House of Lords Journal Volume 17: 13 December 1704

DIE Mercurii, 13 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Coke's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for Confirmation of an Agreement, made between Thomas late Lord Bishop of Carlisle and Thomas Coke Esquire, for vesting the Rectory of Melborne, in the County of Derby, in the said Thomas Coke and his Heirs, upon Augmentation of the Rents to the Bishopric of Carlisle, and of the Stipend to the Vicar of Melborne."

ORDERED, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Mountague and others:

Who brought up a Bill, intituled, "An Act for confirming an Agreement, between the Executors of Moses Gould Esquire, deceased, and his Relict, for the Payment of his Debts, and Maintenance of the Younger Children of the said Moses Gould; and for settling other Part of his Estate;" to which they desire the Concurrence of this House.

Gould's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for confirming an Agreement between the Executors of Moses Gould Esquire, deceased, and his Relict for the Payment of his Debts and Maintenance of the Younger Children of the said Moses Gould; and for settling other Part of his Estate."

Fownes versus D'Oyly.

Whereas Friday the Fifteenth Day of this Instant December was appointed, for hearing of the Cause wherein Richard Fownes and his Wife are Appellants, and Sir John D'Oyly and others are Respondents:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Monday the Eighteenth Day of this Instant December, at Eleven a Clock; and that the other Causes be removed in Course.

Sherrington versus Harris:

After hearing Counsel, upon the Petition and Appeal of Bennet Sherrington Gentleman, One of the Co-heirs of Leonard Bennet Esquire, against a Report dated the First Day of July One Thousand Six Hundred Seventy-six, and Two several Orders for confirming thereof; the One, dated the Sixth Day of July One Thousand Six Hundred Seventy-six; and the other, the Seventeenth of November, One Thousand Six Hundred Seventy-six, and the Enrolment of the same, supposed to be made, in Two Causes then depending in Chancery; One, wherein Henry Double was Plaintiff, against Leonard Bennet and John Plummer Esquires, Defendants; and the other, wherein the said John Plummer was Plaintiff, against the said Bennet and Double Defendants; and also against an Order made in Chancery, the Twelfth of May, One Thousand Seven Hundred and Four, in a Cause then depending in the Court of Chancery, wherein the Petitioner was Plaintiff, against Henry Harris and Thomas Smith, the Two surviving Executors of Henry Double, and Thomas Bedford and Sarah his Wife, Relict of the said Henry Double, and George Nevett and Anne his Wife, One of the Daughters of the said Henry Double, and others, Defendants; and praying "the Reversal and setting aside the Report of the First of July One Thousand Six Hundred Seventy-six, and Orders of the Sixth of July One Thousand Six Hundred Seventy-six, the Seventeenth of November One Thousand Six Hundred Seventy-six, and the Twelfth of May One Thousand Seven Hundred and Four:" As also upon the Answer of the said Henry Harris, Thomas Smith, Thomas Bedford and Sarah his Wife, George Nevett and Anne his Wife, put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed, with Costs.

It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Bennet Sherrington shall be, and is hereby, dismissed this House; and that the Decree and Orders therein complained of shall be, and they are hereby, affirmed: And it is further ORDERED, That the said Bennet Sherrington shall pay, or cause to be paid, unto the said Henry Harris and other Respondents, the Sum of Twenty Pounds, for their Costs in defending the said Appeal in this House.

Adjourn.

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