House of Lords Journal Volume 18: 18 November 1708

Die Jovis, 18 Novembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Lords take the Oaths.

The Lords following took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; (videlicet,)

Thomas Earl of Pembroke, P.
Charles Duke of Somerset.
Charles Duke of Richmond.
Mainherdt Duke of Schonburg.
John Earl of Leicester.
Thomas Lord Bishop of Rochester. John Lord Bishop of Lichfield and Coventrie.
John Lord Bishop of Chichester.
John Lord Bishop of Bangor.
Thomas Lord Howard Eff.
William Ferdinand Lord Hunsdon.
Foulke Lord Brooke.
William Lord Byron.
Francis Lord Guilford.
Christopher Lord Barnard.
Francis Lord Conway.

Then the House was adjourned during Pleasure, to robe.

The House was resumed.

Lords Commissioners take their Seat.

Then Six of the Lords Commissioners, in their Robes, being seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; the Lord Treasurer and the Duke of Somerset on his Right Hand; and the Lord Privy Seal, the Lord Steward, and the Earl of Sunderland, on his Left; commanded the Deputy Gentleman Usher of the Black Rod to go to the House of Commons, and desire their Attendance in the House of Peers.

Who being come; Sir Richard Onslow said,

Sir R. Onslow Speaker of H. C. presented and approved of.

"My Lords,

"The Commons of Great Britain, assembled by virtue of the Queen's Royal Writ, and in Obedience to (fn. 1) Commands, have elected their Speaker.

"Being made the unworthy Subject of that Choice, I am obliged to tender myself for Approbation. May my most humble Intercession to your Lordships to disapprove this Choice obtain Pardon; proceeding not so much from Form, as a Sense of my own Inabilities; lest the Service of the Crown, and that of Great Britain, should suffer by any Defects of mine; a Misfortune of that Nature being much too great for me to support myself under."

Then the Lord Chancellor said,

"Gentlemen of the House of Commons,

"By Virtue of Her Majesty's Commission to us (among other Lords) directed, we do, in Her Majesty's Name, approve of the Choice you have made, of so worthy a Person to be your Speaker; and do allow of, and confirm you, Sir Richard Onslow, to be their Speaker."

Then Mr. Speaker said,

Speaker's Speech.

"It is my Duty, to submit most humbly to acknowledge this Honour conferred on me; to give Assurances of my utmost Endeavours to deserve the Continuance of the Queen's Favours; and to supply my Inabilities by a faithful and diligent Application to the Dispatch of those great and arduous Affairs for which this Parliament is convened.

"In Discharge of my Duty to the Commons; I demand Liberty of Speech; that their Debates may be free, the better to enable them to make suitable Provisions for the Support of the common Cause.

"That nothing may interrupt the Attendance of the Members, Freedom from Arrest for themselves and Servants; and that their Properties may not be disturbed.

"And, that the Queen may have a true State of their Proceedings, Access to Her Royal Person, so often as the Service of the Public represents it necessary.

"My Lords,

"I presume to ask as ample a Grant of these Privileges as ever were made to any preceding Commons; believing, no Prince ever had any more loyal, or more deserving so great a Trust.

"My Lords,

"The very melancholy and unhappy Occasion for opening this Parliament by Commission obliges my Intercession to your Lordships, for such a favourable Representation to the Queen, as may incline Her Majesty to pardon my involuntary Errors, and that such only be imputed to the unfortunate Author; believing, no Consideration can ever prevail with me, intentionally, to do any Act contrary to the true Interest of the Crown, which, undeniably, is that of my Country; to which Service, as I always have, I now entirely resign myself, without any other Consideration whatsoever."

Then the Lord Chancellor said,

"Mr. Speaker,

"We have it in Command from Her Majesty to let you know, That Her Majesty is fully assured of the Discretion and Temper, as well as the good Affections, of the House of Commons: And as to the Suit you have made in their Name; that Her Majesty is pleased to grant to them all their Privileges, in as full a Manner as they were at any Time granted or allowed by any of Her Royal Predecessors: And as to what you have prayed in relation to yourself; you may be assured, Her Majesty will put the most favourable Construction on your Words and Actions, in the Execution of your Duty of Speaker of the House of Commons, if ever you should stand in Need of it; whose Loyalty, Integrity, great Experience, and Abilities in the Business and Usages of Parliament, are so well known."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

Her Majesty's Speech, by Commissioners.

"In Pursuance of the Authority given us by Her Majesty's Commission under the Great Seal, among other Things, to declare the Causes of Her Majesty's calling this Parliament;

"We are, by Her Majesty's Command, in the First Place, to observe to you, That the extraordinary Length of this Year's Campaign hath obliged Her Majesty to defer your meeting longer than otherwise She would have done; that you might be informed with the greater Certainty of the State and Posture of the War, in order to your Resolutions for the ensuing Year.

"This necessary Delay hath now so far shewn us the Success of Affairs Abroad, as that, whether you consider the Places acquired by the Allies, or the farther and continued Proofs given this last Year of their superior Courage and Conduct, (which, as to the future Part of the War, is equal to all other Advantages,) we may, with Thanks to God, and Justice to those He hath been pleased to use as Instruments in this great Work, conclude, that, upon the Whole, we are brought much nearer than we were the last Session, to the End of our undertaking this War, the reducing the dangerous Power of France, and settling such a Peace as may secure itself from being violated.

"Her Majesty therefore commands us to assure you, She hath not the least Doubt, but that this Parliament will be of the same Opinion with Her last, as to the vigorous Prosecution of the War, and the Ends of it; believing it impossible, the Representative of the British Nation can endure to think of losing the Fruits of all our past Endeavours, and the great Advantages we have gained (particularly in this present Year), by submitting at last to an insecure Peace.

"And therefore, since probably nothing can hinder our Success Abroad, for the Time to come, but Misunderstandings among ourselves at Home, we have it in Command, to conjure you, by your Duty to God and to Her Majesty, your Zeal for the Protestant Religion, your Love for your Country, and the Regard you cannot but have for the Liberty of Europe in general, to avoid all Occasion of Divisions, which are ever hurtful to the Public; but will more especially be so at this Juncture, when the Eyes of all our Neighbours are upon you with a very particular Concern; and your Unanimity and good Agreement will be the greatest Satisfaction and Encouragement to all our Allies.

"Gentlemen of the House of Commons,

"You cannot but be convinced, that the several Parts of the War, which were provided for by the last Parliament, will require your Support, at least in the same Degree; but in Flanders the Nature of the War is much altered, by the great Advances made there towards entering into France; which hath so far alarmed our Enemies, that they are drawing more Troops daily to that Side, for the Defence of their own Country: And therefore Her Majesty hopes you will have so right a Sense of our present Advantages, as to enable Her Majesty to make a considerable Augmentation for preserving and improving them, which, by the Continuance of God's Blessing on our Arms, must soon put a glorious Period to this long and expensive War.

"As to the Condition of the Fleet, we have it in Command from Her Majesty to acquaint you, That the constant and remote Services in which the Ships have been employed have made a greater Sum than usual requisite, as well for the extraordinary Repairs, as the building of new Ships. And the Taking of Port Mahon, as it hath afforded the Means of having a Part of the Fleet operate with more Readiness and Effect on the Enemy, or wherever it may be useful to the common Cause in those Parts; so the making such Provisions, at so great a Distance as will be proper for that Service, must of Necessity cause some extraordinary Expences. All which Her Majesty recommends to your serious Consideration; desiring you to provide timely and effectual Supplies for those Ends, and likewise for the carrying on such Fortifications, for the Security of our Ports, and extinguishing the Enemy's Hopes of profiting by Disturbances in Scotland, as you shall think fit.

"My Lords, and Gentlemen,

"The Union is esteemed by Her Majesty to be so happy and great a Part of the Successes of Her Reign, and Her Majesty hath so much at Heart the confirming and improving it, that She is pleased to command us to remind you of preparing such Bills as shall be thought conducing to that End; and particularly, to make the Laws of both Parts of Great Britain agree, as near as may be, for the common Interest of both People, especially as to those Laws which relate to Criminal Cases and Proceedings, and settling the Militia on the same Foot throughout the United Kingdom.

"Her Majesty is graciously pleased, we should also assure you, that, if you can propose any Means for the Improvement of our Trade or Manufactures, or better Employment of the Poor, Her Majesty will take the greatest Satisfaction in enacting such Provisions; there being nothing She so earnestly desires, as that God would bless Her with more and more Opportunities of doing all possible Good to so welldeserving a People, so firm and affectionate to Her Interests.

"And as Her Majesty doth not doubt, by God's Blessing, and your good Affections, to continue to defeat the Designs of the Pretender, and his open or secret Abettors; so Her Majesty will always endeavour, on Her Part, to make Her People happy, to such a Degree, as that none (except of desperate Fortunes) shall enter into Measures for the Disturbance of Her Government, the Union, or the Protestant Succession as by Law established; without acting, at the same Time, manifestly against their own true and lasting Interest, as well as their Duty."

Then the Commons withdrew; and the House was adjourned during Pleasure, to unrobe.

The House was resumed.

Speech reported:

The Lord Chancellor reported the Speech.

Address to be drawn upon it.

And thereupon it is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address shall be presented to Her Majesty, to condole Her Majesty on the late unhappy Occasion; and to thank Her Majesty for the Speech delivered by Her Majesty's Command: And to assure Her Majesty, "That this House will stand by and assist Her Majesty, against the Pretender, his open and secret Abettors, and all other Her Majesty's Enemies whatsoever."

Lords Committees appointed to draw an Address, to be presented to Her Majesty, to condole Her Majesty on the late unhappy Occasion; and to thank Her Majesty for the Speech delivered by Her Majesty's Command; and to assure Her Majesty, that this House will stand by and assist Her Majesty, against the Pretender, his open and secret Abettors, and all other Her Majesty's Enemies whatsoever; and to report to the House; (videlicet,)

Their Lordships, or any Three of them; to meet at the Rising of the House; and to adjourn as they please.

Receivers and Triers of Petitions.

The Names of the Receivers and Triers of Petitions were read, as follow; (videlicet,)

Les Receivours des Peticons de la Grand Britaigne et d' Ireland.

Messire Jean Holt, Chivalier et Cheif Justicer.
Messire Jean Powell, Chivalier et Justicer.
Messire Jean Edisbury, Docteur au Droit Civll.

Et ceux qui veulent deliver leur Petitions eux baillent dedans Six Jours procheinment ensueant.

Les Receivours des Peticons de Gascoigne, et des autres Terres et Pais de par le Mer, et des Isles.

Messire Thomas Trevor, Chivalier et Chief Justicer de Bane Commune.

Messire Edward Ward, Chivalier et Chief Baron de I'Excheq'r de la Reine.

Messire Lacon William Child, Chivalier.

Messire Robert Legard, Chivalier.

Ex ceux qui veulent deliver leur Peticons, eux baillent dedans Six Jours procheinment ensueant.

Les Triours des Peticons de la Grand Britaigne et d'Ireland.

Le Duc de Somerset.
Le Duc de Beaufort.
Le Duc de Bolton.
Le Duc de Buckingham et Normanby.
Le Duc de Hamilton.
Le Duc de Montrose.
Le Marquess de Lindsey, Grand Chamberlein.
Le Marquess d' Dorchester.
Le Marquess de Lothian.
Le Count de Derby.
Le Count de Stamford.
Le Count de Sunderland.
Le Count de Feversham.
Le Count de Wharton.
Le Count de Crafurd.
Le Count de Mar.
Le Count de Seafield.
Le Baron Delawar.
Le Baron Herbert.
Le Baron Sommers.
Le Baron Halifax.

Touts eux ensemble, ou Quatres de Seigneurs avantditz; appellants aux eux les Serjeants de la Reine quant sera Besoigne; tiendront leur Place en le Chambre de Tresorier.

Les Triours des Peticons de Gascoigne, et des autres Terres et Pais de par le Mer, et des Isles.

Le Duc de Ormonde.
Le Duc de Shrewsbury.
Le Duc de Bedford.
Le Duc de Montagu.
Le Duc de Roxburghe.
Le Marquess de Kent, Chamberlein de I'Hostel (fn. 2) et de la Reine.
Le Count de Bridgewater.
Le Count de Westmorland.
Le Count de Thanet.
Le Count de Rochester.
Le Count de Poulett.
Le Count de Loudoun.
Le Count de Wemyss.
Le Count de Leven.
Le Count de Orkney.
Le Count de Roseberie.
Le Baron North & Grey.
Le Baron Mohun.
Le Baron Dartmouth.
Le Baron Gernsey.

Touts eux ensemble ou Quatre de Seigneours avantditz; appellant aux eux les Serjeants de la Reine, quant serra Besoigne; tiendront leur Place en la Chambre de Chamberlein.

Poor's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for the preventing the Poor's being defrauded, and Redress of several other Abuses."

Committee of Privileges.

Lords Committees appointed to consider of the Customs and Orders of the House, and the Privileges of Parliament, and of the Peers of Great Britain and Lords of Parliament.

Their Lordships, or any Seven of them; to meet on Monday next, at Ten a Clock in the Forenoon, in the House of Peers; and to adjourn from Time to Time, as they please.

Committee for the Journal.

Lords Sub-committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of Great Britain and Lords of Parliament; and to peruse and perfect the Journals of this Parliament.

Their Lordships, or any Three of them; to meet when, where, and as often as, they please.

Stoppages in the Streets, Order to prevent.

The House taking Notice, that there is such an Interruption, by Hackney Coaches, Carts, and Drays, in King-street, and the Passages to The Old Palace Yard, in Westminster, that the Lords and others are frequently hindered from coming to this House, to the great Inconveniency of the Members of both Houses:

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the High Steward of the City of Westm'r, or his Deputy, together with the Justices of the Peace for the said City; shall, by their Care and Directions to the Constables and other Officers within the said Limits, take special Care that no empty Hackney Coaches be suffered to make any Stay, between Whitehall and The Old Palace Yard, in Westm'r, from Eleven of the Clock in the Forenoon until Three of the Clock in the Afternoon of the same Day, during the Sitting of this Parliament; and that no Carriages, Drays, or Carts, be permitted to pass through the said Streets and Passages, between the Hours aforesaid, during the Sitting of this Parliament; and herein special Care is to be taken, by the said Deputy Steward; Justices of the Peace, Constables, and all other Officers herein concerned, as the contrary will be answered to this House.

Standing Orders to be read.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That, on Thursday the Five and Twentieth Day of this Instant November, the Roll of Standing Orders shall be read.

Then the Petition following was offered, and read; (videlicet,)

Marquis of Annandale et al. Petition, complaining of an undue Election of the Marquis of Lothian et al.

"To the Right Honourable the Lords Spiritual and Temporal in Parliament assembled.

"The humble Petition and Representation of William Marquis of Annandale, John Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Rosse;

"Sheweth,

"That, at the Election of the Sixteen Peers to serve in this present Parliament, your Petitioners were duly elected, by a greater Number of legal Votes than the Marquis of Lothian, the Earls of Wemyss, Loudoun, and Glasgow; their Lordships being chosen by some, whose Titles and Offices did altogether incapacitate them from giving their Votes in the said Election; and others, who had no Right of voting, as being under Age; others, by Proxies that were produced at the said Election, without giving any Designation of the Writer or Witnesses subscribing, which your Petitioners humbly conceive to be directly contrary to the Acts of Parliament that direct the Election of the Sixteen Peers; others, by Proxies of several Lords that had not qualified themselves by taking the Oaths as the Law requires, as the several Protestations taken thereupon at the said Election hereto annexed bears.

"That your Petitioners insisted on their Right at the said Election, and protested against the several irregular and undue Practices, without being able to procure any Manner of Redress.

"That, to add to these Proceedings, Grievances, and Hardships, the Clerks, who were appointed by the Lord Register for the Election, refused your Petitioners Extracts or authentic Copies of the Minutes of the Proceedings, as also of the Proxies, Lists, and other Writings given in for the absent Peers at the said Election, which your Petitioners demanded of them in due Form of Law, to the Intent that they might have been prepared to have made out all the Allegations of their Petition at the Opening of the Parliament; which Refusal is directly contrary to the known Laws and Usage of all the Courts and public Assemblies in Scotland; which Laws are, by the Treaty of Union, reserved; and the Earl of Glasgow, Lord Register himself, being applied to by your Petitioners for Copies or Extracts of the said Proceedings, Proxies, Lists, and other Papers relating to the said Election, was pleased to refuse the same, as the Instruments taken against the Register and Clerks upon their Refusal hereto annexed bears.

"That your Petitioners humbly conceive, and are advised, that his Grace the Duke of Queensberry, acquiring the Dignity of a Duke of Great Britain since the Establishment of the Union, ought not to have had any Vote in the said Election.

"That the Earl of Seafield, having accepted of a Commission from Her Majesty for being Chief Baron of Her Majesty's Court of Exchequer in North Britain; it is humbly conceived, his Lordship is, by the said Commission, obliged to attend the Service of that Court, and consequently incapable of being One of the Sixteen Lords that are to represent the Peers of Scotland, and for the same Reason ought to have no Vote at the said Election.

"For which, and many more Reasons, which your Petitioners are ready to make out to this Honourable House;

"Your Petitioners most humbly pray, that your Lordships will be pleased to stop the Marquis of Lothian, the Earls of Wemyss, Loudoun, and Glasgow, from taking Place in this most Honourable House, until your Petitioners shall be allowed to make out to your Lordships the Right of their Election, or otherwise, as to your Lordships, in your great Wisdom, shall seem meet; and to give your Petitioners such Redress, against the said Lord Register and Clerks, as such unwarrantable Actings do deserve.

"And your Petitioners shall ever pray, &c.

"Annandale.

"Rosse."

Clerks to attend, with all Papers relating to the Election of the Sixteen Peers of Scotland.

Upon reading the Petition and Representation of William Marquis of Annandale, John Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Rosse:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Clerks, appointed by the Lord Register to attend the Meeting of the Peers of Scotland, to elect Sixteen Peers for Scotland, do attend this House, with all the Papers relating to that Proceeding, on Thursday the Sixteenth Day of December next.

Marquis of Annandale et al. Petition to be considered.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petition and Representation of William Marquis of Annandale, John Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Rosse, complaining of some Proceedings in Scotland, upon the Election of Sixteen Peers to sit in this House, shall be taken into Consideration on Tuesday next, at Eleven a Clock; and all the Lords summoned to attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.