House of Lords Journal Volume 13: 15 April 1678

DIE Lunæ, 15 die Aprilis.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Chancellor.

King present.

His Majesty, sitting in His Royal Throne, adorned with His Regal Crown and Robes (the Peers being in their Robes, uncovered), gave Command to the Gentleman Usher of the Black Rod to give Notice to the House of Commons, "That they attend His Majesty presently."

Sir R. Sawyer, Speaker of H. C. presented.

Who, being come, presented Sir Robert Sawyer Knight to be their Speaker, in the room of Edward Seymour Esquire, who is disabled by Sickness to discharge any longer the Service of that Place.

After low Obeisance made, Sir Robert Sawyer, in a short Speech, acquainted His Majesty, "That the House of Commons had made Choice of him (though unfit for so great a Charge) to be their Speaker; and presented him to His Majesty for His Royal Approbation. He excused himself, that by reason of his great Infirmities both of Body and Mind, little Experience, and less Conduct, he was not equal for so weighty an Employment, especially at this Time, when no less depends upon the present Councils than the Safety of the Kingdom; and made it his humble Prayer, that His Majesty would please to command the Commons to proceed to a new Election."

The Lord Chief Justice of the Common Pleas, being behind His Majesty in the Place where the Lord Chancellor used to stand upon such Occasions, came down, and upon his Knee received His Majesty's Directions in Answer to Sir Robert Sawyer's Speech; who, returning to his Place, said,

Approved of.

"Sir Robert Sawyer,

"The King hath heard with what great Modesty and Discretion you have represented your own Disabilities, endeavouring to be excused from the Place of Speaker. His Majesty hath commanded me to make this Answer to you: That He will by no Means allow of your Excuse; for His Majesty hath long since taken Notice of your great Learning and Abilities in your Profession, of your sound and steady Principles as to your Religion, of your good Affection to His Service before you were called into it; and He knows that the House of Commons (unto whom He will always give Credit) have been guided in this Choice by their own Observations that you are a Person every Way fitly qualified for it: Therefore His Majesty is well pleased with their Election, and doth admit you to be Speaker."

The Speaker's Petitions.

Then Mr. Speaker rendered His Majesty his most humble Thanks, for the Honour conferred upon him; and gave Him Assurance of his entire Submission to His Majesty's good Pleasure; and made the usual Petitions:

"1. That, for their better Attendance on the important Services of the House, they and their Servants may be free, in their Persons and Estates, from all Arrests and Troubles.

"2. That, in their Debates, Liberty and Freedom of Speech be allowed them; which he doubted not but they shall use with all Loyalty and Sobriety.

"3. That, when Occasion shall require it, His Majesty, upon their humble Suit, will vouchsafe them Access to His Royal Person.

"4. That the Proceedings of the House of Commons may receive a favourable Construction."

The Lord Chief Justice, taking Directions again from His Majesty, spake as followeth:

Chief Justice's Speech.

"Mr. Speaker,

"The King's Majesty hath received great Satisfaction in what you have said, whereby you expressed Resolutions answerable to the good Opinion He hath of you; and He takes it as an Effect of them, that you have now so readily submitted to His Royal Pleasure, in undertaking this weighty and difficult Employment. He doubts not but you will dispose yourself to the Performance of it with all Diligence and Fidelity; and He commands you to lay aside all Diffidence, and consider, that the more dangerous the Times are, the more intent you ought to be upon the Public Affairs; resting assured in this, which is His Opinion, That the Advice and Assistance of Parliament, through the Blessing of Almighty God, is able to restore that Security to the King and Kingdom, which is not to be hoped for by any other earthly Means. And that you may know you shall not want any Encouragement in this Service which His Majesty can give, He hath commanded me to make a present Answer to your Petitions; which being these;

"1. That you may have Freedom for you and your Servants, in your Persons and Estates, from all Arrests and other Disturbances, during your Service:

"2. That you may have Liberty and Freedom of Speech in your Debates:

"3. That you may have Access to His Royal Person:

"4. That the Proceedings may receive a favourable Construction:

"All these your Petitions His Majesty doth most graciously grant unto you, in as large Extent as ever any House of Commons have enjoyed them.

"This is all I have in Command from His Majesty in relation to this Occasion: But His Majesty hath further commanded me, in Reference to both Houses, to let you, my Lords, and you the Knights, Citizens, and Burgesses of the House of Commons, know, That He was in Hopes to have been able to have said that to you at this Time which would have been to all your Satisfactions; but (contrary to His Expectation) He finds that the Dutch Ambassador is not sufficiently empowered to conclude such Treaties as are necessary for comprehending all the Allies: His Majesty, being therefore unwilling you should meet under any Uncertainty, doth rather chuse to adjourn this Parliament some while longer, that He may receive the certain Resolutions of The States, who are the only Parties that do not yet agree to such Conditions as are necessary for the lessening the growing Power of France, and particularly that of prohibiting Trade with that Kingdom.

"I am, therefore, accordingly commanded to acquaint both Houses, That His Majesty will have them to adjourn themselves until Monday the 29th Day of this Instant April."

Then, His Majesty being withdrawn, and the House of Commons departed, the Lords appointed several Days for hearing the Businesses depending to come on after the intended Adjournment; (videlicet,)

Forster & al. versus Armorer & al.

Whereas this House had appointed to hear Counsel, on the Tenth Instant, upon the Petition of John Forster Esquire, Robert Clarke, George Clarke, and others, being an Appeal made from a Decree of the Court of Chancery for the County Palatine of Durham, made on the Behalf of Thomas Armorer, Jane Pringle, and others, concerning some Estates settled by Thomas Carr Esquire, deceased, Lord of the Manor of Cornhill, in the said County Palatine, and other Matters in the said Petition set forth:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Petition, on Thursday the Second Day of May next, at Ten of the Clock in the Forenoon; whereof the Petitioners are to cause timely Notice to be given to the said Thomas Armorer, Jane Pringle, and other Persons concerned, or their Agent in the said Cause.

Att Gen to be heard about Villiers' Claim to the Title of Viscount Purbeck.

Whereas this Day was appointed to hear the King's Attorney General, on His Majesty Behalf, upon the whole Matter of Fact and Law, relating to the Claim made to the Title of Viscount Purbeck:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Attorney General shall be heard, on His Majesty's Behalf, relating to the said Claim, upon the Points aforesaid, on Monday the 29th of this Instant April, at Ten of the Clock in the Forenoon.

Nevile versus Nevile.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Cause which was appointed to be heard on Wednesday next, upon the Petition of Richard Neville Esquire, Plaintiff, against Anne Neville Widow, Defendant, be, and is hereby, put off to Friday the Third Day of May next, at Ten of the Clock in the Forenoon; whereof both the said Parties are hereby required to take Notice, and attend with their Counsel accordingly.

Denyes versus Sir A. Frazier and Denyes.

Whereas, upon hearing Counsel, upon the Petition of Frances Denyes, and the Answer of Sir Alexander Fraizer thereunto, depending in this House, it was, on the Eleventh Instant, ordered to hear Counsel To-morrow, being the 16th Instant, to urge such Precedents of the Court of Chancery as they shall think fit to offer to the Consideration of this House, on the Behalf of the said Sir Alexander Fraizer, pertinent to the present Case:

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, upon the same Point, on Tuesday the 30th Day of this Instant April, at Ten of the Clock in the Forenoon; whereof the Parties concerned are hereby required to take Notice, and attend accordingly.

Neilder versus Kendall.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, on both Parts, on the Merits of the Cause upon the Petition of Henry Neilder, and Johanna his Wife, Plaintiffs, against Thomas Kendall and Mary his Wife, Defendants, on Monday the Sixth Day of May next, at Ten of the Clock in the Forenoon; whereof the said Parties are hereby required to take Notice, and attend accordingly.

Cusack versus L Dungannon.

Whereas this House had appointed to hear Counsel, upon the Petition of John Cusacke Gentleman, depending in this House, against the Lord Viscount Dunganon, of the Kingdom of Ireland, and Nicholas Bolton, on Tuesday the Ninth Day of this Instant April (on which Day the Parliament did not sit):

It is this Day ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel on both Parts, at the Bar, upon the Matters complained of in the said Petition, on Tuesday the Seventh Day of May next, at Ten of the Clock in the Forenoon; whereof the giving such Notice as was appointed to be given by the Order of the Twentieth of March last shall be sufficient for that Purpose.

Darrell versus Whitchcot.

Whereas Friday last was appointed for reading the Replication of Marmaduke Darrell Esquire, to the Answer of Sir Paul Whitchcot Baronet, put in to the Petition of the said Marmaduke Darrell depending against him in this House (on which Day the Parliament did not sit):

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Replication shall be read in this House on Saturday the Fourth Day of May next, at Ten of the Clock in the Forenoon; and that in the mean Time Sir Paul Whitchcot may have a Copy thereof, if he desire it.

Committees to meet.

ORDERED, That Committees may meet this Day and To-morrow.

Sir W. Thorold's Bill.

ORDERED, That the Committee for the Bill concerning Sir Wm. Thorold's Estate do meet; and the Earl Rivers is added to the said Committee.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 29^um diem instantis Aprilis, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us,

J. Bridgewater.
Clarendon.
Essex.
Craven.
Stafford.