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, 21 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Hodie 2a vice lecta est Billa, intituled, "An Act for Sale of several Lands and Hereditaments of William Henden Esquire, in the County of Kent, for Payment of his Debts; and for settling other Lands, in the same County, of a better Value, to the same Uses, in Lieu thereof."
Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)
Their Lordships, or any Five of them; to meet on Wednesday the Seventh Day of March next, at Eleven a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Sir A. Kennedy, Pet. for Papers.
Upon reading the Petition of Sir Andrew Kennedy Baronet; shewing, "That he having Yesterday presented his Petition and Appeal to this House, complaining of a Decree of the Lords of Council and Session in Scotland, made on the Behalf of Sir Alexander Cumming; and therein praying, that the Keeper or Under-keeper, or any other Person having the original Warrant supersigned by Her Majesty, for Sir Alexander Cumming's Commission, may transmit the same to this House, being razed in Two material Places; and also that the Depositions made by Mr. Hamilton Douglass and John Gordon, upon which the Decree is founded, and the said Mr. Hamilton's original Letter, writ by him to Sir Alexander, dated the Eighteenth of February One Thousand Seven Hundred and Seven, in the Clerk of the Sessions Hands, may be likewise transmitted; they being both absolutely necessary when the Cause comes to be heard:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Keeper or Under-keeper of the Great Seal in Scotland, or any other Person having the said original Warrant, do transmit the same to this House, at the Charge of the Appellant; and also that the Clerk of the Sessions do transmit authentic Copies of the Depositions made by Mr. Hamilton Douglass and John Gordon, and also Mr. Hamilton's original Letter writ to Sir Alexander, dated the Eighteenth of February One Thousand Seven Hundred and Seven; as prayed in the Appeal of Sir Andrew Kennedy.
Brazen-nose College, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for confirming to the Principal and Scholars of King's Hall, and College of Brasen-nose, in the University of Oxford, the Purchase of the Advowsons of Stepney and other Churches; and for settling the same to the Benefit of the said College."
Tillam and Rose's Petreferred to Judges.
Upon reading the Petition of John Tillam Clerk and Mary his Wife, Relict of William Rose, late of Cheddar, in the County of Somerset, Gentleman, deceased, and Mary Rose, the only Child of the said William Rose, an Infant about the Age of Twelve Years; praying Leave to bring in a Bill, to enable Henry Westcombe, the surviving Trustee of William Rose, to sell such Part of the Estate in the Petition mentioned, as, with the Petitioner Mary the Mother's own Estate, may be sufficient to discharge the Mortgages thereupon; and for providing for the Maintenance and Education of the Petitioner, the Infant, during her Minority:
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 the Lord Chief Justice of the Court of Queen's Bench and the Lord Chief Justice of the Court of Common Pleas; 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.
Monroe versus L. Kerry, in Error, from Ireland.
The House being informed, "A Person attended at the Door, with a Writ of Error from the Court of Exchequer in Ireland, returnable in Parliament here:"
He was called in; and, upon Oath, acquainted the House, "He received it from the Clerk of the Pleas in the said Court:" and delivered the same at the Bar; wherein Henry Monroe Esquire is Plaintiff, and Thomas Lord Kerry Defendant.
Mason versus Attorney General, in Error:
After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Two and Twentieth of December One Thousand Seven Hundred and Ten, from Her Majesty's Court of Queen's Bench, wherein Judgement is entered for Her Majesty's Attorney General, at the Prosecution of Baldwin Leighton Esquire, against Gawen Mason Gentleman, Plaintiff in Error in this House; and due Consideration of what was offered thereupon:
It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in Her Majesty's Court of Queen's Bench, for Her Majesty's Attorney General, at the Prosecution of Baldwin Leighton, against the said Gawen Mason, shall be, and is hereby, affirmed; and that the Transcript of the Record be remitted to the Court of Queen's Bench, to the End Execution may be had thereupon, as if no such Writ of Error had been brought into this House.
The Tenor of which Judgement, to be affixed to the Transcript of the Record to be remitted, follows:
"Postea, seilicet, Vicesimo Secundo Die Decembris, Anno Regni Dominæ Reginæ nunc Nono, Transcript. Record. et Process. præd. inter Partes præd. cum omnibus ea tangen. Prætextu cujusdam Brevis de Errore corrigend. per præd. Gawen Mason (fn. 1) Præmiss. Prosecut. dictæ Dominæ Reginæ in præsenti Parliamento suo, a præed. Cur. dictæ Dominæ Reginæ hic transmiss.; quodque præd. Gawen Mason, in eadem Cur. Parliamenti comparens per Attorn. suum præd. diversas Causas et Materias pro Errore in Record. et Process. præd. pro Revocatione et Adnullatione Judicii præd. assignavit; ad quas præd. Ed'r'us Northey Miles; Attorn General. dictæ Dominæ Reginæ nunc, qui pro eadem Domina Regina in hac Parte sequebatur, in eadem Cur. Parliamenti comparens, pro eadem Domina Regina placitavit, quod nec in Record. et Process. præd. neque in Redditione Judicii illius in (fn. 2) ullo fuit Errat. Et postea, scilicet, Vicesimo Primo Die Februarii, Anno Nono supradict. in præd. Cur. Parliamenti, visis et per Cur. ibidem diligenter examinatis et plenius intellectis tam Record. et Process. præd. ac Judic. ill. quam præd. Causis pro Errore in ea Parte assignat. et allegat. pro eo quod videtur Cur. Parliamenti præd. quod in Record. et Process. præd. in ea Parte in nullo fuit Errat.; ideo ad tunc et ibidem cons. fuit per eandem Cur. Parliamenti, quod Judic. ill. in omnibus affirmetur, et omni suo Robore stet et Effectu; dictis Causis pro Errore assign. in aliquo non obstant.; et quod dicta Domina Regina nunc in Cur. ipsius Dominæ Reginæ, coram ipsa Regina, haberet inde Executionem juxta Form. et Effect. Judic. ill.; ac superinde Record. et Process. præd. Cur. dictæ Dominæ Reginæ, coram ipsa Regina, ubicunque &c. remittuntur, et in eadem Cur. jam resident. &c."
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum secundum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.