Journal of the House of Lords: Volume 19, 1709-1714. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Die Mercurii, 24 Januarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Paul versus Shaw, in Error.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Hearing on the Writ of Error, wherein William Paul and Christopher Clitheroe Esquires are Plaintiffs, and Sir John Shaw Baronet is Defendant, (Which was appointed to be on Friday) be put off to Saturday next; and that all the Judges do then attend, and all the other Causes removed in Course.
Henden's Petition referred to Judges.
Upon reading the Petition of William Henden Esquire and Katherine his Wife, Dame Northamptona Henden, Sir Nicholas Toke, on Behalf of himself and his Grandchildren, the Son and Daughters of the said William and Catherine, being Minors, for whom the said Sir Nicholas Toke is sole surviving Trustee, and of John Henden, Brother of the said William Henden; shewing, "That, by the Petitioner's Marriage Settlement, made the Two and Twentieth of January One Thousand Six Hundred Eighty-seven, the Farm called Devesden, and other Freehold Lands and Tenements, in Biddenden and Benenden, in the County of Kent, were conveyed to the said Sir Nicholas Toke and one William Haward, for Life, without Impeachment of Waste; and after his Decease to the said Catherine for Life, for her Jointure, and then in Trust, to assure the Premises to the First, Second, and other Sons of the said Marriage successively in Tail Male; and after, for the Benefit of the Issue Female of that Marriage, Remainder to the Petitioner John Henden in Tail, and to the Right Heirs of the said Sir John Henden; and praying Leave to bring in a Bill, for vesting in Trustees some Part of the Freehold Lands and Tenements in the Petition mentioned, in Trust, to raise Seventeen Hundred Pounds, for the Payment of the Debts of the said William Henden, upon his settling the Capital Messuage, Park, and other Leasehold Estate, as near as may be, to the same Uses:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron Bury; 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 same.
Ld. Kinnard versus Lyon; Appeal dismissed with Colts.
Upon reading the Petition of John Riddoch Trustee for Catherine Lyon, and Catherine Lyon, Respondent to the Petition and Appeal of Patrick Lord Kinnard and the Lady Elizabeth his Wife; shewing, "That the Lord Kinnard and his Wife brought their Appeal into this House, the One and Twentieth of March One Thousand Seven Hundred and Nine, from a Decree made by the Lords of Council and Session in Scotland, the Eight and Twentieth of February then last past; whereupon the Respondent was ordered to answer the Eighteenth of April following, which he did on the One and Twentieth of December last; and, upon his Petition, it was ordered, "That the Cause should be heard the Eighteenth Instant; and that, in the mean Time, Patrick Lord Kinnard should enter into a Recognizance to answer Costs as usual:" As also upon reading this Day an Affidavit of the Service of the Order aforesaid on the Lord Kinnard, in the Borough of Aberdeen; and his Lordship not having since appeared, nor taken a Copy of the Respondent's Answer, or entered into a Recognizance, pursuant to the Orders of this House; whereby it appears, that the said Appeal was brought for Delay; and praying, "That the same may be dismissed, with exemplary Costs:"
Added, per Ordin. 22 Martii, 1710.
After due Consideration of this Case, it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Patrick Lord Kinnard and Elizabeth his Wife, shall be, and is hereby, dismissed this House: And it is further Ordered, That the said Lord Kinnard and his Wife shall pay, or cause to be paid, to the said John Riddoch for Catherine Lyon, or to the said Catherine Lyon, the Sum of Forty Pounds, for her Costs and Charges caused by the said Appeal; [and that the Lords of Council and Session in North Britain, do order the Forty Pounds Costs, given by this House to Catherine Lyon, to be levied by the same Rules and Methods as Costs given by them are to be levied].
Bp. of Rapho's Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for discharging John Lord Bishop of Rapho, of the Kingdom of Ireland, from all Penalties, Disabilities, and Incapacities, incurred by him, in omitting to take the Oath of Abjuration on or before the First Day of August One Thousand Seven Hundred and Three; and for making all Ecclesiastical and Civil Acts done by him as Bishop of Rapho, after such Omission, to be of the same Validity as they would have been if he had taken the said Oath in due Time."
State of the War in Spain.
The House was (according to Order) adjourned during Pleasure, and put into a Committee, to take into further Consideration the present State of the War in Spain.
After some Time spent therein, the House was resumed.
And the Earl of Abingdon reported, "That the Committee had come to the following Resolution; (videlicet,)
E. of Galway, having yielded the Post to the Portugueze, has acted contrary to the Honour of the Crown.
"That the Earl of Gallway has, in yielding the Post of Her Majesty's Troops to the Portugueze in Spain, acted contrary to the Honour of the Imperial Crown of Great Britain."
Which being read by the Clerk;
The Question was put, "That the House do agree with the Committee in this Resolution?"
It was Resolved in the Affirmative.
Ordered, That on Friday next, at Twelve a Clock, this House shall be put into a Committee again, to take into further Consideration the present State of the War in Spain.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quintum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.