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A37788 An exact collection of all orders, votes, debates, and conferences in the House of Peers and House of Commons both in the late and present parliament relating to and concerning Thomas Earl of Danby and the five other lords in the Tower as also all votes, debates and conferences concerning the bishops sitting and voting in capital cases / faithfully extracted out of the journals of both houses by a careful hand. England and Wales. Parliament. 1679 (1679) Wing E1531; ESTC R30028 25,262 18

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take it as if they had now gained any point for that the Points that their Lordships mentioned as gained were nothing but what was agreeable to the Ancient Course and Methods of Parliaments 12 Apr. 79. Post Meridiem A free Conference desired by the Commons upon the subject matter of the last free Conference Sir Thomas Meers Reports that they had Attended the said free Conference and left the Bill with the Amendments with the Lords 14 Apr. 79. Post Meridiem The Lords desire a free Conference upon the subject matter of the last free Conference Sir Francis Winnington Reports from the free Conference with the Lords that the same was Managed by my Lord Privy Seal viz. That the Lords hoped that this Conference would be a Concluding Conference and had agreed to the Bill without any further Amendments to which they desired the Concurrence of the Commons The Commons Agreed to the Amendments made by the Lords and Sir Francis Winnington went up with a Message to Acquaint their Lordships thereof 16 Apr. 79. A Message from the Lords Mr. Speaker We are Commanded by the Lords to Acquaint this House that the Earl of Danby last Night Rendred himself to the Gentleman Usher of the Black Rod who brought him this day to the Bar of their House Their Lordships have sent him to the Tower 17 Apr. 79. A Committee appointed to prepare and draw up Evidence against Thomas Earl of Danby and to draw up further Articles against the said Earl as they shall see cause and they are to sit de die in diem 25 Apr. 79. A Message from the Lords To Acquaint the House that Thomas Earl of Danby hath this day appeared in Person at the Bar of their House and hath put in his Plea to the Articles of Impeachment which the Lords have sent to this House Resolved that it be referred to the Committee of Secrecy to Examine the Matter of the Plea of the Earl of Danby and to enquire how Presidents stand in Relation to the Pardon and in what manner and by what 〈◊〉 the same was obtained Apr. 79. Sr. Francis Winnington Reports from the Committee of Secrecy That they find no President that ever any Pardon was Granted to any Person Impeacht by the Commons of High Treason and depending the Impeachment Ordered That a Message be sent to the Lords to desire their Lordships to demand of the Earl of Danby whether he will rely upon and abide by the Plea of his Pardon or not May 8. 79. Post Meridiem A Message from the Lords To Acquaint the House that they had demanded of the Earl of Danby whether he would Rely upon and Abide by the Plea of his Pardon And the Earl Answered by word of Mouth only as followeth The Plea which I have put in was put in by the Advice of my Councel And my Councel tells me that my Pardon is a very good Pardon in Law and Advis'd me to insist upon my Plea put in which I now do And desire that my Councel may be Heard to make out the validity of my Pardon May 5. 79. Resolved That it is the Opinion of this House that the Pardon pleaded by the Earl of Danby is illegal and void and ought not to be allowed in bar of the Impeachment of the Commons of England Resolved That the whole House will go up to the Lords Bar And demand their Judgment against the Earl of Danby for that the Pardon by him pleaded is illegal and invalid and ought not to bar or preclude the Commons from having Justice upon their Impeachment Accordingly Mr. Speaker with the whole House went up to the Bar of the Lords House and spake as followeth My Lords The Knights Citizens and Burgesses in Parliament Assembled Are come up to demand Judgment in their own Names and in the Names of all the Commons of England against Thomas Earl of Danby who stands Impeacht by them before your Lordships of high Treason and divers high Crimes and Misdemeanors To which he hath pleaded a Pardon which Pardon the Commons conceive to be Illegal and Void And therefore they do demand Judgment of your Lordships accordingly May 7. 79. A Message sent from the Lords to acquaint this House with an Order yesterday made concerning the Earl of Danby viz. It is ordered by the Lords Spiritual and Temporal in Parliament Assembled that Saturday next be appointed for hearing of the Earl of Danby to make good his Plea of his Pardon May 10. 79. The Lords desire a Conference with this House to communicate the Contents of a Petition from the Earl of Danby Sr. John Trevor Reports from the said Conference That their Lordships had received a Petition from the Earl of Danby who was ordered to attend their Lordships this Day which his Lordship read Whereby the Earl of Danby sets forth that he had received Informations severally from his Councel that they durst not Appear to Argue the Validity of his Pardon by reason of a Vote of the House of Commons And their Lordships desired to know whether there were any such Vote as was alleadged in the Petition All the VOTES ORDERS c. in the House of COMMONS in the Late and Present PARLIAMENT touching the Five LORDS in the Tower Impeachments of the House THe House passed five Resolves for the Impeaching of Henry Lord Arundel of of Wardour William Earl of Powis John Lord Bellasis William Viscount Stafford William Lord Petre Of Treason and other high Crimes and Misdemeanors The same day the five several Impeachments were accordingly carried up to the Lords The same day Resolved That whereas the said Peers are already under Commitment therefore this House will not desire the Lords that they may be Sequestred from Parliament and Committed to safe Custody as is usual in Cases of the like Nature The same day a Committee Appointed to draw up Articles of Impeachment against the said Five Lords Sabbati 28 Decemb. 1678. The Committee appointed to draw up Articles against the Lords are to inspect the Journals and consider Presidents touching Impeachments Jovis 20 March 1678 9. A Committee of Secrecy is appointed to take Informations and prepare Evidence and draw up Articles against the Lords Impeached and now in the Tower c. The same day A Committee Appointed to inspect the Journals of the Lords and see what Resolutions have been there taken in matters of Impeachment March 24 Resolved that an humble Address be made to his Majesty to desire his Majesty that all the Papers and Writings relating to the discovery of the Plot and particularly such Papers and Examinations as have been taken since the Prorogation of the last Parliament may be delivered to the Committee of Secrecy Appointed to draw up Articles against the Lords in the Tower March 27. 79. Sir Thomas Chichly Acquaints the House that his Majesty had been attended with the Address of this House and his Majesty returned Answer that those Papers and Examinations were delivered to the
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 Houshold 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