House of Lords Journal Volume 18: 22 January 1709

DIE Sabbati, 22 Januarii.

Domini tam Spirituales quam Temporales præsentesfuerunt:

PRAYERS.

E. Winchilsea takes the Oaths.

This Day Charles Earl of Winchilsea took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Penne's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for the further enabling George Penne Esquire to sell Lands, for Payment of his Debts, by enlarging a Trust for that Purpose, contained in a former Act, intituled, "An Act for enabling George Penne Esquire to sell Lands, for the Payment of his Debts, and other Purposes therein mentioned."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

Their Lordships, or any Five of them; to meet on Monday the Seventh Day of February next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Rosset et al. Nat. Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for naturalizing Lewis de Rosset, Peter Brozet, and others."

Ordered, That the Consideration of the said Bill be referred to the Lords Committees abovenamed.

Their Lordships, or any Five of them; to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Gay et al. Bill.

After reading, and considering, the Report of Mr. Baron Price and Mr. Justice Dormer, to whom was referred the Petition of Winifred Gay Widow and others; 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.

Hodie 1^a vice lecta est Billa, intituled, "An Act for vesting the Scite, Capital Messuage, or Farm of Southstock, and Lands thereunto belonging, in the County of Somerset, late the Estate of John Gay Gentleman, deceased, in Trustees, to be sold, for the speedier Payment of his Debts, and better Performance of the Trusts therein mentioned."

Digby versus Morgan.

Upon reading the Petition of Elizabeth Digby, Respondent to the Petition and Appeal of James Morgan, Executor of Michael Racket, deceased; praying a Day may be appointed for hearing the said Cause in this House, it being brought for Delay; and that the Appellant may, at the Hearing, produce all the Books, Accompts, and Writings, which were produced when the Cause was heard in the Court of Chancery:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Saturday the Nine and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon; at which Time the said Appellant is to produce, at the Hearing, all the Books, Accompts, and Writings, which were produced at the Hearing of the Cause below.

Ld. Carteret et al. versus Chapman, in Error.

Upon reading the Petition of John Lord Carteret and others, Plaintiffs in a Writ of Error depending in this House, wherein Edward Chapman, Lessee of Sir John Wolstenholme, and others, are Defendants; praying a Day for hearing the Errors argued thereupon:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Friday the Fourth Day of February next, at Eleven a Clock in the Forenoon.

Nedham's Petition referred to Judges.

Upon reading the Petition of George Nedham Esquire and Barbara his Wife; praying Leave to bring in a Bill, for the Sale of that Part of the settled Premises in the Petition set forth, not limited in Jointure to the Petitioner Barbara, to raise Two Thousand Pounds, for the discharging the Incumbrances and Debts of the Petitioners; and for settling the Reversion in Fee, which is of more Value, (in Lieu and Recompence thereof) to the same Uses:

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. Baron Bury and Mr. Baron Price; 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.

Messages from H. C. with Bills.

A Message from the House of Commons, by Mr. Montague and others:

Who brought up a Bill, intituled, "An Act for the Encouragement of those who are Manufacturers of the Woollen, Iron, and Linen Manufactures of this Kingdom; and for the more easy Recovery of Wages due for the working up the said Manufactures, and to Day-labourers;" to which they desire the Concurrence of this House.

A Message from the House of Commons, by Mr. Hungerford and others:

Who brought up a Bill, intituled, "An Act to prevent the laying of Wagers relating to the Public;" to which they desire the Concurrence of this House.

Woolmere et al versus Markes.

Whereas Wednesday next was appointed for hearing the Cause wherein Charles Woolmere and John Simpson are Appellants, and Richard Marks Respondent:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Tuesday the First Day of February next, at Eleven a Clock in the Forenoon.

Report concerning the Election of the Sixteen Peers of Scotland, further considered.

The Order being read, for taking into further Consideration the Report made from the Lords Committees appointed to consider of the Petitions and Representations of William Marquis of Annandale, George Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Ross, and the Protestations with them delivered, as also the Papers and Documents delivered by the Clerks of the Session from Scotland; the House proceeded thereon.

And upon reading Two Paragraphs in the said Report, N° 2 and 3, it was agreed they should be passed over.

Then the next Paragraph, N° 4. being read; it was agreed, to hear Counsel to the following Question:

Peer who took the Oaths within the Castle of Edinburgh, whether intitled to vote?

"Whether a Peer of Scotland, who took the Oaths within the Castle of Edinburgh, was thereby qualified to give his Vote at the Election of the Sixteen Peers of Scotland?"

Then the Paragraph, N° 5. being read, was passed over.

Then the Paragraph, N° 6. being read; that Part relating to the Earl of Seafield, was passed over.

Resolution that a Peer not entitled to vote at the Election, could not vote as a Proxy.

And, after Debate relating to the Duke of Dover's being Proxy;

This Question was put, "That a Peer of Scotland, who had not a Right to vote at the Election of the Sixteen Peers for Scotland, had a Right to give a Vote as Proxy in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament?"

It was Resolved in the Negative.

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Peer of Scotland, who had not a Right to vote at the Election of the Sixteen Peers for Scotland, had not a Right to give a Vote as Proxy in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament."

Then the Paragraph in the said Report, N° 7. being read;

It was agreed, to hear Counsel to the first-mentioned Question.

Counsel to be heard, concerning several other Matters relative to the Election of the Peers.

The next Paragraph, No 8. being read;

It was agreed, to hear Counsel and Witnesses, in relation to the Minority of such Peers as voted at the said Election of the Sixteen Peers for Scotland.

The Paragraph No 9. being read, was passed over.

Then the Paragraph N° 10. being read;

It was agreed, to hear Counsel to this Question,

"Whether a Peer of Scotland, who took the Oaths in The Cannigate, in Edinburgh, was thereby qualified to give his Vote at the Election of the Sixteen Peers for Scotland?"

The Paragraphs, No 11, 12, 13, 14, 15, being read;

It was also agreed, to hear Counsel to the following Questions:

1. "Whether the Sheriff's Certificate of a Peer of Scotland taking the Oaths, to qualify himself to vote at the Election of the Sixteen Peers for Scotland, ought to be sealed as well as signed?"

2. "Whether a Proxy of a Peer, to vote at the Election of the Sixteen Peers for Scotland, be valid, without subscribing Witnesses to the said Proxy?"

3. "Whether a Proxy of a Peer, to vote at the said Election, be valid, without any Witnesses designed in the Body of the said Proxy?"

4. "Whether a Proxy of a Peer, to vote at the said Election, be valid, although the Writer's Name be not designed therein?"

Then the Paragraph No 16. being read, was passed over.

The next Paragraph No 17. being read, was allowed.

The Paragraph No 18. being read, was passed over.

Then the Paragraph No 19. being read;

It was agreed, to hear Counsel to the following Questions;

5. "Whether a List, given in at the Election of the Sixteen Peers for Scotland, is valid, without subscribing Witnesses?"

6. "Whether such a List be valid, without the Writer's Name designed in the Body of the Instrument?"

The Paragraph No 20, being read;

It was also agreed, to hear Counsel to the following Question:

7. "Whether a Power to give in a List, being signed and sealed before Witnesses, ought also to have the Writer's Name and Designation?"

The next Paragraph No 21. being read;

It was agreed, to hear Counsel to this Question,

8. "Whether a Letter, writ and signed by a Peer, be a sufficient Mandate, although there be no Witnesses to the same?"

Then the Paragraph No 22. being read;

It was agreed, to hear Counsel to the Question following,

9. "Whether a List, containing only the Names of Four Lords, be a good List?"

The Paragraph No 23. being read;

It was also agreed, to hear Counsel to this Question,

10. "Whether a Proxy, signed at Westm'r before Witnesses, but not sealed, nor on stampt Parchment, was a good Proxy at the said Election?"

The Three next Paragraphs, No 24, 25, 26, being read, were passed over.

Then the Paragraph No 27. being read; it was agreed, to hear Counsel to the same Question, as to the Paragraph No 23.

The Paragraph No 28. being read, was passed over.

The Paragraph No 29. being read; it was agreed, to hear Counsel to the same Question, as to the Paragraph No 19. numbered in the Margin 6.

Then the Paragraph No 30. being read, was passed over.

And then the Paragraph, No 31. being read; it was agreed, to hear Counsel to the same Question, as to the Paragraph No 11. &c. numbered in the Margin 1.

Upon Consideration of the aforementioned Report:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear Counsel and Witnesses, on Wednesday next, at Eleven a Clock, to these Two Questions:

1. "Whether a Peer of Scotland, who took the Oaths within the Castle of Edinburgh, was thereby qualified to give his Vote at the Election of the Sixteen Peers for Scotland?"

2. "Whether a Peer of Scotland, who took the Oaths in The Cannigate in Edinburgh, was thereby qualified to give his Vote at the Election of the Sixteen Peers for Scotland?"

And also Counsel and Witnesses, in relation to the Minority of such Peers as voted at the Election of the Sixteen Peers for Scotland.

As likewise, at the same Time, Counsel to the following Questions:

1. "Whether the Sheriff's Certificate of a Peer of Scotland's taking the Oaths, to qualify him to vote at the Election of the Sixteen Peers for Scotland, ought to be sealed as well as signed?"

2. "Whether a Proxy of a Peer to vote at the Election of the Sixteen Peers for Scotland be valid, without subscribing Witnesses to the said Proxy?"

3. "Whether a Proxy of a Peer to vote at the said Election be valid, without any Witnesses designed in the Body of the said Proxy?"

4. "Whether a Proxy of a Peer to vote at the said Election be valid, although the Writer's Name be not designed therein?"

5. "Whether a List, given in at such Election, is valid, without subscribing Witnesses?"

6. "Whether such List be valid, without the Writer's Name designed in the Body of the Instrument?"

7. "Whether a Power to give in a List, being signed and sealed before Witnesses, ought also to have the Writer's Name and Designation?"

8. "Whether a Letter, writ and signed by a Peer, be a sufficient Mandate, although there be no Witnesses to the same?"

9. "Whether a List containing only the Names of Four Lords be a good List?"

10. "Whether a Proxy signed at Westm'r before Witnesses, but not sealed, nor on stampt Parchment, was a good Proxy at the said Election?"

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, vicesimum quartum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.