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The setting up a Pardon to be a Bar against an Impeachment defeats the whole use and effect of Impeachments; and should this point be admitted, or stand doubted, it would totally discourage the exhibiting any for the future. Whereby the chief Institution for the preservation of the Go∣vernment,
and consequently the Government it self would be destroy'd. And therefore the case of the said Earl, which in consequence concerns all Impeachments whatsoever, ought to be deter∣min'd before that of the five Lords, which is but their particular case.
And without resorting to many Authorities of greater Antiquity, The Commons desire your Lord∣ships to take Notice, with the same regard they do, of the Declaration which that Excellent Prince, King Charles the I. of blessed Memory, made in this behalf, in his Answer to the nineteen Pro∣positions of both Houses of Parliament. Where∣in stating the several parts of this Regulated Monarchy, He says, The King, the House of Lords, and the House of Commons have each their particular Priviledges. And among those which belong to the King he reckons Power of pardoning. After the Ennumerating of which, and other his Preaoga∣tives, His said Majesty adds thus; Again that the Prince may not make use of this High and perpetual Power to the hurt of those for whose good he hath it, and make use of the Name of public Necessity, for the Gain of his private Favourites and Followers, to the Detriment of the People, the House of Com∣mons (an excellent preservative of Liberty, &c.) is solely entrusted with the first Propositions concer∣ning the Levying of Mony, and the Impeaching of those, who for their own ends, though countenanc'd by any Surreptitiously gotten Command of the King, have violated the Law, when he knows it, which he is bound to protect, and to the protection of which they are bound to advise him, at least not to serve him to the contrary. And the Lords being entrusted
with a Judiciary power, are an excellent Skreen and Bank between the Prince and People, to assist each against any encroachments of the other, and by just Judgment to preserve the Law, which ought to be the Rule of every one of the three, &c. Therefore the Power plac'd in both Houses is more then sufficient to prevent and restrain the Power of Tyranny, &c.