Die Jovis, 14 Decembris.
Domini tam Spirituales quam Temporales præsens
Epus. Bath & Well.
|Ds. Custos Magni Sigilli.
Comes Rochester, Præses.
Dux Shrewsbury, Camerarius.
Comes Suffolk & Bindon.
Ds. North & Grey.
Ds. Howard Escr.
Mathews Pet. referred to Judges.
Upon reading the Petition of Thomas Mathew Senior,
on the Behalf of himself and of Thomas and John Mathew his Sons, John Mathew, and of Mary Kuweidt,
John Kuweidt, Charles Watts and Elizabeth his Wife,
Thomas Merrett and Sarah his Wife, and Anne Jackson,
Children and Grand Children of Nathaniel Mathew
Senior, late of Petersham, in the County of Surrey,
Gentleman, deceased; praying Leave to bring in a Bill,
for Sale of an Estate (in the Petition mentioned), late
of the said Nathaniel Mathew, deceased, or so much as
will discharge all his Debts and Legacies; and settling
the Residue of the said Estate to the Uses in his Will
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
Mr. Baron Bury and Mr. Baron Price; 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.
Burgoyne's Pet. referred to Judges.
Upon reading the Petition of Benjamin Ivie Merchant and Frances his Wife; shewing, "That William
Burgoine, late of the City of Exon, Merchant, deceased, being seised of divers Messuages, Lands, and
Tenements, in the County of Devon and City of
Exon, Part his own Inheritance, and Part the Inheritance of his late Wife Anne, deceased, all the said
Lands and Premises are now descended to, and vested
in, William Burgoine, Son of the said William and Anne,
an Infant; and, if he happens to die, the same will
descend to his Four Sisters, all likewise Infants; which
Estates have been usually let by Lease, and were, at
the Death of the said William the Father, leased out
for Years determinable on Lives, according to the
Manner of Leasing in that Country; which Leases,
by Reason of the Infancy of the Heir, cannot be renewed, or new ones granted, by which Means the
Estate will fall into Hand, lie unimproved and ruinous, and the Infant want Means of Subsistance, and
to pay the Public Taxes; and praying Leave to bring
in a Bill, to enable certain Trustees, therein to be
named, to grant Leases of the said Estates, during the
Minorities aforesaid, under such Trusts, Provisos, and
Limitations, as this House shall think fit:"
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 Justice of the Court of Queen's Bench
and the Lord Chief Justice of the Court of Common
Pleas; 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 Persons
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.
Greenshields versus Magistrates of Edinburgh.
Upon reading the Petition of James Greenshields,
Clerk; shewing, "That, the last Session of Parliament,
he petitioned this House for Relief, from a Sentence
of the Magistrates of Edinburgh, and a Decree of
the Lords of Session in North Britain; upon which
it was, the Sixteenth of February last, ordered, "That
authentic Transcripts of all the Orders and Proceedings against the Petitioner should be said before this
House;" which was accordingly done; and, upon
reading them, the Twenty-fifth of March following, it was ordered, "That the Petition and Appeal
should be received, and the Respondents to have a
Copy, and to answer on or before the First Day of
this present Session of Parliament;" which they have
not done, though duly served with the Order of this
House; and praying, that the Respondents do put in
their Answer to the said Appeal:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Respondents
do put in their Answer to the said Petition, in Writing,
on or before Wednesday the Tenth Day of January next,
at Eleven a Clock.
Driscoll versus Dalton.
Upon reading the Petition and Appeal of Dennis
Driscoll Esquire, against several Orders and Decrees
made in the Court of Chancery of Ireland, in certain
Causes, wherein Richard Dalton Gentleman was Plaintiff,
and the Petitioner Defendant, et è contra; and in particular the Orders of the Twentieth of May One Thousand Six Hundred Ninety-seven, the Twelfth of December One Thousand Seven Hundred and Five, the
Twenty-second of June One Thousand Seven Hundred and Six, the Twenty-fifth of November One
Thousand Seven Hundred and Seven, the Twentieth of
February One Thousand Seven Hundred and Seven, the
Tenth of May One Thousand Seven Hundred and Eight,
the Seventh of December One Thousand Seven Hundred
and Nine, and the Order or Decree of Dismission in
Michaelmas Term One Thousand Seven Hundred and
Eight, which, the Petitioner humbly conceives, are erroneous, and inconsistent with the Rules of Equity; and
humbly appeals from the said Orders; and that the
same may be reversed or rectified, and the Petitioner
relieved in such Manner as this House shall think fit;
and that the Respondent may answer, and the Service of this Order upon Dalton's Clerk in the Court of
Chancery in Ireland may be deemed good Service, in
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Respondent Richard Dalton may have a Copy of the said Appeal; and
shall and he is hereby required to put in his Answer
thereunto, in Writing, on or before Wednesday the
Tenth Day of January next, at Eleven a Clock; and
that the Service of this Order on Dalton's Clerk in
Chancery in Ireland shall be good Service, in order
Dutchess of Beaufort versus Lady Granville & al.
Whereas Saturday next was appointed to hear the
Cause wherein Mary Dutchess Dowager of Beaufort is
Appellant, and Rebecca Lady Dowager Granville and
others are Respondents; and it being proposed, "To adjourn till Monday next:"
It is therefore Ordered, by the Lords Spiritual and
Temporal in Parliament assembled, That this House will
hear the said Cause, by Counsel, at the Bar, on Monday
the Eighteenth Day of this Instant December, at Eleven
of the Clock.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.