A compendious history of the most remarkable passages of the last fourteen years with an account of the plot, as it was carried on both before and after the fire of London, to this present time.

The Lord Petre's Answer to the Articles of Impeachment.

THE said Lord in the first place, and before all other protesting his Innocency, &c.

The said Lord doth with all humility submit himself, desiring above all things the Tryal 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 Hainous Crimes charged against him by the said Impeachment. This being prayed, as also liber∣ty to Correct, Amend, and Explain any thing in the said Plea contained, which may any ways give this Honourable House any occasion of Of∣fence, which he hopes will be granted.

The said Lord as to that part of the Impeach∣ment that concerns the matter following: Name∣ly, That for divers years last past, there had been contrived and carryed on by the Papists a most traiterous and execrable Conspiracy and Plot within this Kingdom of England and other places, to alter and subvert the Antient Government and Laws of this Kingdom and Nation, and to suppress the true Religion therein Establisht, and to extirpate and destroy the Professors there∣of; and that the said Plot and Conspiracy was contrived and carryed on in divers places, and by several ways and means, and by a great number

of several Persons of Qualities and Degrees who acted therein, and intended thereby to execute and accomplish their aforesaid wicked and traite∣rous Designs and Purposes.

That the said William Lord Petre, and other Lords therein named, together with several other persons therein likewise named and men∣tioned as false Traitors to his Majesty and King∣dom within the time aforesaid, have traiterously acted and consulted to and for the accomplishing of the said wicked, pernicious and traiterous De∣signs, and to that end did most wickedly and trai∣terously Agree, Consult, Conspire, and Resolve to Imprison, Depose, and Murther His Sacred Majesty, and deprive him of his Royal Estate, Crown and Dignity, and by malitious and advi∣sed Speaking and otherways declaring their said Purposes and Intentions; As also to subject this Kingdom and Nation to the Pope and his Tyran∣nical Government, and to Seize and Share among themselves the Estates and Inheritance of His Majesty's Protestant Subjects, and to Erect and Restore Abbies, Monasteries, and other Con∣vents and Societies, which have been long since by the Laws of this Kingdom supprest for their Su∣perstition 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 Li∣vings, Benefices and Preferments, and by this means to destroy his Majesty's Person, and extir∣pate

the Protestant Religion, overthrow the Rights, Liberties and Propertys of all his Ma∣jesty's good Subjects, subvert the Laws and Go∣vernment of this Kingdom, and subject the same to the Tyranny of the See of Rome; And the said Conspirators, Complices and Confederates traiterously had and held several Meetings, Assem∣blies and Consultations, wherein it was contrived and designed amongst them what ways should be used, and the Persons and Instruments should be imployed to Murther his Majesty, and did then and there resolve to effect it, by Poysoning, Shooting, Stabbing, or by some such like ways and means.

And to that part of the Impeachment named, The better to compass their traiterous Designs, Have Consulted to raise Money, Men, Horses, Arms and Ammunition, &c.

The said Lord, saving to himself (and which he humbly prays may be reserved to him) the li∣berty of answering over, and denying all and singular the said Crimes and Offences charged on him, saith, and humbly offereth to this Honou∣rable House, That the Charge of those Crimes and Offences so imposed on him by the said Im∣peachment, are so general and incertain, that he cannot possibly Answer thereto, or make any just or lawful Defence upon his Tryal: For that the said Charge hath no manner of certainty, in point of time, it being laid only for many years last past, which may be for 5, 10, 20, 30, or more years, whereby, tho' the said Lord know∣eth himself to be altogether innocent of any such horrid or detestable Crimes, as by the said Im∣peachment

are objected against him. Yet 'tis impossible for him upon any Tryal thereof to be prepared with his just and lawful Defence by Witness, to prove himself absent or in any other place at the same time of such Meetings or Con∣sultations, to or for any of the wicked Designs and Purposes in the said Impeachment mention'd, as on his Tryal may be suddenly objected against him, when he cannot by any care or foresight whatever, have such Witness ready as would disprove them if they were certainly charged for any traiterous Design, Act, or Crime, at any time certainly alledged by the said Impeachment. Nor is the said Charge in the said Impeachment more certain, as to the place of any such Meet∣ing or Consultation laid down in the said Im∣peachment, being only alledged, to be in divers places within this Realm of England, and else∣where: Which, for the Cause aforesaid, is so utterly incertain, that it deprives the said Lord of his Defence upon his Tryal. The incertain∣ties likewise of the number of Meetings and Con∣sultations to the wicked Purposes in the Impeach∣ment mentioned, and the not shewing how many times the Lords met and consulted, and with whom in particular, doth likewise deprive him of all possibility of making his Defence in producing Witnesses. For the said Lord being wholly inno∣cent cannot suppose or imagin what Meetings or Consultations, either to raise Money or Men for carrying on a Traiterous Design, or to any other wicked Intent or Purpose in the said Im∣peachment mentioned, shall or may be objected against him upon the Tryal. And 'tis as impos∣sible

for him to bring Witnesses to prove all the Meetings and Consultations may upon his Tryal 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 ut∣tered Treason by malitious and advised Speaking, and other ways declaring the same. The said Lord saith, That never any traiterous thought entred into his heart, and therefore he cannot know any Words or Writing he ever spoke or declared, which are now charged upon him as Treason, there being no Word or Writing at all specified in the Impeachment, whereby the Lord may know how to prepare his Defence against them, or this most Honourable Court may judge whether the said Words or Writing are in truth Treasonable, or not?

All which Incertainties, eminent and apparent Dangers of the said Lord being thereupon sur∣prized in a Cause of this Consequence, 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 weigh∣ed and considered by your Lordships, He humbly prayeth, (as by his Counsel he is advised) That your Lordships would not put him to Answer the said Impeachment herein above recited, till the same be reduc'd to such a compleat certainty, that the said Lord may know how to Answer unto, and thereby be enabled to make his just Defence accordingly.

All which, notwithstanding he humbly submit∣teth to whatsoever your Lordships in Justice shall

order and think fit; And to all other Treasons, Crimes and Offences contained, mentioned or specified in the said Impeachment, the said Lord protesting his Innocency in the great Wisdom and Sentence of this Honourable Court shall al∣ways acquiesce.

Soon after the Lords desir'd to know of the Com∣mons, Whether they were ready to joyn Issue? who return'd in a short time for answer, That they were ready to make good their Charge against the five Lords.

Thereupon a Message was sent from the Lords to acquaint the Commons, That they had made an Order, That the five Lords in the Tower should be brought to their Tryals upon the Impeach∣ments against them by that day seven night, the Message being deliver'd on the sixth of May: and that they had also appointed an Address to be presented to his Majesty, for the naming a Lord High Steward, as well in the Case of the Earl of Danby, as of the other five Lords, and that the same should be in Westminster-Hall.

Upon this, the Commons appointed a Committee to search Precedents relating to the Message sent them from the Lords; upon whose Report it was found, That on the like occasion, the Com∣mons had appointed a select Committee to joyn with a Committee of the Lords, to consider of the Methods and Circumstances to be observ'd in the Tryal. This occasion'd a Message to the Lords, to desire a Conference upon the Subject Matter of the last Message relating to the Tryal of the Lords in the Tower.

There it was urg'd by the Commons, that they suppos'd that their Lordships did intend in all their proceedings upon Impeachments depending at that time before their Lordships, to follow the usual course and methods of Parliament; and therefore the Commons could not apprehend what should induce their Lordships to address to his Majesty for a Lord High Steward, in order to the deter∣mining the validity of the Pardon, which had been pleaded by the Earl of Danby to the Impeachment of the Commons; as also for the Tryal of the other five Lords; for that they conceiv'd the Constituting of a High Steward was not necessary; in regard that judgment might be given in Parlia∣ment without a High Steward. For which rea∣sons, and for that there were several other mat∣ters contain'd in their Lordships Message, touch∣ing the Tryals of the Lords impeach'd, which if not settled, might occasion several Interruptions and Delays in the Proceedings.

Therefore the House of Commons did propose to their Lordships, that a Committee of both Houses might be appointed to consider of the most pro∣per ways and methods of proceedings upon Im∣peachments by the House of Commons, according to the usage of Parliament, that those Inconveni∣ences might be avoided.

The Reasons of the Commons being thus de∣liver'd, the Lords desir'd another upon the Con∣ference before going, wherein they declar'd, that they could not agree to a Committee of both Houses, because they did not think it conforma∣ble to the Rules and Orders of Proceedings of that Court, which always was, ever ought to

be tender in matters relating to their Judica∣ture.

Upon the report of this Answer, the Commons voted, that it tended to the Interruption of the good Correspondency between the two Houses, and therefore desir'd another Conference with the Lords.

There the Commons declar'd their care to pre∣vent all interruptions of a good Correspondence between the two Houses; which as they were desirous at all times to preserve, so was it more especially necessary at such a conjuncture, when the most heinous Delinquents were to be brought to Justice, that the Enemies of the King and Kingdom might have no hopes left them, to see it obstructed by any difficulties arising in the way of proceeding. And therefore in Answer to the last Conference it was urg'd, That their Lord∣ships did not offer any Answer or satisfaction to the Commons in their necessary Proposals amica∣bly propounded by way of supposition, that they might have been confirm'd therein by their Lord∣ships. That their Lordships did intend in all their Proceedings upon the Impeachments now depending before their Lordships to follow the usual course and methods of Parliament.

And further, their Lordships had not given the least Answer or satisfaction to the Commons con∣cerning their Lordships addressing to the King for a Lord High Steward, though the Commons propos'd their design of satisfaction, in as cauti∣ous terms as could be, on purpose to avoid all disputes about Judicature.

Thereupon the sence of the Commons was thus summ'd up, that They, to avoid all Interruptions and Delays in the proceedings against the Lords impeach'd, and the inconveniencies that should arise thereby, having propos'd to their Lordships, that a Committee of both Houses might be nomi∣nated, to consider of the most proper means and methods of proceedings upon Impeachments, and receiving no other Answer from the Lords, save onely That they did not think it conformable to the Rules and Orders of the Proceeding of their Court, without any Reason assign'd, judg'd the said Answer to be a refusal of them to agree with the Commons in appointing such a Committee, though heretofore not deny'd when ask'd upon the like occasion; and at that time desir'd pur∣posly to avoid disputes and delays.

So that in fine the sence of the House being thus deliver'd by Mr. Hambden, at length he told the Lords that he had commands to acquaint them that things standing so upon their Answer, the Commons could not proceed in the Tryal of the Lords before the Method of proceedings were ad∣justed between the two Houses.

However this difference was soon passed over had not a large debate interven'd. For soon af∣ter the Lords sent down a Message to acquaint the Commons, That they had appointed a Com∣mittee of twelve Lords to meet a Committee of the House of Commons in the inner Court of Wards to consider of propositions and circum∣stances relating to the Tryal of the Lords in the Tower.

In the midd'st of these Debates his Majesty was pleas'd to send a Message to the House by Mr. Powle, to the following purport. That His Ma∣jesty had already at the first meeting of Parliament, and since, by a word or two, mention'd the Neces∣sity of having a Fleet out at Sea that Summer, yet the season for preparing being advanc'd, and our neighbors before us in preparation, He could not hold himself discharg'd towards His people, if He did not then with more earnestness, Commend the same to their present Care and Consideration, and the rather from the dayly expectation of the return of the Fleet from the Streights, to which a great Arrear was due, and did hereby acquit Himself of all the evil Conse∣quences which the want of a Fleet in such a juncture might produce. Neither had He done this without considering that their Entring upon the work present∣ly could be no hindrance to the great Affairs upon the House, but rather a security in the dispatch there∣of.

However it were, the Consideration of this Message was Adjourned for a Week, and their former Debates resum'd, if they were at all in∣terrupted.

For now the Committees of Lords and Com∣mons having met, two Propositions were made by the Commoners; to see the Commission of Lord High Steward, and other Commissions.

In the second place, they desired to know what Resolutions had been taken touching the Lords Spiritual, whither they should be absent or pre∣sent.

As to the first, the Lords acquainted them with an Order which they had made, that the Office

of a High Chamberlain upon the Tryal of Peers upon Impeachment, was not necessary to the House of Peers, but that the Lords might proceed upon such Tryals, though a High Steward were not appointed.

The Lords also farther declar'd that a Lord High Steward was made hac vice onely, that not∣withstanding the making of a Lord High Steward, the Court remain'd the same, and was not there∣by alter'd, but still remain'd the Court of Peers in Parliament.

As to the second Proposition, the Lords com∣municated the Resolution of the Peers, which was this, that the Lords Spiritual had a right to stay in Court in Capital Causes, till such time as judgment of Death comes to be pronounced; or rather, as by a farther explanation of the said Resolution the Lords made it out, till the Court proceeded to the Vote of Guilty or not Guil∣ty

In the first place, the Commons took excepti∣on at the words in the Commission of the Lord High Steward for Tryal of the Earl of Danby, which were these, Ac pro eo quod Officium Senes∣challi Angliae, (cujus praesentia in hac parte requi∣ritur) ut acceptimus jam vacat. These the Com∣mons desir'd might be left out, as implying that the continuing a Lord High Steward was neces∣sary; and thereupon propos'd these words to be inserted,

Ac pro eo quod Proceres & Magnates in Parlia∣mento Nostro Assemblato nobis humiliter supplicave∣runt, ut Seneschallum Angliae hac vice constituere dig∣naremur. These Amendments were soon consented

to by the Lords, and it was farther agreed that the Commission under Seal for Constituting a Lord High Steward for the Tryal of the Earl of Danby should be recall'd, and another new Com∣mission according to the Amendments issu'd forth, bearing date after the said Resolve; and that the like Commission should be issu'd forth for Tryal of the other Lords.

As to the Lords Answer to the second Proposi∣tion, the Commons gave their Committee order to insist, That the Lords Spiritual ought not to have any Vote in any proceedings against the Lords in the Tower; and that when that matter should be settled, and the methods of Proceedings ad∣justed, that then the House would be ready to pro∣ceed upon the Tryal of the Earl of Danby, against whom the House had already demanded Judg∣ment, and afterwards to the Tryal of the other five Lords.

Upon the 16th of May, after several Debates and Reports of both Committees, the Lords came to this Resolution, that the Thursday following should be appointed to begin the Tryal of the five Lords.

Upon which the Lords Spiritual desired leave of the House, that they might withdraw them∣selves from the Tryal of the said Lords, with Liberty of Entring their usual protestations. This Resolution and the desire of the Bishops being com∣municated to the Commons. It was by them resol∣v'd, That the Vote of their House extended aswell to the Earl of Danby, as the rest, and that if the Bishops might have leave to withdraw, it im∣ply'd a right, which if they had, it was a new

Court; a thing the Commons could not admit of. The Lords made Answer that there was no day ap∣pointed for the Tryal of the Earl of Danby, and that the Lords Spiritual would be absent at all the parts of the Tryals of the five Lords; and that the Protestation they desired to enter would be the same as in the Earl of Stafford's case.

To which the Commons reply'd that they could not proceed to treat of any other proposal till such time as the business about the Court should be settl'd.

But the Lords insisting still upon their first Reso∣lutions, the Commons thought fit to draw up their Reasons in writing, which they did, and deliver'd them to the Committee of Lords upon the 26th of May. Which was the day before their Prorogation. Which because they are matter of History as well as debate, may not be unfitly in∣serted.

They alleadged that the Commons had always desir'd, that a good Correspondence might be pre∣serv'd between the two Houses.

That there was then depending between their Lordships and the Commons a matter of the greatest weight; In the transactions of which their Lordships did seem to apprehend some difficulty in the Matters propos'd by the Commons. To clear the same the Commons had desir'd that Confer∣ence; by which, they hop'd to manifest to their Lordships that the Propositions of the House of Commons, made by their Committe, in relation to the Tryal of the Lords in the Tower, were on∣ly such as were well warranted by the Laws of the Parliament, and Constitution of Government,

and in no sort intrenched upon the Judicature of the Peers, but were most necessary to be insisted upon, that the Ancient Rights of Judicature in Parliament might be maintain'd.

The Commons readily acknowledg'd that the Crimes charged upon the Earl of Powis, Vis∣count Stafford, Lord Arundel of Wardour, and Lord Bellasis were of deep Guilt, and call'd for speedy Justice: But withal, they held, that any change in Judicature in Parliament, made without consent in full Parliament, was of pernicious Con∣sequence both to his Majesty and his Subjects; and conceived themselves obliged to transmit to their Posterity all the Rights which of that kind they had receiv'd from their Ancestors, by put∣ting their Lordships in mind of the progress that had already been between the two Houses in re∣lation to the Propositions made by the Commons, and the reasonableness of the Propositions them∣selves. So that they doubted not but to make it appear, that their Aimes had been no other, then to avoid such Consequences, and to preserve that Right; and that there was no delay of Justice on their part. And to that purpose they offer'd to their Lordships the ensuing Reasons and Nar∣rative. That the Commons in bringing the Earl of Danby to Justice, and in discovery of that exe∣crable and traiterous Conspiracy, (of which the five Popish Lords stood impeached, and for which some of their wicked Accomplices had already undergone the sentence of the Law, as Traytors and Murtherers) had labour'd under many great difficulties was not unknown to their Lordships.

Nor was it less known to their Lordships, That upon the Impeachment of the House of Com∣mons against the Earl of Danby for High Trea∣son, and other high Crimes, Misdemeanors and Offences, even the common Justice of sequestring him from Parliament, and forthwith committing him to safe Custody was then requir'd by the Commons, and deny'd by the Peers, though he then sate in their House. Of which their Lord∣ships had been so sensible, that at a free Con∣ference, the 10th of April last, their Lordships declar'd, That it was the Right of the Commons, and well warranted in former Ages, That upon an Im∣peachment of the Commons, a Peer so impeach'd, ought of right to be order'd to withdraw, and then to be Committed. And had not that Justice been deny'd to the Commons, a great part of the Sessi∣ons of Parliament, which had been spent in fra∣ming and adjusting a Bill, for causing the Earl of Danby to appear and answer that Justice, from which he was fled, had been sav'd, and employ'd for the preservation of his Majesties Person, the security of the Nation, and in prosecution of the other five Lords, Neither had he had the Op∣portunity for procuring for himself that illegal Pardon, which bore date the first of March, and which he pleaded in Bar of his Impeachment; nor of wasting so great a proportion of the Trea∣sure of the Kingdom, as he had done, after the Commons had exhibited their Articles of Im∣peachment against him.

After which time so lost, by reason of the de∣nyal of that Justice which of right belonged to the Commons upon their Impeachment, the said

Bill being ready for the Royal Assent, the said Earl then rendred himself, and by their Lordships Order of the 16th of April last, was committed to the Tower. After which he pleaded the said Par∣don, and being prest, did at length declare, that he would rely upon and abide by that Plea. Which Pardon so Pleaded, being illegal and void ought not to Barr or preclude the Commons from having Justice upon the Impeachment. They did there∣upon with their Speaker, on the Fifth of May, in the name of themselves and all the Commons of England demand Judgment against the said Earl upon their Impeachment; not doubting but that their Lordships did intend in all their proceedings upon the Impeachment, to have follow'd the usual Course and Method of Parliament.

But the Commons were not a little surpriz'd by the Message sent from their Lordships, deliver'd them on the seventh of May, thereby acquainting them, that as well the Lords Spiritual as Tempe∣ral had order'd that the 10th of May, should be the day for hearing the Earl of Danby, to make good his plea of Pardon. And that on the thir∣teenth of May, the other Five Lords should be brought to their Trial; and that their Lordships had addressed to His Majesty for naming of a Lord High Steward, as well in the Case of the Earl of Danby, as of the other Five Lords.

Upon Consideration of this Message, the Com∣mons found, that the admitting of the Lords Spiri∣tual to exercise Jurisdiction in these Cases, was an alteration of the Judicature in Parliament, and which extended as well to the proceeding against the Five Lords, as the Earl of Danby. And that

if a Lord High Steward should be necessary upon Trial on Impeachments of the Commons, the power of Judicature in Parliament, upon Impeach∣ments might be defeated by suspending or denying a Commission to Constitute a Lord High Steward. And that the said days of Trial appointed by their Lordships were so near to the time of their said Message, that those Matters, and the Method of Proceeding upon the Trial could not be adjusted by conference between the two Houses, before the day so nominated. And consequently the Commons could not then proceed to Trial, unless the zeal which they had for speedy Judgment against the Earl of Danby, (that so they might proceed to Trial of the other Five Lords) should induce them at that juncture, both admit the En∣largment of their Lordships Jurisdiction, and to sit down under those or any hardships (though with the hazard of all the Commons Power of impeaching for time to come) rather then that the Trial of the said Five Lords should be deferr'd for some short time, while those Matters might be agreed on and Settl'd.

For reconciling differences in these great and weighty Matters, and for saving that time which would necessarily have been spent in Debates and Conferences betwixt the two Houses, and for expediting the Trials, without giving up the power of Impeachments, or rendring them effectual.

The Commons thought fit to propose to their Lordships, that a Committee of both Houses might be appointed for that purpose. At which Committee, when agreed to by their Lordships it was first proposed; That the time of Trial of

the Lords in the Tower should be put off till the other Matters were adjusted; and it was then agreed, That the Proposition as to the time of Trial should be the last thing Considered: The effect of which agreement stands reported in their Lordships Books.

After which, the Commons Communicated to their Lordships, by their Committee, a Vote of theirs, that the Committee of the Commons should insist upon the former Vote of the House, that the Lords Spiritual ought not to have any Vote in any proceeding against the Lords in the Tower and that when that Matter should be settled, and the method of proceedings adjusted, the Commons would then be ready to proceed upon the Trial of the Pardon of the Earl of Danby, against whom they had before demanded Judgment, and afterwards to the Trial of the other Five Lords in the Tower. Which Vote extended as well to the Earl of Danby, as to the other Five Lords. But the Commons had as yet received nothing from their Lordships towards an Answer of that Vote, save that their Lordships had acquainted them, that the Bishops had ask'd leave of the House of Peers, that they might with∣draw themselves from the Trial of the Five Lords, with Libertie of entring their usual Protestati∣ons.

And though the Commons Committee had almost daily declar'd to their Lordships Committee, That that was a necessary point to be settled before the Trial, and offer'd to debate the same, their Committee still answer'd that they had not power from their Lordships, either to confer upon or give any Answer concerning that Matter.

And yet their Lordships, without having given the Commons any Satisfactory Answer to the said Vote, or permitting any Conference or debate thereupon, did on Thursday the second of May, send a Message to the Commons, declaring that the Lords Spiritual as well as Temporal had order'd the 27th of May for the Trial of the Five Lords.

So that the Commons could not but apprehend, that their Lordships had not only departed from what was agreed on, and in effect lay'd aside by that Committee which was constituted for pre∣serving a good understanding betwixt the two Houses, and better dispatch of the weighty affairs depending in Parliament, but also must needs con∣clude from the Message and Votes of their Lord∣ships of the 7th of May, That the Lords Spiritual had a right to stay and sit in Court, till the Court proceeded to the Vote of Guilty or not Guilty. And from the Bishops asking leave that they might with∣draw themselves from the Trial of the said Lords, with Libertie of entring their usual Protestations, and by their persisting to go on, and giving their Votes in proceedings upon Impeachments, that their desire of leave to withdraw at the Trials was only an evasive answer to the before mentioned Vote of the Commons, and chiefly intended as an argu∣ment for a right of Judicature in Proceedings upon Impeachment, and as a reserve to judge upon the Earl of Danby's plea of Pardon: and upon those and other like Impeachments, though no such power was ever claim'd by their Predecessors, and was utterly deny'd by the Commons. And the Com∣mons were the rather induc'd to beleive it so intended, because the very asking leave to with∣draw,

seem'd to imply a right to be there, and that they could not absent without it.

The Commons therefore did not think them∣selves oblig'd to proceed to the Tryal of the Lords on the seventh of May, but to adhere to their Vote. And for their so doing, besides what had been al∣ready and formerly said to their Lordships they of∣fer'd these Reasons following.