House of Lords Journal Volume 19: 8 May 1713

DIE Veneris, 8 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Dutchess of Newcastle versus L. Pelham & al.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein the most Noble Margaret Dutchess Dowager of Newcastle is Appellant, and Thomas Lord Pelham, Henry Pelham Esquire, and the Lady Henrietta Cavendish, 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 Tuesday the Nineteenth Day of this Instant May, at Eleven a Clock.

E. of Nottingham & al. Marquis of Halifax's Executors, Bill.

After reading, and considering, the Report of the Judges, to whom was referred the Petition of Daniel Earl of Nottingham and others; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the Sale of the Reversion and Inheritance of the Manor of Morley, in the County of York, together with a Term of Five Hundred Years therein, decreed to be sold, for Payment of Debts; and also for exchanging a Fee-farm Rent of the Coheirs of William late Marquis of Halifax, issuing out of Part of Leffield Forest, in Rutlandshire, for a Fee-farm Rent of Daniel Earl of Nottingham, issuing out of Hertingfordbury Park, in Hertfordshire; and for settling the same to such Uses as the said Fee-farm Rent in Rutlandshire was settled."

Lady Mohun versus Terret, in Error.

The Lord Chief Baron of Her Majesty's Court of Exchequer, in the usual Manner, brought up a Writ of Error, wherein

Elizabeth Lady Dowager Mohun is Plaintiff,

and

Isaac Terrett Defendant.

L. Huntingtower's Pet. referred to Judges.

Upon reading the Petition of Lionel Lord Huntingtower, Grandson and Heir Apparent of the Right Honourable Lionel Earl of Dysert, by the Lady Henrietta Huntingtower his Mother, the Right Honourable John Earl of Leicester, John Manley Esquire, and Richard Vernon Gentleman, his Guardians, and of the said Guardians; praying Leave to bring in a Bill, to enable the Petitioners, the said Guardians, to make Leases in Reversion, to raise Money, for the necessary Maintenance of the Infant:

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.

Lady Eustace versus Keightly.

Upon reading the Petition and Appeal of Dame Margaret Eustace, Widow and Relict of Sir Maurice Eustace, late of Castle Martin, in the County of Kildare in Ireland, Baronet, deceased, from a Decree made in the Chancery there, on the Twenty-sixth Day of February last past, in a Cause wherein the Petitioner was Complainant, against Thomas Keightly Esquire, Lucius O Bryan, Katherine his Wife, Sir William Fownes Knight, and others, Defendants; as also in a Cross Cause, wherein the said Thomas Keightly was Complainant, against the Petitioner Defendant; and praying "such Relief in the Premises as shall seem just and equitable; and that the said Defendants may answer the said Appeal; and that the Service of the Order of this House on their Six Clerk in the said Court of Chancery may be good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Keightly, Lucius O Bryan, Katherine his Wife, and other Defendants, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Fifth Day of June next, at Eleven a Clock.

Poor of Hertford, for Books and Writings, &c.

The House being moved, on the Behalf of the Poor of the Borough of Hertford, Respondents to the Appeal depending in this House, wherein the Mayor, Aldermen, and Commonalty of the said Borough, are Appellants, "That the said Appellants, or their Agents, may forthwith bring before the Master in Chancery, upon Oath, all the Books, Papers, Writings, and Accompts, relating to the Charity in Question, which were made Use of and produced at the Hearing of this Cause in Chancery, or were brought before the Master pursuant to an Order of that Court, and particularly a Book, intituled, "The Borough of Hertford," to the End the same may be made Use of, at the Bar of this House, when the said Appeal shall come on to be heard; and that the Respondents may, in the mean Time, be at Liberty to take Copies of such Parts of the said Books, Papers, Writings, and Accompts, as they shall think fit, in order to prepare themselves for the said Hearing:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Appellants, or their Agents, do forthwith bring before the Master all the Books, Papers, Writings, and Accompts, abovementioned, in order to have Copies thereof; and that the Master do attend, with the same, at the Hearing in this House.

Despard & al. Crosdaile's Executors, versus Ormsoy & al.

Upon reading the Petition and Appeal of William Despard Esquire, Thomas Crosdaile Esquire, Henry Crosdaile Gentleman, Robert Shaw Esquire, and John Ringrose Gentleman, Executors of the last Will and Testament of Thomas Crosdaile Esquire, deceased, against several Orders and Decrees made by Her Majesty's Court of Exchequer in Ireland, in a certain Cause, wherein Arthur Ormsby Esquire and Dorothy his Wife, William Usher Esquire and Lettice his Wife, were Plaintiffs, and the Petitioners, together with the Executors of the last Will and Testament of Sir Henry Waddington Knight, deceased, Simon Lord Bishop of Elphin, Gilbert Ormsby Esquire, William Butler and Dame Abigail his Wife, Relict of the said Sir Henry Waddington, and others, were Defendants; praying "Relief in the Premises; and that the Orders and Decrees abovementioned, and all subsequent Orders and Decrees made in Pursuance thereof, may be reversed; and that the said Plaintiffs may answer the said Appeal; and that the Service of the Order of this House upon their Attorney or Attornies of the said Court may be good Service; and that all Proceedings may be stayed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur Ormsby Esquire and Dorothy his Wife, William Usher and Lettice his Wife, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Fifth Day of June next; and that the Service of this Order on the Respondents Attorney or Attornies in the said Court, may be good Service, in order thereunto; and that all Proceedings shall be stayed in the mean Time.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Shuttleworth and others:

With a Bill, intituled, "An Act for making the River Douglas, alias Asland, navigable, from the River Rible, into which it runs, up the River Asland (fn. 1) and Douglas, to a Place called Wild Mill, in the County of Lancaster;" to which they desire the Concurrence of this House.

Ordered, That the said Bill be read the First Time on Tuesday next, at Twelve a Clock.

E. of Coventry's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for raising Five Thousand Pounds Portion, together with Maintenance-money, out of several Lands in Midd'x and Warwickshire charged therewith (being the Estate of the Right Honourable Gilbert Earl of Coventry); and for paying the same to the Lady Anne Coventry, his Daughter, at her Marriage, though the same should be before her Age of Eighteen Years."

Sir Andrew Kennedy versus Sir Alexander Cuming.

Upon reading the Petition and Appeal of Sir Andrew Kennedy Baronet, reciting a Judgement of this House, of the 19th of April 1711, which directs the Expences of the Suits between the Petitioner and Sir Alexand'r Cumming Baronet to be taxed, and paid to the Petitioner by the said Sir Alex'r; and complaining of some Proceedings, and particularly of an Interlocutor of the Lords of Council and Session in Scotland, the 31st of May last, on the Behalf of the said Sir Alex'r Cumming; and praying, "That the same may be reversed; and that the said Sir Alexand'r may answer the said Appeal:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal shall be, and is hereby, referred to the Lords following; who are appointed a Committee, to consider thereof, and whether it comes properly before this House; and to hear such Persons as they shall think fit; and to inspect the Proceedings in this Case; and report to the House; (videlicet,)

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

Meal, to enter into Recognizance for Ashe.

The House being moved, "That John Meal, of New Inn, Gentleman, may be allowed to enter into a Recognizance for Simeon Ashe, who has an Appeal depending in this House, and is absent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Meale may enter into a Recognizance for the said Simeon Ashe, as desired.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, nonum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.