Journal of the House of Lords: Volume 18, 1705-1709. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
DIE Mercurii, 4 Decembris.
England et al. Creditors of the late Ld. Lovelace versus Sir Henry Johnson.
Upon reading the Petition of John England, on Behalf of himself and others the Creditors of the late Lord Lovelace, and of Richard Nevill Esquire, and John Radford, on Behalf of themselves and others, the Executors and Legatees of his Lordship's last Will, and Henry Grey Esquire, and Henry Fane Gentleman, Residuary Legatees of the said Will; shewing, "That the Petitioners, last Session of Parliament, (videlicet,) the Eighth Day of November One Thousand Seven Hundred and Five, exhibited their Petition and Appeal before this House, against Part of several Decrees and Orders made in Chancery, in a Cause there depending, between Daniel Blake, and the Petitioners John England and others, Creditors of the late Lord Lovelace Plaintiffs, and Sir Henry Johnson Knight and others Defendants; and in another Cause, wherein the said Richard Nevill, John Radford, and others, Executors and Legatees of the said Will, were Plaintiffs, and the said Sir Henry Johnson and others Defendants; to which the Respondents have not answered;" and praying, "That the said Petition and Appeal may be revived, and a Day appointed for the Respondents to answer the same."
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal of Daniel Blake, John England, and others, the Creditors of the late Lord Lovelace, against Sir Henry Johnson and Martha Baroness of Wentworth his Wife, shall be, and is hereby, revived; and that Sir Henry Johnson and his said Wife have Time to answer to the said Appeal, in Writing, until Wednesday the Eighteenth Day of this Instant December, at Eleven a Clock in the Forenoon; and that the Service of this Order upon their Clerk in Chancery shall be good Service, in order thereunto.
Randolph versus Brockman.
Upon reading the Petition and Appeal of Herbert Randolph, of the City of Canterbury, Esquire, from an Order or Decree of the Court of Exchequer, the Fif teenth Day of November One Thousand Seven Hundred and Five, on the Behalf of William Brockman Esquire; and praying, "That the said Decretal Order, and all Proceedings subsequent thereunto, may be reversed; and Mr. Brockman's Bill in the Court of Exchequer may be dismissed; with Costs:"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the said William Brockman may have a Copy of the said Appeal; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Wednesday the Eighteenth Day of this Instant December, at Ten a Clock in the Forenoon.
Report of Address.
"We, Your Majesty's most dutiful and obedient Subjects, the Lords Spiritual and Temporal in Parliament assembled, with Hearts full of Joy, beg Leave to congratulate Your Majesty, upon Occasion of the Many great Successes obtained by Your Majesty's Arms, and those of Your Allies, in all Places, during this wonderful Year. We could not hope for any Thing more glorious, than the opening the Campaign by the evermemorable Victory gained at Ramellies, under the Command of Your Majesty's wife and valiant General the Duke of Marlborough; and nothing could be more seasonable, at the Close of the Campaign, than the compleat Victory gained by the Duke of Savoy and Prince Eugene, before the Walls of Turin. The illustrious Consequences of those Two Battles made it impossible for Your Enemies to disguise their Losses; and demonstrated to the World, that never any Generals better understood how to make Use of their Success. And if we, Your Majesty's Subjects, should not do all that lies in our Power, towards improving the Advantages which the Divine Providence has given to Your Majesty and Your Allies; we should shew ourselves unthankful to God, inexcusable to Your Majesty, and manifestly wanting to our Country, and the common Cause of Europe.
"We cannot sufficiently express the universal Pleasure and Satisfaction of Your People, upon the public Declaration which Your Majesty, in Concert with The States General, made to the Ministers of the other Consederate Princes, "That no Negotiations of Peace should be entered into, but in Conjunction with all the Members of the Grand Alliance." This generous Method will prevent the indirect and dangerous Practices of the common Enemy, will put a Stop to clandestine and corrupt Transactions; and must not only remove all present Jealousies from the Allies, but create in them a lasting Confidence and Reliance on Your Honour and Justice.
"Your Majesty's Example, and that of The States General, ought to inspire all the other Allies with a noble Emulation of acting with the like Vigour. If any of them have been failing for the Time past, we hope Your Majesty will find proper Means to let them see, that the only right Amends they can make to the Cause of Liberty, is by doubling their Efforts at this important Conjuncture.
"This will be the true Way to obtain such a Peace as all good Men desire; which may secure to Your Majesty's Subjects the Protestant Succession, and all the Advantages of Trade and Commerce; may restore the whole Monarchy of Spain to King Charles the Third; may fix such a Barrier for The States General (in whose Security we must always think the Interest of England is engaged) as may be to their just Satissaction; and may procure such Terms and Conditions for all the Allies, as may be just, safe, and honourable; such a Peace as may be durable and lasting, by reducing effectually the exorbitant Power of a Prince, whose restless Ambition nothing could satisfy, and who has always despised the Obligations of the most sacred Leagues and Treaties.
"We cannot omit to make our most thankful Acknowledgements, of our universal Happiness under Your just and mild Government; of your true Zeal for the Safety and Honour of the Church of England; of your great Care for the due Administration of Justice, and Your tender Regard for the Properties and Liberties of Your People; but, in a particular Manner, we must own, with all Gratitude, Your Majesty's Wisdom and Foresight, as well as Your Goodness, in Your Royal Endeavours, to bring to pass an entire and compleat Union of Your Two Kingdoms of England and Scotland. May God Almighty make these Your glorious Designs successfull and may Your Majesty long reign over us, to see the happy Fruits of them, in the Safety, Tranquillity, Wealth, Honour; and flourishing Estate, of Your Majesty's united People!"
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do attend Her Majesty, humbly to know when Her Majesty will please to be attended, with the Address of this House agreed to this Day.
Thanks of the House to be given to the D. of Marlborough.
It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Thanks of this House shall be given to his Grace the Duke of Marlborough, for his great and eminent Services in the last Campaign; and that the Lord Keeper of the Great Seal of England do give his Lordship the same, when his Grace is in his Place in this House.
Committee of Privileges.
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 Journals of the last and this Session of Parliament; (videlicet,)
The Lord Chamberlain acquainted the House, "That he had attended Her Majesty, pursuant to Order; and that Her Majesty was pleased to appoint To-morrow, at Half an Hour after One a Clock, to be attended by this House, with their Address, at St. James's."