House of Lords Journal Volume 64: 20 February 1832

Die Lunæ, 20° Februarii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Cadell v. Palmer et al.

The Order of the Day being read for hearing Counsel in the Cause wherein Thomas Cadell Esquire is Appellant, and Arthur Palmer, and others, are Respondents; and for the Judges to attend;

Counsel were accordingly called in:

And the Counsel for the Appellant having been heard;

As also One Counsel for the Respondent;

The Counsel were directed to withdraw.

Ordered, That the further Hearing of the said Cause be put off sine Die.

Bills passed by Commission.

The Lord Chancellor acquainted the House, "That His Majesty had been pleased to issue a Commission to several Lords therein named, for declaring His Royal Assent to several Acts agreed upon by both Houses of Parliament."

The House was adjourned during Pleasure.

The House was resumed.

Then Three of the Lords Commissioners, being in their Robes, and seated on a Form placed between the Throne and the Woolsack, The Lord Chancellor in the Middle, with The Lord President on his Right Hand, and The Earl of Shaftesbury on his Left; commanded the Yeoman Usher of the Black Rod to signify to the Commons, "The Lords Commissioners desire their immediate Attendance in this House, to hear the Commission read."

Who being come, with their Speaker;

The Lord Chancellor said,

"My Lords, and Gentlemen of the House of Commons,

"His Majesty, not thinking fit to be personally present here at this Time, has been pleased to cause a Commission to be issued under the Great Seal, and thereby given His Royal Assent to divers Acts which have been agreed upon by both Houses of Parliament, the Titles whereof are particularly mentioned; and by the said Commission hath commanded us to declare and notify His Royal Assent to the said several Acts, in the Presence of you the Lords and Commons assembled for that Purpose: Which Commission you will now hear read."

Then the said Commission was read by the Clerk as follows; (vizt.)

"William R.

" William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and right well-beloved the Lords Spiritual and Temporal, and to Our trusty and well-beloved the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs of the House of Commons, in this present Parliament assembled, Greeting: Whereas in Our said Parliament divers and sundry Acts have been agreed and accorded on by you Our loving Subjects, the Lords Spiritual and Temporal, and the Commons, in this Our present Parliament assembled, and endorsed by you as hath been accustomed, the Titles and Names of which Acts hereafter do particularly ensue; (that is to say,) "An Act for raising the Sum of Twelve Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-two:" "An Act for continuing to His Majesty for One Year certain Duties on Personal Estates, Offices and Pensions in England, for the Service of the Year One thousand eight hundred and thirty-two:" "An Act to apply certain Sums to the Service of the Year One thousand eight hundred and thirty-two:" "An Act for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in England:" "An Act for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in Scotland:" "An Act for the Relief of His Majesty's Subjects in Ireland being Protestants of the Established Church, and to repeal an Act passed in the Parliament of Ireland in the Thirty-third Year of the Reign of His Majesty King George the Third, intituled, "An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test:" "An Act to amend Two Acts passed in the Fifty-eighth and Fifty-ninth Years of the Reign of His Majesty King George the Third, for establishing Fever Hospitals and for preventing contagious Diseases in Ireland:" "An Act to repeal so much of an Act, passed in the Parliament of Ireland in the Twenty-sixth Year of the Reign of His Majesty King George the Third, as provides for the applotting and levying of Presentments off the Baronies of Saint Sepulchres and Donore in a Manner different from that provided for the other Baronies of the County of Dublin:" "An Act for enabling The Liverpool Marine Assurance Company to sue and be sued in the Name of the Chairman for the Time being, or of any One of the Directors of the said Company:" "An Act to enlarge the Term and amend the Powers and Provisions of an Act passed in the Seventh and Eighth Years of His late Majesty King George the Fourth, for making a Navigable Communication between the City of Norwich and the Sea at or near Lowestoft, in the County of Suffolk:" "An Act for maintaining and improving the Turnpike Roads leading from Ashford to Buxton, and from Tideswell to Blackwell, and from Edensor to Ashford, all in the County of Derby:" "An Act for more effectually repairing and improving the Road from Hardingston to Old Stratford, in the County of Northampton:" "An Act for more effectually repairing and otherwise improving the Road from Ipswich to Stratford Saint Mary, in the County of Suffolk:" "An Act for more effectually maintaining and improving the Roads from Birmingham to Wednesbury and to Great Bridge, and from thence to the Portway adjoining the Bilston and Wednesbury Turnpike Road, and to Nether Trindle near Dudley, and from Trouse Lane, in the Parish of Wednesbury, to Darlaston, in the Counties of Warwick, Stafford and Worcester; and for making new Branches of Road communicating therewith:" "An Act for inclosing Lands in the Parish of Manerowen, in the County of Pembroke:" "An Act for inclosing Lands in the Parish of Aston Rowant, in the County of Oxford:" "An Act for naturalizing Pierre Jaques Adolphe Pasteur." And albeit the said Acts by you Our said Subjects, the Lords and Commons in this Our present Parliament assembled, are fully agreed and consented unto, yet nevertheless the same are not of Force and Effect in the Law without Our Royal Assent given and put to the said Acts; And for as much as for divers Causes and Considerations We cannot conveniently at this Time be present in Our Royal Person in the Higher House of Our said Parliament, being the accustomed Place for giving Our Royal Assent to such Acts as have been agreed upon by you Our said Subjects, the Lords and Commons, We have therefore caused these Our Letters Patent to be made, and have signed the same, and by the same do give and put Our Royal Assent to the said Acts, and to all Articles, Clauses and Provisions therein contained, and have fully agreed and assented to the said Acts; Willing that the said Acts, and every Article, Clause, Sentence and Provision therein contained, from henceforth shall be of the same Strength, Force and Effect, as if We had been personally present in the said Higher House, and had openly and publicly, in the Presence of you all, assented to the same: And We do by these Presents declare and notify the same Our Royal Assent, as well to you the Lords Spiritual and Temporal, and Commons aforesaid, as to all others whom it may concern; Commanding also by these Presents Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Our Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain, to seal these Our Letters Patent with Our Great Seal of Our United Kingdom of Great Britain and Ireland; and also commanding Our most dear Brothers and faithful Councillors Ernest Duke of Cumberland, Augustus Duke of Sussex, Adolphus Duke of Cambridge; Our most dear Cousin and faithful Councillor William Frederick Duke of Gloucester; The Most Reverend Father in God and Our faithful Councillor William Archbishop of Canterbury, Primate and Metropolitan of all England; Our well-beloved and faithful Councillor Henry Lord Brougham and Vaux, Chancellor of that Part of Our United Kingdom of Great Britain and Ireland called Great Britain; Our most dear Cousin and Councillor Henry Marquess of Lansdowne, President of Our Council; Our well-beloved and faithful Councillor John George Lord Durham, Keeper of Our Privy Seal; Our most dear Cousins and Councillors William Spencer Duke of Devonshire, Chamberlain of Our Household; Charles Duke of Richmond, George William Frederick Duke of Leeds, William Henry Duke of Portland, Arthur Duke of Wellington, Richard Duke of Buckingham and Chandos, Richard Marquess Wellesley, Steward of Our Household; Charles Marquess of Winchester, John Jeffreys Marquess Camden, Henry William Marquess of Anglesey, John Earl of Westmorland, George Earl of Carlisle, Cropley Ashley Earl of Shaftesbury, George Earl of Aberdeen, William Earl Fitzwilliam, George John Earl Spencer, John Earl of Chatham, Henry Earl Bathurst, Charles Earl Grey, John Earl of Eldon, John William Earl of Dudley, William Viscount Melbourne, Robert Viscount Melville, Henry Viscount Sidmouth, Frederick John Viscount Goderich; Our well-beloved and faithful Councillors Henry Richard Lord Holland, William Wyndham Lord Grenville, Edward Lord Ellenborough, Nicholas Lord Bexley, John Singleton Lord Lyndhurst and Charles Lord Tenterden, or any Three or more of them, to declare and notify this Our Royal Assent in Our Absence in the said Higher House, in the Presence of you, the said Lords and Commons of Our Parliament, there to be assembled for that Purpose; and the Clerk of Our Parliaments to endorse the said Acts with such Terms and Words, in Our Name, as is requisite, and hath been accustomed for the same, and also to enrol these Our Letters Patent, and the said Acts, in the Parliament Roll; and these Our Letters Patent shall be to every of them a sufficient Warrant in that Behalf: And finally, We do declare and will, that after this Our Royal Assent given and passed by these Presents, and declared and notified as is aforesaid, then and immediately the said Acts shall be taken, accepted and admitted good, sufficient and perfect Acts of Parliament and Laws, to all Intents, Constructions and Purposes, and to be put in due Execution accordingly, the Continuance or Dissolution of this Our Parliament, or any other Use, Custom, Thing or Things to the contrary thereof notwithstanding. In Witness whereof We have caused these Our Letters to be made Patent.

"Witness Ourself at Westminster, the Twentieth Day of February, in the Second Year of Our Reign.

"By the King Himself, signed with His own Hand.

"Bathurst."

Then The Lord Chancellor said,

"In obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal, and Commons, in Parliament assembled, that His Majesty hath given His Royal Assent to the several Acts in the Commission mentioned; and the Clerks are required to pass the same in the usual Form and Words."

Then the Clerk Assistant, having received the Money Bills from the Hands of the Speaker, brought them to the Table, where the Deputy Clerk of the Crown read the Titles of those and the other Bills to be passed, severally, as follow; (vizt.)

1. "An Act for raising the Sum of Twelve Millions by Exchequer Bills, for the Service of the Year One thousand eight hundred and thirty-two."

2. "An Act for continuing to His Majesty for One Year certain Duties on Personal Estates, Offices and Pensions in England, for the Service of the Year One thousand eight hundred and thirty-two."

3. "An Act to apply certain Sums to the Service of the Year One thousand eight hundred and thirty-two."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

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

4. "An Act for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in England."

5. "An Act for the Prevention, as far as may be possible, of the Disease called the Cholera, or Spasmodic or Indian Cholera, in England."

6. "An Act for the Relief of His Majesty's Subjects in Ireland being Protestants of the Established Church, and to repeal an Act passed in the Parliament of Ireland in the Thirty-third Year of the Reign of His Majesty King George the Third, intituled, "An Act to remove some Doubts respecting Persons in Office taking the Sacramental Test."

7. "An Act to amend Two Acts passed in the Fiftyeighth and Fifty-ninth Years of the Reign of His Majesty King George the Third, for establishing Fever Hospitals and for preventing contagious Diseases in Ireland."

8. "An Act to repeal so much of an Act, passed in the Parliament of Ireland in the Twenty-sixth Year of the Reign of His Majesty King George the Third, as provides for the applotting and levying of Presentments off the Baronies of Saint Sepulchres and Donore in a Manner different from that provided for the other Baronies of the County of Dublin."

9. "An Act for enabling The Liverpool Marine Assurance Company to sue and be sued in the Name of the Chairman for the Time being, or of any One of the Directors of the said Company."

10. "An Act to enlarge the Term and amend the Powers and Provisions of an Act passed in the Seventh and Eighth Years of His late Majesty King George the Fourth, for making a Navigable Communication between the City of Norwich and the Sea at or near Lowestoft, in the County of Suffolk."

11. "An Act for maintaining and improving the Turnpike Roads leading from Ashford to Buxton, and from Tideswell to Blackwell, and from Edensor to Ashford, all in the County of Derby."

12. "An Act for more effectually repairing and improving the Road from Hardingston to Old Stratford, in the County of Northampton."

13. "An Act for more effectually repairing and otherwise improving the Road from Ipswich to Stratford Saint Mary, in the County of Suffolk."

14. "An Act for more effectually maintaining and improving the Roads from Birmingham to Wednesbury and to Great Bridge, and from thence to the Portway adjoining the Bilston and Wednesbury Turnpike Road, and to Nether Trindle near Dudley, and from Trouse Lane, in the Parish of Wednesbury, to Darlaston, in the Counties of Warwick, Stafford and Worcester; and for making new Branches of Road communicating therewith."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Le Roy le veult."

15. "An Act for inclosing Lands in the Parish of Manerowen, in the County of Pembroke."

16. "An Act for inclosing Lands in the Parish of Aston Rowant, in the County of Oxford."

17. "An Act for naturalizing Pierre Jaques Adolphe Pasteur."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (vizt.)

"Soit fait comme il est desiré."

Then the Commons withdrew.

The House was adjourned during Pleasure.

The House was resumed.

Reports on Ecclesiastical Courts delivered.

The Lord Melbourne laid before the House, pursuant to an Address to His Majesty of Thursday last,

"The Special and General Reports made to His Majesty by the Commissioners appointed to inquire into the Practice and Jurisdiction of the Ecclesiastical Courts in England and Wales."

And the Title thereof being read by the Clerk;

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

Ordered, That the said Reports be printed.

Education, (Ireland,) Petition from Portarlington against proposed Plan of.

Upon reading the Petition of the Inhabitants of Portarlington and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That no Legislative Measures may be enacted, and no Parliamentary Aid afforded to any System of National Education in Ireland, where the whole Bible shall not be the only acknowledged Standard of said Education:"

It is Ordered, That the said Petition do lie on the Table.

Liverpool Revenue Buildings Bill.

The House (according to Order) was adjourned during Pleasure, and put into a Committee upon the Bill, intituled, "An Act to authorize the Payment out of the Consolidated Fund of a Sum of Money towards the Erection of certain Revenue buildings at Liverpool."

After some Time, the House was resumed:

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

Tithes, (Ireland,) Petitions for Abolition of: (A. Marmion Dundalk:)

Upon reading the Petition of Anthony Marmion of Dundalk, Merchant; praying their Lordships "to take the System of Tithes, both Lay and Ecclesiastical, as at present levied in Ireland, into their serious Consideration, with a view to its total Abolition; and that they will be pleased to pass a Law confiscating to the Benefit of the State the Church Lands of Ireland; that they will lay an acreable Tax on all Fee-Simple or Leasehold Landed Property in Ireland, such as will be sufficient to pay the present Incumbents of the Established Church during their natural Lives; after which the said Land Tax to cease, and the Protestant Clergy to be maintained by the voluntary Contributions of their respective Flocks:"

It is Ordered, That the said Petition do lie on the Table.

Trim:

Upon reading the Petition of the Inhabitants of the Town and Parish of Trim, County of Meath, Ireland, whose Names are thereunto subscribed; praying, "That their Lordships will take into their immediate Consideration the Propriety, Expediency and Justice of a total Abolition of the Tithe System of Ireland:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the Select Committee on Tithes, Ireland.

Navan:

Upon reading the Petition of the Roman Catholic Inhabitants of the Parish of Navan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to exonerate them from a Burden so unjust, so oppressive and so odious as Tithes, by passing a Law whereby the same shall be entirely abolished:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the last-mentioned Committee.

Ballinakill.

Upon reading the Petition of the Inhabitants of the Town and Parish of Ballinakill, in the Queen's County, Ireland, whose Names are thereunto subscribed; praying their Lordships "to abolish the Tithe and Vestry Laws of Ireland:"

It is Ordered, That the said Petition do lie on the Table.

Ordered, That the said Petition be referred to the last-mentioned Committee.

Reform of Parliament, Petitions from Westmeath & Navan in favor of.

Upon reading the Petition of the Freeholders and Inhabitants of the County of Westmeath, in Ireland, whose Names are thereunto subscribed; praying their Lordships "for an extensive and speedy Measure of Reform in the Commons House of Parliament; and that their Lordships will likewise confer on Ireland a Measure of Reform as effective and as comprehensive, in reference both to the Extension of the Franchise, and the Augmentation of the Number of her Representatives, as her Population, Revenues and natural Resources conjointly require:"

It is Ordered, That the said Petition do lie on the Table.

Upon reading the Petition of the Clergy, Merchants and Traders of the Town of Navan, in the County of Meath, whose Names are thereunto subscribed; praying their Lordships "to consult for the Peace, the Prosperity and Strength of the Nation, by adopting and passing, without unnecessary Delay, the present Measure of Reform approved of by the Lower House of Parliament:"

It is Ordered, That the said Petition do lie on the Table.

Clergy, (Ireland,) Papers respecting, delivered.

The Lord President, by His Majesty's Command, presented to the House,

"An Abstract of the Total Number of Curates in each Diocese in Ireland, according to the Returns made by the Archbishops and Bishops to the Privy Council for the Years 1829 and 1830:"

And also, "An Abstract of the Number of Resident and of the Number and Classes of Non-resident Incumbents in Ireland, according to the Diocesan Returns for the Years 1829 and 1830."

And the Titles thereof being read by the Clerk;

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

Ordered, That the said Papers be printed.

Codwise's Naturalization Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for naturalizing Edward Codwise," 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 ingrossed.

Agricultural Labourers Employment Bill.

Ordered, That the Bill, intituled, "An Act for encouraging and facilitating the Employment of Labourers in Agriculture," be committed to a Committee of the Whole House.

Ordered, That the House be put into a Committee upon the said Bill on Thursday next; and that the Lords be summoned.

Com ee on Tithes, (Ireland,) Blake to attend.

Ordered, That Henry Blake Esquire do attend this House To-morrow, to be sworn, in order to his being examined as a Witness before the Select Committee on Tithes, Ireland.

Reade Baronetcy, Papers respecting, delivered.

The House being informed, "That Mr. Young, from the Heralds College, attended;"

He was called in; and delivered at the Bar, pursuant to an Order of the 10th of this instant February,

"Copies of all Papers recorded in the Heralds College connected with the Claim made in 1810, of a Person calling himself Sir William Reade, to the Title of Baronet, as the Representative of the Baronet of that Name of Brocket Hall, in the County of Herts."

And then he withdrew.

And the Title thereof being read by the Clerk;

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

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, vicesimum primum diem instantis Februarii, horâ undecimâ Auroræ, Dominis sic decernentibus.