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House of Lords Journal Volume 63: 2 August 1831

Pages 884-888

Journal of the House of Lords: Volume 63, 1830-1831. Originally published by His Majesty's Stationery Office, London, [n.d.].

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In this section

Die Martis, 2° Augusti 1831.

REX.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Cumberland.
Dux Sussex.
Archiep. Cantuar.
Ds. Brougham
& Vaux,
Cancellarius.
Epus. Londinen.
Epus. Cicestrien.
Epus. Cloynen.
Epus. Corcagen, &c.
-
Ds. Wellesley, Senescallus.
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Saye & Sele.
Ds. Arundell of Wardour.
Ds. Teynham.
Ds. Stafford.
Ds. Belhaven & Stenton.
Ds. Boston.
Ds. Holland.
Ds. Ducie.
Ds. Sherborne.
Ds. Kenyon.
Ds. Auckland.
Ds. Calthorpe.
Ds. Carbery.
Ds. Farnham.
Ds. Dunalley.
Ds. Redesdale.
Ds. Barham.
Ds. Mont Eagle.
Ds. Ailsa.
Ds. Gardner.
Ds. Meldrum.
Ds. Prudhoe.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Fife.
Ds. Plunket.
Ds. Stuart de Rothesay.
Ds. Skelmersdale.
Ds. Wallace.
Ds. Fingall.
Ds. Sefton.
Ds. Rossie.
Ds. Dover.
Ds. Clements.
March. Lansdowne, Præses.
Ds. Durham, C. P. S.
Dux Norfolk, Marescallus.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Wellington.
March. Winchester.
March. Salisbury.
March. Camden.
March. Cholmondeley.
March. Westmeath.
Comes Denbigh.
Comes Chesterfield.
Comes Essex.
Comes Carlisle.
Comes Doncaster.
Comes Shaftesbury.
Comes Albemarle.
Comes Jersey.
Comes Oxford & Mortimer.
Comes Ferrers.
Comes Dartmouth.
Comes Aylesford.
Comes Pomfret.
Comes Brooke & Warwick.
Comes Mansfield.
Comes Caledon.
Comes Rosslyn.
Comes Wilton.
Comes Gosford.
Comes Charleville.
Comes Grey.
Comes Mulgrave.
Comes Harewood.
Comes Verulam.
Comes Eldon.
Comes Howe.
Comes Vane.
Vicecom. Duncan.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.

PRAYERS.

The Earl of Shaftesbury sat Speaker by virtue of a former Commission.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

The King present:

His Majesty being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod, through the Deputy Lord Great Chamberlain, to let the Commons know, "It is His Majesty's Pleasure they attend Him immediately in this House."

Who being come, with their Speaker;

He, after a short Speech in relation to the Money Bill to be passed, delivered it to the Clerk, who brought it to the Table, where the Deputy Clerk of the Crown read the Title of that and the other Bills to be passed, severally, as follow; (vizt.)

Bills passed.

1. "An Act for enabling His Majesty to make Provision for supporting the Royal Dignity of The Queen, in case She shall survive His Majesty."

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

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

2. "An Act for ascertaining the Boundaries of the Forest of Dean, and for inquiring into the Rights and Privileges claimed by Free Miners of the Hundred of Saint Briavel's; and for other Purposes."

3. "An Act to enable the Justices of the Peace for the Three Divisions of the County of Lincoln to purchase the Site of Lincoln Castle; and to empower the Court of Gaol Sessions for the said County to maintain and support the Judges House, County Hall and Courts of Assize; and for other Purposes affecting the County at large."

4. "An Act for improving, repairing and maintaining the Harbours of the Burgh of Rothesay, in the County of Bute; and for building and maintaining a Gaol, Court House and Offices for the said Burgh and County."

5. "An Act for making and maintaining a Railway from Rutherglen Green to Wellshot, in the County of Lanark."

6. "An Act for draining and improving certain Low Lands situate within the several Townships of Norton, Campsall, Askrew, Moss, Fenwick, Little Smeaton, Stubbs Walden, Womersley, Whitley, Baln, Pollington, Snaith and Cowick, and Sykehouse, in the several Parishes of Campsall, Womersley, Kellington, Snaith and Fishlake, all in the West Riding of the County of York."

7. "An Act for maintaining the Road from Wakefield to Austerlands, in the West Riding of the County of York."

8. "An Act for making and repairing certain Roads leading across the County of Stirling, and other Roads in the said County."

9. "An Act to amend an Act for more effectually repairing and improving the Road from Wendover to the Town of Buckingham, in the County of Buckingham."

10. "An Act for improving and maintaining the Road from the South Side of a Bridge over the River Colne, called Engine Bridge, in the Township of Huddersfield, in the West Riding of the County of York, to Woodhead, in the County Palatine of Chester, and from thence to a Bridge over the River Mersey, called Enterclough Bridge, on the Confines of the County of Derby."

11. "An Act for more effectually repairing and improving certain Roads leading to and from the Town of Cirencester, in the County of Gloucester, and Wootton Bassett, in the County of Wilts."

12. "An Act to continue and amend an Act for more effectually repairing several Roads in and through His Majesty's Forest of Dean, in the County of Gloucester; and to convert certain Highways in the Parishes of Staunton and Newland, in the said County, into Turnpike Roads."

13. "An Act for repairing the Road from the Town of Wisbech, in the Isle of Ely, in the County of Cambridge, to the Town of Thorney, in the same Isle and County."

14. "An Act for improving and maintaining the Road from Ludlow, in the County of Salop, through Woofferton and Little Hereford, to Monk's Bridge, in the said County, and also from Ludlow to Orleton, in the County of Hereford."

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 enabling the Trustee under the Will of Henry Brown deceased to sell certain Shares in the Leeds and Liverpool Canal Navigation, and a Share in the Liverpool Theatre, and certain Bonds from the Liverpool Dock Trustees, and of a certain Sum due on Bond from the Corporation of Liverpool, and to apply the Money arising therefrom in repairing, pulling down and rebuilding certain Houses in Paradise Street, in the Town of Liverpool aforesaid; and for other the Purposes in this Act mentioned."

16. "An Act for enabling The Mayor, Bailiffs and Commonalty of the City of Exeter to sell Two Houses in the Parish of Saint Stephen's, Exeter, vested in them, and to purchase other Estates for the Performance of the Charitable Purposes of the Will of Joan Tuckfield."

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

"Soit fait comme il est desiré."

Then His Majesty was pleased to retire;

And the Commons withdrew.

The House was adjourned during Pleasure, to unrobe.

The House was resumed.

Morris v. Davies et al. Appellant's Petition for Judges Notes, & for Time for his Case, referred to Appeal Com ee.

Upon reading the Petition of Evan Williams Morris otherwise Evan Williams, Appellant in a Cause depending in this House, to which Edward Davies, and others, are Respondents; praying, "That their Lordships would be pleased to cause Application to be made for the Copies of the Notes taken by the Judges who presided at the Three Trials of the Issue directed by the Court of Chancery to be tried, and delivered by the said Judges to Lord Lyndhurst as Lord Chancellor, or to send to the said learned Judges who presided at the said Three Trials of the said Issue for their Notes of the said Three Trials, and that the Petitioner may be permitted to take a Copy of the same; and that their Lordships would be pleased to grant to the Petitioner Six Weeks further Time to lay his printed Case on the Table of this House:"

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.

Llanelly Tithes Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for extinguishing Tithes, and Customary Payments in lieu of Tithes, within the Parish of Llanelly, in the County of Carmarthen, and for making Compensation in lieu thereof."

Ordered, That the said Bill be committed to the Consideration of the Lords following:

V. Duncan.
V. Gordon.
V. Beresford.
V. Goderich.
L. Bp. London.
L. Bp. Chichester.
L. Bp. Cloyne.
L. Bp. Cork & Ross.
L. Steward.
L. Melbourne.
L. Saye & Sele.
L. Arundell of Wardour.
L. Teynham.
L. Stafford.
L. Belhaven & Stenton.
L. Boston.
L. Holland.
L. Ducie.
L. Sherborne.
L. Kenyon.
L. Auckland.
L. Calthorpe.
L. Carbery.
L. Farnham.
L. Dunalley.
L. Redesdale.
L. Barham.
L. Mont Eagle.
L. Ailsa.
L. Gardner.
L. Meldrum.
L. Prudhoe.
L. Somerhill.
L. Wharncliffe.
L. Fife.
L. Plunket.
L. Stuart de Rothesay.
L. Skelmersdale.
L. Wallace.
L. Fingall.
L. Sefton.
L. Rossie.
L. Dover.
L. Clements.
D. Cumberland.
D. Sussex.
L. Abp. Canterbury.
L. President.
L. Privy Seal.
D. Norfolk.
D. Richmond.
D. Beaufort.
D. St. Albans.
D. Wellington.
M. Winchester.
M. Salisbury.
M. Camden.
M. Cholmondeley.
M. Westmeath.
E. Denbigh.
E. Chesterfield.
E. Essex.
E. Carlisle.
E. Doncaster.
E. Shaftesbury.
E. Albemarle.
E. Jersey.
E. Oxford & Mortimer.
E. Ferrers.
E. Dartmouth.
E. Aylesford.
E. Pomfret.
E. Brooke & Warwick.
E. Mansfield.
E. Caledon.
E. Rosslyn.
E. Wilton.
E. Gosford.
E. Charleville.
E. Grey.
E. Mulgrave.
E. Harewood.
E. Verulam.
E. Eldon.
E. Howe.
E. Vane.

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

Kidwelly Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for repairing and improving the several Roads within the Kidwelly District of Roads in the County of Carmarthen, and for making new Lines of Road within the said District, and building a Bridge across the River Lloughor at Spitty Bank, and a Bridge or Embankment across the River Gwendraith Fawr at the Ford."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Frome Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for better repairing and improving several Roads leading to and from the Town of Frome, in the County of Somerset."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

Edinburgh Improvement Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to alter and amend an Act passed in the Seventh and Eighth Year of the Reign of His late Majesty, intituled, "An Act for carrying into Effect certain Improvements within the City of Edinburgh, and adjacent to the same."

Ordered, That the said Bill be committed to the Consideration of the Lords Committees aforenamed:

Their Lordships, or any Five of them, to meet on the same Day, at the same Place; and to adjourn as they please.

West India Docks Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act to consolidate and amend the several Acts for making the West India Docks."

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

It was resolved in the Affirmative.

Worcester County Hall, &c. Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for erecting a County Hall and Courts of Justice, and also for providing Accommodation for His Majesty's Justices of Assize, in and for the County of Worcester."

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

It was resolved in the Affirmative.

Messages to H.C. with Amendments to the 2 preceding Bills.

And Messages were, severally, sent to the House of Commons, by Mr. Adam and Mr. Roupell;

To return the said Bills, and acquaint them, That the Lords have agreed to the same, with several Amendments, to which their Lordships desire their Concurrence.

General Steam Navigation Co's Bill, Order referring, to a Select Com ee under Standing Order 198 discharged, & referred to a Select Com ee under Standing Order 210.

It was moved, "That the Order made on Saturday last, "That the Bill, intituled, "An Act for granting certain Powers to a Company called "The General Steam Navigation Company," be referred to a Select Committee, to inquire into the Expediency or Inexpediency of the Regulations therein contained, pursuant to the Standing Order No. 198; and to report to the House," be now read."

The same was accordingly read by the Clerk.

Ordered, That the said Order be discharged.

Ordered, That the said Bill be referred to a Select Committee, to inquire whether Three Fourths of the Capital intended to form the Joint Stock of such Company is deposited in the Bank of England, or vested in Exchequer Bills or in the Public Funds, in the Name of Trustees, to be transferred to such Company when they are by Law constituted a Body Politic and Corporate, or have by Law acquired any of the Privileges mentioned in the Standing Order No. 210, respecting Joint Stock Company Bills; and to report to the House.

The Lords Committees aforenamed were appointed to be the said Committee:

Their Lordships, or any Five of them, to meet on Friday next, at the usual Time and Place; and to adjourn as they please.

Aylesbury Road Bill Specially reported.

The Earl of Shaftesbury reported from the Lords Committees appointed to consider of the Bill, intituled, An Act for more effectually repairing the Road from Aylesbury, in the County of Buckingham, to Hockliffe, in the County of Bedford;" "That the Committee had met, and considered the said Bill, and, in the first place, proceeded to enquire how far the Standing Orders of the House relative to Road Bills had been complied with, and found that no Notice of the Bill had been given in the County Newspapers in the Months of August, September, October or November last, the Period prescribed by the Standing Order of the House, as it was stated to the Committee by the Solicitor for the Bill, that it was not considered that the existing Act would expire before the Summer of 1832, but that in consequence of the late Dissolution of Parliament this Act will now expire at the End of the present Session of Parliament; but it was proved to the Committee that Notice of the Bill was inserted twice in the Newspaper, intituled, "The County Chronicle," in the Months of June and July last, and twice in the Newspaper, intituled, "The County Herald," in the Month of July last, pursuant to Leave granted by the House of Commons; and that the Committee had gone through the Bill, and directed him to report the same to their Lordships, without any Amendment."

Which Report being read by the Clerk;

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

Orford's Estate Bill.

The Earl of Shaftesbury reported from the Lords Committees, to whom the Bill, intituled, "An Act for vesting an Undivided Moiety of a Freehold Estate in Liverpool, in the County Palatine of Lancaster, late the Property of William Orford Esquire, deceased, in Trustees, for Sale, and for investing the Proceeds of such Sale for the Benefit of his infant Son and Heir at Law," was committed; "That they had considered the said Bill, and examined the Allegations thereof, which were found to be true; that the Parties concerned had given their Consents to the Satisfaction of the Committee; and that the Committee had gone through the Bill, and made several Amendments thereto."

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

Ordered, That the said Bill, with the Amendments, be ingrossed.

Levyssohn's Naturalization Bill.

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

Inglis et al. v. Harper.

Ordered, That the further Consideration of the Cause wherein William Inglis, and others, are Appellants, and James Harper Esquire is Respondent, which stands appointed for Wednesday next, be put off to Wednesday the 10th of this instant August.

Slane Peerage, H. Fleming's Petition respecting.

Upon reading the Petition of Henry Fleming of the City of Dublin; setting forth, "That the Petitioner's eldest Brother, James Fleming Esquire, on 14th 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 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 Wetherell Knight, the then Attorney General, and produced before him the several Proofs in support of his said Claim: That upon each such Hearing 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 before the said Attorney General on behalf of their said Client: That being aware that The Attorney General would require some Time to form his Opinion upon a Case so novel to the English Peerage, 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 Esquire, taking advantage of the Absence of the Petitioner's said Brother, and apprehensive of an unfavorable Report from the said late Attorney General Sir Charles Wetherell Knight, 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 Sir Charles Wetherell, 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 Favor 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 wholly unsupported by Proof, and many of which, as their Lordships, when the Case shall be fairly investigated, will perceive, are utterly at variance with Public Records and Acts of the Parliament of Ireland; and which Statements, the Petitioner believes, would not have been signed by the said Attorney General if he had had an Opportunity of hearing both Parties upon the Subject: That the said George Bryan Esquire, 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 the 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 De Courcy to the Barony of Kinsale, and to the Confirmation of that Report by The King 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 Esquire has had Recourse to the new and unprecedented Expedient of subdividing 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 his Summons and sitting in Parliament of 1585 (supposing him to have so sat,)" Report, Page 46, although the same Report acknowledges that he "was the Third Baron in the List of the Parliament then summoned," Page 33, which, in a Body most jealous of their ancient 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 alleged 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 styled Lords Slane, but Lords le Fleming, as appears by the following Extract from the Report: "That he (Baldwyn 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 le 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 Edward the Sixth; and was succeeded by his Grandson Christopher, Fifth Lord Le Fleming, Son of John, who died in his Father's Lifetime, who sat in Parliament in the Reign of King Henry the Sixth, and who dying unmarried, his Two Sisters, Anne and Amy, became his Coheiresses, between whom the Peerage of Lord Le Fleming went into, and is still in Abeyance among their Heirs, there being many Descendants of both now in Existence," Report, Page 29: "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, Page 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, 2d Edward 4th: "Item, at the Supplication of Robert Preston Knight, Lord of Gormanston, 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 St. Blaize, ( ) the Thirty-eighth Year of the Reign of Henry VI. late King of England, at the Supplication of the said Lord 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 Grand Councils as his Father and 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 Lord Robert, sate in Parliaments and Great Councils above Lord Christopher Fleming Baron of Slane, and Lord 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," &c: Now, 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 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 Coheiresses, 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, Privileges 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 3d, now remaining of Record in the Chief Remembrancer's Office in Dublin, styled Baldwynus Fleming Dominus de Slaan: 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 enobled; 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 to it, he not being the right Heir of any of these various ancient Barons of Slane, whom he erroneously styles Lords Le Fleming, as not only the Descendants of Ann and Amy, above mentioned, the Sisters and Coheiresses of Christopher Lord Slane, must be proved to be extinct, (which he asserts they are not,) but also the Three Sisters and Coheiresses of Thomas Fleming Lord Slane, who died in 1471, and Catharine and Elinor, the Two Sisters and Coheiresses of James Lord Slane, who died in 1571, before Mr. Bryan, who claims under a supposed Creation of a Peerage by a supposed sitting in Parliament of Thomas the Sixteenth Lord Baron of Slane, in 1585, could have the least Shadow of Right to the Barony of Slane: Lastly, that the Petitioner begs leave humbly 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;" and therefore praying, "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 them shall seem meet, and until the Petitioner's said Brother, who is at present at Angoulême, in France, and altogether ignorant of the Steps that have been 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 this House the Truth of the Allegations contained in this Petition:"

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

Frauds on Creditors Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to prevent Debtors from defrauding their Creditors by lying in Prison or absconding from England;" and for the Lords to be summoned;

Ordered, That the said Bill be read the Third Time on Tuesday next; and that the Lords be summoned.

The King's Message for further Provision for The Duchess of Kent & The Princess Victoria.

The Earl Grey acquainted the House, "That he had a Message from His Majesty, under His Royal Sign Manual, which His Majesty had commanded him to deliver to their Lordships."

And the same was read by The Lord Chancellor, and is as follows; (vizt.)

"WILLIAM R.

"His Majesty, taking into Consideration, that since Parliament made Provision for the Maintenance of Her Royal Highness The Duchess of Kent and Her Highness The Princess Alexandrina Victoria of Kent, Circumstances have arisen which make it proper that a more adequate Provision should be made for Her Royal Highness The Duchess of Kent, and for the honorable Support and Education of Her Highness The Princess Alexandrina Victoria of Kent, relies upon the Zeal and Affection of the House of Lords for the Concurrence and Support of this House in such Measures as may be suitable to the Occasion.

"W. R."

And the same being again read by the Clerk;

Ordered, That His Majesty's most gracious Message be taken into Consideration To-morrow; and that the Lords be summoned.

Beer Act, Petition of Clergymen of West Riding of Yorkshire respecting.

Upon reading the Petition of the Clergymen residing in the West Riding of the County of York, whose Names are thereunto subscribed; praying their Lordships, "That such Measures may be speedily applied, as the Wisdom of the Legislature may devise, for the Abatement of the notorious, extensive and destructive Evils occasioned by the Operation of the Act for permitting the general Sale of Beer and Cyder by Retail:"

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

Payment of Wages in Money Bill reported:

The Order of the Day being read for the Lords to be summoned;

It was moved, "That the Report of the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to prohibit, in certain Trades and in certain Parts of Great Britain, the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm," be now received."

The Question was put thereupon?

It was resolved in the Affirmative.

The Earl of Shaftesbury accordingly reported the said Amendments.

And the said Amendments, being read Twice by the Clerk, were agreed to by the House.

Ordered, That the said Bill, with the Amendments, be ingrossed.

Order for 3 a.

Ordered, That the said Bill be read the Third Time on Friday next; and that the Lords be summoned.

Payment of Wages in Goods Repeal Bill.

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to repeal several Acts and Parts of Acts prohibiting the Payment of Wages in Goods, or otherwise than in the current Coin of the Realm;" and for the Lords to be summoned;

Ordered, That the said Bill be read the Third Time on Friday next; and that the Lords be summoned.

Ecclesiastical Lands Exchange Bill.

Ordered, That the Bill, intituled, "An Act to authorize Exchanges of Lands and other Possessions of certain Ecclesiastical Corporations," be read a Second Time on Thursday the 11th of this instant August; and that the Lords be summoned.

E. of Shrewsbury's & Waterford's Claim, Com ee put off.

Ordered, That the Sitting of the Committee for Privileges to whom the Petition of John Earl of Shrewsbury of England and Earl of Waterford in that Part of the United Kingdom called Ireland; praying, "That his Right to vote at the Election of Peers of Ireland to sit in the Parliament of the United Kingdom may be admitted by their Lordships," stands referred, which stands appointed for To-morrow, be put off to Wednesday the 10th of this instant August.

Lords summoned.

Ordered, That all the Lords be summoned to attend the Service of the House on Friday next.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, tertium diem instantis Augusti, horâ decimâ Auroræ, Dominis sic decernentibus.