DIE Martis, 17 Januarii.
Domini tam Spirituales quam Temporales præsentes
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Devonshire, Senescallus.
Dux St. Albans.
Dux Buckingham & Normanby.
March. Kent, Camerarius.
Ds. Berkeley Ber.
Ds. North & Grey.
Ds. Howard Esc.
Ds. Berkeley Str.
Summers' Pet. referred to Judges.
Upon reading the Petition of Henry Summers Esquire;
praying Leave to bring in a Bill, for Sale of several
Messuages, Lands, and Hereditaments, in the County of
Huntingdon: and, with the Monies arising thereby, to
buy an Estate in Essex, to be settled to the same Uses as
his Estate in Huntingdonshire is devised:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of
the said Petition shall be, and is hereby, referred to Mr.
Baron Price and Mr. Justice Dormer; 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.
Window Tax, Coals, &c. Lottery Bill.
vice lecta est Billa, intituled, "An Act for
continuing Part of the Duties upon Coals, Culm,
and Cinders, and granting new Duties upon Houses
having Twenty Windows or more, to raise the Sum
of Fifteen Hundred Thousand Pounds, by Way of a
Lottery, for the Service of the Year One Thousand
Seven Hundred and Ten."
Ordered, That the said Bill be committed to a
Committee of the whole House, To-morrow.
E. of Peterborow & al. versus Sir John Germaine & Ux.
Upon reading the Petition and Appeal of Charles
Earl of Peterborow and Monmouth, John Lord Mordaunt
and Henry Mordaunt Sons of the said Earl, and Henry
Mordaunt and Lewis Mordaunt Brothers of the said
Earl, from an Order made in the Court of Chancery,
the One and Twentieth Day of April in the Seventh
Year of Her now Majesty's Reign, and another of the
Eighteenth Day of November last, on the Behalf of
Sir John Germaine Knight and Baronet and Dame Elizabeth his Wife; and praying, "That the said Orders
may be set aside; and that the Plea of the said Sir
John Germaine and his Lady may be over ruled, and
the Leases in the Petition mentioned restored to the
Possession of the said Earl; and such other Relief
may be granted to the Petitioners as shall be just:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir John
Germaine and Dame Elizabeth his Wife may have a Copy
of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing,
on or before Tuesday the One and Thirtieth Day of this
Instant January, at Eleven a Clock.
E. of Bath & al. versus Sherwin & al.
After hearing Counsel, upon the Petition and Appeal
of William Henry Earl of Bathe, an Infant, by Sir
John Stanley Baronet his next Friend, and of Sir Thomas
Clarges Baronet, and also of Robert Clarges, Walter
Clarges, George Clarges, Gold Clarges, and Christopher
Clarges, Infants, by Dame Elizabeth Clarges Widow,
their next Friend; and also of the said Dame Elizabeth
Clarges, Executrix of Sir Walter Clarges Baronet, deceased; and of George Granville Esquire, Brother and
Heir, and sole Executor, of Sir Bevill Granville Knight,
deceased, from a Decree of Dismission made and pronounced in and by the High Court of Chancery, the
Eight and Twentieth Day of June last past, in a Cause
there depending, wherein the Petitioners were Complainants, against William Sherwin, Anne Gibbs, Martin
Bladen and Mary his Wife, Doyly Dyer, Arbaham Herring, Elizabeth Maysey, Rebecca Pride, John Brady, Sir
John Bennet, Thomas Williams, Anna Maria Barnadiston,
and Charlotte Barnadiston, Defendants; and praying,
That the said Decree of Dismission may be set aside,
and the Petitioners relieved in the Premises:" As also
upon the Answer of William Sherwin, and the Answers
of Martin Bladen and Mary his Wife; and the Answer
of Rebecca Pride Widow, Doyly Dyer, and Abraham
Herring; and the Answer of Anne Gibbs, an Infant under the Age of One and Twenty Years, by William
Gold Doctor of Physic, her next Friend and Guardian;
and the Answer of Sir John Bennet Knight, Serjeant at
Law, and Thomas Williams Esquire, and also of Anna
Maria Barnadiston and Charlotte Barnadiston, Heirs at
Law of Sir Samuel Barnadiston Baronet, deceased, by
Nathaniel Barnadiston Esquire, their next Friend and
Guardian, put in thereunto; and due Consideration of
what was offered thereupon:
It is Ordered and Adjudged, by the Lords Spiritual
and Temporal in Parliament assembled, That the said
Decree of Dismission complained of in the said Petition
and Appeal shall be, and is hereby, reversed: And it
is further Ordered, That the Court of Chancery do
forthwith issue a perpetual Injunction, to stay the Proceedings in Law of the Defendants in Chancery, and
all claiming under them, against the now Appellants,
and all claiming under them, upon the pretended Title
of the said Defendants, grounded upon the alledged
Illegitimacy of Christopher late Duke of Albemarle.
Doctor Sacheverel, further Time allowed for answering, and Counsel.
Upon reading the Petition of Henry Sacheverell
Doctor in Divinity, praying further Time for putting in
his Answer to the Articles of Impeachment of high
Crimes and Misdemeanors exhibited against him by the
House of Commons; and also that Mr. Serjeant Pratt,
Sir Simon Harcourt, Mr. Phipps, and Mr. Raymond, may
be ordered to be Counsel, to assist him in making his
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath
hereby further Time allowed him, for answering to the
said Articles of Impeachment, until Wednesday the Five
and Twentieth Day of this Instant January, at Eleven
a Clock; and the Counsel above named are allowed to
assist him, in making his Defence, if they think fit.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii,
decimum octavum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.