Die Veneris, 10 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. Berkley Str.
Highgate, &c. Highways, Bill.
vice lecta est Billa, intituled, "An Act for
repairing the Highways from several Places therein
mentioned, leading towards Highgate Gatehouse and
Hampsted, in the County of Midd'x; and for electing
Trustees, for keeping up a sufficient Number, for the
repairing the Highways upon the Roads from Highgate Gatehouse to Barnet Blockhouse; and also the
Highways between Kilburn Bridge and Sparrows Hern,
in the County of Hertford."
Ordered, That the said Bill be read a Second
Time on Tuesday next.
Ash, Petitions for Writings to be produced at the Trial below.
A Petition of Mary Ash Widow, the Respondent to
the Appeal of Simeon Ash Clerk and others, heard in
this House the Seventh and Eighth Days of March last,
was presented to the House, and read; praying, "That
a Copy of a Verdict obtained by the Appellants before the Lord Trevor; and also a Bond and a Release
signed by the Plaintiff, by the Name of Mary Goody,
and also before this House (fn. *) , admitted to have in their
Custody a Receipt signed by the Respondent, by the
Name of Mary Ash, for a Legacy left unto her by
her Daughter, produced at the Hearing of the said
Appeal, may be delivered over to the Appellants
Clerk in Chancery, and be produced at the Trial directed by this House:"
And the Clerks being thereupon inquired of, "If
those Papers were in their Custody?"
They informed the House, "That no Paper used at
the said Hearing was remaining now in their Custody."
And the Order and Judgement upon hearing the
said Appeal being read:
Ordered, That the said Petition do lie on the
Mason versus Lake:
After hearing Counsel, upon the Petition and Appeal
of Charles Mason Esquire; complaining of a Decree of
the Court of Chancery, made the Ninth Day of December 1713, in certain Causes, wherein Sir Bybye Lake
Baronet, Son, Heir, and Executor, of Thomas Lake
Esquire, deceased, by Bill of Revivor, was Plaintiff, and
the Appellant, Joseph Newell, George Newell, Thomas
Paine, Mary Tigh, and others, were Defendants; and the
Appellant Plaintiff, and the said Sir Bybye Lake and
others Defendants; and praying, "That the said Decree, so far as the same extends to charge the Five
Thousand Pounds Principal Money, and the Interest
thereof, upon the Appellant's Estate, or to sell the
same for Payment and Satisfaction thereof, may be
reversed, and the Appellant relieved:" As also upon
the several Answers of the said Sir Bybye Lake,
Charles Turner Gentleman, Joseph Newell, George
Newell, and His Majesty's Attorney General, put in
to the said Appeal; and due Consideration had of
what was offered thereupon:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will reserve giving Judgement on the Point in Question, till the
Accompt be finished, as directed by the Court of Chancery, between the Appellant and the Newells; with
this Direction, That the Master in Chancery do also
make a Rest, how the Accompt stood on the Thirteenth
of September 1707; and that the said Sir Bybye Lake
have Notice given him, from Time to Time, of the Attendances before the Master; and may contravert the
same, as he shall be advised; and that either Side be at
Liberty to apply to the Court of Chancery for any
further Direction, for the better taking of such Accompt, as shall be just; and that, after such Accompt
taken, and Report made and confirmed, the Parties are
to resort back, for the further Order of this
E. of Exeter & al. Bill.
After reading, and considering, the Report of the
Judges, to whom the Petition of John Earl of Exeter
and others was referred; praying Leave to bring in a
Bill, for the Purposes in the Petition mentioned:
It is Ordered, That Leave be given to bring in a
Bill, pursuant to the said Report.
Which Bill was read the First Time, intituled as
"An Act for confirming a Partition lately made of
the Estate of Sir John Brownlow Baronet, deceased,
in the Counties of Lincoln, York, Midd'x, and Hertford, remaining unsold, and Articles of Agreement
relating thereunto; and also the several Conveyances
made of the divided Parts."
Elderton's Petition, referred to Judges.
Upon reading the Petition of Edward Elderton and
Elizabeth his Wife (who was Daughter and Heir of
Henry Uthwait, deceased), on Behalf of themselves
and their Nine Children; praying, "That Leave may
be given to bring in a Bill, for vesting the Manor of
Bromwells, alias Brometts, alias Bromley Hill, in StoutonHadham, alias Much Haddam, in the County of Hertford, in Trustees, to be sold; and for laying out the
Money, according to a Deed in the Petition mentioned
dated the Twenty-ninth of November 1712:"
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Justice
Powys and Mr. Justice Blencowe; who are forthwith to
summon all Parties concerned in the said 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.
Kirwan versus French:
Whereas the First Day of this Instant May was appointed, for hearing the Cause wherein John Kirwan
Esquire, commonly called Sir John Kirwan, and Simon
Kirwan Esquire, are Appellants, and Christopher French
Gentleman is Respondent:
The House being this Day moved, "That another
Day may be appointed for that Purpose, in regard
the late Adjournment prevented the Hearing at the
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday the Twentyfirst Day of this Instant May, at Eleven a Clock.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, undecimum diem instantis Maii, hora undecima Auroræ,
Dominis sic decernentibus.