House of Lords Journal Volume 18: 4 February 1709

Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.

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Citation:

'House of Lords Journal Volume 18: 4 February 1709', in Journal of the House of Lords: Volume 18, 1705-1709( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol18/pp628-629 [accessed 23 December 2024].

'House of Lords Journal Volume 18: 4 February 1709', in Journal of the House of Lords: Volume 18, 1705-1709( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol18/pp628-629.

"House of Lords Journal Volume 18: 4 February 1709". Journal of the House of Lords: Volume 18, 1705-1709. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol18/pp628-629.

In this section

DIE Veneris, 4 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. London.
Epus. Dunel. & D. Crewe.
Epus. Winton.
Epus. Roffen.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Cicestr.
Epus. Lincoln.
Epus. Landaven.
Epus. Exon.
Epus. Cestr.
Epus. Norwic.		 Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Comes Pembroke, Admirallus.
Dux Somerset.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Bedfort.
Dux Hamilton.
Dux Montrose.
Dux Roxburghe.
Dux Dover.
March. Kent, Camerarius.
March. Dorchester.
March. Annandale.
Comes Derby.
Comes Lincoln.
Comes Dorsett & Midd'x.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Berkshire.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Cardigan.
Comes Sussex.
Comes Feversham.
Comes Berkeley.
Comes Nottingham.
Comes Abingdon.
Comes Plimouth.
Comes Scarbrough.
Comes Rochford.
Comes Grantham.
Comes Wharton.
Comes Poulet.
Comes Cholmondeley.
Comes Mar.
Comes Rothes.
Comes Northesk.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Comes I'lay.
Viscount Townshend.
Viscount Weymouth.		 Ds. Delawarr.
Ds. d'Berkeley.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Chandos.
Ds. Hunsdon.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Dartmouth.
Ds. Stawell.
Ds. Guilford.
Ds. Ashburnham.
Ds. Weston.
Ds. Herbert.
Ds. Barnard.
Ds. Halifax.
Ds. Gernsey.
Ds. Hervey.

PRAYERS.

L. Windsor & al. Pet. referred to Judges.

Upon reading the Petition of the Right Honourable Thomas Lord Viscount Windsor in the Kingdom of Ireland, and the Lady Charlotte his Wife, formerly Wife of the Right Honourable John Lord Jeffreys, deceased, Henrietta Louise Jeffreys, an Instant, only Daughter and Heir of the said John Lord Jeffreys by the said Lady Charlotte, William Stringer Esquire and Margaret his Wife, One of the Daughters of George late Lord Jeffreys, deceased, Charles Dive Esquire and Mary his Wife, One other Daughter of the said George Lord Jeffreys; praying Leave to bring in a Bill, to vest the several Estates mentioned in the Petition in Trustees, to be sold, for the Payment of Debts, and other Purposes in the Petition set forth:

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 Gould 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.

Cox & al. Pet. referred to Judges.

Upon reading the Petition of Daniel Coxe the Elder, Doctor in Physic, and Rebecca his Wife, Daughter of John Coldham Esquire, deceased, and of Samuel Coxe, Richard Coxe, Susanna, Anne, Mary, Elizabeth, Lydia and Priscilla Coxe, and also Coldham Coxe and Nicholas Coxe, Infants, and of Daniel Coxe the Son, by Leonard Street Esquire, his Attorney and Agent (he being now beyond Sea), being the Eleven surviving Grandchildren of the said John Coldham, and Margaret Coxe, Widow and Relict of John Coxe, deceased, another of the said Grand-children, for and on the Behalf of herself and her Two Children William and Rebecca, who are Instants; praying Leave to bring in a Bill, for the vesting the Estates in the Petition mentioned in Trustees, to be sold, for the Benefit of the Petitioners:

It is Ordered, That 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 Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer; 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.

L. Carteret & al. versus Chapman, in Error:

After hearing Counsel, to argue the Errors assigned upon the Writ of Error brought into this House the Fourteenth of December last, upon a Judgement given in Her Majesty's Court of Exchequer, and affirmed in the Court of Exchequer Chamber, in which Writ of Error the Right Honourable John Lord Carteret, an Infant, (by the Lady Carteret his Mother and Guardian,) and others, are Plaintiffs, and Edward Chapman, Lessee of Sir John Wolstenholme Baronet, and of Thomas Wolstenholme, is Defendant; which Judgement of Affirmation was given in the Court of Exchequer Chamber, in Michaelmas Term One Thousand Seven Hundred and Eight, for the said Edward Chapman, against the said John Lord Carteret and others; and due Consideration of what was offered thereupon:

It is this Day Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Judgement given in the said Court of Exchequer Chamber, for the said Edward Chapman, against the said John Lord Carteret and others, shall be, and is hereby, affirmed; and that the Record be remitted, 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, is as follows; (videlicet,)

"Postmodumque, scilicet, Die Veneris, Quarto Die Februarii, Anno Regni dictæ Dominæ Reginæ nunc Septimo, vis. et per Cur. Parliament. præd. diligent. examinat. et plenius intellect. tam Record. et Process. præd. ac Judic. super eisdem reddit. quam præd. Caus. pro Error. assign. et allegat. videtur Cur. Parliamenti præd. nunc hic, quod Record. ill. in nullo vitiosum aut defectivum existit, ac quod in Record. et Process. præd. in nullo est Errat. Ideo considerat. est per eandem Cur. Parliamenti, quod Judicium præd. et Affirmatio prædict. in omnibus affirmentur, ac in omni suo Robore stent et Effectu, dictis Causis superius pro Error. assignat. in aliquo non obstant.; et quod præd. Ed'r'us Chapman in Cur. Scaccarii dictæ Dominæ Reginæ habeat inde Executionem suam, versus præd. Johannem Dominum Carteret, Courtnay Croker, Thomam Cole, et Ric'um Whaddon, juxta Formam et Effectum Judic. præd.; ac superinde Record et Process. præd. Cur. dictæ Dominæ Reginæ hic Parliament. præd. per enadem Cur. Parliament. præd. Cur. Scaccarii dictæ Dominæ Reginæ remittuntur, &c."

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, septimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

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