House of Lords Journal Volume 15
27 January 1694

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 15: 27 January 1694', Journal of the House of Lords: volume 15: 1691-1696 (1767-1830), pp. 353-354. URL: http://www.british-history.ac.uk/report.aspx?compid=11996 Date accessed: 29 November 2014.


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DIE Sabbati, 27 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. London.
Epus. St. David's.
Epus. Sarum.
Epus. Worcester.
Epus. Ely.
Epus. Norwich.
Epus. Peterburgh.
Epus. Gloucester.
Epus. Lincolne.
Dux Cumberland.
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
Dux Somersett.
Dux Richmond.
Dux Bolton.
Dux Sconbergh.
March. Halifax.
Ds. Senescallus.
Comes Oxon.
Comes Kent.
Comes Huntingdon.
Comes Bridgewater.
Comes Mulgrave.
Comes Stamford.
Comes Carnarvan.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Craven.
Comes Feversham.
Comes Maclesfeld.
Comes Nottingham.
Comes Rochester.
Comes Montagu.
Comes Marleborough.
Comes Scarbrough.
Viscount Newport.
Viscount Weymouth.
Viscount Longueville.
Ds. Berkeley Ber.
Ds. Morley.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Lovelace.
Ds. Vaughan.
Ds. Culpeper.
Ds. Clifford.
Ds. Lucas.
Ds. Granville.
Ds. Cornwallis.
Ds. Carteret.
Ds. Godolphin.
Ds. Cholmondeley.
Ds. Ashburnham.

PRAYERS.

Edwards' Bill.

Holdie 1a vice lecta est Billa, intituled, "An Act to enable Thomas Edwards to sell Part of his Estate, for the Payment of Debts; and to restrain and disable him to commit Waste upon the Residue of the said Estate."

Tonstall versus Oxenbregg.

Upon reading the Petition and Appeal of Barnabas Tonstall Esquire, from a Dismission made in Chancery, the Fifteenth Day of May, One Thousand Six Hundred Eighty-five, made in a Cause wherein the Petitioner was Plaintiff, against Robert Oxenbregg Esquire and others Defendants; and praying Relief in the Premises:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Oxenbregg and others, defendants in Chancery, may have a Copy of the said Petition and Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the Sixth Day of February next, at Ten of the Clock in the Forenoon.

E. of Sandwich's Coach, &c. detained:

Upon Oath made, at the Bar of this House, "That Benjamine Wallbrooke doth detain the Coach and Horses of the Right Honourable the Earl of Sandwich, a Peer of this Realm, contrary to the Privilege of Parliament:"

Wallbrooke to be attached, and the Coach restored.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Serjeant at Arms attending this House do forthwith attach the Body of the said Benjamine Wallbrooke, and bring him in safe Custody to the Bar of this House, to answer for his Offence: And it is further ORDERED, That the Coach and Horses shall be immediately delivered to the Earl of Sandwich, or his Servants; and this shall be a sufficient Warrant on that Behalf.

To the Serjeant at Arms attending this House, his Deputy and Deputies, and every of them, and to all Mayors, Sheriffs, Bailiffs, Constables, and other Their Majesties Officers, to be aiding and assisting in the Execution hereof.

Sir R. Dutton versus Howell, in Error.

Whereas, by virtue of Their Majesties Writ of Error returnable in Parliament, a Record of the Court of King's Bench, and the Affirmance thereof in the Exchequer Chamber, was brought into this House the Eighth Day of this Instant January, wherein Judgement was entered for Richard Howell and others, Defendants in the Writ of Error, against Sir Richard Dutton:

After hearing Counsel on either Side to argue the Errors thereupon assigned, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament asembled, That the said Record of the Court of King's Bench shall be, and is hereby, remitted; and that the Judgement therein given for the said Richard Howell and others shall be, and is hereby, reversed.

The Tenor of which Judgement, to be affixed to the Record, is as followeth; (videlicet,)

"Et postea, scilicet, Vicesimo Septimo Die Januarii, Anno Regni dictorum Domini Regis & Dominæ Reginæ nunc Quinto supradicto, in prædicta Curia Parliamenti, visis & per Curiam ibidem diligenter examinatis & plenius intellectis Recordo & Processu tam prim. Judic. prædict. quam Adjudication. Execution. superinde, quam prædictis Causis & Mater. superius per præd. Ric'um Dutton pro Error. assign. & allegat. pro eo quod videtur Curiæ Parliamenti prædicti quod in Recordo & Processu tam Reddition. Judicii præd. quam Adjudication. Execution. superinde, manifeste est Errat.; considerat. est quod tam prim. Judic. præd. quam Adjudicatio Execution. superinde, nec non Affirmatio eorundem, in Cur. Camer. Scaccarii, ob Error. ill. & al. in Record. & Process. præd. existen. revocentur, adnullentur, & penitus pro nullo habeantur; & quod præd. Ric'us Dutton ad omnia quæ ipse Occasione Judicii præd. & Adjudication. Execution. præd. amisit restituatur, &c. Et superinde Record. & Process. prædict. Cur. dictor. Domini Regis & Dominæ Reginæ nunc, coram ipsis Rege & Regina, ubicunque &c. remittuntur, &c."

Mason versus Rowland, in Error.

Whereas this Day was appointed for hearing the Errors argued, upon the Writ of Error wherein Antheny Mason is Plaintiff, and Edward Rowland and others Defendants:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon on Wednesday the One and Thirtieth Day of this Instant January, at Ten of the Clock in the Forenoon, the First Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, (videlicet,) 29um diem instantis Januarii, hora decima Aurora, Dominis sic decernentibus.