1717, produced a letter dated London the 8th February, 1717, signed Cowper, C. in which two papers were inclosed, dated the 6th February, 1717, signed William Cowper, Cler' Parliamentor' directed to the lord chief baron of the Exchequer in Ireland, and the rest of the barons of the said Court; alleged by the lord chief baron to be Orders from the Lords in Great Britain, requiring them to restore Maurice Annesley, esq. to the possession of the lands he was dispossessed of; pending his Appeal in the House of Lords of Great Britain.

That on the said 19th day of February, 1717, in pursuance of the said alleged Orders and Letter, (inserted at the end of this Report) though no affidavit had been made, that the said Orders

* "London, the 8th of February, 1717. My Lord Chief Baron; By Order of the House of Lords (a copy whereof 1 herewith send you), I transmit to your lordship, and to the rest of the barons of his majesty's Court of Exchequer in Ireland, the Order of the said House; whereby

or Letter were regularly compared and signed, the said lord chief baron, and the other barons, without any motion by counsel or attorney, ordered an injunction for the restoring the said Maurice Annesley to possession of the lands he was dispossed of; pending his said appeal, in the name of the chancellor, treasurer, and barons of the said court of Exchequer, whereby the sheriff or sheriffs of the county or counties where the said lands lay, was forthwith to put the said Maurice into the possession of the said lands.

That in order to make out the said injunction, the said Court ordered the said Maurice Annesley, his attorney, agent, solicitor or counsel, should forthwith attend the chief remembrancer, or his deputy, with the names of the lands of which the said Maurice Annesley was so dispossessed of, and also the county or counties where the said lands lay.

That upon the 14th of March, 1717, Affidavit was made before the lord chief baron by John Annesley of Ballisax, in the county of Kildare, the barons of that Court are commanded to re- esq. wherein Hester Sherlock was made plainstore Mr. Annesley to the possession of his tiff, and Maurice Annesley, esq. defendant ; estate. Your lordship will immediately com- that he the said John was dispossessed of municate this to the rest of the barons, and let the lands of Little Rath, Darr, Bodingme know, as soon as can be, what is done by stown, and Muilenafooky, which he the said yourself, and the rest of the barons, in pursu-John held by virtue of a lease from the said ance to their lordships' order, as you see by the above-mentioned copy I am ordered to require of you. I am your lordship's most faithful COWPER, C." "To the Lord Chief Baron of the Exchequer in Ireland, and the rest of the Barons of the said Court."

servant.

+ Die Jovis, 6th February, 1717. Ordered, By the Lords Spiritual and Temporal in par

liament assembled, That the lord chancellor do transmit the Order of this House to the barons of the Exchequer in Ireland, which requires them to cause possession to be forthwith delivered to Maurice Annesley, esq. of the lands of which he was dispossessed, pending his Appeal in this House, commanding the barons of the Exchequer at the same time to return to this House, as soon as they can, an account of

what shall be done therein.

WILLIAM COWPER, Cler. Parl.

Die Jovis, 6th February, 1717. Upon Report from the Committee of the whole House to whom it was referred, to consider by what methods the Order of this House, for the restoring possession to Maurice Annesley, esq. of the estate in Ireland, whereof he was dispossessed, pending his Appeal in this House, may be most properly enforced and executed: It is Ordered by the Lords Spiritual and Temporal in parliament assembled, that the barons of the court of Exchequer in Ireland, do cause the said Maurice Annesley, esq. to be forthwith restored to the possessions of the lands of which he was dispossessed, pending his appeal, which was received by this House the 8th day of June last.

WILLIAM COWPER, Cler. Parl.

Maurice Annesley, pending his said Appeal; and that the said John's lease was then in being and undetermined.

That upon the 14th of March, 1717, the said affidavit of the said John Annesley was filed in the chief remembrancer's office, in order to have the said injunction made out; but before the nation of Mr. John Draycott, attorney for Mrs. said injunction issued, it appears by the examiSherlock in the Exchequer (after having been sworn at the bar of this House), that he the said Draycott attended Mr. John Becher, then in the presence of the said John Annesley indeputy chief remembrancer, at his office, and formed the said Becher, that the said affidavit was insufficient, and that the said Draycott was ready to prove, that the said Maurice Annesley was not at the time of his said Appeal, nor at any time since in possession of the said lands mentioned in the said affidavit; having sold the said lands some years before to Andrew Wilson, esq. and Mrs. Frances Harman.

That by two copies of memorials out of the Register's office (for registering deeds, &c. pursuant to act of parliament), proved by the said Draycott to be true copies of the memorials remaining in the said office, it appears, that by deeds of lease and release bearing date respectively the 1st and 2d days of March, 1714, the lease being made between Jeffery Paul, esq. on the one part, and Andrew Wilson, esq. of the other part; and the release made between the said Jeffery Paul of the first part, said Andrew Wilson of the second part, and Maurice Annesley, esq. on the third part, whereby the several lands of Little Roth, Darr,and Bodingstoun in the parish of Naas, and county of Kildare, were for the considerations

again to the said Beauman; and the said Beauman said, he must first lay the said sheriff by the beels.

fit to annex to their Report. That Charles Nuttal, esq. late sheriff of the county of Kildare, by virtue of the said Order of the 3rd of

the determinations and judgments of this High Court of Parliament are final and conclusive, and cannot be reversed or set aside by any other court whatsoever.

That by the testimony of the said Mr. Read-October, put Hester Sherlock into the posing and Mr. Draycott, barons Pocklington and St. Leger, upon 16th July, 1718, sat in the Exchequer chamber on the reducing of fines: That the fines imposed upon the said sheriff were then read by Mr. Becher the officer, who informed the said barons, that the said injunction was returned; that a pistole and seven balf-crowns were paid to the box, and the said fines were then taken off by the said barons.

That upon the same day in the afternoon, the said Becher, Reading, and Draycott were sent for to the lord chief baron's house, where the two other barons were with his lordship; that the said injunction was sent for, and said injunction and return thereon was read, and the barons declared that it was no return; that the said Draycott told his lordship, that he hoped he would at least respite the said fines till the then next term, or give the said sheriff an opportunity to justify his said return, which was refused: that the list of fines, which was that day read in the Exchequer-chamber, was then called for, and the fines imposed upon the said Burrowes were then read: that the said Draycott was obliged to take back the said money, which he had paid to the box for taking off the said fines, and the same were then estreated.

That the return made by the sheriff upon the said injunction, was to this purpose, (viz.) That before the said writ came to him, the Order of this House of the 3rd of October, 1717, and the Resolutions of this House of the 11th of February, 1703, were delivered to him, which he recites in hac verba. Which return* the Lords Committees have though

*The Return upon the Injunction. "Cancellar. Thesaurar. et Baronibus Infrascript. humilime Certifico quod ante Adventum hujus Brevis mihi direct. quædam Resolutiones Præhonorabil. Dom. Procerum hujus Regni Hiber niæ fact. in Parliament. apud Dublin. in hoc Regno Congregat. undecimo die Feb. a. D. Millesimo Septingentesimo Tertio mihi deliberat. fuer. quæ sequuntur in hæc verba, scilicet. Resolutions of the right hon. the House of Peers, the 11th of February, 1703.

"Resolved on the question, nem. con. That if any subject or resiant within this kingdom, shall hereafter presume to remove any cause determined in this High Court of Parliament, to any other Court, such person or persons shall be deemed betrayers of her majesty's prerogative and jurisdiction, and the undoubted ancient right and privileges of this honourable House, and of the rights and liberties of the subjects of this kingdom.

Resolved on the question, nem. con. that if any subject or resiant within this kingdom, shall presume to put in execution any order from any other court, contrary to the final judgment and determination of this High Court of Parliament, such person or persons shall be deemed betrayers of her majesty's prerogative and jurisdiction, and the undoubted ancient rights and privileges of this House, and of the rights and liberties of the subjects of this kingdom. EN STERNE, Cler. Parl.

"Et ulterius Certifico, quod ante Adventum istius Brevis mibi direct. quidam Ordo fact. per Præhonorabil. Domin. Spiritual. et Temporal. in Parliament. in hoc Regno Congregat. geren. dat. Tertio die Octobris, Anno Dom. Millesimo Septengentesimo decimo Septimo etiam mihi deliberat. fuit qui sequitur in hæc verba, scilicet. Die Jovis Tertio die Octobris, 1717." Whereas by the report made from the lords committees appointed to consider the properest method for the relieving of Hester Sherlock, widow, &c. pursuant to what was ordered and adjudged by this House, on the 19th day of June, 1716, in a cause wherein the said Hester Sherlock, widow, was appellant, and Maurice and John Annesley, esqrs. were respondents: As also upon the Resolutions agreed to this day by this House, it appears, that the sum of 1,507l. 14s. 8d. was due to Hester Sherlock, the appellant, upon the 19th day of February, 1716, on account of the principal and interest of the portion of Edward Sherlock, decreed unto the said appellant as administratrix to the said Edward, by this House on the 19th day of June, 1716; and that the lands of Little Rath, Bodingstown, Darr, and Mullenafooky in the barony of Naas and county of Kildare are chargeable with, and liable to the payment of the said sum. It is thereupon ordered by the "Resolved on the question, nem. con. That Lords spiritual and temporal in parliament asby the ancient and known laws and statutes ofsembled, that the high sheriff of the county of this kingdom, her majesty hath an undoubted jurisdiction and prerogative of judging in this her High Court of Parliament, in all appeals and causes within her majesty's realm of Ireland.

"Ordered on motion, That the Petition of Edward earl of Meath, and Cecilia countess of Meath his wife, be read; read accordingly.

"Ordered on motion, That the clerk of the rolls do bring into this House the roll of the acts of parliament of the 38th of Henry the sixth.

"Resolved on the question, nem. con. That

Kildare, do forthwith put the said Hester Sherlock into the possession of the said lands of Little Rath, Bodingstown, Darr, and Mullenafooky, subject to the said sum of 1,507/. 14s. 8d. to be held by her the said Hester, until such time as she shall receive the said sum

session of the premises, and that she was at | barons alleged to be Orders from the House the time of the return in possession thereof; of Lords of Great Britain, dated the 23rd Ja that by reason of their Order and Resolutions, nuary, 1718, signed William Cowper, Cler' he durst not restore Maurice Annesley to the Parliamentor'. In a letter produced by the possession of the lands in the said injunction said barons from the lord chancellor, "dated mentioned, in prejudice and violation of the London, the 27th January, 1718, signed right and privileges of this House. Parker C. which came by the post; directed to the lord chief baron of the Exchequer in Ireland, and the rest of the barons of that

That upon the 7th of November, 1718, upon motion of the said Beauman, the said attachment to the pursuivant against the said Bur-Court; whereby it was ordered, that the rowes was renewed, bearing test the 6th of November last, and returnable before the said chancellor, treasurer and barons in Octabis Sanct. Hilarii then next ensuing; and on the 30th January fellowing, the said attachment was again ordered to be renewed: that the said sheriff, by reason of their said attachments, was obliged to abscond, and thereby prevented from coming upon his accounts, and was upon that account fined by the said Court 1,2001. and upwards.

That upon the 4th February, 1718, the lord chicf baron, and Mr. Baron Pocklington, upon the receipt of three papers, *which the said

chargeable upon the said lands as aforesaid, and this shall be a sufficient warrant in that behalf.

“TO CHARLES NUTTAL, Esq. High-Sheriff of the County of Kildare.

"En Stern. Cler' Parliamentor'. Virtut. cujus Ordin. prædict. Carolus Nuttal posuit prædict. Hester Sherlock in plen. quiet. et pacific. Possession. Omin. Vill. et Terr. prædict. et prædict. Hester Sherlock jam usq; Continuavit in ead. Possession. Præmiss. prædict. secund, tenor, et effect. Ordinis prædict. Ratione quorum Resolution. et Ordin. in Prejudict. et session. Privileg. Parliament. per Leges et Statut. hujus Regni Hiberniæ provis. infra Nominat. Mauric. Annesley, Ar. ad Possession. Separal. Vill. et Terr. de Little Rath, Bodingstown, Darr. et Mullenafooky infra Mencionant. restituer, non audeo. Sic Respond.

"ALEX. BURROWES Ár. vic."

session of the estate of the appellant, Maurice Annesley, esq. to be restored to him, as was required by Order of the said House of the 6th February last: and by the other, the said barons are commanded to cause Hester Sherlock to account before them upon oath for the rents and profits of the estate in question, which she has made or received since her gaining possession thereof, by order of the House of Lords in Ireland; and answer and pay the same to the said appellant, Maurice Annesley, esq. but without prejudice to the right, in case of an appeal to be brought by either party from the decree of the Court of Exchequer in Ireland.

"Your lordship will immediately communicate this to the rest of the barons, and return, as soon as you can, an account of what shall be

done by yourself, and the rest of the barons, in pursuance of your lordships' said orders, as you see by the abovementioned copy I am ordered to require of you. I am, your lordship's most faithful servant, PARKER, C.

"To the Lord Chief Baron of the Exchequer in

Ireland, and the rest of the Barons. "Annesley vers. Sherlock. Die Veneris 23 Januarii, 1718. Upon Report from the lords committees, appointed to enquire into the reason of the delay, in not obeying the Orders of this House, relating to the appeal of Maurice Annesley, esq. and how the same may more properly be enforced: It is ordered by the Lords spiritual and temporal in parliament as sembled, that the barous of the Court of Ex*Annesley vers. Sherlock. Die Veneris 23 chequer in Ireland be, and are hereby directed Januarii, 1718. Ordered, by the Lords spiri- to proceed by the most speedy and effectual the lord high chancellor of Great-Britain do this House of the 6th of February last, to be retual and temporal in parliament assembled, that methods, to cause possession of the estate of the said Maurice Annesley, as required by Order of transmit the two Orders made this day on the behalf of Maurice Annesley, esq. to the barons stored to him. WM. COWPER, Cler. Pail. of the court of Exchequer in Ireland, commanding them at the same time to return, as soon as they can, an account of what shall be done therein. WM. COWPER, Cler. Parl.

London Jan. 27, 1718.

My lord chief baron; By Order of the House of Lords (a copy whereof I herewith send you) transmit to your lordship and the rest of the barons of his majesty's Court of Exchequer in Ireland, two Orders of the said House, made in the cause of Annesley against Sherlock; by one of which the barons of that court are commanded to proceed by the most speedy and effectual methods, to cause pos

66

Annesley vers. Sherlock. Die Veneris 23 Januarii, 1718. Ordered, by the Lords spithat the barons of the Court of Exchequer in ritual and temporal in parliament assembled, Ireland do cause the respondent, Hester Sherrents and profits of the estate in question, which lock, to account before them upon oath, for the she has made or received since her gaining the possession thereof, by the Orders of the House of Lords in Ireland; and to answer and pay the same to the appellant, Maurice Annesley, esq. but without prejudice to the right, in case of an appeal to be brought by either party from the decree of the Court of Exchequer in Ire land. WM. COWPER, Cler. Parl."