Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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DIE Mercurii, 11 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
The Lord Steward reported from the Lords Committees, the Bill, intituled, "An Act for making good to William Thompson Esquire the Benefit intended to be granted to his Ancestors and their Heirs, by certain Letters Patents of King Charles the Second, in Lieu of the Castle of Scarborough, and other Things, by them surrendered to, and now enjoyed by, the Crown," as fit to pass, without any Amendment.
Hodie 3a vice lecta est Billa, intituled, "An Act for making good to Wm. Thompson Esquire the Benefit intended to be granted to his Ancestors and their Heirs, by certain Letters Patents of King Charles the Second, in Lieu of the Castle of Scarborough, and other Things, by them surrendered to, and now enjoyed by, the Crown."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Ordered, That the Commons have Notice, the Lords have agreed to the said Bill, without any Amendment.
Message from H. C. with a Bill.
A Message from the House of Commons, by Sir Francis Masham and others:
Who brought up a Bill, intituled, "An Act for enlarging the Term in an Act made in the Seventh Year of His late Majesty, for repairing the Highways between the City of London and the Town of Harwich, in the County of Essex;" to which they desire the Concurrence of this House.
Rolle & al. Petition referred to Judges.
Upon reading the Petition of Robert Rolle, John Rolle, Dennis Rolle, Esquires, Grandsons of Sir John Rolle deceased, and of Dennis Rolle and Charles Rolle Esquires, Younger Sons of the said Sir John Rolle: praying Leave to bring in a Bill, to enable Trustees to sell some Out Parts of the Petitioners Estates (not in Jointure) for Payment of Debts and Legacies, and Younger Children's Portions; and for laying out the Overplus (if any be) in Lands lying more convenient, to be settled 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. Justice Gould and Mr. Baron Bury; who are forthwith to summon all Parties that are to be 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 concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Woollen Cloths, dressing and dying, Bill.
Hodie 1a vice lecta est Billa, intituled, "An Act for encouraging the dressing and dying of Woollen Cloths within this Kingdom, by laying a Duty upon Broad Cloth exported White."
Ordered, That the said Bill be read a Second Time To-morrow, at Eleven a Clock.
Scots Peers, Method of returning, Heads for a Bill to settle.
The Lord Bishop of Salisbury reported the Heads agreed on Yesterday, in a Committee of the whole House, upon Consideration of the Method of returning Peers from the North Part of Great Britain, called Scotland.
Which were read, and agreed to by the House, as followeth; (videlicet,)
"Heads for a Bill concerning the Election of the Peers in Scotland.
"1. When a Parliament of Great Britain shall be summoned; the Method of summoning the Peers of that Part of the United Kingdom commonly called Scotland shall be, by a Proclamation, to be issued out under the Great Seal of Great Britain, and to be published at the Market Cross of Edinburgh, and in all the County Towns of Scotland, for all the Peers of that Part of the United Kingdom to meet at Edinburgh, or in any other Place in that Part of the Island commonly called Scotland, as shall be appointed in the said Proclamation, to elect Sixteen Peers to sit and vote in the House of Lords, by open Election.
"Here are to follow the Words of the Scottish Act.
"Provided always, that no Peer shall be capable of having more than Two Proxies at One Time.
"2. The Proclamation to be published Days before the Meeting of the Peers to proceed to such Election.
"3. All the Peers, who meet upon such Proclamation, shall, before they proceed to the Election, take the Oaths, and make the Subscriptions, which are by Law required of all who sit and vote in the House of Lords; and that they shall do in the Presence of the Peers assembled for the Election: Such as are absent on the Queen's Service, and have taken the Oaths and made the Subscriptions by Law required, shall be capable of making Proxies, or sending signed Lists: Such as live in Scotland, but cannot come to the Meeting so appointed, shall qualify themselves by Oath and Subscription in any Sheriff's Court; and the said Sheriff, or his Deputy, shall return such his Subscription, with an Attestation of his having taken the Oaths, to the Meeting of the Peers; and such Peer shall be thereby qualified to make a Proxy, or to send a signed List: And such of the Peers of Scotland as reside in England shall, upon taking the Oaths and the Subscriptions required by Law, in the Court of Chancery, or before the Judges, or the Barons of the Exchequer, be qualified to make Proxies, or to send signed Lists.
"Provided, That such Peers of Scotland as are also Peers of England shall sign their Proxies, or Lists, by the Title of their Peerage in Scotland.
"4. The Peers shall come to such Meetings with their ordinary Attendants, according to the Act that prescribes with what Numbers they may repair to Court.
"5. At the Meeting of the Peers, they shall all give in the Names of the Persons named by them to sit and vote in the House of Lords; and the Clerk of Register, or Two of the Principal Clerks of the Session, appointed by him to officiate in his Name, shall, after the Election is made and examined, certify the Names of the Sixteen Peers so elected by them, and sign and attest it in the Presence of the Peers, which he or they shall return to the Court from whence the Writ did issue, under the Great Seal of the United Kingdom.
"6. At this Meeting of the Peers, no other Matters shall be proposed, or treated of, except only the Election of the Sixteen Peers, under the Penalty of
Lords Chief Justices to prepare a Bill upon the Heads.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Chief Justice of Her Majesty's Court of Queen's Bench and the Lord Chief Justice of Her Majesty's Court of Common Pleas do forthwith prepare a Bill, upon the Heads agreed to this Day, relating to the returning Peers from the North Part of Great Britain called Scotland, to the Parliament of Great Britain, and lay the same before this House.
Gregg's Papers delivered.
The Earl of Sunderland (by Her Majesty's Command) laid before this House, the Papers and Examinations relating to William Gregg, pursuant to the Address of this House of the Ninth Instant.
Which were immediately sealed up, and referred to the Consideration of the Lords Committees appointed to examine the said William Gregg.
Hodie 2a vice lecta est Billa, intituled, "An Act for raising a further Supply to Her Majesty, for the Service of the Year One Thousand Seven Hundred and Eight, and other Uses, by Sale of Annuities, charged on a Fund not exceeding Forty Thousand Pounds per Annum, to arise by appropriating several Surpluses, and by granting further Terms in the Duties on Low Wines, and on Hawkers, Pediars, and Petty Chapmen, the Stamp Duties, the One Third Subsidy, the Duty on Sweets, and One of the Branches of Excise, and by making other Provision in this Act mentioned."
Ordered, That the said Bill be committed to a Committee of the whole House, To-morrow.
War in Spain.
Then the House (pursuant to Order) was adjourned during Pleasure, and put into a Committee again, to proceed further in Consideration of the State of the Nation, in relation to the War in Spain, and the Papers relating thereunto.
After some Time, the House was resumed.
And the Lord Herbert reported, "That the Committee of the whole House had made some further Progress in the Matters to them referred; and desired another Time may be appointed, for the House to be in a Committee, to proceed therein."
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Twelve a Clock, this House shall be put into a Committee again, to proceed further in Consideration of the State of the Nation, in relation to the War in Spain, and the Papers relating thereunto.
Messages from H. C. with Bills.
A Message from the House of Commons, by Mr. King and others:
Who brought up a Bill, intituled, "An Act for settling the Militia of that Part of Great Britain called Scotland;" to which they desire the Concurrence of this House.
A Message from the House of Commons, by Sir William Strickland and others:
Who brought up a Bill, intituled, "An Act to explain the Act of the last Session of Parliament for the Ease of Her Majesty's Subjects, in relation to Allowances out of the Duties upon Salt carried Coastwise, and also an Act of the First Year of Her Majesty's Reign, in relation to certain Salt Works near the Sea-side, and Bay of Holyhead, in the County of Anglesey;" to which they desire the Concurrence of this House.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, duodecimum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.