House of Lords Journal Volume 14: 30 July 1689

DIE Martis, 30 die Julii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Marq. de Halyfax Speaker pro Tempore.

Lords Leave to be absent;

ORDERED, That the Lord Bishop of Sarum hath Leave to go to Salisbury.

The Lord Lovelace hath Leave to be absent for a while.

and Justice Eyre.

ORDERED, That Mr. Justice Eyre hath Leave to go to Abingdon, to assist at the Assize there.

Bill to repeal the Act against multiplying Gold and Silver.

Hodie 1^a vice lecta est Billa, "An Act to repeal the Statute made in the 5th Year of King Henry the Fourth, against multiplying of Silver and Gold."

Sherley's Bill.

A Message was brought from the House of Commons, by Mr. Cristy and others:

Who brought up a Bill for enabling Hannah Sherley Widow, and Mary Battilhey alias Sherley her Daughter, to settle and dispose of certain Lands and Tenements in the County of Midd. and Essex, sent down formerly to the Commons; to which they have agreed, without any Amendment.

Report of the Conference on the Bill to reverse Judgements against Otes.

The Earl of Rochester and the other Lords who were Managers of the Free Conference had Yesterday with the House of Commons, concerning the Amendments made by their Lordships to the Bill, intituled, "An Act for reversing Two Judgements given in the Court of King's Bench against Titus Otes Clerk," made Report thereof, and of several Things urged by the Commons, and Replies thereunto.

Lords adhere to their Amendments.

After a full Debate and Consideration had thereof;

The Question was put, "Whether to adhere to the Amendments made by this House in the Bill, intituled, "An Act for reversing Two Judgements given in the Court of King's Bench, against Titus Otes Clerk?"

It was Resolved in the Affirmative.

Protestsagainst it.

"Dissentientibus,

"P. Wharton.
North & Grey.

"These Lords following do enter their Dissent to the abovesaid Question, in the Reasons ensuing:

"1. Because the Persons who gave Evidence against Titus Oates were incompetent Witnesses.

"2. Because Titus Oates's Evidence had before been verified upon those very Points in which the Perjury is assigned.

"3. Because it was at a Time when neither Counsel nor Witnesses could with Safety appear for Titus Oates.

"4. Because it was at a Time when the whole Course of the Administration of the Government was corrupted.

"5. Because a vast Sum of Money was expended on that Trial, and other foul Practices were used both with the Witnesses and Jurors.

"6. Because it makes it almost impossible to prove that a Verdict is corrupt, if nothing but the giving and taking of Money may pass for Evidence; whereas the Law has declared that many other Things may make a Verdict corrupt.

"7. Because this gives the Jury Preference, in Point of Justice, above Four successive Parliaments.

"8. Because it casts an Imputation on the Verity of the Popish Plot, and on the Justice of the Nation, and justifies my Lord Stafford and the rest that suffered on the Score of the Plot, so long as the Judgement against Oates stands in Force.

"9. Because it is expressly against the Declaration of our Rights, on the Thirteenth of February last.

"10. Because it is the greatest Blow that ever the English Liberties received, and puts them under a greater Disadvantage than if they had not so lately been declared.

"11. Though a Bill should be brought in, to declare the like Judgement shall not be given in Time to come; yet it would imply, that, before, such Judgement was lawful, which may be of pernicious Consequence.

"12. Because this Judgement against Oates has so far been received for Law, since Oates suffered, that Whipping has been used in other Cases besides Perjury.

"13. Because the Lords have allowed the Judgement against Titus Oates to be erroneous.

"14. Because it is more consistent with the Honour and Justice of the House of Peers, to rectify a mistaken Judgement given by themselves, than to adhere to it.

"15. Because, at Oates' Trial, the Court refused to grant Habeas Corpus for his Witnesses that were in Prison, though often by him demanded; and no Notice taken of his Demand, even by the Jurors themselves.

"Bolton. Stamford.
Montagu. Newport.
Bolingbrooke.
Bathe. Rivers.
Maclesfeld.
Radnor. Herbert. Granville.
Pagett.
C. Cornwallis.
Delamer. Vaughan.
Culpeper. Oxford.
Monmouth.
Shrewsbury.
Ward.
J. Lovelace."

Hutchins to be attached, for scandalous Words against Ld. Morley.

The House being informed, upon Oath, "That Henry Hutchin, Oilman, hath spoken very scandalous Words, reflecting upon the Lord Morley and Mountcagle, a Peer of the Realm and Member of this House, contrary to the Privilege of this House, and the Lord Morley:"

It is ORDERED, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Body of the said Henry Hutchins, and bring him in safe Custody to the Bar of this House, to answer the said Information; and this shall be a sufficient Warrant on that Behalf.

To Sir Thomas Duppa, Gentleman Usher of the Black Rod, his Deputy or Deputies, and either of them.

Succession Bill.

Then the House resumed the Debate upon the Bill for declaring the Right and Liberty of the Subject, and settling the Succession of the Crown.

And the Paragraph in the 28 Line in the Clause marked (A.) concerning tendering the Declaration or Test beyond the Seas, to any King or Queen, was read.

And the House ORDERED, To insist upon this Amendment.

Free Conference to be had about it.

ORDERED, To send for a Free Conference with the House of Commons To-morrow Morning, upon the Subject-matter of the last Free Conference, on the Amendments to this Bill.

Message to H. C. with Otes's Bill; and that the Lords adhere to their Amendments to it.

A Message was sent to the House of Commons, by Sir Miles Cooke and Mr. Meredith:

To deliver the Bill for reversing Two Judgements, given in the Court of King's Bench, against Titus Otes Clerk; and to let the Commons know, that the Lords do adhere to their Amendments.

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 31^um diem instantis Julii, hora decima Aurora, Dominis sic decernentibus.