House of Lords Journal Volume 34
April 1774, 11-20

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History of Parliament Trust

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1767-1830

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108-136

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'House of Lords Journal Volume 34: April 1774, 11-20', Journal of the House of Lords volume 34: 1774-1776 (1767-1830), pp. 108-136. URL: http://british-history.ac.uk/report.aspx?compid=113659 Date accessed: 17 April 2014. Add to my bookshelf


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Contents

Die, 14o Aprilis 1774.
Thicknesse against Liege et al. Sutherland again it Countes of Sutherland et al. Annand et al. against Scott et al. Hepburn against Cran stoa. Report from Committee appointed to consider of Disturbances in Massachuscet’s Bay. Address thereupon. Charles against Rowley. E. Breadalbane’s Estate Bill. Messages from H C to return Mitford’s Bill; and Egger’s Nat. Bill. Kinghorn Two Pennies Scots Bill. Swansea Market Bill. Clyde Bridge Bill. Rutherfoord et al. against Hamilton: Appeal withdrawn. Burn et al. against Hamilton et al. Hepburn against Cranston. Everth for a Nat. Bill. Bill read. Bezancenet fur a Nat. Bill Bill read. Esberger for a Nat. Bill. Bill read. Fawcett and Lowet, Leave for a Bill. Bill read. Woollen Manufactory Bill. Wheatmeal, &c. Exportation of to Hudson’s Bay, Bill. Orms Head, &c to prevent taking away Stones on the Sea Shore there, Bill. St Leonard’s Shoreditch, Bill. Thicknesse against Liege et. al. Reilly against Windis, Pleadings proved. Queen’s Answer to Congratulatory Message. Kidderminster Enclosure Bill Fitzmaurice’s Bill. Adjourn. Die Veneris, 15o Aprilis 1774.
Charles against Rowley. Order affirmed. King’s Answer to Address of Yesterday reported. Glasgow, &c. Road Bill. Clyde Bridge Bill. St. Leonard’s Shoreditch, Bill. E Breadalbane’s Estate Bill: Message to H. C. with it Clyde Bridge Bill: Glasgow, &c. Road Bill Woollen Manufactory Bill. Messages to H. C that the Lords have agreed to the Three preceding Bills. Jones et Ux. against Morgan et al et e con., Judges to attend. Flyn against Kilkenny et al. Cojamaul against Verelst, and Rafael against Verelst; Petition for a Bye-Day. Lady St. Aubyn, Leave for a Bill. Bill read. Wilson et al. Leave for a Bill: Bill read. Swansea Market Bill. Kinghorn Two Pennies Scots Bill. Newcastle upon Tyne Vicarage Bill. Basingstoke, &c. Road Bill. Persons take the Oaths for their Naturalization. More American Papers delivered, and referred to the Committee. Old Artillery Ground Workhouse, &c. Bill. Wheat-meal, &c. to allow the Exportation of, to Hudson’s Bay, Bill. Bezancenet’s Nat. Bill. Esberger’s Nat. Bill. Everth’s Nat, Bill. Flyn against Kilkenny et al.; Pleadings proved. Adjourn. Die Lunæ, 18o Aprilis 1774.
Pedigree of V. Leinster delivered: Takes his Seat. Wauchope against Macdowall and Sir Archibald Hope. Jones et Ux, against Morgan et al. et e con. Madhouses Bill. Barton Enclosure Bill. Weeting Enclosure Bill. Hinckley to Woeful Bridge, &c. Road Bill. Ludborough Enclosure Bill. Heapham Enclosure Bill. Dean and Chapter of Canterbury’s Bill. Forster’s Bill. Wheat meal, &c. to allow the Exportation of, to Hudson’s Bay, Bill: St. Leonard’s Poor, Workhouse, &c. Bill. Message to H. C that the Louis have agreed to the Two preceding Bills. Smyth et al. Leave for a Bill. Bill read. Palmes Leave for a Bill. Bill read. Wilson’s Bill. Sir John St. Aubyn’s Estate Bill. Basingstoke, &c. Road Bill. Papists, Deeds and Wills of, Bill. Kidderminster Enclosure Bill. Old Artillery Ground Workhouse, &c. Bill. D. Roxburgh et al. against E. Hottle et al. Sutherland against Counties of Sutherland et al. Carre against Cairnes et al. Farrell against Crosbie et Ux, Pleadings proved. Adjourn. Die Martis, 19o Aprilis 1774.
D. Roxburgh et al. against E. Home et al. Wauchope against Macdowall and Sir Archibald Hope: Judgement. Upton Snodsbury Enclosure Bill. Swansea Market Bill. Kinghorn Two Pennies Scots Bill. Bezancent’s Nat. Bill. Esberger’s Nat. Bill. Everth’s Nat. Bill. Palmes’s Bill. Dean and Chapter of Canterbury’s Bills. Foster’s Bill. Message to H. C with the Two preceding Bills. Papists Deeds and Wills of, Bill. Message to H. C. that the Lords have agreed to it. Popham’s Divorce Bill. Twyford and Charndon Enclosure Bill. Wroot Enclosure Bill. Spridlington Enclosure Bill. Potterhanworth Enclosure Bill. D. Gordon et al. against Ross et al. Sir Roderick Mackenzie against Ross et al. John Gordon against Ross et al. Parclay against Ross. et al. Charles Gordon against Ross et al. Cuming against Ross et al. Charteris against Ross et al. Peter Gordon against Ross et al. Cameron against Ross et al. Douglas & Co against Giant, Petition for a Bye Day. Boyd against Russell. Ludborough Enclosure Bill. Adjourn. Die Mercurii, 20o Aprilis 1774.
Carre against Carns et al. Flyn against Plunkett and M’Dermott. To prevent taking away Stones on the Sea Shore at Orm’s Head, &c. Bill. Petition of Aboan Fitzmaurice for his Name to be added’s a Trustee in the Bill for Sale of the Estate of Ulysses Fitzmaurice Esq. L Milton against Edgworth et al; Petition to put off Hearing rejected. Creuzé’s Bill. Boyd against Russell, Petition of Appellant to be admitted in forma Pauperis. Twyford and Charndon Enclosure Bill. Wroot Enclosure Bill. Spridlington Enclosure Bill. Potterhanworth Enclosure Bill. Esberger’s Nat Bill. Bezancenet’s Nat. Bill: Everth’s Nat. Bill: Messages to H C with the Three preceding Bill. Swansea Market Bill Kinghorn Two Pennies Scots Bill. Upton Snodsbury Enclosure Bill Messages to H. C that the Lords have agreed to the Three preceding Bill. Heapham Enclosure Bill. Fitzmaurice’s Bill. Old Artillery Ground Workhouse, &c Bill. Carre against Cairnes et al. Roebuck and Garbett against Stirlings, Petition for a Bye Day. Report from Committee appointed to consider of Disturbances in the Colony of Massachusetts Bay. Journals, April 2d, 1764. April 4th and 5th. 11th Dec. 1761. No 11. Representation of the Board of Trad to His Majesty. No 11. Extracts from the printed Votes of the House of Representatives of the Colony of Massachusetts Bay, 1st, 8th, 12th, and 13th of June, 1764. No 11. Otis’s Book, from Page 57, to the End of the Book. Journals, Feb 28th, 1765. Dec. 17th. No. 17 Votes of the House of Representatives, June 6th, 1765. Ibid. June 8th, and 20th, 1765. No. 21. Gov Bernard’s Letter, Aug. 15th, 1765, to the Lords Commissioners for Trade and Plantations. No. 22. Do Aug. 31st, 1765. Gov. Bernard to the Lords of Trade. No 34. Gov. Bernard’s Letter to the Earl of Halifax, Castle William, Aug. 15th and 16th, 1765. No. 68. Gov Bernard’s Letter to the Board of Trade, Oct. 12th, 1765. No. 76. Gov Bernard Letter to Mr. Sec. Conway, Boston, Nov. 25, 1765. No. 71. Extract of a Letter from Gov. Bernard to John Pownall Esq. dated Boston, Oct. 26th, 1765. No. 74. Resolutions of the Council and House of Representatives, Oct. 25th, 1765. Journals Jan 14th, 1766. Journals, 1766. Jan. 22d. 27th. 28th. Feb. 10th. March 5th. 18th March. 2d June. No. 115. Extract of a Letter from Gov. Bernard to the Earl of Shelburne, dated Boston, Dec. 24th, 1766. Journals, March 12th, 1767. April 3d. May 14th. May 18th. 22d. June 15th. 18th. No. 116. No. 117 Message from the House of Representatives to Gov. Bernard, enclosed in private Letter to E. Shelburne, dated Boston, Feb. 14th and; 18th 1767; also 119. No 116. Extract of a Letter from Gov. Bernard to E Shelburne, Boston, 14th and 18th Feb. 1767. Journals March 2d, 1768 No 131 and 132. Circular Letter contained in Gov Bernard’s to E. Shelburne, dated Boston, Feb. 18th, 1768. No. 317. Gov Bernard’s Letter to Lords of Trade, July 7th, 1766, and Letters to E. Shelburne. 321. Gov. Bernard’s, of 30th May 1768, and May 30th, 1767. No. 152. Sir Francis Bernard’s Letter of 21st March to E. Shelburne; also No. 207. No. 173. Copy of a Memorial of the Commissioners of the Customs to the Lords of the Treasury, June 16th, 1768; also No. 161. No. 204. Journals of the Council, 27th and 29th July 1768. No 283 Narrative of the late Transactions at Boston. No. 284. Captain, Preston’s Cale. No 273. Lieut Gov Hutchinson to the E. of Hillsborough, Boston, 12th March, 1774. No. 169. Petition of the Town of Boston to Gov. Bernard, June 14th, 1768; also No. 167. No 189. Answer of the House of Representatives of Massachusetts Bay to the Governor, Jane 30th, 1768 No. 207. Sir Francr Bernard, Letter, 9th Aug. 1768, to E Hillsborough. No. 214. Proceedings at the Town Meeting at Boston, Sept. 12th, 1768. No. 214. No. 214. No. 215. Circular Letter from the Select Men of Boston, Sept. 14th, 1768. Journals, Nov. 8th, 1768. Nov. 8th. Nov. 10th. 15th. 28th. Dec. 15th. 20th Jan.1769. 9th Feb. 14th Feb. Vide Resolves and Addresses of both Houses of Parliament, in Feb. 1769 323. Vide printed Account of the Associations and the proceedings in Consequence thereof, Page 5 to Page 24. 324. Vide sir Francis Bernard’s Letter 1st June and 17th June 1769. 325 Extract of Gov. Bernaaid’s Letter to E. Hillsborough, 1st, 7th, and 11th of July, 1769, enclosing the Resolutions of the House of Representatives, of the 8th of July. Journals, April 6th 1770. April 30th. May 4th. 7th. May 14th. 15th. 326. Lieut Gov. Hutchinson’s Letter to E. Hillsborough, dated March 27th, 1770. 327. Vide Lieut. Gov. Hutchinson’s Letter to E. Hillsborough, 27th April and 21st May 1770. No. 327. Letter from Lieut. Gov. Hutchinson to E. Hillsborough, May sift, 1770. No. 328. Lieut. Gov. Hutchinson to £. Hillsborough, July 6th, 1771. No. 329. Lent. Gov. Hutchinson to E. Hillsborough, Nov. 28th, 1771 330.Gov. Hutchinson to E Hillsborough, May 29th, 1772, and the Boston Gazette of May 28th. 331. Gov. Hutchinson to E Dartmouth. Oct. 23d, 1772. 332. Address, Oct 28th. 1772. 333. Gov. Hutchinson to E. Dartmouth, Nov. 3d, 1771, with the printed Account of the Votes and Proceedings of the Town of Bolton, ad Nov. 1772. 334. Printed Votes and Proceedings of the Freeholders and Inhabitants of Boston, in a Town Meeting, Nov. 20, 1772. Journals, 6th May, 1773. 336. Answer of Council to Governor’s Speech, Jan. 25th, 1773, Journal of House of Representatives. 336. House of Representatives Answer to Governor’s Speech, Jan. 26th, 1773. 295. Extract of a Letter from Gov Hutchinson to E, Dartmouth, 4th Nov. 1773, with Four Enclosures, 296, 297, 298, 299. 302. Copy of a Vote of the Town Meeting of Boston, Nov. 5th, 1773. 308. Copy of a Paper printed at Boston, dated Dec. 1st, 1773, enclosed in Gov. Hutchinson’s Letter of Dec. 2d. 1773. 304 Extract of a Letter from Gov Hutchinson to E Dartmouth, Boston, Nov. 15th, 1773. 305, 306. Copy of a Letter from Gov Hutchinson to E. Dartmouth, dated Boston, Dec 2d, 1773, enclosing a Copy of the Petition of Richard Clark and Sons Benjamin paneml and Thomas and Elisha Hutchinson and of the Proceedings of the Council thereupon. 308. Copy of a Paper printed at Boston, dated Dec. 1st, 1773, in Gov Hutchinson’s Letter of ad Dec. 1773 309. Copy of a Letter from Gov. Hutchinson to E. Dartmouth, Boston, Dec. 15th, 1773. 310. Copy of a Letter from Gov Hutchinson to E Dartmouth, Boston, Dec. 11th, 1773. No 298 Copy of a Narrative in Gov Hutchinson’s Letter of Nov. 4th, 1772. Journals, 4th March, 1774. 7th March 1774. March 11th; 25th. 28th. 30th. No 316. Letter from Gov Hutchinson to E. Dartmouth, Boston, 25th Jan. 1774. No. 339 Gov. Hutchinson to E. Dartmouth, Boston, Feb. 14th, 1774, and Enclosures. 342. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay against the Chief Justice. 343. Copy of a Vote of the Council and House of Representatives, Feb. 14th, 1774. Fitzmaurice’s Bill; the King’s Consent signified to it; and to Heapham Enclosure Bill; and to Potterhanworth Enclosure Bill; and to Wroot Enclosure Bill. Adjourn. Footnotes

Die, 14o Aprilis 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Ds. Apsley, Cancellarius. Ds. Clifton.
Epus. Londin. Ds. Cathcart.
Epus. Wigorn. Comes Westmorland. Ds. Sandys.
Epus. Lincoln. Comes Stamford. Ds. Walpole.
Epus. Landaven. Comes Sandwich. Ds. Lyttelton.
Epus. Cestrien. Comes Coventry. Ds. Scarsdale.
Epus. Litch. & Cov. Comes Abercorn. Us. Boston.
Comes Loudoun. Ds. Sundridge.
Comes Stair.
Comes Oxford.
Comes Dartmouth.
Comes Aylesford.
Comes Bucks.
Comes Hillsborough.
Viscount Montague.
Viscount Weymouth.

PRAYERS.

Thicknesse against Liege et al.

The several Answers of Peter Liege and others to the Appeal of Philip Thicknesse Esquire, was this Day brought in:

Sutherland again it Countes of Sutherland et al.

As was also, the Answer of the Right Honourable Elizabeth Countess of Sutherland, and her Guardians, to the Appeal of James Sutherland of Farquhar.

Annand et al. against Scott et al.

Also, the Answer of Mrs. Helen Scott (formerly Chef-fells), and her Trustees, to the Appeal of Meilleurs Annand and Colhoun, and others:

Hepburn against Cran stoa.

And also, the Answer of the Honourable George Cranston to the Appeal of George Hepburn.

Report from Committee appointed to consider of Disturbances in Massachuscet’s Bay.

The Earl of Buckinghamshire reported from the Committee appointed to enquire into the several Proceedings in the Colony of Massachusetts Bay, in Opposition to the Sovereignty of His Majesty in His Parliament of Great Britain over that Province, and also what has passed in this House relative thereto from the 1st of January 1764, “That it is the Opinion’of this Committee that the House be moved, that an humble Address be presented to His Majesty, That he would be graciously pleased to give Directions that there be laid before this Houde, Copies or Extracts of all Letters and Papers which have been received by His Majesty’s Secretaries of State, or the Com missioners of Trade and Plantations, from the Go Vernon, Lieutenant Governor, or other Officers in His Majesty’s Service in the Province of Massachusetts Bay, in New England, containing Advices of any Proceedings in the said Province in Opposition to His Majesty’s Sovereignty in His Parliament of Great Britain over the fame, from the 7th of July 1766, which have not been already laid before the House.”

Which Report, being read by the Clerk, was agreed to by the House:

And the House being moved accordingly:

Address thereupon.

Ordered, That an humble Address be presented to His Majesty, “That he would be graciously pleased to give Directions that there be laid before this House, Copies or Extracts of all Letters and Papers which have been received by His Majesty’s Secretaries of State, or the Commissioners of. Trade and Plantations, from the Governor, Lieutenant Governor or other Officers in His Majesty’s Service in the Province of Massachusetts Bay, in New England, containing Advices of any Proceedings in the said Province in Opposition to His Majesty’s Sovereignty in His Parliament of Great Britain over the fame, from the 7th of July 1766, which have not been already laid before the Houde.”

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

Charles against Rowley.

After hearing Counsel, in Part, in the Cause where in Charles Vtpont Charles Esquire is Appellant, and Hercules Langford Rowley Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till Tomorrow; and that the Cause which stands for To-morrow be put off to Monday next; and that the Cause which stands for Monday next, be put off to Wednesday next; and that the Rest of the Causes be removed in Course.

E. Breadalbane’s Estate Bill.

The Lord Cathcart reported from the Lords Committees to whom the Bill, intituled, “An Act for vesting in John Earl of Breadalbane, and his Heirs, in Fee Simple, certain Lands, Fart of his Entailed Estate, in the County of Argyll; and for setting, in lieu thereof, other Lands lying contiguous to, and interspersed with, the said Entailed Estate,” 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 fame to the House, without any Amendment.”

Ordered, That the said Bill be engrossed.

Messages from H C to return Mitford’s Bill;

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

To return the Bill, intituled, “An Act for vedting Part of the Freehold and Leasehold Estates, devised by the Will of John Mitford Esquire, deceased, in Trustees, to fell the same, for discharging Incumbrances, and for laying out the Residue of the Money arising by such Sale in the Purchase of other Lands and Hereditaments, to be settled in lieu thereof, to the like Uses;” and to acquaint this House, That they have agreed to the fame, without any Amendment.

and Egger’s Nat. Bill.

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

To return the Bill, intituled, “An Act for naturalizing Gustav Nicolaus Eggers;” and to acquaint this House, That they have agreed to the fame, without any Amendment.

Kinghorn Two Pennies Scots Bill.

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

With a Bill, intituled, “An Act to continue an Act, made in the Twenty-second Year of the Reign of His late Majesty King George the Second, “for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or fold, within the Town of Kinghorn, and Liberties thereof;” to which they desire the Concurrence of this House.

Swansea Market Bill.

A Message was brought from the House of Commons, by the Honourable George Venables Vernon and others:

With a Bill, intituled, “An Act for fixing and regulating a publick Market and Shambles for the Sale of Meat within the Town and Borough of Swansea, in the County of Glamorgan;” to which they desire the Concurrence of this House.

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

Clyde Bridge Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for explaining and amending an Act, made in the Thirty-second Year of His late Majesty, “for improving the Navigation of the River Clyde to the City of Glasgow; and for building a Bridge cross the said River from the said City to the Village of Gorhells ;” and Part of another Aft, made in the Eighth Year of His present Majesty, “for explaining and amending the said Act, and for repairing, widening, and enlarging, the old Bridge across the River of Clyde, from the City of Glasgow to the Village of Gorbells.”

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

E. Westmorland. L. Abp. Canter. bury. L. Clifton.
E. Stamford. L. Cathcart.
E. Sandwich. L. Sandys.
E. Coventry. L. Bp. London. L. Walpole.
E. Abercorn. L. Bp. Worcester. L. Lyttelton.
E. Loudoun. L. Bp Lincoln. L. Scarsdale.
E. Stair. L. Bp. Landaff. L. Boston.
E. Oxford. L. Bp. Chester. L. Sundridge.
E. Dartmouth. L. Bp. Litch. & Cov.
E. Aylesford.
E. Bucks.
E. Hillsborought.
V. Montague.
V. Weymouth.

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.

Rutherfoord et al. against Hamilton:

Upon reading the Petition of James Rutherfoord and others, Appellants in a Cause depending in this House, to which Robert Hamilton is Respondent, which stands appointed for hearing; setting forth, “That all the Matters in Dispute between the Parties in this Cause are now amicably settled and adjusted;” and therefore praying their Lordships, “That they may be at Liberty to withdraw their Appeal, the Agent for the said Respondent having signed the said Petition as consenting thereto:”

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Burn et al. against Hamilton et al.

Upon reading the Petition of Samuel Burn and others, Appellants in a Cause depending in this House, to which Robert Hamilton and others are Respondents; setting forth, “That all the Matters in Dispute between the Parties in this Cause are now amicably settled and adjusted;” and therefore praying their Lordships, “That they may be at Liberty to withdraw their Appeal, the Agent for the said Respondents having signed the said Petition as consenting thereto:”

Appeal withdrawn.

It is Ordered, That the Petitioners be at Liberty to withdraw their said Appeal, as desired.

Annand et al. against Scott et al.

The House being moved, “That a Day may be appointed for hearing the” Cause wherein Meilleurs Annand and Colhoun of London, Merchants, and others, are Appellants, and Helen Chesills (Mrs. Scott) 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.

Hepburn against Cranston.

The House being moved, “That a Day may be appointed for hearing the Cause wherein George Hepburn is Appellant, and the Honourable George Cranston 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.

Everth for a Nat. Bill.

Upon reading the Petition of John Everth; praying Leave to bring m 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 Boston presented to the House a Bill, intituled, “An Act for naturalizing John Everth.”

The said Bill was read the First Time.

Bezancenet fur a Nat. Bill

Upon reading the Petition of Captain David Francis De Bezancenet ; praying Leave 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 Boston presented to the House a Bill, intituled, “An Act for naturalizing Captain David Francis De Bezancenet.”

The said Bill was read the First Time.

Esberger for a Nat. Bill.

Upon reading the Petition of Christian Frederick Esbeiger; praying Leave 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 Boston presented to the House Bill read. a Bill, intituled, “An Act for naturalizing ChristianFrederick Esberger

The said Bill was read the First Time.

Fawcett and Lowet, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of the Reverend Richard Fawcett, Doctor in Divinity, and William Lowes Esquire; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act to enable the Vicar of the Parish Church of Saint Nicholas, in the Town and County of the Town of Newcastle upon Tyne, to demise or lease Part of the Land belonging to the said Vicarage to William Lowes Esquire, for the Purposes and upon the Conditions in such Lease to be mentioned.”

Woollen Manufactory Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for the more effectual preventing Frauds and Embezzlements by Persons employed in the Woollen Manufactory:”

After some Time the House was resumed:

And the Earl of Westmorland reported from the Committee, “That they had gone through the Bill, and directed him to report the fame to the House, without any Amendment.”

Wheatmeal, &c. Exportation of to Hudson’s Bay, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to allow the Exportation of a limited Quantity of Wheat-meal or Flour, Oats, Oatmeal, Grotts, Barley, Pease, Beans, Malt, and Biscuit, to Hudsons Bay, in North America, for the Benefit of the Hudson’s Bay Company, and their Servants residing there.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill Tomorrow.

Orms Head, &c to prevent taking away Stones on the Sea Shore there, Bill.

Ordered, That the Bill, intituled, “An Act to prevent the taking and carrying away of Stones from the Sea Shore below High Water, between Orms Head and the River at Voryd, in the County of Carnarvon, and within the Manors of Neston, Leighton, and Gayton, in the County Palatine of Chester;” be read a Second Time on Thursday the 21st Day of this instant April.

St Leonard’s Shoreditch, Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for; the better Relief and Employment of the Poor within the Parish of Saint Leonard Shoreditch, in the County of Middlesex; and for building a Work-house, and for purchasing a Piece of Land for a Burial Ground, for the use of the said Parish.”

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

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

Thicknesse against Liege et. al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein Philip Thicknesse Esquire is Appellant, and Peter Liege 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.

Reilly against Windis, Pleadings proved.

The House being informed, “That Walter Sweetman Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Elizabeth Reilly is Appellant, and Samuel Windis is Respondent:”

He was called in; and delivered the same at the Bar, and attested upon Oath, “They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

Queen’s Answer to Congratulatory Message.

The Lord Lyttelton acquainted the House, “That he and the Lord Boston had (according to Order) waited on Her Majesty with their Lordships Message of Congratulation on the Birth of another Prince; to which Her Majesty was pleased to return the following most gracious Answer:”

“My Lords,

“I sincerely thank you for this fresh Proof of your Duty to the King, and Attention to me.”

Kidderminster Enclosure Bill

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

With a Bill, intituled, “An Act for dividing and enclosing several Fields, Commons, and Waste Lands, in the Manor of the Foreign of Kidderminster, in the Parish of Kidderminster, in the County of Worcester;” to which they desire the Concurrence of this House.

Fitzmaurice’s Bill.

A Message was brought from the House of Commons, by Sir Thomas Clavering and others:

With a Bill, intituled, “An Act for divesting out of the Crown the Plantation and Estate of Ulysses Fitzemaurice Esquire, deceased, and for vesting the same in Trustees, to be sold for Payment of his Debts, and for other Purposes therein mentioned;” to which they desire the Concurrence of this House.

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

Adjourn.

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

Die Veneris, 15o Aprilis 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Dux Gloucester. Ds. Cathcart.
Epus. Wigorn. Ds. Walpole.
Epus. Lincoln. Ds. Apsley, Cancellarius. Ds. Boston.
Epus. Cestrien. Ds. Sundridge.
Epus. Litch. & Cov. Comes Gower, Præses.
Comes Hertford, Camerarius.
Comes Suffolk.
Comes Westmorland.
Comes Rochford.
Comes Abercorn.
Comes Stair.
Comes Oxford.
Comes Dartmouth.
Comes Aylesford.
Comes Waldegrave.
Comes Bucks.
Comes Ilchester.
Comes Hillsborough.
Viscount Montague.

PRAYERS.

Charles against Rowley.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Charles Vipont Charles Esquire, complaining of an Order of the Court Exchequer in Ireland of the 12th of July 1773; and praying, “That the same might be reversed, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of Hercules Langford Rowley Esquire, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Order 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 Order therein complained of be, and the same is hereby affirmed.

King’s Answer to Address of Yesterday reported.

The Lord Chamberlain reported, “That the Lords with White Staves had (according to Order) waited on His Majesty with their Lordships Address of Yesterday; and that His Majesty was pleased to say, “He would give Directions accordingly.”

Glasgow, &c. Road Bill.

The Lord Boston reported from the Lords Comittees, to whom the Bill, intituled, “An Act to enlarge the Terms and Powers of Two Acts, made in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty King George the Second, for repairing several Roads leading into the City of Glasgow, so far as the same relate to the Road leading from the said City of Glasgow, through Cowcaddens, to that Part of the Water of Kelvine called The Milnford of Garscube,” was committed:“That they had considered the said Bill, and examined the Allegations thereof, which were found to be true, and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Clyde Bridge Bill.

The Lord Boston made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for explaining and amending an Act, made in the Thirty-second Year of His late Majesty, “for improving the Navigation of the River Clyde to the City of Glasgow; and for building a Bridge cross the said River, from the said City to the Village of Gorbells;” and Part of another Act, made in the Eighth Year of His present Majesty, “for explaining and amending the said Act; and for repairing, widening, and enlarging, the old Bridge across the River of Clyde, from the City of Glasgow to the Village of Gorbells,” was committed.

St. Leonard’s Shoreditch, Bill.

The Lord Boston also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for the better Relief and Employment of the Poor within the Parish of Saint Leonard Shoreditch, in the County of Middlesex; and for building a Workhouse, and for purchasing a Piece of Land for a Burial Ground for the Use of the said Parish,” was committed.

E Breadalbane’s Estate Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for vesting in John Earl of Breadalbane, and his Heirs, in Fee Simple, certain Lands, Part of his Entailed Estate, in the County of Argyll; and for settling in lieu thereof other Lands lying contiguous to, and interspersed with, the said Entailed Estate.”

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

It was resolved in the Affirmative.

Message to H. C. with it

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

To carry down the said Bill, and desire their Concurrence thereto.

Clyde Bridge Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for explaining and amending an Act, made in the Thirty-second Year of His late Majesty, “for improving the Navigation of the River Clyde, to the City of Glasgow; and for building a Bridge cross the said River, from the said City to the Village of Gorbells;” and Part of another Act, made in the Eighth Year of His present Majesty, “for explaining and amending the said Act; and for repairing, widening, and enlarging, the old Bridge across the River of Clyde, from the City of Glasgow to the Village of Gorbells.”

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

It was resolved in the Affirmative.

Glasgow, &c. Road Bill

Hodie 3a vice lecta est Billa, intituled, “An Act to enlarge the Terms and Powers of Two Acts, made in the Twenty-sixth and Twenty-seventh Years of the Reign of His late Majesty King George the Second, “for repairing several Roads leading into the City of Glasgow, so far as the same relate to the Road leading from the said City of Glasgow, through Cowcaddens, to that Part of the Water of Kelvine, called The Milnford of Garscube.”

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

It was resolved in the Affirmative.

Woollen Manufactory Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the more effectual preventing Frauds and Embezzlements by Persons employed in the Woollen Manufactory.”

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

It was resolved in the Affirmative.

Messages to H. C that the Lords have agreed to the Three preceding Bills.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Jones et Ux. against Morgan et al et e con., Judges to attend.

Ordered, That the Judges do attend this House on Wednesday next, at the Hearing of the Cause wherein William Jones Esquire and Elizabeth his Wife are Appellants, and Charles Morgan Esquire and others are Respondents, et e contra.

Flyn against Kilkenny et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein George Flyn of the City of Dublin, Merchant, is Appellant; and Matthew Kilkenny 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.

Cojamaul against Verelst, and Rafael against Verelst; Petition for a Bye-Day.

Upon reading the Petition of Gregore Cojamaul, Appellant in a Cause depending in this House, to which Harry Verelst Esquire is Respondent; and also the Petition of Johannes Padre Rafael, Appellant in a Cause pending in this House, to which Harry Verelst Esquire is Respondent; setting forth, “That the above Causes now stand appointed for Tuesday the 19th and Thursday the 21st Instant: That the senior Counsel for the Petitioners hath been for some Time upon the Circuit, which hath prevented the Petitioners from being ready for hearing against the Days for which the said Causes now stand appointed: That the Subject Matters of the above Causes are similar;” and therefore praying their Lordships, “That the above Causes may come on to be heard together; and that the Hearing thereof may be put off till Thursday the 5th Day of May next, or such other Bye-Day as to their Lordships shall seem meet, the Agent for the said Respondent having signed the said Petition as consenting thereto:”

It is Ordered, That the said Causes, be heard together, and that the Hearing thereof be adjourned to Thursday the 5th Day of May next, as desired.

Lady St. Aubyn, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Dame Elizabeth St. Aubyn Widow; praying Leave to bring in a Private Bill, for the Purposes therein mentioned:

It is Ordered That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled “An Act for vesting One Moiety of the Bridge built cross Stone-house Creek, near Plymouth Dock, in the County of Devon, in Trustees, in Trust, to raise a Moiety of the Expences of building the same; and also for enabling certain Persons to grant building and other Leases during the Minority of Sir John St. Aubyn Baronet, of the Estate of which he is Tenant in Tail under the Will of Sir William Morice Baronet, deceased; and likewise for vesting certain Houses in Middlesex and London in Trustees in Trust, to sell the same.”

Wilson et al. Leave for a Bill:

After reading and considering the Report of the Judges, to whom was referred the Petition of Elizabeth Wilson Widow; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for Sale of the Freehold and Copyhold Estates, late of John Wilson Esquire, deceased, situate in the County of Surry; and for laying out the Money to arise by such Sale for the Benefit of John Wilson, an Infant, his eldest Son and Heir at Law.”

Swansea Market Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for fixing and regulating a Public Market and Shambles for the Sale of Meat within the Town and Borough of Swansea, in the County of Glamorgan.”

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

Ld. President. L. Bp. London. L. Cathcart.
Ld. Chamberlain. L. Bp. Worcester. L. Walpole.
L. Bp. Lincoln. L. Boston.
E. Suffolk. L. Bp. Chester. L. Sundridge.
E. Westmorland. L. Bp. Litch. & Cov.
E. Rochford.
E. Abercorn.
E. Stair.
E. Oxford.
E. Dartmouth.
E. Aylesford.
E. Waldegrave.
E. Bucks.
E. Ilchester.
E. Hillsborough.
V. Montague.

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

Kinghorn Two Pennies Scots Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to continue an Act, made in the Twenty-second Year of the Reign of His late Majesty King George the Second, “for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale or Beer, which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kinghorn, and Liberties thereof.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Newcastle upon Tyne Vicarage Bill.

Hodie 2a vice lecta est Billa, intituled, “An Aft to enable the Vicar of the Parish Church of Saint Nicholas, in the Town and County of the Town of Newcastle upon Tyne, to demise or lease Part of the Land belonging to the said Vicarage to William Lowes Esquire, for the Purposes and upon the Conditions in such Lease to be mentioned.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

Their Lordships, or any Five of them, to meet on Monday the 2d Day of May next, at the usual Time and Place; and to adjourn as they please.

Basingstoke, &c. Road Bill.

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

With a Bill, intituled, “An Act to enlarge the Term and Powers of an Act, made in the Twenty-eighth Year of the Reign of King George the Second, “for repairing and widening the Road from Basingstoke, through Wortin, Overton, Whitchurch, Husband Priors, Andover, and Middle Wallop, in the County of Southampton, to a Place called Lobcomb Corner, in the Parish of Winterslow, in the County of Wilts, for including the Road from Spittle House, over Weyhill, to Mullens Pond, as directed by an Act, made in the Twenty-ninth Year of His said Majesty; and for amending the Roads from Andover, through Charlton, towards Tangley, and from Charlton to Clanfield Bottom, and from Weyhill to Sarson Street, and also the Road through the said Town of Basing Stoke;” to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Persons take the Oaths for their Naturalization.

Captain David Francis De Bezancenet, John Everth, and Christian Frederick Esberger, took the Oaths appointed in order to their Naturalization.

More American Papers delivered, and referred to the Committee.

The Earl of Dartmouth (by His Majesty’s Command) laid before the House the several Papers in their Lordships Address of Yesterday, relating to the Disturbances in America, together with a List thereof; which was read by the Clerk as follows:

“No 1. Extract of a Letter from Governor Bernard to the Lords of Trade, dated Boston, 7th July 1766.
“No 2. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, 7th February 1767, with Enclosures.
“No 3. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, 21st February, 1767.
“No 4. Extract of a Letter from Governor Bernard the Earl of Shelburne, dated Boston, 21st March 1768.
“No 5. Extract of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, 30th of May 1768.
“No 6. Answer of the House of Representatives of Massachusetts Bay to the Governor’s Message the 30th of June 1768.
“No 7. Printed Account of the Associations at Boston, and the Proceedings in Consequence thereof.
“No 8. Extract of a Letter from Sir Francis Bernard Baronet, to the Earl of Hillsborough, dated Boston, the 1st of June 1769.
“No 9. Extract of a Letter from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 11th July 1769, with an Enclosure.
“No 10. Copy of a Letter from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 27th March 1770, with an Enclosure.
“No 11. Extracts of Letters from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 27th April and 21st May 1770.
“No 12. Extract of a Letter from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 6th July 1771; with Copy of his Message to the House of Representatives, and of the Answer of the said House.
“No 13. Copy of a Letter from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 28th November 1771, with Enclosures.
“No 14. Extract of a Letter from Governor Hutchinson to the Earl of Hillsborough, dated Boston, 29th May 1772, with an Enclosure.
“No 15. Extract of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 23d October 1772.
“No 16. Copy of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 30th October 1772, with Enclosures.
“No 17. Copy of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 3d November 1772.
“No 18, Printed Copy of the Votes and Proceedings of the Freeholders and Inhabitants of the Town of Boston.
“No 19. Extract of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston 22nd February 1773.
“No 20. Printed Copy of the Speeches of Governor Hutchinson to the General Assembly of the Massachusetts Bay, with the Answers of the Council and House of Representatives.
“No 21. Copy of Petition and Remonstrance from the House of Representatives of the Province of Massachusetts Bay, 14th July 1772.
“No 22. Copy of Petition to the King from the House of Representatives of Massachusetts Bay, dated 6th March 1773.
“No 23. Copy of a Letter from Governor Hutchinson to the Earl of Dartmouth, dated Boston, 14th February 1774, received 5th April, enclosing,
“No 24. Copy of Governor Hutchinson’s Speech to the Council and House of Representatives, and their Answer.
“No 25. Copy of Requisition from the House of Representatives of Massachusetts Bay to the Judges of the Superior Court.
“No 26. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay against the Chief Justice.
“No 27. Copy of Vote of the Council and House of Representatives of Massachusetts Bay for adjourning the Superior Court; not consented to by the Governor.
“No 28. Copy of Governor Hutchinson’s Answer to the Remonstrance of the House of Representatives against the Chief Justice”.

Ordered, That the said Papers be referred to the Committee appointed to enquire into the several Proceedings in the Colony of Massachusetts Bay, in Opposition to the Sovereignty of His Majesty in His Parliament of Great Britain over that Province; and also what has passed in this House relative thereto from the 1st of January 1774.

Old Artillery Ground Workhouse, &c. Bill.

A Message was brought from the House of Commons, by Sir Charles Whitworth and others:

With a Bill, intituled, “An Act for providing a Workhouse, and for better governing, regulating, and maintaining, the Poor, within the Old Artillery Ground, in the Liberty of the Tower of London; and for paving, cleansing, lighting, and watching, the Streets, Lanes, and other Open Passages and Places, within the same; and for preventing Obstructions and Annoyances therein;” to which they desire the Concurrence of this House.

Wheat-meal, &c. to allow the Exportation of, to Hudson’s Bay, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act to allow the Exportation of a limited Quantity of Wheat-meal or Flour, Oats, Oatmeal, Grotts, Barley, Pease, Beans, Malt, and Biscuit, to Hudson’s Bay, in North America, for the Benefit of the Hudson’s Bay Company, and their Servants residing there.”

After some Time the House was resumed:

And the Lord Boston reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Bezancenet’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Captain David Fraticis De Bezancenet.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Esberger’s Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for naturalizing Christian Frederick Esberger.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Everth’s Nat, Bill.

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

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Flyn against Kilkenny et al.; Pleadings proved.

The House being informed, “That John Keough Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein George Flyn of the City of Dublin, Merchant, is Appellant; and Matthew Kilkenny and others are Respondents.”

He was called in; and delivered the same at the Bar, and attested upon Oath, “They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

Adjourn.

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

Die Lunæ, 18o Aprilis 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Archiep. Cantuar. Dux Gloucester. Ds. Le Despencer.
Ds. Clifton.
Epus. Eliens. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Lincoln. Ds. King.
Epus. Cestrien. Comes Gower, Præses. Ds. Hyde.
Epus. Litch. & Cov. Ds. Walpole.
Dux Richmond. Ds. Mansfield.
Ds. Lyttelton.
Comes Suffolk. Ds. Sondes.
Comes Westmorland. Ds. Boston.
Comes Sandwich. Ds. Camden.
Comes Doncaster.
Comes Rochford.
Comes Poulet.
Comes Abercorn.
Comes Marchmont.
Comes Stair.
Comes Dartmouth.
Comes Bucks.
Comes Ilchester.
Viscount Montague.
Viscount Townshend.
Viscount Weymouth.
Viscount Leinster.
Viscount Dudley & Ward.

PRAYERS.

Pedigree of V. Leinster delivered:

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

Takes his Seat.

This Day William Viscount Leinster sat First in Parliament after the Death of his Father, James Viscount Leinster; his Lordship having First, at the Table, taken the Oaths, and made and subscribed the Declaration, and also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.

Wauchope against Macdowall and Sir Archibald Hope.

After hearing Counsel in Part in the Cause wherein Andrew Wauchope Esquire is Appellant, and John Macdowall and Sir Archibald Hope are Respondents:

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

Jones et Ux, against Morgan et al. et e con.

Ordered, That the Hearing of the Cause wherein William Jones Esquire and Elizabeth his Wife are Appellants, and Charles Morgan Esquire and others are Respondents, et e contra, which stands appointed for Wednesday next, be put off to Friday next; and that the Judges do then attend.

Madhouses Bill.

Ordered, That the Second Reading of the Bill, intituled, “An Act for regulating Madhouses,” which stands appointed for this Day, be put off to Thursday next; and that the Lords be summoned.

Barton Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing, allotting, and enclosing, the Old Whole-year Lands, Common Fields, Half-year Enclosures, Lammas Meadows, Heaths, Commons, and Waste Lands, within the Parish of Barton, otherwise Barton Bendish, or Eastmore, in the County of Norfolk;” to which they desire the Concurrence of this House.

Weeting Enclosure Bill.

A Message was brought from the House of Commons, by Sir Edward Astley and others:

With a Bill, intituled, “An Act for dividing, allotting, and enclosing, the Common Fields, Half-year Inclosures, Lammas Meadows, Brecks, Heaths, Warrens, Commons, and Waste Lands, within the. Parish of Weeting, in the County of Norfolk;” to which they desire the Concurrence of this House.

Hinckley to Woeful Bridge, &c. Road Bill.

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

With a Bill, intituled, “An Act to enlarge the Term and Powers of an Act, passed in the Thirty-third Year of the Reign of His late Majesty King George the Second, “for repairing and widening the High Roads from Hinckley to Woeful Bridge, and also from Hoo-ash Lane, through Old Lane, and from Swannington to Lee Gutter, and from thence to Melbourne Common, and from Ibstock to Measham, in the Counties of Leicester and Derby;”and for repairing and widening the Road from Phiney’s House, in the Liberty of Osbaston, to Cheshire’s House, in the Liberty of Carlton; and also the Road from the Turnpike Road at Swannington, along Burton’s Lane, to the Coal Fields, and also the Road from the Toll Gate in Old Lane to the Leicester and Ashby de-la-zouch Turnpike Roads;” to which they desire the Concurrence of this House.

Ludborough Enclosure Bill.

A Message was brought from the House of Commons, by the Lord Brownlowe Bertie and others:

With a Bill, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Ludborough, in the County of Lincoln;” to which they desire the Concurrence of this House.

Heapham Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing certain Open Fields and Meadows, Stinted Common Pastures, and Free Commons, in the Parish of Heapham, in the County of Lincoln;” to which they desire the Concurrence of this House.

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

Dean and Chapter of Canterbury’s Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for enabling the Dean and Chapter of Canterbury, Henry Penton Esquire, and Thomas Brandon, to grant Building Leases, pursuant to Two several Agreements entered into for that Purpose;” 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.”

Ordered, That the said Bill be engrossed.

Forster’s Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for vesting Part of the Settled Estates of William Forster and Levina Davey Forster his Wife, in Holding-ham and New Sleaford, in the County of Lincoln, in the said William Forster, in Fee Simple; and for settling other Estates of the said William Forster, in Alder-church, otherwise Algarkirke, in the said County, of greater Value, in Lieu thereof,” was committed.

Ordered, That the said Bill be engrossed.

Wheat meal, &c. to allow the Exportation of, to Hudson’s Bay, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to allow the Exportation of a limited Quantity of Wheat-meal or Flour, Oats, Oatmeal, Grotts, Barley, Pease, Beans, Malt, and Biscuit, to Hudson’s Bay, in North America, for the Benefit of the Hudson’s Bay Company, and their Servants residing there.”

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

It was resolved in the Affirmative.

St. Leonard’s Poor, Workhouse, &c. Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for the better Relief and Employment of the Poor within the Parish of Saint Leonard, Shoreditch, in the County of Middlesex; and for building a Workhouse, and for purchasing a Piece of Land for a Burial Ground, for the Use of the said Parish.”

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

It was resolved in the Affirmative.

Message to H. C that the Louis have

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

agreed to the Two preceding Bills.

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

Smyth et al. Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Walter Smyth and others; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act to enable Walter Smyth Esquire to make and establish an Exchange of the Manor of Binderton, and certain Lands, Tenements, and Hereditaments, in the Parish of Binderton, in the County of Sussex, for other Lands and Hereditaments in the same County, belonging to Sir James Peachey Baronet.”

Palmes Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of John Palmes Esquire and Roger Palmes; praying Leave to bring in a Private Bill for the Purposes therein mentioned:

It is Ordered, That Leave be given to bring in a Bill, pursuant to the said Petition and Report.

Bill read.

Hodie 1a vice lecta est Billa, intituled, “An Act for vesting Part of the Estates, late of George Palmes Esquire deceased, in the Lordship or Township of Nabourn, otherwise Naburn, in the East Riding of the County of York, in Trustees, to be sold; and to apply the Monies thereby arising in Payment of the Debts of the said George Palmes deceased; and for other Purposes therein mentioned.”

Wilson’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for Sale of the Freehold and Copyhold Estates, late of John Wilson Esquire, deceased, situate in the County of Surry; and for laying out the Money to arise by such Sale for the Benefit of John Wilson, an Infant, his Eldest Son and Heir at Law.”

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

Ld. President. L. Abp. Canterbury. L. Le Despencer.
L. Clifton.
D. Richmond. L. Cathcart.
L. King.
E. Suffolk. L. Bp. Ely. L. Hyde.
L. Walpole.
E. Westmorland. L. Bp. Lincoln. L. Mansfield.
E. Sandwich. L. Bp. Chester. L. Lyttelton.
E. Doncaster. L. Bp. Litch. & Cov. L. Sondes.
E. Rochford. L. Boston.
E. Poulet. L. Camden.
E. Abercorn.
E. Marchmount.
E. Stair.
E. Dartmouth.
E. Bucks.
E. Ilchester.
V. Montague.
V. Townshend.
V. Weymouth.
V. Leinster.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Tuesday the 3d Day of May next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Sir John St. Aubyn’s Estate Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting One Moiety of the Bridge built cross Stone-house Creek, near Plymouth Dock, in the County of Devon, in Trustees, in Trust, to raise a Moiety of the Expences of building the same; and also for enabling certain Persons to grant Building and other Leases during the Minority of Sir John Saint Aubyn Baronet, of the Estate or which he is Tenant in Tail under the Will of Sir William Morice Baronet, deceased; and likewise for vesting certain Houses in Middlesex and London in Trustees, in Trust to sell the same.”

Ordered That the said Bill be committed to the Consideration of the Lords Committees afore-named:

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

Basingstoke, &c. Road Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act to enlarge the Term and Powers of an Act, made in the Twenty-eighth Year of the Reign of King George the Second, “for repairing and widening the Road from Basingstoke, through Wortin, Overton, Whitchurch, Husband Priors, Andover, and Middle Wallop, in the County of Southampton, to a Place called Lobcomb Corner, in the Parish of Winterslow, in the County of Wilts, for including the Road from Spittle House, over Weyhill, to Mullens Pond, as directed by an Act, made in the Twenty-ninth Year of His said Majesty; and for amending the Roads from Andover, through Charlton, towards Tangley, and from Charlton to Clanfield Bottom, and from Weyhill to Sarson Street, and also the Road through the said Town of Basingstoke.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Papists, Deeds and Wills of, Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, “An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers:”

After some Time, the House was resumed:

And the Lord Viscount Townshend reported from the Committee, “That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Kidderminster Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing several Fields, Commons and Waste Lands, in the Manor of the Foreign of Kidderminster, in the Parish of Kidderminster, in the County of Worcester.”

Ordered, That the said Bill be committed to the Consideration of the Lords Committees afore-named:

Their Lordships, or any Five of them, to meet To-morrow, at the usual Time and Place; and to adjourn as they please.

Old Artillery Ground Workhouse, &c. Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for providing a Workhouse, and for better governing, regulating, and maintaining, the Poor within the Old Artillery Ground, in the Liberty of the Tower of London; and for paving, cleansing, lighting, and watching, the Streets, Lanes, and other open Passages and Places within the same; and for preventing Obstructions and Annoyances therein.”

D. Roxburgh et al. against E. Hottle et al.

Upon reading the Petition of Alexander Earl of Home and others, Respondents in a Cause depending this House, wherein his Grace John Duke of Roxburgh and others are Appellants; setting forth, “That the Petitioners have very lately been informed that the above Appeal against them stands in their Lordships List of Causes for hearing, for which Reason they did not, till last Week, give Instructions to their Agents to appear and defend them in the said Appeal; that the Papers in the said Cause are very long, and some necessary Writings are yet to be transmitted from Edinburgh; under these Circumstances, the Petitioners hope their Lordships will indulge them with the Delay of a few Days to prepare their Counsel in the said Cause;” and therefore praying, “Their Lordships will be pleased to postpone the Hearing of this Cause till Tuesday the 3d Day of May next; the Agent for the said Appellants having signed the said Petition as consenting thereto:”

It is Ordered That the Hearing of this Cause be put off to Tuesday the 3d Day of May next, as desired.

Sutherland against Counties of Sutherland et al.

The House being moved, “That a Day may be appointed for hearing the Cause wherein James Sutherland is Appellant, and the Right Honourable Elizabeth Countess of Sutherland, and her 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.

Carre against Cairnes et al.

The House being informed, “That the Widow and Daughters of William Cairnes deceased, and others, Respondents to the Appeal of John Carre, of Caverse, Esquire, 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 John Bogue, Writer in Edinburgh, 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.

Farrell against Crosbie et Ux, Pleadings proved.

The House being informed, “That Gerald Farrell Gentleman, attended, in order to deliver in Copies of Pleadings and Proceedings in the Cause wherein Charles Farrell, Doctor in Physic, is Appellant, and Edward Crosbie Esquire, and Frances, his Wife, are Respondents:”

He was called in; and delivered the same at the Bar, and attested, upon Oath, “They were true Copies, he having examined them with the Originals in the proper Offices in Ireland.”

And then he withdrew.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, decimum nonum diem instantis Aprilis, hora undecima Auroræ, Dominus sic decernentibus.

Die Martis, 19o Aprilis 1774.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn. Ds. Apsley, Cancellarius. Ds. Cathcart.
Epus. Cestrien. Ds. Walpole.
Epus. Litch & Cov. Dux Beaufort. Ds. Mansfield.
Ds. Boston.
Comes Abercorn.
Comes Marchmont.
Comes Stair.
Comes Strafford.
Comes Waldegrave.
Comes Bucks.
Viscount Dudley & Ward.

PRAYERS.

D. Roxburgh et al. against E. Home et al.

The Answer of Alexander Earl of Home and others, to the Appeal of John Duke of Roxburgh and others, was tins Day brought in.

Wauchope against Macdowall and Sir Archibald Hope:

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Andrew Wauchope Esquire, of Niddrie, complaining of certain Parts of an Interlocutor of the Lords of Session in Scotland of the 9th of December 1773; and praying, “That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet;” as also upon the Answer of John Macdowall and Sir Archibald Hope, put in to the said Appeal, and due Consideration had of what was offered on either Side in this cause:

Judgement.

It is Declared by the Lords Spiritual and Temporal, in Parliament assembled, That the Appellant is intitled to have the Level in Question shut up by the Respondents, and kept so shut up at their Expence; and also that the Respondents are liable to make the Appellant such Satisfaction as shall be just and reasonable, under all the Circumstances, for the Benefit they have enjoyed, if any, by reason of the Opening and Communication of the said Level: And it is therefore hereby Ordered and Adjudged, That so much of the Interlocutor complained of as is contrary to the Declaration above mentioned, be, and the same is hereby reversed: And as to that Part of the said Interlocutor which relates to the Respondents procuring the Consent of the Earl of Abercorn to a Communication of the Duddington Level to the Niddrie Coal, it is hereby further declared, That as the Question materially turns upon the Construction of the Covenant entered into by the Earl of Abercorn in the Lease granted by him to John Biggar, therefore compleat Justice cannot be done but in a Suit, to which the said Earl is a Party: And it is therefore further ordered and adjudged, That such Part of the said Interlocutor be, and the same is hereby reversed; without Prejudice, and with Liberty to the Appellant to add proper Parties to this, or to bring a new Suit, as he shall be advised: And it is further Ordered, That the Court of Session in Scotland do give all proper and necessary Directions for carrying this Judgement into Execution.

Upton Snodsbury Enclosure Bill.

The Lord Boston reported from the Lords Committee, to whom the Bill, intituled, “An Act for dividing, allotting, and enclosing, the Common Fields, Common Meadows, and Waste and Commonable Lands, within the Parish of Upton Snodsbury, in the County of Worcester,” 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.”

Swansea Market Bill.

The Lord Boston also reported from the Lords Committees, to whom the Bill, intituled, “An Act for fixing and regulating a Publick Market and Shambles for the Sale of Meat within the Town and Borough of Swansea, in the County of Glamorgan,” was committed: “That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.”

Kinghorn Two Pennies Scots Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act to continue an Act, made in the Twenty-second Year of the Reign of His late Majesty King George the Second, “for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer which shall be brewed for Sale, brought into, tapped, or sold, within the Town of Kinghorn, and Liberties thereof,” was committed.

Bezancent’s Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Captain David Francis De Bezancenet,” was committed.

Ordered, That the said Bill be engrossed.

Esberger’s Nat. Bill.

The Lord Boston made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing Christian Frederick Esberger,” was committed.

Ordered, That the said Bill be engrossed.

Everth’s Nat. Bill.

The Lord Boston also made the like Report from the Lords Committees, to whom the Bill, intituled, “An Act for naturalizing John Everth,” was committed.

Ordered, That the said Bill be engrossed.

Palmes’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for vesting Part of the Estates, late of George Palmes Esquire, deceased, in the Lordship or Township of Nabourn, otherwise Naburn, in the East Riding of the County of York, in Trustees, to be sold; and to apply the Monies thereby arising in Payment of the Debts of the said George Palmes, deceased; and for other Purposes therein mentioned.”

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

D. Beaufort. L. Bp. Worcester. L. Cathcart.
L. Bp. Chester. L. Walpole.
E. Abercorn. L. Bp. Litch & Cov. L. Mansfield.
E. Marchmont. L. Boston.
E. Stair.
E. Strafford.
E. Waldegrave.
E. Bucks.
V. Dudley & Ward.

Their Lordships, or any Five of them, to meet on Wednesday the 4th Day of May next, at Ten o’Clock in the Forenoon, in the Prince’s Lodgings, near the House of Peers; and to adjourn as they please.

Dean and Chapter of Canterbury’s Bills.

Hodie 3a vice lecta est Billa, intituled, “An Act for enabling the Dean and Chapter of Canterbury, Henry Penton Esquire, and Thomas Brandon, to grant Building Leases, pursuant to Two several Agreements entered into for that Purpose.”

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

It was resolved in the Affirmative.

Foster’s Bill.

Hodie 3a vice lecta est Billa, Intituled, “An Act for vesting Part of the Settled Estates of William Foster and Levina Davey Foster his Wife, in Holdingham and New Sleaford, in the County of Lincoln, in the said William Foster, in Fee Simple; and for settling other Estates of the said William Foster in Alder-church, otherwise Algarkirke, in the said County, of greater Value, in Lieu thereof.”

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

It was resolved in the Affirmative.

Message to H. C with the Two preceding Bills.

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

To carry down the said Bills, and desire their Concurrence thereto.

Papists Deeds and Wills of, Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for allowing further Time for Enrollment of Deeds and Wills made by Papists, and for Relief of Protestant Purchasers.”

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

It was resolved in the Affirmative.

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

A Message was sent to the House of Commons, by the former Messengers:

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

Popham’s Divorce Bill.

The Lord Boston (pursuant to an Order of Leave of the 1st of March last) presented to the House a Bill, intituled, “An Act to dissolve the Marriage of Stephen Popham with Ann Yate Whiteside his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.”

The said Bill was read the First Time.

Ordered, That the said Bill be read a Second Time on Wednesday the 4th Day of May next; and that Notice thereof be affixed on the Doors of this House, and the Lords summoned; and that the said Stephen Popham may be heard, by his Counsel, at the said Second Reading to make out the Truth of the Allegations of the Bill; and that the said Ann Yate Whiteside may have a Copy of the Bill, and that Notice be given her of the said Second Reading, and that the be at Liberty to be heard, by her Counsel, what the may have to offer against the said Bill, at the same Time.

Twyford and Charndon Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Common Lands, within the Hamlets of Twyford and Charndon, in the Parish of Twyford, in the County of Buckingham;” to which they desire the Concurrence of this House.

Wroot Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Wroot, in the County of Lincoln;” to which they desire the Concurrence of this House.

Spridlington Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing several Open Fields, Meadows, Pastures, and Commons, within the Parish of Spridlington, in the County of Lincoln;” to which they desire the Concurrence of this House.

Potterhanworth Enclosure Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, Fens, Heath, and Waste Lands, within the Parish of Potterhanworth, in the County of Lincoln;” to which they desire the Concurrence of this House.

D. Gordon et al. against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Alexander Duke of Gordon and others, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purposes.”

And thereupon an Affidavit of John McEuen 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.

Sir Roderick Mackenzie against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Sir Roderick Mackenzie Baronet, 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 John McEuen 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.

John Gordon against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of John Gordon Esquire, 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 John McEuen 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.

Parclay against Ross. et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Robert Barclay Esquire, 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 John McEuen 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.

Charles Gordon against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Charles Gordon Esquire, 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 John McEuen 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.

Cuming against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Ensign Alexander Penrose Cuming, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purposes:”

And thereupon an Affidavit of John McEuen 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.

Charteris against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Francis Charteris Esquire, 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 John McEuen 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.

Peter Gordon against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Peter Gordon Esquire, 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 John McEuen 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.

Cameron against Ross et al.

The House being informed, “That George Ross and others, Respondents to the Appeal of Captain Charles Cameron, 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 John McEuen 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.

Douglas & Co against Giant, Petition for a Bye Day.

Upon reading the joint Petition of Messieurs Douglas, Heron, and Company, Appellants, and John Grant Esquire Respondent, in a Cause depending in this, House, which stands appointed for hearing; setting forth, “That it being of great Consequence to the Parties that this Cause should receive a speedy Determination, and the Question itself lying within a very narrow Compass;” the Petitioners therefore humbly pray their Lordships, “To appoint the said Cause to be heard on Thursday the 28th Instant, or on such other early Bye-day as to their Lordships shall seem proper:”

It is Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Thursday the 28th Day of this instant April, as desired.

Boyd against Russell.

Upon reading the Petition and Appeal of John Boyd of Wester Greenrig, complaining of Seven Interlocutors of the Lord Ordinary in Scotland of the 18th of July, and 8th and 10th of August, 1770; the 11th and 27th of July 1771; and 18th of January, and 4th of February, 1772; also of an Interlocutor of the Lords of Session there of the 20th of February 1772; as also of another Interlocutor of the said Lord Ordinary of the 23d of June 1772; also of Two other Interlocutors of the said Lords of the 5th and 15th of December 1772; as also of an Interlocutor of the Lord Gardestone, Ordinary there, of the 9th of March 1773; and also of an Interlocutor of the Lord Pitfour, Ordinary there, of the 19th of March 1774; 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 John Russell, of Todsbrights, may be required to answer the said Appeal:”

It is Ordered, That the said John Russell may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Tuesday the 17th Day of May next; and Service of this Order upon any of the Procurators or Agents of the said Respondent in the said Court of Session in Scotland, shall be deemed good Service.

Ludborough Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Fields, Meadows, Common Pastures, and Waste Grounds, in the Manor and Parish of Ludborough, in the County of Lincoln.”

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Adjourn.

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

Die Mercurii, 20o Aprilis 1774.

Domini tam Spirituales quam Temporales praesentes fuerunt:

Archiep. Cantuar. Dux Gloucester. Ds. Cathcart.
Epus. Eliens. Ds. Apsley, Cancellarius. Ds. Trevor.
Epus. Lincoln. Comes Gower, Præses. Ds. Hyde.
Epus. Litch. & Cov. Dux Grafton, C. P. S. Ds. Grosvenor.
Dux Portland. Ds. Boston.
Dux Bridgewater. Ds. Camden.
March. Rockingham. Ds. Digby.
Comes Sandwich.
Comes Cholmondeley.
Comes Abercorn.
Comes Loudoun.
Comes Marchmont.
Comes Stair.
Comes Oxford.
Comes Waldegrave.
Comes Bucks.
Comes Ilchester.
Comes Hillsborough.
Viscount Montague.
Viscount Weymouth.
Viscount Falmouth.

PRAYERS.

Carre against Carns et al.

The Answer of Alison, Mary, Isabel, Elizabeth, and Esther Cairns, and others, to the Appeal of John Carre of Cavers, Esquire, was this Day brought in:

Flyn against Plunkett and M’Dermott.

As was also, the Answer of Peter Plunkett and Thady M’Dermott, Executors of the last Will and Testament of Michael Plunkett deceased, to the Appeal of George Flyn.

To prevent taking away Stones on the Sea Shore at Orm’s Head, &c. Bill.

Upon reading the Petition of the Gentlemen, Clergy, Land Owners, Traders, and Landholders, in the County Palatine of Lancaster:

Also, Upon reading the Petition of the Trustees for, the several Turnpike Roads leading from the City of Chester to Whitchurch and Nantwich, in the Counties of Salop and Chester, and to Wrexham and Northorp, in the Counties of Denbigh and Flint, and others:

Also, Upon reading the Petition of the Mayor, Aldermen, Bailiffs, and Burgesses, of the Borough and Corporation of Liverpool, in the County Palatine of Lancaster, in Common Council assembled, taking Notice of a Bill depending in this House, intituled, “An Act to prevent the taking and carrying away of Stones from the Sea Shore below High Water, between Orm’s Head and the River at Voryd, in the County of Carnarvon, and within the Manors of Neston, Leighton, and Gayton, in the County Palatine of Chester;” and, severally, praying “to be heard by their Counsel against the said Bill, and that the same may not pass into a Law:”

It is Ordered, That the Petitioners be at Liberty to be heard by their Counsel, against the said Bill, at the Second Reading thereof, as desired; as may also Counsel for the Bill at the same Time, if they think fit.

Upon reading the Petition of the Mayor, Aldermen, Bailiffs, and Burgesses of the Borough of Wigan, in the County Palatine of Lancaster, in Common Hall assembled, taking Notice of a Bill depending in this House, intituled, “An Act to prevent the taking and carrying away of Stones from the Sea Shore below High Water, between Orm’s Head and the River at Voryd, in the County of Carnarvon, and within the Manors of Neston, Leighton, and Gayton, in the County Palatine of Chester;” and praying, That the same may not pass into a Law in its present Form:”

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

Petition of Aboan Fitzmaurice for his Name to be added’s a Trustee in the Bill for Sale of the Estate of Ulysses Fitzmaurice Esq.

Upon reading the Petition of Aboan Fitzmaurice Gentleman; setting forth, “That the Petitioner, being the only Brother and nearest Relation living of Ulysses Fitzmaurice Esquire, late Lieutenant Governor of His Majesty’s Island of St. Vincent, deceased, whose Estates are escheated to the Crown, upon the First Intelligence of the said Governor’s Death had made the necessary Preparations for a Voyage to Dominica, in order to claim under Royal Bounty such Share of the said escheated Fortune as he may be thought intitled to, being next of Kin; but entertaining a due Sense of his said Brother’s Obligations to the Right Honourable the Earl of Shelburne, and therefore thinking it his Duty to submit his Conduct to that Nobleman’s Commands implicitly complied with his Lordship’s Injunctions, not to proceed further: That their Lordships Petitioner having principally subsisted by the brotherly Generosity of the Deceased, and resigned his Occupations here, with a View to his intended Voyage, was soon reduced to Distress, under which, not meeting with the Assistance he flattered himself he should receive from a Family who, previous to his Misfortune, bountifully protected and honoured him with the kindest Notice, he applied for Relief to the Lords Commissioners of His Majesty’s Treasury, who, having appointed the Right Honourable Colonel Barré; and the Honourable Mr. Fitzmaurice, Administrators to the Personal Estate of the Intestate, and thinking the End of the Petitioner’s Application could not be better answered, kindly recommended his Case to them: That the Honourable Administrators having brought into the House of Commons a Bill for divesting out of the Crown the said Escheated Estates, for the Purpose of executing Instructions said to have been given by the Deceased for making his Will, whereby he intended Legacies of 500l. each to Three Cousin Germans of his Mother’s Family, and to their Lordships Petitioner, after the Payment of which, the Surplus to the Amount of 6,000l. being intended for the other Relations of the Deceased’s Mother: The Petitioner thinking it unequitable, as he knew it to be inconsistent with the affectionate Predilection borne him by his said Brother, and expressed in his Correspondence, preferred a Petition to that Honourable House, in consequence of which he was heard at their Bar, and had indubitably obtained more advantageous Amendments than the Bill now appears with before their Lordships, if the Honourable Administrators had not industriously brought the Subject, Matter before their Committee when there was not a sufficient Number of Members to constitute a House: The Sense of that Honourable Assembly not having been therefore regularly obtained, the Petitioner reverentially presumes to appeal to their Lordships, humbly submitting that, as it has appeared in the Lower House that the Deceased never expressed an Intention to dispose of the said Surplus, his Nephew and the Petitioner, being his next of Kin, are by the invariable Usage of Parliamentary Bounty entitled to the Whole;” and therefore praying their Lordships, “would grant him such Relief as, in their Equity and Bounty, their Lordships shall think meet; and as the Petitioner is now unemployed, and still unrelieved in his indigent Circumstances, that their Lordships would vouchsafe to cause his Name to be added to those of the Trustees mentioned in the Bill, whereby he may be authorized to manage the Interest it shall please their Lordships to allot him, that he may investigate the Extent of his Claim, recover the Credit he has lost by being excluded from all Share in this Administration, and subsist by Emoluments which his Situation inhances his preferable Right to, as the Bill vests Powers whereby the End of Royal Bounty is likely to be frustrated if none of the Claimants be permitted to interfere:”

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

L Milton against Edgworth et al; Petition to put off Hearing rejected.

A Petition of Moore Edgworth, and others, Respondents in a Cause depending in this House, to which the Right Honourable Joseph Lord Milton is Appellant, was presented and read; setting forth, “That the Petitioners put in their Answer to this Appeal on or about the 11th of March last, which was set down for Hearing by the Appellant, on the same Day; that the Petitioner’s Agent immediately wrote to his Correspondent in Ireland, to give Notice the Appeal was set down for hearing; and forasmuch as the Petitioner’s Agent has received no Papers or Instructions necessary for preparing their Case for hearing the said Appeal;” the Petitioners therefore humbly pray their Lordships, “That the Hearing of this Cause may be put off till after all the Causes already appointed.”

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

And being withdrawn:

Ordered, That the said Petition be rejected.

Creuzé’s Bill.

The Lord Boston reported from the Lords Committees, to whom the Bill, intituled, “An Act for vesting the settled Estates of Francis Creuzé and Sarah his Wife, in the County of Worcester, in Trustees, to be sold; and for laying out the Money arising by such Sale in the Purchase of other Lands to be settled to the same Uses,” 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 made One Amendment thereto:”

Which Amendment being read Twice by the Clerk, was agreed to by the House.

Ordered, That the said Bill, with the Amendment, be engrossed.

Boyd against Russell, Petition of Appellant to be admitted in forma Pauperis.

Upon reading the Petition of John Boyd late of Wester Greenrig; setting forth, “That the Petitioner has presented his Appeal to their Lordships; complaining of certain Interlocutors of the Court of Session in Scotland; but being very poor, as by Affidavit and Certificate annexed appears, he will be unable to follow out his Cause, unless he is, by their Lordships, admitted to do so in Forma Pauperis;” and therefore praying “Their Lordships will be pleased to order that the Petitioner may proceed in Forma Pauperis, without being liable to pay the usual Fees; and that their Lordships will assign Counsel to act gratis, for him, when his Cause comes to be prepared, settled, and signed, and the Hearing of the same comes on:”

It is Ordered, That the Petitioner be admitted to prosecute his Appeal in Forma Pauperis, in this House, as desired.

Twyford and Charndon Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Common Fields, Meadows, Pastures, and other Commonable Lands, within the Hamlets of Twyford and Charndon, in the Parish of Twyford, in the County of Buckingham.”

Wroot Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Wroot, in the County of Lincoln.”

Spridlington Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing several Open Fields, Meadows, Pastures, and Commons, within the Parish of Spridlington, in the County of Lincoln.”

Potterhanworth Enclosure Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open and Common Fields, Meadows, Pastures, Fens, Heath, and Waste Lands, within the Parish of Potterhanworth, in the County of Lincoln.”

Esberger’s Nat Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Christian Frederick Esberger.”

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

It was resolved in the Affirmative.

Bezancenet’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Captain David Francis De Bezancenet.”

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

It was resolved in the Affirmative.

Everth’s Nat. Bill:

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

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

It was resolved in the Affirmative.

Messages to H C with the Three preceding Bill.

And Messages were, severally, sent to the House of Commons, by Mr. Anguish and Mr. Browning:

To carry down the said Bills, and desire their Concurrence thereto.

Swansea Market Bill

Hodie 3a vice lecta est Billa, intituled, “An Act for fixing and regulating a publick Market and shambles for the Sale of Meat, within the Town and Borough of Swansea, in the County of Glamorgan.”

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

It was resolved in the Affirmative.

Kinghorn Two Pennies Scots Bill.

Hodie 3a vice lecta est Billa, intituled, “An Act to continue an Act, made in the Twenty-second Year of the Reign of His late Majesty King George the Second, for laying a Duty of Two Pennies Scots, or One Sixth Part of a Penny Sterling, upon every Scots Pint of Ale and Beer, which shall be brewed for Sale, brought into, tapped, or, sold, within the Town of Kinghorn, and Liberties thereof.”

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

It was resolved in the Affirmative.

Upton Snodsbury Enclosure Bill

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing, allotting, and enclosing the Common Fields, Common Meadows, and Waste and Commonable Lands, within the Parish of Upton Snodsbury, in the County of Worcester.”

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

It was resolved in the Affirmative.

Messages to H. C that the Lords have agreed to the Three preceding Bill.

And Messages were, severally, sent to the House of Commons, by the former Messengers:

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

Heapham Enclosure Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Open Fields and Meadows, Stinted Common Pastures, and Free Commons, in the Parish of Heapham, in the County of Lincoln.”

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

Ld. President. L. Abp. Canterbury. L. Cathcart.
Ld. Privy Seal. L. Bp. Ely. L. Trevor.
D. Portland. L. Bp. Lincoln. L. Hyde.
D. Bridgewater. L. Bp. Litch. & Gov. L. Grosvenor.
M. Rockingham. L. Boston.
E. Sandwich. L. Camden.
E. Cholmondeley. L. Digby.
E. Abercorn.
E. Loudoun.
E. Marchmont.
E. Stair.
E. Oxford.
E. Waldegrave.
E. Bucks.
E. Ilchester.
E. Hillsborough.
V. Montague.
V. Weymouth.
V. Falmouth.

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

Fitzmaurice’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for diverting out of the Crown the Plantation and Estate of Ulysses Fitzmaurice Esquire, deceased; and for vesting the same in Trustees, to be sold for Payment of his Debts; and for other Purposes therein mentioned.”

Ordered, That the said Bill be committed to a Committee of the whole House:

Ordered, That the House be put into a Committee upon the said Bill To-morrow.

Old Artillery Ground Workhouse, &c Bill.

Hodie 2a vice lecta est Billa, intituled, “An Act for providing a Workhouse, and for better governing, regulating, and maintaining, the Poor, within the Old Artillery Ground, in the Liberty of the Tower of London; and for paving, cleansing, lighting, and watching, the Streets, Lanes, and other Open Passages and Places, within the same; and for preventing Obstructions and Annoyances therein.”

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 Friday next, at the usual Time and Place; and to adjourn as they please.

Carre against Cairnes et al.

A Petition of John Carre of Cavers Esquire, Appellant in a Cause depending in this House, to which Isobel Cairnes and others are Respondents, was presented and read; setting forth, “That this is a Question between Landlord and Tenant, where the Tenant endeavours to keep Possession after the Expiration of his Lease, and has for Twelve Months past, by Means of Procceedings at Law, kept Possession of his Farm: That the Term of the Tenant’s Removal was on the 15th of May 1773, and if this Appeal is not determined before the 15th of May next, the Appellant will be kept One Year longer out of Possession of his Farm, which he has let at a considerable advanced Rent;” and therefore praying their Lordships, “That this Cause may be heard on such early Bye-Day as to them shall appear convenient and proper.”

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

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 26th Day of this instant April.

Roebuck and Garbett against Stirlings, Petition for a Bye Day.

A Petition of William and Andrew Stirlings, Respondents in a Cause depending in this House, to which Messieurs Roebuck and Garbett are Appellants, which stands appointed for hearing, was presented and read; setting forth, “That this Appeal is brought to reverse an Interlocutor of the Court of Session in Scotland, dismissing a Bill of Suspension preferred by the Appellants in that Court against the Respondents, for an Injunction against their carrying on a Manufacture of Oil (fn. 1) and Vitriol from a Mixture of Sulphur, which they had established at a great Expence, to the making of which the Appellants insisted they had the exclusive Right, founded upon certain Letters Patent passed in June 1771: That a temporary Injunction against the Respondents having been granted in December 1772, the Respondents are apprehensive that the Consequence of bringing this Appeal may be to continue the Injunction to prevent them from carrying on the Manufacture;” and therefore praying their Lordships, “That this Cause may be heard on such early Bye-Day as to their Lordships shall seem convenient and proper.”

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

And being withdrawn:

Ordered, That this House will hear the said Cause, by Counsel at the Bar, on Tuesday the 10th Day of May next.

Report from Committee appointed to consider of Disturbances in the Colony of Massachusetts Bay.

The Earl of Buckinghamshire reported from the Lords Committees appointed to enquire into the several Proceedings in the Colony of Massachusetts Bay, in Opposition to the Sovereignty of His Majesty in His Parliament of Great Britain over that Province; and also what hath passed in this House relative thereto from the 1st Day of January 1764, as follows:

Journals, April 2d, 1764.

“That in obedience to your Lordships Commands the Committee have met and taken into Consideration the Matters to them referred; and having attentively read and considered the several Papers which have been laid before the House, relative to the Proceedings in the Colony of Massachusetts Bay in Opposition to the Sovereignty of His Majesty in His Parliament of Great Britain over that Province; and having also carefully inspected the Journals of the House from the 1st Day of January 1764 to the present Time, they find that, on the 2d Day of April 1764, a Bill was brought up from the Commons to your Lordships, intituled, “An Act for granting certain Duties in the British Colonies and Plantations in America; for continuing and amending and making perpetual an Act, passed in the Sixth Year of the Reign of His late Majesty King George the Second, (intituled, “An Act for the better securing and encouraging the Trade of His Majesty’s Sugar Colonies in America”); for applying the Produce of such Duties, and of the Duties to arise by virtue of the said Act, towards defraying the Expences of defending, protecting, and Securing, the said Colonies and Plantations; for explaining an Act, made in the Twenty-fifth Year of the Reign of King Charles the Second, (intituled, “An Act for the Encouragement of the Greenland and Eastland Trades, and for the better securing the Plantation Trade”); and for altering and disallowing several Drawbacks on Exports from this Kingdom, and more effectually preventing the clandestine Conveyance of Goods to and from the said Colonies and Plantations, and improving and securing the Trade between the same and Great Britain.

April 4th and 5th.

“That this Bill passed the House on the 4th of April, and received the Royal Assent on the following Day.

11th Dec. 1761.

No 11. Representation of the Board of Trad to His Majesty.

No 11. Extracts from the printed Votes of the House of Representatives of the Colony of Massachusetts Bay, 1st, 8th, 12th, and 13th of June, 1764.

No 11. Otis’s Book, from Page 57, to the End of the Book.

“The Committee having perused the Report of the Board of Trade of the 11th Day of December 1764, and the Papers laid before His Majesty therewith, find in the said Papers the strongest Assertions by the Assembly of the Massachusetts Bay of their sole Right to pass Laws, particularly of Taxation; and of their Resolution to invite the other Colonies to combine with them in Measures to prevent the King, in His Parliament, from passing any such Laws; for Instance, in a Letter to Mr. Maudurt, then Agent of the Province, which was drawn up by a Committee of the House of Representatives, and afterwards approved by the House, they use the following Expressions, “The Silence of the Province should have been imputed to any Cause, even to Despair, rather than be construed into a tacit Cession of their Rights, or an Acknowledgement of a Right in the Parliament of Great Britain to impose Duties and Taxes upon a People who are not represented in the House of Commons:” And in the same Letter they avowed and authenticated the Doctrines advanced in a certain Pamphlet, intituled, “The Rights of the British Colonies asserted and proved, written by James Otis Esquire:” which Pamphlet, amongst other Things, says, “That the Imposition of Taxes, whether on Trade or on Land, on Houses or Ships, on Real or Personal, fixed or floating Property, in the Colonies, is absolutely irreconcileable with the Rights of the Colonists as British Subjects, and as Men.”

Journals, Feb 28th, 1765.

“The Committee find that, on the 28th Day of February 1765, a Bill was brought from the Commons, intituled, “An Act for granting and applying Stamp Duties and other Duties in the British Colonies and Plantations in America, towards further defraying the Expences of defending, protecting, and securing the same; and for amending such Parts of the several Acts of Parliament relating to the Trade and Revenues of the said Colonies and Plantations, as direct the Manner of determining and recovering the Penalties and Forfeitures therein mentioned.”

“That the said Bill received the Royal Assent on the 22d of the same Month.

Dec. 17th.

“That on the 17th Day of December His Majesty declared in His most Gracious Speech from the Throne, “That the Matters of Importance which had lately occurred in some of His Colonies in America, were the principal Cause of His Majesty’s assembling His Parliament sooner than was usual in Times of Peace.”

No. 17 Votes of the House of Representatives, June 6th, 1765.

Ibid. June 8th, and 20th, 1765.

“It appears to the Committee, from the Votes of the House of Representatives of the Colony of Massachusetts Bay, of the 6th of June 1765; that they came to a Resolution, “That it was highly expedient there should be a Meeting as soon as might be, of Committees from the Houses of Representatives, or Burgesses, in the several Colonies on the American Continent, to consult on their then present Circumstances, and the Difficulties to which they were reduced by the Operation of the late Acts of Parliament, for levying Duties on the Colonies, and to consider of a General Address to His Majesty and the Parliament, to implore Relief; and that Letters should be forthwith prepared and transmitted to the respective Speakers of the several Assemblies, to invite them to accede to this Proposition: And further, That on the 8th of June they did actually elect: Three Persons, to be their Committees; and also voted 450l. to bear their Expences.”

No. 21. Gov Bernard’s Letter, Aug. 15th, 1765, to the Lords Commissioners for Trade and Plantations.

No. 22. Do Aug. 31st, 1765. Gov. Bernard to the Lords of Trade.

“Your Committee find in a Letter from the Governor to the Lords Commissioners for Trade and Plantations, dated August 15th, 1765, an Account of a violent Riot at Boston, in Resistance to a Law palled by the Legislature of Great Britain, in which an Attack was made upon Mr. Oliver, Distributor of Stamps, and carried to the Length of pulling down and destroying his Houses, manifesting a Resolution, if they could have found him, of putting him to Death; upon which Occasion the Backwardness and Indisposition of the Council to support the Peace and good Order of Government, were very apparent: Also in another Letter from the Governor, dated August 31st, 1765, to the said Board of Trade, they find that the Mob attacked the House of Mr. Storey, Register of the Admiralty, which they demolished; they also took all his Books and Papers, amongst which were the Records of the Court of Admiralty, and burnt them, and searched about for him, with an Intent to murder him; they also pillaged the House of Mr. Hallowell, Comptroller of the Customs. But their most violent Proceeding was against the Lieutenant Governor, whose House, Plate, Books, and Manuscripts, to a very great Value, they totally destroyed. And in this great Extremity the Council, being, as the Governor observes, dependent upon the People, refused even to concur with him in his Proposition of giving Notice to General Gage of the then Situation of the Town of Boston.

No 34. Gov. Bernard’s Letter to the Earl of Halifax, Castle William, Aug. 15th and 16th, 1765.

“It is remarkable that this Commotion entirely arose out of the Town of Boston; for though it was given out that many People out of the Country were concerned in this Affair, upon Enquiry it was found that such Persons living out of Boston as were seen in the Crowd, were there merely as Spectators.

No. 68. Gov Bernard’s Letter to the Board of Trade, Oct. 12th, 1765.

“In Governor Bernard’s Letter to the Board of Trade, October 12th, 1765, he says, “That the real Authority of the Government is at an End, some of the principal Ringleaders in the late Riots walk the Streets with Impunity, no Officers dare attack them, no Attorney General prosecute them, no Witness appear against them, and no Judges sit upon them.”

No. 76. Gov Bernard Letter to Mr. Sec. Conway, Boston, Nov. 25, 1765.

“And, during this general Disorder, the Governor thought it necessary for some Companies of the Militia to be mustered, with the unanimous Advice of the Council, but that the Militia refused to obey his Orders.

No. 71. Extract of a Letter from Gov. Bernard to John Pownall Esq. dated Boston, Oct. 26th, 1765.

No. 74. Resolutions of the Council and House of Representatives, Oct. 25th, 1765.

“And we find that so little Attention was paid to an Act of the British Legislature, by the Council and House of Representatives, that they resolved in a joint Committee, on the 25th of October 1765, that it should and might be lawful to do Business without Stamps, notwithstanding the Act of Parliament to the contrary.

Journals Jan 14th, 1766.

“On the 14th Day of January 1766, upon the Meeting of the Parliament after the Recess at Christmas, His Majesty was pleased to declare himself in a most Gracious Speech from the Throne, in the following Terms:
“My Lords, and Gentlemen,
“When I met you last I acquainted you that Matters of Importance had happened in America, which would demand the most serious Attention of Parliament.
“That no Information which could serve to direct your Deliberations in so interesting a Concern might be wanting, I have ordered all the Papers that give any Light into the Origin, the Progress, or the Tendency, of the Disturbances which have of late prevailed in some of the Northern Colonies, to be immediately laid before you.
“No Time has been lost on the First Advice of these Disturbances, to issue Orders to the Governors of My Provinces, and to the Commanders of My Forces in America, for the Exertion of all the Powers of Government in the Suppression of Riots and Tumults, and in the effectual Support of lawful Authority.
“Whatever remains to be done on this Occasion I commit to your Wisdom, not doubting but your Zeal for the Honour of My Crown, your Attention to the just Rights and Authority of the British Legislature, and your Affection and Concern for the Welfare and Prosperity of all My People, will guide you to such found and prudent Resolutions as may tend at once to preserve those Constitutional Rights over the Colonies, and to restore to them that Harmony and Tranquillity which have lately been interrupted by Riots and Disorders of the most dangerous Nature.”

“In the dutiful Address which was voted the same Day, the House assure His Majesty, “Of their hearty Concurrence with His Majesty’s most salutary Intentions; that they would exert their utmost Endeavours to assert and support His Majesty’s Dignity and Honour, and the Legislative Authority of this Kingdom over its Colonies; and that they would take into their Consideration the most proper Methods to provide for the Restoration of the Tranquillity of those Colonies which had been disturbed by such violent and dangerous Commotions.”

Journals, 1766.

“Upon the same Day all the Papers relating to the Informations and Advices received from America of the Riots and Tumults there, were laid before the House.

Jan. 22d.

“More Papers relating to America were laid before the House, which, together with the other Papers, were referred to a Committee of the whole House for Tuesday the 28th.

27th.

“More Papers were laid before the House, and referred to the said Committee.

28th. Feb. 10th.

“The Committee met, and, after several Adjournments, on the 10th of February following the Chairman reported several Resolutions, which were agreed to by the House, as follows:
“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 of 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 enflamed 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 Recompence 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.”

“Ordered, That an humble Address be presented to His Majesty, pursuant to the 4th Resolution.

March 5th.

“On the Fifth of March a Bill was brought from the Commons, intituled, “An Act for the better securing the Dependency of His Majesty’s Dominions in America upon the Crown and Parliament of Great Britain.”

“Which Bill received the Royal Assent on the 18th of the same Month.

“And also a Bill, intituled, “An Act to repeal an Act made in the last Session of Parliament, intituled, “An Act for granting and applying certain Stamp Duties, and other Duties, in the British Colonies and Plantations in America, towards further defraying the Expences of defending, protecting, and securing, the same; and for amending such, Parts of the several Acts of Parliament relating to the Trade and Revenues of the said Colonies and Plantations, as direct the Manner of determining and recovering the Penalties and Forfeitures therein mentioned.”

18th March.

“Which Bill received the Royal Assent on the 18th of March.

“Whilst the Bill for repealing the Stamp Act was under Deliberation, Petitions from the Merchants of the City of Bristol, from the Merchants of Glasgow, from Edward Montague Agent for the Colony of Virginia, and from the Merchants of the City of London, in favour of the said Repeal, were received and read.

2d June.

“On the 2d of June a Bill was brought from the Commons, intituled, “An Act for indemnifying Persons who have incurred certain Penalties inflicted by an Act of the last Session of Parliament, “for granting certain Stamp Duties in the British Colonies and Plantations in America;” and for making valid all Instruments executed or enrolled there on unstamped Paper, Vellum, or Parchment.”

“Which Bill received the Royal Assent the 6th of the same Month.

No. 115. Extract of a Letter from Gov. Bernard to the Earl of Shelburne, dated Boston, Dec. 24th, 1766.

“It appears by a Letter from Governor Bernard to the Earl of Shelburne, dated December the 24th 1766, that the Governor, by Advice of the Council, ordered the Mutiny Act and Three other Acts to be printed by the Printer of the Laws, in the Interval of the Adjournment of Assembly: Two Companies of Artillery being driven on Shore by Distress of Weather, and the said Act of Parliament having been consulted, the Council advised the Governor to order the Commissary to supply them with what they demanded under the Act, which was done. Upon the Meeting of the Assembly a Message was sent to the Council, and carried by Five Members, to enquire, “By what Authority Acts of Parliament were registered amongst the Laws of that Province; and whether they knew of any Act (meaning of Assembly) requiring the registering of Ordinances (their Term for Acts of Parliament) which their Legislature never consented to.”

Journals, March 12th, 1767.

“The Committee find that, on the 12th of March 1767, the Lord Wycombe (by His Majesty’s Command) laid before the House Copies of Letters, &c. from His Majesty’s Governors in America, which were ordered to lie on the Table.

April 3d.

“That on the 3d of April more Copies of Letters from His Majesty’s Governors in America were laid before the House, and ordered to lie on the Table.

May 14th.

“That on the 14th of May it was ordered, That an humble Address should be presented to His Majesty, “That He would be graciously pleased to give Directions that there might be laid before this House Copies of all Reports made to or by the Commissioners of Trade and Plantations, together with all Orders and Proceedings made or had by the Secretaries of State or His Majesty’s Privy Council, relating to the Bill passed by the Governor, Council, and Assembly of the Massachusetts Bay, for granting Compensation to the Sufferers, and of free and general Pardon, Indemnity, and Oblivion to the Offenders in the late Times, from the Time of the Receipt of the said Bill.”

May 18th.

“That on the 18th Day of May, pursuant to the said Address, the Lord Wycombe laid before the House, Copy of the Report of the Committee of Council, &c.; which Papers were ordered to lie on the Table.
“That on the same Day it was ordered, That an humble Address should be presented to His Majesty, “That He would be graciously pleased to give Directions, that there might be laid before this House, Copies of such Precedents as had been, or might be, found of Orders in Council, declaring Acts of Assembly in America, to be null, illegal, or void; together with Reports of the several Attornies and Solicitors General, or either of them, in similar Cases read at the Council Board the 9th instant.”

22d.

“That on the 22d of May, the Lord Wycombe, by His Majesty’s Command, laid before the House Copies of such Precedents as had been found of Orders in Council, declaring Acts of Assemblies in America to be null, illegal, and void; together with Reports of the several Attornies and Solicitors General, or either of them, in similar Cases.
“Which Papers, were ordered to lie on the Table; and from a Perusal of them we find that several Acts of different Colonies have been from Time to Time declared by His Majesty in Council to be null, illegal, and void.

June 15th.

“That on the 15th of June a Bill was brought up from the Commons, intituled, “An Act to enable His Majesty to put the Customs and other Duties in the British Dominions in America, and the Execution of the Laws relating to Trade there, under the Management of Commissioners to be appointed for that Purpose, and to be resident in the said Dominions.”

“Which Bill received the Royal Assent on the 29th of the same Month.

18th.

“That on the 18th of June a Bill was brought up from the Commons, intituled, “An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation from this Kingdom of Coffee and Cocoa Nuts of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthen Ware, exported to America; and for more effectually preventing the clandestine running of Goods in the said Colonies and Plantations.”

“Which Bill received the Royal Assent on the 29th of June.

No. 116. No. 117 Message from the House of Representatives to Gov. Bernard, enclosed in private Letter to E. Shelburne, dated Boston, Feb. 14th and; 18th 1767; also 119.

“The Committee find that, on the Meeting of the Assembly of the Province of Massachusetts Bay, on the 28th of January 1767, a Message was sent to the Governor from the House of Representatives desiring to be informed, “Whether any Provision had been made at the Expence of that Government for the King’s Troops lately arrived in the Harbour of Boston;” and that after having had the Minutes of Council (by which it expressly appeared that the Provision for the Artillery Companies at the Castle was, made in pursuance of the then late Act of Parliament) laid before them, they replied that “in giving Orders, with the Advice of the Council, for making Provision for the Artillery Companies at the Castle, the Governor had acted in an essential Point against the plain Intention of the Charter, by which alone, and that only according to such Acts as are or may be in force within this Province, the Governor and Council were authorized to issue Money out of the Treasury;” adding, “That it was still more grievous to them to find the Governor stating as the Foundation of the Proceeding, a late Act of Parliament which to them appeared as great a Grievance as the Stamp Act, which took away the unalienable Right of Freedom from all Taxation, but such as they should voluntarily consent to and grant.”

No 116. Extract of a Letter from Gov. Bernard to E Shelburne, Boston, 14th and 18th Feb. 1767.

“Governor Bernard was obliged in his Rejoinder, 14th and 18th February 1767, carefully to avoid giving the Act of Parliament as the Foundation of the Provision made; he would otherwise not have had the Concurrence of the Council, for though the greater Part, he believed, had a due Respect for Acts of Parliament, not one of them would have dared to avow it in that Instance, and at that Time.

Journals March 2d, 1768

“The Committee find that, on the 2d of March 1768, a Bill was brought up from the Commons, intituled, “An Act for the more easy and effectual Recovery of the Penalties and Forfeitures inflicted by the Acts of Parliament relating to the Trade or Revenues of the British Colonies and Plantations in America.”

“Which Bill received the Royal Assent on the 8th of the same Month.

No 131 and 132. Circular Letter contained in Gov Bernard’s to E. Shelburne, dated Boston, Feb. 18th, 1768.

“It appears to the Committee, That by a circular Letter from the House of Representatives of the Colony of Massachusetts Bay, addressed to all the Assemblies upon the Continent of North America, “they desired the Assent of those Assemblies to their Sentiments and Proceedings, acquainting them, that they had represented to His Majesty that the Acts of Parliament of Great Britain, imposing Duties upon that Province with the sole and express Purpose of raising a Revenue, are Infringements of their natural constitutional Rights, and desired them to point out any Thing further that might be necessary to carry their System into Execution.”

No. 317. Gov Bernard’s Letter to Lords of Trade, July 7th, 1766, and Letters to E. Shelburne.

“In this Year the Assembly, at the Election of the Council, left out all the Crown Officers, which Measure had been before adopted in the Years 1766 and 1767.

321. Gov. Bernard’s, of 30th May 1768, and May 30th, 1767.

“In the Beginning of May 1768, Subscriptions were made, and Associations entered into, for the Non-importation of Goods from Great Britain; but this last Measure was at that Time defeated by the Merchants in the other Colonies refusing to concur in it.

No. 152. Sir Francis Bernard’s Letter of 21st March to E. Shelburne; also No. 207.

No. 173. Copy of a Memorial of the Commissioners of the Customs to the Lords of the Treasury, June 16th, 1768; also No. 161.

No. 204. Journals of the Council, 27th and 29th July 1768.

“On the 9th Day of May 1768, regular Seizure was made by the Collector and Comptroller of the Customs of the Sloop Liberty, belonging to Mr. Hancock of the Town of Boston, which occasioned a most violent Tumult; the Collector and Comptroller, with the Son of the Collector, were attacked by a numerous and outrageous Mob, who beat and abused them in a most cruel Manner; and in the Night attacked their Houses, broke the Windows, seized on a Boat belonging to the Collector, which they carried away in Triumph, and afterwards burnt. The Commissioners of the Customs expecting the same Treatment, the Riot still continuing, thought it prudent to retreat for Safety till Midnight with their Families, to the Houses of some Persons in the Neighbourhood, and afterwards, upon Conviction that their Lives were in Danger, took Refuge on Board His Majesty’s Ship The Romney, then in the Harbour of Boston; and for their further Security from thence into Castle William. During the Time of this their perilous Situation they applied several Times, by Letter, to the Governor and Council for Protection, but could procure no Assistance whatsoever; and were finally told, in a Letter from Governor Bernard, dated June 13th, that “after several Hours Deliberation of the Necessity of taking some Measures to preserve the Peace of the Town, and what those Measures should be, the Council had come to Resolution that, as there appeared to be no immediate Danger of further Violences, they were of Opinion that it would be best to refer this Matter to the Consideration of a Committee of both Houses, and that therefore the Governor at present could not let them know what Kind of Aid and Protection they might expect to receive:” The Consequence of which was, that they received no Protection whatsoever. The Disorder and Confusion remained in this State unnoticed till the 22d of July, when the Governor moved the Council to take into Consideration some Measures for restoring Vigour and Firmness to Government; but on the 29th of July, the Council made a. Reply to what had been proposed to them by the Governor, in which they state, “That the Disorders which happened were occasioned by the violent and unprecedented Manner in which the Sloop Liberty had been seized by the Officers of the Customs.”

No 283 Narrative of the late Transactions at Boston.

“In consequence of this disorderly State at Boston, Two Regiments having been sent thither from Halifax, in order to support the Execution of the Civil Power, and preserve the Peace of the Town; strict Orders were given and repeated to the Troops not to quarrel with the Townsmen, by whom they complained they had been frequently ill treated and insulted.

No. 284. Captain, Preston’s Cale.

No 273. Lieut Gov Hutchinson to the E. of Hillsborough, Boston, 12th March, 1774.

“On Monday the 5th of March 1768, at 9 at Night, the Alarm Bells were rung as in Cases of Fire, the Fire said to be in King Street, and the People thereby led thither, where, finding the Alarm false, they joined a Multitude who had been braving Two Companies at the Gates of their Barrack, and threatened with Death the Centinel who was posted at the Custom House, where the King’s Treasure was lodged. The Centinel being surrounded was forced to retreat, and call for Aid, which brought Captain Preston, Captain of the Day, with a Party from the Main Guard to extricate him: That Officer used his utmost Endeavours to prevent Mischief, notwithstanding which the Rioters, by Blows and every Act of Aggravation, drew upon themselves the Fire of several of the Soldiers, by which some Persons unfortunately were killed; and upon the Governor’s offering to obtain the Commanding Officer’s Consent to remove One of the Regiments to the Castle, and to station the other so as no Opportunity of Disputes with the Townsmen should remain, the Council insisted that both Regiments should go, giving for a Reason that the People would most certainly drive out the Troops, join that the Inhabitants of other Towns would join with Boston in it; and several of them declared that they did not judge from the general Temper of the People only, but they knew it to be the Determination, not of a Mob, but of the Generality of the principal Inhabitants; in consequence of which both Regiments were accordingly removed.

No. 169. Petition of the Town of Boston to Gov. Bernard, June 14th, 1768; also No. 167.

“In the Petition presented to the Governor by several People of Consideration, in pursuance of the Resolution of a Town Meeting held at that Time, they disavow the Legislative Authority of this Country, and assert that it would be better for them to struggle against it, than tamely to relinquish their Rights.

No 189. Answer of the House of Representatives of Massachusetts Bay to the Governor, Jane 30th, 1768

“And the Assembly absolutely refused, by a great Majority, to rescind their former Order of sending circular Letters to the other Colonies, though they had received a positive Requisition from the Crown to that Purpose.

No. 207. Sir Francr Bernard, Letter, 9th Aug. 1768, to E Hillsborough.

“An Association was entered into the Beginning of August, when most of the Merchants of Boston entered into, and subscribed an Agreement that they would not send for or import any Kind of Goods or Merchandize from Great Britain, some few Articles of Necessity excepted, from the 1st of January 1769 to the 1st of January 1770; and that they would not import any Tea, Paper, Glass, or Painter’s Colours, until the Act, imposing Duties on those Articles, should be repealed.

No. 214. Proceedings at the Town Meeting at Boston, Sept. 12th, 1768.

“It was also voted in a Town Meeting of the Freeholders and other Inhabitants of Boston, September 12th, that the levying Money within that Province for the Use and Service of the Crown, in other Manner than the same is granted by the great and general Court or Assembly of the Province, was, in Violation of the said Royal Charter, and the same was also in Violation of the undoubted natural Rights of Subjects, declared in the aforesaid Act of Parliament (meaning the Act of Succession) freely to give and grant their own Money for the Service of the Crown, with their own Consent in Person, or by Representatives of their own free Election.

No. 214.

“They also voted that, as the Governor did not think proper to call a General Court for the Redress of their (supposed) Grievances, the Town should then make Choice of a suitable Number of Persons to act for them as a Committee in Convention, with such as might be sent to join them from the several Towns in that Province, in order that such Measures might be consulted and advised as His Majesty’s Service, and the Peace and Safety of His Subjects in the Province, might require.

“They also voted that, as there was at that Time a prevailing Apprehension in the Minds of many of an approaching War with France, in order that the Inhabitants of that Town might be prepared, in case of sudden Danger, that those of the said Inhabitants who might at that Time be unprovided should be, and thereby were requested duly to observe at that Time the Law of the Province, whereby it is required that every lifted Soldier and other House-holder, (except Troopers, who by Law are otherwise to be provided), shall be always provided with a well-fixed Firelock, Musket, Accoutrement, and Ammunition, as in the said Law is particularly mentioned, to the Satisfaction of the Commission Officers of the Company.

No. 214.

“They also voted that a Letter should be written to the several Towns in the Province, as follows:
“Gentlemen,

No. 215. Circular Letter from the Select Men of Boston, Sept. 14th, 1768.

“You are already too well acquainted with the melancholy and very alarming Circumstances to which this Province, as well as America in general, is, now deduced; Taxes, equally detrimental to the Commercial Interests of the Parent Country and her Colonies, are imposed on the People without their Consent; Taxes designed for the Support of, the Civil Government, in the Colonies, in a Manner clearly unconstitutional, and contrary to that in which, till of late, Government has been supported by the free Gift of the People in the American Assemblies or Parliaments; as also for the Maintenance of a large standing Army, not for the Defence of the newly acquired Territories, but for the old Colonies, and in Time of Peace. The decent, humble, and truly loyal Applications and Petitions from the Representatives of this Province, for the Redress of these heavy and very threatening Grievances, have hitherto been ineffectual, being assured, from authentic Intelligence, that they have not yet reached the Royal Ear, the only Effect of transmitting Applications hitherto perceivable, has been a Mandate from One of His Majesty’s Secretaries of State to the Governor of this Province, to dissolve the General Assembly, merely because the late House of Representatives refused to rescind a Resolution of a former House, which implied nothing more than a Right in the American Subjects to unite in humble and dutiful Petitions to their Gracious Sovereign, when they found themselves aggrieved. This is a Right naturally inherent in every Man, and expressly recognized at the glorious Revolution, as the Birth Right of an Englishman.

“This Dissolution you are sensible has taken place. The Governor has publickly and repeatedly declared that he cannot call another Assembly; and the Secretary of State for the American Department, in One of his Letters communicated to the House, has been pleased to say “that proper Care will be taken for the Support of the Dignity of Government,” the Meaning of which is too plain to be misunderstood.
“The Concern and Perplexity into which these Things have thrown the People have been greatly aggravated by a late Declaration of His Excellency Governor Bernard, that One or more Regiments may be expected in this Province.
“The Design of these Troops is in every one’s Apprehension, nothing short of enforcing, by Military Power, the Execution of Acts of Parliament, in the forming of which the Colonies have not, and can not have, any Constitutional Influence. This is One of the greatest Distresses to which a free People can be reduced.
“The Town which we have the Honour to serve, have taken these Things, at their late Meeting, into their most serious Consideration; and, as there is in the Minds of many, a prevailing Apprehension of an approaching War with France, they have passed the several Votes which we transmit to you, desiring that they may be immediately laid before the Town, whose Prudentials are in your Care, at a legal Meeting, for their candid and particular Attention.
“Deprived of the Councils of a General Assembly in this dark and difficult Season, the loyal People of this Province will, we are persuaded, immediately perceive the Propriety and Utility of the proposed Committee of Convention, and the sound and wholesome Advice that may be expected from a Number of Gentlemen chosen by themselves, and in whom they may repose the greatest Confidence, must tend to the real Service of Our most Gracious Sovereign, and the Welfare of His Subjects in this Province, and may happily prevent any sudden and unconnected Measures, which, in their present Anxiety, and even Agony of Mind, they may be in Danger of falling into.
“And it is of Importance that the Convention should meet as soon as may be; so early a Day as the 22d of this instant September, has been proposed for that Purpose; and it is hoped, the remotest Towns will by that Time, or as soon after as conveniently may be, return their respective Committees.
“Not doubting but you are equally concerned with us and our Fellow Citizens, for the Preservation of our invaluable Rights, and for the general Happiness of our Country; and that you are disposed, with equal Ardour, to exert yourselves in every Constitutional Way for so glorious a Purpose.”

“The Committee observe, that it does not appear to them that any Steps were taken to suppress these Measures, or that they were noticed (fn. 1) of by the Council or any of the Civil Magistrates.

“The Committee think it necessary here to insert the following Extracts.

Journals, Nov. 8th, 1768.

“The First Extract is from His Majesty’s most Gracious Speech from the Throne, on the 8th Day of November 1768.
“At the Close of the last Parliament, I expressed my Satisfaction at the Appearances which then induced me to believe, that such of My Subjects as had been milled in some Parts of My Dominions, were returning to a just Sense of their Duty; but it is with equal Concern that I have since seen that Spirit of Faction which I had hoped was well nigh extinguished, breaking out afresh in some of My Colonies in North America, and in One of them proceeding even to Acts of Violence, and of Resistance to the Execution of the Law; the capital Town of which Colony appears, by late Advices, to be in a State of Disobedience to all Law and Government, and has proceeded to Measures subversive of the Constitution, and attended with Circumstances that manifest a Disposition to throw off their Dependance on Great Britain. On My Part I have pursued every Measure that appeared to be necessary for supporting the Constitution, and inducing a due Obedience to the Authority of the Legislature. You may rely upon my steady Perseverance in these Purposes; and I doubt not but that, with your Concurrence and Support, I shall be able to defeat the mischievous Designs of those turbulent and seditious Persons, who, under false Pretences, have but too successfully deluded Numbers of My Subjects in America, and whose Practices, if suffered to prevail, cannot fail to produce the most fatal Consequences to My Colonies immediately, and, in the End, to all the Dominions of My Crown.”

Nov. 8th.

“The Second Extract is from your Lordships dutiful Address to His Majesty on His said most Gracious Speech.
“We feel the most sincere Concern, that any of our Fellow Subjects in North America should be misled by factious and designing Men into Acts of Violence, and of Resistance to the Execution of the Law, attended with Circumstances that manifest a Disposition to throw off their Dependance upon Great Britain: At the same Time, that we shall be always ready to contribute to the Relief of any real Grievance of Your Majesty’s American Subjects, we most unfeignedly give Your Majesty the strongest Assurances, that we shall ever zealously concur in Support of such just and necessary Measures, as may best enable Your Majesty to repress that daring Spirit of Disobedience, and to enforce a due Submission to the Laws; always considering that it is One of our most essential Duties to maintain inviolate the Supreme Authority of the Legislature of Great Britain over every Part of the Dominions of Your Majesty’s Crown.”

“The Third Extract is from His Majesty’s most Gracious Answer to your Lordships Address.

Nov. 10th.

“Your zealous Concurrence in every Measure that can bring Relief to My People is well known to Me, nor do I doubt of the Attention that you will always give to any real Grievances of My American Subjects. The strong Assurances I receive from you at the same Time of your Determination to vindicate the just Legislative Authority of Parliament over all the Dominions of My Crown, deserve My warmest Approbation.”

15th.

“The Committee find that, on the 15th of November, the Lord Harwich acquainted the House, “That he had received His Majesty’s Commands to lay before the House Papers relating to the late Disturbances in America; and that the same would be laid before the House in a few Days.

28th.

“That, accordingly, on the Twenty-eighth of November, the Lord Harwich laid before the House, Copies of all Letters, &c. relating to the late Proceedings of the Colony of the Massachusetts Bay; together with a List thereof, which was read by the Clerk.

Dec. 15th.

“That on the 15th of December, the House came to the following Resolutions:
“1. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Votes, Resolutions, and Proceedings, of the House of Representatives of Massachusetts Bay, in the Months of January and February last, respecting several late Acts of Parliament, so far as the said Votes, Resolutions, and Proceedings, do import a Denial of, or to draw into Question, the Power and Authority of His Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, 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, are illegal, unconstitutional, and derogatory of the Rights of the Crown and Parliament of Great Britain.
“2. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Resolution of the said House of Representatives of the Province of Massachusetts Bay, in January last, to write Letters to the several Houses of Representatives of the British Colonies on the Continent, desiring them to join with the said House of Representatives of the Province of Massachusetts Bay, in Petitions which do deny, or draw into Question, the Right of Parliament to impose Duties and Taxes upon His Majesty’s Subjects in America; and in pursuance of the said Resolution, the writing such Letters, in which certain late Acts of Parliament, imposing Duties and Taxes, are stated to be Infringements of the Rights of His Majesty’s Subjects of the said Province, are Proceedings of a most unwarrantable and dangerous Nature, calculated to inflame the Minds of His Majesty’s Subjects in the other Colonies, tending to create unlawful Combinations repugnant to the Laws of Great Britain, and subversive of the Constitution.
“3. Resolved, by the Lords Spiritual and “Temporal, in Parliament assembled, That it appears that the Town of Boston, in the Province of Massachusetts Bay, has for some Time past been in a State of great Disorder and Confusion; and that the Peace of the said Town has at several Times been disturbed by Riots and Tumults of a dangerous Nature, in which the Officers of His Majesty’s Revenue there have been obstructed by Acts of Violence in the Execution of the Laws, and their Lives endangered.
“4. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That it appears that neither the Council of the said Province of Massachusetts Bay, nor the Ordinary Civil Magistrates, did exert their Authority for suppressing the said Riots and Tumults.
“5. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That in these Circumstances of the Province of Massachusetts Bay, and of the Town of Boston, the Preservation of the Publick Peace and the due Execution of the Laws became impracticable, without the Aid of a Military Force, to support and protect the Civil Magistrates and the Officers of His Majesty’s Revenue.
“6. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Declarations, Resolutions, and Proceedings, in the Town Meeting at Boston, on the 14th of June and 12th of September, were illegal and unconstitutional, and calculated to excite Sedition and Insurrections in His Majesty’s Province of Massachusetts Bay.
“7. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Appointment at the Town Meeting, on the 12th of September, of a Convention to be held in the Town of Boston on the 22d of that Month, to consist of Deputies from the several Towns and Districts in the Province of the Massachusetts Bay, and the issuing a Precept by the select Men of the Town of Boston to each of the said Towns and Districts for the Election of such Deputies, were Proceedings subversive of His Majesty’s Government, and evidently manifesting a Design in the Inhabitants of the said Town of Boston, to set up a new and unconstitutional Authority independent of the Crown of Great Britain.
“8. Resolved, by the Lords Spiritual and Temporal, in Parliament assembled, That the Elections, by several Towns and Districts in the Province of Massachusetts Bay, of Deputies to sit in the said Convention, and the Meeting of such Convention in Consequence thereof, were daring Insults offered to His Majesty’s Authority, and audacious Usurpations of the Powers of Government.”

“It was then Ordered, That an humble Address be presented to His Majesty to return His Majesty Thanks for the Communication which he has been graciously pleased to make to His Parliament, of several Papers relative to publick Transactions in His Majesty’s Province of Massachusetts Bay.
“To express our sincere Satisfaction in the Measures which His Majesty has pursued for supporting the Constitution, and inducing a due Obedience to the Authority of the Legislature.
“To give His Majesty the strongest Assurances that we will effectually stand by and support His Majesty in such further Measures as may be found necessary to maintain the Civil Magistrates in a due Execution of the Laws within His Majesty’s Province of Massachusetts Bay.
“And as we conceive that nothing can be more immediately necessary either for the Maintenance of His Majesty’s Authority in the said Province, or for the guarding His Majesty’s Subjects therein from being further deluded by the Arts of wicked and designing Men, than to proceed in the most speedy and effectual Manner, for bringing to condign Punishment the chief Authors and Instigators of the late Disorders, to beseech His Majesty, that He will be graciously pleased to direct His Majesty’s Governor of Massachusetts Bay, to take the most effectual Methods for procuring the fullest Information that can be obtained, touching all Treasons or Misprision of Treason committed within His Government since the 30th of December last, and to transmit the same, together with the Names of the Persons who were most active in the Commission of such Offences to One of His Majesty’s Principal Secretaries of State, in order that His Majesty may issue a Special Commission for enquiring of, hearing and determining the said Offences within this Realm, pursuant to the Provisions of the Statute of the Thirty-fifth Year of the Reign of King Henry the Eighth, if His Majesty shall, upon receiving the said Information, see sufficient Ground for such a Proceeding.”

“And a Message was sent to the House of Commons, to carry down the said Resolutions and Address, and desire their Concurrence thereto.

20th Jan.1769.

“On the 20th of January 1769, the Lord Harwich (by His Majesty’s Command) laid before the House more Copies of Letters relating to America; which were ordered to lie on the Table.

9th Feb.

“On the 9th of February, the Resolutions and Address sent to the Commons on the 15th of December last for their Concurrence, were returned agreed to, with some Amendments, which were read and agreed to, and Notice thereof sent to the Commons; and the said Address was ordered to be presented to His Majesty by both Houses.

14th Feb.

“On the 14th of February, the Lord Chancellor reported His Majesty’s Answer to the said Address, as follows:

“My Lords, and Gentlemen,
“The sincere Satisfaction you express in the Measures which I have already taken, and the strong Assurances you give of supporting Me in those which may be still necessary, to maintain the just Legislative: Authority, and the due Execution of the Laws in My Province of Massachusetts Bay, give Me great Pleasure.
“I shall not fail to give those Orders which you recommend, as the most effectual Method of bringing the Authors of the late unhappy Disorders in that Province to condign Punishment.” Which Address and Answer were ordered to be printed.

Vide Resolves and Addresses of both Houses of Parliament, in Feb. 1769

“It doth not appear to the Committee, That the Censure of the Proceedings in the Province of Massachusetts Bay, and of the Conduct of the Council and other Civil Magistrates, expressed by both Houses of Parliament in their Resolutions, and their Approbation of the Measure of sending Troops thither to support and protect the Magistrates, and the Officers of the Revenue, produced the good Effect that might reasonably have been hoped for. A Disposition to deny the Authority, and resist the Laws of the Supreme Legislature, continued still to prevail, not only in flagitious Publications in the daily Newspapers, but also in a Variety of violent and unwarrantable Resolutions and Proceedings of those Merchants and others, who had subscribed to the Agreements for Non-Importation of Goods from Great Britain.

323. Vide printed Account of the Associations and the proceedings in Consequence thereof, Page 5 to Page 24.

“Meetings of the Associators were represented to have been held, in as regular a Manner as any other Meeting authorized by the Constitution; Committees were appointed to examine the Cargoes of all Vessels arriving from Great Britain; and regular Votes and Resolutions of Censure were passed in those Meetings, upon all such as refused to concur in those unlawful Associations; their Names were published in the public Newspapers, as Enemies to their Country; and the Mandates and Decrees of those Committees (fn. 2) meet with a Respect and Obedience denied to the Constitutional Authority of Government.
“In some Cases Goods imported from Great Britain were locked up in Warehouses, under the Care of these Committees, in order to prevent their being sold; and in One or Two Instances they were reshipped to Great Britain.

324. Vide sir Francis Bernard’s Letter 1st June and 17th June 1769.

“On the 31st of May 1769, the General Court met at the Court House at Boston, pursuant to His Majesty’s Writs, and the first Step the Assembly took, before they proceeded on any other Business, was to send a Message to the Governor, asserting that the having Ships in the Harbour, and Troops in the Town of Boston, was inconsistent with their Dignity and Freedom; and therefore, that they had a Right to expect that he would give Orders for the Removal of the Forces, by Sea and Land, from that Port, and from the Gates of the City during the Session of the Assembly; and at the same Time the House came to several Resolutions to the same Effect as the Declarations contained in their Message to the Governor.
“The Governor having, in Reply to their Message, acquainted them, “That he had no Authority over His Majesty’s Ships in that Port, or His Troops in that Town, nor could give any Orders for the Removal of them;” they then proceeded to the Election of Counsellors, in which Election not only the Lieutenant Governor and other Officers of Government were excluded, but also several other Gentlemen who had been of the former Council, and who (the Governor represents) shewed a Disposition to support the King’s Government, to acknowledge the Authority of Parliament, and to preserve the People from a democratical Despotism, and were otherwise distinguished by their Integrity and Ability.
“On the 13th of June the Assembly sent an Answer to the Governor’s Message of the 31st of May, in which he had told them he had no Authority over the King’s Ships or Troops.
“In this Answer they assert that, “by the Principles of the Constitution, the Governor of that Colony has the absolute Military Command; that the sending a Military Force there to enforce the Execution of the Laws, is inconsistent with the Nature of Government, and the Spirit of a free Constitution; that the Unwillingness of a People in general that a Law should be executed, was a strong Presumption of its being an unjust Law, that it could not be their Law, as the People must consent to Laws before they can be obliged, in Conscience, to obey them.”

325 Extract of Gov. Bernaaid’s Letter to E. Hillsborough, 1st, 7th, and 11th of July, 1769, enclosing the Resolutions of the House of Representatives, of the 8th of July.

“It appears by a Vote of the Assembly, on the 8th of July, that they have declared that all Trials for Treason, Misprision of Treason, or for any Felony or Crime whatever, committed or done in that Colony, ought of Right to be had and conducted within the Courts of the Colony; and that the seizing any Person or Persons residing in that Colony suspected of any Crime whatsoever committed therein, and sending such Person or Persons to Places beyond the Sea to be tried, is highly derogatory of the Rights of British Subjects, as thereby the inestimable Privilege of being tried by a Jury from a Vicinage, as well as the Liberty of summoning and producing Witnesses on such Trial, will be taken, away from the Party accused.

Journals, April 6th 1770.

“On the 6th of April 1770, a Bill was brought up from the House of Commons to Your Lordships, intituled, “An Act to repeal so much of an Act, made in the Seventh Year of His present Majesty’s Reign, intituled, “An Act for granting certain Duties in the British Colonies and Plantations in America; for allowing a Drawback of the Duties of Customs upon the Exportation from this Kingdom of Coffee and Cocoa Nuts of the Produce of the said Colonies or Plantations; for discontinuing the Drawbacks payable on China Earthern Ware, exported to America; and for more effectually preventing the clandestine Running of Goods in the said Colonies and Plantations;” as relates to the Duties upon Glass, Red Lead, White Lead, Painter’s Colours, Paper, Pasteboards, Millboards, and Scale-boards, of the Produce or Manufacture of Great Britain, imported into any of His Majesty’s Colonies in America; and also to the discontinuing the Drawbacks payable on China Earthen Ware exported to America, and for regulating the Exportation thereof.”

“Which Bill received the Royal Assent on the 12th of April.

April 30th.

“On the 30th of April, it was ordered, that an humble Address should be presented to His Majesty, That He would be graciously pleased to give Directions that there be laid before this House, Copies of all Narratives of any Disputes or Disturbances which have happened between His Majesty’s Troops stationed in North America, and the Inhabitants of any of His Majesty’s Colonies there, since the 24th Day of June last, received by the Commissioners of His Majesty’s Treasury, any of His Majesty’s Secretaries of State, or any other Public Offices, together with Copies of all Orders and Instructions sent to the Governors, Lieutenant Governors, Deputy Governors, Presidents of the Council of any of His Majesty’s Colonies in North America, or to the Commander in Chief of His Majesty’s Forces, or any Officer, Civil or Military, within the same, relative to such Disputes or Disturbances.”

May 4th.

“And that on the 4th of May, the Lord Harwich, by His Majesty’s Command, laid before the House several Papers relating to the late Disturbances in America, pursuant to an Address to His Majesty for that Purpose, on the 30th of April last, together with a List thereof; which were ordered to lie on the Table.

7th.

“The Committee find, that, on the 7th of May, the Lord Harwich laid before the House, by His Majesty’s Command, a Narrative of the late Transactions at Boston, and the Case of Captain Thomas Preston, of the Twenty-ninth Regiment of Foot, which had been transmitted to his Lordship from the War Office; and the same were ordered to lie on the Table.

May 14th.

“On the 14th of May it was ordered, that an humble Address should be presented to, His Majesty, that He would be graciously pleased to give Directions, that there be laid before this House, Copies of the Earl of Hillsborough’s Letter of the 13th of May, 1769, to the Governors of the several Colonies of North America; together with the Speeches of the Governors, referring to the said Letter, and the Answers of the Assemblies to the same, so far as they have been received.

15th.

“And on the 15th, the Lord Harwich laid before the House, by His Majesty’s Command, Copies of the Earl of Hillsborovgh’s Letter of the 13th of May 1769, to the Governors of the several Colonies of North America; together with the Speeches of the Governors, referring to the said Letter, and the Answers of the Assemblies to the same, so far as they have been received; together with a List thereof; which were ordered to lie on the Table; and the same, with the other American Papers presented in this Session, were also ordered to be taken into Consideration on Friday next; and the Lords summoned.

326. Lieut Gov. Hutchinson’s Letter to E. Hillsborough, dated March 27th, 1770.

“The Committee find, by Lieutenant Governor Hutchinson’s Letter of the 27th of March, 1770, that when the Troops were in the Town, the Commissioners of the Customs were sensible they could have no Dependence upon them, for if any Riot had happened, no Civil Magistrate that he knew, would have employed them in suppressing it, those who, from a Principle, would have been disposed to it, refusing, and giving this Reason, that they must immediately after have left the Country, and that just the same Principles prevailed with respect to the Troops, which were said to be unconstitutional, although established by an Act of Parliament, it being alledged that it was an Act which did not bind Colonists.

327. Vide Lieut. Gov. Hutchinson’s Letter to E. Hillsborough, 27th April and 21st May 1770.

“Lieutenant Governor Hutchinson, in his Letter to the Earl of Hillsborough, April the 27th, 1770, complains, that he has never been able to obtain the Advice or Consent of the Council to any Proposal made for discountenancing the Usurpation of the Powers of Government by the Town of Boston: That he had used the negative Powers given him by Charter, in excluding Mr. Hancock from being Speaker pro tempore, and Mr. Cushing from the Office of Commissary General, to which Offices they had been elected; but adds that this was doing but little, as he could not remove any of those who were actually in Office, some of whom were more inflammatory than any out of Office; he further says, that they were then attempting to compel all the Importers of what they call contraband Goods, to send them back, and that he was not sure they would not succeed; that all Goods which they have not enumerated, are called contraband: That Tea from Holland may lawfully be sold; that it is a High Crime to sell any from England: That Mr. Hancock offered to send One or more of his Ships back, and to lose the Freight; that several of the Importers pleaded that they should be utterly ruined; but that the Boston Zealots had no Bowels, and gave for answer, “that if a ship was to bring in the plague, nobody would doubt what was necessary to be done with her; but the present Case is much worse than that.”—In the same Letter the Lieutenant Governor observes, “that the Boston Principles obtain more and more in the remote Parts of the Province, and the Representatives of Seven Eighths of the Town appear, in the present Session, to be Favourers of the Non-Importation Measures: That their internal Distresses may, in a Course of Years, force them to desist, but that the Distress at present, and it may be for some Time to come, lies principally upon the Friends to Government, who run the Rifle of importing Goods, and then are compelled, by the ruling Power, to keep them unfold, or to ship them back; that he made an Attempt that Day to prevail upon a Merchant of the First Estate and Character, to induce him to promote an Association, but to no Purpose; and that he give him for Answer, “that, until Parliament made Provision for the Punishment of the Confederacies, all would be ineffectual, and the Associates would be, exposed to popular Rage,” He observed further, “that the last Year, when the King’s Speech, and the Addresses of the Lords and of the House of Commons first came to them, the Heads of the Opposition were struck with Terror, and the seditious Newspaper Writers laid aside their Pens for Five or Six Weeks, but as soon as the Apprehension of vigorous Measures ceased, their Fears were over, and they became more assuming and tyrannical than before, and although the Terror was not so great the present Year, yet it was visible; but now, that they expect nothing will be done, they are recovering their Spirits, knowing there is no Power within the Government to restrain them.

No. 327. Letter from Lieut. Gov. Hutchinson to E. Hillsborough, May sift, 1770.

“The Resistance to the Custom House Officers still continued to manifest itself upon every Occasion, in consequence of which, on the 18th of May 1770, a Tidesman of the Customs, who had seized a small coasting Vessel belonging to Connecticut, and a few Casks of Sugar, for Breach of the Acts of Trade, in the Evening was seized, stripped, and carted about the Town for Three or Four Hours, besmeared with Tar, and then covered with Feathers, and followed by a great Number of disorderly People.
“The Committee do not find in your Lordships Journals of the Years 1771 and 1772, any material Proceedings relative to the Matter to them referred.

No. 328. Lieut. Gov. Hutchinson to £. Hillsborough, July 6th, 1771.

“Though in the Year 1771, Things remained tolerably quiet in the Province of Massachuset’s Bay, yet the Disposition to disavow the Authority of Parliament occasionally broke out in the House of Assembly and Town Meetings; accordingly, in an Answer from the House of Representatives to a Message from the Governor on the 5th of July 1771, they say, that “they know of no Commissioners of His Majesty’s Customs, nor of any Revenue His Majesty has a Right to establish in North America; that they know and feel a Tribute levied and extorted from those, who, if they have Property, have a Right to the absolute Disposal of it.”

No. 329. Lent. Gov. Hutchinson to E. Hillsborough, Nov. 28th, 1771

At the same Time the Disposition to import Goods in Defiance of the Laws of Revenue and Trade, and to support such iniquitous Practices, by Insults and open Violences upon the Officers whole Duty it is to carry the said Laws into Execution, broke out upon many Occasions; and, as usual, the Magistrates declined giving their Assistance and Support, though applied to for that Purpose; which appears in the Case of Arthur Savage, Comptroller of His Majesty’s Customs at Falmouth, who was forcibly taken out of his House in the Night by several Persons disguised and armed with Pistols and other dangerous Weapons, who put him in the utmost Danger of his Life, and not only obliged him to divulge the Name of the Person who had lodged an Information, but also to swear to the Truth of his Information, declaring at the same Time, that, if he discovered who they were, they would take his Life; and that upon his Application to the Justices, who were then sitting, they declined the Examination of the Evidence he brought to prove the Fact.

330.Gov. Hutchinson to E Hillsborough, May 29th, 1772, and the Boston Gazette of May 28th.

Things remained much in the same State in the Year 1772. The continued ill Temper of the People at Boston was manifested by their Instructions to their Representatives.

331. Gov. Hutchinson to E Dartmouth. Oct. 23d, 1772.

332. Address, Oct 28th. 1772.

Upon the News of His Majesty’s granting Salaries to the Justices of the superior Court, the most inflammatory Pieces were published in the Newspapers, and the Select Men of Boston ordered a Meeting to consider of Measures upon that Occasion; which Meeting voted an Address to the Governor, in which they say, that the Freeholders and other Inhabitants of the Town of Boston, legally assembled in Faneuil Hall, beg Leave to acquaint his Excellency, that a Report has prevailed which they have Reason to apprehend is well grounded, that Stipends are affixed to the Offices of the Judges of the superior Court of Judicature, &c. of this Province, whereby they are become independant of the Grants of the General Assembly for their Support, contrary to the ancient and invariable Usage.
“That this Report has spread an Alarm among all considerate Persons who have heard of it, in Town and Country, being viewed as tending rapidly to complete the System of their Slavery, which originated in the House of Commons of Great Britain’s assuming a Power and Authority to give and grant the Monies of the Colonists without their Consent, and against their repeated Remonstrances. And as the Judges hold their Places during Pleasure, this Establishment appears big with fatal Evils so obvious, that it is needless to trespass on your Excellency’s Time in mentioning them.”

333. Gov. Hutchinson to E. Dartmouth, Nov. 3d, 1771, with the printed Account of the Votes and Proceedings of the Town of Bolton, ad Nov. 1772.

“The Town Meeting afterwards appointed a Committee of Correspondence to write circular Letters to all the Towns in the Province, to induce them to unite in Measures upon that Occasion, which Committee met the 2d of November 1772, and made a Report, containing several Resolutions contradictory to the Supremacy of the British Legislature; and after setting forth, that all Men have, a Right to remain in a State of Nature as long as they please, they proceed to draw a Report upon the natural Rights of the Colonists, as Men, Christians, and Subjects, and form a Lift of Infringements and Violations of their Rights; One of the First of which contains an Assertion, that the British Parliament have assumed the Powers of Legislation for the Colonies in all Cases whatsoever, without obtaining the Consent of the Inhabitants, which is ever essentially necessary to the rightful Establishment of such a Legislature.

334. Printed Votes and Proceedings of the Freeholders and Inhabitants of Boston, in a Town Meeting, Nov. 20, 1772.

“They also consider it as an Infringement of their Rights that a Number of new Officers, unknown to the Charter, have been appointed to superintend the Revenues; whereas the great and general Court or Assembly of that Province had the sole Right of appointing all Civil Officers, excepting only such Officers, the Election and Constitution of whom is in the said Charter expressly excepted, among whom these Officers are not included.
“They likewise complain of it as a Grievance, that His Majesty has been pleased to apply 1,500l. Sterling annually out of the American Revenue, for the Support of the Government of this Province, independent of the Assembly; and that the Judges of the Superior Court, as also the King’s Attorney and Solicitor General, are to receive their Support from, what they call, this grievous Tribute, which, they say, will if accomplished complete their Slavery.
“Six hundred Copies of this Report were circulated in the Towns of the Province, with a pathetic Letter addressed to the Inhabitants, who are called upon not to doze any longer, or sit supinely in Indifference, whilst the Iron Hand of Oppression is daily tearing the choicest Fruits from the fair Tree of Liberty.

Journals, 6th May, 1773.

“On the 6th of May, a Message was brought from the House of Commons to Your Lordships, with a Bill, intituled, “An Act to allow a Drawback of the Duties of Customs on the Exportation of Tea to any of His Majesty’s Colonies or Plantations in America, to increase the Deposit on Bohea Tea to be fold at the East India Company’s Sales; and to impower the Commissioners of the Treasury to grant Licences to the East India Company to export Tea Duty-free,” which Bill received the Royal Assent on the 10th of May.

336. Answer of Council to Governor’s Speech, Jan. 25th, 1773, Journal of House of Representatives.

It appears to the Committee, in the Answer of the Council to the Governor’s Speech at the Opening of the Session, “that they declare they are of Opinion that the Parliament cannot Constitutionally levy Taxes, in any Form, on His Majesty’s Subjects in that Province.”

336. House of Representatives Answer to Governor’s Speech, Jan. 26th, 1773.

“And the House of Representatives, upon the same Occasion, declare, that if there have been in any late Instances a Submission to Acts of Parliament, it has been, in their Opinion, rather from Inconsideration, or a Reluctance at the Idea of contending with the Parent State, than from a Conviction or Acknowledgement of the supreme Legislative Authority of Parliament.

295. Extract of a Letter from Gov Hutchinson to E, Dartmouth, 4th Nov. 1773, with Four Enclosures, 296, 297, 298, 299.

“The Committee of Correspondence appear to have used their utmost Endeavours to work up the Minds of the People, not only of their own, but also of the Southern Governments, to prevent the Importation of Teas from the East India Company; and accordingly, on the 3d of November 1773, a Mob of about Five hundred Persons committed several outrageous Acts of Violence against the Persons to whom it was expected the Tea in Question would be consigned, insisting that they should engage and promise not to receive or fell it; that if they did, they would be voted Enemies to their Country, and must expect to be treated as such hereafter. They then forced open the Doors of the Warehouses of Mr. Clark, and tore them off the Hinges, and entered with great Violence; attempting to force their Way up to the Compting House, but were driven back by the Persons who were in it.

302. Copy of a Vote of the Town Meeting of Boston, Nov. 5th, 1773.

308. Copy of a Paper printed at Boston, dated Dec. 1st, 1773, enclosed in Gov. Hutchinson’s Letter of Dec. 2d. 1773.

“A Committee then of the Freeholders and other Inhabitants attended Messieurs Thomas and Elisha Hutchinson, supposed to be Two of the Consignees, and requested them to resign their Appointment, and upon their refusing, voted their Answer unsatisfactory. Governor Hutchinson did every Thing in his Power without the Council for the Preservation of the Peace and good Order of the Town, and thought, that if he had (fn. 2) the Aid the Council might have given, his Endeavours would have been more effectual.

304 Extract of a Letter from Gov Hutchinson to E Dartmouth, Boston, Nov. 15th, 1773.

305, 306. Copy of a Letter from Gov Hutchinson to E. Dartmouth, dated Boston, Dec 2d, 1773, enclosing a Copy of the Petition of Richard Clark and Sons Benjamin paneml and Thomas and Elisha Hutchinson and of the Proceedings of the Council thereupon.

“On the 17th of November 1773, a large Number of People beset the House of Mr. Hutchinson, but not finding him at Home, proceeded to Mr. Clark’s, another of the Consignees, where they committed great Disorders, broke the Glasses and Frames of the Windows, and did considerable Damage. After this Riot the Governor immediately summoned a Council, and laid before them the Necessity of some Measures being taken; but the Council declined advising or directing any Measures for landing the Tea, suggesting, that they then would of Course advise to a Measure for procuring the Payment of the Duty, and therefore be advising to a Measure inconsistent with the declared Sentiment of both Houses in the last Winter Session of the General Court, which they apprehend to be altogether inexpedient and improper.

308. Copy of a Paper printed at Boston, dated Dec. 1st, 1773, in Gov Hutchinson’s Letter of ad Dec. 1773

“After the Arrival of a Ship loaded with Tea, a Meeting of the People of Boston, and the Neighbouring Towns, was held on the 29th of November, and continued, by Adjournment, till next Day, when a Motion was made and agreed to nem. con. that the Tea should not only be sent back, but that no Duty should be paid thereon.
“It was also voted nem. con. that Mr. Rotch, Owner of the Vessel, and Captain Hall, the Master of the Ship, at their Peril, should not suffer any of the Tea to be landed; it was also voted, that Governor Hutchinson’s Conduct, in requesting the Justices of the Peace to meet to suppress all Riots and unlawful Assemblies, carried a designed Reflection upon the People there met, and was solely calculated to serve the Views of Administration. They afterwards voted that the Tea brought by Captain Hall, should be returned, by Mr. Rotch, to England, in the same Bottom in which it came; it was also voted nem. con. that Six Persons should be appointed to give due Notice to the Towns in the Country, when they should be required so to do upon any important Occasion.
“They also resolved, that if any Person or Persons should hereafter import any Tea from Great Britain, or if any Mailer or Mailers of any Vessel or Vessels in Great Britain, should take the same on board to be imported to that Place, until the said unrighteous Act should be repealed, he or they should be deemed by that Body an Enemy to his Country, and that they would prevent the Landing and Sale of the same, and the Payment of any Duty thereon, and that they would effect the Return thereof to the Place from whence it came.
“They also resolved, That these their Votes be printed and sent to England, and all the Sea Ports in the Province. Before they separated, they voted that their Brethren in the Country should be desired to give their Assistance upon the First Notice that should be given.

309. Copy of a Letter from Gov. Hutchinson to E. Dartmouth, Boston, Dec. 15th, 1773.

“After the Dissolution of this Assembly of the People, what is called the Committee of Correspondence, called in Committees of other Towns, or other Persons to join with them, kept up a Military Watch and Guard every Night to prevent the landing any Teas, and appeared to be the Executioners of the Resolves and Orders passed at the aforesaid Assembly.
“The Consignees having retired to the Castle, the Owner of the First Ship that arrived was the principal Person applied to, and he was sent for repeatedly by these Committees, and was frequently required to fend back the Ship with the Teas; he pleaded “that he could not obtain a Clearance at the Custom House, nor a Pass for the Castle, and that if he should be able to get his Ship out of the Harbour, both,Ship and Cargo would be forfeited in every Part of the King’s Dominions;” this was not thought satisfactory, and the next Morning another Assembly of the People met and chose a Moderator. At this Meeting it was determined, “that Mr.Rotch, the Owner of the Ship, should demand at the Custom House a Clearance of the Teas for England which was done the 15th, when the Collector and Comptroller refused to giant it.

310. Copy of a Letter from Gov Hutchinson to E Dartmouth, Boston, Dec. 11th, 1773.

“He then was obliged to demand a Permit from the Naval Office to pass the Castle; afterwards he was sent to the Governor to apply to him for the Permit, who soon satisfied him that no Permit could be granted until the Vessel was regularly cleared. He returned to Town that Evening, and reported this Answer to the Meeting. Immediately whereupon Numbers of the People cried out a Mob! a Mob! left the House, repaired to the Wharfs where Three of the Vessels lay aground, having on board 340 Chests of Tea, and in Two Hours Time it was totally destroyed. A sufficient Number of People for doing the Work were disguised, and these were surrounded by Numbers, as well of the Inhabitants of Boston, as of other Towns.

No 298 Copy of a Narrative in Gov Hutchinson’s Letter of Nov. 4th, 1772.

“The Committee observe, that many Persons o£ Confederation in the Town of Boston took the Lead in the Proceedings of this Meeting, for whose Names they beg Leave to refer your Lordships to the Papers themselves.

Journals, 4th March, 1774.

“On the 4th of March 1774, the Earl of Dartmouth acquainted the House, “That His Majesty had given Directions that the several Papers received from America relating to the Disturbances there with regard to the Importation of Tea, should be laid before the House; and that the same would be delivered on Monday next.

7th March 1774.

“The Earl of Dartmouth acquainted the House, That he had a Message from His Majesty under His Royal Sign Manual, which His Majesty had commanded him to deliver to this House.”

“And the same was read by the Lord Chancellor, and is as follows; (videlicet),
GEORGE R.
“His Majesty, upon Information of the unwarrantable Practices which have been lately concerted and carried on in North America; and particularly of the violent and outrageous Proceedings at the Town and Port of Boston, in the Province of Massachusetts Bay, with a View to obstructing the Commerce of this Kingdom, and upon Grounds and Pretences immediately subversive of the Constitution thereof, hath thought fit to lay the whole Matter before His Two Houses of Parliament, fully confiding, as well in their Zeal for the Maintenance of His Majesty’s Authority, as in their Attachment to the Common Interest and Welfare of all His Dominions, that they will not only enable His Majesty effectually to take such Measures as may be moil likely to put an immediate Stop to the present Disorders, but will also take into their most serious Consideration what farther Regulations and permanent Provisions may be necessary to be established for better securing the Execution of the Laws, and the just Dependence of the Colonies upon the Crown and Parliament of Great Britain.

G. R.”

“The Earl of Dartmouth also (by His Majesty’s Command) laid before the House, Copies of all Letters, &c. received from North America relating to the Disturbances there with regard to the Importation of Tea, with a Lift thereof.
“It was ordered, That an humble Address be presented to His Majesty, “To return His Majesty the Thanks, of this House for His Majesty’s Gracious Message, and for the Communication His Majesty hath been graciously pleased to make to this House of several Papers relative to the present State of some of His Majesty’s Colonies in North America.
“To assure His Majesty, That this House, truly sensible that the Peace and good Government of the Colonies, and the preventing any Obstructions there to the Commerce of this Kingdom, are Objects of their most serious Attention, will enter upon the Consideration of these Papers with an earnest Desire to make such Provisions as, upon mature Deliberation, shall appear necessary and expedient for securing the just Dependance of the said Colonies upon the Crown and Parliament of Great Britain, and for enforcing a due Obedience to the Laws of this Kingdom throughout all His Majesty’s Dominions.”

“And the said Papers and His Majesty’s most Gracious Speech were likewise ordered to be taken into Consideration on Thursday Sevennight, and the Lords summoned.

March 11th;

“On the 11th of March, the Earl of Dartmouth (by His Majesty’s Command) laid before the House more Papers from America relating to the Disturbances there with regard to the Importation of Tea, together with a List thereof; and the same was read, and ordered to lie on the Table; and to be taken into Consideration on Thursday next.

25th.

“On the 26th of March, a Message was brought from the House of Commons, with a Bill, intituled, “An Act to discontinue, in such Manner, and for such Time as are therein mentioned, the landing and discharging, lading or shipping, of Goods, Wares, and Merchandize, at the Town and within the Harbour of Boston, in the Province of Massachusetts Bay, in North America.”

28th.

“On the 28th of March, a Petition of Mr Sayer and others, Natives of America, was presented and read, praying the said Bill may not pass into a Law; which was ordered to lie on the Table. Then the House took into Consideration the several Papers and His Majesty’s most Gracious Message; and the said Bill was read a Second Time, and committed.

30th.

“On the 30th of March, a Petition of William Bolland Esquire, Agent for the Council of the Province of Massachusetts Bay, was presented to the House and read; and he was called in, and heard at the Bar; and being withdrawn, the said Bill was read a Third Time, and passed Nem. Diss; and received the Royal Assent on the following Day.

No 316. Letter from Gov Hutchinson to E. Dartmouth, Boston, 25th Jan. 1774.

“It appears to the Committee, That on the 25th of January a great Number of Rioters in the Town of Boston committed a most inhuman Act of Violence upon the Person of John Malcolm, a Preventive Officer for the Port of Falmouth, in Casco Bay, who had lately seized a Vessel in that Port for Want of a Register; no Complaint of Irregularity was made against him, but it was thought proper by the above Rioters to punish him by tarring and feathering him, (but without stripping him), and carrying him about in Derision. This unfortunate Man having afterwards been frequently hooted at in the Streets, was provoked on the 25th by a Tradesman, who, he alledged, had several Times before affronted him, to strike him with his Cane; in consequence of which a Warrant was issued against him, but the Constable not being able to find him, a Mob gathered about his House in the Evening, and having broke his Windows, he pushed through the broken Window with his Sword, and gave a slight Scratch to One of the Assailants; soon after which the Mob entered his House, lowered him by a Rope from an upper Chamber into a Cart, tore his Cloaths off, tarred his Head and Body, feathered him, and dragged him through the main Street into King Street, from thence to Liberty Tree, and from thence to The Neck, as far as the Gallows, where they whipt him, beat, him with Sticks, and threatened to hang him. Having kept him under the Gallows above an Hour, they carried him back in the same Manner to the Extremity of the North End of the Town, and returned him to his own House, so benumbed by the Cold, having been naked near Four Hours, and so bruised, that his Life was despaired of. It appears that none but the lowest Class of the People were suspected of having been concerned in it; and that Mr. Malcolm, having for some Time before been threatened by the Populace with Revenge for his free and open Declarations against the late Proceedings, had occasionally indiscreetly given them Provocation.

No. 339 Gov. Hutchinson to E. Dartmouth, Boston, Feb. 14th, 1774, and Enclosures.

342. Copy of a Remonstrance of the House of Representatives of Massachusetts Bay against the Chief Justice.

343. Copy of a Vote of the Council and House of Representatives, Feb. 14th, 1774.

“The House of Representatives of Massachusetts Bay, on the lit of February, required the Chief Justice Oliver and the Four Judges of the Superior Court to declare, whether they would receive the Grants of Assembly for their Salaries, or accept their Support from the Crown, and were answered by the Four Judges, (they being fearful of making themselves Objects of popular Resentment, One of their Number having been previously brought over to that Consent), “that they would receive their Salaries from the Province;” but by the Chief Justice, “that he would continue to accept his Support from the Crown.” On the 11th of February they remonstrated to the Governor, “that the said Chief Justice Peter Oliver, having received his Salary and Reward out of the Revenue unjustly and unconstitutionally levied and extorted from the American Colonies, and being determined to continue to receive it contrary to the known Sense of the Body of the People of the Province, had thereby proved himself an Enemy to its Constitution, placed himself under an undue Bias, and rendered himself disqualified to hold his Office any longer.” And not having procured his Removal from the Governor in consequence of their Remonstrance, they passed a Vote to adjourn the superior Court, which, by Law, is to be held on the 15th of February, to the 22d of that Month, to which the Governor refused his Assent, and complains that he now considers himself as acting altogether on the defensive, avoiding his Consent where he cannot justify it, destitute of any Aid from any Part of the Legislature or Executive Powers of Government in maintaining Order when the Breach of it is caused, or pretended to be caused, by such Acts of Parliament, or such Exercise of His Majesty’s Authority as the People are taught by their Leaders to call Grievances.”

Which Report being read by the Clerk,

Ordered, That the said Report be printed.

Fitzmaurice’s Bill; the King’s Consent signified to it;

The Lord Chancellor acquainted the House, “That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for diverting out of the Crown the Plantation and Estate of Ulysses Fitzmaurice Esquire, deceased, and for vesting the same in Trustees to be sold for Payment of his Debts; and for other Purposes therein mentioned,” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

and to Heapham Enclosure Bill;

The Lord Chancellor acquainted the House, “That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing certain Open Fields and Meadows, Stinted Common Pastures, and Free Commons, in the Parish of Heapham, in the County of Lincoln;” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

and to Potterhanworth Enclosure Bill;

The Lord Chancellor 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, Meadows, Pastures, Fens, Heath, and Waste Lands, within the Parish of Potterhanworth, in the County of Lincoln;” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

and to Wroot Enclosure Bill.

The Lord Chancellor acquainted the House, “That His Majesty, having been informed of the Contents of the Bill, intituled, “An Act for dividing and enclosing the Open Arable Fields, Meadows, Pastures, Commons, and Waste Grounds, in the Parish of Wroot, in the County of Lincoln;” was pleased to consent (as far as His Majesty’s Interest is concerned) that their Lordships may proceed therein as they shall think fit.”

Adjourn.

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

Footnotes

1 Sic.
2 Sic