DIE Mercurii, 29 Martii.
Domini tam Spirituales quam Temporales præsentes
Epus. Cov. & Lich.
Dux Leeds, Præses.
Dux Devon, Ds. Senescallus.
Dux St. Albans.
Comes Lindsey, Ds. Magnus Camerarius.
Ds. Willughby Er.
Ds. Willughby Br.
Ds. Howard Esc.
Memorandum, These Lords Spiritual were present in the House at Prayers, but withdrew before the Debute.
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;
"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.
B. Gracedieu, Deputy.
John Egleton, Treasurer.
John West Senior.
"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
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.
H. London. W. Cov. & Lich.
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,)
Ds. North & Grey.
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
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
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
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.
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.