DIE Lunæ, 30 Novembris.
Domini tam Spirituales quam Temporales præsentes
Epus. St. David's.
Epus. Bath & Wells.
Ds. Magnus Camerarius.
|Ds. Willoughby Er.
Ds. Dela Ware.
Ds. Berkeley Ber.
Ds. Howard Eff.
Ds. Grey Wer.
Ds. Berkeley Str.
Pote versus Raw.
Upon reading the Petition and Appeal of Thomas
Pote Gentleman, from a Decree made by the Lords
Commissioners of the Great Seal of England, the Four
and Twentieth Day of November, One Thousand Six
Hundred Ninety-one, on the Behalf of Elizabeth Pote
and John Raw; and praying the Reversal of the said
Decree, and the Petitioner admitted to take out Execution at Law upon his Verdict:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Elizabeth
Pote and John Raw may have a Copy of the said Petition and Appeal; and be, and are hereby, required to
put in their Answer or respective Answers thereunto, on
Monday the Fourteenth Day of December next, at Ten
of the Clock in the Forenoon; whereof the Petitioner
is to cause Notice to be given to the Defendants, to the
End they answer accordingly.
Shephard versus Wilkins.
Upon reading the Petition and Appeal of Samuell
Shepheard, complaining of a Decretal Order made in
the Court of Chancery, on the Behalf of Michael
Wilkins and others, whereby a new Trial should be had
at the King's Bench Bar, next Term, in Midd'x, and a
new Action to be brought in the Name of Wilkins on
that single Point, "Whether the Freight was to be Three
Pounds or Ten Pounds per Ton, and how much;" and
praying the Reversal of the said Decretal Order:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Michael
Wilkins and others may have a Copy of the said Petition; and be, and are hereby, required to put in their
Answer or respective Answers thereunto, in Writing,
on Monday the Fourteenth Day of December, at Ten
of the Clock in the Forenoon; whereof the Petitioner
is to cause Notice to be given to the Defendant, to the
End he answer accordingly.
Parker versus Thornhill.
After hearing Counsel this Day, at the Bar, upon
the Petition and Appeal of Dame Sarah Parker, and
the Answer of Jeremiah Thornhill put in thereunto:
It is ORDERED, That the Judges shall be heard, to
give their Opinions upon this Question, "Whether the
Words of the Will make an Estate Tail?" on Wednesday next, at Ten of the Clock in the Forenoon.
Regulating Trials for Treason, Bill.
Whereas To-morrow was appointed for the House
to be put into a Committee, to proceed on the Bill,
intituled, "An Act for regulating of Trials in Cases
of Treason," and all the Judges then to attend:
It is this Day ORDERED, That the House shall be
put into a Committee, to proceed on the said Bill, and
the Judges to attend, on Wednesday next, at Twelve of
Dod versus Burrowes.
Whereas this Day was appointed for Anne Dod and
others to answer to the Petition of Thomas Burrowes;
the House being this Day moved, "That some Time
longer may be allowed for answering thereunto:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Anne Dod
and others have hereby Time given them for answering
thereunto, until Saturday the Fifth Day of December
next, at Ten of the Clock in the Forenoon.
Albyn versus Moyer.
The House being moved, "That a Day certain may
be appointed for hearing the Cause, wherein Benjamine Albin is Plaintiff, and Sam'll Moyer Defendant:"
It is ORDERED, That the House will hear the said
Cause, by Counsel on both Sides, at the Bar, on
Monday the Fourteenth Day of December next, at
Ten of the Clock in the Forenoon.
Browne versus Wayte.
Whereas, by virtue of Their Majesties Writ of
Error returnable into the House of Peers in Parliament assembled, a Record of the Court of King's Bench
was brought into this House on the Two and Twentieth Day of October last, with the Transcript thereof,
wherein Judgement is entered for Edmond Wayte Defendant in that Suit, against Richard Browne the Plaintiff
in that Suit; and the same Judgement is also therein
mentioned to have been also affirmed in the Court of
Exchequer, before the Justices of the Court of Common Pleas and the Barons of the Exchequer, upon a
Writ of Error brought by the said Richard Browne,
whereunto Ayliffe Wayte, Executor of the last Will and
Testament of the said Edmond Wayte, had appeared,
and pleaded in nullo est Errat.; upon both which, Errors were assigned by the said Richard Browne, and
Issue joined thereupon by the said Ayliffe Wayte before
the House of Peers in Parliament assembled, and Counsel heard on the Five and Twentieth Day of this Instant
November, to argue the Errors assigned:
After due Consideration had of what was offered by
the Counsel on either Side thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given for the said Edmond Wayte, against the said
Richard Browne, in the said Court of King's Bench,
and also the said Judgement and Affirmation in the
Exchequer Chamber, shall be, and are hereby, affirmed;
and that the Transcript of the said Record, wherein
Judgement is entered as aforesaid, be remitted.
The Tenor of which Judgement, to be affixed to the
Transcript of the said Judgement followeth:
"Et postea, scilicet, 22° Die Octobris, Anno
Regni Domini Guliel. & Dominæ Mar. nunc Regis &
Reginæ Angl. &c. Tertio, Transcript. Record. &
Process. prædict. inter Partes præd. cum omnibus
ea tangentibus, Prætextu cujusdam Brevis de Errore
corrigend. per præfat. Ric'um Browne in Præmiss.
prosecut. dict. Domino Regiæ & Dominæ Reginæ, in
præsent. Parliamento a prædict. Curia dicti Domini
Regis & Dominæ Reginæ, coram ipsis Rege & Regina, hic transmiss. suit; et prædict. Ric'us Browne,
in eadem Cur. Parliament. comparens, diversas Caus.
& Mater. pro Erroribus in Recordo et Process. prædict. pro Revocatione & Adnullatione Judicii prædict.
nec non Affirmatione ejusdem Judicii in prædict.
Cur. Camer. Scaccarii præd. assignat.; et postea,
scilicet, Tricesimo Die Novembris, Anno Regni dict.
Domini Regis & Dominæ Reginæ supradict. in prædict. Cur. Parliament. prædict. visis & per Cur. ibidem diligenter examinat. & plenius intellect. tam Record. & Process. prædict. ac Judic. super eisdem reddit.
et Affirmatione ejusdem Judicii in prædict. Cur.
Camer. Scaccarii prædict. quam prædict. Error. superius
assignat. pro eo quod videtur Cur. Parliament. prædict.
quod Record. ill. in nullo vitiosum aut defectivum
existit, & quod in Record. ill. in nullo fuit Errat. ideo
ad tunc & ibidem considerat. est per eandem Cur. Parliament. prædict. quod Judic. prædict. nec non Affirmatio ejusdem Judicii prædict. in prædict. Camer.
Scaccarii in omnibus affirmentur, & in omni su. Robore
stent et Effectu, dict. Caus. pro Error. assign. in aliquo
Rob'tus Atkyns, Miles de Balneo, Capitalis Baro de
Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Martis, (videlicet,) 1um diem Decembris, hora decima Aurora, Dominis sic decernentibus.