Lunæ, 24 die Martii, 1678.
Prayers.
Camelford Writ.
MR. Harbord, being chosen to serve in this present
Parliament both for the Borough of Thetford in
the County of Norfolke, and for the Borough of Camelford in the County of Cornwall, made his Election to
serve for Thetford.
Ordered, That Mr. Speaker do issue out his Warrant
to the Clerk of the Crown, to make out a new Writ for
the Electing of a Burgess to serve in this present Parliament for the said Borough of Camelford.
Resolution that there is a Popish Plot.
Resolved, Nemine contradicente, That this House doth
declare, That they are fully satisfied, by the Proofs they
have heard, that there now is, and for divers Years last
past hath been, a horrid and treasonable Plot and Conspiracy, contrived and carried on by those of the Popish
Religion, for the Murdering of his Majesty's Sacred Person; and for subverting the Protestant Religion, and the
ancient and well-established Government of this Kingdom.
Ordered, That the Concurrence of the Lords be desired
to this Vote: And that Sir John Guyes do go up to the
Lords, to desire their Concurrence.
Lords' Proceedings on Impeachment.
Sir Henry Capell reports from the Committee appointed
to inspect the Journal of the Lords, and see what Resolutions had been there taken touching Impeachments, That
they had inspected the Lords Journal; and had agreed
upon a Report: Which he read in his Place; and afterwards delivered the same in at the Clerk's Table.
Resolved, &c. That the Reading and Consideration of
the said Report be adjourned, till Thursday next, at
Ten of the Clock.
Pardon of Earl Danby.
Sir Francis Winnington reports from the Committee appointed to inquire into the Manner of suing forth the Pardon for Thomas Earl of Danby, That the Committee had
attended the Lord Chancellor, and made Search in all
Offices concerned in passing the King's Letters Patents;
and had agreed upon a Report: Which he read in his
Place; and afterwards delivered the same in at the Clerk's
Table: Where the same was read; and is as followeth;
"The Committee, in Pursuance of the Order of the
House, went to the several Offices where the King's
Letters Patents always have, and ought to pass."
"First, We went to Mr. Secretary Coventry's Office;
and could find no Entry of any such Pardon there: And
some of the Committee spoke with Mr. Secretary himself; who declared, that he knew nothing of the Passing
the Pardon."
"We likewise went to my Lord Sunderland's Office;
and Mr. Bridgman his Secretary assured us, that there
was no Entry in that Office of any such Pardon: But
the Committee not being satisfied with this, they resolved
to attend my Lord Sunderland himself this Monday
Morning: But my Lord was pleased to send to the
Chairman the last Night, to inform the Committee, That
he knew nothing of the Pardon."
"From thence the Committee went to the Offices of
Signet and Privy Seal; and had an Account there, That
there was no Entry or Memorial of any such Pardon."
"From thence the Committee went to my Lord Privy
Seal: And his Lordship told us, That he never heard
any Word of the Pardon until the Day the King was
pleased to mention it in the House of Lords; and further
said, That if any such Pardon had come to him, he would
have very well considered, before he would have passed
it."
"After this the Committee attended my Lord Chancellor: And he was pleased to acquaint the Committee,
That, as to the Pardon, he neither advised, drew, or
altered One Word of it: And that the Truth of the Fact
was thus: That my Lord Treasurer delivered it to him:
And, being asked by the Committee, Whether the Pardon
extended to Impeachments; his Lordship answered, That
it did; and had these general Words, "of all Treasons
and Crimes whatsoever;" together with the Words
"omnia & omnimoda indictamenta, impetitiones;" and
those other Words, "Licet indictatus vel non indictatus,
impetitus vel non impetitus, &c." And this was to extend
to the Twenty-seventh of February last; and did bear
Date the first of March instant."
"My Lord Chancellor further declared, That my
Lord Treasurer desired to have the Pardon pass with all
the Privacy in the World; and the Reason he gave was,
because he did not intend to make use of it, but stand
upon his Innocency, except false Witnesses should be
produced against him; and then he would make use of it
at the last Extremity."
"After this my Lord Chancellor said, That he writ a
Letter to my Lord Treasurer; wherein he took Notice
to his Lordship, That, in the first Place, the Service of
the King was to be considered; and, if his Lordship would
take his Advice, he thought it was best to let the Pardon
pass in the regular Course, that it might be publickly
known, that so it might answer the End his Lordship
intended; which was, to prevent the Resuming the Impeachment against his Lordship."
"The next Day after this Letter was sent, my Lord
Chancellor declared to the Committee, That he met my
Lord Treasurer at the Committee of foreign Affairs;
where he gave my Lord Treasurer the same Advice as
he gave in the Letter; which was, to dissuade his Lordship: Thereupon my Lord Treasurer said, That he had
acquainted the King with the Contents of his Letter;
and that his Majesty did declare, that he was resolved
to have it done; which was, to pass the Pardon with all
Privacy."
"Suddenly after this, the King commanded the Lord
Chancellor to bring the Seal to Whitehall; which he did
to his own Lodgings; and, being there, he laid it upon
the Table: Thereupon his Majesty commanded the Seal
to be taken out of the Bag; which his Lordship was
obliged to submit to, it not being in his Power to hinder
it: And the King writ his Name upon the Top of the
Parchment; and then directed to have it sealed: Whereupon the Person that usually carried the Purse affixed
the Seal to it."
"My Lord Chancellor was pleased to say, That, at the
very time of affixing the Seal to the Parchment, he did
not look-upon himself to have the Custody of the Seal."
"My Lord Chancellor concluded with This to the
Committee; That he took upon himself to know, that
there was no Memorial in any Office whatsoever of this
Pardon, from the Secretaries Office, until it came to his
Lordship; but that it was a stamped Pardon by Creation."
Justice to be demanded against Earl Danby.
Resolved, Nemine contradicente, That a Message be
sent to the Lords, to demand Justice, in the Name of the
Commons of England, against Thomas Earl of Danby;
and that he may be immediately sequestered from Parliament, and committed to safe Custody.
Address respecting the Pardon.
Resolved, &c. That an humble Address be made to his
Majesty, representing to his Majesty the Irregularity and
Illegality of the Pardon mentioned by his Majesty to be
granted to the Earl of Danby; and the dangerous Consequence of granting Pardons to any Persons that lie
under an Impeachment of the Commons of England.
And it is referred to Sir William Coventry, Sir Fran.
Winington, Sir Thomas Lee, Mr. Vaughan, Sir Tho.
Clerges, Sir Henry Capell, Sir Thomas Meers, Mr.
Garraway, Mr. Thyn, Mr. Sachaverell, Colonel Birch,
Mr. Powle, Mr. Reynell, Serjeant Ellis, Mr. Hamden,
Mr. Harbord, Sir William Poultney, or any Three of
them; to prepare and draw up the same.
Address for Papers respecting the Plot.
Resolved, &c. That an humble Address be made to his
Majesty, by such Members of this House as are of his
Majesty's Privy Council, to desire his Majesty, That all
the Papers and Writings relating to the Discovery of the
Plot, and particularly such Papers and Examinations as
have been taken since the Prorogation of the last Parliament, may be delivered to the Committee of Secrecy
appointed to draw up Articles of Impeachment against
the Lords in the Tower.
Message from Lords concerning Earl Danby.
A Message from the Lords, by Sir Timothy Baldwyn
and Sir John Hoskins:
Mr. Speaker, We are commanded by the Lords to let
the House of Commons know, That the Lords, taking
into Consideration the Message received from the House
of Commons on Saturday, That the Earl of Danby might
be sequestered from Parliament, and put into safe Custody, did this Morning, upon Debate, order, That the
Gentleman Usher of the Black Rod do forthwith take
the said Earl into Custody, and him safely keep, till he
bring him to the Bar of their House To-morrow Morning:
And their Lordships thought fit to acquaint the House of
Commons, That this was done, before they received the
last Message to that Purpose.
Information against Members.
Ordered, That the Matter of the Information against
Mr. Henry Goreing, a Member of this House, be adjourned till Wednesday Morning next, at Ten of the Clock.
Ordered, That the Consideration of the Information
against Sir John Robinson and Mr. Edward Sackvile,
Two of the Members of this House, be adjourned till
To-morrow Morning.
And then the House adjourned till Three of the
Clock in the Afternoon.
Post Meridiem.
THE House being met; and Mr. Speaker having
taken the Chair;
Committees.
Ordered, That all Committees, except the Committee
of Secrecy, and the Committee appointed to draw up
the Address representing to his Majesty the Irregularity
and Illegality of the Pardon lately granted to the Earl of
Danby, and the dangerous Consequence of granting such
Pardons, be adjourned.
And then the House adjourned till To-morrow
Morning, Eight of the Clock.