House of Lords Journal Volume 20: 18 January 1716

DIE Mercurii, 18 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Archbishop of Canterbury takes the Oaths.

This Day William Lord Archbishop of Canterbury took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bishop of Gloucester to preach 30th Inst.

Ordered, That the Lord Bishop of Gloucester be, and he is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the Thirtieth Day of this Instant January.

Message from H. C. with a Bill.

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

With a Bill, intituled, "An Act for continuing an Act of this present Session of Parliament, intituled, An Act to empower His Majesty to secure and detain such Persons as His Majesty shall suspect are conspiring against His Person and Government;" to which they desire the Concurrence of this House.

Habeas Corpus Act, to suspend, Bill.

The said Bill was read the First Time, and ordered to be read a Second Time To-morrow Morning.

Ld. Faulkland, Possession of the late Mr. Bertie's Estate, to be delivered to him.

The Earl of Clarendon reported from the Lords Committees, to whom was referred the Consideration of the Petition of the Right Honourable Lucius Henry Lord Viscount Faulkland; reciting, "That John Cary, late of Stanwell, in the County of Midd'x, Esquire, did, by his last Will and Testament, in Writing, dated the Tenth of September 1685, give and devise all his Estate (except as therein is excepted) in Trust for the Honourable Elizabeth Willoughby, on the Condition therein expressed; and also directed all his Personal Estate (except his Plate) in and about his Mansion-house at Stanwell, should be preserved, for the Benefit of such who by Virtue of his Will should enjoy the said Mansionhouse at Stanwell and Estate there; and the said John Cary dying, and the Appointment in the said Will not being fulfilled, the Petitioner, by his next Friend, exhibited his Bill in Chancery, against James Bertie Esquire and Elizabeth his Wife, for Possession of the said Estate; and they also exhibited their Bill against the Petitioner, claiming also the same Estate; and the Cause being heard on the 26th of January 1697, by the then Lord Chancellor, Mr. Bertie's and his Wife's Bill was dismissed, and Possession of the Estate was decreed to be forthwith delivered to the Petitioner, and an Accompt of the Profits thereof from the Death of Mr. John Cary, or the Lord Faulkland, that died last; and the Trustees to execute a Conveyance to the Petitioner according to the said Will, and an Accompt of the Personal Estate was also decreed; and the Consideration of Costs was reserved; and the Recognizance given by the Petitioner to be vacated, and it was referred to Mr. Pitt;" and further reciting, "That the said Mr. Bertie and his Wife afterwards appealed to this House against the said Dismission and Decree; and the said Cause being heard on the 21st of March 1697, their Lordships did order and adjudge, "That the Trustees should forthwith execute Conveyances, whereby all the Manors, Lands, Tenements, and Hereditaments, of the said John Cary, by his last Will devised unto them, should be assured unto, or to the Use of, the said Elizabeth Bertie for her Life, with Remainder to the Petitioner and the Heirs Males of his Body, with Remainder to the right Heirs of the said John Cary for ever; and that there should not be any Accompt of the Profits of the said Premises for the Time past; and that the Goods of the said Mr. Cary should go and remain according to the Directions of his Will; and that so much and such Part of the said Order of Dismission, and of the said Decree, on the Behalf of the Petitioner, as was contrary to, or inconsistent with, the said Judgement, should be, and is hereby reversed:" That, pursuant to the said Judgement, the said Mr. Bertie and Elizabeth his Wife enjoyed the said Estate till about the Twenty-sixth of September last, when the said Elizabeth Bertie died, whereby the said Estate is vested in the Petitioner;" and praying, "That the said Order and Judgement of this House may be revived, and carried into Execution; that the Trustees may be obliged forthwith to execute Conveyances of the Estate, pursuant to their Lordships said Judgement; and that Possession of the Estate and Goods in the Mansion-house at Stanwell may be forthwith delivered to the Petitioner:"

"That the Committee have considered the said Petition, and heard Counsel for the Petitioner, as also Counsel for the said Mr. Bertie; and also inspected Precedents touching Directions given by this House to the Court of Chancery, in relation to Judgements on hearing Appeals; and are of Opinion, That Possession of the Lands, Tenements, and Hereditaments, devised by the Will of the said John Cary, and which were decreed by the House of Lords to be conveyed as aforesaid, be ordered to be forthwith delivered, by the said Mr. Bertie and the respective Tenants of the said Estate, to the Petitioner, except the said Mansion-house at Stanwell, with the Appurtenances, of which Possession ought not to be delivered to the Petitioner till after the Court of Chancery have settled what Goods are to go along with the said Mansion-house; and that it be referred to the said Court, to distinguish and ascertain what Goods are, by virtue of the Will of the said John Cary, to be held and enjoyed with the said Mansion-house, and what belongs to the said Mr. Bertie; and, after the Allowance of a convenient Time for removing such Goods as shall be found to belong to the said Mr. Bertie, Possession be likewise ordered to be delivered to the Petitioner of the said Mansionhouse and Appurtenances; and that the Court of Chancery be also directed to cause proper Conveyances to be prepared, and executed by all proper Parties, according to the said Judgement of this House, and to carry on into Execution any other Matter contained in the said Judgement, or in the said Decree of the Court of Chancery, not reversed or altered by the said Judgement."

Which Report, being read by the Clerk, was agreed to by the House; and thereupon,

Ordered, That Possession of the Lands, Tenements, and Hereditaments, devised by the Will of the said John Cary, and which were decreed by this House to be conveyed as aforesaid, be forthwith delivered, by the said Mr. Bertie and the respective Tenants of the said Estate, to the Petitioner; except the said Mansion-house at Stanwell, with the Appurtenances, of which Possession ought not to be delivered to the Petitioner till after the Court of Chancery have settled what Goods are to go along with the said Mansion-house: And it is hereby referred to the said Court of Chancery, to distinguish and ascertain what Goods are, by virtue of the Will of the said John Cary, to be held and enjoyed with the said Mansion-house, and what belongs to the said Mr. Bertie; and that, after a convenient Time is allowed for removing such Goods as shall be found to belong to the said Mr. Bertie, Possession is hereby likewise ordered to be delivered to the Petitioner of the said Mansion-house and Appurtenances; and the Court of Chancery is hereby also directed to cause proper Conveyances to be prepared, and executed by all proper Parties, according to the said Judgement of this House, and to carry on into Execution any other Matter contained in the said Judgement, or in the said Decree of the Court of Chancery, not reversed or altered by the said Judgement.

Then an Addition was proposed to be made thereunto.

And the same was agreed, in the Words following; videlicet,

"And it being alledged, that several of the said Lands, Part of the Estate directed to be forthwith put into the Petitioner's Possession, were, at the Time of the Death of the said Elizabeth Bertie, manured and ploughed, and Seed then sown on the said Lands, or provided ready for that Purpose; for which the Petitioner is willing an Allowance should be made: It is therefore hereby further directed, That the Court of Chancery do make such Allowance to the said Mr. Bertie, in respect thereof, as to that Court shall seem just and reasonable."

Adjourn.

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