House of Lords Journal Volume 31
February 1766, 21-29

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History of Parliament Trust

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Year published

1767-1830

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280-288

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'House of Lords Journal Volume 31: February 1766, 21-29', Journal of the House of Lords volume 31: 1765-1767 (1767-1830), pp. 280-288. URL: http://www.british-history.ac.uk/report.aspx?compid=113253 Date accessed: 20 October 2014.


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Contents

Die Veneris, 21o Februarii.
Hunter against Keith Stewart & al. Accompt of Bullion imported from America delivered. Bladon, Enclosure Bill. Haselton, Enclosure Bill. Mangersbury Common, Bill. Great Tew Common, Bill. Heddington, Enclosure Bill Causes removed. Adjourn. Die Lunæ24o Februarii:
E. of Chester field taken the Oaths Damer against the E. of Inchiquin. Hamilton & al. against Clements: Judgement. Bladon Common Bill: Great Tew Common, Bill: Hase’ton Common, Bill: Maugersbury, Enclosure Bill: Messages to H. C that the Lords have agreed to the Four preceding Bills. Representations relating to Courts of Vice Admin1ilty in Alieno. Last Address to, delivered. Further Time for qualifying for Others, &c. Bill. Adjourn. Die Martis, 25o Februarii
Heddington, Enclosure Bill. Machel’s nat Bill. Damer against the E. of Inchiquin Further Time for qualifying for Offices, Bill: Message to H. C. that the Lords have agreed to it. Witnesses to attend, on Aid. Croft’s Divorce Bill. Accompt of Exports to America, and Imports from thence, delivered. Entries in the Journal, relating to the Stairs and Avenues to the House, read: Officer of the Board of Works to attend Papers relating to Vice Admiralty Courts in America, from the Council-office, delivered. Return from Board of Trade, relating to the Expense of American Colours delivered. Adjourn Die Mercurii, 26o Februarii.
Heworth, Enclosure Bill. His Majesty’s. Advocate against McIntosh. Sir J. Chetwode, Leave for a Bill Bill read. Causes put off. Officer of Board of Works to attend on Monday. Heddington, Enclosure Bill: Michel’s Nat. Bill: Message to H. C. that the Lords have agreed to the Two preceding Bills. Adjorn Die Jovis, 27o Februarii.
Mutiny Bill. Thenford, Enclosure Bill. His Majesty’s Advocate against M’Intosh. Kingsdown Hill, Road Bill. Steeple Aston Common, Bill. Godstone to East Grinstead, Road Bill. Mutiny Bill. Thenford Common, Bill. Heworth Common, Bill: Message to H. C. with Amendments to it. Sir J. Chetwode’s Bill. Adjourn. Footnotes

Die Veneris, 21o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen. Comes North Lington, Cancellarius. Ds. Le Despencer.
Epus. Carliol. Ds. Botetourt.
Comes Winchilsea, Præses. Ds. Delamer.
Ds. Cathcart.
Dux Bolton. Ds. Ticvor.
Dux Argyll. Ds. Monson.
Dux Bridgewater. Ds. Montfort.
Comes Huntingdon. Ds. Sandys.
Comes Peterborow. Ds. Bruce.
Comes Scarborough. Ds. Ponsonby.
Comes Abercorn. Ds. Wycombe.
Ds. Grantham.
Comes Dunmore.
Comes Marchmont. Ds. Boston.
Comes Oxford. Ds. Camden.
Comes Dartmouth.
Comes Halifax.
Comes Macclesfield.
Comes Pomfret.
Comes Temple.
Viscount Falmouth.
Viscount Dudley & Ward.

PRAYERS.

Hunter against Keith Stewart & al.

The Answer of Captain Keith Stewart, David Doch, and Alexander Ogilvie, and of Baron Count de Bothmar on Behalf of the King of Denmark, to the Appeal of Robert Hunter of London Merchant, was this Day brought in.

Accompt of Bullion imported from America delivered.

The House being informed, “That Mr. Stone, from the Bank, attended:”

He was called in; and delivered, at the Bar,

“An Accompt of Bullion imported from North America.”

“An Accompt of Bullion imported from Jamaica and the other West India Islands.”

And then he was directed to withdraw.

And the Titles of the said Accompts being read, by the Clerk:

Ordered, That the same do lie on the Table.

Bladon, Enclosure Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor and Parish of Bladon, in the County of Oxford,” 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.”

Haselton, Enclosure Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for confirming an Award made for dividing and enclosing several Common Fields and Downs in the Parish of Haselton, in the County of Glouceseter,” was committed.

Mangersbury Common, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Maugersbury, in the Parish of Show on the Wold, in the County of Gloucester,” was committed.

Great Tew Common, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Waste Grounds, in the Manor, Parish, and Tything, of Great Tew, in the County of Oxford,” was committed.

Heddington, Enclosure Bill

Hodie 2a vice lecta est Billa, intituled, “An act for confirming Articles of Agreement, for dividing, allotting, and enclosing, the Common Field Lands within the Parish of Heddington, in the County of Wilts.”

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

Ld. President. L. Bp. Rochester. Ld. Botetourt.
D. Bolton. L. B. Carlisle. L. Delamer.
D. Argyll. L. Cathcart.
D. Bridgewater. L. Monson.
E. Huntingdon. L. Montfort.
E. Peterborow. L. Sandys.
E. Scarborough. L. Bruce.
E. Abercorn. L. Ponsonby.
E. Dunmore. L. Grantham.
E. Marchmont. L. Boston.
E. Oxford.
E. Dartmouth.
E. Macclesfield.
E. Pomfret.
E. Temple.
Vis. Falmouth.

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.

Causes removed.

Ordered, That the Hearing of the Cause wherein Richard Hamilton Esquire and others are Appellants, and Nathaniel Clements Esquire and others Respondents, which stands for this Day, be put off till Monday next; and that the rest of the Causes be removed in Course.

Adjourn.

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

Die Lunæ24o Februarii:

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Duresm. Comes Northington, Cancellarius. Ds. Abergavenny.
Epus. Litch. & Cov. Comes Winchilsea Præses. Ds. Botetourt.
Epus. Cestrien. Dux Portland, Camerarius. Ds. Willoughby Br.
Epus. Cicestrien. Dux Somerset. Ds. Leigh.
Epus. Bangor. Dux Richmond. Ds. Berkeley Str.
Epus. Meneven. Dux Grafton. Ds. Delamer.
Epus. Landav. Dux Bolton. Ds. Cathcart.
Epus. Lincoln. Dux Bedford. Ds. Masham.
Epus. Exon. Dux Ancaster, Magnus Camerarius.
Ds. Romney.
Dux Manchester. Ds. Ducie.
Dux Bridgewater. Ds. Monson.
March. Rockingham. Ds. Edgecumbe.
Comes Suffolk. Ds. Sandys.
Comes Denbigh. Ds. Ravensworth.
Comes Peterborow. Ds. Hyde.
Comes Chesterfield. Ds. Lyttelton.
Comes Sandwich. Ds. Grantham.
Comes Shaftesbury. Ds. Boston.
Comes Litchfield. Ds. Lovel & Holland.
Comes Plimouth.
Comes Scarborough.
Comes Coventry.
Comes Poulet.
Comes Cholmondeley.
Comes Eglintoun.
Comes Abercorn.
Comes Marchmont.
Comes Dartmouth.
Comes Aylesford.
Comes Halifax.
Comes Macclesfield.
Comes Waldegrave.
Comes Ashburnham.
Comes Gower.
Comes Buckinghamsh.
Comes Powis.
Comes Harcourt.
Comes Ilchester.
Comes Radnor.
Viscount Hereford.
Viscount Townshend.
Viscount Weymouth.
Viscount Falmouth.
Viscount Courtenay.

PRAYERS.

E. of Chester field taken the Oaths

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

Damer against the E. of Inchiquin.

The House was informed, “That Thomas Tothall attended, in order to deliver Copies of Pleadings and Proceedings relating to a Cause depending in this House, wherein John Damer Esquire is Appellant, and the Earl of Inchiquin and others are Respondents.”

And thereupon he was tailed 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 was directed to withdraw.

Hamilton & al. against Clements:

After hearing Counsel, upon the Petition and Appeal of Richard Hamilton of the City of Dublin Esquire, and of Gustavus Hamilton and Charles Hamilton his Sons, Infants under the Age of Twenty-one Years, by the said Richard, Hamilton their Father and next Friend; complaining of a Decree of the Court of Chancery in Ireland, of the 13th Day of June 1763; and praying, “That the same might be reversed; or that the Appellants might have such further or other Relief in the Premises as the Nature and Circumstances of the Case might require:” As also upon the Answer of Nathaniel Clements Esquire put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

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 Decree therein complained of be, and the same is hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the said Respondent, the Sum of One Hundred Pounds of lawful Money of Great Britain, for his Costs in respect of the said Appeal.

Bladon Common Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, lying within the Manor and Parish of Bladon, in the County of Oxford.”

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

It was Resolved in the Affirmative.

Great Tew Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing certain Open and Common Fields, Common Pastures, Common Meadows, and Commonable Waste Grounds, in the Manor, Parish, and Tything, of Great Tew, in the County of Oxford.

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

It was Resolved in the Affirmative.

Hase’ton Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for confirming an Award, made for dividing and enclosing several Common Fields and Downs in the Parish of Haselton, in the County. of Gloucester.”

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

It Was Resolved in the Affirmative.

Maugersbury, Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Maugursbry, in the Parish of Stow on the Wold, in the County of Glouceseter.”

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 Four preceding Bills.

A Message was sent to the House of Commons, by Mr. Pechell and Mr. Graves:

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

Representations relating to Courts of Vice Admin1ilty in Alieno. Last Address to, delivered.

The House being informed, “That Mr. Clevland, from the Admiralty-office, attended:”

He was called in; and delivered, at the Bar (pursuant to an Address of this House to His Majesty of the 17th Instant),

“Copies of all Letters, Orders, Representations, Memorials, and Papers, relating to the Appointment of Courts of Vice Admiralty in America, together with all Proceedings that have been had thereupon, since the Conclusion of the late War, in Addition to those which have been already called for by the House of Lords; together with a Schedule of the said Papers.”

Which was read, by the Clerk, as follows:

“No 1. Copy of His Majesty’s Order in Council, upon a Memorial from the Right Honourable the Lords Commissioners of His Majesty’s Treasury, relative to the securing the Revenue arising by the Duties of Customs in America, and the establishing the Judicature of the Courts of Admiralty in that Country, dated 5th October, 1763.”

“No 2. Copy of a Letter from Mr. Stephens Secretary to the Admiralty, to Mr. Seddon Solicitor of the Admiralty;” enclosing,

“A Case for the Opinion of the King’s Advocate, Attorney, and Solicitor General, relative to the appointing a Vice Admiralty Court over all North America, dated 19th October, 1763.”

“No 3. Copy of the Opinion of the King’s Advocate, Attorney, and Solicitor General, upon a Case, which the Solicitor for the Affairs of the Admiralty was directed to lay before them on the 19th October 1763, relative to the appointing a Vice Admiral over all North America, with a Court and proper Officers.”

“No 4. Copy of a Memorial from the Lords of the Admiralty to His Majesty in Council, relative to the appointing a Vice Admiral over all North America, with a Court and proper Officers, dated the 14th March, 1764.”

“No 5. Copy of His Majesty’s Order in Council, dated the 18th April 1764, relative to the appointing a Judge of the Vice Admiralty Court for all America.”

“No 6. Copy of a Memorial from the Lords of the Admiralty to His Majesty in Council, dated the 24th April 1764, representing the Necessity of having Special Power; their present Commission not authorizing them to appoint a Vice Admiral over all America, with a Court and proper Officers.”

“No 7. Copy of His Majesty’s Letters Patent, empowering the Commissioners for executing the Office of Lord High Admiral to appoint a Vice Admiral over all America, with a Court and proper Officers, dated the 18th of May, 1764.”

“No 8. Copy of a Warrant from the Commissioners for executing the Office of Lord High Admiral to Sir Thomas Salisbury Judge of the High Court of Admiralty, to prepare Letters Patent, appointing Lord Northumberland Vice Admiral of all America, dated the 28th May, 1764.”

No 9. Copy of a Warrant from the Commissioners for executing the Office of Lord High Admiral to Sir Thomas Salisbury Judge of the High Court of Admiralty, to prepare Letters Patent, appointing Doctor William Spry Judge of the Vice Admiralty for all America, dated the 29th May, 1764.”

“No 10. Copy of Letters Patent, appointing Doctor William Spry to be Judge of the Vice Admiralty for all America, dated the 15th June, 1764.”

“No 11. Copy of the Patent constituting Hugh Earl of Northumberland Vice Admiral of all America, dated the 20th Decem'r, 1764.”

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

Further Time for qualifying for Others, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee on the Bill, intituled, “An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes; and to indemnify Members and Officers, in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to the several Acts of Parliament now in Force for that Purpose, or, having been stamped, have been loft or mislaid; and for allowing them Time to provide Admissions duly stamped.

After some Time, the House was resumed.

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

Adjourn.

Dominus Cancellarius declaravit prsæens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum quantum diem instantis. Februarii, hora undecima Auroras, Dominis sic decernentibus

Die Martis, 25o Februarii

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Londin. Dux York.
Epus. Duresm. Dux Gloucester. Ds. Botetourt.
Epus. Litch.& Cov. Comes Northington, Cancellarius. Ds. Leigh.
Epus. Wigorn. Ds. Delamer.
Epus. Cicestrien. Comes Winchilsea, Præses. Ds. Cathcart.
Epus. Landav. Ds. Masham.
Epus. Carliol. Ds. Ducie.
Epus. Exon. Dux Richmond. Ds. Monson.
Dux Grafton. Ds. Sandys.
Dux Bolton. Ds. Ravensworth.
Comes Huntingdon. Ds. Ponsonby.
Comes Suffolk. Ds. Lyttelton.
Comes Denbigh. Ds. Wycombe.
Comes Peterborow. Ds. Grantham.
Comes Sandwich. Ds. Scarsdale.
Comes Shaftesbury. Ds. Boston.
Ds. Lovel & Holpd.
Comes Scarborough.
Comes Abercorn.
Comes Dunmore.
Comes Marchmant.
Comes Aylesford.
Comes Macclesfield.
Comes Gower.
Comes Powis.
Comes Guilford.
Comes Radnor.
Viscount Hereford.
Viscount Weymouth.
Viscount Wentworth.
Viscount Dudley & Ward.

PRAYERS.

Heddington, Enclosure Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, “An Act for confirming Articles of Agreement, for dividing, allotting, and enclosing, the Common Field Lands within the Parish of Heddington, in the County of Wilts” 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.”

Machel’s nat Bill.

The Lord Delamer also reported from the Lords Michel’s Na Committees to whom the Bill, intituled, “An Act for naturalizing Jean Pierre Michel.” 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.”

Damer against the E. of Inchiquin

A Petition of John Darner Esquire, Appellant in a Cause depending in this House, to which the Earl Inchiquin is Respondent, which stands appointed to be heard on Friday next, was presented, and read; setting forth, “That the Person employed by the Petitioner, to examine the Copies of the several Pleadings and Proceedings in this Cause in Ireland with the “Originals in the proper Offices there, had the Misfortune, before he had completed such Examinations, by a dangerous Fall, to receive so much Hurt as to be incapable of proceeding further in the said Examination; in Consequence of which, the Petitioner was obliged to employ another Person in the said Examination, who did not arrive in England until Saturday last with the said Papers, which were delivered into this House Yesterday; that, the said Papers being very voluminous, the Petitioner will not be able to give his Counsel the requisite Instructions in so short a Time;” and therefore praying, “That the Hearing of the said Cause may be put off till after the Hearing of the Causes already appointed, or to such other Time as to the House shall seem meet.”

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off till Monday the 24th Day of March next.

Further Time for qualifying for Offices, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act to indemnify such Persons as have omitted to qualify themselves for Offices and Employments; and to indemnify Justices of the Peace, Deputy Lieutenants, and Officers of the Militia, or others, who have omitted to register or deliver in their Qualifications within the Time limited by Law; and for giving further Time for those Purposes; and to indemnify Members and Officers, in Cities, Corporations, and Borough Towns, whose Admissions have been omitted to be stamped according to the several Acts of Parliament now in Force for that Purpose, or, having been (lamped, have been lost or mislaid; and for allowing them Time to provide Admissions duly stamped.”

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 Mr. Greaves and Mr. Pechell:

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

Witnesses to attend, on Aid. Croft’s Divorce Bill.

Ordered, That Eleanor Dixon, Jane Chevalier, George Marshall, Elizabeth Jeffries, and Robert Twyte, do attend this House on Thursday the 6th Day of March next, in order to be examined as Witnesses upon the Second Reading of the Bill, intituled, “An Act to dissolve the Marriage of Charles Aldcroft Gentleman with Sarah Shewell his now Wife; and to enable him to marry again; and for other Purposes therein mentioned.”

Accompt of Exports to America, and Imports from thence, delivered.

The House being informed, “That Mr. Tomkyns, from the Custom House, attended:”

He was called in; and delivered, at the Bar, pursuant to Orders of the House of the 14th Instant,

An Accompt of the Value of the Exports from England to The North American Colonies, from Christmas 1739 to Christmas 1764; distinguishing each Year and each Place, and what Part thereof was Foreign Goods, and what Part of the Goods of the Produce or Manufacture of Great Britain

Also, “An Accompt of the Value of the Imports into England from The North American Colonies, from Christmas 1739 to Christmas 1764; distinguishing each Year, and each Colony.”

And then he was directed to withdraw.

And the Titles thereof being read, by the Clerk:

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

Entries in the Journal, relating to the Stairs and Avenues to the House, read:

The House being moved, That the Address of this House to His Majesty, on the 30th of April 1762 relating to the Stairs and Entry to the House, as also His Majesty’s Answer to the said Address on the 6th of May following, might be read:”

The same were accordingly read, by the Clerk.

Which done;

Officer of the Board of Works to attend

Ordered, That the proper Officer of the Board of Works do attend this House on Thursday next, and bring with him the Plans for altering the Stairs and Entry to this House in the Year 1762.

Papers relating to Vice Admiralty Courts in America, from the Council-office, delivered.

The Lord President delivered (pursuant to an Address to His Majesty of the 14th Instant),

“Copies of Memorials, and other Papers, relating to the Appointment of Courts of Vice Admiralty in America, and of all Orders and Proceedings that have been had thereupon before His Majesty in Council, since the Conclusion of the late War; together with a Lift of the said Papers.”

The said Lift was read, by the Clerk, as follows:

“No 1. 4th Octo’r, 1763. Copy of a Memorial from the Lords Commissioners of the Treasury to His Majesty in Council, relative to the securing the Revenue arising by the Duties of Customs in America, and the establishing the Judicature of the Courts of Admiralty in that Country.”

“No 2. 5th Octo’r, 1763. Copy of His Majesty’s Order in Council, approving the preceding Memorial of the Lords Commissioners of the Treasury (No 1.); and directing the Secretary of State, the Lords Commissioners of the Admiralty, and the Board of Trade, to give the necessary Directions for carrying into Execution the several Proposals contained in the said Memorial, so far as to them may respectively appertain.”

“No 3. 25th Octo’r, 1763. Copy of a Memorial of the Lords Commissioners of the Admiralty; submitting, whether it may not be necessary that they should be empowered to appoint Vice Admirals, and also Judges, and other Officers, requisite for Courts of Vice Admiralty, within the Four new Governments of Quebec, East Florida, West Florida, and Grenada.”

“No 4. 4th Nov’r, 1763. Copy of His Majesty’s Order in Council, directing the Earl of Halifax, One of His Majesty’s Principal Secretaries of State, to prepare a Warrant for passing a Commission under the Great Seal, empowering the Lords of the Admiralty to appoint Vice Admirals and other Officers for Vice Admiralty Courts, within the said Four new Governments.”

No 5. 14th March 1764. Copy of a Memorial of the Lords Commissioners of the Admiralty, relative to the appointing a Judge of the Admiralty for all North America, with a Salary of Eight Hundred Pounds per Annum.”

“No 6. 26th March, 1764. Copy of His Majesty’s Order in Council, referring the preceding Memorial (No 5) to the Lords Commissioners of the Treasury, for their Consideration.”

“No 7. 7th April, 1764. Copy of a Letter from the Secretary of the Treasury to the Clerk of the Council in Waiting, signifying that the Lords of the Treasury approve of appointing such a Judge as is mentioned in the Admiralty Memorial (No 5.), and also the Proposal relative to the Payment of his Salary.”

“No 8. 11th April, 1764. Copy of His Majesty’s Order in Council, referring the preceding Letter (No 7.), and also the Memorial of the Admiralty (No 5.), to a Committee of the Lords of the Council.”

“No 9. 16th April, 1764. Copy of a Report of the Lords of the Committee of Council, upon the Memorial of the Lords Commissioners of the Admiralty (No 5.), and Letter from the Secretary of the Treasury (No 7); and proposing, that a Judge of the Admiralty should be appointed for all America, with a Salary of Eight Hundred Pounds per Annum.”

“No 10. 18th April, 1764. Copy of His Majesty’s Order in Council, approving the preceding Report of the Lords of the Committee (No 9.); and directing that a Judge of the Vice Admiralty for all America be appointed.”

“No 11. 24th April, 1764. Copy of a Memorial of the Lords Commissioners of the Admiralty; submitting, that they should be empowered to appoint a Vice Admiral and proper Officers for a Court of Vice Admiralty of all America.”

“No 12. 25th April, 1764. Copy of His Majesty’s Order in Council, referring the preceding Memorial of the Lords Commissioners of the Admiralty (No 11.) to a Committee of the Lords of the Council.”

“No 13. 7th May, 1764. Copy of a Report of the Lords of the Committee of Council, upon the Memorial of the Lords Commissioners of the Admiralty (No 11.).

“No 14. 9th May, 1764. Copy of His Majesty’s Order in Council, approving the preceding Report of the Lords of the Committee (No 13.), and directing the Earl of Halifax, One of His Majesty’s Principal Secretaries of State, to prepare a Warrant for passing a Commission under the Great Seal, empowering the Lords of the Admiralty to appoint a Vice Admiral and proper Officers for a Court of Vice Admiralty for all America.”

“No 15. 4th July, 1765. Copy of a Representation from the Lords Commissioners of the Treasury to His Majesty, proposing that the Court of Vice Admiralty, now established at Halifax in Noba Scotia, may be removed to the Town of Boston, in the Province of The Massachusetts Bay, and that Two other Courts of Vice Admiralty may be established in like Manner, the one at Philadelphia in Pennsylvania, and the other at Charles Town in South Carolina.”

“No 16. 5th July, 1765. Copy of His Majesty’s Order in Council, referring the afore-going Representation of the Lords Commissioners of the Treasury, (No 15.), to a Committee of the Lords of the Council.”

“No 17. 15th Oclo’r, 1765. Copy of an Order of the Lords of the Committee of Council, referring to the Attorney and Solicitor General the Representation of the Lords Commissioners of the Treasury (No 15.), together with the Clauses in the Acts of Parliament, of the 4th and 5th of His present Majesty, relative thereto.”

“No 18. 21st Decem’r, 1765. Copy of a Report made by the Attorney and Solicitor General, in Pursuance of the afore-going Order of the Lords of the Committee (No 17.).”

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

Return from Board of Trade, relating to the Expense of American Colours delivered.

The Earl of Dartmouth delivered (pursuant an Address to His majesty, of the 14th instant),

“Return from the Commissioners for Trade and Plantations to the House of Lords, in Consequence of the Address of the said House to His Majesty, of the 14th of this Instant February, relating to the Annual Expense of the Establishments of the British Colonies in America; and to the Debts incurred by the said Colonies.”

And the Title thereof being read, by the Clerk:

Ordered, That the said Return do lie on the Table

Adjourn

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

Die Mercurii, 26o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov. Comes Narthington, Cancellarius.
Epus. Cestrien. Comes Winchilsea, Præses.
Epus. Cicestrien. Dux Portland, Camerarius.
Epus. Bangor. Ds. Leigh.
Epus. Meneven. Ds. Delamer.
Dux. Argyll. Ds. Trevor.
Epus. Landav. Dux Bridgewater. Ds. Romney.
Epus. Lincoln. March Rockingham. Ds. Duice.
Epus. Bristol. Ds. Monson.
Epus. Exon. Comes Denhigh. Ds. Ponsonby.
Comes Sandwich. Ds. Walpole.
Comes Shaftesbury. Ds. Boston.
Comes Cholmondeley. Ds. Digby.
Comes Abercorn.
Comes Loundoun.
Comes Marchmont.
Comes Macclesfield.
Comes Pomfret.
Comes Gower.
Comes Powis.
Comes Northhumb’land.
Comes Ilchester.
Comes Radnor.
Viscount Weymouth.
Viscount Wentworth.

PRAYERS.

Heworth, Enclosure Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, intituled, “An Act for dividing and enclosing the Moor, Waste, or Common, in the several Townships, Villages, or Hamlets, of Upper Heworth and Nether Heworth, in the County of Durham,” 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 several Amendments thereto”

Which Amendments were read by the Clerk, as follow:

“Press 1, L. 3. After [“County”], insert [“Palatine”].

L.24. After [“County”], insert [“Palatine”].

Pr. 4. L.2. After [“County”], insert [“Palatine”].

L. 3. After [“County”], insert [“Palatine”].

Pr. 6. L. 28. After [“thereof”], insert [“so as such Publick Highways be of the Breadth of Sixty Feet at least, between and exclusive of the Ditches and Fences”].

Pr. 22. L. 20. After [“County”], insert [“Palatine”].

In the Title of the Bill, L. 4. After [“County”], insert Palatine”].”

Then the said Amendments, being read a Second Time, were severally agreed to by the House.

His Majesty’s. Advocate against McIntosh.

After hearing Counsel in Part, in the Cause wherein His Majesty’s Advocate for Scotland is Appellant and Æneas M’Intosh Esquire is Respondent:

It is Ordered, That the further Hearing of the said Cause be adjourned till To-morrow.

Sir J. Chetwode, Leave for a Bill

After reading, and considering, the Report of the Judges to whom was referred the Petition of Sir John Chetwode Baronet 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 for vesting Part of the settled Estate of Sir John Chetwode Baronet in Trustees, to be fold, for discharging Encumbrances affecting the same.”

Causes put off.

Ordered, That the Cause wherein the Lady Mary Herbert is Appellant and the Earl of Powis is Respondent, which stands appointed to be heard on Monday next, be put off to Monday Seven night; and that the rest of the Causes be removed in Course.

Officer of Board of Works to attend on Monday.

The House was moved, “That the Order made Yesterday, for the proper Officer of the Board of Works to attend this House on Thursday next, might be read.”

The same was accordingly read, by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the proper Officer of the Board of Works do attend this House on Monday next, and bring with him the Plans for altering the Stairs and Entry to this House in the Year 1762.

Heddington, Enclosure Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for confirming Articles of Agreement, for dividing, allotting, and enclosing, the Common Field Lands within the Parish of Heddington, in the County of Wilts.”

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

It was Resolved in the Affirmative.

Michel’s Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for naturalizing Jean Pierre Michel”.

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 the Two preceding Bills.

A Message was sent to the House of Commons, by Mr. Greaves and Mr. Pechell:

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

Adjorn

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

Die Jovis, 27o Februarii.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Litch. & Cov. Comes Northington, Cancellarius. Ds. Botetourt.
Ds. Leigh.
Epus. Landav. Dux Beaufort. Ds. Delamer.
Dux Bolton. Ds. Trevor.
Dux Bridgewater. Ds. Masham.
Comes Suffolk. Ds. Ducie.
Comes Peterborow. Ds. Monson.
Comes Plimouth. Ds. Chedworth.
Comes Scarborough. Ds. Sandys.
Comes Coventry. Ds. Ravensworth.
Comes Abercorn. Ds. Ponsonby.
Comes Loudoun. Ds. Walpole.
Comes Marchmont. Ds. Lyttelton.
Comes Aylesford. Ds. Grosvenor.
Comes Hardwicke. Ds. Scarsdale.
Viscount Hereford. Ds. Boston.
Viscount Weymouth.
Viscount Courtenay.
Viscount Dudley & Ward.

PRAYERS.

Mutiny Bill.

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

With a Bill, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army, and their Quarters;” to which they desire the Concurrence of this House.

Thenford, Enclosure Bill.

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

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

His Majesty’s Advocate against M’Intosh.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Thomas Miller of Bar skimming Esquire, His Majesty’s Advocate, on Behalf of His Majesty; complaining of Three Interlocutors of the Lords of Session in Scotland, of the 4th of August 1761, the 27th of July, and 7th of December, 1763; 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 their Lordships should seem just “As also upon the Answer of Æneas M’Intosh put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the Interlocutors of the 4th of August 1761, and 7th of December 1763, be reversed; and that the Respondent’s Claim be dismissed: And it is further Ordered, That the Court of Session in Scotland do give all necessary and proper Directions for carrying this Judgement into Execution.

Kingsdown Hill, Road Bill.

A Message was brought from the House of Commons, by Sir Robert Long and others:

With a Bill, intituled, “An Act for enlarging the Terms and Powers of Two Acts, one of the Twelfth of King George the First, and the other of the Fourteenth of His late Majesty, for repairing the Road from Horsley Upright Gate to the Top of Kingsdown Hill, in the County of Wilts; and for amending several Roads near or adjoining to the said Road;” to which they desire the Concurrence of this House.

Steeple Aston Common, Bill.

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

With a Bill, intituled, “An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, within the Manor and Parish of Steeple Aston in the County of Oxford,” to which they desire the Concurrence of this House.

Godstone to East Grinstead, Road Bill.

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

With a Bill, intituled, “An Act for enlarging the Term and Powers of an Aft of the Fourth Year of His late Majesty, for repairing the Road from Godstone in the County of Surrey, to Highgate in the Parish of East Grinstead in the County of Sussex;” to which they desire the Concurrence of this House.

The said Three Bills were read a First Time.

Mutiny Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters,”

Thenford Common, Bill.

Hodie 1a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Common Fields, Common Pastures, Common Meadows, Common Grounds, and Waste Grounds, of and in the Manor and Parish of Thenford, [ (fn. 1) otherwise Fenford], in the County of Northampton.”

Heworth Common, Bill:

Hodie 3a vice lecta est Billa, intituled, “An Act for dividing and enclosing the Moor, Waste, or Common, in the several Townships, Villages, or Hamlets, of Upper Heworth and Nether Heworth, in the County of Durham.”

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by; Mr. Greaves and Mr. Pechell

To carry down the said Bill, and acquaint them, that the Lords have agreed to the same, with some Amendments; to which their Lordships desire their Concurrence.

Sir J. Chetwode’s Bill.

Hodie 2a vice lecta est Billa, intituled, “An Aft for vesting Part of the settled Estate of Sir John Chetwode Baronet in Trustees, to be fold, for discharging Encumbrances affecting the same.”

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

D. Beaufort. L. Bp. Litch. & Cov.
D. Bolton. Ld. Botetourt.
D. Bridgewater. L. B. Landaff. L. Leigh.
E. Suffolk. L. Delamer.
E. Peterborow. L. Trevor.
E. Plymouth. L. Ducie.
E. Scarborough. L. Sandys.
E. Abercorn. L. Lyttelton.
E. Marchmont.
E. Aylesford.
E. Hardwicke.
Vis. Hereford.
Vis. Weymouth.
Vis. Courtenay.
Vis. Dudley & Ward.

Their Lordships, or any Five of them; to meet on Friday the 14th Day of March next, at Ten o’clock in the Forenoon, in the Prince’s Lodgings near the House of Peers; and to adjourn as they please.

Adjourn.

Domious Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, tertium diem Martii jam prox. Sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Desunt in Original, vide Col, a. and p.288. b. 291. b. &c.