take it as if they had now gained any point for that the Points that their Lordships mentioned as gained were nothing but what was agreeable to the Ancient Course and Methods of Parliaments 12 Apr. 79. Post Meridiem A free Conference desired by the Commons upon the subject matter of the last free Conference Sir Thomas Meers Reports that they had Attended the said free Conference and left the Bill with the Amendments with the Lords 14 Apr. 79. Post Meridiem The Lords desire a free Conference upon the subject matter of the last free Conference Sir Francis Winnington Reports from the free Conference with the Lords that the same was Managed by my Lord Privy Seal viz. That the Lords hoped that this Conference would be a Concluding Conference and had agreed to the Bill without any further Amendments to which they desired the Concurrence of the Commons The Commons Agreed to the Amendments made by the Lords and Sir Francis Winnington went up with a Message to Acquaint their 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 〈◊〉 the same was obtained Apr. 79. Sr. Francis Winnington Reports from the Committee of Secrecy That they find no President that ever any Pardon was Granted to any Person Impeacht by the Commons of High Treason and depending the Impeachment Ordered That a Message be sent to the Lords to desire their Lordships to demand of the Earl of Danby whether he will rely upon and abide by the Plea of his Pardon or not May 8. 79. Post Meridiem A Message from the Lords 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 several 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
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 to morrow 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 from the Committee appointed to joyn with the Committee of Lords c. The Committee had made two Propositions First to see the Commission of the Lord High Steward and other former Commissions Secondly They desired to know what Resolutions had been taken touching the Lords Spiritual being present or absent As to the first the Lords acquainted them of an Order made in the House 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 notwithstanding 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 requiritur 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 Resolution 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 May 13. 1679. Resolved by the Lords Spiritual and Temporal in Parliament assembled That the Lords Spiritual have a Right to stay in Court in Capital Cases till such time as Judgment of Death comes to be pronounced May 15. 1679. The Lords explain the said Resolution that the Lords Spiritual have a Right to stay and sit in Court till the Court proceeds to the Vote of Guilty or not Guilty Resolved That the Committee of this House insist That the Lords Spiritual ought not to have any Vote in any proceedings upon the Impeachments against the Lords in the Tower May 17. 1679. Sir John Trevor Reports the following Resolution Resolved by the Lords Spiritual and Temporal in Parliament assembled that Thursday next be appointed to begin the Tryal of the five Lords in the Tower After which Resolution past the Lords Spiritual asked the leave of the House that they might withdraw themselves from the Tryals of the said Lords with the liberty of entring their usual Protestation Resolved That it be given as an Instruction to the Committee of this House to insist upon the former Vote of this House That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower and when that matter shall be setled and the methods of proceedings adjusted this House shall then be ready to proceed upon the Tryal of the Earl of Danby against whom the House hath already demanded Judgment and afterwards to the Tryal of the other five Lords in the Tower An Abstract of all Proceedings in the House of Peers in the Case of the Earl of Danby and the other Five Lords in the Tower and also their Debates in relation to the Bishops MArch 1679. Lords Committee appointed to receive all Informations tending to the discovery of the late horrid Conspiracy to consider in what Estate the Impeachments brought up in the last Parliament now stand and to make Report to this House March 12. 1679. The Earl of Shaftsbury Reports from the Committee appointed to consider the State of the Parliament That Decemb. 5. 1678. The Impeachments against the five Lords were brought from the House of Commons which consisted of a General Charge of Treason and other high Crimes the House of Commons declaring they would in convenient time exhibit the Articles of their Charge against them Quare neglect That an Impeachment of High-Treason and other high Crimes against Thomas Earl of Danby Lord Treasurer was brought from the House of Commons Decemb. 23. 1678. particular Articles then exhibited and the Commons desired that he might be sequestred from his place in Parliament and be committed to safe custody That the Lord Treasurer desired Copies of all Papers and Proceedings and it was then resolved that the Lord Treasurer should not then withdraw Decemb. 26. 1673. The Lord Treasurer moved the House for a Copy of his Charge and that he might not lye long under it whereupon it was moved that the House would consider of the desire of the House of Commons concerning his confinement Decemb. 27. 1678. It was resolved That he should not now be confined
Houses the Lord President Reports that the Commons propose that the Lords would consider of a longer time for the Tryal of the Lords in the Tower This Proposition is agreed to be the last thing considered The Report concerning the Lord High Steward omitted It is Reported further That the Commons pray of and desire to know what Resolution the Lords have taken concerning the Bishops being or not being at the Tryals of those Lords The Commons say That in the Earl of Strafford's Case the Lords acquainted the Commons that the Bishops intended not to be at the Tryal The Commons think it necessary to know Whether the Lords intend any new Forms in Tryals upon Impeachments They conceive all Tryals upon Impeachments in Parliament have been by Temporal Lords onely Hereupon it is Ordered by the Lords Spiritual and Temporal That the Tryal of the Five Lords which were appointed to begin the next morning be put off by further Order and that timely Notice shall be given to the said Lords of such further day as shall be appointed for that purpose May 13. 1679. It is Reported That the Commons propose that they might be satisfied in what they proposed yesterday concerning the Bishops being present at the Tryal of the Lords Impeached To which the Lords making Answer That it belongs not to the Commons to be concerned in the Constituting parts of the Court upon such Tryals but that the judgment of this Matter belongs entirely to the Lords and when they have judged it the Commons cannot alter it and therefore should not debate it Upon which the Commons acknowledge that Judgment after Tryal is in the Lords but their Lordships are not to give Judgment unless the Commons demand it And the Commons desire to know Whether the Lords will proceed in these Tryals as their Lordships did anciently For if the Bishops should sit upon these Tryals and the Commons should not demand Judgment as being dissatisfied with their being there it may be the Commons may proceed by Bill To which the Lords made Answer That after the Evidence is fully heard they are bound to give Judgment of Condemnation or Acquittal but this being matter of Judicature the Lords declared That they would impose Silence upon themselves and debate no further The Commons farther desire to know Whether the Bishops shall be allowed to Vote the Validity of the Pardon of the Earl of Danby For they account that no Preliminary but the very Essence of the Tryal Upon Debate of that part of the Report which relates to the Lords the Bishops the Question was proposed Whether the Lords Spiritual had a Right to stay in Court in Captital Cases till such time as Judgment of Death comes to be pronounced and was Resolved in the Affirmative May 14. 1679. Upon the Lord Presidents Report from the Committee of both Houses That the Lords had communicated to the Commons yesterdays Vote concerning the Bishops sitting in Court in Capital Cases and that the Commons objected that the Lord High Stewards pronouncing the Judgment of the Court is in time after all the Lords in the Court have Voted particularly and consequently the Lords Spiritual may Vote The Resolution passed yesterday was explained That the Lords Spiritual have a Right to stay and sit in Court till the Court proceeds to the Vote of Guilty or not Guilty May 15. 1679. The Lord President Reports from the Committee of both Houses That they had communicated the Explanation of the Vote concerning the Bishops to which the Commons urged That if the Pardon of the Earl of Danby infer Life and Death it is the same with Guilty and not Guilty and being desirous to reduce the Business to a particular asked Whether it were intended by that Vote that the Lords Spiritual should Vote upon the Pardon of the Earl of Danby To which the Lords replied They had no Instructions to that Point but would acquaint the House with it May 16. 1679. The Lord President Reports from the Committee of both Houses That the Commons communicated to their Lordships that yesterday they Reported to their House the Resolution of the Peers with the Explanation of them concerning the Lords Spiritual upon consideration whereof their House gave them as an Instruction to insist on That the Lords Spiritual ought not to give any Vote in any of the Proceedings upon the Impeachments against the Lords in the Tower And the Committee declared further That they know not how to proceed in Capital Matters before a new Court. To which the Lords answered That they had no Instructions Power nor Allowance from the House to debate concerning this matter desired that if they had any other Proposals to make they would do it and that the Lords were ready to debate them To this the Commons answered That they think it most proper that the Propositions already made should be determined before they make any new ones And then the Question was put Whether Thursday following should be appointed to begin the Tryal of the Five Lords And it was Resolved in the Affirmative After which Resolutions the Lords Spiritual asked the Leave of the House that they might withdraw themselves from the Tryal of the said Lords with liberty of Entring their usual Protestation Ordered that this Resolution of the House and Desire of the Lords Spiritual be communicated to the Committee of the House of Commons to morrow morning May 17. 1679. The Lord President Reports That the Lords had communicated this Resolution and Desire of the Bishops to the Commons and that the Commons answered That the Vote of the House of Commons which they acquainted the Lords with yesterday concerning the Bishops extended as well to the Earl of Danby as the said Five Lords whereas the Lords Vote relates onely to the Five Lords and therefore they desire to know what Answer the Lords give as to the Earl of Danby They further Objected That they conceived that their Vote was to the Right of the thing and that the Bishops had no Right to be at any one Vote in any Capital Case and they conceived the Earl of Danby's Case to be a Capital Case as well as the Cases of the other Five Lords and that if the Bishops may have leave to withdraw it implies a Right which if they have it is a new Court which the Commons cannot admit of The Lords did then let them know that there is no day yet appointed for the tryal of the Earl of Danby and that the Lords spiritual will be absent at all the parts of the tryals of the five Lords and that the Protestation they now desire to enter will be the same as in the Earl of Staffords case Then the Commons said they could not proceed to treat of any other proposal till such time as the business about the Court be setled Ordered by the Lords Spiritual and Temporal That the Committee for Priviledges search for and consider Presidents and Waies of Proceedings on the Tryals
in Judicature of the Peers and advise of Directions and Methods fit to be observed therein for the preservation of Order and Regularity in the Tryals of the Lords now appointed and all circumstances usually arising in such Tryals May 19. 1679. The said President Reports That the Commons insist on their former Votes that the Bishops ought not to have any Votes c. And when that shall be setled and the methods of Proceedings adjusted the House will be ready to proceed upon the Tryal of the Pardon of the Earl of Danby against whom they have demanded Judgment and then to the Tryal of the other Five Lords upon which the Lords told them they had no Authority to debate this matter The Commons said the Lords Resolution was no Answer to their Proposition which comprehended the Earl of Danby as well as the Five Lords R. The Lords Answer was doubtful The Bishops asked Leave to be absent but it appears not that it was granted if they may ask Leave and it be not granted then they may sit in Court at the Tryals The Bishops absenting by way of Leave is a strong implication of a Right asserted there is the same Reason for the Bishops being absent upon the Tryal of the Pardon as of the other five Lords the naming of a day for the Tryal of the five Lords before the Tryal of the Pardon of the Earl of Danby against whom they have already demanded Judgment is putting that last which they desire should be first The Lords said They had no power to debate that The Commons reply They are ready to go on that for want of these Tryals all Publick Business stands still but the Lords seem to lay the stop at the Commons door by naming a day which they conceive ought not to have been appointed before the methods be considered for the Lords have not answered the Commons in matters of Right which is necessary first to be adjusted and they desire your Resolution as to that matter for they conceive they have no Right and the Lords may as well make the Judges part of their Court as the Bishops in this Point The Commons will give no disturbance to the ancient Judicature for they own that to be Sacred and they conceive they have a Right to know before what Court they shall appear May 20. 1679. The House adjourned into a Committee to consider yesterdays Report whereupon the House being Resumed it was Ordered by the Lords Spiritual and Temporal That Tuesday next be appointed for the Tryal of the Five Lords in the Tower May 21. 1676. Upon reading Reports from the Committee concerning the Methods of Proceedings it is Ordered That an Abstract of so much of the Journal be made as is necessary to be communicated to the House of Commons the rest to be for the use of the Chancellor Ordered by the Lords Spiritual and Temporal c. that Mr. Poluxfein be added to my Lord Stafford's Council in order to his Defence upon his Tryal May 22. 1679. A report from the Committee of priviledges to be communicated at the Committee of both Houses touching proceedings at the tryals There is an order that the Prisoners be brought to the Bar on Tuesday next May 13. 1679. The Question put Whether the Lords Spiritual have a Right to stay in Court in Capital Cases till such time as Judgment of Death comes to be pronounced which was Resolved in the Affirmative Dissentientibus Darby Winchester Shaftsbury Huntington Essex Clare Herbert Stanford Manchester Kent Delamer Mulgrave Lovelace Wharton Howard Rockingham Strafford Salisbury North and Grey de Grey Hallifax FINIS