House of Lords Journal Volume 31: March 1766, 11-20

Die Martis, 11^oMartii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Winslow Common, Bill; His Majestys Consent to it signified.

The Duke of Grafton acquainted the House, That His Majesty, having been informed of the Purport of the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Township of Winslow, in the County of Bucks, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.

Land Tax Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for granting an Aid to His Majesty, by a Land Tax, to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-six.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Marine Forces, Re. gulation of, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Russia Cloth, Bills

Hodie 3^a vice lecta est Billa, intituled, An Act to remove a Doubt concerning such Part of an Act, made in the last Session of Parliament, as relates to the ascertaining the Duties upon the Importation of certain Linen Cloth of the Manufacture of Russia; and to obviate all Doubts with respect to the Importation of Tea under certain Licenses, authorized to be granted by an Act made in the Eighteenth Year of the Reign of His late Majesty.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Oswald & al. to qualify as Vice Treasurer of Ireland, Bill:

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Right Honourable James Oswald and the Right Honourable George Sackville, commonly called Lord George Sackville, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majestys Revenues in the Kingdom of Ireland, and to qualify themselves for the Enjoyment of the said Offices.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Bidford Common, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing a certain Open and Common Field, called Bidford Common Field, within the Parish of Bidford, in the County of Warwick,

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Kingsdown Hill Road, Bill:

Hodie 3^a vice lecta est Billa, 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.

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 Six preceding Bills.

A Message was sent to the House of Commons, by Mr. Edwards and Mr. Montague:

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

Aldcrofts Divorce, Bill:

Hodie 3^a vice lecta est Billa, 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.

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 the former Messengers:

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

Blagraves Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for vesting several Copyhold Estates of Ann Blagrave Widow and others in Trustees, to be fold; and for laying out the Money arising thereby in the Purchase of other Estates, to be settled to the same Uses to which the said Copyhold Estates stand limited, 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.

Wilson to enter into a Recognizance on Pringles Appeal.

The House being moved, That John Wilson may be permitted to enter into a Recognizance for Robert Pringle Enquire, on account of his Appeal depending in this House; he living in Scotland:

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

Dean and Chapter of Canterbury, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enable the Dean and Chapter of Canterbury to grant Leases of their Estate in the Parish of Saint Olave, Southwark.

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

Their Lordships, or any Five of them; to meet on Wednesday the 26th Day of this Instant March, at Ten oclock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please.

To regulate Pilots at Liverpool, Bill.

A Message was brought from the House of Commons, by Sir William Meredyth and others:

With a Bill, intituled, An Act for the better Regulation of Pilots, for the conducting of Ships and Vessels into and out of the Port of Liverpool; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

To secure the Dependency of America on Great Britain, Bill.

The Lord Delamer (according to Order) reported the Amendment made by the Committee of the whole House to the Bill, intituled, An Act for the better securing the Dependency of His Majestys Dominions in America upon the Crown and Parliament of Great Britain.

Which Amendment was read, by the Clerk, as follows; videlicet,

Press I, L. 5. After the Word [themselves], and before the Word [the], insert the Words [or to the General Assemblies of the same].

And the same, being read a Second Time by the Clerk, was agreed to by the House.

More Papers from America laid before the House.

The Duke of Grafton (by His Majestys Command) laid before the House,

Copy of a Letter from Francis Bernard Enquire, Governor of Massachusetts Bay, to the Lords of Trade, dated Boston, January 18th, 1766; enclosing,

Copy of the Journal of the House of Representatives of the Province of Massachusetts Bay, on the 15th and 16th Days of January, 1766.

Also, Copy of a Message of the House of Representatives of Massachusetts Bay, to Francis Bernard Enquire, Governor of the said Province, dated January 17th, 1766.

The said Papers were read by the Clerk.

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

Steeple Aston Common, Bill.

A Message was brought from the House of Commons, by Lord Charles Spencer and others:

To return the 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; and to acquaint this House, that they have agreed to the Amendment made by their Lordships to the said Bill.

Malling Street near Lewes, &c. Roads, Bill.

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

With a Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of King George the Second, for repairing the Roads from the North End of Malling Street near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash, and from the said Broil Park Gate to the Town of Batteil, in the said County; to which they desire the Concurrence of this House.

American Stamp Act, to repeal, Bill:

The Order of the Day being read, for the Second Reading of the 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 Expenses of defending, protecting, and securing the same; and for amending such Parts of the several Acts of Parliament, relating to the Trade and Revenue of the said Colonies and Plantations, as direct the Manner of determining and recovering the Penalties and Forfeitures therein mentioned.

The House was moved, That the Petition of the Merchants of the City of London, praying, That the said Bill may pass into a Law, might be read.

The said Petition was accordingly read by the Clerk.

Then the said Bill was read a Second Time.

And it being proposed, To commit the Bill;

The same was objected to.

After long Debate thereupon:

The Question was put, Whether this Bill shall be committed?

It was Resolved in the Affirmative.

Protect against committing it.

Dissentient.

1 st, Because, as this House has, in this Session, by several Resolutions, most solemnly asserted and declared, First, That the Kings Majesty, by and with the Advice and Content 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:Secondly, 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 Majestys Government, and in manifest Violation of the Laws and Legislative Authority of this Kingdom: Thirdly, That the said Tumults and Insurrections have been encouraged and inflamed by sundry Vote. and Resolutions passed in several of the Assemblies of the said Provinces, derogatory to the Honour of His Majestys Government, and destructive of the Legal and Constitutional Dependency of the said Colonies on the Imperial Crown and Parliament of Great Britain. Which Resolutions were founded on a full Examination of the Papers on our Table, manifesting a Denial of the Legislative Authority of the Crown and Parliament of Great Britain to impose Duties and Taxes on our North American Colonies, and a criminal Reference there made to the Execution of the Commercial and other Regulations of the Stamp Act, and of other Acts of Parliament: We are of Opinion, that the total Repealing of that Law, especially while such Refinance continues, would (as Governor Bernard says is their Intention) make the Authority of Great Britain contemptible hereafter; and that such a Submission of King, Lords, and Commons, under such Circumstances, in to strange and unheard-of a Contest, Would in Effect, surrender their ancient unalienable Rights of Supreme Jurisdiction, and give them exclusively to the subordinate Provincial Legislatures established by Prerogative, which was never intended or thought of, and is not in the Power of Prerogative to bellow, as they are inseparable from the Three Estates of the Realm bled in Parliament.

2dly, Because the Law, which this Bill now proposes to repeal, was passed in the other House with very little Opposition, and in this without One dissentient Voice, during the last Session of Parliament; which, we presume, if it had been wholly and fundamentally wrong, could not possibly have happened, as the Matter of it is so important, and as the Intention of bringing it in had been communicated to the Commons by the First Commissioner of the Treasury the Year before; and a Resolution, relating and preparatory to it, was then agreed to in that House, without any Division.

3dly, Because, if any particular Parts of that Law, the Principle of which has been experienced and submitted to in this Country, without repining, for near a Century part, had been found liable to just and reasonable Objections, they might have been altered by a Bill to explain and amend it, without repealing the Whole: And, if any such Bill had been sent to us by the Commons, we should have thought it our Duty to have given it a most serious Consideration, with a warm Desire of relieving our Country-men in America from any Grievance or Hardship; but with proper Care to enforce their Submission and Obedience to the Law so amended, and to the whole Legislative Authority of Great Britain, without any Reserve or Distinction whatsoever.

4thly, Because it appears to us, that a most essential Branch of that Authority, the Power of Taxation, cannot be properly, equitably, or impartially exercised, if it does not extend itself to all the Members of the State, in Proportion to their respective Abilities, but suffers a Part to be exempt from a due Share of those Burdens which the publick Exigencies require to be imposed n the Whole: A Partiality which is directly and manifestly repugnant to the Traft reposed by the People in every Legislature, and destructive of that Confidence on which all Government is founded.

5thly, Because the Ability of our North American Colonies to bear, without Inconvenience, the Proportion laid on them by the Stamp Act of last Year, appears to us most unquestionable, for the following Reasons: First, That the estimated Produce of this Tax, amounting to Sixty Thousand Pounds per Annum, if divided amongst Twelve Hundred Thousand People (being little more than One Half of the Subjects of the Crown in North America), would be only One Shilling per Head a Year; which is but a Third of the Wages usually paid to every Laborer or Manufacturer there for One Days Labour. Secondly, That it appears, by the Accompts which have been laid before this House from the Commissioners of Trade and Plantations, that, of the Debt contracted by those Colonies in the last War, above .1,750,000. has already been discharged, during the Course of Three Years only, by the Funds provided for that Purpose in the several Provinces; and the much greater Part of the remaining Encumbrance, which, in the Whole, is about Seven Hundred and Sixty Thousand Pounds, will be paid in Two Years more. We must likewise observe, that the Bounties and Advantages given to them by Parliament in 1764 and 1765, and the Duties thereby loft to Great Britain for their Sake, and in order to enable them the more easily to pay this Tax, must necessarily amount in a few Years to a far greater Sum than the Produce thereof. It is also evident that, such Produce being wholly appropriated to the Payment of the Army maintained by this Kingdom in our Colonies, at the vast Expense of almost a Shilling in the Pound Land Tax, annually remitted by us for their special Defense and Protection, not only no Money would have been actually drawn by it out of that Country, but the Ease given by it to the People of Great Britain, who are laboring under a Debt of Seventy Millions, contracted by them to support a very dangerous War, entered into for the Interest and Security of those Colonies, would have redounded to the Benefit of the Colonies themselves, in their own immediate Safety, and by contributing to deliver them from the necessary Expense which many of them have hitherto always borne, in guarding their Frontiers against the savage Indians.

6thly, Because not only the Right, but the Expediency and Necessity, of the Supreme Legislatures exerting its Authority to lay a general Tax on our American Colonies, whenever the Wants of the Publick make it fitting and reasonable that all the Provinces should contribute, in a proper Proportion, to the Defense of the Whole, appears to us undeniable, from these Considerations: First, That, every Province being separate and independent on the others, and having no common Council empowered by the Constitution of the Colonies to aft for all, or bind all, such a Tax cannot regularly, or without infinite Difficulty, be imposed upon them at any Time, even for their immediate Defense and Protection, by. their own Provincial Assemblies; but requires the Intervention and Superintending Power of the Parliament of Great Britain. Secondly, That, in looking forwards to the possible Contingency of a new War, a Contingency perhaps not far remote, the Prospect of the Burdens which the Gentry and People of this Kingdom must then sustain, in Addition to those which now lie so heavy upon them, is so melancholy and dreadful, that we cannot but feel it a most indispensable Duty to ease them as much as is possible, by a due and moderate Exertion of that great Right which the Constitution of this Realm has veiled in the Parliament, to provide for the Safety of all, by a proportional Charge upon all, equally and indifferently laid. We likewise apprehend, that a partial Exemption of our Colonies from any Exercise of this Right, by the British Legislature, would be thought so invidious, and so unjust to the other Subjects of the Crown of Great Britain, as to alienate the Hearts of these from their Countrymen residing in America, to the great Detriment of the latter; who have, on many Occasions, received, and may again want, Assistance from the generous Warmth of their Affection.

7thly, Because the Reason assigned in the publick Resolutions of the Provincial Assemblies, in the North American Colonies, for their disobeying the Stamp Act, videlicet, That they are not represented in the Parliament of Great Britain, extends to all other Laws, of what Nature so ever, which that Parliament has enacted, or (hall enact, to bind them in Times to come; and must (if admitted) set them absolutely free from any Obedience to the Power of the British Legislature. We likewise observe, that, in a Letter to Mr. Secretary Conway, dated the 12th of October 1765, the Commander in Chief of His Majestys Forces in North America has declared his Opinion, That the Question is not of the Inexpediency of the Stamp Act, or of the Inability of the Colonies to pay the Tax; but that it is unconditional, and contrary to their Rights, supporting the Independency of the Provinces, and not subject to the Legislative Power of Great Britain, It is moreover affirmed, in a Letter to Mr. Conway, dated the 7th of November, That the People in general are averse to Taxes of any Kind; and that the Merchants in that Place think they have a Right to every Freedom of Trade which the Subjects of Great Britain now enjoy. This Opinion of theirs strikes directly at the Act of Navigation, and other subsequent Laws, which, from Time to Time, have been made on the wise Policy of that Act. And, should they ever be encouraged to procure for themselves that absolute Freedom of Trade which they appear to desire, our Plantations would become not only of no Benefit, but in the highest Degree prejudicial to the Commerce and Welfare of their Mother Country. Nor is it easy to conceive a greater Encouragement than the repealing of a Law opposed by them on such Principles, and with so much Contempt of the Sovereignty of the British Legislature.

8thly, Because the Appearance of Weakness and Timidity in the Government and Parliament of this Kingdom, which a Concession of this Nature may too probably carry with it, has a manifest Tendency to draw on further Insults; and, by lessening the Respect of all His Majestys Subjects to the Dignity of His Crown and Authority of His Laws, throw thewhole British Empire into a miserable State of Confusion and Anarchy, with which it seems by many Symptoms to be dangerously threatened: And this is. the more to be feared, as the Plea of our North American Colonies, That, not being represented in the Parliament of Great Britain, they ought not to pay Taxes imposed or levied upon them by the Authority thereof, may, by the same Reasoning, be extended to all Persons in this Island who do not actually vote for Members of Parliament. Nor can we help apprehending that the Opinion of some Countenance being given to such Notions by the Legislature itself, in consenting to this Bill for the Repeal of the Stamp Act, may greatly promote the Contagion of a most dangerous Doctrine, destructive to all Government, which has spread itself over all our North American Colonies, That the Obedience of the Subject is not due to the Laws and Legislature of the Realm, further than he, in his private Judgment, shall think it conformable to the Ideas he has formed of a free Constitution.

9thly, Because we think it no effectual Guard or Security again it this Danger, that the Parliament has declared, in the Resolutions of both Houses, passed during this Session, and now reduced into a Bill, that such Notions are ill-founded; as Men will always look more to Deeds than Words, and may therefore incline to believe that, the Insurrections in our Colonies, excited by those Notions, having so far proved successful as to attain the very Point at which they aimed, the immediate Repeal of the Stamp Act, without any previous Submission on the Part of the Colonies, the Legislature has, in Fact, submitted to them; and has only more grievously injured its own Dignity and Authority, by verbally asserting that Right which it substantially yields up to their Opposition. The Reasons assigned for this Concession render it still more alarming, as they arise from an illegal and hostile Combination of the People in America to distress and starve our Manufacturers, and to with-hold from our Merchants the Payment of their just Debts; the former of which Measures has only been practiced in open War between Two States; and the latter, we believe, not even in that Situation, either by the Publick or by Individuals, among the Civilized Nations of Europe, in modern Times. If this unprecedented Plan of Intimidation shall meet with Success, it is easy to foresee that the Practice of it, for other and still greater Objects, will frequently be renewed; and our Manufacturers and Merchants reduced to the like and more permanent Distress. We cannot therefore but wish that some more eligible Method, consistent with their future Safety and our Dignity, had been taken by Parliament, to shew our tender Concern and Companion for their Sufferings, and to discourage any other such unwarrantable Attempts; which, we are fully persuaded, would have been very practicable, with due Care and Attention, and at an Expense very inferior to the Importance of the Object.

Lastly, Because we are convinced, from the unanimous Testimony of the Governors, and other Officers of the Crown, in America, that if, by a most unhappy Delay and Neglect to provide for the due Execution of the Law, and arm the Government there with proper Orders and Powers, repeatedly called for in vain, these Disturbances had not been continued and increased, they might easily have been quieted before they had attained to any dangerous Height: And we cannot, without feeling the most lively Sense of Grief and Indignation, hear Arguments, drawn from the Progress of Evils, which should and might have been stopped in their first and feeble Beginnings, used for the still greater Evil of sacrificing, to a present Relief, the highest permanent Interacts, and the whole Majesty, Power, and Reputation, of Government. This afflicts us the more deeply, because it appears, from many Letters, that this Law, if properly supported by Government, would, from the peculiar Circumstances attending the Disobedience to it, execute itself without Bloodshed. And it is said, in one of the Letters to Mr. Secretary Conway, That the principal View is to intimidate the Parliament; but that, if it be thought prudent to enforce their Authority, the People dare not oppose a vigorous Resolution of the Parliament of Great Britain. That vigorous Resolution has not yet been found in the Parliament and we greatly fear that the Want of it will certainly produce One of these Two fatal Consequences; either that the Repeal of this Law will, in Effect, annul and abrogate all other Laws and Statutes relating to our Colonies, and particularly the Acts that restrain or limit their Commerce, of which they are most impatient or, if we should hereafter attempt to enforce the Execution of those Laws against their Will, and by virtue of an Authority which they have dared to insult with Impunity and Success, that Endeavour will bring upon us all those Evils and Inconveniencies, to the Fear of which we now sacrifice the Sovereignty of the Realm; and this at a Time when the Strength of our Colonies, as well as their Desire of a total independence on the Legislature and Government of their Mother Country, may be greatly augmented and when the Circumstances and Dispositions of the other Powers of Europe may render the Contest far more dangerous and formidable to this Kingdom.

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, on Thursday next.

Ordered, That all private Committees which stand appointed for Tomorrow be put off to Thursday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Jovis, decimum tertium diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 13^o Martii.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Window Common, Bill.

The Lord Botetourt reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Township of Winslow, in the County of Bucks, 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.

Shillington Common, Bill.

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, An Act for enclosing and dividing the Common Waste Grounds, Open Fields, Open Meadow Ground, and Ings, within the Parish of Shillington, in the County of York, was committed.

D. of Bridgewaters, Navigation, Bill.

The Lord Sandys also reported from the Lords Committees to whom the Bill, intituled, An Act to enable the most Noble Francis Duke of Bridgewater to extend a Branch of his Navigable Cut, or Canal, upon Sale Moor in the County of Chester, to the Market Town of Stockport in the said County, 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.

B. Verley Road, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for repairing and widening the Road from Beverley, by Molscroft, to Kendell-house, and from Molscroft to Bainton Balk, in the County of York, was committed.

Mrs. Blagraves Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for vesting several Copyhold Estates of Ann Blagrave Widow and others in Trustees, to be fold; and for laying out the Money arising thereby in the Purchase of other Estates, to be settled to the same Uses to which they said Copyhold Estates stand limited.

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. Montague and Mr. Cudden:

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

Malling Street near Lewes, Road, Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of King George the Second, for repairing the Roads from the North End of Malling Street near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash, and from the said Broil Park Gate to the Town of Battell in the said County.

E. Powis & al. Leave for a Bill:

After reading, and considering, the Report of the Judges to whom was referred the Petition of the Earl and Countess of Powis; 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 lead.

Hodie 1^a vice lecta est Billa, intituled, An Act for vesting the Mansion House of the Earl and Countess of Powis, in Albemarle Street, now settled on them and their Issue, in Trustees, to sell the same; and to lay out the Money arising by such Sale in the Purchase of Lands and Hereditaments, to be settled to the like Uses.

Brice to take the Name of Kingsmill, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for enabling Robert Brice Enquire and his Heirs to take and use and bear the Arms of Kingsmill.

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

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

Haselor, Walcot, &c. Commons, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Common Meadows, and Commonable Lands, and Grounds, of and in the Manors of Hasilor and Walcot, and of and in the Manor of Upton Hasilor, in the Parish of Haselor, in the County of Warwick; to which they desire the Concurrence of this House.

St. Botolphs Aldgate Poor, Bill.

A Message was brought from the House of Commons by Mr. Alderman Harley and others:

With a Bill, intituled, An Act for the better maintaining, regulating, and employing, the Poor within the Parish of Saint Botolph Aldgate, in the City of London; to which they desire the Concurrence of this House.

Doncaster, Feny Budge, &c. Rods, Bill.

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

With a Bill; intituled, An Act to enlarge and continue the Term and Powers granted by an Act passed in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Roads from Doncaster, through Ferry Bridge, to the South Side of Tadcaster Cross, and also from Ferry Bridge to Weatherby, and from thence to Borough Bridge, in the County of York, as to so much of the said Act as relates to the said Roads from Doncaster, through Ferry Bridge, to the South Side of Tadcaster Cross; to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Liverpool Pilot, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better Regulation of Pilots, for the conducting of Ships and Vessels into, and out of, the Port of Liverpool.

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

To secure the Dependency of America on Great Britain, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the better securing the Dependency of His Majestys Dominions in America upon the Crown and Parliament of Great Britain.

The Question was put, Whether this Bill, with the Amendment, 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 the former Messengers:

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

Cuddington Common, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing the Commons, or Waste Grounds, called Cuddington or Bryn Common, in the Township of Cuddington, within the Parish of Weverham Bryn, in the County of Chester; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

American Stamp Act, to repeal, Bill.

The Order of the Day being read, for the House to be in a Committee on the Bill, intituled, An Act to repeal an Act made in the last Session of Parliament, intituled, An Act to granting and applying certain Stamp Duties, and other Duties, in the British Colonies and Plantations in America, towards further defraying the Expenses 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.

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

After some Time, the House was resumed.

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

Ordered, That the said Bill be read the Third Time, on Monday next; and the Lords to be summoned.

Causes put off.

Ordered, That the Cause wherein the Lady Mary Herbert is Appellant, and the Earl of Powis and others are Respondents, which stands appointed to be heard tomorrow, be put off till Wednesday next: and that the rest of the Causes be removed in Course.

More Papers relating to America delivered.

The Marquis of Rockingham laid before the House, pursuant to an Address to His Majesty, more Accounts from the Commissioners of (fn. 1) Stamps relating to the Tumults in America:

Customhouse, 8th March, 1766.

Mr. Freemantle, with Copies of Letters, &c. videlicet,

Copy of a Letter from John Temple Enquire, Surveyor General at Boston, to the Commissioners of Customs, 23d December 1765.

Copy of a Letter from the Collector and Comptroller at Boston, to the said Commissioners, 20th December 1765.

Copy of a Letter from Mr. Stewart, Collector at New London, to Mr. Temple, Surveyor General, 19th December 1765.

Copies of Nine Papers, said to be enclosed in Mr. Temples Letters of 23d December 1765.

And the same being read by the Clerk:

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

Fisherwike Park Road &c. Bill.

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

With a Bill, intituled, An Act for discontinuing the Use of several Roads leading into and over Fisherwick Park, in the County of Stafford; and for building and maintaining a publick Bridge cross the River Tame, at or near Elford Mill Ford in the said County; and for repairing, and keeping in Repair, the Road from such. Bridge to Hademore Gate, in the Road leading through Whittington to hitchfield; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Private Committee put off.

Ordered, That all private Committees which stand appointed for Tomorrow be put off till Monday next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in diem Lun, decimum septimum diem instantis Martii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 17^o Martii.

Domini tam Spirituales quam Temporales prsentee fuerunt:

PRAYERS.

Message from H. C. to return Mathews Divorce Bill.

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

To return the Bill, intituled, An Act to dissolve the Marriage of John Mathews with Ann Mathews his now Wife, and to enable him to marry again; and for other Purposes therein mentioned; and to acquaint this House, that they have agreed to the same, without any Amendment.

Folkestone Church &c. Brill.

A Message was brought from the House of Commons; by the Lord Coleraine and others:

With a Bill, intituled, An Act for the Support and Preservation of the Parish Church of Folkestone, and the lower Part of the Town of Folkestone, in the County of Kent; to which they desire the Concurrence of this House·

The said Bill was read the First Time.

Message from H. C. to return the Bill for securing the Dependency of America on Great Britain.

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

To return the Bill, intituled, An Act for the better securing the Dependency of His Majestys Dominions in America upon the Crown and Parliament of Great Britain; and to acquaint this House, that they have agreed to the Amendment made by their Lordships to the said Bill.

Bawtry to Markham Common, &c. Road, Bill.

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

With a Bill, intituled, An Act for repairing and widening the Road from Bawtry in the County of York, to East Markham Common in the County of Nottingham; and from Little Drayton to Twiford Bridge, in the said County; to which they desire the Concurrence of this House·

Little Horwood Compion, 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 Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Parish of Little Horwood, in the County of Bucks; to which they desire the Concurrence of this House.

Chelsea to Battersea, Bridge Bill.

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

With a Bill, intituled, An Act for building a Bridge cross the River Thames, from Battersea in the County of Surrey, to Chelsea in the County of Middlesex; to which they desire the Concurrence of this House.

The said Three Bills were read the First Time.

Liverpool Pilots, Bill.

The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for the better Regulation of Pilots, for the conducting of Ships and Vessels into and out of the Port of Liverpool, 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.

Godstone to East Granstead, Road Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for enlarging the Term and Powers of an Act 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, was committed.

Blice to take the Name of Kingsmill, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for enabling Robert Brice Enquire and his Heirs, to take and use the Name and bear the Arms, of Kingsmill, was committed.

Ordered, That the said Bill be engrossed.

Waltham Common, Bill.

The Lord Bishop of Landaff reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Waltham, otherwise Waltham in the Wolds, in the County of Leicester, 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.

Branstone Enclosure, Bill.

The Lord Bishop of Landaff also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Braunston, otherwise Branston, in the County of Leicester, was committed.

Croxton Enclosure, Bill.

The Lord Bishop of Landaff also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Croxton, otherwise Croxton Kerial, in the County of Leicester, was committed.

Window Common, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Township of Winslow, in the County of Bucks.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Stillington Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for enclosing and dividing the Common Waste Grounds, Open Fields, Open Meadow Ground, and Ings, within the Parish of Stillington, in the County of York.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

D. of Bridgewaters Navigation, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act to enable the most Noble Francis Duke of Bridgewater to extend a Branch of his Navigable Cut, or Canal, upon Sale Moor in the County of Chester, to the Market Town of Stockpot in the said County.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative:

Beverley to Bainton Balk, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from Beverley by Molscroft to Kendell-house, and from Molscroft to Bainton Balk, in the County of York.

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

It was Resolved in the Affirmative.

Liverpool Pilots, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for the better Regulation of Pilots, for the conducting of Ships and Vessels into and out of the Port of Liverpool.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Godstone to East Gunstead, Road Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for enlarging the Term and Powers of an Act 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.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Croxton Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Croxton, otherwise Croxton Kerial, in the County of Leicester.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Waltham Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Waltham, otherwise Waltham in the Wolds, in the County of Leicester.

The Question was put, Whether this Bill shall pass?

It was Resolved in the Affirmative.

Braunston Enclosure, Bill:

Hodie 3^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Braunston, otherwise Branston, in the County of Leicester.

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 Nine preceding Bills.

And Messages were severally sent to the House of Commons; by Mr. Montague and Mr. Cudden:

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

St. Botolphs Aldgate, Poor Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the better maintaining, regulating, and employing, the Poor within the Parish of Saint Botolph, Aldgate, in the City of London.

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

Their Lordships, or any Five of them; to meet on Wednesday next, at Ten oClock in the Forenoon, in the Princes Lodgings near the Houseof Peers; and to adjourn as they please.

E. of Powiss Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting the Mansion-house of the Earl and Counters of Powis in Albemarle Street, now settled on them and their Issue, in Trustees, to sell the same; and to lay out the Money arising by such Sale in the Purchase of Lands and Hereditaments, to be settled to the like Uses.

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

Their Lordships, or any Five of them, to meet on the First Day of Meeting after the Recess at Easter, at the usual Time and Place; and to adjourn as they please.

Malling Street, near Lewes, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge the Term and Powers of an Act, made in the Twenty-fifth Year of King George the Second, for repairing the Roads from the North End of Malling Street near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from the Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash; and from the said Broil Park Gate to the Town of Battell, in the said County.

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

Haselor Enclosure, Bill.

Hdie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Common Meadows, and Commonable Lands and Grounds, of and in the Manors of Haselor and Walcot, and of and in the Manor of Upton Haselor in the Parish of Haselor, in the County of Warwick.

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

Doncaster Ferry Bridge, &c. Roads, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to enlarge and continue the Term and Powers granted by an Act passed in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, An Acor repairing the Roads from Doncaster through terry Bridge, to the South Side of Tadcaster Cross, and also from Ferry Bridge to Weatherby, and from thence to Borough Bridge in the County of York; as to so much of the said Act as relates to the said Roads from Doncaster, through Ferry Bridge, to the South Side of Tadcaster Cross.

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

Fisherwick Park, Road Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for discontinuing the Use of several Roads leading into and over Fisherwick Park, in the County of Stafford; and for building and maintaining a Publick Bridge cross the River Tame, at or near Elford Mill Ford, in the said County; and for repairing and keeping in Repair the Road from such Bridge to Hademore Gate, in the Road leading through Wittington to Litchfield.

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

American Stamp Act, to repeat, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to repeal an Act, made in the last Session of Parliament, intituled, An Act for granting and applying cer tain Stamp Duties, and other Duties, in the British Colonies and Plantations in America, towards further defraying the Expenses of defending, protecting, and securing, the same; and for amending such Parts of the several Asts of Parliament relating to the Trade and Revenues of the said Colonies and Plantations, as direct the Manner of determining and recovering the Penlties and Forfeitures therein mentioned.

After Debate;

The Question was put, Whether this Bill shall pass ?

It was Resolved in the Affirmative;

Protest against it.

Dissentient.
1st, Because we think, that the Declatory Bill, we passed last Week, cannot possibly obviate the growing Mischiefs in America, where it may seem calculated only to deceive the People of Great Britain, by holding forth a delusive and nugatory Affirmance of the Legislative Right of this Kingdom, whilst the Enacting Part of it does no more than abrogate the Resolutions of the House of Representatives in the North American Colonies, which have not in them selves the least Colour of Authority; and declares that, which is apparently and certainly criminal, only null and void.
2dly, Because the particular Objections, which have been made to the Stamp Act in North America, and which have been adopted in the Course of the Debates upon this Bill for repealing it, are in Fact contradicted by undeniable Evidence upon our Table; it having been urged, Firs, That all the Money to be collesed by this Tax was to be annually remitted hither; and that the North American Colonies would thereby be drained of all their Specie; and, Secondly, That the Insitution of Vice Admiralty Courts in those Colonies; for the Recovery of Penalties upon Revenue Laws, without Juries, is a novel Practice, by Means of which His Majestys Subjects in those Dominions would be deprived of One of their most valuable Liberties, Trials by Juries, and in this respect di distinguished from their Fellow Subjects in Great Britain, and would likewise be liable to the greatest Inconvenience, Vexation, and Injustice, through the Option left to any Prosecutor to call them from one End of that extensive Continent to the other; and through the Temptation to the Judge to condemn rather than to acquit, from his being paid by Poundage of the Condemnation-money. Whereas, with regard to the First of these Objections, it appears by the Minute of the late Board of Treasury laid before this House, and dated on the 9th Day of July last; that the fullest Directions had been seot to the several Officers of the Revenue, That, in order to obviate the Inconvenience of bringing into this Kingdom the Money to be raised by the Stamp Duties, all the Produce of the American Duties, arising or to arise by virtue of any British Act of Parliament, should from Time to Time, be, paid to the Deputy Pay master in America, to defray the Subsistence of the Troops, and any Military Expenses incurred in the Colonies; and with regard to the Second Objection, it is manifest, from sundry Asts of Parliament, that a Jurisdiction has been assigned to the Judges of those Courts, for the Recovery of Penalties upon the Laws of Revenue and of Trade, without Juries, for near a Century past, from the Consideration (as we appre hend) that in some of the Colonies they are the only Judges not elected by the People: And so far is it from being true, that the Subjects in North America, by being deprived in these Cases of Trials by Juries, were in that respect distinguished from their Fellow Subjects in Great Britain; that, in this very Instance of the Stamp Duties the Penalties, which by the American Stamp Act were made recoverable without a Jury before a Judge of the Vice Admiralty Court, are, by the Laws now in Force for collecting the Stamp Duties in Great Britain, recoverable also with out a Jury before Two Justices of the Peace, with the like Powers in both Cases which we earnestly with were not still more necessary for the Collection of the Publick Revenue in America than in Great Britain, and which we should be most deslrous, if possible, to alleviate in both Countries. With this View, and to take away all just Occasion for Discontent, we were very glad to find, by the Representation from the late Commissioners of the Treasury to His Majesty in Council, dated on the 4th Day of July last, that the strictest Attention had been given by that Board to prevent the Inconvenience and Injustice above-mentioned, by a Plan to establish Three dis serent Courts of Vice Admiralty at the most convenient Places, with proper Districts annexed to each, and to give the Judges sufficient and honourable Salaries in Lieu of all Poundage and Fees whatsoever; but we cannot observe without the highest Concern and Surprize, that this Representation, founded upon a Clause inserted In the Stamp Act for this very Purpose, and expressly calculated to relieve His Ma jestys Subjects in North America from many unnecessary Hardships and Oppressions to which they are now liable by many other Laws still subsisting, should be totally disregarded for several Months, and be suffered to remain unexecuted in every Part of it, even to this Day, and that no Notice whatever should be taken, in any of the Dispatches from the present Administration to the Governors of the Colonies in North America, of the timely Care which had been employed to obviate the Objections raised on both those Heads, especially as it is no torious that the Measures to be pursued in Consequence of that Minute and Representation had been fully opened and approved in Parliament, at the Time when the Stamp Act was proposed, and as the total Neglect of it has given Occasion to great Cla mour and Dissatisfastion in the Colonies: We can not help further observing, that, as the Stamp Act was not to take Place till the First of November, if the Parliament had been called early, their Determinations either for enforcing or repealing that Law would probably have delivered the Merchants and Manufacturers here from all the Difficulties and Distress to which they have been for so many Months exposed; nor would the Disorders in America, where all Government is prostrate, have risen to so great a Height, or taken so deep a Root.
3dly, Because the Argument which has been used in Favour of this Bill of Repeal, that the Experiment of the Stamp Act has been tried and has sailed, is extremely ill-founded; as it manifestly appears, from the whole Tenor of the Papers laid before us, that, if this Experiment had been properly tried, with the same Zeal for its Success with which it was first proposed, it would not (fn. 2) have failed in any of the Colonies; and that this was the Opinion of the greater Part of the Governors in North America, and of many of the most intelligent and respectable Persons in those Provinces, for some Time after this Act was passed, is evident beyond a Doubt, from the Letters of the former now upon our Table, and from the latter having applied for and accepted the Office of Distributor of the Stamps under that Act, which they certainly would not have done, and thereby have exposed their Lives and Fortunes to the Violence and Outrages which they have since undergone, if they had then thought the Success of this Measure in any Degree precarious; nor have we heard of any lmpracticability attending this Law in Jamaica and Barbadoes, and some other of the West India Islands, or in those of our Colonies in North America where it has been executed.

4thly, Because a Precedent of the Two Houses of Parliament lending their Power, from Motives Of Fear, or Impatience under a present Uneasiness, to over turn in One Month a Plan of Measures, undertaken with their warmest Approbation and Concurrence, after the most mature Deliberation of Two Years together, for the Improvement of our Revenue, and the Relief of our People, will effectually discourage all Officers of the Crown in America from doing their Duty, and executing the Laws of this Kingdom, and is enough to deter future Ministers, in any Circumstances of Distress or Danger to their Country, from opposing their Fortitude and Zeal for the Service of the Publick, to strong Combinations of private and particular Interests, to the Clamour of Multitudes, or to the Malice of Factions; which must necessarily bring on such a Weakness and Pusillanimity in the Administration of Government, as will soon end in the Downsall and Ruin of the State.
Lastly, Because the Repeal of this Law, under the present Circumstances, will, we fear, not only surrender the Honour and essential Interests of the Kingdom, now and for ever, both at Home and Abroad, but will also deeply affect the fundamental Principles of our Constitution; for, if we pass this Bill again ft our Opinion, from the Threats and Compulsion publickly avowed in our Colonies, and enforced by the most unjustifiable Means within Great Britain, we disclaim that Legislative Authority over the Subjects which we own ourselves unable to maintain. If we give our Consent to it here, without a full Conviction that it is light, merely because it has passed the other House, by declining to do our Duty on the most important Occasion which can ever present itself, and where our Interposition, for many obvious Reasons, would be peculiarly proper; we, in Effect, annihilate this Branch of the Legislature, and vote ourselves useless: Or if, by passing this Bill, we mean to justify those who in America, and even in Great Britain, have treated a Series of British Acts of Parliament as so many Acts of Tyranny and Oppression which it is scarcely criminal to resist, or those Officers of the Crown, who, under the Eye, and with the Knowledge of Government, have taken upon themselves, whilst the Parliament was fitting, without its Consent, to suspend the Execution of the Stamp Act, by admitting Ships from the Colonies with unstamped Clearances to an Entry, in direct Violation of it, which, from the Papers upon our Table, appears to have been done; we shall then give our Approbation to an open Breach of the First Article of that great Palladium of our Liberties, the Bill of Rights; by which it is declared, That the pretended Power of suspending of Laws, or the Exe cution of Laws, by Regal Authority, without Consent of Parliament, is illegal. Lastly, if we ground our Proceedings upon the Opinion of those who have contended in this House, that, from the Constitution of our Colonies, they ought never to be taxed, even for their own immediate Defence; we fear that such a Declaration, by which near a Fifth Part of the Subjects of Great Britain, who, by the Acts of Parliament to restrain the Pressing of Seamen in America are already exempted from furnishing Men to our Navy, are to be for ever exempted from contributing their Share towards their own Support in Money likewise, will, from the flagrant Partiality and Injustice of it, either depopulate this Kingdom, or shake the Basis of Equality, and of that original Compact, upon which every Society is founded; and, as we believe that there is no Instance of such a permanent Exemption of so large a Body of the Subjects of any State, in any History, ancient or modern. We are extremely apprehensive of the fatal Consequences of this unhappy Measure; to which, for these Reasons; in Addition to those contained in the Process of the Eleventh of this Month, our Duty to the King, and Justice to oar Country, oblige us to enter this, our solemn Dissent.

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

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

Adjourn.

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

Die Martis, 18^o Martii.

REX.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The Kins present

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State (the Lords being in their Robes); commanded the Gentleman Usher of the Black Rod to let the Commons know, It is His Majesty s Pleasure, they attend Him immediately, in this House

Who being come, with their Speaker;

He, after a short Speech in relation to the Money Bills to be passed, delivered them to the Clerk, who brought them to the Table; where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (videlicet,)

Bills passed.

1. An Act for granting an Aid to His Majesty, by a Land Tax to be raised in Great Britain, for the Service of the Year One Thousand Seven Hundred and Sixty-Six.

2. An Act to remove a Doubt concerning such Part of an Act, made in the last Session of Parliament, as relates to the ascertaining of the Duties upon the Importation of certain Linen Cloth of the Manufacture of Russia; and to obviate all Doubts with respect to the Importation of Tea, under certain Licenses, authorized to be granted by an Act made in the Eighteenth Year of the Reign of His late Majesty.

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words, videlicet,

Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult.

3. An Act for the better Securing the Dependency of His Majestys Dominions in America upon the Crown and Parliament of Great Britain.

4. 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 Expenses 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 there in mentioned.

5. An Act for punishing Mutiny and Desertion; and for the better Payment of the Army and their Quarters.

6. An Act for the Regulation of His Majestys Marine Forces while on Shore.

7. 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 damped 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.

8. 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.

9. An Act for enlarging the Term and Powers of an Act 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.

10. An Act for repairing and widening the Road from Beverley by Molscroft to Kendell-house, and from Molscroft to Bainion Balk, in the County of York.

11. An Act for the better Regulation of Pilots, for the conducting of Ships and Vessels into and out of the Port of Liverpoole.

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

Le Roy le veult.

12. An Act to enable the Right Honourable sames Oswald and the Right Honourable George Sackville, commonly called Lord George Sackville, to take, in Great Britain, the Oath of Office, as Vice Treasurer and Receiver General and Paymaster General of all His Majestys Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices.

13. 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.

14. 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.

15. 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.

16. An Act for dividing and enclosing the Open Commons, Common Fields, Meadows, and Grounds, lying in the Hamlet of Maugersbury, in the Parish of Stow on the Wold, in the County of Gloucester

17. 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.

18. 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.

19. An Act for dividing and enclosing a certain Open and Common Field, called Bidford Common Field, within the Parish of Bidford, in the County of Warwick.

20. 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.

21. An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Waltham, otherwise Waltham in the Wolds, in the County of Leicester.

22. An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Braunston, otherwise Branston, in the County of Leicester.

23. An Act for dividing and enclosing the Open Arable Fields and Common Pastures within the Parish of Croxton, otherwise Croxton Ketial, in the County of Leicester,

24. An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Township of Winslow, in the County of Bucks.

25. An Act for enclosing and dividing the Common waste Grounds, Open Fields, Open Meadows, Grounds, and Ings, within the Parish of Stillington, in the County of York

26. An Act to enable the most Noble Francis Duke of Bridgewater to extend a Branch of his Navi gable Cut, or Canal, upon Sale Moor in the County of Chester, to the Market Town of Stockport in the said County.

27. An Act to dissolve the Marriage of John Mathews with Ann Mathews his now Wise; and to enable him to marry again; and for other Purposes therein mentioned,

28. An Act for naturalizing Jean Piere Michel,

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (videlicet,)

Soit salt comme il est desire,

Then His Majesty was pleased to retire

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Little Hor wood Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Open and Common Fields, Common Pastures, Common Meadows, Common Grounds, and Commonable Lands, in the Parish of Little Horwood, in the County of Bucks,

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

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

Beddington by Enclosure, Bill.

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

With a Bill, intituled, An Act for dividing and enclosing certain Open and Common Fields in the Manor and Parish of Keddington, in the County of Lincoln; to which they desire the Concurrence of this House.

Bessingby Enclosure, Bill.

A Message Was brought from the House of Commons, by Sir George Saville and others:

With a Bill, intituled, An Act for dividing and enclosing the Open Fields, Grounds, and Wastes, within the Township or Parish of Bessingby, in the County of York, to which they desire the Concurrence of this House.

The said Two Bills were read the First Time.

Chelsea to Battersea, Bridge Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for building a Bridge cross the River Thames, from Battersea in the County of Surrey, to Chelsea in the County of Middlesex.

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

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

Bawtry to East Markham Common, Bills

Hodie 2^a vice lecta est Billa, intituled, An Act for repairing and widening the Road from Bawtry in the County of York, to East Markham Common in the County of Nottingham, and from Little Drayton to Twiford Bridge in the said County.

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

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

Folkestone Church, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for the Support and Preservation of the Parish Church of Folkestone, and the lower. Part of the Town of Folkestone, in the County of Kent

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

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

Cudaington Enclosure, Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for dividing and enclosing the Commons or Waste Grounds called Cuddington or Bryn Common, in the Township of Cuddington with Bryn, in the Parish of Weverham, in the County of Chester.

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.

Douglas against D of Hamilton.

Upon reading the Petition and Appeal of Archibald Douglas of Douglas Esquire, and his Curators or Guardians; complaining of Four Interlocutors of the Lords of Session in Scotland, of the 14th of December 1762;

27th of July 1763; 19th of December 1765; and 8th of March 1766; and praying, That the same may be reversed, varied, or altered; or that the Appellants may have such other Relies in the Premises as to this House in their Lordships great Wisdom shall seem meet; and that George sames Duke of Hamilton, Lord Douglas Hamilton, and their Tutors and Guar dians, may be required to answer the said Appeal:

It is Ordered, That the said George sames Duke of Hamilton, Lord Douglas Hamilton, and their Tutors and Guardians, may have a Copy of the said Appeal; and do put in their Answer or respective Answers thereunto, in Writing, on or before Tuesday the 15th Day of April next; and Service, of this Order upon the said Re Spirituales, or upon any of their known Agents or Procurators in the Court of Session in Scotland, shall be deemed good Service.

Haselor Common, Bill: His Majestys Conent to it signified.

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 Commons, Common Fields, Common Meadows, and Commonable Lands and Grounds, of and in the Manors of Haselor and Walcot, and of and in the Manor of Upton Haselor, in the Parish of Haselor, in the County of Warwick, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may procceed therein as they shall think fit.

Burslem & Ux. against Lewis; to amend Appeal.

Upon reading the Petition of sames Burslem Clerk and Sarah his Wise, Appellants in a Cause depending in this House, to which David Lewis Esquire and Henry Greswold Lewis are Respondents; setting forth, That the Petitioners are advised, that it will be necessary for them to amend their said Appeal, by making Benjamin Palmer Esquire (who was a Defendant in the Court below) a Respondent to the said Appeal; and therefore praying, That they may be at Liberty to amend the said Appeal, by making the said Benjamin Palmer a Respondent thereto; and that he may be ordered to put in his Answer thereto; they amending the Respondents Copy:

It is Ordered, That the Petitioners be at Liberty to amend their said Appeal, as desired, and that the said Benjamin Palmer may have a Copy of the said Appeal; and do put in his Answer thereto, in Writing, on or before Tuesday the 25th Day of this Instant March, they amending the Respondents Copy.

Adjourn.

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

Die Mercurii, 19^o Martii;

Domini tam Spirituales quam Temporales prentes fuerunt:

PRAYERS.

Ly. M. Herbert against E. of Powit.

Ordered, That the Cause wherein the Lady Mary Herbert is Appellant, and the Earl of Powts is Respondent, which stands appointed to be heard this Day, be put off till the First Cause-day after the Recess at Easter.

Brice to take the Name of Kingsmill, Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act for enabling Robert Brice Esquire and his Heirs to take and use the Name and bear the Arms of Kinges mill.

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. Holford and Mr. Harris:

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

Chelsea to Battersea Briage, Bill.

The Earl of Marchmont reported from the Lords Committees to whom the Bill, intituled, An Act for building a Bridge cross the River Thames, from Batersea in the County of Surrey, to Chelsea in the, County of Middlesex 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.

Folkestone Church, &c. Bill.

The Lord Delamer made the like Report from the Lords Committees to whom the Bill, intituled, An Act for the Support and Preservation of the Parish Church of Folkestone, and the lower Part of the Town of Folkestone, in the County of Kent was committed.

St. Botolph, Aldgate, poor Bill.

The Lord Delamer also made the like Report from the Lords Committees to whom the Bill, intituled, An Act for the better maintaining, regulating, and em ploying, the Poor, within the Parish of Saint Botolph Aldgate in the City of London was committed.

Bawtry, &c. Road, Bill.

The Lord Sandys made the like Report from the Lords Committees to whom the Bill, intituled, . An Act for repairing and widening the Road from Bawtry in the County of Fork, to East Markham Gammon in the County of, Nottingham, and from Little Drayton to Twiford Bridge in the said County, was committed.

Doncaster Road, Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, An Act to enlarge and continue the Term and Powers granted by an Act passed in the Fourteenth Year of the Reign of His late Majesty King George the Second, intituled, An Act for repairing the Roads from Doncaster, through Ferry-bridge, to the South Side of Tadcaster Cross; and also from Ferry-bridge to Wether by, and from thence to Boroughbridge in the County of York, as to so much of the said Act as relates to the said Roads from Doncaster, through Ferry-bridge, to the South Side of Tadcaster Cross, was committed.

Mailing Sneer, near Lewes, &c. Roads Bill.

The Lord Sandys also made the like Report from the Lords Committees to whom the Bill, intituled, An Act to enlarge the Term and Powers of an Act made in the Twenty-fifth Year of King George the Second, for repairing the Roads from the North End of Mailing Street near the Town of Lewes, and other Roads in the County of Sussex; and for amending the Road from The Broil Park Gate to the West End of the Turnpike Road leading from the Turnpike Road on Hurst Green, through the Parishes of Etchingham and Burwash, and from the said Broil Park Gate to the Town of Battell in the said Count, was committed.

Fisherwick Park Road, Bill.

The Lord Delamer made the like Report from the Lords Committees to whom the Rill, intituled, An Act for discontinuing the Use of several Roads leading into and over Fisherwick Park in the County of Stafford; and for building and maintaining a publick Bridge cross the River Tame, at or near Elsord Mill Ford, in the said County; and for repairing and keeping in Repair the Road from such Bridge to Hade more Gate, in the Road leading through Whittington to Litchfield, was committed.

Cuddirgson Enclosure, Bill.

The Lord Sandy reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Commons or Waste Grounds called Cuddington or Bryn Common, in the Township of Cuddington with Bryn, in the Parish of Weverham, in the County of Chester, 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.

Willington Enclosure, Bill

The Lord Viscount Wentworth made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Fields, Common Meadows, Common Pastures, Commons, and Waste Grounds, within the Parish of Keston, in the County of Derby, was committed.

Repton Enclosure, Bill.

The Lord Delamer made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Common Meadows, and Common able Lands and Grounds, of and in the Manors of Haselor and Walcot, and of and in the Manor of Upton Haselor in the Parish of Haselor, in the County of Warwick, was committed.

Haselor Enclosure; Bill.

The Lord Delamer made the like Report from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Open Commons, Common Fields, Common Meadows, and Common able Lands and Grounds, of and in the Manors of Haselor and Walcot, and of and in the Manor of Upton Haselor in the Parish of Haselor, in the County of Warwick, was committed.

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

Winborne to Blandford Road, Bill.

With a Bill, intituled, An Act for repairing and widening the Road from the Cross or Market Place in the Town of Wimborne Minster to the Cross or Market Place in the Town of Blandford Forum in the County of Dorset; to which they desire the Concurrence of this House.

The said Bill was read the First Time

Smith, Leave for a Bill:

After reading, and considering, the Report of the Judels to whom was referred the Petition of John Silvester Smith 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 1^a vice lecta est Billa, intituled, An Act for vesting Part of the settled Estate of John. Silvester Smith Esquire in Trustees, to be fold, for discharging Encumbrances affecting the same.

Cyder Duties to repeal, Bill.

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

With a Bill, intituled, An Act for repealing the Duties granted upon Cyder and Perry, by an Act made in the Third Year of His present Majestys Reign; and for granting other Duties on Cyder and Perry in Lieu thereof; and for more effectually se curing the Duties on Cyder and Perry imposed by several former Asts; to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be read a 2d Time on Wednesday next; and that the Lords be summoned.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usquc ad & in diem Jovis, vicesimum diem instantis Martii, hora undecima Aurora, Dominis sic decernentibus.

Die Jovis, 20^o Martii.

Domini tam Spirituales quam Temporales prasentes fuerunt:

PRAYERS.

Sir J. Gordon against MLead.

After hearing Counsel in Part, in the Cause wherein Sir John Gordon of Invergordon Baronet is Appellant, and Roderick MLord of Cadboll is Respondent:

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

Causes remotred.

Ordered, That the Cause which stands appointed for To-morrow be put off till the Second Cause-day after the Recess at Easter; and that the rest of the Causes except that between Darner and the Earl of Inchiquin, which stands for Monday next) be removed in Course.

Sir J. Chetwoods Estate, Bill.

The Lord Delamer reported from the Lords Committees to whom the Bill, 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 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 some Amendments thereto.

Which Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, With the Amendments, be engrossed.

Marston Enclosure, Bill.

A Message was brought from the House of Commons, by Sir Charles Mordaunt and others;

With a Bill, intituled, An Act for dividing and enclosing the Open and Common Fields and Commonable Lands lying within the Parish of Hinton in the Hedges, in the County of Northampton; to which they desire the Concurrence of this House.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad & in dicm Veneris, vicesimum primum diem instantis Martii, hora undecima Aurora?, Dominis sic decernentibus.