House of Lords Journal Volume 18: 5 December 1707

DIE Veneris, 5 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lilly versus Cholmondley.

Upon reading the Petition and Appeal of William Lilly, from a Decree made in the Court of Chancery, the Seven and Twentieth of January One Thousand Seven Hundred and Three, and Two several Orders, the one of the Thirteenth of December One Thousand Seven Hundred and Five, and the other of the Six and Twentieth of November last, on the Behalf of George Cholmondley Esquire; and praying, "That the said Decree and Orders may be set aside and altered; and that the said George Cholmondley may answer to the said Petition:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Cholmondley 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 Nineteenth Day of this Instant December, at Eleven a Clock.

Calthorpe & al. versus May & al.:

After hearing Counsel, upon the Petition and Appeal of Reynolds Calthorpe Esquire and Samuel Battely Gentleman, from 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 the Appellants Bill, in respect to their Title to the Lands called Rockett's Castle, &c. passed to Sir Algernon May, and the said Dame Dorothy, and his Heirs, the same being contrary to the Settlement of April One Thousand Six Hundred and Sixty-two, may be reversed;" and also, That the said Decree, in respect to the Vendees of the Woods having their Bargain in all Events, may be also reversed, Sir Algernon having no Estate in the said Woods at the Time of his settling the same;" and also, "That the Petitioners and Appellants may, by Virtue of the said Deed of One Thousand Six Hundred and Sixty-two, not only have an Account of the Profits of the Lands passed to Sir Algernon and Dorothy, and her Heirs, from the Death of the said Sir Algernon, but also from the Death of the said Dorothy, the said Sir Algernon having no other than an usurped Interest therein after her Death, under Colour of the Deed of One Thousand Six Hundred and Sixty-eight, contrary to the said Deed of One Thousand Six Hundred Sixty and Two:" And also upon the several Answers of Charles May, Mary May, Anne Fuller, Frances Langrish alias Plowden, John Kent, William Harrison, James Ecles, and Redmond Geraldine, put in thereunto; and due Consideration of what was offered thereupon:

Judgement.

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree of the Eighth of November One Thousand Seven Hundred and Six, so far as it relates to the Dismission of the Petitioners the Appellants Bill, in respect to the Lands passed to Sir Algernon and Dame Dorothy, and his Heirs; and as to the Woods sold by Sir Algernon May, and also as to the Appellants not having an Account of the other Lands passed to Sir Algernon, and Dorothy and her Heirs, from the Death of Sir Algernon only, shall be, and is hereby, reversed: And it is further Ordered and Adjudged, That the Appellants Reynolds Calthorpe and Samuel Battely shall have and enjoy all the Lands and Tenements passed to Sir Algernon May, and the said Dame Dorothy, and his Heirs; to hold the same to them, the said Reynolds Calthorpe and Samuel Battely, according to their respective Interests and Claims under the said Deed of One Thousand Six Hundred Sixty and Two; and that such of the said Respondents as are liable to pay the same shall be accomptable to the said Reynolds Calthorpe and Samuel Battely, for the Profits thereof, from the Death of the said Dame Dorothy; and also, that the several Vendees of the Woods shall accompt to the said Reynolds Calthorpe and Samuel Battely, for the Woods they have cut down, and taken off the Premises, by virtue of the Sale made to them by the said Sir Algernon; and also, that such of the said Respondents as are liable to pay the same shall accompt to the said Reynolds Calthorpe and Samuel Battely, for the Profits of all the Lands passed to Sir Algernon, and Dame Dorothy and her Heirs, from the Death of the said Dame Dorothy; subject nevertheless to the Payment of the One Thousand Pounds devised by the last Will and Testament of Sir Algernon May to the said Mary May, in such Manner as by the said Decree is directed: And it is further Ordered and Adjudged, by and with the Consent of the Appellants, That the said Appellants shall and will discharge, and pay off, a certain Mortgage, charged by Sir Algernon May on some Part of the Premises in Question, for Two Hundred Pounds, and Interest, to the Respondent Anne Fuller; she, the said Anne Fuller, thereupon assigning the said Security, and delivering up all the Writings relating thereto in her Custody or Power; and that the Court of Chancery in Ireland do direct the same to be done accordingly.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, sextum diem instantis Decembris, hora duodecima, Dominis sic decernentibus.