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<DATE>2010-06-14</DATE>
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<NAME>Susie Lorand</NAME>
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<BODY>
<DIV1 TYPE="Parliamentary proceedings">
<PB N="1" REF="1" MS="y">
<HEAD>All the VOTES, ORDERS, &amp;c. IN THE Hou&s;e of Commons, Both in the Late, and Pre&s;ent Parliament, touching The EARL of <HI>DANBY.</HI></HEAD>
<DIV2 TYPE="daily record">
<HEAD><HI>Jovis, Decemb.</HI> 19. 1678.</HEAD>
<P><HI>RE&s;olved,</HI> That there is &s;ufficient Matter of Impeachment again&s;t the Lord Trea&s;urer.</P>
<P><HI>Ordered,</HI> That a Committee be appointed to draw up Articles of Impeachment again&s;t the Lord Trea&s;urer: And the &s;aid Committee was to receive any further Informations, or Evidence again&s;t him.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Sabbati</HI> 21 <HI>Decemb.</HI> 78.</HEAD>
<P><HI>Mr. Williams</HI> Reports from the Committee, That they had Agreed upon &s;everal Articles of Impeachment again&s;t the Lord Trea&s;urer, which were &s;everally put to the Que&s;tion, and Agreed upon by the Hou&s;e. And,</P>
<P><HI>Ordered,</HI> That the &s;aid Articles of Impeachment be Ingro&s;s'd: And that a Clau&s;e of &s;aving Liberty to Exhi|bit any further Articles, be In&s;erted. And that he be &s;eque&s;tred from Parliament, and Committed to &s;afe Cu|&s;tody. And Sir <HI>Henry Capel</HI> to carry up the Articles on <HI>Monday</HI> next.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Lunae</HI> 23 <HI>Decemb.</HI> 78.</HEAD>
<P>The Clau&s;e of &s;aving Liberty, <HI>&amp;c.</HI> was then brought in, and ordered to be ingro&s;s'd with the other Articles.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Po&s;t Meridiem,</HI> 23 <HI>Decemb.</HI> 78.</HEAD>
<P>Sir <HI>Henry Capel</HI> acquaints the Hou&s;e, That he had attended the Lords with the Articles of Impeachment again&s;t the Lord Trea&s;urer, and had delivered the &s;ame into the hands of the Lord Chancellor.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Jovis,</HI> 20 <HI>March</HI> 78/9.</HEAD>
<P><HI>Re&s;olved,</HI> That a Me&s;&s;age be &s;ent to the Lords, to put them in mind of the Impeachment of High Trea&s;on Exhibited again&s;t <HI>Thomas</HI> Earl of <HI>Danby,</HI> in the Name of the Commons, and to de&s;ire that he may be forthwith committed to &s;afe Cu&s;tody.</P>
<P><HI>Re&s;olved,</HI> That it be referred to the Committee of Secrecy, to draw up further Articles again&s;t <HI>Thomas</HI> Earl of <HI>Danby.</HI></P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Sabbati,</HI> 22 <HI>March,</HI> 78/9.</HEAD>
<P><HI>Re&s;olved,</HI> That a Me&s;&s;age be immediately &s;ent to re-mind the Lords of the la&s;t Me&s;&s;age &s;ent them, relating to the Earl of <HI>Danby:</HI> And to demand, that he may be forthwith Seque&s;tred from Parliament, and committed to &s;afe Cu&s;tody.</P>
<P><HI>Mr. Powle</HI> Reports from a Conference, That the Duke of <HI>Monmouth</HI> &s;pake at the &s;aid Conference, as fol|loweth;</P>
<P><Q><HI>I am commanded by the Lords to acquaint you, That their Lord&s;hips having taken into Con&s;ideration Matters relating to the Earl of</HI> Danby, <HI>together with what His Maje&s;ty was plea&s;ed to &s;ay upon that Subject, have Ordered, That a Bill be brought in, By which</HI> Thomas <HI>Earl of</HI> Danby <HI>may be made for ever incapable of coming into his Maje&s;ties Pre&s;ence, and of all Offices and Employments; and of receiving any Grants or Gifts from the Crown, and of Sitting in the Hou&s;e of Peers.</HI></Q> The Con&s;ideration of this Report adjourned till <HI>Monday</HI> next.</P>
<P>A Committee appointed to repair to the Lord Chancellor, and other Offices, and enquire into the manner of &s;uing forth the Pardon of <HI>Thomas</HI> Earl of <HI>Danby,</HI> and make their Report to the Hou&s;e.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>Lunae</HI> 24. <HI>March</HI> 78/9.</HEAD>
<P>Sir <HI>Francis Winnington</HI> reports from the Committee appointed to enquire into the Manner of &s;uing forth the Earl of <HI>Danby</HI>'s Pardon. And,</P>
<P>That they had attended the Lord Chancellor, and made Search in all Offices, concerned in pa&s;&s;ing the Kings Letters, Patents, and had agreed upon a Report. <HI>viz.</HI></P>
<P>They went to Mr. Secretary <HI>Coventry</HI>'s Office, and could find no entry of any &s;uch Pardon there. And Mr. Secretary declared, he knew nothing of Pa&s;&s;ing the Pardon.</P>
<P>They went likewi&s;e to the Lord <HI>Sunderland's</HI> Office, and Mr. <HI>Bridgman,</HI> his Secretary, a&s;&s;ured them there was no Entry of any &s;uch Pardon in that Office.</P>
<P>The Committee not being &s;atisfied, re&s;olved to attend the Lord <HI>Sunderland,</HI> but he was plea&s;ed to &s;end to the Chair-man to inform the Committee, that he knew nothing of the Pardon.</P>
<P>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 &s;uch Pardon.</P>
<P>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 plea&s;ed to mention it in the hou&s;e of Lords; and furth<GAP DESC="illegible" RESP="UOM" EXTENT="2 letters"> <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> that if any &s;uch Pardon had come to him, he would very well have con&s;idered it, before he would <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">&s;&s;ed it.</P>
<P>After this the Committee attended my Lord Chancellor, who acquainted them, that as to the Pardon, he never advi&s;ed, drew, or altered one Word of it. And that the Truth of the Fact was thus; That my Lord Trea&s;urer delivered it to him, and being asked by the Committee, whether the Pardon extended to Impeach|ments? His Lord&s;hip an&s;wered, that it did: and had the&s;e General Words; Of all Trea&s;ons and Crimes what&s;oever. Together with the Words, <HI>Omnia &amp; Omnimoda Indictamenta Impetitiones.</HI> And tho&s;e other words, <HI>Licet Indictatus vel non Indictatus, Impetitus, vel non Impetitus, &amp;c.</HI> And this was to extend to the 27th of <HI>February</HI> la&s;t, and did bear date the fir&s;t of <HI>March</HI> in&s;tant.</P>
<P><PB N="2" REF="2">
My Lord Chancellor further declared, That my Lord Trea&s;urer de&s;ired to have the Pardon pa&s;&s;ed with all the privacy in the World&punc; and the rea&s;on he gave was, becau&s;e he did not intend to make u&s;e of it, but &s;tand upon his Innocency, except fal&s;e Witne&s;&s;es &s;hould be produced again&s;t him; and then he would make u&s;e of it at the la&s;t extremity.</P>
<P>After this, my Lord Chancellor &s;aid, he writ a Letter, wherein he took notice to his Lord&s;hip, That in the fir&s;t place the Service of the King was to be con&s;idered: And if his Lord&s;hip would take his Advice, he thought it was be&s;t to let the Pardon pa&s;s in the Regular Cour&s;e, that it might be publickly known; that &s;o it might an|&s;wer the Ends his Lord&s;hip intended: which was to prevent the Re-a&s;&s;uming the Impeachment again&s;t his Lord&s;hip.</P>
<P>The next day after this Letter was &s;ent, he declared, That he met my Lord Trea&s;urer at the Committee of Foreign Affairs, where he gave my Lord Trea&s;urer the &s;ame Advice as he gave in the Letter, which was to di&s;|&s;wade his Lord&s;hip.</P>
<P>Thereupon my Lord Trea&s;urer &s;aid, that he had acquainted the King with the Contents of his Letter. And that his Maje&s;ty did declare, That He was re&s;olved to have it done: which was, to pa&s;s the Pardon with all privacy. Suddenly after this, the King commanded my Lord Chancellor to bring the Seal to <HI>White-Hall:</HI> which he did to his own Lodgings. And being there, he laid it on the Table, thereupon his Maje&s;ty com|manded the Seal to be taken out of the Bag, which his Lord&s;hip was obliged to &s;ubmit 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 &s;ealed. Whereupon the Per&s;on that u&s;ually carried the Pur&s;e, offered to &s;eal it, my Lord Chancel|lor &s;aid, that at the very time of affixing the Seal to the Parchment, he did not look upon him&s;elf to have the Cu&s;tody of the Seal. And concluded that he took upon him&s;elf to know, that there was no Memorial in any Office what&s;oever of this Pardon, from the Secretaries Office, until it came to his Lord&s;hip: But that it was a &s;tampt Pardon by Creation.</P>
<P><HI>Re&s;olved,</HI> That a Me&s;&s;age be &s;ent unto the Lords, to demand Ju&s;tice in the Name of the Commons of <HI>Eng|land,</HI> again&s;t <HI>Thomas</HI> Earl of <HI>Danby:</HI> And that he may be immediately Seque&s;tred from Parliament, and com|mitted to Safe Cu&s;tody.</P>
<P><HI>Re&s;olved,</HI> That an humble Addre&s;s be made to his Maje&s;ty, repre&s;enting the Irregularity and Illegality of the Pardon mentioned by his Maje&s;ty, to be granted to the Earl of <HI>Danby,</HI> and the dangerous Con&s;equence of granting Pardons to any Per&s;ons that lye under an Impeachment of the Commons of <HI>England.</HI></P>
<P>And it is referred to a Committee, to prepare and draw up the &s;ame.</P>
<LETTER LANG="eng">
<HEAD>The Lords &s;ent a Me&s;&s;age. <HI>viz.</HI></HEAD>
<OPENER><SALUTE>Mr. Speaker,</SALUTE></OPENER>
<P><HI>WE are commanded by the Lords, to let the Hou&s;e of Commons know, That the Lords taking into Con&s;ideration the Me&s;&s;age received from the Hou&s;e of Commons on Saturday, that the Earl of</HI> Danby <HI>might be &s;eque&s;tred from Parliament, and put into &s;afe Cu&s;tody, did this morning upon Debate order, That the Gentleman u&s;her of the black Rod, do forthwith take the &s;aid Earl into Cu&s;tody, and him &s;afely keep till be bring him to the Bar of their Hou&s;e to morrow morning, And their Lord&s;hips thought fit to acquaint the Hou&s;e of Commons, That this was done before they received their la&s;t Me&s;&s;age to that Purpo&s;e.</HI></P>
</LETTER>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>25 <HI>March</HI> 79. A Me&s;&s;age &s;ent from the Lords. <HI>viz.</HI></HEAD>
<LETTER LANG="eng">
<P>Mr. Speaker, <HI>We are commanded by the Lords to acquaint the Hou&s;e that they &s;ent to apprehend Thomas Earl of</HI> Danby, <HI>both to his Hou&s;e here in Town, and to his hou&s;e at</HI> Wimbleton, <HI>And that the Gentleman U&s;her of the Black Rod had returned their Lord&s;hips An&s;wer that he could not be found.</HI></P>
</LETTER>
<P><HI>Ordered,</HI> That a Bill be brought in to &s;ummon <HI>Thomas</HI> Earl of <HI>Danby</HI> to render him&s;elf to Ju&s;tice by a Day, to be therein limited, or in Default thereof to attaint him, and a Committee is appointed to draw up the &s;ame.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>26 <HI>March</HI> 79.</HEAD>
<P>A Bill to Summon <HI>Thomas</HI> Earl of <HI>Danby,</HI> to render him&s;elf to Ju&s;tice by a certain Day, or in Default thereof to be attainted, Was read the fir&s;t time.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>27 <HI>March</HI> 79. A Me&s;&s;age from the Lords. <HI>viz.</HI></HEAD>
<LETTER LANG="eng">
<P>Mr. Speaker, <HI>The Lords have pa&s;t a Bill, intituled an Act for bani&s;hing and di&s;abling</HI> Thomas <HI>Earl of</HI> Danby, <HI>to which they de&s;ire the Concurrence of this Hou&s;e.</HI></P>
</LETTER>
<P>A Bill to Summon <HI>Thomas</HI> Earl of <HI>Danby</HI> to render him&s;elf to Ju&s;tice, or in default thereof to Attaint him, was read the fir&s;t time.</P>
<P><HI>Re&s;olved,</HI> That the &s;aid Bill be committed, and the Committee to bring in a Clau&s;e for di&s;covery of all Tru&s;ts relating to the Earl of <HI>Danby;</HI> and that he may be made incapable of receiving any Pardon, but by Act of Parliament, wherein he &s;hall be parti|cularly named.</P>
<P>An engro&s;&s;ed Bill &s;ent from the Lords, entituled an Act for bani&s;hing and di&s;abling <HI>Thomas</HI> Earl of <HI>Danby,</HI> was read the &s;econd time.</P>
<P><HI>Re&s;olved,</HI> That the Bill be rejected.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 79.</HEAD>
<P>A Bill for &s;ummoning Thomas Earl of <HI>Danby,</HI> to render him&s;elf to Ju&s;tice by a certain Day, or in default thereof, to attaint him of High Trea&s;on. Was read the third time,</P>
<P><HI>Re&s;olved,</HI> That the Bill do pa&s;s, and Sir <HI>Robert Peyton</HI> to carry up the Bill to the Lords for their Concurrence.</P>
</DIV2>
<DIV2 TYPE="daily records">
<HEAD><HI>April</HI> 4. 79.</HEAD>
<P>The Lords de&s;ire a Pre&s;ent Conference concerning the Bill &s;ent up again&s;t <HI>Thomas</HI> Earl of <HI>Danby.</HI></P>
<P>Sir <HI>Francis Winnington</HI> Reports from the Conference, That the Lord Privy Seal &s;aid at the &s;aid Conference to this Effect, That the Lords cho&s;e to deliver back this Bill by Conference, rather than by Me&s;&s;age, to pre&s;erve a good Under&s;tanding, and prevent De|bate or Controver&s;ie between the two Hou&s;es.</P>
<P>The Lords ob&s;erve that the great Affairs of this Nation, are at a Stand at a time of the greate&s;t Danger and Difficulty that this Kingdom ever laboured under.</P>
<P>That the King hath alwayes in his Reign, inclined to Mercy and Clemency to all his Subjects; Therefore to a King &s;o merciful and compa&s;&s;ionate, the fir&s;t Interruption of his Clemency they did de&s;ire &s;hould not proceed from the two Hou&s;es, pre&s;&s;ing the King to an Act of the greate&s;t Security. Therefore have pa&s;&s;ed the Bill with &s;ome Amendments which he delivered.</P>
<P><PB N="3" REF="2">
<HI>Re&s;olved,</HI> That an humble Addre&s;s be made to his Maje&s;ty to I&s;&s;ue out his Royal Proclamation for the apprehending of <HI>Thomas</HI> Earle of <HI>Danby,</HI> with the u&s;ual Penalties upon &s;uch as &s;hall Conceal him. And that his Maje&s;ty would be further plea&s;ed to give order to the Officers of his Maje&s;ties Hou&s;hould that they take care that the &s;aid Earle of <HI>Danby</HI> be not permitted to re&s;ide within any of his Maje&s;ties Pallaces of <HI>Whitehal, Somer&s;et-Hou&s;e,</HI> or St. <HI>James</HI>'s. And a Committee is ordered to draw up the &s;ame.</P>
<P><HI>Apr.</HI> 7. 79. The Hou&s;e con&s;idered of the Amendments made by the Lords to the Bill of Attainder of <HI>Thomas</HI> Earle of <HI>Danby.</HI></P>
<P>The Second, Third and Fifth Amendments were agreed to.</P>
<P>The Fir&s;t, Fourth, Sixth, Seventh, Di&s;agreed to.</P>
<P>And a Conference thereupon ordered with the Lords.</P>
<P><HI>Apr.</HI> 8. 79. <HI>Mr. Powle</HI> Reports the Rea&s;ons why the Commons di&s;agreed to the Lords Amend|ments, which are as followeth.</P>
<P>The Addition to the Title doth &s;hew that the Amendments made by your Lord&s;hips to the Bill, do wholly alter the Nature of it, and from a Bill of Attainder have converted it into a Bill of Bani&s;h|ment, which the Commons cannot con&s;ent to for the&s;e Rea&s;on,</P>
<P N="1">1. That Bani&s;hment is not the Legal Judgment in ca&s;e of high Trea&s;on. And the Earle of <HI>Danby</HI> be|ing Impeacht by the Commons of high Trea&s;on, and fled from Ju&s;tice, hath thereby confe&s;t the Charge, and therefore ought to have the Judgment of high Trea&s;on for his Puni&s;hment.</P>
<P N="2">2. That Bani&s;hment being not the Puni&s;hment the Law inflicts upon tho&s;e Crimes; The Earle of <HI>Dan|by</HI> might make u&s;e of this Remi&s;&s;ion of his Sentence, as an Argument, That either the Commons were di&s;tru&s;tful of their Proofs again&s;t him, or el&s;e that the Crimes are not in them&s;elves of &s;o high a Nature as Trea&s;on.</P>
<P N="3">3. That the Example of this would be an Encouragement to all Per&s;ons that &s;hould be hereafter Im|peached by the Commons, to withdraw them&s;elves from Ju&s;tice, 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 Legi&s;lative way, than your Lord&s;hips would be obliged to pa&s;s upon them in your judici|al Capacity.</P>
<P>The Amendments being all in order to tho&s;e alterations, the Commons do not agree to them for the former Rea&s;ons.</P>
<P>A Conferrence de&s;ired of the Lords upon the Amendments made by them to the Bill of Attainder of the Earl of Danby.</P>
<P>8. <HI>Apr. Po&s;t Meridiem,</HI> The Lords de&s;ire a Conference concerning matters in the Bill concerning the Earl of <HI>Danby,</HI> which was agreed to.</P>
<P>Sr. <HI>Francis Winnington</HI> Reports from the &s;aid Conference, that the Lord <HI>Huntingdon</HI> managed the &s;aid Conference which was to the Effect following.</P>
<P>The Lords have de&s;ired this Conference with the Hou&s;e of Commons, not &s;o much to argue and di&s;pute as to mitigate and reconcile.</P>
<P>They have already ob&s;erved that the Debates of this Bill have given too long and too great an ob&s;tru|tion to publick Bu&s;ine&s;s, and therefore they de&s;ire you to believe that that is the Rea&s;on which hath chiefly prevailed with their Lord&s;hips, in a matter of this Nature.</P>
<P>And upon this it is, that if a way may be found to &s;atisfie and &s;ecure the publique Fears, by doing le&s;s then the Bill you have propo&s;ed, the Lords do not think it advi&s;able to in&s;i&s;t upon the utmo&s;t and the mo&s;t vigorous &s;atisfaction to publique Ju&s;tice which might be demanded.</P>
<P>To induce you to this Complyance, the Lords do acknowledg that Bani&s;hment is &s;o far from being the Legal Judgment in ca&s;e of high Trea&s;on, that it is not the Legal Judgment in any ca&s;e what&s;oever, &s;ince it can never be inflicted but by the Legi&s;lative Authority.</P>
<P>But they &s;ee no rea&s;on why the Legi&s;lative Authority &s;hould always be bound to act to the utmo&s;t extent of its Power, for there may be a prudential nece&s;&s;ity &s;ometimes of making abatements, and might be of a fatal con&s;equence if it &s;hould not be &s;o.</P>
<P>And the Lords to remove all Jealou&s;ies of the Pre&s;idents of this kind, do declare that nothing which hath been done in the Earl of <HI>Danby's</HI> ca&s;e &s;hall ever be drawn into Con&s;equence for the time to come, and will &s;o enter it upon their Journal.</P>
<P>And thereupon their Lord&s;hips in&s;i&s;t upon their Amendments, &s;o far as to exclude all Attainders, and do promi&s;e them&s;elves the Commons will in this Point comply with their Lord&s;hips, who do again a&s;&s;ure them that their Re&s;olutions are grounded only upon their Tenderne&s;s and Con&s;ideration of the Pub|lick.</P>
<P><HI>Apr.</HI> 9. 79. Sr&punc; <HI>Francis Winnington</HI> Reported the Conference had with the Lords touching the Amend|ments made by the Lords to the Bill, for the Attainder of <HI>Thomas</HI> Earle of <HI>Danby,</HI> to which Amend|ments the Commons did not agree.</P>
<P>The Commons &s;ent a Me&s;&s;age to the Lords, to de&s;ire a free Conference upon the &s;ubject matter of the la&s;t Conference.</P>
<P>10. <HI>Apr.</HI> 79. A free Conference was had accordingly, and the Members that managed the &s;ame, are ordered to draw up &s;uch Matters as are fit to be entred, that pa&s;&s;ed at the &s;aid free Conference.</P>
<P><HI>Po&s;t Meridiem,</HI> The Lords de&s;ire a pre&s;ent free Conference upon the &s;ubject Matter of the la&s;t free Conference.</P>
<P>Sr. <HI>Francis Winnington</HI> Reports the matters of the &s;aid free Conference.</P>
<P>12 <HI>Apr.</HI> 79. &rindx; Sir <HI>Francis Winnington</HI> acquaints the Hou&s;e, that in pur&s;uance of their Order, he had drawn up the &s;ub&s;tance of the matter that was delivered at the la&s;t free Conference with the Lords as fol|loweth.</P>
<P>At a free Conference with the Lords, the Lord Privy Seal &s;aid, that the Commons might &s;ee by the pre|&s;ent quick free Conference which the Lords de&s;ired, that their Lord&s;hips did &s;hew their willingne&s;s by u&s;ing all means po&s;&s;ible to Reconcile both Hou&s;es, and to come to &s;uch an under&s;tanding, as to pa&s;s the Bill with all expedition.</P>
<P><PB REF="3" MS="y">
<GAP DESC="illegible" RESP="UOM" EXTENT="1 span"> would have any other Penalties added to the Bill, their Lord&s;hips would leave it to the Commons, &s;o that they run not to the ab&s;olute Ob&s;truction of the Lord Im|peacht: And the Lord Privy Seal took notice, that all the Rea&s;on and Ju&s;tice were of the Common's &s;ide, yet in a Legi&s;lative Capacity they were to con&s;ider Circum&s;tances in Relation to the Good of the Publick. Upon this his Lord&s;hip &s;aid, that in the Tran&s;action of this Affair, there were too great Points gained by this Hou&s;e of Commons.</P>
<P>The fir&s;t was, that Impeachments made by the Commons in one Parliament, continued from Se&s;&s;ion to Se&s;&s;ion, and Parliament to Parliament, notwith&s;tanding Prorogations or Di&s;&s;olutions.</P>
<P>The other point was, that in Ca&s;es of Impeachment upon &s;pecial matter &s;hown; if the Mode&s;ty 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 mu&s;t be Committed.</P>
<P>His Lord&s;hip ob&s;erved, that a Member of the Hou&s;e of Commons mentioned the Earl of <HI>Clarendon</HI>'s Ca&s;e, but in regard that Ca&s;e was general and not &s;pecial matters &s;hewn, it was not like this; and therefore he did not under&s;tand the Lords intended to extend the point of Withdrawing and Commitment to general Impeachments without &s;pecial matter alledged; for if it &s;hould be otherwi&s;e, the Lords did not know how many of their Lord&s;hips might be picked out of their Hou&s;e of a &s;udden.</P>
<P>The Earl of <HI>Shaftsbury</HI> &s;aid, that they were as willing to be rid of the Earl of <HI>Danby</HI> as the Commons, and in the fir&s;t place, as to the Right of the Commons, That upon Impeachments, the Lord Accu&s;ed ought to Withdraw, and then be Committed; He &s;aid their Lord&s;hips did agree it was their Right, and well war|ranted by Precedents of former Ages: And as to the di&s;tinction the Lord Privy Seal made, where the Im|peachments were General, and when &s;pecial matter was alledged; He &s;aid the Lords gave no Order to make any &s;uch Di&s;tinction, for that General Impeachments were not in the Ca&s;e.</P>
<P>And the Duke of <HI>Monmouth</HI> and the Lord <HI>Falconbridge</HI> affirmed the &s;ame, and that the Earl of <HI>Shaftsbury</HI> was in the right, and delivered the true &s;ence of the Lords.</P>
<P>He al&s;o &s;aid, that the Expre&s;&s;ion which was &s;ent with Rea&s;ons from the Lords the other day, <HI>viz.</HI></P>
<P>That the Lords would not draw into Example the Proceedings of the Earl of <HI>Danby,</HI> but would vacat them, They intended that to extend only to the point of Not-Withdrawing and Not-Committing.</P>
<P>He likewi&s;e declared, that the way now propo&s;ed, he thought, would be a means to have the Bill pa&s;s; for the Commons might have other Penalties if they would, as Confi&s;cation of E&s;tate: And although they had no particular Order to mention Honours, yet by the general words he thought Honours were included; and if they were in&s;i&s;ted on by the Commons, he knew not but that they might be Agreed to be in&s;erted in the Bill.</P>
<P>He de&s;ired the Commons would con&s;ider, that there were weighty Rea&s;ons which were better under&s;tood than expre&s;&s;ed, that prove it nece&s;&s;ary for the Good of the Publick, that this Bill &s;hould &s;peedily pa&s;s.</P>
<P>The Commons replyed, that they hoped their Lord&s;hips did not think the Commons did take it, as if they had now gained any point; for that the Points that their Lord&s;hips mentioned as gained, were nothing but what was agreeable to the Ancient Cour&s;e and Methods of Parliaments.</P>
<P>12 <HI>Apr.</HI> 79. <HI>Po&s;t Meridiem.</HI> A free Conference de&s;ired by the Commons upon the &s;ubject matter of the la&s;t free Conference.</P>
<P>Sir <HI>Thomas Meers</HI> Reports, that they had Attended the &s;aid free Conference, and left the Bill with the Amendments with the Lords.</P>
<P>14 <HI>Apr.</HI> 79. <HI>Po&s;t Meridiem.</HI> The Lords de&s;ire a free Conference upon the &s;ubject matter of the la&s;t free Conference.</P>
<P>Sir <HI>Francis Winnington</HI> Reports from the free Conference with the Lords, that the &s;ame was Managed by my Lord Privy Seal, <HI>(viz.)</HI> That the Lords hoped that this Conference would be a Concluding Confe|rence, and had agreed to the Bill without any further Amendments, to which they de&s;ired the Concurrence of the Commons.</P>
<P>The Commons Agreed to the Amendments made by the Lords, and Sir <HI>Francis Winnington</HI> went up with a Me&s;&s;age to Acquaint their Lord&s;hips thereof.</P>
</DIV2>
<DIV2 TYPE="daily records">
<HEAD>16 <HI>Apr.</HI> 79. A Me&s;&s;age from the Lords.</HEAD>
<P><HI>Mr. Speaker,</HI> We are Commanded by the Lords to Acquaint this Hou&s;e, that the Earl of <HI>Danby</HI> la&s;t Night Rendred him&s;elf to the Gentleman U&s;her of the Black Rod, who brought him this day to the Bar of their Hou&s;e: Their Lord&s;hips have &s;ent him to the Tower.</P>
<P>17 <HI>Apr.</HI> 79. A Committee appointed to prepare and draw up Evidence again&s;t <HI>Thomas</HI> Earl of <HI>Danby,</HI> and to draw up further Articles again&s;t the &s;aid Earl as they &s;hall &s;ee cau&s;e, and they are to &s;it <HI>de die in diem.</HI></P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>25 <HI>Apr.</HI> 79. A Me&s;&s;age from the Lords.</HEAD>
<P>To Acquaint the Hou&s;e, that <HI>Thomas</HI> Earl of <HI>Danby</HI> hath this day appeared in Per&s;on at the Bar of their Hou&s;e, and hath put in his Plea to the Articles of Impeachment, which the Lords have &s;ent to this Hou&s;e.</P>
<P><HI>Re&s;olved,</HI> that it be referred to the Committee of Secrecy, to Examine the Matter of the Plea of the Earl of <HI>Danby,</HI> and to enquire how Pre&s;idents &s;tand in Relation to the Pardon, and in what manner and by what means the &s;ame was obtained.</P>
</DIV2>
<DIV2 TYPE="daily records">
<PB N="9" REF="3">
<HEAD><HI>May</HI> 8. 79. <HI>Post Meridiem</HI> A Me&s;&s;age from the Lords. <NOTE PLACE="marg"><HI>April</HI> 9. 1679.</NOTE></HEAD>
<P>To Acquaint the Hou&s;e that they had demanded of the Earl of <HI>Danby</HI> whether he would Rely upon and Abide by the Plea of his Pardon. And the Earl An&s;wered by word of Mouth only as followeth.</P>
<P>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 Advi&s;'d me to in&s;i&s;t upon my Plea put in, which I now do, And de&s;ire that my Councel may be Heard to make out the validity of my Pardon.</P>
<P><HI>May</HI> 5. 79. <HI>Re&s;olved.</HI> That it is the Opinion of this Hou&s;e, that the Pardon pleaded by the Earl of <HI>Danby</HI> is illegal and void; and ought not to be allowed in bar of the Impeachment of the Commons of <HI>England.</HI></P>
<P><HI>Re&s;olved.</HI> That the whole Hou&s;e will go up to the Lords Bar, And demand their Judgment again&s;t the Earl of <HI>Danby,</HI> for that the Pardon by him pleaded is illegal and invalid and ought not to bar or preclude the Commons from having Ju&s;tice upon their Impeachment.</P>
<P>Accordingly Mr. Speaker with the whole Hou&s;e went up to the Bar of the Lords Hou&s;e and &s;pake as followeth.</P>
<P><HI>My Lords.</HI> The Knights, Citizens, and Burge&s;&s;es in Parliament A&s;&s;embled, Are come up to demand Judgment in their own Names, and in the Names of all the Commons of <HI>England</HI> again&s;t <HI>Thomas</HI> Earl of <HI>Danby;</HI> who &s;tands Impeacht by them before your Lord&s;hips of high Trea&s;on and divers high Crimes and Mi&s;demeanors. 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 Lord&s;hips accordingly.</P>
<P><HI>May</HI> 7. 79. A Me&s;&s;age &s;ent from the Lords, to acquaint this Hou&s;e with an Order, ye&s;terday made, concerning the Earl of <HI>Danby, (viz.)</HI></P>
<P>It is ordered by the Lords Spiritual and Temporal in Parliament A&s;&s;embled, that Saturday next be appointed for hearing of the Earl of <HI>Danby,</HI> to make good his Plea of his Pardon.</P>
<P><HI>May</HI> 10. 79. The Lords de&s;ire a Conference with this Hou&s;e, to communicate the Contents of a Pe|tition from the Earl of <HI>Danby.</HI></P>
<P>Sr. <HI>John Trevor</HI> Reports from the &s;aid Conference. That their Lord&s;hips had received a Petition from the Earl of <HI>Danby,</HI> who was ordered to attend their Lord&s;hips this Day, which his Lord&s;hip read. Whereby the Earl of <HI>Danby</HI> &s;ets forth that he had received Informations &s;everally from his Councel, that they dur&s;t not Appear to Argue the Validity of his Pardon, by rea&s;on of a Vote of the Hou&s;e of Commons. And their Lord&s;hips de&s;ired to know whether there were any &s;uch Vote as was alleadged in the Petition.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="Parliamentary proceedings">
<HEAD>All the VOTES, ORDERS, <HI>&amp;c.</HI> in the Hou&s;e of COMMONS, in the Late and Pre&s;ent PARLIAMENT, touching the Five LORDS in the Tower.</HEAD>
<P><NOTE PLACE="marg">Impeachments of the Hou&s;e.</NOTE>THe Hou&s;e pa&s;&s;ed five Re&s;olves for the Impeaching of <HI>Henry</HI> Lord <HI>Arundel</HI> of of <HI>Wardour, William</HI> Earl of <HI>Powis, John</HI> Lord <HI>Bella&s;is, William</HI> Vi&s;count <HI>Staf|ford, William</HI> Lord <HI>Petre,</HI> Of Trea&s;on and other high Crimes and Mi&s;demeanors.</P>
<P>The &s;ame day the five &s;everall Impeachments were accordingly carried up to the Lords.</P>
<P>The &s;ame day,</P>
<P><HI>Re&s;olved,</HI> That whereas the &s;aid Peers are already under Commitment; therefore this Hou&s;e will not de|&s;ire the Lords that they may be Seque&s;tred from Parliament, and Committed to &s;afe Cu&s;tody, as is u&s;ual in Ca&s;es of the like Nature.</P>
<P>The &s;ame day a Committee Appointed to draw up Articles of Impeachment again&s;t the &s;aid Five Lords.</P>
<P><HI>Sabbati</HI> 28 <HI>Decemb.</HI> 1678. The Committee appointed to draw up Articles again&s;t the Lords, are to in|&s;pect the Journals, and con&s;ider Pre&s;idents touching Impeachments.</P>
<P><HI>Jovis</HI> 20 <HI>March</HI> 1678/9. A Committee of Secrecy is appointed to take Informations and prepare Evidence, and draw up Articles again&s;t the Lords Impeached, and now in the Tower, <HI>&amp;c.</HI></P>
<P>The &s;ame day, A Committee Appointed to in&s;pect the Journals of the Lords, and &s;ee what Re&s;olutions have been there taken in matters of Impeachment.</P>
<P><PB N="8" REF="4">
<HI>March</HI> 24, <HI>Re&s;olved,</HI> that an humble Addre&s;s be made to his Maje&s;ty, to de&s;ire his Maje&s;ty that all the Papers and Writings relating to the di&s;covery of the Plot, and particularly &s;uch Papers and Examinations as have been taken &s;ince the Prorogation of the la&s;t Parliament; may be delivered to the Committee of Secre|cy, Appointed to draw up Articles again&s;t the Lords in the Tower.</P>
<P><HI>March</HI> 27. 79. Sir <HI>Thomas Chichly</HI> Acquaints the Hou&s;e, that his Maje&s;ty had been attended with the Ad|dre&s;s of this Hou&s;e, and his Maje&s;ty returned An&s;wer, that tho&s;e Papers and Examinations were delivered to the Committee of Lords, and &s;o &s;oon as they were di&s;patched there, they &s;hould be &s;ent to the Commit|tee of Secrecy appointed by this Hou&s;e.</P>
<P><HI>Apr.</HI> 3. 79. Mr. <HI>Cerebe</HI> Reports from the Secret Committee, the Articles of Impeachment again&s;t the Five Lords.</P>
<P><HI>Re&s;olved,</HI> that the &s;aid Articles be Ingro&s;&s;ed.</P>
<P><HI>Apr.</HI> 7. 79. The Ingro&s;&s;ed Articles of Impeachment of High Trea&s;on, <HI>&amp;c.</HI> again&s;t the Five Lords in the Tower, were read.</P>
<P><HI>Ordered,</HI> That the Lord <HI>Ru&s;&s;el</HI> do carry up the &s;aid Articles to the Lords.</P>
<P><HI>Apr.</HI> 15. 79. Sir <HI>Thomas Stringer</HI> Reports from the Committee, Appointed to in&s;pect the Journal of the Hou&s;e of Lords; and &s;ee what Entries have been made there, touching the giving Copies to the Lords in the Tower of the Evidence again&s;t them; that the Committee had prepared a Report which he read as followeth.</P>
<P>That they find that on Wedne&s;day the ninth of <HI>April</HI> In&s;tant, it is entred in the Lords Journal Book as followeth.</P>
<P>The Lord Chancellor, let their Lord&s;hips know, that the Hou&s;e had ordered that the &s;everal Indite|ments found again&s;t them by the grand Jury, &s;hould be brought into the Lords Hou&s;e by <HI>Certiorari,</HI> and that their Lord&s;hips may take Copies of the Articles of Impeachment again&s;t them.</P>
<P>And that they &s;hall have liberty to &s;earch and take out Copies of the Records and Journals in Order to their defence.</P>
<P>Ordered that the Debate hereupon be Adjourned till this day &s;eaven Night.</P>
<DIV2 TYPE="daily records">
<HEAD><HI>Apr.</HI> 16. 79. A Me&s;&s;age from the Lords.</HEAD>
<P>Mr. <HI>Speaker,</HI> The Lords have commanded us to acquaint this Hou&s;e. That the five Lords lately committed to the Tower, have all in Per&s;on brought their An&s;wer to the Articles of Impeachment exhibited again&s;t them by this Hou&s;e (except my Lord <HI>Bella&s;is)</HI> which were read to their Lord|&s;hips. And their Lord&s;hips have &s;ent the Original to this Hou&s;e, to the intent this Hou&s;e may con&s;i|der of them, and return the &s;ame Original with all convenient &s;peed.</P>
<P>A Debate Ari&s;ing, whether the Lord <HI>Bella&s;is</HI> is Actually and Legally Arraigned, having not in per|&s;on delivered his An&s;wer at the Bar at the Hou&s;e of Lords, to the Impeachment exhibited agan&s;t him by this Hou&s;e;</P>
<P><HI>Re&s;olved,</HI> That the &s;aid Debate be adjourned till to morrow Morning.</P>
<P>Ordered that a Committee be appointed to in&s;pect the Journal of the Hou&s;e of Lords, and &s;ee what Entries are there made touching the Appearances and Arraignments of the five Lords, now in the Tower and to report, <HI>&amp;c.</HI></P>
<P><HI>Apr.</HI> 17. 79. Mr. <HI>Hampden</HI> Reports from the committee appointed to in&s;pect the Lords journal and found there entered as followeth, <HI>viz.</HI></P>
<P><HI>Apr.</HI> 8. 79. The Earl of <HI>Shaftsbury</HI> reported from the Lords committee for Priviledges to whom it was referred to con&s;ider of the method and progre&s;s of the proceedings to be had upon the Try|als of the Lords, now Pri&s;oners in the Tower upon the Impeachments brought up again&s;t them, from the hou&s;e of Commons.</P>
<P>That their Lord&s;hips are of opinion, That the Lords now Pri&s;oners in the Tower ought to be brought to the Bar together, and kneel and there &s;tand up and hear the Articles of the Charge again&s;t them read.</P>
<P>Other Opinions concerning Councel, per&s;ons to acce&s;s have a Lord high Steward. <HI>&amp;c.</HI></P>
<DIV3 TYPE="order">
<HEAD>The Report agreed to and this Order follows.</HEAD>
<P>Whereas <HI>William</HI> Earl of <HI>Powis, William</HI> Vi&s;count <HI>Stafford, William</HI> Lord <HI>Petre, Henry Lord Arundel,</HI> of <HI>Wardour,</HI> and <HI>John</HI> Lord <HI>Bella&s;is</HI> now Pri&s;oners in the Tower of <HI>London,</HI> are Impeached of high Trea|&s;on, <HI>&amp;c.</HI> By the Commons in Parliament A&s;&s;embled, who brought into the Hou&s;e particular Articles again&s;t them. It is this Day ordered by the Lords Spiritual and Temporal in Parliament A&s;&s;embled, That the Lieutenant of the &s;aid Tower be and is hereby required to bring the &s;aid Earl of <HI>Powis &amp;c.</HI> In &s;afe Cu&s;tody to the Bar of this Hou&s;e, to morrow at ten of the Clock in the fore-Noon, to hear the &s;aid Articles wherewith they &s;tand charged, and for &s;o doing, this &s;hall be his &s;ufficient War|rant.</P>
</DIV3>
</DIV2>
<DIV2 TYPE="daily record">
<PB N="9" REF="4">
<HEAD><HI>April</HI> 9. 1679.</HEAD>
<P>They find that the Lord <HI>Powis,</HI> Lord <HI>Stafford,</HI> Lord <HI>Petre,</HI> and Lord <HI>Arundel</HI> were brought to the Bar, and kneeled till the Lord Chancellour bid them &s;tand up; and then the Articles were read to them, and the Lord Chancellour asked them what they had to &s;ay for them&s;elves, letting them know, that his Maje&s;ty would appoint a Lord High Steward for their Tryals. Then the Lords made &s;everal Reque&s;ts, in order to their defence, upon their Tryals, and then they withdrew: And the Hou&s;e ha|ving taken their Reque&s;ts into con&s;ideration, they were called to the Bar again, and the Lord Chancel|lour let them know, that the Hou&s;e had ordered, that the &s;everal Indictments found again&s;t the five Lords by the Grand Jury, &s;hould be brought into that Court by Writ of <HI>Certiorari:</HI> And that their Lord&s;hips may have Copies of the &s;aid Articles of Impeachment, and have time given them, to the fifteenth in&s;tant, to &s;end in their re&s;pective An&s;wers thereunto, with further time to an&s;wer to any new Articles that &s;hould be brought up, and liberty to take out Copies of Records and Journals, <HI>&amp;c.</HI></P>
<P>At the end of which Order, they find it thus entred.</P>
<P>Then notice being taken by the Hou&s;e, that the Lord <HI>Bella&s;is</HI> had not appeared at the Bar, <HI>Thomas Ple&s;&s;ington,</HI> and <HI>Robert Dent,</HI> being &s;worn at the Bar, atte&s;ted, that the Lord <HI>Bella&s;is</HI> is at this pre&s;ent &s;o ill, that he is not able to &s;tir out of his Bed; which rea&s;onable Excu&s;e the Hou&s;e allowing, the &s;aid <HI>Thomas Ple&s;&s;ington,</HI> on behalf of the Lord <HI>Bella&s;is,</HI> de&s;ired that his Lord&s;hip might have a Copy of the Articles, and that Councel might be a&s;&s;igned to him; which with the other Reque&s;ts made by the Lords who appeared, were equally conde&s;cended to, for the Lord <HI>Bella&s;is,</HI> as for the other four Lords.</P>
<P>Then en&s;ues an Order for tho&s;e five Lords to &s;tand committed to the <HI>Tower,</HI> in order to their Try|als, and the &s;ame acce&s;s of Per&s;ons to them, as before this day.</P>
<P><HI>John</HI> Lord <HI>Bella&s;is</HI> hath order for Sir <HI>Thomas Skipwith</HI> and Mr. <HI>Sanders</HI> to be his Councel.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 15. 1679.</HEAD>
<P>This day being appointed for the Lords, Pri&s;oners in the <HI>Tower,</HI> to put in their An&s;wers to the Ar|ticles of Impeachment again&s;t them; which being called for, and not come,</P>
<P><HI>It is ordered, &amp;c.</HI> That the Lord of <HI>Powis,</HI> Lord <HI>Petre,</HI> Lord <HI>Stafford,</HI> and Lord <HI>Arundel</HI> of <HI>Wardour,</HI> be brought to the Bar of this Hou&s;e, to morrow at Eleven of the Clock, by the Lieutenant of the <HI>Tower,</HI> to put in their re&s;pective An&s;wers to the &s;aid Articles; and this &s;hall be &s;ufficient Warrant on that behalf.</P>
<P><HI>It was moved,</HI> That the Lord <HI>Bella&s;is</HI> his An&s;wer might be received now, in regard of his pre&s;ent Sickne&s;s; which the Hou&s;e received, and read.</P>
<P><HI>Ordered,</HI> That it be referred to the Committee of Secre&s;ie to look into the An&s;wers of the five Lords in the <HI>Tower;</HI> and they are to con&s;ider of the Methods of Proceedings upon Impeachments, and re|port their Opinions to the Hou&s;e.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 23. 1679.</HEAD>
<P>Mr. <HI>Treby</HI> Reports from the Committee of Secre&s;ie, that the Committee is of Opinion, that the Lord <HI>Bella&s;is</HI> being Impeached of High-Trea&s;on by the Commons, cannot make any An&s;wer but in Per&s;on.</P>
<P>That the &s;everal writings put in by the other three Lords, which they call their &s;everal Pleas and An&s;wers, are not Pleas or An&s;wers, but Argumentative and Eva&s;ive, to which the Commons neither can, nor ought to Reply.</P>
<P>That if the An&s;wers of the &s;aid Lord <HI>Powis,</HI> Lord <HI>Arundel,</HI> and Lord <HI>Stafford,</HI> as well as that of the Lord <HI>Petre</HI> were &s;ufficient, yet there ought not to be any Proceedings again&s;t them, until the Lord <HI>Bella&s;is</HI> put in a &s;ufficient An&s;wer in Per&s;on.</P>
<P>That the Commons do demand of the Lords, that their Lord&s;hips would forthwith order and require the &s;aid Lord <HI>Powis,</HI> Lord <HI>Stafford,</HI> Lord <HI>Arundel,</HI> and Lord <HI>Bella&s;is,</HI> to put in their perfect An&s;wers, or in default thereof, that the Commons may have Ju&s;tice again&s;t them.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 24. 1679.</HEAD>
<P><HI>Ordered,</HI> That a Conference be de&s;ired with the Lords, touching the An&s;wers of the five Lords in the <HI>Tower.</HI></P>
<P><HI>Ordered,</HI> That the Managers do acquaint the Lords in the Conference, that this Hou&s;e will make u&s;e of no other Evidence again&s;t the five Lords, than for matter done within &s;even years la&s;t pa&s;t, and de&s;ire their Lord&s;hips to appoint a &s;hort day for the &s;aid five Lords to put in their Effectual Pleas and An&s;wers to the Articles of Impeachment.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 25. 1679.</HEAD>
<P><HI>A Me&s;&s;age from the Lords.</HI> To acquaint the Hou&s;e, that <HI>John</HI> Lord <HI>Bella&s;is</HI> hath this day appeared in Per&s;on at the Bar of the Hou&s;e, and put in his An&s;wer to the Articles of Impeachment, which the Lords have &s;ent to this Hou&s;e.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 26. 1779.</HEAD>
<P><HI>A Me&s;&s;age from the Lords.</HI> To acquaint the Hou&s;e, that the Lord <HI>Powis,</HI> Lord <HI>Stafford,</HI> and Lord <HI>A|rundel,</HI> have this day appeared at their Bar, and have retracted their former Pleas, and have put in their An&s;wers, which the Lords have &s;ent to this Hou&s;e.</P>
<P><HI>Po&s;t Meridiem.</HI> The &s;aid An&s;wers were read, and referred to the Secret Committee.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>April</HI> 29. 1679.</HEAD>
<P>Sir <HI>John Trevor</HI> Reports, that he had delivered to the Lords the &s;everal An&s;wers of the Lords; and that the Lord Chancellour demanded of him, whether the Commons were ready to joyn I&s;&s;ue.</P>
<P>Whereupon he told his Lord&s;hip, that he had nothing of that kind in Command from this Hou&s;e.
<PB N="10" REF="5" MS="y">
<HI>Tower</HI> &s;hall be brought to their Tryals, upon the Impeachments again&s;t them, on this day Seven-night.</P>
<P>We are likewi&s;e commanded to acquaint you, that the Lords have appointed an Addre&s;s to be pre|&s;ented to his Maje&s;ty for the naming a Lord High Steward, as well in the Ca&s;e of the Earl of <HI>Danby,</HI> as of the other five Lords; and that the &s;ame &s;hall be in <HI>We&s;tmin&s;ter Hall.</HI></P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 8. 1679.</HEAD>
<P>Reported from the Committee appointed to &s;earch Pre&s;idents relating to the Me&s;&s;age &s;ent from the Lords, That they find, on the like occa&s;ion, the Hou&s;e of Commons have appointed a Select Commit|tee to joyn with a Committee of the Lords, to con&s;ider of the Methods and Circum&s;tances to be ob&s;er|ved in the Tryal.</P>
<P>A Me&s;&s;age &s;ent to the Lords, to de&s;ire a Conference upon the &s;ubject matter of the la&s;t Me&s;&s;age, re|lating to the Tryal of the Lords in the <HI>Tower.</HI></P>
<P>Mr. <HI>Powle</HI> Reports the Rea&s;ons to be delivered at that Conference.</P>
<P>The Commons &s;uppo&s;e your Lord&s;hips do intend in all your proceedings upon the Impeachments now depending before your Lord&s;hips, to follow the u&s;ual Cour&s;e and Methods of Parliament; and the Commons cannot apprehend, what &s;hould induce your Lord&s;hips to addre&s;s to his Maje&s;ty for a Lord High Steward, in order to the determining the validity of the Pardon which hath been pleaded by the Earl of <HI>Danby</HI> to the Impeachment of the Commons; as al&s;o for the Tryal of the other five Lords; becau&s;e we conceive, that the Con&s;tituting of a High Steward is not nece&s;&s;ary, but that Judg|ment may be given in Parliament upon Impeachments without a High Steward.</P>
<P>There being &s;everal other matters contained in your Lord&s;hips Me&s;&s;age, touching the Tryals of the Lords impeacht, which if not &s;etled, may occa&s;ion &s;everal interruptions and delays in the Proceedings.</P>
<P>The Hou&s;e of Commons do therefore propo&s;e to your Lord&s;hips, that a Committee of both Hou&s;es may be appointed to con&s;ider of the mo&s;t proper ways and Methods of proceedings upon Impeach|ments of the Hou&s;e of Commons, according to the u&s;age of Parliament, that thereby tho&s;e inconve|niences may be avoided.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>Po&s;t Meridiem. <HI>May</HI> 8. 1679.</HEAD>
<P>A Conference is de&s;ired with the Lords, upon the &s;ubject matter of the la&s;t Conference, relating to the Tryal of the Lords; at which Conference the &s;aid Rea&s;ons were delivered.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 9. 1679.</HEAD>
<P>A Me&s;&s;age from the Lords, to de&s;ire a Conference upon the &s;ubject matter of the la&s;t Conference, concerning the Tryals.</P>
<P>Sir <HI>Thomas Meers</HI> Reports from the Conference, that the Lords do not agree to a Committee of both Hou&s;es, becau&s;e they do not think it conformable to the Rules and Orders of Proceedings of this Court, which is, and ever mu&s;t be tender, in matters relating to their Judicature.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD>Po&s;t Meridiem.</HEAD>
<P><HI>Re&s;olved,</HI> That no Commoner what&s;oever &s;hall pre&s;ume to maintain the validity of the Pardon pleaded by the Earl of <HI>Danby,</HI> without the con&s;ent of this Hou&s;e fir&s;t had; and that the per&s;on &s;o doing, &s;hall be accounted a Betrayer of the Liberty of the Commons of <HI>England.</HI></P>
<P><HI>Re&s;olved,</HI> That the An&s;wer delivered by the Lords this day at the la&s;t Conference, tends to the interruption of the good Corre&s;pondency between the two Hou&s;es.</P>
<P><HI>Ordered,</HI> That a Conference be de&s;ired with the Lords upon the &s;ubject matter of the la&s;t Confe|rence.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 10. 1679.</HEAD>
<P>Mr. <HI>Hampden</HI> Reports the Rea&s;ons to be offered at the Conference.</P>
<P>The Commons may tend to prevent all interruptions of a good Corre&s;pondency between the two Hou&s;es, which as the Commons de&s;ire at all times on their parts to pre&s;erve, &s;o it is e&s;pecially nece&s;|&s;ary in this conjuncture, when the mo&s;t heynous Delinquents are to be brought to Ju&s;tice, that the Enemies both of King and Kingdom may have no hopes left them to &s;ee this ob&s;tructed by any diffi|culties ari&s;ing in the way of proceedings: Therefore for An&s;wer to the la&s;t Conference, the Commons have commanded me to &s;ay this to your Lord&s;hips, That your Lord&s;hips do not offer any An&s;wer or &s;a|tisfaction to the Commons in their nece&s;&s;ary Propo&s;als, amicably offered by way of &s;uppo&s;ition, that they might have been confirmed therein by An&s;wer from your Lord&s;hips: That your Lord&s;hips do in|tend in all your proceedings upon the Impeachments now depending before your Lord&s;hips, to follow the u&s;ual Cour&s;e and Methods of Parliament.</P>
<P>And further, that your Lord&s;hips have not given the lea&s;t An&s;wer or &s;atisfaction to the Commons, concerning your Lord&s;hips addre&s;&s;ing to the King for a Lord High Steward, though the Commons pro|po&s;ed their de&s;ire of &s;atisfaction, in as cautious terms as could be, on purpo&s;e to avoid all di&s;putes a|bout Judicature.</P>
<P>The Commons, to avoid all interruptions and delays in the proceedings again&s;t the Lords Im|peacht, and the inconveniency that may ari&s;e thereby, having propo&s;ed to your Lord&s;hips, that a Com|mittee of both Hou&s;es may be nominated, to con&s;ider of the mo&s;t proper means and methods of pro|ceedings upon Impeachments, your Lord&s;hips without any rea&s;on a&s;&s;igned (&s;ave only that you &s;ay, you do not think it conformable to the Rules and Orders of the proceedings of this Court) have refu&s;ed to agree with the Hou&s;e of Commons in appointing &s;uch a Committee, though not heretofore denied, when askt upon the like occa&s;ion; and at this time de&s;ired, purpo&s;ely to avoid di&s;putes and delays.</P>
<P>Therefore the Hou&s;e of Commons have commanded us to acquaint your Lord&s;hips, that things &s;tand|ing thus upon your An&s;wer, they cannot proceed in the Tryal of the Lords, before the method of proceedings be adju&s;ted between the two Hou&s;es.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 11. 1679.</HEAD>
<P>The Lords de&s;ire a free Conference on the &s;ubject matter of the late Conference.</P>
<P>Sir <HI>Thomas Meers</HI> Reports the matter of the free Conference.</P>
<P><HI>Re&s;olved,</HI> That a free Conference be de&s;ired with the Lords upon the &s;ubject matter of the la&s;t free Conference.</P>
<P><PB N="11" REF="5" MS="y">
Sir <HI>Will. Coventry</HI> Reports the matter of the free Conference.</P>
<P>The Lords by Me&s;&s;age acquaint this Hou&s;e, that they have appointed a Committee of the Hou&s;e of Commons to meet at Nine of the Clock tomorrow morning, at the <HI>Inner Court of Wards,</HI> to con|&s;ider of Propo&s;itions and Circum&s;tances, in reference to the Tryal of the Lords in the <HI>Tower.</HI></P>
<P><HI>Re&s;olved,</HI> 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.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 15. 1679.</HEAD>
<P>Sir <HI>John Trevor</HI> Reports from the Committee appointed to joyn with the Committee of Lords, <HI>&amp;c.</HI></P>
<P>The Committee had made two Propo&s;itions: Fir&s;t, to &s;ee the Commi&s;&s;ion of the Lord High Steward, and other former Commi&s;&s;ions.</P>
<P>Secondly, They de&s;ired to know what Re&s;olutions had been taken, touching the Lords Spiritual, be|ing pre&s;ent or ab&s;ent.</P>
<P>As to the fir&s;t, the Lords acquainted them of an Order made in the Hou&s;e.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 12. 1679.</HEAD>
<P>It is ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, that the Office of a High Steward, upon Tryal of Peers upon Impeachment, is not nece&s;&s;ary to the Hou&s;e of Peers; but that the Lords may proceed upon &s;uch Tryals if a High Steward be not appointed.</P>
<P>Their Lord&s;hips further declared, that a Lord High Steward was made <HI>hac vice</HI> only; that not|with&s;tanding the making of a Lord High Steward, the Court remained the &s;ame, and was not thereby altered, but &s;till remained the Court of Peers in Parliament.</P>
<P>That the Lord High Steward was but a Speaker, or Chair-man, for the more orderly proceedings at the Tryals.</P>
<P>The Commons took Exception at the words in the Commi&s;&s;ion of the Lord High Steward for the Tryal of the Earl of <HI>Danby; Ac pro eo quod Officium Sene&s;calli Angliae (cujus pre&s;entia in hac parte requi|ritur) ut accepimus jam vacat,</HI> and de&s;ired that they might be left out; as implying, that the continuing of a Lord High Steward was nece&s;&s;ary; and thereupon propo&s;ed the&s;e words to be in&s;erted <HI>(viz.)</HI></P>
<P><HI>Ac pro eo quod Proceres &amp; Magnates in Parliamento no&s;tro A&s;&s;emblat. Nobis humiliter &s;upplicaverunt ut &s;ene&s;callum Angliae hac vice Con&s;tituere digneremus.</HI></P>
<P>To which amendments the Lords did agree: And it was further agreed, that a Commi&s;&s;ion under Seal for con&s;tituting a Lord High Steward for the Tryal of the Earl of <HI>Danby</HI> &s;hould be recalled, and a new Commi&s;&s;ion, according to the &s;aid amendment, to be i&s;&s;ued, and to bear date after the &s;aid Re&s;o|lution; and that the like Commi&s;&s;ion &s;hould be i&s;&s;ued for the Tryal of the other five Lords.</P>
<P>As to the &s;econd Propo&s;ition, the Lords did communicate the Re&s;olution of the Hou&s;e of Peers, in <HI>haec verba.</HI></P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 13. 1679.</HEAD>
<P>Re&s;olved by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That the Lords Spiritual have a Right to &s;tay in Court in Capital Ca&s;es, till &s;uch time as Judgment of Death comes to be pro|nounced.</P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 15. 1679.</HEAD>
<P>The Lords explain the &s;aid Re&s;olution, that the Lords Spiritual have a Right to &s;tay and &s;it in Court, till the Court proceeds to the Vote of Guilty, or not Guilty.</P>
<P><HI>Re&s;olved,</HI> That the Committee of this Hou&s;e in&s;i&s;t, That the Lords Spiritual ought not to have any Vote in any proceedings upon the Impeachments again&s;t the Lords in the <HI>Tower.</HI></P>
</DIV2>
<DIV2 TYPE="daily record">
<HEAD><HI>May</HI> 17. 1679.</HEAD>
<P>Sir <HI>John Trevor</HI> Reports the following Re&s;olution.</P>
<P>Re&s;olved by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, that Thur&s;day next be ap|pointed to begin the Tryal of the five Lords in the <HI>Tower.</HI></P>
<P>After which Re&s;olution pa&s;t, the Lords Spiritual asked the leave of the Hou&s;e, that they might with|draw them&s;elves from the Tryals of the &s;aid Lords, with the liberty of entring their u&s;ual Prote&s;tation.</P>
<P><HI>Re&s;olved,</HI> That it be given as an In&s;truction to the Committee of this Hou&s;e, to in&s;i&s;t upon the for|mer Vote of this Hou&s;e: That the Lords Spiritual ought not to have any Vote in any proceedings a|gain&s;t the Lords in the <HI>Tower;</HI> and when that matter &s;hall be &s;etled, and the methods of proceedings adju&s;ted, this Hou&s;e &s;hall then be ready to proceed upon the Tryal of the Earl of <HI>Danby,</HI> again&s;t whom the Hou&s;e hath already demanded Judgment, and afterwards to the Tryal of the other five Lords in the <HI>Tower.</HI></P>
</DIV2>
</DIV1>
<DIV1 TYPE="Parliamentary proceedings">
<HEAD><HI>An Ab&s;tract of all Proceedings in the Hou&s;e of Peers, in the Ca&s;e of the Earl of</HI> Danby, <HI>and the other Five Lords in the</HI> Tower; <HI>and al&s;o their Debates, in relation to the Bi&s;hops.</HI></HEAD>
<P><HI>MArch</HI> 1679. Lords Committee appointed to receive all Informations, tending to the di&s;co|very of the late horrid Con&s;piracy, to con&s;ider in what E&s;tate the Impeachments brought up in the la&s;t Parliament now &s;tand, and to make Report to this Hou&s;e.</P>
<P><HI>March</HI> 12. 1679. The Earl of <HI>Shaftsbury</HI> Reports from the Committee appointed to con&s;ider the State of the Parliament: That</P>
<P><HI>Decemb.</HI> 5. 1678. The Impeachments again&s;t the five Lords were brought from the Hou&s;e of Com|mons, which con&s;i&s;ted of a General Charge of Trea&s;on, and other high Crimes, the Hou&s;e of Com|mons declaring, they would in convenient time exhibit the Articles of their Charge again&s;t them <HI>Quaere neglect.</HI></P>
<P><PB N="10" REF="6" MS="y">
might not lye long under it; whereupon it was moved, that the Hou&s;e would con&s;ider of the <GAP DESC="illegible" RESP="UOM" EXTENT="2 words"> the Hou&s;e of Commons concerning his confinement.</P>
<P><HI>Decemb.</HI> 27. 1678. It was re&s;olved, That he &s;hould not now be confined; and ordered, that he &s;hould have a Copy of the Articles, to which he was appointed to bring in his An&s;wer before the third of <HI>January;</HI> and that he &s;hould have Councel to a&s;&s;i&s;t him.</P>
<P>It is al&s;o referred to the &s;aid Lords Committees for Priviledges, to con&s;ider of the &s;tate of the Im|peachments of the late horrid Con&s;piracy, and all the incidents relating thereunto, and to report thereunto.</P>
<P><HI>Decemb.</HI> 17. The &s;ame Order renewed after the Prorogation.</P>
<P><HI>March</HI> 18. The Committee reports their Opinion, that the di&s;&s;olution of the la&s;t Parliament doth not alter the &s;tate of Impeachments brought up by the Commons the la&s;t Parliament.</P>
<P><HI>March</HI> 19. 1678/9. The Hou&s;e agrees with the Committee in that Report.</P>
<P><HI>March</HI> 20. 1678/9. Ordered, that the Earl of <HI>Danby</HI> put in his An&s;wer in writing to the Articles of Impeachment brought up again&s;t the Earl of <HI>Danby,</HI> and to de&s;ire he may be forthwith &s;eque&s;tred from Parliament, and committed to &s;afe cu&s;tody.</P>
<P><HI>March</HI> 22. 1678/9. After his Maje&s;ties Speech to both Hou&s;es, the Lords appointed a Bill to be brought in, that the Earl of <HI>Danby</HI> be made for ever uncapable of coming into his Maje&s;ties pre|&s;ence, and of all Offices and Imployments, and of receiving any Grants or Gifts from the Crown, and of &s;itting in the Hou&s;e of Peers; and re&s;olved to communicate their Re&s;olutions to the Hou&s;e of Commons at a Conference.</P>
<P>A Me&s;&s;age from the Hou&s;e of Commons, to remind them, that they would immediately proceed upon the Impeachments again&s;t the Earl of <HI>Danby,</HI> and cau&s;e him to be forthwith &s;eque&s;tred from Parliament, and committed to &s;afe cu&s;tody.</P>
<P><HI>March</HI> 24. The Bill for di&s;abling the Earl of <HI>Danby</HI> was received; then ordered, that the Earl of <HI>Danby</HI> be taken into cu&s;tody of the Black Rod, and brought to the Bar the next morning.</P>
<P>A Me&s;&s;age was &s;ent from the Hou&s;e of Commons, That they had by a Que&s;tion, <HI>Nemine Contradicente,</HI> ordered to demand ju&s;tice of the Lords, that the Earl of <HI>Danby</HI> may be &s;eque&s;tred from Parliament, and to be committed to &s;afe cu&s;tody.</P>
<P>The Lords by a Me&s;&s;age to the Commons acquainted them, That upon their fir&s;t Me&s;&s;age to this pur|po&s;e they had ordered the black Rod to take him into cu&s;tody, and that they thought fit to acquaint the hou&s;e that they had done this before their la&s;t Me&s;&s;age to that purpo&s;e.</P>
<P><HI>March</HI> 25. 1679. The Lords agree with the Commons in the Vote concerning the Plot carryed on by the Papi&s;ts.</P>
<P><HI>March</HI> 25. 1679. Privy Seal's Rea&s;ons for his prote&s;tations again&s;t the Bill for bani&s;hing of the Earl of <HI>Danby.</HI></P>
<P><HI>April</HI> the 1&s;t. The Bill of Attainder of the Earl of <HI>Danby</HI> brought up and read the fir&s;t time.</P>
<P><HI>April</HI> the 2d. Read the &s;econd time.</P>
<P><HI>April</HI> the 3d. Reported from the Committee, and the hou&s;e agreed with the amendments.</P>
<P><HI>April</HI> the 4th. The Bill read the third time, now entituled, <HI>An Act for the Attainder of</HI> Thomas <HI>Earl of</HI> Danby <HI>of High Trea&s;ons, in ca&s;e he &s;hall return into, or be found in any of the King's Dominions.</HI></P>
<P>This Bill was delivered, with Rea&s;ons of the Amendments, at a Conference: <HI>vide</HI> Journals hou&s;e of Commons.</P>
<LIST>
<ITEM><HI>Barkley.</HI></ITEM>
<ITEM><HI>Le Ware.</HI></ITEM>
<ITEM><HI>Arundel.</HI></ITEM>
<ITEM><HI>Byron.</HI></ITEM>
<ITEM><HI>Hatton.</HI></ITEM>
<ITEM><HI>Northampton.</HI></ITEM>
<ITEM><HI>Alesbury.</HI></ITEM>
<ITEM><HI>Lind&s;ey.</HI> </ITEM>
<TRAILER>Di&s;&s;entientibus.</TRAILER>
</LIST>
<P><HI>April.</HI> 7. 1679. Articles of Impeachment again&s;t the five Lords were brought; hereupon it was ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That the Lords Commit|tees for Priviledges do con&s;ider of the Methods and Progre&s;s of the Proceedings to be had upon the Tryals of the Lords upon the Impeachments brought up again&s;t them.</P>
<P><HI>April</HI> 8. 1679. The Lords Committees report, That the Lords, now Pri&s;oners in the <HI>Tower,</HI> are to be brought to the Bar together, and kneel there, and then &s;tand up and hear the Articles of the Charge again&s;t them read.</P>
<P>That the &s;aid Lords may have Councel to plead for them in matters of Law, but not in matters of Fact.</P>
<P>That &s;uch Councel as the Lords &s;hall name to the Hou&s;e &s;hall have free liberty of acce&s;s to their Lord|&s;hips, in order to their Tryals.</P>
<P>This Report was read and agreed to; and the Lieutenant of the <HI>Tower</HI> ordered to bring the &s;aid Lords to the Bar of the hou&s;e the next Morning.</P>
<P>A Conference de&s;ired by the Commons upon the Amendments of the &s;aid Bill: <HI>vide</HI> Journals of the Commons.</P>
<P>A &s;econd Conference held the &s;ame day by the de&s;ire of the Lords: <HI>vide</HI> Commons Journals.</P>
<P><HI>April</HI> 19. 1679. Lord <HI>Powis,</HI> Lord <HI>Stafford,</HI> Lord <HI>Peters,</HI> Lord <HI>Arundel,</HI> brought to the Bar, and the Articles of Impeachment read to them; and being askt what they had to &s;ay for them&s;elves, they made &s;everal reque&s;ts in order to their an&s;wering their charge, and making their defence.</P>
<P><PB N="13" REF="6">
The Hou&s;e con&s;ider'd their Reque&s;t, and Ordered that the &s;everal Indictments found again&s;t them, and my Lord <HI>Bella&s;is,</HI> &s;hould be brought in by <HI>Certiorari.</HI> And that they may have Copies of the Ar|ticles of Impeachment, and time given to An&s;wer the Impeachment to the 15th. and farther time to an&s;wer to new Articles; and liberty to &s;earch and take out Copies of Records and Journals, and to &s;end for Witne&s;&s;es; and the Council a&s;&s;igned them that they have named, and the &s;ame Order made for my Lord <HI>Bella&s;is,</HI> who upon Oath was reported &s;ick, and could not come.</P>
<P>A <HI>Certiorari</HI> Ordered to bring in their Indictments.</P>
<P>An Order whereby Council is a&s;&s;igned to the five Lords &s;everally in order to their Defence upon their Tryal, upon the Impeachment of the Hou&s;e of Commons, whereby they are charged with High Trea&s;on. And that the &s;aid Council have free acce&s;s from time to time for that purpo&s;e.</P>
<P>An Order reciting it is the duty of the whole Body of Peers to attend the Tryals; that therefore the Lord Chancellour to write to every Peer to attend, <HI>&amp;c.</HI></P>
<P><HI>April</HI> 10. Afternoon.</P>
<P>A free Conference de&s;ired upon the Matter of the la&s;t Conference.</P>
<P>Mr. <HI>Edward Vaughan</HI> opens the free Conference, urging and reinforcing the Rea&s;ons which they had offered at a former Conference, and which the Lords at the la&s;t Conference had waved the an&s;wering of.</P>
<P>Taking notice that the Rea&s;on and Ju&s;tice being for the Bill as they &s;ent it, they could not yet doubt their Lord&s;hips Concurrence in it, the&s;e being their only Motives to the pa&s;&s;ing of the Law; which being occa&s;ioned by the parties flight from Ju&s;tice, and in affront of this highe&s;t Court; They hoped their Lord&s;hips, who are Judges for the Kingdom; and not only for them&s;elves will follow the ex|ample of their Ance&s;tors, and proceed by Rules of Law, which are to guide in pa&s;&s;ing of Acts of Par|liament, as well as in the ordinary cour&s;e of Judicature.</P>
<P>Sir <HI>Francis Wennington</HI> &s;pake next, and urged Pre&s;idents. <HI>Vide</HI> Journal Lords.</P>
<P><HI>April</HI> 10. 1679. A free Conference had at the de&s;ire of the Commons upon the Amendments of the Bill of the Earl of <HI>Danby.</HI></P>
<P><HI>April</HI> 10. 1679. Ordered, That an Entry be made of the Journal of this day. The Vote of this Hou&s;e of the 23d. of <HI>Decemb.</HI> 1678. concerning the Earl of <HI>Danbys</HI> not withdrawing after he had been heard in his place upon the Articles of Impeach<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ent brought up again&s;t him from the Hou&s;e of Commons. And the Votes of the 27 of <HI>Decemb.</HI> 1678. concerning his Lord&s;hips not being comm<GAP DESC="illegible" RESP="UOM" EXTENT="1+ letters">ted, &s;hall not be drawn into Pre&s;ident for the future.</P>
<P>The Opinion of the Judges; That no Pri&s;oners indicted for any Capital Crime, &s;hall have a Copy of the Indictment without Order of the Court. That &s;uch a Pri&s;oner cannot of right demand Copies of Information of Witne&s;s again&s;t them (note that <HI>Oats</HI> and <HI>Bedlows</HI> Informations were entred into the Journal.)</P>
<P><HI>April</HI> 12. Another free Conference concerning the Earl of <HI>Danbys</HI> Bill, alledging the Lords Com|mi&s;&s;ions.</P>
<P><HI>April</HI> 15. The Lords Ordered to come to the Bar to put in their An&s;wers next morning.</P>
<P>The Lord <HI>Bella&s;is</HI> An&s;wer received the &s;ame day.</P>
<P><HI>April</HI> 16. My Lord <HI>Danby</HI> was brought to the Bar, and put in his An&s;wer; and having excu&s;ed him&s;elf for withdrawing, and hoping to clear his Innocence, made &s;everal Reque&s;ts in order to his an&s;wering the Charge in making his Defence.</P>
<P>The Lords granted him a Copy of his Articles, and gave him time to put in his An&s;wer, and pro|mi&s;ed him farther time to an&s;wer any new Articles; and a&s;&s;igned him Council, and gave him leave to name other Council, and liberty to explain him&s;elf at his Tryal after any words by him then &s;poken, which he apprehended might be to his prejudice, and then he was committed to the <HI>Tower.</HI></P>
<P><HI>April</HI> 16. 1679. The other came to the Bar, and put in their An&s;wer.</P>
<P><HI>April</HI> 21. 1679. A farther time given the Earl of <HI>Danby</HI> to put in his An&s;wer to the 25th. In|&s;tant.</P>
<P><HI>April</HI> 24. 1679. A Conference de&s;ired by the Commons containing Objections concerning the Pleas and An&s;wers of the four Lords, and requiring my Lord <HI>Bella&s;is</HI> to appear per&s;onally.</P>
<P><HI>April</HI> 25. 1679. My Lord <HI>Danbys</HI> Plea was put in.</P>
<P>The &s;ame day the Lord <HI>Bella&s;is</HI> put in an An&s;wer in Per&s;on.</P>
<P><HI>April</HI> 26. 1679. Lord <HI>Powis,</HI> Lord <HI>Stafford,</HI> Lord <HI>Arundell,</HI> put in their further An&s;wers.</P>
<P><HI>April</HI> 28. 1679. The Commons de&s;ired the Earl of <HI>Danby</HI> may be &s;ent for to the Bar, to know whether he will rely upon, and abide by the Plea of his Pardon.</P>
<P><HI>April</HI> 29. 1679. The Earl of <HI>Danby</HI> being brought to the Bar, &s;aid, the Que&s;tion was new to him, and of great importance, and he knew not how to an&s;wer at pre&s;ent, and de&s;ired further time to an&s;wer, which was granted till <HI>Saturday</HI> following.</P>
<P>The &s;ame day the Indictments found by the Grand Jury again&s;t the five Lords were brought into the Hou&s;e.</P>
<P><HI>May</HI> 2. 1679. It is Ordered, That on <HI>Monday</HI> following the Hou&s;e will take into con&s;ideration whether the Lords Spiritual ought to Vote in Judicature, in Ca&s;es of Blood, and Bills of Attainder.</P>
<P><HI>May</HI> 3. 1679. The Earl of <HI>Danby</HI> put in his An&s;wer of abiding by his Plea of his Pardon.</P>
<P>The Plea I have put in, was put in by the advice of my Council, who tell me that my Pardon is good in Law, and advi&s;e me to in&s;i&s;t upon my Plea put in, which I now do; and de&s;ire that my Coun|cil may be heard to make out the validity of my Pardon.</P>
<P>Ordered Serjeant <HI>B<GAP DESC="illegible" RESP="UOM" EXTENT="5 letters">,</HI> and Mr. <HI>Pollux&s;ein</HI> may be added to the Earl of <HI>Danby</HI> his Council.</P>
<P><HI>May</HI> 5. 1679. The Hou&s;e of Commons &s;ent up to demand Judgment again&s;t the Earl of <HI>Danby.</HI></P>
<DIV2 TYPE="daily records">
<PB N="14" REF="7">
<HEAD>Po&s;t Meridiem.</HEAD>
<P>Ordered, That the Hou&s;e will take into con&s;ideration whether the Lords Spiritual are to give their Votes in Judicature of Blood, and Bills of Attainder as a Preliminary to the con&s;ideration of the Demand of the Speaker of the Hou&s;e of Commons concerning the Earl of <HI>Danby.</HI></P>
<P><HI>May</HI> 6. 1679. The Commons &s;end up their Me&s;&s;age that they will, and are ready to make good their Articles in Charge again&s;t the five Lords, upon which they were ordered to be brought to their Tryal that day &s;even-night.</P>
<P>Ordered, That <HI>Saturday</HI> following be appointed for hearing the Earl of <HI>Danby</HI> to make good his Plea.</P>
<P><HI>May</HI> 8. 1679. Upon Reading the Petition of <HI>Thomas</HI> Earl of <HI>Danby,</HI> praying that the Order of this Hou&s;e of the &s;ixth In&s;tant made in his Ca&s;e, which he &s;ugge&s;ted to be defective as to the a&s;&s;i&s;tance of his Council in defence of his Plea, may be explained. It is Ordered by the Lords Spiritual and Temporal in Parliament a&s;&s;embled, That the Council of the &s;aid Earl of <HI>Danby</HI> are to attend with him, and be heard in his Defence.</P>
</DIV2>
<DIV2 TYPE="daily records">
<HEAD>Po&s;t Meridiem.</HEAD>
<P>A Conference de&s;ired for a Committee of both Hou&s;es concerning the Tryal of the five Lords, and the Earl of <HI>Danby; Vide</HI> Journal Hou&s;e of Commons.</P>
<P>To adju&s;t the Proceedings in Order to the Tryals of the Lords.</P>
<P><HI>May</HI> 9. 1679. An An&s;wer to the Conference. <HI>Vide</HI> Journals Hou&s;e of Commons.</P>
<P>Several Orders touching the Order of the Lords going to <HI>We&s;tmin&s;ter-Hall,</HI> and bringing the Earl of <HI>Danby</HI> to the Bar; and for keeping di&s;tinct Seals for the Members of the Hou&s;e of Commons.</P>
<P><HI>May</HI> 10. 1679. Upon Reading the Petition of the Earl of <HI>Danby,</HI> &s;hewing that he is now attending according to their Lord&s;hips Order; and expecting to have met his Council a&s;&s;igned by their Lord|&s;hips for the Defence of his Plea.</P>
<P>That he hath received a Me&s;&s;age from every one of them, that they dare not appear to argue for him by rea&s;on of a Vote of the Hou&s;e of Comm<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ns pa&s;&s;ed ye&s;terday, whereby the Petitioner is de&s;ti|tute of all Council, and is thereby totally di&s;abled of making his legal Defence; therefore prayeth relief and directions therein.</P>
<P>Ordered, That the Petition be communicated to the Hou&s;e of Commons at a Conference, to know of them whether they have made any &s;uch Vote.</P>
<P>Another Conference de&s;ired by the Commons upon the Subject matter of the la&s;t Conference. <HI>Vide</HI> Journal of the Hou&s;e of Commons.</P>
<P>After which, the Que&s;tion being put whether a Committee of that Hou&s;e &s;hould be appointed to meet with a Committee of the Hou&s;e of Commons, to confer about the Methods and Forms of pro|ceedings in Order to the tryal of the Lords. It was re&s;olved in the Negative <HI>Di&s;&s;entientibus</HI> fifty.</P>
<P><HI>May</HI> 10. 1679. An Order, that there &s;hall be a free Conference had with the Commons, concerning the Forms and Methods of proceedings to be had at the Tryal of the Lords in the <HI>Tower.</HI></P>
<P>Ordered, that the Managers of the free Conference are not to enter into any di&s;pute about Judica|ture.</P>
<P><HI>May</HI> 11. 1679. The Report from that free Conference was, that the Lords asked the Commons what tho&s;e Forms and Methods were in reference to the tryals of the Lords in the <HI>Tower,</HI> which they de|&s;ire to confer about. At which the Comons &s;ay, they were not in&s;tructed to di&s;cour&s;e, becau&s;e they expected this free Conference was concerning a Committee of both Hou&s;es, touching which their Lord|&s;hips had given them yet no denyal. Therefore the Commons &s;aid, they mu&s;t re&s;ort to their Hou&s;e for directions herein.</P>
<P>Another free Conference de&s;ired by the Commons, whereupon it was ordered that a Committee of that Hou&s;e, be appointed to meet with a Committee of the Hou&s;e of Commons to con&s;ider of Prop&s;itions and Circum&s;tances in reference to the tryal of the Lords in the Tower.</P>
<P><HI>May</HI> 12. 1679. From the Committee of both Hou&s;es, the Lord Pre&s;ident Reports, that the Com|mons propo&s;e, that the Lords would con&s;ider of a longer time for the Tryal of the Lords in the <HI>Tower.</HI> This Propo&s;ition is agreed to be the la&s;t thing con&s;idered.</P>
<P>The Report concerning the Lord High Steward omitted.</P>
<P>It is Reported further, That the Commons pray of, and de&s;ire to know what Re&s;olution the Lords have taken concerning the Bi&s;hops being, or not being at the Tryals of tho&s;e Lords.</P>
<P>The Commons &s;ay, That in the Earl of <HI>Strafford</HI>'s Ca&s;e, the Lords acquainted the Commons, that the Bi&s;hops intended not to be at the Tryal.</P>
<P>The Commons think it nece&s;&s;ary to know, Whether the Lords intend any new Forms in Tryals upon Impeachments.</P>
<P>They conceive all Tryals upon Impeachments in Parliament, have been by Temporal Lords onely.</P>
<P>Hereupon it is Ordered by the Lords Spiritual and Temporal <GAP DESC="illegible" RESP="UOM" EXTENT="1 span">
<PB N="15" REF="7">
their Lord&s;hips are not to give Judgment, unle&s;s the Commons demand it. And the Commons <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> to know, Whether the Lords will proceed in the&s;e Tryals, as their Lord&s;hips did anciently? For if <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> Bi&s;hops &s;hould &s;it upon the&s;e Tryals, and the Commons &s;hould not demand Judgment, as being di&s;&s;ati<GAP DESC="illegible" RESP="UOM" EXTENT="5 letters"> with their being there, it may be the Commons may proceed by Bill.</P>
<P>To which the Lords made An&s;wer, That after the Evidence is fully heard, they are bound to <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> Judgment of Condemnation, or Acquittal; but this being matter of Judicature, the Lords declare That they would impo&s;e Silence upon them&s;elves, and debate no further.</P>
<P>The Commons farther de&s;ire to know, Whether the Bi&s;hops &s;hall be allowed to Vote the Validity <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> the Pardon of the Earl of <HI>Danby?</HI> For they account that no Preliminary, but the very E&s;&s;ence of th<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> Tryal.</P>
<P>Upon Debate of that part of the Report which relates to the Lords the Bi&s;hops, the Que&s;tion wa<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter"> propo&s;ed, Whether the Lords Spiritual had a Right to &s;tay in Court in Capital Ca&s;es, till &s;uch time as Judgment of Death comes to be pronounced; and was Re&s;olved in the Affirmative.</P>
<P><HI>May</HI> 14. 1679. Upon the Lord Pre&s;idents Report from the Committee of both Hou&s;es, That the Lords had communicated to the Commons ye&s;terdays Vote, concerning the Bi&s;hops &s;itting in Court in Capital Ca&s;es, and that the Commons objected, that the Lord High Stewards pronouncing the Judg|ment of the Court, is in time after all the Lords in the Court have Voted particularly, and con&s;equently the Lords Spiritual may Vote.</P>
<P>The Re&s;olution pa&s;&s;ed ye&s;terday was explained, That the Lords Spiritual have a Right to &s;tay and &s;it&punc; in Court, till the Court proceeds to the Vote of Guilty, or not Guilty.</P>
<P><HI>May</HI> 15. 1679. The Lord Pre&s;ident Reports from the Committee of both Hou&s;es, That they had communicated the Explanation of the Vote concerning the Bi&s;hops; to which the Commons urged, That if the Pardon of the Earl of <HI>Danby</HI> infer Life and Death, it is the &s;ame with Guilty, and not Guilty; and being de&s;irous to reduce the Bu&s;ine&s;s to a particular, asked, Whether it were intended by that Vote, that the Lords Spiritual &s;hould Vote upon the Pardon of the Earl of <HI>Danby?</HI> To which the Lords replied, They had no In&s;tructions to that Point, but would acquaint the Hou&s;e with it.</P>
<P><HI>May</HI> 16. 1679. The Lord Pre&s;ident Reports from the Committee of both Hou&s;es, That the Com|mons communicated to their Lord&s;hips, that ye&s;terday they Reported to their Hou&s;e, the Re&s;olution of the Peers, with the Explanation of them concerning the Lords Spiritual; upon con&s;ideration whereof, their Hou&s;e gave them as an In&s;truction to in&s;i&s;t on, That the Lords Spiritual ought not to give any Vote in any of the Proceedings upon the Impeachments again&s;t the Lords in the <HI>Tower.</HI> And the Com|mittee declared further, That they know not how to proceed in Capital Matters before a new Court. To which the Lords an&s;wered, That they had no In&s;tructions, Power nor Allowance from the Hou&s;e, to debate concerning this matter; de&s;ired that if they had any other Propo&s;als to make, they would do it, and that the Lords were ready to debate them. To this the Commons an&s;wered, That they think it mo&s;t proper, that the Propo&s;itions already made &s;hould be determined, before they make any new ones. And then the Que&s;tion was put, Whether <HI>Thur&s;day</HI> following &s;hould be appointed to begin the Tryal of the Five Lords? And it was Re&s;olved in the Affirmative.</P>
<P>After which Re&s;olutions, the Lords Spiritual asked the Leave of the Hou&s;e, that they might with|draw them&s;elves from the Tryal of the &s;aid Lords, with liberty of Entring their u&s;ual Prote&s;tation.</P>
<P>Ordered, that this Re&s;olution of the Hou&s;e, and De&s;ire of the Lords Spiritual, be communicated to the Committee of the Hou&s;e of Commons to morrow morning.</P>
<P><HI>May</HI> 17. 1979. The Lord Pre&s;ident Reports, That the Lords had communicated this Re&s;olution and De&s;ire of the Bi&s;hops to the Commons, and that the Commons an&s;wered, That the Vote of the Hou&s;e of Commons which they acquainted the Lords with ye&s;terday concerning the Bi&s;hops, extended as well to the Earl of <HI>Danby,</HI> as the &s;aid Five Lords, whereas the Lords Vote relates onely to the Five Lords, and therefore they de&s;ire to know what An&s;wer the Lords give as to the Earl of <HI>Danby.</HI></P>
<P>They further Objected, That they conceived that their Vote was to the Right of the thing, and that the Bi&s;hops had no Right to be at any one Vote in any Capital Ca&s;e, and they conceived the Earl of <HI>Danby</HI>'s Ca&s;e to be a Capital Ca&s;e, as well as the Ca&s;es of the other Five Lords; and that if the Bi&s;hops may have leave to withdraw, it implies a Right, which if they have it, is a new Court, which the Com|mons cannot admit of.</P>
<P>The Lords did then let them know that there is no day yet appointed for the tryal of the Earl of <HI>Danby,</HI> and that the Lords &s;piritual will be ab&s;ent at all the parts of the tryals of the five Lords, and that the Prote&s;tation they now de&s;ire to enter, will be the &s;ame as in the Earl of <HI>Staffords</HI> ca&s;e.</P>
<P>Then the Commons &s;aid they could not proceed to treat of any other propo&s;al till &s;uch time as the bu&s;ine&s;s about the Court be &s;etled.</P>
<P>Ordered by the Lords Spiritual and Temporal, That the Committee for Priviledges &s;earch for, and con&s;ider Pre&s;idents and Waies of Proceedings on the Tryals in Judicature of the Peers, and ad|vi&s;e of Directions and Methods fit to be ob&s;erved therein for the pre&s;ervation of Order and Regu|larity in the Tryals of the Lords now appointed, and all circum&s;tances u&s;ually ari&s;ing in &s;uch Tryals.</P>
<P><HI>May</HI> 19. 1679. The &s;aid Pre&s;ident Reports, That the Commons in&s;i&s;t on their former Votes, that the Bi&s;hops ought not to have any Votes, <HI>&amp;c.</HI> And when that &s;hall be &s;etled, and the methods of Pro|ceedings adju&s;ted, the Hou&s;e will be ready to proceed upon the Tryal of the Pardon of the Earl of <HI>Danby,</HI> again&s;t 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.</P>
<P>The Commons &s;aid, the Lords Re&s;olution was no An&s;wer to their Propo&s;ition, which comprehended the Earl of <HI>Danby,</HI> as well as the Five Lords. R. The Lords An&s;wer was doubtful. The Bi&s;hops ask|ed Leave to be ab&s;ent, but it appears not that it was granted; if they may ask Leave, and it be not granted, then they may &s;it in Court at the Tryals. The Bi&s;hops ab&s;enting by way of Leave, is a &s;trong Implication of a Right a&s;&s;erted; there is the &s;ame Rea&s;on for the Bi&s;hops being ab&s;ent upon the
<PB N="16" REF="8" MS="y">
Tryal of the Pardon, as of the other five Lords, the naming of a day for the Tryal of the five Lords, <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">fore the Tryal of the Pardon of the Earl of <HI>Danby,</HI> again&s;t whom they have already demanded Judg|<GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ent, is putting that la&s;t, which they de&s;ire &s;hould be fir&s;t.</P>
<P>The Lords &s;aid, They had no power to debate that, The Commons reply; They are ready to go on, <GAP DESC="illegible" RESP="UOM" EXTENT="2 letters">at for want of the&s;e Tryals, all Publick Bu&s;ine&s;s &s;tands &s;till; but the Lords &s;eem to lay the &s;top at the <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">ommons door, by naming a day which they conceive ought not to have been appointed, before the methods be con&s;idered; for the Lords have not an&s;wered the Commons in matters of Right, which <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> nece&s;&s;ary fir&s;t to be adju&s;ted, and they de&s;ire your Re&s;olution as to that matter, for they conceive <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">hey have no Right; and the Lords may as well make the Judges part of their Court, as the Bi&s;hops <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">n this Point. The Commons will give no di&s;turbance to the ancient Judicature, for they own that to be Sacred, and they conceive they have a Right to know before what Court they &s;hall appear.</P>
<P><HI>May</HI> 20. 1679. The Hou&s;e adjourned into a Committee, to con&s;ider ye&s;terdays Report; where|upon the Hou&s;e being Re&s;umed, it was Ordered by the Lords Spiritual and Temporal, That <HI>Tue&s;day</HI> next be appointed for the Tryal of the Five Lords in the <HI>Tower.</HI></P>
<P><HI>May</HI> 21. 1676. Upon reading Reports from the Committee, concerning the Methods of Proceed|ings, it is Ordered, That an Ab&s;tract of &s;o much of the Journal be made, as is nece&s;&s;ary to be commu|nicated to the Hou&s;e of Commons, the re&s;t to be for the u&s;e of the Chancellor.</P>
<P>Ordered by the Lords Spiritual and Temporal, <HI>&amp;c.</HI> that Mr. <HI>Poluxfein</HI> be added to my Lord <HI>Stafford</HI>'s Council, in order to his Defence upon his Tryal.</P>
<P><HI>May</HI> 22. 1679. A report from the Committee of priviledges to be communicated at the Com|mittee of both Hou&s;es touching proceedings at the tryals.</P>
<P>There is an order that the Pri&s;oners be brought to the Bar on <HI>Tue&s;day</HI> next.</P>
<P><HI>May</HI> 13. 1679. The Que&s;tion put, Whether the Lords Spiritual have a Right to &s;tay in Court in Capital Ca&s;es, till &s;uch time as Judgment of Death comes to be pronounced, which was Re&s;olved in the Affirmative.</P>
<P>Di&s;&s;entientibus, <HI>Darby, Winche&s;ter, Shaftsbury, Huntington, E&s;&s;ex, Clare, Herbert, Stanford, Manche&s;ter, Kent, Delamer, Mulgrave, Lovelace, Wharton, Howard, Rockingham, Strafford, Salisbury, North,</HI> and <HI>Grey de Grey, Hallifax.</HI></P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
