House of Lords Journal Volume 12
16 March 1671

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 12: 16 March 1671', Journal of the House of Lords: volume 12: 1666-1675 (1767-1830), pp. 459. URL: http://british-history.ac.uk/report.aspx?compid=12772 Date accessed: 26 November 2014.


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DIE Jovis, 16 die Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

His Royal Highness the Duke of Yorke.
Arch. Cant.
Arch. Eborac.
Epus. London.
Epus. Winton.
Epus. Ely.
Epus. Sarum.
Epus. Petriburgh.
Epus. Carlile.
Epus. Oxon.
Epus. Rochester.
Epus. Bangor.
Epus. Lyncolne.
Epus. Chester.
Epus. St. Asaph.
Sir Orlando Bridgman, Miles et Bar. Ds. CustosMagniSigilli.
Dux Richmond.
Marq. Worcester.
Marq. Dorchester.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Comes Derby.
Comes Suffolk.
Comes Dorsett.
Comes Bridgwater.
Comes Clare.
Comes Berks.
Comes Rivers.
Comes Petriburgh.
Comes Winchilsea.
Comes Strafford.
Comes Scarsdale.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Anglesey.
Comes Craven.
Comes Aylisbury.
Comes Burlington.
Vicecomes Mountagu.
Vicecomes de Stafford.
Vicecomes Fauconberg.
Vicecomes Mordant.
Vicecomes Hallyfax.
Ds. Arlington, One of the Principal Secretaries of State.
Ds. Awdley.
Ds. Sandys.
Ds. Eure.
Ds. Wharton.
Ds. Willoughby.
Ds. Chandos.
Ds. Petre.
Ds. Arundell.
Ds. Grey.
Ds. Coventry.
Ds. Howard de Esc.
Ds. Powis.
Ds. Newport.
Ds. Hatton.
Ds. Byron.
Ds. Widdrington.
Ds. Ward.
Ds. Lucas.
Ds. Bellasis.
Ds. Holles.
Ds. Cornwallis.
Ds. Delamer.
Ds. Townsend.
Ds. Ashley.
Ds. Crewe.
Ds. Howard de Castle Rysing.

PRAYERS.

Booth's Bill.

A Message was brought from the House of Commons, by Mr. Grey and others:

To return the Bill to enable Henry Booth Esquire to levy Fines, and suffer Recoveries; to which the Commons have agreed, without any Amendments.

ORDERED, That Oldisworth's Petition be read To-morrow Morning.

L. Dunganon to have Notice of Cusack's Pet.

This Day the Draught of the Order directed Yesterday, in the Cause upon the Petition of John Cusack against the Lord Dunganon and Nicholas Boulton, was read, to be perfected; having some Blanks to be filled up.

And, after Consideration thereof,

The Question being put, "Whether the Lord Dunganon, &c. shall have a Month's Time after Notice given them, to answer the Petition?"

It was Resolved in the Affirmative.

Judgement against Cusack to be suspended.

The Question being put, "Whether the Execucution of the Judgement shall be suspended for Two Months from this Day?"

It was Resolved in the Affirmative.

Protest against it.

Memorandum, That, before the putting of the above said Question for suspending the Execution of the Judgement for Two Months from this Day, these Lords following desired Leave to enter their Dissent, if it were carried in the Affirmative; and accordingly do enter their Dissent, by subscribing their Names:

"Brecknock.
Anglesey.
J. Bridgewater.
Stafford."

The Order, as it is now perfected, follows:

The Order.

"Upon Report made by the Earl of Dorsett, from the Lords Committees appointed to receive and consider of Petitions, concerning the Petition of John Cusack Gentleman, Son and Heir to Bartholmewe Cusack Gentleman, deceased, being an Appeal from a Decree made by the Court of Claims in the Kingdom of Ireland, concerning certain Lands and Tenements in the County of Meath, in the Kingdom of Ireland, assigned by the said Bartholmew Cusack to one Sir Edward Bolton, in the Year One Thousand Six Hundred Fifty and One, to avoid the Trouble of those Times, by Deeds dated in One Thousand Six Hundred Thirty and Eight; which Lands and Tenements are since conveyed, by Nicholas Bolton, Son and Heir of the said Sir Edward Bolton, to Marcus late Lord Viscount Dunganon, in the Kingdom of Ireland, who, setting up a Title to the said Lands and Estate, as belonging to the Commissioned Officers who served His Majesty in the Wars in Ireland before the Year One Thousand Six Hundred Forty-nine, hath by the Combination of the said Nicholas Bolton (as in the Petition is alledged), recovered the said Lands and Tenements by Decree of the said Court of Claims, notwithstanding that the said Lands and Tements were assigned to the said Sir Edward Bolton only in Trust for the said Bartholmew Cusack, whose Son John Cusack (the Petitioner) is yet in Possession thereof; but, by an Action of Ejectment brought by the said Viscount Dunganon in the Court of King's Bench in Ireland, making Title by virtue of the aforesaid Decree (to which the Petitioner was no Party), the said Viscount Dunganon obtained a Judgement for the Recovery of the said Lands and Tenements: Which Petition being read and considered of by this House, it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas Bolton, and the now Viscount Dunganon by his Guardian, may have a Copy of the said Petition and Appeal; and they are hereby required to put in an Answer in Writing thereunto, at the Bar of this House, within One Month next after Notice given of this Order to the said Nicholas Bolton and the Guardian of the now Viscount Dunganon: And it is further ORDERED, That the Execucution to be had upon the said Judgement in the Court of King's Bench in Ireland, in the Name of William Usher, on the Behalf of the said Viscount Dunganon, against the Petitioner John Cusack, and Robert Hussey, be suspended for Two Months from this Day."

ORDERED, That the Act to prevent the Growth of Popery shall be read To-morrow Morning, the First Business.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 17um diem instantis Martii, hora decima Aurora, Dominis sic decernentibus.

Hitherto examined by us, 1° Maii, 1671,

Derby.
Dorsett.
Dover.
Anglesey.
Stafford.
Edv. Carliol.
Joh. Roffen.
Geo. Eure.
Holles.