House of Lords Journal Volume 32: November 1768, 21-30

DIE Lun, 21^o Novembris 1768.

Domini tam Spirituales quam Temporales praesentes fuerunt:

PRAYERS.

Lords take the Oaths.

This Day Neil Earl of Roseberry, William Earl of Dunmore, and Henry Earl of Powis, took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

To prohibit the Exportation of Corn, & c. Bill.

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

With a Bill, intituled, An Act to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour; to which they desire the Concurrence of this House.

Cholmley et al against Attorney General et al.

After hearing Counsel upon the Petition and Appeal' of John Cholmley Esquire, John Hopkinson and George Nidd, which Appeal was, by an Order of this House 1 of the 2d of March last, revived in the Name of Montague Cholmley Esquire, complaining of a Decree of the Court of Chancery of the 17th Day of June 1765; and praying, That the same might be reversed, or that the Appellants might have such other Relief in the Premises as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of His Majesty's Attorney General, John Blair Doctor of Laws, and the Right Reverend Father in God, John Lord Bishop of Lincoln, put in to the said Appeal, and due Consideration had of what was offered on either Side in this Cause:

Decree affirmed.

It is Ordered and adjudged by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby dismissed this House; and that the said Decree therein complained of be, and the same is hereby affirmed.

To prohibit the Exportation of Corn, & c. Bill.

Hodie 1^a vice lecta est Billa, intituled, An Act to ' prohibit, for a further Time, the Exportation of] Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.

Lloyd et Ux. Petition referred to Judges.

Upon reading the Petition of William Lloyd, of Aston, in the County of Salop, Clerk, and Mary his Wife, on Behalf of themselves, and their Infant Children, Robert Lloyd, Sarah Lloyd, and Mary Lloyd; praying Leave to bring in a Bill for vesting certain Estates in Trustees, to be sold, and for applying the Purchase Money for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Clive, who are forthwith to summon all Parties concerned in the Bill, and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

Grey et al. against Montagu et al.

Upon reading the Petition and Appeal of George Grey Esquire, Hugh Moises, Edmund Burton and Mary his Wife, Sir Thomas Clavering, George Clavering, John Smiles, and William Brown, complaining of an Order of the Court of Chancery of the 25th Day of February 1764, made in a certain Cause wherein George Grey Esquire, and the Reverend Hugh Moises Clerk, were Plaintiffs, and Edward Montagu Esquire, Anthony Isaacson, William Archdeacon, Thomas Davidson, Edmu, id Burton Esquire, and Mary his Wife, Sir Thomas Clavering Baronet, and George Clavering Esquire, John Smtles, William Brown, and His Majesty's Attorney General, by amended Bill and Bill of Revivor, were Defendants; and praying, That the same may be reversed, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Edward Montagu, Anthony Isaacson, William Archdeacon, and His Majesty's Attorney General, may be required to answer the said Appeal:

It is Ordered, That the said Edward Montagu, Anthony Isaacson, William Archdeacon, and His Majesty's Attorney General, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 5th Day of December next.

Grants et al. against Brodie.

Upon reading the Petition and Appeal of Sir Ludovic Grant of Grant Baronet, Sir Alexander Grant of Dalvey Baronet, James Dunbar Esquire, Advocate, and Captain Duncan Urquhart of Burdsyeards, complaining of an Interlocutor of the Lords of Session in Scotland, of the 27th of January 1768; and praying, That the same may be reversed, varied, or amended, or that the Appellants may have such Relief in the Premises as to this House, in their Lordships great Wisdom, a shall seem meet; and that Alexander Brodie may be required to answer the said Appeal:

It is Ordered, That the said Alexander Brodie may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 18th Day of December next; and Service of this Order upon the Procurators or Agents of the aid Respondent, in the said Court of Session in Scotland, shall be deemed good Service.

Clen against Bailhe et al.

Upon reading the Petition and Appeal of Doctor Thomas Glen Physician in Linlithgow, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 19th of December 1767, the 26th of February, the 8th and 9th of March last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, (hall seem just; and that Thomas Baillie, John Gillon, William Baillie, George Barklay, and John Stewart, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Baillie, John Gillon, William Baillie, George Barklay, and John Stewart, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Monday the 18th Day of December next; and Service of this Order upon the said Respondents, or upon their known Counsel, Agents, or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.

Lumsdain against Baillie' et al.

Upon reading the Petition and Appeal of John Lums L dain of Blencairn, complaining of Four Interlocutors of the Lords of Session in Scotland, of the 19th of December 1767, and 26th of February, 8th and 9th of March last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Baillie, John Gillon, William Baillie, George Barkclay, and John Stewart, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Baillie, John Gillon, William Baillie, George Barkclay, and John Stewart, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Monday the 18th Day of December next; and Service of this Order upon the said Respondents, or upon their known Counsel, Agents, or Solicitors, in the said Court of Session in Scotland, shall be deemed good Service.

Geddie et al. against Dempster; Appeal refered to a Committee.

Upon reading the Petition and Appeal of Robert Geddie Junior, Merchant in the Burgh of Coupar in Fife, and of Robert Mackintosh Esquire, Advocate, with Concourse of James Montgomery Esquire, His Majesty's Advocate, for His Majesty's Interest, complaining of' an Interlocutory Judgement and Decretal Order or Sentence of the Lord Justice Clerk and Commissioners of Justiciary in Scotland, of the First Day of August last; and praying, That the same may be reversed or that the Appellants may have such Relief in the Premises as to'this House, in their Lordships great Wisdom, shall seem meet; and that George Dempster Esquire may be required to answer the said Appeal:

It is Ordered, That the said Appeal be referred to the Lords following, who are appointed a Committee to consider thereof, and to report to the House whether the same be properly brought:

Their Lordships, or any Five of them, to meet on Tuesday the 29th Day of this instant November, at Ten o' Clock in the Forenoon, in the Prince's Lodgings, near the House of Peers; and to adjourn as they please.

Petitions for Private Bills; Time limited for receiving them.

Ordered, That this House will not receive any Petition for a Private Bill after Tuesday the 22d Day of December next.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Mercurii, vicesimum tertium diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

DIE Mercurii, 23^o Novembris 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Wallace against Skenectal.

The Answer of George Skene and others, to the Appeal of David Wallace Merchant in Aberbrothock, was this Day brought in.

O'Shaughmuffy against Prendergast and Smith.

Upon reading the Petition and Appeal of Joseph O'Shaughnussy, of the City of Dublin, Esquire, complaining of Two Orders of the Court of Exchequer in Ireland of the 13th and 15th Days of June last; and praying, That the same may be reversed, and that the Plea and Demurrer respectively be overruled with Cofss, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that John Smith, otherwise Prendergast, and Charles Smith, may be required to answer the said Appeal:

It is Ordered, That the said John Smith, other wife Prendergast, and Charles Smith, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before 'Wednesday the 28th Day of December next; and Service of this Order upon the said Respondents, in the said Court of Exchequer in Ireland, shall be deemed good Service.

Napier against Ramsay et al.

Upon reading the Petition and Appeal of Captain Charles Napier, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767, and Decree following thereon; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Ramsay, John Stewart, Thomas Bailhe, and William Batllie, may be required to answer the said Appeal:

It is Ordered, That the said Robert Ramsay, John Stewart, Thomas Batllie, and William Baillie, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 21st Day of December next; and Service of this Order upon the said Respondents, or upon any of their Agents or Doers in the said Court of Session in Scotland, shall be deemed good Service.

M'Queen against Ramsay et al.

Upon reading the Petition and Appeal of Robert M'Queen Esquire, Advocate, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767, and Decree following thereon; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem, meet; and that Robert Ramsay, John Stewart, Thomas Bailhe, and William Bailhe, may be required to answer the said Appeal:

It is Ordered, That the said Robert Ramsay, John Stewart, Thomas Bailhe, and William Bailhe, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 21 st Day of December next; and Service of this Order upon the said Respondents, or upon any of their known Agents or Doers in the 'said Court of Session in Scotland, shall be deemed good Service.

Dundas against Ramsay et al.

Upon reading the Petition and Appeal of David Dundas Younger of Newhalls, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th Day of December 1767, and Decree following thereon 5 and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Ramsay, John Stewart, Thomas Baillie, and William Bailhe, may be required to answer the said Appeal:

It is Ordered, That the said Robert Ramsay, John Stewart, Thomas Bailhe, and William Baillie, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 21st Day of December next; and Service of this Order upon the said Respondents, or upon any of their Agents or Doers, in the said Court of Session in Scotland, shall be deemed good Service.

Scott against Ogilvie et al.

Upon reading the Petition and Appeal of John Scott Writer in Edinburgh, complaining of Three Interlocutors of the Lords of Session in Scotland, of the 15th of January, 12th of February, and 9th of March last; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that Thomas Fotheringham Ogilvie, James Garden, Thomas Lyell, James Guthrie, Patrick Chalmers, and Alexander Elphingston, may be required to answer the said Appeal:

It is Ordered, That the said Thomas Fotheringham Ogilvie, James Garden, Thomas Lyell, James Guthrie, Patrick Chalmers, and Alexander Eliphingston, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers thereunto, in Writing, on or before Wednesday the 21st Day of December next; and Service of this Order upon the said Respondents, or on their Procurators or Agents in the said Court of Session in Scotland, shall be deemed good Service.

To prohibit the Exportation of Corn, &c. Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.

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

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

Proceedings and Accounts of Commissioners for Westminster Bridge delivered.

The House being informed, That Mr. Seddon, from the Commissioners of Westminster Bridge, attended:

He was called in; and delivered at the Bar, pursuant to several Acts of Parliament, Two Books, containing,

A State of the Proceedings of the Commissioners for building Westminster Bridge, from the 9th Day of December 1767 to the 16th Day of November 1768 inclusive:

And also, Accounts of the Treasurer to the Commissioners for building Westminster Bridge, from the 10th Day of October 1767 to the 10th Day of October 1768, together with a Rent roll, and an Account of Bridge Rents received from the 5th of July 1767 to the 5th of July 1768.

And then he withdrew.

And the Titles thereof being read by the Clerk:

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

Roberts et al. against Brown et ux.

This Day being appointed for hearing Counsel upon the Petition and Appeal of Reuben Roberts, Michael Creagh, Christopher Vowell, Richard Creagh, James Blackall, Ezekicl Wilson and Elizabeth his Wife, complaining of an Order of the Court of Exchequer in Ireland, of the 13th of May 1767; and praying, That the same might be reversed or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Patrick Brown Esquire, and Mary his Wife, put in to the said Appeal:

Counsel were accordingly called in:

And the Counsel for the Appellants acquainted the House, That the Parties were come to an Agreement, and consented that the Order complained of in the said Appeal should be affirmed without Costs: And the Counsel for the said Respondents likewise acquainting the House, That the same was consented to on the Part of the said Respondents:

The Counsel were directed to withdraw.

Order affirmed.

Ordered and adjudged by the Lords Spiritual and Temporal, in Parliament assembled, (by Consent of the Counel, on both Sides signified at the Bar), That the said Petition and Appeal be, and is hereby dismissed this House, and that the said Order therein complained of be, and the same is hereby affirmed, without Costs.

Lodge against Mansergh et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein George Lodge Gentleman is Appellant, and James Mansergh and others are Respondents:

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Heron against Heron.

The House being moved, That a Day may be appointed for hearing the Cause wherein Doctor Andrew Heron Physician is Appellant, and John Vining Heron is Respondent:

It is Ordered, That this House will hear the said Cause by Counsel, at the Bar, on the First vacant Day for Causes after those already appointed.

Spottiswoode to enter into Recognizance on Glen's Appeal.

The House being moved, That John Spottiswoode of the Inner Temple, London, Gentleman, may be permitted to enter into a Recognizance for John Glen, on Account of his Appeal depending in this House, he residing in Scotland;

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

and on Lumsdain's Appeal.

The House being moved, That John Spottiswoode Gentleman may be permitted to enter into a Recognizance for John Lumsdain, on Account of his Appeal depending in this House, he residing in Scotland:

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

Davidson to enter into Recognizance on M'Queen's Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Robert M'Queen, on Account of his Appeal depending in this House, he residing in Scotland:

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

and on Wedderburn's Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Henry Wedderburn Esquire, on Account of his Appeal depending in this House, he residing in Scotland:

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

and on Dundas's Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter unto a Recognizance for James Dundas of Dundass Esquire, on Account of his Appeal depending in this House, he residing in Scotland:

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

and on Napier's Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Captain Charles Napier, on Account of his Appeal depending in this House, he residing in Scotland:

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

and on M'Lord's Appeal.

The House being moved, That Henry Davidson Gentleman may be permitted to enter into a Recognizance for Roderick M'Lord, on Account of his Appeal depending in this House, he residing in Scotland:

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

Sir Oliver Crofton against Connor.

A Petition of Sir Oliver Crofton Baronet, Appellant in a Cause depending in this House, to which George Connor is Respondent, which stands appointed to be heard on Friday next, and also of the said George Connor, was presented and read; setting forth, That the Parties in this Cause are in Terms of settling amicably the Matters in Dispute between them; and therefore praying, That the Hearing thereof may be put off till after the Recess, in order to give Time for perfecting the same.

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 after those already appointed.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum quartum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

DIE Jovis, 24^o Novembris 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Sir William Dunbar et al. against Sinclair et al.

A Petition of Sir William Dunbar and others, Appellants in a Cause depending in this House, to which John Sinclair and others are Respondents, was presented and read; setting forth, That the Petitioners are advised by their Counsel to withdraw the said Appeal; and therefore praying, That they may be at Liberty to withdraw the same.

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

And being withdrawn;

Appeal withdrawn with Costs.

Ordered, That the Petitioners be at liberty to withdraw the said Appeal as desired, upon Payment of Thirty Pounds Costs to the Respondents.

Message from H. C. to return Dufaur's Naturalization Bill.

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

To return the Bill, intituled, An Act for naturalizing John Dufaur, and to acquaint this House, That they have agreed to the same without any Amendment.

Hammond against Stibbs.

Upon reading the Petition of Joseph Stibbs, Defendant in a Writ of Error depending in this House,' wherein William Hammond is Plaintiff:

Morgan against Place:

Also, upon reading the Petition of John Place, Defendant in a Writ of Error depending in this House, wherein William Morgan is Plaintiff:

Bellamy against Spencer and Harrison:

Also, upon reading the Petition of Joseph Spencer: and Abraham Harrison, Defendants in a Writ of Error depending in this House, wherein Samuel Bellamy is Plaintiff:

Bellamy against Spencer and Harrison:

And also, upon reading the Petition of Joseph Spencer and Abraham Harrison, Defendants in a Writ of Error depending in this House, wherein Samuel Bellamy is Plaintiff; setting forth, That the said Writs of Error are brought merely for Delay; and therefore praying, That the same may be Non-pros'd with such Costs as to the House shall seem meet:

Writs of Error Non-pros'd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Non-pros. upon the said Writs of Error, as desired; and that the Records be remitted to the Court of King's Bench, to the End Execution may be had upon the Judgements given by that Court, as if no such Writs of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid to the aid Defendants in Error, the Sum of Twenty Pounds each for their Costs, by reason of the Delay of the Execution of the said Judgements.

Wallace against Skene et al. Petition for an early Day.

Upon reading the Petition of David Wallace Esquire, Appellant in a Cause depending in this House, to which George Skene and others are Respondents; setting forth, That the Petitioner hath brought his Appeal from Two Interlocutors of the Lords of Session in Scotland, of the 18th of February and 9th of March last, whereby, without Evidence, and in consequence of a Proceeding repugnant to all Forms in Criminal Cases, he is, so far as the Judgement or a Civil Court can conclude, declared to have sworn falsely; and therefore praying, That the said Appeal may be set down to be heard on such early Day as to the House shall seem meet:

It is Ordered, That this House will Hear the said Cause, by Counsel, at the Bar, on Wednesday the 30th of this instant November.

Lloyd Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of William Lloyd 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 the Reverend William Lloyd Clerk, in Trustees, for raising Money to discharge the Debts, Legacies, and Incumbrances, affecting the same, and for other the Purposes therein mentioned.

Time limited for receiving Petitions enlarged.

Ordered, That the Time limited for receiving Petitions for Private Bills be enlarged from the 22d of December next, to Friday the 20th of January next.

To prohibit the Exportation on of Corn, &c. Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An, Act to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.

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.

Dixwell, Publisher, to attend.

Ordered, That J. Dixwell, Publisher in Saint Martin's Lane, near Charing Cross, do attend this House Tomorrow.

To prohibit, the Exportation Corn, &c. Bill.

Hodie 3^a vice lecta est Billa, intituled, An Act to prohibit, for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.

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. Pechell and Mr. Anguish:

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

Adjourn.

Dominus Cancellarius declaravit praesens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum quintum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

DIE Veneris, 25^o Novembris 1768.

REX.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

The House was adjourned during Pleasure to robe.

The House was resumed.

King 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 Yeoman Usher of the Black Rod to let the Commons know, It is Majesty's Pleasure they attend him immediately in this House.

Who being come, with their Speaker,

The Deputy Clerk of the Crown read the Titles of the Bills to be passed, severally, as follow:

Bills passed.

1. An Act to prohibit for a further Time, the Exportation of Corn, Grain, Meal, Malt, Flour, Bread, Biscuit, and Starch; and also the Extraction of Low Wines and Spirits from Wheat and Wheat Flour.

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

Le Roy le veult.

2. An Act for naturalizing John Dufaur.

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

Soit fait 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.

Lloyd's Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act for vesting Part of the Settled Estate of the Reverend William Lloyd Clerk, in Trustees, for raising Money to discharge the Debts, Legacies, and Incumbrances, affecting the same, and for other Purposes therein mentioned.

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

Their Lordships, or any Five of them, to meet on Monday the 12th Day of December next, at Ten o'Clock in the Forenoon, in the Prince's Lodgings near the House of Peers; and to adjourn as they please.

Harrow et al. Petition referred to Judges.

Upon reading the Petition of John Barrow Merchant, and Mary his Wife, and of George Heron Esquire, John Smith Esquire, and John Cheney Ironmonger, (Assignees of the Estate and Effects of the said John Barrow), Richard Selby Clerk, Thomas Filkin Surgeon, William Stedmon Grocer, John Barker Mercer, John Warburton Yeoman, Jane Hugh Widow, William Horton Yeoman, William Robinson Salt Officer, William Widders Yeoman, John Highfield Yeoman, John Whitehead Yeoman, Hester Haslehurst Spinster, William Parkinson the Younger, Carrier, Hugh Jackson Yeoman, John Barlow Gentleman, and John Jackson Yeoman, Creditors of the said John Barrow, for and on Behalf of themselves and others his Creditors, praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred, to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Clive, who are Forthwith to summon all Parties concerned in the Bill, and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition; and also that the Judges, having perused the Bill, do sign the same.

William Bogle, the Author of a Paper relative to the Douglas Cause, and J. Dixwell the Publisher, to attend.

The Yeoman Usher acquainted the House, That I. Dixwell attended pursuant to the Order of Yesterday:

And thereupon he was called in, and a Pamphlet, intituled, A Contrast, or a Comparative View of the most material Facts insisted on by either Party in the Douglas Cause. Printed for I. Dixwell, in Saint Martin's Lane, near Charing Cross. Being shewn to him, he acknowledged, That he was the Publisher thereof, but that he was ignorant that the Cause was depending before the House; that the Author was a Stranger to him, and was recommended by One M'Clough; that he had printed off 250 Copies, but had sold but Seven, having slopped selling any more, upon his receiving their Lordships Order for his Attendance. Being asked the Name of the Author, said, It was William Bogle.

He is directed to withdraw.

Ordered, That the said William Bogle and the said I. Dixwell do attend this House on Monday next.

Delany against Tenison.

The Earl of Marchmont acquainted the House, That the Cause wherein Doctor Delany is Appellant, and Alice Tenison is Respondent, which stands appointed to be heard on Monday next, was abated by the Death of the Appellant, and that the Agents on both Sides were attending:

Whereupon they were called in; and heard at the Bar:

And being withdrawn;

Appeal dismissed.

Ordered, That the said Appeal be dismissed.

Pulteney and Fraser against Sir John Gordon et al.

Upon reading the Petition and Appeal of William Pulteney Esquire, and Alexander Fraser of Culduthill, Two of the Freeholders and Commissioners of Supply of the County of Cromarty, complaining of Two Interlocutors of the Lords of Session in Scotland, of the 17th and 24th of December 1767; and also of Two Interlocutors of the said Lords of the 19th of February and 10th of March last; and of an Interlocutor of the 17th of this instant November; and praying, That the same may be reversed, varied, or altered, or that the Appellants may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Sir John Gordon of Invergordon Baronet, William Gordon of Newhall, Sir Alexander Mackenzie of Gairloch, Baronet, Alexander Law Younger of Elvingston, John and Robert Mackintoshes, David Ross of Priesthill, John Gordon of Carrol, John Gorry Commissary of Ross and Cromarty, David Ross Writer, George and John Grahames of Drynie, Leonard and William Urquharts Writers, Robert Blair Advocate, and Jhon and James Hay Writers, may be required to answer the said Appeal:

It is Ordered, That the said Sir John Gordon, and the said several Persons last named, may have a Copy of the said Appeal, and do put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 23d Day of December next; and Service of this Order upon the said Respondents, or upon their known Agents in the said Court of Session in Scotland, shall be deemed good Service.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, vicesimum octavum diem instantis Novembris, hora undecima Auror, Dominis sic decernentibus.

22^o Martii 1786.

Hitherto examined by us,

John Bangor.

Scarsdale.

Hawke.

DIE Lun, 28^o Novembris 1768.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Paper realtive to Disturbances in America delivered.

The Lord Harwich (by His Majesty's Command) laid before the House Copies of all Letters, &c. relating to the late Proceedings of the Colony of The Massachusetts Bay, together with a List thereof, which was read by the Clerk, as follows:

No. 1. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, 21st January 1768.

2. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, January 30th, 1768.

3. Copy of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, February 2d, 1768.

4. Extract of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, April 4th, 1768.

5. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, February 18th, 1768, enclosing,

Copy of a Circular Letter from the House of Representatives of Massachusetts Bay, to the other Assemblies in North America, February 11th, 1768.

6. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, March 5th, 1768, enclosing,

Copy of the Resolves of the House of Representatives, 26th February 1768.

Copy of a Letter printed in the Boston Gazette, February 28th, 1768.

Copy of Proceedings of the Council, on the Subject of the Label in the Boston Gazette, February 28th, 1768.

Copy of Governor Bernard's Message to the Council.

Copy of Council's Address, in Answer:

And Copy of Governor Bernard's Reply.

Copy of Governor Bernard's Message to the Assembly:

Copy of the Assembly's Answer thereto.

7. Appendix to Journals of the House of Representatives of Massachusetts Bay, February 1768.

8. Copy of a Circular Letter from the Earl of Hillsborough to the Governors of the several Colonies in America, dated Whitehall, April 21st, 1768.

9. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, April 22d, 1768.

10. Copy of a Letter from the Earl of Hillsborough to Major General Gage, dated Whitehall, April 23d, 1768.

II. Copy of a Letter from Mr. Bradshaw to Mr. Phelps, Treasury Chamber, 7th May 1768, enclosing,

Memorial of the Commissioners of the Customs in America, dated 12th February 1768.

12. Copy of a Circular Letter from the Earl of Hillsborough to all the Governors on the Continent of North America, dated Whitehall, 14th May 1768.

13. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, March 12th, 1768.

14. Copy of a Letter from Governor Bernard to the Earl of Shelburne, dated Boston, March 19th, 1768, enclosing,

Resolution of the Council on the 18th March 1768, relative to the Riots at Boston,

Affidavit of William Wooton, Inspector General of the Customs.

15. Extract of a Letter from Governor Bernard to the Earl of Shelburne, dated March 21st, 1768, enclosing,

Extract from the Boston Gazette, containing an Account of the Meeting of the Merchants on the 18th of March.

16. Copy of a Letter from the Earl of Hillsborough to Major General Gage, dated Whitehall, June 8th, 1768.

17. Copy of a Letter from the Earl of Hillsborough to the Lords of the Admiralty, dated Whitehall, June nth, 1768.

18. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated June 11th, 1768.

19. Copy of a Letter from Mr. Bradshaw to Mr. Pownall, dated Treasury Chambers, July 8th, 1768, enclosing,

Memorial of the Commissioners of the Customs in America, dated 28th March 1768.

20. Copy of a Circular Letter from the Earl of Hillsborough to all the Governors on the Continent of North America, dated Whitehall, July 11th, 1768.

21. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated 11th July 1768.

22. Copy of a Letter from Mr. Pownall to Mr. Bradshaw, dated Whitehall, July 11th, 1768.

23. Copies of Letters from Governor Bernard to the Earl of Hillsborough, dated Boston, June 11th and 13th.

24. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, June 14th, 1768, enclosing,

Minutes of Council on the 11th of June 1768.

Depositions of a Riot at Boston, June 10th, 1768.

Copies of Letters between (fn. 1) General Bernard and the Commissioners of the Customs, June 1768.

25. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, June 16th and 18th, 1768, enclosing,

Incendiary Paper stuck up at Boston in June 1768.

Copy of the Petition of the Town of Boston to Governor Bernard, June 14th, 1768.

Copy of Governor Bernard's Answer to the Petition of the Town of Boston.

Instructions to the Members of the Town of Boston.

26. Copy of a Letter from Mr. Bradshaw to Mr. Pownall, dated Treasury Chambers, 22d July 1768, enclosing,

Copy of a Memorial of the Commissioners of the Customs, June 16th, 1768, and such Papers thereunto annexed.

Copy of Examination of Mr. Hallowell at the Treasury Board, July 21st, 1768.

27. Copy of a Letter from Mr. Bradshaw to Mr. Pownall, Treasury Chambers, November 22d, 1768, enclosing,

Corrections in the Examination of Mr. Hallowell, on the 21st of July 1768.

28. Copy of a Memorial presented to the Earl of Hillsborough, July 21st, 1768, by Mr. Denysde Baot, and Depositions therewith annexed.

29. Copy of a Letter from Mr. Bradshaw to Mr. Pownall, dated Treasury Chambers, August 4th, 1768, enclosing,

Case and opinion thereupon, of His Majesty's Attorney General, respecting the Seizure of a Vessel at Boston, in June 1768.

30. Copy of a Letter from the Earl of Hillsborough to the Earl of She'burne, dated Whitehall, 27th July 1768.

31. Copy of a Letter from the Earl of Hillsborough to the Lords of the Admiralty, dated Whitehall, July 28th, 1768.

32. Copy of a Letter from the Earl of Hillsborough to Major General Gage, dated Whitehall, July 30th, 1768.

33. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, July 30th, 1768, enclosing,

Opinion of Sir Edward Northey, Sir Dudley Rider, and Sir John Strange, upon the Act of the 6th of Queen Anne, for encouraging the Trade to America.

34. Copy of a Letter from Mr. Pownall to Mr. Bradshaw, dated July 28th, 1768.

35. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated the 17th of June 1768.

36. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated June 25th, 28th, and July 1st, 1768, enclosing,

Messages and Answers between the Governor and House of Representatives of Massachusetts Bay, June 1768.

The Answer to the House of Representatives of Massachusetts Bay to the Governor, June 30th, 1768.

37. Copy of a Letter to the Earl of Hillsborough from the Speaker of the House of Representatives of Massachusetts Bay, dated 30th June 1768.

38. Extracts of the printed Journal of the Proceedings of the House of Representatives of Massachusetts Bay, from the 30th of December 1767 to the 30th of June 1768.

39. Extract of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, 9th July 1768.

40. Copy of Supplemental Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, July 9th, 1768.

41. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, July 18th and 19th, 1768, enclosing,

Copies of Papers published at Boston.

42. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated July 16th, 1768, enclosing,

Petition of the Council of the Province of Massachusetts Bay to His Majesty.

43. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, July 18th, 1768.

44. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated September 14th, 1768.

45. Copy of a Letter from Mr. Bradshaw to Mr. Pownall, dated Treasury Chambers, August 31st, 1768, enclosing,

Memorial of the Commissioners of the Customs in North America, July 11th, 1768, and Papers thereunto annexed.

46. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, July 30th, 1768, enclosing,

Copies of Letters between Governor Bernard and General Gage, July 1768.

Minutes of Council of Massachusetts Bay, July 27th and 29th, 1768.

Observations on the Council's Answer to Governor Bernard, July 29th, 1768.

47. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, August 6th, 1768.

48. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, August 9th, 1768.

49. Extract of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, August 29th, 1768, enclosing,

Extract from the Boston Gazette.

50. Copy of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, October 12th, 1768.

51. Extract. of a Letter from Governor Bernard to the Earl of Hillsborough, dated September 9th, 1768.

52. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, September 16th, 1768, enclosing,

Extract from Boston Gazette, of the 5th September 1768.

Proceedings at a Town Meeting at Boston, on the 12th September 1768.

Circular Letter from the Select Men of the Town of Boston, to the several Towns and Districts in Massachusetts Bay, September 14th, 1768.

53. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, 23d September 1768.

54. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, 26th September 1768, enclosing,

Minutes of Council, the 19th September 1768.

Minutes of Council, the 22d September 1768.

Minutes of Council, the 26th September 1768, extracted from the Boston Gazette.

Paragraph proposed to be inserted in the Council's Answer to the Governor's Message.

55. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, September 27th, 1768, enclosing,

Proceedings of the Convention assembled at Boston on the 22d September 1768.

56. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, October 1st, 1768, enclosing,

Minutes of Council on the 29th September 1768.

57. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, October 3d, 1768, enclosing,

Result of the Proceedings of the Convention.

58. Copy of a Letter from Governor Bernard to the Earl of Hillsborough, dated Boston, October 5th and 6th, 1768, enclosing,

Minutes of Council on the 3d and 5th October 1768.

Letter from the Town of Hatfield to the Select Men of the Town of Boston, September 22d, 1768.

59. Extract of a Letter from the Earl of Hillsborough to Governor Bernard, dated Whitehall, 15th November 1768, enclosing,

Copy of a Letter from Mr. Sayre to the Earl of Hillsborough.

60. Minutes of the Treasury Board, transmitted to the Earl of Hillsborough, November 28th, 1768.

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

His Lordship also acquainted the House, That he has in his Possession a Memorial addressed to this House, from the Council and House of Burgesses of Virginia, which (fn. 1) contains Matter of such a Nature as prevents him from presuming to present the said Memorial, without receiving the Commands of the House for that Purpose.

Ordered, That the said Letters, &c. be taken into Consideration on Tuesday the 6th Day of December next; and that the Lords be summoned.

Goodere against Burret and another, and &c con.

Upon reading the Petition of John Goodere, Appellant in a Cause depending in this House, wherein Trevor Borret and another are Respondents, et e contra; setting forth, That these Causes flood appointed for hearing on Friday the Eighteenth of this instant November, but upon a Petition, the same (fn. 1) were adjourned to Friday the Second Day of December next, on Account of the Illness of Mr. Attorney General, who was Counsel in these Causes in the Court of Chancery, and settled and signed the Petitioner's Appeals, and was instructed to argue these Appeals in the last Session, and who is still confined by his said Illness; that unless their Lordships are pleased to indulge the Petitioner with a further Adjournment of these Causes, the Petitioner will still be deprived of the Assistance of Mr. Attorney General as his Counsel on the hearing of these Causes before their Lordships; and therefore praying, That the same may be adjourned to Wednesday the 18th Day of January next:

It is Ordered, That the Hearing of the said Appeals be put off to Wednesday the 18th Day of January next, as desired.

Wallace against Skene, et al.

Ordered, That the Cause wherein David Wallace is Appellant, and George Skene and others are Respondents, which stands appointed for hearing on Wednesday next be adjourned to Friday next.

Sparhauke, Leave for a Bill.

After reading and considering the Report of the Judges, to whom was referred the Petition of Lawndey Sparhauke and Edward Sparhauke Esquires; 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 certain Messuages, Lands, and Hereditaments, in Baldock, in the County of Hertford, devised by the Will of Edward Sparhauke Gentleman, deceased, in Lawndey Sparhauke Esquire, and his Heirs, discharged from the Uses of the said Will, and for substituting and settling an undivided Moiety of other Lands and Hereditaments in Hertfordshire in lieu thereof, and to the like Uses.

Napier against Dundas.

Upon reading the Petition and Appeal of Captain Charles Napier, complaining of an Interlocutor of the Lords of Session in Scotland, of the 25th of this instant November; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that James Dundas of Dundas may be required to answer the said Appeal:

It is Ordered, That the said James Dundas may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Monday the 26th Day of December next; and Service of this Order upon the said Respondent, or upon any of his Agents or Doers in the said Court of Session in Scotland, shall be deemed good Service.

Dundas against Dunda.

Upon reading the Petition and Appeal of David Dundas Younger of Newhalls, Esquire, complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th Day of this instant November; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that James Dundas of Dundas may be required to answer the said Appeal:

It is Ordered, That the said James Dundas may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Monday the 26th Day of December next; and Service of this Order upon the said Respondent, or upon. any of his Agents or Doers in the said Court of Session in Scotland, shall be deemed good Service.

M'Queen against Dundas.

Upon reading the Petition and Appeal of Robert M'Queen Esquire, Advocate, complaining of an Interlocutor of the Lords of Session in Scotland, of the 15th Day of this instant November; and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relief in the Premises as to this House, in their Lordships great Wisdom, shall seem meet; and that James Dundas of Dundas may be required to answer the said Appeal:

It is Ordered, That the said James Dundas may have a Copy of the said Appeal, and do put in his Answer thereto in Writing, on or before Monday the 26th Day of December next; and Service of this Order upon the said Respondent, or upon any of his Agents or Doers in the said Court of Session in Scotland, shall be deemed good Service.

Dalrymple against Hunter et Ux.

Upon reading the Petition of Charles Dalrymple, Appellant in a Cause depending in this House, to which Doctor James Hunter et Ux. are Respondents, which stands appointed to be heard; setting forth, That the Petitioner, having advised with his Counsel, is unwilling to give their Lordships the Trouble of hearing this Cause; and therefore praying, That he may be at Liberty to withdraw his said Appeal, the Agent for the Respondent having signed the said Petition, as consenting thereto:

Appeal withdrawn, with Costs.

It is Ordered, That the Petitioner be at liberty to withdraw his said Appeal, as desired, upon Payment of Twenty-five Pounds Costs to the Respondents.

Copy of the Declaration in an Action brought against Mr. Hesse, a justice of the Peace, to be said before the House.

The House being informed, That an Action had been commenced and prosecuted in the Court of Common Pleas, by one John Biggs, and one Aylett his Attorney, against Mr. Hesse, One of His Majesty's Justices of the Peace for the City of Westminster and County of Middlesex, who acted under the immediate Orders and Commands of this House on the 10th Day of May last, in suppressing a great Riot which then happened at the Door of this House (the House then sitting) in Palace Yard, where the said John Biggs was seized, and committed to Bridewell, by the said Hesse; in which Action the Privileges and Authority of this House are highly concerned:

Ordered, That the proper Officer do lay before this House Copies of the original Declarations in the said Action, and all Proceedings relative thereto.

Persons to attend.

Ordered, That the said John Biggs, Mr. Aylett his Attorney, and the said Mr. Hesse, do attend this House on Thursday next, and that the Lords be summoned.

Pamphlet relating to the Douglas Cause to be delivered to the Clerk.

The Order of the Day being read for the Attendance of Dixwell and William Bogle:

The Yeoman Usher acquainted the House, they were attending without:

Whereupon they were called in; and the said William Bogle being examined in relation to the Pamphlet, intituled, The Contrast, or a Comparative View of the most material Facts insisted on by either Party in the Douglas Cause, printed for I. Dixwell in Saint Martin's Lane, near Charing Cross, acquainted the House, That he was the Author thereof, and that his Attachment to the Hamilton Family had been the Motive of his writing it, having seen several Publications in Favour of the opposite Party; but was ignorant that in so doing he should give Offence to their Lordships. Being asked, If he was employed in the Cause? said, He had formerly been employed by Mr. Archibald Stewart; but that he was not so now, either by him or any of the Family. Being asked, If he could acquaint the House with the Titles of the Publications on the Behalf of the other Side ?" acquainted the House, That the Titles of those he had seen were, 1st, Observations on the Douglas Cause in general, printed for E. and C. Dilly in the Poultry, 2dly, The Essence of the Douglas Cause, printed for I. Wilhe in Saint Paul's Church-yard. And 3dly, Letters of the, Right Honourable Lady Jane Douglas, printed for I. Wilhe in Saint Paul's Church-yard.

Then they were directed to withdraw.

Dixwell discharged.

Ordered, That the said I. Dixwell be (upon his delivering to the Clerk the remaining Copies of the Pamphlet published by him) discharged from his Attendance on this House.

Publishers of Three other Pamphlets relative to the said Cause to attend.

Ordered, That the said William Bogle, E. and C. Dilly in the Poultry, and I. Wilkie in Saint Paul's Church-yard, do attend this House on Thursday next.

Moved To adjourn to Thursday next.

Accordingly,

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, primum diem Decembris, jam prox. sequen. hora undecima Aurora, Dominis sic decernentibus.