House of Lords Journal Volume 18: 28 November 1707

DIE Veneris, 28 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Bazil Earl of Denbigh, Thomas Lord Leigh, and William Lord Craven, took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, and also made and subscribed the Declaration, pursuant to the Statutes.

Thomas versus Gardiner.

The Lord Chief Justice of the Court of Queen's Bench, in the usual Manner, brought up a Writ of Error, wherein Snelling Thomas is Plaintiff, and John Gardiner Defendant.

Puleston & al. versus Puleston & al.

Upon reading the Petition and Appeal of Dame Martha Puleston, Widow and Relict of Sir Roger Puleston Knight deceased, Priscilla Puleston, and Martha Puleston, Daughters of the said Sir Roger Puleston, both Infants, by the said Dame Martha Puleston their Mother and next Friend, from an Order and Decree made in the Court of Chancery, in a Cause there depending, between the Petitioners Plaintiffs, and Thomas Puleston Esquire and others Defendants, the Twenty-third Day of February One Thousand Six Hundred Ninety-eight; and also from another Order or Decree, made upon the Re-hearing of the said Cause, the Seven and Twentieth Day of July One Thousand Six Hundred Ninety-nine; and all other subsequent Orders and Proceedings grounded thereupon, in respect to several Annual Payments in the Decree mentioned; and praying, "That the same may be reversed and set aside; and that the said Thomas Puleston, an Infant, Son and Heir Apparent of the said Sir Roger Puleston, Philadelphia Ryder, Widow and Executrix of Thomas Ryder Esquire deceased (who was the surviving Executor and Devisee named in the last Will and Testament of the said Sir Roger Puleston) and Barnham Ryder Esquire, Son and Heir, and also the other Executor, of the said Thomas Ryder, may answer the said Appeal; and that Notice of this Order to their several Clerks in Court may be good Service, in order thereunto:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Puleston, Philadelphia Ryder, and Barnham Ryder, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers to the same, in Writing, on Friday the Twelfth Day of December next, at Eleven a Clock in the Forenoon; and that the Service of this Order upon their Clerks in Chancery shall be good Service, in order thereunto.

Robinson & al. versus Fugill.

Upon reading the Petition and Appeal of Jane Robinson, Mary Robinson, and Charles Robinson, from several Decrees made in the Court of Exchequer, the Twenty-fifth Day of June One Thousand Seven Hundred and Six, and the Fifteenth Day of May last; praying, "That John'th'n Fugill may answer thereunto, and stand to the Judgement of this House, touching the Matters therein complained of; and that the Service of the Order of this House on the Respondent's Clerk in Court, or Attorney at Law, may be good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Jonathan Fugill may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Twelfth Day of December next, at Eleven a Clock in the Forenoon; and that the Service of this Order upon the Respondent's Clerk in the Exchequer, or Attorney at Law, shall be good Service, in order thereunto.

Worts versus Pern.

Upon reading the Petition and Appeal of William Worts Gentleman, surviving Executor of his late Father William Worts, from a Decree made in the Court of Chancery, the Second Day of May last, and the Affirmation thereof, on a Re-hearing, the Seven and Twentieth of October last, on the Behalf of John Perne Esquire; and praying, "to be relieved against the said Decree:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Perne may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Twelfth Day of December next, at Eleven a Clock.

Blagrave versus Parran.

Upon reading the Petition and Appeal of Constance Blagrave, Henry Izard and Jane his Wife, Thomas Roberts and Mary his Wife, which said Constance, Jane, and Mary, are Daughters and Coheirs of William Blagrave deceased, from a Decree of the Court of Chancery, made the Nineteenth Day of April, One Thousand Seven Hundred and Three, on the Behalf of John Parran; and praying, "the same may be reversed, and the Petitioners relieved according to Justice:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said John Parran may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Twelfth Day of December next, at Eleven a Clock in the Forenoon.

Langley & al. versus Baldwin & al.

Upon reading the Petition and Appeal of Peter Langley Esquire, Second Son, and Administrator, with the Will annexed, of Jonathan Langley Esquire, the Elder deceased, and John Langley Gentleman, Eldest Son and Heir Apparent of the said Peter Langley, from a Decree of Dismission made in the Court of Chancery, the Seven and Twentieth Day of June, One Thousand Seven Hundred and Seven, on the Behalf of Edward Baldwin Gentleman, Devisee and Executor of Jonathan Langley Esquire, the Younger deceased, (who was Son and Heir of Sir Henry Langley deceased, and Grandson and Heir of the First Testator Jonathan Langley) Richard Tolson, John Martin, Sharnall Sturman, John Johnson, George Fowler, and others; and praying, "That the same may be reversed, and the Petitioners relieved, according to Justice:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Edward Baldwin, Richard Tolson, John Martin, Sharnal Sturman, John Johnson, George Fowler, and 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 Friday the Twelfth Day of December next, at Eleven a Clock.

State of Trade delivered.

The Earl of Stamford, pursuant to the Order of this House of the Twelfth Instant, from the Commissioners of Trade, delivered a State or Representation of the Trade of this Kingdom, with their Observations thereupon, from the Time to which their last Representation did extend.

E. Exeter's Petition referred to Judges.

Upon reading the Petition of John Earl of Exeter; praying Leave to bring in a Bill, to revoke a Settlement made in and by an Indenture, dated the Sixteenth Day of January One Thousand Six Hundred Ninety-five; and to confirm and make good another Settlement, dated in the Year One Thousand Six Hundred Ninety-nine, with such Alterations thereof, for the Benefit of the Petitioner's Family, as have been thought requisite by the Petitioner and his Countess, and the Lady Brownlowe her Mother:

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 Common Pleas and the Lord Chief Baron of the Court of Exchequer; who are forthwith to summon all Parties that are to be 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 concerned in the Consequences of the Bill have signed the Petition.

E. Orrery's Petition referred to Judges.

Upon reading the Petition of Charles Earl of Orrery of the Kingdom of Ireland; praying Leave to bring in a Bill, to ratify and confirm a Power in a Settlement in the Petition mentioned, for leasing Lands and Tenements, and all and every the Leases made, or to be made, in Pursuance thereof:

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. Justice Gould and Mr. Baron Bury; who are forthwith to summon all Parties that are to be 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 concerned in the Consequences of the Bill have signed the Petition.

Neville & al. versus Sir H. Johnson.

Whereas Monday next was appointed, for hearing Counsel, upon the Petition of Richard Nevill Esquire, and others Executors, and Henry Grey and Henry Fane Esquires, Residuary Legatees, of the late Lord Lovelace deceased, Appellants; and the Answer of Sir Henry Johnson and the Lady Martha his Wife Respondents: And it being moved, on the Behalf of the Respondents, "That, in regard their Counsel could not be ready, another Day may be appointed for hearing thereof:"

It is this Day 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 Ninth Day of December next, at Eleven a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, primum diem Decembris jam prox. futur. hora undecima Auroræ, Dominis sic decernentibus.