Journal of the House of Lords: Volume 17, 1701-1705. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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Anno 2 Annæ Reginæ.
DIE Martis, nono die Novembris, 1703, Anno Regni Serenissimæ Dominæ Annæ, Dei Gratia, Angliæ, Scotiæ, Franc. et Hib'niæ Reginæ, Fidei Defensoris, &c. Secundo; in quem diem præsens (fn. 1) hæc Secunda Sessio Parliamenti prorogata fuerat, in Superiori Parliamenti Domo, apud Westmonaster. convenere Domini tam Spirituales quam Temporales, quorum Nomina subscribuntur, et præsentes fuerunt:
Her Majesty, being seated on Her Royal Throne, adorned with Her Crown and Regal Ornaments, attended with Her Officers of State, the Peers being also in their Robes, commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is Her Majesty's Pleasure, that they attend Her presently, in the House of Peers."
Her Majesty's Speech.
"I have called you together, as soon as I thought you could conveniently come out of your Countries, that no Time might be lost in making our Preparations for carrying on the present War; in which I do not doubt of your chearful Concurrence, since you cannot but be sensible, that on the Success of it depends our own Safety and Happiness, and that of all Europe.
"I hope I have improved the Confidence you reposed in Me last Year, to your Satisfaction, and the Advantage of us and our Allies, by the Treaty with the King of Portugal, and the Declaration of the Duke of Savoy; which, in great Measure, may be imputed to the Chearfulness with which you supported Me in this War, and the Assurance with which you trusted Me in the Conduct of it: And we cannot sufficiently acknowledge the Goodness of Almighty God, who is pleased to afford us so fair a Prospect, as we now have, of bringing it to a glorious and speedy Conclusion.
"I must therefore desire you, Gentlemen of the House of Commons, to grant Me such Supplies as shall be requisite to defray the necessary Charge of the War in the next Year, with regard, not only to all our former Engagements, but particularly to our Alliance lately made with the King of Portugal, for recovering the Monarchy of Spain from the House of Bourbon, and restoring it to the House of Austria; which Treaty, being in itself of the highest Importance imaginable, and requiring all possible Dispatch in the Execution of it, has necessarily occasioned a great Expence even in this present Year, though not so much as it will require, and for which, I hope, we shall be amply recompensed, in the next.
"I must take Notice to you, that, though no particular Provision was made in the last Session, either for the Charge of our present Expedition to Portugal, or for that of the Augmentation Troops desired by The States General; yet the (fn. 2) Funds given by Parliament have held out so well, and the Produce of the Prizes has proved so considerable, that you will find the Public will not be in Debt, by reason of either of those additional Services.
"I may further observe to you, that, though the (fn. 2) Funds for the Civil Government are diminished by the War, I have, in Conjunction with The States General, contributed out of My own Revenue towards some Public Services, and particularly the Support of the Circle of Suabia, whose firm Adherence to the Interest of the Allies, under the greatest Pressures, did very well deserve our seasonable Assistance; and I shall still be careful not to engage Myself in any unnecessary Expence of My own, that I may have the more to spare towards the Ease of My Subjects.
"I must also recommend to you to make some Regulation, for preventing the excessive Price of Coals. I have examined this Matter, and taken particular Care to appoint Convoys for that Service; but the Price has not been in the least abated, notwithstanding a very considerable Quantity has been imported since that Time. This gives great Ground of Suspicion, there may be a Combination of some Persons, to enrich themselves by a general Oppression of others, and particularly the Poor: It will deserve your Consideration, how to remedy this great Inconvenience.
"And, in all your Affairs, I must recommend to you as much Dispatch as the Nature of them will admit. This is necessary, to make our Preparations early; on which, in great Measure, depends the good Success of all our Enterprizes.
"I want Words to express to you My earnest Desires of seeing all My Subjects in perfect Peace and Union among themselves: I have nothing so much at Heart, as their general Welfare and Happiness. Let Me therefore desire you all, that you would carefully avoid any Heats and Divisions, that may disappoint Me of that Satisfaction, and give Encouragement to the common Enemies of our Church and State."
Lord Howard of Ess. takes his Seat.
Lord Willoughby of P. takes the Oaths.
And then the said Lord Howard of Effingham and Hugh Lord Willughby of Parham took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.
Queen's Speech to be considered.
Whereupon it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That Her Majesty's most Gracious Speech, made this Day to both Houses of Parliament, shall be taken into Consideration To-morrow, at Eleven a Clock; and all the Lords summoned to attend.
Surveyor General to attend.
Committee for the Journal.
Lords Sub-committees appointed to consider of the Orders and Customs of the House, and Privileges of the Peers of this Kingdom and Lords of Parliament; and to peruse and perfect the Journal of the last Parliament, and also the Journal of this Parliament.
Ld. Mohun versus D. Hamilton.
Upon reading the Petition and Appeal of Charles Lord Mohun, Executor of the last Will and Testament of the Right Honourable Charles Earl of Maclesfeld, deceased, who was Executor of the last Will and Testament of the Right Honourable Elizabeth Lady Gerrard, deceased, who was Widow of Digby Lord Gerrard, deceased, from a Decree made in the Court of Chancery, the Seven and Twentieth Day of January One Thousand Seven Hundred and Two, and the subsequent Orders thereupon, in a Cause wherein James Duke of Hamilton, and Elizabeth Dutchess of Hamilton his Wife, Daughter and Heir of the said Digby Lord Gerrard by the said Elizabeth Lady Gerrard were Plaintiffs, and the now Appeallant Defendant; and praying, "That the said Decree, and all subsequent Orders and Proceedings, may be reversed; and that the Service of the Respondents Clerk in Chancery may be a good Service, in order to answer the said Appeal:"
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said James Duke of Hamilton and Elizabeth Dutchess of Hamilton his Wife, may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answer thereunto, in Writing, on Friday the Nineteenth Day of this Instant November, at Eleven a Clock in the Forenoon; and that the Service of this Order upon the Respondents Clerk in Chancery shall be a good Service in order thereunto.
Spencer et al. versus Conold et al.
Upon reading the Petition and Appeal of Edward Spencer and Robert Sprakling, against Two Decrees of the Court of Exchequer, made the Nine and Twentieth Day of June last; One of them, in a Cause wherein Edward Spencer Gentleman was Plaintiff, and Sir James Collet Knight and John Conold Clerk were Defendants; and the other, in a Cause wherein the said John Conold was Plaintiff, and the Petitioner Sprakling Defendant; and praying the Reversal of the said Decrees; and that Proceedings may be stayed in the Court below:
It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Sir James Collet and John Conold may have a Copy of the said Appeal; and shall and they are hereby required to put in their Answers thereunto, in Writing, on Tuesday the Three and Twentieth Day of this Instant November, at Eleven a Clock in the Forenoon; and that, in the mean Time, all Proceedings in the Court below shall be stayed.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, (videlicet,) decimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.