House of Lords Journal Volume 13
4 November 1675

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 13: 4 November 1675', Journal of the House of Lords: volume 13: 1675-1681 (1767-1830), pp. 11-12. URL: http://www.british-history.ac.uk/report.aspx?compid=11404 Date accessed: 21 August 2014.


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DIE Jovis, 4 die Novembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of York.
Arch. Eborac.
Epus. Winton.
Epus. Petriburgh.
Epus. Rochester.
Epus. Ely.
Epus. Bristol.
Epus. Bath & Wells.
Epus. Chester.
Epus. Oxon.
Epus. Landaff.
Epus. Lyncolne.
Epus. Worcester.
Dux Cumberland.
Ds. Finch, Ds. Custos Magni Sigilli.
Ds. Thesaurarius Angliæ.
Ds. Custos Privati Sigilli.
Dux Bucks.
Dux Monmouth.
Marq. de Winton.
L. Great Chamberlain of England.
Comes Marescallus Angliæ.
L. Steward.
Comes Oxon.
Comes Dorset.
Comes Sarum.
Comes Bridgwater.
Comes North'ton.
Comes Denbigh.
Comes Bristol.
Comes Bolingbrooke.
Comes Westmerland.
Comes Manchester.
Comes Berks.
Comes Mulgrave.
Comes Dover.
Comes Petriburgh.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Essex.
Comes Bath.
Comes Carlile.
Comes Craven.
Comes Shaftesbury.
Comes Powis.
Comes Guildford.
Comes Midd.
Vicecomes Mountagu.
Vicecomes Conway.
Vicecomes Halyfax.
Vicecomes Yarmouth.
Vicecomes Newport.
Ds. Morley.
Ds. Fitzwalter.
Ds. Sandys.
Ds. Wharton.
Ds. Petre.
Ds. Arundell W.
Ds. Tenham.
Ds. Lovelace.
Ds. Maynard.
Ds. Howard de Esc.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Carington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Lucas.
Ds. Bellasis.
Ds. Gerard of Brand.
Ds. Holles.
Ds. Delamer.
Ds. Townsend.
Ds. Freschevile.
Ds. Arundell de Trer.
Ds. Butler de M. Park.
Ds. Duras.
Ds. Grey de Rolleston.

PRAYERS.

Sherley versus Sir J. Fagg.

The House was adjourned into a Committee, and took up the Debate which was in a Committee of the House on Wednesday the 27th of October last.

And, after a serious Debate, the House was resumed.

And this Question was proposed, "Whether the 20th of this Instant November shall be the Day appointed for the Hearing of the Cause between Doctor Thomas Sherley and Sir John Fagg?"

Then this previous Question was put, "Whether this abovesaid Question shall be now put?"

It was Resolved in the Affirmative.

Hearing appointed.

Upon this, the Question being put, "Whether the 20th Day of this Instant November shall be the Day appointed for the Hearing of the Cause between Doctor Thomas Sherley and Sir John Fagg."

It was Resolved in the Affirmative.

"Before the putting of the said Question, Leave being demanded, and given to such Lords as thought fit, (if the same were carried in the Affirmative) to enter their Protestation and Dissent; accordingly this Protestation is entered against the said Vote, for the Reasons following:

Protest against it.

"1. Because it seems contrary to the Use and Practice of this High Court (which gives Example to all other Courts), upon a bare Petition of the Plaintiff Doctor Sherley, in a Cause depending last Session, and discontinued by Prorogation, to appoint a Day of Hearing of the Cause, before the Defendant is so much as summoned, or appears in Court, or to be alive.

"2ly, The Defendant, by the Rules of this Court, having Liberty upon Summons to make a new Answer, as Sir Jcremy Whitch'ott was admitted after Summons to do last Session in Darrell's Cause against him, discontinued by Prorogation, or to mend his Answer, or to plead as he shall see Cause, is deprived of this and other Benefits of Law, by appointing a Day of Hearing without these essential Forms.

"3ly, It appears by the Plaintiff's own shewing in his Petition, that his Case against a Purchaser is not relievable in Equity; and therefore ought to be dismissed, without putting the Parties to further Charge.

"4thly, It appears by his own shewing, and the Defendant Sir John Fagg's Plea, that he comes hither per Saltum, and ought to attend Judgement in the Inferior Courts, if his Cause be relievable; and not to appeal to the Highest Court till either Injustice is done him below, or erroneous Judgement given against him, and Relief denied him upon Review.

"5thly, The Danger of this Precedent is so universal, that it shakes all the Purchasers of England.

"Anglesey."

Sherley versus Sir J. Fagg.

Whereas Thomas Sherley Esquire hath an Appeal depending in this House, to which Sir John Fagge, a Member of the House of Commons, hath put in an Answer as Defendant:

It is Resolved, by the Lords Spiritual and Temporal in Parliament assembled, That Saturday the Twentieth Day of this Instant November shall be the Day appointed for hearing the Cause between the said Thomas Sherley and the said Sir John Fagge.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 8um diem instantis Novembris, hora decima Aurora, Dominis sic decernentibus.