Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 18: 3 February 1709', in Journal of the House of Lords: Volume 18, 1705-1709, (London, 1767-1830) pp. 626-627. British History Online https://www.british-history.ac.uk/lords-jrnl/vol18/pp626-627 [accessed 4 May 2024]
In this section
DIE Jovis, 3 Februarii.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Lords take the Oaths.
This Day William Marquis of Annandale, William Lord North and Grey, and John Lord Ashburnham, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Return of the Sixteen Peers amended.
The Clerk of the Crown being sick; his Deputy attended, and, according to Order, amended the Return of the Sixteen Peers from Scotland, by razing out the Marquis of Lothian, and inserting the Marquis of Annandale.
Abp. of York & al. Pet. referred to Judges.
Upon reading the Petition of his Grace John Lord Archbishop of York, his Grace John Duke of Newcastle, Sir George Saville Baronet, and William Pennington Esquire; praying Leave to bring in a Bill, to vest a Close, called The Vicar's Close, and now divided into Two Closes, lying in Haughton, in the Parish of Waterby, in the County of Nottingham, containing, by Estimation, Seventeen Acres and Fifteen Perches, in the Duke of Newcastle and his Heirs, in Lieu of a Rent of Ten Pounds per Ann. to be paid as in the Petition is expressed, which will be for the Advantage of William Pennington, in whose Possession the Close now is:
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 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.
Bp. of Chichester & al. Pet. referred to Judges.
Upon reading the Petition of John Lord Bishop of Chichester, Charles Bream and Humphry Ambler Gentlemen; praying Leave to bring in a Bill, to enable the Lord Bishop of Chichester to grant new Leases of his Estate in and near Chancery Lane, belonging to his Bishopric, and may have further Time for performing the same than is given by the former Act, as in the Petition is set forth:
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 Dormer and Mr. Baron Lovell; 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.
Sir N. Sherborne versus Hitch, in Error.
Whereas there is a Writ of Error depending in this House wherein Sir Nicholas Sherborne is Plaintiff, and Robert Hitch Defendant: It being this Day moved, by the Consent of both Parties, "That a Day may be appointed for hearing the Errors argued thereupon:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on Monday the One and Twentieth Day of this Instant February, at Eleven a Clock in the Forenoon.
Attorney General versus Crofts & al.
Upon reading the Judgement of this House, the Four and Twentieth of January last, made after hearing the Cause upon the Appeal of Her Majesty's Attorney General, and the Answer of Roger Crofts and others put in thereunto:
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That on Monday next, at Eleven a Clock, this House will hear One Counsel on either Side, as to this Point only; (videlicet,) "From what Time the Mortgagee ought to be charged with the Profits of the Estate in Question."
L. Gormonston's Pet. referred to Judges.
Upon reading the Petition of Anthony Preston Esquire, commonly called Lord Viscount Gormonston in the Kingdom of Ireland; praying Leave to bring in a Bill, to enable the Petitioner, or his Trustees, to raise the Sum of Five Thousand Pounds, by Sale or Mortgage of a competent Part of his Estate in Ireland, as in the Petition is set forth:
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 Powis and Mr. Justice Blencowe; 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.
List of Papers relating to the late intended Invasion of Scotland.
The Earl of Sunderland, by Her Majesty's Command, pursuant to the Address of this House of the Twelfth of January last, laid before their Lordships several Bundles of Papers, relating to the intended Invasion on Scotland, with a general List thereof.
The Title of each Bundle being read, as follows; (videlicet,)
"A List of all the Papers relating to the late intended Invasion.
"Papers from my Lord Sunderland's Office.
"A. Letters and Papers, containing an Account of Advices received of the late intended Invasion, and of the Orders given thereupon, of the Preparations made to prevent it, and the Proceedings of our Fleet and Land Forces, 1707/8.
"B. Letters from the Earl of Sunderland, relating to the bringing of Forces from Ireland to North Britain, at the Time of the late intended Invasion, and Orders for disarming Papists in Ireland, 1707/8.
"C. Advices of the Enemy's Naval Preparations in order to the late intended Invasion, transmitted from the Earl of Sunderland's Office to the Admiralty, 1707/8.
"D. Accounts transmitted by Mr. Burchet to the Earl of Sunderland's Office, of our Sea Preparations for preventing the late intended Invasion, 1707/8.
"E. Copies of Sir George Bing's Letters to the Earl of Sunderland, giving an Account of his Proceedings, 1707/8.
"F. Letters and Papers relating to the late Lord Griffin.
"G. Letters and Papers relating to the Prisoners of State, taken in The Salisbury (except the late Lord Griffin)."
"H. Copies of Letters and Papers relating to the Persons seized in Scotland, at the Time of the late intended Invasion."
"From Mr. Secretary Boyle's Office.
"I. A List of Papers from Mr. Secretary Boyle's Office, containing Advices about the Invasion.
"K. Lists of Copies and Extracts of Letters from Mr. Secretary Boyle to the Earl of Leven, Governor of Edinburgh Castle, and from said Earl to Mr. Secretary Boyle, relating to Persons taken in Custody upon the late intended Invasion."
"Papers from the Council-office.
"L. List of Proceedings in Council, relating to the designed Invasion of North Britain."
"Papers from the Secretaries of State for North Britain.
"M. List of Copies of Letters sent to Scotland, from 25th February 1707/8 to 13th May 1708, inclusive.
"N. List of Letters from severals to the Earls of Mar and Loudoun, from 7 March 1707/8 to 8th May 1708, inclusive."
"O. List of the Journals of Council in Scotland, from 1st March 1707/8 to 29th April 1708, inclusive.
"P. List of Copies of several Papers concerning the Invasion, 1708."
"Papers from the Office of Admiralty.
"Q. Letters and Orders sent from the Admiralty to the Flag and other Officers, 1707/8.
"R. Letters and Advices sent from the Flag and other Officers to the Admiralty, 1707/8."
"From the Office of Ordnance.
"S. Abstract of Orders, Reports, Memorials, Estimates, Minutes, &c. relating to the Fortifications in North Britain, &c.
"T. Abstract of Orders in Council to the Board of Ordnance, and their Reports, &c. relating to the Fortifications in North Britain.
"V. Abstract of Memorials, Estimates, Reports, Remains of Stores, &c. relating to North Britain."
"From the Secretary at War.
"W. Account of the Orders issued from the Office of Her Majesty's Secretary at War, to several Regiments in Great Britain, with their Disposition and Time of Marching, occasioned by the late intended Invasion."
Ordered, That the said Papers do lie on the Table.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.