House of Lords Journal Volume 20: 6 December 1717

DIE Veneris, 6 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Clerke versus Moore.

Upon reading the Petition and Appeal of Sir Robert Clerke; complaining of a Decree made in the Court of Chancery, by Mr. Justice Eyre, in the Absence of the Lord Chancellor, on the Twenty-second Day of June last, in a Cause wherein George Moore was Plaintiff, and the Appellant and Peter Peele Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said George Moore 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 Friday the Twentieth Day of this Instant December.

Shovell & al. versus L. Cheney, &c.

Upon reading the Petition and Appeal of Dame Elizabeth Shovell, Widow and Executrix of Sir John Norborough Knight, and John Hill Esquire deceased, Henry Husey Esquire and Elizabeth his Wife, Executrix of Isaac Foxcroft Esquire deceased, and Anne Nicholson Widow and Executrix of Francis Nicholson Esquire deceased; complaining of a Decree made by the Lord High Chancellor of Great Britain, on the Twentieth of May 1715; and also of an Order made by his Lordship, the Ninth of November: 1716, on arguing Exceptions to the Master's Report, in a Cause wherein Arthur Moore Esquire was Plaintiff, and the Appellants and the Right Honourable William Lord Cheney, surviving Executor of Christopher late Duke of Albemarle deceased, and others, were Defendants; and praying, "That the said Decree and Order, on arguing the said Exceptions, may be reversed and set aside, so far as the same relate to the said Moore's pretended stated Accompt and Interest; and likewise that the said Decree may be reversed and set aside, so far as the same relates to the Executors of the said Duke of Albemarle, whereby they are exempted from being obliged to pay any Thing towards the said Moore's Demands upon the said Accompt, (fn. 1) than what they were charged with the Payment of by the former Decree; and that the Lord Cheney, surviving Executor of the said Duke, may be decreed to pay the said Duke's Share and Proportion of the Cost of the Suit, and of what shall be reported due to the said Mr. Moore for Interest; and that the Petitioners may have such other Relief as this House shall think fit:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Cheney and Arthur Moore 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 Friday the Twentieth Day of this Instant December.

Nicholetts' Petition referred to Judges.

Upon reading the Petition of Anne Mary Nicholetts, Widow to Gilbert Nicholetts Esquire, deceased, on Behalf of herself and Gilbert Nicholetts her Son, an Infant of the Age of Three Years, and Mary Nicholetts and Anne Nicholetts Spinsters; praying Leave to bring in a Bill, to vest an Estate, in the Petition mentioned, lying in the Counties of Hereford, Worcester, and Salop, in Trustees, to sell so much thereof as will pay off the Portions to the Petitioners Anne and Mary, and their Maintenance-money allowed by their Father's Will; and for other Purposes in the Petition expressed:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer 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.

Late L Nairn allowed the Benefit of the General Pardon.

Whereas, by Order of this House, on Thursday the Twenty-first of the last Month, the Appearance of William Murray late Lord Nairn, on his Recognizance entered into before One of the Judges of the Court of King's Bench, was, by Reason of his Indisposition, respited for a Fortnight; which Time expired Yesterday:

But, the House not then sitting, their Lordships were informed, "That the said William Murray late Lord Nairn was now attending, in order to appear, pursuant to the said Recognizance, to plead His Majesty's most Gracious, General, and Free Pardon."

Then the Habeas Corpus, Return, and Recognizance, which had been delivered in by the Clerk of the Crown, was read.

And the said William Murray late Lord Nairn was called in. And the Lord Chancellor, by Direction of the House, acquainted him, "That it appeared, by the Records of this House, he had been and stood attainted of High Treason." And asked him, "What he had to say, why he should not be remanded to The Tower of London?"

Then he, upon his Knees, having prayed the Benefit of the Act for His Majesty's most Gracious, General, and Free Pardon, was directed to withdraw.

And the House agreeing he should be allowed the Benefit of the said Act, as to his Life and Liberty, pursuant to a Clause therein:

The said William Murray late Lord Nairn was again called in; and acquainted, by the Lord Chancellor, "That the House, having considered of his Prayer, did allow him the Benefit of the Pardon pleaded by him, as to his Life and Liberty, according to the said Act." And his Lordship declared to him, "That his Recognizance was discharged; and he might depart, without any farther Day given for his Appearance."

And he accordingly withdrew.

Adjourn.

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