DIE Jovis, 16 die Martii.
Domini tam Spirituales quam Temporales præsentes
|His Royal Highness the Duke of Yorke.
Epus. St. Asaph.
|Sir Orlando Bridgman, Miles et Bar. Ds. CustosMagniSigilli.
Jacobus Comes Brecknock, Senescallus Hospitii Domini Regis.
Edwardus Comes Manchester, Camerarius Hospitii Domini Regis.
Vicecomes de Stafford.
|Ds. Arlington, One of the Principal Secretaries of State.
Ds. Howard de Esc.
Ds. Howard de Castle Rysing.
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
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:
The Order, as it is now perfected, follows:
"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.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem Veneris, 17um
diem instantis Martii, hora decima Aurora, Dominis
Hitherto examined by us, 1° Maii, 1671,