House of Lords Journal Volume 13
16 April 1679

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1767-1830

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'House of Lords Journal Volume 13: 16 April 1679', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 519-526. URL: http://british-history.ac.uk/report.aspx?compid=11674 Date accessed: 16 April 2014. Add to my bookshelf


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DIE Mercurii, 16 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Epus. London.
Epus. Durham.
Epus. Carlile.
Epus. Rochester.
Epus. Ely.
Epus. Bath & Wells.
Epus. Landaff.
Epus. Lyncoln.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol.
Dux Cumberland.
Ds. Cancellarius.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Pembrook & Mount.
Comes Suffolke.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westmerland.
Comes Manchester.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Winchilsea.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes Rochester.
Comes St. Albans.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Guilford.
Comes Sussex.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Delawar.
Ds. Berkeley.
Ds. Morley.
Ds. Ferrors.
Ds. De Grey.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Robertes.
Ds. Lovelace.
Ds. Paulet.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Herbert de Cherb.
Ds. Leigh.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. (fn. *) Colepeper.
Ds. Rockingham.
Ds. Gerard de Brand.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler M. Park.

PRAYERS.

E. Chesterfield takes the Oaths.

This Day Phillip Earl of Chesterfeild took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving of the King's Person and Government, by disabling Papists from sitting in either House of Parliament.

Weld to be attached, for not preventing the Back Avenues to the Spanish Ambassador's Chapel.

This House having received an Account from the Lords Committees for examining Matters relating to the Discovery of the late horrid Conspiracy, "That Humphrey Weld Esquire hath not obeyed the Orders given him, for preventing the Back Avenues to the Chapel of the Spanish Ambassador; but hath frustrated the Intent thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House, or his Deputy or Deputies, shall forthwith attach the Body of the said Humphrey Weld, and bring him in safe Custody to the Bar of this House, to answer for the same; and this shall be a sufficient Warrant on that Behalf.

To Sir George Charnock, Serjeant at Arms, his Deputy or Deputies, and to all His Majesty's Officers Civil and Military, to be aiding and assisting in the Execution hereof.

Order to prevent Tumults when the Five Lords are bringing to this House.

This House taking Notice, with great Dislike, of tumultuous Concourse and Noise of People, upon Occasion of bringing the Lords Prisoners in The Tower to Westminster:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Mayor of the City of London, and the Justices of Peace and Head Bailiff for the City of Westminster, and the Justices of Peace for the County of Surrey, be, and are hereby, required respectively, within their several Jurisdictions and Limits, to take Care and order, in such Manner as to them shall seem meet, that there be no such disorderly Assembling of People, in the said Cities of London or Westm. Borough of Southwarke, or at, or near, Lambeth, or in any Part of any of the said Places, at any Time, and in particular at such Times as the Lords who are Prisoners in The Tower shall be brought either by Land or by Water to Westminster, from henceforth, during the Time of their respective Trials.

D. Norfolk versus Hodgson & al. Privilege.

Upon reading the Petition of John Hodgson of North-end, John Hodgson of West-end, Joseph Mathew, Richard Selby, and Georg Ball of Cumberland, Gent.; shewing, "That, being summoned to appear at the Bar, for a Breach of Privilege of the Duke of Norffolk, as in a Petition presented by Richard Marriot on the Behalf of the said Duke is suggested; and further shewing, That they humbly conceive that no Title of the said Duke's can be concerned in the Suit by them commenced, which however they submit to the Judgement of this House, and beg Pardon for their Offence, being willing to withdraw all Proceedings which shall be judged contrary to Privilege:"

Upon Consideration had thereof, it is ORDERED, That the Examination of this Matter be, and is hereby, referred to the Lords Committees for Privileges; whose Lordships are to consider whether a Lord beyond the Seas on his own Account ought to have Privilege, and to report their Opinion upon both the said Cases to the House: And it is further ORDERED, That, in the mean Time, no Proceedings shall be had against the said Petitioners, for not appearing according to the Time in the said Summons limited concerning this Matter.

E. of Danby surrendered himself to the Black Rod.

The Gentleman Usher of the Black Rod acquainting the House, "That Thomas Earl of Danby had rendered himself into his Custody the last Night:"

He was commanded, by the House, forthwith to bring the said Earl to the Bar.

Upon which, the said Usher of the Black Rod soon after brought the said Earl of Danby to the Bar; where he kneeled till the Lord Chancellor bid him stand up; and did let his Lordship know, "That he stands impeached, by the House of Commons, of High Treason, and other High Crimes, Misdemeanors, and Offences; and that he had Time given him this Parliament to answer thereunto, which he had not done; but had withdrawn himself, and thereby caused the Parliament to spend much Time concerning him, which is now very precious, in the Exigency of Affairs both to the King and Kingdom." And demanded of his Lordship, "What he had to say to this Matter?"

To which the Earl of Danby making some Answer, by Way of Excuse for his withdrawing to this Time, and hoping to clear his Innocency, made several Requests to the House, in order to his answering the said Charge, and making his Defence upon his Trial.

After which, his Lordship being withdrawn, the House took into Consideration the Requests made by the Earl of Danby.

And, after some Time spent therein, the Earl of Danby being called to the Bar again, and kneeling (as before);

Copy of his Impeachment, Time to answer, and Council assigned, &c.

The Lord Chancellor, by Order of the House, did let his Lordship know, "That the Lords had considered of his Requests; and that he may have a Copy of the Articles against him, and might have had one sooner, if those that serve him had not neglected it; and that the House hath given him Time to put in his Answer to the said Articles, till the First Day of the Sitting of this House after Easter Day, and shall know that Day more certainly at the Rising of the House before Easter; and that he shall have further Time to answer to any new Articles that shall be brought up against him; and shall know his whole Charge before his Trial; and do order, That Serjeant Raymond, Mr. Saunders, and Mr. Holt, be assigned of Counsel for him, according to his Lordship's Request; and that such other Counsel (not being the King's Counsel) as his Lordship shall name shall likewise be assigned, if it be desired; and that his Lordship shall have Liberty to search and take out Copies of Records and Journals, in order to his Defence; and that Summons shall be issued for such Witnesses as his Lordship shall send in the Names of, to be made Use of at his Trial; and that he shall have Liberty, at his Trial, to explain himself upon any Words by him then spoken, which, being misapprehended, may be to his Prejudice: And that as to his Lordship's last Request, concerning his remaining under the Custody of the Black Rod, their Lordships adjudge, that he stand committed Prisoner to The Tower."

Then, the Earl of Danby being withdrawn, the Order for his Commitment was as followeth:

Committed to The Tower.

"Whereas Thomas Earl of Danby, being charged with Treason, and other high Crimes, Misdemeanors, and Offences, by Impeachment of the House of Commons, hath rendered himself into the Custody of the Gentleman Usher of the Black Rod attending this House, and was this Day brought to the Bar: It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Usher of the Black Rod take Care to convey and deliver the said Earl of Danby into The Tower of London, there to remain in safe Custody till he shall be discharged by due Course of Law; and for so doing, this shall be a sufficient Warrant.

To Sir Edward Carteret Knight, Gentleman Usher of the Black Rod attending this House, and to the Lieutenant of The Tower of London, their respective Deputies, and every of them."

Paving the Streets.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords Sub-committees for Privileges do meet To-morrow Morning, at Nine of the Clock, in the Prince's Lodgings, to consider of the Inconveniences which arise for Want of paving and repairing the Streets; and what Course they shall judge sit to be taken for the more effectual remedying thereof, and make Report to the House: And that His Majesty's Attorney General, the Surveyors of His Majesty's Works, and Mr. Sandys, do then attend their Lordships, at the Place aforesaid.

Ly. Goring Leave to come to Town.

The House being moved, "That Dame Mary Goring, who, by reason of His Majesty's late Proclamation, cannot without Leave come to Town, for some Time, for the Recovery of her Health:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dame Mary Goring be, and is hereby, authorized and permitted to come to, and abide in, the Cities of London and Westminster, or either of them, for the Space of One Month next after the Date of this Order, for the Purpose aforesaid, but no longer.

Message to H. C. that the Lords have committed the E. of Danby.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir John Hoskyns:

To acquaint them, that the Earl of Danby hath rendered himself to the Black Rod; and, being brought to the Lords Bar, the Lords have ordered his Commitment to The Tower of London.

Liberty of the Subject, Habeas Corpus Bill.

ORDERED, That To-morrow Morning this House be put into a Committee, to take into Consideration the Bill for the better securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas.

Hitherto examined, this 1st of May, 1679, by us,

J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Vaughan Carbery.
Delamer.

Impeached Lords at the Bar.

This Day being appointed for the Four Lords Prisoners in The Tower to put in their Answers to the Impeachment of the House of Commons against them:

The House ORDERED, That every Lord singly should be brought to the Bar, and kneel, and be demanded, "Whether he had brought his Answer?"

E. Powis's Plea and Answer.

The First was the Earl of Powys; who delivered in his Answer in Writing; which was made as followeth:

"The several Plea of William Earl of Powis, now Prisoner in The Tower of London, to Part, and his several Answer to the Residue, of the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited to the Lords Spiritual and Temporal in Parliament assembled, against the said Earl and others therein named, whereof the said Earl stands impeached, by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves, and of all the Commons of England.

"The said Earl, in the First Place, and before all others, protesting his Innocency of and from all the Treasons, and other Crimes and Offences whatsoever, in the said Articles contained, and no Way acknowledging, confessing, granting, or admitting, all or any the Clauses, Articles, or Matters, in the said Articles of Impeachment contained or specified (so far as the same any Way concerns him) to be true, as in and by the same Articles of Impeachment is supposed; and humbly praying a favourable Construction by this most Honourable House of what the said Earl shall humbly offer by Way of Plea to such Part of the Impeachment as is hereunder mentioned, and that the same may not be taken or construed as any Subtersuge or Evasion of the Justice of this most Honourable House, to which the said Earl doth with all Humility submit himself; desiring above all Things the Trial 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 heinous Crimes charged upon him by the said Impeachment: This being prayed, as also Liberty to correct, amend, or explain, any Thing in this his Plea and Answer contained, which may any Way give this most Honourable House any Occasion of Offence; and, he hopeth, being granted; the said Earl, as to that Part of the Impeachment that containeth the Matter following, namely, "That, for many Years now last past, there hath been contrived and carried on, by Papists, a traiterous and execrable Conspiracy and Plot, within this Kingdom of England and other Places, to alter, change, and subvert, the ancient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein established, and to extirpate and destroy the Professors thereof; and that the said Plot and Conspiracy 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 thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes; that the said Earl of Powis, and the other Lords therein named, together with the several other Persons therein likewise named or mentioned, as false Traitors to His Majesty and this Kingdom, within the Time aforesaid, have traiterously consulted, contrived, and acted, to and for the accomplishing the said wicked, pernicious, and traiterous Designs; and for that End did most wickedly and traiterously agree, conspire, and resolve, to imprison, depose, and murder, His Sacred Majesty, and to deprive Him of His Royal Estate, Crown, and Dignity, and, by malicious and advised speaking, writing, and otherwise declaring such their Purposes and Intentions; and also to subject this Kingdom and Nation to the Pope, and to His tyrannical Government; and to seize and share amongst themselves the Estates and Inheritances of His Majesty's Protestant Subjects; and to erect and restore Abbies, Monasteries, and other Convents and Societies, which have been long since by the Laws of this Kingdom suppressed, for their Superstition and Idolatry, and to deliver up and restore to them the Lands and Possessions now vested in His Majesty and His Subjects by the Laws and Statutes of this Realm; and also to found and erect new Monasteries and Convents; and to remove and deprive all Protestant Bishops, and other Ecclesiastical Persons, from their Offices, Benefices, and Preserments; and by this Means to destroy His Majesty's Person, extirpate the Protestant Religion, overthrow the Rights, Liberties, and Properties, of all His Majesty's good Subjects, subvert the lawful Government of this Kingdom, and subject the same to the Tyranny of the See of Rome; and that the said Conspirators, and their 'Complices and Consederates, traiterously had and held several Meetings, Assemblies, and Consultations, wherein it was contrived and designed amongst them, what Means should be used, and what Persons and Instruments should be employed, to murder His Majesty; and did then and there resolve to effect it, by poisoning, shooting, stabbing, or some such like Ways and Means;" and also as to that Part of the Impeachment which chargeth, "That the said Earl of Powys, and the other Persons in the said Impeachment named, the better to compass their traiterous Designs, have consulted to raise Men, Money, Horses, Arms, and Ammunition;" the said Earl of Powis, saving to himself (and which he humbly prayeth may be reserved to him) the Liberty of answering over, and denying all and singular the said Crimes and Offences so charged upon him, saith, and humbly offereth to this most Honourable House, That the Charge of those Crimes and Offences, so imposed upon him by the said Impeachment, is so general and incertain, that he cannot by any Possibility give any direct Answer thereto, nor make his just and lawful Defence upon any Trial of the same; for that the said Charge hath no Manner of Certainty in Point of Time, it being laid only, "for many Years now last past a traiterous and execrable Plot and Conspiracy hath been contrived and carried on;" which may be for Five, Ten, Twenty, or Thirty, or more Years past; whereby, though the said Earl knoweth himself to be altogether innocent of any such horrid and detestable Crimes as by the said Impeachment are objected against him, yet it is no Way possible for him, upon any Trial thereof, to be prepared with his just and lawful Defence, by Witnesses, to prove himself absent, and in another Place, at the Time of such Meeting or Consultation to or for any the wicked Designs and Purposes in the said Impeachment mentioned, as upon his Trial may be suddenly objected against him, when he cannot, by any Care or Foresight whatsoever, have such Witnesses ready as could disprove the same, if he were certainly charged for any traiterous Act or Crime, at any Time certainly alledged in the said Impeachment; nor is the same Charge in the said Impeachment more certain as to the Place of any such traiterous Meeting or Consultation laid down in the said Impeachment, it being only alledged to be "at divers Places within the Realm of England, and elsewhere;" which, for the Causes aforesaid, is likewise so utterly incertain, that it deprives the said Earl of his just Defence upon his Trial: The Incertainty likewise of the Number of Meetings or Consultations, to the wicked Purposes in the Impeachment mentioned; and the not shewing how many Times the said Earl met and consulted, and with whom in particular, doth likewise deprive him of all Possibility of making his Defence, or producing his Witnesses; for that the said Earl, being wholly innocent, cannot suppose or imagine what Meeting or Consultation, either to raise Men or Money, for the carrying on of a traiterous Design, or to any other wicked Intent or Purpose in the said Impeachment mentioned, shall or may be objected against him upon his Trial; and it is as much impossible for him to bring Witnesses to prove all the Meetings he hath had with others in his Life-time, as it is for him to know, upon this general Charge, what Meeting or Consultation may upon his Trial be objected against him as a traiterous Meeting or Consultation: And where it is in the said Impeachment charged upon the said Earl, "That he hath uttered Treason, by malicious and advised speaking, writing, and otherwise declaring;" the said Earl saith, That never any traiterous Thought ever entered into his Heart; and therefore he cannot possibly know or discover what Words or Writing he ever spoke, uttered, wrote, or declared, which are now charged upon him as Treason, there being no Words or Writing at all specified in the Impeachment, whereby the said Earl might know how to prepare his Defence against them, or that this most Honourable House might judge whether the same Words or Writing were in Law treasonable or not.

"All which Incertainties, and the imminent and apparent Danger of the said Earl's being thereupon surprised in his Trial of a Cause of this Consequence to the said Earl, wherein his Life (and Honour, more dear to him than his Life), and all else that is dear to him in this World, are immediately concerned, being seriously weighed and considered by your Lordships; he humbly prayeth, as by his Counsel he is advised, That your Lordships will not put him to answer the said Impeachment, as to the Charges herein above recited, till the same be reduced to some competent Certainty, that the Earl may know what to answer unto, and may be thereby enabled to make his just Defence accordingly: All which notwithstanding, he humbly submitteth to your Lordships grave Judgements and Considerations; professing himself always ready and willing to do and submit to whatsoever your Lordships in Justice shall order or think fit. And as to all other the Treasons, Crimes, and Offences whatsoever, contained, mentioned, or specified in the said Impeachment; the said Earl, protesting that they are uncertainly and insufficiently alledged, and therefore saving to himself the Benefit of Exception thereunto, for Answer thereto saith, That he is not, nor ever was, guilty of the said Treasons, Crimes, and Offences, or of any or either of them, of which he stands charged by the said Impeachment; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice the said Earl now doth, and always shall, rely upon, and therein acquiesce.

"Powis."

Viscount Stafford's Plea and Answer.

The Lord Viscount Stafford was brought in like Manner, and delivered in his Answer; which was read, as followeth:

"The several Plea of William Viscount of Stafford, now Prisoner in The Tower of London, to Part, and his several Answer to the Residue, of the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited to the Lords Spiritual and Temporal in Parliament assembled, against the said Viscount and others therein named, whereof the said Viscount stands impeached, by the Knights, Citizens, and Burgesses in Parliament assembled, in the Name of themselves and of all the Commons of England.

The said Viscount, in the First Place, and before all others, protesting his Innocency of and from all the Treasons, and other Crimes and Offences whatsoever, in the said Articles contained, and no Way acknowledging, confessing, granting, or admitting, all or any the Clauses, Articles, or Matters, in the said Articles of Impeachment contained or specified (so far as the same may any Way concern him) to be true, as in and by the same Articles of Impeachment is supposed; and humbly praying a favourable Construction, by this most Honourable House, of what the said Viscount shall humbly offer, by Way of Plea, to such Part of the Impeachment as is hereunder mentioned, and that the same may not be taken or construed as any Subterfuge or Evasion of the Justice of this most Honourable House, to which the said Viscount doth, with all Humility, wholly submit himself; desiring above all Things the Trial 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 heinous Crimes charged upon him by the said Impeachment: This being prayed, as also Liberty to correct, amend, or explain, any Thing in this his Plea and Answer contained, which may any Way give this most Honourable House any Occasion of Offence; and, he hopeth, being granted; the said Viscount, as to that Part of the Impeachment that containeth the Matter following; namely, "That, for many Years now last past, there hath been contrived and carried on, by Papists, a traiterous and execrable Conspiracy and Plot, within this Kingdom of England and other Places, to alter, change, and subvert, the ancient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein established, and to extirpate and destroy the Professors thereof; and that the said Plot and Conspiracy 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 thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes; that the said Viscount of Stafford, and the other Lords therein named, together with the several other Persons therein likewise named or mentioned, as false Traitors to His Majesty and this Kingdom, within the Time aforesaid, have traiterously consulted, contrived, and acted, to and for the accomplishing the said wicked, pernicious, and traiterous Designs; and, for that End, did most wickedly and traiterously agree, conspire, and resolve, to imprison, depose, and murder, His Sacred Majesty, and to deprive Him of His Royal Estate, Crown, and Dignity, and by malicious and advised speaking, writing, and otherwise declaring such their Purposes and Intentions; and also to subject this Kingdom and Nation to the Pope, and to His tyrannical Government; and to seize and share amongst themselves the Estates and Inheritance of His Majesty's Protestant Subjects; and to erect and restore Abbies, Monasteries, and other Convents and Societies, which have been long since, by the Laws of this Kingdom, suppressed for their Superstition and Idolatry, and to deliver up and restore to them the Lands and Possessions now vested in His Majesty and His Subjects by the Laws and Statutes of this Realm; and also to found and erect new Monasteries and Convents; and to remove and deprive all Protestant Bishops, and other Ecclesiastical Persons, from their Offices, Benesices, and Preferments; and by this Means to destroy His Majesty's Person, extirpate the Protestant Religion, overthrow the Rights, Liberties, and Properties, of all His Majesty's good Subjects, subvert the lawful Government of this Kingdom, and subject the same to the Tyranny of the See of Rome; and that the said Conspirators, and their 'Complices and Consederates, traiterously had and held several Meetings, Assemblies, and Consultations, wherein it was contrived and designed amongst them, what Means should be used, and what Persons and Instruments should be employed, to murder His Majesty; and did then and there resolve to effect it, by poisoning, shooting, stabbing, or some such like Ways and Means;" and also as to that Part of the Impeachment which chargeth, "That the said Viscount of Stafford, and the other Persons in the said Impeachment named, the better to compass their traiterous Designs, have consulted to raise Men, Money, Horses, Arms, and Ammunition;" the said Viscount of Stafford, saving to himself (and which he humbly prayeth may be reserved to him) the Liberty of answering over and denying all and singular the said Crimes and Offences so charged upon him, saith, and humbly offereth to this most Honourable House, That the Charge of those Crimes and Offences, so imposed upon him by the said Impeachment, is so general and incertain, that he cannot by any Possibility give any direct Answer thereto, nor make his just and lawful Defence upon any Trial of the same; for that the said Charge hath no Manner of Certainty in Point of Time, it being laid only, "for many Years now last past a traiterous and execrable Plot and Conspiracy hath been contrived and carried on;" which may be for Five, Ten, Twenty, or Thirty, or more Years past; whereby, though the said Viscount knoweth himself to be altogether innocent of any such horrid and detestable Crimes as by the said Impeachment are objected against him, yet it is no Way possible for him, upon any Trial thereof, to be prepared with his just and lawful Defence, by Witnesses, to prove himself absent, and in another Place, at the Time of such Meeting or Consultation to or for any the wicked Designs and Purposes in the said Impeachment mentioned, as upon his Trial may be suddenly objected against him, when he cannot, by any Care or Foresight whatsoever, have such Witnesses ready as could disprove the same, if he were certainly charged for any traiterous Act or Crime at any Time certainly alledged in the said Impeachment; nor is the said Charge in the said Impeachment more certain as to the Place of any such traiterous Meeting or Consultation laid down in the said Impeachment, it being only alledged to be, "at divers Places within the Realm of England, and elsewhere;" which, for the Causes aforesaid, is likewise so utterly incertain, that it deprives the said Viscount of his just Defence upon his Trial: The Incertainty likewise of the Number of Meetings or Consultations to the wicked Purposes in the Impeachment mentioned, and the not shewing how many Times the said Viscount met and consulted, and with whom in particular, doth likewise deprive him of all Possibility of making his Defence, or producing his Witnesses; for that the said Viscount, being wholly innocent, cannot suppose or imagine what Meeting or Consultation, either to raise Men or Money for the carrying on of a traiterous Design, or to any other wicked Intent or Purpose in the said Impeachment mentioned, shall or may be objected against him upon his Trial; and it is as much impossible for him to bring Witnesses to prove all the Meetings he hath had with others in his Life-time, as it is for him to know, upon this general Charge, what Meeting or Consultation may upon his Trial be objected against him as a traiterous Meeting or Consultation: And where it is in the said Impeachment charged upon the said Viscount, "That he hath uttered Treason, by malicious and advised speaking, writing, and otherwise declaring;" the said Viscount faith, That never any traiterous Thought ever entered into his Heart; and therefore he cannot possibly know or discover what Words or Writing he ever spoke, uttered, wrote, or declared, which are now charged upon him as Treason; there being no Words or Writing at all specified in the Impeachment, whereby the said Viscount might know how to prepare his Defence against them, or that this most Honourable House might judge whether the same Words or Writing were in Law treasonable or not.

"All which Incertainties, and the imminent and apparent Danger of the said Viscount's being thereupon surprised in his Trial of a Cause of this Consequence to the said Viscount, wherein his Life (and Honour, more dear to him than his Life), and all else that is dear to him in this World, are immediately concerned, being seriously weighed and considered by your Lordships; he humbly prayeth, as by his Counsel he is advised, That your Lordships will not put him to answer the said Impeachment, as to the Charges herein above recited, till the same be reduced to some competent Certainty, that the Viscount may know what to answer unto, and may be thereby enabled to make his just Defence accordingly: All which notwithstanding, he humbly submitteth to your Lordships grave Judgements and Considerations; professing himself always ready and willing to do and submit to whatsoever your Lordships in Justice shall order or think fit. And as to all other the Treasons, Crimes, and Offences whatsoever, contained, mentioned, or specified in the said Impeachment; the said Viscount, protesting that they are uncertainly and insufficiently alledged, and therefore saving to himself the Benefit of Exception thereunto, for Answer thereunto saith, That he is not, nor ever was, guilty of the said Treasons, Crimes, and Offences, or of any or either of them, of which he stands charged by the said Impeachment; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice the said Viscount now doth, and always shall, rely upon, and therein acquiesce.

"Stafford."

These Two foregoing Answers, of the Earl of Powis and the Viscount of Stafford, could not be examined by us; because the Originals of them were, by Order of the House, delivered back to their Lordships, before our Meeting to examine the Book: But they were read before us, May 1st, 1679.

J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Vaughan Carbery.
Delamer.

L. Petre's Answer.

The Lord Petre was brought in the like Manner, and delivered in his Answer; which was read, as followeth:

"The humble Answer of William Lord Petre, now Prisoner in The Tower of London, to the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited against him and others, by the Knights, Citizens, and Bur gesses in Parliament assembled, according to the Direction of an Order of this House, of the Ninth of this Instant April.

"All Advantages of Exception to the said Articles of Impeachment to this Defendant saved and reserved:

"As to the First Part of the said Articles, by which it is set forth, "That, for many Years now last past, there hath been contrived and carried on, by Papists, a traiterous and execrable Conspiracy and Plot, within this Kingdom of England and other Places, to alter, change, and subvert, the ancient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein established, and to extirpate and destroy the Professors thereof; which said Plot and Conspiracy 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 thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes;" this Defendant saith, That he doth not know that all or any of the Matters herein before recited are true, of his own Knowledge; nor any otherwise, but by the Prooss heard and taken before both Houses of Parliament, and by their Votes thereupon, and likewise by the several Indictments, Trials, Verdicts, and Judgements, lately had and given in divers Courts of Record relating thereunto.

"And this Defendant further saith, That he is not guilty of all or any the Matters by the said Articles of Impeachment charged against him; and, for his Trial thereupon, he humbly putteth himself upon God and his Peers.

"Will. Petre."

Hitherto examined, this 1st of May, 1679, by us,

J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Vaughan Carbery.
Byron.
Delamer.

L. Arundell of Wardour's Plea and Answer.

The Lord Arundell of Wardour was brought in the like Manner, and delivered in his Answer; which was read, as followeth:

"The several Plea of Henry Lord Arundell of Wardour, now Prisoner in The Tower of London, to Part, and his several Answer to the Residue, of the Articles of Impeachment of High Treason, and other high Crimes and Offences, exhibited to the Lords Spiritual and Temporal in Parliament assembled, against the said Lord Arundell of Warder, and others therein named, whereof the said Lord stands impeached, by the Knights, Citizens, and Burgesses, in Parliament assembled, in the Name of themselves and of all the Commons of England.

"The said Lord, in the First Place, and before all others, protesting his Innocency of and from all the Treasons, and other Crimes and Offences whatsoever, in the said Articles contained; and no Way acknowledging, confessing, granting, or admitting, all or any the Clauses, Articles, or Matters, in the said Articles of Impeachment contained or specified (so far as the same any Way concerns him), to be true, as in and by the same Articles of Impeachment is supposed; and humbly praying a favourable Construction, by this most Honourable House, of what the said Lord shall humbly offer by Way of Plea to such Part of the Impeachment as is hereunder mentioned, and that the same may not be taken or construed as any Subterfuge or Evasion of the Justice of this Honourable House, to which the said Lord doth, with all Humility, wholly submit himself; desiring, above all Things, the Trial 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 heinous Crimes charged upon him by the said Impeachment: This being prayed, as also Liberty to correct, amend, or explain any Thing in this his Plea and Answer contained, which may any Way give this most Honourable House any Occasion of Offence; and, he hopeth, being granted; the said Lord, as to that Part of the Impeachment that containeth the Matter following, namely, "That, for many Years now last past, there hath been contrived and carried on, by Papists, a traiterous and execrable Conspiracy and Plot, within this Kingdom of England and other Places, to alter, change, and subvert, the ancient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein established, and to extirpate and destroy the Professors thereof; and that the said Plot and Conspiracy 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 thereby to execute and accomplish their aforesaid wicked and traiterous Designs and Purposes; that the said Lord, and the other Lords therein named, together with the several other Persons therein likewise named or mentioned, as false Traitors to His Majesty and this Kingdom, within the Time aforesaid, have traiterously consulted, contrived, and acted, to and for the accomplishing the said wicked, pernicious, and traiterous Designs; and, for that End, did most wickedly and traiterously agree, conspire, and resolve, to imprison, depose, and murder His sacred Majesty, and to deprive Him of His Royal Estate, Crown, and Dignity; and, by malicious and advised speaking, writing, and otherwise, declaring such their Purposes and Intentions; and also to subject this Kingdom and Nation to the Pope, and to His tyrannical Government, and to seize and share amongst themselves the Estates and Inheritances of His Majesty's Protestant Subjects; and to erect and restore Abbies, Monasteries, and other Convents and Societies, which have been long since, by the Laws of this Kingdom, suppressed, for their Superstition and Idolatry; and to deliver up and restore to them the Lands and Possessions now vested in His Majesty and His Subjects by the Laws and Statutes of this Realm; and also to found and erect new Monasteries and Convents; and to remove and deprive all Protestant Bishops, and other Ecclesiastical Persons, from their Offices, Benefices, and Preferments; and by this Means to destroy His Majesty's Person, extirpate the Protestant Religion, overthrow the Rights, Liberties, and Properties of all His Majesty's good Subjects, subvert the lawful Government of this Kingdom, and subject the same to the Tyranny of the See of Rome; and that the said Conspirators, and their 'Complices and Consederates, traiterously had and held several Meetings, Assemblies, and Consultations wherein it was contrived and designed amongst them what Means should be used, and what Persons and Instruments should be employed, to murder His Majesty; and did then and there resolve to effect it, by poisoning, shooting, stabbing, or some such like Ways and Means;" and also to that Part of the Impeachment which chargeth, "That the said Lord, and the other Persons in the said Impeachment named, the better to compass their traiterous Designs, have consulted to raise Men, Money, Horses, Arms, and Ammunition;" the said Lord, saving to himself (and which he humbly prayeth may be reserved to him) the Liberty of answering over and denying all and singular the said Crimes and Offences so charged upon him, saith, and humbly offereth to this most Honourable House, That the Charge of those Crimes and Offences, so imposed upon him by the said Impeachment, is so general and incertain, that he cannot by any Possibility give any direct Answer thereto, nor make his just and lawful Defence upon any Trial of the same, for that the said Charge hath no Manner of Certainty in Point of Time; it being laid "for many Years now last past, a traiterous and execrable Plot and Conspiracy hath been contrived and carried on;" which may be for Five, Ten, Twenty, or Thirty, or more Years past, whereby, though the said Lord knoweth himself to be altogether innocent of any such horrid and detestable Crimes as by the said Impeachment are objected against him, yet it is no Way possible for him, upon any Trial thereof, to be prepared with his just and lawful Defence, by Witnesses, to prove himself absent, and in another Place, at the Time of such Meeting or Consultation to or for any the wicked Designs and Purposes in the said Impeachment mentioned, as upon his Trial may be suddenly objected against him, when he cannot, by any Care or Foresight whatsoever, have such Witnesses ready as could disprove the same, if he were certainly charged for any traiterous Act or Crime, at any Time certainly alledged in the said Impeachment; nor is the same Charge in the said Impeachment more certain, as to the Place of any such traiterous Meeting or Consultation laid down in the said Impeachment, it being only alledged, to be "at divers Places, within the Realm of England and elsewhere;" which, for the Causes aforesaid, is likewise so utterly incertain, that it deprives the said Lord of his just Defence upon his Trial: The Incertainty likewise of the Number of Meetings or Consultations to the wicked Purposes in the Impeachment mentioned, and the not shewing how many Times the said Lord met and consulted, and with whom in particular, doth likewise deprive him of all Possibility of making his Defence, or producing his Witnesses; for that the said Lord, being wholly innocent, cannot suppose or imagine what Meeting or Consultation, either to raise Men or Money, for the carrying on of a traiterous Design, or to any other wicked Intent or Purpose in the said Impeachment mentioned, shall or may be objected against him upon his Trial; and it is as much impossible for him to bring Witnesses to prove all the Meetings he hath had with others in his Life-time, as it is for him to know, upon this general Charge, what Meeting or Consultation may, upon his Trial, be objected against him as a traiterous Meeting or Consultation: And where it is in the said Impeachment charged upon the said Lord, "that he hath uttered Treason, by malicious and advised speaking, writing, and otherwise declaring;" the said Lord saith, That never any traiterous Thought ever entered into his Heart; and therefore he cannot possibly know or discover what Words or Writing he ever spoke, uttered, wrote, or declared, which are now charged upon him as Treason; there being no Words or Writing at all specified in the Impeachment, whereby the said Lord might know how to prepare his Defence against them, or that this most Honourable House might judge whether the same Words or Writing were in Law treasonable or not.

"All which Incertainties, and the imminent and apparent Danger of the said Lord's being thereupon surprised in his Trial of a Cause of this Consequence to the said Lord, wherein his Life (and Honour, more dear to him than his Life), and all else that is dear to him in this World, are immediately concerned, being seriously weighed and considered by your Lordships; he humbly prayeth, as by his Counsel he is advised, That your Lordships will not put him to answer the said Impeachment, as to the Charges herein above recited, till the same be reduced to some competent Certainty, that the said Lord may know what to answer unto, and may be thereby enabled to make his just Defence accordingly: All which notwithstanding, he humbly submitteth to your Lordships grave Judgements and Considerations; professing himself always ready and willing to do and submit to whatsoever your Lordships in Justice shall order or think fit. And as to all other the Treasons, Crimes, and Offences whatsoever, contained, mentioned, or specified in the said Impeachment; the said Lord, protesting that they are uncertainly and insufficiently alledged, and therefore saving to himself the Benefit of Exception thereunto, for Answer thereto saith, That he is not, nor ever was, guilty of the said Treasons, Crimes, and Offences, or of any or either of them, of which he stands charged by the said Impeachment; and, for his Trial thereof, putteth himself upon, and humbly submitteth to, the Judgement of your Lordships; whose Justice the said Lord now doth, and always shall, rely upon, and therein acquiesce.

This foregoing Answer of the Lord Arundell of Wardour could not be examined by us, because the Original of it was, by Order of the House, delivered back to his Lordship before our meeting to examine the Book: But it was read before us, May 1st, 1679.

"Hen, Arundell."
J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Vaughan Carbery.
Byron.
Delamer.

Message to H. C. with the Lords Answers.

A Message was sent to the House of Commons, by Sir Tymothy Baldwin and Sir John Hoskins:

To let them know, that the Five Lords, Prisoners in The Tower, have put in their several and respective Answers to the Impeachment, brought up from the House of Commons against them; which this House communicates to them, and desires that the said Original Answers may be returned with all convenient Speed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 17um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined, this 1st of May 1679, by us,

J. Bridgewater.
Clarendon.
Craven.
P. Bath & Wells.
Byron.
Vaughan Carbery.
Delamer.

Footnotes

* Bis in Originali.