House of Lords Journal Volume 12: 15 March 1671

DIE Mercurii, 15 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

REX.

PRAYERS.

Arundel House Bill.

The Earl of Dover reported, "That the Committee have considered the Bill for giving Power to the Guardians of the Duke of Norff. to make Leases for Years of Arundell House, &c. and have made divers Amendments therein."

Which, being read Twice, were Agreed to; and the Bill ordered to be engrossed, with the said Amendments.

Bill against stealing Children, &c.

ORDERED, That the Bill against taking up of Children is re-committed; and the Lord Powis and the Lord Hatton are added to the said Committee.

Paris Garden Bill.

ORDERED, That the Bill for making the Manor of Paris Garden a Parish, &c. be reported To-morrow Morning.

Sir A. Hacket's Bill.

ORDERED, That Sir Andrew Hackett's Bill be read the Third Time To-morrow Morning.

Bill to unite Ross Vicarage and Parsonage.

ORDERED, That the Bill for uniting the Vicarage of Ross be re-committed; and the Committee is appointed to meet on Friday Morning next, at Nine of the Clock.

ORDERED, That those Causes as were appointed to be heard this Day, and remain undispatched, shall be proceeded in To-morrow Morning.

Cusack versus Usher, in Error: Judgement affirmed.

Whereas, by virtue of His Majesty's Writ of Error, returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench in England was brought into this House on the Eighth Day of February last (with the Transcript thereof), wherein the affirming of a Judgement given in the Court of King's Bench in the Kingdom of Ireland, for William Usher, against John Cusack and Robert Hussey, is entered:

Upon hearing of Counsel on both Parts at the Bar, to argue the Errors assigned by the said John Cusack and William (fn. 1) Usher, after due Consideration had of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge, That the said Judgement of the Court of King's Bench in England, for affirming the Judgement of the Court of King's Bench in Ireland, for the said William Usher, against the said John Cusack and Robert Hussey, be, and is hereby, affirmed; and that the said Transcript of the said Record, wherein the Judgement of the Court of King's Bench in Ireland is affirmed as aforesaid, be remitted; and that the said William Usher may thereupon proceed as if no such Writ of Error had been brought into this House.

The Tenor of which Judgement, to be affixed to the Transcript to be remitted, follows; videlicet,

"Postea, scilicet, Octavo Die Februarii, Anno dicti Domini Regis Vicesimo Tertio, Transcript. Record. æ Processus prædict. inter Partes prædictas, cum omnibus ea tangentibus, Prætextu cujusdam Brevis de Errore corrigend. per prædictos Johannem Cusack & Robertum Hussey in Præmissis prosecut. dicto Domino Regi in præsenti Parliamento, a prædictâ Curiâ dicti Domini Regis, hic transmissum suit; prædictique Johannes Cusack æ Robertus Hussey, in eadem Curiâ Parliamenti comparentes, diversas Materias pro Errore in Recordo et Processu prædictis, pro Revocatione & Adnullatione Judicii prædicti, assignaverunt; ad quas prædict. Willielmus Usher, in eadem Curiâ Parliamenti prædict. comparens, placitavit, quod nec in Recordo & Processu prædictis nec in Redditione Judicii prædicti in ullo fuit Erratum; & postea, scilicet, Decimo Quinto Die Martii, Anno dicti Domini Regis nunc Vicesimo Tertio supradicto, in prædictâ Curiâ Parliamenti prædicti, visis & per Curiam ibidem diligenter examinatis & plenius intellectis tam Recordo & Processu prædict. ac Judicio super iisdem reddit. quam prædictis Causis pro Erroribus superius assignatis & allegatis, pro eo quod videtur Curiæ Parliamenti prædicti quod Recordum illud in nullo vitiosum aut defectivum existit, ac quod in Recordo illo in nullo fuit Erratum, ideo ad tunc & ibidem consideratum est per eandum Curiam Parliamenti prædicti quod Judicium prædictum in omnibus affirmetur, & in omni suo Robore stet & Effectu (dictis Causis pro Erroribus superius assignatis & allegatis in aliquo non obstantibus); æ quod prædictus Willielmus Usher in Curiâ dicti Domini Regis coram ipso Rege habeat inde Executionem suam versus præfatos Johannem Cusack & Robertum Hussey, juxta Formam & Effectum Judicii prædicti; ac superinde Record. & Processus prædict. Curiæ dicti Domini Regis per Curiam Parliamenti prædicti coram dicto Domino Rege ubicunque, &c. remittentur; æ in eadem Curiâ dicti Domini Regis coram ipso Rege jam resident. &c."

Cusack's Judgement, in the Cause between him and L. Dungannon and Boulton, suspended.

The Earl of Dorsett reported, "That the Committee for Petitions have considered the Petition of John Cusack; but cannot determine whether it come regularly before this House, because they know not whether any Appeal lies from the Court of Claims to the Chancery in Ireland; therefore humbly offers as an Expedient, That this House would order some of the Judges of Ireland to certify whether an Appeal lies from the said Court of Claims to the Chancery of Ireland."

Upon this, the said Petition of John Cusack was read.

And, after Debate thereupon,

The Question being put, "Whether it shall be ordered, That the Execution of the Judgement against the said John Cusack shall be suspended?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, Before the putting the abovesaid Question, these Lords following desired Leave to enter their Dissents, if the Question was carried in the Affirmative; and accordingly they do enter their Dissents, by subscribing their Names:

"Brecknock.
Essex.
J. Bridgewater.
Suffolke.
Dover.

"Anglesey. Because the Defendants were never yet summoned nor heard, and are not Parties to the Judgement; and for many other Reasons, very obvious, as I humbly conceive.

Joh. Roffen.
Newport.
Chandos.
Rob. Bangor."

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 16^um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.