Journal of the House of Lords: Volume 14, 1685-1691. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 14: 25 June 1689', in Journal of the House of Lords: Volume 14, 1685-1691, (London, 1767-1830) pp. 253-254. British History Online https://www.british-history.ac.uk/lords-jrnl/vol14/pp253-254 [accessed 26 April 2024]
In this section
DIE Martis, 25 Junii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
|
Archb. of Yorke. Epus. London. Epus. Winton. Epus. St. Asaph. Epus. Carlisle. Epus. Rochester. Epus. Exon. Epus. St. David's. Epus. Sarum. |
Marq. de Halyfax, C. P. S. Duke de Grafton. Duke de Beaufort. (fn. 1) Duke de Bolton. Comes Lyndsey, L. G. Chamberlain. Comes Dorset, L. Chamberlain. Comes Oxon. Comes Shrewsbury. Comes Kent. Comes Derby. Comes Bedford. Comes Bridgewater. Comes North'ton. Comes Bolingbrook. Comes Mulgrave. Comes Rivers. Comes Stamford. Comes Carnarvon. Comes Scarsdale. Comes Bathe. Comes Craven. Comes Aylisbury. Comes Sussex. Comes Feversham. Comes Maclesfeld. Comes Nottingham. Comes Rochester. Comes Fauconberg. Comes Monmouth. Vicecomes Hatton. |
Ds. Wharton. Ds. Paget. Ds. Howard de Essing. Ds. North. Ds. Chandos. Ds. Lovelace. Ds. Maynard. Ds. Herbert. Ds. Jermyn. Ds. Vaughan. Ds. Ward. Ds. Colepeper. Ds. Lucas. Ds. Cornwallis. Ds. Crewe. Ds. Arundell T. Ds. Ossulston. Ds. Dartmouth. Ds. Godolphin. Ds. Ashburnham. |
PRAYERS.
M. de Halyfax Speaker pro Tempore.
College of Physicians Bill.
Hodie 2a vice lecta est Billa, "An Act for the better establishing the College of Physicians in London."
ORDERED, That the Consideration of this Bill is committed to these Lords following:
Their Lordships, or any Five of them; to meet To-morrow, at Nine of the Clock in the Forenoon, in the Prince's Lodgings; and to receive all Petitions, and hear all Persons concerned, and make such Alterations as they shall think necessary; and to consider particularly what Oaths are to be allowed. and whether any Papists are to be allowed to be Governors; and to report the same to the House.
Bernadiston versus Soame.
The House heard the Opinion of all the Judges, in the Case of Sir Samuell Bernadiston, upon his Writ of Error depending in this House.
And the Question being put, "Whether to go on in the Debate of this Business now?"
It was Resolved in the Affirmative.
After Debate;
Reversal of the Judgement not to be reversed.
The Question being put, "Whether to reverse the Reversal of the Judgement given between Sir Samuell Bernadiston and Sir William Soames?"
It was Resolved in the Negative.
Leave is given to several Lords, to enter their Dissents to the abovesaid Question; and accordingly do enter their Dissents, in the Reasons ensuing:
Protest against it.
"1. Because it is a denying Sir Samuell Bernadiston the Benefit of Law, which gives Relief in all Wrong and Injury; and though this be an Action of the First Impression, yet, here being a Damage to the Plaintiff, the Common Law gives him this Action to repair himself; and if it were not so, there would be a Failure of Justice, which cannot be admitted.
"2. Because the allowing this Reversal tends towards the giving the Power and Encouragement to Sheriffs to make false and double Returns; by which Means, the Right of Elections will be avoided; and it tends thereby to the packing of a House of Commons, which may overturn the whole Frame of the Government, and establish what Religion and Government a packed Parliament shall think fit.
"Bolton.
Stamford.
Maclesfeld.
Herbert.
P. Wharton."
Bernadiston's Judgement.
Whereas, by virtue of Their Majesties Writ of Error returnable into the House of Peers, a Record of the Court of King's Bench was brought into this House, the 24th of May 1689, with the Transcript thereof, wherein Judgement is entered for Sir William Soame, against Sir Samuell Bernadiston; upon which Writ Errors being assigned, after hearing Counsel at the Bar to argue the said Errors assigned, and due Consideration had of what was offered thereupon: The Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the Judgement given in the Exchequer Chamber, for the Reversal of the Judgement given in the Court of King's Bench, for Sir Samuell Bernadiston, against Sir William Soame be, and is hereby affirmed; and that the said Writ of Error, and Transcript annexed, be remitted to the Court of the King's Bench.
The Tenor of which Judgement, to be affixed to the Transcript to be remitted, follows:
"Et postea, scilicet, Vicesimo Quarto Die Maii, Anno (fn. 2) Regni Domini Guliel. & Dominæ Mariæ nunc Regis & Reginæ Angliæ Primo, Transcript. Record. & Process. præd. inter Partes præd. cum omnibus ea tangent. Prætext. cujusdam Brevis de Errore corrigend. per præsat. Samuel. Bernadiston in Præmissis prosecut. dict. Domino Regi & Reginæ in præsenti Parliam. a præd. Curia dicti Domini Regis & Reginæ hic transmiss. fuit; præd. Samuel (fn. 3) in eadem Curia Parliam. comparens, diversas Causas & Materias pro Error. in Record. & Process. præd. pro Revocatione & Adnullatione Judicii præd. assignavit; et postea, scilicet, 25° Die Junii, Anno dicti Domini & Dominæ Regis & Reginæ supradict. in præd. Curia Parliam. præd. visis & per Curiam ibidem diligenter examinatis & plenius intellectis tam Record. & Process. præd. in Judic. super iisdem reddit. quam Error. superius assignat. pro eo quod videtur Curiæ Parliam. præd. quod Record. illud in nullo vitiosum aut desectivum existit, et quod (fn. 4) Recordo illo fuit Errat. ad tunc & ibidem considerat. est per eandem Curiam Parliam. præd. quod Judicium præd. in omnibus affirmetur, & in omni suo Robore stet & Effectu."
Message from the King, about suspending the Proclamation for banishing French Papists.
The Lord Great Chamberlain acquainted the House, from His Majesty, "That though He had, by a former Message in Answer to their Address, told the House He would issue a Proclamation as desired; yet, upon further Consideration, finding that to banish all the French Papists Merchants might be disadvantageous to the Nation, they trading to other Countries, who are His Majesty's Allies, as well as to France; and besides, His Majesty having promised them, by a former Declaration, that He would protect them whilst they lived peaceably here, thinks fit to suspend the issuing such a Proclamation, until He hath asked your Lordships further Opinion therein."
Lords to attend the King about it.
After Consideration hereof, the House appointed the Lords with White Staves to attend His Majesty, humbly to acquaint Him, "That they submit it to His Majesty, to issue the Proclamation at such a Time, and in such Manner, as His Majesty shall judge most convenient for the Public Safety."
Barbers and Surgeons to be heard, concerning the College of Physicians Bill.
Upon the Petition of the Master or Governor of the Mystery or Commonalty of Barbers and Chirurgeons of London, and the Assistants and other Members of the said Company; praying to be heard, before the Bill intituled, "An Act for the better establishing the College of Physicians in London," do pass:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lords Committees to whom this Bill is referred, to be there heard.
Adjourn.
Marq. de Halyfax, Orator Procerum pro Tempore, declaravit præsens Parliamentum continuandum esse usque in diem Mercurii, videlicet, 26um diem instantis Junii, hora decima Aurora, Dominis sic decernentibus.