House of Lords Journal Volume 19: 28 April 1714

DIE Mercurii, 28 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Stamford takes the Oaths.

This Day Thomas Earl of Stamford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Watkins' Petition referred to Judges.

Upon reading the Petition of Samuel Watkins, William Watkins, John Watkins, and several others, whose Names are subscribed; praying Leave to bring in a Bill, for Sale of the Real Estate of John Watkins Esquire, deceased (not settled in Jointure upon his Wife); and, with the Money arising thereby, to satisfy his Debts; and distributing the Residue thereof to and among his Daughters and Younger Children:

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 Dormer and Mr. Justice Eyre; 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.

Scrope's Petition referred to Judges.

Upon reading the Petition of Simon Scrope, of Danby upon Yore, in the County of York, Esquire, and Frances his Wife, Ralph Sheldon, of Weston, in the County of Warwick, Esquire, John Scrope and Nathaniel Piggott, Esquires; praying Leave to bring in a Bill, for Sale of some of the Out Parts of the Estate included in the Marriage Settlement of the said Simon Scrope, for Payment of his Debts, and for making Provision for his Wife and Children:

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. Baron Bury and Mr. Baron Price; 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.

The Lord Chief Baron of Her Majesty's Court of Exchequer, in the usual Manner, brought up Two Writs of Error; wherein,

Dutchess Hamilton et al. versus Browne, in Error.

Elizabeth Dutchess Dowager of Hamilton and Brandon et al. are Plaintiffs,

And

George Browne Gentleman is Defendant.

Booth versus E. Warrington:

After hearing Counsel, upon the Petition and Appeal of George Booth Esquire, and the Answer of George Earl of Warrington put in thereunto:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House will hear One Counsel of a Side, to the following Points:

"1st, Whether, supposing such a Fraud to have been committed as charged by the Plaintiff's Bill, an Action at Law might have been maintained, and the Plaintiff thereby repaired in Damages for what he had suffered by reason of the Fraud?"

"2dly, Supposing such an Action might have been maintained at Law, at what Time the Cause of Action accrued?

"3dly, Supposing the Fraud not to have been discovered till Six Years after the Cause of Action accrued, whether a Court of Equity be barred from giving Relief in such Case, on a Bill to be commenced after the Six Years?"

Judges to attend.

Ordered, That all the Judges do attend this House To-morrow, at Twelve a Clock.

Roper versus Hewet et al.

Ordered, That the Hearing of the Cause, wherein Edward Roper Esquire is Appellant, and Robert Hewet and others are Respondents, which was appointed Tomorrow, be put off to Friday next, at Twelve a Clock; and that all the Judges do then attend this House, and the Lords to be summoned; and that the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.