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
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 78 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 78 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 furthâ—◠〈◊〉 that if any such Pardon had come to him he would very well have considered it before he would 〈◊〉 â—â—ssed 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 sealed Whereupon the Person that usually carried the Purse offered to seal it my Lord Chancellor said that at the very time of affixing the Seal to the Parchment he did not look upon himself to have the Custody of the Seal And concluded that he took upon himself to know that there was no Memorial in any Office whatsoever of this Pardon from the Secretaries Office until it came to his Lordship But that it was a stampt Pardon by Creation Resolved That a Message be sent
unto the Lords to demand Justice in the Name of the Commons of England against Thomas Earl of Danby And that he may be immediately Sequestred from Parliament and committed to Safe Custody Resolved That an humble Address be made to his Majesty representing the Irregularity and Illegality of the Pardon mentioned by his Majesty to be granted to the Earl of Danby and the dangerous Consequence of granting Pardons to any Persons that lye under an Impeachment of the Commons of England And it is referred to a Committee to prepare and draw up the same The Lords sent a Message viz. Mr. Speaker WE are commanded by the Lords to let the House of Commons know That the Lords taking into Consideration the Message received from the House of Commons on Saturday that the Earl of Danby might be sequestred from Parliament and put into safe Custody did this morning upon Debate order That the Gentleman usher of the black Rod do forthwith take the said Earl into Custody and him safely keep till be bring him to the Bar of their House to morrow morning And their Lordships thought fit to acquaint the House of Commons That this was done before they received their last Message to that Purpose 25 March 79. A Message sent from the Lords viz. Mr. Speaker We are commanded by the Lords to acquaint the House that they sent to apprehend Thomas Earl of Danby both to his House here in Town and to his house at Wimbleton And that the Gentleman Usher of the Black Rod had returned their Lordships Answer that he could not be found Ordered That a Bill be brought in to summon Thomas Earl of Danby to render himself to Justice by a Day to be therein limited or in Default thereof to attaint him and a Committee is appointed to draw up the same 26 March 79. A Bill to Summon Thomas Earl of Danby to render himself to Justice by a certain Day or in Default thereof to be attainted Was read the first time 27 March 79. A Message from the Lords viz. Mr. Speaker The Lords have past a Bill intituled an Act for banishing and disabling Thomas Earl of Danby to which they desire the Concurrence of this House A Bill to Summon Thomas Earl of Danby to render himself to Justice or in default thereof to Attaint him was read the first time Resolved That the said Bill be committed and the Committee to bring in a Clause for discovery of all Trusts relating to the Earl of Danby and that he may be made incapable of receiving any Pardon but by Act of Parliament wherein he shall be particularly named An engrossed Bill sent from the Lords entituled an Act for banishing and disabling Thomas Earl of Danby was read the second time Resolved That the Bill be rejected April 79. A Bill for summoning Thomas Earl of Danby to render himself to Justice by a certain Day or in default thereof to attaint him of High Treason Was read the third time Resolved That the Bill do pass and Sir Robert Peyton to carry up the Bill to the Lords for their Concurrence April 4. 79. The Lords desire a Present Conference concerning the Bill sent up against Thomas Earl of Danby Sir Francis Winnington Reports from the Conference That the Lord Privy Seal said at the said Conference to this Effect That the Lords chose to deliver back this Bill by Conference rather than by Message to preserve a good Understanding and prevent Debate or Controversie between the two Houses The Lords observe that the great Affairs of this Nation are at a Stand at a time of the greatest Danger and Difficulty that this Kingdom ever laboured under That the King hath alwayes in his Reign inclined to Mercy and Clemency to all his Subjects Therefore to a King so merciful and compassionate the first Interruption of his Clemency they did desire should not proceed from the two Houses pressing the King to an Act of the greatest Security Therefore have passed the Bill with some Amendments which he delivered Resolved That an humble Address be made to his Majesty to Issue out his Royal Proclamation for the apprehending of Thomas Earle of Danby with the usual Penalties upon such as shall Conceal him And that his Majesty would be further pleased to give order to the Officers of his Majesties Houshould that they take care that the said Earle of Danby be not permitted to reside within any of his Majesties Pallaces of Whitehal Somerset-House or St. James's And a Committee is ordered to draw up the same Apr. 7. 79. The House considered of the Amendments made by the Lords to the Bill of Attainder of Thomas Earle of Danby The Second Third and Fifth Amendments were agreed to The First Fourth Sixth Seventh Disagreed to And a Conference thereupon ordered with the Lords Apr. 8. 79. Mr. Powle Reports the Reasons why the Commons disagreed to the Lords Amendments which are as followeth The Addition to the Title doth shew that the Amendments made by your Lordships to the Bill do wholly alter the Nature of it and from a Bill of Attainder have converted it into a Bill of Banishment which the Commons cannot consent to for these Reason 1. That Banishment is not the Legal Judgment in case of high Treason And the Earle of Danby being Impeacht by the Commons of high Treason and fled from Justice hath thereby confest the Charge and therefore ought to have the Judgment of high Treason for his Punishment 2. That Banishment being not the Punishment the Law inflicts upon those Crimes The Earle of Danby might make use of this Remission of his Sentence as an Argument That either the Commons were distrustful of their Proofs against him or else that the Crimes are not in themselves of so high a Nature as Treason 3. That the Example of this would be an Encouragement to all Persons that should be hereafter Impeached by the Commons to withdraw themselves from Justice which they would alwaies be ready to do if not prevented by a Commitment upon their Impeachment and thereby hope to obtain a more favourable Sentence in a Legislative way than your Lordships would be obliged to pass upon them in your judicial Capacity The Amendments being all in order to those alterations the Commons do not agree to them for the former Reasons A Conferrence desired of the Lords upon the Amendments made by them to the Bill of Attainder of the Earl of Danby 8. Apr. Post Meridiem The Lords desire a Conference 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
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 Quaere neglect might not lye long under it whereupon it was moved that the House would consider of the 〈◊〉 〈◊〉 the House of Commons concerning his confinement Decemb. 27. 1678. It was resolved That he should not now be confined and ordered that he should have a Copy of the Articles to which he was appointed to bring in his Answer before the third of January and that he should have Councel to assist him It is also referred to the said Lords Committees for Priviledges to consider of the state of the Impeachments of the late horrid Conspiracy and all the incidents relating thereunto and to report thereunto Decemb. 17. The same Order renewed after the Prorogation March 18. The Committee reports their Opinion that the dissolution of the last Parliament doth not alter the state of Impeachments brought up by the Commons the last Parliament March 19. 1678 9. The House agrees with the Committee in that Report March 20. 1678 9. Ordered that the Earl of Danby put in his Answer in writing to the Articles of Impeachment brought up against the Earl of Danby and to desire he may be forthwith sequestred from Parliament and committed to safe custody March 22. 1678 9. After his Majesties Speech to both Houses the Lords appointed a Bill to be brought in that the Earl of Danby be made for ever uncapable of coming into his Majesties presence and of all Offices and Imployments and of receiving any Grants or Gifts from the Crown and of sitting in the House of Peers and resolved to communicate their Resolutions to the House of Commons at a Conference A Message from the House of Commons to remind them that they would immediately proceed upon the Impeachments against the Earl of Danby and cause him to be forthwith sequestred from Parliament and committed to safe custody March 24. The Bill for disabling the Earl of Danby was received then ordered that the Earl of Danby be taken into custody of the Black Rod and brought to the Bar the next morning A Message was sent from the House of Commons That they had by a Question Nemine Contradicente ordered to demand justice of the Lords that the Earl of Danby may be sequestred from Parliament and to be committed to safe custody The Lords by a Message to the Commons acquainted them That upon their first Message to this purpose they had ordered the black Rod to take him into custody and that they thought fit to acquaint the house that they had done this