--Sets out that Peter Shaw and George Smith were in possession, under a wrongful title, of a lead mine, lately open in the manor of Aulezargh, in Lancashire, which was settled towards the petitioner's jointure. To recover possession, she caused an action of trespass and ejectment, to be brought in the name of Thomas Morris, upon several demises of the petitioner, and John Abbot, to whose father the land, in which the mine lay, was anciently leased for a term of years, yet enduring. Shaw and Smith were duly served with copies of the declaration in that action, and they--"to shelter and cover the possession, by and under a mortgage made to one Thomas Wadington" by Sir Richard Standish--agreed with the said Wadington to assign over the mortgage, in trust for them, to Lord Willoughby of Parham. At the time the said Shaw and Smith should have defended their title in the said action, they offered a rule, in Lord Willoughby's name, to make him defendant ; but the plaintiffs' attorney refused it, "in respect of his Lordship's privillege of parliament." At the last assizes at Lancaster, the plaintiffs moved for judgment against "the casual ejector," for want of a proper defendant. The Judge--on hearing afterwards that Lord Willoughby, after the action brought, disowned that he had any title, and that if his name was made use of, it was only in trust--refused to give judgment till the House of Peers determined how far Lord Willoughby's interest was really concerned.
Prays, therefore, that--as Lord Willoughby is no ways concerned in this cause, but as trustee--privilege may not obstruct the petitioner and the said Abbot, in prosecuting their rights. Draft.
Order on the above, referring it "to the Lords Committees for priveledges," who were to meet in the House of Peers on the 22nd of April, at 4 o'clok in the afternoon; Lord Willoughby to have a copy of the petition, and to give or send his answer, at or before the above named day and hour. Copy.