House of Lords Journal Volume 34: November 1775, 1-10

Die Mercurii, 1^o Novembris 1775

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Protest, Time extended for entering.

Ordered, That in regard this House did not continue sitting till Two oClock on Friday last, such Lords as voted against the Resolution for an Address to His Majesty the Day before, have Liberty to enter their Proteil at any Time before the next Sitting Day of the House at Two oClock, and to sign the same before the Rising of the House the same Day.

Foreign Troops, Mention touching them.

Moved, That bringing into any Part of the Dominions of the Crown of Great Britain the Electoral Troops of His Majesty, or any other Foreign Troops, without the previous Consent of Parliament, is dangerous and unconstitutional.

Which being objected to:

And a Question stated thereupon:

After long Debate,

The previous Question was put, Whether the said Question shall be now put ?

It was resolved in the Negative.

North America, Address for Copy of Petition of Congress to the King.

Ordered, That an humble Address be presented to His Majesty, to desire, That His Majesty would be graciously pleased to give Orders, that there be laid before this House a Copy of a Paper, intituled, A Petition of the Congress of several Provinces in North America to His Majesty, presented to the Earl of Dartmouth in September last:

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

Adjourn,

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, tertium diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 3^o Novembris 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt.

York Buildings Company against His Majestys Advocate for Scotland.

The Answer of His Majestys Advocate for Scotland on Behalf of His Majesty and the Publick, and the Creditors upon the Estate of Earl Marischall, to the Appeal of the Governor and Company of Undertakers for raising Thames Water in York Buildings, was this Day brought in.

His Majestys 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, that His Majesty would be graciously pleased to give Orders that there be laid before this House a Copy of a Paper, intituled, A Petition of the Congress of several Provinces in North America to His Majesty, presented to the Earl of Dartmouth in September last; and that His Majesty was pleased to say, He would give Directions accordingly.

Duchess of Kingston, Petition of, for a speedy Trial.

The Lord Mansfield presented to the House a Petition of Elizabeth Duchess Dowager of Kingston.

And the same was read by the Clerk as follows; (videlicet),

To the Right Honourable the Lords Spiritual and Temporal, in Parliament assembled.
The humble Petition of Elizabeth Duchess Dowager of Kingston.

Sheweth,
That at the General Quarter Sessions of the Peace held in and for the County of Middlesex at Hickss Hall, in the said County, on the 9th Day of January last, a Bill of Indictment was found against Your Petitioner for Bigamy, charging, that your Petitioner had married Augustus John Hervey Esquire, (who is now Earl of Bristol), and had afterwards, in the Life-time of the said Augustus John Hervey, married Evelyn Pierrepont Duke of Kingston.
That your Petitioner being then in Italy, in a bad State of Health, did, as soon as me had Notice of the said Indictment, conscious of her Innocence, prepare to return to England to surrender and take her Trial:
That your Petitioner, on her Arrival, surrendered herself to the Sheriff of the County of Middlesex, upon the said Indictment, and in Easier Term last was admitted to Bail by His Majestys Court of Kings Bench, on entering into a Recognizance with Four Sureties, herself in .4,000, and each of her Sureties in .1,000, for her Appearance in that Court on; the First Day of the then next Term, and so from Day to Day until Your Petitioner should be discharged by the said Court; and also for your Petitioners Appearance before His Majesty in Parliament, to answer to the said Indictment, whenever the should be thereunto required, which Recognizance is still in Force.
Wherefore your Petitioner humbly prays, that your Lordships will be pleased to cause the said Indictment to be brought before your Lordships, and to put the same into such speedy Mode of Examination and Trial, as to your Lordships may seem meet.
And your Petitioner shall ever pray, & c.
E. Kingston.

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

Clerk of the Crown to issue a Certio rari for Return of her Indictment.

Ordered, That the Clerk of the Crown in Chancery do issue His Majestys Writ of Certiorari to return into this House the Indictment found against Elizabeth, calling herself Duchess Dowager of Kingston, by the Name of Elizabeth the Wife of Augustus John Hervey Esquire, for Bigamy.

V. Maynard introduced.

Charles Viscount Maynard, claiming by virtue of a Special Limitation contained in a Patent granted to his Uncle Charles, late Lord Viscount Maynard, bearing Date the 28th of October in the Seventh Year of the Reign of His present Majesty, was this Day (in his Robes) introduced between the Lord Viscount Falmouth and the Lord Viscount Dudley and Ward (also in their Robes), the Gentleman Usher of the Black Rod, and Garter King at Arms, preceding. His Lordship on his Knee presented the said Patent to the Lord Chancellor at the Woolsack, who delivered it to the Clerk, and the same was read at the Table; his Lordships Writ of Summons was also read as follows:

George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth: To Our Right Trusty and Well-beloved Cousin Charles Viscount Maynard, Greeting: Whereas, by reason of certain arduous and urgent Affairs concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, We did lately, with the Advice and Consent of Our Council, ordain Our present Parliament to be holden at Our City of Westminster, on the Twenty-ninth Day of November last past; which Parliament hath been from that Time, by several Adjournments and Prorogations, adjourned, prorogued, and continued to and until the Twenty-sixth Day of this instant October, at Our City aforesaid, to be then there held: We strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at the said Day and Place with Us, and with the Prelates, Nobles, and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in no wise omit, as you tender Us and Our Honour, and the Safety and Defence of Our said Kingdom and Church, and the Dispatch of the said Affairs. Witness Ourself at Westminster, the Seventeenth Day of October, in the Fifteenth Year of Our Reign.

Yorke.

Then his Lordship came to the Table, and took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes, and was afterwards placed in his duc Place.

Mackdowall against Sir W. More et al.

Upon reading the Petition and Appeal of Elizabeth Mackdowall Widow, complaining of a Decree of the Court of Chancery of the 13th of June 1774; and praying, That the same may be reversed, and that their Lordships will be pleased to order the Petitioner may have Satisfaction for her Demands out of the Estates in the said Petition mentioned, and in the Manner prayed by her Bill, or in such other as to their Lordships shall seem meet; and that Sir William More Baronet, Edward Smith Clerk, and Dame Henrietta Maria More his Wife, Henry Popple, William Popple, Magdalen Augusta Isabella Popple, Henry Popple the Heir of Allured Popple, Philip Yorke an infant, by John Vernon Gentleman, his Guardian, Mary Greenhill Widow, John Greenhill, James Greenhill, Elizabeth Ellis, Rebecca Ellis Widow, the Right Honourable Charles Earl of Tankerville, the Right Honourable Thomas Earl of Westmorland, Francis Warden, Joseph Letch, and Vincent Mathias, may be required to answer the said Appeal:

It is Ordered, That the said Sir William More Baronet, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 17th Day of this instant November; and that Service of this Order on the Clerks in Court, and Solicitors for the said Respondents in the said Court of Chancery, shall be deemed good Service.

Kane against Hamilton.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Joseph Kane Esquire is Appellant, and the Reverend Nicholas Hamilton 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.

Doyne against Daly et Ux.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Robert Doyne Esquire is Appellant, and Michael Daly Esquire and Johanna his Wife 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.

Sir A. Macdonald against Macleod et al.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Sir Alexander Macdonald Baronet is Appellant, and Norman Macleod and his Guardians 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.

Udny against Robertson:

Upon reading the Petition and Appeal of Alexander Udny of Udny, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 28th of December 1773; and also of another Interlocutor of the said Lords of the 6th of July 1774; and praying upon the Merits of the Cause To alter the Interlocutors above recited, and to find in Terms of the Petitioners Claims or Libel, or that the Appellant may have Such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem meet; and that Alexander Robertson of Foveran, and Andrew Robertson Younger thereof, may be required to answer the said Appeal:

It is Ordered, That the said Alexander Robertson and Andrew Robertson may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Wanting, on or before Friday the 1st Day of December next; and Service of this Order upon the said Respondents, or their Agent or Solicitor, in the said Court of Solicitor, in Scotland, shall be deemed good Service.

Seton to enter into Recognizance on it.

The House being moved, That John Seton Gentleman, may be permitted to enter into a Recognizance for Alexander Udny Esquire, on Account of his Appeal depending in this House, he residing in Scotland:

It is Ordered, That the said John Seton may enter into a Recognizance for the said Appellant, as desired.

D. St. Albans Betition referred to Judges.

Upon reading the Petition of the Most Noble George Duke of Saint Albans, 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. Baron Eyre 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

Borthwick Peerage, Petition for Revival of Committee.

Upon reading the Petition of John Borthwick of Crookston, claiming the Title of Lord Borthwick; setting forth, That their Lordships in the last Session of Parliament, upon a Petition, setting forth, That the Petitioner, in Support of his Claim to the Dignity of Lord Borthwick, had lodged supplemental Cases, containing Abstracts of sundry Writs in Support of the said Claim, were pleased to order the Merits of the Petitioners Claim to the said Honour and Dignity, to be further considered in the present Session of Parliament; and therefore praying their Lordships, To revive the Committee of Privileges, and to order the said Claim of Peerage to be further tried on Monday the 20th of this instant November, or upon such other Day in this Session of Parliament, as to their Lordships shall seem proper.

It is Ordered, That the Committee of Privileges do meet, to consider further of the said Claim, on Monday the 27th of this instant November; and that Notice thereof be given to His Majestys Attorney General, and the Lord Advocate for Scotland.

Causes put off.

Ordered, That the Hearing of the Cause wherein James Alexander Esquire, and others, are Appellants, and John Paterson and others are Respondents, which stands appointed for this Day, be put off to Wednesday next; and that the rest of the Causes be removed in course.

Hooper et Ux, against Kennedy:

Upon reading the Petition and Appeal of Doctor Thomas Hooper, and Mary his Wife, complaining of a Decree of the Court of Exchequer of the 7th of February 1774, made in Two certain Causes, in the First of which Gilbert Kennedy, Doctor in Physick, was Plaintiff, and Thomas Hooper, Doctor in Physick, and Mary his Wife, Richard Hussey, John Richards, Thomas Daniel, William Lemon Esquire, and. James Hamilton, were Defendants; and in the other the said Thomas Hooper, and Mary his Wife, were Plaintiffs, and James Hamilton, Gilbert Kennedy, William Lemon, Richard Hussey, John Richards, and Thomas Daniel, Defendants, by original and cross Bills; and praying, That the same may be reversed, so far as the fame proceeds to the Dismissal of the Petitioners Cross Bill, as against the said Defendant Kennedy, with Costs, so far as the same seeks to have the Tin Bounds applied in Exoneration of the Real Estates in the said Petition mentioned; and to make such other Order in the Premises as to their Lordships, in their great Wisdom, shall seem meet and that the said Gilbert Kennedy may be required to answer the said Appeal:

It is Ordered, That the said Gilbert Kennedy may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 17th Day of this instant November; and Service of this Order upon the Clerk in Court of the said Respondent in the said Court of Exchequer, shall be deemed good Service.

Allen to enter into Recognizance on it.

The House being moved, That John Allen of Clements Inn, Gentleman, may be permitted to enter into a Recognizance for Donor Thomas Hooper, and Mary his Wife, on Account of their Appeal depending in this House, they residing in the Country:

It is Ordered, That the said John Allen may enter into a Recognizance for the said Appellants, as desired.

V. Mayanards Pedigree delivered.

Garter King at Arms delivered in at the Table the Pedigree of Charles Viscount Maynard, pursuant to the Standing Order.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, sextum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 6^o Novembris 1775

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E Holdernesse takes the Oaths, &c.

This Day Robert Earl of Holdernesse took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Copy of Petition of the Congress to the King, delivered.

The Earl of Dartmouth (by His Majestys Command) laid before the House (pursuant to an Address to His Majesty on Wednesday last) a Paper, intituled, Copy of the Petition of the Congress to the King, delivered to the Earl of Dartmouth, by Messrs. Penn and Lee, on the 1st September 1775.

And the Title thereof being read by the Clerk:

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

Ordered, That the said Paper be taken into Consideration To-morrow, and the Lords summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Martis, septimum diem instantis Novembris, hora undecima Auroras, Dominis sic decernentibus.

Die Martis, 7^o novembris 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Petition of the Congress to the King, considered:

The Order of the Day being read for taking into Petition of the Consideration a Paper, intituled, Copy of the Petition of the Congress to the King, delivered to the Earl of Dartmouth, by Messrs. Penn and Lee, on the September 1775.

The said Paper was read by the Clerk.

Moved, That Mr. Penn be called in to authenticate the said Paper:

Which being objected to:

After Debate;

The Question was put thereupon ?

It was resolved in the Negative.

Consideration deferred; and Mr. Penn to attend.

Then it was moved, That the further Consideration of the said Paper, intituled, Copy of the Petition of the Congress to the King, delivered to the Earl of Dartmouth, by Messrs. Penn and Lee, on the 1st September 1775, be adjourned till To-morrow; and that Mr. Penn do then attend.

Which being objected to:

After Debate;

An Amendment was proposed to be made to the said; Motion, by leaving out the Words [To-morrow,] and instead thereof inserting [Friday next.]

The Question was put, Whether the Words [To-morrow] shall stand Part of the said Motion?

It was resolved in the Negative.

Ordered, That the further Consideration of the said Paper, intituled, Copy of the Petition of the Congress to the King, delivered to the Earl of Dartmouth, by Messrs. Penn and Lee, on the 1st September 1775, be adjourned till Friday next; and that the Lords be summoned.

Ordered, That John Penn Esquire, do attend this House on Friday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, octavum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Mercurii, 8^o Novembris 1775.

Domini tam Spirituales quam Temporales prsentes fuerant:

PRAYERS.

Udny against Robertson.

The Answer of Andrew Robertson of Foveran, Esquire, to the Appeal of Alexander Udny of Udny, Esquire, was this Day brought in.

Alexander et al against Paterson at al:

After hearing Counsel this Day upon the Petition and Appeal of James Alexander Esquire, Provost; James Burd, John Burn, James Tower, and John Stevenson, Baillies; Nicol Bryce Dean of Guild, James Gib Treasurer, Henry Jaffray, Robert Alexander, James Edmond, James Adam, James Thomson, Peter Belch, and Alexander Hill, Merchant Counsellors; James Thomson Deacon of the Taylors, and Daniel Brown Deacon of the Skinners, Trades Counsellors, all of the Burgh of Stirling, elected at Michaelmas 1773, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 1st of March 1775; and praying, That the same might be reversed or varied, 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 John Paterson and others, 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 Interlocutors therein complained of be, and the fame are hereby affirmed.

Hutchinson against Gamble et al.

Upon reading the Petition and Appeal of John Hely Hutchinson Doctor of Laws, Provost of the College of the Holy and Undivided Trinity, near Dublin, and One of His Majestys most Honourable Privy Council, complaining of an Order of the Court of Chancery in Ireland, of the 27th of July 1775, allowing a certain Plea and Demurrer in the said Appeal mentioned; and praying, That the fame may be reversed, 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 William Gamble, Elizabeth Torn kynsy Robert Gamble, George Gamble, and Margaret the Wife of the said William Gamble, Sarah Norman, the Governors and Governesses of the Infirmary or Hospital of the County of Meath, the Governors and Governesses of the Infirmary or Hospital of the County of Galway; the Right Honourable Philip Tisdall His Majestys Attorney, General in the said Kingdom, William Clement Doctor of Physick; the Reverend John Stokes, the Reverend Thomas Leland, the Reverend William Andrews, the Reverend Richard Murray, the Reverend Thomas Wilson, and the Reverend Michael Kearney, may be required to answer the said Appeal:

It is Ordered, That the said William Gamble, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 13th Day if December next; and Service of this Order upon the said Respondents, or upon their Clerk in Court, or Solicitor in the said Court of Chancery in Ireland, shall be deemed good Service.

D. Gordon against Sir James Grant et al.

Upon reading the Petition and Appeal of Alexander Duke of Gordon, complaining of an Interlocutor of the Lords of Session in Scotland of the 10th August 1775; and praying, That the same may be reversed, altered, or amended, 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 Sir James Grant of Grant, Colonel Grant, and James Earl Fife, may be required to answer the said Appeal:

It is Ordered, That the said Sir James Grant, Colonel Grant, and James Earl Fife, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Wednesday the 6th Day of December next; and Service of this Order upon any of the Agents or Counsel for the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Udny against Robertsons.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Udny of Udny, Esquire, is Appellant, and Alexander Robertson and Andrew Robertson 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.

Order for Attendance of J. Penn discharged, and Mr. R. Penn ordered to attend.

The House being moved, That the Order made Yesterday for the Attendance of John Penn Esquire on Friday next, might be read:

The said Order was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That Richard Penn Esquire, do attend this House on Friday next.

Causes put off.

Ordered, That the Hearing of the Cause wherein James Cuthbert of Farnese is Appellant, and Ann Mackenzie, and Richard Paterson her Husband, are Respondents, which stands appointed for Friday next, be put off to Monday 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 Jovis, nonum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 9^o Novembris 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

D. Gordon against E. Fise et al.

The Answer of James Earl Fife, and others, to the Appeal of Alexander Duke of Gordon, was this Day brought in.

Scott against Chadwick et al.

Upon reading the Petition and Appeal of Alexander Scott Esquire, complaining of certain Parts of a Decree of the Court of Chancery of the 30th of April 1771; and praying, That the same may be reversed or varied, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem meet; and that Dame Margaret Chadwick Widow, Sarah Law, and Penelope Compton, may be required to Answer the said Appeal:

It is Ordered, That the said Dame Margaret Chadwick Widow, Sarah Law, and Penelope Compton, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 23d Day of this instant November; and Service of this Order on each of their Attorney, Solicitor, or Clerk in Court, of the said Respondents, in the said Court of Chancery, shall be deemed good Service.

Short against Munro et al.

Upon reading the Petition and Appeal of Thomas Short, Optician in London, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 20th of July and 20th of November 1770; and also of an Interlocutor of the Lords of Session there of the 18th of December 1770; and praying, That the same may be reversed, varied, or altered, 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 Doctor Donald Munro, and John Spottiswoode, John Short, Brother to James Short deceased, Mungo Baikie, and Joseph Clerk, Executors of the said James Short, may be required to Answer the said Appeal:

It is Ordered, That the said Doctor Donald Munro, John Spottiswoode, John Short, Mungo Baikie, and Joseph Clerk, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 7th Day of December next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Procurators in the said Court of Session in Scotland, shall be deemed good Service.

Glascotts against Wigmore.

Upon reading the Petition and Appeal of Ann Glascott Widow, Francis Glascott, George Glascott, William Glascott, and Thomas Glascott, by their Mother and Guardian, complaining of a Decree of the Court of Exchequer in Ireland or the 16th of May 1770; and praying, That the same may be reversed, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Nathaniel Wigmore, Heir at Law and Administrator of John Wigmore deceased, may be required to Answer the said Appeal:

It is Ordered, That the said Nathaniel Wigmore may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Thursday the 14th Day of December next; and Service of this Order upon the said Respondent, or upon his Clerk in Court, Agent, Attorney, or Solicitor, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Graham against Irving et al.

Upon reading the Petition and Appeal of Alexander Graham, late Merchant of Stromness in the Islands of Orkney, complaining of an Interlocutor of the Lord Ordinary in Scotland of the 17th of December 1773; and praying, That the same may be reversed, 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 James Irving junior, Ship-master, Oliver Melving Pilot, James Corner Sailor, John Dishon Smith, and William Taylor Dyer, all in the Village of Stromness, may be required to Answer the said Appeal:

It is Ordered, That the said James Irving, Oliver Melving, James Corner, John Dishon, and William Taylor, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 7th Day of December next; and Service of this Order upon the said Respondents, or upon any of their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Lane to enter into Recognizance on Hutchinsons Appeal.

The House being moved, That Mr. John Lane of King Street, Covent Garden, maybe permitted to enter into a Recognizance for John Hely Hutchinson Doctor of Laws, on Account of his Appeal depending in this House, he residing in Ireland.

It is Ordered, That the said John Lane may enter into a Recognizance for the said Appellant, as desired.

Spottiswoode to enter into Recognizance on D Gordon s Appeal.

The House being moved, That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Alexander Duke of Gordon, on Account of his Appeal depending in this House:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

D. Gordon against Sir James Grant et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein Alexander Duke of Gordon is Appellant, and Sir James Grant 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.

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

Upon reading the Petition and Appeal of Sir John Eden Baronet, Robert Eden Esquire, Frederick Eden, Son of the said Robert Eden, by the said Robert Eden his Father and next Friend, Jonathan Davison, and George Hartley, Esquires, standing by Revivor in the Place of Morton Davison Esquire, deceased, complaining of a Decree of the Court of Chancery of the 9th of December 1773, made in a certain Cause wherein Morton Davison Esquire was Plaintiff, and the Right Honourable John Earl of Bute, the Right Honourable Henry Lord Ravensworth, Mary Bowes Widow, the Right Honourable John Bowes Earl of Strathmore, the Right Honourable Mary Eleanor Bowes Countess of Strathmore, his Wife, and the Right Honourable John Bowes commonly called Lord Glamis, by the said Earl of Strathmore his Guardian, Defendants, admitting Evidence, both written and parole, to be read on the Part of the said Defendants in Explanation of the written Agreement of the 17th of April 1727, and of so much of the said Decree as declares, that according to the true Construction of the Heads of Agreement of the 17th of April 1727, the Lessees Right of Way-leave and Water course extends to all the Collieries and Coal Mines in their Possession at that Time, or which they should after wards be possessed of during the Term; and praying, That so much of the said Decree as above complained of may be reversed, or that the Appellants may have such other Relief in the Premises, as to their Lordships, in their great Wisdom, shall seem meet; and that John Earl of Bute, Henry Lord Ravensworth, John Earl of Strathmore, Mary Eleanor Countess of Strathmore his Wife, John Lord Glamis by the said Earl of Strathmore, his Guardian, and Mary Bowes Widow, may be required to Answer the said Appeal:

It is Ordered, That the said John Earl of Bute, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Thursday the 23d Day of this instant November; and Service of this Order upon the said Respondents Clerk, in Court, in the said Court of Chancery, mail be deemed good Service.

Ross against Ross et al.

Upon reading the Petition and Appeal of Munro Ross of Pitcalny, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th of July 1761; also of Two other Interlocutors of the said Lords, of the 26th of February and 22d of June 1762; and praying, That the same may be reversed or varied, 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 Captain John Lockhart Ross, who is now in Possession of the Estate of Balnagown, Francis now Earl of Moray, George now Earl of Dalhousie, and the Honourable Mr. Malcolm Fleming Ramsay, Brother to the said Earl of Dalhousie, Major General John Stewart in the Service of the States General of the United Provinces, for himself, and as representing the said Mr. Francis Stewart his Nephew, Sir, George Lockhart Baronet, Thomas Lockhart Esquire, Brother to the said Sir George Lockhart, now One of the Commissioners of Excise in Scotland; John Murray Esquire, Son of Lord Edward Murray, William Ross, now of Invercharron, and David Ross, now of Kindeace, the eldest son and Heir of Duncan Ross late of Kindeace, may be required to Answer the said Appeal:

It is Ordered, That the said Captain John Lockhart Ross, and the said several other Persons last named, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Thursday the 7th Day of December next; and Service of this Order upon the Counsel or Agents for the said Respondents in the said Court of Session in Scotland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse unique ad et in diem Veneris, decimum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 10^o Novembris 1775.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. Harborough takes the Oaths.

This Day Robert Earl of Harborough took the Oaths, and made and subscribed the Declaration; and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

East India Goods, &c. Accounts delivered.

The House being informed, That some of the Commissioners of the Customs attended;

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament, the Return of the said Commissioners, with the following Accounts; (videlicet),

N^o 1. An Account of prohibited East India Goods imported into St. Helens, and private Trade Ware-Houses in the Port of London, from Michaelmas 1774 to Michaelmas 1775; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1775.

2. An Account of prohibited East India Goods imported into Leadenhall Warehouses in the Port of London, from Michaelmas 1774 to Michaelmas 1775; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1775.

3. An Account of prohibited East India Goods remaining in His Majestys Warehouse in the Port of London, at Michaelmas 1774, what have been since brought in, what exported; as also what remained at Michaelmas 1775.

4. An Account of East India Goods prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports at Michaelmas 1774, what have been since brought in, what exported; as also what remained at Michaelmas 1775.

5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at St. Helens, Leadenhall, Billiter Lane, and the Custom House, in the Port of London, in order to be dyed, glazed, and refreshed, since Michaelmas 1774, what have been returned, and what remained at Michaelmas 1775.

6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1774 to Michaelmas 1775.

7. An Account of Naval Stores imported from Russiya into the Ports of England, commonly called the Out-Ports from Michaelmas 1774 to Michaelmas 1775.

8. An Account of the Number of Ships which have been employed in the Whale Fishery to Daviss Streights and the Greenland Seas, with their respective Names and Burthens, from whence they were fitted out, and at what Port in Great Britain they were discharged; and also what Quantity of Oil or Whale Fins each Ship has imported in the Year 1775;

9. An Account of all Grain, Corn, Meal, Malt, Flour, Bread, Biscuit, and Starch, exported from England, to any Place whatsoever, by virtue or in pursuance of any of the Liberties or Powers given or granted for that Purpose, by an Act, passed last Session, to prohibit the Exportation thereof, continued from the last Account; (viz.) from the 10th October 1774 to the 5th July 1775, inclusive.

And then they withdrew.

And the Titles thereof being read by the Clerk:

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

Allan and Smith against Sinclair.

Upon reading the Petition and Appeal of Jane Allan, Sifter German of Captain James Allan of His Majestys Navy, deceased, and Wife of Donald Smith Tacksman of Landside, in Orkney, and the said Donald Smith for his Interest, complaining of Three Interlocutors of the Lord Ordinary in Scotland, of the 16th of July, and 13th and 27th of November 1773; also of an Interlocutor of the Lords of Session there, of the 18th of January 1774; and of Five other Interlocutors of the said Lord Ordinary of the 22d of February, and the 5th and 26th of July 1774, and 26th of July and 2d of August 1775; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, mall seem just; and that Arthur Sinclair Esquire may be required to answer the said Appeal:

It is Ordered, That the said Arthur Sinclair Esquire may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 8th Day of December next; and Service of this Order upon the said Respondent, or upon his Counsel or Agent in the said Court of Session in Scotland, shall be deemed good Service.

Spottiswood to enter into Recognise on Ross Appeal.

The House being moved, That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Munro Ross of Pitcalny, Esquire, on Account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

and on Grahams Appeal.

The House being moved, That John Spottiswoode of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Alexander Graham, on Account of his Appeal depending in this House, he living in Scotland:

It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.

Balemanns Nat. Bill.

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

With a Bill, intituled, An Act for naturalizing Peter Henry Balemann; to which they desire the Concurrence of this House.

Molling and Bindheiseus Nat Bill.

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

With a Bill, intituled, An Act for naturalizing Frederick Moiling and John George Bindheisen, to which they desire the Concurrence of this House.

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

Petition of Congress to the King considered:

The Order of the Day being read for taking into further Consideration the Paper laid before this House, by the Earl of Dartmouth, on Monday last, by His Majestys Command, intituled, Copy of the Petition of the Congress to the King, delivered to the Earl of Dartmouth, by Messrs. Penn and Lee, on the 1st September 1775; and for the Lords to be summoned; and for the Attendance of Richard Penn Esquire:

Mr. R. Penn examined.

The said Mr. Richard Penn was called in; and being sworn, was examined at the Bar, as follows:

Q. How long have you resided in America?

A. I have resided there Sour Years.

Q. How long was you in the Government in Pensylvania?

A. Just Two Years.

Q. Do you know, or have you heard of any Violence or unfair Proceedings in the Election of the Members of the Continental Congress?

A. I have not heard of any.

Q. Do you think the Members are Men well-informed of the Temper, Disposition, and Strength of their respective Provinces, and capable of conveying the Sense of America?

A. I think they are Men of Character, and capable of conveying the Sense of America.

Q. Do you think that their several Proceedings do, in Reality, convey the genuine Sense of those Provinces you are acquainted with?

A. They do undoubtedly convey the Sense of the Provinces they represent.

Q. Have you any Reason to doubt they do convey the true Sense of the other Provinces?

A. They certainly do convey the Sense of the other Provinces also.

Q. Do you think the Provinces will be governed by their Decisions?

A. I firmly believe the Provinces will be governed by their Decisions?

Q. Do you not think that the present War on the Part of America is levied and carried on by the Directions of the Congress, and supported by the Inclination and Zeal of the Colonists in Defence of their Liberty?

A. This War is levied and carried on by a Sense of the Defence of their Liberties, as they think.

Q. Can you think that it is levied or carried on by any other Means or Persons?

A. I do not think it is carried on by any other Means or Account.

Q. Are you personally acquainted with many of the Members of the Congress?

A. I am acquainted with almost all the Members of the Congress.

Q. Do you think they levy and carry on this War for the Purpose of establishing an independent Empire?

A. I think they do not carry on the War for Independency; I never heard them breathe Sentiments of that Nature.

Q. For what Purpose do you believe they have taken up Arms?

A. In Defence of their Liberties.

Q. Was you in America at the Time the Stamp Act was laid?

A. I was.

Q. What Effects did the Repeal produce?

A. It Caused great Discontent, Uneasiness, and Distress.

Q. Was you there when it was repealed?

A. I was.

Q. What Effects did the Repeal produce?

A. The Repeal gave great Joy, and the Anniversary was kept as a Day of Mirth and Festivity.

Q. Were the Americans satisfied with their Condition, notwithstanding the Declaratory Act accompanied the Repeal of the Stamp Act?

A. They were satisfied with their Condition, notwithstanding the Declaratory Act.

Q. If Great Britain had left Things in the State they then were, do you think America would have remained content?

A. I think they would have remained content.

Q. Is it the general Opinion in America, that they are able to resist the Arms of Great Britain employed to enforce Taxation, and the late Acts complained of in America?

A. It is the Opinion of all I have ever conversed with.

Q. Is the Spirit of Resistance to these Acts general as far as your Knowledge goes?

A. Quite general.

Q. What Force has the Province of Pensylvania raised?

A. When I left Pensylvania, they had 20,000 Men in Arms, embodied, but not in Pay, and 4,500 Men since raised.

Q. What were these 20,000, Militia, or what?

A. They were Volunteers throughout the Province.

Q. What were the.4,500?

A. They were Minute Men, when upon Service in Pay.

Q. Are they included in the 20,000 Men, or exclusive of them?

A. Exclusive.

Q. Doth the Province contribute Money besides b the Continental Army?

A. They do.

Q. How many Men, fit to beat Arms; is it supposed there are in Pensylvania?

A. Sixty thousand.

Q. What Proportion of these 60,000 do you believe would willingly come forth, if necessary, in the present Contest?

A. All, I believe.

Q. Doth Pensylvania grow a sufficient Quantity of Corn to supply its Inhabitants?

A. Much more than is necessary, for they export considerably every Year.

Q. Do they make Gunpowder in Pensylvania?

A. They have lately.

Q. Have they taken any Methods to procure Saltpetre?

A. They have established several Works for that Purpose.

Q. Do they cast Brass Cannon?

A. They do in the City of Philadelphia.

Q. Have they the Materials and Means of calling Iron Cannon?

A. They have, in great Plenty.

Q. Do they make small Arms?

A They do, in great Numbers, and very complete.

Q. Is it not reckoned, that there are in Pensylvania and New York many strong Polls, and considerable Rivers?

A. There are.

Q. Are there Bridges over the principal Rivers?

A. Bridges are not common, in general there are Ferries; the Rivers are too rapid for Bridges.

Q. Do they build Ships in Pensylvania?

A. They do.

Q. Do they build them expeditiously?

A. Very expeditiously.

Q. Of what Burthen?

A. Three hundred or four hundred Tons.

Q. Did the Congress, and the People in general, seem dissatisfied with the Reception their Petitions had met with here?

A. The Colonies were dissatisfied with the Reception of their Petitions. They had conceived great Hopes from that I brought over, which was filled the Olive Branch, and I was complimented by my Friends upon being the Bearer thereof,

Q. If conciliatory Measures are not speedily pursued, is it not to be feared that the Congress will form some Connection with Foreign Powers?

A. It is greatly to be feared, if conciliatory Measures are not speedily pursued.

Q. If any Connection with Foreign Powers should be formed, do you not think that it will be very difficult to persuade America to renounce Engagements she has once entered into?

A. I do.

Q. When you delivered this Petition did the Secretary of State ask you any Questions relative to that Country?

A. None at all.

Q. Did he, or any other Minister, at any other Time since your Arrival, ask you any Questions as to the State or Temper of America?

A. I have not been asked any Questions by Persons in Authority.

Q. Did most thinking Men in Philadelphia understand the Refusal of the Petition would be a Bar to all Reconcilement?

A. They did;

Q. Have you ever read the Declaratory Act?

A. I have not read it.

Q. Have you not heard of it?

A. Yes, I have heard of it, but not much discussed.

Q. Do you think that the Colonies assent to the following Words:

That the Colonies and Plantations in America have been, are, and of Right ought to be, subordinate unto, and dependant upon, the Imperial Crown and Parliament of Great Britain?

A. The Colonies, I believe, are inclined to acknowledge the Imperial Authority of Great Britain, but not in Taxation.

Q. Do you think they acquiesce in every other Sense of the Declaratory Act except Taxation?

Which Question being objected to, the Witness withdrew; after Debate, he was called in, and the Question was again put to him.

A. Believes the Colonies acquiesce in the Words of the Declaratory Law.

Q. Was there no Violence used in the Election of the Members of the Congress?

A. I know, of my own Knowledge, only reflecting Pensylvania, where they were elected by the House of Assembly.

Q. Do you know all the Members of the Congress?

A. I am acquainted with almost all of them.

Q. Do you know Mr. Harrison?

A. I do, he is a Delegate from Virginia.

Q. Is he a Man of good Character?

A. I believe him to be so, I never heard to the contrary.

Q. Is he able to convey the Sense of the Province he represents?

A. I imagine for or they would not have elected him.

Q. Are you acquainted with the Sentiments of America in general?

A. I am particularly acquainted only with the Sentiments of Pensylvania.

Q. Have you heard of the Resolutions of Suffolk in Massachusetts Bay?

A. I have.

Q Have the Congress declared their Approbation of them?

A. I believe they have; it was in the publick Papers.

Q. Have you not heard of Violences committed on Persons for speaking their Opinions?

A. Not in Pensylvania.

Q. Are the Sentiments of the Northern and Southern Provinces similar?

A. I believe they are.

Q. Are the People of the different Provinces in a State of Freedom?

A. They think themselves so.

Q. Would not Persons, who were to advance Sentiments different from the Congress, be in Danger?

A. I believe they would.

Q. Do not you know of People having been persecuted for their Opinions?

A. I do not know of any such Thing in Pensylvania during my Residence there.

Q. . Have you not heard of such Things in other Colonies?

A. I have heard so.

Q. What Notice did the Congress take of the Resolutions of the House of Commons last Year?

A. I do not know, they always keep their Deliberations to themselves.

Q. Was the Plan proposed by Lord Chatham last Year taken Notice of by die Congress?

A. Not that I know of.

Q. Do you know whether the Congress published any Thing as to the Resolutions of last Year?

A. Not that I recollect

Q. Was the Conciliatory Plan of last Year considered in the Provinces?

A. It was considered in Pensylvania, and rejected by the House of Assembly, because they would not for fake their Sifter Colonies, nor do any Thing without consulting them.

Q. What Sort of Men were the 20,000 Men who offered to enrol themselves?

A. They were Men of the First Character and Fortune.

Q. Were they not all Persons of Property, or possessing Land?

A. There might be some others among them, but in general they were so.

Q. Unless the Congress had the Confidence of the Americans could they have any other Means of enforcing Obedience to their Orders?

A. They could not.

Q. Doth the Congress meet with the general Approbation of America?

A. When the Congress was First proposed no One opposed it; it seemed to be the general With of the People.

Q. Could a sufficient Number of People be sound to support any One in speaking or writing against the Congress?

A. No.

Q. Are you Master of the Charter of Pensylvania?

A. I believe I am, I have read it often.

Q. Are the Inhabitants well satisfied with their Charter?

A. I believe they are perfectly so.

Q. Do you know the Clause that subjects them to Taxation?

A. I do know that Clause.

Q. Do you think they are satisfied with it?

A. Yes.

Q. Is it not the Object of the Congress to throw off the Regulations of their Trade?

A. No.

Q. Have not the Congress perfected People?

A. Not to my Knowledge.

Q. Would not the most opulent Inhabitants prefer Freedom under this Country, to what they now enjoy?

A. They would prefer it to any other State of Freedom.

Q. Do you think they with to support the Measures of the Congress at present?

A. It is firmly my Opinion that they do, but with at the same Time for a Reconciliation with this Country.

Q. When you said that Pensylvania was satisfied with the Clause in their Charter concerning Taxation, did you mean to say, that they were willing to be taxed by Parliament?

A. I do not believe Pensylvania would be satisfied to be taxed by this Country and by their own Government too.

He was directed to withdraw.

Then it was moved, To resolve, that the Matter of the said Petition affords Ground of Conciliation of the unhappy Differences subsisting between the Mother Country and the Colonies; and that it is highly necessary that proper Steps be immediately taken for attaining so desirable an Object.

Which being objected to:

After long Debate;

The Question was put thereupon.

It was resolved in the Negative.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse unique ad et in diem Lun, decimum tertium diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.