House of Lords Journal Volume 18: 26 January 1709

DIE Mercurii, 26 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

E. Leven's Commission delivered.

The Earl of Mar delivered a Copy of the Earl of Leven's Commission, pursuant to the Order Yesterday.

Muirhead versus Muirheid.

The House being this Day moved, "That James Muirhead may have further Time for answering to the Petition of Rose Muirheid; he being prevented coming to Town by the bad Weather:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Muirhead hath hereby Time allowed him, for answering thereunto, until Thursday the Tenth Day of February next, at Eleven a Clock.

Pierpoint, Leave for a Bill.

Upon reading the Petition of John Pierpoint, Citizen and Vintner of London; praying Leave to bring in a Bill, to erect and settle a Free School in the Parish of "Lucton, in the County of Hereford, for Instruction of poor Children in Religion, Grammar, Learning, Writing, Arithmetic, and Mensuration:"

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

Ly. Duffus's Nat. Bill.

The Marquis of Dorchester reported from the Lords Committees, the Bill, intituled, "An Act for naturalizing Charlotta Christiana Lady Duffus," as fit to pass, without any Amendment.

Ordered, That the said Bill be engrossed.

Lacy's Bill.

Hodie 3^a vice lecta est Billa, intituled, "An Act for vesting divers Manors, Lands, and Tenements, of John Lacy Esquire, in the Counties of Essex, Cambridge, and Middl'x, to be sold, for Payment of his Debts, making Provision for his Children unprovided for, and other Purposes therein mentioned."

Morgan versus Digby.

Whereas Wednesday the Second Day of February next was appointed, for hearing the Cause wherein James Morgan, Executor of Michael Racket deceased, is Appellant, and Elizabeth Digby 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 Monday the Seventh Day of February next, at Eleven a Clock; 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.

Bill for recruiting the Land Forces and Marines, passed by Commission.

The Lord Chancellor acquainted the House, "That Her Majesty has been pleased to grant a Commission, to the Lord Archbishop of Canterbury, Lord Chancellor, Lord Treasurer, Lord Privy Seal, Lord Steward, Duke of Somerset, Duke of Marlborough, Lord High Admiral, and the Earl of Sunderland, for passing an Act for the speedy and effectual recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Nine."

The House was adjourned during Pleasure, to robe.

The House was resumed.

Then Five of the Lords Commissioners, in their Robes, being seated on a Form placed between the Throne and the Woolsack; the Lord Chancellor in the Middle; the Lord Treasurer and the Duke of Somerset on his Right Hand; the Lord Privy Seal and the Earl of Sunderland on his Left; commanded the Deputy Gentleman Usher of the Black Rod to go to the House of Commons, and desire their Attendance presently, in the House of Peers.

Who being come, with their Speaker; the Lord Chancellor said,

"My Lords, and Gentlemen,

"Her Majesty, not thinking fit to be personally present in Parliament, has been pleased to issue Her Commission, to authorize the Lords, empowered to hold this Parliament, to declare and notify to both Houses the Royal Assent to a Bill passed both Houses, intituled, "An Act for the speedy and effectual recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Nine."

"Which Commission we desire may be read."

Then the Commission was read, as followeth; (videlicet,)

"ANNE R.

"Anne, by the Grace of God, of Great Britain, France, and Ireland, Queen, Defender of the Faith, &c. To Our Right Trusty and Right Well-beloved the Lords Spiritual and Temporal, and to Our Trusty and Well-beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires and Boroughs of the House of Commons, in this present Parliament assembled, Greeting. Whereas We have seen, and perfectly understood, an Act annexed and affiled to these Presents, agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal and the Commons in this Our present Parliament assembled, and endorsed by you, as hath been accustomed; the Title and Name of which Act hereafter doth particularly ensue; (that is to say,) "An Act for the speedy and effectual recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Nine:" And albeit the said Act, by you Our said Subjects the Lords and Commons, in this Our present Parliament assembled, (fn. 2) is fully agreed and consented unto; yet nevertheless the same is not of Force and Effect, in the Law, without Our Royal Assent given and put to the said Act: And forasmuch as, for divers great and urgent Causes and Considerations, We cannot conveniently, at this present, be Personally, in Our Royal Person, in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons; We have therefore caused these Our Letters Patents to be made, and have signed the same; and by the same do give and put Our Royal Assent to the said Act, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Act; willing that the said Act, and every Article, Clause, Sentence, and Provision, therein contained, from henceforth, shall be of the same Strength, Force, and Effect, as if We had been Personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do, by these Presents, declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal and the Commons aforesaid, as to all others whom it may concern, commanding also, by these Presents, Our Right Trusty and Well-beloved Counsellor William Lord Cowper, Our Chancellor of Great Britain, to seal these Our Letters Patents with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God and Our Right Trusty and Well-beloved Counsellor Thomas Lord Archbishop of Canterbury Primate and Metropolitan of all England, Our said Chancellor of Great Britain, Our Right Trusty and Right Well-beloved Cousin and Counsellor Sidney Earl of Godolphin Our High Treasurer of Great Britain, Our Right Trusty and Right Entirely-beloved Cousins and Counsellors John Duke of Newcastle Our Keeper of Our Privy Seal, William Duke of Devonshire Our Steward of Our Household, Charles Duke of Somerset Our Master of Our Horse, John Duke of Marlborough, and Our Right Trusty and Right Well-beloved Cousins and Counsellors Thomas Earl of Pembroke and Montgomery Our High Admiral of Great Britain, and Charles Earl of Sunderland One of Our Principal Secretaries of State, or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Act, with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same; and also to enrol these Our Letters Patents, and the said Act, in the Parliament Roll; and these Our Letters Patents shall be to every of them a sufficient Warrant in that Behalf. And We do declare and will, that, after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, that then, and immediately, the said Act shall be taken, accepted, and admitted, a good, sufficient, and perfect Act of Parliament and Law, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing, or Things, to the contrary thereof, notwithstanding. And whereas, by Our Letters Patents, bearing Date at Westminster, the Fifteenth Day of November last past, We did give and grant unto the said Archbishop of Canterbury, Our High Chancellor of, Great Britain, Our High Treasurer of Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery then President of Our Council, and Charles Earl of Sunderland, or any Three of them, full Power, in Our Name, to begin and hold this Our Parliament; and to open and declare, and cause to be opened and declared, the Causes of Our calling of it, and to proceed upon those Affairs, and in the said Parliament, and in all Matters arising therein; and to do every Thing which for Us, and by Us, for the good Government of Our Kingdom of Great Britain, and of other Our Dominions belonging to Our said Kingdom, should be therein to be done; and, if necessary, to continue, adjourn, and prorogue, Our said Parliament; We do hereby further declare, that Our said Letters Patents, and every Clause, Matter, and Thing, therein contained, are, and shall be, in as full Force and Power, these Our Letters Patents or any Thing herein notwithstanding, as if these Presents had not been had or made. And Our Will and Pleasure is, and We do ordain and constitute, that the said Archbishop of Canterbury, Our High Chancellor of Great Britain, Our High Treasurer of Great Britain, Our Keeper of Our Privy Seal, Our Steward of Our Household, Our Master of Our Horse, John Duke of Marlborough, Thomas Earl of Pembroke and Montgomery, and Charles Earl of Sunderland, or any Three of them, shall put in Execution all the Powers and Authorities in the said Letters Patents mentioned and expressed, that yet remain to be done and executed. In Witness whereof, We have caused these Our Letters to be made Patents.

Witness Ourself, at Westm'r, the Twenty-sixth Day of January, in the Seventh Year of Our Reign.

Per ipsam Reginam, propria Manu signat.

"Wrighte."

Then the Lord Chancellor said,

"In Obedience to Her Majesty's Commands, and by Virtue of the Commissions to us, among other Lords, directed (One whereof has been now read), We do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, That Her Majesty has given Her Royal Assent to the Act in the Commission mentioned; and the Clerks are required to pass the same, in the usual Form and Words."

Then the Clerk Assistant, in the Absence of the Clerk of the Crown, read the Title of the Bill; (videlicet,)

"An Act for the speedy and effectual recruiting Her Majesty's Land Forces and Marines, for the Service of the Year One Thousand Seven Hundred and Nine."

To which Bill the Clerk of the Parliaments pronounced the Royal Assent, in these Words; (videlicet,)

"La Raine le veult."

Then the Lord Chancellor said,

"My Lords, and Gentlemen,

"This is all we have to do, at present, by Virtue of the said Commissions."

Election of the Sixteen Peers of Scotland, Counsel and Witnesses heard, on some Points concerning:

The Order being read, for hearing Counsel and Witnesses, upon the several Questions stated on Saturday last, in relation to the Election of the Sixteen Peers for Scotland; and the House being informed, "That some Witnesses were wanting to the Two First Questions:"

It was proposed, "To adjourn this Business to another Day."

And, after Debate;

The Question being put, "Whether Counsel shall be now called in?"

It was Resolved in the Affirmative.

Resolution, that L. Forester and the E. of Dundonald were Minors at the Election.

Then, the Counsel being accordingly called in, they were directed to proceed upon that Point, relating to the Minority of such Peers as voted at the Election of the Sixteen Peers for Scotland.

And, Counsel and Witnesses being heard thereto, the Counsel withdrew; and the House came to the following Resolutions:

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Forrester was a Minor, at the Time of the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament."

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Dundonald was a Minor, at the Time of the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament."

Then it being moved, "To adjourn the House:"

The Question was put, "Whether this House shall be now adjourned?"

It was Resolved in the Negative.

Sheriff's Certificate of a Peer taking the Oaths, should be sealed as well as signed:

Then the Counsel were again called in, and directed to proceed upon this Question:

"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?"

And the Counsel agreeing therein, and being withdrawn;

The House came to the following Resolution:

"Resolved and Declared, by the Lords Spiritual and Temporal in Parliament, That 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."

Proxy of a Peer to vote at the Election, not valid, without subscribing Witnesses.

Then the Counsel were called in again, and heard to this Question:

"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?"

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 the Election of the Sixteen Peers for Scotland, is not valid, without subscribing Witnesses to the said Proxy."

Ordered, That this House will proceed to hear Counsel and Witnesses, on the other Questions stated the Two and Twentieth Instant, in relation to the Election of the Sixteen Peers for Scotland, on Friday next, at Twelve a Clock; and all the Lords summoned.

Answer from H. C.

The Messengers sent Yesterday to the House of Commons return Answer:

That the Commons will send an Answer by Messengers of their own.

Adjourn.

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