House of Lords Journal Volume 20: 17 February 1718

DIE Lunæ, 17 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Holborne versus Babbington, Writ of Error from Ireland.

The House being informed, "That a Person attended, with the Transcript of a Record of the Court of Exchequer in Ireland, on a Writ of Error returnable in Parliament:"

He was called in; and delivered, at the Bar, the Transcript of the said Record; and attested, upon Oath, "That the same was a true Transcript, he having examined it with the Record in the said Court of Exchequer."

And then he withdrew.

In which Writ of Error, James Holborne is Plaintiff, and William Babbington Defendant.

Lanoy, &c. versus Werry, &c.

Upon reading the Petition and Appeal of Sir Timothy Lanoy Knight and Thomas Vernon Esquire; complaining of Part of an Order made by the present Lord Chancellor, on arguing Exceptions to the Master's Report, the 17th Day of December last, in a Cause wherein the Appellants were Plaintiffs, and John Werry and John Trewolla Defendants; and praying, "That so much of the said Order as disallows the 2d and 4th Exceptions to the Master's Report, so far as they relate to the Forty-six Days the said Defendants, with their Ships The Swallow and Beak Gallies, staid at Falmouth, may be reversed; and the said Exceptions so far allowed, and the Appellants discharged from the Payment of any Demurrage in respect thereof, or be otherwise relieved touching the same, as to this House shall seem meet:"

It is Ordered, That the said John Werry and John Trewolla may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer thereunto, in Writing, on or before Monday the Third Day of March next.

St. Michael Cornhill, Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for finishing the Tower of the Parish Church of St. Michael Cornhill, London, out of the Duties arising pursuant to the Act of the Ninth Year of the late Queen, for building Fifty new Churches, in and about the Cities of London and Westm'r, and the Suburbs thereof."

Ordered, That the said Bill be committed to a Committee of the whole House, on Wednesday next, after the Hearing of the Cause on that Day appointed.

Basingstoke Highways, Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for repairing the Highways from Crown Corner, in the Town of Reading, (leading by) and through the several Parishes of Shinfield and Heckfield, in the several Counties of Berks, Wilts, and Southampton, to Basingstoke, in the said County of Southampton."

Coin Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for encouraging the bringing of Foreign Bullion into the Mint, to be coined; and to prevent the melting down the current Coin of this Kingdom."

Ordered, That the Judges have Copies of the Resolutions which were reported from the Select Committee, and agreed to by this House, on Saturday last; and that they do prepare a Clause, or Clauses, thereupon, to be made Part of the said Bill, if the House shall think fit; and that the said Bill be read a Second Time on Thursday next; and that the Judges, or some of them, do then attend this House.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlet and others:

With a Bill, intituled, "An Act to empower the Commissioners appointed to put in Execution the Acts of the Ninth and Tenth Years of Her late Majesty's Reign, for building Fifty new Churches, in and about the Cities of London and Westminster, and Suburbs thereof, to direct the Parish Church of St. Giles in the Fields, in the County of Middlesex, to be re-built, instead of One of the said Fifty new Churches."

Byrne versus Hartpole & al.

After hearing Counsel, upon the Petition and Appeal of Dame Anna Dorothea Byrne, Executrix of the last Will and Testament of Sir Daniel Byrne Baronet, deceased, and of Sir John Byrne Baronet, an Infant, Son and Heir of the said Sir Daniel Byrne, by the said Dame Anna Dorothea his Mother and Guardian; complaining of a Decree, or Decretal Order, made in the High Court of Chancery in Ireland, the last Day of May 1715, in a Cause wherein the said Sir Daniel Byrne was Plaintiff, and George Hartpole, an Infant, by Sir Peirce Butler Baronet his Guardian, and others, Defendants; and praying Relief: As also upon the Answers of George Hartpole and Joseph Fade and Abell Strettell, Executors of the last Will and Testament of Joshua Wilcocks deceased, Elizabeth Wilcocks his Widow, and Isachar his Son and Heir, and others, put in to the said Appeal; and due Consideration of what was offered on either Side in this Cause:

Judgement reversed.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Decree, or Decretal Order, of the said Court of Chancery, whereby a Redemption of the Premises in Question was decreed for the Defendants, on the Bill of Revivor preferred by Sir Daniel Byrne Baronet deceased, the Appellant Sir John's Father, be, and is hereby, reversed; it being improper to decree a Redemption for the Defendants on such Bill: And that, instead thereof, it is hereby further Ordered, and Adjudged, That the collusive Proceedings and Decree thereupon made, complained of in the Bills brought by the Appellant Sir John's said late Father, be, and are hereby, set aside; and that Possession of the Estate in Question be forthwith delivered to the Appellants, which the said Court of Chancery is to see performed accordingly; and the Profits thereof are to be accompted for by such Persons or Person as received the same, or their Representatives, from the Death of Sir Gregory Byrne, Father of the said Sir Daniel, when the Appellants Title to the said Estate commenced; and that the Writings concerning the Appellants Title to the Estate in Question, in the Custody of the Respondents, or any of them, or in their or either of their Power, be delivered by the Respondents respectively to the Appellants; but this to be without Prejudice to the Question, whether the said Estate of the Appellants be redeemable or not, whenever it shall be brought into Judgement by a proper Suit or Bill: And the Appellants, being thus relieved, are to have their Costs paid them by the Respondents, to be taxed by a Master in the said Court of Chancery.

E. Burlington's Bill.

The Earl of Clarendon reported from the Lords Committees, to whom the Bill, intituled, "An Act to enable Richard Earl of Burlington to make Leases of a Piece of Ground behind Burlington House," was committed: "That they had considered the said Bill; and that the Allegations thereof were true; that the Parties concerned had given their Consents; and that the Committee had gone through the Bill; and directed him to report the same to the House, without any Amendment."

Ordered, That the said Bill be engrossed.

Judges to attend about the Mutiny Bill.

Ordered, That the Judges do attend the Service of this House To-morrow, on account of the Second Reading of the Bill for punishing Mutiny and Desertion.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum octavum diem instantis Februarii, hora undecima Aurora, Dominis sic decernentibus.