Journal of the House of Lords Volume 33, 1770-1773. Originally published by His Majesty's Stationery Office, London, 1767-1830.
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'House of Lords Journal Volume 33: December 1770, 11-20', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online https://prod.british-history.ac.uk/lords-jrnl/vol33/pp24-34 [accessed 23 December 2024].
'House of Lords Journal Volume 33: December 1770, 11-20', in Journal of the House of Lords Volume 33, 1770-1773( London, 1767-1830), British History Online, accessed December 23, 2024, https://prod.british-history.ac.uk/lords-jrnl/vol33/pp24-34.
"House of Lords Journal Volume 33: December 1770, 11-20". Journal of the House of Lords Volume 33, 1770-1773. (London, 1767-1830), , British History Online. Web. 23 December 2024. https://prod.british-history.ac.uk/lords-jrnl/vol33/pp24-34.
In this section
Die Martis, 11o Decembris 1770.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of a former Commission.
Carstairs against Bruce.
Upon reading the Petition and Appeal of James Bruce Carstairs Esquire of Kinross, complaining of Two Interlocutors of the Lord Ordinary in Scotland, of the 21st of February, and 29th of November 1769; and Also of Part of an Interlocutor of the Lords of Session there, of the 6th of this infant December, and Draying, 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 Anna Bruce may be required to answer the said Appeal:
It is Ordered, That the said Anna Bruce may have a Copy of the said Appeal, and do put in her Answer othereto, in Writing, on or before Tuesday the 9th Day of January next; and Service of this Order upon any of the known Counsel or Agents of the said Respondent, in the said Court of Session in Scotland, shall be deemed good Service.
Motion to address His Majesty to expedite Succours to the Mediterranean and the West Indies.
Moved, That an humble Address be presented to His Majesty, that He will be graciously pleased to give Order for quickening the Preparations for putting our valuable and important Possessions in the Mediterranean and the West Indies in a proper State of Defence, and particularly, for expediting without Loss of Time, all Succours necessary for the Security of Gibralta.r
Which being objected to:
After long Debate;
The Question was put thereupon.
It was resolved in the Negative;
Then it was moved, To adjourn to Thursday Morning next
Accordingly,
Adjourn.
Dominus Mansfield Capitalis justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, decimum tertium diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.
Die Jovis, 13o Decembris 1770.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of a former Commission.
Lowick Enclosure Bill.
The Lord Sandys reported from the Lords Committees to whom the Bill, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds within the Manor and Parish of Lowick, in the County of Northampton; was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true. That the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Sudbury to Bury Saint Edmunds Road Bill.
The Lord Sandys also reported from the Lords Committees, to whom the Bill, intituled, An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, intituled, An Act for repairing and widening the high Road leading from the North End of Ballingdon Bridge in Sudbury, in the County of Suffolk, to the South Gate in Bury Saint Edmunds, 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.
Tring, &c. Road Bill.
The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act to continue and render more effectual an Act paired in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring, in the County of Hertford, through Dunstable, Hitchin, Baldock, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Welbury Lane, to the Turnpike Road at the South End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Reads in the Royston District of Roads, in the said Act particularly mentioned, was committed.
White et al. Petition referred to Judges.
Upon reading the Petition of Baylor White the elder, of Lincolns Inn, Esquire,and others; praying leave to bring in a Bill for effectuating 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. Baron Perrott, who are forthwith to summon all Parties concerned in the Bill; and, after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties, who may be concerned in the Consequences of the Bill, have signed the Petition; and Also that the Judges, having perused the Bill, do sign the same.
Nullum Tempus Act of the 9th of the King to amend, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to amend so much of an Act made in the Ninth Year of His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty-first Year of the Reign of King James the First, intituled, An Act for the general Quiet of the Subjects, against all Pretences of Concealment whatsoever, as relates to the prosecuting His Majestys Right, Title, or Claim, to any Messages, Lands, Tenements, or Hereditaments, within the Precinct, District, or Liberty of the Savoy, in the County of Middlesex, or to any the Appurtenances to the same therein mentioned:
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
For the better Supply of Mariners and Seamen, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships, and other Trading Ships and Vessels.
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Portmans Nat. Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for naturalizing Gerard Portman.
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 next at Ten oclock in the Forenoon, in the Princes Lodgings near the House of Peers and to adjourn as they please.
Malt Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy one; to which they desire the Concurrence of this House.
Winchester Streets, Bill.
A Message was brought from the House of Commons, by Mr. Penton and others:
With a Bill, intituled, An Act for the better paving, repairing, cleansing, lighting, and watching the Streets and other publick Passages within the City of Winchester, and also within the several Parishes of Saint Bartholomew Hyde, Saint Johns in the Soke, Saint Peters Cheesehill, Saint Swithin, and Saint Michael in the West Soke, in the Suburbs of the said City; and for preventing Nuisances and Annoyances therein, and for widening and rendering the same more commodious; to which they desire the Concurrence of this House.
Slipton Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Pulteney and others:
With a Bill, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton, in the County of Northampton: to which they desire the Concurrence of this House.
The said Three Bills were severally read the first Time.
Accounts for Paving Westminster Streets, &c. delivered.
The House being informed, That Mr. Box from the Commissioners for Paving Westminster Streets attended:
He was called in; and delivered at the Bar, pursuant to Act of Parliament, the Proceedings and Accounts of the said Commissioners.
Copy of the Proceedings of the Commissioners for putting in Execution the several Acts of Parliament, made in the 2d, 3d, 4th, and 5th Years of His present Majestys Reign for paving, cleansing, and lighting the Squares, Streets, Lanes, and other Places within the City and Liberty of Westminster, &c. from the 23d Day of January 1770, to the 27th Day of November 1770, both inclusive.
Also, An Account of all Contracts and Agreements made by the said Commissioners, from the 23d Day of January 1770, to the 27th Day of November 1770, both inclusive.
And then he withdrew.
And the Titles thereof being read by the Clerk:
Ordered, That the said Accounts do lie on the Table.
Committee of Privileges to meet to examine the Pedigree of Peers.
Ordered, That the Committee of Privileges do meet on Monday next, to examine the Pedigrees of William Duke of Devonshire, Henry Duke of Newcastle, George Harry Earl of Stamford, Charles Earl of Carlisle, George James Earl of Cholmondeley, George Earl of Jersey, Robert Earl of Harborough, William Earl Fitzwilliam, Francis Earl of Hertford, William Viscount Courtenay, John Lord Audley, Henry Lord Paget, Edwin Lord Sandys, Thomas Lord Grantham, William Lord Boston, and Thomas Lord Pelham.
Longlands to enter into Recognizance on Carstairs Appeal.
The House being moved, That Thomas Longlands may be permitted to enter into a Recognizance for James Bruce Carstairs Esquire, on Account of his Appeal depending in this House, he living in Scotland:
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.
Witnesses to attend on Knights Divorce Bill.
Ordered, That Henry Godfrey Faussett, Elizabeth Worgan, James Davies, Elizabeth Davies, Thomas West, Richard Thomson, Meliora Eaton, Rachael Lee, and Elizabeth Richards, do attend this House on the First Day of Meeting after the Recess at Christmas,in order to be examined as Witnesses upon the Second Reading of the Bill, intituled An Act to dissolve the Marriage of Henry Knight Esquire, with Catherine Lynch his now Wife, and to enable him to marry again; and for other Purposes therein mentioned.
Adjourn
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, decimum quartum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.
Die Veneris, 14o Decembris 1770.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS
The Lord Mansfield sat Speaker, by virtue of a former Commission.
Irish Act Provisions, Importation of, Bill.
A Message was brought from the House of Commons, by Mr. Townshend and others:
With a Bill, intituled, An Act to continue for a further Time an Act made in the Eighth Year of His present Majestys Reign, intituled An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time, and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time; to which they desire the Concurrence of this House.
Lockington Enclosure Bill.
A Message was brought from the House of Commons, by Mr. Hotham and others:
With a Bill, intituled, An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds, within the several Townships of Lockington and Ayke, in the East Riding of the County of York, and for extinguishing the Right of Common or Average, upon certain ancient EnclosureS within the said Township of Lockington; to which they desire the Concurrence of this House.
The said Two Bills were severally read the First Time.
Crinsozs Nat. Bill.
The Lord Boston reported from the Lords Commits tees, to whom the Bill, intituled, An Act for naturalizing Lewis Benjamin Crinsoz, 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.
Malt Bill.
Hodie 2a vice lecta est Billa, intituled An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-one:
Moved, That the said Bill be read the Third Time on Monday next:
The same was agreed to, and ordered accordingly.
Winchester Street Bill.
Hodie 2a vice lecta est Billa, intituled,An Act for the better paving, repairing, cleansing, lighting, and watching the Streets and other Publick Passages within the City of Winchester, and Also within the several Parishes of Saint Bartholomew Hyde, Saint Johns in the Soke, Saint Peters Cheesehill, Saint Swithin, and Saint Michael in the West Soke, in the Suburbs of the said City; and for preventing Nuisances and Annoyances therein, and for widening and rendering the same more commodious.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
| D. Atho. | L. Bp. Chester. | L. Harwich. |
| E. Denbigh. | L. Bp. Lincoln. | L. Willoughby Pr. |
| E Rochford. | L. Masham. | |
| E. Abercorn. | L. Sandys. | |
| E. Marchmont. | L. Mansfield, | |
| L. Boston. |
Their Lordships, or any Five of them, to meet on Monday next at Ten oClock in the Forenoon, in the Princes Lodgings near the House of Peers; and to adjourn as they please;
Slipton Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton, in the County of Northampton.
Ordered, that the said Bill be committed to the Consideration of the Lords Committees aforenamed:
Their Lordships, or any Five of them, to meet on the same Day at the same Place; and to adjourn as they please.
Sudbury to St. Edmunds Burry Road Bill.
Hodie 3a vice lecta est Bilta, intituled, An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, intituled; An Act for repairing and widening the High Road leading from the North End of Ballingdon Bridge in Sudbury,in the Country of Suffolk, to the South Gate in Bury Saint Edmunds, in the said County.
The question was put,Whether this Bill shall pass?
It was resolved in the Affirmative.
Lowick Enclosure Bill.
Hodie 3a vice lecta est Billa intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds within the Manor and Parish of Lowick, in the County of Northampton.
The question was put,Whether this Bill shall pass?
It was resolved in the Affirmative.
Tring &ct Road Bill.
Hodie 3a vice lecta est Billa, intituled An Act to continue and render more effectual an Act passed in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring, in the County of Hertford, through Dunstable, Hitchin, Baldock, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Wellbury Lane to the Turnpike Road at the South End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Roads in the Royston District of Roads, in the said Act particularly mentioned.
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 Three preceding Bills.
A Message was sent to the House of Commons, by Mr. Holford and Mr. Pechell:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
For the better Supply of Mariners and Seamen, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War,and on Board Merchant Ships, and other Trading Ships and Vessels:
After some Time the House was resumed:
And the Lord Bostonreported from the Committee, That they had gone through the Bill, and directed him to report the same to the, House, without any Amendment.
Nullum Tempus Act of the 9th of the King to amend, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to amend so much of an Act made in the Ninth Year of His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty-first Year of the Reign of King James the First, intituled, An Act for the general Quiet of the Subjects, against all Pretences of Concealment whatsoever, as relates to the prosecuting His Majestys Right, Title, or Claim, to any Messages, Lands, Tenements or Hereditaments, within the Precinct, District, or Liberty of the Savoyin the County of Middlesex, or to any the Appurtenances to the same therein mentioned:
After some Time the House was resumed:
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Hasilrige against Vander Hoeven.
Upon reading the Petition of Cornelis Vander Hoeven, Defendant in a Writ of Error depending in this House, wherein Charles Hasilrige is Plaintiff:
Walle and Reilly against Booke.
And Also, Upon reading the Petition of Samuel Brooke, Defendant in a Writ of Error depending in this House, wherein Henry Watte and Peter Reilly are Plaintiffs; setting forth, That the Plaintiffs have not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writs of Error may be Non-prosd, with such Costs as to their Lordships shall seem meet:
Writs oF Error Non prossed with Costs.
It is Ordered, That the Petitioners do forthwith enter a Non-pros. on the said Writs of Error as desired; and that the Records be remitted to the Court of Kings Bench, to the End Execution may be had upon the Judgements given by that Court, as if so 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 said Defendants, the Sum of Twenty Pounds each for their Costs, by reason of the Delay of the Execution of the said Judgements.
Lockington Enclosure Bill, the Kings Consent signified to it.
The Earl of Rochford acquainted the House, That His Majesty having been informed of the Contents of the Bill, intituled, An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds, within the several Townships of Lockington and Ayke, in the East Riding of the County of York; and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township of Lockington, was pleased to consent (as far as His Majestys Interest is concerned) that their Lordships may proceed therein as they shall think fit.
Adjourn.
Dominus Mansfield Capitalis justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, decimum septimum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.
Die Lunae, 17o Decembris 1770.
Domini tam Spirituales quam Temporales prsentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of a former Commission.
Isdall against Fitzgerald.
The Answer of Oliver Fitzgerald Esquire, to the Appeal of Oliver Isdall Esquire, was this Day brought in.
Ross against Ross.
As was Also, The Answer of David Ross to the Appeal of Elizabeth Ross, and Hugh Ross Esquire Merchant in London, her husband.
Lord Lovel and Holland takes the Oaths.
This Day John James Lord Lovel and Holland sat first in Parliament, after the Death of his Father John Lord Lovel and Holland; his Lordship having first, at the Table, taken the Oaths, and made and subscribed the Declaration, and Also taken and subscribed the Oath of Abjuration, pursuant to the Statutes.
Garter King at Arms delivered in at the Table his Lordships Pedigree, pursuant to the Standing Order.
Slipton Enclosure Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton in the County of Northampton was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and directed him to report the same to the House without any Amendment.
Winchester Streets Bill.
The Lord Sandys Also reported from the Lords Committees, to whom the Bill, intituled, An Act for the better paving, repairing, cleansing, lighting, and watching the Streets and other publick Passages within the City of Winchester; and Also within the several Parishes of Saint Bartholomew Hyde, Saint Johns in the Soke, Saint Peters Cheesehill, Saint Swithin, and Saint Michael in the West Soke, in the Suburbs of the said City, and for preventing Nuisances and Annoyances therein; and for widening and rendering the same more commodious, 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.
Portmans Naturalization Bill.
The Lord Sandys made the like Report from the Lords Committees, to whom the Bill, intituled, An Act for naturalizing Gerard portman, was committed;
Malt Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for continuing and granting to His Majesty certain Duties upon Malt, Muni, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy one;
The question was put; Whether this Bill shall pass?
It was resolved in the Affirmative;
Nullum Tempus Act of the 9th to the King to amend, Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to amend so much of an Act made in the Ninth Year of His present Majestys Reign intituled, An Act to amend and render more effectual an Act made in the Twenty first Year of the Reign of King James the First intituled An Act for the general Quiet of the Subjects against all Presences of Concealment whatsoever, as relates to the prosecuting His Majestys Right Title, or Claim to any Messages, Lands, Tenements, or Hereditaments within the Precinct, District, or Liberty of the Savoy in the County of Middlesex, or to any the Appurtenances to the same therein mentioned.
The question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
For the better Supply of Manners and Seamen, Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships and other Trading Ships and Vessels.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Crinsozs Naturalization Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Lewis Benjamin Crinsoz.
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 Four preceding Bills.
A Message was sent to the House of Commons, by Mr. Browning and Mr. Montague:
To acquaint them, that the Lords have agreed td the said Bills without any Amendment.
Lockington Enclosure Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds within the several Townships of Lockington and Ayke in the East Riding of the Country of York, and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township of Lockington.
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 Prince Lodgings near the house of Peers; and to adjourn as they please;
Irish Provisions, Importation of Bill.
Hodie 1a vice lecta est Billa, intituled, An Act to continue for a further Time, an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland for a limited Time, and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America for a limited Time.
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 Wednesday next.
Ouchterlony against Willock et al. Cross Appeal.
Upon reading the Petition and Cross Appeal of John Ouchterlony, Merchant in Montrose, complaining of certain Parts of Two Interlocutors of the Lords of Session in Scotland of the 14th of December 1769 and 21st of February last, and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relies in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that Robert Willock, and Patrick and John Stratons, may be required to answer the said Appeal:
It is ordered, That the said Robert Willock, and Patrick and John Stratons, 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 14th Day of January next; and Service of this Order upon any of the known Counsel or Agents of the said Respondents, in the said Court of Session in Scotland, shall be deemed good Service.
Bills passed by Commission.
The Lord Mansfield acquainted the House, That His Majesty had been pleased to issue a Commission to several Lords, therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament.
The House was adjourned during Pleasure.
The House was resumed.
Then Three of the Lords Commissioners being in their Robes, and seated on a Form placed between the Throne and the Woolsack, the Lord Mansfield in the Middle, with the Earl of Marchmont on his Right Hand,and the Lord Harwich on his Left, commanded the Gentleman Usher of the Black Rod to signify to the Commons, The Lords Commissioners desire their immediate Attendance in this House to hear the Commission read.
Who being come with their Speaker,
The Lord Mansfield said,
My Lords, and Gentlemen of the House of Commons,
His Majesty not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned, and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts in the Presence of You the Lords and Commons assembled for that Purpose: Which Commission you will now hear read.
Then the said Commission was read by the Clerk as follows:
GEORGE R.
George the Third, by the Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, and so forth; To Our Right Trusty and Right Well beloved the Lords Spiritual and Temporal, and to Our Trusty and Well beloved the Knights, Citizens, and Burgesses, and the Commissioners for Shires, and Burghs of the House of Commons, in this present Parliament assembled, Greeting. Whereas, We have seen and perfectly understood divers and sundry Acts agreed and accorded on by you Our Loving Subjects the Lords Spiritual and Temporal, and the Commons in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly enque; (that is to say,) An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-one An Act for the better Supply of Mariners and Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships, and other Trading Ships and Vessels. An Act to amend so much of an Act made in the ninth Year of His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty-first Year of the Reign of King James the First, intituled, An Act for the General Quiet of the Subjects against, all Pretences of Concealment whatsoever, as relates to the prosecuting His Majestys Right, Title, or Claim to any Messuages, Lands, Tenements, or Hereditaments within the Precinct, District, Or Liberty of the Savoy in the County of Middlesex, or to any the Appurtenances to the same therein mentioned. An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present intituled, An Act for repairing and widening the High Road leading from the North End of Ballingdon Bridge in Sudbury in the County of Suffolk, to the South Gate in Bury Saint Edmunds in the said County. An Act to continue and render more effectual an Act passed in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring in the County of Hertford, through Dunstable, Hitchin, Baldeck, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Wellbury Lane to the Turnpike Road at the South End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Roads in the Royson District of Roads in the said Act particularly mentioned. An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Lowick in the County of Northampton. An Act for naturalizing Lewis Benjamin Crinsoz. And albeit, the said Acts by you Our said Subjects the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts: And forasmuch as for divers Causes and Considerations, We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the Place accustomed to give Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses, and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts and every Article, Clause, Sentence, and Provision therein contained, from henceforth mail be of the same Strength, Force, and Effect, as if We had been personally present in the said Higher House, and had openly and publickly in the Presence of you all assented to the same. And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons, aforesaid, as to all others whom it may concern; commanding also by these Presents Our Trusty and Well-beloved Sir Sidney Stafford Smyths Knight, One of the Barons of Our Court of Exchequer; Henry Bathurst Esquire, One of the Justices of Our Court of Common Pleas; and Sir Richard Aston Knight, One of the Justices of Our Court of Kings Bench; Commissioners for the Custody of Our Great Seal of Great Britain, to seal these our Letters Patent with Our Great Seal of Great Britain; and also commanding the Most Reverend Father in God, Our Right Trusty and Well-beloved Counsellor Frederick Archbishop of Canterbury, Primate and Metropolitan of all England; Our Right Trusty and Right Well-beloved Cousins and Counsellors Granville Earl Gower, president of Our Council; George Dunk Earl of Halifax, Keeper of Our Privy Seal; Our Right Trusty and Right Entirely-beloved Cousins and Counsellors, Augusttis Henry Duke of Grafton, Thomas Duke of Leeds, John Duke of Rutland, Peregrine Duke of Ancaster and Kesteven, Great Chamberlain of England; Our Right Trusty and Right Well-beloved Cousins and Counsellors William Earl Talbot, Steward of our Household; Francis Seymour Earl of Hertford, Chamberlain of our Household; Robert Earl of Holdernesse, William Henry Earl of Rochford, One of Our Principal Secretaries of State; Hugh Earl of Marchmont, George William Earl of Bristol, Thomas Viscount Weymouth, One other of Our Principal Secretaries of State; and Our Right Trusty and Well-beloved Counsellors Wills Lord Harwich, One other of Our Principal Secretaries of State and William Lord Mansfield, Our Chief Justice, assigned to hold Pleas before Us; or any Three or more of them, to declare and notify this Our Royal Assent, in Our Absence in the said Higher House, in the Presence of you the said Lords and the Commons of Our Parliament there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words in Our Name as is requisite and hath been accustomed for the same, and Also to enroll these Our Letters Patent and the said Acts in the Parliament Roll; these and Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf; and finally, We do declare and will that, After this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted, and admitted good, sufficient, and perfect Acts of Parliament and Laws, to all Intents, Constructions, and Purposes, and to be put in due Execution accordingly; the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof not withstanding. In Witness whereof, We have called these Our Letters to be made Patent.
Witness Ourself at Westminster, the Seventeenth Day of December, in the Eleventh Year of Our Reign.
By the King Himself, signed with His own Hands.
Yorke;
Then the Speaker said,
In obedience to his Majestys Commands, and by virtue of the Commission which has been now read, We do declare and notify to you the Lords Spiritual and Temporal, and Commons, in Parliament assembled, That His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned, and the Clerks are required to pass the same in the usual Form and Words;
Then the Clerk Assistant, having received the Money Bill from the Hands of the Speaker, brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow:
1. An Act for continuing and granting to His Majesty certain Duties upon Malt, Mum, Cyder, and Perry, for the Service of the Year One thousand seven hundred and seventy-one.
To this Bill the Royal Assent was pronounced by the Clerk Assistant in these Words; (videlicet,)
Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult.
2. An Act for the better Supply of Mariners and, Seamen to serve in His Majestys Ships of War, and on Board Merchant Ships and other Trading Ships and Vessels.
3. An Act to amend so much of an Act made in the Ninth Year of His present Majestys Reign, intituled, An Act to amend and render more effectual an Act made in the Twenty-first Year of the Reign of King James the first, intituled, An Act for the general Quiet of the Subjects against all Pretences of Concealment whatsoever, as relates to the prosecuting His Majestys Right, Title, or Claim to any Messages, Lands, Tenements, or Hereditaments within the Precinct, District, or Liberty of the Savoy in the County of Middlesex, or to any the Appurtenances to the same therein mentioned.
4. An Act for enlarging the Term and Powers of an Act made in the Second Year of the Reign of His present Majesty, intituled, An Act for repairing and widening the High Road leading from the North End of Ballingdon Bridge in Sudbury in the bounty of Suffolk, to the South Gate in Bury Saint Edmundss in the said County.
5. An Act to continue and render, more effectual an Act passed in the Ninth Year of His present Majesty, for repairing the Roads leading from the Turnpike Road in Tring, in the County of Hertford, through Dunstable, Hitchin, Baldock, and Royston, to the Turnpike Road at or near Bournbridge, and from the West End of Wellbury Lane, to the Turnpike Road at the south End of Barton, in the Counties of Hertford, Bucks, Bedford, and Cambridge, so far as the same relates to the repairing the Roads in the Royston District of Roads in the said Act particularly mentioned.
To these Bills the Royal Assent was pronounced severally by this Clerk Assistant in these Words (videlicet,)
Le Roy le veult.
6. An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Lowick in the County of Northampton.
7. An Act for naturalizing Lewis Benjamin Crinson.
To these Bills the Royal Assent waS pronounced severally by the Clerk Assistant in these Words (videlicet,)
Soit fait comme il est desire,
Then the Commons withdrew.
Moved To adjourn to Wednesday next.
Accordingly,
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit praesens Parliamentum continuandum esse usque ad et in diem Mercurii, decimum nonum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.
Die Mercurii, 19o Decembris 1770.
Domini tam Spirituales quam Temporales praelig;sentes fuerunt:
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of a former Commission.
Lockinghton Enclosure Bill.
The Lord Sandys reported from the Lords Committees, to whom the Bill, intituled, An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds within the several Townships of Lockington and Ayke, in the East Rising of the County of York, and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township of Lockington, was committed: That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parlies 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.
Winchester Streets Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for the better paving, repairing, cleansing, lighting, and watching, the Streets and other Publick Passages within the City of Winchester, and Also within the several Parishes of Saint Bartholomew Hyde, Saint Johns in the Soke, Saint Peters Cheesehill, Saint Swithin, and Saint Michael in the West Soke, in the Suburbs of the said City, and for preventing Nuisances and Annoyances therein; and for widening and rendering the same more commodious.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Slipton Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the Common and Open Fields, Commonable Lands, and Waste Grounds, within the Manor and Parish of Slipton in the County of Northampton.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Portmans Naturalization Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for naturalizing Gerard Portman.
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 three preceding Bills.
A Message was sent to the House of Commons, by Mr. Anguish and Mr; Browning:
To acquaint them, that the Lords have agreed to the said Bills without any Amendment.
Pulteney et Ux. Petition referred to Judges.
Upon reading the Petition of William Pulteney Esquire, and Frances his Wife, for themselves and on Behalf of Henrietta Laura Pulteney their Infant Daughter, 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. Baron Smythe, who are forthwith to summOn all Parties concerned in the Bill; and after hearing them, are to report to the House the State of the Case, with their Opinion thereupon, under their Hands, and whether all Parties who may be concerned in the Consequences of the Bill have signed the Petition, and Also that the Judges, having perused the Bill, do sign the same.
Orphans Fund, Blackfryars Bridge &c. Accounts delivered.
The House being informed, That Mr. Montagu, from the Chamberlain of the City of London, attended:
He was called in; and delivered at the Bar, pursuant to Acts of Parliament:
1. An Account of the Surplus of the Fund for the Relief of the Orphans and other Creditors of the City of London on the 5th Day of July 1770.
2. An Account of Money received and paid in pursuance of the Acts for building and completing a Bridge at Blackfriars, from the 28th Day of September 1769 exclusive, to the 28th Day of September 1770 inclusive.
3. An Account of Money received and paid in pursuance of an Act for embanking Part of the North Side of the River Thames, from the 28th Day of September 1769 exclusive, to the 28th Day of September 1770 inclusive.
4. An Account of Money received and paid in pursuance of an Act for rebuilding the Gaol of Newgate in the City of London, from the 28th Day of September 1769 exclusive, to the 28th Day of September 1770 inclusive.
5. An Account of Money received and paid in pursuance of an Act for better paving, cleansing, and enlightening the City of London and the Liberties thereof, &c. from the 28th Day of September 1769, to the 28th of September 1770 inclusive.
6. An Account of Money received and paid in pursuance of an Act for repairing the Royal Exchange in the City of London, from the 28th Day of September 1769 exclusive, to the 28th Day of September 1770 inclusive.
And then he Withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the Table.
Irish Provisions, Importation of, Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act to continue for a further Time an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter, from the British Dominions in America, for a limited Time:
After some Time, the House was resumed.
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
To enable Mr. Fitz Roy to shut up Foot paths, Bill.
A Message was brought from the House of Commons, by the Lord Beauchamp and others:
With a Bill, intituled, An Act to impower Charles Fitz Roy Esquire, to shut up certain Footpaths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex, and to oblige him to make and keep in Repair for the future a Foot-path in lieu thereof: To which they desire the Concurrence of this House.
Land Tax Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, 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 seventy-one: To which they desire the Concurrence of this House.
Marine Mutiny Bill.
A Message was brought from the House of Commons, by Mr. Stephens and others:
With a Bill, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore: To which they desire the Concurrence of this House.
Mutiny Bill.
A Message was brought from the House of Commons, by Sir Charles Whitworth and others:
With a Bill, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters: To which they desire the Concurrence of this House.
The said Four Bills were severally read the First Time.
Land Tax Bill.
Hodie 2a 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 seventy-one:
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Commitee upon the said Bill To-morrow.
Marine Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore:
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Mutiny Bill.
Hodie 2a vice lecta est Billa, intituled, An Act for punishing Mutiny and Desertion,and for the better Payment of the Army and their Quarters:
Ordered, That the said Bill be committed to a Committee of the whole House.
Ordered, That the House be put into a Committee upon the said Bill To-morrow.
Nicolson against Nicolson.
Upon reading the Petition and Appeal of Margaret Porterfield alias Steuart Nicolson, Wife of Houston Steuart Nicolson Esquire, complaining of Two Interlocutors of the Commissaries in Scotland, of the 4th of July and 15th of August last, and Also of Part of an Interlocutor of the Lords of Session there,of the 6th of this infant Decemberand praying, That the same may be reversed, varied, or altered, or that the Appellant may have such Relies in the Premises, as to this House, in their Lordships great Wisdom shall seem meet; and that Houston Steuart Nicolson Esquire, may be required to answer the said Appeal:
It is Ordered, That the said Houston Steuart NicolsonEsquire, may have a Copy of the said Appeal, and do put in his Answer thereto, in Writing, on or before Wednesday the i6th Day of January next; and Service of this Order upon the said Respondent, or upon his known Agent in the said Court of Session in Scotland, shall be deemed good Service.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.
Die Jovis 20o Decembris 1770.
Domini tam Spirituales quam Temporales prsentes fuerunt:
| Epus. Bath. & Wells. | Comes Abercorn. | Ds. Willoughby Pr. |
| Epus. Cestrien. | Comes Hardwicke. | Ds. Sandys. |
| Epus. Wigorn | Viscount Weymouth. | Ds. Mansfield. |
| Ds. Lyttleton. | ||
| Ds. Boston. |
PRAYERS.
The Lord Mansfield sat Speaker, by virtue of a former Commission.
To enable Mr. Fitz Roy to shut up Foot paths, Bill.
Hodie 2a vice lecta est Billa, intituled, An Act to impower Charles Fitz Roy Esquire,to shut up certain Foot paths in the Parish of Saint Pancras, alias Kentish Town, in the County of Middlesex and to oblige him to make and keep in Repair for the future a Foot path in lieu thereof.
Ordered, That the said Bill be committed to the Consideration of the Lords following:
| E. Abercorn. | L. Bp. Bath & Wells. | L. Willoughby Par. |
| E. Hardwicke. | L. Bp. Chester. | L. Sandys. |
| V. Weymouth. | L. Bp. Worcester. | L. Mansfield. |
| L. Lyttelton. | ||
| L. Boston. |
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.
Sir Francis, Blake Delaval et al. Petition for a Bill.
Upon reading the Petition of Sir Francis Blake Delaval, Knight of the most Honourable Order of the Bath, eldest Son and Heir of Francis Blake Delaval Esquire, deceased, Sir John Hussey Delaval Baronet, on Behalf of himself and of John Delaval Esquire, his Infant Son, and of Sophia, Elizabeth, Frances, and Saran Hussey Delaval, the Infant Daughters of the said Sir John Hussey Delaval, Edward Delaval, Thomas Delaval; Sir Edward Astley Baronet, on Behalf of his Infant Sons Francis Astley and acob Astley, by Dame Rhoda his late Wife, deceased; Sir William Stanhope Knight of the said Order of the Bath, and Dame Anne Hussey Stanhope his Wife, and the Right Honourable John Earl Mexborough in the Kingdom of Ireland, and the Right Honourable Saran, Countess Mexborough, Wife of the said Earl, on Behalf of themselves and their Infant Sons, the Right Honourable John Viscount Pollington, and the Honourable Henry Savile; praying Leave to bring in a Bill for the Purposes in the said Petition mentioned:
It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer, and Mr. Justice Ashurst, 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.
Lockington Enclosure Bill.
Hodie 3a vice lecta est Billa, intituled, An Act for dividing and enclosing the several Open Fields, Meadows, Pastures, Commons, Carrs, and other unenclosed Grounds, within the several Townships of Lockington and Ayke, in the East Riding of the County of York; and for extinguishing the Right of Common or Average upon certain ancient Enclosures within the said Township of Lockington.
The Question was put, Whether this Bill shall pass?
It was resolved in the Affirmative.
Irish Provisions, &c. Bill.
Hodie 3a vice lecta est Billa, intituled, An Act to continue for a further Time an Act made in the Eighth Year of His present Majestys Reign, intituled, An Act to continue and amend an Act made in the Fifth Year of the Reign of His present Majesty, intituled, An Act for Importation of Salted Beef, Pork, Bacon, and Butter, from Ireland, for a limited Time; and for allowing the Importation of Salted Beef, Pork, Bacon, and Butter from the British Dominions in America for a limited Time.
The Question was put,Whether this Bill shall pass?
It was resolved in the Affirmative.
Message to H. C. that the Lords have agreed to the Two preceding Bills.
A Message was ordered to be sent to the House of Commons, by Mr. Anguish and Mr. Browning:
To acquaint them, That the Lords have agreed to the said Bills, without any Amendment.
Longlands to enter into Recognizance on Nicolsons Appeal.
The House being moved, That Thomas Longlands may be permitted to enter into a Recognizance for Margaret Porterfield alias Steuart Nicolson, on Account of her Appeal depending in this House, she residing in Scotland:
It is Ordered, That the said Thomas Longlands may enter into a Recognizance for the said Appellant, as desired.
Land Tax Bill.
The House (according to Order) was adjourned, during Pleasure, and put into a Committee upon the Bill, 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 seventy-one.
After some Time, the House was resumed.
And the Lord Boston reported from the Committee, That they had gone through the Bill; and directed him to report the same to the House, without any Amendment.
Marine Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for the Regulation of His Majestys Marine Forces while on Shore.
After some Time, the House was resumed.
And the Lord Boston reported from the Committee That they had gone through the Bill; and directed him to report the same to the House without any Amendment.
Mutiny Bill.
The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, An Act for punishing Mutiny and Desertion, and for the better Payment of the Army and their Quarters.
After some Time, the House was resumed.
And the Lord Boston reported from the Committee, That they had gone through the Bill, and directed him to report the same to the House, without any Amendment.
Adjourn.
Dominus Mansfield Capitalis Justiciarius Banci Regii declaravit praesens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum primum diem instantis Decembris, hora undecima Auror, Dominis sic decernentibus.