Journal of the House of Lords: Volume 20, 1714-1717. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Jovis, 4 Aprilis.
Domini tam Spirituales quam Temporales præsentes fuerunt:
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.