DIE Veneris, 6 Decembris.
Domini tam Spirituales quam Temporales præsentes
Epus. Lich. & Cov.
|Ds. Cowper, Cancellarius.
Dux Kingston, C.P.S.
Viscount St. John.
|Ds. North & Grey.
Ds. Pawlet Bas.
Clerke versus Moore.
Upon reading the Petition and Appeal of Sir Robert
Clerke; complaining of a Decree made in the Court of
Chancery, by Mr. Justice Eyre, in the Absence of the
Lord Chancellor, on the Twenty-second Day of June
last, in a Cause wherein George Moore was Plaintiff, and
the Appellant and Peter Peele Defendants; and praying, "That the same may be reversed, and the Plaintiff's Bill dismissed with Costs:"
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the said George Moore
may have a Copy of the said Appeal; and shall and is
hereby required to put in his Answer thereunto, in
Writing, on or before Friday the Twentieth Day of
this Instant December.
Shovell & al. versus L. Cheney, &c.
Upon reading the Petition and Appeal of Dame Elizabeth Shovell, Widow and Executrix of Sir John Norborough Knight, and John Hill Esquire deceased, Henry
Husey Esquire and Elizabeth his Wife, Executrix of
Isaac Foxcroft Esquire deceased, and Anne Nicholson
Widow and Executrix of Francis Nicholson Esquire deceased; complaining of a Decree made by the Lord
High Chancellor of Great Britain, on the Twentieth
of May 1715; and also of an Order made by his Lordship, the Ninth of November: 1716, on arguing Exceptions to the Master's Report, in a Cause wherein
Arthur Moore Esquire was Plaintiff, and the Appellants
and the Right Honourable William Lord Cheney, surviving
Executor of Christopher late Duke of Albemarle deceased, and others, were Defendants; and praying,
"That the said Decree and Order, on arguing the said
Exceptions, may be reversed and set aside, so far as
the same relate to the said Moore's pretended stated
Accompt and Interest; and likewise that the said Decree may be reversed and set aside, so far as the same
relates to the Executors of the said Duke of Albemarle, whereby they are exempted from being obliged
to pay any Thing towards the said Moore's Demands
upon the said Accompt, (fn. *) than what they were
charged with the Payment of by the former Decree;
and that the Lord Cheney, surviving Executor of the
said Duke, may be decreed to pay the said Duke's
Share and Proportion of the Cost of the Suit, and of
what shall be reported due to the said Mr. Moore for
Interest; and that the Petitioners may have such other
Relief as this House shall think fit:"
It is Ordered, by the Lords Spiritual and Temporal
in Parliament assembled, That the said Lord Cheney and
Arthur Moore 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 Twentieth Day of this Instant December.
Nicholetts' Petition referred to Judges.
Upon reading the Petition of Anne Mary Nicholetts,
Widow to Gilbert Nicholetts Esquire, deceased, on Behalf of herself and Gilbert Nicholetts her Son, an Infant
of the Age of Three Years, and Mary Nicholetts and
Anne Nicholetts Spinsters; praying Leave to bring in a
Bill, to vest an Estate, in the Petition mentioned, lying in
the Counties of Hereford, Worcester, and Salop, in Trustees, to sell so much thereof as will pay off the Portions
to the Petitioners Anne and Mary, and their Maintenance-money allowed by their Father's Will; and for
other Purposes in the Petition expressed:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration
of the said Petition be, and is hereby, referred to
the Lord Chief Baron of the Court of Exchequer and
Mr. Justice Eyre; 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
Late L Nairn allowed the Benefit of the General Pardon.
Whereas, by Order of this House, on Thursday the
Twenty-first of the last Month, the Appearance of
William Murray late Lord Nairn, on his Recognizance
entered into before One of the Judges of the Court of
King's Bench, was, by Reason of his Indisposition, respited for a Fortnight; which Time expired Yesterday:
But, the House not then sitting, their Lordships were
informed, "That the said William Murray late Lord
Nairn was now attending, in order to appear, pursuant to the said Recognizance, to plead His Majesty's
most Gracious, General, and Free Pardon."
Then the Habeas Corpus, Return, and Recognizance,
which had been delivered in by the Clerk of the Crown,
And the said William Murray late Lord Nairn was
called in. And the Lord Chancellor, by Direction of
the House, acquainted him, "That it appeared, by the
Records of this House, he had been and stood attainted of High Treason." And asked him, "What
he had to say, why he should not be remanded to
The Tower of London?"
Then he, upon his Knees, having prayed the Benefit
of the Act for His Majesty's most Gracious, General,
and Free Pardon, was directed to withdraw.
And the House agreeing he should be allowed the
Benefit of the said Act, as to his Life and Liberty, pursuant to a Clause therein:
The said William Murray late Lord Nairn was again
called in; and acquainted, by the Lord Chancellor, "That
the House, having considered of his Prayer, did allow
him the Benefit of the Pardon pleaded by him, as to his
Life and Liberty, according to the said Act." And his
Lordship declared to him, "That his Recognizance was
discharged; and he might depart, without any farther
Day given for his Appearance."
And he accordingly withdrew.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ,
nonum diem instantis Decembris, hora undecima Auroræ,
Dominis sic decernentibus.