Apr. 8. 79.
Mr. Powle Reports the Reasons why the Commons disagreed to the Lords Amend∣ments, which are as followeth.
The Addition to the Title doth shew that the Amendments made by your Lordships to the Bill, do wholly alter the Nature of it, and from a Bill of Attainder have converted it into a Bill of Banish∣ment, which the Commons cannot consent to for these Reason,
1. That Banishment is not the Legal Judgment in case of high Treason. And the Earle of Danby be∣ing Impeacht by the Commons of high Treason, and fled from Justice, hath thereby confest the Charge, and therefore ought to have the Judgment of high Treason for his Punishment.
2. That Banishment being not the Punishment the Law inflicts upon those Crimes; The Earle of Dan∣by might make use of this Remission of his Sentence, as an Argument, That either the Commons were distrustful of their Proofs against him, or else that the Crimes are not in themselves of so high a Nature as Treason.
3. That the Example of this would be an Encouragement to all Persons that should be hereafter Im∣peached by the Commons, to withdraw themselves from Justice, which they would alwaies be ready to do if not prevented by a Commitment upon their Impeachment, and thereby hope to obtain a more favourable Sentence in a Legislative way, than your Lordships would be obliged to pass upon them in your judici∣al Capacity.
The Amendments being all in order to those alterations, the Commons do not agree to them for the former Reasons.
A Conferrence desired of the Lords upon the Amendments made by them to the Bill of Attainder of the Earl of Danby.
8. Apr. Post Meridiem,
The Lords desire a Conference concerning matters in the Bill concerning the Earl of Danby, which was agreed to.
Sr. Francis Winnington Reports from the said Conference, that the Lord Huntingdon managed the said Conference which was to the Effect following.
The Lords have desired this Conference with the House of Commons, not so much to argue and dispute as to mitigate and reconcile.
They have already observed that the Debates of this Bill have given too long and too great an obstru∣tion to publick Business, and therefore they desire you to believe that that is the Reason which hath chiefly prevailed with their Lordships, in a matter of this Nature.
And upon this it is, that if a way may be found to satisfie and secure the publique Fears, by doing less then the Bill you have proposed, the Lords do not think it advisable to insist upon the utmost and the most vigorous satisfaction to publique Justice which might be demanded.
To induce you to this Complyance, the Lords do acknowledg that Banishment is so far from being the Legal Judgment in case of high Treason, that it is not the Legal Judgment in any case whatsoever, since it can never be inflicted but by the Legislative Authority.
But they see no reason why the Legislative Authority should always be bound to act to the utmost extent of its Power, for there may be a prudential necessity sometimes of making abatements, and might be of a fatal consequence if it should not be so.
And the Lords to remove all Jealousies of the Presidents of this kind, do declare that nothing which hath been done in the Earl of Danby's case shall ever be drawn into Consequence for the time to come, and will so enter it upon their Journal.
And thereupon their Lordships insist upon their Amendments, so far as to exclude all Attainders, and do promise themselves the Commons will in this Point comply with their Lordships, who do again assure them that their Resolutions are grounded only upon their Tenderness and Consideration of the Pub∣lick.