THE Narrative & Reasons Of the Honourable House of COMMONS, Concerning the TRIAL of the LORDS IN THE TOWER. Delivered at a CONFERENCE WITH The LORDS, May, 26th. 1679.  
London, Printed in the Year, 1679.   

THE Narrative & Reasons Of the Honourable HOUSE of COMMONS, Concerning the Trial of the LORDS in the Tower, etc.  
THE Commons have always desired, that a good Correspondence may be preserved between Both Houses. There is now depending between Your Lordships, and the Commons, a Matter of the greatest Weight; In the Transaction of which, Your Lordships seem to apprehend some Difficulty in the Matter proposed by the Commons.  
To clear this, the Commons have desired this Conference; and by it, they hope to manifest to You Lordships, that the Propositions of the House of Commons, made by their Committee, in Relation to the Trial of the Lords in the Tower, have been only such as are well warranted by the Laws of Parliament, and Constitution of the Government, and in no sort Entrench upon the Judicature of the Peers: But are most necessary to be insisted upon, that the Ancient Rights of Judicature in Parliament, may be maintained.  
The Commons readily acknowledge, that the Crimes charged upon the Earl of Powis, etc. are of deep Gild, and call for speedy Justice: But withal, they hold any Change in Judicature in Parliament, made without Consent in full Parliament, to be of Pernicious Consequence both to His Majesty, and his Subjects: And conceive themselves obliged to transmit to their Posterity, all the Rights, which of this Kind they have Received from their Ancestors, by putting Your Lordships in mind, of the Progress that hath already been between the Two Houses, in Relation to the Propositions made by the Commons, and the Reasonableness of the Propositions themselves: They doubt not, to make it appear, that their Aim has been no other than to avoid such Consequences, and to preserve that Right; And that there is no Delay of Justice on their Part. And to that end, do offer to Your Lordships the ensuing Reasons and Narrative, that the Commons, in bringing the Earl of Danby to Justice, and in the Discovery of the Execrable and Traitorous Conspiracy, (of which the Five Popish Lords now stand Impeached; and for which, some of their Wicked Accomplices have already undergone the Sentence of the Law, as Traitors and Murderers) have laboured under many great Difficulties, is not unknown to Your Lordships: Nor is it less known to Your Lordships, that upon the Impeachment of the House of Commons against the Earl of Danby for High Treason, and other High Crimes, Misdemeanours, and Offences, even the Common Justice, of Sequestering him from Parliament, and forthwith Committing him to safe Custody, was then Required by the Commons, and Denied by the House of Peers; though he then Sat in Their House: Of which, Your Lordships have been so sensible, that at a Free Conference the Twelfth of April, last, Your Lordships declared, That it was the Right of the Commons, and well warranted by Precedents of former Ages; That upon an Impeachment of the Commons, a Peer so Impeached, ought of Right to be ordered to withdraw, and then to be Committed: And had not that Justice been denied to the Commons, a great Part of this Session of Parliament, which hath been spent in Framing and Adjusting a Bill, for causing the Earl of Danby to Appear, and Answer that Justice from which he was fled, had been saved; and had been employed for the Preservation of His Majesty's Person, and the Security of the Nation, and in Prosecuting the other five Lords. Neither had he had the Opportunity of Procuring for himself, that Illegal Pardon, which bears Date the First of March, last passed; and which he hath now Pleaded in Bar of his Impeachment: Nor of wasting so great a Proportion of the Treasure of the Kingdom, as he hath done since the Commons Exhibited their Articles of Impeachment against him. After which time, thus lost by reason of the Denial 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 rendered himself; and by Your Lordship's Order of the Sixteenth of April, last, was Committed to the Tower: After which, he pleaded the said Pardon; and being pressed, did at length declare, That he would Rely upon, and abide by that Plea. Which Pardon pleaded, being Illegal and Void; and so, ought not to bar or preclude the Commons, from having Justice upon their Impeachment. They did there-upon (with their Speaker, on the Fifth of May, Instant, in the Name of themselves, and of all the Commons of England) demand Judgement against the said Earl, upon their Impeachment; not doubting, but that Your Lordships did intent, in all Your proceed upon the Impeachments, to follow the usual Course and Method of Parliament; but the Commons were not a little Surprised by the Message from your Lordships, delivered them on the seventh of May, thereby Acquainting them, that as well the Lords Spiritual as Temporal, had ordered the tenth of May Instant, should be the day for hearing the Earl of Danby, to make good his Plea of his Pardon; and that on the thirteenth of May, the other five Lords Impeached, should be brought to their Trial; and that your Lordships had Addressed to his Majesty for Naming of a High-Steward, as well in the Case of the Earl of Danby, as the other five Lords; upon Consideration of the said Message, the Commons found that the Admitting the Lords Spiritual to exercise Jurisdiction in these Cases, was an Alteration of the Judicature in Parliament; and which extended as well to the Proceed against the five Lords as the Earl of Danby; and that if a Lord High Steward should be Necessary, upon Trials or Impeachments of the Commons, the power of Judicature in Parliament upon Impeachments, might be Defeated by suspending or denying a Commission to Constitute a Lord High Steward, and that the said days of Trial appointed by your Lordships, were so near to the time of your said Message, that these matters, and the Methods of Proceed upon the Trials, 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 Judgement against the Earl of Danby, that so they might proceed to the Trial of the other five Lords, should Induce them at this Juncture, both to Admit an enlargement of your Lordship's Jurisdisdiction, and sit down under these or any hardships (though with the hazard of all the Commons Power of Impeaching for the time to come) rather than the Trial of the said five Lords should be deferred for some short time, whilst these matters might be agreed and on settled; for Reconciling differences in these great and weighty matters, and for saving that time which would necessarily have been spent in debates, at Conferences between the Two Houses, and for Expediting the Trials, without giving up the Power of Impeachments, or rendering them ineffectual, the Commons thought fit to propose to your Lordships, that a Committee of both Houses might be appointed for this purpose; at which Committee, when agreed to by your Lordships, it was first proposed, that the time of the 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; and the Effect of this agreement, stands reported upon your Lordship's Books; after which, the Commons Communicated to your Lordships by your Committee, a Vote of theirs, viz. That the Committee of Commons, should Insist upon the former Vote of their House, that the Lords Spiritual ought not to have any Vote in any proceed against the Lords in the Tower; and that when that matter should be settled, and the method of proceed 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 Judgement; and afterwards to the Trial of the other five Lords in the Tower: which Vote Extended as well to the Earl of Danby, as the other five Lords: but the Commons have as yet received nothing from your Lordships towards an Answer to that Vote; save that your Lordships have acquainted them, that the Bishops have Asked leave of the House of Peers, that they might withdraw themselves from the Trial of the said five Lords, with Liberty of entering their usual protestation: And though the Commons Committee, have almost daily declared to your Lordship's Committee; that that was a necessary point of Right to be settled, before the Trials; and offered to Debate the same, your Committee always Answered, that they had not any Power from your Lordships, either to Confer upon, or to Give any Answer concerning that Matter.  
And yet Your Lordships, without having given the Commons any satisfactory Answer to the said Vote, or permitting any Conference or Debate there-upon, and contrary to the said Agreement, did on Thursday the Twenty-Fourth of May, send a Message to the Commons, declaring, That the Lords Spiritual, as well as Temporal, had ordered, That the Twentyseventh of this Instant May be appointed for the Trial of the five Lords.  
So that the Commons cannot but apprehend your Lordships have not only departed from what was agreed on, and in Effect laid aside that Committee Constituted for Preserving a good Understanding betwixt the two Houses, and better Dispatch of the weighty Affairs now Depending in Parliament, but must also needs conclude from the said Message, and from the Vote of your Lordships of the 14th. of May, That the Lords Spiritual have a Right to stay and sit in Court till the Court proceeds to Guilty or not Guilty, and from the Bishops ask leave (as appears by the Lords Books) two days after the said Vote that they might withdraw themselves from the Trial of the five Lords, with Liberty of entering their usual Protestations, and from their persisting still to go on & give their Votes in proceeding upon the Impeachments, that their desire of leave to withdraw at the said Trial, is only an evasive Answer to the forementioned Vote of the Commons, and chief intended as an Argument for a right of Judicature upon Proceed upon Impeachments; and as a Reserve to Judge upon the Earl of Danby's Plea of Pardon; and upon these and other like Impeachments; although no such Power was ever Claimed by their Predecessors, but is utterly denied by the Commons.  
And the Commons are the rather Induced to believe it so intended, because the very ask to withdraw, seems to imply aright to be there, and that, they cannot be absent without it; because by this way they would have it in their Power, whether or no for the Future, either in the Earl of Danby's Case or any other, they will ever ask Leave to be Absent, and the Temporal Lords have like Power of Denying Leave, if that shall be Admitted once necessary.  
The Commons are therefore Obliged not to proceed to the Trial of the five Lords the twenty seventh of this instant May, but to adhere to their aforesaid Vote. And for their so doing, besides, what hath been now and formerly by them said to your Lordships, do offer you these Reasons following.   

THE REASONS.  
1. BEcause your Lordships have Received the Earl of Danby's Plea of Pardon, with a very long and unusual Protestation; wherein he hath Aspersed his Majesty with false Suggestion, as if his Majesty had Commanded or Countenanced the Crimes he stands Charged with: And particularly, Suppressing and Discouraging the Discovery of the Plot; and endeavouring to Introduce an Arbitrary and Tyrannical way of Government: which remains as a Scandal upon Record, against his Majesty; tending to render his Person and Government odious to his People. Against which, it ought to be the First and Principal Care of Both Houses, to Vindicate his Majesty, by doing Justice against the said Earl.  
2. The setting up a Pardon to be a Bar of an Impeachment, defeats the whole Use and Effects 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 Government, (and consequently, the Government itself) would be destroyed. And therefore, the Case of the said Earl, which in Consequence concerns all Impeachments whatever, aught to be determined 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 your Lordships, to take Notice (with the same Regard they do) of the Declaration, which that Excellent Prince, King Charles the First, of Blessed Memory, made in this behalf, in his Answer to the Nineteenth Proposition of Both Houses of Parliament: Wherein, stating the several Parts of this Regulated Monarchy, he says, The King, the House of Lords, and the House of Commons, have (each) particular Privileges: And among those which belong to the King, he reckons Power of Pardons. After the Enumerating of which, and other his Prerogatives, 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 his People; The House of Commons (an Excellent Conserver of Liberty) is solely entrusted with the First Propositions, concerning the Leavyes of Moneys, and the Impeaching of those, who for their own Ends, (though Countenanced by any Surreptitiously-gotten Command of the King) have Violated that Law, which he is bound (when he knows it) to Protect: And to the Protection of which, they were bound to advise him; at least not to serve him in the contrary. And the Lords, being trusted with a Judicatory Power, are an excellent Screen and Bank, between the Prince and People, to assist each against any Encroachments of the other; and by just Judgement, to Preserve that Law which ought to be the Rule of every One of the Three, etc. Therefore, the Power legally placed in Both Houses, is more than Sufficient, to prevent and restrain the Power of Tyranny, etc.  
3. Until the Commons of England have right down them against this Plea of Pardon, they may Justly apprehend that the whole Justice of the Kingdom, in the Case of the Lords may be Obstructed, and defeated by pardons of like Nature.  
4. An Impeachment is Virtually the voice of every particular Subject of this Kingdom Crying out against an Oppression, by which every member of that body is equally wounded; and it will prove a matter of ill Consequence, that the Universality of the People should have Occasion Ministered and Continued to them, to be Apprehensive of utmost danger from the Crown, from whence they of right expect protection.  
5. The Commons Exhibited Articles of Impeachments against the said Earl, before any against the five other Lords, and demanded Judgement upon those Articles; whereupon your Lordship's having appointed the Trial of the said Earl, to be before that of the other five Lords; now your Lordship's having since inverted that Order, gives a great Cause of doubt to the House of Commons, and raises a Jealousy in the hearts of all the Commons of England; that if they should proceed to the Trial of the five Lords in the first place, not only Justice will be Obstructed in the Case of those Lords; but that they shall never have right done them in the matter of this Plea of Pardon, which is of so fatal Consequence to the whole Kingdom, and a New devise to frustrate public Justice in Parliament.  
Which Reasons and Matters being duly weighed by your Lordships, the Commons doubt not but your Lordships will receive Satisfaction concerning their propositions and proceed; and will agree, that the Commons ought not, nor can without deserting their Trust, depart from their former Vote, Communicated to your Lordships: That the Lords Spiritual ought not to have any Vote in any proceed against the Lords in the Tower; and when that matter shall be settled, and the Methods of proceed Adjusted, the Commons shall then be Ready to proceed upon the Trial of the Pardon of the Earl of Danby, (against whom they have already demanded Judgement) and afterwards to the Trial of the other Five Lords in the Tower.   

This is a true Copy carefully examined, and published to prevent abuses by false ones.  
FINIS.