House of Lords Journal Volume 20: 5 March 1717

DIE Martis, 5 Martii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Eglesham versus Partis:

Whereas, this Day being appointed, for hearing the Cause upon the Appeal of John Eglesham, presented to this House the 25th Day of June last; complaining of a Decree made by the Master of the Rolls the 9th Day of November 1714, and the Confirmation thereof by the Lord Chancellor the 20th of December 1715, in a Cause wherein Francis Partis was Plaintiff, and the Appellant Defendant; and praying, "That the same may be reversed:"

Counsel accordingly appeared for the Respondent.

But neither the Appellant appeared, nor Counsel to plead in Maintenance of his Appeal; but only One of the Counsel who signed the same, in order to excuse himself, alledging, "He was not instructed, nor had been applied to farther in relation to the said Cause."

And the Counsel for the Respondent praying exemplary Costs may be awarded by this House:

Judgement affirmed, with Costs.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decrees be, and are hereby, affirmed; and that the Appellant do pay, or cause to be paid, to the Respondent, the Sum of Forty Pounds, for his Costs in respect of the said Appeal; and further, that the Court of Chancery be, and is hereby, declared to be at Liberty, notwithstanding this Appeal, to proceed upon the Reservation contained in the said Decree of the Master of the Rolls, whereby the Respondent is allowed to apply to the said Court for his Costs of Suit, if the Appellant should give him any farther Trouble in the Matter of the said Cause.

Mason versus Sir Bybye Lake & al.

Upon reading the Petition and Appeal of Charles Mason Esquire; complaining of a Decree of the Court of Chancery, made the 9th of December 1713, in certain Causes, wherein Sir Bybye Lake Baronet, Son, Heir, and Executor, of Thomas Lake Esquire, was Plaintiff, and the Appellant and others Defendants; and the Appellant Plaintiff, and the said Sir Bybye Lake and others Defendants; and praying, "That the said Decree, so far as the same extends to charge the Five Thousand Pounds Principal Money and the Interest thereof upon the Petitioner's Estate, or to sell the same for Payment and Satisfaction thereof, may be reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir Bybye Lake, and Joseph Newell, George Newell, Charles Turner, and Mr. Attorney General, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant March.

Lawrence versus Lawrence.

Upon reading the Petition and Appeal of Giles Lawrence; complaining of a Decree made by the present Lord High Chancellor, the 5th of December 1715, in a Cause wherein the Appellant was Plaintiff, and Dulcibella Lawrence Widow and others Defendants; and praying, "That so much of the said Decree as concerns the Matter of Dower of the said Dulcibella may be reviewed and reversed, and the Petitioner relieved:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Dulcibella Lawrence may have a Copy of the said Appeal; and shall and is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the Nineteenth Day of this Instant March.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.