DIE Mercurii, 15 Maii.
Domini tam Spirituales quam Temporales præsentes
fuerunt:
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Arch. Ebor. Epus. Sarum. Epus. Landav. Epus. Hereford. Epus. Roffen. Epus. Bristol. Epus. Cestriens. Epus. Gloucestr. Epus. Asaph. Epus. Lincoln. Epus. Exon. |
Ds. Cowper, Cancellarius. Dux Kingston, C. P. S. Dux Newcastle, Camerarius. Dux Somerset. Dux Richmond. Dux Grafton. Dux Bolton. Dux Bucks & Nor. Dux Montrose. Dux Portland. March. Annandale. Comes Lincolne. Comes Bridgewater. Comes Stamford. Comes Thanet. Comes Sunderland. Comes Clarendon. Comes Anglesey. Comes Carlisle. Comes Radnor. Comes Yarmouth. Comes Rochester. Comes Abingdon. Comes Orford. Comes Greenwich. Comes Poulet. Comes Cholmondeley. Comes Sutherland. Comes Buchan. Comes Hadintoun. Comes Loudoun. Comes Orkney. Comes I'lay. Comes Carnarvon. Comes Bristol. Viscount Townshend. Viscount Longueville. Viscount Castleton. |
Ds. Delawar. Ds. North & Grey. Ds. Compton. Ds. Bruce. Ds. Colepeper. Ds. Cornwallis. Ds. Carteret. Ds. Guilford. Ds. Weston. Ds. Rosse. Ds. Belhaven. Ds. Harcourt. Ds. Boyle. Ds. Montjoy. Ds. Mansell. Ds. Trevor. Ds. Harborough. Ds. Carleton. Ds. Cobham. Ds. Coningsby. Ds. Onslow. Ds. Torrington. Ds. Cadogan. Ds. Pawlet of Basing. |
PRAYERS.
Rochfort versus Nugent:
Counsel (pursuant to the Order Yesterday) were
called in, for the further Hearing of the Cause, wherein
Robert Rochfort Esquire is Appellant, and Ridgely Nugent Gentleman Respondent.
And the Respondent's Counsel proceeded accordingly.
And desiring that the Answer of Walter Nugent the
Attorney might be read:
It was objected to by the Appellant's Counsel, the
same not having been read in the Court below.
Whereupon they were directed to withdraw.
And withdrew accordingly.
And, after Debate;
The Question was put, "Whether the Answer of
the said Walter Nugent, to prove the Identity
of the Person mentioned in the Settlement
made by Walter Nugent, of Portlomon, Esquire,
in the Year 1675, be permitted to be read?"
It was Resolved in the Affirmative.
Then the Counsel were called in; and the Respondent's Counsel were acquainted by the Lord Chancellor,
"The House was of Opinion, the said Answer might
be read."
And the same was read accordingly.
Then it was proposed, by the Respondent's Counsel,
"That the Deposition of the said Walter Nugent the
Attorney might be read."
And the same being likewise objected to by the Appellant's Counsel, he being concerned in Interest:
They were directed to withdraw.
And being accordingly withdrawn:
The Question was put, "Whether the Deposition
of the said Walter Nugent shall be read?"
It was Resolved in the Negative.
Then the Counsel were again called in; and the Respondent's Counsel acquainted by the Lord Chancellor,
"The House was of Opinion, the Deposition of the said
Walter Nugent should not be read, he being concerned
in Interest."
Then the Respondent's Counsel desired the Answer
of the said Walter Nugent might be read in Evidence
against another Defendant, Leonard Hatfield.
Which being opposed by the Appellant's Counsel:
They were directed to withdraw.
And being withdrawn accordingly;
The Question was put, "Whether the Answer of
the said Walter Nugent shall be read in Evidence?"
It was Resolved in the Negative.
Then the Counsel were called in again; and the Respondent's Counsel acquainted, by the Lord Chancellor,
"The Lords were of Opinion, the said Answer should
not be read."
Then, after reading some Proofs in the Cause on Behalf of the Respondent; and the Appellant's Counsel
having replied:
And being withdrawn;
The following Order and Judgement was made:
Judgement reversed.
"After hearing Counsel, as well Yesterday as this
Day, upon the Petition and Appeal of Robert Rochfort
Esquire, presented to this House the First Day of
June last, complaining of several Orders and a Decree, made and pronounced in His Majesty's High
Court of Chancery in Ireland, in a Cause wherein
Ridgely Nugent Gentleman was Plaintiff, and the Appellant and Leonard Hatfield were Defendants; and
praying, that the the same may be reversed: As
also upon the Answer of the said Ridgely Nugent put
in to the said Appeal; and due Consideration had of
what was offered in this Cause: It is Ordered and
Adjudged, by the Lords Spiritual and Temporal in
Parliament assembled, That the several Orders and
Decree of the Court of Chancery in Ireland, complained of in the said Appeal, as also the Order of
the said Court, made upon re-hearing the said Cause,
affirming the said Decree, the same being insisted on
by the Respondent's Answer, be, and are hereby, reversed; and that the Respondent's Bill in the said
Court of Chancery is hereby ordered to stand dismissed, and that the said Court of Chancery do cause
Possession of the Estate in Question to be restored to
the Appellant; and that the mesne Profits of the
same, if any have been received under the said Decree, be accompted for and paid to the Appellant;
but the Respondent is at Liberty to proceed at Law
as he shall be advised."
Frankland's Petition referred to Judges.
Upon reading the Petition of Sir Thomas Frankland
Baronet, and John Wind Clerk; praying, "That Leave
may be given to bring in a Bill, for confirming and
making effectual an Agreement, for an Exchange of a
Messuage, Lands, and Premises, in Great Thirkleby,
in the County of York, belonging to the said Sir Thomas Frankland, for the Vicarage-house and Glebe
Lands belonging to the Vicarage of Great Thirkleby
aforesaid:"
It is Ordered, That the Consideration of the said
Petition be, and is hereby, referred to Mr. Baron Mountague and Mr. Baron Fortescue; 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.
Sir Richard Barnardiston et al. versus Carter.
Whereas Friday next is appointed, for hearing the
Cause wherein Sir Robert Barnardiston Baronet and
others are Appellants, and William Carter Esquire Respondent; and for the Judges then to attend:
The House being this Day moved, at the Request, or
with Consent, of both Parties, "That the said Hearing
be adjourned to some further Day:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Tuesday next, the
First Business; and that the Judges do then attend.
Ambrose versus Ambrose.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Elizabeth Ambrose Widow is Appellant, and Thomas Ambrose and his
Wife, and Thomasin Ambrose by her Guardian, are
Respondents:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the Twentyninth Day of this Instant May, at Eleven a Clock.
Burk versus Morgan.
The House being moved, "That a Day may be appointed, for arguing the Errors assigned upon the Writ
of Error depending in this House, wherein Richard
Burk is Plaintiff, and Richard Morgan Defendant:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Saturday the First
Day of June next, at Eleven a Clock.
Blair to enter into Recognizance for Carre.
Upon reading the Petition of John Carre of Cavers
Esquire; praying, "In regard his Residence is in Scotland, that William Blair Gentleman may be allowed to
enter into a Recognizance for the Petitioner, on account of his Appeal depending in this House:"
It is Ordered, That the said William Blair may
enter into a Recognizance for the Petitioner, as desired.
Lawrence versus Lawrence.
Ordered, That the Hearing of the Appeal of Giles
Lawrence, whereunto Dulcibella Lawrence is Respondent, which is appointed for To-morrow, be adjourned
to Friday next, at Eleven a Clock.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum septimum diem instantis Maii, hora undecima
Auroræ, Dominis sic decernentibus.