House of Lords Journal Volume 18: 29 January 1709

DIE Sabbati, 29 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

L. Herbert takes his Seat.

This Day Henry Lord Herbert sat first in Parliament, upon the Death of his Father Henry Lord Herbert; and took the Oaths of Allegiance and Supremacy, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Bp. of Norwich, to preach 17th Feb.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Norwich be, and he is hereby, desired to preach before this House, in the Abbey Church at Westminster, on Thursday the Seventeenth Day of February next, being the Day appointed by Her Majesty for a Public Thanksgiving.

Queen's Answer to Address, not to decline the Thoughts of a Second Marriage.

The Lord Chancellor reported Her Majesty's most Gracious Answer to the Address of both Houses, presented to Her Majesty, as follows; (videlicet,)

"The frequent Marks of Duty and Affection to My Person and Government, which I receive from both Houses of Parliament, must needs be very acceptable to Me.

"The Provision I have made for the Protestant Succession will always be a Proof how much I have at My Heart the future Happiness of the Kingdom.

"The Subject of this Address is of such a Nature, that, I am persuaded, you do not expect a particular Answer."

Address and Answer, to be printed.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of both Houses of Parliament, presented to Her Majesty Yesterday, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.

Election of Sixteen Peers of Scotland, Questions concerning.

The Order being read, for proceeding further on the Questions stated the Two and Twentieth Instant, in relation to the Election of the Sixteen Peers for Scotland:

This Question was read, "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 who are to represent the Peers of Scotland in Parliament?"

Whereupon the House came to the following Resolution:

Peer who took the Oaths in The Cannigate, qualified to vote at the Election.

"Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That 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 who are to represent the Peers of Scotland in Parliament."

Proxy of a Peer to vote, valid, without Witnesses being designed in the Body of it.

Then, this Question being read, "Whether a Proxy of a Peer, to vote at the Election of the Sixteen Peers for Scotland, be valid, without any Witnesses designed in the Body of the said Proxy?"

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Proxy of a Peer, to vote at the Election of the Sixteen Peers for Scotland, is valid, without any Witnesses designed in the Body of the said Proxy."

Then Counsel were called in, and heard to this Question;

Proxy valid, without the Writer's Name being designed.

"Whether a Proxy of a Peer, to vote at the Election of the Sixteen Peers for Scotland, be valid, although the Writer's Name be not designed therein."

And being withdrawn;

The House came to the following Resolution;

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Proxy of a Peer, to vote at such Election, is valid, although the Writer's Name be not designed therein."

List given in at the Election not valid, without subscribing Witnesses.

Then, this Question being read, "Whether a List given in at the Election of the Sixteen Peers for Scotland is valid, without subscribing Witnesses?"

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a List given in at such Election is not valid, without subscribing Witnesses."

The List valid, without the Writer's Name being designed in the Body of the Instrument.

Then, this Question being read, "Whether such List be valid, without the Writer's Name designed in the Body of the Instrument?"

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That such List is valid, without the Writer's Name designed in the Body of the Instrument."

Power to give in a List, being signed, &c. valid, without the Writer's Name, &c.

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

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Power to give in a List, being signed and sealed before Witnesses, is valid, without the Writer's Name and Designation."

Then, this Question being read, "Whether a Letter, writ and signed by a Peer, be a sufficient Mandate, although there be no Witnesses to the same?"

It was agreed to be passed over, as immaterial.

Then, this Question being read, "Whether a List given in at the Election of the Sixteen Peers for Scotland, containing only the Names of Four Lords, be a good List?"

It was also passed over.

Proxy signed at Westminster before Witnesses, without Stamps, and not sealed, a good Proxy.

And then, this Question being read, "Whether a Proxy, signed at Westm'r before Witnesses, but not sealed, nor on stamped Parchment, was a good Proxy at the said Election?"

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Proxy signed at Westminster before Witnesses, but not sealed, nor on stamped Parchment, was a good Proxy at the said Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament."

Committee to make a Calculation of the Numbers who voted for the Sixteen Peers, as they stand in Pursuance of these Resolutions.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That it be, and it is hereby, referred to the Lords Committees, appointed the Tenth Instant (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) to make a Calculation of the Number of Votes of the Peers who voted at the Election of the Sixteen Peers for Scotland, as they stand according to the several Resolutions of this House relating to the said Election.

Whose Lordships are to meet on Tuesday next, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and, having made such Calculation, are to report to the House.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tricesimum primum diem instantis Januarii, hora decima Auroræ, Dominis sic decernentibus.