Earle of Montague and others appellants. Ealre of Bath and others respondents. This cause having been heard and debated de Die in Diem, from the first to the 17th of Feb. 1693. It was then resolved, and enterd in the book of this honourable house as follows, viz. Die Sabbath 17 die Feb. 1693. This text is an enriched version of the TCP digital transcription B08974 of text R174814 in the English Short Title Catalog (Wing E76A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 B08974 Wing E76A ESTC R174814 64551196 ocm 64551196 184537 2240871504

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 Early English books online text creation partnership. (EEBO-TCP ; phase 2, no. B08974) Transcribed from: (Early English Books Online ; image set 184537) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2866:35) Earle of Montague and others appellants. Ealre of Bath and others respondents. This cause having been heard and debated de Die in Diem, from the first to the 17th of Feb. 1693. It was then resolved, and enterd in the book of this honourable house as follows, viz. Die Sabbath 17 die Feb. 1693. 1 sheet ([1] p.). n.s., [S.l. : 1695?] Caption title. Date of publication suggested by Wing (2nd ed.). Reproduction of original in: British Library. eng Bath, John Grenville, -- Earl of, 1628-1701 -- Trials, litigation, etc. England and Wales. -- Parliament. Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. Great Britain -- Politics and government -- 1689-1702 -- Early works to 1800. Broadsides -- England -- 17th century. eebo Earle of Montague and others appellants. Earle of Bathe and others respondents. Montagu, Ralph Montagu, Duke of, 1695 2 731 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2012-07 Assigned for keying and markup 2012-07 Keyed and coded from ProQuest page images 2013-06 Sampled and proofread 2013-06 Text and markup reviewed and edited 2014-03 Batch review (QC) and XML conversion

Earle of Montague and others Appellants . Earle of Bathe and others Respondents .

THIS Cause having been heard and debated de Die in Diem , from the first to the 17th of Feb. 1693. It was then Resolved , and enter'd in the Book of this Honourable House , as-follows , viz. Die Sabbathi 17 die Feb. 1693. After long Debate , this Question was put . Whether the Dismission of the Court of Chancery shall be Reversed ?

It was Resolved in the NEGATIVE .

Ordered , That the Petition of Appeal shall be Dismist , and the Dismission of the Court of Chancery shall be Affirmed , And that what the House hath done in this Case , shall be without Prejudice to any Claim or Interest of Mr. Pride .

Upon which Dismission the Respondents were absolutely discharged from the said Appeal , as all other Respondents have always been after a Dismission .

But on the 20th of Feb. the Appellants , by their Petition , set forth , That they had in their Appeal , wholly depended upon Matter of Equity : And therefore , in regard their Lordships did not think fit to Relieve them on the Matters of Equity , they prayed their Lordships , that in such Order as should pass touching the said Matters , such Directions might be given , as not to prejudice or prelude any Tryal of the Validity of the Deeds , under which the Respondents make Title . And that whensoever such Tryal , or Tryals should be brought , the Respondents might be ordered to produce all such Writings , and Exhibits , as have been by them proved and Exhibited in the Court of Chancery , or before their Lordships ; and that they may not thereat give in Evidence , any Lease or Incumbrance , whereby to obstruct the Tryal of the Validity of the said Deeds .

Whereupon , It was then Ordered , That the Clearks do search the Books for Presidents . If at any time , after a Cause Dismist in this House ; This House hath ordered the Exhibits made use of here , to be made use of at a Tryal at Law , without directing that Tryal . That the Clerks report what they find , to the House in this Case , on Friday next at Eleven of the Clock , and all the Lords , Summoned then to Attend.

Which Petition as the Respondents are Avised is in its Nature an ORIGINAL CAUSE , it importing no manner of Complaint , or Appeal from any Judgment of any Inferiour Court ; and the Appeal which stands Dismist , was not to have a new Tryal , it not having been demanded , or denied in Chancery .

But the Appeal was only against the Judgment of the Court of Chancery , for dismissing the Appellant's Bill in Equity .

That before the Appeal , there was a Verdict for the Respondent's Title , by a special Jury of Substantial and Indifferent Jurors , at a Tryal at the King's-Bench-Bar , of about twelve Hours , against which the Appellants never Complained , but at the Barr of this House admitted the Law to be against them .

That what is desired by the Appellants by this their New Petition , is in effect to Impeach the Verdict , and undermine the Judgment not only of the Court of Chancery , but of this honourable House , and should such Order be granted , as desired , it would retain the Cause after Dismissed . which would be a Contradiction in Terminis , and a Dishonour to the Wisdom and Justice of this House , and would disparage the Respondent's Title , by giving it a mark of the Dissatisfaction of this House .

The Dismission of the Bill , and Appeal puts the Parties out of Court , and as at Law a Plaintiff Non-Suite can pray nothing ; so neither Regularly can a Plaintiff in Equity after a Dismission .

But if the Appellants think fit to have any other Tryals , they may without the Countenance of this House , Try as often as they please , the Law being open .

Interest Reipublicae ut sit finis Litium .