DIE Jovis, 24 die Octobris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Marq. Halyfax, Custos Privati Sigilli.
Dux Norfolk, et Comes Marescallus.
Ds. Grey de R.
Dodd versus Dawson.
Upon reading the Petition and Appeal of Tymothy
Dodd, from a Decree in the Court of Chancery, made
the Sixth Day of July, 1689, in a Cause wherein the
said Tymothy Dodd and others are Defendants, at the
Suit of William Dawson Esquire Complainant, complaining of a Decree made by the Lords Commissioners
of the Great Seal of England; and praying Relief
therein; and that the Proceedings thereupon for enforcing the Delivery up of the Bond, and acknowledging Satisfaction of the Judgement in the Decree mentioned, may be stayed:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William
Dawson may have a Copy of the said Appeal; and be,
and is hereby, required to put in his Answer thereunto
in Writing, on Monday the Fourth of November next,
at Ten of the Clock in the Forenoon; whereof the said
Tymothy Dodd is to cause timely Notice to be given to
the said William Dawson, to the End he answer accordingly.
Beaple versus Gay.
Upon reading the Petition of Thomas Beaple Gentleman, Devisee of Richard Gay, complaining of a Decree
made by the Lords Commissioners of the Great Seal,
against a Decree of the Lord Keeper Northe's, and the
Redemption decreed to Martha Gay, and other Things
in the Petition set forth; and praying, that the said
Martha Gay may put in her Answer thereunto:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Martha Gay
may have a Copy of the said Appeal; and is hereby
required to put in her Answer thereunto in Writing, on
Saturday the Second of November next, at Ten of the
Clock in the Forenoon; whereof the said Thomas Beaple
is to cause timely Notice to be given to the said Martha
Gay, to the End she answer accordingly.
Malden & al. versus Belbin.
Upon reading the Petition of John Malden, William
Freeman, and others, Respondents; praying a Day may
be appointed for hearing their Cause depending in this
House, to which Nicholas Belbin is Defendant:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will
hear the said Cause, by Counsel on both Sides, at the
Bar, on Wednesday the Sixth Day of November next, at
Ten of the Clock in the Forenoon; whereof the said
John Malden, William Freeman, and others, Defendants,
are to cause Notice to be given to the said Nicholas
Belbin and others, to the End they attend with their
Tunstall versus Smith, in Error.
Whereas, by virtue of Their Majesties Writ of
Error, returnable into the House of Peers, a Record of
the Court of King's Bench was brought into this House
the 19th Day of June, 1689, with the Transcript thereof,
wherein Judgement is entered against Barnabas Tunstall,
for Thomas Smith; upon which Writ, Errors being
assigned, and Issue joined: After hearing Counsel this
Day at the Bar, to argue the said Errors, and due Consideration had of what was offered thereupon; the Lords
Spiritual and Temporal in Parliament assembled do
order and adjudge. That the Judgement given in the
Court of King's Bench, against the said Barnabas Tunstall, for the said Thomas Smith, be, and is hereby,
affirmed; and that the said Writ of Error and Transcript
annexed be remitted to the Court of King's Bench.
The Tenor of which Judgement, to be affixed to
the Transcript to be remitted, followeth:
"Postea, scilicet, 19° Die Junii, Anno Regni Domini Guliel. et Dominæ Mariæ, nunc Regis et Reginæ
Angliæ, &c. Primo, Transcript. Record. et Process.
præd. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Errore corrigend. per præfat.
Barnabam Tunstall in Præmiss. prosecut. dicto Domino
Regi et Dominæ Reginæ in presenti Parliamento, a
præd. Curia dicti Domini Regis et Dominæ Reginæ
(fn. *) huic transmiss. fuit; præd. Barnab. Tunstall, in eadem
Curia Parliamenti comparens, diversas Causas et Materias pro Erroribus in Record. et Process. præd. pro
Revocatione et Adnullatione Judicii præd. assignavit;
et postea, scilicet, 24° Die Octobris, Anno dicto Domini Regis et Dominæ Reginæ supradict. in prædict.
Curia Parliamenti præd. visis et per Curiam ibidem
diligenter examinat. et plenius intellect. tam Record.
et Process. præd. ac Judicio super eisdem reddit.
quam præd. Erroribus superius assignat. pro eo quod
videtur Cur. Parliamenti præd. quod Record. ill. in
nullo vitiosum ant defectivum existit, et quod in Recordo ill. in nullo est Errat. ideo ad tunc et ibidem
consideratum est per eandem Curiam Parliamenti
præd. quod Judic. præd. in omnibus affirmetur, et in
omni suo Robore stet et Effectu."
Robertus Atkins, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 25um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.