House of Lords Journal Volume 14: 19 May 1685

Anno Primo Jacobi Secundi.

REX.

DIE Martis, Decimo Nono die Maii, 1685, Anno Regni Serenissimi Domini Nostri Jacobi Secundi, Dei Gratia, Angliæ, Scotiæ, Franciæ, et Hiberniæ Regis, Fidei Defensoris, &c. Primo, in Superiori Parliamenti Domo, apud Westm. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur:

King present.

His Majesty, being arrayed in His Regal Robes and Crown, attended with His Officers of State, ascended His Royal Throne; the Peers being all in their Robes; commanded the Gentleman Usher of the Black Rod to signify to the Commons, "That it is His Majesty's Pleasure, that they attend Him presently."

Who being come, the Lord Keeper, by Direction of His Majesty, made the short Speech following:

Commons directed to chuss a Speaker.

"My Lords; and you the Knights, Citizens, and Burgesses of the House of Commons;

"I have it in Command from His Majesty, to let you know, That He will defer His speaking to you until the Members of both Houses have taken the Oaths appointed at the Beginning of every Parliament, the doing whereof will require some Time. When that is over, His Majesty will come again, and declare His Mind to you concerning the Causes of His calling this Parliament.

"And it being necessary there should be first a Speaker of the House of Commons; it is His Majesty's Pleasure, that the Gentlemen of the House of Commons go apart to the usual Place, and to proceed to the Choice of a fit Person to be their Speaker; His Majesty doth appoint Four of the Clock this Afternoon, to have him presented here for His Royal Approbation."

After this, the Commons being yet present, the Clerk read the Names of the Receivers and Triers of Petitions, in French.

Receivers and Triers of Petions.

Les Receivors des Petic'ons d'Angleterre, d'Escoce, et d'Ireland.

Messier Job Charlton Chivalier, et Justicier.

Messier John Coell Chivalier.

Messier John Eddisbury Doctor au Droit Civill.

Et ceux qui veulent deliver leur Petic'ons eux baillent dedeins Six Jours prochenement ensuent.

Les Receivours de Petic'ons de Gascoigne et des autres Terres et Pais de par le Mer et des Isles.

Messier Thomas Jones Chivalier, Cheife Justic. de Banc Com.

Messier William Mountague Arm. Cheife Baron de le Excheq. de Roy.

Messier William Beversham Chivalier.

Messier James Astrey Chivalier.

Et ceux que veulent deliver leur Petic'ons eux baillent dedeins Six Jours prochinement ensuent.

Touts ceux ensemble, ou Quatre des Seignieurs avantdits, appellants a eux les Serjeants du Roy, quant serra Besoigne; tendront leur Place en le Chambre de Tresorier.

Les Tryours les Petic'ons de Gascoigne, et des autres Terres Pais de per le Mer et des Isles.

Touts ceux ensemble, ou Quatre de Seigniors avantdits, appellants au eux les Serjeants du Roy, quant sere Besoigne; tendront leur Place en Chambre de Chamberlain.

The Commons then went to their House, and His Majesty withdrew; and the Lord Keeper went to his Place.

PRAYERS.

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:

Lords take the Oaths.

The Lord Keeper singly, in the First Place, at the Table.

L. Guildford introduced.

This Day Sir Francis North Knight, Lord Keeper of the Great Seal of England, being created Baron of Guilford, was brought from the lower End of the Parliament House (in his Robes), between the Lord Delawar and the Lord Maynard, to the State; the Lord Great Chamberlain of England and the Earl Marshal going before in their Robes, with Garter King at Arms in his Coat of Arms (bearing his Lordship's Patent and Writ, which he delivered to his Lordship at the Steps before the Throne), and the Gentleman Usher of the Black Rod before him.

His Lordship laid down his Patent and Writ upon the Chair of State, kneeling; and from thence took them and gave them to the Clerk of the Parliaments, who brought them to the Table, and read the Patent; which bears Date the Seven and Twentieth Day of September, in the Thirty-fifth Year of the Reign of our late Sovereign King Charles the Second, of Blessed Memory; and also the Writ of Summons, dated the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, &c. Primo.

Which being done; his Lordship was brought and placed in his Place on the Barons Bench according to his Creation, and afterwards went to the upper End of the Earls Bench, and sat there as Lord Keeper; and then took his Place on the Woolsack, as Speaker of this House.

E. of Rochester introduced.

Laurance Earl of Rochester was introduced, in his Robes, between the Earl of Derby and the Earl of Clarendon; the Lord Great Chamberlain and the Earl Marshal, in their Robes, and the Gentleman Usher of the Black Rod, going before him, with Garter King at Arms, who carried his Lordship's Patent and Writ, laid them upon the Lord Keeper'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 29 Day of November, in the 34 Year of the Reign of King Charles the Second; and the Writ of Summons bears Date the 20th Day of February, in the First Year of King James the Second.

And then he was placed at the lower End of the Earls Bench.

Marq. of Hallifax introduced.

In the like Manner, George Marquis of Hallyfax was introduced, between the Earl of Clarendon Lord Privy Seal and the Earl of Shrewsbury.

The Patent was read, which bears Date the 17th Day of August, in the 34 Year of the Reign of King Charles the Second; and then his Writ was read, dated the 20 Day of February, in the First Year of our Sovereign Lord King James the Second.

And after this, he was placed in his due Place.

D. of Ormond introduced.

In the like Manner, James Duke of Ormond was introducted, between the Duke of Somersett and the Duke of Albemarle.

The Exemplification of his Patent was read, dated the 14th Day of May, in the First Year of His Majesty's Reign that now is; whereby it appeared, that the Original Patent bears Date the Ninth Day of November, in the Thirty and Fourth Year of the Reign of our late Sovereign King Charles the Second; and also the Writ of Summons was read, dated the 15 Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Which being done, his Lordship was brought and placed in his Place according to his Creation.

D. of Beaufort introduced.

In the like Manner, Henry Duke of Beaufort was introducted, between the Duke of Somersett and the Duke of Albemarle.

The Patent was read, dated the Second Day of December, in the 34 Year of the Reign of our late Sovereign King Charles the Second; and also the Writ of Summons was read, bearing Date 14th of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Which being done, his Lordship was brought and placed according to his Creation.

E. of Litchfield introduced.

In the like Manner, Edward Henry Lee Earl of Litchfield was introducted, between the Earl of Aylisbury and the Earl of Sussex.

The Patent was read, dated the Fifth Day of June, in the 26th Year of the Reign of our late Sovereign Lord King Charles the Second; and also the Writ of Summons was read, dated the 14th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Which being done, he was brought and placed in his due Place on the Earls Bench.

E. of Nottingham introduced.

In the like Manner, Danyell Earl of Nottingham was introducted, between the Earl of Manchester and the Earl of Aylisbury: His Father was created Earl of Nottingham in the Interval of the last Parliament and this; so never sat in Parliament upon this Creation.

The Patent was read, which bears Date the 12th Day of May, in the 34th Year of the Reign of our late Sovereign Lord King Charles the Second: Likewise the Writ of Summons was read, which bears Date the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

After this, he was brought and placed on the Earls Bench, in his due Place.

E. of Abingdon introduced.

In the like Manner, James Earl of Abingdon was introducted, between the Earl of Rutland and the Earl of Carnarvon.

The Patent was read, dated the 30th Day of November, in the 34 Year of the Reign of our late Sovereign Lord King Charles the Second; the Writ of Summons was also read, which bears Date the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

And then he was brought and placed on the Earls Bench, in his due Place.

E. of Gainsborough introduced.

In the like Manner, Edward Earl of Gaynesborough was introducted, between the Earl of Dorset and the Earl of Denbigh.

His Patent was read, dated the First Day of December, in 34 Year of the Reign of our late Sovereign Lord King Charles the Second; also his Writ was read, dated the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Then his Lordship was placed on the Earls Bench, in his due Place.

E. of Plymouth introduced.

In the like Manner, Thomas Earl of Plymouth was introducted, between the Earl of Huntingdon and the Earl of Aylisbury.

The Patent was read, dated the Sixth Day of December, in the 34 Year of the Reign of our late Sovereign King Charles the Second; also his Writ of Summons was read, bearing Date the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

After this, his Lordship was brought and placed on the Earls Bench, in his due Place.

Visc. Townshend introduced.

In the same Manner, Horatio Viscount Townsend was introducted, between Viscount Fauconberg and Viscount Newport.

His Patent was read, and dated the Second Day of December, in the 34 Year of the Reign of our late Sovereign King Charles the Second.

Afterwards he was brought and placed on the Earls Bench, in his Place.

Visc. Weymouth introduced.

In the like Manner, Thomas Viscount Weymouth was introducted, between Viscount Fauconberg and Viscount Newport.

His Patent was read, dated the Eleventh Day of December, in the 34 Year of our late Sovereign King Charles the Second; the Writ was also read, and bears Date the 14th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Then his Lordship was brought and placed in his due Place.

Visc. Hatton introduced.

In the like Manner, Christopher Viscount Hatton was introducted, between Viscount Fauconberg and Viscount Newport.

His Patent was read, dated the Seventeenth Day of January, in the 34 Year of the Reign of our late Sovereign King Charles the Second; also the Writ was read, bearing Date the 14th of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Then his Lordship was brought and placed in his due Place.

L. Lumley introduced.

In the like Manner, Richard Baron Lumly was introduced, between the Lord Colepeper and the Lord Butler of Weston.

His Patent was read, bearing Date the 31 Day of May, in the 34th Year of the Reign of our late Sovereign King Charles the Second; then his Writ was read, dated the 14 Day of February, Anno Regni Serenissimi Domini nostri Jacobi 2^di, Primo.

So his Lordship was brought to the Barons Bench, and placed in his due Place.

L. Ossulstone introduced.

In the like Manner, John Lord Osulstone was introducted, between the Lord Paget and the Lord Delawar:

His Patent, being read, bears Date the Fourth Day of November, in the 34th Year of the Reign of our late Sovereign King Charles the Second; also his Writ of Summons was read, and bears Date the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Then his Lordship was placed on the Barons Bench, in his due Place.

L. Dartmouth introduced.

In the like Manner, George Lord Dartmouth was introducted, between the Lord Ferrers and the Lord Berkeley of Stratton.

His Patent was read, and bears Date the Second Day of December, in the 34 Year of the Reign of our late Sovereign King Charles the Second; his Writ also was read, dated the 15th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

After this, his Lordship was placed on the Barons Bench, in his due Place.

L. Stawell introduced.

In the like Manner, Ralph Lord Stawell was introducted, between the Lord Arundell of Trerice and the Lord Butler of Weston.

His Patent was read, bearing Date the 15th Day of January, in the 34 Year of the Reign of our late Sovereign King Charles the Second; his Writ also was read, dated the 14th Day of February, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo.

Then his Lordship was placed on the Barons Bench, in his due Place.

L. Godolphin introduced.

In the like Manner, Sidney Lord Godolphin was introducted, between the Lord Ferrers and the Lord Maynard.

His Patent was read, dated the 8th Day of September, in the 36 Year of the Reign of our late Sovereign King Charles the Second; also his Writ was read, and bears Date the 14th Day of May, Anno Regni Serenissimi Domini nostri Jacobi Secundi Primo.

After this, his Lordship was placed on the Barons Bench, in his due Place.

L. Churchill introduced.

In the like Manner, John Lord Churchill was introducted, between the Lord Maynard and the Lord Butler of Weston.

His Patent was read, dated the 14th Day of May, Anno Regni Serenissimi Domini nostri Jacobi Secundi, Primo; also the Writ of Summons was read, and bears Date with the Patent.

Then his Lordship was brought to the Barons Bench, and placed in his due Place.

L. Jefferies introduced.

In the like Manner, George Lord Jefferies was introducted, between the Lord Maynard and the Lord Colepeper.

The Patent was read, and bears Date the 15 Day of May, in the First Year of the Reign of our Sovereign Lord King James the Second; also the Writ of Summons was read, and bears Date with the Patent.

Then his Lordship was brought and placed on the Barons Bench, in his due Place.

Lords take the Oaths.

Next, those Lords who were introduced this Day took the Oaths, and subscribed the Declaration; (videlicet,)

E. of Danby, and Popish Lords impeached, Appearance:

The House being made acquainted, "That those Lords who were committed by this House to The Tower, upon Impeachments of Treason from the House of Commons, have entered into Recognizances, to appear before this House the First Day of the next Parliament, which is this Day; and that the said Lords are attending accordingly:"

The Earl of Powis, Earl of Danby, the Lord Arundell of Warder, and the Lord Bellasis, were called to the Bar, and made their Personal Appearance; and then were commanded to withdraw.

Which being done, a Petition was presented, from the Earl of Powis, the Lord Arundell, and the Lord Bellasis; and another Petition from the Earl of Danby; which the House received, and commanded to be read, as follow:

Their Petition.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of the Right Honourable William Earl of Powis, Henry Lord Arundell of Warder, and John Lord Bellasis;

"Humbly sheweth,

"That your Petitioners, by several Commitments of High Treason, were sent Prisoners to The Tower of London, in or about the Month of October, in the Year of our LORD 1678, upon the single Testimony of Titus Otes, who, upon several Trials, stands now detected and convicted of Perjury, in those very Matters upon which he most maliciously framed his Accusation against your Petitioners.

"That your Petitioners are and were always innocent of those detestable Treasons laid to their Charges, and of all traiterous Designs and Conspiracies whatsoever.

"That they hope your Lordships are fully satisfied of their Innocence; notwithstanding they continue still under the same Imprisonment, without any Prospect of Enlargement but from your Lordships Justice.

"Wherefore, forasmuch as it lies in the Power of your Lordships to grant them a speedy Enlargement, they humbly pray your Lordships would be pleased to order that your Petitioners may be forthwith discharged, and in such Manner as the Innocency and Honour of your Petitioners may be vindicated to Posterity.

"And they shall ever pray, &c.

"Powis.
Hen. Arundell.
Belasis."

Next, was read the Earl of Danbye's Petition.

E. of Danby's Petition.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition of Thomas Earl of Danby;

"Most humbly sheweth,

"That your Petitioner hath been detained a Prisoner almost Five Years in The Tower of London, videlicet, from the Sixteenth of April, 1679, to the Twelfth of February, 168¾, upon an Impeachment brought against your Petitioner, on bare Suggestions of Crimes, without any Oath or Affidavit whatsoever made against your Petitioner.

"That your Petitioner did often, during that Time, endeavour to have procured Bail, to appear and answer before your Lordships to any Crime which should be objected against him; but could never obtain the same, until the Twelfth of February, 168¼, at which Time he was bailed to appear before your Lordships the First Day of the Sitting of the next Parliament, as may appear by the Recognizance which (as your Petitioner is informed) is now brought up to your Lordships by the Lord Chief Justice of the King's Bench.

"That, in Pursuance of the said Recognizance, your Petitioner doth now present himself before your Lordships;

"Humbly praying, that your Lordships will, be pleased to take into your Considerations the Case of your Petitioner (who has the Honour to be One of the Members of your House), and to grant him a speedy Relief against his long and tedious Imprisonment, either by Trial, or by such other Ways as your Lordships shall judge most convenient; and that in the mean Time your Lordships will be pleased, either to order the Continuation of the said Bail under which your Petitioner now stands, or to direct such other Bail as your Lordships shall think fit.

"And your Petitioner shall pray, &c.

"Danby."

The House hereupon made the ensuing Order:

Their Appearance recorded; and to attend till further Order.

"Upon reading the Petition of William Earl of Powis, Henry Lord Arundell of Warder, and John Lord Belasis; as also the Petition of Thomas Earl of Danby; shewing, that they have been Prisoners several Years, and are now ready to make their Appearance; they were called in, and made their Personal Appearance at the Bar: It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appearance of the said Earl of Powis, Lord Arundell of Warder, Lord Belasis, and Earl of Danby, be, and is hereby, recorded; and that the said Earl of Powis, Lord Arundell, Lord Belasis, and Earl of Danbye, do attend until this House, upon their several Cases, shall take further Order."

E. of Tyrone appeared.

The House being informed, "That the Earl of Tyrone was at the Door, ready to make his Appearance, according to the Condition of a Recognizance taken in the Court of King's Bench, whereby he was bound to appear before the House this Day;" he was called in, and made his Personal Appearance at the Bar.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Appearance of the said Earl of Tyrone be, and is hereby, recorded; and that he the said Earl of Tyrone do attend this House, until the House shall further consider of his Case.

The House was adjourned during Pleasure.

The House was resumed.

King present.

His Majesty, being in His Royal Throne and His Regal Robes, the Peers being in their Robes; the House of Commons came up, and presented Sir John Trevor Knight to be their Speaker.

Sir J. Trevor, Speaker of H. C. presented.

Sir John Trevor acquainted His Majesty, "That the Choice had fallen upon him; and, out of a deep Sense of his own Infirmities, and Disabilities for the Discharge of so important a Service, and of a loyal and dutiful Regard to His Majesty's Interests, he humbly beseeched His Majesty to command the Commons to return and make a fitter Choice."

The Lord Keeper, taking Directions from His Majesty, spake as followeth:

Approved of.

"His Majesty observes your great Modesty in declining this honourable and weighty Employment; but the Arguments you have used to induce Him to excuse you from it have not prevailed. On the contrary, your Behaviour this Day hath recommended you to this Service: You have shewn that Duty and that Experience in the Course of Parliaments, that demonstrate you every Way fit for it; for you have now pursued the ancient and dutiful Method of disabling yourself before His Majesty, with an entire Resignation to His Pleasure.

"His Majesty hath therefore commanded me to declare, That He doth well approve the Choice the Commons have made; and admits you to be their Speaker."

Speaker's Speech.

Then Mr. Speaker returned His Majesty Thanks, for His Gracious Approbation and Acceptance of his Service; and humbly prayed, in the Name of the Commons, "That His Majesty would be graciously pleased to allow and confirm all their ancient Privileges; and particularly that they might have Liberty of free Speech in their Debates; that their Persons, Estates, and Servants, might be free from Arrests and Troubles; that they might have Access to His Royal Person, with their Complaints, humble Petitions, and loyal Addresses, as Occasion should require; that His Majesty would have a gracious Opinion of all their Actions; and concluded, That His Majesty's gracious Allowance of these Petitions would encourage them to proceed chearfully in their Duties; and did not doubt but that from so good and gracious a Prince, and so loyal Subjects, this Session would have a happy Conclusion."

L. Keeper to the Speaker.

The Lord Keeper, taking further Directions from His Majesty, said;

"Mr. Speaker,

"The King takes well your Submission to His Pleasure, and promises to support you in the Service you have undertaken: And for the Petitions you have made on the Behalf of the Commons, His Majesty is pleased to grant them as they are desired."

E. of Manchester takes his Seat.

This Day Charles Earl of Manchester sat first in Parliament, by virtue of His Majesty's Writ of Summons, dated 14 February, A° Primo Jacobi Secundi Regis, upon the Death of his Father Robert Earl of Manchester.

L. Berkeley of Stratton, D (fn. 1)

This Day John Lord Berkeley of Stratton sat first in Parliament, by virtue of His Majesty's Writ of Summons, dated (fn. 1) the 14 of February, A° Primo Jacobi Secundi Regis, upon the Death of Charles Lord Berkeley his Brother.

L. Delamer, D.

This Day Henry Lord Delamer sat first in Parliament, by virtue of His Majesty's Writ of Summons, dated the 14 of February, A° Primo Jacobi Secundi Regis, upon the Death of George Lord Delamer his Father.

and L. Jermyn.

This Day Thomas Lord Jermyn sat first in Parliament, by virtue of His Majesty's Writ of Summons dated, the 14 of February, Anno Primo Jacobi 2^di Regis, upon the Death of his Uncle Henry Lord Jermyn Earl of St. Alban's.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 22^um diem instantis Maii, hora nona Aurora, Dominis sic decernentibus.