House of Lords Journal Volume 14: 9 November 1685

DIE Lunæ, 9 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Grafton introduced.

Henry Duke of Grafton was introduced, in his Robes, between the Duke of Beaufort and the Marquis of Hallifax; the Lord Steward and the Earl Marshal going before, with Garter King at Arms, who carried his Grace's Patent and Writ, and laid them on the Lord Chancellor's Woolsack; which his Lordship delivered to the Clerk of the Parliaments, who brought the same to the Table, and read them.

The Patent bears Date the 11° Septem. 27° Car. 2^di; and the Writ of Summons bears Date 7° Novembris 1° Jacobi Secundi; and after this, he was placed according to his Creation.

King present.

His Majesty, being on His Royal Throne, adorned with His Regal Robes and Crown (the Lords being in their Robes also), commanded the Gentleman Usher to give Notice to the House of Commons, "That they immediately attend His Majesty."

Who being come; His Majesty made the following Speech:

His Speech.

"My Lords and Gentlemen,

"After the Storm that seemed to be coming upon us when we parted last, I am glad to meet you all again in so great Peace and Quietness. GOD ALMIGHTY be praised, by whose Blessing that Rebellion was suppressed. But, when I reflect what an inconsiderable Number of Men began it, and how long they carried it on without any Opposition; I hope every Body will be convinced that the Militia, which hath hitherto been so much depended on, is not sufficient for such Occasions; and that there is nothing but a good Force of well-disciplined Troops, in constant Pay, that can defend us from such as, either at Home or Abroad, are disposed to disturb us. And, in Truth, My Concern for the Peace and Quiet of My Subjects, as well as for the Safety of the Government, made Me think it necessary to increase the Number to the Proportion I have done. This I owed, as well to the Honour as to the Security of the Nation; whose Reputation was so infinitely exposed unto all our Neighbours, by having lain open to this late wretched Attempt, that it is not to be repaired without keeping such a Body of Men on Foot, that none may ever have the Thought again of finding us so miserably unprovided.

"It is for the Support of this great Charge, which is now more than double what it was, that I ask your Assistance, in giving Me a Supply answerable to the Expence it brings along with it: And I cannot doubt but what I have begun, so much for the Honour and Defence of the Government, will be continued by you with all the Chearfulness and Readiness that is requisite for a Work of so great Importance. Let no Man take Exception that there are some Officers in the Army not qualified according to the late Tests for their Employments: The Gentlemen, I must tell you, are most of them well known to Me; and having formerly served with Me in several Occasions, and always approved the Loyalty of their Principles by their Practice, I think them fit now to be employed under Me; and will deal plainly with you, that, after having had the Benefit of their Services in such Time of Need and Danger, I will neither expose them to Disgrace, nor Myself to the Want of them, if there should be another Rebellion to make them necessary to Me. I am afraid some Men may be so wicked to hope and expect that a Difference may happen between you and Me upon this Occasion: But, when you consider what Advantages have arisen to us in a few Months, by the good Understanding we have hitherto had; what wonderful Effects it hath already produced, in the Change of the whole Scene of Affairs Abroad, so much more to the Honour of the Nation, and the Figure it ought to make in the World; and that nothing can hinder a further Progress in the Way to all our Satisfactions, but Fears and Jealousies amongst ourselves; I will not apprehend that such a Misfortune can befall us, as a Division, or but a Coldness between Me and you; nor that any Thing can shake you in your Steadiness and Loyalty to Me, who, by GOD's Blessing, will ever make you all Returns of Kindness and Protection, with a Resolution to venture even My own Life in the Defence of the true Interest of this Kingdom."

This being done, the Commons went to their House.

Lords take the Oaths.

Then these Lords following took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, in Pursuance of the Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House of Parliament:

Jonathan Lord Bishop of Bristoll.

Thomas Lord Bishop of Peterborough.

Charles Earl of Radnor.

Thomas Earl of Aylisbury.

Henry Duke of Grafton.

Lords to attend the King, to know when the House shall wait on Him.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, humbly to desire Him, from this House, "To appoint a Time, when this House may attend His Majesty, with their humble Thanks for His Most Gracious Speech made this Day in this House."

King's Answer.

The Lords with White Staves reported, "That His Majesty hath appointed this Afternoon, at Four of the Clock, in His Presence Chamber at Whitehall, to receive this House."

Thanks to His Majesty for His Speech.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House do attend His Majesty, at Four of the Clock this Afternoon, in the Presence Chamber at Whitehall, to give His Majesty their humble Thanks, for His Most Gracious Speech made this Day in this House.

A Petition of Henry Lord Delamer was read, as follows:

L. Delamer, Prisoner in The Tower, Petition for his Case to be considered.

"To the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Henry Lord Delamer, now a Prisoner in The Tower of London;

"Sheweth,

"That His Majesty, by His Proclamation bearing Date the Nineteenth Day of July last, did require and command your Petitioner to appear before Him in Council within Ten Days, not for any Manner of Treason, but for other less Matters therein contained. Accordingly your Petitioner, within Seven Days, did render himself to my Lord Sund'l'd; and after being brought in before His Majesty, then sitting in Council, your Petitioner was neither confronted by any Person or Persons that accused him, nor otherwise charged with any Manner of Treason; but only asked some Questions relating to Matters of a lesser Nature; with which had your Petitioner been charged, yet, with Submission, he conceives, by Law, he might and ought to have been bailed.

"Yet, may it please your Lordships, my Lord Sunderl'd, by Warrant bearing Date the Six and Twentieth Day of July last, did commit your Petitioner close Prisoner to The Tower of London, for High Treason, in levying War against the King, where he hath remained ever since, under such close Constraint, as of late hath been, and is now, there practised in such Cases; your Petitioner avowing himself to be altogether innocent of any evil Practice or Design against the King or the Government, and in all Things to have behaved himself becoming a good Subject.

"Your Petitioner therefore humbly prays your Lordships, to take his Case into your serious Consideration, and to do therein what in Justice shall seem meet to your Lordships.

"And your Petitioner, as in Duty bound, shall pray, &c.

"Delamer."

After Debate;

This Question was proposed, "Whether the Lords with White Staves shall wait on His Majesty, to know the Reason why the Lord Delamer, a Peer of this House, is absent from his Attendance here?"

Then this previous Question was put, "Whether this Question shall be put?"

It was Resolved in the Affirmative.

Then,

The main Question was put, "Whether the Lords with White Staves shall wait on His Majesty, to know the Reason why the Lord Delamer, a Member of this House, is absent from his Attendance here?"

It was Resolved in the Affirmative.

The King to be attended about it.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend His Majesty, from this House, humbly to desire to know the Reason why the Lord Delamer, a Member of this House, is absent from his Attendance here; and to make Report thereof to this House To-morrow Morning.

Winford versus Atkins.

Upon reading the Petition of Sir Rob't Atkins Knight of the Bath; shewing, "That Sir Edw'd Atkins, One of the Barons of His Majesty's Court of Exchequer, and the Petitioner, as surviving Executors of Thomas Took Esquire, obtained a Decree in the Exchequer against Thomas Winford Esquire; which said Thomas Winford hath brought an Appeal into this House, to which the Petitioner and Sir Edw'd Atkins have answered; and praying, amongst other Things, the Appeal may be dismissed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel at the Bar on both Sides, on Friday next the 13th of November Instant, at Ten of the Clock in the Forenoon; whereof Sir Rob't Atkins is to cause Notice to be given to the said Thomas Winford, to the End he attend with his Counsel accordingly.

Williams versus Reade.

Upon reading the Petition of Walter Williams Esquire; shewing, "That he hath an Appeal depending in this House, whereunto Rich'd Reade, &c. have put in their Answers as Defendants, and praying a short Day may be appointed for hearing his Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar, on Saturday the 14th of November Instant, at Ten of the Clock in the Forenoon; whereof the said Walter Williams is to cause timely Notice to be given to the said Richard Reade, to the End he may attend with his Counsel accordingly.

Williams versus Mellish.

Upon reading the Petition of Elizabeth Williams, Widow; shewing, "That she hath an Appeal depending in this House, to which Edward Mellish hath put in an Answer, and a Day of Hearing appointed, which, by Reason of the Adjournment of the Parliament, was not heard; and praying a short Day may be appointed for hearing the said Cause; and that Nicholas Trevanian, Wm. Delawood, Charles Blackhall, and Stephen Dearecroft, may be summoned to attend as Witnesses at the Hearing of the said Cause:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar of this House, on Monday the 23th of Novemb'r Instant, at Ten of the Clock in the Forenoon: And it is further ORDERED, That the said Nicholas Trevanian, Wm. Delawood, Charles Blackhall, and Stephen Dearecroft be, and are hereby, required to appear at the Bar of this House at the said Hearing; whereof the said Elizabeth Williams is to cause timely Notice to be given to the said Edward Mellish and the others herein named, to the End they may attend accordingly.

Stickland versus Coker.

Upon reading the Petition of John Stickland, Thomas Greene, and Mary Greene; praying a short Day may be appointed, for hearing their Cause depending in this House, to which Rob't Coker is Defendant:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel on both Sides, at the Bar of this House, on Monday the 16th of November Instant, at Ten of the Clock in the Forenoon; whereof the said John Stickland, Thomas Greene, and Mary Greene, are to cause timely Notice to be given to the said Rob't Coker for that Purpose.

Smith & al. versus Coleby.

Upon reading the Petition of Alexand. Smith, Anthony Fothergill, and Thomas Lambert; shewing, "That they have an Appeal depending in this House, from a Decree made in the High Court of Chancery, to which Alexand. Coleby hath put in his Answer; and that the Fourth of July last past was appointed for hearing the said Cause, which, by reason of the Parliament's being adjourned, was not heard; and that, notwithstanding the said Appeal depending here, the said Alexand. Coleby hath taken Possession, and received the Profits of Part of the Premises in Question; and praying to be restored to the Possession thereof:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will, on Tuesday the 17th of November Instant, at Ten of the Clock in the Forenoon, hear the said Alexand. Smith, Anthony Fothergill, and Thomas Lambert, to prove the Breach of Privilege of this House, by their being put out of Possession of Part of the Premises in Question during the depending of their Appeal in this House, and will at the same Time hear the said Cause, upon the said Petition and Answer, by Counsel on both Sides; whereof the said Petitioners are to cause timely Notice to be given to the said Alexand. Coleby, to the End he attend with his Counsel accordingly.

House to be called.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be called on Monday the Sixteenth of November Instant.

Committees to sit.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Committees be continued to sit, as in Course they ought.

Order about examining the Journal.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Order made 23° Maii, 1678, concerning the Lords Committees for examining the Journal Book of this House, be added to the Roll of Standing Orders of this House.

E. of Aylesbury takes his Seat.

This Day Thomas Earl of Aylisbury sat first in Parliament, by virtue of His Majesty's Writ of Summons, dated Septimo Die Novembris, Anno 1° Jacobi IIdi Regis, upon the Death of his Father Rob't Earl of Aylisbury.

E. of Radnor takes his Seat.

This Day Charles Earl of Radnor sat first in Parliament, by virtue of His Majesty's Writ of Summons, dated 7° Die Novembris, Anno 1° Jacobi IIdi Regis, upon the Death of his Grandfather John Earl of Radnor.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, decimum diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.