Die Lunæ, 22 Martii 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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| Ds. Lyndhurst, Cancellarius. |
Archiep. Cantuar.
Archiep. Ebor.
Epus. Londinen.
Epus. Bath. et Well.
Epus. Bristol.
Epus. Oxon.
Vicecom. Arbuthnott.
Vicecom. Maynard.
Vicecom. Gordon.
Vicecom. Granville.
Vicecom. Goderich.
Ds. Stourton.
Ds. Colville of Culross.
Ds. Napier.
Ds. Holland.
Ds. Vernon.
Ds. Auckland.
Ds. Calthorpe.
Ds. Bayning.
Ds. Fitz Gibbon.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Arden.
Ds. Manners.
Ds. Hill.
Ds. Melbourne.
Ds. Somerhill.
Ds. Seaford.
Ds. Tenterden.
Ds. Wallace.
Ds. Wynford. |
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
March. Lansdowne.
March. Salisbury.
March. Camden.
Comes Graham,
Camerarius.
Comes Huntingdon.
Comes Westmorland.
Comes Winchilsea Nottingham;.
Comes Essex.
Comes Carlisle.
Comes Shaftesbury.
Comes Jersey.
Comes Rosebery.
Comes Ferrers.
Comes Cowper.
Comes Stanhope.
Comes Fitzwilliam.
Comes Hardwicke.
Comes De Lawarr.
Comes Radnor.
Comes Clarendon.
Comes Carnarvon.
Comes Malmesbury.
Comes Limerick. |
PRAYERS.
Lady M. Montgomerie & Sir C. Lamb v. Rundell & Co. et al.
The joint and separate Answers of John Bridge,
Edmund Haller Rundell and Thomas Bigge, of Ludgate
Hill, London, Jewellers, surviving Partners of the Firm
of Rundell, Bridge and Rundell; Richard Gillow, surviving
Partner of the late Firm of George and Richard Gillow
of Oxford Street, Marylebone, in the County of Middlesex,
Upholsterers; Thomas Maltby of the City of London,
Merchant; William Barclay of Leicester Square, London,
Wax-bleacher; and Matthew Hollogan of London; all
Creditors of the deceased Archibald Lord Montgomerie,
to the Petition and Appeal of The Right Honorable
Lady Mary Montgomerie and Sir Charles Lamb of Beauport Baronet, her Husband, for his Interest, was this
Day brought in.
Sir A. Chichester v. M'Intyre:
The House (according to Order) proceeded to take
into further Consideration the Cause wherein Sir Arthur
Chichester Baronet is Appellant, and Charles M'Intyre is
Respondent:
And Consideration being had thereof accordingly;
The following Order and Judgment was made:
After hearing Counsel, as well on Friday the 12th as
on Monday the 15th Days of this instant March, upon
the Petition and Appeal of Sir Arthur Chichester Baronet,
of Castle Cary, in the County of Donegall; complaining
of Three Decrees of the Court of Chancery in Ireland, of
the 14th of July and 19th of November 1824, and the
2d of December 1825; and praying, "That the same may
be reversed; and either that the Plaintiff's Bill may be
dismissed, or that it be referred to the Master to settle
the Amount of the Rent, having regard to the Fact of
the Plaintiff being bound at his own Expence to put
the Premises into good substantial Order, Condition
and Repair;" as also upon the Answer of Charles
M'Intyre put in to the said Appeal; and due Consideration
had this Day of what was offered on either Side in this
Cause:
Decrees Reversed.
It is Ordered and Adjudged, by the Lords Spiritual and
Temporal in Parliament assembled, That the said Decrees
complained of in the said Appeal, be, and the same are
hereby Reversed: And it is further Ordered, That the
Respondent's Bill in the said Court of Chancery in Ireland
be dismissed by the said Court.
Bouchier et al. v. Dillon et al.
After hearing Counsel fully in the Cause wherein
William Bouchier, and others, are Appellants, and Susanna
Dillon, and others, are Respondents:
It is Ordered, That the further Consideration of the
said Cause be put off sine Die.
Willis et Ux. v. Sir G. A. Robinson et al.
After hearing Counsel, in Part, in the Cause wherein
John Walpole Willis Esquire and Lady Mary Isabelle his
Wife are Appellants, and Sir George Abercrombie Robinson
Baronet, and others, are Respondents:
It is Ordered, That the further Hearing of the said
Cause be put off to Friday next.
M. of Westmeath v. M. of Salisbury et al.
Ordered, That the further Hearing of the Cause wherein
George Thomas John Marquess of Westmeath is Appellant,
and James Marquess of Salisbury, and others, are Respondents, which stands appointed for this Day, be put off to
Friday next.
Scotch Spirits, Petition from West Lothian against additional Duty on.
Upon reading the Petition of the Farmers of the County
of West Lothian, Scotland, whose Names are thereunto
subscribed; praying their Lordships "not to impose any
additional Duties on Spirits manufactured in Scotland:"
It is Ordered, That the said Petition do lie on the
Table.
East India, &c. Trade, Petitions for throwing open, referred to East India Com ee: (Wigan:)
Upon reading the Petition of the Merchants, Manufacturers and other Inhabitants of the Borough of Wigan,
in the County of Lancaster, and of the immediate Neighbourhood thereof, whose Names are thereunto subscribed;
praying, "That such Measures may be adopted as to
their Lordships shall seem meet and just for the immediate Modification of the existing Restrictions, and for
the final Abolition of the exclusive Privileges of The
East India Company, on the Expiration of their
Charter:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the
Select Committee appointed to enquire into the present
State of the Affairs of The East India Company, and
into the Trade between Great Britain, the East Indies
and China.
Incorporations of Lanark:
Upon reading the Petition of the Provost, Magistrates,
Town Council and Deacons of Incorporations of the
Royal Burgh of Lanark, under their Common Seal;
praying their Lordships, "That at the earliest Period
allowed by Law such Measures may be adopted as
shall secure to all His Majesty's Subjects in the United
Kingdom a Free Trade to all the Countries situated to
the Eastward of the Cape of Good Hope, and the
Liberty of proceeding to and residing in those Countries,
under such Regulations as to their Lordships may seem
proper and consistent with the good Government,
Tranquillity and Safety of the British Possessions in the
East Indies:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Incorporation of Weavers of Glasgow.
Upon reading the Petition of the Incorporation of
Weavers of the City of Glasgow, under their Common
Seal; praying their Lordships, "That such salutary and
efficient Measures may be adopted as will remove the
present Restrictions, and secure to the Inhabitants of
this Country a Free Trade to the East, as well as such
Right of Residence there as may be deemed just and
proper:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Gainsburgh & East Retford Road Bill.
A Message was brought from the House of Commons,
by Admiral Sotheron and others;
With a Bill, intituled, "An Act for more effectually
repairing and improving the Road from the West End
of Gainsburgh Bridge to East Retford and to Gringleyon-the-Hill, in the County of Nottingham;" to which
they desire the Concurrence of this House.
The said Bill was read the First Time.
Viscount Doneraile returned a Peer for Ireland.
The House being informed, "That John Lee, from the
Deputy Clerk of the Crown in Ireland, attended with
the Writs and Returns for electing a Temporal Peer of
Ireland in the room of Thomas Marquis of Headfort,
deceased, with the Certificate of the Clerk of the
Crown in Ireland annexed to them;"
He was called in; and being sworn and examined,
acquainted their Lordships, "That he received the same
from the said Deputy Clerk of the Crown in Ireland,
and that they were now in the same Condition as when
he received them;" and then, delivering the same at
the Bar,
He was directed to withdraw.
Which Certificate was read, and is as follows; (viz
t.)
"In pursuance of an Act passed in the Fortieth Year
of the Reign of His late Majesty King George the
Third, entitled, "An Act to regulate the Mode by
which the Lords Spiritual and Temporal, and the
Commons, to serve in the Parliament of the United
Kingdom on the Part of Ireland, shall be summoned
and returned to the said Parliament;" I do hereby certify, That the several Writs hereunto annexed for electing a Temporal Peer in the room of the late Thomas
Marquis of Headfort, deceased, did issue from this
Office to the Peers therein severally named, and that
the said Peers did severally make the Returns thereto
which to the said Writs are respectively annexed; And
I further certify, That it appears from the said Writs
and Returns that The Right Honorable Hayes Viscount
Doneraile has been chosen unanimously to be the Peer
to sit and vote on the Part of Ireland in the House of
Lords of the United Kingdom, in the room of the said
Thomas Marquis of Headfort: All which I attest this
Fifteenth Day of March One thousand eight hundred
and thirty.
"GRANARD.
"Tho. Bouchier,
Dy Clk. of the Crown,
and Hanaper, Ireland."
"To the Clerk of the Parliament of
the United Kingdom of Great
Britain and Ireland."
Longtown Roads Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
more effectually repairing the Roads to and from
Longtown, and certain other Roads communicating
therewith, in the County of Cumberland."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Kingston, &c. Inclosure Bill:
Hodie 3a
vice lecta est Billa, intituled, "An Act for
inclosing Lands in the Parishes of Kingston, near
Lewes, and Iford, in the County of Sussex."
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
Messages to H.C. that the Lords have agreed to the 2 preceding Bills.
And Messages were, severally, sent to the House of
Commons, by Mr. Cross and Mr. Trower;
To acquaint them, That the Lords have agreed to the
said Bills, without any Amendment.
Ardglass Harbour Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act to
enable the Commissioners of the Harbour of Ardglass,
in the County of Down, to make Contracts for Works,
and to borrow Money for the Improvement of the
said Harbour."
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.
Proceedings on East India Judicature Act.
The Lord Chancellor acquainted the House, "That
the Clerk Assistant had prepared and laid upon the
Table, A List of the Names of all the Lords who
have delivered in Lists, in pursuance of the Directions
of an Act passed in the 26th Year of His late
Majesty's Reign, for the further Regulation of the
Trial of Persons accused of certain Offences committed
in the East Indies, and for other Purposes therein
mentioned."
Ordered, That the said List do lie on the Table.
New Chappel Road Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
more effectually repairing and maintaining the Road
from New Chappel, in the County of Surrey, to Ditcheling Bost Hills, in the County of Sussex, and from
thence to the Town of Brighthelmston, in the same
County; and also for making and maintaining a Branch
of Road from the Town of Ditcheling to Clayton, in the
County of Sussex."
Ordered, That the said Bill be committed to the
Consideration of the Lords following:
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V. Arbuthnott.
V. Maynard.
V. Gordon.
V. Granville.
V. Goderich.
L. Bp. London.
L. Bp. Bath & Wells.
L. Bp. Bristol.
L. Bp. Oxford.
L. Stourton.
L. Colville of Culross.
L. Napier.
L. Holland.
L. Vernon.
L. Auckland.
L. Calthorpe.
L. Bayning.
L. Fitz Gibbon.
L. Redesdale.
L. Ellenborough.
L. Arden.
L. Manners.
L. Hill.
L. Melbourne.
L. Somerhill.
L. Seaford.
L. Tenterden.
L. Wallace.
L. Wynford. |
L. Abp. Canterbury.
L. Abp. York.
L. President.
L. Privy Seal.
M. Lansdowne.
M. Salisbury.
M. Camden.
L. Chamberlain.
E. Huntingdon.
E. Westmorland.
E. Winchilsea & Nottingham.
E. Essex.
E. Carlisle.
E. Shaftesbury.
E. Jersey.
E. Rosebery.
E. Ferrers.
E. Cowper.
E. Stanhope.
E. Fitzwilliam.
E. Hardwicke.
E. De Lawarr.
E. Radnor.
E. Clarendon.
E. Carnarvon.
E. Malmesbury.
E. Limerick. |
Their Lordships, or any Five of them, to meet on
Wednesday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings, near the House of
Peers; and to adjourn as they please.
Annandale Peerage, Claimant's Petition to resume Consideration, & to lodge an additional Case.
Upon reading the Petition of John James Hope Johnstone of Annandale, Esquire, claiming the Titles, Honours
and Dignities of Earl of Annandale and Hartfell, Viscount
Annan and Lord Johnstone; setting forth, "That in the
Matter of the Petitioner's Claim to the said Dignities,
which His Majesty was graciously pleased to refer to
the Consideration of this Most Honorable House, and
their Lordships to the Committee of Privileges, their
Lordships, after receiving Evidence of the Petitioner's
Pedigree and Descent from the original Patentee, and
hearing Counsel for him and for the Crown, were
pleased to make the following Order:
"Die Veneris, 26° Maii 1826.
"The Earl of Shaftesbury reported from the Lords
Committees for Privileges, to whom it was referred to
consider of the Petition of John James Hope Johnstone
Esquire, of Annandale, eldest Son of the Marriage
between the deceased Lady Ann Hope Johnstone, the
eldest Daughter of James Hope Johnstone, late Earl of
Hopetoun, deceased, and Sir William Johnstone Hope,
Rear Admiral of His Majesty's Navy and Knight
Commander of The Most Honorable Military Order
of the Bath, and His Majesty's Reference thereof to
this House; "That the Committee had met, and had
considered the Petition to them referred, and had come
to the following Resolution; (viz
t.)
"Resolved, That it is the Opinion of this Committee,
That the Consideration of this Petition be adjourned,
and that the Petitioner be required to lay before the
House Information, whether there is any Person
capable of claiming as Heir Male of James Johnstone,
created Lord Johnstone of Lochwood, in 1633, and Earl
of Hartfell, Lord Johnstone of Lochwood, Moffatdale
and Evandale, in 1643; and whether James his Son,
created Earl of Annandale and Hartfell, Viscount of
Annan, and Lord Johnstone of Lochwood, Lochmaben,
Moffatdale and Evandale, in 1662, had any Daughters
or Daughter; and whether such Daughters or Daughter
(if any) had any Issue Male; and whether there is
any Heir Male of the Body of the Lady Henrietta,
Daughter of William, first Marquis of Annandale, who
married Charles Earl of Hopetoun, and was Great Great
Grandmother of the Claimant; and, if there are any
such Persons, that Notice be given of this Claim to
such Persons respectively, and that they be respectively
at liberty to attend this House on the Claim of the
Petitioner."
Which Report, being read by the Clerk, was agreed
to by the House; and Ordered accordingly.
"(Signed) W. Courtenay.
Dep. Cler. Parliamentor."
"In obedience to this Order the Petitioner, and those
who act for him, have, by every Means in their Power,
and by causing Advertisements containing the Substance of the Order to be inserted in the London and
Edinburgh Gazettes, and in the Newspapers in the
greatest Circulation throughout the United Kingdom,
called upon all to give Information, and attend
to their Interests; but the Petitioner has not been
able to discover that there is any Person capable
of claiming as Heir Male of James Johnstone, created
Lord Johnstone in 1633, and Earl of Hartfell in 1643:
The Petitioner, however, thinks it proper to mention,
that in the Course of his Enquiries on this Head
he found, from their Lordships Journals, that in the
Year 1793 a Petition was presented to His Majesty, on
behalf of Sir James Johnstone of Westerhall, Baronet,
stating himself to be the nearest Heir Male of George,
the last Marquis of Annandale, as descended from one
Mathew Johnstone, said to be second Son of Adam
Johnstone, who was the Head of the Family or Clan
of the Johnstones in the Middle of the Fourteenth
Century, from whose eldest Son John the Persons
ennobled in the Seventeenth Century were descended:
This Petition was referred by His Majesty to their
Lordships House, but the Claim was never prosecuted:
Whether the Case was delivered the Petitioner does
not know, but he has seen a Copy of one prepared for
the Claimant, and from the Evidence of the Pedigree
proposed to be submitted in support of the Claim, the
Petitioner thinks himself warranted in saying that it
was incurably defective, and that Incident forms no
Exception to what is above stated: He has however given
Notice of his own Claim, and of their Lordships Order,
to the Agents and Solicitors of Sir Frederick George Johnstone Baronet, the Heir Male and Representative of the
said Sir James Johnstone, and delivered to them a Copy
of this Petition: It appears that James, created Earl of
Annandale and Hartfell in 1662, had Three Daughters;
but the Petitioner, after the same Enquiries and Advertisements as in the former Case, has not been able
to discover that any Heir Male of the Bodies of any of
the said Daughters exists: John, now Earl of Hopetoun,
being the Heir Male of the Body of the Lady Henrietta,
his Great Grandmother, who was the Daughter of
William, first Marquis of Annandale, who married
Charles Earl of Hopetoun, the Petitioner caused a Copy
of their Lordships said Order to be delivered to his
Lordship, who has acknowledged the Receipt of it:
Having thus done his utmost to procure the Information
required by their Lordships, the Petitioner humbly
prays, That their Lordships will be pleased to resume
the Consideration of his Claim, and do therein what
may appear to them, in their great Wisdom, to be just
and right; and that their Lordships will permit the
Petitioner to lodge an additional Case, furnishing Copies
thereof to His Majesty's Counsel:"
It is Ordered, That the Petitioner be at liberty to lodge
an additional Case, as desired.
Sir W. G. Cumming's et al. Petition to change Reference to the Judges.
Upon reading the Petition of Sir William Gordon Gordon
Cumming of Gordonstown, Baronet, and other Heirs of
Entail of the said Estate; praying, "That their Lordships
will be pleased to order that their Petition for Leave to
bring in a Bill, presented to the House on Friday the
12th of this instant March, may be referred to Lord
Craigie in the Place and Stead of Lord Glenlee, the said
Lord Glenlee being absent from Edinburgh, and having
stated, that on the Ground of Relationship to the Parties
interested, he would wish to decline acting as a Judge
upon this Occasion:"
It is Ordered, That the Consideration of the said
Petition be, and is hereby referred to Lord Craigie in
Scotland, and Lord Newton in Scotland, who are forthwith
to summon all Parties before them who may be concerned
in the Bill, and, after hearing all the Parties and perusing
the Bill, are to report to the House the State of the Case,
with their Opinion thereupon, under their Hands, and are
to sign the said Bill.
Bp. London's Petition referred to Judges.
Upon reading the Petition of The Right Honorable
and Right Reverend Charles James Lord Bishop of
London; 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 Mr. Baron Garrow and
Mr. Baron Vaughan, 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.
Beale's et al. Petition referred to Judges.
Upon reading the Petition of Mary Beale of Reigate,
in the County of Surrey, Widow; John Jackson of the
same Place, Gentleman, and Bet otherwise Bett otherwise
Elizabeth, his Wife; Henry Hopkins of the same Place,
Gentleman, and Elizabeth his Wife; John Martin of Croydon, in the same County, Gentlemen, and Mary his Wife;
and William Clutton of Hartswood, in the Parish of Buckland, in the said County of Surrey, Esquire; 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 Mr. Justice Littledale and
Mr. Justice Gaselee, 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.
Slane Peerage, Fleming's Petition respecting, referred to Com ee for Privileges on the Claim.
Upon reading the Petition of Henry Fleming of the
City of Dublin; setting forth, "That the Petitioner's
eldest Brother, James Fleming Esquire, on the 14th of
April 1827, presented a Petition to His Majesty, claiming
the ancient Dignity of Lord Baron of Slane in the
Kingdom of Ireland, as Heir Male of the ancient Barons
of Slane; which Petition was referred to the then
Attorney General of England, to consider and report
thereon: That the said Petitioner attended several
Times during the Course of last Year upon Sir Charles
Wetherall, and produced before him the various Proofs
in support of his said Claim: That before each such
Attendance, regular Notice was given to George Bryan
Esquire, who had preferred a Petition claiming the
said ancient Dignity as a Barony in Fee; and that the
Agents and Counsel of the said George Bryan attended
each Meeting before the said Attorney General, on
behalf of their said Client: That being aware the
said Attorney General would require some Time to
form his Opinion upon a Case so novel to the English
Peers, which required a minute Investigation into so
many ancient Records, and which involved such
important Consequences to the Constitution of the
Peerage of Ireland, the Petitioner's said Brother took
advantage of the Interval to go to France upon important Family Affairs, and from whence he is not yet
returned: That the Petitioner has heard, and believes,
that the said George Bryan, taking advantage of the
Absence of the Petitioner's said Brother, and apprehensive of an unfavourable Report from the said Sir
Charles Wetherall, before whom the Statements and
Proofs of the Two Parties had been fully and fairly
laid, and argued by their respective Counsel, has
thought proper, without waiting for the Report of the
said Sir Charles Wetherall, to carry the Case before the
present Attorney General, Sir James Scarlett Knight,
without giving Notice of any such Intention or Proceeding to the opposing Claimant (the Petitioner's said
Brother), and has obtained, upon an ex-parte and unopposed Statement, a Report in his Favour from the
said Sir James Scarlett; which Report, as the Petitioner
is informed, has been referred by the Crown to their
Lordships, and by their Lordships to the Committee
of Privileges: That the said Report contains various
Statements and Assertions, many of which, as their
Lordships when the Case shall be fairly investigated,
the Petitioner submits, will perceive, are utterly at
variance with Public Records and Acts of the Parliaments of Ireland, and which Statements the Petitioner
is convinced would not have been sanctioned by the
said Sir James Scarlett if he had been made acquainted
therewith, and had an Opportunity of hearing both
Parties upon the Subject: That the said George Bryan
in his last Petition to the Crown, which is now before
their Lordships, asserts (Case, p. 25.), that the Petitioner's said Brother "founding his Claim on a Ground
altogether new and unprecedented, that there are
Peerages in Ireland originating previously to the Introduction of either Writs of Summons or Patents, which
have always descended to the Heirs Male, and that
this Peerage of Slane is one of them; thus alleging
a new Point of Law, involving the Rights and Privileges of the ancient Peers of the Realm, and the Laws
affecting the same:" That for the Incorrectness of the
said Allegation, that such Ground is "new and unprecedented," so far as the Peerage of Ireland is
concerned, the Petitioner begs to refer their Lordships
to the Report of the Lords Commissioners respecting
the Right of the Heir Male of the Family of Decourcy
to the Barony of Kinsale, and to the Confirmation of
that Report by King Charles 1st, in Council, dated on
the 9th of May 1627, and also to the unanimous Decision of the House of Lords of Ireland, of the 4th of
October 1721, upon the Petition of Gerald Lord Baron
of Kinsale, who had, in the said Petition, claimed that
ancient Dignity as a Barony by Prescription; and in
Proof that such Rule of Male Descent is not confined
to the Barony of Kinsale, the Petitioner begs to refer
their Lordships to a Fact which, from its Notoriety,
may easily be investigated; namely, that of the Twelve
ancient Irish Baronies which were in existence at the
Accession of King Henry the Seventh, and of all of
which the precise Date and Origin are unknown, for
no Patents of their Creation can now be discovered,
not one has, in any Instance, from that Period to the
present, ever been inherited by a Female: That in order
to subvert the Usage and Law of Ireland, as declared
and established by this uniform Rule, and to elude and
obviate the numerous Precedents of these ancient Dignities having passed over the Heirs General, and having
descended exclusively to the Heirs Male, the said
George Bryan has had recourse to the new and unprecedented Expedient of sub-dividing an ancient
Barony which had descended in uniform and uninterrupted Succession, from the most remote Period, through
the Male Line of its original Possessor, into Four
separate and distinct Baronies, of various Dates, but
all now existing, as he alleges, simultaneously: That in
order to support this extraordinary Position, the Report
asserts that "a Peerage was created in Thomas Lord
Slane, by a Summons to his sitting in Parliament in
1585, (supposing him to have so sat,)" Report, p. 45,
although the same Report acknowledges that he "was
the Third Baron in the List of the Parliament then
summoned," p. 32, which, in a Body most jealous of
their respective Precedency, was considerably above
the Baron of Trimleston, created by Patent in the Reign
of Edward the Fourth: That in order to give some
Colour to this new Creation of an old Peerage, the
Report states that the Predecessors of the said Thomas,
who it is obliged to acknowledge sat as Peers in preceding
Parliaments, were not stiled Lords Slane, but Lords
Le Fleming, as appears from the following Extract
from the Report; "that he (Baldwin Le Fleming) was
succeeded by his Son Sir Simon Fleming, Lord Le
Fleming, who sat in Parliament in the Reign of King
Edward the Third, and he by his Son Sir Thomas
Fleming, Third Lord Le Fleming, who sat in Parliament
in the Reign of King Henry the Fourth, and was
succeeded by his Son Sir Christopher Fleming, Fourth
Lord Le Fleming, who sat in Parliament in the Reign
of King Henry the Sixth, and was succeeded by his
Grandson Christopher, Fifth Lord Le Fleming, Son of
John, who died in his Father's Life-time, who sat in
Parliament in the Reign of King Henry the Sixth, and
who dying unmarried, his Two Sisters Anne and Amy
became his Co-heiresses, between whom the Peerage of
Le Fleming went into and is still in Abeyance among
their Heirs, there being many Descendants of both
now in existence: That the Manor or Barony of Slane
being settled on the Heirs Male, and held of the Lords
of Meath in Fee Tail, went to David Fleming, Uncle
of the Half Blood to the Fifth and last Christopher
Lord Le Fleming, which David was summoned to and
sat in the Parliament of King Edward the Fourth by
the Title of Lord David Fleming, Baron of Slane, and
thus became a Peer by a new Writ of Creation;"
Report, p. 29: But the Petitioner humbly submits,
that the whole of these Statements are contradicted,
and the Theory upon which they are built overturned,
by the Words of the following Act of Parliament,
Second Edward the Fourth; "Item, at the Supplication of Robert Preston Knight, Lord of Gormanstown,
that as formerly in a Parliament held at Drogheda, and
after that at Dublin, and there finished, before the
very high and puissant Prince Richard Duke of York,
then being Lieutenant of Ireland, the Friday next
after the Feast of Saint Blaise ( ), the 38th Year
of the Reign of Henry the Sixth, late King of England,
at the Supplication of the said Sir Robert, it was
ordained by the Authority of the said Parliament, that
he and his Heirs ought to have and enjoy such Place
of sitting in Parliament and Great Councils as his Father
and his Grandfather had and enjoyed; and whereas it
is truly known to divers Persons of Honor in this Land,
as well as to Us, that there were contained in a Schedule
annexed to a Bill introduced by the said Lord Robert
into the said Parliament, and are written hereafter, that
Christopher Preston Knight, Father to the said Robert,
sate in Parliaments and Great Councils above Lord
Christopher Fleming, Baron of Slane, and Christopher
Preston, Grandfather to the said Robert, sate above
Lord Thomas Fleming, then Baron of Slane, and Lord
Robert Preston, Great Grandfather to the said Robert,
sate above Lord Simon Fleming, then Baron of Slane,
and so it is that Lord David Fleming Knight, now
Baron of Slane, absents himself from the Parliaments
and Great Councils, et cetera:" From this Document
it appears that the alleged Two and distinct Dignities
of Lord Le Fleming and Lord Slane were identically
the same Barony; that so far from the said David
having been created a new Peer by a Summons to and
a Sitting in Parliament, he absolutely refused to sit in
the Parliament, because he erroneously conceived that
the Precedency assigned to him in it was one Step
below that enjoyed by his Predecessors; that so far
from the Peerage of Christopher having fallen into
Abeyance between his said Co-heiresses, it had devolved
upon his Uncle and next Heir Male, David, and consequently that so far from the assumed Sitting of
David in a Parliament of Edward the Fourth having
created a new Barony of Slane, and the supposed
Sitting of Thomas, under which the said George Bryan
claims, having created another and still newer Barony
of Slane in 1585, they both only inherited the ancient
Barony of Slane, with the Rights, Priviledges and Precedency attached to it: That even Baldwyn Le Fleming,
Mr. Bryan's alleged First Lord Le Fleming, is, in a
King's Letter on a Memorandum Roll of the 33d Edward the Third, now remaining of Record in the Chief
Remembrancer's Office in Dublin, stiled "Baldwynus
Fleming, Dominus de Slane:" That their Lordships have
often decided that the Claimant of a Barony in Fee must
prove himself to be the right Heir of the Person first
ennobled; but that it appears from Mr. Bryan's own
shewing, that, even supposing the Barony of Slane to be,
as he alleges, a Barony in Fee, he can have no possible
Claim thereto, he not being the right Heir of any one of
these various ancient Barons of Slane whom he erroneously stiles Lords Le Fleming, as not only the Descendants of Anne and Amy above mentioned, the Sisters
and Co-heiresses of Christopher Lord Slane, must be
proved to be extinct, (which he asserts they are not,)
but also the Three Sisters and Co-heiresses of Thomas
Fleming Lord Slane, who died in 1471, and Catherine
and Elinor, the Two Sisters and Co-heiresses of James
Lord Slane, who died in 1577, before Mr. Bryan, who
claims under a supposed Creation of a Peerage by a
supposed Sitting in Parliament of Thomas the Sixteenth
Baron of Slane, 1585, would have the least Shadow of
Right to the Barony of Slane: Lastly, That the Petitioner begs leave to observe that the Report assumes
throughout as an acknowledged Fact a Position which
has never been proved, namely, that a Writ of Summons to the Parliament of Ireland, addressed by the
Lord Lieutenant of Ireland, or his Deputy, in the
King's Name, to a Commoner, had the Effect of creating a Peerage, unless a Privy Seal Letter, or some
Act under the King's Sign Manual, previously and
specially authorized such Creation: That the Petitioner therefore humbly prays, That their Lordships
will not adjudge the Barony of Slane to the said
Claimant, Mr. Bryan, until he has fully and clearly
proved that, according to the Usage and Law of Ireland, he is entitled to it; and that their Lordships will
afford such Time as to their Lordships shall seem meet,
until the Petitioner's said Brother, who is at present at
Angoulême in France, and altogether ignorant of the
Steps that have been thus taken, and to whom the
Petitioner has written to inform him of the Fact, shall
return, and have an Opportunity of proving at the Bar
of their Lordships House the Truth of the Allegations
contained in this Petition:"
It is Ordered, That the said Petition be referred to the
Committee for Privileges, to whom the Petition of George
Bryan of Jenkinstown, in the County of Kilkenny, Esquire,
to His Majesty, praying, "That his Claim to the Barony
of Slane may be referred to the House of Peers to report
whether the said Title be or be not a Barony in Fee,
by Writ of Summons, descendible to Heirs General, and
whether the same is or is not now in Abeyance between
Edward Lord Dunsany and the Petitioner," together
with His Majesty's Reference thereof to this House, and
the Report of the Attorney General thereunto annexed,
stands referred.
Distress of the Country, Petitions from the Holderness Agricultural Society, & County of Nottingham, respecting.
Upon reading the Petition of the President, Vice President and Members of the Holderness Agricultural
Society, whose Names are thereunto subscribed; praying their Lordships "to take into their serious Consideration the distressed Condition of the Agricultural and
other productive Classes, and give such Aid and Relief
as to their Lordships shall seem meet:"
It is Ordered, That the said Petition do lie on the
Table.
Upon reading the Petition of the Owners and Occupiers of Land in the County of Nottingham, whose Names
are thereunto subscribed; praying, "That the earliest
and most serious Attention of their Lordships may be
applied to the devising some effectual Relief for the
general Distress:"
It is Ordered, That the said Petition do lie on the
Table.
Shrewsbury & Holyhead Road, Papers respecting, delivered.
The House being informed, "That Mr. Robertson,
from the Office of His Majesty's Woods, Forests and
Land Revenue, attended;"
He was called in; and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
"General Statement of the Income and Expenditure
of the Shrewsbury and Holyhead Road, between 1st of
February 1829 and 1st of February 1830; together
with the Engineer's Report on the State of the
Road."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Papers do lie on the Table.
Bridge & Co. et al. v. Lady M. Montgomerie & Sir C. Lamb.
Upon reading the Petition and Cross Appeal of John
Bridge, Edmund Waller Rundell and Thomas Bigge, of
Ludgate Hill, London, Jewellers, surviving Partners of
the Firm of Rundell, Bridge and Rundell; Richard Gillow,
surviving Partner of the late Firm of George and Richard
Gillow of Oxford Street, Mary-le-bone, in the County of
Middlesex, Upholsterers; Thomas Maltby of the City
of London, Merchant; William Barclay of Leicester
Square, London, Wax Bleacher; and Matthew Hollogan
of London; all Creditors of the deceased Archibald Lord
Montgomerie; complaining of an Interlocutor of the
Lord Ordinary in Scotland, of the 25th of February 1829,
in so far as his Lordship found the Petitioners only
entitled to the Expences incurred by them from and since
the 13th May 1825, being the Date of the Interlocutor
of the Court of Session applying their Lordships Judgment, and not to the whole Expences incurred by them
since the Commencement of the Cause; and also of an
Interlocutor of the Lords of Session there, of the First
Division, of the 12th (signed the 14th) of January 1830,
in so far as their Lordships thereby recal the whole of the
Proceedings respecting Expences in the Interlocutor of
the Lord Ordinary, and find no Expences due to the
Petitioners; and praying, "That the same may be reversed,
varied or amended, so far as complained of, or that
the Appellants may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that The Right Honorable
Lady Mary Montgomerie and Sir Charles Lamb of
Beauport, Baronet, her Husband, may be required to
answer the said Appeal:"
It is Ordered, That the said Lady Mary Montgomerie
and Sir Charles Lamb 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 19th Day of
April next; and Service of this Order upon the said
Respondents, or any of their known Counsel or Agents in
the Court of Session in Scotland, shall be deemed good
Service.
Bulkley v. Wilford, Appellant's Petition to present Appeal, referred to Appeal Com ee.
Upon reading the Petition of George Wilford Bulkley
of Symond's Inn, Chancery Lane, London, Gentleman;
setting forth, "That on the 3d Day of July last the
Petitioner's Motion for a new Trial of the Issue
directed by the High Court of Chancery in the Cause
Wilford against Bulkley, by Appointment, came on for
Hearing before The Lord Chancellor, when, after
considerable Argument, the Motion was refused: That
on the 15th Day of the said Month of July the said
Cause was heard upon further Directions, and a Decree
pronounced: That shortly after the Public Offices of
the Court of Chancery closed for the Vacation, and the
Petitioner was not able to procure his Minutes of the
Decree until Michaelmas Term last, when, in consequence of the Solicitors for Plaintiff and Defendant
not agreeing upon the Terms, the same, on Motion to
The Lord Chancellor, were finally settled by him:
That the Petitioner was unable to obtain his Copy of
the Decree in sufficient Time to enable his Counsel to
draw his Petition of Appeal to their Lordships, so as to
file the same within the Time prescribed by the Standing
Orders of their Lordships: That the Time for the
Petitioner filing his Petition of Appeal expired on
Monday the 15th Instant: That the Petitioner is now
prepared to file his Petition of Appeal;" and therefore
praying, "That their Lordships will be pleased to order
that the Petitioner's Petition of Appeal to this House
may be filed as of the present Session:"
It is Ordered, That the said Petition be referred to the
Committee appointed to consider of the Causes in which
Prints of the Appellants and Respondents Cases, now
depending in this House in Matters of Appeals and Writs
of Error, have not been delivered, pursuant to the Standing
Orders of this House.
Sir J. Montgomery et al. v. M. of Queensberry, & Selkrig.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein Sir James
Montgomery Baronet, and others, are Appellants, and
Charles Marquess of Queensberry and Charles Selkrig
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.
M'Gavin v. Stewart.
Upon reading the Petition of James M'Gavin, Appellant in a Cause depending in this House, and of James
Stewart, Respondent thereto; praying their Lordships,
That this Appeal, being the Second on their Lordships
List between the Parties, may be permitted to stand
over until after the Hearing and Decision by their
Lordships of the First Appeal, or that their Lordships
will make such other Order as to their Lordships shall
seem just:"
It is Ordered, That the said Appeal do stand over until
after the Hearing and Decision of the first Appeal, as
desired.
Glamorganshire Canal Co. v. Blakemore, in Error.
The House being moved, "That a Day may be
appointed for hearing Counsel to argue the Errors
assigned upon the Writ of Error wherein the Glamorganshire Canal Company are Plaintiffs, and Richard
Blakemore is Defendant:"
It is Ordered, That this House will hear the said Errors
argued, by Counsel at the Bar, on the first vacant Day
for Causes after those already appointed.
Pearson et al. v. Stephen et al.
The House being moved, "That a Day may be
appointed for hearing the Cause wherein Henry Robert
Pearson, and others, are Appellants, and James Stephen
the younger, 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.
Suits in Equity Bill presented.
The Order of the Day being read for the Lords to be
summoned;
The Lord Chancellor presented to the House a Bill,
intituled, "An Act for further facilitating the Administration of Justice in Suits and other Proceedings in
Equity."
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Letters from The East India Co. to The Governors in India, Ordered.
Ordered, That there be laid before this House "Copy
of a Letter from the Court of Directors of The East
India Company to The Governor General in Council
at Fort William in Bengal, in the Territorial Finance
Department, dated 10th March 1830:"
Also, "Copy of a Letter from the Court of Directors
of The East India Company to The Governor in
Council at Fort St. George, in the Territorial Finance
Department, dated 10th March 1830:"
And also, "Copy of a Letter from the Court of Directors of The East India Company to The Governor
in Council at Bombay, in the Territorial Finance
Department, dated 10th March 1830.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Martis, vicesimum tertium diem instantis Martii, horâ decimâ Auroræ,
Dominis sic decernentibus.