House of Lords Journal Volume 17: 13 October 1704

DIE Lunæ, 13 Novembris.

Domini tam Spirituales quam Temporales Præsentes fuerunt:

PRAYERS.

Writs of Error brought in.

The House being informed, "That the Lord Chief Justice of Her Majesty's Court of Queen's Bench attended, with several Writs of Error;" he was called in; and, in the usual Manner, brought into the House the said Writs of Error, with Transcripts of the Records; (videlicet,)

1. Inter Dominam Reginam & Will'um Weedon Ford.

2. Inter Joh'em Browne & Hen'cum Mug.

3. Inter Jacobum Bridger & Joh'em Dibble.

4. Inter Præbonorabilem Joh'em Howe Ar. & Joh'em Prinn Ar.

White & al. versus Allen & al.

Upon reading the Petition and Appeal of Mary White Widow and Richard Curtis Gentleman, from a Decree made in the Court of Chancery, the One and Twentieth of June One Thousand Seven Hundred and One; and an Order, upon the Hearing of the Cause, in Trinity Term One Thousand Seven Hundred and Three, for a perpetual Injunction, on the Behalf of Thomas Allen and William Grymes; and praying Relief against the last Decree in Trinity Term One Thousand Seven Hundred and Three:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Thomas Allen and William Grimes may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Thursday the Three and Twentieth Day of this Instant November, at Eleven a Clock.

Sherrington versus Harris & al.

Upon reading the Petition and Appeal of Bennet Sherrington Gentleman, One of the Coheirs of Leonard Bennet Esquire, against a Report, dated the First Day of July One Thousand Six Hundred Seventy six; and Two several Orders for confirming thereof, the one dated the Sixth Day of July One Thousand Six Hundred Seventy-six, and the other the Seventeenth of November One Thousand Six Hundred Seventy-six; and the Enrolment of the same, supposed to be made in Two Causes then depending in Chancery, one wherein Henry Double was Plaintiff, against Leonard Bennett and John Plummer Esquires Defendants; and the other, wherein the said John Plummer was Plaintiff, against the said Bennett and Double Defendants; and also against an Order made in the Court of Chancery, the Twelfth Day of May One Thousand Seven Hundred and Four, in a Cause then depending in the Court of Chancery, wherein the Petitioner was Plaintiff, against Henry Harris and Thomas Smith, the Two surviving Executors of the said Henry Double, and Thomas Bedford and Sarah his Wife, Relict of the said Henry Double, and George Nevitt and Anne his Wife, One of the Daughters of the said Henry Double, and others, Defendants; and praying "the Reversal and setting aside the Report of the First of July One Thousand Six Hundred Seventy-six, and Orders of the Sixth of July One Thousand Six Hundred Seventy-six, the Seventeenth of November One Thousand Six Hundred Seventy-six, and the Twelfth of May One Thousand Seven Hundred and Four, and to admit the Petitioner to a Redemption of the mortgaged Premises in Question:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Henry Harris, Thomas Smith, Thomas Bedford and Sarah his Wife, and George Nevitt and Ann his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Seven and Twentieth Day of this Instant November, at Eleven a Clock.

St. John versus Bennett.

Upon reading the Petition and Appeal of James St. John, Agent to Colonel Charles Herbert's Regiment of Foot, the Eighteenth Day of April One Thousand Six Hundred Eighty-nine, from an Order and Decree made in the Court of Exchequer, the Thirtieth Day of June One Thousand Seven Hundred and Three; and all subsequent Proceedings thereupon, on the Behalf of Her Majesty, at the Relation of Joseph Bennett Esquire; and praying, "That the Relator Joseph Bennett may answer to the Substance of the Petitioner's Appeal; and that all Proceedings in the Court below upon the said Decree may be stayed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Joseph Bennett may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer to the said Appeal, in Writing, on Monday the Eighth Day of January next, at Eleven a Clock; and that, in the mean Time, all Proceedings in the Court below be stayed; and that the Service of this Order upon the said Joseph Bennett's Clerk in the Exchequer shall be good Service, in order thereunto.

Wintour versus Dobyns & al.

Upon reading the Petition and Appeal of Edward Wintour, from a Decree made in Chancery, the Two and Twentieth Day of June One Thousand Seven Hundred and Two, and other Orders and Proceedings by the Master of the Rolls and Lord Keeper, on the Behalf of Robert Dobyns Esquire, Stephen Ashby, Joseph Millard, and William Pew; and praying, "That the several Orders and Decrees made by the Lord Keeper and the Master of the Rolls may be reversed; and that the Equity of Redemption of the Farm in Question may be conveyed to the Petitioner by the said Robert Dobyns and Stephen Ashby, upon Payment of what is due to the said Dobyns; the Petitioner's Title being prior to the said Millard and Pew; and that they may answer thereunto, and all Proceedings stayed:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Robert Dobyns, Joseph Millard, William Pew, and Stephen Ashby, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Monday the Eleventh Day of December next, at Eleven a Clock; and that the Service of the Respondents Clerk in Chancery shall be good Service, in order thereunto.

Count. Falkland & al. versus Ld. Cheney & al.

Upon reading the Petition and Appeal of the Right Honourable Rebecca Countess Dowager of Falkland Executrix of Anthony Lord Viscount Falkland deceased, Sir Cloudesley Shovell Knight, and Dame Elizabeth his Wife Executrix of Sir John Narborough Knight deceased, Francis Nicholson Esquire, and others, from a Decree of Dismission made in the Court of Chancery, the Fourth Day of December One Thousand Seven Hundred, on the Behalf of the Right Honourable William Lord Cheney, Sir Walter Clarges Baronet, and Peter Barwick Doctor in Physic, Executors of Christopher late Duke of Albemarle; and praying "the Reversal of the said Decree of Dismission; and that the Respondents may be Ordered to pay the Sum of Two Thousand Four Hundred Eighty-four Pounds, Six Shillings and One Penny, due to the stated Accompts with Interest and Charges; and may answer to the said Appeal:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Lord Cheney, Sir Walter Clarges Baronet, and Peter Barwick Doctor in Physic, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on Thursday the Three and Twentieth Day of this Instant November, at Eleven a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum quartum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.