DIE Jovis, 4 Aprilis.
Domini tam Spirituales quam Temporales præsentes
Ds. Cowper, Cancellarius.
Dux Kingston, C. P. S.
Dux Kent, Senescallus.
Dux St. Albans.
Dux Bucks & Nor.
Viscount St. John.
Ds. North & Grey.
L. Visc. Montagu versus Maxwell & Ux.
Counsel were called in, to be heard, pursuant to the
Order of this House on Monday last.
And the Appellant's Counsel acknowledging the Respondents had paid to the Appellant the Sum directed,
for his Costs of that Day's Attendance, on Condition
of being allowed to move for a new Trial:
The Respondents Counsel moved for a new Trial
accordingly, against which the Appellant's Counsel objected.
And the Respondents Counsel having replied:
Then the Lord Parker Lord Chief Justice of the Court
of King's Bench (in his Place) gave the House an Account of the Evidence given on both Sides, on the Trial
of the Issue at the Bar of the said Court, directed by this
House, to try, "Whether the late Lord Viscount Mountague was of same Memory at the Time of executing
the Codicil then in Question?"
And, after Debate, the Order following was made:
"Ordered, That the Counsel be called in; and the
Lord Chancellor acquaint them, That the House,
having considered the said Motion, and what was
offered in relation thereunto, are of Opinion, not to
grant a new Trial; but that their Lordships will proceed to the Hearing, upon the Matters and Equity
reserved, To-morrow, at Eleven a Clock."
The Counsel were called in accordingly; and the
Lord Chancellor acquainted them with the said Order.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris,
quintum diem instantis Aprilis, hora undecima Aurora,
Dominis sic decernentibus.