House of Lords Journal Volume 18: 10 December 1707

DIE Mercurii, 10 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Thanet takes the Oaths.

This Day, Thomas Earl of Thanet took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration; and also made and subscribed the Declaration, pursuant to the Statutes.

Copies of Letters from the Secretary of State to the Admiralty:

The Earl of Sunderland, Her Majesty's Principal Secretary of State, laid before this House, from Mr. Secretary Harley, pursuant to the Address to Her Majesty, Copies of Letters to the Prince's Council, with Advices concerning the French Shipping, from January 170 6/7 to December 1707.

State of the Fleet, &c. to be considered.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Friday next, at Twelve a Clock, this House shall be put into a Committee, to consider further of the State of the Nation, in relation to the Fleet, and the Trade of the United Kingdom of Great Britain.

E. of Bindon versus Davies:

The House being acquainted, "That the Answer of John Davies and his Wife, to the Appeal of the Right Honourable the Earl of Bindon, depending in this House, is not amended, pursuant to the Order of this House, of the Fourth Instant:"

Davies to attend.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Davies and his Wife do attend this House To-morrow, at Eleven a Clock, and do then make the Alteration directed by the said Order.

Neville & al. versus Sir Henry Johnson:

After hearing Counsel, upon the Petition and Appeal of Daniel Blake and John England, on Behalf of themselves and others, Creditors of the late Lord Lovelace, deceased, and Richard Neville Esquire, John Radford Esquire, and James Grey Esquire, Executors of the last Will and Testament of the said Lord Lovelace, and Henry Neville and Henry Fane Gentlemen, Residuary Legatees of the said Will, against several Decrees and Orders made in the Court of Chancery, as to so much and such Part thereof as relates to the Matters therein after complained of; (videlicet,) One Decree, or Decretal Order, made in a Cause wherein the Petitioners Daniel Blake and John England, and others, Creditors of John late Lord Lovelace, were Plaintiffs; and Sir Henry Johnson Knight, and the Right Honourable Martha Baroness of Wentworth his Wife, and others, were Defendants, bearing Date the First Day of February in the Twelfth Year of our late Sovereign Lord King William the Third; another, dated the Ninth Day of August; and another, dated the Seventh Day of November, in the Thirteenth Year of his said late Majesty's Reign; and another Decree, or Order, made in the same Cause, bearing Date the First Day of May in the Third Year of the Reign of Her present Majesty Queen Anne; and another Order, bearing Date the Eleventh Day of July in the said Third Year of Her Majesty's Reign; and also against another Decree, or Decretal Order, made in a Cause wherein the Petitioners the said Executors and also the Petitioners the said Residuary Legatees were Plaintiffs, and the said Sir Henry Johnson and his said Wife and others were Defendants, bearing Date the Ninth Day of February in the Second Year of Her present Majesty's Reign; and praying, "That so much of the said Decrees, Orders, and Proceedings, as charge the Manor of Hurley and Berkshire Estate with Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boyle's Debt and Interest, may be reversed and set aside;" which Appeal was presented to this House the Eighth Day of November One Thousand Seven Hundred and Five: As also upon the Answer of the said Sir Henry Johnson and Martha Baroness of Wentworth his Wife put in thereunto, the Twentieth Day of February One Thousand Seven Hundred and Six, wherein is set forth an Agreement made between the said Daniel Blake and John England, on Behalf of themselves and others, Creditors of the late Lord Lovelace, deceased; and praying, "that the Agreement may be established:" As also upon hearing Counsel this Day, upon the Petition of Richard Neville Esquire, John Radford, Henry Grey, and Henry Fane, Esquires, Residuary Legatees of the last Will and Testament of the said Lord Lovelace, upon the Three Points following, reported from the Lords Committees to whom their Petition was referred by the House; (videlicet,) "the Five Thousand Pounds and Interest, Three Thousand Pounds and Interest, and Mr. Boyle's Mortgage Debt and Interest," as in the Report is more at large set forth: As also Counsel for Sir Henry Johnson and Martha Baroness of Wentworth his Wife, and Daniel Blake and others, Creditors:

Judgement affirmed.

After due Consideration of what was offered by Counsel on either Side upon the said Points; it is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Daniel Blake, John England, Richard Neville, John Radford, James Grey, Henry Neville, and Henry Fane, shall be, and is hereby, dismissed this House; and that the several Decrees and Orders therein complained of shall be, and they are hereby, affirmed; the House refusing to meddle with the Agreement mentioned in the Answer of the said Sir Henry Johnson and Martha Baroness of Wentworth his Wife, made since the Appeal was depending in this House: And as to the One Thousand Pounds Mortgage Debt and Interest to Mr. Boyle, the Accompt is to proceed in Chancery, upon the Foot of the Orders hereby affirmed, or in Force, relating to the same.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, undecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.