DIE Sabbati, 27 Januarii.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Joh'es Sommers Miles,
Ds. Custos Magni Sigilli.
|Ds. Berkeley Ber.|
Ds. Howard Eff.
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
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
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,
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
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.
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.