House of Lords Journal Volume 10: 5 December 1648

DIE Martis, 5 die Decembris.

PRAYERS, by Dr. Temple.

Domini præsentes fuerunt:

Comes Manchester, Speaker.

Shadwell and Toll.

Ordered, That the Cause between Shadwell and Toll shall be heard on Tuesday next.

Progers, a Pass.

Ordered, That Mr. Progers shall have a Pass, to go back to the Prince.

Roberts and Winter, in Error.

Upon hearing the Counsel argue the Errors, in the Writ of Error between Roberts Plaintiff, and Winter Defendant; it (fn. 1) appearing to be a Common Error:

It is Ordered, That the Judgement given in the King's Bench is hereby confirmed; and that the Record be transmitted into the Court of King's Bench, that so Execution may be taken out accordingly: And the Plaintiff to pay to the Defendant Twenty Nobles Cost.

Prideaux and Maypole, D°.

This Day being appointed to hear the Errors argued in the Writ of Error between Prideaux Plaintiff, and Maypoole Defendant:

Upon Affidavit made at this Bar, "That the Plaintiff's Attorney was served with the Order of this House, yet no Counsel appeared;" the House proceeded to hear the Defendant's Counsel.

And it appearing that there is no Error in the Judgement: It is Ordered, That the said Judgement is hereby affirmed; and the Record to be transmitted into the King's Bench, that so Execution may be taken out; and that the Plaintiff in this Writ of Error shall pay for his Costs in this Business Twenty Nobles.

The King's Answers to the Propositions, a Ground for the Settlement of Peace.

Next, the House was adjourned into a Committee during Pleasure, to consider of the King's Concessions; and to report to the House what they think thereupon.

The House being resumed:

It was reported, "That, upon Perusal of the King's Concessions, many of them being in Terminis, others in such Manner as that the Committee have thought fit to offer this Vote to their Lordships:"

Which being read, it was Resolved in the Affirmative, nemine contradicente.

"Resolved, That the Answers of the King to the Propositions of both Houses are a Ground for the Houses to proceed upon, for the Settlement of the Peace of the Kingdom."

Swetenham and Baltimore, in Error.

The Errors between Swetenham Plaintiff, and Baltimore Defendant, were argued, by Counsel for the Defendant; the Plaintiff nor his (fn. 2) Counsel appeared, being served with the Order, of which Affidavit was made at this Bar.

And it appearing that there was no Ground for any Error in the Judgement: It is Ordered, That the Judgement given in the King's (fn. 3) Bench is hereby affirmed; and the Record to be transmitted into the King's Bench, that so Execution may be taken out; and that the Plaintiff pay to the Defendant Ten Pounds Costs.

Oliver and Whiteford, in Error.

This Day being appointed for hearing the Errors, in the Writ argued by the Counsel of Oliver Plaintiff, and Whitford Defendant:

But it appearing upon Oath at this Bar, "That the Plaintiff's Attorney was served with the Order for hearing this Day;" and not (fn. 4) appearing with Counsel, the House proceeded to hear the Counsel of the Defendant:

And there being no Ground of any Error in the Judgement: It is Ordered, That this House affirms the Judgement given in the King's (fn. 5) Bench; and the Plaintiff to pay Twenty Nobles Costs to the Defendant.

E. I. Co. and Andrews.

Ordered, That the East India Company hath Leave until To-morrow, to shew Cause to the Business concerning Alderman Andrewes and others.

Glyde and Spragge.

It appearing that there was no Issue joined in the Writ of Error between Glyde Plaintiff and Sprage Defendant: It is Ordered, That the Defendant hath Leave to join Issue, and to mend the Record.

Adjourn.

House adjourned till 10^a cras.