House of Lords Journal Volume 17: 25 October 1704

DIE Mercurii, 25 Octobris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Duke of Grafton takes his Seat.

This Day Charles Duke of Grafton sat first in Parliament, upon the Death of his Father Henry Duke of Grafton; and took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Scot versus Hilton.

Upon reading the Petition of Edward Scot; complaining of some undue Proceedings of Richard Hilton, and his Attornies and Agents, contrary to an Order of this House of the Nine and Twentieth of February last past, directing a new Trial touching the Validity of a Bond, to try whether the said Bond in the Petitioner's Appeal mentioned was duly executed or not; and praying, "That this House will resent the Respondent's and his Attornies and Agents ill Proceedings, and take the Issue as tried against them; and that this House will give Directions for the Petitioner's Relief, against the Decree and Orders of the Court of Chancery; and for having the Money, paid into the Court of Chancery pursuant to the Order of this House, repaid to him, and his Costs, for such an ill Proceeding, and Contempt of the Order of this House:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Richard Hilton may have a Copy of the said Petition; and shall and he is hereby required to put in his Answer thereunto, in Writing, on Wednesday the Eighth Day of November next, at Ten a Clock in the Forenoon.

The Lord Wharton reported from the Lords Committees, and Address drawn by them.

Which was read, and agreed to, as follows; (videlicet,)

Address on Her Majesty's Speech.

"We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, beg Leave to return our humble and hearty Thanks to Your Majesty, for Your most Gracious Speech to Your Parliament.

"The Kindness and Indulgence Your Majesty hath expressed for all Your Subjects; Your Care to create a perfect Union amongst us, by forewarning us of the Mischiefs of Division; Your Goodness, in declaring Your own Happiness to depend on that of Your People; Your Desire to see that Happiness settled upon a lasting Foundation; Your strict Regard to Treaties; Your Justice to Public Engagements, Abroad as well as at Home; and Your noble Concern for the Support of the Liberty of Europe; comprehend all the Royal Qualities that can be desired in a Sovereign: And, when they are all so manifestly united in Your Royal Person, we, and the whole Nation, should be inexcusable to GOD and to the World, to this Age and to Posterity, if we should not endeavour effectually to accomplish all those great and excellent Designs which Your Majesty hath so wisely and graciously recommended.

"We, for ourselves, faithfully assure Your Majesty, That we will do all in our Power to bring this Session to a happy and speedy Conclusion, and to improve to the utmost the blessed Opportunity which GOD hath put into Your Hands.

"Upon this Occasion of approaching Your Majesty, we desire humbly to congratulate the great and glorious Success of Your Majesty's Arms, in Conjunction with those of Your Allies, under the Command of the Duke of Marlborough. We can never enough admire Your Wisdom and Courage, in sending that seasonable and necessary Assistance to the Empire: And we cannot too much commend the Secrecy, Dispatch, and Bravery, with which Your Orders were executed.

"What remains for us to do is, to beseech GOD that the like Success may attend Your Majesty's Arms, till You see the Protestant Religion and the Liberty of Europe settled upon a firm and lasting Foundation; and that Your Majesty may live many Years, to have the Pleasure and Glory of beholding these Parts of the World happy in the Enjoyment of those Blessings which Your Majesty shall have procured for them."

ORDERED, That the whole House do attend Her Majesty, with the said Address."

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 appoint, for this House to attend Her, with their Address.

Appeals and Writs of Error, Time limited for bringing in.

Whereas, by the Standing Orders of this House, all Persons who shall have any Writs of Error, or Petitions of Appeal from any Court of Equity, to be exhibited to this House, are required to bring in their said Writs of Error, and present their Petitions, within Fourteen Days, to be accounted from and after the First Day of every Session, or Meeting of Parliament after a Recess; after which Time, the Lords do declare, they will, during every such Sitting, receive no Writ of Error, or Petition of Appeal, unless upon such a Judgement given in any of Her Majesty's Courts of Judicature, or Decree had in any of the Courts of Equity, whilst the Parliament is actually sitting; in which Cases, the Party who shall find himself aggrieved may bring his Writ of Error, or Petition of Appeal, within Fourteen Days after such Judgement or Decree is given:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the said Order shall be punctually observed for the future, and published in Print, to the End all Persons concerned may take Notice thereof: And it is further ORDERED, That the Fourteen Days in this present Session of Parliament shall commence from Tuesday the last Day of this Instant October.

No Private Bill to be read; till first printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That, for the future, no Private Bill shall be read in this House, until printed Copies thereof be left with the Clerk for the Perusal of the Lords; and that this Order be printed and published, to the End all Persons concerned may take Notice thereof.

Lords to attend the Queen with Address;

The Lord Chamberlain reported, "That he had attended Her Majesty; and that Her Majesty is pleased to appoint Half an Hour after Two a Clock this Afternoon for this House to attend Her, with their Address, at Saint James's."

Then the House was adjourned during Pleasure.

After some Time, the House was resumed.

And the Lord Keeper reported Her Majesty's Answer to the Address, as follows; (videlicet,)

Queen's Answer to it:

"My Lords,

"I am very sensible of the great Duty and Affection which you have expressed in the several Particulars of this Address.

"I return you My hearty Thanks, for your Congratulation of our great Success, and for the Assurances of your Readiness to concur in prosecuting it effectually."

Address and Answer to be printed.

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Address this Day presented to Her Majesty, and Her Majesty's most Gracious Answer thereunto, shall be forthwith printed and published.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, tricesimum primum diem instantis Octobris, hora undecima Auroræ, Dominis sic decernentibus.