THE Commons have always desired that a good Correspondence may be pre­served between the two Houses.

There is now depending between your Lordships and the Commons a mat­ter of the greatest weight, in the transactions of which your Lordships seem to apprehend some difficulty in the matters proposed by the Commons.

To clear this, the Commons have desired this Conference, and by it they hope to manifest to your 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 Constitutions of the Government, and in no sort intrench 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 acknowledg, that the Crimes charged upon the Earl of Powis, Vis­count Stafford, Lord Petre, Lord Arundel of Wardour, and Lord Bellasis, are of deep guilt, and call for speedy Justice; but withal, they hold, that 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 [Page 2]his kind they have rece [...]ed from their Ancestors: and by puting your Lordships in mind of the progress that has 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 hath been no other, than to avoid such consequences, and 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 E. of Danby to Justice, and in discovery of that execrable-and traiterous 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 E. of Danby for High Treason, 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 required by the Commons, and denied by the House of Peers, though he then sate in their House; of which your Lordships have been so sensible, that at a free Conference the 10th of April last, your Lordships declared, that it was the right of the Commons, and well warranted by presidents of former ages; That upon the 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 E. 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 Majesties person, and the security of the Nation, and in prosecuting of 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 past, 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 then rendered himself; and by your Lordships Order of the 16th of April last, was committed to the Tower; after which he pleaded the said pardon, and being pressed, did at length declare he would rely upon, and abide by that plea; which pardon being pleaded, being illegal and void, and so ought not to bar and preclude the Commons from having Justice upon the Im­peachment; they did thereupon with their Speaker on the fifth of May instant, in the name of themselves, and all the Commons of England, demand Judgment against the said Earl upon their Impeachment, not doubting but that your Lordships did intend in all your proceedings upon the Impeachment, to follow the usual course and method of Parliament.

But the Commons were not a little surprized by the Message from your Lordships, delivered them on the 7th of May, thereby acquainting them, That as well the Lords Spiritual as Tempo­ral, had ordered that the 10th of May instant should be the day for hearing the E. of Danby to make good his Plea of Pardon; and that on the 13th 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 Lord High Steward, as well in the Case of the E. of Danby, as the other five Lords.

Upon consideration of this 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 proceeding against the five Lords, as against the E. of Danby; and that if a Lord High Steward should be necessary upon Trial on Impeachment 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 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 Tryal, unless the zeal which they have for speedy Judgment against the Earl of Danby (that so they might proceed to the Tryal of the other five Lords) should induce them at this juncture, both to admit the enlargement of your Lordships Jurisdiction, and to fit down under these or any hardships (though with the hazard of all the Commons power of Impeaching for time to come) rather than the Tryal of the said five Lords should be deferred for some short time, whilest these matters might be agreed on and setled.

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 Tryal, without giving up the Power of Impeachment, or rendring 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 Tryal 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 the Tryal, should be the last thing considered. And the effect of this Agreement stands re­ported upon your Lordships Books.

After which the Commons communicated to your Lordships by your Committee, Vote of theirs, (viz.) that the Committee of the Commons should insist upon their former Vote of their House, 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 setled, and the Method of Proceedings adjusted, the Commons would then be ready to proceed upon the Tryal of the Pardon of the Earl of Danby, against whom they had before demanded Judgment, and afterwards to the Tryal 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 as yet received nothing from your Lordships towards an Answer of 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 Tryal of the said five Lords, with Liberty of entring their usual protestation.

And though the Commons Committee have almost daily declared to your Lordships Com­mittee, that that was a necessary point of Right, to be setled before the Tryal, 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 thereupon, and contrary to the said Agree­ment, did on Thursday the 22d of May send a Message to the Commons, Declaring that the Lords Spiritual as well as Temporal, had ordered that the 27th of this Instant May be appointed for the Tryal of the five Lords.

So that the Commons cannot but apprehend that your Lordships have not only departed from what was agreed on, and in effect laid aside that Committee, which was 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 the Votes of your Lordships on the 14th of May; That the Lords Spiritual have a Right to stay and sit in Court, till the Court proceeds to the Vote of Guilty or not Guily. And from the Bishops asking leave (as appears by your Lordships Books two Days after your said Vote) that they might withdraw themselves from the Tryal of the said Lords, with Liberty of entring their usual Protestation, and by their persisting still to go on and give their Votes in Proceedings upon the Impeachment; That their desire of leave to withdraw at the said Tryal, is only an Evasive Answer to the before-mentioned Vote of the Commons, and chiefly intended as an Ar­gument for a Right of Judicature in Proceedings upon Impeachment, and as a Reserve to Judg 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 asking leave to withdraw, seems to imply a Right to be there, and that they cannot be ab­sent without it.

And 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 a like Power of denying leave, if that should once be admitted ne­cessary.

The Commons therefore are obliged not to proceed to the Tryal of the Lords on 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.