House of Lords Journal Volume 26
December 1744

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History of Parliament Trust

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Year published

1767-1830

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410-420

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'House of Lords Journal Volume 26: December 1744', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 410-420. URL: http://www.british-history.ac.uk/report.aspx?compid=114201 Date accessed: 20 April 2014. Add to my bookshelf


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December 1744

DIE Martis, 4o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Cant.
Arch. Ebor.
Epus. Roffen.
Epus. Exon.
Epus. Norwic.
Epus. Bristol.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Devon.
Dux Argyll.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Suffolk.
Comes Northampton.
Comes Sandwich.
Comes Carlisle.
Comes Aylesbury.
Comes Abingdon.
Comes Coventry.
Comes Home.
Comes Strafford.
Comes Rockingham.
Comes Pomfret.
Comes Graham.
Comes Bath.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Maynard.
Ds. Strange.
Ds. Berkeley.
Ds. Bathurst.
Ds. Ducie.
Ds. Walpole.
Ds. Hobart.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

The King's Answer to the Address.

The Lord Chancellor reported, "That the House did, on Wednesday last, present to His Majesty their humble Address; to which His Majesty was pleased to return the following most Gracious Answer; (videlicet,)

"My Lords,

"I heartily thank you, for this dutiful and affectionate Address. The Zeal which you have so seasonably expressed for My Person and Government, for carrying on this just and necessary War, and for the vigorous Support of My Allies, give Me the greatest Satisfaction; and your Unanimity in doing this, cannot fail to add greatly to the good Effects of it, both at Home and Abroad."

Ordered, That the said Address, and His Majesty's most Gracious Answer thereunto, be forthwith printed and published.

Le Blon, Leave for a Naturalization Act.

Upon reading the Petition of Sir John Charles Le Blon, Knight of the Holy Roman Empire; praying Leave to bring in a Bill, for his Naturalization:

It is Ordered, That Leave be given to bring in a Bill, as desired.

Accounts of prohibited East India Goods and Naval Stores delivered.

The House was informed, "That some of the Commissioners of the Customs attended."

They were called in; and delivered, at the Bar, pursuant to several Acts of Parliament,

"The Report of the said Commissioners; with the Accounts of prohibited East India Goods and Naval Stores imported, from Michaelmas 1743, to Michaelmas 1744."

And then they were directed to withdraw.

And the Titles of the said Accounts were read, by the Clerk, and are as follow; (videlicet,)

"No 1. An Account of prohibited East India Goods remaining in the East India Warehouses at Saint Hellens, London, at Michaelmas 1743; what have been since brought in, what exported, as also what remained at Michaelmas 1744."

"No 2. An Account of prohibited East India Goods remaining in the East India Warehouses at Leadenhall, London, at Michaelmas 1743; what have been since brought in, what exported, as also what remained at Michaelmas 1744."

"No 3. An Account of prohibited East India Goods remaining in His Majesty's Warehouse in the Port of London, at Michaelmas 1743; what have been since brought in, what exported, as also what remained at Michaelmas 1744."

"No 4. An Account of East India Goods, prohibited to be worn in this Kingdom, remaining in the respective Warehouses in the Out Ports, at Michaelmas 1743; what have been since brought in, what exported, as also what remained at Michaelmas 1744."

"No 5. An Account of prohibited East India Goods, which have been delivered out of the Warehouses at Saint Hellens, Leaden-hall Street, Fenchurch Street, and Custom House, in the Port of London, since Michaelmas 1743, in order to be dyed, glazed, refreshed, &c.; what have been returned, and what remained out of the said Warehouses at Michaelmas 1744."

"No 6. An Account of Naval Stores imported from Russia, into the Port of London, from Michaelmas 1743, to Michaelmas 1744."

"No 7. An Account of Naval Stores imported from Russia, into the Ports of England (commonly called the Out Ports), from Michaelmas 1743, to Michaelmas 1744."

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

Time to receive Petitions limited.

Ordered, That no Petition for a Private Bill shall be received by this House, after Friday the 8th Day of February next, during this Session of Parliament.

E. Selkirk made Respondent to the E. of Cassills' & al. Appeal.

A Petition of John Earl of Selkirk and Ruglen, was presented, and read; setting forth, "That an Appeal of the said Earl, together with John Earl of Cassills and Susan Countess of Cassills his Wife, was presented to this House the 6th of February last, complaining of several Interlocutors of the Lords of Session in Scotland; and that the Petitioner conceives, he is not concerned in the Matters complained of in the said Appeal, but, being a Party in the Cause below, was made Co-appellant with the said Earl and Countess the Petitioner's Daughter;" and praying, "That his Name as Appellant may be struck out of the said Appeal."

And thereupon the Agents for the several Parties were called in, and heard; at the Bar.

And being withdrawn;

Ordered, That the Petitioner's Name be omitted in the said Appeal, as desired; and that the Appellants be at Liberty to make the said Petitioner Respondent.

Le Blon, Nat. Bill.

The Lord Willoughby of Parham (according to Order) presented to the House a Bill, intituled, "An Act for naturalizing Sir John Charles Le Blon."

And the same was read the First Time.

Viscountess Doneraile against the Viscount.

The House being moved, "That a Day may be appointed, for hearing the Cause wherein Catherine Sarah Lady Viscountess Dowager Doneraile is Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent:"

It is Ordered, That this House will hear the said Cause, by Counsel, at the Bar, the First Day for Causes after the Recess at Christmas.

Marshall & al. against Vaughan & al.

The like Motion and Order, for hearing the Cause wherein Thomas Marshall and others are Appellants, and the Reverend John Vaughan Clerk and others Respondents, on the Second Day for Causes after the said Recess.

Respondents to Moore's Appeal to answerperemptorily.

The House being informed, "That Henry Lynch Esquire, commonly called Sir Henry Lynch Baronet, and Dame Mary his Wife, and Frances Moore, by her Guardian Laughlin Naughton Gentleman, have not put in their Answer to the revived Appeal of Michael Moore Esquire, though duly served with the Order of this House for that Purpose:"

And thereupon an Affidavit, made by George Cuttler of Clancoran, of the due Service of the said Order, being read:

Ordered, That the said Respondents do peremptorily put in their Answer or respective Answers to the said Appeal, in a Week.

Adjourn.

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

DIE Mercurii, 5o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Dux Dorset, Senescallus.
Dux St. Albans.
Dux Leeds.
Dux Devon.
Dux Argyll.
Dux Newcastle.
Dux Manchester.
Dux Bridgewater.
March. Tweeddale.
March. Lothian.
Comes Pembroke.
Comes Northampton.
Comes Winchilsea.
Comes Carlisle.
Comes Aylesbury.
Comes Coventry.
Comes Jersey.
Comes Strafford.
Comes Granville.
Comes Bath.
Ds. Willoughby Par.
Ds. Gower.
Ds. Bathurst.
Ds. Romney.
Ds. Ducie.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Grant against Duguid.

The Answer of Patrick Duguid of Auchinhove, to the Appeal of Alexander Grant Sheriff Depute of Aberdeen and John Thain his Substitute, was brought in.

Le Blon's Nat. Bill.

Sir John Charles Le Blon took the Oaths appointed, in order to his Naturalization.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Sir John Charles Le Blon."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

L. President.
L. Steward.
D. St. Albans.
D. Leeds.
D. Devon.
D. Argyll.
D. Bridgewater.
E. Pembroke.
E. Northampton.
E. Winchilsea.
E. Carlisle.
E. Aylesbury.
E. Coventry.
E. Jersey.
E. Strafford.
E. Granville.
E. Bath.
L. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Worcester.
L. Bp. Chichester.
L. Bp. Landaff.
L. Bp. St. Asaph.
L. Willoughby Par.
L. Gower.
L. Bathurst.
L. Romney.
L. Ducie.
L. Monson.
L. Fitzwilliam.
L. Edgecumbe.
L. Sandys.

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

Cooke & al. against Smee.

Upon reading the Petition and Appeal of Richard Cooke and Nathaniel Wilkes Esquires; complaining of a Decree of the Court of Exchequer, of the 24th of November 1743, made in a Cause wherein Thomas Smee Clerk was Plaintiff, and the Appellants Defendants; and also of an Order of the same Court, made on re-hearing the said Cause, so far as the same, or either of them, directs that the Appellants shall come to an Accompt with the said Thomas Smee, for the Arrears of the several Quantities of Corn and Money, from the Time the said Thomas Smee was instituted and inducted into the Vicarage of Chishull Magna, in the County of Essex; and so far as the said Decree makes the Appellant Wilkes liable to the Payment thereof before he became Impropriator of the Rectory of Chishull Magna aforesaid; and praying, "That the same may be reversed in those Points; and that the Appellant Cooke may not be compelled to answer the said Smee's Demands established by the said Decree, but from the Time of filing the Plaintiff's Original Bill; and that the Appellant Wilkes may not be compelled to answer the same before he became the Impropriator of the said Rectory, nor to pay the said Smee any Costs before the Appellant Wilkes was made a Party to the said Suit; or that this House will make such other Order for the Appellant's Relief, as to their Lordships great Wisdom and Justice shall seem meet:"

It is Ordered, That the said Thomas Smee may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Wednesday the 19th Day of this Instant December.

Hunter & al. against Binny & al.;

A Petition of Andrew Hunter Provost, and other Magistrates, of the Borough of Forfar, was presented, and read; setting forth, "That they having brought their Appeal before this House, from certain Interlocutors of the Lords of Session in Scotland, made in behalf of Alexander Binny and others, the Matters in Dispute were by the Parties referred to His Majesty's Advocate and Mr. Solicitor General in Scotland, who have since made their Award, with which both Sides are satisfied, and acquiesce therein;" and praying, "That the said Appeal may be dismissed, the Respondents consenting thereto."

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

And being withdrawn:

Appeal dismissed.

Ordered, That the said Appeal be dismissed accordingly.

Watson & al. against Glass & al.

After hearing Counsel upon the Petition and Appeal of Thomas Watson Writer to the Signet, as Trustee for George Hamilton of Reidhouse Esquire, Apparent Heir and Representative of the deceased Captain Thomas Hamilton of Reidhouse, his Grandfather; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 20th of July 1742; and also of another Interlocutor of the same Lord Ordinary, of the 26th of November following, whereby he adhered to his former Interlocutor; and likewise of an Interlocutor of the Lords of Session, of the 15th of June 1743; and of another Interlocutor of the same Lords, of the 23d of November following, whereby they adhered to their said Interlocutor, made on the Behalf of Thomas Glass and others, the Children and Representatives of Mr. Adam Glass Minister at Aberlady, deceased, by Helen Hamilton, only Daughter of the said Captain Thomas Hamilton, and others; and praying, "That the same might be reversed; and that the Appellant might have such other Relief as to the Wisdom of the House should seem just:" As also upon the Answer of John Glass of Sauchie, Thomas Glass Wright in Stirling, and his Sisters, Children of the said Mr. Adam Glass by the said Helen, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That the said Petition and Appeal be, and is hereby, dismissed this House; and that the several Interlocutors therein complained of be, and the same are hereby, affirmed: And it is further Ordered, That the Appellants do pay, or cause to be paid, to the Respondents, the Sum of Fifty Pounds, for their Costs in respect of the said Appeal.

Adjourn.

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

DIE Mercurii, 7o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Bath. & Wells.
Epus. Bangor.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Devon.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Suffolk.
Comes Northampton.
Comes Berkeley.
Comes Portmore.
Comes Granville.
Ds. Willoughby Par.
Ds. Gower.
Ds. Hobart.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Le Blon's Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Sir John Charles Le Blon," 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."

Ordered, That the said Bill be engrossed.

Sir Duncan Campbell & al. against Armstrong.

A Petition of Sir Duncan Campbell of Lochnell, Daniel Campbell of Shawfield, and Alexander McMillan, Esquires, was presented, and read; alleging, "That the Matters in Difference upon their Appeal, to which Edmund Armstrong is Respondent, have been agreed and made up, to the Satisfaction of all Parties;" and praying, That the said Appeal may be dismissed."

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

And being withdrawn:

Ordered, That the Hearing of the said Cause be put off, from Monday next, to the First vacant Day for Causes after the Recess at Christmas.

Ouchterlony against Hunter & al. Mistake in the Appeal, to rectify.

A Petition of George Ouchterlony, was presented, and read; setting forth, "That the Respondents to his Appeal were served with the Order of this House, for answering thereto, in which there was a Mistake in the Description of One of the Parties, (videlicet,) Veronica Murray, against whom the said Appeal was revived; she being therein called Mother of the Two Infants mentioned in the said Order, whereas she is only their Aunt;" and praying, "That the said Mistake may be rectified; and that she may be made a Party, under the Description of the Widow of the deceased Robert Hunter."

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

And being withdrawn:

Ordered, That the said Mistake, in the said Description, be rectified, as desired.

Couper against Hunter & al.

After hearing Counsel in Part, upon the Petition and Appeal of Mr. David Couper of Newgrange; complaining of several Interlocutors of the Lord Ordinary and Lords of Session in Scotland, to which Alexander Hunter of Balskelly and others are Respondents:

It is Ordered, That the further Hearing of the said Cause be adjourned to Monday next.

Adjourn.

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

DIE Lunæ, 10o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Sarum.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Lincoln.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Argyll.
Dux Newcastle.
Dux Bridgewater.
March. Tweeddale.
Comes Northampton.
Comes Shaftesbury.
Comes Jersey.
Comes Loudoun.
Comes Strafford.
Comes Granville.
Comes Halifax.
Comes Pomfret.
Viscount Lonsdale.
Ds. Willoughby Par.
Ds. Gower.
Ds. Bathurst.
Ds. Ducie.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Officers of the Works, to prepare Presses for Journals.

The House was informed, "That the Clerk Assistant, having by him a compleat and correct Copy of the Journals of this House, is willing to put them up in the Clerk's Room, for the Use of their Lordships, if they will be pleased to direct the Officers of His Majesty's Board of Works to cause Presses, or Shelves, to be prepared for that Purpose."

Ordered, That the Officers of the said Works do prepare Presses, or Shelves, for the placing of the said Journals accordingly.

Jones & al. against Bennet & al. Judges to attend.

Ordered, That the Judges do attend this House on Wednesday next, at the Hearing of the Cause wherein Jasper Jones Esquire and others are Appellants, and John Bennet and others are Respondents.

Le Blon's Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Sir John Charles Le Blon."

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

It was Resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Burroughs:

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

Countess Dowager of Roscommon against Fowke.

Upon reading the Petition and Appeal of Angel Countess Dowager of Roscommon in the Kingdom of Ireland; complaining of a Decree of the Court of Chancery in that Kingdom, of the 3d of February 1742, made in a Cause wherein the Appellant was Plaintiff, and Thomas Fowke Esquire Defendant; and praying, That the said Decree may be rectified; and that the Appellant may be relieved in such Manner as to the House in their great Wisdom shall seem meet:

It is Ordered, That the said Thomas Fowke may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 14th Day of January next; and that Service of this Order on his Clerk in Court be deemed good Service.

Hutchinson against Domville.

Upon reading the Petition and Appeal of Hartley Hutchinson Esquire; complaining of several Orders of the Court of Chancery in Ireland, of the 13th of May, 10th and 11th of June, 24th of October, 16th and 26th of November, and 4th of December, 1741; and also of a Decretal Order of the same Court, pronounced on the said 4th of December, on hearing the Matter of the Master's Report and Exceptions; and also of another Decretal Order of the said Court, of the First of June last, pronounced on hearing the Master's Second Report and Exceptions, made in a Cause wherein William Domville Esquire was Plaintiff, and the Appellant Defendant, et è contra; and praying, "That the same may be varied, altered, and amended; and that the Appellant may have such further Relief as shall be agreeable to Justice and Equity:"

It is Ordered, That the said William Domville may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Monday the 14th Day of January next; and that Service of this Order on his Clerk in Court be deemed good Service.

Couper against Hunter & al.

After hearing Counsel further, in the Cause wherein Mr. David Couper of Newgrange is Appellant, and Alexander Hunter of Balsskelly and others are Respondents:

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, undecimum diem instantis Decembris, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 11o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Leeds.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
Comes Northampton.
Comes Chesterfield.
Comes Aylesbury.
Comes Jersey.
Comes Strafford.
Comes Loudoun.
Comes Pomfret.
Comes Bath.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Gower.
Ds. Hay.
Ds. Romney.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Couper against Hunter & al.

After hearing Counsel, as well on Friday last as Yesterday and this Day, upon the Petition and Appeal of Mr. David Couper of Newgrange; complaining of an Interlocutor of the Lord Ordinary in Scotland, of the 9th of July 1741; and of another Interlocutor of the said Lord Ordinary, of the 25th of the same Month; and of another Interlocutor of the same Lord, of the 27th of November following, adhering to his First Interlocutor; and likewise of another Interlocutor made by him on the same Day; and of Three Interlocutors of his Lordship, of the 11th of January 1741/2; and likewise of another Interlocutor of the same Lord, of the 6th of February following, adhering to One of the last mentioned Interlocutors; and also of an Interlocutor of the Lords of Session in Scotland, of the 8th of June 1742, whereby they adhered to the said Lord Ordinary's last Interlocutor; and likewise of an Interlocutor of the same Lords, of the 14th of June 1743; and an Interlocutor of their Lordships, of the 25th of the same Month, adhering to their last Interlocutor; and also of Three Interlocutors of the said Lord Ordinary, of the 5th, 13th, and 14th of July following, made on the Behalf of Alexander Hunter of Balsskelly and others, Tenants and Possessors of the Lands in Question; and praying, "That the said Interlocutors might be reversed, varied, or altered, or such other Relief given to the Appellant as to this House should seem just:" As also upon the Answer of the said Alexander Hunter put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in Parliament assembled, That so much of the said Interlocutors complained of in the said Appeal, whereby it is found, "That it is not competent to the Appellant, in Right of the partial Conveyances to Janet Lambe's and Captain Crammond's Adjudications, to plead that the Respondent is satisfied and paid off his Debts by Intromission, with the Rent or Price of Balsskelly," be, and the same is hereby, reversed: And it is hereby Declared, That it is competent for the Appellant, in Right of the partial Conveyances to Janet Lambe's and Captain Crammond's Adjudications, to plead that the Respondent is satisfied and paid off his Debts by Intromission, with the Rent or Price of Balsskelly: And it is hereby further Ordered and Adjudged, That the Respondent do count and reckon with the Appellant, for his Intromissions with the Rent or Price of Balsskelly; and that the Court of Session do give the proper Directions for taking the said Accompt, and for making to all the Parties all just Allowances therein, and for applying the clear Produce of such Intromissions towards the Satisfaction of the Respondents Demands, in such Manner as shall be agreeable to Justice, and the Course of the said Court: And it is hereby further Ordered and Adjudged, That the said Court of Session do inquire, whether the Respondent or his Father hath allowed or accompted for the Sum of One Hundred and Fifty-six Pounds, Three Shillings, and Ten Pence, Scots, mentioned in the Respondent's Father's Letter, dated the 9th of July 1726: And if it shall appear, that the said Sum, or any Part thereof, hath not been allowed or accompted for, then it it is hereby Ordered and Adjudged, That so much be discounted and deducted out of the Respondents Demands: And it is hereby further Ordered and Adjudged, That all such other Parts of the said several Interlocutors as are inconsistent with this Order and Judgement, and particularly so much thereof as relates to the Expences of this Suit, be, and the same are hereby, reversed; and that the rest of the said Interlocutors be, and the same are hereby, affirmed: And it is hereby further Ordered, That the said Court of Session do give all the necessary and proper Directions for carrying this Judgement into Execution; and that the Consideration of the Expences of the said Suit be, and the same is hereby, suspended and reserved till after the Accompt before directed shall have been taken, pursuant to this Judgement.

Wood against Wilson.

Upon reading the Petition and Appeal of George Wood in Garpel; complaining of certain Interlocutors of the Lords of Session in Scotland, of the 17th and 28th of July 1744, and 9th of November last, made on the Behalf of Janet Wilson; and praying, "That the said Interlocutors may be reversed; and that the Appellant may have such Relief as to the Wisdom of this House shall seem just:

It is Ordered, That the said Janet Wilson may have a Copy of the said Appeal; and she is hereby required to put in her Answer thereunto, in Writing, on or before Tuesday the 8th Day of January next; and that Service of this Order on her Procurators in the said Court of Session be deemed good Service.

Benson & al. against Capt. Vernon.

Upon reading the Petition and Appeal of William Benson Esquire, One of the Auditors of the Imprest in His Majesty's Exchequer in England, and Stephen Whatley Gentleman; complaining of an irregular Process of Contempt in the Court of Exchequer in Ireland, in the Appeal mentioned; and of a Decree of the said Court, of the 15th of July 1742, and Enrolment thereof, the Chief Remembrancer's Report, and the Order for confirming the same; and from the Refusal of the said Court to set the same aside, made on the Behalf of Captain John Vernon; and praying, "That the said Process, Decree, Enrolment, Report, and Order, may be set aside; and that the Appellants, notwithstanding the said Refusal, may now be at Liberty to file their Answers; and that the same may be ordered to be received; or that the Appellants may be otherwise relieved as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said Captain John Vernon may have a Copy of the said Appeal; and he is hereby required to put in his Answer thereunto, in Writing, on or before Tuesday the 15th Day of January next; and that Service of this Order on his Attorney in the said Court of Exchequer be deemed good Service.

Whithorne to enter into Recognizance for the Countess of Roscommon.

The House being moved, "That Conway Whithorne of The Inner Temple London Gentleman may be permitted to enter into a Recognizance for the Countess of Roscommon, on account of her Appeal depending in this House; she being in Ireland:"

It is Ordered, That the said Conway Whithorne may enter into a Recognizance for the said Countess, as desired.

Westley for Cooke and Wilkes;

The like Motion and Order, for John Westley of The Middle Temple London Gentleman to enter into a Recognizance for Richard Cooke and Nathaniel Wilks; they being in the Country.

and Bangham for Benson and Whatley.

The like Motion and Order, for John Bangham Esquire to enter into a Recognizance for William Benson and Stephen Whatley; for a Reason of the same Nature.

Jones & al. against Bennet & al.

Hearing put off.

Ordered, That the Hearing of the Cause wherein Jasper Jones Esquire and others are Appellants, and John Bennet and others Respondents, which stands for To-morrow, be put off to Monday the 28th Day of January next; and that the Judges do then attend this House.

Adjourn.

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

DIE Veneris, 14o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Wigorn.
Epus. Norwic.
Epus. Landavens.
Epus. Bath. & Wells.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Leeds.
Dux Devon.
Dux Argyll.
Dux Bridgewater.
Comes Northampton.
Comes Chesterfield.
Comes Sandwich.
Comes Aylesbury.
Comes Coventry.
Comes Loudoun.
Comes Stair.
Comes Granville.
Comes Bath.
Comes Leicester.
Viscount Hatton.
Viscount Lonsdale.
Ds. Willoughby Par.
Ds. North & Guil.
Ds. Strange.
Ds. Ward.
Ds. Gower.
Ds. Hay.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Fitzwilliam.
Ds. Edgecumbe.

PRAYERS.

E. of Stair takes the Oaths.

John Earl of Stair took the Oaths, and made and subscribed the Declaration, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Heineken & al. Nat. Bill:

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

With a Bill, intituled, "An Act for naturalizing Christian Heineken and Dominick Joseph Lieutaud;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Petitions of Persons to be added to it.

Upon reading the Petition of Johann Christian Faulwasser; praying Leave that his Name may be inserted in the above-mentioned Bill:

It is Ordered, That the said Petition do lie on the Table, till the said Bill be read a Second Time.

Upon reading the Petition of Henry Geutjes, Francis Grose, and John James Trembley; praying, "That their Names may be likewise inserted in the said Bill:"

It is Ordered, That the said Petition do lie on the Table, till the Bill be read a Second Time.

The several Petitioners were called in, and took the Oaths appointed, in order to their Naturalization.

Catanach & al. against Gordon & al.

Upon reading the Petition and Appeal of Mr. James Catanach Doctor of Laws and Advocate in Aberdeen, and of Mr. Alexander Burnet Sub-principal, Doctor James Gregory Professor of Medicine, both of the King's College of Old Aberdeen, and of Mr. Alexander Rait, Mr. Daniel Broadfoot, and Mr. John Chalmers, Regents or Professors and Teachers, in the said College; complaining of an Interlocutor of the Lords of Session in Scotland, of the 20th of July last; and of another Interlocutor of the same Lords, of the 4th of this Instant December, adhering to their fomer Interlocutor, made on the Behalf of Charles Hamilton Gordon Advocate at Edinburgh; and praying, "That the same may be reversed, and such other Relief given the Appellants as to the House in their great Wisdom shall seem meet:"

It is Ordered, That the said Charles Hamilton Gordon and Robert Paterson may have a Copy of the said Appeal; and they are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Friday the 11th Day of January next; and that Service of this Order on their Agent or any of their Lawyers in the said Court of Session be deemed good Service.

Countess Dowager of Roscommon against Fowke:

The House being informed, "That Mr. Josiah Richardson attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Angel Countess Dowager of Roscommon is Appellant, and Thomas Fowke Esquire Respondent:"

Pleadings proved.

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

And then he was directed to withdraw.

Adjourn.

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

DIE Lunæ, 17o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffens.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Cicestriens.
Epus. Landavens.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Devon.
Dux Newcastle.
Dux Chandos.
March. Tweeddale.
Comes Northampton.
Comes Warwick.
Comes Aylesbury.
Comes Shaftesbury.
Comes Jersey.
Comes Strafford.
Comes Graham.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Gower.
Ds. Bathurst.
Ds. Fitzwilliam.

PRAYERS.

Heineken & al. Nat. Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for naturalizing Christian Heineken and Dominick Joseph Lieutaud."

Ordered, That the said Bill be committed to the Consideration of the Lords following; (videlicet,)

L. Steward.
D. Devon.
D. Newcastle.
D. Chandos.
M. Tweeddale.
E. Northampton.
E. Warwick.
E. Aylesbury.
E. Shaftesbury.
E. Jersey.
E. Strafford.
E. Graham.
L. Bp. Rochester.
L. Bp. Exeter.
L. Bp. Worcester.
L. Bp. Norwich.
L. Bp. Chichester.
L. Bp. Landaff.
L. Willoughby Par.
L. North.
L. Maynard.
L. Gower.
L. Bathurst.
L. Fitzwilliam.

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

Ordered, That the Petitions of the Persons, praying to be added to the said Bill, presented to the House on Friday last, and then ordered to lie on the Table, be referred to the said Committee.

Proceedings of the Commissioners for building Westminster Bridge, delivered.

The House being informed, "That Sir Joseph Ayloffe, from the Commissioners for building a Bridge at Westminster, attended:"

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

"A State of the Proceedings of the said Commissioners, from November 16th 1743, to November 14th 1744, both inclusive."

Also, "Contracts made by the said Commissioners, between November 16th 1743, and November 14th 1744."

And also, "Accompts of the Treasurer to the said Commissioners, from September 29th 1743, to September 29th 1744."

And then he was directed to withdraw.

And the Titles of the said Proceedings, Contracts, and Accompts, were read.

Ordered, That the same do lie on the Table.

Catanach to enter into Recognizance for Catanach;

The House being moved, "That Mr. George Catanach Merchant in London may be permitted to enter into a Recognizance for Mr. James Catanach and others, on account of their Appeal depending in this House; they residing in Scotland:"

It is Ordered, That the said George Catanach may enter into a Recognizance for the said Appellants, as desired.

and Blyke for Wood.

The like Motion and Order, for Mr. Samuel Blyke to enter into a Recognizance for Mr. George Wood, for the same Reason.

Land Tax Bill.

A Message was brought from the House of Commons, by Mr. Gibbon 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 Forty-five;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Adjourn.

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

DIE Martis, 18o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Wigorn.
Epus. Cicestriens.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Senescallus.
Dux Argyll.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Carlisle.
Comes Aylesbury.
Comes Oxford.
Comes Halifax.
Comes Bath.
Comes Portsmouth.
Viscount Fauconberg.
Viscount Lonsdale.
Viscount Torrington.
Ds. Willoughby Par.
Ds. North.
Ds. Maynard.
Ds. Gower.
Ds. Bathurst.
Ds. Hobart.
Ds. Fitzwilliam.
Ds. Sandys.

PRAYERS.

Cooke & al. against Smee.

The Answer of Thomas Smee Clerk, to the Appeal of Richard Cooke and Nathaniel Wilkes Esquires, was brought in.

Robinson & al. Petition referred to Judges.

Upon reading the Petition of Elizabeth Robinson the Younger, Widow and Relict of William Robinson late of Gwersilt in the County of Denbigh, for herself and on the Behalf of Elizabeth Robinson an Infant, her Daughter and only Child by the said William Robinson, Elizabeth Robinson the Elder, Widow and Relict of John Robinson late of Gwersilt aforesaid, deceased, Father of the said William Robinson, and One of the Two surviving Daughters and Coheirs of Dame Dorothy Jeffreys late of Acton in the said County of Denbigh Widow, deceased, Philip Egerton Esquire and Frances Egerton his Wife, the other surviving Daughter and Coheir of the said Dame Dorothy Jeffreys, Ellis Yonge Esquire and Dorothy Yonge his Wife, One of the Two surviving Daughters of the said John Robinson, deceased, by the said Elizabeth Robinson, Cawley Humberston Cawley Esquire and Anne Cawley his Wife, the other surviving Daughter of the said John Robinson by the said Elizabeth, George Shakerley Esquire, Sir Watkin Williams Wynne Baronet, Barrington Flake Esquire, Sir John Barrington Baronet, and John Nodes Esquire; praying Leave to bring in a Bill, for Sale of certain Estates, in the Petition mentioned, in the Counties of Denbigh, Flint, Chester, Salop, and Anglesea, or a competent Part thereof, for discharging Debts and Encumbrances affecting the same; and for other Purposes in the Petition expressed:

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 Abney; 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.

Heineken & al. Nat. Bill.

The Lord Willoughby of Parham reported from the Lords Committees to whom the Bill, intituled, "An Act for naturalizing Christian Heineken and Dominick Joseph Lieutaud," was committed: "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; and that they had gone through the Bill, and made some Amendments thereunto."

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

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 Forty-five."

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

Hutchinson against Domville.

The House being informed, "That a Person attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein Hartley Hutchinson Esquire is Appellant, and William Domville Esquire Respondent:"

Pleadings proved:

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

And then he was directed to withdraw.

Adjourn.

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

DIE Mercurii, 19o Decembris.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Arch. Ebor.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Lincoln.
Epus. Asaphen.
Epus. Meneven.
Ds. Hardwicke, Cancellarius.
Comes Northampton.
Comes Warwick.
Comes Shaftesbury.
Comes Oxford.
Comes Granville.
Ds. Willoughby Par.
Ds. Strange.
Ds. Berkeley Str.
Ds. Sandys.

PRAYERS.

Heineken & al. Nat. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for naturalizing Christian Heineken and Dominick Joseph Lieutaud."

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

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

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

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Owen & al. Petition referred to Judges.

Upon reading the Petition of Humphrey Owen of Bodidda in the County of Caernarvon Esquire and Anne Owen his Wife, Daughter of Thomas Wynne late of Dyffrynaled in the County of Denbigh Esquire, deceased, and of William Bulkley of Llanelidan in the said County of Denbigh Clerk; praying Leave to bring in a Bill, to sell or mortgage a settled Estate in the said Counties of Caernarvon and Denbigh, or a competent Part thereof, in the Petition mentioned; to discharge Debts and Encumbrances; and for other Purposes in the Petition expressed:

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 Abney; with the usual Directions, according to the Standing Order.

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 Forty-five."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and directed him to report the same to the House, without any Amendment."

Adjourn.

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

DIE Jovis, 20o Decembris.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Litch. & Cov.
Epus. Exon.
Epus. Wigorn.
Epus. Norwic.
Epus. Bristol.
Epus. Landavens.
Epus. Bath & Wells.
Epus. Asaphen.
Epus. Meneven.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Harrington, Præses.
Comes Cholmondeley, C. P. S.
Dux Dorset, Senescallus.
Dux Richmond.
Dux Devon.
Dux Montagu.
Dux Argyll.
Dux Newcastle.
Dux Chandos.
Dux Bridgewater.
March. Tweeddale.
Comes Pembroke.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Winchilsea.
Comes Cardigan.
Comes Carlisle.
Comes Aylesbury.
Comes Shaftesbury.
Comes Coventry.
Comes Jersey.
Comes Loudoun.
Comes Dunmore.
Comes Stair.
Comes Oxford.
Comes Strafford.
Comes Granville.
Comes Graham.
Comes Effingham.
Comes Bath.
Viscount Fauconberg.
Viscount Hatton.
Viscount Lonsdale.
Viscount Falmouth.
Viscount Torrington.
Ds. Clinton.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley Str.
Ds. Conway.
Ds. Foley.
Ds. Bathurst.
Ds. Hobart.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Land Tax Bill:

Hodie 3a 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 Fortyfive."

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. Spicer and Mr. Edwards:

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

Viscountess Doneraile against Visc. Doneraile.

Upon reading the Petition of Catherine Sarah Lady Viscountess Doneraile Appellant, and Arthur Mohun Lord Viscount Doneraile Respondent; setting forth, "That their Cause stands to be heard the First Causeday after the approaching Recess; and that the Papers and Deeds belonging to the Petitioners are not yet transmitted from Ireland;" and praying, "That the said Hearing may be adjourned to such further Time as to this House shall seem meet:"

It is Ordered, That the Hearing of the said Cause be put off accordingly to Monday the 21st Day of January next.

Marshall & al. against Vaughan & al.

Upon reading the Petition of Thomas Marshall and others Appellants, and the Reverend John Vaughan Clerk and others Respondents; setting forth, "That their Cause is set down for Hearing the Second Day for Causes after the Recess at Christmas; and that the Papers and Deeds belonging to the Petitioners are not yet come from Ireland; that the Cause is of great Length and Intricacy, and the Agents in Ireland are instructed to come over to assist therein; wherefore the Petitioners apprehend, they shall not be prepared for the Hearing under Six Weeks;" and praying, "That the said Hearing may be put off to such further Day as to this House shall seem meet:"

It is Ordered, That the same be put off accordingly to the First vacant Day for Causes after those already appointed.

Hutchinson against Domville:

The House being informed, "That Mr. Hartley Hutchinson attended, in order to deliver in Copies of several Papers, Pleadings, and Proceedings, in the Cause wherein he is Appellant, and William Domville Esquire Respondent:"

Pleadings proved.

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

And then he was directed to withdraw.

Messages from H. C. to return Le Blon & al. Nat. Bill;

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

To return the Bill, intituled, "An Act for naturalizing Sir John Charles Le Blon;" and to acquaint this House, that they have agreed to the same, without any Amendment.

and Heineken & al. Nat. Bill.

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

To return the Bill, intituled, "An Act for naturalizing Christian Heineken and Dominick Joseph Lieutaud;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended with His Officers of State; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places; the Lords being also in their Robes; commanded the Gentleman Usher of the Black Rod to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a short Introduction in relation to the Land Tax Bill, delivered the same to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow; (videlicet,)

Bills passed.

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

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

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

"2. An Act for naturalizing Sir John Charles Le Blon."

"3. An Act for naturalizing Christian Heineken, Dominick Joseph Lieutaud, Henry Geutjes, and others."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire; and the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

L. Archibald Hamilton against E. Selkirk & al.:

Upon reading the Petition of Archibald Hamilton Esquire, commonly called Lord Archibald Hamilton; setting forth, "That John Earl of Selkirk and Ruglen, a Respondent to the Petitioner's Appeal, is lately dead, leaving Anne Countess Dowager of March, One of his Daughters, sole Executrix and universal Legatee;" and praying, "That the Petitioner may have Leave to revive the said Appeal, by making her Respondent thereto; and (fn. 1) put in her Answer:"

Appeal revived.

It is Ordered, That the said Appeal be revived accordingly; and that the said Countess Dowager of March be made a Respondent, as desired; and do put in her Answer to the said Appeal, in Writing, on or before Thursday the 17th Day of January next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad & in diem Lunæ, decimum quartum diem Januarii jam prox. sequen. hora undecima Auroræ, Dominis sic decernentibus.

Footnotes

1 Sic.