House of Lords Journal Volume 14: 14 May 1689

DIE Martis, 14 die Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

M. de Halyfax Speaker pro Tempore.

Commissioners of the Great Seal Bill.

The Earl of Stamford reported, "That the Committee, according to the Directions of the House, have inspected and considered the Clauses made by the Commons, in the Bill for enabling the Commissioners of the Great Seal to execute the Office of the Lord Chancellor or Lord Keeper, and amended some of them, according to the Debate of the House:"

The which being read and Agreed to, and appointed to be communicated to the House of Commons at a Conference, To-morrow Morning; against which Time the Committee are to consider of some Reasons to be offered at the Conference for amending some of their Clauses.

L. Howard of Esc. Leave to be absent.

ORDERED, That the Lord Howard of Escrick hath Leave given him to go into the Country, for his Health.

Arnold versus Smith, &c.

Upon reading the Petition and Appeal of Richard Arnold Gentleman, complaining of several Decrees and Proceedings in the Court of Chancery; and praying, "That the several Causes in the Petition mentioned may be heard before this House; and that Anne Arnold, Sir Edward Smith and his Lady, and Henry Nurse, may be ordered to answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Arnold, Sir Edward Smith and his Lady, and Henry Nurse, may have a Copy of the said Appeal; and be, and they are hereby, required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the 21th of May Instant, at Ten of the Clock in the Forenoon; whereof the said Richard Arnold is to cause timely Notice to be given to the Defendants, to the End they answer accordingly.

Bernardiston versus Regem, in Error.

Whereas the King's Counsel was to have Notice, that this House had appointed to hear the Counsel of Sir Samuell Bardnadiston upon his Writ of Error, and none of His Counsel appeared; Oath was made at the Bar, "That they had Notice thereof:"

Judgement reversed.

The House heard the Counsel of Sir Samuell Barnadiston, and gave Judgement as follows:

"Upon hearing Counsel this Day at the Bar, to argue the Errors assigned by Sir Samuell Bernadiston Baronet Plaintiff, in a Writ of Error brought into this House from the Court of King's Bench, the 16th Day of April 1689, to which Their Majesties are Defendants: After due Consideration 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 the said Sir Samuell Bernadiston is erroneous, and shall be, and is hereby, reversed."

Reasons for it.

The House ORDERED, That the Grounds and Reasons which induced them to give this Judgement should be entered in the Journal; (videlicet,)

"1. The Information in this Case being grounded upon Letters, which in themselves were not criminal, but made so by Innuendo's; their Lordships declare, That Innuendo's or supposed and forced Constructions ought not to be allowed; for all Accusations should be plain, and the Crimes ascertained.

"2. That this Fine of Ten Thousand Pounds is exorbitant and excessive, and not warranted by legal Precedent in former Ages; for all Fines ought to be with a Salvo Contenemento, and not to the Parties Ruin.

"3. That the demanding Sureties for the good Behaviour during Life, except in very great and oftenrepeated Crimes, wherein the Public Peace of the Realm is very much concerned, is contrary to the Liberty of the Subject."

Adjourn.

Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 15^um diem instantis Maii, hora decima Aurora, Dominis sic decernentibus.