House of Lords Journal Volume 18: 4 February 1708

DIE Mercurii, 4 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. Montagu takes the Oaths.

This Day Ralph Duke of Montagu took the Oaths of Allegiance and Supremacy, and the Oath of Abjuration, and also made and subscribed the Declaration, pursuant to the Statutes.

Warner et al. versus Hawes.

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Cause wherein Anne Warner Widow and others are Appellants, and Thomas Hawes and others Respondents, on the Fourteenth Day of this Instant February, at Eleven a Clock.

Plymouth Workhouse Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for erecting a Workhouse in the Town and Borough of Plimouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there."

Ordered, That the Consideration of the said Bill be committed to the Lords following; (videlicet,)

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

Baggard et al. Petition referred to Judges.

Upon reading the Petition of James Baggard Gentleman and Elizabeth his Wife, Daughter of Peter Elton, and also of John Elton Son of the said Peter Elton, and Mary Bosleman, Widow, Mother of the said James Baggard; praying Leave to bring in a Bill, to enable the Petitioners to sell the Estate in the Petition mentioned, for Payment of their Debts and Incumbrances; and to vest the Remainder of the Money arising by such Sale in Trustees, for the Benefit of the Petitioner James Baggard and his Wife, and their Issue in case they shall have any:

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. Baron Price and Mr. Justice Dormer; 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.

Baker et al. Petition referred to Judges.

Upon reading the Petition of Margaret Baker Widow and Relict of Robert Baker Esquire, deceased, and of Thomas Bence Clerk and Margaret his Wife, One of the Daughters and Coheirs of the said Robert Baker, on Behalf of themselves and Four other Daughters and Coheirs of the said Robert Baker, being Infants; praying Leave to bring in a Bill, for the immediate Sale of the Estate in the Bill mentioned, for Payment of the Debts of the said Robert Baker, and of the Legacies to the Petitioners:

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 Powys and Mr. Justice Blencowe; 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.

Thresher et al. Petition referred to Judges.

Upon reading the Petition of Samuel Thresher, of Billerecay, in the County of Essex, Gentleman, and Samuel and Francis Thresher (his Sons, Infants,) by Abraham Thresher their Uncle and Guardian, Nicholas Tesmond Gentleman and Hannah his Wife, John Thresher Gentleman, Ursula Thresher Widow, and George Aster Esquire; praying Leave to bring in a Bill, for the Security of such Purchaser or Mortgagee as shall advance Money upon the Estate in the Petition mentioned; and that the Estate may be vested in Trustees for that Purpose:

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 Trecy 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, 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.

Cupper et al. Petition referred to Judges.

Upon reading the Petition of John Cupper Senior and Lucy his Wife, John Cupper Junior and Elizabeth his Wife, John Botevyle, Andrew Cupper, and Susanna Charles; praying Leave to bring in a Bill, for Sale of the Estate in the Petition mentioned, for Payment of the Debts of them the said John Cupper the Elder and John Cupper the Younger; and for making such a Provision for the Wife and Children of the said John Cupper the Younger, by and out of the Three Hundred Pounds Overplus of the Purchase-money, as in and by the Deed of Trust in the Petition mentioned is declared, or otherwise, as this House shall think fit:

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 Gould and Mr. Baron Bury; 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.

Bromley's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act for making effectual the Provision intended by William Bromley, late of Holt Castle, in the County of Worcester, Esquire, for Dorothy Bromley his Youngest Daughter."

Ordered, That the Consideration of the said Bill be referred to the same Committee to whom the Bill, intituled, "An Act for erecting a Workhouse in the Town and Borough of Plimouth, in the County of Devon; and for setting the Poor on Work, and maintaining them there," stands committed.

Their Lordships, or any Five of them; to meet on Thursday the Nineteenth Day of this Instant February, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Papers delivered by the E. of Peterborow.

The Earl of Peterborow delivered in several Papers; the Titles whereof were read, as follow; (videlicet,)

1st Bundle.

"1. Translation of the King's Letter, of the 2d September, 1705.

"2. Translation of all from the King of Spain to my Lord Peterborow, of the 30th March, 1706."

"3. Translation, Copy of a Letter from the King of Spain, from Valentia, October the 11th, 1706."

"The Ratification of the Earl of Peterborow's Powers from the King of Spain, January 27th, 1706."

"5. The King of Spain's Instrument for negociating for £. 100,000. August 10th, 1706."

"6. Extract out of the Instructions given the Earl of Peterborow by the King of Spain, to be executed in his Voyage to Italy."

"7. Extract of a Letter from the King of Spain to my Lord Peterborow, July 10th, 1706."

"8. Instrument of the King of Spain, 4th Februarii, 1706/7;."

2d Bundle.

"1. Extracts out of several Letters writ by General Windham to the Earl of Peterborow."

"2. Copy of a Letter from the Earl of Peterborow to General Windham, 8th June, O. S. 1706."

"3. A Copy of my Lord Peterborow's Letter to General Windham, 17th July, 1706."

"4. Copy of Two Letters writ by the Earl of Peterborow to General Windham, (fn. 1) 23/14; July, 1706."

"5. Copy of a Letter writ to my Lord Godolphin, from Lisbon."

"6. Translation of Zinzerling's Letters to the Earl of Peterborow."

"7. Extract out of the Portugal Ambassador's, of the 29th June, 1706."

Ordered, That the said Papers be referred to the Committee of the whole House, appointed to sit this Day.

Ld. Shannon, et al. Members of Councils of War in Spain to attend.

Whereas it appears, by the several Councils of War delivered into this House, by Her Majesty's Command, relating to the War in Spain, that the Lord Viscount Shanon, the Lord Viscount Charlemont, Admiral Leeke, John Norris Esquire, Major General Cunningham, Colonel Charles Willis, Colonel Hans Hamilton, and Brigadier Stanhope, were at some or all of the said Councils of War:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That so many of the Persons above named as are now in Town do attend this House To-morrow, at Ten a Clock, to be sworn, in order to be examined by the Committee of the whole House, appointed to consider of the State of the Nation, in Relation to the War in Spain, and the Papers relating thereunto.

War in Spain.

The House (pursuant to Order) was adjourned during Pleasure, and put into a Committee again, to proceed further in Consideration of the State of the Nation, in relation to the War in Spain, and the Papers relating thereunto.

After some Time, the House was resumed.

And the Lord Herbert reported, "That the Committee of the whole House had made some further Progress in the Matters to them referred; and desired another Time, may be appointed for the House to be in a Committee to proceed therein:"

It is thereupon Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That To-morrow, next after the Business appointed for the Day, this House shall be put into a Committee again, to proceed further in Consideration of the State of the Nation, in relation to the War in Spain, and the Papers referred to the said Committee relating thereunto.

Adjourn.

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