Journal of the House of Lords Volume 35, 1776-1779. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 35: November 1776 1-10', in Journal of the House of Lords Volume 35, 1776-1779( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol35/pp11-18 [accessed 23 December 2024].
'House of Lords Journal Volume 35: November 1776 1-10', in Journal of the House of Lords Volume 35, 1776-1779( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol35/pp11-18.
"House of Lords Journal Volume 35: November 1776 1-10". Journal of the House of Lords Volume 35, 1776-1779. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol35/pp11-18.
In this section
November 1776 1-10
DIE Veneris, 1o Novembris 1776.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Archiep. Cantuar. Epus. Cestrien. Epus. Roffen. Epus. Bangor. |
Comes Bathurst, Cancellarius. Dux Chandos. Comes Hertford, Camerarius. Comes Carlisle. Comes Marchmont. Comes Fauconberg. |
Ds. Hume. |
PRAYERS.
His Majesty to be attended with the Address.
The Lord Chamberlain reported, "That the Lords with White Staves had (according to Order) waited on His Majesty, humbly to know what Time His Majesty would please to appoint to be attended with their Lordships Address; and that His Majesty had appointed this Day at Two o'Clock, at His Palace of Saint James."
Borthwick Claim of Peerage.
Upon reading the Petition of John Borthwick, of Crookston, setting forth, "That the Petitioner, in Support of his Claim to the Title and Dignity of Lord Borthwick, hath lodged printed Cases, containing the Evidences on which his said Claim is founded;" and therefore most humbly prays, "Their Lordships will be pleased to revive the Committee of Privileges, and that the said Committee may meet for the Purpose of finally determining the Merits of the said Claim on Monday, the 18 th Instant, or on such other Day, in this Session of Parliament, as to their Lordships shall appear most proper:"
It is Ordered, That the Committee of Privileges do meet to consider further of the said Claim, on Monday, the 18th Day of this instant November, as desired; and that Notice thereof be given to His Majesty's Attorney General, and the Lord Advocate for Scotland.
Bp. Rochester to preach on 5th November.
Ordered, That the Lord Bishop of Rochester be, and he is hereby desired to preach before this House, on Tuesday, the Fifth Day of this instant November, in the Abbey Church Westminster.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Lunæ, 4o Novembris 1776.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Roffen. Epus. Bangor. |
Comes Bathurst, Cancellarius. Comes Abercorn. Viscount Hampden. |
Ds. Scarsdale. |
PRAYERS.
Short against Munro et al.
The Answer of Donald Munro and others, to the Appeal of Thomas Short, was this Day brought in.
Fergusson et al. against Fall.
As was also, the Answer of Robert Fall Esquire, Merchant, in Dunbar, to the Appeal of John Fergusson and others.
His Majesty's Answer to Address, reported.
The Lord Chancellor reported, "That the House did, on Friday last, present their Address to His Majesty, to which His Majesty was pleased to return the following most gracious Answer:
My Lords,
I return you My Thanks for this dutiful and affectionate Address.
It is with great Pleasure I observe the Satisfaction which the Success of My Arms against the Rebels in North America has given to all My loving Subjects; that which you express is highly acceptable to Me.
"The Preservation of the Publick Tranquillity, the Happiness of all My People, and the Maintenance of Our most excellent Constitution, are the invariable Objects of My Heart."
Ordered, That the said Address, together with His Majesty's most gracious Answer thereto, be forthwith printed and published.
Goods and Merchandizes entered for North America, &c. Accounts delivered.
The House being informed, "That a Person from the Treasury attended:"
He was called in, and delivered at the Bar, pursuant to an Order and Address of the 13th of May last, for that Purpose,
Copies of all Entries of Goods and Merchandize outward for North America, which have been made at the Port of London, or any other Port within Great Britain or Ireland; and also of any Cockets or Permits that may have passed for shipping of Goods, etc.
"And also, Treasury Minutes, Letters, etc. together with Lifts thereof;" which were read by the Clerk as follow, (videlicet,)
Schedule of Papers delivered by the Commissioners of the Customs:
No. 1. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs in Scotland, dated 27th January 1776.
2. Copy of a Minute of the Board of Customs in Scotland, dated the 1st of February 1776.
3. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated the 1st of February 1776.
4. Copy of Mr. Brymer's Application to the Commissioners of the Customs in Scotland, dated 16th February 1776.
5. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated 19th February 1776.
6. Copy of a Letter from the Collector and Comptroller of Port Glasgow, to the Commissioners of the Customs in Scotland, dated 24th February 1776.
7. Copy of a Letter from the Commissioners of the Customs in Scotland,to the Collector and Comptroller of Port Glasgow, dated 26th February 1776.
8. Copy of a Memorial of the Commissioners of the Customs in Scotland, to the Lords Commissioners of the Treasury, dated 27th February 1776.
9. Copy of a Warrant from the Lords Commissioners of the Treasury, to the Commissioners of the Customs in Scotland, dated 27th February 1776.
10. Copy of a Letter from Mr. Robinson, One of the Secretaries of the Treasury, to the Commissioners of the Customs in Scotland, dated 1st March 1776.
11. Copy of a Letter from Mr. Robinson, One of the Secretaries of the Treasury, to the Commissioners of the Customs in Scotland, dated 2d March 1776.
12. Copy of a Minute of the Board of Customs in Scotland, dated 4th March 1776.
13. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated 4th March 1776.
14. Copy of a Minute of the Board of Customs in Scotland, dated 5th March 1776.
15. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated 5th March 1776.
16. Copy of a Minute of the Board of Customs in Scotland, dated 7th March 1776.
17. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated 7th March 1776.
18. Copy of a Warrant from the Lords Commissioners of the Treasury, to the Commissioners of the Customs in Scotland, dated 7th March 1776.
19. Copy of a Minute of the Board of Customs in Scotland, dated 11th March 1776.
20. Copy of a Letter from the Commissioners of the Customs in Scotland, to the Collector and Comptroller of Port Glasgow, dated 12th March 1776.
21. Copies of Entries made at the Custom House of Port Glasgow, in pursuance of Letters and Warrants from the Lords Commissioners of the Treasury, and Directions from the Commissioners of the Customs in Scotland, founded thereupon.
22. Copies of Entries made at the Custom House of Greenock, in pursuance of Letters and Warrants from the Lords Commissioners of the Treasury, and Directions from the Commissioners of the Customs in Scotland, founded thereupon.
23. Copy of an Entry made at the Custom House of Port Glasgow, in pursuance of a Licence from the Lords Commissioners of the Admiralty.
24. An Account of the several Quantities of Goods actually shipped from the Port of Port Glasgow for North America, (Canada and Nova Scotia excepted), since passing the Act prohibiting all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. in consequence of Entries, Cockets, or Permits, distinguishing each Species of Goods, by whom, and for whose Account, they were entered; when shipped, in what Ship or Vessel they have been shipped off, and by whose Licence or Permission.
25. An Account of the several Quantities of Goods actually shipped from the Port of Greenock for North America, (Canada and Nova Scotia excepted), since passing the Act, prohibiting all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. in consequence of Entries, Cockets, or Permits, distinguishing each Species of Goods, by whom, and for whose Account they were entered, when shipped, in what Ship or Vessel they have been shipped off, and by whose Licence or Permission.
26. An Account of any Goods, actually shipped from the Port of Port Glasgow for North America, (Canada and Nova Scotia excepted), since passing the Act, prohibiting all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. that may have been re-landed from any Ship or Vessel in consequence of any Order or Alteration in the Regulations that may have taken place for licensing the above Commerce, as permitted by the aforesaid Act, and the Reasons for such Alterations and Re-landing.
"27. An Account of any Goods actually shipped from the Port of Greenock for North America, (Canada and Nova Scotia excepted), since passing the Act, prohibiting all Trade and Intercourse with the Colonies of New Hampshire, Massachusets Bay, &c. that may have been re-landed from any Ship or Vessel in consequence of any Order or Alteration in the Regulations that may have taken place for licensing the above Commerce, as permitted by the aforesaid Act, and the Reasons for such Alterations and Re-landing."
Ordered, That the said Papers do lie on the Table.
Schedule of Papers presented to the House, in pursuance of an Order of the 13th of May 1776.
Treasury Minute, 15th March 1776.
Treasury Minute, 22d March 1776.
Treasury Minute, 26th March 1776.
Treasury Minute, 29th March 1776.
Treasury Minute, 3d April 1776.
Copy of a Letter, dated 15th March 1776, from Mr. Robinson to the Admiralty, that the Specifications in the Licences granted certain Ships are too general, and that the Licences should be consined to Ships laden with Provisions.
Copy of Mr. Robinson's Letter of 15th March 1776, to the Commissioners of the Customs, relating to Licences for Ships going to North America.
Copy of a Letter from Mr. Robinson to the Admiralty, that Licences may be granted to the Ships Loyalty and True Briton, to carry Provisions to America for the Use of the Army, etc. dated 23d March 1776.
Copy of a Letter, dated 23d March 1776, from Mr. Robinson to the Admiralty, that Mr. Watlington has agreed to withdraw the Licence he had applied for.
Copy of a Letter, dated 23d March 1776, from Mr. Robinson to the Admiralty, that a Licence may be granted to the Ship Nancy, to carry Provisions to America for the Use of the Army, etc.
Copy of Mr. Robinson's Letter, dated 26th March 1776, to the Admiralty, that the Board are of Opinion the Admiralty may grant Mr. Merry the Licence he prays for.
Copy of a Letter from Sir Grey Cooper to Mr. Merry,dated 26th January 1776.
Copy of a Letter from Sir Grey Cooper to Mr. Merry,dated 24th February 1776.
Copy of a Letter from Sir Grey Cooper to Mr. Merry,dated 28th February 1776.
Copy of a Letter, dated 24th March 1776, from Mr. Robinson to the Secretary at War, to know if the Articles for which a Licence is prayed for by Mr. Anderson, are Stores for His Majesty's Troops in America.
28th March 1776, Secretary at War to Mr. Robinson, on Mr. Anderson's Application for a Licence.
3d April 1776, Mr. Pownall to Mr. Robinson, about Mr. Anderson's Licence, enclosing Mr. Anderson's Memorial, and Copy of General Harvey's Letter to Mr. Pownall, dated 3d April 1776.
4th April 1776, Copy of a Letter from Mr. Robinson to Mr. Pownall, about Mr. Anderson's Licence.
4th April 1776, Copy of a Letter from Mr. Robinson to the Admiralty, about Mr. Anderson's Application for a Licence for the Ship Jameson and Peggy.
"Copy of a Contract between the Lords Commissioners of His Majesty's Treasury and Sir James Cockburne Baronet, for supplying the Forces with Rum; also, with James Bogle French Esquire."
Ordered, That the said Papers do lie on the Table.
Blake against Perrin and Vaughan, in 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 thereto; setting forth, "That this Cause stands for hearing 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, they have not yet been able finally to settle the Matters in Dispute between them in this Cause;" and therefore praying their Lordships, "That the Hearing of this Cause may stand adjourned till after Easter:"
It is Ordered, That the Hearing of the said Cause be put off till the First Cause Day after the Recess at Easter.
Campbell and Co. against Shepherd et al.; Petition to amend Appeal.
Upon reading the Petition of Messieurs Campbell, Robertson, and Company, Merchants in Glasgow, Appellants in a Cause depending in this House, to which William Shepherd, Merchant in London, and his Attornies, are Respondents, et e contra, which stands appointed for hearing, setting forth, "That the Petitioners presented their Appeal to their Lordships in the last Session of Parliament, from certain Interlocutors of the Lords of Session in Scotland: That in stating their Appeal, the following Interlocutors pronounced by the Lords of Session there, on the 13th of July and 20th of December 1775, and by the Lord Ordinary there on the 16th of January 1776, have been omitted, which the Petitioners conceive to have been pronounced to their Prejudice;" and therefore praying their Lordships, "That they may be at Liberty to amend their said Appeal, by adding the said Interlocutors; and that the Words, "16th of January 1776," may be left out in the original Appeal, and the Words, "13th of July 1775," substituted instead thereof, the same being already added in the printed Cases of both Parties delivered to the House, they amending the Respondents Copy:"
It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired, they amending the Respondents Copy.
L. Macdonald against McLeod:
Upon reading the Petition of Lord Macdonald, Appellant in a Cause depending in this House, and of Captain Norman McLeod, Respondent thereto, which stands appointed for hearing; setting forth, "That the Respondent, who is a Captain in His Majesty's Seventy-first Regiment of Foot, is now attending his Duty in America; and the Parties being in Treaty for an amicable Settlement of the Matters in Dispute, are desirous that the Cause should be postponed till the next Session of Parliament;" and therefore praying their Lordships, "to order the Hearing of the said Cause to be postponed till the next Session of Parliament:"
Hearing put off till next Session.
It is Ordered, That the Hearing of the said Cause be put off to the next Session of Parliament, as desired.
Causes put off.
Ordered, That the Hearing of the Cause wherein Messieurs Campbell, Robertson, and Company, Merchants in Glasgow, are Appellants, and William Shepherd, Merchant in London, and his Attornies, are Respondents, et e contra, which stands appointed for Wednesday next, be put off to Friday next; and that the rest of the Causes be removed in course.
Irvine against E. Aberdeen et al.:
Upon reading the Petition and Appeal of Alexander Irvine, of Drum, Esquire, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 21st of January, 28th of February, and 24th of July, 1771; also of Two other Interlocutors of the said Lords of the 24th and 31st of July 1772; and also of another Interlocutor of the said Lords of the 26th of June 1776; and praying, "That the same may be reversed, in so far as the same are complained of, or that the Appellant may have such other Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet: And that George Earl of Aberdeen, Mrs. Margaret Duff of Culler, Alexander Udny, of Udny, Esquire, her Husband, for his Interest, Patrick Duff of Whitehill, Captain Robert Duff of the Royal Navy, and the following Trustees and Executors of the deceased Alexander Thomson, Advocate in Aberdeen, Mrs. Catharine Skene his Relict, George Skene of Rubislaw, William Thomson, Merchant in Aberdeen, Gilbert More Merchant there, George and Alexander Mores his Sons, William Shepherd Merchant there, John Clerk Advocate there, Alexander Carnegie Town Clerk there, James Watson Advocate there, and Andrew Thomson of Cratown, Nephew and Heir at Law of the said deceased Alexander Thomson, may be required to answer the said Appeal:"
It is Ordered, That the said George Earl of Aberdeen, 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 Monday, the 2d Day of December next; and Service of this Order upon the Counsel or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.
Spottiswoode to enter into Recognizance on it.
The House being moved, "That John Spottiswoode, of Northumberland Street, Gentleman, may be permitted to enter into a Recognizance for Alexander Irvine, of Drum, Esquire, on Account of his Appeal depending in this House, he residing in Scotland:"
It is Ordered, That the said John Spottiswoode may enter into a Recognizance for the said Appellant, as desired.
Fergusson et al. against Fall.
The House being moved, "That a Day may be appointed for hearing the Cause, wherein John Fergusson and others are Appellants, and Robert Fall Esquire, Merchant in Dunbar, 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, quintum diem instantis Novembris, hora decima Auroræ, Dominis sic decernentibus.
DIE Martis, 5o Novembris 1776.
Domini tam Spirituales quam Temporales præsentes fuerunt:
Epus. Londin. Epus. Cestrien. Epus. Meneven. Epus. Roffen. Epus. Bangor. |
Comes Bathurst, Cancellarius. |
PRAYERS.
Appeals, Time extended for prosecuting.
Notice was taken, "That the Time limited by the Standing Orders of this House, of the 5th of April 1720, requiring Appeals to be prosecuted within Eight Days from the First Day of every Session or Meeting of Parliament, expires on Thursday next:"
Ordered, That the Time limited for that Purpose be extended to the next Sitting Day of the House.
In order for the Lords proceeding to the Abbey Church, Westminster, to solemnize this Day, being appointed by Act of Parliament to be observed for the happy Deliverance of King James the First, and the Three Estates of England, from the most traiterous and bloody intended Massacre by Gunpowder:
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Veneris, octavum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.
DIE Veneris, 8o Novembris 1776.
Domini tam Spirituales quam Temporales præsentes fuerunt:
PRAYERS.
Baillie against Chaigneau and Keogh.
The Answer of William Chaigneau and John Keogh, to the Appeal of Arthur Baillie Esquire, was this Day brought in.
Campbell and Co. against Shepherd et al. et e con.:
After hearing Counsel this Day upon the amended Petition and Appeal of Messieurs Campbell, Robertson, and Company, Merchants in Glasgow, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 28th of June, 13th of July, and 20th of December, 1775; and also of an Interlocutor of the Lord Ordinary there, of the 16th of January 1776; and praying, "That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet:" And likewife upon the Cross Appeal of William Shepherd, of London, Merchant, and Archibald Paterson of Glasgow, and Samuel Paterson of Edinburgh, Merchants, the Attornies of the said William Shepherd, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 28th of June 1775; and praying, "That the same might be reversed, varied, or altered, in so far as the Petitioners are aggrieved thereby, or that the Appellants might have such other Relief in the Premises, as to their Lordships should seem meet:" As also upon the Answer of William Shepherd and his Attornies, put in to the said original Appeal; and the Answer of Campbell, Robertson, and Company, Merchants in Glasgow, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:
Interlocutors affirmed with Costs.
It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Original and Cross Appeals be, and the same are hereby dismissed this House; and that the said Interlocutors therein complained of be, and the same are hereby affirmed; and it is further Ordered, That the Appellants in the Original Appeal do pay, or cause to be paid, to the Respondents in the said Appeal, the Sum of One hundred Pounds, for their Costs in respect of the said Appeal.
Healey against Copley et al.
Upon reading the Petition and Appeal of George Healey Gentleman, complaining of a Decree of the Court of Chancery, of the 19th of March 1776, made in certain Causes, wherein Thomas Copley Esquire, was Plaintiff, and the said George Healey, Robert Deighton, John Sylvester Smith, Henry Cooke, Godfrey Woolley Clerk, John Woodyeare Esquire, and George Cooke, were Defendants, and wherein the said George Healey was Plaintiff, and Thomas Newby, otherwise Copley, Esquire, was Defendant, by Original and Cross Bill; and praying, "That the same may be reversed; and to order that so much of the Bill brought by the said Thomas Copley as respects the Freehold Estates, may be dismissed with Costs, and to decree the Relief prayed by the Petitioner's Cross Bill; or to make such other Order in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Copley, Robert Deighton, John Sylvester Smith, Henry Cooke, Godfrey Woolley, John Woodyeare Esquire, and George Cooke, may be required to answer the said Appeal:"
It is Ordered, That the said Thomas Copley, 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 22d Day of this instant November: And Service of this Order upon the Clerks in Court of the said Respondents, in the said Court of Chancery, shall be deemed good Service.
Stokes and Wagner against Paterson.
Upon reading the Petition and Appeal of Nehemiah Stokes and Christian Wagner, of the City of London, Merchants, complaining of an Order of the Court of Exchequer in Ireland, of the 11th of May 1776; and praying, "That the same may be reversed; and that the Exceptions taken by the Petitioners to the Barons Report may be confirmed; and that the several Answers may be declared full, clear, and sufficient to the Plaintiff's Bill, in all and every the several Matters and Points excepted to; 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 Robert Paterson, of Banogh in the County of Down, in the Kingdom of Ireland, may be required to answer the said Appeal:"
It is Ordered, That the said Robert Paterson may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday, the 13th Day of December next; and Service of this Order upon the said Respondent, or upon his Clerk in Court, Attorney, Solicitor, or Agent, in the said Court of Exchequer in Ireland, shall be deemed good Service.
L. Falconer against Lawson.
Upon reading the Petition and Appeal of William Lord Falconer of Halkerton, complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of July 1774; and also of another Interlocutor of the said Lords, of the 17th of February 1775; and praying, "That the same may be reversed, varied, 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 David Lawson may be required to answer the said Appeal:"
It is Ordered, That the said David Lawson may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 6th Day of December next; and Service of this Order upon the said Respondent, or upon any of his Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.
Glass against Glass.
The House being moved, "That a Day may be appointed for hearing the Cause wherein John Glass Esquire is Appellant, and Jane Glass 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.
Thanks to Bp. Rochester for his Sermon.
Ordered, That the Thanks of this House be, and are hereby given to the Lord Bishop of Rochester, for the Sermon by him preached before this House on Tuesday last, in the Abbey Church Westminster; and that he be desired to cause the same to be forthwith printed and published.
York Building a Company against His Majesty's Advocate for Scotland.
Upon reading the Petition of His Majesty's Advocate for Scotland, on Behalf of His Majesty and the Publick, and the Creditors upon the Estate of the late Earl Marischall, Respondent in a Cause depending in this House, wherein the Governor and Company of Undertakers for raising the Thames Water in York Buildings, are Appellants; setting forth, "That this Cause, by several others being withdrawn and put off, now stands for hearing on Monday the 16th Instant: That the Question respecting the Publick cannot be so well heard in the Petitioner's Absence, and being obliged to attend the publick Duty of his Office in Scotland, he cannot be in London when the Cause stands for hearing;" and therefore praying their Lordships "to put off the Hearing of this Cause to the 20th Day of March next, or such other Day, in the present Session, as to their Lordships shall seem proper, 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 to Thursday the 20th Day of March next, as desired.
Rice against Howarth and another.
The House being moved, "That a Day may be appointed for hearing the Cause, wherein Walter Rice Esquire, is Appellant, and Edward Mainwaring Davies Howarth Esquire, and another, 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.
Broome to enter into Recognizance on Healey's Appeal.
The House being moved, "That Richard Broome of Gray's Inn, in the County of Middlesex, Esquire, may be permitted to enter into a Recognizance for George Healey Gentleman, on account of his Appeal depending in this House, he residing in the Country:"
It is Ordered, That the said Richard Broome may enter into a Recognizance for the said Appellant, as desired.
Munro against Fraser:
A Petition of George Munro, Appellant in a Cause depending in this House, to which Alexander Fraser is Respondent, which stands appointed for hearing, was presented and read; setting forth, "That the Petitioner having presented his Appeal to their Lordships, complaining of certain Interlocutors of the Court of Session in Scotland, is since advised to withdraw the same;" and therefore praying their Lordships, "That he may be at Liberty to withdraw his said Appeal:"
And thereupon the Agents on both Sides were called in, and heard at the Bar:
And being withdrawn;
Appeal withdrawn with Costs.
Ordered, That the Petitioner be at Liberty to withdraw his said Appeal, as desired, upon Payment of Twenty Pounds Costs to the Respondent.
Gottlieb for a Nat. Bill:
Upon reading the Petition of Andreas Gottlieb, praying, " That Leave may be given to bring in a Bill for his Naturalization:"
It is Ordered, That Leave be given to bring in a Bill, according to the Prayer of the said Petition.
Bill read.
Accordingly, The Lord Scarsdale presented to the House a Bill, intituled, " An Act for naturalizing Andreas Gottlieb."
The said Bill was read the First Time.
Macfarquhar and Douglas against Dodsley.
The House being informed, " That James Dodsley Bookseller, in London, Respondent to the Appeal of Colin Macfarquhar Printer, in Edinburgh, and George Douglas Paper Maker, there, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"
And thereupon an Affidavit of Charles Sibbald Writer, in Edinburgh, of the due Service of the said Order being read:
Ordered, That the said Respondent do put in his Answer to the said Appeal peremptorily in a Week.
Rowley et al. against Hamilton and Bainbridge.
The House being informed, " That Henry Hamilton and George Bainbridge, Respondents to the Appeal of Hercules Langford Rowley, and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:"
And thereupon an Affidavit of William Crosbie of the City of Dublin, in the Kingdom of Ireland, Gentleman, of the due Service of the said Order being read:
Ordered, That the said Respondents do put in their Answer to the said Appeal peremptorily in a Week.
East India Goods and Naval Stores &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 the several Acts of Parliament,
The Return of the said Commissioners, with the following Accounts; (videlicet),
1. An Account of prohibited East India Goods imported into Saint Hellens Warehouses, in the Port of London, from Michaelmas 1775 to Michaelmas 1776; also what exported during that Time, and what remained in the said Warehouses at Michaelmas 1776.
2. An Account of prohibited East India Goods imported into Leadenhall Warehouse, in the Port of London, from Michaelmas 1775 to Michaelmas 1776; also what exported during that Time, and what remained in the said Warehouse at Michaelmas 1776.
3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1775, what have been since brought in, what exported, also what remained at Michaelmas 1776.
4. An Account of East India Goods, prohibited to be worn in this Kingdom, in the respective Warehouses in the Out Ports, at Michaelmas 1775, what have been since brought in, what exported, as also what remained at Michaelmas 1776.
5. An Account of prohibited East India Goods which have been delivered out of the Warehouses at Saint Hellens, Leadenhall, and Billiter Lane, and the Custom House, in the Port of London, since Michaelmas 1775, in order to be dyed, glazed, and refreshed, what have been since returned, and what remained at Michaelmas 1776.
6. An Account of Naval Stores imported from Russia into the Port of London, from Michaelmas 1775 to Michaelmas 1776.
7. An Account of Naval Stores imported from Russia into the Ports of England, commonly called the Out Ports, from Michaelmas 1775 to Michaelmas 1776.
8. An Account of the Number of Ships which have been employed in the Whale Fishery to Davis's 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 1776.
"9. An Account of all Corn, Grain, 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, (videlicet), from 5th July 1775, to the 5th July 1776, inclusive."
And then they withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Copies of Entries of Goods, &c. for North America, &c. delivered.
The House being informed, "That Mr. Tomkyns, from the Commissioners of the Customs, attended:"
He was called in, and delivered at the Bar, pursuant to an Order and Address of the 13th of May last,
Copies of all Entries of Goods and Merchandize, outward, for North America, (Canada and Nova Scotia excepted), which have been made at the Port of London, or any other Port within that Part of Great Britain called England; and also of any Cockets or Permits that have passed by virtue of Licences granted by the Lords Commissioners of the Admiralty, for shipping of Goods into any Ships taken into His Majesty's Service bound to North America, since passing "An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusets 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;" (videlicet), from the 22d of December 1775, to the 13th of May 1776, with the Dates thereof; and also the several Quantities of Goods actually shipped from each Port in England, in consequence of such Entries, Cockets, or Permits, distinguishing the Species of each, by whom, and for whose Account they were entered, when shipped, in what Ship or Vessel they have been shipped off, and by whose Licence or Permission: Also, An Account of Goods, distinguished as above, that have been re-landed from any Ship or Vessel, in consequence of any Order or Alteration in the Regulations which have taken place for licensing the above Commerce, as permitted by the aforesaid Act, and the Reasons for such Alterations and Re-landing.
"Copies of all Entries of Goods and Merchandize, outward, for North America, which have been made at the Port of London, or any other Port within that Part of Great Britain called England, (except such Ships as have entered outwards by virtue of Licences granted by the Lords Commissioners of the Admiralty, for shipping of Goods into any Ships taken into His Majesty's Service bound for North America), since passing "An Act to prohibit all Trade and Intercourse with the Colonies of New Hampshire, Massachusets 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;" (videlicet), from the 22d December 1775, to the 13th May 1776, with the Dates thereof; and also the several Quantities of Goods actually shipped from each Port in England, in consequence of such Entries, distinguishing the Species of each, by whom, and on whose Account they were entered, when shipped, in what Ship or Vessel they have been shipped off, and to what Place bound."
No. 1. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated the 27th of December 1775.
2. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated 11th January 1776.
3. Copy of a Letter from Mr. Jackson to Mr. Stanley, dated 12th January 1776.
4. Copy of a Letter from Mr. Jackson to Mr. Stanley, dated 15th January 1776.
5. Copy of a Letter from Mr. Stanley to Mr. Jackson, dated 17th January 1776.
6. Copy of a Letter from Mr. Robinson to the Commissioners of the Customs, dated the 24th January 1776; with Forms of Licences.
7. Copy of a Minute of the Board of Customs, dated the 26th January 1776.
8. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated the 22d of February 1776.
9. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated the 27th of February 1776.
10. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated 8th March 1776.
11. Copy of a Minute of the Board of Customs, dated the 12th March 1776.
12. Copy of a Letter from Mr. Robinson to the Commissioners of the Customs, dated 15th March 1776.
13. Copy of a Letter from Mr. Jackson to Mr. Stanley, dated the 15th March 1776.
14. Copy of a Minute of the Board of Customs, dated the 19th March 1776.
15. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated the 20th of March 1776.
16. Copy of a Letter from Mr. Stanley to Mr. Jackson, dated 20th March 1776.
17. Copy of a Minute of the Board of Customs, dated the 29th March 1776.
18. Copy of a Minute of the Board of Customs, dated the 29th March 1776.
19. Copy of a Letter from Mr. Jackson, dated the 29th March 1776, to Mr. Stanley.
20. Copy of a Letter from Mr. Stanley to Mr. Jackson, dated 29th of March 1776.
21. Copy of a Letter from Mr. Jackson to Mr. Stanley, dated the 30th March 1776.
22. Copy of a Letter from Mr. Jackson to Mr. Stanley, dated the 30th March 1776.
23. Copy of a Letter from Mr. Stanley to Mr. Jackson, dated 2d of April 1776.
24. Copy of a Minute of the Board of Customs, dated the 2d April 1776.
25. Copy of a Warrant from the Lords Commissioners of the Treasury to the Commissioners of the Customs, dated the 3d of April 1776.
26. Copy of a Letter from Sir Grey Cooper to the Commissioners of the Customs, dated 11th April 1776.
27. Copy of a Minute of the Board of Customs, dated the 12th April 1776.
"28. Copy of a Letter from the Collector and Comptroller of Milford to the Commissioners of the Customs, dated the 2d May 1776, with Five Licences."
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Papers do lie on the Table.
Sir Edward Swinburne's Petition referred to Judges.
Upon reading the Petition of Sir Edward Swinburnc, of Caphcaton in the County of Northumberland, Baronet, on Behalf of himself, and of John Edward Swinburne, Robert Swinburne, and Edward Swinburne, Children of the Petitioner Sir Edward Swinburne, all Infants under the Age of Twenty-one Years; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Baron Hotham, who are forthwith to summon all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands; and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Novembris, hora undecima Auroræ, Dominis sic decernentibus.