House of Lords Journal Volume 18: 17 January 1709

Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.

'House of Lords Journal Volume 18: 17 January 1709', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 604-606. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp604-606 [accessed 25 April 2024]

DIE Lunæ, 17 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:



Arch. Ebor. Epus. Dunel. & D. Crewe. Epus. Winton. Epus. Sarum. Epus. Eliens. Epus. Petriburg. Epus. Cicestr. Epus. Bangor. Epus. Lincoln. Epus. Landaven. Epus. Exon. Epus. Cestr. Epus. Norwic.	Ds. Cancellarius. Comes Godolphin, Thesaurarius. Ds. Sommers, Præses. Dux Newcastle,C. P. S. Dux Devonshire, Senescallus. Dux Somerset. Dux Richmond. Dux Bolton. Dux Bedford. Dux Buckingham & Normanby. Dux Hamilton. Dux Montrose. Dux Roxburghe. Dux Dover. March. Lindsey, Magnus Camerarius. March. Kent, Camerarius. March. Dorchester. March. Lothian. Comes Derby. Comes Lincoln. Comes Dorsett & Midd'x. Comes Bridgewater. Comes Northampton. Comes Denbigh. Comes Westmorlend. Comes Manchester. Comes Berkshire. Comes Rivers. Comes Stamford. Comes Thanet. Comes Sunderland. Comes Scarsdale. Comes Essex. Comes Radnor. Comes Berkeley. Comes Rochester. Comes Rochford. Comes Jersey. Comes Grantham. Comes Wharton. Comes Poulet. Comes Cholmondeley. Comes Bindon. Comes Mar. Comes Rothes. Comes Loudoun. Comes Wemyss. Comes Leven. Comes Northesk. Comes Orkney. Comes Seafield. Comes Roseberie. Comes Glasgow. Comes I'lay. Viscount Townshend.	Ds. Delawarr. Ds. Ferrers. Ds. Hunsdon. Ds. Howard Esc. Ds. Mohun. Ds. Byron. Ds. Rockingham. Ds. Lexington. Ds. Berkeley Str. Ds. Cornwallis. Ds. Ossulstone. Ds. Dartmouth. Ds. Guilford. Ds. Lempster. Ds. Weston. Ds. Halifax. Ds. Gernsey. Ds. Hervey. Ds. Pelham.

PRAYERS.

Bishop of Exeter to preach 31st Instant.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lord Bishop of Exeter be, and he is hereby, desired to preach before this House, in the Abbey Church at Westminster, on Monday One and Thirtieth Day of this Instant January.

Report concerning the Election of the Sixteen Scots Peers.

The Lord Mohun reported from the Lords Committees, appointed to consider of the Petitions and Representations of William Marquis of Annondale, George Earl of Sutherland, Patrick Earl of Marchmont, and William Lord Ross, and the Protestations with them delivered; as also the Papers and Documents delivered by the Clerks of the Sessions from Scotland; (videlicet,)

"That their Lordships have examined the Scrutiny in the Paper (marked N° 42.), made by the Clerks attending at the Election of the Sixteen Peers to serve for Scotland: And their Lordships find, that the same doth agree with the Book of the same Number, intituled, "Book of Lists taken by the said Clerks at the said Election;" by which it doth appear, that the Lords following had Votes; (videlicet,)



D. Hamilton	53.
D. Montrose	48.
D. Roxburghe	49.
M. Lothian	48.
M. Annandale	46.
E. Crafurd	49.
E. Sutherland	47.
E. Mar	56.
E. Rothes	50.
E. Morton	41.
E. Buchan	35.
E. Glencern	41.
E. Eglinton	45.
E. Loudoun	50.
E. Wemyss	51.
E. Dalhousie	40.
E. Leven	54.
E. Northesk	54.
E. Farfar	30.
E. Orkney	56.
E. Marchmont	44.
E. Seafield	56.
E. Stair	45.
E. Roseberie	59.
E. Glasgow	51.
E. Bute	42.
E. Play	53.
Visc. Duplin	42.
L. Ross	46.
L. Balmerino	42.
L. Blantire	38.
L. Belhaven	41.
M. Twedel	01.
L. Selkirk	01.
E. Kilmarnock	01.
E. Haddington	02.

"And that the Paper, marked, "A Scroll of Minutes," (N° 43, marked A.) contains an Account of the Proceedings at the Election of the Sixteen Peers to serve for that Part of Great Britain called Scotland; that it is ill written, and scored in several Places, and signed by the Two Clerks, Sir James Dalrimple and Mr. John Mackenzie.

N° 1. The Paper (N° 40. marked B.) contains the Duke of Hamilton's Protestation against the Duke of Dover's giving his Vote, as being a Peer of Great Britain, created since the Union.

"N° 2. The Earl of Marchmont's Paper (N° 40. marked C.) intituled, "A Protestation in relation to the voting of the Scotts Peers who were also Peers of England."

"3. Commission of the Lady Mary Bruce (N° 40. marked D.) against the Earl of Kincardine voting at the Election of the Sixteen Peers; she pretending he had no Right to that Honour.

"4. The M. of Annandale's Protestation (N° 40. marked E.) against the Earl of Aberdeen's List; he not being legally qualified to give a Vote.

"5. The Duke of Roxburgh's Protestation (N° 40. marked F.) against the Earl of Seafield's voting, or being elected; he being Lord Chief Baron of the Court of Exchequer in Scotland.

"6. The Earl of Rothes's Protestation (N° 40. marked G.) against the Duke of Dover's and Earl of Seafield's being Proxies; as not being themselves capable of electing, or being elected.

"7. The D. of Montrose's Protestation (N° 40. marked H.) against the Lord Saltoun's Proxy; he not being legally qualified to give one.

"8. The D. of Hamilton's Protestation (N° 40. marked I.) against the Lord Forrester's Proxy, for being a Minor; with an Attestation relating to his Birth and Baptism.

"9. The Duke of Atholl's Proxy to the Earl of Orkney (N° 3. marked K.) is signed, but not sealed.

"10. The Sheriff's Court, where the Earl Marishall qualified himself, was held in The Cannigate, in Edinburgh, Paper (N° 4. marked L.)

"11, 13, 14, 15. The Sheriff's Certificate of the Earl of Caithness taking the Oaths (N° 5. marked M.) is signed, but not sealed; his Proxy is signed and sealed, but without any subscribing Witnesses; neither is the Writer's Name designed.

"16. The Earl of Strathmore's Proxy to the Earl of Northesk (N°; 6. marked N.) is signed, but not sealed.

"17. The Sheriff's Certificate, (N°; 6. marked O.) of the Earl of Galloway's having taken the Abjuration Oath, is not sealed; and there is no Certificate of his having taken the other Oaths required by the Act of Parliament of Great Britain; nor is his Subscription to any other Oath returned.

"18. The Earl of Airly's Proxy to the Earl of Seafield (N°; 10. marked P.) is signed, but not sealed.

"19. The Earl of Bradalbin's List, (N°; 11. marked Q.) given in by the Earl of Bute, is signed by himself; but there are no subscribing Witnesses to it, nor the Writer's Name designed.

"20. The Earl of Aberdeen's List, (N°; 12. marked B.) is not signed by Witnesses; but the Power to give it in is signed and sealed before Witnesses; but has not the Writer's Name, nor Designation: There is likewise a Letter from the Earl of Aberdeen to the Earl of Eglinton, to present the List.

"21. The Earl of Hindford's List, given in by the Earl of Glasgow (N°; 13. marked S.) is signed before Two subscribing Witnesses; but has not the Writer's Name: There is no Commission; but there is a Letter, which seems to be all of his own Hand-writing.

"22. The Earl of Cromartie's List (N°; 14. marked T.) contains only the Names of Four Lords.

"23. The Earl of Portmore's Proxy, given in by the Earl of Marchmont, (N°; 16. marked U.) is dated from Westminster, is signed before Witnesses; but is not sealed, nor on stampt Parchment.

"No 24. The Lord Viscount Falkland's Proxy to the Earl of Orkney (No 18. marked W.) is not dated from any Place.

"25. The Lord Viscount Stormonth's Proxy to the Lord Viscount Kilsyth (No 19. marked H.) is not dated from any Place; but is on stampt Vellum, and signed by him before Witnesses.

"26. The Lord Viscount Newhaven's Proxy to the Duke of Montrose (No 20. marked Y.) is signed by himself, before Witnesses; but not dated from any Place.

"27. The Lord Viscount Tiviot's Proxy to the Earl of Marchmont (N°; 21. marked Z.) is signed at Westminster, before Witnesses; but not sealed; nor is it on stampt Parchment.

"28. The Lord Saltoun's Proxy to the Earl of Leven (No 22. marked A. A.) is signed before Witnesses, but not sealed.

"29. The Lord Semple's Proxy to the Lord Blantyre (N°; 23. marked B. B.) is signed and sealed before Witnesses, subscribing and designing themselves, without the designing the Writer or Witnesses in the Body of the Instrument.

"30. The Lord Burghlee's Proxy to the Earl of Wemyss, (N°; 27. marked C. C.) is signed before Witnesses, but not sealed.

"31. The Sheriff's Certificate of the Lord Rea's taking the Oaths, (N°; 29. marked D. D.) is not sealed.

"32. The Lord Belhaven's Proxy to the Earl Ruglin, (N° 31. marked E. E.) is dated at Berwick; and is signed and sealed, but not writ on stampt Paper: He took the Oaths in The Cannagate, in Edinburgh."

Report to be considered.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Report made this Day from the Lords Committees appointed 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, as also the Papers and Documents delivered by the Clerks of the Sessions from Scotland, shall be taken into Consideration To-morrow, at Eleven a Clock; and that all the Lords be summoned to attend.

Lady Duffus, Nat. Leave for a Bill.

Upon reading the Petition of Kenneth Lord Duffus; praying Leave to bring in a Bill, for the naturalizing of his Lady, who was born out of Her Majesty's Allegiance, but professeth the true Protestant Religion:

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.

Jenkins et al. Petition referred to Judges.

Upon reading the Petition of Juliana Jenkin, Widow and Relict of John Jenkin Gentleman, deceased, on Behalf of herself, and of John Jenkin, Richard Jenkin, Charles Jenkin, Thomas Jenkin, and Juliana Jenkin, Infants, her Children by the said John Jenkin; and also of Elizabeth Haffenden Widow, and Mother of the said John Jenkin; praying Leave to bring, in a Bill, to vest the Premises in the Petition mentioned in Trustees, to be sold, in the First Place, to discharge the Debts of the said John Jenkin the Nephew; and the Remainder of the Money to be by them laid out in the Purchase of other Lands, to be settled to the Uses of the Marriagesettlement, which will be for the Benefit of the Infants; and also for Lands of the like Value to be settled on the Petitioner Elizabeth Haffenden, for her Life, in Lieu of what she now enjoys:

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 Her Majesty's Court of Common Pleas and the Lord Chief Baron of Her Majesty's Court of Exchequer; who are forthwith to summon all Parties 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 that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Adjourn.

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