House of Lords Journal Volume 20: 31 January 1716

DIE Martis, 31 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Georgius Princeps Walliæ.

PRAYERS.

Mynde to enter into Recognizance for Rutter & al.

Upon reading the Petition of John Rutter and others; praying, "In regard they live at Newcastle upon Tyne, that James Mynde, their Solicitor, may enter into a Recognizance for them, upon their Appeal depending in this House:"

It is Ordered, That the said James Mynde may enter into a Recognizance for the Petitioners, as desired.

King's Answer, concerning a Lord High Steward and Guards.

The Lord Chamberlain acquainted the House, "That the Lords with White Staves had (according to Order) waited on His Majesty, with the Address of this House, "That He would be pleased to constitute a Lord High Steward, for the further Proceedings against the Six Lords who have pleaded guilty to the Impeachment of the House of Commons;" as also with the Address, "That His Majesty would be pleased to give Order, that such Guards do attend on the Day this House shall give Judgement, as hath been usual in Cases of Trials;" and that His Majesty was pleased to say, "He would give Directions for the constituting a Lord High Steward, and also for the Attendance of Guards, pursuant to the said Addresses."

Sir Christopher Wren attends, about the Places in the Court in Westminster Hall.

The House being informed, "That Sir Christopher Wren attended, according to Order;" he was called in, and acquainted the House, "That the Scaffolds in Westminster Hall have been viewed, and are very substantial and firm to all Appearance."

And being asked, "What Room he finds therein, so as the Tickets may be proportioned accordingly?"

He says, "There are Three Seats enclosed on the West Side for the Peeresses and Lords Daughters, which will hold One Hundred and Fifty-three Persons; that there are Six Seats on the same Side behind the Peeresses, which will hold Three Hundred Eighty-two; that there are Two Galleries behind the Lord Great Chamberlain's Seat behind the Bar, which will hold Three Hundred and Seventy Persons."

And being also asked, "If there is a Place prepared on the East Side for the Commons?"

He likewise informed the House, "That, on the East Side, there are Seats for the Commons, which will hold Five Hundred Persons."

Then, the House being informed, "That there was not Room at the Bar for above Two of the Prisoners to stand together at once:"

Sir Christopher Wren was asked concerning it.

And he acquainted their Lordships, "It was so; and that the Scaffold was built according to the Model of that for the Trial of Doctor Sacheverell."

And then he withdrew.

Ordered, That the Lord Great Chamberlain do cause the Bar to be altered, so as that Six Persons may stand abreast together.

Peers Tickets.

Ordered, That all the Lords of this House who have personally appeared, or will personally appear, in this House, before the giving of Judgement in Westm'r Hall upon the Six Lords who have pleaded guilty to the Impeachment of the House of Commons, shall have Seven Tickets each delivered to him or them by the Lord Great Chamberlain's Servants, if he or they personally come for them to the Prince's Lodgings near the House of Peers; and if any Lord desires Tickets for another Lord, they are to be delivered, if Two Lords do say, "Such Lord, they believe, will personally appear before the giving of Judgement as aforesaid."

E. of Darwentwater, Leave for Persons to visit him.

Upon reading the Petition of James Earl of Darwentwater; praying, "That the Duke of Richmond, Duke of St. Albans, and Mr. Pitt Junior, may be permitted to come to him:"

It is Ordered, That the Duke of Richmond, Duke of St. Albans, and the said Mr. Pitt, may have Access to the Petitioner once, severally, at any seasonable Time.

Thanks to Bp. of Gloucester, for his Sermon.

Ordered, That the Thanks of this House be, and are hereby, given to the Lord Bishop of Gloucester, for his excellent Sermon preached before this House Yesterday, in the Abbey Church, Westminster; and he is hereby desired to print and publish the same.

E. Mar & al. Attainder, Bill.

The Orders of the Day being read, for the Second Reading of the Bill, intituled, "An Act to attaint John Earl of Mar, William Murray Esquire commonly called Marquis of Tullibardine, James Earl of Linlithgow, and James Drummond Esquire commonly called Lord Drummond, of High Treason;" and for the Attendance of Ebenezer Whittle and Doctor Blair, to be examined in relation to the said Bill:

The said Ebenezer Whittle and Doctor Blair were called in, severally; and examined, upon Oath, touching the Proceedings of the several Persons to be attainted by the said Bill.

Also, James Stewart of Craighton was called in; and examined alone, upon Oath, concerning the same Matter.

And they giving an Account of the said several Persons being in Arms, in open Rebellion, for the Pretender, whom they had caused to be proclaimed King of Scotland, by the Name of James the Eighth, and Third of England:

Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.

Holdaway, E. Portland's Servant, discharged; and Gwatkins attached:

Complaint being made to the House, and Oath made at the Bar, "That Timothy Holdaway, menial Servant to the Earl of Portland, was arrested by William Gwatkins a Bailiff, and detained in Custody after he knew the said Holdaway to be the said Earl's menial Servant, during the Time, and contrary to the Privilege, of Parliament;" and it being alledged, "That his Lordship's said Servant is now in The Gatehouse, Westminster:"

It is Ordered, That the said Timothy Holdaway be forthwith discharged from the Restraint he now lies under, without paying any Fees; and that the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Body of the said William Gwatkins, and keep him in safe Custody until further Order of this House; and this shall be a sufficient Warrant in that Behalf.

To Sir William Oldes, Gentleman Usher of the Black Rod, his Deputy or Deputies, and every of them.

Purcell to attend:

Ordered, That John Purcell, an Attorney of Clifford's Inn, and Plaintiff in the said Arrest, do attend this House To-morrow, at Twelve a Clock.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, primum diem Februarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.