House of Lords Journal Volume 13: 23 February 1678

DIE Sabbati, 23 die Februarii.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir John Cotton's Bill.

Hodie 1 vice lecta est Billa, "An Act to enable Sir John Cotton Baronet to dispose of a Messuage called St. Jermans, and Lands therewith used, near St. Albans, in the County of Hertford, and to settle Lands in Lieu thereof."

Lady Rivers et al. Bill.

Hodie 1^a vice lecta est Billa, "An Act to enable Trustees for Dame Anne Rivers Widow, and Sir George Rivers Baronet, to raise Money, by Sale of Timber, for Payment of the Debts of Sir John Rivers Baronet, and Provision for his Younger Children."

It was moved, "That the Question might be put, Whether this Bill shall be rejected."

Then the Question being put, "Whether this Question shall be now put?"

It was Resolved in the Negative.

The Lord Privy Seal, Earl of Bedford, and Lord Byron, are added to the Committee for the Bill concerning Deeping Fenn.

The Lord Viscount Fauconberg and Vicecomes Hallyfax are added to the Committee for the Bill concerning Mr. Cartwright's Estate.

New Buildings near London, to restrain, Bill.

The Committee for the Bill concerning new Buildings is appointed to meet on Tuesday next, at Three of the Clock in the Afternoon.

Moore versus Shalcross, in Error.

Upon hearing Counsel this Day at the Bar, for Richard Moore, Plaintiff, in a Writ of Error brought into this High Court on the 16th of July, 1677, as also for Richard Shalcross the Defendant therein, upon the Errors assigned and Issue joined:

After due Consideration of what was offered on either Part thereupon, the Lords Spiritual and Temporal in Parliament assembled do order and adjudge the Judgement of the Court of King's Bench given for the said Richard Shalcross, recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ of Error and Transcript annexed be remitted to the Court of King's Bench, to the End the said Richard Shalcross may have Execution of the said Judgement as if no such Writ of Error had been brought; and further, that the Court of King's Bench is hereby appointed to tax Costs to the said Richard Shalcross, by reason of the Delay of Execution of the said Judgement, by bringing the said Writ of Error into this House.

Shillingford, alias Izard, versus Palmer, in Error.

Upon reading the Petition of John Palmer Defendant, in a Writ of Error depending in this House, wherein John Shillingford, alias Izard, is the Plaintiff, upon which Errors are assigned, and Issue joined, praying that a Day may be appointed to hear the said Errors argued:

It is thereupon ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, at the Bar, to argue the said Errors on both Parts, on Saturday the Second Day of March next, at Ten of the Clock in the Forenoon; whereof the now Petitioner is to cause timely Notice to be given to the said John Shillingford, alias Izard, or his Attorney in the said Cause.

Bulkley versus Bulkley, in Error.

Upon hearing Counsel this Day at the Bar, for William Bulkley, Plaintiff in a Writ of Error brought into this High Court on the Eighth Day of May, 1675, as also for Bartholomewe Bulkley the Defendant therein, upon Errors assigned, and Issue joined:

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 Judgement of the Court of King's Bench, given for the said Bartholomewe Bulkley recited in the Transcript to the said Writ of Error annexed, be, and is hereby, affirmed; and that the said Writ of Error and Transcript annexed be remitted to the Court of King's Bench, to the End the said Bartholomewe Bulkley may have Execution of the said Judgement, as if no such Writ of Error had been brought into this Court.

Bulkley versus Bulkley, Appeal.

Upon hearing Counsel this Day at the Bar, upon the Petition of William Bulkley Merchant, concerning a Decree made in the Court of Chancery against him, for the Payment of Monies to Bartholomewe Bulkley, as also the Counsel of the said Bartholomew Bulkley concerning the same Matter:

After due Consideration had of what was offered on either Part thereon, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition of William Bulkley be, and is hereby, dismissed this House.

Atkinson versus Purcas, in Error.

Whereas this Day was appointed to hear Counsel, at the Bar, on both Parts, to argue the Errors assigned on a Writ of Error brought into this House on the 17th Day of March, 1676, on the Behalf of Peter Atkinson Plaintiff, whereto Benjamine Purcas is Defendant; the said Benjamine Purcas appearing by his Counsel, but the said Peter Atkinson not appearing, nor any Counsel for him:

It is thereupon ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement of the Court of King's Bench given for the said Benjamine Purcas, recited in the Transcript to the said Writ of Error annexed, be remitted to the Court of King's Bench, to the End the said Benjamine Purcas may have Execution of the said Judgement, as if no such Writ of Error had been brought into this Court: And their Lordships do further adjudge, That the said Peter Atkinson shall pay to the said Benjamine Purcas the Sum of Twenty Pounds for his Costs, by reason of the Delay of Execution of the said Judgement, occasioned by bringing the said Writ of Error into this Court, to be recovered by the Rules and Means of Costs taxed by the Court of King's Bench in like Cases.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 25^um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.