Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Veneris, 27 Februarii.
Hodie 2a vice lecta est Billa, intituled, "An Act for vesting several Lands, in the Counties of Surrey and Sussex, the Estate of Mary Johnson, Wife of William Johnson Gentleman, in Trustees, to be sold, for discharging several Mortgages and other Debts charged upon the Estate of the said William Johnson; and settling his Estate upon his said Wife, and her Children by him, clear of Incumbrances."
Dux Somerset, P.
Dux Devon, Senescallus.
(fn. 1) March. Normanby.
Comes Lindsey, Magnus Camerarius.
Comes Carlisle, Marescallus.
Ds. North & Grey.
Ds. Berkeley Str.
Their Lordships, or any Five of them; to meet on Saturday the Fourteenth Day of March next, at Ten of the Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Hodie 2a vice lecta est Billa, intituled, "An Act for settling the Estate late of John and Robert Windowe Gentlemen, deceased, upon Trustees, to be sold; and the Purchase-money applied to the Uses therein mentioned."
St. Leger & al. Nat. Bill.
Hodie 3a vice lecta est Billa, intituled, "An Act for the settling and vesting divers Manors and Lands of Francis Wightwick, an Infant, lying in the County of Stafford, in Trustees; to enable them to settle and convey the same, upon the Marriage of the said Francis Wightwick, to such Uses, Intents, and Purposes, as shall be agreed upon."
Message to H. C. with it.
Tily versus, Wharton.
Whereas Sir Joseph Tily Knight and Dame Deborah his Wife, late Wife of Sir John Roberts Baronet deceased, and Administratrix, with the Will annexed, and Residuary Legatee of the Real and Personal Estate, of the said Sir John Roberts, brought their Appeal into this House, the Five and Twentieth Day of April One Thousand Seven Hundred and One, from Two several Orders and Decrees made in Chancery, one of them on the Eight and Twentieth of June, and the other the Two and Twentieth Day of March, One Thousand Seven Hundred, in a Cause there then depending, wherein William Wharton Esquire and Eunice his Wife were Plaintiffs, and the Appellant, and John Gardiner, Samuel Browning, John Collier, Robert Atwood, and Richard Turner, were Defendants; to which Appeal William Wharton and Eunice his Wife put in their Answer; and the Cause coming to be heard before this House the One and Thirtieth Day of May One Thousand Seven Hundred and One; it was Ordered and Adjudged, "That the said Orders and Decrees complained of in the Petition of Sir Joseph Tily and his Wife should be reversed, so far only, as there should be a new Trial at Law touching the Bond in Question, to try whether the said Bond was duly executed by the said Sir John Roberts or not; and that the Chancery direct the same accordingly; and all the Depositions, Writings, and Papers, that were produced at the Hearing in Chancery and in this House, to be used at the said Trial:"
Now, after hearing Counsel this Day, upon the Petition of Sir Joseph Tily Knight and Dame Deborah his Wife, Relict and Administratrix with the Will annexed of Sir John Roberts; shewing, "That they having appealed against the Orders or Decrees before recited, and that a Trial at Law had been had pursuant to the Direction of this House, the Seven and Twentieth Day of October last, and a Verdict for the Petitioners, and praying to be heard on the Equity reserved in the former Judgement of this House;" as also hearing Counsel upon the Answer of the said William Wharton and Eunice his Wife put in thereunto:
And due Consideration of what was offered thereupon, it is this Day ORDERED and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decrees or Orders complained of in the said Appeal of Sir Joseph Tily and his Wife, shall be, and they are hereby, reversed; and the Court of Chancery is hereby directed to dismiss the Respondents Bill depending in that Court, with Costs.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, (videlicet,) vicesimum octavum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.