House of Lords Journal Volume 18
27 November 1705

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History of Parliament Trust

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1767-1830

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28, 29, 30, 31, 32

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'House of Lords Journal Volume 18: 27 November 1705', Journal of the House of Lords: volume 18: 1705-1709 (1767-1830), pp. 28-32. URL: http://www.british-history.ac.uk/report.aspx?compid=29385 Date accessed: 23 October 2014.


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DIE Martis, 27 Novembris.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cantuar.
Arch. Ebor.
Epus. Wigorn.
Epus. Roffen.
Epus. Exon.
Epus. Sarum.
Epus. Hereford.
Epus. Lich. & Cov.
Epus. Norwic.
Epus. Petriburg.
Epus. Cicestr.
Epus. Oxon.
Epus. Bangor.
Epus. Carliol.
Epus. Bath & Well.
Epus. Asaph.
Epus. Lincoln.
Ds. Custos Magni Sigilli.
Ds. Godolphin, Thesaurarius.
Dux Southampton.
Dux Beaufort.
Dux Northumberland.
Dux Bolton.
Dux Schonburg.
Dux Buckingham.
Comes Bridgewater.
Comes Leicester.
Comes Northampton.
Comes Westmorland.
Comes Manchester.
Comes Stamford.
Comes Winchilsea.
Comes Kingston.
Comes Scarsdale.
Comes Essex.
Comes Anglesey.
Comes Sussex.
Comes Feversham.
Comes Radnor.
Comes Nottingham.
Comes Abingdon.
Comes Holdernesse.
Comes Portland.
Comes Bradford.
Comes Orford.
Comes Jersey.
Comes Grantham.
Viscount Weymouth.
Ds. Lawarr.
Ds. Ferrers.
Ds. Pagett.
Ds. Howard Eff.
Ds. North & Grey.
Ds. Grey W.
Ds. Poulett.
Ds. Mohun.
Ds. Byron.
Ds. Vaughan.
Ds. Culpeper.
Ds. Rockingham.
Ds. Berkeley Str.
Ds. Osborne.
Ds. Ossulstone.
Ds. Dartmouth.
Ds. Guilford.
Ds. Cholmondeley.
Ds. Weston.
Ds. Herbert.
Ds. Havershem.
Ds. Sommers.
Ds. Halifax.
Ds. Gernsey.
Ds. Conway.

PRAYERS.

Lords take the Oaths.

This Day Robert Earl of Holderness and Charles Lord Ossulstone took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Crome, Leave for a Bill.

Upon reading the Petition of Valentine Crome Gentleman; praying Leave to bring in a Bill, to vest the Manor of Maiden Early and Wards, with their Appurtenances, in the County of Berks, in Trustees, to be sold, for Payment of the Petitioner's and his Father's Debts; and making Provision for his Mother, self, and Brother:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave to bring in a Bill, as desired.

Vanhoven versus Giesque.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Isaac Vanhoven is Appellant, and Mathias Giesque Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Wednesday the Fifth Day of December next, at Eleven a Clock in the Forenoon.

Gage versus Litter.

The House being moved, "That a Day may be appointed, for hearing of the Cause wherein Henry Gage is Appellant, and Elizabeth Lister Widow Respondent:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the said Cause, by Counsel, at the Bar, on Thursday the Sixth Day of December next, at Eleven a Clock.

Cole versus Rawlinson, in Error.

Upon reading the Petition of Robert Dix; praying a Day may be appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein Richard Cole is Plaintiff, and Daniel Rawlinson and John Linger are Defendants:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued thereupon, on Friday the Seventh Day of December next, at Eleven a Clock.

Address to the Queen, to maintain a good Correspondence with the Allies:

The Earl of Kingston reported from the Lords Committees, the Address drawn by them.

Which was read, as followeth; (videlicet,)

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, being justly alarmed by the many Artifices which the Emissaries of France have put in Practice this last Year, in order to raise Jealousies and create Misunderstandings amongst the Allies engaged in this necessary War for the Support of the Liberties of Europe; and being apprehensive lest such malicious Insinuations, if they should pass unobserved, might in Time so far take Place, as to abate the Spirit and slacken the Zeal of the Confederacy; do most humbly beseech Your Majesty to use all possible Endeavours to preserve a good Correspondence amongst all the Confederates, and in a most particular Manner to maintain and cultivate a strict Friendship with The States General of the United Provinces: And we most humbly entreat Your Majesty, that as, in Your own Way of acting, You have set before Your Allies a great and noble Example, so You would be graciously pleased, by all other proper Means, to excite the whole Confederacy to make early and effectual Preparations, and to exert their utmost Vigour, in the Prosecution of the War against France."

To which the House agreed.

And Ordered, That the said Address be communicated to the Commons, for their Concurrence.

Message to H. C. with it.

Then, A Message was sent to the House of Commons, by Mr. Justice Powys and Mr. Justice Gould:

To carry down the said Address, and desire their Concurrence to it.

Marbury & al. versus Torbuck; Earl Rivers made a Party.

Upon reading the Petition of Richard Earl Rivers; shewing, "That Katherine Marbury, Benjamin Woodroffe "Doctor in Divinity, and Mary his Wife, Gilbert Thacker Esquire, and Elizabeth his Wife, Sisters and Co-heirs of William and Richard Marbury deceased, have lately presented their Appeal to this House, thereby seeking to reverse a Decree made in the Court of Chancery, the Eight and Twentieth Day of August One Thousand Seven Hundred and One, whereby the Estates of the said William Marbury, in the County of Chester, were decreed to be sold to the best Purchaser; that, after several Biddings before the Master appointed by the said Decree, and after divers Years, (videlicet) on the Eighth Day of June last, the Petitioner was, by Decreee of the said Court of Chancery, allowed Purchaser of the said Estates at Nineteen Thousand Pounds, and has paid his Purchase-money; and the Petitioner not knowing how far the Creditors of William and Richard Marbury may collude with the Appellants, in making of a feigned Defence to the said Appeal, in order to overthrow the said Decrees, and thereby defeat the Petitioner's said Purchase, or whether the said Appeal be not intended to put a Stop to the Petitioner's Proceedings in the said Court, to compel Conveyances to be made to him of the Estates by the said Parties;" and praying, "That he may be allowed to be a Party to defend the said Appeal in this House, he being a Purchaser under the said Decree, and the principal Person concerned in Interest to defend the same; and that the Appellants may proceed thereupon with Effect against the said Creditors; or, in Default thereof, the Appeal to be dismissed:"

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Earl Rivers may have a Copy of the said Appeal; and he is hereby allowed to make his Defence against the same, by his Counsel, at the Bar of this House, and put in his Answer thereunto, if he think sit; he being a Purchaser of the Estate in Question under the said Decree, and the principal Person concerned in Interest to defend the same.

The House was adjourned during Pleasure, to robe.

The House was resumed.

Queen present:

Her Majesty, being arrayed in Her Regal Robes and Crown, attended with Her Officers of State, ascended Her Royal Throne (the Peers being also in their Robes); commanded the Deputy Gentleman Usher of the Black Rod to signify to the Commons, "That it is Her Majesty's Pleasure, they attend Her presently, in the House of Peers."

Who being come, with their Speaker; Her Majesty was pleased to say as followeth; (videlicet,)

Her Speech.

"My Lords, and Gentlemen,

"Having newly received Letters from the King of Spain and the Earl of Peterborow, which contain a very particular Account of our great and happy Successes in Catalonia; and shewing at the same Time the Reasonableness of their being immediately supported; I look upon this to be a Matter of so much Consequence in itself, and so agreeable to you, that I have ordered a Copy of the King of Spain's Letter to Myself, a Letter from the Junta of the Military Arm of Catalonia, and another Letter from the City of Vich, as also an Extract of the Earl of Peterborow's Letter to Me, to be communicated to both Houses of Parliament.

"I recommend the Consideration of them to you, Gentlemen of the House of Commons, very particularly, as the speediest Way to restore the Monarchy of Spain to the House of Austria; and therefore, I assure Myself, you will enable Me to prosecute the Advantages we have gained in the most effectual Manner, and to improve the Opportunity, which God Almighty is pleased to afford us, of putting a prosperous End to the present War.

"My Lords, and Gentlemen,

"I must not lose this Occasion of desiring you to give as much Dispatch to the Matters before you, as the Nature of them will allow, that so our Preparations for next Year may be early, which cannot fail of being of great Advantage to us."

Then Her Majesty was pleased to withdraw; and the Commons returned to their House.

The Lord Keeper reported Her Majesty's Speech, which was afterwards read by the Clerk.

Letters from the King of Spain & al. concerning the Conquest of Catalonia.

Then the Lord Privy Seal, by Her Majesty's Command, laid before the House the several Translations of Letters mentioned in Her Speech.

Which were read, and are as follow; (videlicet,)

"Translation of the King of Spain's Letter to Her Majesty, 22th October, 1705.

"Madam, My Sister,

"I had not delayed to remind Your Majesty of My sincere Respects, had I not waited for a good Occasion of doing it; which I have now met with, in having the Honour to let You know, that the Town of Barcelona has surrendered to Me by Capitulation. I make no Doubt but You will receive this great News with an entire Satisfaction, as well because this happy Success is but an Effect of Your ever-glorious Arms, as by reason of those kind and tender Sentiments of a Parent, with which You consider Me, and all that may contribute to the Advancement of My Interest.

"I must do this Justice to all Your Officers and Private Soldiers, and in particular to my Lord Peterborow, that he has shown throughout this Expedition a Constancy, Valour, and Conduct, worthy the Choice which Your Majesty has made of him; and that he could not give Me greater Satisfaction than he has done, of the great Zeal and Application which he has equally shewn for My Interest and Service. I owe the same Justice to Your Brigadier General Stanhope, upon account of his great Zeal, Attention, and most prudent Conduct, of which he has given Me Proofs in all Manner of Occasions; as also to all Your Officers of the Fleet, and principally to Your worthy Admiral Shovell; assuring Your Majesty, that he has seconded Me in this Expedition with an inconceivable Readiness and Application, and that no Admiral can ever make Me more Content than he has done. During the Siege of Barcelona, some of Your Majesty's Ships, together with the Troops of the Country, have reduced the Town of Tarragona; and the Officers remained Prisoners of War. Other Troops of the Country at the same Time made themselves Masters of the Town of Girona by a Stratagem. The Town of Lorida has submitted to Me, as has also the Town of Tortosa, on the River Ebro; so that all the Places in Catalonia are taken, except the Town of Roses. Some Places in Arragon not far from Saragosa have declared for Me; and the Castle of Denia in Valentia still holds out, and has repulsed the Enemy. Four Hundred of their Horse have entered into My Service, and a great Number of their Foot have deserted. This, Madam, is the Condition in which Your Arms and the Inclination of the People have placed my Affairs. I need not tell You what puts a Stop to the Course of these Conquests; it is neither the Season nor the Enemy; those are no Obstacles to Your Troops, who desire nothing more than to be in Action under the Conduct they now are. The Taking of Barcelona with so small a Number of Troops is remarkable enough; but few Examples will be found of what has happened in this Siege: Seven or Eight Thousand Men of Your Troops, and Two Thousand Miquelets, have surrounded and invested a Place which Thirty Thousand French were not able to do.

"After a March of Thirteen Hours, they climbed up Rocks and Precipices, to attack a Fortification stronger than the Town, of which the Earl of Peterborow sends You the Plan; and Two Generals entered with the Grenadiers on this Attack with Sword in Hand, where the Prince of Hesse met with a glotious Death, after so many noble Actions; and I hope that his Brother and Family will always have Your Majesty's Protection. With Eight Hundred Men, they forced the covered Way, and all the Intrenchments and Works, One after another, to the last Retreat, against Five Hundred Men of the Troops that guarded the Place, besides the Reinforcement they had received; and in Three Days after, they were Masters of the Place. The Town was attacked under the Castle, and the Cannon and Artillery were again landed with inconceivable Pains and Labour; Two Camps were maintained, and a Communication preserved between them, though near Three Leagues distant from each other, against a Garrison almost as numerous as our Army, and who in Horse were Twice as strong as ourselves. The First Camp was so well intrenched, that it was defended with Two Thousand Men, besides the Dragoons, while the Attack was carried on with the rest; and as soon as a Breach was made, the Disposition was formed for giving the Assault with the whole Army. These, Madam, are Circumstances, that perhaps distinguish this Action from any other.

"There happened another Accident, which was never known before. The Cruelties of the pretended Viceroy, and the Report that he intended to carry away several Prisoners contrary to the Capitulation, had stirred up the Burghers and some of the Country to take Arms. The Garrison, being employed in loading their Baggage, in order to march out the next Day, found themselves in a very great Confusion, and all Things tending to a Slaughter, when Your Majesty's Troops entered the Town with the Earl of Peterborow; and, instead of busying themselves with Plundering, as is usual in such Occasions, they appeased the Disorder, and saved the Town, and even the Lives of their Enemies, with a Discipline and Generosity without Example. Nothing remains, but that I return You My most respectful Thanks, for having sent Me so great a Fleet, and so good and valiant Troops, to assist Me; after such happy Beginnings, I thought it proper, according to the Opinion of Your Generals and Admirals, to maintain in Person the Conquests we have made; and to shew My Subjects, who are so affectionate to My Person, that I cannot abandon them. I receive so great an Assistance from Your Majesty, and Your generous Nation, that I am overcome with Your Goodness, and in the greatest Confusion that I should be the Occasion of so great an Expence for the supporting of My Interest: But, Madam, I give up My own Person, and My Subjects in Catalonia, who expose their Lives and Fortunes upon the Assurances they have of Your generous Protection. Your Majesty and Your Council know better than we what is necessary for our Preservation. We shall wait for Your Majesty's Succours, with an entire Confidence in Your Goodness and Wisdom. It may be seen what Forces are necessary; it may also be seen how great a Diversion we shall give to France. It cannot be doubted but they will make their utmost Efforts against Me as soon as possible; and I doubt not but the same Efforts will be used by My Allies to defend Me. What can be said to You, Madam? Your Goodness gives You the Inclination, and Your Power furnishes You with the Means, to support those whom the Tyranny of France would oppress. All I can suggest to Your Wisdom and that of Your Allies is, that the Forces employed in this Country will not remain useless to the Public Good, but will be under an Obligation and Necessity to act with the utmost Vigour against the Enemy. I am ever, with the most sincere Affection, Respect, and Gratitude,

"Madam, My Sister,

"From the Camp at Senia, before Barcclona, October, 22, 1705.

"Your most affectionate

Brother,

"Charles."

"Translation of a Letter to the Queen, from the Junta of the Military Arm of Catalonia.

"Sacred Royal Majesty,

"The Principality of Catalonia being free from the heavy Yoke suffered by the violent Oppression of France, and restored to the Centre of its Felicity, under the easy and desired Dominion of our adored Monarch Charles the Third (whom God protect), whereunto Your Majesty has been pleased to contribute so powerfully by the Forces of Your Crown, is indispensably obliged, prostrate at the Royal Feet of Your Majesty, to an eternal Acknowledgement of so sovereign a Favour, with repeated Thanks to Your Majesty, for the Quality, Number, and Goodness of the Troops, which have acted with singular Regularity, punctual Obedience, and inimitable Valour; as also for the Choice of the General, my Lord the Earl of Peterborow, who commands them; since there is none who can exceed him in Valour, and few can equal him in understanding the Art of War. His Discretion, Affability, and Gentleness, are the attractive Loadstone of the Hearts of the Catalonians; who love and value him, as the Instrument of their Felicity, respect him for his Person, and for his Character of General of Your Majesty; and hope, from Your Majesty's Goodness, and the generous Strength of the English Nation, a Continuation of the greatest Efficacy of effectual Succours, for maintaining the Principality under the gentle Dominion of our King and Lord, and for promoting the great Work of restoring Him to the Throne of His Ancestors. Thus all our Felicity, and the Quiet of Europe, will be owing to the glorious Conduct and sovereign Direction of Your Majesty. God protect the Sacred Royal Person of Your Majesty, as we desire, and is necessary for us.

"From the Camp of Sarria, near Barcelona, October 23d, 1705.

"At Your Majesty's Feet,

"The Junta named by the King our Lord, of the Military Arm of Catalonia."

"Translation of the Letter to the Queen, from the City of Vich, in Catalonia.

"Madam,

"We should be wanting to the Law of good Vassals of our King and natural Lord Don Carlos the Third (whom God protect), if we did not return Your Royal Majesty the Thanks due to You, (as we do hereby give the same) for having favoured Him, in the Conquest of this Principality, with the powerful Fleet, governed by the most excellent the Earl of Peterborow, General by Sea and Land; who, by his great Zeal, Direction, Constancy, and Valour, mastering all Difficulties, and overcoming Impossibilities (which presented themselves in the Enterprise) has obtained a glorious Triumph over the Castle and Fort of Monjuich, and over the City of Barcelona, and with it over the rest of the Principality. We do therefore repeat to Your Majesty our just Acknowledgements; assuring Your Majesty, that, as this good Fortune fills us with Joy and Acclamation, so it does however much afflict us, that the Distance between Your Court and this City deprives us of the Accomplishment of our Desires, which is, personally to throw ourselves at the Royal Feet of Your Majesty, as we do by this Letter execute it with cordial Affection, there being none so much concerned in this singular Enterprise as the City and ourselves. May Your Majesty enjoy repeated Congratulations, since it has been Your Arms that have placed our Catholic Monarch on the Throne of this Principality; and we hope that, in what He has further to do for conquering the Monarchy, Your Majesty's Royal Protection will not be wanting to Him, whereon we rely for Success. We beseech God to protect Your Majesty's Person, as is necessary.

"Vich, October 15, 1705.

"Madam,

"Your Royal Majesty's

"Most obliged humble Servants, &c.

(L. S.)

"The Counsellors of the City of Vich."

Letter from the E. of Peterborow.

"Extract of a Letter from the Earl of Peterborow to Her Majesty, dated at Barcelona, 13th October, 1705.

"The King of Spain has very obligingly eased me of the Necessity of giving Your Majesty an Account of Particulars. Upon the Whole, I believe, Your Majesty's great Goodness will make You graciously accept of my Endeavours. I shall only say, Madam, my Thoughts and Actions shall never have any other View, but Your Majesty's Glory, and the Good of my Country.

"I would say more to Your Majesty, of Your Officers and Troops, of the great Assistance from the English Fleet, of the Courage, Chearfulness, and exact Obedience of Your Soldiers, if I did not think their Actions did sufficiently recommend them to Your Majesty's good Opinion, and to the World: But I must not omit to let Your Majesty know how happy we have been in a perfect Agreement with the Officers of The States General of Sea and Land; nothing has been desired from the Dutch Admirals, or offered to the Dutch Generals, which has not been complied with, even beyond what could be hoped, or reasonably desired.

"I do not solicit Your Majesty for the necessary Supports of all Kinds for this happy Beginning; Your Majesty, Your Allies, and Your Parliament, can never abandon a King beginning His Reign with an Action of such Resolution and Courage, nor a whole Province, and Your own Troops, entirely depending upon Your Wisdom and Goodness. We all rest assured of the Care and Protection of the best of Princes; and have nothing to desire so earnestly of Heaven, as the Preservation of Your Sacred Person, and a long Continuance of a Life of such Consequence to the whole World."

Address of Thanks for these Papers being laid before the House.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Address be made, to be presented to Her Majesty, to give Her Majesty the humble and hearty Thanks of this House, for Her Majesty's having been graciously pleased to order to be laid before this House, the several Papers relating to the Conquest of Catalonia, mentioned in Her Majesty's most Gracious Speech; and to congratulate Her Majesty on the Occasion of that most remarkable and glorious Success; and to assure Her Majesty, "That this House will do all that in them lies, to assist Her Majesty to perfect what She has so gloriously begun."

Then the Lords following were named a Committee, to draw the said Address, and report to the House; (videlicet,)

Ds. Gedolphin, Thesaurarius.
Dux Newcastle, C. P. S.
Dux Bolton.
Comes Bridgewater.
Comes Westmorland.
Comes Manchester.
Comes Rivers.
Comes Stamford.
Comes Kingston.
Comes Essex.
Comes Nottingham.
Comes Rochester.
Comes Bradford.
Viscount Weymouth.
Epus. Sarum.
Epus. Carliol.
Ds. Grey W.
Ds. Mohun.
Ds. Guilford.
Ds. Herbert.
Ds. Sommers.
Ds. Halifax.

Their Lordships, or any Three 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.

Address for the Papers to be printed.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That an humble Application be made to Her Majesty, by the Lords with White Staves, to desire, "That Her Majesty would direct the several Papers laid before this House, relating to the late Conquest of Catalonia, to be printed and published, if Her Majesty shall think sit."

The Lord Chief Justice of Her Majesty's Court of Queen's Bench brought in the several Bills drawn by the Judges, pursuant to the Directions of this House; (videlicet,)

Security of Queen's Person, and Protestant Succession, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act for the better Security of Her Majesty's Person and Government, and of the Succession to the Crown of England in the Protestant Line."

Ordered, That the said Bill be read a Second Time To-morrow, at Eleven a Clock.

Princess Sophia, Bill for Leave to be naturalized.

Hodie 1a vice lecta est Billa, intituled, "An Act for exhibiting a Bill in this present Parliament, for naturalizing the most Excellent Princess Sophia, Electress and Dutchess Dowager of Hanover, and the Issue of her Body."

Ordered, That the said Bill be read a Second Time To-morrow, at Eleven a Clock.

Repeal of Clauses, relating to Scotland, Bill.

Hodie 1a vice lecta est Billa, intituled, "An Act to repeal several Clauses in the Statute made in the Third and Fourth Years of Her present Majesty's Reign, for securing the Kingdom of England from several Acts lately passed in the Kingdom of Scotland."

Ordered, That the said Bill be read a Second Time To-morrow, at Eleven a Clock.

Princess Sophia, Nat. Bill.

The Lord Chief Justice also delivered a Bill, intituled, "An Act for naturalizing the Princess Sophia, and the Issue of her Body."

Adjourn.

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