House of Lords Journal Volume 10: 18 January 1649

Page 646

Journal of the House of Lords: Volume 10, 1648-1649. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Page 646

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DIE Jovis, 18 die Januarii.

PRAYERS, by Mr. Marshall.

Domini præsentes fuerunt:

Comes Denbigh, Speaker.

Comes Kent.
Comes Pembrooke.
Ds. Grey.
Ds. Howard.

Caryl and Hutchins, about the Rectory of Boxford.

Upon reading the Petition of John Caryll Clerk; shewing, "That, on the 13th of December last, he was to be admitted and instituted unto the Rectory of Boxford, in the County of Berks, by Doctor Aylett; yet one Edward Hutchins Clerk hath disturbed and hindered the Petitioner from being inducted into the said Rectory, by virtue of an Order of Institution and Induction from this House, directed to Doctor Aylett; having obtained a Title from the Commissioners of the Great Seal of England:"

It is Ordered, That Doctor Aylett, and all others whom it concerns, shall forbear to do any Thing in this Business, until the Pleasure of this House be further signified.

Order for Adjournment of the Term.

It being moved, "That, in regard of the great Businesses now in Agitation about settling the Affairs of the Kingdom, it will be convenient to adjourn the next Term for some small Time;" and the House judging it necessary:

Ordered, That these Lords following shall be Committees, to draw up an Order to this Purpose, and present the same to the House, that so the Concurrence of the House of Commons be desired:

Comes Kent.
Comes Pembrooke.
Comes Denbigh.
Ds. Grey.
Ds. Howard.

The aforesaid Lords having met, the Earl of Pembrooke reported the Order drawn up for adjourning Part of the next Term; which was read, and considered of, and approved; and ordered to be speedily sent to the House of Commons, for their Concurrence.

Message to the H. C. with it.

And accordingly a Message was sent to the House of Commons, by the Lord Chief Baron and Mr. Justice Cresheld, to deliver the said Order to the House of Commons, and desire their Concurrence therein.

Painter and Kent.

Ordered, That the Errors between Painter Plaintiff and Kent Defendant, and the Errors between Smyth Plaintiff and Davies Defendant, shall be argued, by Counsel, at this Bar, this Day Month.

Answer from the H. C.

My Lord Chief Baron and Mr. Justice Cresheld return with this Answer from the House of Commons:

That they will send an Answer, concerning the Order for adjourning some Part of the next Term, by Messengers of their own.

Gregory and Symonds, in Error.

The Lord Chief Baron reported, "That the Judges, to whom the Consideration of the Errors in the Writ of Error between Gregory Plaintiff and Symonds Defendant was referred, have heard Counsel on both Sides; and, upon Consideration thereof, [ (fn. 1) do not find] that there is any Error in the Judgement given in the King's Bench."

Hereupon it is Ordered, That the said Judgement is hereby affirmed; and the Record to be transferred into the Court of King's Bench, that so Execution may be taken out accordingly.

Baron Trevor, Leave to be absent.

Ordered, That Baron Trevor hath Leave to be absent from his Attendance on this House, as an Assistant, for Fourteen Days.


House adjourned till 10a cras Aurora.


  • 1. Bis in Originali.