DIE Martis, 14 die Maii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. St. Asaph.
|Marq. de Halyfax, C. P. S.
Dux de Norff. Comes Marescallus.
Dux de Beaufort.
Dux de Bolton.
Ds. Howard de Effingham.
Ds. North & Grey.
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
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
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:"
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
"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."
Marq. de Halyfax, Orator Procerum pro Tempore,
declaravit præsens Parliamentum continuandum esse usque
in diem Mercurii, videlicet, 15um diem instantis Maii,
hora decima Aurora, Dominis sic decernentibus.