Monday, October 30, 2017

Sir Oliver Butlers Case - Journal of the House of Lords

Transcripts of the Journal of the House of Lords, volumes 13 and 14, relating to Sir Oliver Butler's Case (1680—1685)

Transcriptions on the website of British History Online at https://www.british-history.ac.uk/ were used in the preparation of material below, but HTML markup has been added.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp676-679

[19 November, 1680]

Sir Oliver Boteler versus Regem.

Upon reading the Petition of Sir Oliver Boteler; shewing,“That having brought into this Court, by Writ of Error, a Judgement given in Chancery against him, concerning a Market and Fair at Chatham, and hath assigned Errors, and that Issue is joined thereupon; and therefore praying, That a Day may be appointed to argue the same:”

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel on both Parts, the Tenth Day after that it shall be made appear to this House, that the said Oliver Boteler hath caused Notice hereof to be given to His Majesty's Attorney General and the City of Rochester, for this Purpose.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp682-685

Sir Oliver Butler versus Regem, &c.

[23 November, 1680]

Whereas there is an Appeal of Sir Oliver Boteler depending in this House, to which Sir Phillip Warwicke and others have put in their several Answers; it being prayed, by the Petition of the said Sir Oliver Boteler, that a Day of Hearing may be appointed thereupon, as that he may give Notice to the said Respondents, some of which live far out of Town:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel at the Bar, upon the said Appeal and Answers, on Wednesday the Eighth Day of December next, at Three of the Clock in the Afternoon; whereof the said Sir Oliver Boteler is to cause timely Notice to be given to the said Respondents respectively for that Purpose.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp689-691

Sir Oliver Boteler versus Regem, &c.,

[26 November, 1680]

Whereas it was this Day made appear, at the Bar, that Sir Oliver Boteler hath given Notice to the City of Rochester, and to His Majesty's Attorney General, that this House would hear Counsel, to argue the Errors upon his Writ of Error, whereby a Judgement of the Court of Chancery, for vacating His Majesty's Letters Patents concerning a Market and Fair at Chatham in Kent, is brought into this House:

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar, on both Parts, on Monday the Sixth Day of December next, at Nine of the Clock in the Forenoon; whereof the said Sir Oliver Boteler is to cause timely Notice to be given to His Majesty's Attorney General, and the City of Rochester, for that Purpose.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp700-701

[4 December, 1680]

Sir O. Boteler versus Attorney General, in Error.

Whereas this House had appointed to hear Counsel on Monday next, to argue the Errors upon Sir Oliver Boteler's Writ of Error, whereby a Judgement of the Court of Chancery, for vacating His Majesty's Letters Patents concerning a Market and Fair at Chatham in Kent, is brought into this House:

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Errors argued, by Counsel, at the Bar of this House, on Saturday the Eleventh of this Instant December, at Nine of the Clock in the Forenoon; whereof all Parties concerned are to take Notice, and attend accordingly.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp703-706

[7 December, 1680]

Sir Oliver Boteler versus Reg. m, &c. in Error.

Upon reading the Petition of Sir Oliver Boteler Baronet; shewing, “That this House having appointed to hear Counsel To-morrow, upon his Appeal from a Decree made in the Court of Chancery, to which Appeal His Majesty's Attorney General (among others) was to put in his Answer, which was not done till Yesterday; so that, by reason of the Public Business of this House, he could not have a Copy thereof timely enough to instruct his Counsel fully; and therefore that he may have a further Day assigned for that Purpose:”

It is thereupon Ordered, by the Lords in Parliament assembled, That this House will hear Counsel, at the Bar, upon the said Appeal and Answers, on Saturday the Eleventh Day of this Instant December, at Ten of the Clock in the Forenoon; whereof the said Sir Oliver Boteler is to cause timely Notice to be given to His Majesty's Attorney General, and the other Respondents, for that Purpose.


https://www.british-history.ac.uk/lords-jrnl/vol13/p712"

[11 December, 1680]

Sir O. Boteler versus Regem, &c. in Error.

This Day the House heard Counsel argue the Errors, in a Writ of Error, to reverse a Decree in the Court of Chancery, wherein Sir Oliver Boteler is Plaintiff, and the King Defendant.

And, after some Consideration thereof, it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges shall have the Transcript of the Judgement given in Chancery, which was brought into this House by Writ of Error (by Sir Oliver Boteler), for vacating Letters Patents, concerning a Market and Fair at Chatham, in Kent, to consider thereof, to the End they may come prepared to deliver their Opinion concerning the same, in this House, on Thursday Morning next.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp717-719

[16 December, 1680]

Hearing of Causes put off.

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, in regard of the Public Business now before this House, the Hearing of all Private Causes between Party and Party be, and are hereby, put off till after Christmas Holydays; and then they are to come on in the same Course as they now stand.


https://www.british-history.ac.uk/lords-jrnl/vol13/pp751-753

[24 March, 1681]

Sir Ol. Boteler versus Regem, in Error.

Upon reading the Petition of Sir Oliver Boteler, praying Judgement upon his Writ of Error depending in this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges shall deliver their Opinions in this House, upon the said Writ of Error, so soon as they come from the Circuit, at which Time their Lordships will give Judgement thereon.


https://www.british-history.ac.uk/lords-jrnl/vol14/pp59-63

[26 June, 1685]

Sir O. Boteler versus Regem, in Error.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do deliver their Opinions in Sir Oliver Boteler's Cause, referred to them, To-morrow Morning.


https://www.british-history.ac.uk/lords-jrnl/vol14/pp63-66

Sir O. Butler versus Regem, &c.

[27 June, 1685]

Ordered, That the Judges do deliver their Opinions in Sir Oliver Butler's Case on Monday next, at Ten of the Clock in the Forenoon.


https://www.british-history.ac.uk/lords-jrnl/vol14/pp66-68

[29 June, 1685]

Sir O. Butler versus Regem, &c.

This Day the House heard the Judges, videlicet, Justice Walcot, Justice Holloway, Justice Withens, Justice Leventz, Justice Charlton, and Baron Gregory, deliver their particular Opinions severally, in the Case of the Writ of Error brought into this House by Sir Oliver Butler, against a Judgement given upon a Scire facias brought by the King, to reverse his Patent for making the Town of Chatham a Market Town: And their several Opinions were, “That the Judgement given in Chancery in this Case is well given, and is according to Law.”

Whereupon the House made the Judgement ensuing: Judgement affirmed.

“Upon hearing Counsel at the Bar, to argue the Errors assigned by Sir Oliver Butler Baronet, upon a Writ of Error depending in this House, wherein the King's Majesty is made Defendant, for reversing a Judgement given in the Court of Chancery in Hillary Terme, in the One and Thirtieth and Two and Thirtieth Years of the Reign of our late Sovereign Lord King Charles the Second, of Blessed Memory, for vacating of certain Letters Patent, dated the Seventh Day of March, in the One and Thirtieth Year of our said late Sovereign the King, granting a Market Weekly, and a Fair Yearly, to the said Sir Oliver Butler, to be kept in the Town of Chatham: After due Consideration had of what was offered by Counsel on either Part, it is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Judgement given on His Majesty's Behalf in the Chancery, against the said Sir Oliver Butler, be, and is hereby, affirmed.”


[Judgment as reported by Sir Creswell Levinz, on Google Books: 3 Lev. 220

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