House of Lords Journal Volume 20: 14 May 1717

DIE Martis, 14 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Rochfort versus Nugent.

Counsel (according to Order) were called in, to be heard, upon the Petition and Appeal of Robert Rochfort Esquire, whereunto Ridgeley Nugent Gentleman is Respondent.

And the Counsel for the Appellant proceeded accordingly; and producing a Common Recovery, suffered by Walter Nugent of Portlomon Esquire, in Easter Term 1675, the same was read.

And they then offering to read Deeds of Lease and Release, declaring the Uses of the said Recovery:

The Respondent's Counsel opposed reading thereof; alledging, "The same were not read in the Court below."

And the Appellant's Counsel insisting on reading the said Deeds:

They were directed to withdraw.

And being accordingly withdrawn; and Debate had in relation to this Matter:

The Question was put, "Whether the said Deeds of Lease and Release shall be permitted to be read?"

It was Resolved in the Affirmative.

Then the Counsel were again called in; and the Lord Chancellor acquainted the Appellant's Counsel, "The House was of Opinion, the said Deeds should be read."

Which were read accordingly; as also several Proofs in the Cause.

And the Counsel for the Appellant having been fully heard, and the Respondent's Counsel beginning to plead in Answer thereunto; they were directed to withdraw.

And being withdrawn accordingly;

Ordered, That this House will proceed to the further Hearing of the said Cause, To-morrow Morning.

Bp. Exeter to preach 29th Inst.

Ordered, That the Lord Bishop of Exeter be, and is hereby, desired to preach before this House, in the Abbey Church, Westminster, on the Twenty-ninth Day of this Instant May; being the Day appointed by Act of Parliament for a public Thanksgiving, for the Restitution of the Royal Family, and Restoration of the Government.

Mrs. Richmond's Petition referred to Judges.

Upon reading the Petition of Susannah Richmond Widow, Mother and Guardian of Thomas Richmond, an Infant, on Behalf of herself and the said Infant; praying, "That Leave may be given to bring in a Bill, to vest the Real Estate of Thomas Richmond, late of Malden, in the County of Essex, Esquire, deceased, in Trustees, to be sold, for Payment of his Debts, Legacies, and Funeral Charges; and that the Residue, if any be, may be employed for the Benefit of the said Infant:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. Baron Mountague and Mr. Baron Fortescue; 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.

Ambrose versus Ambrose; a Guardian assigned, to put in an Answer for an Infant.

The Clerks having informed the House, "That, in Pursuance of their Lordships Order on Wednesday last, they had inspected the Journals, as to any Appointments made of Guardians to put in Answers to Appeals in this House, on the Behalf of Infants; but find no Instances of such Appointments:"

And the House being informed, "Thomasin Ambrose, an Infant, One of the Respondents to the Appeal of Elizabeth Ambrose depending in this House, with Christopher Tower her Uncle, attended, whom she desired might be assigned her Guardian;" they were called in:

And the said Christopher Tower, at the Bar, consenting to be her Guardian, for the putting in a proper Answer to the said Appeal; he was accordingly assigned her Guardian for that Purpose.

Newman et al. Petition referred to Judges.

Upon reading the Petition of William Newman Esquire and Anne his Wife, Timothy Lannoy and James Wittewrong Esquires, surviving Trustees in the Marriage Settlement of the said William and Anne Newman; praying, "That Leave may be given to bring in a Bill, for vesting Part of the said William Newman's Estate, in the Petition mentioned, in Trustees, to be sold; he settling other Estates to such Uses as the Estate intended to be sold stands settled:"

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer 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.

Precedents of Appeals from the House of Lords in Ireland; Committee revived.

Ordered, That the Committee appointed to consider of the Appeal of Maurice Annesley Esquire, complaining of a Decree of the House of Lords in Ireland, and to inspect Precedents as to Matters of the like Nature, be revived; and meet To-morrow, at Eleven a Clock.

Adjourn.

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