House of Lords Journal Volume 20: 22 May 1717

DIE Mercurii, 22 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Sir R. Barnardiston & al. versus Carter:

The Lord Chancellor acquainted the House, "That the Judges were now ready to give their Opinions, on the Point of Law to them proposed, after hearing the Cause wherein Sir Robert Barnardiston Baronet and others were Appellants, and William Carter Esquire Respondent; which, at the Request of the Judges, was Yesterday respited."

Then the Lord Chief Justice of the Court of Common Pleas, in the Name of all the Judges, who had consulted together, delivered their unanimous Opinion, "That the Estate for Life was vested in Evers Armyne at the Time of the Recovery."

Then the Judges were directed to give their Opinions, "Whether the Remainder to Styles was of that Nature as to be barred by the Recovery?"

And, having conferred together, the said Lord Chief Justice delivered their joint Opinion, "That the same was only a contingent Remainder."

And then the following Order and Judgement was made; (videlicet,)

Judgement reversed.

"After hearing Counsel Yesterday, upon the Petition and Appeal of Sir Robert Barnardiston Baronet, Samuel Barnardiston Esquire, and John Coppin Esquire; complaining of a Decree made by the Lord High Chancellor of Great Britain, on the Second Day of March in the First Year of His present Majesty, in a Cause wherein William Carter Esquire was Plaintiff, and the Appellants and others were Defendants; and praying, That the same may be reversed and set aside, and the Plaintiff's Bill dismissed as against the Appellants: As also upon the Answer of the said William Carter put in to the said Appeal; and likewise hearing the Opinions of the Judges, as well Yesterday as this Day, in relation to some Points of Law to them proposed; and on due Consideration had of what has been offered in this Case: It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree be, and is hereby, reversed; and that the Respondent's Bill in the said Court of Chancery, as against the Appellants, do stand dismissed; without Prejudice to the Right, if any, of the Heirs at Law of Sir Michael Armyne, or Evers Armyne."

Sir H. Liddell against Bp. of Durham's Privilege, referred to a Committee.

Upon reading the Petition of Sir Henry Liddell Baronet; setting forth, "That the Lord Bishop of Durham brought his Action of Ejectment, in his Court of Pleas at Durham, against a Tenant of the Petitioner's; and thereby brought in Question not only the ancient Boundaries of his Manor, but also his Right to a great Moor or Waste; and the Cause being tried at Durham, and a View directed, the Petitioner was advised to bring his Bill in Chancery, for ascertaining his said Boundaries;" and further setting forth the Proceedings at Law had, pursuant to the Direction of the said Court of Chancery; and also a Decree of that Court, upon the Equity reserved; and "that the said Lord Bishop's Clerk in Court has been served with Summonses, touching the Taxation of Costs directed by the said Decree; but his Lordship's Solicitor has lately acquainted the Petitioner's Solicitor, that his Lordship insists upon his Privilege; and threatens to complain if the Petitioner proceeds any further;" and praying, "In regard the said Suit in Chancery and Proceedings thereon were in the necessary Defence of the Petitioner's Right, against his Lordship's said Action, that the Petitioner may be at Liberty to tax and recover the said Costs against the said Lord Bishop; and that this House will be pleased to declare, his Lordship hath no Right to any Privilege, against the Petitioner's Proceedings in this Case; if it shall so seem to the great Wisdom and Justice of this House:"

It is Ordered, That the said Petition be, and is hereby, referred to the Lords Committees for Privileges; to consider thereof, and report their Opinion thereupon to the House; whose Lordships are to meet on Monday Morning next.

Schaw versus Houstoun & Ux.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Sir John Schaw Baronet is Appellant, and John Houstoun and his Wife (fn. 1) Respondents:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the Eighteenth Day of June next, at Eleven a Clock.

Middleton, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of the Daughters of Thomas Middleton Esquire, deceased, by their Guardian, was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Report.

E. of Oxford's Petition:

A Petition of Robert Earl of Oxford and Earl Mortimer, Prisoner in The Tower of London, was presented to the House, and read; setting forth, "That Articles of Impeachment were brought up by the House of Commons against him, the 9th of July 1715, at which Time he was committed; and on the 2d of August additional Articles were brought up; and the 3d of September the Petitioner's Answer was delivered; and on the 19th of September the Commons joined Issue, by Replication: And, after several Adjournments, the Parliament re-assembled on the 9th of January 1715, and continued sitting until the 26th Day of June 1716; upon which Day His Majesty was pleased to put an End to that Session of Parliament, by a Prorogation; and on the 20th of February last His Majesty opened this present Session; and the Petitioner has remained a Prisoner since the said 9th of July 1715;" and praying, "That this House will take the Circumstances of his Case into their Consideration; being assured that their Lordships will determine thereupon according to the Rules of Justice and Course of Parliament, and that it was not their Intention that his Confinement should be indefinite."

Committee to search Precedents concerning his Case.

Ordered, That all the Lords this Day present be appointed a Committee, to search and report such Precedents as may the better enable this House to judge what may be proper to be done, on Occasion of the said Petition and the Case of the said Earl, as it now stands before this House.

Their Lordships, or any Seven 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.

Ordered, That the said Petition be referred to the said Committee.

Ordered, That it be an Instruction to the said Committee, in the First Place, to search for and report such Precedents as relate to the Continuance of Impeachments from Session to Session, or from Parliament to Parliament.

Lyon's Petition to lie on the Table.

A Petition of Katherine Lyon, the Widow of John Lyon of Muresk Esquire, deceased, was presented to the House, and read; setting forth, "That she was advised to appeal from a Decree of the Lords of Session in Scotland; but was prevented bringing the same within the Time limited by the Standing Order, and for some Reasons;" praying, "That the same may be received, and proceeded on."

Ordered, That the said Petition do lie on the Table.

D. Rutland, &c. Bill.

The Lord Archbishop of York reported from the Committee, to whom the Bill, intituled, "An Act for settling the Estates of the most Noble JohnDuke of Rutland, and John Manners Esquire, commonly called Marquis of Granby, Son and Heir Apparent of the said Duke, on the Marriage of the said Marquis of Granby with the Honourable Bridget Sutton, only Child of the Right Honourable Robert Lord Lexington; and also for vesting the Estates of the said Robert Lord Lexington and Bridget Sutton, therein mentioned, in Trustees, to be sold, for raising Money for the Marriage Portion of the said Bridget Sutton," was committed: "That they had considered the said Bill, and the Parties concerned given their Consents; and that the Committee had gone through the Bill, and made several Amendments thereunto."

Which, being read Twice, were agreed to.

Ordered, That the said Bill, with the Amendments, be engrossed.

Middleton's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Thomas Middleton Esquire, deceased, for the more speedy raising of Maintenancemonies and Portions for his Daughters; and for other Purposes in the Bill mentioned."

Fulford's Bill.

The Lord Foley reported from the Committee, to whom the Bill, intituled, "An Act to enable Francis Fulford Esquire, and his First and other Sons successively, to put in Execution the Power of granting Leases, given by the last Will and Testament of Francis Fulford Esquire, deceased," was committed: "That they had considered the said Bill, and examined the Allegations thereof; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill, and made some Amendments thereunto."

Which, being read Twice, were agreed to.

Ordered, That the Bill, with the Amendments, be engrossed.

Hale's Petition referred to Judges.

Upon reading the Petition of Mathew Hale of Rangeworthy Esquire and Mary his Wife, Mathew Hale Esquire, Great Grandson of Sir Mathew Hale late Lord Chief Justice of the Court of King's Bench, and of Henry Hale, Robert Hale, Edward Biss Hale, and Gabriel Hale, the Infant Sons of Gabriel Hale Esquire, by him the said Gabriel Hale their Father, next Friend, and Guardian, and also of him the said Gabriel Hale, Archbold Grosvenor Esquire and Frances his Wife, Robert Gore Esquire, and Charles Crew Gentleman; praying, "That Leave may be given to bring in a Bill, for vest ing the Manors and Lands of and in Wortley, alias Workley, Tresham, Sedlewood, and Hilsley, upon the said Mathew Hale the Great Grandson, upon and after the Marriage between him and Elizabeth Hickes, One of the Daughters of Robert Hickes Esquire, and for applying the Marriage Portion towards discharging several Debts in the Petition mentioned; and for other Purposes therein expressed:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Justice of the Court of Common Pleas and Mr. Justice Prat; 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.

Wemys' Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Patrick Wemys Esquire to sell certain Houses in Dublin, for Payment of Debts; and for the settling Lands, in the County of Kilkenny and elsewhere, to the same Uses to which the Houses to be sold were settled."

Ordered, That the Consideration of the said Bill be committed to the Lords following; videlicet,

Their Lordships, or any Five of them; to meet on Thursday the Sixth Day of June next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Frankland, Leave for a Bill.

After reading, and considering, the Report of the Judges, to whom the Petition of Sir Thomas Frankland Baronet and John Wind Clerk was referred; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the Petition.

Highgate, &c. Highways, Bill.

Whereas this Day was appointed, for the House to be in a Committee upon the Bill, intituled, "An Act for repairing the Highways, from several Places therein mentioned, leading towards Highgate Gatehouse and Hampsted, in the County of Middlesex; and for electing Trustees, for keeping up a sufficient Number, for the repairing the Highways upon the Roads from Highgate Gatehouse to Barnet Blockhouse, and also of the Highways between Kilburn Bridge and Sparrows Hern, in the County of Hertford:"

It is Ordered, That this House shall be put into a Committee thereupon, on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Jovis, vicesimum tertium diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.