House of Lords Journal Volume 18: 10 January 1709

Die Lunæ, 10 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. of Berkshire takes his Seat.

This Day Henry-Bows Earl of Berkshire sat first in Parliament upon the Death of Thomas late Earl of Berkshire, his Uncle; and accordingly took his Place on the Earls Bench.

Lords take the Oaths.

Then 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,)

Ralph Duke of Montagu.
Henry-Bowes Earl of Berkshire.
George Earl of Orkney.
Archibald Earl of Play.

Smith versus Doleman.

Whereas Wednesday next was appointed for hearing the Cause wherein Richard Smith is Appellant, and Sir Thomas Doleman 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 Wednesday the Nineteenth Day of this Instant January, at Eleven a Clock in the Forenoon.

Attorney General versus Crofts & al.

Upon reading the Petition of Her Majesty's Attorney General; shewing, "That he having appealed from a Decree of Dismission in the Court of Exchequer, which is appointed to be heard, at the Bar of this House, on Thursday the Twentieth Day of this Instant January, and that the Matters which will be chiefly insisted on at the Hearing, will appear by several Deeds and Writings, which are in the Hands of the Respondents, who are to produce the same; and that he hath no Copies of them, nor is he permitted to inspect the said Writings; and that his Perusal thereof would not only spare much Time at the Hearing, but also contribute to the Relief prayed in the Cause;" and praying, "That the Respondents Roger Crofts and others may produce all the said Deeds and Writings, in such Manner as that the said Attorney General may, before the Hearing, see and make Remarks on the said Writings, for the Purposes aforesaid:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Roger Crofts and the other Respondents shall produce before Her Majesty's Attorney General the said Deeds and Writings, at some convenient Time before the said Hearing of the Cause in this House.

De Leuze & al. Nat. Bill.

Upon reading the Petition of James de Leuze and others; praying Leave to be added to a Bill of Naturalization now depending in this House:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be added to the Bill of Naturalization, according to the Prayer of their Petition.

Granger's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to enable George Blundell Esquire and other Trustees of John Granger Gentleman, deceased, to dispose of certain Lands, for the Payment of the Debts of the said John Granger; and for making Provision for the Widow and Younger Children of Nicholas Granger, his late Father, deceased."

Woolmere versus Markes.

Whereas To-morrow is appointed, for hearing the Cause wherein Charles Woolmere and John Simpson are Appellants, and Richard Marks Respondent; and the House being this Day moved (by the Consent of the Apellants and Respondents Agents declared at the Bar), To put off the Hearing the said Cause to some further Time:"

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 Wednesday the Six and Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.

Attorney General versus Crofts & al.

Whereas Thursday next was appointed for hearing of the Cause wherein Her Majesty's Attorney General is Appellant, and Roger Crofts and others Respondents:

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 Thursday the Twentieth Day of this Instant January, at Eleven a Clock in the Forenoon.

Papers relative to the Elections of Peers for Scotland.

The Order of the Day being read, for the House to take into Consideration the Petitions and Representations of William Marquis of Annandale, George Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Ross:

The said Petitions were severally read, and the Inventar of Proxies, &c. delivered into this House the Three and Twentieth of December last, by the Clerks Registers from Scotland, was also read, as follows:

"Inventar of Proxies, &c.

1. "The Lord Ross, for the Duke of Lenox, gave in the Proxy and Certificate, Two Pieces."

2. "The Earl of I'lay, Proxy for the Duke of Argyle, gave in the Proxy and Certificate, 2."

3. "The Earl of Orkney, Proxy for the Duke of Athole, gave in the Proxy, Certificate, and Oaths, 3."

4. "The Duke of Hamilton, Proxy for Earl Marishall, gave in the Proxy, Certificate, and Oaths, 3."

5. "The Earl of Glasgow, for the Earl of Caithnes, gave in the Proxy, Oaths, and Certificate subjoined, 2."

6. The Earl of Northesk, Proxy for the Earl of Strathmore, gave in the Proxy, Certificate, and Oaths, 4."

7. "The Earl of Orkney gave in a Letter from the Earl of Abercorne, directed to the Lord Register, containing a List of the Peers for whom he was to vote, with a Certificate of his taking the Oaths, 2."

8. "The Earl of Eglingtoun, Proxy for the Earl of Galloway, gave in the Proxy and Oath of Abjuration, 2."

9. "The Earl of Seafield, Proxy for the Earl of Stirling, gave in the Proxy and Certificate, 2."

10. "The Earl of Seafield, Proxy for the Earl of Airly, gave in the Proxy, with the Oaths and Certificate, 4."

11. "The Earl of Bute, for the Earl of Broadalbin, gave in a List, Oaths, and Certificate, 3."

12. "The Earl of Eglingtoun, Proxy for the Earl of Aberdeen, gave in a subscribed List, with a Missive and Certificate, and a Commission to the Earl of Eglingtoun to present the List, 4."

13. The Earl of Glasgow, for the Earl of Hyndfoord, gave in a Letter, with the subscribed List, with the Oaths and Certificate thereon, 3."

14. "The Earl of Northesk gave in a Letter by the Earl of Cromartie, and a List of Four Persons, 1."

15. "The Earl of Loudoun, Proxy for the Earl of Stair, gave in the Proxy and Certificate, 2."

16. "The Earl of Marchmont, Proxy for the Earl of Portmore, gave in the Proxy and Certificate, 2."

17. "Duke of Queensberry, Proxy for the Earl of Delarain, gave in the Proxy and Certificate, 2."

18. "The Earl of Orkney, Proxy for Viscount Falkland, gave in the Proxy and Certificate, 2."

19. "The Viscount of Kalseith, Proxy for Viscount Stormount, gave in the Proxy and Certificate, 2."

20. "The Duke of Montrose, Proxy for the Viscount of Newhaven, gave in the Proxy and Certificate, 2."

21. "The Earl of Marchmont, Proxy for the Viscount of Teviot, gave in the Proxy and Certificate, 2."

22. "The Earl of Glasgow, Proxy for the Viscount of Gornock, gave in the Proxy, Oaths, and Certificate, 3."

23. "The Earl of Leven, Proxy for the Lord Saltoun, gave in the Proxy, with Certificate and whole Oaths, except the Abjuration, which is in a Parchment by itself, whereon a great many are subscribing, 3."

24. "The Earl of Loudoun, Proxy for the Lord Cathcart, gave in the Proxy, with Certificate and Oaths, 4."

25. "The Lord Blantyre, Proxy for the Lord Sempill, gave in the Proxy, with the Oaths and Certificate, 4."

26. "The Lord Roseberie, Proxy for the Lord (fn. 1) Elphingston, gave in the Proxy, with the Oaths and Certificate, 4."

27. "The Earl of Wemyss, Proxy for the Lord Burlee, gave in the Proxy, Certificate, and Oaths, 4."

28. "The Earl of Sutherland, Proxy for the Lord Cameron, gave in the Proxy and Certificate, 2."

29. "The Earl of Wemyss, Proxy for the Lord Reay, gave in the Proxy and subscribed List prefixed, Certificate, and Oaths, 4."

30. "The Earl of Roseberie, Proxy for the Lord Forrester, gave in the Proxy and Certificate, 2."

31. "The Earl of Rutherglan, Proxy for the Lord Belhaven, gave in the Proxy and Certificate, the Oaths being on the same Paper with the Earl Marishall's and lying with his Proxy, 2."

32. "The Earl of Mar, Proxy for the Lord Doffus, gave in the Proxy and Certificate, 2."

33. "The Earl of Rutherglan, Proxy for the Lord Rutherford, gave in the Proxy, Certificate, and Oaths, 2."

34. "The Earl of Mar, Proxy for the Lord Eymouth, gave in the Proxy and Certificate, 2."

35. "Item, The Abjuration taken on Parchment by the Earls Marishal and Aberdeen, Viscount of Kilsyth, Lord Belhaven, Lords Ballenden, Balmarino, Saltoun, Kinnard, Viscount Dupplin, and Viscount Gornock, 1."

36. "Item, the other Oaths upon Paper by Earl Marshal, Aberdeen, Viscount Kilsyth, Lords Belhaven, Ballenden, Kinnard, Viscount Dupplin, 4."

37. "Item, The Abjuration taken by the Peers present, on Parchment, 1."

38. "Item, The other Oaths taken by them, in Three different Papers, 3."

39. "Item, A Certificate of the Earl of Orkney's taking the Oaths from the Chancery of Great Britain, 1."

40. "Item, The Protestations in Writing, being Nine, all figured by their Number, with an Extract of the Lord Forrester's Age, out of the Register of Baptisms, 10."

41. "Item, A Book for Protestations, wherein are writ such as were made and subscribed by some of the Peers, 1."

42. "Item, The Book of Lists, and long Lists in Figures, 2."

43. "Item, A Scroll of Minutes, of Two Sheets, containing, with other Matters, the Protestations verbally given, and not given in to the Clerks in Writing."

Committee to consider of these Papers, and of the Pet. of the Marq. of Annandale, E. of Sutherland, E of Marchmont, and L. Ross, complaining of an undue Election.

Ordered, That the Papers and Documents, whereof the Inventar, &c. is now read, be referred to the Lords following; who are hereby appointed a Committee, 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; and also the Papers and Documents mentioned in a Schedule read this Day, which were delivered by the Clerks Registers from Scotland; and to represent to the House the Matters of Fact, as they appear upon the said Papers now before this House; (videlicet,)

Their Lordships, or any Seven of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

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