House of Lords Journal Volume 19: 8 February 1711

DIE Jovis, 8 Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

D. of Schonherg takes the Oaths.

This Day Meinberdt Duke of Schonburg took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Tighe's Petreferred to Judges.

Upon reading the Petition of Richard Tighe Esquire, and Mary Lovett Widow, Executors of the last Will and Testament of John Lovett, late of the City of Dublin, Esquire, deceased, on Behalf of Robert Lovett, an Infant, Eldest Son and Heir of the said John Lovett; praying Leave to bring in a Bill, to enable Trustees, during the Minority of the said Robert Lovett, to grant Building Leases of any Part of the Estate in the City of Dublin, in the Petition mentioned, for any Term or Number of Years in Possession, not exceeding Sixty Years, reserving the best Rents that can be gotten for the same, so as not to bring the Value under the Yearly Sum of Three Hundred Pounds above Charges and Reprizes (public Taxes excepted):

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Justice Powell and Mr. Baron Bury; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

E. of Plymouth's Bill.

Hodie 1^a vice lecta est Billa, intituled, "An Act to vest the Manor, or reputed Manor, of Wadborough, alias Wadberrow, in the County of Worcester, and other Lands there, which came to the Right Honourable Other Earl of Plimouth by his Mother, in Trustees, to be sold, for raising more Money, to pay off Debts charged upon his Paternal Estate, and for other Purposes."

Docksey versus Docksey.

Upon reading the Petition of Elizabeth Docksey Widow, Respondent to the Appeal of Ralph Docksey; praying, "That the Hearing of the said Appeal, appointed to be this Day, may be put off for some Time; her Counsel not being well:"

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 the Thirteenth Day of this Instant February, at Eleven a Clock.

E. of Berkshire, Leave for a Bill.

After reading, and considering, the Report of the Lord Chief Baron of the Court of Exchequer and Mr. Justice Powis, to whom was referred the Petition of Henry Bowes Earl of Berkshire; praying Leave to bring in a Bill, for the Purposes in the Petition mentioned:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Petitioner hath hereby Leave given to bring in a Bill, according to the Prayer of the said Petition.

Hardres' Pet. referred to Judges.

Upon reading the Petition of John Hardres and Ann his Wife; praying Leave to bring in a Bill, for vesting a Farm and Lands in Gillingham, to be sold, for the Purposes in the Petition set forth:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Price and Mr. Justice Dormer; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Kerry's Pet. referred to Judges.

Upon reading the Petition of Edward Kerry Esquire and Elizabeth his Wife, on Behalf of themselves and their Infant Children; praying Leave to bring in a Bill, to vest in Trustees some Part of their Estate, to be sold, for the Purposes in the Petition set forth:

It is Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Consideration of the said Petition shall be, and is hereby, referred to Mr. Baron Lovell and Mr. Justice Eyre; who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties that may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Representation to the Queen, concerning the present State of the War in Spain.

The Earl of Abingdon reported from the Lords Committees, appointed to prepare an humble Representation, to be said before Her Majesty, upon the several Resolutions which have been reported from the Committee of the whole House appointed to consider of the present State of the War in Spain, which have been agreed to by this House, "That they had prepared a Representation accordingly, as follows; (videlicet,)

"1. We, Your Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, do, with all Humility and Thankfulness, acknowledge Your great Goodness and Condescension, in ordering to be laid before us many Letters and Papers relating to the War in Spain; by which, and by the Examination of divers Persons, and by the Assistance of the Earl of Peterborow, who, by Your Majesty's Permission, informed us with great Exactness of many Particulars, and gave us a very faithful, just, and honourable Account of the Councils of War held in Valencia, we have been enabled to discover some of those many Miscarriages, which have disappointed the Hopes Your Majesty and all Europe justly conceived from the Resolutions of Your Parliaments; and, had they been pursued with as much Care by those whom Your Majesty entrusted, as they were taken with Zeal and good Affection, the Success, by the Blessing of God, might have answered those Expectations.

"2. When we consider how generously Your Majesty engaged in this War, for asserting the Liberties of Europe, and the Rights of the House of Austria to the Spanish Monarchy, which had been wrested from them by the Artifices and Usurpations of the French King; when a Prince of that illustrious Family came to Your Majesty for Refuge against Oppression; and that Your Majesty had received him into Your Protection, moved thereunto not only by Your own innate Goodness, but by the Voice of Your People too, who were ready to sacrifice their Lives and Treasure for the Support of Your Majesty, in the Defence of so righteous a Cause: And when we further consider what would have been the happy Fruits of a successful War in Spain, the Honour of Your Majesty, the Safety, Wealth, and Prosperity of Your own Dominions, and the lasting Peace of Europe; we are astonished to find that any employed by Your Majesty should contribute to the Disappointment of so glorious a Design, or so much as neglect to promote it.

"3. We were extremely surprized to find, by all the Accounts now before us, that of the 29,395 Men given by Parliament, for the Service of the War in Spain, there should be present in Spain, at the Time of the Battle of Almanza, only 13,759.

"4. However the Earl of Gallway, who commanded Your Majesty's Troops at that Time in Spain, may have deserved to be censured in other respects; we cannot charge him with

"The Deficiency of 1710 Men, Twice reckoned in the Regiments of Hotham and Hill.

"Nor of 876 Men of Lord Barrimore's Regiment, reduced by the Earl of Peterborow, and was then raising in England.

"Nor of 1833 Men allowed for Servants of the Officers belonging to the Regiments actually in Spain, and not reduced at the Time of the Battle.

"Nor of 151 of the Widows Men, for all the Regiments in Spain at that Time.

"Nor of 3741 Men, of the Regiments of Farrington, Hamilton, Mohun, Brudenal, Allen, and Toby Caulfield, that were reduced some Time before the Battle.

"Nor of 622 Non-commissioned Officers and Private Men of Blosset's Regiment, that were reduced by the Earl Rivers, and incorporated into Sybourg's.

"5. For, whatever Defects there have been, there are most of them Justly to be imputed to those who had the Management of Your Majesty's Affairs here; whose Duty it was, to give the necessary Orders, and require the due Execution of them, for a Service which the Nation had so much at Heart, as the recovering Spain out of the Hands of the French.

"6. And therefore, whatever the Reasons may have been, for reckoning the Regiments of Hotham and Hill Twice in the Estimate presented to the House of Commons; yet, since the Number of Men demanded for that Year's Service was readily agreed to by them, we could not but be of Opinion, that the Two Regiments upon the Spanish Establishment Twice demanded, and provided for by Parliament, were not supplied as they ought to have been.

"7. And, upon Consideration of the other Deficiencies, we have found Reason to resolve,

"That, by not supplying the Deficiencies of the Men given by Parliament for the War in Spain, the Ministers have greatly neglected that Service, which was of the greatest Importance.

"8. And yet Negligence and the Profusion of vast Sums of Money given by Parliament are not the only Faults we have to lay before Your Majesty. We beg Leave to add, that unaccountable Advice given at Valencia, for an Offensive War at that Time in Spain, and approved of here, notwithstanding it was well known how few Troops we had in Spain, even with the Addition of those sent with the Earl Rivers; and the fatal Battle of Almanza, that ensured the Steps that led to it, and the sad Consequences that attended it, under which we still labour.

"9. The Earl of Gallway, Lord Tyrawly, and General Stanhope, insisting, in a Conference held at Valencia, some Time in January 170 6/7;, in the Presence of the King of Spain, and Your Majesty's Name being used in Maintenance of their Opinion, for an Offensive War, contrary to the King of Spain's Opinion, and that of all the General Officers and Public Ministers there (except the Marquis das Minas); and that Opinion of the Earl of Gallway, Lord Tyrawly, and General Stanhope, being pursued in the Operations of the following Campaign, was the unhappy Occasion of the Battle of Almanza, and one great Cause of our Misfortunes in Spain, and of the Disappointments of the Duke of Savoy's Expedition before Thoulon, concerned with Your Majesty.

"10. And it appears, by the Earl of Sunderland's Letters, that the carrying on the War offensively in Spain was approved and directed by the Ministers, notwithstanding the Design of attempting Thoulon, which the Ministers at that Time knew was concerted with the Duke of Savoy; and therefore are justly to be blamed, for contributing to all our Misfortunes in Spain, and to the Disappointment of the Expedition against Thoulon.

"11. Before we conclude this humble Address to Your Majesty, we think ourselves obliged to acquaint Your Majesty, that as the Earl of Gallway has, in yielding the Post of Your Majesty's Troops to the Portuguese in Spain, acted contrary to the Honour of the Imperial Crown of Great Britain; so we find the Earl of Peterborow, during the Time he had the Honour of commanding the Army in Spain, did perform many great and eminent Services; and if the Opinion he gave in the Council of War at Valencia had been followed, it might very probably have prevented the Misfortunes that have since happened in Spain.

"12. Having laid before Your Majesty this faithful Representation of the Mismanagements of those Persons entrusted with your most important Affairs, and to whose Counsels and Conduct the fatal Miscarriages of the War in Spain are in great Measure to be imputed; we have an entire Confidence, that Your Majesty will give such Orders, and take such Measures, with regard to our present Circumstances, as may retrieve the bad Effects of that unhappy Management, to the Advantage of the common Cause, and to the obtaining a safe and honourable Peace."

Then the First Seven Paragraphs, being severally read by the Clerk, were agreed to by the House.

Then the 8th Paragraph being read, as follows; (videlicet,)

"And yet Negligence, and the Profusion of vast Sums of Money given by Parliament, are not the only Faults we have to lay before Your Majesty. We beg Leave to add, that unaccountable Advice given at Valencia, for an Offensive War at that Time in Spain, and approved of here, notwithstanding it was well known how few Troops we had in Spain, even with the Addition of those sent with the Earl Rivers; and the fatal Battle of Almanza, that ensued the Steps that led to it, and the sad Consequences that attended it, under which we still labour."

It was proposed, "To leave out these Words ["and the Profusion of vast Sums of Money given by Parliament, are"]."

And Debate thereupon;

The Question was put, "Whether these Words and the Profusion of vast Sums of Money given by Parliament, are"] shall stand Part of this Paragraph?".

It was Resolved in the Affirmative.

Protest against not omitting Words in the Eighth Paragraph.

Dissentient.
"Bolton.
"Crford.
Jonat. Winton.
Sunderland.
Devonshire.
"Stamford.
Lincoln.
"J. Bridgewater.
"Rockingham.
"Cornwallis.
"Somers.
"Jo. Bangor.
Ric. Peterbor.
Herbert.
"Cowper.
"Haversham.
"J. Ely.
"W. Carliol.
"C. Norwich.

Then the Four following Paragraphs, being severally read, were also agreed unto by the House.

Representation agreed to:

Resolved, That this be the Representation to be presented to Her Majesty.

Protest against it.

"Dissentient.
"Jonat. Winton.
Bolton.
Orford.
"Devonshire.
"Sunderland.
Lincoln.
"Stamford.
"Godolphin.
"J. Ely.
"Rockingham.
J. Bridgewater.
"Jo. Bangor.
"Somers.
"Derby.
Cornwallis.
"Haversham.
"C. Norwich.
"Ric. Peterbor.
"Herbert.
"W. Carliol.
"Cowper."

Ordered, That the whole House do attend Her Majesty, with the said Representation.

Lords with White Staves, to know when Her Majesty will be attended.

Ordered, by the Lords Spiritual and Temporal in Parliament assembled, That the Lords with White Staves do wait on Her Majesty, humbly to know what Time Her Majesty will please to appoint to be attended, with a Representation of this House, agreed to this Day.

Protest, Third Instant, Debate concerning adjourned.

Ordered, That the Debate touching the Reasons for the Protection against the Resolutions of the Third Instant (which was to be resumed this Day), be further adjourned till To-morrow, at Twelve a Clock; and all the Lords summoned.

Adjourn.

Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, nonum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.