Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 20 Februarii.
E. Thomond, Leave for a Bill.
After reading, and Consideration of, the Report made by the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Justice Powell, upon the Petition of Henry Earl of Thomond; praying Leave to bring in a Bill, for the Purposes in the said Petition mentioned:
Hodie 1a vice lecta est Billa, intituled, "An Act to enable the Right Honourable Henry Earl of Thomond, an Infant, to make a Settlement of his Estate, upon his Marriage (notwithstanding his Infancy); and for other the Purposes in the said Act mentioned."
Supply, a free Ship, Bill.
Orme's Petition referred to Judges.
Upon reading the Petition of Captain Thomas Orme; shewing, "That, in the late Civil War, the Tithes of Matchfield, in the County of Stafford, (being Part of the Estate of Captain William Orme, the Petitioner's Father) were seized and sequestered, by the Committee appointed by the then usurped Powers, for his loyal and steady adhering to His Majesty King Charles the First; and the Petitioner's Father's Deeds and Writings relating to the said Tithes were then taken from him, and he imprisoned, as in the Petition more at large is set forth; and praying Leave to bring in a Bill, for enabling the Petitioner to sell the said Tithes, for Payment of his Debts:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to the Lord Chief Baron of Her Majesty's Court of Exchequer and Mr. Justice Powell; who are forthwith to summon all Parties that are to be concerned in the Bill; 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 concerned in the Consequences of the Bill have signed the Petition.
Dixon versus Annesley.
Upon reading the Petition of Robert Dixon Esquire; shewing, "That he, having been unjusty dispossessed of an Estate in Ireland, by the Management and Contrivance of his Guardian Francis Annesley Esquire, to recover his Possession, did bring an Ejectment against the said Francis Annesley, in the Court of Queen's Bench in that Kingdom; and obtained Judgment there; which has been solemnly affirmed by the Queen's Bench in England the last Term; but the said Francis Annesley, notwithstanding both the said Judgements against him, designing to put the Petitioner to further Charge, hath brought a Writ of Error before this House, and assigned the general Errors thereupon; to which the Petitioner hath joined Issue;" and praying, "That a Day may be appointed, for hearing the Errors argued thereupon:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Monday the Third Day of March next, at Eleven a Clock in the Forenoon.
Perry versus Mervin.
Upon reading the Petition and Appeal of Mary Perry Widow, and John Perry, surviving Executors of Benjamine Perry the Elder, deceased, (the said John being also Executor of Benjamine Perry the Younger, deceased,) Dennis Funucan and Edith his Wife, John Funucan and Elizabeth his Wife, John Bume and Rebecca his Wife, (which said Elizabeth and Rebecca are the Daughters of the said Benjamine Perry the Elder,) and Walter Smith, Son and Administrator of Mary Smith, One of the Daughters of the said Benjamine the Elder, from Two several Decrees, or Decretal Orders, made in the High Court of Chancery of Ireland, on the Fourteenth Day of December One Thousand Seven Hundred and Four, and the Twelfth Day of December One Thousand Seven Hundred and Five, in a Cause wherein the Petitioners were Plaintifs, and Hugh Mervin and Edward Reily Esquire Defendants; and praying, "That the said Orders or Decrees, so far as the same concern and relate to the retrenched Lands, may be reversed:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Hugh Mervin and Edward Reily may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on or before the Fifteenth Day of March next, at Eleven a Clock in the Forenoon.
Deye versus Stevenson.
After hearing Counsel, upon the Petition and Appeal of John Deye, Executor to Elizabeth Ashby, deceased, from a Decree made in the Court of Chancery, the Two and Twentieth Day of May One Thousand Seven Hundred and Four, on the Behalf of Thomas Stevenson and Jane his Wife, late the Widow Patrick, One of the Daughters of the said Elizabeth Ashby; and praying the Reversal of the said Decree: As also upon the Answer of Thomas Stevenson and Jane his Wife put in thereunto; and due Consideration of what was offered thereupon:
Judgement affirmed, with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of John Deye shall be, and is hereby, dismissed this House; and that the Decree therein complained of shall be, and is hereby, affirmed: And it is further Ordered, That the said John Deye shall pay, or cause to be paid, unto the said Thomas Stevenson and Jane his Wife, the Sum of Fifty Pounds, for their Costs, in defending the said Appeal in this House; which said Sum of Fifty Pounds shall be levied and paid by the Sequestration which the said John Dey's Estate now lies under.