standing at the Gate from ten to one at night averr'd that he saw no Sedan let forth But in regard the Sentinels could not be so positive but that they might be mistaken by reason of the darkness of the night and privacy of the conveighance their Evidence was not thought substantial It was further urg'd by Hill that Mr. Praunce had been tortur'd to make him confess what he did But Mr. Praunce upon his oath utterly deny'd any such thing affirming that the Keeper had us'd him with all civility from his first commitment So that the evidence for the Prisoners being so far from overpowring the testimony for the King that it was in no measure able to ballance it the Jury soon found them all guilty upon which they severally receiv'd sentence to be hang'd The execution of which sentence follow'd upon the twenty first ensuing March 1678 9. But now the time of the new Parliaments sitting drawing near toward the beginning of this month his Majesty that he might remove all fears and jealousies out of the minds of his subjects thought meet to command his Royal Highness to absent himself for a time Who thereupon in obedience to his Majesties pleasure together with his Dutchess took leave of his Majesty upon the third of March and after a short visit to his Daughter the Princess of Orange in Holland retired to Bruxells in Flanders He was no sooner departed but the Parliament which had been so lately summon'd before met according to the time appointed at Westminster So soon as they were ready the King went in his Barge to Westminster and there in a Gracious Speech upon which the Chancellour afterwards enlarg'd His Majesty acquainted both Houses what he himself expected and what the Countrey stood in need of from their Unanimous and Prudent Consultations The Speeches being ended the Commons return to their House and choose again the Speaker of the last Parliament Mr. Edward Seymour This choice occasion'd their Prorogation from the twelfth to the fifteenth of the same month at what time being met again they chose Sergeant Gregory and caus'd him to take the Chair Before they fell upon business the members were all severally sworn and took the Test and being so cemented together they fell first upon the further prosecution of the Plot already discover'd to the Parliament not long before dissolv'd In reference to which affair Dr. Tong Dr. Oates and Mr. Bedlow were summon'd to attend them and to give their Informations Upon their appearing Dr. Tong gave a long Narraton which because it was tedious they further desir'd in writing Dr. Oates read his own depositions and when he had done made a complaint of some discouragements which he had receiv'd from some of the Members The complaint fell more severely upon one of them who having spoken some words in contempt of the Truth of the Plot was sent to the Tower and expell'd the House but soon after upon his modest Petition discharg'd from his imprisonment But whatever particular persons thought of the Plot the House of Commons were so well satisfy'd that they appointed a Committee of Secresie to take Informations prepare Evidences and draw up Articles against the Lords suspected to be therein concern'd By way of further prosecution also it was resolv'd that an humble address should be made to his Majesty that all the papers and writings relating to the discovery of the Plot and particularly such papers and writings which had been taken since the prorogation of the last Parliament might be deliver'd to the Committee of Secresie appointed to draw up Articles against the said Lords To which his Majesty was pleas'd to return for Answer that those papers and examinations were deliver'd to the Committee of the Lords from whence they should be sent to their Committee so soon as the Lords had done perusing them In the midst of these transactions they forgot not the Earl of Danby For upon the twentieth of this month they sent to the Lords to put them in mind of the Impeachment of High Treason exhibited against him in the name of the Commons and to desire that he might be forthwith committed to safe custody In answer to which at a Conference of both Houses the Duke of Monmouth acquainted them in the behalf of the Lords That their Lordships having taken into consideration matters relating to the Earl of Danby together with what his Majesty was pleas'd to say upon that Subject had order'd that a Bill should be brought in by which the said Earl should be made for ever incapable of coming into his Majesties presence and of all Offices and Employments and of receiving any gifts or grants from the Crown and of sitting in the House of Peers In the mean time the Commons having appointed a Committee to enquire into the manner of the suing forth the said Pardon made their report that they could not find the entry of any such Pardon in either of the Secretaries Offices nor in the Offices of the Signet or Privy Seal but that they found it to be a Pardon by Creation Thereupon the Commons send another Message to the Lords to demand Justice in the name of the Commons of England against the said Earl and that he might be immediately sequester'd from Parliament and committed to safe custody To which the Lords return'd that they had order'd before the coming of their last message the Gentleman Usher of the Black Rod forthwith to take the said Earl into custody Soon after the Lords sent another Message to acquaint the Commons that they had sent both to Wimbleton and to his house in Town to apprehend the said Earl but that the Gentleman Usher of the Black Rod could not find him April 1679. Thereupon the Commons order'd a Bill to be brought in to summon the said Earl to render himself to Justice by a day to be therein limited or in default thereof to attaint him Which Bill having pass'd the House was sent up to the Lords for their concurrence In the mean time the Lords had prepar'd a milder act of their own for the banishing and disabling the Earl of Danby which being rejected by the Commons the Lords desir'd a conference at which they deliver'd back the Bill of attainder choosing so to do by conference rather than by message to preserve a good understanding and to prevent Controversie between the two Houses And to shew the reason why they insisted upon their own amendments of the Bill for attainder it was urg'd that in regard the King had always in his reign been inclin'd to mercy and clemency to all his subjects the first interruption of his clemency ought not to proceed from his two houses This being reported an humble address to his Majesty was presently resolv'd upon to issue out his Royal Proclamation for the apprehending the Earl of Danby with the usual penalties upon those that should conceal him and that his Majesty would be also pleas'd further to give order to the
concluding Conference having agreed to the Bill without further amendments and therefore desir'd the concurrence of the Commons Thus at length the Commons agreed to the amendments made by the Lords and sent a message to acquaint the Lords therewith This was done upon the fourteenth day of this month But upon the sixteenth a Message was sent by the Lords to acquaint the Commons that the night before the Earl of Danby had render'd himself to the Gentleman Usher of the Black Rod and that being call'd to the Bar they had sent him to the Tower Thereupon a Committee was appointed to prepare and draw up further Evidence against him and such further Articles as they should see cause Soon after his Majesty was pleas'd to dissolve his Privy Council and to make another consisting of no more than thirty persons And for the management of the Treasury and Navy five Commissiones were appointed for the Treasury and seven for the Admiralty Then the Commons took into consideration the disbanding of the Army and having voted a supply of 264602 l. 17 s. 3 d. to that intent they then voted that Sr. Gilbert Gerrard Sr. Thomas Player Coll. Birch and Coll. Whitley should be Commissioners to pay the disbanded forces off But now to return to the Earl of Danby upon the 25th of this month a message was sent by the Lords to acquaint the Commons that the said Earl had that same day personally appear'd at the Bar of their House and had put in his plea to the Articles of Impeachment against him The Articles were these as they were deliver'd into the House of Lords in the name of the Commons of England by Sir Henry Capel December 23. 1678. I. That he had traiterously encroacht to himself Regal Power by treating in matters of Peace and War with Foreign Ministers and Embassadors and giving instructions to his Majesties Embassadors abroad without communicating the same to the Secretaries of State and the rest of his Majesties Council against the express Declaration of his Majesty in Parliament thereby intending to defeat and overthrow the provision that has been deliberately made by his Majesty and his Parliament for the safety and preservation of his Majesties Kingdoms and Dominions II. That he had traiterously endeavour'd to subvert the ancient and well-establish'd form of Government of this Kingdom and instead thereof to introduce an Arbitrary and Tyrannical form of Government and the better to effect this his purpose he did design the raising of an Army upon pretence of a war against the French King and to continue the same as a standing Army within this Kingdom and an Army so rais'd and no war ensuing an Act of Parliament having past to disband the same and a great sum of money being granted for that end he did continue the same contrary to the said Act and mis-imploy'd the said money given for the disbanding to the continuance thereof and issued out of his Majesties Revenues great sums of money for the said purpose and wilfully neglected to take security of the Pay-master of the Army as the said Act required whereby the said Law is eluded and the Army yet continued to the great danger and unnecessary charge of his Majesty and the whole Kingdome III. That he trayterously intending and designing to alienate the hearts and affections of his Majesties good Subjects from his Royal Person and Government and to hinder the meeting of Parliaments and to deprive his Sacred Majesty of their safe and wholsom counsel and thereby to alter the constitution of the Government of this Kingdom did propose and negotiate a peace for the French King upon terms disadvantagious to the Interest of his Majesty and Kingdom For the doing whereof he did procure a great sum of money from the French King for enabling him to maintain and carry on his said traiterous designs and purposes to the hazard of his Majesties Person and Government IV. That he is Popishly affected and hath traiterously concealed after he had notice the late horrid and bloody Plot and Conspiracy contriv'd by the Papists against his Majesties Person and Government and hath suppress'd the Evidence and reproachfully discountenanc'd the Kings Witnesses in the Discovery of it in favour of Popery immediately tending to the destruction of the Kings Sacred Person and the subversion of the Protestant Religion V. That he hath wasted the Kings Treasure by issuing out of his Majesties Exchequer several branches of his Revenue for unnecessary Pensions and secret services to the value of 〈…〉 within two years and that he hath wholly diverted out of the known method and Government of the Exchequer one whole branch of his Majesties Revenue to private Uses without any accompt to be made of it to his Majesty in his Exchequer contrary to an express Act of Parliament which granted the same And he hath removed two of his Majesties Commissioners of that part of the Revenue for refusing to consent to such his unwarrantable actings therein and to advance money upon that branch of the Revenue for private uses VI. That he hath by indirect means procured from his Majesty to himself divers considerable gifts and Grants of Inheritances of the ancient Revenues of the Crown contrary to Acts of Parliament For which matters and things the Knights Citizens and Burgesses of the Commons in Parliament do in the name of themselves and of all the Commons of England impeach the said Thomas Earl of Danby Lord High Treasurer of England of High Treason and other high Crimes Misdemeanors and Offences in the said Articles contained And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other accusation or Impeachment against the said Earl and also of replying to the answers of which the said Thomas Earl of Danby shall make to the Premises or any of them or any Impeachment or Accusation which shall be by them exhibited as the cause according to proceedings of Parliament shall require Do pray that the said Thomas Earl of Danby may be put to answer all and every the Premises that such proceedings Tryals Examinations and Judgements may be upon them and every one of them had and used as shall be agreeable to Law and Justice and that he may be sequester'd from Parliament and forthwith committed to custody To these Articles the Earl of Danby soon after put in his Plea as follows The Plea of the Earl of Danby late Lord high Treasurer of England to the Articles of Impeachment and other High Crimes Misdemeanors and Offences Exhibited against him by the name of Thomas Earl of Danby Lord High Treasurer of England THE said Earl for Plea saith and humbly offers to your Lordships as to all and every the Treasons Crimes Misdemeanors and Offences contained or mention'd in the said Articles That after the said Articles exhibited namely the first of March now last past the Kings most excellent Majesty by his most gracious Letters of Pardon under his
Petition into the House of Lords wherein he set forth that he was then attending their Lordships according to Order and expected to have met the Council assign'd him by their Lordships but that he had receiv'd a Message from every one of them that they durst not appear to argue for him by reason of a Vote which the house pass'd yesterday Who thereupon order'd that the Petition should be communicated to the House at the next Conference to know of them whether any such Vote were by them made or no. But here arose a new debate concerning the Bishops which much entangled the interest of the Earl of Danby and the other five Lords in the Tower in reference to their Tryals for the Commons would not prosecute the latter before the first nor the first before such and such things were concluded So that it will be necessary to relate the proceedings of both Houses against the Lords which at length happen'd to be the occasion that neither the one nor the other came to their Tryals as was expected The House having pass'd five resolves for the Impeaching Henry Lord Arundell of Warder William Earl of Pomis John Lord Bellasis William Viscount Stafford and William Lord Peter of Treason and several other Misdemeanors the same day five several Impeachments were accordingly carried up to the Lords but they did not desire they should be sequester'd from Parliament and committed to custody because they were at the same time under restraint in the Tower The Impeachments were first in general That for many years last past there had been contriv'd carried on a trayterous execrable Conspiracy and Plot within this Kingdom of England other places to alter change and subvert the ancient Government Laws of this Kingdom Nation to suppress the true religion therein establish'd to extirpate destroy the professors thereof which said Plot and Conspiracie was Contrived and carried on in divers places and by several ways and means and by a great number of Persons of several Qualities and Degrees who acted therein and intended to execute and accomplish the aforesaid wicked and traiterous designs and purposes That the said five Lords together with Philip Howard commonly called Cardinal of Norfolk and divers others Jesuits Priests and Friers and other Persons as false Traitors to his Majesty and this Kingdom within the time aforesaid had traiterously consulted contriv'd and acted to and for the accomplishing of the said wicked pernicious and traiterous Designs and for that end did most wickedly and traiterously agree conspire and resolve to imprison depose and murther his sacred Majesty to deprive him of his Royal State Crown and Dignity and by malicious and unadvised Speaking Writing and otherwise declared such their purposes and intentions To subject this Kingdom and Nation to the Pope and his Tyrannical Government To seize and share among themselves the Estates of his Majesties Protestant Subjects To erect and restore Abbeys Monasteries and other Convents and Societies which have been long since by the Laws of this Kingdom supprest for their Superstition and Idolatry to deliver up and restore to them the Lands and possessions now invested in his Majesty and his Subjects by the Laws and Statutes of this Realm That the said Conspirators their Accomplices and Confederates had and held several Meetings Assemblies and Consultations wherein it was contriv'd and design'd among them what means should be used and what Persons and Instruments imployed to murder his Majesty and did then and there resolve to effect it by Poysoning Shooting Stobbing or some such like ways and means offer'd rewards and promises of advantage to several Persons to execute the same and hir'd and employed several wicked Persons to Windsor and other places where his Majesty did reside to destroy and murther his Majesty which said Persons accepted such rewards and undertook the perpetrating thereof and did actually go to the said places for that end and purpose That the said Conspirators had procur'd accepted and deliver'd out several Instruments Commissions and Powers made and granted by or under the Pope or other unlawful and usurping Authority to raise Mony Men and Arms and other things necessary for their wicked and traiterous Designs namely to the said Henry Lord Arundel of Warder to be Lord High Chancellor of England to the said William Lord Powis to be Lord Treasurer of England to the Lord Bellasis to be General to the Lord Petre to be Lieutenant General to the Lord Stafford to be Paymaster of the Army That in order to encourage themselves in prosecuting their said wicked Plots Conspiracies and Treasons and to hide and hinder the discovery of the same and to secure themselves from Justice and Punishment the Conspirators and Confederates aforesaid did cause their Priests to administer an Oath of Secrecy together with the Sacrament and upon Confessions to give them Absolutions upon condition that they did conceal the Conspiracy That the better to compass their traiterous Designs they had consulted to raise and had procur'd and rais'd Men Money Horse Arms and Ammunitions and had made applications to and treated and corresponded with the Pope his Cardinals Nuncio's and Agents and with other forreign Ministers and Persons to raise tumults within the Kingdom and invade the same with forraign Forces to surprize seize and destroy his Majesties Navy Forts Magazines and Places of Strength to the ruine and destruction of the Nation That when Sir Edmund-Bury Godfrey a Justice of Peace had according to the duty of his Oath and Office taken several Examinations and Informations concerning the said Conspiracy and Plot the said Conspirators or some of them by the advice councel and instigation of the rest did incite and procure divers persons to lye in wait and pursue the said Sir Edmund-Bury several days with intent to Murder him which at last was prepetrated and effected by them That after the said Murther and before the body was found or the Murther known to any but the Accomplices the said Persons falsly gave out that he was a-live and privately Married and after the Body was found dispersed a false and malicious report that he had Murthered himself Which said Murther was committed with a design to stifle and suppress the Evidence he had taken and had knowledge of and to discourage and deter Magistrates and others from acting in the farther discovery of the said Plot and Conspiracy That of their farther malice they had wickedly continued by many false suggestions to lay the guilt and imputation of the aforesaid Horrid and Detestable Crimes upon the Protestants that so they might escape the punishments they had justly merited and expose the Protestants to great scandal and subject them to Persecution and Oppression in all Kingdoms and Countries where the Roman Religion is receiv'd and professed All which Treasons Crimes and Offences were contriv'd committed perpetrated acted and done by the said Lords and every of them and others the Conspirators against our Soveraign Lord the King his Crown and Dignity and against the Laws and Statutes of the Kingdom Of all which Treasons Crimes and Offences the Knights Citizens and Burgesses in Parliament Assembled
setting up a Pardon to be a Bar against an Impeachment defeats the whole use and effect of Impeachments and should this point be admitted or stand doubted it would totally discourage the exhibiting any for the future Whereby the chief Institution for the preservation of the Government and consequently the Government it self would be destroy'd And therefore the case of the said Earl which in consequence concerns all Impeachments whatsoever ought to be determin'd before that of the five Lords which is but their particular case And without resorting to many Authorities of greater Antiquity The Commons desire your Lordships to take Notice with the same regard they do of the Declaration which that Excellent Prince King Charles the I. of blessed Memory made in this behalf in his Answer to the nineteen Propositions of both Houses of Parliament Wherein stating the several parts of this Regulated Monarchy He says The King the House of Lords and the House of Commons have each their particular Priviledges And among those which belong to the King he reckons Power of pardoning After the Ennumerating of which and other his Preaogatives His said Majesty adds thus Again that the Prince may not make use of this High and perpetual Power to the hurt of those for whose good he hath it and make use of the Name of public Necessity for the Gain of his private Favourites and Followers to the Detriment of the People the House of Commons an excellent preservative of Liberty c. is solely entrusted with the first Propositions concerning the Levying of Mony and the Impeaching of those who for their own ends though countenanc'd by any Surreptitiously gotten Command of the King have violated the Law when he knows it which he is bound to protect and to the protection of which they are bound to advise him at least not to serve him to the contrary And the Lords being entrusted with a Judiciary power are an excellent Skreen and Bank between the Prince and People to assist each against any encroachments of the other and by just Judgment to preserve the Law which ought to be the Rule of every one of the three c. Therefore the Power plac'd in both Houses is more then sufficient to prevent and restrain the Power of Tyranny c. III. Untill the House of Commons have right done them against this Plea of Pardon they may justly apprehend that the whole Justice of the Kingdom in the Case of the five Lords may be obstructed and defeated by Pardons of the like nature IV. And Impeachments are virtually the voice of every particular Subject of this Kingdom crying out against Oppression by which every member of that Body is equally wounded And it will prove a matter of ill consequence that the Universality of the People should have occasion minister'd and continu'd to them to be apprehensive of utmost danger from the Crown from whence they of right expect Protection V. The Commons exhibited Articles of Impeachment against the said Earl before any against the five other Lords and demanded Judgment upon those Articles Whereupon your Lordships having appointed the Tryal of the said Earl to be before that of the other five Lords and now having inverted the said Order gives a great cause of doubt to the House of Commons and raises a jealousie in the Hearts of all the Commons of England That if they should proceed to the Tryal of the said five Lords in the first place not only Justice will be obstructed in the case of those Lords but that they shall never have right done them in the matter of this Plea of Pardon which is of so fatal Consequence to the whole Kingdom and a new device to frustrate the public Justice in Parliament Which Reasons and Matters being duly weigh'd by your Lordships the Commons doubt not but your Lordships will receive satisfaction concerning their Propositions and Proceedings And will agree That the Commons neither ought nor can without deserting their Trust depart from their former Vote communicated to your Lordships That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower c. This Narrative and the Reasons being deliver'd as is already mention'd were the next day read and debated and then the Lords read their own Vote of the 13th of May and their Explanation thereupon and the Question being put whether to insist upon those Votes concerning the Lords Spiritual it was Resolv'd in the Affirmative Eight and twenty of the Lords dissenting What the issue of the dispute would have been is not here to be disputed but this is certain that while both Houses were thus contesting His Majesty himself put an end to their Debates For that very day being come in His Royal Robes into the House of Lords and seated in His Throne the Commons also attending His Majesty was pleas'd to give His Royal Assent to A Bill for the better securing the Liberty of the Subject A Bill for reingrossing of Fines burn'd in the late Fire in the Temple And A Private Bill concerning Charles Dale of Rutlandshire Esq And then having intimated His Resolution to the two Houses to Prorogue them till the 14th of August The Lord Chancellor Prorogu'd them accordingly by His Majesties Command Little else of moment was done this Sessions onely the House of Commons having order'd a Committee to inspect the Miscarriages of the Navy upon their report of the Heads of an Information against Sir Anthony Deane and Mr. Pepys Members of the House they were both by Order of the House committed to the Tower by virtue of which commitment they still remain under Bail Presently after the Prorogation of the Parliament came the News of the Rebellion that was broken out in the West of Scotland where they Proclaim'd the Covenant and set up a Declaration of which the substance was That AS it was not unknown to a great part of the World how happy the Church of Scotland had been while they enjoy'd the Ordinances of Jesus Christ in their Purity and Power of which we had been deplorably depriv'd by the reestablishment of Prelacy So it was evident not only to impartial Persons but to profess'd Enemies with what unparallell'd Patience and Constancy the People of God had endur'd all the Cruelty and Oppression that Prelates and Malignants could invent or exercise And that being most unwilling to act any thing that might import Opposition to lawful Authority though they had all along been groaning under Corruptions of Doctrine slighting of Worship despising Ordinances Confining Imprisoning Exiling their faithful Ministers Fining Confining Imprisoning Torturing Tormenting the poor People Plundering their Houses and Selling their Persons to Forraign Plantations whereby great Numbers in every Corner of the Land were forc'd to leave their Dwellings Wives and Children and to wander as Pilgrims none daring to Supply or Relieve them nor so much as to speak with them upon their Death-beds for fear of making themselves obnoxious
that their Lordships did intend in all their proceedings upon Impeachments depending at that time before their Lordships to follow the usual course and methods of Parliament and therefore the Commons could not apprehend what should induce their Lordships to address to his Majesty for a Lord High Steward in order to the determining the validity of the Pardon which had been pleaded by the Earl of Danby to the Impeachment of the Commons as also for the Tryal of the other five Lords for that they conceiv'd the Constituting of a High Steward was not necessary in regard that judgment might be given in Parliament without a High Steward For which reasons and for that there were several other matters contain'd in their Lordships Message touching the Tryals of the Lords impeach'd which if not settled might occasion several Interruptions and Delays in the Proceedings Therefore the House of Commons did propose to their Lordships that a Committee of both Houses might be appointed to consider of the most proper ways and methods of proceedings upon Impeachments by the House of Commons according to the usage of Parliament that those Inconveniences might be avoided The Reasons of the Commons being thus deliver'd the Lords desir'd another upon the Conference before going wherein they declar'd that they could not agree to a Committee of both Houses because they did not think it conformable to the Rules and Orders of Proceedings of that Court which always was ever ought to be tender in matters relating to their Judicature Upon the report of this Answer the Commons voted that it tended to the Interruption of the good Correspondency between the two Houses and therefore desir'd another Conference with the Lords There the Commons declar'd their care to prevent all interruptions of a good Correspondence between the two Houses which as they were desirous at all times to preserve so was it more especially necessary at such a conjuncture when the most heinous Delinquents were to be brought to Justice that the Enemies of the King and Kingdom might have no hopes left them to see it obstructed by any difficulties arising in the way of proceeding And therefore in Answer to the last Conference it was urg'd That their Lordships did not offer any Answer or satisfaction to the Commons in their necessary Proposals amicably propounded by way of supposition that they might have been confirm'd therein by their Lordships That their Lordships did intend in all their Proceedings upon the Impeachments now depending before their Lordships to follow the usual course and methods of Parliament And further their Lordships had not given the least Answer or satisfaction to the Commons concerning their Lordships addressing to the King for a Lord High Steward though the Commons propos'd their design of satisfaction in as cautious terms as could be on purpose to avoid all disputes about Judicature Thereupon the sence of the Commons was thus summ'd up that They to avoid all Interruptions and Delays in the proceedings against the Lords impeach'd and the inconveniencies that should arise thereby having propos'd to their Lordships that a Committee of both Houses might be nominated to consider of the most proper means and methods of proceedings upon Impeachments and receiving no other Answer from the Lords save onely That they did not think it conformable to the Rules and Orders of the Proceeding of their Court without any Reason assign'd judg'd the said Answer to be a refusal of them to agree with the Commons in appointing such a Committee though heretofore not deny'd when ask'd upon the like occasion and at that time desir'd purposly to avoid disputes and delays So that in fine the sence of the House being thus deliver'd by Mr. Hambden at length he told the Lords that he had commands to acquaint them that things standing so upon their Answer the Commons could not proceed in the Tryal of the Lords before the Method of proceedings were adjusted between the two Houses However this difference was soon passed over had not a large debate interven'd For soon after the Lords sent down a Message to acquaint the Commons That they had appointed a Committee of twelve Lords to meet a Committee of the House of Commons in the inner Court of Wards to consider of propositions and circumstances relating to the Tryal of the Lords in the Tower In the midd'st of these Debates his Majesty was pleas'd to send a Message to the House by Mr. Powle to the following purport That His Majesty had already at the first meeting of Parliament and since by a word or two mention'd the Necessity of having a Fleet out at Sea that Summer yet the season for preparing being advanc'd and our neighbors before us in preparation He could not hold himself discharg'd towards His people if He did not then with more earnestness Commend the same to their present Care and Consideration and the rather from the dayly expectation of the return of the Fleet from the Streights to which a great Arrear was due and did hereby acquit Himself of all the evil Consequences which the want of a Fleet in such a juncture might produce Neither had He done this without considering that their Entring upon the work presently could be no hindrance to the great Affairs upon the House but rather a security in the dispatch thereof However it were the Consideration of this Message was Adjourned for a Week and their former Debates resum'd if they were at all interrupted For now the Committees of Lords and Commons having met two Propositions were made by the Commoners to see the Commission of Lord High Steward and other Commissions In the second place they desired to know what Resolutions had been taken touching the Lords Spiritual whither they should be absent or present As to the first the Lords acquainted them with an Order which they had made that the Office of a High Chamberlain upon the Tryal of Peers upon Impeachment was not necessary to the House of Peers but that the Lords might proceed upon such Tryals though a High Steward were not appointed The Lords also farther declar'd that a Lord High Steward was made hac vice onely that notwithstanding the making of a Lord High Steward the Court remain'd the same and was not thereby alter'd but still remain'd the Court of Peers in Parliament As to the second Proposition the Lords communicated the Resolution of the Peers which was this that the Lords Spiritual had a right to stay in Court in Capital Causes till such time as judgment of Death comes to be pronounced or rather as by a farther explanation of the said Resolution the Lords made it out till the Court proceeded to the Vote of Guilty or not Guilty In the first place the Commons took exception at the words in the Commission of the Lord High Steward for Tryal of the Earl of Danby which were these Ac pro eo quod Officium Seneschalli Angliae cujus praesentia in hac parte requiritur ut
with their Speaker on the Fifth of May in the name of themselves and all the Commons of England demand Judgment against the said Earl upon their Impeachment not doubting but that their Lordships did intend in all their proceedings upon the Impeachment to have follow'd the usual Course and Method of Parliament But the Commons were not a little surpriz'd by the Message sent from their Lordships deliver'd them on the seventh of May thereby acquainting them that as well the Lords Spiritual as Temperal had order'd that the 10th of May should be the day for hearing the Earl of Danby to make good his plea of Pardon And that on the thirteenth of May the other Five Lords should be brought to their Trial and that their Lordships had addressed to His Majesty for naming of a Lord High Steward as well in the Case of the Earl of Danby as of the other Five Lords Upon Consideration of this Message the Commons found that the admitting of the Lords Spiritual to exercise Jurisdiction in these Cases was an alteration of the Judicature in Parliament and which extended as well to the proceeding against the Five Lords as the Earl of Danby And that if a Lord High Steward should be necessary upon Trial on Impeachments of the Commons the power of Judicature in Parliament upon Impeachments might be defeated by suspending or denying a Commission to Constitute a Lord High Steward And that the said days of Trial appointed by their Lordships were so near to the time of their said Message that those Matters and the Method of Proceeding upon the Trial could not be adjusted by conference between the two Houses before the day so nominated And consequently the Commons could not then proceed to Trial unless the zeal which they had for speedy Judgment against the Earl of Danby that so they might proceed to Trial of the other Five Lords should induce them at that juncture both admit the Enlargment of their Lordships Jurisdiction and to sit down under those or any hardships though with the hazard of all the Commons Power of impeaching for time to come rather then that the Trial of the said Five Lords should be deferr'd for some short time while those Matters might be agreed on and Settl'd For reconciling differences in these great and weighty Matters and for saving that time which would necessarily have been spent in Debates and Conferences betwixt the two Houses and for expediting the Trials without giving up the power of Impeachments or rendring them effectual The Commons thought fit to propose to their Lordships that a Committee of both Houses might be appointed for that purpose At which Committee when agreed to by their Lordships it was first proposed That the time of Trial of the Lords in the Tower should be put off till the other Matters were adjusted and it was then agreed That the Proposition as to the time of Trial should be the last thing Considered The effect of which agreement stands reported in their Lordships Books After which the Commons Communicated to their Lordships by their Committee a Vote of theirs that the Committee of the Commons should insist upon the former Vote of the House that the Lords Spiritual ought not to have any Vote in any proceeding against the Lords in the Tower and that when that Matter should be settled and the method of proceedings adjusted the Commons would then be ready to proceed upon the Trial of the Pardon of the Earl of Danby against whom they had before demanded Judgment and afterwards to the Trial of the other Five Lords in the Tower Which Vote extended as well to the Earl of Danby as to the other Five Lords But the Commons had as yet received nothing from their Lordships towards an Answer of that Vote save that their Lordships had acquainted them that the Bishops had ask'd leave of the House of Peers that they might withdraw themselves from the Trial of the Five Lords with Libertie of entring their usual Protestations And though the Commons Committee had almost daily declar'd to their Lordships Committee That that was a necessary point to be settled before the Trial and offer'd to debate the same their Committee still answer'd that they had not power from their Lordships either to confer upon or give any Answer concerning that Matter And yet their Lordships without having given the Commons any Satisfactory Answer to the said Vote or permitting any Conference or debate thereupon did on Thursday the second of May send a Message to the Commons declaring that the Lords Spiritual as well as Temporal had order'd the 27th of May for the Trial of the Five Lords So that the Commons could not but apprehend that their Lordships had not only departed from what was agreed on and in effect lay'd aside by that Committee which was constituted for preserving a good understanding betwixt the two Houses and better dispatch of the weighty affairs depending in Parliament but also must needs conclude from the Message and Votes of their Lordships of the 7th of May That the Lords Spiritual had a right to stay and sit in Court till the Court proceeded to the Vote of Guilty or not Guilty And from the Bishops asking leave that they might withdraw themselves from the Trial of the said Lords with Libertie of entring their usual Protestations and by their persisting to go on and giving their Votes in proceedings upon Impeachments that their desire of leave to withdraw at the Trials was only an evasive answer to the before mentioned Vote of the Commons and chiefly intended as an argument for a right of Judicature in Proceedings upon Impeachment and as a reserve to judge upon the Earl of Danby's plea of Pardon and upon those and other like Impeachments though no such power was ever claim'd by their Predecessors and was utterly deny'd by the Commons And the Commons were the rather induc'd to beleive it so intended because the very asking leave to withdraw seem'd to imply a right to be there and that they could not absent without it The Commons therefore did not think themselves oblig'd to proceed to the Tryal of the Lords on the seventh of May but to adhere to their Vote And for their so doing besides what had been already and formerly said to their Lordships they offer'd these Reasons following I. Because your Lordships have receiv'd the Earl of Danby's Plea of Pardon with a very long and unusual Protestation wherein he has aspers'd His Majesty by false suggestions as if His Majesty had commanded or countenanc'd the Crimes he stands charg'd with and particularly the suppressing and discouraging the Discovery of the Plot and endeavouring to Introduce an Arbitrary and Tirannical way of Government Which remains as a scandal to His Majesty tending to render His Person and His Government odious to His People against which it ought to be the principal care of both Houses to Vindicate His Majesty by doing justice upon the said Earl II. The
of Monmouth return'd for England where he had that reception from his Majesty which his Valour and Conduct had well deserv'd With him the Series of the History returns also and being arriv'd at London there the first thing remarkable which it meets with is the Dissolution of the Parliament To which purpose the King was pleas'd to issue forth His Royal Proclamation That whereas the present Parliament was lately prorogu'd till the 14th of August the Kings most excellent Majesty being resolv'd to meet his people and have their advice in frequent Parliaments had thought fit to dissolve the present Parliament and that he had given directions to the Lord Chancellor for the issuing out of Writs for the calling of a new Parliament to be holden on Tuesday the 7th of October next ensuing It was now a whole month since Mr. Langhorne had receiv'd sentence of Condemnation All this while he had been repriev'd partly for the sake of his Clyents that he might discharge himself of such business of theirs as he had in his hands partly for his own sake to the end he might have retriev'd himself from the ignominy of his execution by a candid and sincere Confession He had sent a Petition to his Majesty wherein after he had given his Majesty most humble thanks for prolonging his life he further set forth that he was ignorant of the subject of the Earl of Roscommons Letter as also of the Grounds upon which it was written That in obedience to his Majesties commands he had made the utmost discovery he could of the Estates he was commanded to disclose and therefore besought his Majesty to grant him his Pardon or at least to give him leave to live though it were abroad and in perpetual banishment he having as he pretended fully obey'd his Majesties Commands But whether he spake truth or no may be fairly appeal'd to the world For it is impossible to think otherwise but that if he had so fully and sincerely obey'd those Commands which it was thought requisite which no question the insight of a wise and discerning Council well knew he could perform his Majesty so punctual to his Mercy as they who have peculiarly tasted it well can testifie would never have swerv'd in the least tittle from the Grace which once he had offer'd him So that when he saw so much confidence in a dying man as to approach the throne of mercy with so much untruth his favourable eye could not look upon that Canting Declaration which follow'd but as the Speech of a Prosopopoeia hammer'd for him in the Popish Forge By which figure he might have enforc'd his Protestations ten times more solemnly without any disadvantage to his credit among his Confessors Having thus therefore spent a month in plausible prevarications at length the fatal warrant came by vertue whereof he was drawn to Tyburn and there executed according to the Sentence pronounc'd against him As for the Speech which he left as a Legacy to the world believing he should not have opportunity to utter it by word of mouth it was nothing but an absolute denyal of what had been so clearly prov'd against him 'T is true 't was farc'd with strange imprecations and solemn Asseverations of his Innocency But how true those Protestations were he himself discovers by a bold untruth that unmantles the fallacy of all the rest For what man of reason can imagine it possible that his Majesty or the Council should think his attainted life so considerable as to turn his Priests and for his dear sake to take upon them the office of the Ministry to convert him from Popery 'T was very likely indeed that they should offer him Great Advantages Preferments and Estates after the judgement was against him to make him forsake his Religion as if the King had wanted a Judge Advocate for his Guards But when he could not beg a Banishment he was resolv'd to bespatter that favour of life which was offer'd him only to be ingenuous in the farther discovery of the foul design wherein he was engag'd but neither for his parts or endowments Not long after Sir George Wakeman William Rumley William Marshall and James Corker Benedictine Monks were brought to their Tryals at the same Bar. The Jury were Ralph Hawtrey Henry Hawley Henry Hodges Richard Downtin Rob. Hampton Esquires William Heydon John Bathurst John Baldwyn Will. Avery Esquires Richard White and Thomas Waite Gent. The Charge against Sir George Wakeman was that whereas there was a design among several of the Popish party to subvert the Government of the Nation by altering the Laws and Religion therein establish'd and taking away the life of his Majesty he the said Sir George had undertaken to do the latter by Poyson That for that piece of service he was to have fifteen thousand pounds of which sum he had already receiv'd five thousand pound in part And that for a further gratuity he had accepted of a Commission to be Physician General of the Army That he receiv'd the Commission from the Provincial of the Jesuites in England and that he read it kept it in his possession and agreed to it with a design to have enter'd upon his employment so soon as the Army should be rais'd To make good the Charge Dr. Oates was sworn and depos'd That he saw a Letter of Sir George Wakemans written to one Ashby a Jesuite then under his directions at the Bath wherein after he had given him the prescriptions he was to observe he sent him word that he was assur'd of a certain person that was to poyson the King That he was present when Ashby offer'd him the 10000 l. in the presence of Harcourt and Ireland to poyson the King That he refus'd it not in abhorrency of the crime but because as he said it was too little for so great a Work That afterwards five thousand pound more was offer'd him as he was credibly inform'd by the order of the Provincial Whitebread But that he certainly saw the Prisoners hand to a receipt in the entry book at Wild-house for five thousand pound part of the said fifteen thousand pound Mr. Bedlow depos'd That he was in Harcourts Chamber where he saw Harcourt deliver to Sir George Wakeman a Bill of two thousand pound which was charg'd as he suppos'd upon a Goldsmith near Temple bar And that Sir George upon receipt of the Bill told Harcourt that if the Bill were accepted he should hear from him suddenly That the Bill was accepted and the money paid by the Confession of Sir George to the Witness That the said 2000l was soon after made up 5000 l. and as Harcourt told this Deponent all upon the same accompt and in part of the 15000 l. Sir George pleaded to all this that he had been left at liberty twenty four days after he had been before the Council and that upon Dr. Oates's being sent for to the House of Lords to repeat his Evidence against Sir George he
ten miles from the City of London And the third was a Proclamation that no Officers or Souldiers of his Majesties Guards should be a Papist His Majesty also observing the affection of both His Houses towards His Royal Person and their zeal for the security of the Nation was pleased to make them a most Gratious Speech wherein he gave them thanks for the care which they took of his Government and Person promising to pass all Acts which they should make for preservation of the Protestant Religion During these Proceedings of Parliament and Council one Staley having out of the abundance of his Heart on the fourteenth of November 1678. spoken most desperate treasonable words against the King and being the next day apprehended for the same was brought publicly to his Tryal at the King's Bench Bar in Westminster Hall upon the twenty first of the same Month. This Staley was a Goldsmith in Covent-Garden and the reason of his inveteracy against the King is said to be for that being a Papist and a Goldsmith that dealt in money he found his Trade decay because the Catholicks with whom his chiefest dealings were call'd in their money faster than he desir'd upon the discovery of the Plot. The Treason urged against him was this that being at the Black Lyon in King-street in the new Buildings between High Holborn and Long-acre with one Fromante his Friend the said Fromante among other discourse was saying That the King of England was a great Tormentor of the people of God Upon which the said Staley flew out into a violent Passion and made answer with the addition of other irreverent words That the King was a great Heretick there 's the heart and here 's the hand I would kill him my self These words being spoken in French were distinctly understood by two English Gentlemen that over-heard and saw the said Staley when he spoke them the door of the Room being open And this also in the presence of another that did not understand French to whom the others immediately interpreted the words He was endited for Imagining and Contriving the Death of the King The Jury were Sr. Philip Matthews Sr. Reginald Foster Sr. John Kirk Sr. John Cutler Sr. Richard Blake John Bifield Esq Simon Middleton Esq Thomas Cross Esq Henry Johnson Esq Charles Umphrevil Esq Thomas Egglesfield Esq William Bohee Esq The Witnesses swore the words positively upon him and the Statute of this Kings Reign making desperate words to be Treason was read and urged against him But his defence was weak while he only endeavoured to evade the Crime by alledging a mistake of the Expression as if he had said I will kill my self instead of I will kill him my self But that shift would not serve for the Jury soon brought him in Guilty whereupon he was condemn'd to be hang'd drawn and quarter'd which Sentence was upon the 26th of the same month executed accordingly So that he had this honour to be the Popes first Martyr for the Plot. It was his Majesties pleasure that his Relations should have the disposal of his Quarters to give them a decent and private burial but they abusing his gracious favour with a publick and more than ordinary funeral Pomp his buried Quarters were ordered to be taken up and to be disposed by the Common Executioner upon the Gates of the City 1678. Next to him Coleman became the publick spectacle of his own conceit and Ambition He had been committed to Newgate by the Council upon the 30th of September which was the next day after Dr. Oates's first Examination He was brought to his Tryal upon the 27th of November before the Judges of the Kings Bench. The Jury were Sr. Reginald Foster Sr. Charles Lee Edward Wilford Esq John Bathurst Esq Joshua Galliard Esq John Bifield Esq Simon Middleton Esq Henry Johnson Charles Umphrevile Thomas Johnson Thomas Egglesfield William Bohee The general Charge of the Enditement was for an intention and endeavour to murder the King for an endeavour and attempt to change the Government of the Nation for an endeavour to alter the Protestant Religion and instead thereof to introduce the Romish Superstition and Popery The particular Charges were one or two Letters written to Monsieur Le Chaise Confessor to the King of France to excite and stir him up to procure aid and assistance from a Forreign Prince Arms and Levies of Men. That this Letter was delivered and an Answer by him received with a promise that he should have Assistance That he wrote other Letters to Sr. William Throckmorton who traiterously conspired with him and had intelligence from time to time from him The main things insisted upon for the Evidence to prove were first That there had been a more than ordinary design to bring in the Popish and extirpate the Protestant Religion That the first On-set was to be made by a whole Troop of Jesuites and Priests who were sent into England from the Seminaries where they had been train'd up in all the Arts of deluding the people That there was a Summons of the principal Jesuits the most able for their head-pieces who were to meet in the April or May before to consult of things of no less weight than how to take away the Life of the King That there was an Oath of Secrecy taken and that upon the Sacrament That there were two Villains among them who undertook that execrable work for the rewards that were promised them Money in case they succeeded and Masses for their souls if they perished That if the first fail'd there were also four Irish men recommended to the Caball men of mean and desperate Fortunes to make the same attempt when the King was the last Summer at Windsor That Forces Aids and Assistances were prepared to be ready both at home and abroad to second the Design That Mr. Coleman knew of all this and encouraged a Messenger to carry money down as a reward of those Murderers that were at Windsor That there were Negotiations to be maintain'd with publick persons abroad money to be procured partly from friends at home and partly beyond Seas from those that wish'd them well in all which Negotiations Mr. Coleman had a busie hand That this Conspiracy went so far that General Officers were named and appointed and many engaged if not listed and this not only in England but in Ireland likewise That the great Civil Offices and Dignities of the Kingdom were also to be disposed of and that Coleman was to have been Secretary of State and had a Commission from the Superiours of the Jesuits to act in that Quality That he had treated by vertue thereof with Father Ferrier and La Chaise Confessors of the King of France for the Dissolution of the Parliament and Extirpation of the Protestant Religion to which purpose he had penned a Declaration with his own hand to justifie the Action when the Parliament was dissolved That he kept intelligence with Cardinal Norfolk with Father Sheldon and
eldest daughter the Lady Mary As for the long Declaration which he wrote as if he had been an actual Secretary of State and employ'd by some certain King his Master to justifie the Dissolution of his Parlament it was produc'd rather to shew his good intentions to his true Soveraign and as a circumstance to confirm the rest than otherwise To all this Mr. Coleman made the slenderest defence imaginable Only being charg'd that he was at a Consult with the Jesuites and Benedictine Monks in August at the Savoy he endeavour'd to prove that he was all that Month in Warwickshire but his witness which was but single not being able to make any positive answer to the questions demanded by the Court his testimony nothing avail'd him no more than his cavil with Doctor Oates that he did not charge him at the Council with all the matters in the Inditement For it was fairly prov'd by one of the Clerks of the Council that he charg'd him severely enough to have him committed to Newgate And that was sufficient for the Prosecutor to do till he came to give his full evidence at the Tryal As to the Letters he said they were only intended for the making the King and the Duke as great as could be as far as he thought it in his power to which end he desired the Court to consider the contexture and connexion of the things therein contain'd After this the Court took notice to the Jury of the Accusation it self and of the Evidence which was of two sorts Letters under his own hand and witnesses viva voce That as to the Letters he rather made his defence by expounding what the meaning was than by denying that he wrote them So that they were to examine what those Letters did import of themselves and what consequences were naturally to be deduc'd from them However it was the opinion and direction of the Court that the substance of the long Letter amounted to this that is so say to bring in the Romish Catholick Religion and to establish it here and to advance an interest for the French King be that what it would That his last Letters did more plainly expound his meaning and intention that when our Religion was to be subverted the nation was also to be subverted and destroy'd In regard there could be no hope of subverting or destroying the protestant Religion but by the subversion not the conversion of the three Kingdomes As to the Witnesses viva voce because the Jury had heard their evidence the Court did not insist upon it only directed the Jury to consider what the Letters did prove the prisoner guilty of directly and of what by Consequence what the prisoner plainly would have done and how he would have done it Upon this the Jury withdrew and after a short stay returning gave up their Verdict which was Guilty and so Mr. Coleman was for that day remanded back to the prison with order to the Keeper to bring him the next morning again to the Bar to receive Sentence The next day being the 28th of November the Prisoner was again brought to the Bar according to Order where being ask'd what he had to say for himself he insisted as to his Papers upon the Act of Grace As to the evidence viva voce he made the same exceptions he had done before only added that he wanted a book of accompts which had been seiz'd on among his Papers by which he could invalidate Dr. Oates's testimony by making it appear he was out of Town all August To the first it was answer'd that he could have no benefit of the Act of Grace in regard his Papers bore date in 74. and 75. since which time there had been no Act made And as for what he said concerning Mr. Oates it was urg'd in vain in regard the Jury had given their Verdict The Exhortations which the Court gave him were in short That whereas he was found guilty of conspiring the death of the King of endeavouring to subvert the Protestant Religion and to bring in Popery and this by the aid and assistance of foraign powers though he seem'd to disavow the matter of the death of the King he should not therefore think himself an innocent man For that it was apparent by his own hand that he was guilty of contriving and conspiring the destruction of the protestant Religion and the introduction of Popery by the aid and assistance of foreign powers from which no man could free him in the least And though it should be true that he would disavow that he had not an actual hand in the contrivance of the Kings death which however two witnesses positively swore against him yet he was to know that he that would subvert the Protestant religion here and consequentially bring in a foreign authority did an act in derogation of the Crown and in diminution of the Kings Title and soveraign Power and made it his endeavours to bring a foreign Dominion both over our Consciences and Estates So that if any man should endeavour to subvert our Religion to bring in that though he did not actually contrive to do it by the death of the King yet that he was guilty of whatsoever follow'd upon that contrivance He was further exhorted to repentance which was the only thing that remain'd And that if he could not with our Church have Contrition which is a sorrow proceeding from Love he would at least make use of Attrition which is a sorrow proceeding from fear For that he might assure himself there were but a few minutes betwixt him and a vast Eternity where would be no dallying no arts us'd And therefore that he should think upon all the good he could do in that little space of time that was left him which was all little enough to wipe off besides his private and secret even his publick offences He was admonished that Confession was very much practis'd in the Religion which he profess'd and that he would do well to exercise it but yet that as his offence was publick so should his Confession be Perchance said the Court he might be deluded with the fond hopes of having his sentence respited But he was exhorted not to trust to it for that he might be flatter'd to stop his mouth till his breath were stopp'd which it was fear'd he would find by the event These friendly and Christian-like Exhortations being concluded by the Judge he then proceeded to the final sentence of the Law which was that he should be Hang'd Drawn and Quarter'd The fatal sentence being past Mr. Coleman offer'd some few things to the Court the sum of which was this That he did admire the Charity of the Court and whereas the Court advised him to Confession he besought their Lordships to hear him some few words The Court indeed had the patience to hear him but what did all his fine words signifie They contain'd nothing but a florid justification of his own innocency in opposition
great Seal of England bearing date at Westminster the said first day of March in the one and thirtieth year of his Majesties reign and here into this most High and Honourable Court produc'd under the said great Seal of his special Grace certain Knowledge and meer Motion hath pardon'd remised released to him the said Earl of Danby all and all manner of Treasons Misprisions of Treasons Confederacies Insurrections Rebellions Felonies Exactions Oppressions publications of words Misprisions Confederacies Concealments Negligences Omissions Offences Crimes Contempts Misdemeanors and Trespasses whatsoever by himself done or with any other person or persons or by any other by the command advice assent consent or procurement of him the said Thomas E. of Danby advis'd committed attempted made perpetrated conceal'd committed or omitted before the 27th day of Feb. then and now last past being also after the time of the said Articles exhibited although the said Premises or any of them did or should touch or concern the person of his said Majesty or any of his publick Negotiations whatsoever and also his Majesties affairs with foreign Embassadors sent to his said Majesty or by not rightly prosecuting his Majesties Instructions and Commands to his Embassadors residing on his Majesties behalf in foreign parts And as to all and singular accessories to the said premises or any of the indicted impeached appealed accused convicted adjudged out lawed condemned or attainted and all and singular Indictments Impeachments Inquisitions Informations Exigents Judgements Attainders Outlaries Convictions pains of Death Corporal punishments Imprisonments Forfeitures Punishments and all other pains and penalties whatsoever for the same or any of them and all and all manner of suits Complaints Impeachments and demands whatsoever Which his said Majesty by reason of the Premises or any of them then had or for the future should have or his heirs or successors any way could have afterwards against him the said Thomas Earl of Danby And also suit of his Majesties peace and whatever to his Majesty his heirs or successors against him the said Earl did or could belong by reason or occasion of the Premises or any of them And his Majesty hath thereby granted his firm Peace to the said Tho. E. of Danby And further his Majesty willed and granted that the said Letters-Patents and the said Pardon and Release therein contain'd as to all the things Pardon'd and Releas'd should be good and effectual in the law though the Treasons Misprisions of Treasons Insurrections Rebellions Felonies Exactions Oppressions Publications of words Misprisions of Confederacies Concealments Negligencies Omissions Offences Crimes Contempts Misdemeanors and Trespasses were not certainly specified And notwithstanding the Statute by the Parliament of King Ed. 3. in the 14th year of his reign made and provided or any other Statute Act or Ordinance to the contrary thereof made and provided And moreover his said now Majesty by his said Letters Patents of his farther Grace did firmly command all and singular Judges Justices Officers and others whatsoever That the said Free and General Pardon of his said Maj. and the general words clauses and sentences abovesaid should be construed and expounded and adjudged in all his Majesties Courts and elsewhere in the most beneficial ample and benign sense And for the better and more firm discharge of the said Earl of and from the crimes and offences aforesaid according to the true intents of his Majesty and in such beneficial manner and form to all intents and purposes whatsoever as if the said Treasons Crimes Offences Concealments Negligencies Omissions Contempts and Trespasses aforesaid and other the said Premises by apt express and special words had been remitted released and pardoned and that the said Letters Patents of Pardon and the Release and Pardon therein contain'd shall be pleaded and allowed in all and every his Majesties Courts and before all his Justices whatsoever without any Writ of allowance any matter cause or thing whatsoever in any wise notwithstanding as by the said Letters Patents themselves more at large appeareth which said Letters Patents follow in these words Carolus Dei Gratia Angliae Scotia Franciae Hibernae Rex Fidei defensor c. Omnibus ad quos prasentes Literae nostrae pervenerint Salutem Sciatis quod nos pro diversis bonis causis considerationibus Nos ad hoc specialiter moventibus de Gratia Nostra speciali mero motu Nostris Pardonavimus Relaxavimus c. And the said Earl doth averr that he the said Thomas Earl of Danby in the said Articles named is the said Thomas Earl of Danby in the said Letters of Pardon here produced likewise named Which Pardon the said Earl doth rely upon and pleaded the same in Bar of the said Impeachment and in discharge of all the Treasons Crimes Misdemeanors and Offences contained or mentioned in the said Articles of Impeachment and every of them And this the said Earl is ready to averr Whereupon he humbly prays the judgement of your Lordships and that his Majesties most Gracious Pardon aforesaid may be allowed And that he the said Earl by vertue hereof may be from all the said Articles of Impeachment and all and every of the Treasons and Crimes therein alledg'd against him acquitted and discharg'd The Earl of Danby having thus put in his Plea to the Articles of Impeachment the Commons referr'd it to the Committee of Secresie to examine the matter of the Plea of the Earl of Danby and to enquire how Presidents stood in relation to the Pardon and in what manner and by what means the same was obtained Who thereupon made their Report That they could find no President that ever any Pardon was granted to any Person impeach'd by the Commons of High Treason and depending the Impeachment So that they presently order'd that a Message should be sent to the Lords to desire their Lordships to demand of the Earl of Danby whether he would rely upon and abide by his Plea or not In the midst of these disputes a business of another Nature intervenes For one Mr. Reading having been accus'd to the Commons for going about to corrupt the Kings Evidence in the behalf of the five Lords in the Tower they presently order'd him to be secur'd and made an Address to his Majesty that he would be pleas'd to issue forth a Commission of Oyer and Terminer for the Tryal of the said Mr. Reading wherein they made the more hast to the end his Tryal might be over before that of the Lords which it was then thought was near at hand Hereupon the Commission was expedited and upon the 24th of this Month the Commissioners met at Westminster-Hall in the Court of Kings Bench. The Commissioners were the twelve Judges of England Sir James Butler Sir Philip Matthews Sir Thomas Orby Sir Thomas Byde Sir William Bowles Sir Thomas Stringer Sir Charles Pitfeld Thomas Robinson Humfrey Wirley Thomas Haryot and Richard Gower Esquires The Prisoner was endicted by the name of Nathaniel Reading for
did in the Name of themselves and of the Commons of England impeach the said William Earl of Powis William Viscount Stafford Henry Lord Arundel of Warder William Lord Petre and John Lord Bellasis and every of them And the said Commons saving to themselves the Liberty of Exhibiting at any time hereafter against other Accusations or Impeachments against the said Lords and every of them and also of Replying to the Answers which they and every of them should make to the premises or any of them or to any other Accusation or Impeachment which should be by them exhibited as the cause according to course and proceedings of Parliament should require did pray that the said Lords and every of them should be put to Answer all and every the Premises and that such Proceedings Examinations Tryals and Judgments might be upon them and every of them had and used as should be agreeable to Law and Justice and course of Parliament The Articles of Impeachment being drawn up and finish'd and carri'd up to the Lords House the Lieutenant of the Tower was ordered to bring up the Prisoners to the Bar where after they had kneeled awhile they were order'd to stand up and hear their Charge which when they had heard the Lord Chancellor ask'd them what they had to say for themselves letting them know withal that his Majesty would appoint a Lord High Steward for their Tryals Thereupon the Lords impeach'd made several requests in order to their several Defences upon their Tryals and then withdrew for a time After the House had taken their requests into consideration they were called in again and the Lord Chancellor gave them to understand that the several Endictments found against them by the Grand Jury should be brought into that Court by Writ of Certiorari and that they might have Copies of the Articles of Impeachment and should have convenient time given them to send in their respective Answers thereunto All this while the Lord Bellasis had not appeared at the Bar it being sworn that he was so ill that he could not stir out of his bed which reasonable excuse was allow'd for the time Not long after a Message was sent from the Lords to acquaint the Commons that the Lords impeach'd had all except the Lord Bellasis brought up their Answers to the Charge exhibited against them and that their Lordships had sent them the Originals desiring to have them return'd Soon after it was found that the Lord Bellasis had sent in his Answer without Appearance which occasion'd a great Debate Whether by his not appearance he had been Arraign'd or no and whether his Answer were legal The consideration of which business was referr'd to the Committee of Secrecy as also to look into the Answers of the five Lords to consider of the Methods of Proceedings upon Impeachments and to Report their Opinions Which were That the Lord Bellasis being Impeach'd of High Treason by the Commons could not make any Answer but in person And that the several Writings put in by the other Lords which they call'd their Pleas and Answers were not Pleas or Answers but Argumentative and Evasive to which the Commons neither could nor ought to reply That though the Answers of the other four Lords were sufficient yet that there ought not to be any Proceedings against them until the Lord Bellasis had put in a sufficient Answer in person That the Commons should demand of the Lords that their Lordships would forthwith order and require the said Lords to put in their perfect Answers or in default thereof that the Commons might have Justice against them Thereupon it was order'd by the Commons That a Conference should be desir'd with the Lords touching the Answers of the five Lords in the Tower and that the Managers thereof should acquaint their Lordships that they intended to make use of no other Evidence against the five Lords then for matter done within seven years last past desiring their Lordships withal to appoint a short day for the said five Lords to put in their effectual Pleas and Answers to the Articles of Impeachment But e're this Conference could be had a Message came from the Lords to acquaint the House That John Lord Bellasis had that day appear'd in person at the Bar of the House and had put in his Answer to the Articles of Impeachment which they had accordingly sent them The next day came another Message from the Lords to acquaint them That the Lords Powis Stafford and Arundel had appear'd likewise at the Bar and had retracted their former Pleas and had put in their Answers which they had also sent for them to view and consider All which Answers were by the Commons referr'd to the Secret Committee What these Answers were may be easily seen by that of the Lord Petre's here inserted For as their Crimes were the same so their Defences could not vary much either in sence or matter The Lord Petre's Answer to the Articles of Impeachment THE said Lord in the first place and before all other protesting his Innocency c. The said Lord doth with all humility submit himself desiring above all things the Tryal of his Cause by this most Honourable House so that he may be provided to make his just Defence for the clearing of his Innocency from the Great and Hainous Crimes charged against him by the said Impeachment This being prayed as also liberty to Correct Amend and Explain any thing in the said Plea contained which may any ways give this Honourable House any occasion of Offence which he hopes will be granted The said Lord as to that part of the Impeachment that concerns the matter following Namely That for divers years last past there had been contrived and carryed on by the Papists a most traiterous and execrable Conspiracy and Plot within this Kingdom of England and other places to alter and subvert the Antient Government and Laws of this Kingdom and Nation and to suppress the true Religion therein Establisht and to extirpate and destroy the Professors thereof and that the said Plot and Conspiracy was contrived and carryed on in divers places and by several ways and means and by a great number of several Persons of Qualities and Degrees who acted therein and intended thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes That the said William Lord Petre and other Lords therein named together with several other persons therein likewise named and mentioned as false Traitors to his Majesty and Kingdom within the time aforesaid have traiterously acted and consulted to and for the accomplishing of the said wicked pernicious and traiterous Designs and to that end did most wickedly and traiterously Agree Consult Conspire and Resolve to Imprison Depose and Murther His Sacred Majesty and deprive