Journal of the House of Lords: Volume 13, 1675-1681. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 25 die Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
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.
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.
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.
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.
North & Grey.