Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Lunæ, 6 die Octobris.
Domini tam Spirituales quam Temporales præsentes fuerunt:
L. Stawel takes the oaths.
This Day John Lord Stawell took the Oaths of Obedience, and made and subscribed the Declaration, in Pursuance of the Statutes.
D. of Somerset, Leave to be absent.
ORDERED, That the Duke of Somerset hath Leave to be absent for a few Days.
Lords added to the Committee for drawing the Address to be presented to the King:
Address to the King, thanking Him for going to Ireland.
The Earl of Rochester reported, "That the Committee have prepared a Draught of an Address to be presented to His Majesty; which is offered to the Consideration of the House."
The Address was read, as followeth:
"We, the Lords Spiritual and Temporal assembled in Parliament, being extremely sensible of the great Benefit and Advantage that Your Majesty's late Expedition into Ireland hath procured to all Your Subjects in general, as likewise that the Success of Your Majesty's Arms in that Kingdom is due, next to the Providence, and Blessing of GOD ALMIGHTY, to Your Majesty's Personal Valour and Conduct, do look upon it as our Duty to present our humble and hearty Thanks to Your Majesty, for all those signal Evidences You have given of Your extraordinary Affection for Your People, which hath carried Your Majesty in so many Occasions to venture a Life that is so dear to us, and to despise all Hazards to procure the Settlement of Your Kingdoms, the Peace and Quiet of Your Subjects, and the Establishment of our Religion: And as it is not possible but so much Bravery of Mind, such an undaunted Courage, and a Heart so exalted above any Apprehensions in the Midst of all Dangers, must gain Your Majesty the Admiration and Reverence of all the World, and even of Your Enemies themselves who have felt the Effects of so great Virtues; so we do not doubt but that such extraordinary Qualities must unite the Hearts of all Your People, in such a Tenderness, as well as Duty, for Your Royal Person, as is necessary for the finishing what Your Majesty hath so gloriously begun: And we shall continue our earnest Prayers to GOD, that He may ever protect and preserve Your Sacred Person, giving You a long and happy Reign over us, towards which we shall be ready to contribute all the Support that is in our Power, or that can be expected from the most dutiful, faithful, and obedient Subjects."
The Question was put, "Whether the Concurrence of the House of Commons shall be desired to this Address?"
It was Resolved in the Negative.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the whole House shall attend His Majesty, with the Address; and that the Lord Great Chamberlain and Lord Viscount Newport do attend His Majesty, to know what Time He will be pleased to appoint for this House to attend Him with the Address.
Judges Opinions concerning E. of Salisbury and E. of Peterborough.
Then the Judges, as by Order of the Second of October were appointed, did deliver their Opinions, Whether the Crimes of the Earl of Peterborough and the Earl of Salisbury be pardoned by the Act of the King and Queen's most Gracious, General and Free Pardon." And they were of Opinion, "That if their Crimes and Offences were committed before the Thirteenth Day of February, One Thousand Six Hundred Eighty-eight, and not in Ireland, nor beyond the Seas, they are pardoned by the said Act."
After a long Debate;
This Question was put, "Whether the Earl of Peterborough and the Earl of Salisbury shall be now discharged of their Imprisonments?"
It was Resolved in the Negative.
Then this Question was put, "Whether the Earl of Salisbury and the Earl of Peterborough shall be admitted to Bail?"
It was Resolved in the Affirmative.
E. of Salisbury and E. of Peterborough to be bailed.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Lucas, Chief Governor of their Majesties Tower of London, do bring to the Bar of this House, To-morrow, at Ten of the Clock in the Forenoon, James Earl of Salisbury, now Prisoner in The Tower, in order to his being bailed; and that his Lordship do bring with him Two Sureties, to be bound each of them in Five Thousand Pounds apiece, and his Lordship in Ten Thousand Pounds, for his Appearance before this House at any Time when he shall be so ordered.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Lucas, Chief Governor of their Majesties Tower of London, do bring to the Bar of this House To-morrow, at Ten of the Clock in the Forenoon, Henry Earl of Peterborough, now Prisoner in The Tower, in order to his being bailed; and that his Lordship do bring with him Two Sureties, to be bound each of them in Five Thousand Pounds a piece, and his Lordship in Ten Thousand Pounds, for his Appearance before this House at any Time when he shall be so ordered.
Writs of Error and Appeals, Time for bringing in.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That all Persons who shall have any Writ of Error, or Petitions of Appeal, from any Courts below, do bring in their said Writs of Error or Petition within Fourteen Days, to be accounted from and after the Date hereof; after which Day, the Lords do declare, they will receive no Petitions or Writs of Error.
Foster & al. versus Bernard & al.
Upon reading the Petition of Anthony Forster and others; praying, "That a Day may be appointed, for hearing their Cause depending in this House, to which John Bernard Administrator to Humsrey Munt, who was surviving Executor to John Markland, and the Children of the said Humsrey Munt, are Defendants:"
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 Wednesday the Fifteenth Instant, at Ten of the Clock in the Forenoon.
Redish, Groom of the Ewry, arrested.
Upon reading the Petition of Edward Redish; shewing, "That he being in Waiting on Their Majesties in his Place, as Groom of Their Majesties Ewry in Ordinary, he was, on the 22th Day of September last, arrested, at the Suit of Thomas Ewres of Richmond "Gentleman, by Jacob Broad of Clement's Inne Bailiff, by Warrant from James Tizard Gentleman Undersheriff, and John Barnard of Clifford's Inne the Plaintiff's Attorney; and praying to be discharged, and that the said Persons may be brought to condign Punishment, for their Offence and Contempt:"
Ewers, Broad, & al. sent for.
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Ewers, James Tisard, John Bernard, and Jacob Broad, be, and are hereby, required to attend this House on Wednesday next, at Ten of the Clock in the Forenoon, to answer the Breach of Privilege, in having arrested the said Edw. Redish; and hereof they may not fail, as the contrary will be answered to this House.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Bridgewater be added to all the Standing Committees of the House.
House to be called.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be called on Monday the 13th Instant, at Ten of the Clock in the Forenoon.
D. of South'ton versus Bp. of Cov. & Litchfield, for Waiver of Privilege.
Upon reading the Petition of his Grace Charles Duke of South'ton; praying, "That the Lord Bishop of Coventry & Litchfeild may wave his Privilege, and that he may proceed against him in the Court of Chancery, to compel the said Bishop to answer the Petitioner's Bill:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Coventry and Litchfeild may have a Copy of the said Petition, and do put in his Answer thereunto in Writing on Wednesday the Fifteenth Day of this Instant October, at Ten of the Clock in the Forenoon.
Address to the Queen.
Lords Committees appointed by the House to draw up an Address to be presented to Her Majesty, to return the humble Thanks of this House to Her Majesty, for Her Majesty's great Care of the Nation and prudent Government thereof, in His Majesty's Absence out of this Kingdom:
L. Great Chamberlain.
Their Lordships, or any Three of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.
L. Chamberlain to defer waiting on His Majesty.
ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chamberlain and the Lord Viscount Newport do defer their waiting on His Majesty until the Address be drawn to be presented to Her Majesty.
Impeachments in Statu quo from one Session to another.
Lords Committees appointed by the House, to inspect and consider Precedents, whether Impeachments continue in Statu quo from Parliament to Parliament; whose Lordships, having considered thereof, are to report their Opinions to this House.
Their Lordships, or any Five of them; to meet on Wednesday next, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to adjourn as they please.
A Petition from the Earl of Torrington, was read, as follows:
E. of Torrington, committed by the Privy Council, Petition to be released.
"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled,
"The humble Petition of Arthur Earl of Torrington;
"That your Petitioner was, on the Tenth of June last, by Warrant from divers of the Privy Council, for High Crimes and Misdemeanors, committed Prisoner to The Tower, without being heard, and not having refused to give Bail; by virtue whereof, he hath continued a Prisoner ever since, without having any particular Matter laid to his Charge: Which being done in Time of Privilege of Parliament, and not knowing of what Consequence such Precedent may be to the Privilege of Peerage, nor how far his Silence and Compliance may be judged by your Lordships, injurious to your Rights;
"Your Petitioner therefore most humbly proposes and submits his Case to your Lordships Consideration, and prays your Lordships will be pleased, for your Petitioner's Enlargement and Relief, to take such Course as your Lordships in your great Wisdom shall think fit; your Petitioner not doubting fully to acquit himself before your Lordships of any Thing can be objected against him.
"And your Petitioner shall pray, &c.
Upon reading the Petition of Arthur Earl of Torrington:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition shall be taken into Consideration To-morrow, at Ten of the Clock in the Forenoon, the First Business.
Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, videlicet, septimum diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.