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 Martis, 1 Martii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
L. Stawell, Privilege:
Upon Oath made, at the Bar of this House, "That Richard Butler, menial Servant of the Right Honourable William Lord Stawell a Peer of this Kingdom, was arrested, and is now in Custody, by Cornelius Johnson Bailiff, at the Suit of Joseph Goswel, within the Time of Privilege of Parliament:"
Johnson and Goswell attached, for arresting Butler, his Servants:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Gentleman Usher of the Black Rod, his Deputy or Deputies, do forthwith attach the Bodies of the said Cornelius Johnson and Joseph Goswel, and bring them in safe Custody to the Bar of this House, to answer for their Offence; and this shall be a sufficient Warrant on that Behalf.
To the Gentleman Usher of the Black Rod attending this House, his Deputy or Deputies, and every of them.
Whereas Richard Butler, menial Servant to the Right Honourable William Lord Stawell, a Peer of this Kingdom, was arrested, by Cornelius Johnson Bailiff, at the Suit of Joseph Goswel, and now detained in Custody, contrary to the Privilege of Parliament:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Butler shall be, and he is hereby, discharged from the Restraint he lies under; and this shall be a sufficient Warrant on that Behalf.
To all Sheriffs, Bailiffs, and Keepers of Prisons, in whose Custody the said Richard Butler now is.
D. of Newcastle's Bill.
The Lord Delawarr reported from the Lords Committees, the Bill, intituled, "An Act for vesting in John Duke of Newcastle, and his Heirs, certain Lands belonging to the Vicarage of Walesby, in the County of Nottingham, in Lieu of an Annual Rent of Ten Pounds, payable to the Vicar of the said Vicarage, and his Successors for ever," as fit to pass, without any Amendment.
Ordered, That the said Bill be engrossed.
L. Willoughby de Broke, Leave for a Bill.
After reading, and considering, the Report of the Lord Chief Justice of Her Majesty's Court of Queen's Bench and Mr. Justice Powell, to whom was referred the Petition of Richard Lord Willughby de Broke, praying Leave to bring in a Bill, for the Purposes therein mentioned:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, according to the Prayer of the Petition.
Thanks of the House to be given to the Duke of Marlborough.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be given to his Grace the Duke of Marlborough, for his great and eminent Services in the last Campaign in Flanders; and that the Lord Chancellor do give his Lordship the same, when his Grace is in his Place in this House.
Bp. of Chichester's Bill.
The Earl of Stamford reported from the Lords Committees, the Bill, intituled, "An Act for explaining and making more effectual an Act made Anno Primo Annæ Reginæ, intituled, "An Act, giving further Time to John Lord Bishop of Chichester, and his Successors, to make Leases of certain Houses and Ground, in and near Chancery Lane, belonging to the Bishopric of Chichester," as fit to pass, with some Amendments.
Which were read Twice, and agreed to; and the Bill ordered to be engrossed, with the said Amendments.
Hodie 3a vice lecta est Billa, intituled, "An Act to enable the Honourable William Cecil Esquire, with others, to sell Lands, for Payment of several Debts charged upon his Estate by the Right Honourable John Earl of Exeter deceased, his late Father."
The Question was put, "Whether this Bill shall pass?"
It was Resolved in the Affirmative.
Message to H. C. with it.
A Message was sent to the House of Commons, by Mr. Medlycott and Mr. Fellowes:
To carry down the said Bill, and desire their Concurrence thereunto.
Hodie 1a vice lecta est Billa, intituled, "An Act to enable John Elye Esquire to raise Money out of his Estate, to pay his Debts; and for settling the Residue thereof, together with the Estate of Elizabeth his Wife, to the Uses intended by his Marriage Settlement."
State of North Britain, considered:
The House, pursuant to the Order of the Five and Twentieth of February last, took into Consideration the present State and Condition of the North Part of Great Britain; and made the following Address; (videlicet,)
Address for Papers relative to it.
"It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be made to Her Majesty, from this House, That Her Majesty will be pleased to give Order to be laid before this House, an Account of the Number of Troops at present in North Britain, according to the last Muster Rolls; and what General Officers are at present in North Britain, and by what Commissions they command; and what Stores are in the several Castles and Fortifications there, and what Fortifications have been made and repaired since the late intended Invasion; also an Account of the State and Produce of the several Branches of the Revenue in North Britain since the Union; and also what Money has been received on Account of the Equivalent, how applied and disposed of, and what remains unsatisfied upon that Account; and also that Her Majesty would be pleased to give Order, that a List of the Justices of Peace of North Britain be laid before the House."
Ordered, That the Lords with White Staves do humbly attend Her Majesty, with the Address of this House, agreed to this Day.
Judges to prepare a Bill, for the Laws concerning Treasons to be the same in both Kingdoms.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do prepare, and bring in, a Bill, to provide, that there be the same Law as now in England throughout the United Kingdom in respect to High Treason, as to the Nature of the Crime, the Method of Prosecution and Trial, and also the Forfeitures for that Crime: And it is also Ordered, That it be an Instruction to the Judges, to insert a Clause in that Bill, for declaring all Torture to be against Law.
Habeas Corpus Acts, to be considered.
Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Judges do consider of the Laws in England and Scotland, relating to the better securing the Liberty of the Subject by Writs of Habeas Corpus, or otherwise; and to report the same to the House.
Address, for the Preservation of the Repose and Quiet of Europe:
Then, the House being moved, "That an humble Address be made to Her Majesty, humbly to desire, that, for preserving the Repose and Quiet of Europe, and preventing the ambitious Designs of France for the future, Her Majesty would be pleased to take Care, at the Conclusion of the War, to continue and establish a good and firm Friendship among all the Allies; and that the French King may be obliged to remove the Pretender to Her Majesty's Crown out of his Dominions, and to own Her Majesty's Title, and the Protestant Succession as it is established by the Laws of Great Britain; and Her Allies be engaged to become Guarantees of the same."
Committee to draw the Address.
The Lords following were appointed a Committee, to draw an Address pursuant thereunto; and report to the House:
Their Lordships, or any Three of them; to meet presently, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.
Then the House was adjourned during Pleasure, to draw the said Address.
After some Time, the House was resumed.
The Lord Halifax reported from the Lords Committees, the Address drawn by their Lordships.
Which was read, and agreed to, as follows; (videlicet,)
"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, considering the great Expence of Blood and Treasure that Your Majesty and Your Allies have been at, in prosecuting this long War, for securing the Liberties of Europe, do most humbly beseech Your Majesty, that, for preserving the Repose and Quiet of Europe, and preventing the ambitious Designs of France for the future, Your Majesty would be pleased to take Care, at the Conclusion of the War, to continue and establish a good and firm Friendship among all the Allies; and that the French King may be obliged to own Your Majesty's Title, and the Protestant Succession as it is established by the Laws of Great Britain; and that Your Allies be engaged to become Guarantees of the same: And that Your Majesty would take effectual Methods, that the Pretender shall be removed out of the French Dominions; and not suffered to return, to disturb Your Majesty, Your Heirs, or Successors in the Protestant Line."
Ordered, That the said Address be communicated to the House of Commons, for their Concurrence.
Message to H. C. with it.
Then, a Message was sent to the House of Commons, by Mr. Justice Blencowe and Mr. Justice Dormer:
To acquaint them, that the Lords have agreed upon an Address, to be presented to Her Majesty; to which they desire their Concurrence.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, secundum diem instantis Martii, hora undecima Auroræ, Dominis sic decernentibus.