House of Lords Journal Volume 31
February 1766, 1-10

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History of Parliament Trust

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Year published

1767-1830

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254-263

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'House of Lords Journal Volume 31: February 1766, 1-10', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 254-263. URL: http://british-history.ac.uk/report.aspx?compid=113251 Date accessed: 23 November 2014.


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Contents

Die Lunæ, 3o Februarii.
Hillar against Doe, wnt of Error Non pros’d, with Costs. Lookup against The Kings writ of Error. Lift of Civil officers in America, delivered. Great Doddington Enclosure, Bill. House in a Committee, to consider of Papers relating to Tumults in America. Adjourn. Die Martis, 4o Februarii.
Ld. Godolphin introduced. His Wiit of Summons. Sir Thomas Gooch’s Petition for a Private Bill. House in a Committee, to consider of Papers relating to Tumults in America. Causes removed. Adjourn. Die Jovis; 6o Februarii.
More Papers relating to America delivered. Burslem against Lewis. Doddlington Enclosure Bills; His Majesty’s Consent to it. Lloyd et al. Petition referred to Judges. Adjourn Die Veneris, 7o Februarii.
Doddington Enclosure, Bill. Blackheath, small Debts, Bill. Tunbridge Wells, Road Bill. Message from H. C. to return Burmester & al. Nat. Bill. Kymer to make a Navigable Canal from Little Gwendraeth River, Bill. Martin & ali against Dick & al. Judgement. Witnesses to attend on M thews’s Divorce Bill. Blackheath small Debts, Bill. Tunbridge Wells, Road Bill. Kymet to make a Navigable Camal from Gwendreeth River, Bill. Dr. Wishart & al. against Magistrates of Edinburgh. Adjourn. Die Lunæ, 10o Februarii.
Knox against Fallon & al. Sir J. Gordon against Clawfund. Sir J. Gordon against Rose. Sir J. Gordon against Frazer. Sir J. Gordon against M’Load Nedham & al. Petition referred to Judges. Tunbridge Wells, Road Bill. Kymer to make a Navigable Canal from Gwendraeth River, Bill. Clayton & al. Petition referred to Judges. To prohibit the Exportation of Corn, Bill. Hunter against Keith Stewart & al. Sir J. Gordon against M Lord. Sir J. Gordon against Frazer. Sir J. Gordon against Rose. Sir J. Gordon against Crawfurd. Sir J Chetwode’s petition referred to Judges. Great Doddington Enclosure, Bill. Message to the H. C. that the Lords have agreed to it. Imporatation of Corn, &c. \?\ America, Bill. Importation of Oats and Oatmeal, Bill. Report from Committee relating to Riots in America. Order for an Address thereupon. More Papers relating to Tumults in America laid before the House. Adjourn Footnotes

Die Lunæ, 3o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Dux York. Ds. Le Despencer.
Dux Gloucester. Ds. Botetourt.
Epus. Londin. Comes Northington, Cancellarius. Ds. Willoughby Br.
Epus. Duresm. Ds. Leigh.
Epus. Winton. Comes Winchilsea, Præses. Ds. Byron.
Epus. Raffen. Ds. Berkeley Str.
Epus. Litch. & Cov. Dux Newcastle, C. P. S. Ds. Boyle.
Epus. Cestrien. Ds. Trevor.
Epus. Wigorn. Dux Portland, Camerarius. Ds. Masham.
Epus. Cicestrien. Ds. Cadogan.
Epus. Bangor. Ds. Ducie.
Epus. Meneven. Dux Somerset. Ds. Monson.
Epus. Landav. Dux Grafton. Ds. Chedworth.
Epus. Lincoln. Dux Beaufort. Ds. Edgecumbe.
Epus. Bristol. Dux Bolton. Ds. Sandys.
Epus. Carliol. Dux Leeds. Ds. Bruce.
Epus. Exon. Dux Bedford. Ds. Ravensworth.
Epus. Petriburg. Dux Marlborough. Ds. Ponsonby.
Dux Argyll. Ds. Vere.
Dux Ancaster, Magnus Camerarius. Ds. Hyde.
Dux Kingston. Ds. Mansfield.
Dux Manchester. Ds. Lyttelton.
Dux Dorset. Ds. Sondes.
Dux Bridgewater. Ds. Grantham.
March. Rockingham. Ds. Scarsdale.
Comes Talbot, Senescallus. Ds. Boston.
Comes Lincoln. Ds. Lovel & Holland.
Comes Suffolk. Ds. Montague.
Comes Exeter. Ds. Beaulieu.
Comes Northampton. Ds. Camden.
Comes Denbigh. Ds. Digby.
Comes Westmorland.
Comes Peterborow.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Gainsborough.
Comes Holdernesse.
Comes Scarborough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Loudon.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Bute.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Harrington.
Comes Brooke.
Comes Gower.
Comes Buckinghamsh.
Comes Powis.
Comes Temple.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Radnor.
Comes Spencer.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Torrington.
Viscount Wentworth.
Viscount Countenay.

PRAYERS.

Hillar against Doe, wnt of Error Non pros’d, with Costs.

Upon reading the Petition of John Doe, Defendant in a Writ of Error brought into this House, wherein Robert Hillar is Plaintiff; praying, “In regard the Plaintiff hath not assigned Errors within the Time limited by their Lordships Standing Order, that the said Writ of Error may be Non pros’d, with such Costs as to their Lordships shall seem meet:”

It is Ordered, That the Petitioner do forthwith enter a Non pros. On the said Writ of Error, as desired; and that the Record be remitted to the Court of King’s Bench, to the End Execution may be had upon the Judgement given by that Court, as if no such Writ of Error had been brought into this House; and further, that the Plaintiff in Error do pay, or cause to be paid, to the Defendant in Error, the Sum of Twenty Pounds, for his Costs by reason of the Delay of the Execution of the said Judgement.

Lookup against The Kings writ of Error.

The House being moved, “That a Day may be appointed for hearing Counsel to argue the Errors assigned upon the Writ of Error, wherein George Lookup is Plaintiff, and the King 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.

Lift of Civil officers in America, delivered.

The Marquis of Rockingham (pursuant to an Address to His Majesty for that Purpose) laid before the House,

A Lift of Civil Officers employed in North America, whole Appointments arise at the Treasury, dated 31st January, 1766.

Also, “A Lift of the Officers of the Customs in North America, distinguishing such as are absent, dated 28th January, 1766.”

“A lift of all the Officers appointed to carry the Stamp Laws into Execution in America and The West Indies, dated 28th January 1766.”

Also “Extract of a Letter from the Collector and Comptroller at Philadelphia to the Commissioners of the Customs, dated 1st December, 1765.”

And Also, “Copy of a Letter from Mr. Buttell, with an Extract of a Letter from Mr. Hinshelwood, Distributor of Stamps at Nova Scotia; and with a Copy of an, Incendiary Letter to him, dated November 1st, 1765.”

And the Titles thereof being read by the Clerk:

Ordered, That the said Papers be referred to the Committee of the whole House, appointed to consider of the late Tumults in America;

Great Doddington Enclosure, Bill.

Hodie 1a vice lecta est billa, intituled. “An Act for dividing and enclosing the Open and Common, Fields, Common Meadows, Common Pastures, Lot Grounds, and commonable waste Grounds, in the Parish of Great Doddington, in the County of Northampton.”

House in a Committee, to consider of Papers relating to Tumults in America.

The Order of the Day being read, for the House to be in a Committee, to consider of the several “Papers laid before this House, by His Majesty’s Command, relating to the late Riots and Tumults in America;

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, “That they had been in Consideration of the Papers to them referred, and had made some further Progress therein; and desired another Time may be appointed, for the House to be in a Committee again, to consider further of the said Papers.”

Ordered, That the House be put into a Committee, to consider further of the said Papers, To-morrow.

Adjourn.

Dominus Cancellarius declaravit praeæsens Parliamentum continuandum esse usque ad et in diem Martis, quartum diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Die Martis, 4o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Dux York. Ds. Le Despencer.
Dux Gloucester. Ds. Botetourt.
Epus. Londin. Comes Northington, Cancellarius. Ds. Willoughby Br.
Epus. Duresm. Ds. Leigh.
Epus. Hereford. Comes Winchilsea, Præses. Ds. Berkeley Str.
Epus. Roffen. Ds. Boyle.
Epus. Litch. & Cov. Dux Newcastle, C. P. S. Ds. Trevor.
Epus. Cestrien. Ds. Masham.
Epus. Wigorn. Dux Portland, Camerarius. Ds. Cadogan.
Epus. Cicestrien. Ds. Ducie.
Epus. Bangor. Ds. Menson.
Epus. Glocestr. Dux Somerset. Ds. Godolphin.
Epus. Meneven. Dux Grafton. Ds. Montfort.
Epus. Landav. Dux Beaufort. Ds. Chedworth.
Epus. Lincoln. Dux Bolton. Ds. Edgecumbe.
Epus. Bristol. Dux Leeds. Ds. Sandys.
Epus. Carliol. Dux Bedford. Ds. Bruce.
Epus. Exon. Dux Marlborough. Ds. Ravensworth.
Epus. Petriburg. Dux Argyll. Ds. Ponsonby.
Dux Ancaster, Magnus Camerarius.
Ds. Vere.
Dux Kingston. Ds. Mansfield.
Dux Manchester. Ds. Lyttelton.
Dux Dorset. Ds. Sondes.
Dux Bridgewater. Ds. Wycombe.
March. Rockingham. Ds. Grantham.
Comes Talbot, Senescallus. Ds. Grosvenor.
Ds. Scarsdale.
Ds. Boston.
Comes Suffolk. Ds. Lovel & Holland.
Comes Exeter. Ds. Montagu.
Comes Northampton. Ds. Beaulieu.
Comes Denbigh. Ds. Camden.
Comes Westmorland. Ds. Digby.
Comes Peterborow.
Comes Sandwich.
Comes Essex.
Comes Cardigan.
Comes Shaftesbury.
Comes Litchfield.
Comes Gainsborough.
Comes Holdernesse.
Comes Scarborough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Loudon.
Comes Dunmore.
Comes March.
Comes Marchmont.
Comes Bute.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Harrington.
Comes Gower.
Comes Buckinghamsh.
Comes Temple.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Radnor.
Comes Spencer.
Viscount Hereford.
Viscount Weymouth.
Viscount Townshend.
Viscount Bolingbroke.
Viscount Torrington.
Viscount Wentworth.
Viscount Courtenay.

PRAYERS.

Ld. Godolphin introduced.

Francis Godolphin Lord Godolphin, claiming by virtue of a special Limitation contained in a Patent granted to Francis late Earl of Godolphin, bearing Date the 23d Day of January, in the Eighth Year of the Reign of His late Majesty King George the Second, was this Day (in his Robes) introduced, between the Lord Botetourt and the Lord Berkeley of Stratton (Also in their Robes); the Gentleman Usher of the Black Rod, Garter King at Arms, and the Lord Great Chamberlain, preceding.

His Lordship, on his Knee, presented his Patent to the Lord Chancellor at the Wool-sack, who delivered it to the Clerk; and the same was read at the Table.

His Lordship’s Writ of Summons was Also read, as follows; videlicet.

His Wiit of Summons.

“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 Francis Godolphin of Helston in Our County of Cornwall Chevalier, Greeting. Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our Kingdom of Great Britain and the Church, is now met, at Our City of Westminster; 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 Our aforesaid Parliament, 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 the said Kingdom and Church, and the Dispatch of the said Affairs.
“Witness Ourself, at Westminster, the Thirtieth Day of January, in the Sixth Year of Our Reign.
“Yorke & 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 due Place.

Sir Thomas Gooch’s Petition for a Private Bill.

Upon reading the Petition of Sir Thomas Gooch Baronet; praying Leave to bring in a Bill, for granting Building Leases of such Parts of his Freehold Lands as are proper to build on; and for granting a Piece or Parcel of Land, lying in the Town of Birmingham, for the Purpose of building a Church, and making a Burying Ground, and for other Purposes in the said Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Wilmot; 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.

House in a Committee, to consider of Papers relating to Tumults in America.

The Order of the Day being read, for the House to be in a Committee, to consider further of the several Papers laid before this House, by His Majesty’s Command, relating to the late Riots and Tumults in America:

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, “That they had been in Consideration of the Papers to them referred, and had made some further Progress therein; and desire another Time may be appointed, for the House to be in a Committee again, to consider further of the said Papers.”

Ordered, That the House be put into a Committee, to consider further of the said Papers, on Thursday next.

Causes removed.

Ordered, That the Cause which stands for Friday next be put off to Monday next; and that the Cause which stands for To-morrow be put off to Friday next; and that the rest of the Causes be removed in Course.

Adjourn.

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

Die Jovis; 6o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor. Dux York. Ds. Le Despencer.
Epus. Londin. Dux Gloucester. Ds. Botetourt.
Epus. Duresm. Comes Northington, Cancellarius. Ds. Willoughby Br.
Epus. Hereford. Ds. Leigh.
Epus. Roffen. Comes Winchilsea, Præses. Ds. Byron.
Epus. Litch. & Cov. Ds. Berkeley Sit.
Epus. Cestrien. Dux Newcastle, C. P. S. Ds. Boyle.
Epus. Cicestrien. Ds. Trevor.
Epus. Bangor. Dux Portland, Camerarius. Ds. Masham.
Epus. Glocestr. Ds. Romney.
Epus. Meneven. Dux Grafton. Ds. Cadogan.
Epus. Landav. Dux Beaufort. Ds. Ducie.
Epus. Lincoln. Dux Bolton. Ds. Montfort.
Epus. Bristol. Dux Bedford. Ds. Monson.
Epus. Carliol. Dux Marlborough. Ds. Chedworth.
Epus. Exon. Dux Argyll. Ds. Edgecumbe.
Dux Ancaster, Magnus Camerarius. Ds. Bruce.
Dux Manchester. Ds. Ravensworth.
Dux Bridgewater. Ds. Ponsonby.
Ds. Vere.
March. Rockingham. Ds. Hyde.
Comes Talbot, Senescallus. Ds. Mansfield.
Ds. Lyttelton.
Comes Suffolk. Ds. Wycombe.
Comes Exeter. Ds. Grantham.
Comes Denbigh. Ds. Grosvenor.
Comes Peterborow. Ds. Scarsdale.
Comes Sandwich. Ds. Boston.
Comes Essex. Ds. Lovel & Holland.
Ds. Camden.
Comes Cardigan. Ds. Digby.
Comes Shaftesbury.
Comes Litchfield.
Comes Holdernesse.
Comes Plimouth.
Comes Scarborough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Morton.
Comes Eglintoun.
Comes Abercorn.
Comes Loudon.
Comes Durmore.
Comes March.
Comes Marchmont.
Comes Oxford.
Comes Ferrers.
Comes Strafford.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Pomfret.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Harrington.
Comes Gower.
Comes Buckinghamsh.
Comes Powis.
Comes Temple.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Radnor.
Comes Spencer.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Bolingbroke.
Viscount Falmouth.
Viscount Harrington.
Viscount Wentworth.
Viscount Courtenay.

PRAYERS.

More Papers relating to America delivered.

The Duke of Grafton (by His Majesty’s Command) laid before the House,

“Copy of a Letter from Lieutenant Governor Fauquier to Mr. Secretary Conway, Williamsburg, December 11th, 1765.”

“Copy of a Letter from Governor Tryon to Mr. Secretary Conway, Brunswick, North Carolina, 5th November, 1765.”

“Extract of a Private Letter from a Merchant at Charles Town, 29th October, 1765 (in Governor Tryon’s, the 5th November, 1765).”

“Extract of a Letter from Francis Fauquier Esquire, Lieutenant Governor of Virginia, to Mr. Secretary Conway, Williamsburg, November 24th, 1765.”

“Extract of a Letter from Francis Fauquier Esquire, Lieutenant Governor of Virginia, to the Lords Commissioners for Trade and Plantations, dated Williamsburg, December 17th, 1765.”

And the Titles thereof being read by the Clerk:

Ordered, That the same be referred to the Committee of the whole House, appointed to consider of the late Tumults in America.

Burslem against Lewis.

Upon reading the Petition and Appeal of James Burslem Clerk and Sarah his Wife, who is the Mother and Administratrix of Humphry Greswold deceased, and also Administratrix de Borns non of Martha Greswold the Elder, deceased; complaining of a Decree, or Order of Dismission, of the Court of Chancery, of the 9th Day of July 1765; and praying, “That the same may be reversed, or that the Appellants may have such Relief in the Premises as to their Lordships in their great Wisdom shall seem meet; and that David Lewis and Henry Greswold Lewis may be required to answer the said Appeal:”

It is Ordered, That the said David Lewis and Henry Greswold Lewis 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 20th Day of this Instant February

Doddlington Enclosure Bills; His Majesty’s Consent to it.

The Duke of Grafton acquainted the House, “That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lot Grounds, and Commonable Waste Grounds, in the Parish of Great Doddington, in the County of Northampton,” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

Then the said Bill was read a Second Time.

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

L. President. L. Bp. London.
L. Chamberlain. L. Bp. Durham. L. Botetourt.
D. Bolton. L. Bp. Rochester. L. Leigh.
D. Bedford. L. Bp. Litch. & Cov. L. Romney.
D. Manchester. L. Bp. Exeter. L. Monson.
D. Bridgewater. L. Bp. Exeter. L. Sandys.
L. Bruce.
E. Suffolk. L. Vere.
E. Exeter. L. Hyde.
E. Denbigh. L. Lyttelton.
E. Sandwich. L. Boston.
E. Shaftesbury.
E. Scarborough.
E. Coventry.
E. Poulett.
E. Abercorn.
E. Marchmont.
E. Aylesford.
E. Temple.
Vis. Falmouth.
Vis. Wentworth.

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

Lloyd et al. Petition referred to Judges.

Upon reading the Petition of Thomas Lloyd of Tresnant in the County of Montgomery, George Lewis, William Jones, and Thomas Davis, Gentlemen; praying; Leave to bring in a Bill, for carrying into Execution Contracts for Sale of certain Lands, and for settling certain purchased Lands in Lieu thereof; and for raising Money sufficient to discharge the Debts and Encumbrances of the said Thomas Lloyd:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. (fn. 1) Justice Smythe and Mr. Baron Perrott; 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.

The Order of the Day being read, for the House to be in a Committee, to consider further of the several Papers laid before this House, by His Maje Ordered, That the House be put into a Committee, to consider further of the said Papers, sty’s Command, relating to the late Tumults in America:

The House was accordingly adjourned during Pleasure, and put into a Committee thereupon.

After some Time, the House was resumed.

And the Lord Botetourt reported from the Committee, “That they had come to several Resolutions.”

Ordered, That the Report of the said Resolutions be received on Monday next.

Adjourn

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

Die Veneris, 7o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Meneven. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Exon. Ds. Leigh.
Comes Winchilsea, Præses. Ds. Cadogan.
Ds. Sandys.
Dux Grafton. Ds. Mansfield.
Comes Suffolk. Ds. Boston.
Comes Denbigh. Ds. Lovel & Holland.
Comes Sandwich.
Comes Shaftesbury.
Comes Abercorn.
Comes Marchmont.
Comes Oxford.
Comes Gower.
Comes Temple.

PRAYERS.

Doddington Enclosure, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lot Grounds, and Commonable Waste Grounds, in the Parish of Great Doddington, in the County of Northampton;” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents, to the Satisfaction of the Committee and that the Committee had gone through the Bill, and directed him to report the same to the House; without any Amendment.”

Blackheath, small Debts, Bill.

A Message was brought from the House of Commons, by Sir Francis Vincent and others:

With a Bill, intituled, “An Aft for extending the Provisions of an Act made in the last Session of Parliament, for the more easy and speedy Recovery of small Debts within the Hundreds of Blackheath, of Bromley, and Beckenham, of Rokesley otherwise Ruxley, and of Little and Lessness, in the County of Kent, to the Hundred of Wallington in the County of Surrey;” to which they desire the Concurrence of this House.

Tunbridge Wells, Road Bill.

A Message was brought from the House of Commons, by the Lord George Sackville and others:

With a Bill, intituled, “An Aft for repairing, widening, and keeping in Repair, the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Sussex;” to which they desire the Concurrence of this House.

Message from H. C. to return Burmester & al. Nat. Bill.

A Message was brought from the House of Commons, by Sir John Glynne and others:

To return the Bill, intituled, “An Act for naturalizing Hieronymus Henry Burmester, John Wienholt, and Julius Conrad Ridder;” and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

Kymer to make a Navigable Canal from Little Gwendraeth River, Bill.

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

With a Bill, intituled, “An Act to enable Thomas Kymer Esquire to make a Navigable Cut or Canal, from Little Gwendraeth River, near the Town of Kidwely, to the Great Forest and Pwll Llygod in the County of Carmarthen;” to which they desire the Concurrence of this House.

Martin & ali against Dick & al. Judgement.

After hearing Counsel, upon the Petition and Appeal of Thomas Martin, William Morrison, James Ballairdie, William Tait, present Baillies, James Martin Junior, present Treasurer, and James Martin Senior, William Martin, Alexander Anderson Robert Ramsay, David Lowson, David Bowman, Robert Stevenson, Alexander Hamilton, James Thomson, William Melvill, Thomas Davidson, Thomas Watsin, James Laing, Thomas Ballairdie, and John Durkie, present Counsellors of the Borough of Pittenweem; complaining of an Interlocutor of the Lords of Session in Scotland, of the 14th of December 1765; and praying, That the same might be reversed, or that the Appellants might have such other Relief in the Premises as to their Lordships in their great Wisdom should seem meet:” As Also upon the Answer of Robert Disk, Peter Ramsay, Andrew Wilson, John Brown, James Nairn, Colin Fowler, and John Henderson, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

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 Interlocutor therein complained of be, and the same is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or Cause to be paid, to the said Respondents, the Sum of One Hundred Pounds, for their Costs in respect of the said Appeal.

Witnesses to attend on M thews’s Divorce Bill.

Ordered, That Edward Hales, William Cripps, Edward Cullum, Moses Kislingbury, and John Greene Register of the Arches, do attend this House on Thursday the 13th Day of this Instant February, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of “John Mathews with Ann Mathews his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

Blackheath small Debts, Bill.

Hodie 1a vice lecta est Billa, intituled, “Art Act for extending the Provisions of an Act, made in the last Session of Parliament, for the more easy and speedy Recovery of small Debts, within the Hundreds of Blackheath, of Bromley, and Beckenham, of Rokesley otherwise Ruxley, and of Little and Lessness, in the County of Kent, to the Hundred of Wallington in the County of Surrey.”

Tunbridge Wells, Road Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for repairing, widening, and keeping in Repair, the Road leading from Tunbridge Wells in the County of Kent, to the Cross Ways near Maresfield Street in the County of Surrey.”

Kymet to make a Navigable Camal from Gwendreeth River, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act to enable Thomas Kymer Esquire to make a Navigable Cut, or Canal, from Little Gwendraeth River, near the Town of Kidwely, to the Great Forest and Pwll Llygod in the County of Carmarthen.”

Dr. Wishart & al. against Magistrates of Edinburgh.

Ordered, That the Hearing of the Cause wherein Doctor Wishart Doctor in Divinity and others are Appellants, and the Magistrates and Town Council of Edinburgh are Respondents, which stands appointed for Monday next, be put off to Friday; and that the rest of the Causes be removed in Course.

Adjourn.

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

Die Lunæ, 10o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Ebor. Dux York. Ds. Le Despencer.
Epus. Londin. Dux Gloucester. Ds. Abergavenny.
Epus. Duresm. Comes Northington, Cancellarius. Ds. Botetourt.
Epus. Bath. & Wells. Ds. Willoughby Br.
Epus. Hereford. Comes Winchilsea, Præses. Ds. Leigh.
Epus. Roffen. Ds. Byron.
Epus. Litch. & Cov. Dux Newcastle, C. P. S. Ds. Berkeley Sir.
Epus. Cestrien. Ds. Delamer.
Epus. Wigorn. Dux Portland, Camerarius. Ds. Boyle.
Epus. Cicestrien. Ds. Trevor.
Epus. Bangor. Ds. Masham.
Epus. Glocestr. Dux Grafton. Ds. Cadogan.
Epus. Meneven. Dux Beaufort. Ds. Ducie.
Epus. Landav. Dux Bolton. Ds. Monson.
Epus. Lincoln. Dux Leeds. Ds. Chedworth.
Epus. Carliol. Dux Bedford. Ds. Edgecumbe.
Epus. Exon. Dux Marlborough. Ds. Sandys.
Dux Argyll. Ds. Sandys.
Dux Ancaster, Magnus Camerarius. Ds. Bruce.
Dux Kingston. Ds. Ravensworth.
Dux Manchester. Ds. Ponsonby.
Dux Dorset. Ds. Vere.
Dux Bridgewater. Ds. Walpole.
March. Rockingham. Ds. Mansfield.
Comes Talbot, Senescallus. Ds. Lyttelton.
Ds. Wycombe.
Ds. Sondes.
Comes Suffolk. Ds. Grantham.
Comes Exeter. Ds. Grosvenor.
Comes Northampton. Ds. Scarsdale.
Comes Peterborow. Ds. Boston.
Comes Sandwich. Ds. Lovel & Holland.
Comes Essex. Ds. Montagu.
Comes Cardigan. Ds. Camden.
Comes Shaftesbury. Ds. Digby.
Comes Litchfield.
Comes Gainsborough.
Comes Holdernesse.
Comes Plymouth.
Comes Scarborough.
Comes Albemarle.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Eglintoune.
Comes Abercorn.
Comes Dunmore.
Comes Loudoun.
Comes March.
Comes Marchmont.
Comes Bute.
Comes Oxford.
Comes Strafford.
Comes Dartmouth.
Comes Halifax.
Comes Sussex.
Comes Macclesfield.
Comes Pomfret.
Comes Kerr.
Comes Waldegrave.
Comes Ashburnham.
Comes Orford.
Comes Harrington.
Comes Brooke.
Comes Gower.
Comes Buckinghamsh.
Comes Powis.
Comes Northumb’land.
Comes Temple.
Comes Harcourt.
Comes Guilford.
Comes Cornwallis.
Comes Hardwicke.
Comes Ilchester.
Comes Radnor.
Comes Spencer.

PRAYERS.

Knox against Fallon & al.

The Answer of William Fallon and others, to the Appeal of William Knox Esquire, was this Day brought in.

Sir J. Gordon against Clawfund.

Also, the Answer of Thomas Crawfurd Writer in Edinburgh, to the Appeal of Sir John Gordon Baronet:

Sir J. Gordon against Rose.

Also, the Answer of Hugh Rose the Younger of Aitnock, to another Appeal of the said Sir John Gordon Baronet:

Sir J. Gordon against Frazer.

Also, the Answer of William Fraser, to another Appeal of the said Sir John Gordon Baronet:

Sir J. Gordon against M’Load

And Also, the Answer of Roderick Mac Lord of Cadboll Esquire, to another Appeal of the said Sir John Gordon Baronet:

Were this Day brought in.

Nedham & al. Petition referred to Judges.

Upon reading the Petition of Catherine Nedham, Widow and Executrix of Robert Nedham, formerly of Newry in the County of Down and Kingdom of Ireland, but late residing at Beckenham in the County of Kent, and afterwards at Wallingford in the County of Berks, in the Kingdom of Great Britain, Esquire, deceased, and of George Nedham Esquire, Eldest Son and Heir of the said Robert Nedham, the only Younger Son of the said Robert Nodham, and of Harriot Browne Wife of Thomas Trollope Browne Esquire and only Daughter of the said Robert Nedham; praying Leave to bring in a Bill, for confirming an Agreement for the Sale of certain Lands therein mentioned; and for vesting the same in Trustees, in order to fell the same, for the Purposes in the said 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. (fn. 2) Justice Smythe; 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.

Tunbridge Wells, Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for repairing, widening, and keeping in Repair, the Road leading from Tunbridge Wells, in the County of Kent, to the Cross Ways near Matesfield Street, in the County of Sussex.”

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

L. President. L. Bp. London.
L. Chamberlain. L. Bp. Litch. & Cov. L. Botetourt.
D. Bolton. L. Leigh.
D. Leeds. L. Bp. Chester. L. Delamer.
D. Bedford. L. Bp. Landaff. L. Trevor.
D. Marlborough. L. Bp. Exeter. L. Bathurst.
E. Suffolk. L. Ducie.
E. Exeter. L. Sandys.
E. Peterborow. L. Walpole.
E. Sandwich. L. Lyttelton.
E. Shaftesbury. L. Grantham.
E. Litchfield. L. Boston.
E. Albemarle.
E. Coventry.
E. Abercorn.
E. Marchmont.
E. Oxford.
E. Dartmouth.
E. Pomfret.
E. Temple.
V. Weymouth.

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

Kymer to make a Navigable Canal from Gwendraeth River, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enable Thomas Kymer Esquire to make a Navigable Cut, or Canal, from Little Gwendraeth River near the Town of Kidwely, to the Great Forest and Pwll Llygod in the County of Carmarthen.

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

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

Clayton & al. Petition referred to Judges.

Upon reading the Petition of William Clayton of Harleyford in the County of Bucks Esquire, on Behalf of himself, and of William Clayton his only Son an Infant, and also of Sir Kenrick Clayton of Marden in the County of Surrey Baronet, and Robert Clayton of the same Place Esquire the only Son of the said Sir Kenrick Clayton; praying Leave to bring in a Bill, for Sale of certain Lands in the County of Surrey; and for purchasing other Lands, to be settled to the Uses contained in the Will of Sir William Clayton late of Marden in the County of Surrey Baronet, deceased:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to Mr. (fn. 3) Justice Smythe and Mr. Baron Adams; 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.

To prohibit the Exportation of Corn, Bill.

A Message was brought from the House of Commons; by Sir Joseph Mawbey and others:

With a Bill, intituled, “An Act to prohibit the Exportation of Corn, Grain, Malt, Meal, Flour, Bread, Biscuit, and Starch, for a limited Time;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Hunter against Keith Stewart & al.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Robert Hunter of London Merchant is Appellant, and Captain Keith Stewart and others are Respondents, ex Parte; the Respondents not having put in an Answer, though peremptorily Ordered so to do:”

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, ex Parte, on the First vacant Day for Causes After those already appointed, unless the Respondents put in an Answer in the mean Time.

Sir J. Gordon against M Lord.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Sir John Gordon of Invergordon Baronet and Leonard Urquhart Writer to the Signet are Appellants, and Roderick Mc Lord 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.

Sir J. Gordon against Frazer.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Sir John Gordon of Invergordon Baronet and Leonard Urquhart Writer to the Signet are Appellants, William Fraser 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.

Sir J. Gordon against Rose.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Sir John Gordon of Invergordon Baronet and Leonard Urquhart Writer to the Signet are Appellants, Hugh Rose 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.

Sir J. Gordon against Crawfurd.

The House being moved, “That a Day may be appointed, for hearing the Cause wherein Sir John Gordon of Invergordon Baronet and Leonard Urquhart Writer to the Signet are Appellants, and Thomas Crawfurd 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.

Sir J Chetwode’s petition referred to Judges.

Upon reading the Petition of Sir John Chetwode of Ohkley in the County of Stafford Baronet, Son and Heir of Sir Philip Touthett Chetwode late of Oakle aforesaid Baronet, deceased, Philip Chetwode Clerk, and Charles Chetwode Gentleman, Younger Sons of the said Sir Philip Chetwode praying Leave to bring in a Bill, for vesting the Inheritance of Part of the settled Estates, in the Petition mentioned, in Trustees, to be sold, for the Purposes therein mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby, referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Bathurst; 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.

Great Doddington Enclosure, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open and Common Fields, Common Meadows, Common Pastures, Lot Grounds, and Commonable Waste Grounds, in the Parish of Great Doddington, in the County of Northampton.

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

It was Resolved in the Affirmative.

Message to the H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Montagu and Mr. Cudden:

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

Imporatation of Corn, &c. \?\ America, Bill.

A Message was brought from the House of Commons, by Sir Joseph Mawbey and others:

With a Bill, intituled, “An Act for allowing the Importation of Corn and Grain from His Majesty’s Colonies in America into this Kingdom, for a limited Time, free of Duty;” to which they desire the Concurrence of this House.

Importation of Oats and Oatmeal, Bill.

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

With a Bill, intituled, “An Act for allowing the Importation of Oats and Oatmeal into this Kingdom, for a limited Time, free of Duty; to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Report from Committee relating to Riots in America.

The Lord Botetourt (according to Order) reported from the Committee of the whole House, appointed to consider of the several Papers laid before this House, by His Majesty’s Command, relating to the late Riots and Tumults in America:” That the Committee had considered the Matters to them referred, and had come to the following Resolutions; (videlicet,)

“1. Resolved, That the King’s Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal and Commons of Great Britain in Parliament assembled, had, hath, and of Right ought to have, full Power and Authority to make Laws and Statutes of sufficient Force and Validity to bind the Colonies and People of America, Subjects of the Crown of Great Britain, in all Cases whatsoever.

“2. Resolved, That it appears to this Committee, that Tumults and Insurrections of the most dangerous Nature have been raised and carried on, in several of the North American Colonies, in open Defiance of the Power and Dignity or His Majesty’s Government, and in manifest Violation of the Laws and Legislative Authority of this Kingdom.

“3. Resolved, That it appears to this Committee, that the said Tumults and Insurrections have been encouraged and inflamed by sundry Votes and Resolutions passed in several of the Assemblies of the said Provinces, derogatory to the Honour of His Majesty’s Government, and destructive of the Legal and Constitutional Dependency of the said Colonies on the Imperial Crown and Parliament of Great Britain.

“4. Resolved, That it is the Opinion of this Committee, That an humble Address be presented to His Majesty, to desire that His Majesty would be graciously pleased to give Instructions to the Governors of the several Provinces where the above-mentioned Tumults and Insurrections have happened, that they should, in His Majesty’s Name, require of the Assemblies of the said Provinces to make proper Recompense to those who have suffered in their Persons or Properties in Consequence of the aforesaid Tumults and Insurrections: And to assure His Majesty, that this House will, upon this and all Occasions, support the lawful Authority of His Crown, and the Rights of Parliament.

“5. Resolved, That it is the Opinion of this Committee, That all His Majesty’s Subjects residing in the said Colonies, who have manifested their Desire to comply with, or to assist in carrying into Execution, the Act for laying a Duty on Stamps, or any other Act of Parliament in the British Colonies in North America, have acted as dutiful and loyal Subjects, and are therefore entitled to, and will assuredly have, the Favour and Protection of this House.”

The said Report was read by the Clerk entire.

And the First Resolution being read a Second Time by the Clerk:

The Question was put, “Whether to agree with the Committee in this Resolution ?”

It was Resolved in the Affirmative.

Then the Second and Third Resolutions of the Committee, being read a Second Time by the Clerk, were severally agreed to by the House.

Then the Fourth Resolution of the Committee being read a Second Time by the Clerk:

The Question was put, “Whether to agree with the Committee in this Resolution ?”

It was Resolved in the Affirmative,

Accordingly,

Order for an Address thereupon.

Ordered, That an humble Address be presented to His Majesty, “To desire, that His Majesty would be graciously pleased to give Instructions to the Governors of the several Provinces where the above-mentioned Tumults and insurrections have happened, that they should, in His Majesty’s Name, require of the Assemblies of the said Provinces, to make proper Recompense to those who have suffered in their Persons or Properties, in Consequence of the aforesaid Tumults and Insurrections; and to assure His Majesty, that this House will, upon this and all Occasions, support the lawful Authority of His Crown and the Rights of Parliament.”

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

Then the Fifth Resolution of the Committee, being read a Second Time by the Clerk, was agreed to by the House.

More Papers relating to Tumults in America laid before the House.

The Duke of Grafton, by His Majesty’s Command, laid before the House more Papers relating to the late Riots and Tumults in America, with a Lift thereof.

And the said List was read, by the Clerk; as follows; videlicet,

“Received 5th February, 1766. Copy of a Letter from Governor Franklin to Mr. Secretary Conway;Burlington, New Jersey, 30th November, 1765; enclosing,

“Copy of Minutes of Council.”

“Copy of Votes of the General Assembly.”

“Do Copy of a Letter from Lieutenant Governor Colden to Mr. Secretary Conway New York, 13th December, 1765; enclosing,

“Copy of the Lieutenant Governor’s Letter, to Major General Gage, 2d September, 1765.”

“State of the Province of New York, 6th December, 1765.”

“Printed Votes and Proceedings of the General Assembly of the Colony of New York, of the 12th, 13th, and 19th November, 1765.”

“Do. Copy of a Letter from Sir Henry Moore to Mr. Secretary Conway; New York, 21st December, 1765.”

“Do. Copy of a Letter from Major General Gage to Mr. Secretary Conway, New York, 21st December; 1765;” enclosing,

“Extract, Thursday, Dec’r 5th, 1765,(No 1196)New York Gazette.
General Advertiser to the New York Thursday’s Gazette (No 1196).
New York Gazette, Thursday, December 19th, 1765.

“Extract of a Letter from Major General Gage to Mr. Secretary Conway, New York, 21st December, 1765;” enclosing,

“5th Febr’y, 1766. Copy of Major General Gage’s Letter to Sir Henry Moore, 1st Decem’r, 1765.”

“Resolves of the General Assembly of the Province of New York, 13th Dec’r, 1765.”

“Do. Copy of a Letter from Governor Barnard to Mr. Secretary Conway, Boston, 25th Novem’r, 1765;“enclosing,

“Journal of the House of Representatives of The Massachusetts Bay.

“Resolves of the, said House.”

“Do. Copy of a Letter from Governor Barnard to Mr. Secretary Conway, Boston, 18th December, 1765;” enclosing,

“Copy of Mr. Oliver’s Letter to the Governor, 17th Decem’r, 1765.”

“Printed Extract of the Boston News Papery Decem’r 8th, 1765.”

“Copy of Mr. Oliver’s Second Letter to Ditto.”

“Do. Copy of a Letter from Governor Bernard to Mr. Secretary Conway, Boston, 19th Decem’r, 1765;” enclosing,

“Copy of a Memorial of the Town of Boston, to the Governor in Council.”

“Do. Copy of a Letter from Governor Bernard to Mr. Secretary Conway, Boston, 21st Decem’r, 1765;” enclosing,

“Copy of a Memorial of the Town of Boston, to Governor Bernard in Council.”

“Copy of Minutes of Council.”

“7th Febr’y, 1766, Copy of a Letter from GoVernon Ward to Mr. Secretary Conway, Newport, “Rhode Island, 6th Nov’r, 1765.”

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

Then the said Papers were read by the Clerk.

Moved, “To adjourn to Thursday next.”

Accordingly,

Adjourn

Dominus Cancellarius declaravit præsens Parliament turn continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Februarii, hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.
2 Sic.
3 Sic