House of Lords Journal Volume 14: 1 June 1689

DIE Sabbati, primo die Junii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Marq. de Halyfax Speaker pro Tempore.

PRAYERS.

Exporting Leather, Bill.

Hodie 1^a vice lecta est Billa, "An Act for reviving Two former Acts, for exporting of Leather."

E. Torrington introduced, and takes the Oaths.

This Day Arthur Earl of Torrington was introduced, between the Earl of Pembrooke and the Earl of Oxon; the Gentleman Usher of the Black Rod and Garter King at Arms going before, carrying his Patent and Writ of Summons; and the next to them the Lord Great Chamberlain, and the Earl Marshal of England.

His Lordship delivered his Patent and Writ to the Speaker, on the Knee; who delivered the same to the Clerk of the Parliaments; who brought them to the Table, and read them.

The Patent bears Date the 29 of May, Anno 1° Guil. et Mariæ; and the Writ of Summons is dated the 30th of May, Anno 1° Guilielmi Regis et Mariæ Reginæ. And then he was brought and placed at the lower End of the Earls Bench.

Arthur Earl of Torrington took the Oaths, and made and subscribed the Declaration, appointed by the Acts.

Bernadiston versus Soames, in Error.

The House being moved, "That they would be pleased to appoint a Day, for hearing the Errors argued, upon the Writ of Error brought into this House, wherein Sir Samuell Bernadiston is Plaintiff, and Dame Katherine Soames Widow, Executrix of Sir William Soames, Defendant:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Sides, at the Bar, on Thursday next, being the Eighth Instant, at Ten of the Clock in the Forenoon; and in the mean Time she may join Issue, if the please; whereof the said Sir Samuell Bernadiston is to cause Notice to be given to the said Dame Katherine Soames, to the End she attend accordingly.

Inhabitants of Wales, concerning the Bill for taking away the Court of the Marches of Wales.

Upon reading the Petition of several of the Inhabitants of Wales; desiring, "That the Bill, intituled, An Act for taking away the Court, holden before the President and Council of the Marches of Wales, may pass:"

It is ORDERED, That the Lord Privy Seal do, on Monday Morning next, report to the House what was urged by the Counsel for and against the said Act.

Judges to attend, about affirming Oates's Judgements.

It is ORDERED, That the Lord Chief Justice Holt and Mr. Justice Dolben do attend this House on Monday next, at Ten of the Clock in the Forenoon; at which Time the Orders or Judgements are to be read, for affirming the Two Judgements against Tytus Oates for Perjury.

Eyre versus Eyre.

Upon hearing Counsel at the Bar, in the Cause wherein Rowland Eyre is Plaintiff, and Thomas Eyre is Defendant:

It is ORDERED, That the giving Judgement in this Cause shall be suspended until Tuesday next; and that, in the mean Time, the Clerk do search for some Precedents, wherein the House hath thought fit to explain or set aside their former Judgements or Orders.

Persons secured against Oates's Oaths.

Leave was given, for the bringing in a Bill, to secure Persons hereafter from the Prejudice which may come by the Oaths of Tytus Oates.

Benefices of Papists, to invest in the Universities, Bill.

Hodie 1^a vice lecta est Billa, "An Act to invest in the Two Universities the Presentations of Benefices belonging to Papists."

Oates versus the late K. James, in Error.

After hearing Counsel at the Bar, to argue Errors assigned by Tytus Oates, upon a Writ of Error brought into this House, from the Court of King's Bench, the 4th Day of April last past, to which James Duke of Albany, afterwards late King of England, &c. was Defendant, upon an Action of Scandalum Magnatum:

Judgement reversed.

After due Consideration had of what was offered by Counsel thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the said Judgement, given against Titus Otes aforesaid, shall be, and is hereby, reversed.

The Tenor of which Judgement, to be affixed to the Record, follows:

"Et Postea, scilicet, Quarto Die Aprilis, Anno Regni Domini Guil'mi et Dominæ Mariæ Regis et Reginæ Angl. &c. Primo, Transcript. Record. et Process. præd. cum omnibus ea tangen. Prætextu cujusdam Brevis dict. Domini Regis et Reginæ, de Error. corrigend. per præfat. Titum Oates in Præmiss. prosecut. Domino Regi et Dominæ Reginæ, in præsenti Parliamento apud Westm. a præd. Curia dict. Domini Regis et Dominæ Reginæ hic transmiss. suit; prædict. Tytus Oates, in propria Persona sua in eadem cur. Parliamenti comparens, diversas Causas et Materias pro Error. pro Revocatione et Adnullatione Judicii prædict. placit. ad quod dict. Dominus Rex et Domina Regina per Henric. Polexphen Mil. Attornat. snum General. comparen. placitavit quod nec in Record. et Process. præd. nec in Redditione Judicil præd. in ullo est Errat.; et postea, scilicet, 1° Die Junii, Anno Regni dict. Domini et Dominæ Guliel. et Mariæ Primo supradict. in præd. Cur. Parliament. præd. dictorum Domini Regis et Dominæ Reginæ nunc, visis et per Cur. ibidem diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Causis et Materiis pro Erroribus superius assignat. et allegat. maturaque Deliberatione inde habita, consideratum est per Cur. præd. Parliamen. quod Judicium præd. revocetur, adnulletur, et penitus pro nullo habeatur."

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, videlicet, 3^um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.