House of Lords Journal Volume 33: January 1773

Die Martis, 19^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Hay against M. Tweeddale

The Answer of George Marquis of Tweeddale to the Appeal of Robert Hay of Drummelzier Esquire was this Day brought in:

Stewart et al. against Countess Dowager of Moray.

As was also the Answer of Margaret Countess Dowager of Moray, Widow of James Earl of Moray, to the Appeal of John Bane Stewart and others:

Magistrates of Rutherglen against Cullen et al.

And also, the Answer of James Cullen and others to the Appeal of the Magistrates and Town Council of the Borough of Rutherglen:

Laurie against Laurie and Mac Ghie.

And also, the Answer of Ann Laurie and Captain James Mac Ghie her Husband to the Appeal of Andrew Laurie.

Tankard against Marshall

Upon reading the Petition of Mary Marshall Widow Executrix, Defendant in a Writ of Error depending in this House, wherein William Tankard Gentleman is Plaintiff:

King against Fisher.

Also, upon reading the Petition of Robert Fisher Gentleman, Defendant in a Writ of Error depending in this House, wherein Richard King is Plaintiff:

Jones against Fisher.

And also, upon reading the Petition of Robert Fisher Gentleman, Defendant in a Writ of Error depending in this House, wherein Nathaniel Jones is Plaintiff; setting forth, That the Plaintiffs in Error have not assigned Errors within the Time limited by the Standing Order; and therefore praying, That the said Writs of Error may be Nonprosd, with such Costs as to their Lordships shall seem meet:

Writs of Error nonprossd with Costs.

It is Ordered, That the Petitioners do forthwith enter a Nonpros. 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 (fn. 1) Judgements given by that Court, as if no such Writs of Error had been brought into this House: And further, That the Plaintiffs in Error do pay, or cause to be paid, to the Defendants in Error, the Sum of Twenty Pounds for their Costs by Reason of the Delay of the Execution of the said (fn. 1) Judgements.

Lincoln against Keogh; Petition to amend Appeal.

Upon reading the Petition of Mary Frances Lincoln Widow, Appellant in a Cause depending in this House, to which John Keogh is Respondent; setting forth, That the Petitioner presented her Appeal to their Lordships on the 14th Day of December last, from Two Orders of the Court or Exchequer in Ireland, of the 2d and 6th of June 1772; that the Petitioner is advised to amend her said Appeal, by adding another Order of the said Court of Exchequer of the 12th of December last, being Two Days before the Petitioner presented her Appeal to their Lordships, and which the Petitioners Agent had no Notice of till the 31st of December last, during the Recess; and therefore praying their Lordships, That she may be at Liberty to amend her said Appeal, by inserting the said Order of the 12th of December last, the Petitioner amending the Respondents Copy:

It is Ordered, That the Petitioner be at Liberty to amend her said Appeal, by inserting the said Order of the 12th of December last as desired, she amending the Respondents Copy.

Vavasours Petition referred to Judges.

Upon reading the Petition of Walter Vavasour of Weston, in the County of York, Esquire; 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 Justice of the Court of Common Pleas and Mr. Justice Blackestone, 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.

Countess Dowager of Moray against Stewart et al Cross Appeal.

Upon reading the Petition and Cross Appeal of Margaret Countess Dowager of Moray, Widow of James Earl of Moray, complaining of Part of an Interlocutor of the Lords of Session in Scotland, of the 23d of July 1772, and praying, That the same may be reversed, varied, or altered, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem Just; and that John Bane Stewart, Donald, Alexander, Robert, Duncan, James, Walter, Janet, and Mary Stewarts, and Allen Cameron and John Cameron for their Interests, may be required to Answer the said Appeal:

It is Ordered, That the said John Bane Stewart, Donald, Alexander, Robert, Duncan, James, Walter, Janet, and Mary Stewarts, and Allen Cameron and John Cameron, may have a Copy of the said Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Tuesday the 16th Day of February next; and Service of this Order upon the said Respondents, or upon their Counsel or Agents in the said Court of Session in Scotland, shall be deemed good Service.

Magistrates of Rutherglen against Cullen et al.

The House being moved, That a Day may be appointed for hearing the Cause wherein the Magistrates and Town Council of the Borough of Rutherglen are Appellants, and James Cullen and others are Respondents:

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

Laurie against Laurie and Mac Ghie.

The House being moved, That a Day may be appointed for hearing the Cause wherein Andrew Laurie is Appellant, and Anne Laurie and Captain James Mac Ghie her Husband are Respondents:

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

Bruce against Carstairs.

The House being informed, That James Bruce Carstairs, Respondent to the Appeal of Miss Anna Bruce, Daughter of the deceased Sir John Bruce of Kinross Baronet, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Thomas Beath of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Pleadings proved in Three Causes.

The House being informed, That Walter Sweetman Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in Two Causes, in the First of which William Burton Esquire and others are Appellants, and William Lane Esquire is Respondent; and in the other, the Right Honourable Joseph Lord Milton is Appellant, and Moore Edgworth and others are Respondents:

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

And then he withdrew.

The House being informed, That Forde Gilbert Gentleman attended, in order to deliver in Copies of Pleadings and Proceedings in a Cause wherein James Cusack and his Wife are Appellants, and Forde Gilbert is Respondent:

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

And then he withdrew.

Bp. Peterborough to preach on 30th January.

Ordered, That the Lord Bishop of Peterborough be, and he is hereby desired to preach before this House on Saturday the 30th of this instant January, in the Abbey Church Westminster.

Adjourn.

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

Die Mercurii, 20^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

E. Plymouth takes his Seat

This Day Other Lewis Earl of Plymouth sat first in Parliament after the Death of His Father Other Lewis Earl of Plymouth, 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.

Countess Dowager of Morton et al. against E. Morten and Pringle.

After hearing Counsel in Part, in the Cause wherein Bridges Countess Dowager of Morton and others are Appellants, and Sholto Charles Earl of Morton and Robert Pringle are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off till To-morrow, and that the Counsel be called in at Half an Hour past One oClock.

Adjourn.

Doroinus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Jovis, vicesimum primum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Jovis, 21^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentcs fuerunt:

PRAYERS,

Countess Dowager of Morton et al. against E. Morton and Pringle.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Bridges Countess Dowager of Morton, Sir Gilbert Heathcote Baronet, and John Heathcote Esquire, Guardians to Mr. John Douglas Second lawful Son of the deceased James Earl of Morton, and Samuel Michelson Clerk to the Signet, their Attorney, complaining of an Interlocutor of the Lords of Session in Scotland, of the 19th of June 1771; and praying, That the same might be reversed, varied, or altered, or that the Appellants might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem Just; as also, upon the Answer of Sholto Charles Earl of Morton, and Robert Pringle of Clifton, put in to the said Appeal; and due Consideration had of what was offered on either Side in this Cause:

Interlocutor affirmed.

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

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum secundum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 22^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Cusack et Ux. against Gilbert.

After hearing Counsel in Part, in the Cause wherein James Cusack and his Wife are Appellants, and Forde Gilbert, Son and Heir at Law and Administrator of Robert Gilbert deceased, is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off till Monday next; and that the Cause which stands for Monday next be put off till Wednesday next; and that the Rest of the Causes be removed in Course.

Smith et Ux. Petition referred to Judges.

Upon reading the Petition of Charles Smith and Elizabeth his Wife, on Behalf of themselves and of William Smith, Charles Smith, and Thomas Smith, their Children, all Infants, under the Age of Twenty-one Years; 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 Adams, 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.

Hemming et Ux Petition referred to Judges.

Upon reading the Petition of Samuel Hemming of Twickenham, in the County of Middlesex, Clerk, and Maria his Wife; 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 Mr. Baron Adams and Mr. Justice Nazes, 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.

Sir Charles Cockss Petition referred to Judges.

Upon reading the Petition of Sir Charles Cocks Baronet; praying Leave to bring in a Bill for the Purposes in the Petition mentioned:

It is Ordered, That the Consideration of the said Petition be, and is hereby referred to the Lord Chief Baron of the Court of Exchequer and Mr. Justice Willes, 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.

Laurie against Laurie et al. Petition to amend Appeal.

Upon reading, the Petition of Andrew Laurie, Appellant in a Cause depending in this House, to which Ann Laurie and others are Respondents, which stands appointed for hearing; setting forth, That the Petition of Appeal in this Cause having been prepared and signed by Counsel here before the Decree arrived, some Mistakes and Omissions have been made, particularly in stating the Interlocutor, and in the Parties; and therefore praying their Lordships That he may be at Liberty to amend his said Appeal, by stating the Interlocutor therein in the Words of the Decree, videlicet, 5th January 1759; and by making Margaret Laurie and Andrew Laurie her Husband, Walter, Margaret, Elizabeth, and Jacobma Slowans (otherwise Laurie), who were Parties in the Court below, Respondents to the Appeal; and that they may be required to Answer the same; and Service of their Lordships Order upon any of their Counsel or Agents, in the Court of Session in Scotland, may be deemed good Service, the Petitioner amending the Respondents Copy:

It is Ordered, That the Petitioner be at Liberty to amend his said Appeal, by stating the Interlocutor therein, in the Words of the Decree 5th January 1759, and by making Margaret Laurie and Andrew Laurie her Husband, Walter, Margaret, Elizabeth, and Jacobina Slowans (otherwise Laurie), Parties Respondents thereto as desired; and that they may have a Copy of the said amended Appeal, and do put in their Answer, or respective Answers, thereunto, in Writing, on or before Friday the 19th Day of February next; and Service of this Order upon any of their known Counsel or Agents, in the said Court of Session in Scotland, shall be deemed good Service.

Chalke And Chilton against Ward, in Error.

Upon reading the Petition of Richard Chalke and John Chilton, Plaintiffs in a Writ of Error depending 1 in this House, wherein Henry Townley Ward is Defendant; setting forth, That, on the Thirtieth Day of December last, the Petitioners Assigned Errors on the Judgement in this Cause, and alleged Diminution, and prayed Two Writs of Certiorari, which were allowed; that their Lordships being then adjourned to the 19th Day of this instant January, the Petitioners on that Day presented the Two Writs of Certiorari to be signed by the Clerk of the Parliaments, when they were informed by him that the Time for returning such Writs was elapsed, and he could not sign the same; that the Petitioners conceived the Ten Days allowed by their Lordships Standing Order did not run during the Recess, when no Business was done, and did not, for that Reason only, send the Writs of Certiorari to be signed till the 19th Instant; that the Petitioners have not brought their Writ of Error, or prayed such Writs of Certiorari merely for Delay, but with a real Intent to have the Errors Assigned, argued at their Lordships Bar, and are ready to have the Certioraries returned immediately; and therefore praying, That their Lordships will be pleased to order the Two Certioraries to be signed by the Clerk of the Parliaments, and be returnable on such short Day as their Lordships shall be pleased to appoint, the Petitioners undertaking to return the same within such Time, and to argue the Errors Assigned, or that their Lordships will be pleased to make such other Order in the Premises for the Petitioners Relief, as to their Lordships, in their great Wisdom, shall seem meet:

It is Ordered, That the Plaintiffs in Error do return the Certioraries in Two Days.

Livingstone against Warrock.

The House being informed, That James Warrock, Respondent to the Appeal of Alexander Livingstone Esquire of Westquarter, had not put in his Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of John Grant of the due Service of the said Order being read:

Ordered, That the said Respondent do put in his Answer to the said Appeal, peremptorily, in a Week.

Colebrookes Petition referred to Judges.

Upon reading the Petition of Robert Colebrooke, eldest Son and Heir of James Colebrooke, late of Chilham Castle, in the County of Kent, Esquire, deceased, and Sir George Colebrooke Baronet, Brother of the said Robert Colebrooke, in Behalf of himself and of George Colebrooke, James Edward Colebrooke, and Henry Thomas Colebrooke, his Three Sons, who are Infants; 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 Adams, 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.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lunse, vicesimum quintum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Lun, 25^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt.

PRAYERS.

Cusack et al. against Gilbert, et e con.

After hearing Counsel, as well on Friday last as this Day, upon the original amended Petition and Appeal of James Cusack and Angelina his Wife, and Bridget Cusack, complaining of a Decree of the Court of Exchequer in Ireland, of the 12th Day of November 1768; and also of Part of an Order or Decree of the said Court of the 23d of November 1768, made on a Rehearing, which affirms the same in a certain Cause wherein Robert Gilbert was Plaintiff, and James Cusack and Angelina his Wife, Bridget Cusack, Elizabeth Judge Darcy a Minor, by Susanna Darcy her Mother and Guardian, and Francis Darcy, were Defendants; and praying, That the same might be reversed, set aside, varied, or altered, or that the Appellants might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; and likewise upon the Cross Appeal of Robert Gilbert, a Protestant of the Church of England as by Law Established, complaining of Part of a Decree of the Court of Exchequer in Ireland, of the 23d of November 1768; and praying, That the same might be reversed or altered, or that the Appellant might have such Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of Bridget Cusack, Robert Gilbert, and Forde Gilbert, Son Heir at Law and Administrator of Robert Gilbert deceased, put in to the said Original Appeal; and the Answer of James Cusack and Angelina his Wife, put in to the said Cross Appeal; and due Consideration had of what was offered on both Sides in these Causes:

Judgement.

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in Parliament assembled, That the said Original Appeal be, and is hereby dismissed this House; and that the Decrees therein complained of be, and the same are hereby affirmed: And it is further Ordered, That the said Cross Appeal be dismissed, the same being abated by the Death of Robert Gilbert, the original Appellant in the Cross Appeal.

Maclatchie against Burnet; Hearing appointed ex-parte.

The House being moved, That a Day may be appointed for hearing the Cause, wherein Alexander Maclatchie Taylor in London is Appellant, and Mary (fn. 2) Burnet, Widow of William Burnet Merchant in Dumfries deceased, is Respondent ex-parte, the Respondent not having put in (fn. 3) her Answer thereto, though peremptorily ordered so to do:

It is Ordered, That this House will hear the said Cause ex-parte, by Counsel at the Bar, on the First vacant Day for Causes after those already appointed, unless the Respondent put in (fn. 3) her Answer thereto in the mean Time.

Naturalizing Foreign Protestants Bill.

The Lord Viscount Wentworth presented to the House a Bill, intituled, An Act to extend the Provisions of an Act, made in the Fourth Year of the Reign of His late Majesty King George the Second, intituled, An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relates to the Children of the natural-born Subjects of the Crown of England or of Great Britain.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Adjourn.

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

Die Mercurii, 27^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Lincoln against Keogh.

The Answer of John Keogh to the Appeal of Mary Frances Lincoln Widow, was this Day brought in.

Wauchope against Mac Dowall et al.

After hearing Counsel in Part in the Cause wherein Andrew Wauchope Esquire of Niddrie is Appellant, and John Mac Dowall and others are Respondents:

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

Naturalizing Foreign Protestants Bill.

Hodie 2^a vice lecta est Billa, intituled, An Act to extend the Provisions of an Act, made in the Fourth Year of the Reign of His late Majesty King George the Second, intituled, An Act to explain a Clause in an Act, made in the Seventh Year of the Reign of Her late Majesty Queen Anne, for naturalizing Foreign Protestants, which relates to the Children of the natural-born Subjects of the Crown of England or of Great Britain.

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 Tuesday next, and that the Lords be summoned.

Chalke and Chilton against Ward, in Error.

Upon reading the Petition of Richard Chalke and John Chilton, Plaintiffs in a Writ of Error depending in this House, wherein Henry Townley Ward is Defendant; setting forth, That on the 22d Day of this instant January the Petitioners obtained their Lordships Order that Two Writs of Certiorari allowed in this Cause might be signed and returned in Two Days, which, as Sunday intervened, was made returnable on Monday last: That the Petitioners met with great Difficulty and Delays from the several Officers whose Duty it was to get the said Writs returned, insomuch that the Petitioners could not get the same presented on Monday last, as required by their Lordships Order: That One of the said Writs of Certiorari is now signed, and ready to be returned, and the other is in the Hands of Mr. Benton to be presented and signed by the Right Honourable Lord Chief Justice Mansfield; and therefore praying their Lordships Will be pleased to receive One of the said Writs of Certiorari now, and the other To-morrow; or that their Lordships will be pleased to make such other Order in the Premises for the Petitioners Relief as to their Lordships, in their great Wisdom, shall seem meet:

It is Ordered, That the (fn. 4) Petitioners do return the said Writs of Certiorari To-morrow.

Kircudbright Claim of Peerage referred to Committee of Privileges.

Upon reading the Petition of Lieutenant John Mac Clellan of His Majestys 30th Regiment of Foot, (claiming the Title, Honour, and Dignity of) Lord Kircudbright; setting forth, That all the necessary Searches in Support of the Instances referred to in the additional Appendix to the Petitioners Case being now completed, and communicated to the Agent for the Crown in Scotland by Direction of His Majestys Advocate; and therefore praying their Lordships To revive the Committee to which his Petition flood referred, and to appoint a Day for hearing the same before the Lords Committees for Privileges:

It is Ordered, That the Consideration of the said Claim be referred to the Lords Committees for Privileges for this present Session.

Hudson et al. Petition referred to Judges.

Upon reading the Petition of Susannah Hudson, Widow of John Hudson late of Bessingby in the County of York Esquire deceased, (for and on the Behalf of herself, and also of her only Son Harrington Hudson, and her Four Daughters by the said John Hudson, all Infants of tender Years), Sir Bellingham Graham of Norton Conyers in the said County of York Baronet, Walter Trevelyan of Nether Witton in the County of Northumberland Esquire, and Henry Maister of Winestead in the said County of York Esquire; 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 Mr. Baron Adams and Mr. Justice Gould, 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.

Newton against Newton and Lee.

The House being informed, That William Newton and Robert Lee, Respondents to the Appeal of John Newton of Irnham in the County of Lincoln Esquire, had not put in their Answer to the said Appeal, though duly served with the Order of this House for that Purpose:

And thereupon an Affidavit of Henry Woodrington, of the due Service of the said Order, being read:

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

Adjourn.

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

Die Jovis, 28^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Wauchope against Mac Dowall et al.

After hearing Counsel, as well Yesterday as this Day, upon the Petition and Appeal of Andrew Wauchope Esquire of Niddrie, complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of February 1771; and praying, That the same might be reversed, varied, or altered, or that the Appellant might have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, should seem meet; as also upon the Answer of John Mac Dowall, Sir Archibald Hope Baronet, and John Wauchope, 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 Interlocutor complained of in the said Appeal be, and the same is hereby reversed; and it is hereby declared, That John Biggar had no Right, by the Lease entered into between him and the Appellant, to communicate the Level, carried through the Appellants Lands, to the Lands of Edmonstone or Woolmet, without the Appellants Consent first had and obtained; And it is further Ordered, That the Cause be remitted to the Court of Session, to do thereupon what shall be agreeable to Law and Justice.

Dean and Chapter of Worcester, Petition referred to Judges.

Upon reading the Petition of the Dean and Chapter of the Cathedral Church of Worcester; praying leave to bring in a Bill for establishing an Exchange of Lands between the Petitioners and Thomas Foley Esquire, in such Manner as the House mall think fit:

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 Nares, 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.

Herons Petition referred to Judges.

Upon reading the Petition of Thomas Heron Esquire, on Behalf of himself and his Son Robert Heron, an Infant of the Age of Seven Years or thereabouts, and of Robert Heron Clerk, and Richard Heron Esquire, Brothers of the said Thomas Heron; 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 Adams, 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 ail 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.

Address of Congratulation to His Majesty on the Birth of a Prince.

Ordered, That an humble Address be presented to His Majesty To congratulate His Majesty on the happy Delivery of the Queen, and the Birth of a Prince; and to allure His Majesty of the dutiful Share we take in every Event which adds to the domestick Happiness, Stability, and Increase of His Illustrious House, from which these Kingdoms have received the most important Benefits.

Ordered, That the said Address be presented to His Majesty by the Lords with White Staves.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Veneris, vicesimum nonum diem instantis Januarii, hora undecima Auror, Dominis sic decernentibus.

Die Veneris, 29^o Januarii 1773.

Domini tam Spirituales quam Temporales prsentes fuerunt:

PRAYERS.

Newton against Newton and Lee.

The Answer of "William Newton and Robert Lee to the Appeal of John Newton, was this Day brought in.

Causes put off.

Ordered, That the Cause wherein William Welby Esquire is Appellant, and John Duke of Rutland is Respondent, which stands appointed for this Day, be put off till Monday next; and that the Cause which stands for Monday next be put off till Wednesday next; and that the Rest of the Causes be removed in Course.

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Sabbati, tricesimum diem instantis Januarii, hora (fn. 5) undecima Auror, Dominis sic decernentibus.

Die Sabbati, 30^o Januarii 1773.

Domini tam Spirituales quam * Temporales prsentes fuerunt:

PRAYERS.

Then, in order to solemnize this Day, being appointed by Act of Parliament to be observed as a Day of Fasting and Humiliation for the Martyrdom of King Charles the First:

Adjourn.

Dominus Cancellarius declaravit prsens Parliamentum continuandum esse usque ad et in diem Lun, primum diem Februarii, jam prox. sequen. hora undecima Auror, Dominis sic decernentibus.