House of Lords Journal Volume 17: 14 October 1704

DIE Martis, 14 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Buck versus Rawlinson & al.

Upon reading the Petition and Appeal of Robert Buck, from Two Orders of Dismission made in the Court of Chancery, the Fifteenth of June One Thousand Seven Hundred and Three, and the Two and Twentieth of May last, on the Behalf of Sir Thomas Rawlinson, and others, Partners in the Ship called The Royal James and Mary; and praying "the Reversal of the said Orders; and that Sir Thomas Rawlinson and Partners may Answer thereunto; and, in the mean Time, all Proceedings in the Court of Chancery be stayed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Thomas Rawlinson and Partners may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the Four and Twentieth Day of this Instant November, at Eleven a Clock; and that, in the mean Time, all Proceedings in the Court below be stayed.

Mac Mahon versus Hamilton.

Upon reading the Petition and Appeal of Collo MacMahon, from a Decree and several Orders made in the Court of Chancery of the Exchequer in Ireland, the Second Day of June One Thousand Seven Hundred and Four, on the Behalf of Thomas Hamilton and William Armstrong, upon hearing a special Report; and praying "a Reversal of the said Decree and Orders, and all other Proceedings thereupon; and that the said Thomas Hamilton and William Armstrong may answer thereunto:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Hamilton and william Armstrong may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Tuesday the Six and Twentieth Day of December next, at Eleven a Clock.

Jones versus James.

Upon reading the Petition and Appeal of William Jones, from a Decree made in the Court of Chancery, for Affirmation of a Will made by Morgan Jones, and granting a perpetual Injunction against trying the Validity of the said Will, which Decree and Injunction was made in Favour of Nicholas James; and praying "the Reversal of the said Decree; or at least that the Petitioner may have the Liberty of trying the Validity of the said Will at Common Law:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Nicholas James may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Four and Twentieth Day of this Instant November, at Eleven a Clock.

James versus Davis.

The House being moved, on the Behalf of William James, "That he may have longer Time allowed him for bringing in his Writ of Error (than by the Order of this House he is obliged), to which Thomas Davis is Defendant; the said William James being sick in Gloucestershire, near One Hundred Miles from London, and did not hear of the Order of this House till Saturday last; upon which he gave Notice to his Attorney in Town, to transcribe the Record:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William James hath hereby Time allowed him for transcribing and bringing in the said Record into this House, until Friday the Four and Twentieth Day of this Instant November, at Eleven a Clock.

Nixon & al. versus Clarke.

Upon reading the Petition of Richard Nixon and Daniel Ireson; shewing, "That they have brought a Writ of Error, returnable in Parliament, in order to reverse a Judgement lately affirmed in the Exchequer Chamber, on a Judgement in the Queen's Bench by Default: They have applied to have the Record transmitted; but his Attorney Mr. Opie being lately dead, and, having the Affirmetur in his Custody, cannot at present bring the said Record before this House, as by Affidavit, annexed to the Petition and read, doth more fully appear; and praying a further Time to procure the said Record to be certified, the same being occasioned by Default of the Defendant and his Attorney, and not by the Petitioner:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Nixon and Daniel Ireson have hereby Time allowed them, for certifying and transmitting the said Record into this House, until Thursday the Three and Twentieth Day of this Instant November, at Eleven a Clock.

Admiralty Papers and Books, Committee to consider.

Lords Committees appointed to consider of the Books and Papers delivered into this House, from the Admiralty-office, the Eighth Instant, by Mr. Burchet; whose Lordships, having sent for such Persons, Papers, and Records, as they shall think fit, are, from Time to Time, to report their Opinion thereupon to this House:

Their Lordships, or any Five of them; to meet on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

The House being informed, "That the Lord Chief Baron attended, with a Writ of Error:"

Affrican Company versus Gardiner & al. in Error.

He was called in; and, in the usual Manner, brought into the House the said Writ of Error, with a Transcript of the Record, between

The Royal Affrican Company of England Plaintiffs, and William Gardiner and others Defendants.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum quintum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.