House of Lords Journal Volume 18: 18 January 1709

DIE Martis, 18 Januarii.

Domini tam Spirituales quam Temporales præsentesfuerunt:

PRAYERS.

Gay et al. Report delivered.

This Day Mr. Baron Price and Mr. Justice Dormer delivered their Report, upon the Petition of Winifred Gay and others.

Ordered, That the said Report do lie on the Table, to be called for by the Lords.

Lady Duffus, Nat. Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for naturalizing Charlotta Christiana Lady Duffus."

Penne, Leave to bring in a Bill.

After reading, and considering, the Judges Report, to whom was referred the Petition of George Penne Esquire and Susanna his Wife; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, according to the Prayer of their Petition.

Report relating to Election of Peers of Scotland considered.

The Order being read, for taking into Consideration the Report made Yesterday, upon the Petitions, Representations, Protestations, and other Papers and Documents, received from Scotland:

And, after some Debate thereupon, it was agreed, to proceed upon the several Heads, as they lie in the Report.

And the following Protestation being also read; (videlicet,)

D. of Hamilton's Protest against the D. of Queensberry voting at the Election, who was created a Peer of Great Britain after the Union:

"We James Duke of Hamilton do protest, for myself, and in Name of all the other Peers who shall adhere to this my Protestation, that the Duke of Dover cannot vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in the ensuing Parliament of Great Britain, because, by the Eighth Act of the last Parliament of Scotland, settling the Manner for electing the Sixteen Peers, it is ordained, "That the said Sixteen Peers, who shall have Right to sit in the House of Peers in the Parliament of Great Britain, on the Part of Scotland, by virtue of the Union, shall be named, by the Peers of Scotland whom they represent, out of their own Number; and the Duke of Dover, being now a British Peer, created since the Union, as he is not of the Number of these Peers who can be represented by the Sixteen Peers, so he cannot vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland.

"Hamilton."

And Debate thereupon;

Counsel to be heard on that Point.

The House agreed, to hear Counsel upon the following Question; (videlicet,)

"Whether a Peer of Scotland, claiming to sit in the House of Peers by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who now sits in the Parliament of Great Britain, had a Right to vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament?"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel, on the following Question, on Friday next, at Eleven a Clock:

"Whether that a Peer of Scotland, claiming to sit in the House of Peers by virtue of a Patent passed under the Great Seal of Great Britain, after the Union, and who now sits in the Parliament of Great Britain, had a Right to vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament?"

Adjourn.

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