DIE Martis, 7 Maii.
Domini tam Spirituales quam Temporales præsentes
|Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Bucks & Nor.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Berkley Str.
Sir John Schaw versus Houston; Respondents to answer peremptorily.
Upon reading the Petition of Sir John Schaw Baronet; setting forth, "That he lodged his Appeal in this
House the Twenty-ninth of March last, from several
Interlocutors of the Lords of Session in Scotland; and
obtained an Order, requiring John Houstoun Esquire
and Margaret his Wife to put in their Answer in a
Month; which, though regularly served the Sixth of
April last, (as by an Affidavit, also read, appeared),
they have not put in their Answer; and praying,
That a peremptory Day may be appointed for that
It is Ordered, That the said John Houstoun and his
said Wife do peremptorily answer the said Appeal, on
or before Tuesday the Twenty-first Day of this Instant
Annesley versus Sherlock, Appeal from the Lords in Ireland.
A Petition and Appeal of Maurice Annesley Esquire,
was presented to the House, and read; complaining of
a Decree, made by the House of Lords in Ireland, the
Nineteenth of June 1716, upon an Appeal of Hester
Sherlock, to that House, from several Decrees made in
the Court of Exchequer in the said Kingdom of Ireland;
and praying, "That the said Decree of the House of
Lords in that Kingdom, so far as the same hath varied and reversed the said Decrees in the said Court
of Exchequer, may be set aside; and that such Order and Decree may be made by this House, as their
Lordships, in their great Wisdom and Justice, shall
think for the Petitioners Relief."
Committee to consider of it, and to inspect Precedents of Appeals from the House of Lords in Ireland.
Ordered, That the Lords following be appointed a
Committee, to consider of the said Appeal; and to
inspect Precedents as to Matters of the like Nature; and report their Opinion thereupon to the
L. Privy Seal.
L. V. Townshend.
L. V. Castleton.
|L. Abp. York.
L. Bp. London.
L. Bp. Sarum.
L. Bp. Carlisle.
L. Bp. Gloucester.
L. Bp. Oxford.
L. Bp. Lincoln.
L. Bp. Exeter.
L. North & Grey.
L. Berkeley Str.
Their Lordships, or any Five of them; to meet
To-morrow Morning, at Ten a Clock, in the
Prince's Lodgings near the House of Peers; and
to adjourn as they please.
Address, on the King's Speech.
The Earl of Carlisle reported from the Lords Committees appointed to prepare an Address to be presented
to His Majesty, pursuant to the Order of this House
Yesterday, "That they had prepared an Address accordingly, as follows:
"Most Gracious Sovereign,
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return Your Majesty
our most humble Thanks, for Your Majesty's most
Gracious Speech from the Throne; and for Your
Majesty's having taken effectual Care, to prevent all
immediate Danger of an Invasion upon these Your
Kingdoms, by sending Your Fleet so early into The
Sound: And we cannot but acknowledge, with the
greatest Satisfaction, Your Majesty's most tender Regard to the Ease of Your People, in giving Orders,
as soon as it was consistent with the public Safety,
for reducing so considerable a Number of the Land
"We also give Your Majesty our most humble
Thanks, for Your having communicated to Your Parliament Your Intention to pass an Act of Grace;
which, we hope, will have all the good Effects, Your
Majesty so reasonably and justly expects from it.
"And we take this Occasion to assure Your Majesty,
that we will, with the utmost Zeal and Duty, defend
and support Your Majesty's Sacred Person and Government, against all Your Enemies, both at Home
The said Address was read by the Clerk, entire; and
afterwards read, and agreed to, Paragraph by Paragraph.
Ordered, That this be the Address to be presented
to His Majesty.
Ordered, That the same be presented to His Majesty by the whole House.
Ordered, That the Lords with White Staves do
wait on on His Majesty, humbly to know when His
Majesty will please to be attended with the said Address.
Reily & al. versus Ward:
After hearing Counsel, upon the Petition and Appeal
of James Reily Esquire, Hugh Reily his Son, Francis
Cruise, James Keirnan, John Hogan, James Lamb, Charles
Bessey, and James Reily Farmer, from a Decree, or Decretal Order, made in the High Court of Chancery in
Ireland, the Tenth Day of February 1715, in a certain
Cause, wherein Robert Ward Gentleman was Plaintiff,
and the Appellants and others were Defendants; praying, "That the same may be reversed:" As also upon
the Answer of the said Robert Ward put in to the said
Appeal; and due Consideration had of what was offered
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Decree, or Decretal Order, be, and is hereby, reversed;
and that, if Possession of the Premises in Question has
been given under the said Decree, the same be restored
as it stood at the Time the said Decree was pronounced;
and that the Profits of the same Premises, if any, received in the mean Time under the said Decree, be accompted for and paid to the Appellants: And further;
That the Respondent, paying to the Appellants, within
One Year next ensuing, the Costs of the Day when the
Cause was brought on to Hearing in the said Court,
and Thirty Pounds for their Costs of the said Appeal,
be at Liberty to bring on the said Cause again to Hearing, in the said Court, against the Earl of Fingall and
the other Defendants, as he shall be advised.
Cuningham versus Hamilton.
Whereas To-morrow is appointed, for hearing the
Cause wherein John Cuninghame of Enterkin is Appellant, and Katherine Hamilton Lady Enterkin, his Mother,
The House being this Day moved, at the Request or
Consent of both Parties, "That a further Day may be
appointed for hearing the same, in regard, as the
House was informed, an Accommodation is treating
of between them:"
It is therefore Ordered, That the Hearing of the
said Cause be, and is hereby, adjourned to Thursday
the Twenty-third Day of this Instant May, at Eleven
Moor & al. Order for Writings to be lodged with the Clerk.
Upon reading the Petition of Boyl Moor and others;
setting forth, "That, on the Twelfth of March last,
this House was pleased to order, "That the Tenants
Leases of the Premises in Question, and the Deseasance in the Plaintiff's Bill mentioned, should be
produced, when the Petitioners Appeal should come
on to be heard in this House;" and that it will be necessary for the Petitioners to peruse the same; which
the Respondents Agent declares he will not permit,
without an Order of this House;" and praying, "That
the said Writings may be lodged with the Clerk, in
order for the Petitioners Perusal:"
It is Ordered, that the Leases and Defeasance
abovementioned may be lodged in the Hands of the
Clerk of the Parliaments, One Week before the Hearing the said Appeal, for the Petitioners Perusal of the
said Writings, as desired.
Plunket versus Cuffe.
Upon reading the Petition and Appeal of Plunket
Plunket Esquire; complaining of Two Orders made in
the Court of Chancery in Ireland, the Twenty-second
Day of February and Eighth Day of March last, in a
Cause wherein Francis Cuffe Esquire and others were
Plaintiffs, and the Appellant Defendant; and praying,
"That so much of the said Order of the said Twentysecond of February, as appoints the Master to set the
Lands, and the Proceedings thereon, may be discharged; and that he may have a reasonable Time to
examine his Witnesses, and have a Commission for
such as live above Ten Miles from Dublin; and be at
Liberty to take it out ex Parte, if the late Earl of
Longford's Representatives shall still persist to refuse to
join; and that all Orders contrary thereto may be
It is Ordered, That Francis Cuffe and James Macartney Esquires, and Douglas Ludlow Widow, may have
a Copy of the said Appeal; and shall and are hereby
required to put in their Answer or respective Answers
thereunto, in Writing, on or before Tuesday the Eleventh
Day of June next.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
octavum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.