AN EXACT COLLECTION OF ALL Orders Votes Debates AND CONFERENCES IN THE HOUSE of PEERS AND House of Commons Both in the Late and Present PARLIAMENT Relating to and concerning THOMAS EARL OF DANBY And the other five Lords in the Tower AS ALSO All Votes Debates and Conferences concerning the BISHOPS Sitting and Voting in Capital Cases Faithfully Extracted out of the Journals of both Houses By a Careful Hand LONDON Printed for Francis Smith at the Elephant and Castle near the Royal Exchange 1679. All the VOTES ORDERS c. IN THE House of Commons Both in the Late and Present Parliament touching The EARL of DANBY Jovis Decemb. 19. 1678. REsolved That there is sufficient Matter of Impeachment against the Lord Treasurer Ordered That a Committee be appointed to draw up Articles of Impeachment against the Lord Treasurer And the said Committee was to receive any further Informations or Evidence against him Sabbati 21 Decemb. 78. Mr. Williams Reports from the Committee That they had Agreed upon several Articles of Impeachment against the Lord Treasurer which were severally put to the Question and Agreed upon by the House And Ordered That the said Articles of Impeachment be Ingross'd And that a Clause of saving Liberty to Exhibit any further Articles be Inserted And that he be sequestred from Parliament and Committed to safe Custody And Sir Henry Capel to carry up the Articles on Monday next Lunae 23 Decemb. 78. The Clause of saving Liberty c. was then brought in and ordered to be ingross'd with the other Articles Post Meridiem 23 Decemb. 78. Sir Henry Capel acquaints the House That he had attended the Lords with the Articles of Impeachment against the Lord Treasurer and had delivered the same into the hands of the Lord Chancellor Jovis 20 March 71 9. Resolved That a Message be sent to the Lords to put them in mind of the Impeachment of High Treason Exhibited against Thomas Earl of Danby in the Name of the Commons and to desire that he may be forthwith committed to safe Custody Resolved That it be referred to the Committee of Secrecy to draw up further Articles against Thomas Earl of Danby Sabbati 22 March 78 9. Resolved That a Message be immediately sent to re-mind the Lords of the last Message sent them relating to the Earl of Danby And to demand that he may be forthwith Sequestred from Parliament and committed to safe Custody Mr. Powle Reports from a Conference That the Duke of Monmouth spake at the said Conference as followeth I am commanded by the Lords to acquaint you That their Lordships having taken into Consideration Matters relating to the Earl of Danby together with what His Majesty was pleased to say upon that Subject have Ordered That a Bill be brought in By which Thomas Earl of Danby may be made for ever incapable of coming into his Majesties Presence and of all Offices and Employments and of receiving any Grants or Gifts from the Crown and of Sitting in the House of Peers The Consideration of this Report adjourned till Monday next A Committee appointed to repair to the Lord Chancellor and other Offices and enquire into the manner of suing forth the Pardon of Thomas Earl of Danby and make their Report to the House Lunae 24. March 71 9. Sir Francis Winnington reports from the Committee appointed to enquire into the Manner of suing forth the Earl of Danby's Pardon And That they had attended the Lord Chancellor and made Search in all Offices concerned in passing the Kings Letters Patents and had agreed upon a Report viz. They went to Mr. Secretary Coventry's Office and could find no entry of any such Pardon there And Mr. Secretary declared he knew nothing of Passing the Pardon They went likewise to the Lord Sunderland's Office and Mr. Bridgman his Secretary assured them there was no Entry of any such Pardon in that Office The Committee not being satisfied resolved to attend the Lord Sunderland but he was pleased to send to the Chair-man to inform the Committee that he knew nothing of the Pardon From thence they went to the Offices of Signet and Privy Seal And had there an Account that there was there no Entry or Memorial of any such Pardon From thence they went to the Lord Privy Seal and he told them that he never heard any word of the Pardon untill the day the King was pleased to mention it in the house of Lords and further said that if any such Pardon had come to him he would very well have considered it before he would have passed it After this the Committee attended my Lord Chancellor who acquainted them that as to the Pardon he never advised drew or altered one Word of it And that the Truth of the Fact was thus That my Lord Treasurer delivered it to him and being asked by the Committee whether the Pardon extended to Impeachments His Lordship answered that it did and had these General Words Of all Treasons and Crimes whatsoever Together with the Words Omnia Omnimoda Indictamenta Impetitiones And those other words Licet Indictatus vel non Indictatus Impetitus vel non Impetitus c. And this was to extend to the 27th of February last and did bear date the first of March instant My Lord Chancellor further declared That my Lord Treasurer desired to have the Pardon passed with all the privacy in the World and the reason he gave was because he did not intend to make use of it but stand upon his Innocency except false Witnesses should be produced against him and then he would make use of it at the last extremity After this my Lord Chancellor said he writ a Letter wherein he took notice to his Lordship That in the first place the Service of the King was to be considered And if his Lordship would take his Advice he thought it was best to let the Pardon pass in the Regular Course that it might be publickly known that so it might answer the Ends his Lordship intended which was to prevent the Re-assuming the Impeachment against his Lordship The next day after this Letter was sent he declared That he met my Lord Treasurer at the Committee of Foreign Affairs where he gave my Lord Treasurer the same Advice as he gave in the Letter which was to disswade his Lordship Thereupon my Lord Treasurer said that he had acquainted the King with the Contents of his Letter And that his Majesty did declare That He was resolved to have it done which was to pass the Pardon with all privacy Suddenly after this the King commanded my Lord Chancellor to bring the Seal to White-Hall which he did to his own Lodgings And being there he laid it on the Table thereupon his Majesty commanded the Seal to be taken out of the Bag which his Lordship was obliged to submit unto it not being in his Power to hinder it And the King writ his Name on the top of the Parchment And then directed to have it
concerning matters in the Bill concerning the Earl of Danby which was agreed to Sr. Francis Winnington Reports from the said Conference that the Lord Huntingdon managed the said Conference which was to the Effect following The Lords have desired this Conference with the House of Commons not so much to argue and dispute as to mitigate and reconcile They have already observed that the Debates of this Bill have given too long and too great an obstrution to publick Business and therefore they desire you to believe that that is the Reason which hath chiefly prevailed with their Lordships in a matter of this Nature And upon this it is that if a way may be found to satisfie and secure the publique Fears by doing less then the Bill you have proposed the Lords do not think it advisable to insist upon the utmost and the most vigorous satisfaction to publique Justice which might be demanded To induce you to this Complyance the Lords do acknowledg that Banishment is so far from being the Legal Judgment in case of high Treason that it is not the Legal Judgment in any case whatsoever since it can never be inflicted but by the Legislative Authority But they see no reason why the Legislative Authority should always be bound to act to the utmost extent of its Power for there may be a prudential necessity sometimes of making abatements and might be of a fatal consequence if it should not be so And the Lords to remove all Jealousies of the Presidents of this kind do declare that nothing which hath been done in the Earl of Danby's case shall ever be drawn into Consequence for the time to come and will so enter it upon their Journal And thereupon their Lordships insist upon their Amendments so far as to exclude all Attainders and do promise themselves the Commons will in this Point comply with their Lordships who do again assure them that their Resolutions are grounded only upon their Tenderness and Consideration of the Publick Apr. 9. 79. Sr. Francis Winnington Reported the Conference had with the Lords touching the Amendments made by the Lords to the Bill for the Attainder of Thomas Earle of Danby to which Amendments the Commons did not agree The Commons sent a Message to the Lords to desire a free Conference upon the subject matter of the last Conference 10. Apr. 79. A free Conference was had accordingly and the Members that managed the same are ordered to draw up such Matters as are fit to be entred that passed at the said free Conference Post Meridiem The Lords desire a present free Conference upon the subject Matter of the last free Conference Sr. Francis Winnington Reports the matters of the said free Conference 12 Apr. 79. ☞ Sir Francis Winnington acquaints the House that in pursuance of their Order he had drawn up the substance of the matter that was delivered at the last free Conference with the Lords as followeth At a free Conference with the Lords the Lord Privy Seal said that the Commons might see by the present quick free Conference which the Lords desired that their Lordships did shew their willingness by using all means possible to Reconcile both Houses and to come to such an understanding as to pass the Bill with all expedition He declared that the Reasons of the Commons for passing the Bill as they Proposed were unanswerable and therefore the Lords were content to make the Bill absolute without giving the Earl of Danby any day to Appear and the Penalties to continue He observed that the Lord Impeach'd would not only by the Passing of the Bill be ruined together with his Family but likewise those Acquisitions which he got by the Marriage into a Noble Family would be lost And he Intimated that if the House of Commons would have any other Penalties added to the Bill their Lordships would leave it to the Commons so that they run not to the absolute Obstruction of the Lord Impeacht And the Lord Privy Seal took notice that all the Reason and Justice were of the Common's side yet in a Legislative Capacity they were to consider Circumstances in Relation to the Good of the Publick Upon this his Lordship said that in the Transaction of this Affair there were too great Points gained by this House of Commons The first was that Impeachments made by the Commons in one Parliament continued from Session to Session and Parliament to Parliament notwithstanding Prorogations or Dissolutions The other point was that in Cases of Impeachment upon special matter shown if the Modesty of the Party Impeach'd directs him not to withdraw the Lords admit that of Right they ought to order him to withdraw and that afterwards he must be Committed His Lordship observed that a Member of the House of Commons mentioned the Earl of Clarendon's Case but in regard that Case was general and not special matters shewn it was not like this and therefore he did not understand the Lords intended to extend the point of Withdrawing and Commitment to general Impeachments without special matter alledged for if it should be otherwise the Lords did not know how many of their Lordships might be picked out of their House of a sudden The Earl of Shaftsbury said that they were as willing to be rid of the Earl of Danby as the Commons and in the first place as to the Right of the Commons That upon Impeachments the Lord Accused ought to Withdraw and then be Committed He said their Lordships did agree it was their Right and well warranted by Precedents of former Ages And as to the distinction the Lord Privy Seal made where the Impeachments were General and when special matter was alledged He said the Lords gave no Order to make any such Distinction for that General Impeachments were not in the Case And the Duke of Monmouth and the Lord Falconbridge affirmed the same and that the Earl of Shaftsbury was in the right and delivered the true sence of the Lords He also said that the Expression which was sent with Reasons from the Lords the other day viz. That the Lords would not draw into Example the Proceedings of the Earl of Danby but would vacat them They intended that to extend only to the point of Not-Withdrawing and Not-Committing He likewise declared that the way now proposed he thought would be a means to have the Bill pass for the Commons might have other Penalties if they would as Confiscation of Estate And although they had no particular Order to mention Honours yet by the general words he thought Honours were included and if they were insisted on by the Commons he knew not but that they might be Agreed to be inserted in the Bill He desired the Commons would consider that there were weighty Reasons which were better understood than expressed that prove it necessary for the Good of the Publick that this Bill should speedily pass The Commons replyed that they hoped their Lordships did not think the Commons did
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