L. Falkland & al. verfus L. Cheney & al.: Judgement reveried. Adjourn. PRAYERS. After hearing Counsel, upon the Petition and Appeal of the Right Honourable Rebeccah Viscountess Dowager of Falkland, Executrix of Anthony Lord Viscount Falkland, deceafed; Sir CloudeЛly Shovell Knight and Dame Elizabeth his Wife, Executrix of Sir John Norborough 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 Christopher late Duke of Albemarle; praying "the "Reverfal 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 on ftated Accompts, "with Interest and Charges:" As alfo upon the Answer of the faid William Lord Cheney, Sir Walter Clarges, and Peter Barwick, put in thereunto; and due Confideration of what was offered thereupon : It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament affembled, That the Decree of Difmiffion complained of in the faid Appeal fhall be, and is hereby, reverfed; and that the Executors of Christopher late Duke of Albemarle do accompt with the Appellants for the Charge of the Third Voyage. Comes Stamford: ham. Comes Rochefter: Comes Abingdon! Comes Portland. Comes Warring ton. Comes Bradford. Domini tam Spirituales quam Temporales præfentes Comes Orford: fuerunt: Ds. Cuftos Magni Comes Kent, Camerarius. Comes Derby. Comes Bridgewater. Comes Weftmorland. Comes Manchester. Comes Stamford. Comes Winchilfea. Comes Kingston. Comes Sunderland. Comes Effex. Comes Feverfham. Comes Nottingham. Comes Warrington. VOL. XVII. Ds. Lawarr. 2. Ds. Grey W. 1. Ds. Ferrers. Ds. Poulet: Ds. Mobun. Ds. Vaughan. Ds. Culpeper. Ds. Rockingham. Ds. Dartmouth. Ds. Guilford. Ds. Haverfbam. Ds. Sommers. Ds. Halifax. Ds. Granville. Ds. Gernsey. Ds. Vaughan. Ds. Culpeper. Ds. Rockingham: Ds. Dartmouth: Ds. Guilford. Ds. Haverfham! Ds. Sommers. Ds. Halifax. Ds. Granville: Ds. Gernjey: Sherrington verfus Harris: Judgement affirmed, with Colts. Adjoura. It is ORDERED, by the Lords Spiritual and Tempo ral in Parliament affembled, That this Houfe will hear the faid Cause, by Counfel, at the Bar, on Monday the Eighteenth Day of this Inftant December, at Eleven a Clock; and that the other Caufes be removed in Course. After hearing Counfel, upon the Petition and Appeal of Bennet Sherrington Gentleman, One of the Co-heirs of Leonard Bennet Efquire, against a Report dated the First Day of July One Thoufand Six Hundred Seventy-fix, and Two feveral Orders for confirming thereof; the One, dated the Sixth Day of July One Thousand Six Hundred Seventy-fix; and the other, the Seventeenth of November, One Thousand Six Hundred Seventy-fix, and the Enrolment of the fame, fuppofed to be made, in Two Causes then depending in Chancery; One, wherein Henry Double was Plaintiff, against Leonard Bennet and John Plummer Efquires, Defendants; and the other, wherein the faid John Plummer was Plaintiff, against the faid Bennet and Double Defendants; and alfo against an Order made in Chancery, the Twelfth of May, One Thoufand Seven Hundred and Four, in a Caufe then depending in the Court of Chancery, wherein the Petitioner was Plaintiff, against Henry Harris and Thomas Smith, the Two furviving Executors of Henry Double, and Thomas Bedford and Sarah his Wife, Relict of the faid Henry Double, and George Nevett and Anne his Wife, One of the Daughters of the faid Henry Double, and others, Defendants; and praying "the Reverfal and fetting afide the Re66 port of the First of July One Thousand Six Hundred "Seventy-fix, and Orders of the Sixth of July One "Thousand Six Hundred Seventy-fix, the Seventeenth "of November One Thousand Six Hundred Seventy-fix, "and the Twelfth of May One Thousand Seven Hun"dred and Four:" As alfo upon the Answer of the faid Henry Harris, Thomas Smith, Thomas Bedford and Sarah his Wife, George Nevett and Anne his Wife, put in thereunto; and due Confideration of what was offered thereupon: It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Petition and Appeal of Bennet Sherrington fhall be, and is hereby, difmiffed this Houfe; and that the De cree and Orders therein complained of fhall be, and they are hereby, affirmed: And it is further ORDERED, That the faid Bennet Sherrington fhall pay, or caufe to be paid, unto the faid Henry Harris and other Refpondents, the Sum of Twenty Pounds, for their Cofts in defending the faid Appeal in this Houfe. Dominus Cuftos Magni Sigilli declaravit præfens Parhjamentum continuandum effe ufque ad et in diem Jovis, decimum quartum diem inftantis Decembris, hora undema Aurora, Dominis fic decernentibus. DIE Jovis, 14° Decembris. Domini tam Spirituales quam Temporales præfentes fuerunt: Dux Bucks, C. P. S. Dux Southampton. rarius. Comes Winchilfea. PRAYERS. Ds. Lawarr. Ds. Ferrers. Ds. Wharton. Ds. Grey W. Ds. Lovelace. Ds. Poulett. Ds. Mohun. Ds. Vaughan. Ds. Colepeper. Ds. Lucas. Ds. Rockingham Ds. Berkeley. Ds. Guilford. Ds. Sommers. Ds. Halifax. Ds. Granville. Ds. Gernfey. Harley & al. verfus Searle & al.: Judgement affirmed, with Cofts. for a Bill, Defendant. A Meffage from the Houfe of Commons, by Mr. Palmer and others: Who brought up a Bill, intituled, " An Act for Sale "of the Eftate of Daniel Drake Gentleman, deceased, "for the Provifion of his Widow and Children, accor"ding to his Will;" to which they defire the Concurrence of this House. After hearing Counsel, upon the Petition and Appeal of William Harley and Daniel Smith, Executors of Francis Riggs, from a Decree made in the Court of Chancery, on or about the Seventh Day of August in the Thirteenth Year of the Reign of His late Majesty King William the Third, in certain Causes then and there depending; One of them, between Edward Searle and Elizabeth his Wife (by him as her next Friend) Plaintiffs, against the Petitioners and Elizabeth Wife of the Petitioner Daniel Smith, and John Betts and Mary his Wife, Defendants; and the other, between the faid John Betts and Mary his Wife Complainants, against the Petitioners and Elizabeth the Wife of the Petitioner, Daniel Smith, and the faid Edward Searle and Elizabeth his Wife, and Hamey Burwell, Defendants; praying the Reversal of the faid Decree: As alfo upon the feveral Answers of Edward Searle and Elizabeth his Wife, John Betts and Mary his Wife, put in thereunto; and due Confideration of what was offered thereupon: It is ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament affembled, That the faid Petition and Appeal of William Harley and Daniel Smith fhall be, and is hereby, difmiffed this Houfe; and that the Decree therein complained of fhall be, and is hereby, affirmed: And it is further ORDERED, That the faid William Harley and Daniel Smith shall pay, or caufe to be paid, unto the faid Edward Searle and Elizabeth his Wife, John Betts and Mary his Wife, the Sum of Thirty Pounds, for their Costs in defending the faid Appeal in this House. Griffin, Leave Upon reading the Petition of James Griffin Efquire, praying Leave to bring in a Bill, to charge Part of the Manor of Dingley, in the County of Northampton, for railing Money, for Payment of his Debts, and pro viding Portions and Maintenance for his Children: Arch. Cantuar. Epus. London: fuerunt: Ds. Cuftos Magni Comes Pembroke, P. C. P. S. Dux Somerfet. Dux Southampton. Dux Northumberland. Dux Bedford. Comes Derby. Comes Rochester. Ds. Bergevenny. Ds. Grey W. Ds. Howard Efc. Ds. Byron. Ds. Rockingham. Comes Drake's Bill. Pile's Bill. State Gene. ral, Quotas of Ships. Meffage from H. C. with a Occafional Bill to pre Comes Abingdon. Comes Grantham. Viscount Say & Seate. PRAYERS. Hodie 1 vice lecta eft Billa, intituled, "An A& "for Sale of the Eftate of Daniel Drake Gentleman, "deceased, for the Provifion of his Widow and Chil"dren, according to his Will." Hodle 2 vice lecta eft Billa, intituled, "An Act 66 to enable Thomas Pile Efquire and Elizabeth Freke to "make Leafes for Lives of the Eftate of Thomas "Freke, of Iwerne Courtney, Efquire, deceased; as "alfo the Son of George Pitt Efquire fo to do, when "entitled, and in actual Poffeffion of the Premises; and "that he may be enabled to make a Jointure, upon any "Woman he fhall marry, out of the fame; and for "eftablishing a School in Iwerne Courtney, and augmenting the Vicarage of Cern Abbas, in the County "of Dorfett." 66 My Lord Duke of Marlborough, "The happy Succefs that has attended Her Majefty's "Arms, under your Grace's Command, in Germany, "the last Campaign, is fo truly great, fo truly glorious ORDERED, That the Confideration of the faid Bill" in all its Circumftances, that few Inftances in the be committed to the Lords prefent this Day. Their Lordships, or any Five of them, to meet The Lord Treasurer, pursuant to the Addrefs of "An Account of Quotas of Ships furnished by The "States General last Summer." A Meffage from the Houfe of Commons, by Mr. Who brought up a Bill, intituled, "An A&t for Hodie 1 vice lecta eft Billa, intituled, "An A& "for preventing Occafional Conformity." "Hiftory of former Ages can equal, much lefs excel, "Your Grace has not overthrown young unskilful "The glorious Victories your Grace has obtained at "Schallenburgh and Hochftet are very great, very illuf"trious, in themselves; but they are greater ftill in the "Confequences to Her Majefty and to Her Allies: The "Emperor is thereby relieved; the Empire itfelf is freed "from a dangerous Enemy, in the very Bowels of it; "the exorbitant Power of France is checked; and, I "hope, a happy Step made towards the reducing of that "Monarch within His due Bounds, and fecuring the "Liberties of Europe. "The Honour of these glorious Victories, great as "they are, under the immediate Blefling of ALMIGHTY Then it was propofed, "To read the Bill a Second "GOD, is chiefly, if not alone, owing to your Grace's "Time." "Conduct and Valour. "This is the unanimous Voice of England, and of "all Her Majesty's Allies. 66 My Lord, the D. of Marlborough. # Sic. "GRANVILLE." Then D. of Marlborough's Repy. Prinn verjus "I am extreme fenfible of the great Honour your "Lordships are pleafed to do me. "I must beg Leave, on this Occafion, to do Right to "all the Officers and Soldiers I had the Honour of Dominus Cuftos Magni Sigilli declaravit præfens Par- Adjourn. liamentum continuandum effe ufque ad et in diem Sabbati, decimum fextum diem inftantis Decembris, hora undecima Aurora, Dominis fic decernentibus. having under me; that, next the Bleffing of GoD, DIE Sabbati, 16° Decembris. "the good Succefs of this Campaign is owing to their "I am very fure, it will be a great Satisfaction and Whereas Tuesday the Nineteenth Day of this Inftant Howe, in Er December was appointed, for hearing the Errors argued upon the Writ of Error depending in this Houfe, wherein John Prinn is Plaintiff, and John How Efquire for. Ayres, Time to bring an Appeal. Lecroi & al. State of the Defendant: 66 Upon reading the Petition of Francifca Ayres Widow, Executrix to Anne Lloyd Widow, deceased; fhewing, "That Anne Lloyd, the Petitioner's Mother, hath lain a dying ever fince the Beginning of this Seffion of Parliament, and departed this Life the Twentieth of "November laft, as upon Oath, at the Bar, did appear; "that the Petitioner is fole Executrix, and could not 66 prove the Will till the Seventh Inftant; that the Pe"titioner thinks herself aggrieved by a Decree of Dif"miffion made in Chancery, the One and Twentieth "of April One Thousand Seven Hundred and Two; "fo tlat fhe cannot bring her Appeal into this House by the Time ordered for that Purpose:" It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioner hath hereby Leave to lodge her Appeal. Upon reading the Petition of Francis Lecroix and others; praying Leave to bring in a Bill for their Naturalization: It is ORDERED, by the Lords Spiritual and Temporal in Parliament affembled, That the Petitioners have hereby Leave to bring in a Bill, as defired. Whereas this Day was appointed, for the House to Nation, with be put into a Committee again, to confider of the State of the Nation in Reference to Scotland: regard to Scotland. REGINA. Domini tam Spirituales quam Temporales præfentes Arch. Cantuar. Epus. London. PRAYERS. 4 Ds. Lawarr. Ds. Ferrers. Ds. Wharton. Ds. Howard Efc. Hodie 1 vice lecta eft Billa, intituled, "An Act Lockhart to enable James Lockhart Efquire and his Wife to fell Bill. "certain Lands,' Tenements, and Hereditaments, in "the County of Effex, late of Sir Thomas Luckin Ba"ronet, deceased, for Payment of their Debts; and to "purchase other Lands with the Overplus of the "Money, to be fettled to the like Ufes." Hodie 1 vice lecta eft Billa, intituled, "An Act 7 N Hodie Griffin's Bill |