House of Lords Journal Volume 18
21 January 1709

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 18: 21 January 1709', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 608-609. URL: http://www.british-history.ac.uk/report.aspx?compid=29696 Date accessed: 24 November 2014.


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DIE Veneris, 21 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Dunel. & D. Crewe.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Cicestr.
Epus. Bangor.
Epus. Lincoln.
Epus. Landaven.
Epus. Cestr.
Epus. Norwic.
Ds. Cancellarius.
Comes Godolphin, Thesaurarius.
Ds. Sommers, Præses.
Dux Newcastle, C. P. S.
Comes Pembroke, Admirallus Mag. Br.
Dux Devonshire, Senescallus.
Dux Somerset.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux St. Albans.
Dux Bolton.
Dux Schonburgh.
Dux Shrewsbury.
Dux Bedford.
Dux Buckingham & Normanby.
Dux Montagu.
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 Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Manchester.
Comes Berkshire.
Comes Rivers.
Comes Peterborow.
Comes Stamford.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Essex.
Comes Feversham.
Comes Radnor.
Comes Berkeley.
Comes Rochester.
Comes Abingdon.
Comes Scarbrough.
Comes Rochford.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulett.
Comes Cholmondeley.
Comes Bindon.
Comes Crafurd.
Comes Mar.
Comes Rothes.
Comes Loudoun.
Comes Wemyss.
Comes Leven.
Comes Northesk.
Comes Orkney.
Comes Seafield.
Comes Roseberie.
Comes Glasgow.
Comes Play.
Viscount Say & Seale.
Viscount Townshend.
Viscount Weymouth.
Ds. Delawarr.
Ds. Howard Eff.
Ds. Hunsdon.
Ds. Howard Esc.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Lempster.
Ds. Weston.
Ds. Haversham.
Ds. Barnard.
Ds. Halifax.
Ds. Gernsey.
Ds. Hervey.
Ds. Pelham.

PRAYERS.

E. Greenwich takes the Oaths.

This Day John Earl of Greenwich took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Attorney General versus Crofts et al.

Upon reading the Petition of Her Majesty's Attorney General, shewing; "That, by Order of the Tenth Instant, the Respondents were to produce several Deeds in their Hands before the said Attorney, for his Perusal; and that, pursuant to the said Order, they have produced the Deeds, except Two Deeds, dated the Six and Twentieth of March One Thousand Six Hundred Eighty-two, and the Tenth of January One Thousand Six Hundred Eighty-eight, which they have neglected to produce, but say, that the Deeds were not within the said Order, the said Deeds not having been made Use of in the Court of Exchequer, as they pretend;" and praying, "That the Respondents do forthwith produce before the Attorney General the said Two Deeds, and also to produce them and the other Deeds at the Hearing:" As also upon reading the Petition of Roger Crofts and others; shewing, "That they have produced the Deeds, as ordered; and that the Attorney General demands Two other Deeds, which were not proved in the Cause, nor read, either at the Hearing, or Trial at the Bar; the Respondents, conceiving the same not be within the Meaning of the Order, did not produce the said Two Deeds:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Deeds, which were produced before the Attorney General, pursuant to the Order of this House, shall be produced at the Hearing in this House; and that the Two other Deeds, desired to be produced by the Attorney General, shall be produced before him, and also at the Hearing in this House, if they were produced, proved, or made Use of, in the Courts below, in this Cause.

Peer of Scotland created a Peer of Great Britain after the Union, not intituled to vote at the Election of the Sixteen Peers.

The Order of the Day being read, and Counsel being called in, and heard for the Petitioners, as ordered on Tuesday last; as also Counsel to answer their Objections on the stated Question; "Whether a Peer of Scotland, claiming to sit in the House of Peers, by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who now sits in the Parliament of Great Britain, had a Right to vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament?"

And, after long Debate thereupon,

This Question was put, "That a Peer of Scotland, "claiming to sit in the House of Peers by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who now sits in the Parliament of Great Britain, had a Right to vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament?"

It was Resolved in the Negative.

"It is Resolved and Declared, by the Lords Spiritual and Temporal in Parliament assembled, That a Peer of Scotland, claiming to sit in the House of Peers by virtue of a Patent passed under the Great Seal of Great Britain after the Union, and who now sits in the Parliament of Great Britain, had no Right to vote in the Election of the Sixteen Peers who are to represent the Peers of Scotland in Parliament."

St. Martin et al. Naturalization.

Upon reading the Petition of John St. Martin and others; shewing, "That the Petitioners being born out of Her Majesty's Allegiance, but professing the true Protestant Religion;" and praying, "That they may be added to a Bill of Naturalization now depending in this House:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners may be added to the Bill of Naturalization, according to the Prayer of the said Petition.

Penne's Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for further enabling George Penne Esquire to sell Lands, for Payment of his Debts, by enlarging a Trust for that Purpose, contained in a former Act, intituled, "An Act for enabling George Penne Esquire to sell Lands, for the Payment of his Debts, and other Purposes therein mentioned."

Marquis of Annandale et al. Petitions about the Election of Peers in Scotland.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, at Eleven a Clock, this House shall proceed further upon the Report made 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 Session from Scotland.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, vicesimum secundum diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.