House of Lords Journal Volume 14: 24 October 1689

DIE Jovis, 24 die Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

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 Counsel accordingly.

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. 2) 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."

Adjourn.

Robertus Atkins, Miles de Balneo, Capitalis Baro de Scaccario, Orator Procerum, declaravit præsens Parliamentum continuandum esse usque in diem Veneris, videlicet, 25^um diem instantis Octobris, hora decima Aurora, Dominis sic decernentibus.