House of Lords Journal Volume 34
November 1775, 21-30

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History of Parliament Trust

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1767-1830

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513-520

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'House of Lords Journal Volume 34: November 1775, 21-30', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 513-520. URL: http://british-history.ac.uk/report.aspx?compid=113691 Date accessed: 30 October 2014.


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Contents

Die Martis, 21o Novembris 1775.
Cope against Rose et al. Williams for a Divorce Bill. Fushs’s Nat. Bill. Rougemont’s Nat. Bill. Ten Broeke’s Nat. Bill. Adjourn. Cope against Rose et al.: Decretal Orders affirmed with Costs. E. Strathmore et al. Petition referred to Judges. Duchess of Kingston’s Trial, Ld Chancellor to write Letters to the Lords for their Attendance at. Fushs’s Nat. Bill. Rougemont’s Nat. Bill. Ten Broeke’s Nat. Bill. Adjourn. Die Veneris, 24o Novembris 1775.
Greig et al. against Bruce Carstairs: Interlocutors affirmed. Duchess of Kingston’s Trial, Orders made. Writs of Error delivered: Cooke against Cocks: Jacobs against Ireland. Boyd against Russell: Appeal withdrawn. Williams’s Divorce Bill. Fushs’s Nat. Bill: Message to H. C. that the Lords have agreed to it. Ten Broeke’s Nat. Bill Rougemont’s Nat. Bill. Adjourn. Die Lunæ, 27o Novembris 1775.
Land Tax Bill. Militia, for assembling in Cases of Rebellion, &c. Bill. Hanoverian Troops, to indemnify Persons who advised fending them to Gibraltar, &c. Bill. Ld. Clare and Mr. Ellis, to qualify as Vice Treasurers of Ireland, Bill. Rongemont’s Nat Bill. Ten Broeke’s Nat. Bill: Message to H. C. that the Lords have agreed to the Two preceding Bills. Mutiny Bill. Blake against Petrin and Vaughan, Writ of Error. Hooper et Ux. against Kennedy. Adjourn. Die Martis, 28o Novembris 1775.
Land Tax-Bill. Militia, for assembling in Cases of Rebellion, &c. Bill. Hanoverian Troops, to indemnify Persons who advised fending them to Gibraltar, &c. Bill. Mutiny Bill. Ld. Clare and Ld. Ellis to qualify as Vice Treasurers of Ireland, Bill. Sir Edward Hales, Petition referred to Judges. Adjourn. Die Mercurii 29o Novembris 1775.
Hutchinson against Gamble et al. Ld. Clare and Ld. Ellis to qualify as Vice Treasurers of Ireland, Bill. Macdowal et al against Mackie. Hutchinson against Gamble et al. Gray et al. against Annand and Col-quhoun. Land Tax Bill. Militia, for assembling, in Cases of Rebellion on, &c. Bill. Gilbraltar, &c. Bill. Hanoverian Troops, to indemnify Persons who advised sending them to Gibraltar, &c. Bill. Mutiny Bill. Lennox, Earldom of, Petition of Mr. Lennox claiming. Cust and Lothian against Carron Company. Nissen and Marwœde’s Nat. Bill. Newcastle upon Type, &c Road Bill. Adjourn. Die Jovis, 30o Novembris 1775.
Writs of Error delivered: Brown against Gardner: Vanderheyden against Shepherd: Cox against Cox: Palmer against Ward. Land Tax Bill: Message to H. C. that the Lords have agreed to it. Militia, assembling of, in Cases of Rebellion, &c. Bill: Message to H C. that the Lords have agreed to it. Hanoverian Troops, to indemnify Persons who advised sending them to Gibraltar, &c. Bill. Mutiny Bill: Ld. Clare and Mr. Ellis to qualify as Vice Treasurer of Ireland, Bill: Messages to H C. that the Lords have agreed to the Two preceding Bills. Nissen and Marwœde’s Nat. Bill. Newcastle upon Tyne, &c. Road Bill. Adjourn.

Die Martis, 21o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Lincoln. Comes Bathurst, Cancellarius. Ds. Cathcart.
Epus. Cestrien. Ds. Hyde.
Epus. Bangor. Comes Gower, Præses.
Dux Chandas.
Comes Denbigh.
Comes Abercorn.
Comes Dalhousie.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Cope against Rose et al.

After hearing Counsel in Part in the Cause wherein Arthur Cope Esquire is Appellant, and John Rose and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow.

Williams for a Divorce Bill.

Upon reading the Petition of Thomas Williams of London, Merchant, praying Leave to bring in a Bill to dissolve his Marriage with Ann Lantware his now Wife, and to enable him to marry again; and for other Purposes:

It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.

Fushs’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing John Martin Fushs.”

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

Ld. President. L. Bp. Lincoln. L. Cathcart.
L. Bp. Chester. L. Hyde.
D. Chandos. L. Bp. Bangor.
E. Denbigh.
E. Abercorn.
E. Dalhousie.
V. Falmouth.
V. Dudley & Ward.

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

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Francis Anthony Rougemont.”

Rougemont’s Nat. Bill.

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

Their Lordships, or any Five of them, to meet on Thursday next, at the usual Time and Place; and to adjourn as they please.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Anthony Ten Broeke.”

Ten Broeke’s Nat. Bill.

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Adjourn.

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

Die Mercurii, 22o Novembris 1775.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Epus. Londin. Comes Bathurst, Cancellarius. Ds. Cathcart.
Epus. Duresm. Ds. Hyde.
Epus. Eliens. March. Rockingham. Ds. Mansfield.
Epus. Bangor. Ds. Scarsdale.
Comes Denbigh. Ds. Sundridge.
Comes Abercorn.
Comes Dalhousie.
Viscount Townshend.

PRAYERS.

Cope against Rose et al.:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Arthur Cope Esquire, complaining of three several Decretal Orders of the Court of Chancery in Ireland of the 8th of December 1773, and 12th of July and 24th of November 1774; and praying, “That the same might be reversed, 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 joint and several Answer of George Moore, Thomas Boyce, and Linegar Rogers, and the Answer of John Rose, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Decretal Orders 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 several Decretal Orders 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 Respondent John Rose, the Sum of One hundred and fifty Pounds of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

E. Strathmore et al. Petition referred to Judges.

Upon reading the Petition of the Right Honourable John Bowes Earl of Strathmore, and the Right Honourable Mary Eleanor Bowes Countess of Strathmore, his Wife, on Behalf of themselves and their infant Children; and the humble Petition of Mary Bowes; 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 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.

Duchess of Kingston’s Trial, Ld Chancellor to write Letters to the Lords for their Attendance at.

Ordered, That the Lord Chancellor do write Letters to all the Lords, to acquaint them, “That the House expects their Attendance at 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 on Monday the 18th Day of December next, at Eleven of the Clock in the Forenoon; and that in the Letters to be written to any of the Royal Family, the Form be, that the House desires their Presence at such Trial.”

Fushs’s Nat. Bill.

The Earl of Dalhousie reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing John Martin Fushs,” 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 same to the House, without any Amendment.”

Rougemont’s Nat. Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, “An Act for naturalizing Francis Anthony Rougemont” which stands appointed for To-morrow, be put off till Friday next.

Ten Broeke’s Nat. Bill.

Ordered, That the Sitting of the Committee upon the Bill, intituled, “An Act for naturalizing Anthony Ten Broeke” which stands appointed for To-morrow, be put off till Friday next.

Adjourn.

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

Die Veneris, 24o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Comes Bathurst, Cancellarius. Ds. Cathcart.
Epus. Eliens. Ds. Mansfield.
Epus. Roffen. Ds. Scarsdale.
Epus. Bangor. Comes Rochford.
Comes Abercorn.
Comes Dalhousie.
Comes Aberdeen.
Viscount Falmouth.

PRAYERS.

Greig et al. against Bruce Carstairs:

After hearing Counsel this Day upon the Petition and Appeal of Robert Greig of Lethangte, Robert Marshall, and James Belfrage, Portioners of Easier Tilliochie, Michael Henderson of Turfhills, James Stocks of Lathrow, and John Dempster and James Belfrage, Portioners of Wester Tilliochie, complaining of Four Interlocutors of. the Lord Ordinary in Scotland of the 12th of January, 11th of July, nth of August, and 26th of November, 1772; as also of Two Interlocutors of the Lords of Session there, of the 23d of January and 5th of March 1773; and also of an Interlocutor of the Lord Ordinary on the Bills of the 13th of April 1773; and praying, “That the same might be reversed, or that the Appellants 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 James Bruce Carstairs Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutors affirmed.

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 several Interlocutors therein complained of be, and the same are hereby affirmed.

Duchess of Kingston’s Trial, Orders made.

Ordered, That the Lord Chancellor do acquaint the Peeress to be tried, and all other Persons who may have Occasion to speak to the Court, “that they address themselves to the Lords in general, and not to the Lord High Chancellor.”

Ordered, That every Peer, when he gives his Judgement, shall declare his Opinion upon his Honour, laying his Right Hand upon his Breast.

Ordered, That the Clerk of the Crown in His Majesty’s Court of King’s Bench, or his Deputy, do attend to assist the Clerks of this House during the Trial.

Ordered, That the High Steward of Westminster, his Deputy or Deputies, Constables, and other Officers, do take special Care, and give strict Orders, that no Carts or Drays be suffered to pass to and fro within the Streets between Charing Cross and the Old Palace Tard, Westminster, between, the Hours of Six of the Clock of the Morning and Nine of the Clock at Night, during the said Trial; and hereof special Care is to be taken, as the Contrary will be answered to this House.

Writs of Error delivered:

The Lord Mansfield Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table, Two Writs of Error:

In the First of which,

Cooke against Cocks:

William Henry Cooke is Plaintiff, and Thomas Somers Cocks Esquire, is Defendant:

And in the last,

Jacobs against Ireland.

John Jacob and Joseph Jacob are Plaintiffs, and Richard Ireland is Defendant.

Boyd against Russell:

A Petition of John Boyd a Pauper, Appellant in a Cause depending in this House, to which John Russell is Respondent, which stands appointed for hearing ex-parte, was presented and read; setting forth, “That the Subject Matter of this Appeal is compromised;” and therefore praying their Lordships, “That he may be at Liberty to withdraw his said Appeal, the Respondent not having answered.”

And thereupon, the Agent for the Petitioner was called in, and heard at the Bar.

And being withdrawn:

Appeal withdrawn.

Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired.

Williams’s Divorce Bill.

The Lord Cathcart presented ’to the House (pursuant to an Order of Leave on Tuesday last) a 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 Purposes therein mentioned:”

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Monday the nth Day of December next; and that Notice thereof be affixed on the Doors of this House; and the Lords summoned; and that the said Thomas Williams may be heard by his Counsel, at the said Second Reading, to make out the Truth of the Allegations of the Bill; and that the said Ann Lantware may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that she be at Liberty to be heard by her Counsel, what she may have to offer against the said Bill, at the same Time.

Fushs’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for “naturalizing John Martin Fushs.”

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. Holford and Mr. Pepys:

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

Ten Broeke’s Nat. Bill

The Lord Cathcart reported from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Anthony Ten Broeke,” 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 same to the House, without any Amendment.”

Rougemont’s Nat. Bill.

The Lord Cathcart made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Francis Anthony Rougemont,” was committed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, vicesimum septimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Lunæ, 27o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Cathcart.
Epus. Duresm. Ds. Edgecumbe.
Epus. Cestrien. Comes Dartmouth, C.P.S. Ds. Scarsdale.
Epus. Bangor.
Comes Suffolk.
Comes Denbigh.
Comes Rochford.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Marchmont.
Comes Oxford.
Viscount Falmouth.
Viscount Wentworth.

PRAYERS.

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

Land Tax Bill.

With a Bill, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-six;” to which they desire the Concurrence of this House.

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

Militia, for assembling in Cases of Rebellion, &c. Bill.

With a Bill, intituled, “An Act to enable His Majesty, for a limited Time, to call out and assemble the Militia in all Cases of Rebellion within this Realm of Great Britain, or any of the Dominions thereunto belonging; and to summon the Parliament in the Cases and Manner therein mentioned;” to which they desire the Concurrence of this House.

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

Hanoverian Troops, to indemnify Persons who advised fending them to Gibraltar, &c. Bill.

With a bill, intituled, “An Act to indemnify such Persons as have advised His Majesty to fend to the Garrisons of Gibraltar and Port Mahon a Part of the Electoral Troops of Hanover, during the Recess of Parliament;” to which they desire the Concurrence of this House.

Ld. Clare and Mr. Ellis, to qualify as Vice Treasurers of Ireland, Bill.

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

With a Bill, intituled, “An Act to enable the Right Honourable Robert Craggs Lord Viscount Clare, and the Right Honourable Wellbore Ellis, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices;” to which they desire the Concurrence of this House.

The said Four Bills were, severally, read the First Time.

Rongemont’s Nat Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act: for naturalizing Francis Anthony Rougemont.”

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

It was resolved in the Affirmative.

Ten Broeke’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Anthony Ten Broeke.”

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 the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Anguish and Mr. Browning:

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

Mutiny Bill.

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

With a Bill, intituled, “An Act for punishing Mutiny and Desertion, and for the better Payment of the Army, and their Quarters;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Blake against Petrin and Vaughan, Writ of Error.

Upon reading the Petition of Hannah Blake, Plaintiff in a Writ of Error depending in this House, and of William Perrin and Thomas Vaughan, Defendants in the said Writ of Error; setting forth, “That this Cause stands for hearing this Day in their Lordships Paper of Causes; that the Parties have for some Time been, and now are, under a Treaty of Compromise, but several of them living in Parts beyond the Seas in the West Indies, they have not yet been able finally to settle the Matters in Dispute between them;” and therefore praying their Lordships, “That the Hearing of this Cause may stand adjourned till after all the Causes already appointed:”

It is Ordered, That the Hearing of this Cause be adjourned till after all the Causes already appointed, as desired.

Hooper et Ux. against Kennedy.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Doctor Thomas Hooper and Mary his Wife are Appellants, and Gilbert Kennedy Doctor in Physick 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.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum octavum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 28o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Eliens. Comes Bathurst, Cancellarius. Ds. Cathcart.
Epus. Landaven. Ds. Hyde.
Epus. Cestrien. Ds. Scarsdale.
Epus. Reffen. Comes Gower, Præses.
Epus. Bangor.
Comes Suffolk.
Comes Denbigh.
Comes Abercorn.
Comes Dalhousie.
Comes Marchmont.
Comes Buckinghamshire.
Comes Northington.
Viscount Falmouth.

PRAYERS.

Land Tax-Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act: for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, 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.

Militia, for assembling in Cases of Rebellion, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable His Majesty, for a limited Time, to call out and assemble the Militia, in all Cases of Rebellion, within this Realm of Great Britain, or any of the Dominions thereunto belonging; and to summon the Parliament in the Cases and Manner therein mentioned.”

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.

Hanoverian Troops, to indemnify Persons who advised fending them to Gibraltar, &c. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to indemnify such Persons as have advised His Majesty to fend to the Garrisons of Gibraltar and Port Mahon a Part of the Electoral Troops of Hanover, during, the Recess of Parliament.”

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;

Mutiny Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army, and their Quarters.”

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.

Ld. Clare and Ld. Ellis to qualify as Vice Treasurers of Ireland, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable the Right Honourable Robert Craggs Lord Viscount Clare, and the Right Honourable Wellbore Ellis, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices.”

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

Ld. President. L. Bp. Ely. L. Cathcart.
L. Bp. Landaff. L. Hyde.
E. Suffolk. L. Bp. Chester. L. Scarsdale.
E. Denbigh. L. Bp. Rochester.
E. Abercorn. L. Bp. Bangor.
E. Dalhousie.
E. Marchmont.
E. Buckinghamshire.
E. Northington.
V. Falmouth.

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

Sir Edward Hales, Petition referred to Judges.

Upon reading the Petition of Sir Edward Hales Baronet, 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. Baron Eyre, 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 Mercurii, vicesimum nonum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.

Die Mercurii 29o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Comes Bathurst, Cancellarius. Ds. Willoughby Par.
Epus. Duresm. Ds. Paget.
Epus. Cestrien. Ds. Clifton.
Epus. Bangor. Comes Gower, Præses. Ds. Cathcart.
Comes Dartmouth, C. P. S. Ds. Trevor.
Ds. Hyde.
Dux Bridgewater. Ds. Lyttelton.
Ds. Scarsdale.
Comes Suffolk.
Comes Denbigh.
Comes Rochford.
Comes Abercorn.
Comes Galloway.
Comes Dalhousie.
Comes Aberdeen.
Comes Marchmont.
Comes Buckinghamshire.
Viscount Weymouth.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Hutchinson against Gamble et al.

The joint and several Answer of William Gamble and others to the Appeal of the Right Honourable John Hely Hutchinson Doctor of Laws, Provost of the College of the Holy and Undivided Trinity near the City of Dublin, and One of His Majesty’s Most Honourable Privy Council, was this Day brought in.

Ld. Clare and Ld. Ellis to qualify as Vice Treasurers of Ireland, Bill.

The Lord Scarsdale reported from the Lords Committees, to whom the Bill, intituled, “An Act to enable the Right Honourable Robert Craggs Lord Viscount Clare, and the Right Honourable Wellbore Ellis, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices,” 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 same to the House, without any Amendment.”

Macdowal et al against Mackie.

A Petition of John Macdowal and others, Appellants in a Cause depending in this House, to which William Mache is Respondent, which stands appointed for hearing, was presented and read; setting forth, “That the Parties have been for some Time in Treaty for accommodating amicably the Matters between them, the final Settlement of which awaits the Receipt of Letters from Scotland, which must be received at furthest in the Course of next Week: That in such” a Situation the Petitioners humbly hope their Lordships will postpone the Hearing of this Cause for a Fortnight, to give the Parties Time to conclude their Agreement, when they will only trouble their Lordships for Leave to withdraw their Appeal;” and therefore praying their Lordships, “That the Hearing of this Cause may be postponed till Wednesday the 13th of December next, or such other Day as to their Lordships shall seem meet.”

And thereupon the Agents on both Sides were called in, and heard at the Bar:

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Thursday the 14th Day of December next.

Hutchinson against Gamble et al.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein the Right Honourable John Holy Hutchinson Doctor of Laws is Appellant, and William Gamble 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.

Gray et al. against Annand and Col-quhoun.

A Petition of Alexander Gray and others, Appellants in a Cause depending in this House, and of the Assignees of Meilleurs Annand and Colquhoun Respondents thereto, which stands appointed for hearing, was presented and read; setting forth, “That both Parties are solicitous, for their joint Benefit and Advantage, that the Hearing of this Cause should be postponed till the Beginning of March next;” and therefore praying their Lordships, “That the Hearing of this Cause may be postponed till the 7th Day of March next, or such other Day in that Month, 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 the said Cause be put off till after all the Causes already appointed.

Land Tax Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-six.”

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.”

Militia, for assembling, in Cases of Rebellion on, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to enable His Majesty, for a limited Time, to call out and assemble the Militia, in all Cases of Rebellion, within this Realm of Great Britain, or any of the Dominions thereunto belonging, and to summon the Parliament, in the Cases and Manner therein mentioned.”

Gilbraltar, &c. Bill.

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.”

Hanoverian Troops, to indemnify Persons who advised sending them to Gibraltar, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to indemnify such Persons as have advised His Majesty to fend to the Garrisons of Gibraltar and Port Mahon a Part of the Electoral Troops of Hanover, during the Recess of Parliament.”

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.”

Mutiny Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

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.”

Lennox, Earldom of, Petition of Mr. Lennox claiming.

The Earl of Suffolk (by His Majesty’s Command) presented” to the House, A Petition of Alexander Lennox Esquire, to His Majesty, claiming the Title, Honour, and Dignity of Earl of Lennox; and His Majesty’s Reference thereof to this House:

And the same were read by the Clerk, as follow:

“To the King’s most Excellent Majesty.
“The humble Petition of Alexander Lennox Esquire;
“Sheweth,
“That Duncan, the last Earl of Lennox, leaving no. Male Issue, his immediate younger Brother, Alexander, had the only Right to the Title, Honour, and Dignity of the Family:
“That the said Alexander did not assume the Title of Honour, owing to his not being possessed of a suitable Fortune to support the Dignity, the Family Estate having passed to Earl Duncan’s Daughters, and their Posterity, and therefore the Title lay dormant till the Year 1771, when Your Petitioner was advised that he, as Heir Male of the last Earl, had an undoubted Right to the Dignity; that accordingly, he presented a Petition to Your Majesty, praying that You would be graciously pleased to order that the said Title, Honour, and Dignity of Earl of Lennox, might be adjudged to belong to Your Petitioner; which Petition Your Majesty was pleased to refer to Your Right Honourable House of Lords, in the Month of February 1771:
“That Your Petitioner would not have given Your Majesty the Trouble of this Application, but that at the Time the former Petition was presented, Your Petitioner was not so well acquainted with the Circumstances of his Case as he now is, having spared no Pains in procuring proper Proofs and Authorities for supporting his Claim:
“Your Petitioner therefore humbly prays Your most Excellent Majesty, That it may be declared and adjudged that Your Petitioner is entitled to the said Honour, Title, and. Dignity of Earl of Lennox, and such other Honours, Titles, and Dignities, as are in the Family.
“And Your Petitioner shall ever pray, &c.
Alex. Lennox.

St. James’s, 29th November 1775.
“His Majesty being moved upon this Petition, is graciously pleased to refer the same to the Right Honourable the House of Peers, to examine the Allegations thereof, as to what relates to the Petitioner’s Title therein mentioned, and to inform His Majesty how the same shall appear to their Lordships.
“SUFFOLK.

Ordered, That the said Petition and Reference be referred to the Lords Committees for Privileges to consider thereof, and report their Opinion thereupon to the House; and that Notice thereof be given to His Majesty’s Attorney General, and His Majesty’s Advocate for Scotland.

Cust and Lothian against Carron Company.

Upon reading the Petition of the Carron Company in Scotland, Respondents in a Cause depending in this House, to which Peregrine Cust Esquire, and David Lothian, are Appellants, which stands appointed for hearing; setting forth, “That the Matters in Dispute between the Parties in this Cause are under Compromise;” and therefore praying their Lordships, “To put off the Hearing thereof till after all the Causes already appointed, the Agent for the said Appellants having signed the said Petition, as consenting thereto:”

It is Ordered, That the Hearing of the said Cause be put off till after all the Causes already appointed, as desired.

Nissen and Marwœde’s Nat. Bill.

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

With a Bill, intituled, “An Act for naturalizing Niss Nissen, and Christopher Gabriel Marwœde;” to which they desire the Concurrence of this House.

Newcastle upon Type, &c Road Bill.

A Message was brought from the House of Commons, by Sir Walter Blackett and others:

With a Bill, intituled, “An Act to enlarge the Term and Powers of an Act, passed in the Twenty-second Year of the Reign of His late Majesty, intituled, An Act for repairing the Road from the West Cowgate, near the Town of Newcastle upon Tyne, through the West End of Kenton, Pont Eland, Higham Dykes, Newham Edge, Belsay Mill, and South Middleton, to the North Side of the River Wanspeck, in the County of Northumberland;” to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Adjourn.

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

Die Jovis, 30o Novembris 1775.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Londin. Ds. Paget.
Epus. Landaven. Ds. Clifton.
Epus. Cestrien. Comes Grower, Præses. Ds. Cathcart.
Epus. Wigorn. Comes Dartmouth, C. P. S. Ds. Trevor.
Epus. Rassen. Ds. Edgecumbe.
Epus. Litch. & Cov. Dux Bridgewater. Ds. Hyde.
Epus. Bangor. March. Rockingham. Ds. Mansfield.
Ds. Scarsdale.
Comes Suffolk.
Comes Denbigh.
Comes Sandwich.
Comes Rochford.
Comes Abercorn.
Comes Galloway.
Comes Loudoun.
Comes Dalhousie.
Comes Aberdeen.
Comes Marchmont.
Comes Buckinghamshire.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Writs of Error delivered:

The Lord Mansfield Lord Chief Justice of the Court of King’s Bench, in the usual Manner, delivered in at the Table Four Writs of Error;

In the First of which,

Brown against Gardner:

Joseph Brown is Plaintiff, and Samuel Gardner, who sues as well for our Lord the King as for himself, is Defendant:

Vanderheyden against Shepherd:

In the Second,

Dirk Vanderheyden is Plaintiff, and Henry Shepherd is Defendant:

Cox against Cox:

In the Third,

James Cox is Plaintiff, and Robert Albion Cox is Defendant:

Palmer against Ward.

And in the last,

John Palmer Gentleman is Plaintiff, and George Ward is Defendant.

Land Tax Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for granting an Aid to His Majesty by a Land Tax, to be raised in Great Britain, for the Service of the Year One thousand seven hundred and seventy-six.”

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

Which being objected to;

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. Anguish and Mr. Browning:

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

Militia, assembling of, in Cases of Rebellion, &c. Bill:

Hod’ie 3a vice lecta est Billa, intituled, “An Act to enable His Majesty, for a limited Time, to call out and assemble the Militia in all Cases of Rebellion within this Realm of Great Britain, or any of the Dominions thereunto belonging, and to summon the Parliament in the Cases and Manner therein mentioned.”

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

Which being objected to:

After short Debate,

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.

Hanoverian Troops, to indemnify Persons who advised sending them to Gibraltar, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to indemnify such Persons as have advised His Majesty to fend to the Garrisons of Gibraltar and Port Mahon a Part of the Electoral Troops of Hanover, during the Recess of Parliament.”

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

Which being objected to:

After short Debate,

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

It was resolved in the Negative.

Ordered, That the said Bill be rejected.

Mutiny Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.”

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

It was resolved in the Affirmative.

Ld. Clare and Mr. Ellis to qualify as Vice Treasurer of Ireland, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to enable the Right Honourable Robert Craggs Lord Viscount Clare, and the Right Honourable Wellbore Ellis, to take, in Great Britain, the Oath of Office as Vice Treasurer, and Receiver General, and Paymaster General, of all His Majesty’s Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices.”

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 Bills.

And Messages were, severally, 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.

Nissen and Marwœde’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Niss Nissen and Christopher Gabriel Marwœde.”

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. Paget.
L. Bp. London. L. Clifton.
D. Bridgewater. L. Bp. Landaff. L. Cathcart.
L. Bp. Chester. L. Trevor.
M. Rockingham. L. Bp. Worcester. L. Edgecumbe.
L. Bp. Rochester. L. Hyde.
E. Suffolk. L. Bp. Litch. & Cov. L. Mansfield.
E. Denbigh. L. Scarsdale.
E. Sandwich. L. Bp. Bangor.
E. Rochford.
E. Abercorn.
E. Loudoun.
E. Galloway.
E. Dalhousie.
E. Aberdeen.
E. Marchmont.
E. Buckinghamshire.
V. Weymouth.
V. Bolingbroke.
V. Falmouth.
V. Wentworth.
V. Dudley & Ward.

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.

Newcastle upon Tyne, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of an Act, passed in the Twenty-second Year of the Reign of His late Majesty, intituled, “An Act for repairing the Road from the West Cowgate near the Town of Newcastle upon Tyne, through the West End of Kenton, Pont Eland, Higham Dykes, Newham Edge, Belsay Mill, and South Middleton, to the North Side of the River Wanspeck, in the County of Northumberland.”

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

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunse, quartum diem Decembris, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.