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.