House of Lords Journal Volume 18: 3 February 1708

DIE Martis, 3 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

French et ux. versus Chichester et al.

Whereas Saturday next is appointed for hearing of the Cause wherein John French and his Wife are Appellants, and Arthur Chichester and others Respondents:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on the Ninth Instant, at Eleven a Clock; and that all the other Causes appointed to be heard shall be removed, to come on in Course.

Church Statutes Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the avoiding of Doubts and Questions touching the Statutes of divers Cathedral and Collegiate Churches."

Ordered, That the said Bill be read a Second Time on Friday next, at Eleven a Clock.

E. of Bindon et al. versus Davies et al;

After hearing Counsel upon the Petition of Appeal of the Right Honourable Henry Earl of Bindon (Son and Heir Apparent of the Right Honourable Henry Earl of Suffolke); the Honourable Edward Howard and Charles Howard Esquires, (Two other Sons of the said Earl of Suffolke); John Pitt Esquire and the Lady Diana his Wife, Daughter of the said Earl; from a Decree made in the Court of Chancery the Seventeenth Day of June last, on the Behalf of the said Henry Earl of Suffolke, the Right Honourable Anne Countess Dowager of Suffolke (surviving Executors of James late Earl of Suffolke deceased); Sir William Russell Baronet, Thomas Marriott Esquire, Susannah Coppinger Spinster, Executrix of Mary Coppinger Widow, deceased (who was Administratrix of Ralph Coppinger, deceased); John Davies and Margaret his Wife; and praying, "That the said Decree be so far reversed, as it relates to the Allowance of the Sixth Part of the Twenty Thousand Pounds therein mentioned, and ordering an Accompt to be taken of the Interest of the said Sixth Part of the said Twenty Thousand Pounds, and the Dismission of the Plaintiff's Bill, with Costs, in case the said Earl of Bindon shall make Default of paying to the Defendant Davies and his Wife, at such Time and Place as the Master shall appoint, a Sixth Part of the said Twenty Thousand Pounds, with Interest, as aforesaid, may be reversed:" As also upon the Answers of the said Henry Earl of Suffolke, Anne Countess Dowager of Suffolke, Susannah Coppinger Spinster; the Answer of John Davies and Margaret his Wife; and also the several Answers of Sir William Russel and Thomas Marriott put in thereunto; and due Consideration 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 of the Court of Chancery shall be, and is hereby, so far reversed, as it relates to the Allowance of the Sixth Part of the Twenty Thousand Pounds therein mentioned, and Interest, and which orders an Accompt to be taken of the Interest of the Sixth Part of the said Twenty Thousand Pounds, and the Dismission of the Plaintiff's Bill, with Costs, in case the said Earl of Bindon, shall make Default of paying to the Defendant Davies and his Wife, at such Time and Place as the Master shall appoint, a Sixth Part of the said Twenty Thousand Pounds, with Interest, as aforesaid: And it is further Ordered and Adjudged, That the Trustees, Sir William Russell and Thomas Marriott, shall forthwith execute Conveyances of the Premises in Question, unto the Appellant Henry Earl of Bindon and his Heirs, or to such others as he shall appoint.

Adjourn.

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