House of Lords Journal Volume 34
December 1775, 21-31

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History of Parliament Trust

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1767-1830

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541-543

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'House of Lords Journal Volume 34: December 1775, 21-31', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 541-543. URL: http://british-history.ac.uk/report.aspx?compid=113694 Date accessed: 30 October 2014.


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Die Veneris, 22o Decembris 1775.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Comes Bathurst, Cancellarius. Ds. Le Despencer.
Epus. Eliens. Ds. Willoughby Par.
Epus. Roffen. Comes Gower, Præsens. Ds. Cathcart.
Ds. Trevor.
Epus. Litch. & Cov. Comes Talbot, Senescallus. Ds. Edgecumbe.
Ds. Bruce.
Comes Denbigh. Ds. Boston.
Comes Abercorn. Ds. Sundridge.
Comes Aberdeen.
Viscount Townshend.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Message from H C. to lecture American Colonies, to prohibit Trade with, &c. Bill.

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

To return 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 to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Chatham to St Dunstan’s Cross, &c. Roads Bill.

A Message was brought from the House of Commons, by Sir William Mayne and others:

With a Bill, intituled, “An Act for continuing the Term, and varying the Powers, of Two Acts, passed in the Third and Seventeenth Years of His late Majesty King George the Second, “for repairing the Road from that Part of Chatham which lies next the City of Rochester, to Saint Dunstan’s Cross near the City of Canterbury, in the County of Kent; and for amending and widening the Road from the present Turnpike Road at or near a Place called Makenade Corner, in the Parish of Preston, to Bagham Cross and Shalmsford Lane End, in the Parish of Chilham, in the said County;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

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

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Sir John Eden Baronet, and others, are Appellants, and John Earl of Bute, 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.

Crang et Ux. against Adams.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein John Crang and Mary his Wise, are Appellants, and John Adams the Younger, Esquire, 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.

Glascott et al. against Wigmore.

The House being moved, “That a Day may be appointed for hearing the Cause, wherein Ann Glascott Widow, and others, are Appellants, and Nathaniel Wigmore 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.

Vanderheydenen against Shepherd.

The House being moved, “That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein Dirk Vanderheyden is Plaintiff, and Henry Shepherd is Defendant:”

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

Duchess of Kingston, Orders relative to her Trial, discharged.

The House was moved, “That the Order of this House of the 20th Day of November last, appointing the Trial of Elizabeth calling herself Duchess Dowager of Kingston, at the Bar of this House; and also the several other Orders relating to the said Trial made on that Day, might be read.”

The same were accordingly read by the Clerk, as follow; (videlicet),

“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 the Honourable Augustus John Hervey, (now Earl of Bristol, and One of the Peers of this Realm) be on Monday the 18th Day of December next, at Eleven o’Clock in the Forenoon, at the Bar of this House; and that all the Judges do then attend.

“Ordered, That all the Lords are to fit in their Robes, and in their due Place.

“Ordered, That the Serjeant at Arms be within the House to make Proclamations, which are to be made in the King’s 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 Rod’s 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.”

Ordered, That the said Orders be discharged.

The House was moved, “That the Order of this House of the 24th of November last, directing the Lord Chancellor to acquaint the Peeress to be tried that she must address herself to the Lords in general; and the Two subsequent Orders might be read:”

The same were accordingly read by the Clerk, as follow: (videlicet),

“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 said Orders be discharged.

The House was moved, “That the following Orders of this House, of the 12th of this instant December, might be read:”

The same were accordingly read by the Clerk, as follow (videlicet),

“Ordered, 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.

“Ordered, That the Conveniencies to be made for the Prosecutors, and their Counsel and Attendants, of Elizabeth calling herself Duchess Dowager of Kingston, be agreeable to the Plan produced by Mr. Wolsse of the Board of Works.

“Ordered, That the Two Side Doors below the Bar be left open during the Trial, and that the Door from the Painted Chamber be kept for the Use of the Counsel and Attendants of each Party.

“Ordered, That One of the Clerks Rooms be allotted for the Use of the Prosecutor, and his Counsel and Attendants.

“Ordered, That no Person whatsoever, except the Peers of the House, be admitted within the Bar.

“Ordered, 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.

“Ordered, That the Bar behind the Archbishops Bench be continued to the Woolsack.”

Ordered, That the said Orders be discharged.

The House was moved, “That the following Orders of this House of the 13th of this instant December, might be read:”

The same were accordingly read by the Clerk, as follow; (videlicet),

“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.”

Ordered, That the said Orders be discharged.

Address for a Place to be prepared in Westminster Hall, and for a Ld High Steward.

Ordered, That an humble Address be presented to His Majesty “to acquaint His Majesty, that this House hath appointed 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), to begin in Westminster Hall on Wednesday the 28th Day of February next, and humbly to desire that His Majesty will be graciously pleased to give Orders for a Place to be prepared in Westminster Hall for the said Trial; and, also to appoint a Lord High Steward to continue during the said Trial.”

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

Committee to consider of proper Methods of Proceeding.

Ordered, That all the Lords who have been present this Session, be appointed a Committee 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); and to report their Opinion thereupon to the House.

Their Lordships, or any Five of them, to meet on the First Day of Meeting after the Recess at Christmas, at the usual Time and Place and to adjourn as they please.

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 Majesty’s Pleasure that they attend Him immediately in this House.”

Who being come, with their Speaker;

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow; (videlicet),

Bills passed.

“1. 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 any Person or Persons appointed and authorized by His Majesty to grant Pardons, to issue Proclamations in the Cases and for the Purposes therein mentioned.”

“2. An Act for the Regulation of His Majesty’s Marine Forces while on Shore.”

“3. An Act for giving a publick Reward unto such Person or Persons, being His Majesty’s Subject or Subjects, 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.”

“4. 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.”

“5. An Act to amend and render more effectual an Act, made in the Eighth Year of the Reign of His present Majesty, for opening certain Passages, and for paving the Streets and other Places, in the Parish of Saint Leonard Shoreditch, in the County of Middlesex, and for preventing Annoyances therein; and for extending the Powers of the said Act to such Part of a Lane called Hog Lane, as lies within the Liberty of Norton Falgate, in the said County.”

“6. An Act for enlarging the Term and Powers of So much of an Act, made in the Twenty-ninth Year of the Reign of His Majesty King George the Second, intituled, “An Act for repairing and widening the High Roads from Basingstoke, through Popham Lane, Sutton Scotney, and Stockbridge, in the County of Southampton, to a Place called Lobcomb Corner, in the County of Wilts; and also for repairing and widening the Road from Spittle House, over Weyhill, to Mullen’s Pond, in the said County of Southampton; as relates to the Roads from Basingstoke to Lobcomb Corner, in the County of Wilts.”

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words (videlicet),

Le Roy le veult.”

“7. An Act for dividing and enclosing certain Commons or Pieces of Walle Ground, in the Parishes of Bonsall, Wirksworth, and Matlock, in the County of Derby.”

“8. An Act for naturalizing Niss Nissen, and Christopher Gabriel Marwade

“9. An Act for naturalizing John William Paul and Claes Grill.”

“10. An Act for naturalizing Charles Quist.”

To these Bills the Royal Assent was pronounced, Severally, by the Clerk Assistant, in these Words; (videlicet),

Soit salt comme il est desire.”

Then His Majesty was pleased to retire:

And the Commons withdrew.

The House was adjourned during Pleasure, to un robe.

The House was resumed.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum tertium diem Januarii, jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.