DIE Veneris, 25 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. Bangor.
Epus. Lyncolne.
Epus. Worcester.
Epus. Exon.
Epus. St. David's.
Epus. Bristol. |
Ds. Cancellarius.
Comes Shaftesbury, Præses Concilii Domini Regis.
Ds. Custos Privati Sigilli.
Dux Albemarle.
Dux Monmouth.
Marq. Winton.
L. Chamberlain.
Comes Oxon.
Comes Kent.
Comes Derby.
Comes Huntingdon.
Comes Bedford.
Comes Salisbury.
Comes Bridgewater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Clare.
Comes Westmerland.
Comes Mulgrave.
Comes Rivers.
Comes Peterborough.
Comes Stanford.
Comes Winchilsea.
Comes Carnarvon.
Comes Chesterfeild.
Comes Thannet.
Comes Strafford.
Comes Sunderland.
Comes Scarsdale.
Comes St. Alban.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Craven.
Comes Aylesbury.
Comes Burlington.
Comes Guilford.
Comes Feversham.
Vicecomes Campden.
Vicecomes Fauconberg.
Vicecomes Halyfax.
Vicecomes Newport. |
Ds. Mowbray.
Ds. Berkeley.
Ds. Ferrers.
Ds. Sandys.
Ds. Cromwell.
Ds. Eure.
Ds. Wharton.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Norreys.
Ds. Brooke.
Ds. Grey de Wark.
Ds. Lovelace.
Ds. Maynard.
Ds. Herbert de Cherb.
Ds. Byron.
Ds. Vaughan.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Rockingham.
Ds. Gerard B.
Ds. Wotton.
Ds. Delamer.
Ds. Frescheville.
Ds. Arundell de T.
Ds. Butler M. P. |
PRAYERS.
Dr. Smith, removed from The Gatehouse to Newgate.
Whereas Emanuell Smith, Doctor in Physic, stands
committed Prisoner to The Gatehouse at Westminster, for
endeavouring to prevail with Doctor Jones to poison
William Bedloe:
It appearing to this House, that there are other
Matters against him the said Emanuell Smith, for which
he ought to be brought to a speedy Trial; it is thereupon ORDERED, by the Lords Spiritual and Temporal
in Parliament assembled, That the Keeper of the Prison
of The Gatehouse aforesaid be, and is hereby, required
to take Care that the said Emanuell Smith be forthwith
conveyed to the Prison of Newgate, there to remain in
safe Custody, in order to his said Trial; and this shall be
a sufficient Warrant on that Behalf.
To the Keeper of the Prison of The Gatehouse at Westm. and the Keeper of Newgate, and their respective Deputies, and
every of them.
Cooling versus Stratfold, in Error.
Whereas, by virtue of His Majesty's Writ of Error
returnable into the House of Lords in Parliament assembled, a Record of the Court of King's Bench was
brought into this Court on the 13th Day of March last,
with the Transcript thereof, wherein Judgement is
entered for Samuell Stratfold, against Joseph Cooling; upon
which Writ, Errors being assigned, and Issue joined;
this Day was appointed to hear the said Errors argued:
Upon hearing Counsel on both Sides to argue the said
Errors, and due Consideration had thereof; it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of
the Court of King's Bench, given for the said Samuell
Stratfold, recited in the Transcript to the said Writ of
Error annexed, be, and is hereby, affirmed; and that
the said Writ of Error and Transcript annexed be remitted to the Court of King's Bench, to the End that
the said Samuell Stratfold may have Execution upon the
said Judgement, in like Manner as if no such Writ of
Error had been brought into this Court: And their
Lordships do further adjudge, That the said Joseph Cooling shall pay to the said Samuell Stratfold the Sum of
Ten Pounds, for his Costs, by reason of the Delay of
the Execution of the said Judgement, occasioned by
bringing the said Writ of Error into this Court, to be
recovered by the Rules and Means of Costs taxed by
the Court of King's Bench in like Cases.
Sir Nicholas Stoughton to be discharged, who is committed by the Court of Exchequer, in a Cause which he has appealed to this House.
Upon Complaint made to this House, "That Sir
Nicholas Stoughton Baronet, who hath brought into
this House an Appeal from some Proceedings in the
Court of Exchequer against him, concerning Mills
in Stoake, near Guilford, in the County of Surrey, and
other Matters therein suggested, is now arrested, and
committed to the Prison of The Fleete, by Order of
the Court of Exchequer, for not answering to Interrogatories in the said Cause against which the said
Appeal is brought as aforesaid, and while he was in
Prosecution of the said Appeal:"
Upon Consideration had thereof, it is ORDERED, by
the Lords Spiritual and Temporal in Parliament assembled,
That the said Sir Nicholas Stoughton shall have the Protection of this House, for prosecuting the said Appeal;
and that the Warden of The Fleete be, and is hereby,
required forthwith to discharge the said Sir Nicholas
Stoughton from his present Imprisonment in The Fleete
for the Cause aforesaid; and this shall be a sufficient
Warrant on that Behalf.
To the Warden or Keeper of the Prison
of The Fleete, his Deputy and Deputies,
and every of them.
Tempest, L. Lumley's Steward, Leave to travel, to make up his Accompts.
The House being moved, "That William Tempest,
who hath for some Time past been employed in managing and keeping the Accompts of certain Coal
Mines belonging to the Lord Lumley of the Kingdom
of Ireland, may have Leave to travel beyond Five
Miles from his own Dwelling, to perfect the said Accompts:"
It is thereupon ORDERED, by the Lords Spiritual and
Temporal in Parliament assembled, That the said William
Tempest be, and is hereby, authorized and permitted to
travel to Newcastle and Sunderland, in order to the
perfecting of the said Accompts and Matters whereby
he is intrusted by the said Lord Lumley, for the Space
of Two Months from the Date of this Order, but no
longer.
Bill for clearing London and Westm. of Papists.
ORDERED, That, To-morrow Morning, the Amendments in the Bill for clearing the City of London and
Parts adjacent from Papists, shall be taken into further
Consideration, in a Committee of the whole House.
E. Danby at the Bar:
This Day being appointed for the Earl of Danby to
put in his Answer, in Writing, to the Impeachment of
the House of Commons against him:
His Lordship was brought to the Bar, by the Lieutenant of The Tower; where having kneeled until he was
bid to stand up, the Lord Chancellor, by Directions of
the House, demanded of the Earl of Danby his Answer;
who delivered in a Parchment, as his Plea and Answer,
which was read, as followeth:
His Plea and Answer.
"The Plea of Thomas Earl of Danby, late Lord
High Treasurer of England, to the Articles
of Impeachment of High Treason, and other
high Crimes and Misdemeanors and Offences,
exhibited against him, by the Name of Thomas
Earl of Danby, Lord High Treasurer of England.
The said Earl, saving and reserving to himself the
Benefit of His Majesty's most Gracious Pardon by him
hereunder pleaded, and which he humbly prayeth
may be saved and reserved to him, by Protestation,
faith, That, as the said Articles exhibited against him
are so general and uncertain, that he cannot make
any particular Answer thereto, or give any particular
Account thereof; so the said Earl humbly conceiveth,
and is advised by his Counsel, with humble Submission
to your Lordships Judgement, That there is no particular Charge of High Treason declared by any
Overt Act, or certainly alledged in the said Articles; nor
any other Crime therein so certainly alledged and set
down, that the said Earl can any Way take Issue thereupon, or make Answer, or his just and lawful Defence thereto: And the said Earl, by Protestation,
also faith, That it never entered into his Heart to
encroach any Regal Power to himself, by any Way
or Means whatsoever, much less by treating in Matters of War and Peace with any Foreign Prince or
Ambassador in his the said Earl's own Name, if it be
meant so by the said Articles: But, if it be meant
by the said Articles that the said Earl so treated in
His Majesty's Name (as he hopeth it is), or gave
Instructions to His Majesty's Ambassadors Abroad,
without communicating the same to the Secretaries of
State and the rest of His Majesty's Council, and against
the express Declaration of His Majesty and His Parliament; if any particular Instance thereof had been
laid down in the said Articles, the said Earl could have
given a particular Account thereof. And the said
Earl, by Protestation, also faith, That whatsoever the
said Earl acted in such Affairs was by the Advice and
Privity of His Majesty's Council and Secretaries of
State, or by His Majesty's own express Command and
Directions, if perhaps the same was not made known
to the Council or Secretaries of State. The said Earl
also, by Protestation, saith, That he never endeavoured
any Subversion of the Government; nor had he ever
any such Design, as in the Articles is alledged; nor
did he continue the Army when raised, nor was it in
his Power so to do: But, as the Money granted by
Parliament for disbanding the Army came into His
Majesty's Exchequer, the said Earl, being then Lord
Treasurer, signed Warrants for Payment of the said
Money, and every Part of it, over to the Pay-Master
General, to be paid for the Disbanding of the said
Army, and took Receipts of him accordingly, as likewise Security from him of Four Hundred Thousand
Pounds, according to the Intent and Meaning of the
Act of Parliament in that Behalf, as by the said Warrants, Receipts, and Security, it doth and may appear; whereby the said Earl did all that in him lay,
that the Money should not be misemployed; so that
no Fault can justly be imputed to him in that Affair.
The said Earl, by Protestation, likewise saith, That
he never proposed or negotiated for any Peace at all
for the French King, on any Terms whatsoever; nor
had he ever any such traiterous or wicked Designs, Intents, or Purposes, as are mentioned; nor did he
ever receive any Money at all from the French King,
or by His Directions, to or for any Purpose whatsoever; nor did he ever attempt or endeavour to procure any Sum of Money whatsoever, either great or
small, for the carrying on or maintaining of any such
wicked or ill Design or Purpose as is charged upon
him: But, whatsoever he proposed or negotiated in
any Affairs or Matters relating to Peace or War, the
same was with and by His Majesty's Command, Privity,
and Directions, and not otherwise, and without any
traiterous or ill Design and Purpose. The said Earl
furthermore, by Protestation, saith, That he cannot
possibly imagine the Reason wherefore he should be
charged to be popishly affected; he having always
been educated in, and a Professor of, the true Protestant Religion established in the Church of England;
and is no Way conscious to himself of his having
acted any Thing contrary thereto, or tending in the
least to the Prejudice or Subversion thereof, which
might give any just Cause of Suspicion of his being
popishly affected, as is alledged. And as to any Concealment of the late Plot and Conspiracy against His
Majesty's Person and Government, after he had Notice thereof; the said Earl, by Protestation, faith,
That, about the Middle of August last (which was
the First Time that the said Earl ever had any the
least Notice of it), His Majesty sent the said Earl some
Papers which were sealed up, and did at the same
Time send the said Earl Word, "That one Kirby and
Dr. Tongue would come and speak with the said Earl
about the said Papers; after which, His Majesty expected to hear more of the Matter from the said Earl
at Windsor (whither he was then newly gone):" And
within a Day or Two, the said Kirby did bring the
said Dr. Tongue to the said Earl; and the said Earl
shewing the Doctor the said Papers; he told the said
Earl, "That those were the same Papers which he
had delivered to the King; who told the said Doctor,
that he would send the said Earl the Papers, and had
commanded him the said Doctor to wait upon the said
Earl about the same." He, the said Doctor, at the
same Time, also told the said Earl, "That the said
Papers were but Copies; and that the Originals of
those Papers which were in his Custody had been put
under the Door of his Chamber; and that he did not
then know who was Author of the Originals, but
guessed at one who was most likely to be the Author;
but would not name any-body." In some short Time
after, the Doctor came to the said Earl again, with
an additional Paper to the former; and then told the
said Earl, "he had met with the Man he supposed
to be the Author; who had owned himself to be so,
and had given him an additional Paper, of which that
he then gave the said Earl, was a true Copy: But
said, the Author would not have his Name known,
nor his Hand seen, by any but the Doctor himself,
because he feared he might be in great Danger if
the Jesuits should know of him." The said Earl then
went immediately to His Majesty to Windsor, and gave
him an Account of what had passed: And so he the
said Earl did as often as the said Doctor Tongue (with
whom only he the said Earl had any Conference about
that Matter) gave him any further Information; and
doubteth not but His Majesty, out of His Royal
Goodness and Justice, will clear the said Earl in this
Particular. And the said Earl further, by Protestation, faith, That he made several Applications, and
was very importante with His Majesty, he might
have Liberty to make known the same to others of
His Majesty's Council; but could not obtain Liberty
so to do: Wherefore the said Earl's not revealing
of such Notice to others ought to be attributed to his
Duty; and not to any Favour of Popery, or to any
other ill Intent or Design whatsoever. And, by Protestation, also faith, That he had none other Notice
of the said Plot, than what was afterwards given publicly to the said Earl and the rest of His Majesty's
Council together: Neither hath the said Earl at any
Time suppressed any Evidence, or reproachfully or
otherwise discountenanced the King's Witnesses in
Discovery of the Plot; but, on the contrary, was
the most active Person in causing of the Papers of
Coleman to be seized, whereby great Part of the Plot
was discovered; and the said Earl did deliver all the
said Papers to the Privy Council, and the same were
transmitted thence to the Parliament, where, the said
Earl conceiveth, they now remain. And the said Earl,
by Protestation, further faith, That he believeth near
the Sum mentioned within the Space of Three Years,
though not within the Time in the Charge mentioned,
hath been issued out of His Majesty's Treasury, upon
and by virtue of Privy Seals, for Secret Service; and
that upon such Privy Seals many considerable Sums
of Money have been paid for Public Uses, such Payments being oftentimes made both for saving Charge
of new Privy Seals, and to save a great Part of the
Fees of the Exchequer: But what Part of the said
Monies is meant to be paid for unnecessary Pensions,
the said Earl knoweth not; but, by Protestation, saith,
all the said Monies were issued out by him by legal
Warrant, and according to the usual Course in such
Cases. And what Branch of His Majesty's Revenue
was at any Time diverted out of the known Method
and Government of the Exchequer, the said Earl
knoweth not; he the said Earl, during all the Time
he had the Honour to serve His Majesty in the Office
of Lord High Treasurer, having taken all the Care
he could, that all and every Branch of His Majesty's
Revenue should be duly brought into the Exchequer,
and issued out there-thence, by Tallies struck in the
ordinary and usual Manner; as he doubteth not but
will appear upon Inspection thereof, and of the Accompts taken thereof, and still remaining in the said
Exchequer. And the said Earl, by Protestation,
knoweth not which of His Majesty's Commissioners
are meant to have been put out of their Offices; there
having been divers Commissioners removed in several
Offices of the Revenue: But sure he is, that he did
not remove, nor procure any to be removed, for any
such Reason as is alledged. But where Commissioners
were constituted by Commission in an Office during
the King's Pleasure (as all Commissioners for managing any Part of His Majesty's Revenue are), if His
Majesty were pleased upon any Occasion to renew such
Commission, and leave any of the former Commissioners
out of the new Commission, the said Earl hopeth he
hath not any Way offended therein. And the said
Earl, by Protestation, further faith, That he must
needs acknowledge, that he served a most Gracious
and Bountiful Royal Master, who was graciously pleased
freely to confer His Bounty upon the said Earl: Yet
the said Earl faith, That he hath not, during the Time
of his serving His Majesty in the said Office, gained
any such considerable Estate as should render him suspected of using any ill Means for the obtaining of it;
many of his Predecessors in that Office having in less
Time gained more considerable and far greater Estates
by it than the said Earl hath, and yet were never accused for using any indirect or ill Means in obtaining
or procuring the same. And further the said Earl, by
Protestation, faith, That he never used any indirect
Means whatsoever, nor by any indirect Means procured from His Majesty any Gift or Grant whatsoever; nor is he in the least knowing or sensible that
he hath offended against any Act of Parliament in
that Behalf: But, for that the said Earl is sensible of
his own Weakness in the Management of so great an
Office and Employment; and that, although he
knoweth his Heart to be sincere, having never admitted a Thought into it leading either to Treason or
any other Crime against His Majesty or the Government, or Religion established; yet, that he may have
erred out of Ignorance, or for Want of Understanding or Ability to manage an Office of so great Trust,
wherein His Majesty was pleased to place him; and
for that he cannot foresee what Misinterpretation or
severe Construction may be put upon any of his
Actions in a Place of so great Trust, and chiefly that
he may not seem to wave His Majesty's Grace and
Favour to him; the said Earl, for Plea, faith, and
humbly offereth to your Lordships, as to all and every
of the said Treasons, Crimes, Misdemeanours, and
Offences, contained or mentioned in the said Articles.
That, after the said Articles exhibited, namely, the
First Day of March now last past, the King's most
Excellent Majesty, by His most Gracious Letters Patents of Pardon under His Great Seal of England,
bearing Date at Westm. the said First Day of March,
in the One and Thirtieth Year of His Reign, and
herein to this most High and Honourable Court produced under the said Great Seal, of His special Grace,
certain Knowledge, and mere Motion, hath pardoned,
remised, and released, to him the said Thomas Earl of
Danby, all and all Manner of Treasons, Misprisions
of Treasons, Insurrections, Rebellions, Felonies, Exactions, Oppressions, Publication of Words, Misprisions, Confederacies, Concealments, Negligencies,
Omissions, Offences, Crimes, Contempts, Misdemeanours, and Trespasses whatsoever, by himself alone,
or with any other Person or Persons, or by any other
by the Command, Advice, Assent, Consent, or Procurement, of him the said Thomas Earl of Danby,
advised, commanded, attempted, made, perpetrated,
concealed, committed, or omitted, before the Seven
and Twentieth Day of February 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 Public Negotiations whatsoever, and His Majesty's Affairs with Foreign Ambassadors sent to His said Majesty; or by not rightly
prosecuting His Majesty's Instructions and Commands to His Ambassadors residing on His Majesty's
Behalf in Foreign Parts, and also all and singular
Accessories to the said Premises and every of them,
although he the said Thomas Earl of Danby were or
were not of the said Premises or any of them indicted,
impeached, appealed, accused, convicted, adjudged,
outlawed, condemned, or attainted; and all and singular Indictments, Impeachments, Inquisitions, Informations, Exigents, Judgements, Attainders, Outlawries, Convictions, Executions, 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 afterward, against him
the said Thomas Earl of Danby; and also Suit of His
Majesty's Peace, and whatsoever to His said Majesty,
His Heirs or Successors, against him the said Earl of
Danby, did or could belong, by Reason or Occasion of
the Premises, or any of them; and His Majesty hath
thereby given and granted His firm Peace to the said
Thomas Earl of Danby: And further His Majesty
willed and granted, That the said Letters Patents, and
the said Pardon and Release therein contained, as to
all the Things therein pardoned and released, should
be good and effectual in the Law, although the Treasons, Misprisions of Treasons, Insurrections, Rebellions,
Felonies, Exactions, Oppressing, Publishing of Words,
Misprisions, Confederacies, Concealments, Negligences, Omissions, Offences, Crimes, Contempts, Misdemeanours, and Trespasses, were not certainly specified;
and notwithstanding the Statute in the Parliament of
the Lord Richard the Second, late King of England,
in the Thirteenth Year of His Reign, made and provided; and notwithstanding the Statute in the Parliament of the Lord Edward the Third, late King of
England, in the Fourteenth 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 further Grace, did firmly command
all and singular Judges, Justices, Officers, and others
whomsoever, That the said free and general Pardon
of His said Majesty, and the general Words, Clauses,
and Sentences abovesaid, should be construed, expounded, and adjudged, in all His said Majesty's 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 Intent of
His Majesty, and in such beneficial Manner and Form,
to all Intents and Purposes, as if the said Treasons,
Misprision of Treason, Crimes, Offences, Concealments, Negligences, Omissions, Contempts, and Trespasses aforesaid, and other the 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 contained,
should be pleaded and allowed in all and every His
Majesty's 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 Secundus, Dei Gratia, Angliæ, Scociæ,
Franciæ, et Hib'niæ Rex, Fidei Defensor, &c. omnibus
ad quos presentes Literæ pervenerint, Salutem: Sciatis
quod Nos, pro diversis bonis Causis et Considerationibus Nos ad hoc specialiter moventibus, de Gratia
Nostra speciali, ac ex certa Scientia et mero Motu
Nostris, pardonavimus, remisimus, et relaxavimus, ac,
per Præsentes, pro Nobis, Hæredibus et Successoribus Nostris, pardonamus, remittimus, et relaxamus,
Prædilecto et perquam Fideli Consanguineo et Consiliario Nostro Thomæ Comiti Danby, omnes et omnimodas Proditiones, Crimina Lesæ Majestatis, Misprisiones Proditionum, Insurrectiones, Rebelliones, Felonias, Exactiones, Oppressiones, Verborum Propalationes, Misprisiones, Confederationes, Concelamenta,
Negligentias, Omissiones, Offensas, Crimina, Contemptus, Malefacta, et Transgressiones quæcunque, per
se solum, seu cum aliqua alia Persona, vel aliquibus
aliis Personis, aut per aliquem alium, five aliquos alios,
ex Præcepto, Advisamento, Assensu, Consensu, seu
Procuratione ejusdem Thomæ Comitis Danby, advisat. præcept. attempt. fact. perpetrat. concelat. commissa, five omissa, ante Vicesimum Septimum Diem Februarii jam ult. preterit. licet Premissa, vel eorum
aliqua vel aliquod, tangunt vel tangat Personam
Nostram, vel Negotiationes Nostras publicas qualescunque, nec non Transactiones Nostras cum Forincecis
Legatis ad Nos missis, vel non rite prosequendo Instructiones et Mandata Nostra Legatis Nostris in Partibus
extra Marinis ex Parte Nostra resident. ac etiam omnia et singula Accessar. Præmissorum, et cujuflibet
eorum, licet idem Thomas Comes Danby de Præmissis
vel aliquo Præmissorum indictat. impetit. appellat. recitat. convict. adjudicat. utlegat. condemnat. vel attinct.
existit, vel non existit; ac omnia singula Indictamenta,
Impetitiones, Inquisitiones, Informationes, Exigend.
Judicia, Attinct. Utlagar. Convictiones, Executiones,
Ponas Mortis, Ponas Corporales, Imprisonamenta,
Forisfactur. Punitiones, et omnes alias Ponas et Ponalitat. quascunque, pro eifdem vel eorum aliquo, ac
omnia et omnimodas Sectas, Querelas, Impetitiones, et
Demand. quocunque, quo Nos versus ipsum Thomam
Comitem Danby, Ratione Præmissorum vel eorum alicujus, habuimus, habemus, seu in futurum habere
poterimus, aut Hæredes seu Successores Nostri ullo
Modo habere poterint in futuro, Sectamque Pacis
Nostræ, ac quæ ad Nos, Hæredes et Successores Nostros
versus ipsum Thomam Comitem Danby pertinet seu
pertinere poterit, Ratione seu Occasione Præmissorum,
seu eorum aliquorum vel alicujus; ac firmam Pacem
Nostram ei inde damus et concedimus per Præsentes.
Et ulterius volumus et concedimus, quod hæ Literæ
Nostræ, ac hæc Nostra Pardonatio, Remissio, et Relaxatio, in eisdem content. quoad omnia et singula
superius pardonat. remiss. et relaxat. et bonæ et effectuales in Lege sint et erunt, licet Proditiones, Crimina Lesæ Majestatis, Misprisiones Proditionum, Insurrectiones, Rebelliones, Feloniæ, Exactiones, Oppressiones, Verborum Propalationes, Misprisiones, Confederationes, Concelamenta, Negligentiæ, Omissiones,
Offensæ, Crimina, Contempt. Malefacta, et Transgressiones antedict. minus certe specificat. existunt;
et non obstante Statuto in Parliamento Domini Richardi Secundi nuper Regis Angliæ, Anno Regni sui
Decimo Tertio edit. et provis. et non obstante Statuto
in Parliamento Domini Ed'r'i Tertii nuper Regis Angliæ, Anno Regni sui Decimo Quarto edit. et provis.
aut aliquo alio Statuto, Actu, vel Ordinatione, in contrarium inde edit. et provis. Et ulterius, de uberiori
Gratia Nostra, firmiter præcipimus omnibus et singulis
Judicibus, Justiciariis, Officiariis, et aliis quibuscunque,
quod hæc præsens libera et generalis Pardonatio
Nostra et generalia Verba, Clausulæ, et Sententiæ
supradict. construentur, exponentur, et adjudicentur,
in omnibus Curiis Nostris et alibi, in beneficentissimo,
amplissimo, et benignissimo Sensu, et pro maxima et
firmiori Exoneratione prædict. Thomæ Comitis Danby,
de et a Criminibus et Offensis prædictis, secundum
veram Intentionem Nostram, et in tam beneficiali
Modo et Forma, et ad omnes Intentiones et Proposita,
prout si prædictæ Proditiones, Crimina Lesæ Majestatis, Misprisiones Proditionum, Crimina, Offensæ,
Concelamenta, Negligentiæ, Omissiones, Contemptus,
et Transgressiones prædict. ac cætera Præmissa, per
apta, expressa, et specialia Verba pardonat. remiss.
et relaxat. fuissent; et quod hæ Literæ Patentes, ac
Remissio, Relaxatio, et Pardonatio Nostra in eisdem,
content. in quibuscunque Curiis Nostris, et coram quibuscunque Justiciariis Nostris, placitentur et allocentur, sine aliquo Brevi de Allocatione; aliqua Re,
Causa, vel Materia quacunque, in aliquo non obstante.
In cujus Rei Testimonium, has Literas Nostras fieri
fecimus Patentes.
"Teste Meipso, apud Westm. Primo Die Martii,
"Anno Regni Nostri Tricesimo Primo.
"And the said Earl doth aver, That he the said Thomas
Earl of Danby, in the said Articles named, is the
same Thomas Earl of Danby in the said Letters Patents of Pardon here produced, likewise named; which
Pardon the said Earl doth rely upon, and pleadeth
the same in Bar of the said Impeachment, and in Discharge of all the Treasons, Crimes, Misdemeanours,
and Offences, contained or mentioned in the said Articles of Impeachment and every of them. And this
he the said Earl is ready to aver.
"Whereupon he humbly prays the Judgement
of your Lordships; and that His Majesty's most
Gracious Pardon aforesaid may be allowed;
and that he the said Earl, by virtue thereof,
may be, from all the said Articles of Impeachment, and all and every the Treasons and
Crimes therein alledged against him, acquitted
and discharged.
"Danby."
L. Belasyse brought to the Bar.
The Lord Bellasyse being brought to the Bar, and
kneeling, he was bid to stand up: Was told, "That
whereas he hath put in a Plea and Answer to the Impeachment of the House of Commons against him;
the House of Commons have taken Exceptions to his
Plea and Answer, as argumentative and evasive, and
to which the Commons cannot reply. The Lords do
not give any Opinion one Way or other in the Case:
But, if he think fit to mend his Plea, he may; if he
insist on it, he may. But the House expects such an
Answer as he will abide by, and stand to."
After this, he withdrew.
And being called in again, he was told, "He could
have but One Plea depending in Court: And if he
will stand by the Plea he hath put in, he may;
otherwise he may put in a new Plea, and withdraw the
former."
Upon this, John Lord Belasyse put in another Answer;
and his former Answer was re-delivered him.
Holt assigned One of his Counsel.
Whereas John Lord Belasyse, Prisoner in The Tower,
for Treason, and other high Crimes, Misdemeanours
and Offences, of which he stands impeached by the
House of Commons, was this Day brought to the Bar,
to put in his Answer to the said Impeachment; and there
desired that Mr. Holt, Counsellor at Law, may be added
to the Counsel formerly assigned to him.
It is thereupon ORDERED, by the Lords Spiritual
and Temporal in Parliament assembled, That Mr. Holt
be, and is hereby, assigned to be of Counsel for the said
Lord Belasyse, in like Manner, and for the like Purposes, as the other Counsel formerly desired on his
Lordship's Behalf were assigned.
The said Answer was read, as follows:
"The humble Answer of John Lord Bellasis, now
Prisoner in The Tower of London, to the Articles
of Impeachment of High Treason, and other
high Crimes and Offences, exhibited against him
the said Lord Bellasis and others, to the Lords
Spiritual and Temporal in Parliament, by the
Knights, Citizens, and Burgesses in Parliament
assembled, in the Name of themselves and of all
the Commons of England.
"This Defendant saving and reserving to himself all
Advantages and Benefit of Exception to the Generality,
Uncertainty and other Insufficiencies of the said Articles; of which he humbly prays that Notice may be
taken, and a just Regard may be had by your Lordships:
"He saith, That he is not guilty of all or any of
the Matters by the said Articles of Impeachment
charged against him, in Manner and Form as they
are charged against him; and for his Trial, he humbly
putteth himself upon his Peers.
"Belasyse."
Message to H. C. with it. and the E. of Danby's Answer.
A Message was sent to the House of Commons, by Sir
Tymothy Baldwin and Sir John Hoskyns:
To communicate to them the Plea and Answer of
Thomas Earl of Danby, and the Answer of John Lord
Belasyse, delivered in this Day at the Bar in Person; with
this Desire, "That these original Answers may be returned with convenient Speed."
E. Powis, L. Stafford, and L. Arundell of Ward: to be brought to the Bar Tomorrow.
It is ORDERED, That the Lieutenant of The Tower
of London be, and is hereby, required to bring William
Earl of Powis, William Viscount Stafford, and Henry
Lord Arundell of Wardour, now Prisoners there, to the
Bar of this House, To-morrow, at Ten of the Clock in
the Forenoon.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Sabbati, 26um
instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.
Hitherto examined, this 5th of May,
1679, by us,
Anglesey, C. P. S.
J. Bridgewater.
North & Grey.
Vaughan Carbery.