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
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