Page:The Wentworth Papers 1715-1739.djvu/396

 38o the wentworth papers.

[Lord Bathurst.]

My Lord,

Had any thing happen'd here since my last in the least worth your Lordship's notice I shou'd not have fail'd to have done my self the Honour of sending itt to you. I never was inquisitive after News before now, and always abhorr'd a long debate, but the hopes of having some thing to write to you (after you have been pleas'd so very obligingly to accept of my poor Correspondence) makes me long for an occasion that may furnish me with matter to give you some enter- tainment. Nothing has passt in the House of Lords but the hearing of Causes. One of them has made some noise because itt seem'd to be made a party matter. Rooper the Protestant heir of Rooper deceased (but a pretty distant relation) sued Constable and Ratclifif, 2 Papists, for a sum of money that was left to them, about 10,000/.; the point that itt turn'd upon was this, that this money was to arrise by a Sale of Lands and the Act of Pari' says no papist shall have any lands or profitts out of lands by Purchase. The Lawyers explain the word Purchase to signifie any way what soever that a man has a thing, that is not by descent, but not to trouble you with the particulars of a cause upon which the Judges (of whom ii were present) spent 5 long hours in for affirming the Decree. The Whiggs who were very zealous to show their abhorrence of Popery, attended to a man, the others, (of whom severall were in doubt which way the Cause ought to go in justice, and severall in prudence did not care to appear for Papists upon any account) made a very small number, and did endeavour to prevent a division. Your humble servant was one of those who remain'd in doubt and did not vote, but one thing must be taken Notice of, that as this Act of Pari' was explain'd by Lord Chief Justice Parker all the Marriage Settlements of the Papists are overturn'd, they can't be able to lend money upon a Mortgage, they can't recouver any debt from any Man who has not a per- sonall Estate, and most of those who are now in Possession

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