Then the Lord Privy Seal moved the House in the behalf of the three Popish Lords, that were upon bail to appear at the bar of the Lords’ House the first day of the Parliament, and he produced a petition from them, which was read; and in it they set forth, that they were impeached of high treason, and imprisoned for five years, and upwards, upon the single testimony of Titus Oates, who was found guilty of perjury by several indictments, and they prayed to be set at liberty, with reparation of their honours.
Then the Earl of Chesterfield moved the House in behalf of the Earl of Danby, and told their Lordships that he had a petition from the Earl of Danby, and prayed it might be read; and it was ordered to be read by the Clerk. The purport of his petition was to shew to the Lords, that he had been impeached and imprisoned for above four years, merely upon suggestion, without oath, and prayed their Lordships’ favour for his enlargement.
This petition of the Earl of Danby was more modest than the other Lords’ petition, which made the Lord Keeper observe, and say to the House, that the prayer of the Earl of Danby’s petition was different from the prayer of the Popish Lords’ petition; for they desired to be enlarged forthwith with reparation. And the Earl of Danby prayed either to have his trial, or to renew his bail, or to have such directions as their Lordships should think meet in his case.
The Lord Keeper’s intimation was not taken well by my Lord Danby’s friends; and therefore the Earl of Chesterfield, Lord High Chamberlain, and others stood, and moved successively, that the Earl of Danby’s case was the same with the Popish Lords, i.e., imprisonment and impeachment without oath, and therefore the remedy was the same.
Upon these motions, the House came to this resolution and order, i.e., they ordered that the Lords should be called in, and stand at the bar, to whom the Lord Keeper said that the House had read their petition, and had given order to record or enter the appearance, and that they should withdraw, and attend the House the first time they sat after this day, to know the further pleasure of the House as to their petitions.
The Lord Butler moved in behalf of the Earl of Tyrone, and he appeared at the bar, and had the same answer as the other Lords, viz., to attend at the next sitting day.
When this was done the House adjourned during pleasure, and the King withdrew into the Prince’s lodgings for a quarter of an hour, and the Lords went to the adjacent rooms to refresh themselves; and in a quarter of an hour the King returned into the House, and the Lords into their places, and then the House was resumed.
Thereupon the King withdrew, and presently came in his robes, and his crown upon his head, attended with the officers of state and heralds as aforesaid, and sat on his throne, and then the Usher of the Black Rod went down to call the Commons, who forthwith, with Sir John Trevor, their Speaker, attended at the bar of the House, and said (having made their bows or congé of reverence) that the Commons assembled in Parliament had made choice of him for their Speaker, and that he was sensible of his great disabilities to undergo that weighty task, and thereupon prayed his Majesty, that he would graciously be pleased to command the House of Commons to go down and choose another Speaker.
The King having heard his disabling harangue, whispered the Lord Keeper; and then the Lord Keeper (from behind the Chair of State) said, “Sir John Trevor, the King hath commanded me to tell you, that he is well apprised of your parts and zeal to serve him, and the Commons, and therefore he approves of their choice, and admits you to be the Speaker.”
Then the Speaker, in a short speech (read out of his paper, which was the first time that I observed a Speaker read any speech) expressed his thankfulness for his Majesty’s good opinion of him, and his parts, and promised to do his duty zealously and loyally, and then prayed (after the usual manner) that the Commons might have (1) their freedom of speech and (2) freedom from arrest, and (3) access to his Majesty to deliver their addresses, &c.