House of Lords Journal Volume 20: 29 April 1715

DIE Veneris, 29 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Farthing to find Sureties for Costs.

Upon reading the Petition of John Wright and others, Respondents to the Appeal of Walter Farthinge Gentleman; setting forth, "That the Appellant is, and for near Twelve Months last part hath been, a Prisoner in The Fleet, for Contempt, in not paying a Sum of Money pursuant to a Decree in Chancery; and that after all the dilatory Proceedings which he has used, has now appealed to this House, to create a further Delay and Expence to the Petitioners, who, by reason of the Appellant's being a Prisoner, cannot hope to recover from him any Costs they shall be put unto, by reason of the said Appeal, unless some other Security be given than the said Appellant's own Recognizance;" and praying, "That he may, in a short Time, procure Two sufficient Persons, to enter into a Recognizance to answer Costs, or, in Default thereof, that the said Appeal may be dismissed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Walter Farthinge do, on or before Friday the Thirteenth Day of May next, procure Two sufficient Sureties, to enter into a Recognizance, in the usual Penalty, to answer such Costs as this House may award, in case the Proceedings complained of be affirmed; or otherwise the said Appeal to be dismissed.

E. Sutherland takes the Oaths.

This Day John Earl of Sutherland took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Basil versus Atcheson:

Upon reading the Petition of Martyn Caulfeild Bazill Esquire; setting forth, "That, on the Ninth of June last, he appealed to this House, from the Registers Minutes of a Decree of the Court of Exchequer in Ireland, pronounced the Third of May last, to which Sir Arthur Atcheson put in a general Answer the Ninth of July following; and the Decretal Order being drawn up, and delivered to the Petitioner's Attorney or Agent, he objected thereunto, as well in respect of wrong Recitals of Matters in the Pleadings, as Omissions of some Proceedings in the Cause, and applied to the Deputy Remembrancer to settle and pass the same; but the said Officer refused so to do, alledging, that all Proceedings are stayed by the lodging of the said Appeal;" and praying, "That the said Deputy Remembrancer, or other proper Officer of the said Court of Exchequer, may (as usual in such Cases) settle and sign the said Decretal Order, according to the Pleadings and Proceedings in the Cause, and pass the same according to the Minutes at the Hearing, so that the Petitioner may have it to produce before this House:"

Decree to be made up.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the proper Officer or Officers of the said Court of Exchequer do settle and sign the said Decretal Order, according to the Pleadings and Proceedings, and pass the same according to the Minutes at the Hearing, that the Petitioner may have it to produce before this House at the Hearing the said Appeal.

Temple and King's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to empower the Barons of the Court of Exchequer in Ireland to grant a Commission to some Persons in England, to administer to Henry Temple Esquire and Luke King Gentleman the usual Oaths for the due Execution of their Office of Remembrancer of the Court of Exchequer in Ireland."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Their Lordships, or any Five of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

French, further Time to answer.

Upon reading the Petition of Mary French, of the Kingdom of Ireland, Spinster; praying further Time, to answer the Appeal of Denis Daly and Ellin his Wife, depending in this House, in regard to the Remoteness of the Petitioner's Place of Abode, and that she is to cross the Sea:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Mary French hath hereby further Time allowed to answer the said Appeal, until Tuesday the Seventeenth Day of May next.

Bolton & Ux. versus Bishop & al.

Upon reading the Petition and Appeal of Michael Bolton Gentleman and Anne his Wife, complaining of several Orders or Decrees of the Court of Chancery in Ireland, in a Cause wherein the Appellants were Plaintiffs, and Samuel Bishop and Elizabeth his Wife, Nicholas Barrington and Martha his Wife, Defendants, praying, "That the same may be reversed; and, for that Purpose, that the said Defendants may answer the said Appeal; and that the Service of the Order of this House on their Clerk or Clerks in Court may be deemed good Service:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuel Bishop and Elizabeth his Wife, Nicholas Barrington and Martha his Wife, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Third Day of June next; and that the Service of this Order on their Clerk or Clerks in the said Court of Chancery shall be good Service, in order thereunto.

Menzies versus Menzies & al.

Upon reading the Petition and Appeal of Charles Menzies of Kinmundie, Writer to His Majesty's Signet; complaining of several Interlocutors of the Lords of Council and Session in Scotland, made on the Behalf of Helen, Barbara, and Jean Menzies, Sisters to the late deceased Thomas Menzies, of Kinmundie, and Robert Muir Merchant, in Aberdeen, Husband to the said Bar bara, and as their Assignee for his Interest; and praying such Relief as shall seem agreeable to the great Wisdom and Justice of this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Helen, Barbara, and Jean Menzies, and the said Robert Muir, may have a Copy of the said Appeal; and shall and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the Twenty-seventh Day of May next.

Bromfield's Petition referred to Judges.

Upon reading the Petition of John Bromfield Esquire, on Behalf of himself and Anne his Wife, and their Infant Children; praying Leave to bring in a Bill, for confirming the Sale of some mortgaged Premises, lying in the Parish of South Stoneham, in the County of Southampton, unto Edmund Dummer Gentleman; and for vesting some further Part of the Premises in new Trustees, to be sold, for Payment of the Petitioner's Debts; and for settling the Remainder of the Premises (as near as may be) to the Intent of his Marriage Settlement:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition be referred to the Consideration of Mr. Justice Blencowe and Mr. Justice Tracy; 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.

Then it being proposed, "That the House do now adjourn to Monday next;"

And it being also proposed, "To adjourn to Tuesday:"

The Question was put, "Whether this House shall be now adjourned to Monday next, at Eleven a Clock?"

It was Resolved in the Negative.

Then,

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum effe usque ad et in diem Martis, tertium diem Maii prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 26 Julii, 1715.
Hitherto examined by us,

Clarendon.

A. Menev.

Foley.