House of Lords Journal Volume 18: 1 December 1707

DIE Lunæ, 1 Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Charles Earl of Carnarvon, Archibald Earl of Roseberie, and John Lord Hervey, took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, and also made and subscribed the Declaration, pursuant to the Statutes.

Risteau & al. Nat. Bill.

Upon reading the Petition of John Risteau and others; praying Leave to bring in a Bill for their Naturalization:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave given them to bring in a Bill, according to the Prayer of their Petition.

Commodore Kerr complained of, for Misbehaviour at Jamaica:

The House being informed, "That an Account hath been given, upon Oath, to the Committee appointed to consider of the Petition of several Merchants, on the Behalf of themselves and others, Traders of the City of London, in relation to Commodore Kerr's Misbehaviour at Jamaica:"

Hereupon the following Order was made:

Address for him to attend.

"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, humbly to desire She would please to give Order that Commodore Kerr (as soon as he comes to Town) do attend this House; a Complaint against the Behaviour of the said Commodore Kerr, at Jamaica, being now under the Examination of this House."

Report of Committee, Count. Radnor versus Sir R. Child.

The Earl of Rochester reported from the Lords Committees, appointed to consider the Petition and Appeal of Sarah Countess Dowager of Radnor, and to state the Matter of Fact in relation to the Proceedings formerly had in this Case in this House, as follows; (videlicet,)

"That their Lordships find, That, on the Four and Twentieth of March One Thousand Six Hundred Ninety-nine, a Petition of the said Countess Dowager of Radnor was read; setting forth, "That her late Husband had an Estate in Marriage with her, worth Thirty Thousand Pounds; and having been seised, during her Coverture, of the Sixth Part of divers Manors, which Sixth Part was of the Value of Twelve Hundred Pounds per Annum, and dying without making any Settlement or Jointure on her, she brought a Writ of Dower, to recover her Thirds of the said Sixth Part; to which Abraham Vandebendy Esquire, the Tenant, to that Action, pleaded in Bar, a Term for Ninety-nine Years, created by the Earl of Warwick, for securing the Payment of certain Annuities out of the whole Estate; and Judgement was given for her in Dower, with a Cesset Executio until Determination of the said Term.

"That thereupon the Petitioner exhibited her Bill in Chancery, against the said Abraham Vandebendy, to be paid her Thirds of the said Sixth Part, or the said Term for Ninety-nine Years may be set aside, she paying her Share of the said Annuities; for that the same was created only for the special Purpose to secure the said Annuitants, and, after that Trust performed, to attend the Inheritance, of which the Petitioner's Estate in Dower was Part; and also to be relieved against a dormant Statute of One Thousand Pounds, kept on Foot to bar the Petitioner of her Dower.

"That the said Abraham Vandebendy having pleaded to the said Bill the said Term of Ninety-nine Years, and the said Statute of One Thousand Pounds, the Lord Chancellor Jeffreys, on the Twentieth of May, 2^do Jacobi II^di, heard the Cause; where the Petitioner's Counsel insisting "that the, coming in by Act of Law, was equally entitled to Relief as if she had been in by Jointure or Settlement, or Act of the Party; and therefore that the Lease in Trust, for Payment of the said Annuities, ought to attend her Estate in Dower;" his Lordship decreed, "That the Petitioner should be relieved; and that the said Abraham Vandebendy should withdraw his Plea, as to the said Term for Years; and that the said Statute and Lease should not be made Use of, to obstruct her Recovery."

"The said Petition doth further set forth, "That soon after the said Abraham Vandebendy died, without performing the said Decree; whereupon the Petitioner brought her Bill of Revivor against John Vandebendy his Son and Sir John Rotheram, a pretended Purchaser under the said Abraham Vandebendy; and that the said John Vandebendy and Sir John Rotheram having answered to the said Bill, the Cause was heard before the Lord Chancellor Sommers, on the Thirteenth of February One Thousand Six Hundred Ninety-six, where, it being insisted that Nathaniel Rich, who had an Annuity secured by the said Term of Ninety-nine Years, was then living, his Lordship dismissed the Petitioner's Bill; and praying the said Decree of Dismission might be reversed, and the Appellant relieved."

"Their Lordships find, That, in Pursuance of an Order of this House of the Four and Twentieth of March One Thousand Six Hundred Ninety-six, the said John Vandebendy and Sir John Rotheram put in their respective Answers to the said Petition; and the said John Vandebendy setting forth therein, That his Father was a real Purchaser of the said Estate; and that himself, by virtue of the Agreement made upon the Marriage of his Mother with his said Father, and a considerable Portion with her, and a Conveyance executed thereof, was become also a real Purchaser of the said Estate; and that, he and his Father being such Purchasers, they had just Reason to insist on the Assignment of the said Term of Ninety-nine Years, for protecting the Premises from the Petitioner's Claim of Dower:" And the said Sir John Rotheram shewing, by his Answer, "That Abraham Vandebendy having, as he was advised and conceived, a good Estate of and in the Premises, subject to several Annuities for Lives payable thereout, he, for Four Thousand Pounds, in the Year One Thousand Six Hundred Seventy-eight, purchased a Part thereof; and that not only several Incumbrances, but the Term of Ninetynine Years, had been assigned, for the Benefit as well of the said Abraham Vandebendy, as of the Respondent's Purchases of the Premises; and that, not being a Party to the Petitioner's Suit before the late Lord Jeffreys, the Decree made therein ought not to affect him."

"Their Lordships also find, That the House, after bearing Counsel, on the Twelfth and the Fourteenth Days of April One Thousand Six Hundred Ninetyseven, on the said Petition and Answers, ordered and adjudged, "That the said Petition and Appeal should be dismissed; and that the Decree of Dismission therein complained of should be affirmed."

"And their Lordships further report, That they have considered the Petition of the said Countess of Radnor, referred to them on the Seventeenth Instant, setting forth the Proceedings formerly had in this Cause, as is above rehearsed; and that Nathaniel Rich, who had an Annuity secured by the said Term of Ninety-nine Years, is lately dead; and that there is now no other Annuity secured by the said Term of Ninety-nine Years; and therefore the same ought not longer to be made Use of to bar the Petitioner of her Dower, which was not her Case on the said former Bill; and therefore, on that new Matter, the Petitioner brought her Bill in Chancery, in Michaelmas Term One Thousand Seven Hundred and Three, to be relieved against Sir Richard Child, whose Father claimed as a Purchaser under the said John Vandebendy and Sir John Rotheram; as also against such others as had Right to the said Statute and Lease of Ninety-nine Years, so kept on Foot in Bar of the Petitioner's Dower; to which Bill the said Sir Richard Child pleading the said Dismission of the Thirteenth of February aforesaid, and the said Order made by the House of Peers on the Fourteenth of April One Thousand Six Hundred Ninety-seven, whereby the said Dismission was affirmed; and that his said Father afterwards purchased the Premises; on the arguing of which Plea, the Six and Twentieth of July last, before the Lord Chancellor, his Lordship ordered the same to stand and be allowed: And that the said Petition doth further set forth, "That the Petitioner's Case is much varied by the Death of the said Nathaniel Rich the Annuitant, there being now no Charge or Annuity subsisting, that is secured by the said Term of Ninety-nine Years, for which it was created; and therefore prays Relief against the said Order of the Six and Twentieth of July."

"Their Lordships are humbly of Opinion, That the Point in Question being, "Whether the Case be materially varied from what it was when last adjudged in this House?" And the same Point being in Judgement in the Court of Chancery, at the Time when the Judgement was given from whence the present Appeal is to this House; they humbly conceive, the Matters contained in this Petition of Appeal are proper only for the Judgement of the House of Peers."

Upon Consideration of the Report from the Lords Committees appointed to consider the Petition and Appeal of Sarah Countess Dowager of Radnor, wherein the Matter of Fact is stated, in relation to the Proceedings formerly had in this Case in this House, with the Opinion of the Committee, "That they conceive the Matters contained in the Petition of Appeal are proper only for the Judgement of the House of Peers:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel for the Countess of Radnor, as also Counsel for Sir Richard Child, on Friday next, at Eleven a Clock, to this Point only, "Whether the Case be so materially varied, by the Death of the Annuitant, as that it ought to be heard as a new or original Cause?"

French versus Chichester.

Upon reading the Petition and Appeal of John French Esquire and Anne his Wife, Executrix of Henry Chichester Esquire, deceased, who was Executor of Dorothy Chichester his late Wife, who was Executrix of John Chichester Esquire, deceased, her former Husband, who was the Heir and Executor of Mr. John Chichester deceased, from a Decree made in the Court of Chancery, the First Day of February in the Second Year of Her Majesty's Reign, and other subsequent Orders and Proceedings there, on the Behalf of Arthur Chichester Esquire and Edward Dodridge, Executors of Francis Chichester Esquire, deceased:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Arthur Chichester and Edward Dodridge may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Monday the Fifteenth Day of this Instant December, at Eleven a Clock in the Forenoon.

Caldecott, Leave for a Bill.

Upon reading the Petition of Phillip Caldecott Esquire and Henrietta his Wife; shewing, "That, the last Session of Parliament, he petitioned this House, for Leave to bring in a Bill to supply a Defect in an Act of Parliament made in the First Year of the Reign of Her Majesty; which Petition was referred to Two of the Judges, who summoned and heard all Parties, and reported the State of the Petitioner's Case, and their Opinion thereupon; and that the House gave Leave to bring in a Bill, which was read; and no further Proceedings had thereon, by reason of the Shortness of Time;" and praying, "That they may be at Liberty to bring in the same Bill, pursuant to the Judges Report, and Order of Leave thereon:"

It is this Day Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of their Petition.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.