House of Lords Journal Volume 20: 24 January 1718

DIE Veneris, 24 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Preston versus L. Ferrard.

Upon reading the Petition and Appeal of Mary Preston Widow, and Jenico Preston Esquire her Son, an Infant under the Age of Twenty-one Years, by James Earl of Barrymore his next Friend, and Cæsar Colclough Esquire; complaining of several Orders of the Court of Chancery in Ireland, made the Fifth and Nineteenth Days of February 1716, and the Twelfth of April, Ninth of November, and Fifth Days of December 1717, on the Behalf of Henry Lord Ferrard; and praying, "That the said several Orders may be reversed; and a Process of Contempt issued against the Petitioner Mary, for not delivering up the Person of the Petitioner Jenico, discharged:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Lord Ferrard 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 Twenty-eighth Day of February next; and that the Service of this Order on the Respondent's Clerk in the said Court shall be good Service.

Message from H. C. with a Bill.

A Message from the House of Commons, by Sir Charles Turner and others:

With a Bill, intituled, "An Act to enable George Bubb Esquire and his Issue Male to change their Surname to the Surname of Doddington;" to which they desire the Concurrence of this House.

Smith versus Evans.

Upon reading the Petition and Appeal of Thomas Smith Gentleman and Deborah his Wife, and of Charles Lopdell and John Joyce, alias Shoie; complaining of several Orders of the Court of Chancery in Ireland, made the Twenty-seventh of May, and the Sixth and Ninth of November last, in a Cause wherein Edward Evans and Susannah his Wife, William Turvin a Minor, by the said Susannah his Mother and prochein Amie, and Robert Hacket and Mary his Wife, were Plaintiffs, and the Appellants Defendants; and praying, "That the said several Orders may be reversed and set aside, and the Plaintiffs Bill dismissed:"

It is Ordered, That the said Edward Evans and Susannah his Wife, and the other Plaintiffs, 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 Twentyeighth Day of February next.

Bermingham & al. versus L. Shelburn.

Upon reading the Petition and Appeal of Edward Bermingham and Abigal his Wife, and others, Representatives of the several Officers and Soldiers of Three Regiments, commanded by Colonel Henry Pritty, Colonel Thomas Sadler, and Colonel John Cole, in the English Army, for reducing the Kingdom of Ireland, in the Rebellion of the Year 1641; complaining of an Order of the Court of Exchequer in Ireland, made the 28th of June 1716, and a Verdict of the 5th of July 1717 thereupon obtained, and of so much of an Order of the said Court of Exchequer of the 27th of November 1717 as is for dismissing the Petitioners Bill and supplemental Bill, in a Cause wherein the Appellants were Plaintiffs, and Henry Lord Baron of Shelburne Defendant; and praying, "That the said Verdict and Orders may be set aside and reversed; and that the said Lord Shelburne may be compelled to execute and discharge the Trust as to the Lands in Question, and accompt with the Petitioners for the Profits thereof:"

It is Ordered, That the said Lord Shelburne 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 Twenty-eighth Day of February next.

Austen & al. versus Nicholas:

After hearing Counsel, upon the Petition and Appeal of Robert Austen Esquire, Elizabeth Austen Widow, Thomas Eames, John Wilkins, and Edward Elkins; complaining of a Decree of the Court of Exchequer, made the Nineteenth Day of May 1715, in a Cause wherein Mathew Nicholas Clerk was Plaintiff, and the Appellants Defendants; and praying, "That the same may be reversed:" As also upon the Answer of the said Mathew Nicholas put in to the said Appeal; and due Consideration of what was offered thereupon:

Judgement affirmed.

It is Ordered and Adjudged, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the said Decree therein complained of be, and the same is hereby, affirmed.

Bridges Petition referred to Judges.

Upon reading the Petition of Harry Bridges of Keynsham, in the County of Somerset, Esquire, Eldest Son and Heir at Law of Sir Thomas Bridges, late of Keynsham aforesaid, Knight, deceased, George Bridges of Avington, in the County of Southampton, Esquire, only Son of George Rodney Bridges Esquire, late deceased, Third Son of the said Sir Thomas Bridges, and of John Mitchell the Younger, of Kingston Russell, in the County of Dorset, Esquire; praying, "That Leave may be given to bring in a Bill, pursuant to an Agreement between them, for vesting the Manor and Farm and Parsonage of Illbrewers, and other the Lands and Tenements within the said Manor, in Trustees, to be sold, for the more easy and effectual raising and paying the Portion of Five Thousand Pounds to the Daughter of the Petitioner Harry, and other Purposes in the Petition mentioned:"

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 therein; 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Sabbati, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.