House of Lords Journal Volume 19: 1 May 1714

DIE Sabbati, 1 Maii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Garden versus Anderson:

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Doctor James Garden is Appellant, and Mr. David Anderson Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Thirteenth Day of May instant, at Eleven a Clock.

Lady Haversham versus Ld. Haversham et al.

Upon reading the Petition and Appeal of the Right Honourable Martha Lady Dowager Haversham, Widow, Relict, and Executrix, of the Right Honourable John Lord Haversham deceased, from a Decree pronounced in Her Majesty's High Court of Chancery, the Eleventh Day of December last, in the several Causes wherein the Petitioner was Complainant, against the Right Honourable Maurice Lord Haversham Son and Heir of the said John Lord Haversham, Arthur Earl of Anglesey and Mary his Countess, Sir John Every and Martha his Wife, Thomas Armstrong and Frances his Wife, John Bickford and Dorothea his Wife, Althomea Thompson, Joseph Grange and Elizabeth his Wife, and Thomas Gregory and Helena his Wife, and several others, were Defendants; and wherein the said Maurice Lord Haversham was Complainant, against the Petitioner and others Defendants; praying, "That the said Decree may be reversed; and to be decreed Possession of the Lands conveyed to her in Jointure:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Maurice Lord Haversham, and the said several Defendants, may have a Copy of the said Appeal; and put in their Answers thereunto, in Writing, on or before Tuesday the Eleventh Day of this Instant May, at Eleven a Clock.

Ld. Viscount Massereene et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable Clotworthy Lord Viscount Massereene and Katherine Viscountess Massereene his Wife, the Right Honourable Rachel Viscountess Dowager Massereene, the Right Honourable Katherine Countess Dowager of Donegall, the Honourable John Skeffington Esquire Second Son of Clotworthy late Lord Viscount Massereene deceased, the Right Honourable Randal Earl of Antrim and Rachel Countess of Antrim his Wife One of the Daughters of the said late Lord Viscount Massereene, the Right Reverend Father in God Edward Lord Bishop of Downe and Connor and Mary his Wife One other of the Daughters of the said late Lord Viscount Massereene, and the Honourable Frances Diana Skeffington the other of the Daughters of the said late Lord Viscount Massereene; praying Leave to bring in a Bill, for Sale of Lands in the Counties of Cavan and Louth, in the Kingdom of Ireland, and Lands and Tithes in the County of Antrim, in the said Kingdom, for the Payment of Debts and Portions, and other Purposes in the Petition mentioned:

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 Sir Littleton Powys One of Her Majesty's Justices of the Court of Queen's Bench; who are forthwith to summon all Parties 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 that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Kirchhoff, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Christian William Kirchhoff."

Roper versus Hewert et al.

The House (according to Order) resumed the adjourned Consideration of what was offered by Counsel Yesterday, upon the Petition and Appeal of Edward Roper Esquire, Cousin and Heir of John Roper Esquire, deceased, (brought into this House the last Session of Parliament) from a Decree made in the Court of Chancery, the 25th Day of February 1712, in a Cause wherein Thomas Ratcliffe and William Constable were Plaintiffs, and the Appellant, and Daniel Hickman, Robert Hewet, and others, were Defendants, and wherein the said Robert Hewet and Daniel Hickman, on Behalf of themselves and the Creditors of the said John Roper, were Plaintiffs, and the said Thomas Radcliffe, William Constable, and the Appellant, and others, were Defendants; praying, "That the said Decree may be reversed; and that the Appellant may have the Surplus of the Trust Estate in the Appeal mentioned, after Debts and Legacies paid, as being the Heir at Law of the said John Roper, and also a Protestant:" As also upon the Answers of Robert Hewet, Daniel Hickman, Thomas Radcliffe, William Constable, Richard Snow, and William Plowden, put in to the said Appeal; and the Judges this Day severally delivering their Opinions; and due Consideration had of what has been offered in this Cause:

Judgement reversed, with Directions.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Decree, whereby it is declared and decreed, "That the Surplus of the Money arising by Sale of the Trust Estate (after Debts and Legacies paid) is a Personal Interest in the Respondents Constable and Radcliffe; and that the Devise of such Surplus to the said Respondents, being Papists, is a good Devise to them, and that such Surplus be paid to the said Respondents," be, and the same is hereby, reversed: And it is further Ordered and Adjudged, That the Surplus arising by any Sale made, or to be made, of any of the Trust Lands, after Payment of the Debts and Legacies affecting the same, with Interest and Costs, according to the Decree, be paid to the Appellant; and that, if any of the said Trust Lands shall remain unsold, after such Debts, Legacies, Interest, and Costs, shall be satisfied, such Lands shall be conveyed, by the Trustees, to the Appellant and his Heirs, at his and their Costs: And as to the Payment of any of the Simple Contract Creditors out of the Money arising by Sale of the Trust Estate, in case the Personal Estate shall prove deficient for the Payment thereof, no direct Complaint being made thereof by the Appellant, the said Decree is to stand; but without Prejudice to the Appellant's applying to the Court of Chancery, if he conceives himself aggrieved thereby, to vary the Directions in the said Decree, touching the Payment of the Simple Contract Creditors, as he shall be advised; and the Court of Chancery is to give all such Directions, in Pursuance of this Order, as shall be just.

Loggin's Divorce Bill, and Causes put off.

Whereas this Day was appointed, for the Second Reading of the Bill, intituled, "An Act for dissolving the Marriage of Francis Loggin with Sarah Gardner, and to enable him to marry again:"

It is Ordered, That the said Bill be read a Second Time on Tuesday next; and that the Cause appointed to be heard on Monday next be put off to that Day, and the other Causes removed One Day in Course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem instantis Maii, hora undecima Auroræ, Dominis sic decernentibus.