Journal of the House of Lords Volume 34, 1774-1776. Originally published by His Majesty's Stationery Office, London, 1767-1830.
This free content was digitised by double rekeying. All rights reserved.
'House of Lords Journal Volume 34: November 1775, 11-20', in Journal of the House of Lords Volume 34, 1774-1776, (London, 1767-1830) pp. 506-513. British History Online https://www.british-history.ac.uk/lords-jrnl/vol34/pp506-513 [accessed 23 April 2024]
In this section
Die Lun, 13o Novembris 1775.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS
Cuthbert against Mackenzie and Paterson;
After hearing Counsel this Day upon the Petition and Appeal of James Cuthbert of Farnese, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 27th of July and 10th of August 1774, and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Ann Mackenzie and Richard Paterson her Husband, for his Interest, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:
Interlocutors affirmed with Costs.
It is Ordered and Adjudged by the Lords Spiritual and Temporal, in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and. that the said Interlocutors therein complained of be, and the same are hereby affirmed: And it is further Ordered, That the Appellant do pay, or cause to be paid to the said Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.
Lloyd to enter into Recognizance on Sir John Eden et al. Appeal.
The House being moved, That Thomas Lloyd of Grays Inn, Gentleman, may be permitted to enter into a Recognizance for Sir John Eden Baronet, and others, on Account of their Appeal depending in this House, they residing in the Country:
It is Ordered, That the said Thomas Lloyd may enter into a Recognizance for the said Appellants, as desired.
Moiling and Bindheisesens Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Frederick Moiling and John George Bindheisen.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
Their Lordships, or any Five of them, to meet on Thursday next, at Ten oClock in the Forenoon, in the Princes Lodgings, near the House of Peers; and to adjourn as they please.
Balemanns Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Peter Henry Balemann.
Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named.
Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.
Lords summoned.
Ordered That all the Lords be summoned to attend the Service of the House on Wednesday next.
Westminster Bridge Accounts delivered.
The House being informed, That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:
He was called in; and delivered at the Bar, pursuant to Acts of Parliament, Two Books, containing
A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 13th Day of December 1774, to the 7th Day of November 1775, inclusive.
Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1774, to the 10th Day of October 1775; together with a Rent Roll; and an Account of Bridge Rents received from the 5th Day of July 1774, to the 5th Day of July 1775.
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Causes put off.
Ordered, That the Hearing of the Cause, wherein Arthur Cope Esquire is Appellant, and John Rose and others are Respondents, which stands appointed for Wednesday next, be put off to Friday next; and that the Rest of the Causes be removed in course.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse unique ad et in diem Mercurii, decimum quintum diem instantis. Novembris, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 15o Novembris 1775.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Macdowall against Sir William More et al.
The Answer of Sir William More Baronet, and others, to the Appeal of Elizabeth Macdowall Widow, was this Day brought in.
Barker to enter into Recognizance on Glascott et al. Appeal.
The House being moved, That Henry Barker of, Grays Gentleman, may be permitted to enter into a Recognizance for Ann Glascott Widow, and others, on Account of their Appeal depending in this House, they residing in Ireland:
It its Ordered, That the said Henry Barker may enter into a Recognizance for the said Appellants, as desired.
Urquhart enter into Recognizance en Allan and Smiths Appeal.
The House being moved, That David Urquhart of Grays Inn, Gentleman, may be permitted to enter into a Recognizance for Jane Allan and Donald Smith her Husband, on Account of their Appeal depending in this House, they living in Scotland:
It is Ordered, That the said David Urquhart may enter into a Recognizance for the said Appellants, as desired.
Macdowall against Sir William More et al.
The House being moved, That a Day may be appointed for hearing the Cause, wherein Elizabeth Macdowall Widow is Appellant, and Sir William More Baronet and others are Respondents:
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.
Petitions for private bills. Time limited for receiving.
Ordered, That no Petition for a private Bill be received after Friday the 16th Day of February next.
The Order of the Day being read for the Lords to be summoned:
North America, Address for State of Land Forces in.
It was moved, That an humble Address be presented to His Majesty, to desire, that He will be graciously pleased to direct the proper Officers to lay before this House, the State of the Land Forces in North America, according to the last Returns, which preceded the Commencement of Hostilities there in April last, specifying as well the Numbers of Officers and Men effective and fit for Duty; as also their Distribution at that Time, with the Numbers Rationed at each Post; and likewise the Numbers of Land Forces, both of compleat Regiments, of Drafts from other Corps, and of Recruits sent to America since that Time from different Parts of the Kings Dominions, specifying the Dates of the different Orders for each separate Embarkation.
Which being objected to:
After long Debate;
The Question was put thereupon?
It was resolved in the Negative.
Army at Boston, Address for Account of the Officers and Men in.
Then it was moved, That an humble Address be presented to His Majesty, to desire, that His Majesty would be graciously pleased to direct the proper Officers to lay before this House, An Account of the Officers and Men effective and fit for Duty in the Army in and about Boston, according to the latest Return, together with the Date of that Return.
Which being objected to:
The Question was put thereupon?
It was resolved in the Negative,
American Colonies, Address for Account of Forces they will be able to raise.
Then it was moved, That an humble Address be presented to His Majesty, to desire, that He would be graciously pleased to communicate to this House, such an Account as may best be depended upon, of the Force which the Colonies will be able to bring into the Field against His Majestys Forces in those Parts, in order that we may be better grounded in the humble Advice, which it is our Duty to offer to His Majesty on the present alarming Crisis.
Which being objected to:
The Question was put thereupon?
It was resolved in the Negative.
Army, Address for Returns of, in Great Britain and Ireland.
Ordered, That an humble Address be presented to His Majesty, to desire, That He will, be graciously pleased to give Directions, that there be laid before this House, Copies of the last Returns of the State of the several Regiments in Great Britain and Ireland
Ordered, That the said Address be presented to His Majesty, by the Lords with White Staves:
Ordnance, &c. sent to America, Address for Account of,
Then it was moved, That an humble Address be presented to His Majesty, to desire, that He will be graciously pleased to give Directions, that there be laid before this House, An Account of all Artillery Ordnance, Arms, Military Stores of all Kinds, issued for the Land Service of America, since August 1773 to October 1775, both inclusive, distinguishing each Kind, and the Value thereof:
Which being objected to:
The Question was put thereupon?
It was resolved in the Negative.
Malt Bill.
A Message was brought from the House of Commons, by Sir Grey Cooper, and others:
With a Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six; to which they desire the Concurrence of this House.
The House was moved, That the said Bill be now read a First Time.
Which being objected to:
The Question was put thereupon?
It was resolved in the Affirmative.
Then the said Bill was read a First Time.
Adjourn
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse unique ad et in diem Jovis, decimum sextum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 16o Novembris 1775.
Domini tam Spirituales quam Temporalis prsentes fuerunt:
PRAYERS;
Molling ard Bmdheisens Nat. Bill.
The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Frederick Molling and John George Bindheisen, was committed, That they had considered the said Bill, and examined the Allegations thereof, which were sound to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Balemanns Nat. Bill.
The Lord Scarsdale made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Peter Henry Balemann, was committed.
Duchess of Kingston, Indictment returned.
The House being informed, That the Indictment sound against Elizabeth, calling herself Duchess Dowager of Kingston, by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, for Bigamy, was returned into this House.
The same was read by the Clerk.
Then it was moved, That an Entry in the Journal of the 27th of March 1775, of the present Earl of Bristols First fitting in Parliament, might be read.
The same was accordingly read by the Clerk.
Then Mr. Elboro Woodcock was called in, and being examined, acquainted the House, That the only Prosecutors of the said Elizabeth, calling herself Duchess Dowager of Kingston, are Philip Meadows the Elder, of Richmond, in the County of Surry, Esquire, and Lady Frances his Wife.
Being asked if he knows, That there was a Sentence pronounced in the Ecclesiastical Court in a Cause of Jactitation of Marriage between the present Earl of Bristol and the said Elizabeth, calling herself Duchess Dowager of Kingston, and that the same was pleaded in the Court of Chancery?
Said, He does; and that no Step has been taken in the Ecclesiastical Court to set it aside.
Being asked, If the Prosecutors had taken any Step to bring the Indictment before this House?
Said, No.
Being asked, If the Prosecutors intend to carry on the Prosecution?
Said, They do.
He was directed to withdraw.
Then Mr. Field, Agent for the said Elizabeth, calling herself Duchess Dowager of Kingston, was called in, and, at the Bar, produced A Copy of a Recognizance, The King against The Duchess of Kingston.
And the same having been read:
He was directed to withdraw.
Lords Summoned.
Ordered, That all the Lords be summoned to attend the Service of the House on Monday next
Longlands to enter into Recognizance on shorts Appeal.
The House being moved, That Thomas Longlands Gentleman, may be permitted to enter into a Recognizance for Thomas Short Optician, on Account of his Appeal depending in this House, he being in the Country:
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six.
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 To-morrow.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse unique ad et in diem Veneris, decimum septimum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 17o Novembris 1775.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Molling and Bindheisens Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Frederick Moiling and John George Bindheisen
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Balemanns Nat. Bill:
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Peter Henry Balemann.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Messages to H. C. that the Lords have
And Messages were, severally, sent to the House of Commons by Mr, Cuddon and Mr. Montagu:
agreed to the Two preceding Bills.
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Malt, &c Bill.
The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six.
It was moved, That the House be put into a Committee upon the said Bill:
Which being objected to:
The Question was put thereupon?
It was resolved in the Affirmative.
Then the House was adjourned during Pleasure, and put into a Committee thereupon:
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 same to the House, without any Amendment.
Cope against Rose et al.
Ordered That the Hearing of the Cause wherein Arthur Cope Esquire is Appellant, and John Rose and others are Respondents, which stands appointed for this Day, be put off to Tuesday next.
Causes put off.
Ordered, That the Hearing of the Cause wherein Dunbar Earl of Selkirk is Appellant, and Archibald Douglas of Douglas, Esquire, and others, are Respondents, which stands appointed for Monday next, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.
Buckworth and Blencowes Petition referred to Judges.
Upon reading the Petition of the Reverend Everard Brickworth Doctor of Laws, Prebendary of the Prebend of Marston Saint Lawrence, in the County of Northampton, in the Cathedral Church of Lincoln, and John Blencowe of Marston Saint Lawrence aforesaid, Esquire, 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 Mr. Justice Willes and Mr. Justice Nares, 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.
Lee to receive Appeal though out of Time:
A Petition of Richard Lee, of Clytha in the County of Monmouth, Esquire, was presented and read; setting forth, That the Petitioner Ordered his Solicitor to prepare the Necessaries for appealing to their Lordships from an Order of the Court of Exchequer of the 19th of June 1775, dismissing the Petitioners Bill without Costs, so as to have his Cause heard this present Session of Parliament; and accordingly, his said Solicitor prepared an Appeal, and got it signed by Counsel, ready to present the same; but the Petitioner finds, from his said Solicitor, that he was, as well as the Petitioner, entirely ignorant, till Yesterday, of their Lordships Standing Order, requiring Appeals to be presented within Fourteen Days from the First Day of every Session or Meeting of Parliament, on which Day he was informed of their Lordships said Order; and therefore praying, Their Lordships, under the Circumstances of this Case, they will be pleased to receive his said Appeal, notwithstanding the Time limited for that Purpose is expired.
And thereupon the Agent was called in, and heard at the Bar:
And being withdrawn:
Ordered, That the Petitioner be at Liberty to present his said Appeal, as desired.
Accordingly,
Lee against Ld. Vernon.
Upon reading the Petition and Appeal of Richard Lee Esquire, complaining of an Order of the Court of Exchequer, of the 19th of June 1775, dismissing the Petitioners Bill, without Costs; and praying, That the fame may be reversed; and to pronounce such Decree as prayed by his said Bill, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that George Lord Vernon may be required to answer the said Appeal:
It is Ordered, That the said George Lord Vernon may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 1st Day of December next; and Service of this Order upon the said Respondents Solicitor, or Clerk in Court in the said Court of Exchequer, shall be deemed good Service.
Malt Bills:
The House was moved, That the Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six, be now read the Third Time:
Which being objected to:
The Question was put thereupon?
It was resolved in the Affirmative.
Hodie 3a vice lecta est Billa, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six.
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 the former Messengers:
To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.
Adjourn.
Dominus Cancellarius declaravit prsens Parliament turn continuandum esse usque ad et in diem Lun, vicesimum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.
Die Lun, 20o Novembris 1775:
REX.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
Hooper et Ux. against Kennedy.
The Answer of Gilbert Kennedy Doctor in Physick, to the Appeal of Thomas Hooper Doctor in Physick, and Mary his Wife, was this Day brought in.
The King. Answer to Address, reported.
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.
The House was adjourned during Pleasure, to robe.
The House was resumed.
The King present.
His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes),
commanded the Gentleman Usher of the Black Rod to let the Commons know, It is His Majestys Pleasure they attend Him immediately in this House.
Who being come, with their Speaker:
He, after a Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that, and the other Bills to be passed, severally, as follow; (videlicet).
Bills passed.
1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-six.
To this Bill the Royal Assent was pronounced, by the Clerk Assistant, in these Words; (videlicet,)
Le Roy remercie set bons Sujets, accepte leur benevolence, et amsi lc veult.
2. An Act for naturalizing Frederick Moiling and John George Bindheisen.
3. An Act for naturalizing Peter Henry Balcmann.
To these Bills the Royal Assent was pronounced, by the Clerk Assistant, severally, in these Words; (videlicet),
Sort fait comme il est defir.
Then His Majesty was pleased to retire.
And the Commons withdrew.
The House was adjourned during Pleasure, to unrobe.
The House was resumed.
Ten Broekes Nat. Bill
A Message was brought from the House of Commons, by Mr. Elwes, and others:
With a Bill, intituled, An Act for naturalizing Anthony Ten Broeke; to which they desire the Concurrence of this House.
Fushss Nat. Bill.
A Message was brought from the House of Commons, by Mr. Elwes, and others:
With a Bill, intituled, An Act for naturalizing John Martin Fushs; to which they desire the Concurrence of this House.
Rougemonts Nat. Bill.
A Message was brought from the House of Commons, by Mr. Elwes, and others:
With a Bill, intituled, An Act for naturalizing Francis Anthony Rougemont; to which they desire the Concurrence of this House.
The said Three Bills were, severally, read the First Time.
Hutton to enter into Recognizance on Lees Appeal.
The House being moved, That Francis Hutton of Grays Inn, Gentleman, may be permitted to enter into a Recognizance for Richard Lee Esquire, on Account of his Appeal depending in this House, he being in the Country:
It is Ordered, That the said Francis Hutton may enter into a Recognizance for the said Appellant, as desired.
Whale Fishery, Account of Ships from Scotland employed in, delivered.
The House being informed, That Mr. Rowe, from the Commissioners of the Customs in Scotland, attended:
He was called in; and delivered at the Bar,
An Account of what Number of Ships from Scotland have been employed in the Whale Fishery, to Daviss Streights and the Greenland Seas, with their respective Names and Burthens, from whence fitted out, and at what Port they were discharged; also what Quantity of Oil and Whale Fins each Ship has imported from the 10th of October 1774, to the 10th of October 1775:
America, West Indies, and Scotland, Account of Exports and Exports to and from, delivered.
Also, An Account of the Value of Exports and Imports to and from North America and Scotland, from Christmas 1739 to Christmas 1773, distinguishing each Colony and Year, and British Goods, Wares, and Merchandize, from Foreign:
And also, An Account of the Value of Exports and Imports to and from the West Indies and Scotland, from Christmas 1739 to Christmas 1773, distinguishing each Island and Year, and British Goods, Wares, and Merchandize, from Foreign.
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
E Selkirk against D. Hamilton et al.
A Petition of Dunbar Earl of Selkirk, Appellant in a Cause depending in this House, to which the Duke of Hamilton and others are Respondents, which stands appointed for hearing, was presented and read; setting forth, That this Cause is of great Extent, and in it some of the most important Points of the Law of Scotland will come to be settled by their Lordships Judgement; that the Petitioner engaged Andrew Crosbie Esquire, for his Scotch Counsel, to argue this Cause before their Lordships, who was attending in London at the End of last Session of Parliament; but the Term of the Court of Session now fitting, the Petitioner is deprived of the necessary Assistance of his Scotch Counsel; that as the Respondent is in Possession of the Estates in Dispute, and can suffer nothing by Delay, and as their Lordships have been pleased in such Circumstances to grant a Delay; the Petitioner, therefore, humbly prays their Lordships, To put off the Hearing of this Cause to Wednesday the 20th Day of March next, or to such other Day, in the present Session, as to their Lordships shall seem proper.
And thereupon, the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn:
Ordered, That the Hearing of this Cause be put off to Wednesday the 20th Day of March next, as desired.
The Order of the Day being read for the Lords to be summoned:
Duchess of Kingstons Trial appointed, and Order made relative thereto.
Ordered, That the Trial of Elizabeth, calling herself Duchess Dowager of Kingston, upon an Indictment found against her 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 Monday the 18th Day of December next, at Eleven oClock in the Forenoon, at the Bar of this House; and that all the Judges do then attend.
Ordered, That all the Lords are to sit in their Robes, and in their due Place.
Ordered, That the Door next the Gentleman Usher of the Black Rods Seat be kept locked during the Sitting of the House upon the said Trial.
Ordered, That the Serjeant at Arms be within the House to make Proclamations, which are to be made in the Kings Name.
Ordered, That if any Doubt shall arise during the said Trial, no Debate shall be had thereupon, till the Counsel and Witnesses, and the said Elizabeth, calling herself Duchess Dowager of Kingston, be first withdrawn.
Ordered, That the Lobby, and the Black Rods Room next adjoining, be kept for the said Elizabeth, calling herself Duchess Dowager of Kingston.
Ordered, That the House be called over every Day during the Trial.
Adjourn.
Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.
Die Martis, 28o Novembris 1797.
Hitherto examined by us,
F. Bristol.
Napier.
Walsingham.