House of Lords Journal Volume 20: 7 May 1717

DIE Martis, 7 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir John Schaw versus Houston; Respondents to answer peremptorily.

Upon reading the Petition of Sir John Schaw Baronet; setting forth, "That he lodged his Appeal in this House the Twenty-ninth of March last, from several Interlocutors of the Lords of Session in Scotland; and obtained an Order, requiring John Houstoun Esquire and Margaret his Wife to put in their Answer in a Month; which, though regularly served the Sixth of April last, (as by an Affidavit, also read, appeared), they have not put in their Answer; and praying, That a peremptory Day may be appointed for that Purpose:"

It is Ordered, That the said John Houstoun and his said Wife do peremptorily answer the said Appeal, on or before Tuesday the Twenty-first Day of this Instant May.

Annesley versus Sherlock, Appeal from the Lords in Ireland.

A Petition and Appeal of Maurice Annesley Esquire, was presented to the House, and read; complaining of a Decree, made by the House of Lords in Ireland, the Nineteenth of June 1716, upon an Appeal of Hester Sherlock, to that House, from several Decrees made in the Court of Exchequer in the said Kingdom of Ireland; and praying, "That the said Decree of the House of Lords in that Kingdom, so far as the same hath varied and reversed the said Decrees in the said Court of Exchequer, may be set aside; and that such Order and Decree may be made by this House, as their Lordships, in their great Wisdom and Justice, shall think for the Petitioners Relief."

Committee to consider of it, and to inspect Precedents of Appeals from the House of Lords in Ireland.

Ordered, That the Lords following be appointed a Committee, to consider of the said Appeal; and to inspect Precedents as to Matters of the like Nature; and report their Opinion thereupon to the House:

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

Address, on the King's Speech.

The Earl of Carlisle reported from the Lords Committees appointed to prepare an Address to be presented to His Majesty, pursuant to the Order of this House Yesterday, "That they had prepared an Address accordingly, as follows:

"Most Gracious Sovereign,

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty our most humble Thanks, for Your Majesty's most Gracious Speech from the Throne; and for Your Majesty's having taken effectual Care, to prevent all immediate Danger of an Invasion upon these Your Kingdoms, by sending Your Fleet so early into The Sound: And we cannot but acknowledge, with the greatest Satisfaction, Your Majesty's most tender Regard to the Ease of Your People, in giving Orders, as soon as it was consistent with the public Safety, for reducing so considerable a Number of the Land Forces.

"We also give Your Majesty our most humble Thanks, for Your having communicated to Your Parliament Your Intention to pass an Act of Grace; which, we hope, will have all the good Effects, Your Majesty so reasonably and justly expects from it.

"And we take this Occasion to assure Your Majesty, that we will, with the utmost Zeal and Duty, defend and support Your Majesty's Sacred Person and Government, against all Your Enemies, both at Home and Abroad."

The said Address was read by the Clerk, entire; and afterwards read, and agreed to, Paragraph by Paragraph.

Ordered, That this be the Address to be presented to His Majesty.

Ordered, That the same be presented to His Majesty by the whole House.

Ordered, That the Lords with White Staves do wait on on His Majesty, humbly to know when His Majesty will please to be attended with the said Address.

Reily & al. versus Ward:

After hearing Counsel, upon the Petition and Appeal of James Reily Esquire, Hugh Reily his Son, Francis Cruise, James Keirnan, John Hogan, James Lamb, Charles Bessey, and James Reily Farmer, from a Decree, or Decretal Order, made in the High Court of Chancery in Ireland, the Tenth Day of February 1715, in a certain Cause, wherein Robert Ward Gentleman was Plaintiff, and the Appellants and others were Defendants; praying, "That the same may be reversed:" As also upon the Answer of the said Robert Ward put in to the said Appeal; and due Consideration had of what was offered thereupon:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, or Decretal Order, be, and is hereby, reversed; and that, if Possession of the Premises in Question has been given under the said Decree, the same be restored as it stood at the Time the said Decree was pronounced; and that the Profits of the same Premises, if any, received in the mean Time under the said Decree, be accompted for and paid to the Appellants: And further; That the Respondent, paying to the Appellants, within One Year next ensuing, the Costs of the Day when the Cause was brought on to Hearing in the said Court, and Thirty Pounds for their Costs of the said Appeal, be at Liberty to bring on the said Cause again to Hearing, in the said Court, against the Earl of Fingall and the other Defendants, as he shall be advised.

Cuningham versus Hamilton.

Whereas To-morrow is appointed, for hearing the Cause wherein John Cuninghame of Enterkin is Appellant, and Katherine Hamilton Lady Enterkin, his Mother, Respondent:

The House being this Day moved, at the Request or Consent of both Parties, "That a further Day may be appointed for hearing the same, in regard, as the House was informed, an Accommodation is treating of between them:"

It is therefore Ordered, That the Hearing of the said Cause be, and is hereby, adjourned to Thursday the Twenty-third Day of this Instant May, at Eleven a Clock.

Moor & al. Order for Writings to be lodged with the Clerk.

Upon reading the Petition of Boyl Moor and others; setting forth, "That, on the Twelfth of March last, this House was pleased to order, "That the Tenants Leases of the Premises in Question, and the Deseasance in the Plaintiff's Bill mentioned, should be produced, when the Petitioners Appeal should come on to be heard in this House;" and that it will be necessary for the Petitioners to peruse the same; which the Respondents Agent declares he will not permit, without an Order of this House;" and praying, "That the said Writings may be lodged with the Clerk, in order for the Petitioners Perusal:"

It is Ordered, that the Leases and Defeasance abovementioned may be lodged in the Hands of the Clerk of the Parliaments, One Week before the Hearing the said Appeal, for the Petitioners Perusal of the said Writings, as desired.

Plunket versus Cuffe.

Upon reading the Petition and Appeal of Plunket Plunket Esquire; complaining of Two Orders made in the Court of Chancery in Ireland, the Twenty-second Day of February and Eighth Day of March last, in a Cause wherein Francis Cuffe Esquire and others were Plaintiffs, and the Appellant Defendant; and praying, "That so much of the said Order of the said Twentysecond of February, as appoints the Master to set the Lands, and the Proceedings thereon, may be discharged; and that he may have a reasonable Time to examine his Witnesses, and have a Commission for such as live above Ten Miles from Dublin; and be at Liberty to take it out ex Parte, if the late Earl of Longford's Representatives shall still persist to refuse to join; and that all Orders contrary thereto may be set aside:"

It is Ordered, That Francis Cuffe and James Macartney Esquires, and Douglas Ludlow Widow, 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 Tuesday the Eleventh Day of June next.

Adjourn.

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