DIE Mercurii, 15 die Martii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. St. Asaph.
Sir Orlando Bridgman, Mil. et Bar. Ds. Custos Magni Sigilli.
Robertus Comes Lyndsey, Magnus Camerarius Angliæ.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Howard de Esc.
Ds. Howard de Castle Rysing.
Arundel House Bill.
The Earl of Dover reported, "That the Committee
have considered the Bill for giving Power to the
Guardians of the Duke of Norff. to make Leases for
Years of Arundell House, &c. and have made divers
Which, being read Twice, were Agreed to; and the
Bill ordered to be engrossed, with the said Amendments.
Bill against stealing Children, &c.
ORDERED, That the Bill against taking up of Children is re-committed; and the Lord Powis and the Lord
Hatton are added to the said Committee.
Paris Garden Bill.
ORDERED, That the Bill for making the Manor of
Paris Garden a Parish, &c. be reported To-morrow
Sir A. Hacket's Bill.
ORDERED, That Sir Andrew Hackett's Bill be read
the Third Time To-morrow Morning.
Bill to unite Ross Vicarage and Parsonage.
ORDERED, That the Bill for uniting the Vicarage of
Ross be re-committed; and the Committee is appointed
to meet on Friday Morning next, at Nine of the Clock.
ORDERED, That those Causes as were appointed to
be heard this Day, and remain undispatched, shall be
proceeded in To-morrow Morning.
Cusack versus Usher, in Error: Judgement affirmed.
Whereas, by virtue of His Majesty's Writ of Error,
returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench in
England was brought into this House on the Eighth
Day of February last (with the Transcript thereof),
wherein the affirming of a Judgement given in the
Court of King's Bench in the Kingdom of Ireland, for
William Usher, against John Cusack and Robert Hussey, is
Upon hearing of Counsel on both Parts at the Bar,
to argue the Errors assigned by the said John Cusack
Usher, after due Consideration had of
what was offered on either Part thereupon, the Lords
Spiritual and Temporal in Parliament assembled do
order and adjudge, That the said Judgement of the
Court of King's Bench in England, for affirming the
Judgement of the Court of King's Bench in Ireland,
for the said William Usher, against the said John Cusack
and Robert Hussey, be, and is hereby, affirmed; and
that the said Transcript of the said Record, wherein
the Judgement of the Court of King's Bench in Ireland
is affirmed as aforesaid, be remitted; and that the said
William Usher may thereupon proceed as if no such
Writ of Error had been brought into this House.
The Tenor of which Judgement, to be affixed to the
Transcript to be remitted, follows; videlicet,
"Postea, scilicet, Octavo Die Februarii, Anno dicti
Domini Regis Vicesimo Tertio, Transcript. Record. æ
Processus prædict. inter Partes prædictas, cum omnibus
ea tangentibus, Prætextu cujusdam Brevis de Errore
corrigend. per prædictos Johannem Cusack & Robertum
Hussey in Præmissis prosecut. dicto Domino Regi in præsenti Parliamento, a prædictâ Curiâ dicti Domini Regis,
hic transmissum suit; prædictique Johannes Cusack æ
Robertus Hussey, in eadem Curiâ Parliamenti comparentes, diversas Materias pro Errore in Recordo et
Processu prædictis, pro Revocatione & Adnullatione
Judicii prædicti, assignaverunt; ad quas prædict.
Willielmus Usher, in eadem Curiâ Parliamenti prædict.
comparens, placitavit, quod nec in Recordo & Processu
prædictis nec in Redditione Judicii prædicti in ullo
fuit Erratum; & postea, scilicet, Decimo Quinto Die
Martii, Anno dicti Domini Regis nunc Vicesimo
Tertio supradicto, in prædictâ Curiâ Parliamenti
prædicti, visis & per Curiam ibidem diligenter examinatis & plenius intellectis tam Recordo & Processu
prædict. ac Judicio super iisdem reddit. quam prædictis Causis pro Erroribus superius assignatis & allegatis, pro eo quod videtur Curiæ Parliamenti prædicti
quod Recordum illud in nullo vitiosum aut defectivum existit, ac quod in Recordo illo in nullo fuit Erratum, ideo ad tunc & ibidem consideratum est per
eandum Curiam Parliamenti prædicti quod Judicium
prædictum in omnibus affirmetur, & in omni suo Robore stet & Effectu (dictis Causis pro Erroribus superius
assignatis & allegatis in aliquo non obstantibus); æ
quod prædictus Willielmus Usher in Curiâ dicti Domini
Regis coram ipso Rege habeat inde Executionem
suam versus præfatos Johannem Cusack & Robertum
Hussey, juxta Formam & Effectum Judicii prædicti; ac
superinde Record. & Processus prædict. Curiæ dicti
Domini Regis per Curiam Parliamenti prædicti coram
dicto Domino Rege ubicunque, &c. remittentur; æ
in eadem Curiâ dicti Domini Regis coram ipso Rege
jam resident. &c."
Cusack's Judgement, in the Cause between him and L. Dungannon and Boulton, suspended.
The Earl of Dorsett reported, "That the Committee for Petitions have considered the Petition of John
Cusack; but cannot determine whether it come regularly before this House, because they know not
whether any Appeal lies from the Court of Claims
to the Chancery in Ireland; therefore humbly offers
as an Expedient, That this House would order some
of the Judges of Ireland to certify whether an Appeal lies from the said Court of Claims to the Chancery of Ireland."
Upon this, the said Petition of John Cusack was read.
And, after Debate thereupon,
The Question being put, "Whether it shall be
ordered, That the Execution of the Judgement against the said John Cusack shall be
It was Resolved in the Affirmative.
Protest against it.
Memorandum, Before the putting the abovesaid Question, these Lords following desired Leave to enter their
Dissents, if the Question was carried in the Affirmative;
and accordingly they do enter their Dissents, by subscribing their Names:
the Defendants were
never yet summoned
nor heard, and are
not Parties to the
Judgement; and for
many other Reasons,
very obvious, as I
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Jovis, 16um
diem instantis Martii, hora decima Aurora, Dominis sic