DIE Jovis, 18 die Januarii.
PRAYERS, by Mr. Marshall.
Domini præsentes fuerunt:
Comes Denbigh, Speaker.
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Comes Kent. Comes Pembrooke. |
Ds. Grey. Ds. Howard. |
Caryl and Hutchins, about the Rectory of Boxford.
Upon reading the Petition of John Caryll Clerk;
shewing, "That, on the 13th of December last, he was to
be admitted and instituted unto the Rectory of Boxford, in the County of Berks, by Doctor Aylett; yet
one Edward Hutchins Clerk hath disturbed and hindered the Petitioner from being inducted into the
said Rectory, by virtue of an Order of Institution
and Induction from this House, directed to Doctor
Aylett; having obtained a Title from the Commissioners of the Great Seal of England:"
It is Ordered, That Doctor Aylett, and all others
whom it concerns, shall forbear to do any Thing in this
Business, until the Pleasure of this House be further
signified.
Order for Adjournment of the Term.
It being moved, "That, in regard of the great Businesses now in Agitation about settling the Affairs of
the Kingdom, it will be convenient to adjourn the
next Term for some small Time;" and the House
judging it necessary:
Ordered, That these Lords following shall be Committees, to draw up an Order to this Purpose, and present the same to the House, that so the Concurrence of
the House of Commons be desired:
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Comes Kent. Comes Pembrooke. Comes Denbigh. |
Ds. Grey. Ds. Howard. |
The aforesaid Lords having met, the Earl of Pembrooke reported the Order drawn up for adjourning Part
of the next Term; which was read, and considered of,
and approved; and ordered to be speedily sent to the
House of Commons, for their Concurrence.
Message to the H. C. with it.
And accordingly a Message was sent to the House of
Commons, by the Lord Chief Baron and Mr. Justice
Cresheld, to deliver the said Order to the House of
Commons, and desire their Concurrence therein.
Painter and Kent.
Ordered, That the Errors between Painter Plaintiff
and Kent Defendant, and the Errors between Smyth
Plaintiff and Davies Defendant, shall be argued, by
Counsel, at this Bar, this Day Month.
Answer from the H. C.
My Lord Chief Baron and Mr. Justice Cresheld return with this Answer from the House of Commons:
That they will send an Answer, concerning the Order
for adjourning some Part of the next Term, by Messengers of their own.
Gregory and Symonds, in Error.
The Lord Chief Baron reported, "That the Judges,
to whom the Consideration of the Errors in the Writ
of Error between Gregory Plaintiff and Symonds Defendant was referred, have heard Counsel on both
Sides; and, upon Consideration thereof, [ (fn. *) do not
find] that there is any Error in the Judgement given
in the King's Bench."
Hereupon it is Ordered, That the said Judgement
is hereby affirmed; and the Record to be transferred
into the Court of King's Bench, that so Execution may
be taken out accordingly.
Baron Trevor, Leave to be absent.
Ordered, That Baron Trevor hath Leave to be absent
from his Attendance on this House, as an Assistant, for
Fourteen Days.
Adjourn.
House adjourned till 10a cras Aurora.