House of Lords Journal Volume 18
9 February 1708

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 18: 9 February 1708', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 451-453. URL: http://www.british-history.ac.uk/report.aspx?compid=29623 Date accessed: 24 November 2014.


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DIE Lunæ, 9 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Winton.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Carliol.
Epus. Lincoln.
Epus. Landaven.
Ds. Cancellarius.
Ds. Godolphin, Thesaurarius.
Comes Pembroke, Præses.
Dux Newcastle, C. P. S.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Schonburg.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Buckingham & Nor.
Dux Montrose.
Dux Roxburghe.
March. Kent, Camerarius.
March. Tweeddale.
March. Lothian.
Comes Derby.
Comes Dorsett & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Westmorland.
Comes Rivers.
Comes Stamford.
Comes Sunderland.
Comes Essex.
Comes Cardigan.
Comes Radnor.
Comes Berkeley.
Comes Rochester.
Comes Torrington.
Comes Scarbrough.
Comes Bradford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Sutherland.
Comes Mar.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Comes Play.
Viscount Townshend.
Viscount Weymouth.
Ds. d' Berkeley.
Ds. Paget.
Ds. North & Grey.
Ds. Chandos.
Ds. Brooke.
Ds. Lovelace.
Ds. Howard Esc.
Ds. Mohun.
Ds. Lexington.
Ds. Cornwallis.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Sommers.
Ds. Barnard.
Ds. Halifax.
Ds. Hervey.

PRAYERS.

Warner & al. to amend Appeal.

Upon reading the Petition of Anne Warner Widow, Anne Warner Spinster, Elizabeth Warner, Mary Warner, and Edmund Warner; shewing, "That, in their Petition of Appeal depending in this House, from Part of a Decree made by the late Lord Keeper; in which said Appeal, the Clerk in the Engrossment hath made a Mistake, by inserting the Name of ["Elizabeth Hawes Spinster,"] instead of ["Nathaniel Hawes"]; and praying Leave to alter the same:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to amend their Appeal, according to the Prayer of their Petition.

Message from H. C. with a Bill.

A Message from the House of Commons, by the Lord William Pawlett and others:

Who brought up a 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;" to which they desire the Concurrence of this House.

Thompson's Bill.

Hodie 1a vice lecta est Billa, 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."

Ordered, That the said Bill be read a Second Time To-morrow, at Eleven a Clock.

Pole versus Gardiner.

Upon reading the Petition and Appeal of John Pole, from a Decree of the Court of Exchequer, the Three and Twentieth Day of June One Thousand Seven Hundred and Six, on the Behalf of Samuel Gardiner; and praying, "That the said Decree, and a Report of the Two and Twentieth of January last, and all subsequent Orders and Proceedings in the said Cause, may be reversed and set aside; and that Samuel Gardiner may answer the Premises:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Samuel Gardiner may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto in Writing, on Monday the Three and Twentieth Day of this Instant February, at Eleven a Clock.

Security of Her Majesty's Person, and Protestant Succession, Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for the Security of Her Majesty's Person and Government, and of the Succession to the Crown of Great Britain in the Protestant Line."

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

E. Radnor's Petition referred to Judges.

Upon reading the Petition of Charles Bodville Earl of Radnor; praying Leave to bring in a Bill, for vesting the Equity of Redemption of the Leasehold Manor and Premises (in the Petition set forth) in Trustees, to be sold, for discharging of Incumbrances charged thereupon:

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 the Lord Chief Justice of the Queen's Bench and Mr. Justice Powell; 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.

Alibon & al. versus Attorney General.

Upon reading the Petition of Sir Simon Harcourt, Her Majesty's Attorney General; praying, "That a a Day may be appointed, for hearing the Appeal depending in this House, wherein Job Alibon and Neville Ridley are Appellants, it being only brought for Delay:"

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 Nineteenth Day of this Instant February, at Eleven a Clock.

Queen's Answer to Address relating to Captain Kerr.

The Lord Steward reported Her Majesty's Answer to the Address relating to Captain Kerr, as follows; (videlicet,)

"That Her Majesty will take Care, in the most effectual Manner, to discourage the Abuses and ill Practices complained of in this Address, and to prevent the like for the future: And the House may be assured, that Her Majesty will always countenance with Her Favour such Commanders and Officers who shall discharge their Duty, by protecting and securing the Trade of the Nation."

Address and Answer to be printed.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Address of this House, of the Seventh Instant, relating to Captain Kerr, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.

Gregg convicted of High Treason, and no: executed Committee to examine him, and the Trial and Procedings against him.

The House taking into Consideration, That William Gregg, who now stands convicted of High Treason, in aiding and assisting Her Majesty's Enemies, having pleaded Guilty to the Indictment against him, and, since his Conviction, continued in Newgate, not executed:

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That a Committee of Seven Lords be appointed, by balloting, to examine the said William Gregg, and the Trial and Proceedings against him.

Then the House was adjourned during Pleasure, for the Lords to prepare Ballots, and to put them into the Glass.

Which being accordingly done;

The House was resumed; and the Committee following was named; (videlicet,)

Lords Committees appointed to cast up the Number of the Ballots.

Dux Devonshire, Senescallus.
Dux Bolton.
Dux Bedford.
Comes Derby.
Comes Westmorland.
Comes Stamford.
Comes Rochester.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

Their Lordships, or any Three of them; to withdraw presently into the Prince's Lodgings, to cast up the Ballots; and to report to the House.

After some Time;

The Earl of Stamford reported from the said Committee, "That the Majority of the Ballots had fallen on the Lords following; (videlicet,)

"Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Comes Wharton.
Viscount Townshend.
Ds. Sommers.
Ds. Halifax."

To which the House agreed.

Lords Committees appointed to examine William Gregg, who stands convicted of High Treason, now in Newgate; and also to examine into the Trial and Proceedings had against him; whose Lordships have hereby Power to send for Persons, Papers, and Records; and to report to the House.

Dux Devonshire, Senescallus.
Dux Somerset.
Dux Bolton.
Comes Wharton.
Viscount Townshend.
Ds. Sommers.
Ds. Halifax.

Their Lordships, or any Five of them; to meet when, where, and as often as, they please.

Address for Gregg's Papers to be laid before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, from this House, humbly to desire, "That Her Majesty would be pleased to give Order to be laid before this House, all such Papers, Writings, and Examinations, as have been had, or made Use of, in the Examination, Proceedings, and Trial, of William Gregg, who now stands convicted of High Treason."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Ireton and others:

Who brought up a Bill, intituled, "An Act for encouraging the Dressing and Dying of Woollen Cloths, within this Kingdom, by laying a Duty upon Broad Cloth exported White;" to which they desire the Concurrence of this House.

Brett & al. Petition referred to Judges.

Upon reading the Petition of Henry Brett Esquire, Anne his Wife, and Dame Anna Margaretta Mason; praying Leave to bring in a Bill, for confirming a Settlement (in the Petition set forth) to the Uses expressed in the Deed mentioned therein, enrolled, bearing Date the First Day of June One Thousand Seven Hundred and Five, and the Leases and Conveyances that have been made of any Part of the same pursuant thereunto:

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 Tracy and Mr. Baron Smith; 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, 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.

Annuities Bill.

Hodie 1a 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 Surpiuses, and by granting further Terms in the Duties on Low Wines, and on Hawkers, Pedlars, and Petty Chapmen, the Stamp Duties, the One Third Subsidy, the Duty on Sweets, and One of the Branches of the Excise, and by making other Provision in this Act mentioned."

List of the Peerage of North Britain, referred to Committees:

E. Sutherland and E. Crawfurd Precedenty.

The Lord Chancellor having, pursuant to the Order of this House, of the Two and Twentieth of December last, received an authentic List of the Peerage of the North Part of Great Britain, called Scotland, as it stood the First Day of May One Thousand Seven Hundred and Seven Years; and the Earl of Sutherland taking Notice to the House, "That there was now depending, between him and the Earl of Crafurd, some Disputes about their Precedency; and that there were others of the like Nature:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this List, and the Motion relating to the Earl of Sutherland and others, shall be, and are hereby, referred to the Committee of the whole House, appointed to sit To-morrow, to consider of the Method of returning Peers from Scotland to the Parliament of Great Britain.

War in Spain.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee, to consider of the State of the Nation, in relation to the War in Spain, and the Papers relating thereunto, on Wednesday next, at Twelve a Clock.

Scots Peers, Bill to settle the Method of returning.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Twelve a Clock, this House shall be put into a Committee, to consider of Heads for a Bill, to settle the Method of returning Peers from the North Part of Great Britain, called Scotland, to the Parliament of Great Britain; and such other Matters relating to the Peerage of that Part of Great Britain, as shall be thought fit.

French & Ux, versus Chichester & al.

Whereas this Day was appointed, for hearing the Cause wherein John French and his Wife are Appellants, and Arthur Chichester 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 Friday the Thirteenth Day of this Instant February, at Eleven a Clock; and that all the other Causes appointed to be heard be removed, to come on in Course.

Adjourn.

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