House of Lords Journal Volume 19: 4 May 1714

DIE Martis, 4 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cherry et al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Cherry, Widow and Relict of Francis Cherry Gentleman, deceased, and of Sarah, Anne, and Elizabeth, her Daughters, Children and Coheirs of the said Francis Cherry, and of Charles Austin surviving Executor and Devisee of William Cherry Esquire, deceased; and of Henry Penton Esquire, Richard Whitfield Gentleman, Barbara Porter Widow, and John Whitfield Esquire, Creditors of the said Francis Cherry; praying Leave to bring in a Bill, for Sale of the Messuages, Lands, Tenements, and Hereditaments, contained in the Marriage Settlement of the said Francis Cherry, and raising the Sum of Eight Thousand Five Hundred Pounds, for the Benefit of his Wife and Children; and for Sale of divers other Lands, for the Payment of Debts of the said Francis Cherry and William Cherry, and other Purposes, in the Bill to be mentioned:

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 Blencowe and Mr. Justice Tracy; 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.

Message from H. C. with a Bill.

A Message was brought from the House of Commons, by Mr. Ferrier and others:

With a Bill, intituled, "An Act for allowing a Drawback upon the Exportation of Salt to be made Use of for the curing of Fish taken at North Seas, or at Isleland;" to which they desire the Concurrence of this House.

Dupree, Nat. Bill.

Upon reading the Petition of Samuel Dupree; praying Leave to bring in a Bill, for his Naturalization:

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

Dutchess Hamilton et al. Time to assign Errors.

The House being moved, "That Elizabeth Dutchess of Hamilton and Brandon and others, Plaintiffs in Two Writs of Error depending in this House, wherein George Brown is Defendant, may be allowed Eight Days Time longer for assigning Errors thereupon, the Records being very long:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Plaintiffs in the said Writs of Error have Time allowed for assigning Errors, until Thursday the Thirteenth Day of this Instant May.

Baber et al. Petition referred to Judges.

Upon reading the Petition of Margaret Baber Widow, and John, Francis, Margaret, Mary, Macrina, and Catherina Baber, Sons and Daughters of the said Margaret Baber Widow, and of Charles Martin Gentleman, Administrator of the Goods and Chattels of Elizabeth his late Wife, deceased, who was another Daughter of the said Margaret Baber Widow; praying Leave to bring in a Bill, for vesting the Estate late of John Tanner Esquire, deceased, in Trustees, to be sold, for Payment of a Debt due to the Petitioners; and for applying the Surplus (if any) for the Benefit of such as shall be entitled thereunto:

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.

Sir R. Home versus Sir P. Home.

Upon reading the Petition and Appeal of Sir Robert Home Baronet, from Two Decrees, or Interlocutors, of the Lords of Council and Session in Scotland, of the 7th and 16th Days of July last, made on the Behalf of Sir Patrick Home; praying, "That the said Sir Patrick, who hath enjoyed the Benefit of the Petitioner's Real and Personal Estate, may be decreed effectually to come to an immediate Accompt and Reckoning with the Petitioner; and that the said Decrees, or Interiocutors, may be reversed; and that the Decrees, or Interlocutors, made by the said Lords of Session, the 6th of December 1712, 24th of February 1712, and 2d of July last, may be affirmed, with Costs; and that the Petitioner may be otherwise relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Patrick Home may have a Copy of the said Appeal; and shall and is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the Twenty-fifth Day of this Instant May, at Eleven a Clock.

Sir. Hard. Wasteneys versus Chappel:

After hearing Counsel, upon the Petition and Appeal of Sir Hardolph Wasteneys Baronet, from so much of a Decree made in the Court of Chancery, the Second Day of March 1712, as would entitle Charles Chappell to redeem the Leasehold Estate in the Petition mentioned, in equal Moieties with the Petitioner; and as orders the said Chappel to be let into the Possession thereof equally with the Petitioner; praying, "That the same may be reversed:" As also upon the Answer of the said Charles Chappel 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 shall be, and is hereby, dismissed this House; and that so much of the said Decree as is therein complained of shall be, and the same is hereby, affirmed.

Drawback on Salt, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for allowing a Drawback upon the Exportation of Salt, to be made Use of for the curing of Fish taken at North Seas, or at Isleland."

Kirchoff, Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Christian William Kirchhoff."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Thursday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Loggin's Divorce, Bill:

Hodie 2^a vice lecta est Billa, intituled, "An Act for dissolving the Marriage of Francis Loggin with Sarah Gardner; and to enable him to marry again."

Ordered, That the said Bill be committed to a Committee of the whole House.

Then, a Petition of Sarah Loggin, Wife of Francis Loggin, of Butlers Marston, in the County of Warwick, Gentleman, was presented to the House, and read, shewing, "That she, having no Manner of Support from her said Husband, is brought into such narrow Circumstances, as not to be in any Capacity of making a Defence;" and praying, "That she may have some Money ordered her, to enable her to make her Defence against the said Bill."

Ordered, That the said Petition be referred to the Committee of the whole House to whom the said Bill is committed; and that the House be put into a Committee thereupon on this Day Sevennight.

Loggin to pay his Wife Money, to make her Defence against the Bill.

Ordered, That the said Francis Loggin may be heard, by his Counsel and Witnesses, before the said Committee, to make good the Allegations in the said Bill: And that the Petitioner Sarah may be likewise heard, by Counsel and Witnesses, to make her Defence thereunto; and that the said Francis Loggin do, on before Thursday next, pay, or cause to be paid, to the said Sarah, Ten Guineas, in order to Fee Counsel, to enable her to make her Defence against the said Bill.

Hamilton's Petition referred to Judges.

Upon reading the Petition of Frederick Hamilton Esquire; as also of John Hook and Hannah his Wife, Susanna Ivie Spinster, and Joseph Ivie, surviving Executors, Trustees, and Residuary Legatees, of Joseph Ivie Esquire, deceased; praying Leave to bring in a Bill, to supply the Want of enrolling certain Purchase Deeds in the Petition mentioned, within the Times limited by Acts of Parliament for enrolling thereof; and for making good the Purchases, and a Contract effectual to the said Frederick Hamilton:

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 Powys Junior and Mr. Baron Banistre; 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.

Tregagle's Bill.

The Earl of Rochester reported from the Lords Committees, to whom the Bill, intituled, "An Act for Sale of the Estate of John Tregagle Esquire, deceased, lying in the Counties of Devon and Cornwal, for Payment of his Debts, and making Provision for his Children," was committed: "That they had considered the said Bill; that the Parties concerned had given their Consents; and that the Committee had made several Amendments to the Bill."

Which were read Twice, and agreed to.

Ordered, That the said Bill, with the Amendments, be engrossed.

Adjourn.

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