House of Lords Journal Volume 17: 15 December 1704

DIE Veneris, 15 Decembris.

REGINA.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Drake's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act for Sale of the Estate of Daniel Drake Gentleman, deceased, for the Provision of his Widow and Children, according to his Will."

Pile's Bill.

Hodie 2^a vice lecta est Billa, intituled, "An Act to enable Thomas Pile Esquire and Elizabeth Freke to make Leases for Lives of the Estate of Thomas Freke, of Iwerne Courtney, Esquire, deceased; as also the Son of George Pitt Esquire so to do, when entitled, and in actual Possession of the Premises; and that he may be enabled to make a Jointure, upon any Woman he shall marry, out of the same; and for establishing a School in Iwerne Courtney, and augmenting the Vicarage of Cern Abbas, in the County of Dorsett."

ORDERED, That the Consideration of the said Bill be committed to the Lords present this Day.

Their Lordships, or any Five of them, to meet the Second Day the House sits after Christmas, at Ten a Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

State General, Quotas of Ships.

The Lord Treasurer, pursuant to the Address of this House to Her Majesty, brought in,

"An Account of Quotas of Ships furnished by The States General last Summer."

Message from H. C. with a Bill.

A Message from the House of Commons, by Mr. Bromley and others:

Who brought up a Bill, intituled, "An Act for preventing Occasional Conformity;" to which they desire the Concurrence of this House.

Occasional Conformity, Bill to prevent:

Hodie 1^a vice lecta est Billa, intituled, "An Act for preventing Occasional Conformity."

Then it was proposed, "To read the Bill, a Second Time."

After long Debate;

The Question was put, "Whether this Bill shall be read a Second Time?"

It was Resolved in the Negative.

Protest against not reading it a Second Time.

"Dissentient.
Rochester.
Thanet.
Winchilsea.
Nottingham.
North & Grey.
Jo. Eror.
Abingdon.
Scarsdale.
(fn. 1) Cararvon.
Denbigh.
Guilford.
H. London.
Geo. Bath & Well.
N. Cestriens.
Granville."

Then the Question was put, "Whether this Bill shall be rejected?"

It was Resolved in the Affirmative.

Protest against rejecting it.

"Dissentient.
Rochester.
Thanet.
Nottingham.
North & Grey.
Jo. Ebor.
Winchilsea.
Scarsdale.
Abingdon.
Carnarvon.
Denbigh.
Guilford.
H. London.
Geo. Bath & Well.
N. Cestriens.
Granville."

ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Bill, intituled, "An Act for preventing Occasional Conformity," shall be, and is hereby, rejected.

Thanks of the House to the D. of Marlborough.

The Duke of Marlborough being this Day present, the Lord Keeper, as ordered Yesterday, gave him the Thanks of the House, as follow; (videlicet,)

"My Lord Duke of Marlborough,

The happy Success that has attended Her Majesty's Arms, under your Grace's Command, in Germany, the last Campaign, is so truly great, so truly glorious in all its Circumstances, that few Instances in the History of former Ages can equal, much less excel, the Lustre of it.

"Your Grace has not overthrown young unskilful Generals, raw and undisciplined Troops: But your Grace has conquered the French and Bavarian Armies; Armies that were fully instructed in all the Arts of War, select veteran Troops, flushed with former Victories, and commanded by Generals of great Experience and Bravery.

"The glorious Victories your Grace has obtained at Schallenburgh and Hochstet are very great, very illustrious, in themselves; but they are greater still in the Consequences to Her Majesty and to Her Allies: The Emperor is thereby relieved; the Empire itself is freed from a dangerous Enemy, in the very Bowels of it; the exorbitant Power of France is checked; and, I hope, a happy Step made towards the reducing of that Monarch within His due Bounds, and securing the Liberties of Europe.

"The Honour of these glorious Victories, great as they are, under the immediate Blessing of Almighty God, is chiestly, if not alone, owing to your Grace's Conduct and Valour.

"This is the unanimous Voice of England, and of all Her Majesty's Allies.

"My Lord,

"This most Honourable House is highly sensible of the great and signal Services your Grace has done Her Majesty in this Campaign, and of the immortal Honour you have done the English Nation; and have commanded me to give your Grace their Thanks for the same.

"And I do accordingly give your Grace the Thanks of this House, for the great Honour your Grace has done the Nation; and the great and signal Services you have done Her Majesty and this Kingdom the last Campaign."

Then the Duke of Marlborough replied as follows:

D. of Marlborough's Reply.

"My Lords,

"I am extreme sensible of the great Honour your Lordships are pleased to do me.

"I must beg Leave, on this Occasion, to do Right to all the Officers and Soldiers I had the Honour of having under me; that, next the Blessing of God, the good Success of this Campaign is owing to their extraordinary Courage.

"I am very sure, it will be a great Satisfaction and Encouragement to the whole Army, to find their Services so favourably accepted."

Prinn versus Howe, in Error.

Whereas Tuesday the Nineteenth Day of this Instant December was appointed, for hearing the Errors argued upon the Writ of Error depending in this House, wherein John Prinn is Plaintiff, and John How Esquire Defendant:

The House being this Day informed, "That the Defendant's Counsel goes out of Town before Tuesday next; and therefore the Defendant desires the Errors may be argued To-morrow or Monday next;" it is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House will hear the Errors argued in this Case, on the First Day of Sitting after the Recess now at Hand.

Ayres, Time to bring an Appeal.

Upon reading the Petition of Francisca Ayres Widow, Executrix to Anne Lloyd Widow, deceased; shewing, That Anne Lloyd, the Petitioner's Mother, hath lain a dying ever since the Beginning of this Session of Parliament, and departed this Life the Twentieth of November last, as upon Oath, at the Bar, did appear; that the Petitioner is sole Executrix, and could not prove the Will till the Seventh Instant; that the Petitioner thinks herself aggrieved by a Decree of Dismission made in Chancery, the One and Twentieth of April One Thousand Seven Hundred and Two; so that she cannot bring her Appeal into this House by the Time ordered for that Purpose:"

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave to lodge her Appeal.

Lecroi & al. Nat. Bill.

Upon reading the Petition of Francis Lecroix and others; praying Leave to bring in a Bill for their Naturalization:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioners have hereby Leave to bring in a Bill, as desired.

State of the Nation. with regard to Scotland.

Whereas this Day was appointed, for the House to be put into a Committee again, to consider of the State of the Nation in Reference to Scotland:

It is ORDERED, by the Lords Spiritual and Temporal in Parliament assembled, That this House shall be put into a Committee thereupon To-morrow, at Twelve a Clock.

Lawrence & al. versus Blachford & al.

Whereas To-morrow was appointed, for hearing of the Cause wherein John Lawrence and others are Appellants, and Robert Blachford and others are Respondents:

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 Tuesday next, at Eleven a Clock.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Sabbati, decimum sextum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.