Writs of Error brought in. White & al. verfus Allen & al. Sherrington verfus Upon reading the Petition and Appeal of Mary It is ORDERED, by the Lords Spiritual and Temporal verfus Upon reading the Petition and Appeal of James St. John St. John, Agent to Colonel Charles Herbert's Regiment Ber of Foot, the Eighteenth Day of April One Thousand made in the Court of Exchequer, the Thirtieth Day Six Hundred Eighty-nine, from an Order and Decree of June One Thoufand Seven Hundred and Three, and all fubfequent Proceedings thereupon, on the Behalf of Her Majesty, at the Relation of Jofeph Bennett Efquire; and praying, "That the Relator Jofeph Bennett may answer to the Substance of the Petitioner's "Appeal; and that all Proceedings in the Court be"low upon the faid Decree may be stayed:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament aflembled, That the faid Joseph Bennett may have a Copy of the faid Appeal; and fhall and he is hereby required to put in his Answer to the faid 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 ftayed; and that the Service of this Order upon the faid Jofeph Bennett's Clerk in the Exchequer hall be good Service, in order thereunto. verfus Dobyns & al. Upon reading the Petition and Appeal of Edward Wintour Wintour, from a Decree made in Chancery, the Two and Twentieth Day of June One Thoufand Seven Hundred and Two, and other Orders and Proceedings by the Mafter of the Rolls and Lord Keeper, on the Behalf of Robert Dobyns Esquire, Stephen Afbby, Jofeph Millard, and William Pew; and praying, "That the "feveral Orders and Decrees made by the Lord Keeper "and the Mafter of the Rolls may be reverfed; and "that the Equity of Redemption of the Farm in "Question may be conveyed to the Petitioner by the "faid Robert Dobyns and Stephen Afbby, upon Pay ment of what is due to the faid Dobyns; the Peti"tioner's Title being prior to the faid Millard and "Pew; and that they may anfwer thereunto, and all Proceedings ftayed:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Robert Dobyns, Jofeph Millard, William Pew, and Stephen Ashby, may have a Copy of the faid Appeal; and fhall and they are hereby required to put in their Antwer or refpective Anfwers thereunto, in Writing, on Monday the Eleventh Day of December next, at Eleven a Clock; and that the Service of the Refpondents Clerk in Chancery shall be good Service, in order thereunto. Upon reading the Petition and Appeal of Bennet Haris & al. Sherrington Gentleman, One of the Coheirs of Leonard" Bennet Efquire, against a Report, dated the First Day of July One Thousand Six Hundred Seventy-fix; and Two feveral Orders for confirming thereof, the one dated the Sixth Day of July One Thoufand Six Hundred Seventy-fix, and the other the Seventeenth of November One Thoufand Six Hundred Seventy-fix; and the Enrolment of the fame, fuppofed to be made in Two Caufes then depending in Chancery, one wherein Henry Double was Plaintiff, against Leonard Bennett and John Plummer Efquires Defendants; and the other, wherein the faid John Plummer was Plaintiff, against the faid Bennett and Double Defendants; and alfo against an Order made in the Court of Chancery, the Twelfth Day of May One Thoufand Seven Hundred and Four, in a Cause then depending in the Court of Chancery, wherein the Petitioner was Plaintiff, against Henry Harris aud Thomas Smith, the Two furviving Executors of the faid Henry Double, and Thomas Bedford and Sarah his Wife, Relict of the faid Henry Double, and George Nevitt and Anne his Wife, One of the Daughters of the faid Henry Double, and others, Defendants; and praying "the Reverfal and fetting afide the Report of the Firit "of July One Thousand Six Hundred Seventy-fix, "and Orders of the Sixth of July One Thousand Six "Hundred Seventy-fix, the Seventeenth of Novem"ber One Thoufand Six Hundred Seventy-fix, and "the Twelfth of May One Thoufand Seven Hundred "and Four, and to admit the Petitioner to a Redemp"tion of the mortgaged Premifes in Question :" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Henry Harris, Thomas Smith, Thomas Bedford and Sarah his Wife, and George Nevitt and Ann his Wife, may have a Copy of the faid Appeal, and fhall and they are hereby required to put in their Answer or refpective Anfwers thereunto, in Writing, on Monday the Seven and Twentieth Day of this Inftant November, at Eleven a Clock. • VOL. XVII. land & al. Upon reading the Petition and Appeal of the Right Count. FalkHonourable Rebecca Countefs Dowager of Falkland verfus Executrix of Anthony Lord Viscount Falkland deceased, Ld. Cheney Sir Cloudefley Shovell Knight, and Dame Elizabeth his & al.. Wife Executrix of Sir John Narborough Knight deceafed, Francis Nicholson Efquire, and others, from a Decree of Difmiffion 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 Phyfic, Executors of Chriftopher late Duke of Albemarle; and praying " the Re"verfal of the faid Decree of Difmiffion; and that the "Refpondents may be Ordered to pay the Sum of "Two Thousand Four Hundred Eighty-four Pounds, "Six Shillings and One Penny, due to the ftated "Accompts with Intereft and Charges; and may an"fwer to the faid Appeal:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid William Lord Cheney, Sir Walter Clarges Baronet, and Peter Barwick Doctor in Phyfic, may have a Copy of the faid Appeal; and fhall and they are hereby required to put in their Anfwer or refpective Anfwers thereunto, in Writing, on Thursday the Three and Twentieth Day of this Inftant November, at Eleven a Clock. 7 G Dominus Buck verfus Rawlinson & al. Mac Mahon verfus Hamilton. Ds. Pagett. Ds. Grey W. Ds. Lovelace. Ds. Howard Efc. Ds. Mobun. Ds. Culpeper. Ds. Berkeley, Comes Kent, Camera- Ds. Rockingham. rius. Comes Westmorland. Ds. Craven. Comes Manchester. Ds. Dartmouth. Ds. Guilford. Comes Feverfham. Ds. Halifax. Comes Nottingham. Ds. Harvey. Comes Bradford. Comes Orford. PRAYERS. Upon reading the Petition and Appeal of Robert Buck, from Two Orders of Difimiffion made in the Court of Chancery, the Fifteenth of June One Thousand Seven Hundred and Three, and the Two and Twentieth of May laft, on the Behalf of Sir Thomas Rawlinfon, and others, Partners in the Ship called The Royal James and Mary; and praying" the Reverfal of the faid Orders; and that Sir Thomas Rawlinson and Partners may Answer thereunto; and, in the mean Time, "all Proceedings in the Court of Chancery be stayed:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Sir Thomas Rawlinfon and Partners may have a Copy of the faid Appeal; and fhall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the Four and Twentieth Day of this Inftant November, at Eleven a Clock; and that, in the mean Time, all Proceedings in the Court below be ftayed. Upon reading the Petition and Appeal of Collo MacMahon, from a Decree and feveral Orders made in the Court of Chancery of the Exchequer in Ireland, the Second Day of June One Thoufand Seven Hundred and Four, on the Behalf of Thomas Hamilton and William Armstrong, upon hearing a fpecial Report; and praying" a Reverfal of the faid Decree and Orders, and all "other Proceedings thereupon; and that the faid "Thomas Hamilton and William Armstrong may answer "thereunto:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Thomas Hamilton and William Armstrong may have a Copy of the faid Appeal; and fhall and they are hereby required to put in their Answer or refpective Anfwers thereunto, in Writing, on Tuesday the Six and Twentieth Day of December next, at Eleven a Clock. Upon reading the Petition and Appeal of William Jones Jones, from a Decree made in the Court of Chancery, verfus for Affirmation of a Will made by Morgan Jones, and James. granting a perpetual Injunction against trying the Validity of the faid Will, which Decree and Injunction was made in Favour of Nicholas James; and praying "the "Reverfal of the faid Decree; or at leaft that the Peti"tioner may have the Liberty of trying the Validity of "the faid Will at Common Law:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament aflembled, That the faid Nicholas James may have a Copy of the faid Appeal; and fhall and he is hereby required to put in his Answer thereunto, in Writing, on Friday the Four and Twentieth Day of this Inftant November, at Eleven a Clock. Davis. The Houfe being moved, on the Behalf of William James James, "That he may have longer Time allowed verfus "him for bringing in his Writ of Error (than by the "Order of this House he is obliged), to which Thomas "Davis is Defendant; the faid William James being "fick in Gloucefter fhire, near One Hundred Miles from "London, and did not hear of the Order of this House "till Saturday làft; upon which he gave Notice to his Attorney in Town, to tranfcribe the Record:" Upon reading the Petition of Richard Nixon and Nixon & al. Daniel Irefon; fhewing, "That they have brought a verfus "Writ of Error, returnable in Parliament, in order to "reverse a Judgement lately affirmed in the Exchequer "Chamber, on a Judgement in the Queen's Bench "by Default: They have applied to have the Record "tranfmitted; but his Attorney Mr. Opie being lately "dead, and, having the Affirmetur in his Cuftody, ca nnot at prefent bring the faid Record before "this House, as by Affidavit, annexed to the Petition "and read, doth more fully appear; and praying a "further Time to procure the faid Record to be cer"tified, the fame being occafioned by Default of the "Defendant and his Attorney, and not by the Pe"titioner:" 66 It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Richard Nixon and Daniel Irefon have hereby Time allowed them, for certifying and tranfmitting the faid Record into this Houfe, until Thurfday the Three and Twentieth Day of this Inftant November, at Eleven a Clock. Books, Lords Committees appointed to confider of the Admiralty Books and Papers delivered into this Houfe, from Papers and the Admiralty-office, the Eighth Inftant, by Mr. Committee Burchet; whofe Lordships, having fent for fuch to confider. Perfons, Papers, and Records, as they fhall think fit, are, from Time to Time, to report their OpiComes Pembroke, Arch. Ebor. nion thereupon to this Houfe: Præfes. Dux Buckingham, Epus. Sarum. Epus. London. Dux Devonshire, Epus. Petrib. Senefcallus. Epus. Carliol. Dux Somerset. Comes Kent, Ca The House being informed, "That the Lord Chief" "Baron attended, with a Writ of Error:" He was called in; and, in the ufual Manner, brought into the House the faid Writ of Error, with a TranGardiner & al. fcript of the Record, between Company verfus in Error. Adjourn. The Royal Affrican Company of England Plaintiffs, and William Gardiner and others Defendants. Dominus Cuftos Magni Sigilli declaravit præfens Parliamentum continuandum effe ufque ad et in diem Mercurii, decimum quintum diem inftantis Novembris, hora undecima Aurora, Dominis fic decernentibus. DIE Mercurii, 15° Novembris. Domini tam Spirituales quam Temporales præfentes fuerunt: Strode verfus Adderley. Upon reading the Petition of Edward Strode; prayThat all the Deeds which were produced at the ang, "Hearing of his Caufe in the Exchequer, may be pro"duced according to the Proofs made thereof in the "Original Caufe; although they are not taken Notice "of in the Deputy's Minutes to have been read at the "Hearing; and that the Refpondents do produce the "Original Decree made in the faid Caufe:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That all the Deeds which were produced or read in the Court below fhall be produced the Committee for Privileges fat. Then the House was adjourned during Pleafure, and Orders for After fome Time, the Houfe was refumed. preventing Irregulaties in the House when the Queen is pre And the Earl of Rochefter reported from the faid tent: Committee, "That their Lordships having been at❝tended by Sir Chriftopher Wren, Her Majefty's Sur"veyor General, with Plans for the better Conveniency "of fuch Perfons as fhall be admitted into the Houfe "at fuch Times as Her Majefty fhall be prefent:" "Their Lordships came to the Refolutions following, "which they offer to the Confideration of the "That the Order, made the Three and Twentieth "of April One Thousand Six Hundred Ninety-fix, "which directs that no Perfon fhall be prefent in the "House, when the Queen is on the Throne, but fuch "as have a Right to be there, and fuch others as Her "Majefty fhall appoint to attend Her on the Throne, "be renewed. To which the House agreed, and ordered as follows; (videlicet,) "It is ORDERED, by the Lords Spiritual and Tem"poral in Parliament affembled, That the Order, made "the Three and Twentieth of April One Thousand "Six Hundred Ninety-fix, be hereby renewed; (vi"delicet,) "That, when Her Majefty is prefent, all the Lords "fhall be in their Robes; and that no Perfon what"foever (except the neceffary Officers attending) "fhall then be permitted, and fuch others, to "come into this House as Her Majesty shall appoint "to attend Her while She is on the Throne. erected over "It is ORDERED, by the Lords Spiritual and Tem- Gallery to be "poral in Parliament affembled, That Sir Christopher the Lobby "Wren, Her Majefty's Surveyor General, do forth. Door. “with take Care, and give Order, for the making a "Gallery over the Lobby Door, across the House, "with Four Benches, according to the Plan this Day Thefe Words "laid before the Committee; and that he takes Notice [for faving the "thereof, for preparing the fame as from this Day. Ld. Great "[And that the Lord Keeper do acquaint the Lord Right] were "Great Chamberlain with it, and defire him to iffue his addeel per "Warrant to Sir Chriftopher Wren for erecting the fame.]" Ordinem, 120 Chamberlain's Martii, 1704. verfus Upon reading the Petition and Appeal of Edward Machen & al. Machen Efquire and John Fortune Gentleman, from a Stanyon. Decree made in the Court of Chancery, in Two Causes there depending, one of them between the Petitioner Edward Machen Plaintiff, and John Stanyon Gentleman and the Petitioner John Fortune Defendant; and the other, between the faid John Stanyon Plaintiff, and the Petitioner John Fortune Defendant, the Third Day of this Inftant November, on the Behalf of John Stanyon; and praying, "That the faid Decree or Decretal Order may be reversed, and that the faid John Stanyon may "answer thereunto; and that, in the mean Time, all "Proceedings may be stayed:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid John Stanyon may have a Copy of the faid Appeal; and fhall and he is hereby required to put in his Answer thereunto, in Writing, on Monday the Seven and Twentieth Day of this Inftant November, at Eleven a Clock; and that, in the mean Time, all Proceedings in the Court below be stayed. After hearing Counfel, at the Bar, upon the Peti- Strode verfus tion and Appeal of Edward Strode Efquire, from a Adderley = Decree made in the Court of Exchequer, in a Cause there depending, wherein Sarah Adderley Adminiftratrix of Richard Adderley and Elizabeth Head Widow were Plaintiffs, against the Petitioner Defendant (which Decree was pronounced in the faid Court as of Michaelmas and Hillary Term One Thousand Seven Hundred and Three); as alfo upon the Answer of Elizabeth Head and Sarab Adderley put in thereunto; and due Confideration of what was offered thereupon: Colts. It is ORDERED and Adjudged, by the Lords Spi- Judeer at ritual and Temporal in Parliament affembled, That the mid, with faid Petition and Appeal of Edward Strode fhall be, and is hereby, difmiffed this House; and that the Decree therein complained of fhall be, and is hereby, affirmed: And it is further ORDERED, That the laid Edward Strode fhall pay, or caufe to be paid, unto the faid Elizabeth Head and Sarah Adderley, the Sum of Thirty Pounds, for their Cofts in defending the said Appeal in this House. Dominus Cuftos Magni Sigilli declaravit præfens Adjouru. Parliamentum continuandum effe ufque ad et in diem Veneris, decimum feptimum diem inftantis Novembris, hora undecima Aurora, Dominis fic decernentibus. Comes Scarfdale. Comes Anglesey. Comes Notting bam. Comes Torrington. Comes Orford. Their Lordships, or any Five of them; to meet on Saturday the Eighteenth Day of this Inftant November, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please. DIE DIE Arch. Cant IE Veneris, 17° Novembris. verfus It is ORDERED, by the Lords Spiritual and Temporal Dymock in Parliament affembled, That this Houfe will hear the sir J. HobCaufe wherein Charles Dymock and James Selby are bort: Domini tam Spirituales quam Temporales præfentes Appellants, and Sir John Hobbort, by the Earl of Suf fuerunt: folke his next Friend, is Refpondent, on Friday the Four Comes Scarfdale. Scott verfus Hilton. Comes Anglesey: Comes Nottingham. Comes Bradford. Comes Orford. Comes Grantham. PRAYER S. Whereas, after hearing Counfel, the Nine and Twentieth of February One Thousand Seven Hundred and Three, upon the Petition and Appeal of Edward Scott Gentleman, Administrator of Thomas Scott his Brother, deceased, from a certain Decree and Orders made in the Court of Chancery, in a Cause there depending, between the Petitioner Complainant, and Richard Hilton, Executor of John Hilton Clerk his Father, deceased, Defendant, it was (amongst other Things) ordered, "That the faid Appellant Edward Scott fhould bring "into the Court of Chancery the Sum of Six Hundred "Fifty-feven Pounds, Seven Shillings, and Six Pence, "and Twenty Shillings per Month Intereft more fince "the Seven and Twentieth of January last, for the 66 Purposes in the faid Order mentioned;" and whereas, pursuant thereunto, the faid Appellant Scott paid into the faid Court of Chancery the Sum of Six Hundred Fifty-eight Pounds and Seventeen Shillings; and, by an Order of the faid Court of Chancery, made in the faid Caufe, the Nine and Twentieth Day of May laft, it was, for the Reasons therein contained, ordered, "That the "faid Money should remain in the faid Court until "further Order of this Houfe," and whereas the faid Parties are fince come to a full and final Agreement touching the Matters in Queftion, and the faid Refpondent Richard Hilton hath confented and agreed that the faid Money fo paid into the Court of Chancery as aforefaid fhould be re-paid out again to the faid Edward Scott, or Mr. John Rawlins his Attorney or Agent, as by an Inftrument in Writing, under the Hand and Seal of the faid Richard Hilton, read, and proved to be duly figned and fealed by him, appears : Now, upon reading this Day the Petition of the said Appellant Edward Scott; praying, "That the Sum of "Six Hundred Fifty-eight Pounds and Seventeen 66 66 Shillings may be paid, out of the faid Court of Chancery, to the Petitioner's Ufe, according to the faid "Agreement;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Sum of Six Hundred Fifty-eight Pounds and Seventeen Shillings, fhall be forthwith paid out of the Court of Chancery, to the faid Appellant Edward Scott, or the faid Mr. John Rawlins his Attorney or Agent; and that all Proceedings in the Chancery be ftayed in this Caufe. VOL. XVII. |