House of Lords Journal Volume 12
18 February 1671

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1767-1830

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'House of Lords Journal Volume 12: 18 February 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 432-433. URL: http://www.british-history.ac.uk/report.aspx?compid=12753 Date accessed: 27 November 2014.


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DIE Sabbati, 18 die Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Eborac.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Rochester.
Epus. Bangor.
Epus. Lyncolne.
Marq. Dorchester.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Comes Kent.
Comes Bedford.
Comes Suffolke.
Comes Dorsett.
Comes Bridgwater.
Comes North'ton.
Comes Clare.
Comes Berks.
Comes Peterborough.
Comes Winchilsea.
Comes Scarsdale.
Comes Cardigan.
Comes Anglesey.
Comes Craven.
Vicecomes de Stafford.
Vicecomes Hallyfax.
Ds. Berkeley de Berkeley.
Ds. Eure.
Ds. Willoughby.
Ds. Chandos.
Ds. Arundell.
Ds. Grey.
Ds. Coventry.
Ds. Mohun.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Carrington.
Ds. Widdrington.
Ds. Colepeper.
Ds. Lucas.
Ds. Langdale.
Ds. Holles.
Ds. Delamer.
Ds. Ashley.

PRAYERS.

The Lord Chief Justice of the Court of Common Pleas sat Speaker this Day, in the Absence of the Lord Keeper.

Ly: Wortley versus Starsmore.

Upon reading the Petition of Dame Francis Wortley Widow, late Wife of Sir Francis Wortley Baronet deceased, being an Appeal for reversing a Decree made in the Exchequer Chamber, on Behalf of Edmond Starsmore Esquire, against the Petitioner:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edmond Starsmore may have a Copy of the said Petition; and he is hereby required to put in an Answer thereunto in Writing, at the Bar of this House, on Saturday the 25th Day of this Instant February, at Ten of the Clock in the Forenoon.

Walley and Cutler versus Cutler.

Upon hearing of Counsel this Day at the Bar, on both Parts, upon the Petition of Robert Walley and William Cutler Junior, and the Answer of William Cutler Senior thereunto; the said Petition being an Appeal from a Decree made in the Court of Chancery, concerning a Lease of a Conduit Head near Spittlefeilds:

After due Consideration had of what was offered thereupon, it appearing that by the said Decree it is directed, That the said Robert Walley shall seal a Counter-part of the Lease formerly made by William Cutler Senior, as the Master of the Chancery should direct, whose Report is, "That the original Lease made by William Cutler Senior did not appear to him to be lost in such Manner as he might proceed upon the Order of the Court of Chancery to prepare a new Lease and Counter-part thereof to be sealed by Robert Walley;" whereupon the said Court of Chancery ordered, That Robert Walley should stand committed, till he should sign a Counter-part of the said original Lease:

This House, being satisfied that there is a Hardship upon Robert Walley, wherein he ought to be relieved, the Lords Spiritual and Temporal in Parliament assembled, do order, adjudge, and direct, That the Court of Chancery do give absolute Order to the Master, to prepare a Lease and Counter-part, to the Effect formerly directed by the said Court to be perfected by the said Robert Walley (allowing the said original Lease to be lost); and that the Order of the Court of Chancery for the Commitment of the said Robert Walley be set aside; and that from henceforth the said Petition be dismissed.

Adjourn.

Dominus Capitalis Justiciarius de Com. Placit. declaravit præsens Parliamentum continuandum esse usque in diem Lunæ, 20um diem instantis Februarii, hora decima Aurora, Dominis sic decernentibus.