House of Lords Journal Volume 34
December 1775, 11-20

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History of Parliament Trust

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1767-1830

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527-540

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'House of Lords Journal Volume 34: December 1775, 11-20', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 527-540. URL: http://www.british-history.ac.uk/report.aspx?compid=113693 Date accessed: 22 July 2014.


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Contents

Die Lunæ 11o Decembris 1775.
Quist’s Nat. Bill. Palmer against Ward: Writ of Error nonpros’d with Costs. Kingston, Duchess of, Petition to put off her Trial. Orphans Fund, &c, Accounts delivered. Norbern Missage, Discovery of, Bill. Williams’s Divorce Bill. Duchess of Kingston’s Trial, Report of Committee. Marine Mutiny Bill. Brown against Gardner. Ward against Hartpole. Hearing put off with Coffs Adjourn. Die Martis, 12o Decembris 1775.
American Colonies, to prohibit Trade with, &c Bill. Macdowal, et al. against Mackle: Appeal with drawn with Costs. Roberton against Elphinston et al. Appeal with drawn. Northen Passage, Discovery of bill. Quistis Nat. Bill. Messages to H C that the Lords have agreed to the two preceding Bill. Marine Mutiny Bill. Duchess of Kingston, petition considered; and physicians examined. Her Trial put off, and Lords to be acquaint, ed therewith. American Colonies, to prohibit Trade with, &c. Bill. Duchess of Kingston, Lords summoned to consider her Trial. Causes put off. Adjourn. Die Mercurii, 13o Decembris 1775.
Marine Mutiny Bill. Duchess of Kingston, Address to His Majesty for Guards during her Trial; and other Orders made in relation thereto. Adjourn. Die Jovis, 14o Decembris 1775.
Bonsall, &c. Enclosure Bill. Marine Mutiny Bill: Message to H. C. that the Lords have agreed to it. Sir John Eden et al. against E. Bute et al. Duchess of Kingston, her Trial appointed in Westminster Hall. Adjourn. Die Veneris, 15o Decembris 1775.
Lee against Ld. Vernon. Ld. Lovel and Holland takes the Oaths. Duchess of Kingston, King’s Answer to Address for Guards on her Trial. Bonsall, &c. Enclosure Bill: King’s Consent signified to it. Lee against Ld. Vernon. American Colonies, to prohibit Trade with, &c. Bill: Protest on the Commitment of it. Adjourn. Die Lunæ, 18o Decembris 1775.
Glascott et al. against Wigmore. Bonsall, &c. Enclosure Bill. D Ancaster’s Petition referred to Judges. Bonsall, &c. Enclosure Bill. Message to H. C that the Lords have agreed to it. Hutchinson against Gamble et al. Pleadings proved. American Colonies, to prohibit Trade with, &c. Bill. Duchess of Kingston, her Physicians to attend. Adjourn. Die Martis, 19o Decembris 1775.
Crang et Ux. against Adams. Sir John Eden et al. against, E. Bute et al. American Colonies, to prohibit Trade with, &c. Bill. Adjourn. Die Mercurii, 20o Decembris 1775.
Duchess of Kingston, Dr. Warren examined, and Trial put off. American Colonies, to prohibit Trade with, &c. Bill: Message to H. C. with Amendments to it. Peirson’s Petition referred to Judges. Adjourn.

Die Lunæ 11o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt;

Epus. Duresm. Comes Bathurst. Cancellarius. Ds. Le Despencer.
Epus. Lincoln. Ds. Abergavenny.
Epus. Wigorn. Comes Gower Præses. Ds. Clifton.
Epus. Raffen. Comes Dartmouth, C. P. S. Ds. Cathcart.
Epus. Bangor. Ds. Trevor.
Dux Bridgewater. Ds. Sandys.
March. Rockingham. Ds. Lyttelton.
Comes Suffolk. Ds. Scarf dale.
Comes Peterborough.
Comes Sandwich.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Dalhousie.
Comes Aberdeen.
Comes Oxford.
Comes Waldegrave.
Comes Buckinghamshire.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Quist’s Nat. Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Charles Quist,” was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the fame to the House, without any Amendment.”

Palmer against Ward:

Upon reading the Petition of George Ward, Defendant in a Writ of Error, depending in this House, wherein John Palmer Gentleman is Plaintiff; setting forth, That the Plaintiff has not assigned Errors within the Time ordered by the House;” and therefore praying, That the said Writ of Error may be nonpros’d, with such Costs, as to their Lordships shall seem meet:”

Writ of Error nonpros’d with Costs.

It is Ordered, That the Petitioner do forthwith enter a Non-pros, on the said Writ of Error, as desired; and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds for his Costs, by reason of the Delay of the Execution of the said Judgement.

Kingston, Duchess of, Petition to put off her Trial.

Upon reading the Petition of Elizabeth Duchess Dowager of Kingston; setting forth, “That at the General Quarter Sessions of the Peace, held in the County of Middlesex, at Htcks’s Hall, on the 9th Day of February last, a Bill of Indictment was found against the Petitioner for Bigamy; charging that the Petitioner had married Augustus John Hervey Esquire,’ (who is now Earl of Bristol), and had Acterwards, in the Life-time of the said Augustus John Hervey, married Evelyn Pierrepont Duke of Kingston: That the Petitioner surrendered herself to the Sheriff of the said County of Middlesex, upon the said Indictment, and in Easter Term last was admitted to Bail, by His Majesty’s Court of King’s Bench, on entering into a Recognizance, with Four Sureties, for her Appearance in that Court, and also for the Petitioner’s Appearance before His Majesty’s Parliament, to answer to the said Indictment, whenever she should be thereunto required: That the said Indictment having been removed before their Lordships House, and their Lordships, on the 20th Day of November last, were pleased to order that the Trial of the Petitioner be on Monday the 18th Day of this instant December; at the Bar of their Lordships House: That the Petitioner hath been for some Days, and still is, confined to her Bed by a very severe Illness; and her Physicians are of Opinion it is impossible the can be able to appear before their Lordships, and take her Trial at the Time appointed: The Petitioner begs Leave to assure their Lordships, that it is with the utmost Concern and Grief the finds herself under the Necessity of supplicating their Lordships Indulgence, and of submitting to remain longer under the Imputation of a Criminal Charge;” and therefore praying their Lordships, “Will be pleased to postpone the Petitioner’s Trial for Two Months, or to such other Time as to their Lordships may seem meet:”

It is Ordered, That the said Petition be taken into Consideration To-morrow, and the Lords summoned; and that Doctor Warren Physician to the King, Doctor Schomberg Physician, and Doctor Faulk Physician, do then attend, in order to their being examined upon the said Petition.

Orphans Fund, &c, Accounts delivered.

The House being informed, That Mr. William Montagu, from the Office, of the Chamberlain of the City of London, attended;”

He was called in; and delivered at the Bar, pursuant to Acts of Parliament,

An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London, on the 5th Day of July 1775.”

An Account of Money received and paid in pursuance of the Act for re-building the Gaol of Newgate, from the 28th of September 1774, exclusive, to the 28th of September 1775, inclusive.”

An Account of Money received and paid on Account of the Tolls upon London and Blackfriars Bridges from the 28th Day of September 1774, exclusive, to the 28th Day of September 1775, inclusive.”

An Account of Money received and paid in pursuance of the Acts for building a Bridge at Blackfriars, and for compleating the said Bridge from the 28th of September 1774, exclusive, to the 28th of September 1775, inclusive.”

An Account of Money received and paid in pursuance of the Act for making, enlarging, amending, and cleansing, the Vaults, Drains, and Sewers, and for paving, cleansing, and enlightening, the Streets, Lanes, &c. within the City of London, and Liberties thereof, from 28th September 1774, exclusive, to 28th September 1775, inclusive.”

An Account of Money received and paid in pursuance of the Act for embanking Part of the North Side of the River Thames, from the 28th of September 1774, exclusive, to the 28th of September 1775, inclusive.”

An Account of Money received and paid in pursuance of the Act for repairing the Royal Exchange, from the 28th of September 1774, exclusive, to the 28th of September 1775, inclusive.”

And then he withdrew.

And the Tilles thereof being read by the Clerk:

Ordered, That the, said Accounts do lie on the Table.

Norbern Missage, Discovery of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for giving a publick Reward unto such Person or Persons, being His Majesty’s Subjector Subjects, as shall discover a Northern Passage for Vessels by Sea between the Atlantic and Pacific Occam; and also unto such as shall first approach by Sea within One Degree of the Northern Pole.”

After some Time the House was resumed:

And the Lord Scarsdale reported from the Committee, That they had gone through the Bill, and directed him to report the fame to the House, without any Amendment.”

Williams’s Divorce Bill.

The Order. of the Day being read for the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Thomas Williams with Ann Lantware his now Wife, and to enable him to marry again; and for other Purples therein mentioned;” and for hearing Counsels for and against the fame; and for the Lords to be summoned:

Counsels were accordingly called in, and Mr. Harding appearing as Counsels for the Bill, but no Counsels appearing against it:

Mr. David James was called, in order to prove the Service of the Older for the said Second Reading; and being sworn, acquainted the House, “That he served Mrs. Williams personally with the Order of this House for the Second Reading of the Bill, and at the fame Time delivered to her a true Copy of the Bill.”

He was directed to withdraw.

Then the said Bill was read a Second Time.

And Mr. Harding was heard in Support of the Bill, and to make out the Allegations thereof:

And, in order to prove the Marriage, called the said Mr. James, who produced an Extract from the Register of Marriages of the Parish Church of Saint Lawrence Jewry, and declaring, “That the fame was a true Copy, “he having examined it with the Original.”

The fame was read, whereby it appeared, that Thomas Williams and Ann Lantware were married at the said Parish Church on the 7th of October 1770.

He was directed to withdraw.

Then Mark Holman, Deputy Register of the Consistory Court of the Bishop of London, was called in; and being sworn, produced the Original Definitive Sentence of Divorce, dated 28th February 1775, in the said Court, against: the said Ann Lantware, for Adultery; and the fame was read.

He was directed to withdraw.

Then Grace Mansfield was called in; and being swdrn, acquainted the House, “That she is married, and lives in Dean Street Holborn: That She knows Mrs. Williams, and that she knew her first in 1772: That Mrs. Williams, and a Gentleman whom the called Williams, came to take her Lodgings, and lodged with her Four Months; had a Dining Room and Bed Chamber, and One Bed only: That a Man visited her at different Times, and sometimes staid all Night: That several came to visit her, but none came to the Person she called Mr. Williams: That they took her Lodgings as Man and Wife: That she discovered this Man’s Name was not Williams, nor her Husband, as one came and asked for him by the Name of Lear, a Hair Dresser. After Mr. Williams went away, Mrs. Williams enquired for her, and told her, that was her Husband: That she never saw them in Bed together, having no Business in their Apartment.”

She was directed to withdraw.

Then, in order to prove a particular Fact, called Mary Parker, who being sworn, acquainted the House, That she knows Mr. Williams and his Wife; was their Servant: That Mrs. Lantware hired her in October 1773: That she lived with them about Three Months: That Mrs. Williams was always out, and brought home Men in an Evening when her Mailer was in Bed: That the came home dressed and painted often at Three o’Clock in the Morning, and her Cloaths always ruffled. When her Master came home he used to ask for his Wife: That she told him she was with her Mother: That Men came often to ask for Mrs. Williams: That her Master knocked at the Door, and a Man was sent into the Kitchen: That her Master went out of Town in the Beginning of the Year 1774, when One Man came and staid all Night, and did so Two or Three different Times: That she was sent by her Mistress for Beer, and when she returned, observed a Man under the Bed, and another Time a Man in the Dining Room: That she thought her Mistress knocked, and upon her going up she found a Man upon her Mistress upon the Floor: That she believes her Master did not know of these goings on: That when she went up into the Dining Room, be- fides what she has already mentioned, her Mistress was on the Carpet, her Cloaths up, and a Man upon her: That her Mistress had her Cloaths on, but they were up: She left, the Door open, and about an Hour After he went away: That Mr. Williams knew of this Conduct of his Wife about January, when he used to follow her to fee where she went,: That he went out of Town, and left her, when she stripped the House and went away: That she did not tell her Master of what passed, as she did not like to make Mischief: That She did not know the Man who lay upon her Mistress: That one Birch came there, whom her Mistress said, “she would go and live with;” nor did she know any other of the Men who frequented her Mistress.”

She was directed to withdraw.

Then Hannah Pignaud was called in; and, being sworn, acquainted the House, “That she knew Mrs. Williams about the Middle of the Summer 1772: That she passed for a Widow, and called on her, with Mrs. Whitlock, (who gave her a Character), to take her Lodgings: That she did not like her Conduct: That she painted, and went out in the Evenings, and Men called on her: That she told her she should quit her Lodgings, but could not get her out till a Fortnight After. In a Conversation which she had with Mrs. Williams, Acter Mr. Williams had been at her House to enquire into his Wife’s Conduct, she told her “that her Husband had been seeking a Divorce;” upon which she left her Shop in a Hurry, saying, “he had not Evidence sufficient to procure one.”

She was directed to withdraw.

The Counsels was directed to withdraw.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on this Day Three Months.

Duchess of Kingston’s Trial, Report of Committee.

The Earl of Sandwich reported from the Lords Committees appointed to consider of the proper Methods of Proceeding in order to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire (now Earl of Bristol, and One of the Peers of this Realm); “That the Committee had met and considered the Matter to them referred, and had come to the following Evolutions; (videlicet),

“1. That it is the Opinion of this Committee, That notwithstanding the Regulations proposed by the said Committee, the Chamber of Parliament is a very inconvenient Place for a solemn Trial; and that the Committee find no Precedent of a Peer or Peeress being tried at the Bar of this House for any Felony.

“2. That it is the Opinion of this Committee, That upon the said Elizabeth calling herself Duchess Dowager of Kingston, appearing at the Bar, the be taken into the Custody of the Black Rod; and in case the Trial lasts more than One Day, the be committed by the House to the Tower of London.

“3. That it is the Opinion of this Committee, That the House be moved, “That an humble Address be presented to His Majesty, to desire that His Majesty will be graciously pleased to give Orders, that a Party of the Guards do attend during the said Trial.

“4. That it is the Opinion of this Committee, That the Conveniences to be made for the Prosecutors, and their Counsels and Attendants, and also of the Counsel and Attendants of Elizabeth calling herself Duchess Dowager of Kingston, be agreeable to the Plan produced by Mr. Wolffe of the Board of Works, to this Committee.

“5. That it is the Opinion of this Committee, That it will be more convenient, that the Two Side Doors below the Bar should be left open during the Trial, and that the Door from the Painted Chamber be kept for the Use of the Counsels and Attendants of each Party.

“6. That it is the Opinion of this Committee, That One of the Clerk’s Rooms be allotted for the Use of the Prosecutor and his Counsel’s Attendants.

“7. That it is the Opinion of this Committee, That no Person whatsoever, except the Peers of the House, be admitted within the Bar.

“8. That it is the Opinion of this Committee, That no Person be admitted about the Throne, except such Peers of Great Britain who do not fit in the House, minor Peers, and the eldest Sons of Peers.

“9. That it is the Opinion of this Committee, That the Bar behind the Archbishops Bench be continued to the Woolsack.”

Which Evolutions being read by the Clerk:

Ordered, That the said Report be taken into Consideration To-morrow.

Marine Mutiny Bill.

A Message was brought from the House of Commons, by Mr. Buller and others:

With a Bill, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore;” so which they desire the Concurrence of this House.

The said Bill was read the First Time.

Brown against Gardner.

Upon reading the Petition of Samuel Gardner; who sues as well for our Lord the King as for himself, Defendant in a Writ of Error depending in this House, wherein Joseph Brown is Plaintiff; setting forth, “That the Plaintiff has not assigned Errors within the Time ordered by the House;” and therefore praying, That the said Writ of Error may be nonpros’d, with such Coils as to their Lordships shall seem meet:”

It is Ordered, That the Petitioner do forthwith enter a Non-pros, on the said Writ of Error, as desired; and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court as if no such Writ of Error had been brought into this House: And further, That the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Forty Pounds for his Costs by reason of the Delay of the Execution of the said Judgement.

Ward against Hartpole.

The Order of the Day being read for hearing Counsels in the Cause wherein Nicholas Ward Esquire is Appellant, and Robert Hartpole Esquire is Respondent:

The House was informed, “That Counsels attended on Behalf of the Appellant, but no Counsels for the Respondent.”

Whereupon, The Agents on both Sides were called in, and heard at the Bar.

And being withdrawn:

Hearing put off with Coffs

Ordered, That the Respondent do pay the Appellant Thirty Guineas for his Costs of the Day; and that the Hearing of the said Cause be put off to Wednesday next.

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Decembris, hora undecima Auroras, Dominis sic decernentibus.

Die Martis, 12o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst. Can cellarius. Ds. Le Despencer.
Epus. Duresin. Comes Gower, Praefes. Ds. Willoughby Par.
Epus. Eliens. Comes Dartmouth, C. P. S. Ds. Clifton.
Epus. Norvicen. Dux Bridgewater. Ds. Cathcart.
Epus. Lincoln. March. Rockingham. Ds. Trevor.
Epus. Wigorn. Comes Huntingdon. Ds. Cadogan.
Epus. Raffen. Comes Suffolk. Ds. Edgecumbe.
Epus. Litch. & Cov. Comes Peterborough. Ds. Sandys.
Epus. Bangor. Comes Sandwich. Ds. Ponsonby.
Comes Abercorn. Ds. Vere.
Comes Galloway. Ds. Hyde.
Comes Loudoun. Ds. Mansfield.
Comes Dalhousie. Ds. Lyttelton.
Comes Aberdeen. Ds. Grosvenor.
Comes March. Ds. Scarsdale.
Comes Marchmont. Ds. Sundridge.
Comes Rosebery.
Comes Waldegrave.
Comes Hardwicke.
Comes Fauconberg.
Comes Northington.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley Ward.

PRAYERS.

American Colonies, to prohibit Trade with, &c Bill.

A Message was brought from the House of Commons, by Sir Grey Cooper and others:

With a Bill, intituled, “An A & to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connected, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, to. discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town, and within the Harbour of Boston in the Province of Massachusetts Bay;” and also Two Acts, made in the Act Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons appointed and authorized by His Majesty, to grant Pardons, and to issue Proclamations, in the Cases and for the Purposes therein mentioned;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Macdowal, et al. against Mackle:

Upon reading the Petition of John Macdowal Merchant in Glasgow, and others, Appellants in a Cause depending in this House, to which William Mache is Respondent, which stands appointed for hearing; setting forth, “That they have agreed to submit to the Judgement pronounced in this Cause by the Court of Session;” and therefore praying their Lordships, “That they may be at Liberty to withdraw their Appeal, upon paying to the Respondent the Sum of Twenty five Pounds, agreed upon for his Costs in this Cause the Agent for the said Respondent having signed the said Petition, as commenting thereto:”

Appeal with drawn with Costs.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired, upon Payment of Twenty-five Pounds Costs to the Respondent.

Roberton against Elphinston et al.

Upon reading the Petition of Archibald Roberton Esquire, Appellant in a Cause depending in this House, to which John Elphinston Esquire, and others, are Respondents, which stands appointed for hearing; setting forth, “That the Subject Matter of this Appeal is com promised;” and therefore praying their Lordships, “That he may be at Liberty to withdraw his Appeal ‘ “without Costs, the Agent for the said Respondent “having signed the said Petition, as consenting thereto:”

Appeal with drawn.

It is Ordered, That the Petitioner be at Liberty to withdraw his said Appeal without Costs, as desired.

Northen Passage, Discovery of bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for giving a publick Reward unto such Person or Persons, being His Majesty’s Subject or stubje&s, as shall discover a Northern Passage for Vessels by Sea between the Atlantic and Pacific Oceans; and also unto such as shall first approach by Sea within One Degree of the Northern Pole.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Quistis Nat. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Charles Quest.”

The Question was put, “Whether this Bill shall pass ?”

It was resolved in the Affirmative.

Messages to H C that the Lords have agreed to the two preceding Bill.

And Messages were, severally, sent to the House of Commons, by Mr. Montagu and Mr. Cuddon:

To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.

Marine Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bui To-morrow.

Duchess of Kingston, petition considered; and physicians examined.

The Order of the Day being read for taking into Consideration the Petition of Elizabeth calling herself Duchess Dowager of Kingston, and for the Lords to be summoned; and for the Attendance of Dr. Warren, Physician to the King, Doctor Schomberg Physician, and Doctor Falck Physician:

Doctor Isaac Schomberg Physician was called in; who being sworn. acquainted the House, “That he is One of the Duchess of Kingston’s Physicians: That she is in a bad State of Health: That he heard from a young Lady who was with her, that she was taken with a Kind of Stupor at St. James’s Chapel on Sunday last was Se’nnight, the Effects of which still remain on her: That her Memory is disordered: That he saw her Today, and that she was somewhat better: Thinks she will not be able to attend on Monday next, her Mind is so disordered by the Attack she received on Sunday Se’nnight at St. James’s Chapel. The Duchess herself thought it happened at the Asylum.”

He was directed to withdraw.

Then Doctor Richard Warren, Physician to the King, was called in; who being sworn, acquainted the House, “That he saw the Duchess of Kingston Yesterday for the First Time, and again this Day: That her Illness is in consequence of a Fit of a Paralytic Kind, the Effects of which are not gone off: That he thinks she cannot attend on Monday next, but may in a few Weeks Time.”

He was directed to withdraw.

Then Doctor Nicholaus Detleff Palck Physician was called in; who being sworn, acquainted the House, “That he had attended the Duchess of Kingston for some Months past: That her Complaint is partly from an internal Abscess, but principally, at present, from a kind of Paralytic Attack, and a Debility of the Nervous System, whereby her Faculties are impaired and her Memory.” Being asked, “When he thinks she will be able to attend ?” says, “She will not be able to attend at the Time appointed, but cannot answer for the future.”

He was directed to withdraw.

Her Trial put off, and Lords to be acquaint, ed therewith.

The Order of the Day being read for taking into Consideration the Report from the Committee appointed to consider of the proper Methods of Proceeding in order to the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire (now Earl of Bristol, and One of the Peers of this Realm):

The First Resolution of the said Committee was read by the Clerk, as follows:

“That notwithstanding the Regulations proposed by the said Committee, the Chamber of Parliament is a very inconvenient Place for a solemn Trial; and that the Committee find no Precedent of a Peer or Peeress being tried at the Bar of this House for any Felony.”

The Question was put, “Whether to agree with the Committee in this Resolution ?”

It was resolved in the Negative.

Then the Second Resolution of the said Committee was read by the Clerk, as follows:

“That upon the said Elizabeth calling herself Duchess Dowager of Kingston, appearing at the Bar, she be taken into the Custody of the Black Rod; and in case the Trial lasts more than One Day, she be committed to the Tower of London.”

An Amendment was proposed to be made to the said Resolution, by leaving out, After the Words [“Black Rod”] to the End thereof.

The Question was put, “Whether the Words proposed shall be left out in the said Resolution?”

It was resolved in the Affirmative.

And the said Resolution, thus amended, was agreed to, and ordered accordingly.

Then the Rest of the Resolutions of the said Committee were, severally, read by the Clerk, and agreed to by the House, and ordered accordingly.

It was moved, “That the Order of this House of the 20th of November last, That the Door next the Gentleman Usher of the Black Rod’s Seat, be kept locked during the Sitting of the House upon the Trial of Elizabeth calling herself Duchess Dowager of Kingston, be now read:”

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), which stands appointed for Monday next, be put off to Wednesday the 24th Day of January next.

Ordered, That the Lord Chancellor do write Letters to all the Lords, to acquaint them therewith, and that the House expects their Attendance on that Day.

American Colonies, to prohibit Trade with, &c. Bill.

Ordered, That the Bill, intituled, “An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties, on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, to discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town, and within the Harbour of Boston, in the Province of Massachusetts Bay;” and also Two Acts, made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons; appointed and authorized by His Majesty, to grant; Pardons, and to issue Proclamations, in the Cases: and for the Purposes therein mentioned,” be read a Second Time on Friday next; and that the Lords be summoned.

Duchess of Kingston, Lords summoned to consider her Trial.

Ordered, That all the Lords be summoned to attend the House on Thursday next, to take into Consideration the Order appointing the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), at the Bar of this House.

Causes put off.

Ordered, That the Hearing of the Cause wherein Nicholas Ward Esquire is Appellant, and Robert Hartpole Esquire is Respondent, which stands appointed for To-morrow, be put off to the First Cause Day after the Recess Christmas; and that the Rest of the Causes be removed in course.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum tertium diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii, 13o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Dux Bridgewater.
March. Rockingham.
Comes Dalhousie.
Comes Marchmont.
Viscount Falmouth.

PRAYERS.

Marine Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

After some Time the House was resumed:

And the Earl of Marchmont reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Duchess of Kingston, Address to His Majesty for Guards during her Trial; and other Orders made in relation thereto.

The House being moved, “That the Second Resolution of the House of Yesterday might be read:”

The same was accordingly read by the Clerk.

Whereupon it was moved, “That an humble Address be presented to His Majesty, That He will be graciously pleased to give Orders, that a Party of the Guards do attend during the Trial appointed at the Bar of this House on Wednesday the 24th Day of January next, of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire (now Earl of Bristol, and One of the Peers of this Realm).”

The same was agreed to, and ordered accordingly.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Ordered, That the Judges who were ordered to attend this House on Monday die 18th Day of this instant December, upon the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), do attend on Wednesday the 34th Day of January next.

Ordered, That the Clerk of the Crown in His Majesty’s Court of King’s Bench, or his Deputy, who was ordered to attend this House on Monday the 18th Day of this instant December, to assist the Clerks during the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), do attend on Wednesday the 24th Day of January next.

Ordered, That the Serjeant at Arms, who was ordered to attend within the House to make Proclamations in the King’s Name, on Monday the 18th Day of this instant December, upon the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), do attend on Wednesday the 24th Day of January next.

Ordered, That the Bail of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire (now Earl of Bristol, and One of the Peers of this Realm), do surrender her at the Bar of this House on Wednesday the 24th Day of January next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum quartum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Jovis, 14o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Eliens. Ds. Abergavenny.
Epus. Roffen. Ds. Willoughby Par.
Epus. Litch. & Cov. Comes Gower, Præsens. Ds. Cathcart.
Comes Dartmouth, C. P. S. Ds. Cadogan.
Ds. Monson.
Ds. Edgecumbe.
Dux Manchester. Ds. Ponsonby.
March. Rockingham. Ds. Sandys.
Comes Hertford, Camerarius. Ds. Vere.
Ds. Mansfield.
Comes Huntingdon. Ds. Lyttelton.
Comes Suffolk. Ds. Grosvenor.
Comes Peterborough. Ds. Scarsdale.
Comes Sandwich. Ds. Sundridge.
Comes Berkeley.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Aberdeen.
Comes Marchmont.
Comes Rosebery.
Comes Waldegrave.
Comes Hardwicke.
Comes Fauconberg.
Comes Northington.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Bonsall, &c. Enclosure Bill.

A Message was brought from the House of Commons, by Mr. Adams and others:

With a Bill, intituled; “An A& for dividing and enclosing certain Commons or Pieces of Waste Ground, in the Parishes of Bonsall, Wirksworth, and Matlock, in the County of Derby;” to which they desire the Concurrence of this House.

That said Bill was read the First Time.

Marine Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Cuddon:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Sir John Eden et al. against E. Bute et al.

The House being informed, “That John Earl of Bute and others, Respondents to the Appeal of Sir John Eden Baronet, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:”

And thereupon an Affidavit of John Howes of Grays Inn, in the County of Middlesex, Gentleman, of the due Service of the said Order being read:

Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.

Duchess of Kingston, her Trial appointed in Westminster Hall.

The Order of the Day being read for the Lords to be summoned, to take into Consideration the Order, appointing the Trial of Elizabeth calling herself Duchess Dowager of Kingston, at the Bar of this House:

It was moved, “That the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), be on Wednesday the 24th Day of January next, at the Bar of this House, in Westminster Hall.”

And several Extracts out of the Journals, relating to the Trials of the Earl of Strafford, the Lord Morley and the Lord Monteagle, being read:

After Short Debate,

The said Motion was agreed to, and ordered accordingly.

Ordered, by the Lords Spiritual and Temporal, in Parliament assembled, That the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (how Earl of Bristol, and One of the Peers of this Realm), be on Wednesday the 24th Day of January next, at the Bar of this House in Westminster Hall; and that the Judges do then attend.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quintum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Veneris, 15o Decembris 1775.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Archiep: Cantuar. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Duresm. Ds. Abergavenny.
Epus. Eliens. Comes Gower, Præses. Ds. Willoughby Par.
Epus. Wigorn. Comes Dartmouth, C.P.S. Ds. Clifton.
Epus. Litch. & Cov. Ds. Cathcart.
Ds. Trevor.
Dux Richmond. Ds. Cadogan.
Dux Bolton. Ds. King.
Dux Manchester. Ds. Monson.
Dux Bridgewater. Ds. Chedworth.
March. Rockingham. Ds. Edgecumbe.
Ds. Sandys.
Comes Hereford, Camerarius. Ds. Bruce.
Ds. Ponsonby.
Comes Huntingdon. Ds. Hyde.
Comes Suffolk. Ds. Mansfield.
Comes Denbigh. Ds. Lyttelton.
Comes Peterborough. Ds. Wycombe.
Comes Sandwich. Ds. Grosvenor.
Comes Abingdon. Ds. Scarsdale.
Comes Cholmondeley. Ds. Boston.
Comes Abercorn. Ds. Lovel & Holland.
Comes Galloway. Ds. Sundridge.
Comes Loudoun.
Comes Dalhousie.
Comes Aberdeen.
Comes March.
Comes Marchmont.
Comes Rosebery.
Comes Oxford.
Comes Waldegrave.
Comes Fitzwilliam.
Comes Hardwicke.
Comes Fauconberg.
Comes Northington.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.
Viscount Maynard.

PRAYERS.

Lee against Ld. Vernon.

The Answer of the Right Honourable George Lord Vernon to the Appeal of Richard Lee Esquire, was this Day brought in.

Ld. Lovel and Holland takes the Oaths.

This Day John James Lord Lovel and Holland took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Duchess of Kingston, King’s Answer to Address for Guards on her Trial.

The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Wednesday last; and that His Majesty was pleased to say, “He would give Directions accordingly.”

Bonsall, &c. Enclosure Bill:

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Commons or Pieces of Waste Ground in the Parishes of Bonsall, Wirksworth, and Matlock, in the County of Derby.”

Ordered, That the said Bill be committed to the Consideration of the Lords following:

Ld. President. L. Abp. Canterbury. L. Le Despencer.
Ld. Privy Seal. L. Abergavenny.
D. Richmond. L. Bp. Durham. L. Willoughby Par.
L. Clifton.
D. Bolton. L. Bp. Ely. L. Cathcart.
D. Manchester. L. Bp. Worcester. L. Trevor.
D. Bridgewater. L. Bp. Litch. & Cov. L. Cadogan.
M. Rockingham. L. King.
Ld. Chamberlain. L. Monson.
L. Chedworth.
E. Huntingdon. L. Edgecumbe.
E. Suffolk. L. Sandys.
E. Denbigh. L. Bruce.
E. Peterborough. L. Ponsonby.
E. Sandwich. L. Hyde.
E. Abingdon. L. Mansfield.
E. Cholmondeley. L. Lyttelton.
E. Abercorn. L. Wycombe.
E. Galloway. L. Grosvenor.
E. Loudoun. L. Scarsdale.
E. Dalhousie. L. Boston.
E. Aberdeen. L. Lovel &Holland.
E. March.
E. Marchmont. L. Sundridge.
E. Rosebery.
E. Oxford.
E. Waldegrave.
E. Fitzwilliam.
E. Hardwicke.
E. Fauconberg.
E. Northington.
V. Montague.
V. Weymouth.
V. Falmouth.
V. Dudley & Ward.
V. Maynard.

Their Lordships, or any Five of them, to meet on Monday next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

King’s Consent signified to it.

The Lord Hyde, as Chancellor of the Dutchy of Lancaster, acquainted the House, “That His Majesty, having been informed of the Contents of the last mentioned Bill, was pleased to consent, (as far as His Majesty’s Interest is concerned), that their Lordships may proceed therein, as they shall think fit.”

Lee against Ld. Vernon.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Richard Lee Esquire is Appellant, and the Right Honourable George Lord Vernon is Respondent:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed.

American Colonies, to prohibit Trade with, &c. Bill:

The Order of the Day being read, for the Second Reading of the Bill, intituled, “An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, “to discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston, “in the Province of Massachusetts Bay;” and also Two Acts, made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons appointed. and authorized by His Majesty, to grant Pardons, and to issue Proclamations, in the Cases and for the Purposes therein mentioned.”

The said Bill was accordingly read a Second Time.

Moved, “To commit the Bill:”

Which being objected to:

After long Debate;

The Question was put thereupon, It was resolved in the Affirmative.

Protest on the Commitment of it.

DISSENTIENT.
“1st, Because this Bill, by considering the Colonies in America as a Foreign Nation, and declaring War on them in that Character, has a direct Tendency to effect an entire and (we fear) permanent Separation between the Two capital Parts of this Empire. It is new to behold a Nation making a Separation of its Parts by a Law, in Hopes of re-uniting them by a Treaty. The Sovereign Power has hitherto always regarded Rebellion as the criminal Act of Individuals, and not the Hostility of any great Collective Body of the Community. The Framers of this Bill admit the Principle in its full Force; although by all the Provisions they every where contradict it; for whilst the Clauses of the Bill consign all to Punishment, the Preamble only declares that many are guilty; the Legislature choosing to be considered rather as unjust to Particulars, than confess itself to be universally odious. The English on both Sides of the Ocean are now taught, by Act of Parliament, to look on themselves as separate Nations, Nations susceptible of general Hostility, and proper Parties for mutual Declarations of War, and Treaties of Peace. We are by this Act preparing their Minds for that Independance which we charge them with affecting; whilst we drive them to the Necessity of it by repeated Injuries.
“2dly, Because this Bill enables and encourages the Navy of England to make an indiscriminate Pray of the Property of English Subjects trading to or from the Colonies, (even of the Ships which lie quiet in the American Ports), without regarding whether that Property belongs to Friends or Enemies; to the Dutiful or to the Disobedient. This Plan of promiscuous Rapine (unworthy of the Wisdom and Decorum of Government) must compleat what yet remains to be compleated, of the Union in North America against the Authority of Parliament. Parliament, in this Bill, seems much more inclined to distress, than able or willing to protect. In North America the refractory and submissive may be blended together. In the West Indies all are innocent. But all are doomed to a much more severe and much more certain Punishment than falls upon the most guilty in North America. The whole Accommodation, if not the immediate Subsistence, of the West India Islands, depends on a commercial Connexion with the Continent, from which, by this Bill, they are expressly restrained. One of the chief and much the most plausible of the Complaints made last Year against the North American Colonies, was a Resolution on their Part to withhold Supply from the Sugar Plantations. But this Year we have made ourselves to adopt and sanctify that very conduce which we had painted to the World in such odious Colours. It must appear as if this Bill was purposely made against the West Indies; and left the People of the united Colonies might return to Sentiments of fraternal Affection, or from Motives of Self-interest, or from Impatience of so hard a Restraint, should disobey or elude the Orders of the Congress, and afford Relief to our innocent Planters in the West Indies, it seems as if an Act of the British Parliament came in Aid of that Authority, and provided that no Supply whatsoever shall be carried to the West Indies, contrary to the Resolution of the Congress.
“3dly, Because this Bill greatly exceeds in Violence the Pattern of Injustice which it seems to follow. In some Respects the Prohibition of the Congress materially differed from the Prohibition of this Bill: Theirs was not immediate. Time was given to the West Indies for Supply, both from America and other Places. No Confiscations were made. We, on the other Hand, have permitted the Trade from America, as long as it was necessary to save ourselves from Famine; and to enable the Colonists to pay their Debts. This Supply they have made plentifully, and many of these Debts they have discharged most honourably. In return for this, to us useful and honourable Behaviour, Ministry abusing the Bounty of Providence on the First Restoration of domestic Plenty, has fabricated a Bill for seizing American Vessels now trading under the Faith of an Act of Parliament; no Ship of theirs being suffered to return to its own Country, either from hence, or from the West Indies.
“4thly, Because the Bill, not satisfied with making predatory War upon the Trade of the Colonies, thinks it necessary to stimulate particular Avarice and Rapacity to an Activity in such Service, by rendering Captures bf North American Vessels and Goods the Property of the Captors. This Regulation is now, for the First Time by any regular Authority in this Kingdom, to be adopted in a Civil Contention. We consider this Method of holding out the Spoil of their Fellow-Citizens for the Reward of Alacrity in Civil Wars, as a Source of the most dangerous Corruption that can be conceived; in the First Instance to our Navy, and in its Consequence to our Army. A Number of bold enterprizing Men, trained to the Profession of Arms, with Fortunes to make, and Promotion to be obtained, are naturally Lovers of War. When they have once tasted of Emoluments from domestic Spoil, they will no longer look on the Commerce of England as an Object of Protection, but of Plunder. They will see the prosperous State of peaceful domestick Industry, not with Pleasure, but with Envy. They will be taught to with for those lucrative Civil Commotions, which they will always have the Means of provoking. Our Soldiers in the Land Service will see no Reason for their being distinguished from the Marine; and they will call for the Plunder of English trading Towns, when they see that the Seamen have been indulged in the Plunder of English trading Ships. It never can be safe for a State to hold out an Interest in disturbing it, to those who have the Sword in their Hand. The greatest Republick of which History gives us any Knowledge, was subverted by this Licence of domestick Plunder. We are perfectly assured, that the Navy of England wants no such unnatural and impious Encouragement towards the Performance of any Duty which their known publick Spirit, and yet uncorrupted Honour, may make it fit for them to perform. And it is no less on theirs, than on the publick Account, a Matter of the most serious Affliction to us, that a Service always looked upon (and hitherto most justly), not only without Fear or Jealousy, but with the most partial Affection m every Part of this Empire, should be unnecessarily exposed to the lasting Odium, which must attend those who are enriched from the Spoils of Citizens, amongst whom they may be obliged to spend their Lives, and form their Connexions. Civil Wars (when they must be made) should be made in such a Manner as not to render the Return to Peace and Cordiality impracticable. If the Spoil ordered by this Act had been left in the Crown, the Crown might use it as an Encouragement for a Return to Obedience, and as a Means of future Peace. It is now only a Provocation through Despair and Resentment, to perpetual Hostility. We cannot possibly discern how any necessary Operation of War is strengthened by this Disgrace of Legislature. But if the Arms now used should succeed so as to enforce a temporary and reluctant Obedience, we see but too well, that this Bill will leave such a Sting in the Minds of the Colonists, as to render our Government there hated and suspected, and therefore for ever precarious.
“5thly, Because this Bill, by anticipating all legal Judgement of the Offences of those whose Goods are forfeited, overturns one of the most excellent and profoundly considered Parts of that fundamental Law, the Declaration of Rights, which declares, “that all Grants of Fines and Forfeitures of particular Persons, before Conviction, are illegal and void.” This Provision is expressly made, left rapacious Ministers, scenting Confiscation, or rapacious Soldiers, allured by the Lust of Plunder, should be induced to forge or provoke Plots and Rebellions, in order to enrich themselves out of the publick Disorders.
“6thly, Because very extensive commercial Property of British Subjects (implicated by the Nature of commercial Intercourse with that of innocent Englishmen residing here) is to be taken out of the equitable Jurisdiction of the Common Law of England, and from that inestimable forthright of the Subjects of this Kingdom, a Trial by Jury, and carried to the Court of Admiralty, to be tried by a single Judge, on the Rules of an arbitrary foreign Law.
“7thly, Because the whole Scheme of this predatory War for private Lucre, is put under the arbitrary Direction of certain Commissioners to us unknown, even by Name; who have Power to give such Continuance to the Ravages authorized by this Bill, as their arbitrary Will shall suggest; to pardon, or except from Pardon; any Number or Description of Persons, and with such Exceptions as they shall see fit, without any other Rule than their own private Opinion, Fancy, Caprice, Favour, or Resentment; and without any other Rule to open or keep shut any Colony, Province, County, Town, District, or Place. We are of Opinion, that the Power left to the said Commissioners is perfectly unjustifiable and unconstitutional. It has, besides, a Tendency to create the most shameful and mischievous Monopolies. The Power given to the Admiralty and to the West India Governors, to license Ships, is of the same Nature. If such Monopolies and Jobs should not arise from such Powers, it is no Fault of this Bill, which, as if it had these Purposes in View, has taken special Care to provide as strong a Temptation as human Nature, set above Law and Restraint, and furnished with every Facility to Corruption, can possibly be exposed to.
“8thly, Because we know nothing of the Business of these Commissioners, further than the above arbitrary Discretion with regard to Pardons. Rumour gives out, that they are to have a Power to treat with the Americans for a Redress of their Grievances. Of this, however, neither the Speech from the Throne nor the Bill have given the least Intimation. Although, if the Commissioners treat on this Subject at all, Acts and Powers of Parliament being the Matter of Complaint, the Commissioners ought to derive some previous Authority from Parliament in order to give Weight and Efficacy to their Negotiations, and to preserve some Appearance of Dignity in ourselves. It is hardly proper, that Parliament should appear in no other Light than as the Instrument of penal Restrictions, Attainder, Penalties, and Confiscations; as the Maker of menacing Addresses, and the Rejector of dutiful Petitions. It is hardly decent to shew ourselves fierce and inflexible here, but to be satisfied with permitting unknown Persons whom Ministers shall chuse in future to appoint, to dispose, in America, of Powers and Acts of Parliament at their Pleasure; leaving us, First, the Odium of rejecting reasonable Requests, and afterwards the Disgrace of ratifying shameful Concessions.
“9thly, Because we reject, with Indignation, that Clause of this Bill which, by a Refinement in Tyranny, and in a Sentence worse than Death, obliges the unhappy Men who shall be made Captives in this predatory War, to bear Arms against their Families, Kindred, Friends, and Country; and After being plundered themselves, to become Accomplices in plundering their Brethren. If there exists a Doubt whether to justify the Infliction of capital Punishment on Desertion, it should be necessary to prove that a Seaman was a pressed Man or a Volunteer. The Object of this Clause is to deprive the American Seaman of the Plea of his being a pressed Man, as it declares “that he is to be considered, to all Intents and Purposes, as having entered voluntarily into the Service.” By this Clause, not only Common Seamen but Mailers of Vessels are, without Regard to Age or Circumstances, or Condition, to be ignominiously turned before the Mast, and subjected to the austere Discipline of the Boatswain. Persons, in that subordinate Station, not being animated with the liberal and ingenuous Spirit which distinguishes Officers in the Navy, and taught to consider these forced Volunteers as Rebels, will be but too apt to aggravate the Miseries of Captivity by Insult and Outrage. These Prisoners, among the Comrades they are obliged to live and serve with, may, very probably, be often forced to behold the Spoils of their honest Industry, and the natural Support of their sober Families, squandered in Riot and profligate Debauchery before their Faces. This we look upon as the last Degree of Wretchedness and Indignity to which human Nature can be subjected. This Cruelty, unknown to the moil savage Nations, is to be practised by Englishmen. on Englishmen. It has been said in Parliament, that the Pay the Prisoners are to receive is to be considered as a full Compensation for the Principles they are obliged to violate. We do not envy any One that Sentiment. An Attempt is also made to justify it by the supposed Right of pressing; we cannot conceive that the Burthens of Subjection ought ever to be imposed where the Protection belonging to it is denied; or that a Man can ever be despoiled of his Goods as a Foreign Enemy, and at the same Time obliged to serve the State as a Citizen. This Compulsion we have never heard to be practised on any Prisoners in War or in Rebellion; nor do we know any Example of it, except among Pirates; the Outlaws and Enemies of human Society.
“10thly, Because a Bill so unprecedented in its Nature, and so important in its Consequences, is brought in at a Time of Year, when, by Experience, it is known, that most of the independent Members of both Houses are called away by their Domestic Affairs, and when few but those in the immediate Pay of the Court, and attending on their Employments, are in Town. This we conceive to be done in order to impress the Publick with a delusive Idea, that those Measures are agreeable to greater Numbers in both Houses, than in Reality they are.
“The only Part of this Bill which we approve, is the Repeal of the unjust and improvident Acts which have produced all the evil Effects we had foreseen, and none of the Good which was pretended as the Ground for making them; Acts, as unfit for, as incapable of, Execution. But, to our inexpressible Grief, and to the Disgrace of the publick Counsels of this Kingdom, Ministers, untaught by Misfortunes, and unchecked by Disappointments, at the very Instant they are obliged to demolish the old Fabrick of their Oppression, as useless and mischievous, are building up another on nearly the same Model, and with the same Materials, adding only something more of that Injustice and Violence which have always proved mischievous in Proportion as they have been augmented:
Abergavenny.
Rockingham.
Manchester.
Abingdon.
Richmond.
Ponsonby.
Fitzwilliam.
Chedworth.

Ordered, That the said Bill be committed to a Committee of the whole House.

Ordered, That the House be put into a Committee upon the said Bill on Monday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum octavum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 18o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Duresm. Ds. Willoughby Par.
Ds. Cathcart.
Epus. Eliens. Comes Gower, Præses. Ds. Trevor.
Epus. Wigorn. Comes Dartmouth, C. P. S. Ds. Edgecumbe.
Epus. Litch. & Cov. Ds. Sandys.
Dux Manchester. Ds. Ponsonby.
Dux Bridgewater. Ds. Hyde.
March. Rockingham. Ds. Lyttelton.
Ds. Wycombe.
Comes Huntingdon. Ds. Scarsdale.
Comes Suffolk. Ds. Boston.
Comes Denbigh. Ds. Sundridge.
Comes Sandwich.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Aberdeen.
Comes Waldegrave.
Comes Faucenberg.
Comes Northington.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Glascott et al. against Wigmore.

The Answer of Nathaniel Wigmore to the Appeal of Ann Glascott Widow, and others, was this Day brought in.

Bonsall, &c. Enclosure Bill.

The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, “An Act for dividing and enclosing certain Commons or Pieces of Waste Ground in the Parishes of Bonsall, Wirksworth, and Matlock, in the County of Derby,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

D Ancaster’s Petition referred to Judges.

Upon reading the Petition of the Most Noble Peregrine Duke of Ancaster and Kesteven Lord Great Chamberlain of England, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Blackstone, who are forthwith to summon all Parties concerned in the Bill; and, After hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who 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.

Bonsall, &c. Enclosure Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Commons or Pieces of Waste Ground in the Parishes of Bonsall, Wirksworth, and Matlock, in the County of Derby.”

The Question was put, “Whether this Bill shall pass?”

It was resolved in the Affirmative.

Message to H. C that the Lords have agreed to it.

A Message was ordered to be sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

Hutchinson against Gamble et al. Pleadings proved.

The House being informed, “That William Davis Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in, the Cause wherein the Right Honourable John Hely Hutchinson Doctor of Laws is Appellant, and William Gamble and others are Respondents:”

He was called in; and delivered the same at the Bar, and attested upon Oath, “they were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

American Colonies, to prohibit Trade with, &c. Bill.

The Order of the Day being read for the House, to be put into a Committee upon the Bill, intituled, “An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Maryland Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, “to discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston, in the Province of Massachusetts Bay;” and also Two Acts, made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons appointed and authorized by His Majesty, to grant Pardons, and to issue Proclamations, in the Cases and for the Purposes therein mentioned.”

It was moved, “That the House be put into a Committee upon the said Bill, on the First Day of Meeting after” the Recess at Christmas.”

Which being objected to:

After Debate;

The Question was put thereupon ?

It was resolved in the Negative.

Then the House was adjourned during Pleasure, and put into a Committee upon the said Bill:

After some Time the House was resumed:

And the Lord Scarsdale reported from the Committee, “That they had gone through the Bill, and made several Amendments thereto, which he was ready to report when the House will please to receive the same.”

Ordered, That the said Report be received Tomorrow.

Duchess of Kingston, her Physicians to attend.

Ordered, That Doctor Richard Warren Physician to the King, Doctor Isaac Schomberg Physician, and Doctor Nicolaus Detleff Falck Physician, and such other Physicians (if any) as have attended Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), since the 11th Day of this instant December, do attend this House on Wednesday next, in order to their being examined in relation to her State of Health.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 19o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Litch. & Cov. Ds. Willoughby Par.
Ds. Cathcart.
Comes Gower, Præses. Ds. Trevor.
March. Rockingham. Ds. Hyde.
Comes Denbigh. Ds. Scarsdale.
Comes Sandwich.
Comes Abercorn.
Comes Loudoun.
Comes Waldegrave.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Crang et Ux. against Adams.

The Answer of John Adams the younger, Esquire, to the Appeal of John Crang and Mary his, Wife, was this Day brought in:

Sir John Eden et al. against, E. Bute et al.

As was also, The joint and several Answer of the Right Honourable John Earl of Bute and others, to the Appeal of Sir John Eden Baronet and others:

American Colonies, to prohibit Trade with, &c. Bill.

The Lord Scarsdale (according to Order) reported the Amendments made by the Committee of the whole House, to the Bill, intituled, “An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, “to discontinue the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston in the Province of Massachusetts Bay;” and also Two Acts, made in the last Session of Parliament, for restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons appointed and authorized by His Majesty, to grant Pardons, and to issue Proclamations, in the Cases and for the Purposes therein mentioned.”

The said Amendments were read by the Clerk, as follow; (videlicet),
“Pr. 35. L. 29. Leave out [“hath”], and insert [“shall have”].

“L. 31. After [“Ireland”], insert [“before the First Day of January One thousand seven hundred and seventy-six”].
“L. 35. After [“be”], insert [“so”].
“L. ult. After [“of”], insert [“the Owners of”].
“Pr. 36. L. 1. Leave out [“the Property of”].
“L. 5. Leave out from [“Colonies”] to the End of the Clause, and instead thereof insert, [“nor to any Ship or Vessel, or the Cargo thereof, which shall be cleared out from any Port in Great Britain or Ireland after the Twentieth Day of January One thousand seven hundred and seventy-six, and shall be bound to any of the said British Sugar Colonies, or which shall be cleared out after the Twenty-fifth Day of March One thousand seven hundred and seventy-six, from the said British Sugar Colonies, and shall be bound to Great Britain or Ireland, in case it shall appear by the Oath or Affirmation of One or more of the Owners of such Ship or Vessel, to be indorsed on the Register thereof, to be taken before the Collector or other principal Officer of the Customs at the Port or Place where, such Ship or Vessel shall be cleared out, (which Oath or Affirmation such Collector, or other principal Officer of the Customs, is hereby authorized and required to administer), that Two Thirds, at least, of such Ship or Vessel are the Property of His Majesty’s Subjects, residing in Great Britain or Ireland, or in some of the said British Sugar Colonies or Plantations”].
L. 9. Before [“Provided”], insert [“Clause A”].
“And whereas many and large Debts are now due from the Inhabitants of the North American Colonies herein-before mentioned, to divers of His Majesty’s good and loyal Subjects residing in Great Britain, Ireland, and the British Plantations in the West Indies, and many of such good and loyal Subjects may have Estates and Effects in some of the said North American Colonies: And whereas Goods and Merchandize have been or may be shipped or laden in the said Colonies for and on Account of such Debts, Estates, or Effects, and other Goods and Merchandize may be laden there, and sent from thence in consequence of Orders given for that Purpose: Be it therefore enacted by the Authority aforesaid, That nothing in this Act contained shall extend, or be construed to extend, to any Ship or Vessel which shall have cleared out and failed from any of the said Colonies for Great Britain, Ireland, or any of the British Plantations in the West Indies, on or before the First Day of January One thousand seven hundred and seventy-six, nor shall extend, or be construed to extend, to forfeit any Goods or Merchandize, or Effects, which shall be laden or shipped on board any Ship or Vessel in any of the said North American Colonies, on or before the Twenty-fifth Day of March One thousand seven, hundred and seventy-six, as a Remittance to any of His Majesty’s Subjects residing in Great Britain, Ireland, or the British Colonies or Plantations in the West Indies, for or on Account of any such Estates, Effects, or Debts, or in consequence of any orders given for that Purpose before the Twenty-First Day of December One thousand seven hundred and seventy-five, provided Proof thereof shall be made on Oath of the Parties to whom such Goods, Merchandize, or Effects, shall be consigned, or otherwise, to the Satisfaction of the Judge or Court before whom any Seizure of such Goods, Merchandize, or Effects, shall be depending; any Thing herein contained to the contrary notwithstanding.

“L. 9. Leave out [“also”], and insert [“always”].
“L. 22. After [“which”], insert [“on or”].
“L. 22 & 23. Leave out [“passing of this Act”], and insert [“First Day of January 1776”].
“L. 26. After [“which”], insert [“on or”].
“L. 27. Leave out [“passing of this Act”], and “insert [“said First Day of January 1776”],
“L. 28. Leave out [“or Lading”].
“L. 34 & 35. Leave out [“at the Time of the passing of this Act”], and insert [“on the First Day of January 1776”].
“Pr. 37. L. 11. Leave out [“June”] and insert [“December”].
“Pr. 39. L. 38. Leave out [“passing of this Act”], and insert [“First Day of January 1776”].
Pr. 40. L. 6. After [“Shall”], insert [“except in the Cases herein-before mentioned”].
“L. 8. Leave out [“passing of this Act”], and insert [“First Day of January 1776”].
“L. ult. Leave out [“thereto”].
“Pr. 41. L. 3, 4, & 5. Leave out [“with such Exceptions therefrom as shall seem fit and reasonable, and also”].

“In the title of the Bill:

“L. 15 & 16. After [“enable”], leave out [“His Majesty, or”].

“L. 17. After [“Pardons”], leave out [“and”].”

And the said Amendments, being read a Second Time, were, severally, agreed to by the House.

Ordered, That the said Bill be read the Third Time To-morrow; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum diem instantis Decembris, hora andécima Auroræ, Dominis sic decernentibus.

Die Mercurii, 20o Decembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Londin. Ds. Willoughby Par.
Ds. Cathcart.
Epüs. Eliens. Comes Gower, Præses. Ds. Trevor.
Epus. Raffen. Comes Dartmouth, C. P. S. Ds. Masham.
Epus. Litch. & Cov. Ds. Cadogan.
March. Rockingham. Ds. Sandys.
Comes Huntingdon. Ds. Bruce.
Comes Suffolk. Ds. Ponsonby.
Comes Sandwich. Ds. Vere.
Comes Abercorn. Ds. Hyde.
Comes Galloway. Ds. Mansfield.
Comes Loudoun. Ds. Lyttelton.
Comes Aberdeen. Ds. Wycombe.
Comes Rosebery. Ds. Grosvenor.
Comes Waldegrave. Ds. Boston.
Comes Fauconberg. Ds. Sundridge.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Duchess of Kingston, Dr. Warren examined, and Trial put off.

The Order of the Day being read for the Attendance of Doctor Warren Physician to the King, Doctor Schomberg Physician, and Doctor Falck Physician, and such other Physicians (if any) as have attended Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), since the Eleventh Day of this instant December:

The House was informed, “That the said Physicians were attending, as ordered:”

Whereupon, Doctor Warren, Physician to His Majesty, was called in; and being sworn, acquainted the House, That he attended the Duchess of Kingston this Morning, and every Day since he had the Honour of attending at their Lordships Bar; that her Health is much improved; that die Effects of her late Disorder are gone; and that if no new Complaint should arise, or a Return of her old one, which he has no Reason to expect, she may attend at their Lordships Bar on the 24th Day of January next.”

He was directed to withdraw.

Ordered, That the Trial of Elizabeth calling herself Duchess Dowager of Kingston, indicted by the Name of Elizabeth die Wife of Augustus John Hervey Esquire, (now Earl of Bristol, and One of the Peers of this Realm), which stands appointed for Wednesday the 24th Day of January next, be put off to Wednesday the 28th Day of February next; and that the Judges do then attend.

Ordered, That the Lord Chancellor do write Letters to all the Lords, to acquaint them therewith; and that the House expects their Attendance on that Day.

American Colonies, to prohibit Trade with, &c. Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, “An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia, during the Continuance of the present Rebellion within the said Colonies respectively; for repealing an Act, made in the Fourteenth Year of the Reign of His present Majesty, “to discontinue the landing and discharging, lading or Shipping, of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston, in the Province of Massachusetts Bay;” and also Two Acts, made in the last Session of Parliament, for Restraining the Trade and Commerce of the Colonies in the said Acts respectively mentioned; and to enable His Majesty, or any Person or Persons appointed and authorized by His Majesty, to grant Pardons, and to issue Proclamations, in the Cases and for the Purposes therein mentioned;” and for the Lords to be summoned:

The said Bill was accordingly read the Third Time.

It was moved, “That the said Bill, with the Amendments, do pass ?”

Which being objected to:

After short Debate;

The Question was put, “Whether this Bill, with the Amendments, shall pass?”

It was resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was ordered to be sent to the House of Commons, by Mr. Leeds and Mr. Pepys:

To return the said Bill, and acquaint them, That the Lords have agreed to the same, with some Amendments, to which their Lordships desire their Concurrence.

Peirson’s Petition referred to Judges.

Upon reading the Petition of James Bradshaw Peirson, of Stokesley, in the County of York, Esquire, on Behalf of himself and of James Bradshaw Peirson, Victorio William Peirson, and Anthony Peirson, Children of the said Petitioner James Bradshaw Peirson, all Infants under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill, and After hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.