House of Lords Journal Volume 18: 12 February 1707

DIE Mercurii, 12 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Ensworth versus Griffiths:

After hearing Counsel, upon the Petition and Appeal of William Ensworth and Katherine his Wife, Executrix of John Lloyd Gentleman, deceased, and Edward Lloyd, Son and Heir of the said John Lloyd, by the said William Ensworth, his Prochein Amie, from a Decree of Dismission made in the Court of Exchequer the Eleventh of April last, and the Confirmation thereof the Twentieth of June last, on the Behalf of Mary Griffiths Widow, and Nehemiah Griffiths an Infant, Son and Heir, and also Executors, of Walter Griffiths deceased; praying, "That the said Decree may be reversed and set aside, and a Redemption and Account of the Premises be directed:" As also upon the Answers of Mary Griffiths and Nehemiah Griffiths an Infant put in thereunto; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of William Ensworth and Katherine his Wife and Edward Lloyd shall be, and is hereby, dismissed this House; and that the Decree of Dismission, and the Confirmation thereof therein complained of, shall be, and are hereby, affirmed.

Fitch, Leave for a Bill.

After reading, and Consideration of, the Report made by Mr. Justice Tracy and Mr. Baron Price, upon the Petition of Will'm Fitch Esquire and others, for Leave to bring in a Bill, for vesting a Capital Messuage called Henbury, with the Farm belonging, and other Lands and Tenements, in the County of Dorset, in Trustees, for Sale of such Part of them as may be sufficient to satisfy the Debts in the Petition mentioned; and for settling the Residue, free from all Liberty of committing Waste, to the same Uses as the said Capital Messuage is limited by the said Marriage Settlement:

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

Calthorpe versus May.

Upon reading the Petition and Appeal of Reynolds Calthorpe Esquire and Samuel Battely Gentleman, against a Decree pronounced the Eighth Day of November One Thousand Seven Hundred and Six, in Her Majesty's High Court of Chancery in Ireland, in a certain Cause there depending, between the Petitioners and Appellants Plaintiffs, Charles May Esquire, Mary May, Frances Plowden, and others, Defendants; and praying, "That the said Decree, so far as it relates to the Dismission of the Petitioners Bill, in respect to the Title of the Lands called Rocketts Castle, &c. passed to Sir Algernoon May and the said Dame Dorothy, and his Heirs, may be reversed;" and also, "That the Decree, in respect of the Vendees of the Woods having their Bargain in all Events, may be also reversed;" and also, "That the Petitioners may, by virtue of the (fn. 1) Decree of One Thousand Six Hundred Sixty-two, not only have an Account of the Profits of the Lands passed to Sir Algernoon and Dorothy, and her Heirs, from the Death of the said Sir Algernoon, but also from the Death of Dorothy; the said Sir Algernoon having no other than an usurped Interest therein, after her Death, under Colour of the Deed of One Thousand Six Hundred Sixty-eight, contrary to the Deed of One Thousand Six Hundred Sixty-two:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Charles May, Mary May, Frances Plowden, and the other Respondents, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Wednesday the Twelfth Day of March next, at Eleven a Clock in the Forenoon.

Libels, pretended to be Minutes, &c. of this House:

The Lord Bishop of Oxford reported from the Lords Committees appointed to consider of Libels, said to be Minutes of the House of Lords, "That, upon Examination, they found that Allen, Horton, and Cree, are Writers and Dispersers of Libels; and that the Committee is of Opinion, that they be taken into Custody."

Allen & al. attached.

Upon Report from the Lords Committees appointed to consider of Libels lately dispersed, pretended to be Minutes of the Proceedings of the House of Lords, "That, upon Examination, they find that Allen, Horton, and Cree, are guilty of writing and dispersing some of the said Libels:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, do forthwith attach the Bodies of the said Allen, Horton, and Cree, and keep them in safe Custody until further Order; and this shall be a sufficient Warrant on that Behalf.

To Sir David Mitchell, Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.

Adjourn.

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