House of Lords Journal Volume 19: 14 December 1710

Die Jovis, 14 Decembris.

Domini tam Spirituales quam Temporales præsens fuerunt:

PRAYERS.

Mathews Pet. referred to Judges.

Upon reading the Petition of Thomas Mathew Senior, on the Behalf of himself and of Thomas and John Mathew his Sons, John Mathew, and of Mary Kuweidt, John Kuweidt, Charles Watts and Elizabeth his Wife, Thomas Merrett and Sarah his Wife, and Anne Jackson, Children and Grand Children of Nathaniel Mathew Senior, late of Petersham, in the County of Surrey, Gentleman, deceased; praying Leave to bring in a Bill, for Sale of an Estate (in the Petition mentioned), late of the said Nathaniel Mathew, deceased, or so much as will discharge all his Debts and Legacies; and settling the Residue of the said Estate to the Uses in his Will mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Bury and Mr. Baron Price; who are forthwith to summon all Parties 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, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Burgoyne's Pet. referred to Judges.

Upon reading the Petition of Benjamin Ivie Merchant and Frances his Wife; shewing, "That William Burgoine, late of the City of Exon, Merchant, deceased, being seised of divers Messuages, Lands, and Tenements, in the County of Devon and City of Exon, Part his own Inheritance, and Part the Inheritance of his late Wife Anne, deceased, all the said Lands and Premises are now descended to, and vested in, William Burgoine, Son of the said William and Anne, an Infant; and, if he happens to die, the same will descend to his Four Sisters, all likewise Infants; which Estates have been usually let by Lease, and were, at the Death of the said William the Father, leased out for Years determinable on Lives, according to the Manner of Leasing in that Country; which Leases, by Reason of the Infancy of the Heir, cannot be renewed, or new ones granted, by which Means the Estate will fall into Hand, lie unimproved and ruinous, and the Infant want Means of Subsistance, and to pay the Public Taxes; and praying Leave to bring in a Bill, to enable certain Trustees, therein to be named, to grant Leases of the said Estates, during the Minorities aforesaid, under such Trusts, Provisos, and Limitations, as this House shall think fit:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Justice of the Court of Queen's Bench and the Lord Chief Justice of the Court of Common Pleas; who are forthwith to summon all Parties 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, and whether all Persons that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Greenshields versus Magistrates of Edinburgh.

Upon reading the Petition of James Greenshields, Clerk; shewing, "That, the last Session of Parliament, he petitioned this House for Relief, from a Sentence of the Magistrates of Edinburgh, and a Decree of the Lords of Session in North Britain; upon which it was, the Sixteenth of February last, ordered, "That authentic Transcripts of all the Orders and Proceedings against the Petitioner should be said before this House;" which was accordingly done; and, upon reading them, the Twenty-fifth of March following, it was ordered, "That the Petition and Appeal should be received, and the Respondents to have a Copy, and to answer on or before the First Day of this present Session of Parliament;" which they have not done, though duly served with the Order of this House; and praying, that the Respondents do put in their Answer to the said Appeal:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Respondents do put in their Answer to the said Petition, in Writing, on or before Wednesday the Tenth Day of January next, at Eleven a Clock.

Driscoll versus Dalton.

Upon reading the Petition and Appeal of Dennis Driscoll Esquire, against several Orders and Decrees made in the Court of Chancery of Ireland, in certain Causes, wherein Richard Dalton Gentleman was Plaintiff, and the Petitioner Defendant, et è contra; and in particular the Orders of the Twentieth of May One Thousand Six Hundred Ninety-seven, the Twelfth of December One Thousand Seven Hundred and Five, the Twenty-second of June One Thousand Seven Hundred and Six, the Twenty-fifth of November One Thousand Seven Hundred and Seven, the Twentieth of February One Thousand Seven Hundred and Seven, the Tenth of May One Thousand Seven Hundred and Eight, the Seventh of December One Thousand Seven Hundred and Nine, and the Order or Decree of Dismission in Michaelmas Term One Thousand Seven Hundred and Eight, which, the Petitioner humbly conceives, are erroneous, and inconsistent with the Rules of Equity; and humbly appeals from the said Orders; and that the same may be reversed or rectified, and the Petitioner relieved in such Manner as this House shall think fit; and that the Respondent may answer, and the Service of this Order upon Dalton's Clerk in the Court of Chancery in Ireland may be deemed good Service, in order thereunto:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent Richard Dalton may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the Tenth Day of January next, at Eleven a Clock; and that the Service of this Order on Dalton's Clerk in Chancery in Ireland shall be good Service, in order thereunto.

Dutchess of Beaufort versus Lady Granville & al.

Whereas Saturday next was appointed to hear the Cause wherein Mary Dutchess Dowager of Beaufort is Appellant, and Rebecca Lady Dowager Granville and others are Respondents; and it being proposed, "To adjourn till Monday next:"

It is therefore 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 of the Clock.

Adjourn.

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