DIE Veneris, 31 Maii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
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Epus. Sarum.
Epus. Landav.
Epus. Roffen.
Epus. Bristol.
Epus. Asaph.
Epus. Oxon.
Epus. Lincoln.
Epus. Exon. |
Ds. Cowper, Cancellarius.
Dux Kingston, C.P.S.
Dux Kent, Senescallus.
Dux Newcastle, Camerarius.
Dux Somerset.
Dux Bolton.
Dux Shrewsbury.
Dux Marlborough.
Dux Bucks & Nor.
Dux Montrose.
Dux Roxburgh.
Dux Portland.
Comes Derby.
Comes Lincoln.
Comes Dorset.
Comes Leicester.
Comes Northampton.
Comes Stamford.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Burlington.
Comes Radnor.
Comes Yarmouth.
Comes Nottingham.
Comes Rochester.
Comes Abingdon.
Comes Holderness.
Comes Scarborough.
Comes Warrington.
Comes Rochford.
Comes Greenwich.
Comes Poulet.
Comes Godolphin.
Comes Rothes.
Comes Buchan.
Comes Hadintoun.
Comes Loudoun.
Comes Delorain.
Comes I'lay.
Comes Strafford.
Comes Dartmouth.
Comes Rockingham.
Comes Bristol.
Comes Halifax.
Viscount Townshend.
Viscount Say & Seale.
Viscount Longueville.
Viscount Castleton. |
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Compton.
Ds. Teynham.
Ds. Bruce.
Ds. Cornwallis.
Ds. Lumley.
Ds. Carteret.
Ds. Guilford.
Ds. Gower.
Ds. Conway.
Ds. Rosse.
Ds. Belhaven.
Ds. Harcourt.
Ds. Boyle.
Ds. Hay.
Ds. Montjoy.
Ds. Mansel.
Ds. Trevor.
Ds. Lansdowne.
Ds. Foley.
Ds. Bathurst.
Ds. Harborough.
Ds. Carleton.
Ds. Coningsby.
Ds. Torrington.
Ds. Cadogan.
Ds. Romney.
Ds. Pawlet Bas. |
PRAYERS.
E. of Exeter & al. Bill.
Hodie 3a
vice lecta est Billa, intituled, "An Act for
confirming a Partition lately made of the Estate of
Sir John Brownlowe Baronet, deceased, in the Counties of Lincoln, York, Middlesex, and Hertford, remaining unsold, and Articles of Agreement relating
thereunto; and also the several Conveyances made of
the divided Parts; and for making effectual a Fine
and Recovery intended to be levied and suffered, of a
Fee Farm Rent of Twenty Pounds per Annum, Part
of the Estate in the said County of Hertford."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
A Message was sent to the House of Commons, by
Mr. Browning and Mr. Holford:
To carry down the said Bill, and desire their Concurrence thereunto.
E. Clanricarde versus Burke & Ux.
Whereas, on the 22d of July 1715, an Appeal of
John Earl of Clanricarde of the Kingdom of Ireland, and
the Lord Dunkellin his Eldest Son, was presented to the
House, and read; complaining of Part of an Order of
the Court of Chancery in Ireland; to which Appeal
Thomas Burke Esquire and Hellen Countess Dowager of
Clanricarde were ordered to put in their Answer in a
Fortnight:
The House being this Day moved, "In regard no
Answer has been as yet put in, though the said
Order was duly served, as by Affidavit appears, that
a peremptory Day may be appointed for that Purpose; or that a Time may be appointed for hearing
the Cause:"
It is thereupon Ordered, by the Lords Spiritual and
Temporal in Parliament assembled, That this House will
hear the said Cause, by Counsel, at the Bar, on Tuesday
the Second Day of July next, at Eleven a Clock; and
that the Respondents have forthwith Notice of this
Order, that they may put in their Answer to the said
Appeal in the mean Time, if they think fit.
Heath's Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
vesting the Estate late of Sir Thomas Heath Knight,
deceased, in Trustees, to be sold, for Payment of his
Debts, and other Uses."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr.
Browning and Mr. Holford:
To carry down the said Bill, and desire their Concurrence thereunto.
Rotherhith Church Bill.
The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act to
enable the Parishioners of St. Mary Rotherhith, in the
County of Surrey, (by certain Funeral Rates therein
mentioned) to finish the said Parish Church," was
committed: "That they had considered the said Bill,
and found the Allegations thereof to be true; and
that the Committee had gone through the Bill, and
directed him to report the same to the House, without any Amendment."
Address for a Lord High Steward, for the E. of Oxford's Trial.
The Earl of Clarendon, from the Committee appointed
to search Precedents, and report what is further proper
to be done, in order to the Trial of the Earl of Oxford,
acquainted the House, "That the said Committee, having
inspected Precedents, observed, That the First Step
usually taken, after the appointing a Trial upon an
Impeachment for High Treason, has been to address
for the appointing a Lord High Steward."
And his Lordship thereupon, by Direction of the
said Committee, moving for an Address to His Majesty
for that Purpose:
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That an humble Address be
presented to His Majesty, humbly to desire, "That His
Majesty will be graciously pleased to appoint a Lord
High Steward, for the Trial of the Earl of Oxford,
on Thursday the Thirteenth Day of June next."
Ordered, That the said Address be presented to
His Majesty by the Lords with White Staves.
Representation of the Commissioners for the forfeited Estates in England.
The House being informed, "That Mr. Branthwaite,
from the Commissioners appointed to inquire of the
Estates of certain Traitors and of Popish Recusants,
and of Estates given to superstitious Uses, in order
to raise Money out of them, severally, for the Use
of the Public," attended:
He was called in; and delivered, at the Bar, a Representation of such of the Commissioners of Inquiry
as have been appointed to execute the several Trusts
and Powers, in relation to England, and any other Parts
whatsoever, except Scotland, pursuant to the Act appointing the said Commissioners, and the Order of this
House, on the Twentieth Instant.
And then he withdrew.
Appeals from the House of Lords in Ireland.
The Earl of Stamford (according to Order) reported
from the Committee, appointed to consider the Petition
and Appeal of Maurice Annesley Esquire, presented to
this House the Seventh of May Instant; complaining
of a Decree, made by the House of Lords in Ireland,
the 19th of June 1716, upon an Appeal of Hester
Sherlock to that House, from several Decrees made in
the Court of Exchequer in that Kingdom, and to inspect Precedents as to Matters of the like Nature,
That the Committee have considered the Matter to
them referred; and also have inspected Precedents of
the like Nature; and find,
Report of Precedents.
"That, upon the 7th of January 1697, a Petition
and Appeal of the Society of the Governor and
Assistants, London, of the new Plantation in Ulster,
in the Kingdom of Ireland, against the Order or
Judgement given by the Lords Spiritual and Temporal of Ireland, in Parliament there assembled, the
24th of September then last past, upon the Petition
and Appeal of William Lord Bishop of Derry; against
an Interlocutory Order, and several subsequent Orders, made in the High Court of Chancery in the said
Kingdom of Ireland, in a Cause there depending, between the said Lord Bishop Plaintiff, and the Petitioners and others Defendants, was offered to this
House; setting forth, amongst other Things, "That
the Petitioners were advised, no Appeal did lie to
the House of Lords in Ireland, from any Decree of
the Court of Chancery in that Kingdom; but that
all Appeals from any Decree of that Court ought
to be prosecuted immediately before this House, as
being the Supreme Court of Judicature, as well for
Matters arising in Ireland as in this Kingdom;" and
the Petition therefore prayed, "That the said Order
of the House of Lords in Ireland might be reversed
and set aside; and that the Petitioners might receive
such Relief as should be agreeable to the great
Wisdom and Justice of this House."
"Upon which, a Committee was appointed, to consider the proper Methods of appealing from Decrees
made in the Court of Chancery in Ireland; and had
Power given them to send for Persons, Papers, and
Records.
"The next Day, being the 8th of the same Month,
Report was made from the Committee, of their
Opinion, "That the Lord Chancellor should write
to the Lords Justices of Ireland, to send to this
House an Account of the Methods of appealing from
Decrees made in the Court of Chancery in Ireland."
To which Report the House agreed. And the Lord
Chancellor accordingly prepared a Letter, which
was read, and agreed to; acquainting the said Lords
Justices, "That this House, having Occasion to be
informed of the Methods which had been practised
in appealing from Decrees made in the Court of
Chancery in Ireland, had commanded him to desire
their Lordships Assistance in that Matter; and that
they would with all convenient Expedition transmit
to this House as full and particular an Account
thereof as could be found.
"That, on the 21st of the same February, Report
was made from the Committee appointed to consider
of proper Methods of appealing from Decrees in the
Chancery of Ireland, "That they had received a Letter
from the Lords Justices of Ireland, with 39 Papers
enclosed, purporting to be Precedents relating to that
Matter, with an Abstract of the same; and were of
Opinion, that Eight of them, marked 15. 16. 17.
19. 22. 33. 37. and 38. together with the said Abstract, should be presented to this House, as most
proper for their Lordships Consideration."
"The Substance of the said several Papers, which
are attested Copies or Extracts of the Proceedings
entered in the Journals of the House of Lords in Ireland, is as follows:
"N° 15. 9 Februarii 1662. An Order, "That the
Judges prepare a Draught, to be presented to the
House, that no Cause, which might be determined in
the Courts of Justice, or Equity, should be admitted or heard in that House, except in Cases of
Appeals, Writs of Error, or Matter of Privilege."
"N° 16. 25 Junii 1662. The Cause between Lea
and Leslie, being concerning Matter of Title, and in
regard it did not come from any other Court by Way
of Appeal, therefore was dismissed."
"17. & 33. 20 Decembris 1662. Parks having
obtained Judgement in the King's Bench, in Debt,
against O'Harah; O'Harah brought his Writ of
Error, to remove it into Parliament; and Lord Santry,
being at that Time Chief Justice, brought in the
Writ and the original Record, and delivered them
into the House, according to Custom:
"9 Aprilis 1663. A Day was appointed, for hearing the Errors argued.
"19. 5 Julii 1661. Upon Application by the Earl
of Clancarty for a Writ of Error, for reversing his
Outlawry; the House ordered, they would make Use
of the speediest and nearest Expedient for taking it
off; and ordered, that the Lord Chancellor should
be desired to grant him a Writ of Error returnable
into this House; and that the Earl of Barrymore
and Baron of Kingston should wait on him to that
Purpose.
"N° 22. 27 Julii 1661. The Lord Viscount Ranelagh appealed from a Decree given against him by
the late pretended Court of Chancery in 1658, in
the Time of the late Usurper, for £. 300. It appeared, the Appeal was received; that Pawlet appeared, and took out a Copy of the Petition; but, not
having answered, a further Day was given; and if
he did not put in a full Answer, the said Lord Viscount was to be heard ex. Parte: It appeared also, he
was served with that Order; and, he not appearing,
the House proceeded, heard the Cause, and reversed
the Decree; but left Pawlett at Liberty to take his
Remedy, if any he had, by Course of Law or
Equity, and the said Viscount to waive his Privilege as
to that Particular.
"37. 29 Octobris 1695, An Appeal was brought,
by the Earl and Countess of Meath, against a Dismission given in the Chancery of the Palatinate Court
of Tipperary; and, on Hearing, the Dismission was reversed; and a Decree was made, for Possession of
the Lands in Difference; and that the Chancellor in
that Court should cause the Appellants to be put into
Possession.
"N° 38. 29 Octobris 1695. An Appeal was
brought, by Samuel Maynard Esquire, against a Verdict given in the same Palatinate, on an Issue by
leading Order out of the Chancery Court there; and,
on full Hearing, the same was dismissed.
"Which Precedents being read out of the said
Abstract, and the House being informed the Parties
concerned desired Copies thereof; it was Ordered,
That all the said Parties concerned for and against
the Proceeding of the House of Lords in Ireland,
might have Copies of the Precedents returned to this
House from that Kingdom.
"That, on the 20th of April 1698, a Petition of the
said Society of the Governor and Assistants, London,
was presented to this House, and read; setting forth,
"That they, having obtained Copies of some Precedents, or Cases, from Ireland, relating to the
Method of appealing from Decrees in the Chancery
in the said Kingdom, were ready to offer several
Things to the Consideration of this House, in order
to their Lordships receiving and proceeding upon the
Petitioners Appeal;" and praying, "That a Day
might be appointed, to hear both Parties, by their
Counsel, touching the Jurisdiction and Merits of the
said Cause, as set forth in their said Appeal:" It
was Ordered, "That the Petitioners should give the
Agents for the Bishop of Derry a Copy of the said
Petition; and Notice, that this House would hear
Counsel, as to that Part of it which related to the
Jurisdiction of the House of Lords in Ireland only,
on the 9th of May then next."
"That, on the 10th of May, an Order was made, to
hear Counsel peremptorily the 20th of the same
May, the House not sitting on the 9th.
"That, on the said 20th of May, upon hearing
Counsel on both Sides, it was Resolved, "That the
Appeal to the House of Lords in Ireland, from the
Decree of the Court of Chancery in that Kingdom,
made in a Cause wherein the Bishop of Derry was
Appellant, and the said Society of the Governor
and Assistants, London, were Respondents, was coram
non Judice;" and that all the Proceedings thereupon
were null and void: And a Committee was appointed,
to draw up an Order pursuant to the said Resolution.
"That, on the 24th of the same May, Report was
made from the said Committee, of a Draught of an
Order accordingly; which was agreed to by the
House; and thereby it was declared, as an Addition
to the forementioned Resolution, "That the Court of
Chancery in Ireland ought to proceed in the said
Cause, as if no such Appeal had been made to the
House of Lords in Ireland; and if either of the said
Parties found themselves aggrieved by the Decree on
Orders of the said Court of Chancery, they were at
Liberty to pursue their proper Remedy, by Way of
Appeal to this House." And their Lordships then ordered the Lord Chancellor to write a Letter to the
Lords Justices of Ireland, and send them a Copy of
the said Order, Judgement, and Declaration, of this
House.
"That, on the 22d of June then next following,
the Lord Chancellor acquainted the House, "That
he had received a Letter from the Lords Justices of
Ireland, wherein they acknowledge the Receipt of a
Copy of the said Order."
"That, on the 11th of February 1698, a Petition of
Edward Ward Esquire, an Infant, Grandson and
Heir Apparent to the Right Honourable Edward
Lord Dudley and Ward, by Frances Ward Widow, his
Mother and Guardian, and of John Levett Esquire
and Mary his Wife, was offered to this House; which
complained of an Order and Judgement of the House
of Peers in Ireland, made and given on the 29th of
October 1695, upon their hearing the Appeal of
the Earl and Countess of Meath, against an Order of
Dismission of the Court of Chancery in the County
Palatine of Tipperary; and which set forth, amongst
other Things, "That the Petitioners were turned out
of Possession of the Estate in Question, and the said
Earl and Countess put into the same; which Proceedings of the said House of Lords in Ireland were,
as the Petitioners were advised, arbitrary, illegal,
and unwarrantable, and tended to the Destruction of
the legal Rights and Privileges of the House of
Peers in England;" and prayed, "That the said
Order and Judgement of the House of Peers in
Ireland, and all Proceedings thereupon, might be reversed and set aside, and made null and void ab Initio;
and the Petitioners restored to the Possession of their
said Estate." And thereupon a Committee was appointed, to consider of the said Petition; and likewise
what had been done in Pursuance of the said Judgement of this House, on the 24th of May, in the
Case upon the Petition of the Society of the Governor and Assistants, London, aforementioned.
"That, upon Report from the said Committee, the
14th of the same February, the Lord Chancellor was
ordered to write to the Lords Justices of Ireland, to
desire an Account of what had been done in Pursuance of the Judgement of this House, transmitted
to them; and the same Day, upon reading the
abovementioned Petition of the said Edward Ward
and of John Levest and Mary his Wife, the said Earl
and Countess of Meath were ordered a Copy of the
said Petition, and to answer thereunto on the 28th
of March then next following.
"That, on the 20th of the same March, the Lord
Chancellor acquainted the House, "He had received a
Letter from the Lords Justices of Ireland, dated at
Dublin Castle the 7th of that Month, in Answer to
his Letter to them of the 14th of February then last
past, desiring an Account of what had been done in
Ireland in Pursuance of the said Judgement of this
House of the 24th of May; which Letter was to the
Effect following; (videlicet,) "That, as soon as the
Lord Chancellor came out of England, they the
Lords Justices shewed his Lordship the Judgement of
this House aforementioned, and were by him assured, that, since their receiving the same, there had
not been any Proceedings in the Chancery in Ireland,
in the Cause between the Bishop of Derry and the
said Society of the Governor and Assistants, London,
neither of the said Parties having made Application
to the said Court in any Matter relating to that Cause."
And upon reading the said Letter in this House, the
Lord Chancellor was ordered to write again to the
said Lords Justices, to let them know, "This House
was not satisfied with their Answer; but desired a
particular Account of what had passed in Ireland since
the said Judgement of this House."
"That, on the 24th of the same March, a Petition
of the said Society of the Governor and Assistants,
London, was offered to this House; setting forth the
several Proceedings of this House formerly had
thereupon; and, "that with much Difficulty and
Hazard they had procured the Bishop of Derry to be
personally served with the forementioned Order of
this House of the 24th of May; that the said Bishop
moved the House of Lords in Ireland, the 2d of November 1698; and obtained Two Orders of that
House, to take into Custody the Sheriffs of Derry, for
not obeying their Orders; and the Serjeant at Arms
of the House of Lords in Ireland, in a tumultuous
Manner, carried them Prisoners to Dublin, and forced
the late Sheriffs to abscond; and, on the 19th of the
same November, the said Bishop obtained an Order
of the House of Lords in Ireland, for apprehending
the Petitioners Agent, for serving the Bishop with the
Order of the House of Lords in England; and obtained another Order from the Lords in Ireland, to
put him into Possession, and for the aprehending
Five of the Petitioners Tenants, for opposing the giving the said Possession; and had by these unwarrantable
Proceedings got Possession accordingly; all which,
and many other irregular Proceedings of the said
Bishop, contrary to the said Order of this House of
the Twenty-fourth of May, the Petitioners were
ready to prove; and prayed such Redress in the Premises, as to the great Wisdom of this House should
be thought fit."
"Then a Committee was appointed, to consider of
the said Petition, and what was fit to be done thereupon.
"The next Day, being the 25th of the same March
1699, Report was made from that Committee, "That,
upon Examination of Persons, and reading several
Orders of the House of Lords in Ireland, and an
Affidavit of one John Campbell, it was the Opinion of
the said Committee, That an Address should be presented to His Majesty, That the Lords Justices in
Ireland should send over in Custody the Bishop of
Derry, Mr. Lloyd Serjeant at Arms to the House of
Lords in Ireland, Mr. Scott his Deputy, and Lieutenant Colonel Livesay Commander in Chief at London
Derry." Which Report the House agreed to; and the
same Committee was appointed to draw an Address
thereupon.
"That, on the 29th of the same March, Report was
made from the Committee, of the said Address; setting forth at length the Petition of the said Society
and Assistants, London, last mentioned; and that the
Allegations thereof had been examined by this House,
and was proved upon Oath; which Address alledged,
"That the Proceeding of the said Bishop of Derry,
Lloyd, Scott, and Livesay, was an high Contempt of
the said Order of this House, of the 24th of May;"
and took Notice, "that that illegal Proceeding had
been committed in another Kingdom, though dependant on this, and consequently subject to the Judgement of this House in all Cases brought by Appeal
hither;" and concluded, "That this House conceived
it the most respectful Way, to address His Majesty, that
He would be pleased to give effectual Order for the
forthwith bringing over in Custody, to appear at the
Bar of this House, the said several Persons, in order
to answer for their said high Contempt." Which Address being read, and agreed to; the Lord Chancellor
was ordered to attend His Majesty with the same.
"That, on the 18th of April following, the Lord
Chancellor gave the House an Account of the Proceedings he received from the Lords Justices of Ireland, to the Effect following; (videlicet,) A Letter
from the Lords Justices of Ireland to his Lordship,
dated at Dublin Castle, the 8th of April 1699; expressing "their great Concern, that their Letter to him, of
the 7th of March then last past, was not satisfactory to this House; that they had not known or
heard of any Thing which had passed relating to the
Case of the Society and Bishop of Derry, since the
aforementioned Order of this House of the 24th of
May, save only what had been transacted in the
House of Lords in Ireland, and what had happened
in the Execution of their Orders; they therefore
required from the Speaker of the House of Lords in
Ireland an Account of the Proceedings of that House;
which Proceedings were fully stated in the said
Speaker's Report; and they were assured, that, in
Pursuance of the Orders in the said Report mentioned, the Tenants of the Society had been turned
out and dispossessed of the Lands in Dispute, and
Possession delivered to the Bishop of Derry, or his
Agent; that the Two present Sheriffs of London
Derry were taken into Custody about Midnight, at
the Officer's Arrival, in a Manner somewhat extraordinary: Lieutenant Colonel Livesay, who had officiously intermeddled, they the Lords Justices had suspended (fn. *) him from his Command and Pay, under
which he continued."
"The Representation of the Lord Chancellor of
Ireland, which was enclosed in the above-mentioned
Letter, was dated the 8th of April 1699; and first
took Notice of the Receipt of the Lords Justices
Letter of the 4th of the same April, requiring an
Account of what had passed in the House of Lords in
Ireland; then informed their Excellencies, "That the
House of Lords in Ireland did, the 24th of September 1697, order Possession of the Lands in Question to be delivered to the Bishop of Derry, or his
Order; and on the 30th of November then next following, upon Complaint of the said Bishop of the
Under-tenants re-entering into Possession, the House
of Lords in Ireland ordered the Sheriffs to put the said
Bishop, or his Attorney, again into the actual Possession of the said Lands, and quiet him therein.
"On the 2d of November 1698, the Sheriffs were
ordered into Custody, by the House of Lords in Ireland,
for not obeying their said Order of the said 30th of
November; and on the 12th of November 1698, some
of the Under-tenants were also taken into Custody,
for disturbing the said Bishop's Possession.
"That, on the 18th of the same November, the
House of Lords in Ireland ordered the said Bishop to
be put into the actual and peaceable Possession of
the said Lands; and the next Day ordered one John
Campbell to be taken into Custody, for serving the
said Bishop with an Order of the House of Lords in
England; and on the 3d of December then next
following, several Persons were ordered into Custody,
by the House of Lords in Ireland, for opposing the
Coroners in giving the said Bishop Possession."
"Next, the Lord Chancellor acquainted this House,
That he had attended His Majesty, with their
Lordships Address aforementioned; and that His Majesty had commanded him to let the House know,
He would always have a great Regard to their Privileges, and would consider of some proper Method
for doing what was desired by the Address."
"That, on the 26th of April 1699, a Petition of the
said Society of the Governor and Assistants, London,
was presented to this House, and read; praying,
"That the Petitioners might be ordered to be put
into the quiet Possession of the Premises then in
Question." And thereupon it was ordered, "That the
Lord Chancellor of Ireland, or Commissioners for
executing that Office, should forthwith give Order,
that the Petitioners and their Tenants should be restored to, and kept in the quiet Possession of, the said
Premises, as they were at the Time of making the
Orders and Decree by the Chancery in Ireland, from
which the said Bishop appealed to the House of
Lords in Ireland."
"The same Day, this House took into Consideration
the Plea of the Earl of Meath and his Wife, to the
Appeal of Ward and others, put into this House the
20th of the same April; which Plea alledged, "That
the Parliament in Ireland was the Supreme Judicature
in that Realm; and that the Courts of Justice, Magistrates, Judges, Officers, and Subjects therein, were
liable to the Judgement of the said Parliament in
Ireland, which had been, were, and ought to be,
definitive and conclusive to them; and the said Earl
and his Wife did therefore plead, and insist upon,
the Decree of the House of Peers in Ireland to be
final to the said Appellants; and the said Earl and his
Wife did plead and insist upon the said Decree, and
also on the Privilege of the said Earl, and prayed
the Benefit thereof; and demanded the Judgement of
this Court, if they should be compelled to answer
the Appeal of the said Ward and others, then depending in this House." And thereupon this House
ordered the said Plea to be over-ruled and set aside;
and the said Earl, or his Agent, to put in an Answer
to the said Appeal on the 28th of the same April;
and appointed the 29th, being the next Day, for
hearing the Cause.
"That, on the said 28th of April, a Petition of the
Agent for the said Earl of Meath and his Wife, praying further Time for answering, was read, and rejected.
"That, the said 29th of April, Counsel attended, and
were heard, in Behalf of the Petitioners, the said
Ward and others; but the said Earl and Countess
of Meath neither put in any Answer, nor appeared,
nor attended by their Counsel. The said Counsel for
the Petitioners acquainting this House, "That, in the
House of Lords in Ireland, the Order of Dismission
in the Chancery Court in the County Palatine of
Tipperary, made in the Cause between the said Earl
and Countess and the Petitioners, had been reversed;"
it was thereupon Ordered, Declared, and Adjudged,
by this House, That the Appeal of the said Earl and
Countess of Meath, from the said Order of Dismission,
to the House of Lords in Ireland, was coram non Judice;
and that all the Proceedings thereupon were null and
void; and that the Petitioners then before this House
should be put into Possession of all such Lands as the
said Earl and Countess had obtained the Possession of
by the Order of the House of Lords in Ireland; and
if the said Earl and Countess should find themselves
aggrieved by the said Order of Dismission, they were
at Liberty to pursue their proper Remedy, by Way
of Appeal to this House."
"That, on the 1st of May following, the Lords with
White Staves were ordered to acquaint His Majesty,
That, the End of this Session approaching, this House
only desired that the Bishop of Derry might be
brought to this House, in Custody, at the Beginning
of the next Session."
"That, on the 29th of November 1699, the Lord
Chancellor acquainted the House, "That he had
received a Letter from the Lord Chancellor of Ireland, dated at Dublin, November the 18th, 1699;
which took Notice, "He had lately informed his Lordship of what passed in the Chancery in Ireland, relating to the Order of this House concerning the
Bishop of Derry; but, believing this House would be
willing to have all the Satisfaction possible in that
Matter, he had sent the Account he had from the
Sheriffs of Derry, of the full Execution of his
Order, and the peaceable and quiet Possession the
Society were now in of all the Lands in Question;
that the said Bishop of Derry had not made the least
Attempt in the Court of Chancery, that Term, to
alter the State of that Matter; and there was likewife the same entire Obedience given to the Order relating to my Lord Meath, for the Possession of the
Lands in Tipperary; and if there remained any Thing
further to satisfy this House, he said; he had received
His Majesty's Leave, and hoped to be in London in a
very short Time."
"That, on the 6th of December following, a Petition
of Andrew Lloyd was read; setting forth, "That he
was taken into Custody, pursuant to the Address of
this House, for apprehending, amongst others, Andrew Lloyd, Serjeant of the House of Lords in Ireland; whereas the Petitioner never was Serjeant at
Arms, nor officiated the said Place; and therefore
prayed to be discharged." And he was thereupon
discharged accordingly.
"Also, the same Day, a Petition of Lieutenant Colonel Livesay, was read; setting forth, "That he,
hearing there was a Warrant against him, for Contempt of an Order of this House, surrendered himself to the Messenger who had the said Warrant, and
humbly submitted himself to this most Honourable
House;" whereupon it was ordered, that the said
Messenger should deliver the Petitioner into the
Custody of the Black Rod; who was directed to bring
him to the Bar of this House the next Day.
"Accordingly, the next Day, the said Lieutenant
Colonel was brought to the Bar; and reprimanded,
on his Knees, for his Offence; and was discharged,
paying his Fees.
"That, on the 9th of January then next following,
some Letters relating to the Bishop of Derry were
laid before this House, by His Majesty's Command.
"Which the next Day being read; a Committee was
appointed to draw what should be entered in the
Journals, upon Debate and Consideration of the aforementioned Matter.
"That, on the 11th of the same January, Report
was made from the Committee, of the Two Letters
laid before this House. The First was from the Bishop
of Derry to Mr. May, Secretary to the Lords Justices
of Ireland, dated London Derry, December the 15th
1699; representing his Disability, through Want of
Health, to come to London; and entreating the said
Mr. May to lay his Circumstances before their Excellencies; hoping they would represent them to His
Majesty, to excuse his Delay, till he was able to pay
that Obedience which he owed to His Majesty's Gracious Pleasure.
"The other Letter was from the Bishop of Down
and Connor to the Lords Justices; giving an Account
of the deep Sense the said Bishop of Derry had of
his Duty to His Majesty; and that he could not at
that Season go to England, without manifest Danger
of his Life.
"Upon which, this House, being sensible that their
Address to His Majesty for the said Bishop's being
sent over could not be complied with, by reason of
his Disability, without Hazard of his Life, were
willing to acquiesce in that plain and true Excuse,
and did therefore dispense with the said Bishop's Attendance.
"That, on the 9th of February 1711, a Petition and
Appeal of John Haltridge Esquire and Grace his
Wife, was presented to this House, and read; setting forth, "That the Court of Exchequer in Ireland,
the 5th of December 1710, upon hearing the Cause
then depending in the said Court, wherein Dame
Charity Sands was Plaintiff, and the said Haltridge and
his Wife were Defendants, the said Court ordered
and decreed the said Plaintiff's Bill to be dismissed;
from which Order and Decree the said Dame Charity
appealed to the House of Lords in Ireland, then in
Parliament assembled; whose Lordships pretending to
have a Jurisdiction, though really they had none, the
said Cause came on to be heard the 16th of October
then next following; and the 26th of the same
Month the said House of Lords in Ireland did decree, "That the said Decree of Dismission of the
said Court of Exchequer, and all Proceedings thereon,
should be reversed;" and, amongst other Things, ordered the said Haltridge and his Wife to pay the
said Dame Charity £. 20. Costs, for the Prosecution
of her said pretended Appeal; and directed, that the
Costs in the said Court of Exchequer then expended,
or to be expended, by the said Dame Charity, should
be taxed by the proper Officer of that Court, and
paid by the said Haltridge and his Wife, to her the
said Dame Charity; and, by the said Decree of the
House of Lords in Ireland, the said Court of Exchequer were directed to put the same in Execution
forthwith." And the said Appeal of Haltridge and his
Wife to this House further set forth, "That they
were aggrieved by the said Proceedings of the House
of Lords in Ireland; and were advised, the said pretended Appeal ought not to have been received by
them, nor ought they to have examined or reversed
the said Decree of the said Court of Exchequer; but
that the whole Proceedings of the House of Lords
in Ireland were coram non Judice, and entirely null
and void, they having no Jurisdiction or Power to
intermeddle therein; yet the said Court of Exchequer, on the 15th of November 1711, did order,
that the said pretended Decree, made by the said
House of Lords in Ireland, should be received and
entered in the Chief Remembrancer's Office in the
said Court; and several subsequent Orders were made
by the said Court thereupon." And the said Petition
and Appeal of the said Haltridge and his Wife to this
House complained of the said Orders of the said Court
of Exchequer, for that the same were grounded solely
on the pretended Decree of the House of Lords in Ireland; and prayed, "That this House would reverse
the said Order of the said Court of Exchequer, of
the 15th of November 1711, and all Proceedings subsequent or pursuant thereto; and confirm the said Decree of Dismission made by the said Court of Exchequer, the said 9th of December 1710; and relieve
the Petitioners the said Haltridge and his Wife, according to the great Wisdom and Justice of this
House." And thereupon this House ordered, That
the said Dame Charity Sands might have a Copy of
the said Appeal; and she was thereby required to
put in her Answer thereunto, on or before the 15th
of March then next following.
"That, on the 17th of the same March, the said
Appeal of Haltridge and his Wife was, upon Motion,
ordered to be dismissed this House; they having
not entered into a Recognizance, pursuant to their
Lordships Standing Order.
"And the Committee further report to your Lordships, That they have considered the said Petition of
Maurice Annesley, to them referred; as also the several Proceedings hereby particularly laid before
your Lordships; and observe, That, in the Case
upon the Appeal of the Society of the Governor and
Assistants, London, aforementioned, against the Bishop
of Derry, the Appellants complained of the Want
of Jurisdiction in the House of Lords in Ireland, as
well as of the Decree made by that House; and
that, in the Case upon the Appeal of Ward and others,
against the Earl and Countess of Meath, the Appellants complained only of the Want of Jurisdiction
in the House of Lords in Ireland; and that, in the
Appeal of Haltridge and his Wife, against Dame
Charity Sands, the Appellants complained as well of
the Want of Jurisdiction in the House of Lords in
Ireland to receive any Appeal; as also of several
Proceedings of the Court of Exchequer in that
Kingdom, in Pursuance of the Decree of the said
House of Lords there. But the Committee observe,
that, in the present Appeal of the said Maurice Annesley, the Appellant does not complain of the Want
of Jurisdiction in the House of Lords in Ireland, but
only that he is aggrieved by the Decree made by
their Lordships. And the Committee conceiving some
Doubt, whether the receiving this Appeal may not
be construed as an Admission, by this House, of the
Jurisdiction of the House of Lords in Ireland to hear
Appeals from the Courts of Equity there, do submit
it to your Lordships, whether this Appeal be fit to
be received and proceeded on or not."
Which Report being read by the Clerk:
Ordered, That the further Consideration thereof
be adjourned to this Day Sevennight; and that the
Lords be summoned then to attend.
Thanks to Bp. Exeter, for his Sermon.
Ordered, That the Thanks of this House be, and
are hereby, given to the Lord Bishop of Exeter, for
his excellent Sermon preached before this House, on
Wednesday last, at the Abbey Church, Westminster; and
he is hereby desired to cause the same to be forthwith
printed and published.
Austen & al. versus Nicholas.
The House being moved, "That a Day may be appointed, for hearing the Cause wherein Robert Austen
Esquire and others are Appellants, and Mathew
Nicholas Clerk is Respondent:"
It is Ordered, That this House will hear the said
Cause, by Counsel, at the Bar, on Thursday the Fourth
Day of July next, at Eleven a Clock.
Rotherhith Church, Bill.
Hodie 3a
vice lecta est Billa, intituled, "An Act to
enable the Parishioners of St. Mary Rotherhith, in
the County of Surrey, (by certain Funeral Rates
therein mentioned) to finish the said Parish Church."
The Question was put, "Whether this Bill shall
pass?"
It was Resolved in the Affirmative.
Message to H. C. that the Lords have agreed to it.
A Message was sent to the House of Commons, by
Mr. Browning and Mr. Holford:
To acquaint them, that the Lords have agreed to the
said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati,
primum diem (fn. *) instantis Junii jam prox. sequen. hora
undecima Auroræ, Dominis sic decernentibus.
Die Veneris, 12 Julii, 1717,
hitherto examined by us,
Westmorland.
Stamford.
Clarendon.
Rochester.
Say & Seale.
Coningesby.