committee had prepared a Report which he read as followeth That they find that on Wednesday the ninth of April Instant it is entred in the Lords Journal Book as followeth The Lord Chancellor let their Lordships know that the House had ordered that the several Inditements found against them by the grand Jury should be brought into the Lords House by Certiorari and that their Lordships may take Copies of the Articles of Impeachment against them And that they shall have liberty to search and take out Copies of the Records and Journals in Order to their defence Ordered that the Debate hereupon be Adjourned till this day seaven Night
Apr. 16. 79. A Message from the Lords Mr. Speaker The Lords have commanded us to acquaint this House That the five Lords lately committed to the Tower have all in Person brought their Answer to the Articles of Impeachment exhibited against them by this House except my Lord Bellasis which were read to their Lordships And their Lordships have sent the Original to this House to the intent this House may consider of them and return the same Original with all convenient speed A Debate Arising whether the Lord Bellasis is Actually and Legally Arraigned having not in person delivered his Answer at the Bar at the House of Lords to the Impeachment exhibited aganst him by this House Resolved That the said Debate be adjourned till to morrow Morning Ordered that a Committee be appointed to inspect the Journal of the House of Lords and see what Entries are there made touching the Appearances and Arraignments of the five Lords now in the Tower and to report c. Apr. 17. 79. Mr. Hampden Reports from the committee appointed to inspect the Lords journal and found there entered as followeth viz. Apr. 8. 79. The Earl of Shaftsbury reported from the Lords committee for Priviledges to whom it was referred to consider of the method and progress of the proceedings to be had upon the Tryals of the Lords now Prisoners in the Tower upon the Impeachments brought up against them from the house of Commons That their Lordships are of opinion That the Lords now Prisoners in the Tower ought to be brought to the Bar together and kneel and there stand up and hear the Articles of the Charge against them read Other Opinions concerning Councel persons to access have a Lord high Steward c. The Report agreed to and this Order follows Whereas William Earl of Powis William Viscount Stafford William Lord Petre Henry Lord Arundel of Wardour and John Lord Bellasis now Prisoners in the Tower of London are Impeached of high Treason c. By the Commons in Parliament Assembled who brought into the House particular Articles against them It is this Day ordered by the Lords Spiritual and Temporal in Parliament Assembled That the Lieutenant of the said Tower be and is hereby required to bring the said Earl of Powis c. In safe Custody to the Bar of this House to morrow at ten of the Clock in the fore-Noon to hear the said Articles wherewith they stand charged and for so doing this shall be his sufficient Warrant April 9. 1679. They find that the Lord Powis Lord Stafford Lord Petre and Lord Arundel were brought to the Bar and kneeled till the Lord Chancellour bid them stand up and then the Articles were read to them and the Lord Chancellour asked them what they had to say for themselves letting them know that his Majesty would appoint a Lord High Steward for their Tryals Then the Lords made several Requests in order to their defence upon their Tryals and then they withdrew And the House having taken their Requests into consideration they were called to the Bar again and the Lord Chancellour let them know that the House had ordered that the several Indictments found against the five Lords by the Grand Jury should be brought into that Court by Writ of Certiorari And that their Lordships may have Copies of the said Articles of Impeachment and have time given them to the fifteenth instant to send in their respective Answers thereunto with further time to answer to any new Articles that should be brought up and liberty to take out Copies of Records and Journals c. At the end of which Order they find it thus entred Then notice being taken by the House that the Lord Bellasis had not appeared at the Bar Thomas Plessington and Robert Dent being sworn at the Bar attested that the Lord Bellasis is at this present so ill that he is not able to stir out of his Bed which reasonable Excuse the House allowing the said Thomas Plessington on behalf of the Lord Bellasis desired that his Lordship might have a Copy of the Articles and that Councel might be assigned to him which with the other Requests made by the Lords who appeared were equally condescended to for the Lord Bellasis as for the other four Lords Then ensues an Order for those five Lords to stand committed to the Tower in order to their Tryals and the same access of Persons to them as before this day John Lord Bellasis hath order for Sir Thomas Skipwith and Mr. Sanders to be his Councel April 15. 1679. This day being appointed for the Lords Prisoners in the Tower to put in their Answers to the Articles of Impeachment against them which being called for and not come It is ordered c. That the Lord of Powis Lord Petre Lord Stafford and Lord Arundel of Wardour be brought to the Bar of this House to morrow at Eleven of the Clock by the Lieutenant of the Tower to put in their respective Answers to the said Articles and this shall be sufficient Warrant on that behalf It was moved That the Lord Bellasis his Answer might be received now in regard of his present Sickness which the House received and read Ordered That it be referred to the Committee of Secresie to look into the Answers of the five Lords in the Tower and they are to consider of the Methods of Proceedings upon Impeachments and report their Opinions to the House April 23. 1679. Mr. Treby Reports from the Committee of Secresie that the Committee is of Opinion that the Lord Bellasis being Impeached of High-Treason by the Commons cannot make any Answer but in Person That the several writings put in by the other three Lords which they call their several Pleas and Answers are not Pleas or Answers but Argumentative and Evasive to which the Commons neither can nor ought to Reply That if the Answers of the said Lord Powis Lord Arundel and Lord Stafford as well as that of the Lord Petre were sufficient yet there ought not to be any Proceedings against them until the Lord Bellasis put in a sufficient Answer in Person That the Commons do demand of the Lords that their Lordships would forthwith order and require the said Lord Powis Lord Stafford Lord Arundel and Lord Bellasis to put in their perfect Answers or in default thereof that the Commons may have Justice against them April 24. 1679. Ordered That a Conference be desired with the Lords touching the Answers of the five Lords in the Tower Ordered That the Managers do acquaint the Lords in the Conference that this House will make use of no other Evidence against the five Lords than for matter done within seven years last past and desire their Lordships to appoint a short day for the said five Lords to put in their Effectual Pleas and Answers to the Articles of Impeachment April 25. 1679. A Message from the Lords To acquaint the House that John Lord Bellasis hath this day appeared in Person at the
Bar of the House and put in his Answer to the Articles of Impeachment which the Lords have sent to this House April 26. 1779. A Message from the Lords To acquaint the House that the Lord Powis Lord Stafford and Lord Arundel have this day appeared at their Bar and have retracted their former Pleas and have put in their Answers which the Lords have sent to this House Post Meridiem The said Answers were read and referred to the Secret Committee April 29. 1679. Sir John Trevor Reports that he had delivered to the Lords the several Answers of the Lords and that the Lord Chancellour demanded of him whether the Commons were ready to joyn Issue Whereupon he told his Lordship that he had nothing of that kind in Command from this House Tower shall be brought to their Tryals upon the Impeachments against them on this day Seven-night We are likewise commanded to acquaint you that the Lords have appointed an Address to be presented to his Majesty for the naming a Lord High Steward as well in the Case of the Earl of Danby as of the other five Lords and that the same shall be in Westminster Hall May 8. 1679. Reported from the Committee appointed to search Presidents relating to the Message sent from the Lords That they find on the like occasion the House of Commons have appointed a Select Committee to joyn with a Committee of the Lords to consider of the Methods and Circumstances to be observed in the Tryal A Message sent to the Lords to desire a Conference upon the subject matter of the last Message relating to the Tryal of the Lords in the Tower Mr. Powle Reports the Reasons to be delivered at that Conference The Commons suppose your Lordships do intend in all your proceedings upon the Impeachments now depending before your Lordships to follow the usual Course and Methods of Parliament and the Commons cannot apprehend what should induce your Lordships to address to his Majesty for a Lord High Steward in order to the determining the validity of the Pardon which hath been pleaded by the Earl of Danby to the Impeachment of the Commons as also for the Tryal of the other five Lords because we conceive that the Constituting of a High Steward is not necessary but that Judgment may be given in Parliament upon Impeachments without a High Steward There being several other matters contained in your Lordships Message touching the Tryals of the Lords impeacht which if not setled may occasion several interruptions and delays in the Proceedings The House of Commons do therefore propose to your Lordships that a Committee of both Houses may be appointed to consider of the most proper ways and Methods of proceedings upon Impeachments of the House of Commons according to the usage of Parliament that thereby those inconveniences may be avoided Post Meridiem May 8. 1679. A Conference is desired with the Lords upon the subject matter of the last Conference relating to the Tryal of the Lords at which Conference the said Reasons were delivered May 9. 1679. A Message from the Lords to desire a Conference upon the subject matter of the last Conference concerning the Tryals Sir Thomas Meers Reports from the Conference that the Lords do not agree to a Committee of both Houses because they do not think it conformable to the Rules and Orders of Proceedings of this Court which is and ever must be tender in matters relating to their Judicature Post Meridiem Resolved That no Commoner whatsoever shall presume to maintain the validity of the Pardon pleaded by the Earl of Danby without the consent of this House first had and that the person so doing shall be accounted a Betrayer of the Liberty of the Commons of England Resolved That the Answer delivered by the Lords this day at the last Conference tends to the interruption of the good Correspondency between the two Houses Ordered That a Conference be desired with the Lords upon the subject matter of the last Conference May 10. 1679. Mr. Hampden Reports the Reasons to be offered at the Conference The Commons may tend to prevent all interruptions of a good Correspondency between the two Houses which as the Commons desire at all times on their parts to preserve so it is especially necessary in this conjuncture when the most heynous Delinquents are to be brought to Justice that the Enemies both of King and Kingdom may have no hopes left them to see this obstructed by any difficulties arising in the way of proceedings Therefore for Answer to the last Conference the Commons have commanded me to say this to your Lordships That your Lordships do not offer any Answer or satisfaction to the Commons in their necessary Proposals amicably offered by way of supposition that they might have been confirmed therein by Answer from your Lordships That your Lordships do intend in all your proceedings upon the Impeachments now depending before your Lordships to follow the usual Course and Methods of Parliament And further that your Lordships have not given the least Answer or satisfaction to the Commons concerning your Lordships addressing to the King for a Lord High Steward though the Commons proposed their desire of satisfaction in as cautious terms as could be on purpose to avoid all disputes about Judicature The Commons to avoid all interruptions and delays in the proceedings against the Lords Impeacht and the inconveniency that may arise thereby having proposed to your Lordships that a Committee of both Houses may be nominated to consider of the most proper means and methods of proceedings upon Impeachments your Lordships without any reason assigned save only that you say you do not think it conformable to the Rules and Orders of the proceedings of this Court have refused to agree with the House of Commons in appointing such a Committee though not heretofore denied when askt upon the like occasion and at this time desired purposely to avoid disputes and delays Therefore the House of Commons have commanded us to acquaint your Lordships that things standing thus upon your Answer they cannot proceed in the Tryal of the Lords before the method of proceedings be adjusted between the two Houses May 11. 1679. The Lords desire a free Conference on the subject matter of the late Conference Sir Thomas Meers Reports the matter of the free Conference Resolved That a free Conference be desired with the Lords upon the subject matter of the last free Conference Sir Will. Coventry Reports the matter of the free Conference The Lords by Message acquaint this House that they have appointed a Committee of the House of Commons to meet at Nine of the Clock tomorrow morning at the Inner Court of Wards to consider of Propositions and Circumstances in reference to the Tryal of the Lords in the Tower Resolved That a Committee of twenty four be appointed to joyn with the Committee of the Lords and to meet at the time and place appointed May 15. 1679. Sir John Trevor Reports
before their last Message to that purpose March 25. 1679. The Lords agree with the Commons in the Vote concerning the Plot carryed on by the Papists March 25. 1679. Privy Seal's Reasons for his protestations against the Bill for banishing of the Earl of Danby April the 1st The Bill of Attainder of the Earl of Danby brought up and read the first time April the 2d Read the second time April the 3d. Reported from the Committee and the house agreed with the amendments April the 4th The Bill read the third time now entituled An Act for the Attainder of Thomas Earl of Danby of High Treasons in case he shall return into or be found in any of the King's Dominions This Bill was delivered with Reasons of the Amendments at a Conference vide Journals house of Commons Barkley Le Ware Arundel Byron Hatton Northampton Alesbury Lindsey Dissentientibus April 7. 1679. Articles of Impeachment against the five Lords were brought hereupon it was ordered by the Lords Spiritual and Temporal in Parliament assembled That the Lords Committees for Priviledges do consider of the Methods and Progress of the Proceedings to be had upon the Tryals of the Lords upon the Impeachments brought up against them April 8. 1679. The Lords Committees report That the Lords now Prisoners in the Tower are to be brought to the Bar together and kneel there and then stand up and hear the Articles of the Charge against them read That the said Lords may have Councel to plead for them in matters of Law but not in matters of Fact That such Councel as the Lords shall name to the House shall have free liberty of access to their Lordships in order to their Tryals This Report was read and agreed to and the Lieutenant of the Tower ordered to bring the said Lords to the Bar of the house the next Morning A Conference desired by the Commons upon the Amendments of the said Bill vide Journals of the Commons A second Conference held the same day by the desire of the Lords vide Commons Journals April 19. 1679. Lord Powis Lord Stafford Lord Peters Lord Arundel brought to the Bar and the Articles of Impeachment read to them and being askt what they had to say for themselves they made several requests in order to their answering their charge and making their defence The House consider'd their Request and Ordered that the several Indictments found against them and my Lord Bellasis should be brought in by Certiorari And that they may have Copies of the Articles of Impeachment and time given to Answer the Impeachment to the 15th and farther time to answer to new Articles and liberty to search and take out Copies of Records and Journals and to send for Witnesses and the Council assigned them that they have named and the same Order made for my Lord Bellasis who upon Oath was reported sick and could not come A Certiorari Ordered to bring in their Indictments An Order whereby Council is assigned to the five Lords severally in order to their Defence upon their Tryal upon the Impeachment of the House of Commons whereby they are charged with High Treason And that the said Council have free access from time to time for that purpose An Order reciting it is the duty of the whole Body of Peers to attend the Tryals that therefore the Lord Chancellour to write to every Peer to attend c. April 10. Afternoon A free Conference desired upon the Matter of the last Conference Mr. Edward Vaughan opens the free Conference urging and reinforcing the Reasons which they had offered at a former Conference and which the Lords at the last Conference had waved the answering of Taking notice that the Reason and Justice being for the Bill as they sent it they could not yet doubt their Lordships Concurrence in it these being their only Motives to the passing of the Law which being occasioned by the parties flight from Justice and in affront of this highest Court They hoped their Lordships who are Judges for the Kingdom and not only for themselves will follow the example of their Ancestors and proceed by Rules of Law which are to guide in passing of Acts of Parliament as well as in the ordinary course of Judicature Sir Francis Wennington spake next and urged Presidents Vide Journal Lords April 10. 1679. A free Conference had at the desire of the Commons upon the Amendments of the Bill of the Earl of Danby April 10. 1679. Ordered That an Entry be made of the Journal of this day The Vote of this House of the 23d of Decemb. 1678. concerning the Earl of Danbys not withdrawing after he had been heard in his place upon the Articles of Impeachâ—ent brought up against him from the House of Commons And the Votes of the 27 of Decemb. 1678. concerning his Lordships not being commâ—…ted shall not be drawn into President for the future The Opinion of the Judges That no Prisoners indicted for any Capital Crime shall have a Copy of the Indictment without Order of the Court. That such a Prisoner cannot of right demand Copies of Information of Witness against them note that Oats and Bedlows Informations were entred into the Journal April 12. Another free Conference concerning the Earl of Danbys Bill alledging the Lords Commissions April 15. The Lords Ordered to come to the Bar to put in their Answers next morning The Lord Bellasis Answer received the same day April 16. My Lord Danby was brought to the Bar and put in his Answer and having excused himself for withdrawing and hoping to clear his Innocence made several Requests in order to his answering the Charge in making his Defence The Lords granted him a Copy of his Articles and gave him time to put in his Answer and promised him farther time to answer any new Articles and assigned him Council and gave him leave to name other Council and liberty to explain himself at his Tryal after any words by him then spoken which he apprehended might be to his prejudice and then he was committed to the Tower April 16. 1679. The other came to the Bar and put in their Answer April 21. 1679. A farther time given the Earl of Danby to put in his Answer to the 25th Instant April 24. 1679. A Conference desired by the Commons containing Objections concerning the Pleas and Answers of the four Lords and requiring my Lord Bellasis to appear personally April 25. 1679. My Lord Danbys Plea was put in The same day the Lord Bellasis put in an Answer in Person April 26. 1679. Lord Powis Lord Stafford Lord Arundell put in their further Answers April 28. 1679. The Commons desired the Earl of Danby may be sent for to the Bar to know whether he will rely upon and abide by the Plea of his Pardon April 29. 1679. The Earl of Danby being brought to the Bar said the Question was new to him and of great importance and he knew not how to answer at present and desired further