House of Lords Journal Volume 12: 14 February 1670

Journal of the House of Lords: Volume 12, 1666-1675. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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'House of Lords Journal Volume 12: 14 February 1670', in Journal of the House of Lords: Volume 12, 1666-1675, (London, 1767-1830) pp. 287-289. British History Online https://www.british-history.ac.uk/lords-jrnl/vol12/pp287-289 [accessed 19 March 2024]

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Anno 22 Caroli Secundi.

DIE Lunæ, Decimo Quarto die Februarii, 1669, Anno Regni Serenissimi Domini Nostri Caroli Secundi, Dei Gratiâ, Angliæ, Scociæ, Franciæ, et Hib. Regis, Fidei Defensoris, &c. Vicesimo Secundo, quo die præsens hæc Nona Parliamenti Sessio tenenda est apud Civitatem Westm. ibi tam Spirituales quam Temporales Domini, quorum Nomina subscribuntur, præsentes fuerunt:

REX.

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Gloucester.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Dux Richmond.
Robertus Comes de Lyndsey, Magnus Camerarius Angliæ.
Edwardus Comes de Manchester, Camerarius Hospitii Domini Regis.
Comes Oxon.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Holland.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Chesterfield.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Arlington, One of His Majesty's Principal Secretaries of State.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Berkley de Stratton.
Ds. Delamer.
Ds. Townsend.
Ds. Freschevile.
Ds. Arundell de Trerise.
Ds. Butler.
Ds. Fitzwater.

PRAYERS.

King present.

His Majesty being present this Day, and sitting in His Royal Throne, adorned with His Regal Crown and Robes (the Peers sitting in their Robes uncovered), the Gentleman Usher of the Black Rod was commanded by His Majesty to let the House of Commons know, "That it was His Majesty's Pleasure that they come presently, with their Speaker, to attend His Majesty."

Who being come, His Majesty made this short Speech following:

King's Speech.

"My Lords and Gentlemen,

"I sent forth My Proclamation, that there might be a good Appearance at this Meeting; having most Confidence in full Houses, where the Well-being of the Church, and all other Interests of the Crown and Nation, are best secured. When we met last, I asked you a Supply; and I ask it now again with greater Instance. The Uneasiness and Straightness of My Affairs cannot continue without very ill Effects to the whole Kingdom. Consider this seriously and speedily. It is yours and the Kingdom's Interest, as well as Mine; and the ill Consequence of a Want of an effectual Supply must not lie at My Door: And that no Misapprehensions or Mistakes touching the Expences of the last War may remain with you, I think fit to let you know, that I have fully informed Myself in that Matter; and do affirm to you, that no Part of those Monies that you gave Me for that War have been diverted to other Uses; but, on the contrary, besides all those Supplies, a very great Sum hath been raised out of My standing Revenue and Credit, and a very great Debt contracted; and all for the War.

"One Thing I must earnestly recommend to the Prudence of both Houses: That you will not suffer any Occasion of Difference between yourselves to be revived, since nothing but the Unity of your Minds and Counsels can make this Meeting happy, either to Me or to the Nation.

"I did recommend to you, at our last Meeting, the Union of the Two Kingdoms, and I did the same to My Parliament in Scotland: They have made a great Step towards it, and I do again seriously recommend that Matter to you.

"I have directed My Lord Keeper to speak more at large to you."

Then the Lord Keeper spake as followeth:

Lord Keeper's Speech.

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

"At your last Meeting, His Majesty did acquaint you with the great Occasions He had for a Supply; and that He had forborn to ask it sooner, more in Consideration of giving some Time for the Ease of the People, after the Burden of the War, than that the Condition of His Affairs could so long have wanted it: And His Majesty hath commanded Me now to speak more fully and plainly upon this Subject.

"His Majesty hath not only by His Ministers, but in His own Royal Person, examined the Accompts touching the Expences of the last War; and hath thought Himself concerned to let you know, that all the Supplies which you gave Him for the War have been by him applied to the War, and no Part of them to any other Uses: Nay, so far from it, that if the Preparations towards the War shall be taken to be for the Use of the War, as they must be, a great Part of His own Revenue, to many Hundred Thousands of Pounds, hath been employed also, and swallowed up in the Charges of the War, and what did necessarily relate to it: To which may be added, the great Debts contracted by His Majesty in the War, and the great Charge in the Repairs of the Hulls of His Ships, and putting His Navy into such a Condition as it was before.

"Besides, His Majesty thinks it ought to be considered, that when the Charges of the War were at the highest, the inevitable Effects of it, and those other Calamities which it pleased GOD (at that Time) to bring upon us, did make so great a Diminution in His Revenues, that (besides all other Accidents and Disadvantages) the Loss that He sustained in Three Branches of His Revenues, in His Customs, Excise, and Hearth-money, by reason of the War, the Plague, and the Fire, did amount to little less than Six Hundred Thousand Pounds.

"Thus you see, that though your Supplies have been great, yet the Charges occasioned by the War, and the Calamities which accompanied it, have been greater; and that the Debt which is left upon His Majesty, and which He complains of, hath been contracted by the War, and not by the Diversion of the Monies designed for it.

"His Majesty hath commanded me to say One Thing more to you upon this Subject: That He did not enter into this War upon any private Inclination or Appetite of His own. The First Step He made towards it did arise from your Advice and the Promises of your Assistance; but if the Charges and Accidents of the War have outgone all your Supplies, and left Him under the Burden of this Debt, He thinks that, as well the Justice to your Promise, as the Duty and Loyalty you have always shewed Him, will oblige you to relieve Him from it; and the rather, when you shall seriously consider, how uneasy this Burden must be to Him, and what ill Consequence the Continuance under it must draw upon all His Affairs. In which Particular, you, and every Person you represent in this Nation, will be concerned as well as Himself.

"His Majesty doth therefore command me, in His Name, to desire you once more, and to conjure you, by that constant Duty and Loyalty which you have always expressed to Him, and by all the Concernment you have for the Support of the Honour and Safety of His Government, to provide such a Supply for Him at this Time as may bear Proportion to the pressing Occasions that He hath, and to the State of His Affairs at Home and Abroad; and so speedily and so effectually, as may answer the Ends for which he hath desired it.

"His Majesty hath further commanded me to put you in Mind of what was at your last Meeting proposed to you concerning an Union between the Two Kingdoms; and to let you know, that the Parliament of Scotland hath since declared to His Majesty, that such Commissioners as His Majesty shall name shall be authorized on their Part to treat with Commissioners for this Kingdom upon the Grounds and Conditions of the Union. His Majesty therefore thought fit now again to recommend it to you, to take that Matter effectually into your Consideration."

King to be thanked, for His and the L. Keeper's Speech.

ORDERED, That the humble Thanks of this House be presented to His Majesty, for His Gracious Speech, and that of the Lord Keeper's by His Appointment; and that His Majesty would be pleased to give Order for the Printing and Publishing of them both: And the Lord Chamberlain of His Majesty's Household is appointed to attend His Majesty forthwith for that Purpose.

Bill to prevent Frauds in exporting Wool, &c.

Hodie 1a vice lecta est Billa, "An Act for preventing of Frauds in exporting Wool, Woolfells, Mortlings, Shorlings, Woolflocks, or any Yarn made of Wool, contrary to former Acts made in that Behalf.

House to be called.

ORDERED, That this House shall be called this Day Sevennight, the 21th of this Instant February; and on the same Day the Standing Orders of this House shall be read.

L. Fitzwater's Writ of Summons.

The Lord Keeper signified to the House, "That he had delivered to him a Writ of Summons, dated the 10th of February, Anno 22° Domini Regis Caroli Secundi, for calling Benjamin Mildmay to sit as Lord Fitzwater in Parliament; of which he thought fit to acquaint their Lordships."

The House caused the said Writ to be read, the Tenor whereof followeth:

"Carolus Secundus, Dei Gratiâ, Angl. Scoc. Franc. & Hib. Rex, Fidei Defensor, &c. Prædilecto et Fideli Nostro Benjamino Mildmay, de Fitzwater, Ch'r, Salutem. Cum nuper, de Avisamento & Assensu Consilii Nostri, pro quibusdam arduis & urgentibus Negotiis, Nos, Statum & Defenfionem Regni Nostri Angl. & Ecclesiæ Anglicanæ concernentibus, Parliamentum Nostrum apud Civitatem Nostram Westm. Octavo die Maii, Anno Regni Nostri Tertio Decimo, teneri ordinabamus, & ibidem cum Magnatibus & Proceribus dicti Regni Nostri Colloquium habere & Tractatum; quod quidem Parliamentum tunc & ibidem inceptum fuerat, & ab eodem Octavo die Maii usque Decimum Nonum diem Maii, Anno Regni Nostri Decimo Quarto, continuatum fuerat, & eodem Decimo Nono Die Maii, idem Parliamentum Nostrum usque Decimum Octavum Diem Februarii, Anno Regni Nostri Decimo Quinto, prorogatum fuerat; &postea, per separales alias Prorogationes, Parliamentum prædictum usque Decimum Quartum diem instantis Februarii continuatum fuerat, tunc tenendum & prosequendum: Vobis, sub Fide & Ligeantiâ quibus Nobis tenemini, firmiter injungendo, mandamus, quod, consideratis dictorum Negotiorum Arduitate & Periculis imminentibus, cessante Excusatione quacunque, dicto Decimo Quarto die instantis Februarii, ad Parliamentum Nostrum prædictum personaliter intersitis, Nobiscum, ac cum Prelatis & Magnatibus & Proceribus prædictis, super dictis Negotiis tractaturis, vestrumque Consilium impensuris. Et hoc, sicut Nos & Honorem Nostrum, ac Salvationem & Defensionem Regni & Ecclesiæ prædict. Expeditionemque dictorum Negotiorum diligitis, nullatenus omittatis.

"Teste Meipso, apud Westm. 10° die Februarii,

Anno Regni Nostri Vicesimo Secundo.

"Barker."

L. Fitzwater placed, with a Salvo.

Then there being some Doubt where his due Place was; after some Consideration thereof, the House appointed the Lord Great Chamberlain of England to bring in his Lordship, and shew him the Place of the lowest Baron: And his Lordship sitting there, it was moved on his Behalf, "That his now sitting in this Place might be no Prejudice to his Right and Claim to a higher Place."

And it was desired the House would please to appoint some Way for him to be heard, to make out his Claim and Right to his ancient Place.

Committee for Privileges.

Lords Committees appointed to consider of the Customs and Orders of this House, and Privileges of Parliament, and the Peers of this Kingdom and Lords of Parliament:

His Royal Highness the Duke of Yorke.
Dux Richmond.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Holland.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Chesterfield.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Arch. Yorke.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Gloucester.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
L. Arlington.
L. Awdley.
L. Delawarr.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Paget.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Berkley de Strat.
Ds. Delamer.
Ds. Townsend.
Ds. Freschevile.
Ds. Arundell de Trerise.
Ds. Fitzwater.

Their Lordships, or any Seven of them; to meet on Monday next, at Three of the Clock in the Afternoon, and afterwards every Monday; and have Power to adjourn themselves as they please.

L. Fitzwater to be heard, concerning his Place.

Whereas Benjamin Mildmay Lord Fitzwater, by virtue of His Majesty's Writ of Summons to Parliament, dated the Tenth Day of this Instant February, was this Day admitted into this House, and placed at the lower End of the Barons Bench; and the House being immediately moved, "That the said Lord Fitzwater's sitting where he now doth may be with a Salvo Jure to such Right as his Lordship shall be able to make out to any higher Place in the House of Peers:"

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That it be referred to the Lords Committees appointed to take Consideration of the Customs and Orders of this House, and Privileges of the Parliament, and the Peers of this Kingdom and Lords of Parliament, to hear and consider of what the said Lord Fitzwater, or his Counsel, shall offer concerning his Place in the House of Peers, and make Report thereof unto the House.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders and Customs of this House, and Privileges of the Peers of this Kingdom and Lords of Parliament, and to peruse and perfect the Journal Book:

Comes Dorsett.
Comes Bridgwater.
Comes Denbigh.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Scarsdale.
Comes Craven.
Vicecomes de Stafford.
Vicecomes Hallyfax.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. Lyncolne.
Epus. Chester.
Ds. Sandys.
Ds. Eure.
Ds. Willoughby.
Ds. Pagett.
Ds. North.
Ds. Chandos.
Ds. Tenham.
Ds. Byron.
Ds. Colepeper.
Ds. Lucas.
Ds. Arundell Trerise.

Their Lordships, or any Three of them; to meet on Saturday next, at Three of the Clock in the Afternoon; and afterwards every Saturday, and at such other Times as they shall think fit.

Committee for Petitions.

Lords Committees appointed by this House to receive and consider of Petitions, and afterwards to make Report thereof to the House:

His Royal Highness the Duke of Yorke.
Dux Richmond.
L. Great Chamberlain.
L. Chamberlain.
Comes Oxon.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes Devon.
Comes Denbigh.
Comes Bristoll.
Comes Holland.
Comes Clare.
Comes Bolingbrooke.
Comes Berks.
Comes Rivers.
Comes Dover.
Comes Petriburgh.
Comes Chesterfield.
Comes Norwich.
Comes Scarsdale.
Comes St. Albans.
Comes Sandwich.
Comes Cardigan.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Aylsbury.
Comes Burlington.
Vicecomes de Stafford.
Vicecomes Mordant.
Vicecomes Hallyfax.
Arch. Yorke.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Gloucester.
Epus. Sarum.
Epus. Carlile.
Epus. Rochester.
Epus. Bangor.
Epus. Landaffe.
Epus. Lyncolne.
Epus. Exon.
Epus. Chester.
Ds. Arlington.
Ds. Awdley.
Ds. Delawar.
Ds. Berkley de Berkley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Pagett.
Ds. North.
Ds. Chandos.
Ds. Petre.
Ds. Arundell de Warder.
Ds. Tenham.
Ds. Lovelace.
Ds. Maynard.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Ward.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard de Brandon.
Ds. Berkley de Strat.
Ds. Delamer.
Ds. Townsend.
Ds. Freschevile.
Ds. Arundell de Trerice.
Ds. Fitzwater.

Their Lordships, or any Five of them; to meet on Tuesday next, at Three of the Clock in the Afternoon, in the Painted Chamber; and afterwards every Tuesday; and have Power to adjourn themselves from Time to Time as they think fit.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 17um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.