House of Lords Journal Volume 19
22 January 1711

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History of Parliament Trust

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1767-1830

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'House of Lords Journal Volume 19: 22 January 1711', Journal of the House of Lords: volume 19: 1709-1714 (1767-1830), pp. 198-200. URL: http://www.british-history.ac.uk/report.aspx?compid=29896 Date accessed: 20 October 2014.


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Die Lunæ, 22 Januarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Bangor.
Epus. Carliol.
Epus. Bath & Well.
Epus. Lincoln.
Epus. Landaven.
Epus. Exon.
Epus. Cestr.
Epus. Norwic.
Epus. Asaph.
Epus. Cicestr.
Epus. Bristol.
Epus. Meneven.
Ds. Custos Magni Sigilli.
Comes Rochester, Præses.
Dux Buckingham, Senescallus.
Dux Shrewsbury, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Hamilton.
Dux Atholl.
Dux Dover.
Dux Kent.
March. Lindsey, Magnus Camerarius.
March. Dorchester.
March. Annandale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk & Bindon.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesea.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Holdernesse.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Marischall.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Loudoun.
Comes Northesk.
Comes Orkney.
Comes Roseberrie.
Comes I'lay.
Viscount Hereford.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Kilsyth.
Ds. Dartmouth.
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley Str.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Stawell.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Hervey.
Ds. Cowper.
Ds. Pelham.
Ds. Balmerino.
Ds. Blantyre.

PRAYERS.

Visc. Hereford takes the Oaths.

This Day Price Lord Viscount Hereford took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Mason versus Reginam, in Error.

Upon reading the Petition of Colonel Baldwin Leighton; shewing, "That there is a Writ of Error depending in this House, relating to the Prison of The Fleet, wherein Gawen Mason is Plaintiff, and the Attorney General, on Behalf of the Queen, Defendant, whereupon Errors are assigned, and Issue joined;" and praying a Day for hearing the said Errors argued:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Wednesday the One and Thirtieth Day of this Instant January, at Eleven a Clock.

Lists of Effective Men in Spain and Portugal.

The Lord Dartmouth (by Her Majesty's Command) pursuant to the Address of Wednesday last, delivered several Papers, intituled as follows:

1. "Copy of the Earl of Gallway's Letter, about the Effective Numbers in Portugal.

2. "A List of the Effective Numbers of Her Majesty's Forces in Spain, some few Days before the Battle of Almanza, in the Month of April 1707.

3. "An Account of the Numbers of Effective Men in Her Majesty's Pay in Spain, in the Years 1708, 1709, and 1710, as far as any Returns have been yet made from thence."

Ordered, That the said Papers be referred to the Committee of the whole House, appointed to take into further Consideration the present State of the War in Spain.

E. Gallway sick.

The House was informed, "That the Earl of Gallway is so very ill, that he cannot possibly attend the House, as ordered."

E. Berks Petition referred to Judges.

Upon reading the Petition of Henry Bowes Earl of Berkshire; praying Leave to bring in a Bill, for Sale of the Inheritance of the Manors or Lordships of Hankerton, Charleton, and other Lands, Tenements, and Hereditaments, in the County of Wilts; and also the Manor of Reaversby, and other his Lands and Tenements, in the County of Lincoln, in the Petition mentioned, for discharging Ten Thousand Pounds, and other his Debts, upon settling an Estate in the County of Stafford to such Uses, Trusts, Intents, and Purposes, as by the said Bill shall be directed and appointed:

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 Baron of Her Majesty's Court of Exchequer and Mr. Justice Powys; 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.

Pooler's Petition referred to Judges.

Upon reading the Petition of Humphry Pooler and Phebe his Wife, and of John Parry Clerk, and Edward Theobald, Executors and Trustees of the Will of Theobald Pysing, deceased, for themselves and for Eleanor Pooler an Infant, Grand-daughter of the said Humphry Pooler and Theobald Pysing; and also of Nathaniel Huthnance and others, Assignees of the Estates of the said Humphry and Heames Pooler deceased, both Bankrupts, on Behalf of the Creditors of the said Humphry and Heames; shewing, "That Humphry Pooler, by Indenture, dated the Tenth of February One Thousand Seven Hundred and Two, and Fine, did mortgage a Farm and several Messuages and Lands in Hartlebury, in the County of Worcester, and all other his Lands and Hereditaments in Hartlebury aforesaid, of the Yearly Value of Eighty-six Pounds, to Richard Acton, for Five Hundred Years, redeemable on Payment of Five Hundred Pounds; and the said Mortgage is now vested in Nicholas Purse, for securing Eight Hundred Pounds and Interest, still due; that a Commission of Bankrupt hath been awarded against the said Humphry and Heames; and the acting Commissioners therein did, by Indenture enrolled, convey their Right and Interest in the said mortgaged Premises unto the Petitioner Nathaniel Huthnance and others, in Trust, for the Creditors of the said Humphry and Heames;" and praying Leave to bring in a Bill, for Sale of the said Estate in Hartlebury, for the Purposes in the Petition set forth (which cannot be made without an Act of Parliament, by reason of the Infancy of the said Eleanor):

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 Blencowe and Mr. Justice Tracy; 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.

Estimate of the Army, and Numbers of Effective Men in Spain and Portugal.

Mr. Wright, from the Secretary at War, (by Her Majesty's Command) delivered, at the Bar, a Book, intituled as follows:

1. "An Account of the Effective Numbers of the Forces in Spain and Portugal, from the Year 1705;" as also, a Book, intituled,

2. "Estimates of all the Forces in Her Majesty's Pay for the Year 1707, pursuant to an Order of the Fifteenth Instant."

Ordered, That the said Account and Estimates be referred to the Committee of the whole House, appointed to take into further Consideration the present State of the War in Spain.

State of the War in Spain:

Then the House (according to Order) was adjourned during Pleasure, and put into the said Committee.

And, after some Time spent therein, the House was resumed.

And the Earl of Abingdon reported, "That it was the Opinion of the Committee, That the House be moved, That it be referred to a Select Committee, to inquire what were the Number of Effective Men in Spain at the Time of the Battle of Almanza; what was the Establishment in Spain; and what Men were wanting, and the Reasons thereof."

To which the House agreed, and appointed the Committee following; (videlicet,)

Number of Effective Men at the Battle of Almanza, Committee to inquire into.

Lords Committees appointed to inquire what were the Number of Effective Men in Spain at the Time of the Battle of Almanza; what was the Establishment in Spain; and what Men were wanting, and the Reasons thereof; whose Lordships have Power to send for Persons, Papers, and Records; and are to report to the House.

Comes Rochester, Præses.
Dux Buckingham, Senescallus.
Dux Shrewsbury, Camerarius.
Dux Richmond.
Dux Grafton.
Dux Ormonde.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Bedford.
Dux Devon.
Dux Marlborough.
Dux Hamilton.
Dux Atholl.
Dux Dover.
Dux Kent.
March. Lindsey, Magnus Camerarius.
March. Dorchester.
March. Annandale.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk & Bindon.
Comes Dorset & Midd'x.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Denbigh.
Comes Westmorland.
Comes Berks.
Comes Rivers.
Comes Stamford.
Comes Winchilsea.
Comes Thanet.
Comes Sunderland.
Comes Scarsdale.
Comes Clarendon.
Comes Cardigan.
Comes Anglesea.
Comes Yarmouth.
Comes Nottingham.
Comes Abingdon.
Comes Holderness.
Comes Plimouth.
Comes Portland.
Comes Scarbrough.
Comes Orford.
Comes Jersey.
Comes Grantham.
Comes Greenwich.
Comes Wharton.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Marischall.
Comes Mar.
Comes Eglintoun.
Comes Home.
Comes Loudoun.
Comes Northesk.
Comes Orkney.
Comes Roseberrie.
Comes I'lay.
Viscount Hereford.
Viscount Say & Seale.
Viscount Weymouth.
Viscount Kilsyth.
Arch. Ebor.
Epus. Winton.
Epus. Roffen.
Epus. Sarum.
Epus. Lich. & Cov.
Epus. Eliens.
Epus. Petriburg.
Epus. Bangor.
Epus. Carliol.
Epus. Bath & Well.
Epus. Lincoln.
Epus. Landaven.
Epus. Exon.
Epus. Cestr.
Epus. Norwic.
Epus. Asaph.
Epus. Cicestr.
Epus. Bristol.
Epus. Meneven.
Ds. Dartmouth.
Ds. Delawar.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Hunsdon.
Ds. Mohun.
Ds. Byron.
Ds. Rockingham.
Ds. Lexington.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Craven.
Ds. Ossulstone.
Ds. Stawell.
Ds. Guilford.
Ds. Weston.
Ds. Herbert.
Ds. Haversham.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.
Ds. Hervey.
Ds. Cowper.
Ds. Pelham.
Ds. Balmerino.
Ds. Blantyre.

Their Lordships, or any Five of them; to meet To-morrow, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers and to adjourn as they please.

State of the War in Spain.

Ordered, That on Wednesday next, at Twelve a Clock, this House shall be put into a Committee again, to take into further Consideration the present State of the War in Spain.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Januarii, hora undecima Auroræ, Dominis sic decernentibus.