House of Lords Journal Volume 19: 19 April 1711

DIE Jovis, 19 Aprilis.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Buckingham, Complaint against L. Altham in Ireland, for prevailing on his Tenants to attourn to him.

The House being informed, "That Temple Briscoe, of Wexford, in the Kingdom of Ireland, Esquire, having spoke to several of the Tenants of the Duke of Buckingham, in Right of his Dutchess, they told him, "That one Nathaniel Taylor (who is employed by the Lord Altham) came to them, by Command of his Lordship, and threatened to distrain if they would not attourn to him, and used other Arguments for that Purpose;" and that thereupon several of them have attourned to his Lordship, as by an Affidavit of the said Mr. Briscoe, now read, appears:"

It is therefore Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That John Mollineux, one of the Tenants of the Duke and Dutchess of Buckingham, and the said Nathaniel Taylor, do attend, at the Bar of this House, on Thursday the Tenth Day of May next, at Eleven a Clock.

Messages from H. C. with Bills; and to return Mathews' Bill; Sir R. Allen's Bill; and Henden's Bill.

A Message was brought from the House of Commons, by Mr. Attorney General and others:

With a Bill, intituled, "An Act to make an Attempt on the Life of a Privy Counsellor, in the Execution of his Office, to be Felony, without Benefit of Clergy;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Sir Simeon Stuart and others:

With a Bill, intituled, "An Act for the taking, examining, and stating, the Public Accompts of the Kingdom;" to which they desire the Concurrence of this House.

A Message was also brought from the House of Commons, by Sir Simeon Stuart and others:

With a Bill, intituled, "An Act for repairing the Highways from Sheet Bridge, in the Parish of Petersfield, to the Town of Portsmouth, in the County of Southampton;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Heysham and others:

To return the Bill, intituled, "An Act for Sale of such Part of the Estate of Nathaniel Mathew, late of Petersham, in the County of Surrey, Gentleman, deceased, as will be sufficient to discharge his Debts and Legacies, thereon charged by his last Will and Testament; and for settling the Remainder thereof to the Uses in the said Will mentioned;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Also, a Message was brought from the House of Commons, by Mr. Farrer and others:

To return the Bill, intituled, "An Act for the Sale of Part of the Estate of Sir Richard Allin, alias Anguish, Baronet, in the Counties of Suffolk and Norfolk, for Payment of his Debts; and settling the Remainder according to his Marriage Articles;" and to acquaint this House, that they have agreed to the same, with some Amendments, whereunto they desire their Lordships Concurrence.

Also, a Message was brought from the House of Commons, by Mr. Rolle and others:

With a Bill, intituled, "An Act to enable Her Majesty to grant the Scite of the Castle of Exon (Parcel of Her Dutchy of Cornwall) for Ninety-nine Years, for the Use and Benefit of the County of Devon;" to which they desire the Concurrence of this House.

Also, a Message was brought from the House of Commons, by Mr. Hungerford and others:

With a Bill, intituled, "An Act for the better preventing of excessive and deceitful Gaming;" to which they desire the Concurrence of this House.

As also, a Message was brought from the House of Commons, by Mr. Campion and others:

To return the Bill, 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;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Sir And Kennedy versus Sir Alex. Cumming:

After hearing Counsel, upon the Petition and Appeal of Sir Andrew Kennedy Baronet, from a Decree made by the Lords of Council and Session in Scotland, the Ninth Day of December One Thousand Seven Hundred and Seven, on the Behalf of Sir Alexand'r Cumming, in several Suits there depending, in relation to a Commission granted to Sir Andrew Kennedy by Their late Majesties King William and Queen Mary, under the Great Seal of Scotland, and renewed by His late Majesty King William in One Thousand Six Hundred Ninety-seven, to be Conservator of the Scotch Privileges in The Netherlands, and Their Majesties Resident for the Affairs of Scotland within The Seventeen Provinces, for and during the Life of Sir Andrew Kennedy and John Vere Kennedy his Son, jointly; and after Sir Andrew's Death, to the said John Vere, for and during His Majesty's Pleasure; and also in relation to one other Commission, dated the Seventh Day of April One Thousand Seven Hundred and Five, whereby the said Office is granted by Her Majesty to the said Sir Alexand'r Cumming: As also upon the Answer of Sir Alexander Cumming put in thereunto; and due Consideration of what was offered thereupon:

Judgement reversed.

It is Ordered, and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Decree of the Lords of Council and Session in Scotland, complained of in the Appeal of Sir Andrew Kennedy, shall be, and is hereby, reversed: And it is hereby Declared and Adjudged, That the said Commission granted by Her Majesty to Sir Alexander Cumming is void; and that the said Commission granted to Sir Andrew Kennedy and John Vere Kennedy by His late Majesty is still subsisting in full Force: And it is further Ordered, That the Lords of the Council and Session in Scotland do direct the Expences in these Suits to be taxed according to the Course of their Court, and paid to Sir Andrew Kennedy by Sir Alexander Cumming; and that Sir Andrew Kennedy shall be, and is hereby, quieted in the Enjoyment of the said Office; and as to the Mesne Profits of the said Office, the said Sir Andrew Kennedy is left at Liberty to pursue such Remedy as he shall be advised to take for the same.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum diem instantis Aprilis, hora undecima Auroræ, Dominis sic decernentibus.