House of Lords Journal Volume 16: 29 March 1699

DIE Mercurii, 29 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Memorandum, These Lords Spiritual were present in the House at Prayers, but withdrew before the Debute.

PRAYERS.

Lordington Manor Bill.

The Earl of Scarbrough reported from the Lords Committees, the Bill, intituled, "An Act for Sale of the Manor of Lordington, alias Lurtington, and Whitwey, and divers Lands in the County of Sussex; and for laying out Five Thousand Pounds in purchasing other Lands, to be settled in Lieu thereof," as fit to pass, with some Amendments.

Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Address to the King, for the Bishop of Derry, the Serjeant at Arms of the House of Lords in Ireland, his Deputy, and Colonel Lucy, to be sent for in Custody, for Contempt of the Order in the Cause wherein the London Ulster Society are Plaintiffs versus Bp. of Derry:

The Marquis of Normanby reported from the Lords Committees, the Address drawn by them, to be presented to His Majesty, upon the Petition of the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in the Kingdom of Ireland, as follows; (videlicet,)

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, humbly acquaint Your Majesty, That, on the Four and Twentieth Day of this Instant March, we received a Petition from the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in Ireland, in the Words following; (videlicet,)

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

"The humble Petition of the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in the Kingdom of Ireland;

"Sheweth,

"That your Petitioners formerly exhibited their humble Petition and Appeal to your Lordships, against a Judgement given by the Lords assembled in Parliament in Ireland, upon a Petition and Appeal of William Lord Bishop of Derry, to their Lordships, against an Interlocutory Order, and several subsequent Orders, made in the Court of Chancery there, in a Cause there depending, between the said Lord Bishop Plaintiff, and your Petitioners and others Defendants, touching some Lands in the County and Liberties of London Derry.

"That your Lordships, upon reading the said Petition, were pleased to direct Precedents or Cases from Ireland should be produced before your Lordships, relating to the Method of appealing from Decrees made in the Court of Chancery there; which was accordingly done: And your Lordships ordered both Parties might take Copies, which your Petitioners accordingly did: And your Lordships were pleased to appoint the Fourth of May last, for hearing your Petitioners said Appeal; and the said Bishop's Agents were to have Notice thereof.

"That your Petitioners gave Notice thereof accordingly; and, upon a full Hearing of the said Appeal, and reading of several Precedents and Cases, your Lordships, the Four and Twentieth of May last, did order, adjudge, and declare, That the said Appeal of the Bishop of Derry to the House of Lords in Ireland, from the said Decree or Orders of the Court of Chancery in the said Kingdom, was coram non Judice; and that all the Proceedings thereupon were null and void; and that the Court of Chancery in Ireland ought to proceed in the said Cause, as if no such Appeal had been made to the House of Lords there; and if either of the said Parties did find themselves aggrieved by the said Decree or Orders of the Chancery of Ireland, they were at Liberty to pursue their proper Remedy, by Way of Appeal to your Lordships.

"That your Petitioners, with much Difficulty and Hazard, procured the said Bishop of Derry to be personally served with your Lordships Order of the Four and Twentieth of May last, as by Affidavit annexed appears.

"That the said Bishop moved the House of Lords in Ireland, the Second of November last; and obtained Two Orders of the House of Lords there, to apprehend and bring in Custody to their Bar, the Two last and present Sheriffs of Derry, for a supposed Contempt by them committed against that House, in not obeying their Orders made in this Cause, for putting the said Bishop into Possession of the Premises in Question; and thereupon their Serjeant at Arms, with the Governor of Derry, and some Soldiers, at One or Two a Clock on Sunday Morning, the Sixth Day of the same November, in a tumultuous Manner, apprehended the present Sheriffs of Derry, and carried them Prisoners to Dublin, and there kept them a considerable Time, to their very great Charge and Loss, and forced the late Sheriffs to abscond; and not only so, but the said Bishop, on the Nineteenth of the said November, obtained an Order of the said House of Lords in Ireland, for a Serjeant at Arms to apprehend your Petitioners Agent, for a Breach of Privilege, in serving him the said Bishop with your Lordships Order of the Four and Twentieth of May last; and obtained another Order from the Lords in Ireland, for the Coroner to put him into Possession; and also for the Serjeant at Arms to apprehend Five of your Petitioners Tenants, for Breach of Privilege, for opposing the giving the said Bishop Possession of the Lands belonging to your Petitioners; and hath, by such irregular and unwarrantable Proceedings, got Possession of all or most of the Lands near the City, granted to your Petitioners; and is contracting with several Persons about letting Leases thereof; so that the City is left without the Conveniency of either Meadow or Pasture about it, and but some few Acres of barren Ground, to the great Oppression and Impoverishment, not only of the City, but also to the manifest Wrong of your Petitioners: All which, and many other irregular Proceedings of the said Bishop of Derry, contrary to your Lordships Order of the Four and Twentieth of May last, your Petitioners are ready to make appear to your Lordships.

"Wherefore, for that thereby, and by other unusual Ways of Proceeding, your Petitioners are not only debarred from proceeding according to the common Rules of Justice, for obtaining the Liberties granted to them, but are likely to receive no Benefit (but, on the contrary, great Prejudice hitherto) by your Lordships said Order;

"Your Petitioners most humbly submit the same to your Lordships Consideration; humbly praying your Lordships, to give such Redress in the Premises as your Lordships, in your great Wisdom, shall think fit.

"And your Petitioners shall pray, &c.

Robert Clayton, Governor.
John Glover.
B. Gracedieu, Deputy.
John Manford.
John Egleton, Treasurer.
John West Senior.
Wm. Hedges.
Timothy Batt.
Tho. Abney.
John West.
John Cullum.
Joseph Marshall.
John Sherbrook.
Tho. Pitts.
Robert Knight.

"The Allegations of which Petition we have examined; and, finding the same proved upon Oath, have judged the Proceeding in that Kingdom, by the said Bishop of Derry, Lloyd Serjeant at Arms to the House of Lords in Ireland, Scott his Deputy, and Lieutenant Colonel Lucy late Commander in Chief in Derry, to be an high Contempt of the Order of this House of the Four and Twentieth of May last; whereby it was adjudged and declared, That the Appeal of the said William Lord Bishop of Derry to the House of Lords in Ireland, from the Decree or Orders of the Court of Chancery in the said Kingdom of Ireland, made in a Cause there depending, wherein the said Bishop of Derry was Plaintiff, and the Society of the Governor and Assistants, London, of the new Plantation in Ulster, in Ireland, were Defendants, was coram non Judice; and that all the Proceedings thereupon were null and void; and that the Court of Chancery in Ireland ought to proceed in the said Cause, as if no such Appeal had been made to the House of Lords there; and if either of the said Parties found themselves aggrieved by the said Decree or Orders of the Chancery of Ireland, they were at Liberty to pursue their proper Remedy, by Way of Appeal to the House of Lords in England.

"And whereas this illegal Proceeding has been committed in another Kingdom, though dependant on this, and consequently subject to the Judgement of this House in all Cases brought by Appeal hither; we conceive it the most respectful Way to address to Your Majesty, that You would be pleased to give effectual Order, that the said Bishop of Derry, Mr. Lloyd, Mr. Scott, and Lieutenant Colonel Lucy, shall forthwith be brought over, in Custody, to appear at the Bar of this House, in order to answer for their said high Contempt."

Which being read;

The Question was put, "Whether this House shall agree with the Committee in this Address?"

It was Resolved in the Affirmative.

Protest against it.

"Dissentient.
Ormonde.
Burlington.
N. Cestriens.
Anglesey.
H. London. W. Cov. & Lich.
Edw. Gloucester.
Gi. Sarum.
Sy. Eliens.

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chancellor do attend His Majesty, with the said Address.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Absent Lords excused:

The House being moved, for excusing some Lords from their Attendance at the Trial of the Lord Mohun; they being indisposed, and not able to attend:

The Lords following were excused; (videlicet,)

Adjourn to Westm. Hall.

Then the House was adjourned to the Court in Westminster Hall; and the Lords and others went thither in the same Manner as Yesterday.

The House was resumed.

Ld. Mohun at the Bar:

Proclamation was made for Silence, and for the Chief Governor of His Majesty's Tower of London to bring to the Bar the Body of Charles Lord Mohun.

Who, being there, and kneeling, was, by the Lord High Steward, bid to stand up.

After which, the Lord High Steward asked Leave for the Judges to be covered: Which was granted.

Then the Lord High Steward acquainted the Lord Mohun, "That he was brought to his Trial, for the Murder of Mr. Coote; and that an Indictment was found against him."

Whereupon he was arraigned by the Clerk of the Crown in the King's Bench, and pleaded "Not Guilty."

Then the Clerk asked him, "How he would be tried?" He said, "By GOD and his Peers."

Then the Lord Mohun desired Pen, Ink, and Paper: Which was allowed him.

And after Proclamation for all Persons to come in, who could give Evidence against Charles Lord Mohun; the Lord High Steward asked Leave to come to the Woolsack.

Which being granted;

The King's Counsel opened the Evidence; and several Witnesses examined upon Oath.

And the Lord Mohun having made some Remarks of what was offered by the King's Counsel:

Mr. Solicitor General summed up the Evidence.

Then the House adjourned to the House of Peers; and the Lords went back in the same Order as before.

The House being resumed:

Bishops deliver a Protestation and retire:

And the Lord Archbishop of Canterbury, in Behalf of himself and the rest of the Bishops, offered a Protestation.

Which was read, and agreed to, as followeth;

"The Lords Spiritual of the House of Peers do desire the Leave of this House, to be absent from the Trial of Charles Lord Mohun; by Protestation, saving to themselves and their Successors all such Right in Judicature as they have had by Law, and of Right ought to have."

Then he asked Leave, that they might withdraw.

Which being agreed to, they immediately withdrew.

Then the House took into Consideration the Evidence given against the Lord Mohun.

Lords to vote according to Evidence, and not on Presumption.

The House agreed, That the Lords ought to vote according to Evidence, and not on Presumption or Belief.

The House was called over; and being adjourned to the Court in Westm'r Hall, the Lords went thither in the same Manner as before; save only the Bishops, who had Leave to withdraw as before.

Then, the Lord High Steward being seated on his Chair, and Proclamation made for Silence, the House proceeded to give Judgement.

And the Lord High Steward began with the youngest Baron first; and asked him, and every other Peer severally, "Whether Charles Lord Mohun is Guilty of the Felony and Murder whereof he stands indicted, or Not Guilty?"

All answering, "Not Guilty upon their Honour:"

The Lord High Steward declared, "That the said Charles Lord Mohun was Not Guilty, but acquitted of the Felony and Murder whereof he stood indicted."

After which, Proclamation was made for the Prisoner to be brought to the Bar.

Who being come; the Lord High Steward acquainted him, "He had been indicted, and arraigned, and, upon his Arraignment, found Not Guilty of the Felony and Murder whereof he stood indicted; and therefore was discharged, paying his Fees."

And then, Proclamation being made for Silence, the Lord High Steward dissolved his Commission, by breaking his Staff; and came to the Woolsack; and adjourned to the House of Peers.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, (videlicet,) tricesimum primum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.