House of Lords Journal Volume 18: 5 March 1707

DIE Mercurii, 5 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Pilley versus Madden.

After hearing Counsel, upon the Petition and Appeal of Hyacinth Pilley Gentleman, from a Decree of the Court of Exchequer in Ireland, in a Cause wherein Hugh Madden and Katherine his Wife were Plaintiffs, against the Appellant (being, at the exhibiting of the Bill, and putting in his Answer thereunto, a Minor) and other Defendants, and made the Eleventh of February One Thousand Seven Hundred and Five; and praying, "That the said Decree may be reversed, and the Complaints Bill dismissed:" As also upon theAnswer of the said Hugh Madden and Katherine his Wife put in thereunto; and due Consideration of what was offered thereupon:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Hyacinth Pilley shall be, and is hereby, dismissed this House; and that the Decree therein complained of shall be, and is hereby, affirmed; with this Alteration only, that the now Appellant is to be allowed for the Deficiencies and the Charge of passing Certificate and Patent, what it should appear he did lay out, over and above One Hundred Pounds, Part of the Two Hundred Pounds he was to lay out by his Bond; the other Hundred Pounds being paid at the Marriage of the Respondent Katherine, as her Portion, by the Appellant's Mother, and agreed to be allowed as aforesaid.

E. of Anglesey & al. versus E. of Derby.

Upon reading the Petition of John Earl of Anglesey, Henrietta Maria Countess of Anglesey his Wife, and Lady Elizabeth Stanley; shewing, amongst other Things, That, they having a Cause ready to be tried at the last Assizes at Lancaster, a Reference was proposed, and entered into; and thereupon, by Articles between the Petitioners and the Earl of Derby, the said Earl did agree to waive all Privilege of Parliament, which he then was or at any Time should be entitled to, in all Suits then depending, or afterwards to be commenced, either in Law or Equity, against him, by the Petitioners, touching the Real or Personal Estate of the said late Earl: That the Petitioners thereupon waived their Trial at the said Assizes, and the Reference expired without Effect: That the Petitioners are now endeavouring to proceed in the Causes depending between them and the said Earl, and to have a Trial at the next Assizes at Lancaster: That the Petitioners Attorney hath been served with Papers, under the Hand of the said Earl, directed to the Parties Counsel, Attornies, Solicitors, Agents, Clerks, Officers, and others, requiring them to take Notice that the said Earl doth insist on his Privilege of Parliament in the several Suits with the Petitioners therein mentioned, whereby they are unable to proceed to Trial; and praying Judgement upon the said Waiver of Privilege; and that the said Earl of Derby may not resume the same again, contrary to the said Waiver, under his Hand and Seal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl of Derby shall have a Copy of the said Petition, and do forthwith answer thereunto.

Mackintosh's Bill, for Sale of Lands at Cole Green.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Trustees to sell several Lands at Cole-Green, within the Manor of Herting fordbury, in the County of Hertford, and the Manor of the Rectory of Hertingfordbury aforesaid, late the Estate of Ann Winwood, deceased, for Payment of a Debts of Six Hundred Pounds, and Interest, due upon Mortgage and Bond or Specialty; and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands and Tenements, to be settled to the same Uses as the said Lands are now settled."

Pye's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable Henry Pye Esquire to make a Jointure."

Upon the First Reading of the Bill, intituled, "An Act to enable Henry Pye Esquire to make a Jointure:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Bill shall be, and is hereby, referred to Mr. Justice Gould and Mr. Baron Price; who are forthwith to summon all Parties that are to be concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands.

Vachel versus Bretton.

Whereas this Day was appointed, for hearing of the Cause wherein Dorothy Vachell, and Thomas Vachell are Appellants, and Lucy Bretton Widow and others 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 Friday next, at Eleven a Clock.

West Riding of York, &c. Register Bill.

Whereas this Day was appointed for the House to be put into a Committee upon the Bill, intituled, "An Act for Enrolment of Bargains and Sales within the West Riding of the County of York in the Registeroffice there lately provided; and for making the same Register more effectual:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the House shall be put into a Committee upon the said Bill on Monday next, at Twelve a Clock; and that the Judges do then attend; and no other Business to intervene.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, sextum diem instantis Martii, hora nona Auroræ, Dominis sic decernentibus.