Die Veneris, 2 Aprilis 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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| Ds. Lyndhurst, Cancellarius. |
Epus. Londinen.
Epus. Bristol.
Epus. Landaven.
Ds. Clifton.
Ds. Gower.
Ds. Saltoun.
Ds. Napier.
Ds. King.
Ds. Montfort.
Ds. Holland.
Ds. Vernon.
Ds. Ducie.
Ds. Sherborne.
Ds. Auckland.
Ds. Calthorpe.
Ds. Loftus.
Ds. Ellenborough.
Ds. Arden.
Ds. Mont Eagle.
Ds. Hill.
Ds. Melbourne.
Ds. Prudhoe.
Ds. Glenlyon.
Ds. Penshurst.
Ds. Somerhill.
Ds. Farnborough.
Ds. Wharncliffe.
Ds. Seaford.
Ds. Fife.
Ds. Clanwilliam.
Ds. Wallace.
Ds. Wynford. |
Comes Bathurst, Præses.
Comes Rosslyn, C. P. S.
Dux Norfolk, Marescallus.
Dux Wellington.
March. Lansdowne.
March. Salisbury.
March. Bute.
Comes Westmorland.
Comes Chesterfield.
Comes Shaftesbury.
Comes Jersey.
Comes Rosebery.
Comes Ferrers.
Comes Stanhope.
Comes Hardwicke.
Comes Carnarvon.
Comes Malmesbury.
Comes Caledon.
Comes Chichester.
Comes Charleville.
Comes Verulam.
Comes Glengall.
Comes Eldon.
Comes Falmouth.
Vicecom. Gordon.
Vicecom. Goderich. |
PRAYERS.
M. of Westmeath v. M. of Salisbury et al.
The House (according to Order) proceeded to take
into further Consideration the Cause wherein George
Thomas John Marquess of Westmeath is Appellant, and
James Marquess of Salisbury, and others, are Respondents:
And Consideration being had thereof accordingly;
Ordered, That the further Consideration of the said
Cause be put off to the first Day after the Recess at
Easter.
Dillon v. Sir W. Parker.
Counsel (according to Order) were called in to be
further heard in the Cause wherein John Joseph Dillon
Esquire is Appellant, and Sir William Parker Baronet
is Respondent:
And the Appellant appearing on his own Behalf;
He was heard further to state and argue his Case.
The Appellant and the Counsel for the Respondent
were directed to withdraw.
Ordered, That the further Hearing of the said Cause
be put off sine Die.
Sir J. Montgomery et al. v. Maxwell.
After hearing Counsel further in the Cause wherein
Sir James Montgomery Baronet, and others, are Appellants, and Mackill Maxwell is Respondent:
It is Ordered, That the further Hearing of the said
Cause be put off to Monday next.
Com rs of Charitable Donations et al. v. Harris et al.
Ordered, That the Cause wherein The Commissioners
of Charitable Donations, and others, are Appellants, and
Thomas Harris, and others, are Respondents, be heard
by Counsel at the Bar on Monday next.
Shakerley's Divorce Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to dissolve the
Marriage of Charles Peter Shakerley Esquire, of the
Parish of Egham, in the County of Surrey, with Laure
Angelique Rosalbe Shakerley his now Wife, and to
enable him to marry again; and for other Purposes
therein mentioned;" and for the Lords to be summoned;
Ordered, That the said Bill be read a Second Time on
Monday next, and that the Lords be summoned; and
that the Witnesses who were ordered to attend do then
attend.
Liverpool Improvement Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
the better Paving and Sewerage of the Town of Liverpool, in the County Palatine of Lancaster; and for
settling the Boundaries between the said Town and the
Township of Kirkdale and Parts of the Townships of
Everton and West Derby."
Ordered, That the said Bill be committed to the Consideration of the Lords following:
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L. Bp. London.
L. Bp. Bristol.
L. Bp. Landaff.
L. Clifton.
L. Gower.
L. Saltoun.
L. Napier.
L. King.
L. Montfort.
L. Holland.
L. Vernon.
L. Ducie.
L. Sherborne.
L. Auckland.
L. Calthorpe.
L. Loftus.
L. Ellenborough.
L. Arden.
L. Mont Eagle.
L. Hill.
L. Melbourne.
L. Prudhoe.
L. Glenlyon.
L. Penshurst.
L. Somerhill.
L. Farnborough.
L. Wharncliffe.
L. Seaford.
L. Fife.
L. Clanwilliam.
L. Wallace.
L. Wynford. |
L. President.
L. Privy Seal.
D. Norfolk.
D. Wellington.
M. Lansdowne.
M. Salisbury.
M. Bute.
E. Westmorland.
E. Chesterfield.
E. Shaftesbury.
E. Jersey.
E. Rosebery.
E. Ferrers.
E. Stanhope.
E. Hardwicke.
E. Carnarvon.
E. Malmesbury.
E. Caledon.
E. Chichester.
E. Charleville.
E. Verulam.
E. Glengall.
E. Eldon.
E. Falmouth.
V. Gordon.
V. Goderich. |
Their Lordships, or any Five of them, to meet on
Monday next, at Ten o'Clock in the Forenoon,
in the Prince's Lodgings, near the House of
Peers; and to adjourn as they please.
Liverpool Docks Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
extending and amending the several Acts relating to
the Docks and Harbour of Liverpool."
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.
Assizes for West Riding of Yorkshire, Petitions for holding, at Wakefield: (Farnley Tyas:)
Upon reading the Petition of the Inhabitants of the
Township of Farnley Tyas, in the West Riding of the
County of York, whose Names are thereunto subscribed:
Honley:
Also, Upon reading the Petition of the Clergy, Gentry,
Freeholders, Merchants and others, Inhabitants of the
Township of Honley, in the West Riding of the County
of York, whose Names are thereunto subscribed:
Shepley:
Also, Upon reading the Petition of the Clergy, Gentry,
Freeholders, Merchants and others, Inhabitants of the
Township of Shepley, in the West Riding of the County
of York, whose Names are thereunto subscribed:
Dalton.
Also, Upon reading the Petition of the Clergy,
Gentry, Freeholders, Merchants and others, Inhabitants
of the Township of Dalton, in the West Riding of the
County of York, whose Names are thereunto subscribed;
severally praying their Lordships, "That the Assizes and
General Gaol Delivery for the Business of the West
Riding of the County of York may in future be held
at Wakefield:"
It is Ordered, That the said Petitions do lie on the
Table.
East India, &c. Trade, Petitions for opening, referred to East India Com ee: (Pudsey:)
Upon reading the Petition of the Inhabitants of the
Clothing District of Pudsey, in the County of York,
whose Names are thereunto subscribed; praying their
Lordships, "That, on the Expiration of The East India
Company's Charter, the Petitioners and the rest of His
Majesty's Subjects may enjoy a free Trade with China,
and the Right of settling and trading in the Interior of
India:"
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.
Bowling & Bierley:
Upon reading the Petition of the Inhabitants of the
Clothing District of Bowling and Bierley, in the County
of York, whose Names are thereunto subscribed; praying
their Lordships, "That The East India Company's Trade
Monopoly may be abolished:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Stanningley:
Upon reading the Petition of the Inhabitants of the
Clothing District of Stanningley, in the County of York,
whose Names are thereunto subscribed:
Shipley:
And also, Upon reading the Petition of the Inhabitants
of the Clothing District of Shipley, in the County of
York, whose Names are thereunto subscribed; severally
praying their Lordships, "That the Trade between this
Country, China and the Interior of India, may be
completely opened to the Enterprize, Skill and Industry
of all British Subjects, without Distinction or Reservation:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Alverthorpe:
Upon reading the Petition of the Inhabitants of the
Clothing District of Alverthorpe, in the County of York,
whose Names are thereunto subscribed; praying their
Lordships, "That the Monopoly heretofore granted to
the Chartered Company of Merchants trading to the
East Indies may no longer interfere with the General
Interests of His Majesty's Subjects, both in this
Country and in India:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Swanwick:
Upon reading the Petition of the Inhabitants of Swanwick, in the County of Derby, whose Names are thereunto
subscribed; praying, "That such Regulations may be
adopted by the Wisdom of their Lordships as may be
the Means of promoting a free Commercial Competition among all Classes of His Majesty's Subjects;
and that they may be admitted to the full Exercise of
their Rights to a Trade with the Empire of China, and
all other Countries of the East; thus advancing the
Prosperity and Welfare of all Parts of the British
Dominions:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Hunslet:
Upon reading the Petition of the Inhabitants of the
Clothing District of Hunslet, in the County of York,
whose Names are thereunto subscribed; praying their
Lordships "to grant the Right of trading and settling in
all the British Settlements East of the Cape of Good
Hope, as well as a Free Trade to China, to the Petitioners and all others of His Majesty's Subjects:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Gomersall:
Upon reading the Petition of the Inhabitants of the
Clothing District of Gomersall, in the County of York,
whose Names are thereunto subscribed; praying, "That
their Lordships will not renew The East India Company's exclusive Privileges of Trade, without the
clearest and most unanswerable Proof that they directly
promote the Benefit of His Majesty's Subjects in
general, and that to refuse to renew them would be an
Injury to the Nation at large:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Soothill:
Upon reading the Petition of the Inhabitants of the
Clothing District of Soothill, in the County of York,
whose Names are thereunto subscribed; praying their
Lordships, "That a Free Trade with China, and the Right
of trading and settling in the Interior of India, may be
granted to the Petitioners:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Arbroath.
Upon reading the Petition of the Magistrates and Town
Council of the Royal Burgh of Arbroath, whose Names
are thereunto subscribed; praying their Lordships, "That
when the great Question of opening the Trade between
Great Britain, the East Indies and China, shall be
submitted to their Consideration, they will dispose of
it in such a Way as may satisfy the Wishes and the
Wants of the People:"
It is Ordered, That the said Petition do lie on the
Table.
Ordered, That the said Petition be referred to the lastmentioned Committee.
Smugglers Families Maintenance Bill.
Hodie 2a
vice lecta est Billa, intituled, "An Act for
the Relief of Parishes from the Expences of maintaining the Wives and Families of Men convicted
under the Laws for the Prevention of Smuggling,
and sentenced to serve His Majesty in His Naval
Service."
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Suits in Equity Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act for further
facilitating the Administration of Justice in Suits and
other Proceedings in Equity;"
The said Bill was accordingly read a Second Time.
Ordered, That the said Bill be committed to a Committee of the Whole House.
Ordered, That the House be put into a Committee
upon the said Bill on Monday next.
Taylor to enter into a Recog ce on Lindsay's Appeal.
The House being moved, "That James Moody Taylor
of Fen Court, Fenchurch Street, in the City of London,
Gentleman, may be permitted to enter into a Recognizance for William Lindsay, on account of his Appeal
depending in this House, he living in Scotland:"
It is Ordered, That the said James Moody Taylor may
enter into a Recognizance for the said Appellant, as
desired.
Pentland v. Booth & Dickson:
Upon reading the Petition and Appeal of George
Pentland, some time Coachmaker, now residing in Perth,
in Scotland; complaining of Three Interlocutors of the
Lord Ordinary in Scotland, of the 23d of June and 16th of
December 1829, and 19th of January 1830; and also of
an Interlocutor of the Lords of Session there, of the
Second Division, of the 5th December 1829; and praying,
"That the same may be reversed, varied or altered, or
that the Appellant may have such Relief in the Premises, as to this House, in their Lordships great
Wisdom, shall seem meet; and that James Booth and
Walter Dickson may be required to answer the said
Appeal:"
It is Ordered, That the said James Booth and Walter
Dickson may have a Copy of the said Appeal, and do
put in their Answer or respective Answers thereunto, in
Writing, on or before Friday the 30th Day of this instant
April; and Service of this Order upon the said Respondents, or upon any one of their known Agents in the
Court of Session in Scotland, shall be deemed good
Service.
Poole to enter into a Recog ce on it.
The House being moved, "That George Woolley Poole,
of Southampton Street, Bloomsbury, in the County of
Middlesex, Gentleman, may be permitted to enter into
a Recognizance for George Pentland, on account of
his Appeal depending in this House, he residing in
Scotland:"
It is Ordered, That the said George Woolley Poole may
enter into a Recognizance for the said Appellant, as
desired.
Highgate Grammar School Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act to
enable the Wardens and Governors of the Possessions,
Revenues and Goods of the Free Grammar School of
Sir Roger Cholmeley Knight, in Highgate, to pull
down their present Chapel, and to contribute towards
the Erection of a new Chapel or Church in Highgate;
and for other Purposes," 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.
Brecon, &c. Roads Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act for
more effectually repairing and improving several Roads
in the Counties of Brecon, Radnor and Glamorgan; and
for making and maintaining several new Branches of
Road to communicate therewith," 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."
Carmarthen Roads Bill.
The Earl of Shaftesbury made the like Report from the
Lords Committees, to whom the Bill, intituled, "An Act
for more effectually maintaining and repairing several
Roads from Carmarthen to Lampeterpontstephen, so far as
relates to the Carmarthen District of Roads, and certain
other Roads in the said County of Carmarthen," was
committed.
Haddenham Inclosure Bill.
The Earl of Shaftesbury reported from the Lords
Committees, to whom the Bill, intituled, "An Act for
inclosing Lands and extinguishing Tythes in the Parish
of Haddenham, in the County of Buckingham," 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 some Amendments thereto."
The said Amendments were read by the Clerk as
follow; (viz
t.)
"Pr. 126. L. 3. After ("exchanged") insert Clause
(A.)
"Clause (A.) Provided always, and be it further
enacted, That nothing in this Act contained shall
extend or be construed to extend to empower the said
Commissioners to exonerate from Tithes any Lands or
Grounds in the Parish, Chapelry or Township of Cuddington."
"L. 12. & 13. Leave out ("with Cuddington")
And the said Amendments, being read a Second Time,
were agreed to by the House.
Radstock Roads Bill.
A Message was brought from the House of Commons,
by Lord Francis Osborne and others;
With a Bill, intituled, "An Act for more effectually
repairing and otherwise improving several Roads from
Radstock to Buckland Dinham, Kilmersdon, Babington
and Hallastrow, and from Norton Down to Norton
Saint Philip, in the County of Somerset;" to which
they desire the Concurrence of this House.
Redcross Road Bill.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others;
With a Bill, intituled, "An Act for maintaining the
Road from Haverhill, in the County of Suffolk, to Redcross, in the Parish of Great Shelford, in the County of
Cambridge;" to which they desire the Concurrence of
this House.
Tanjore Com rs Bill.
A Message was brought from the House of Commons,
by Sir Alexander Grant and others;
With a Bill, intituled, "An Act to continue an Act of
the Fifth Year of His present Majesty, for enabling the
Commissioners acting in Execution of an Agreement
made between The East India Company and the
private Creditors of the late Rajah of Tanjore the
better to carry the same into Effect;" to which they
desire the Concurrence of this House.
The said Three Bills were, severally, read the First
Time.
Accounts delivered:
The House being informed, "That Mr. Charles Crafer,
from the Treasury, attended;"
He was called in; and delivered at the Bar, pursuant
to Orders of the 5th and 25th Days of March last,
Wheat imported from Ireland into Great Britain; and into Liverpool:
"An Account of the Quantities of Wheat imported
from Ireland into Great Britain in each Week; specifying into what Port, from the 15th July 1828 to the
latest Period:"
And also, "An Account of the Weekly Imports into
the Port of Liverpool of Wheat from Ireland or Coastwise, from the 5th July 1828 to the 5th January 1830."
And then he withdrew.
And the Titles thereof being read by the Clerk;
Ordered, That the said Accounts do lie on the Table.
Ordered, That the said Accounts be printed.
The House being informed, "That Mr. Berthon, from
the Trinity House, attended;"
He was called in; and delivered at the Bar, pursuant
to the Directions of an Act of Parliament,
Pilots Fund.
"Account of the Receipt and Appropriation of the
Pilots Fund of the Corporation of Trinity House of
Deptford Strond, distinguishing the several Sources of
Income and Heads of Expenditure, in the Year ending
31st December 1829."
And then he withdrew.
And the Title thereof being read by the Clerk;
Ordered, That the said Account do lie on the Table.
Criminal Laws, Petitions for Alteration of: (Liberty of the Tower of London:)
Upon reading the Petition of the Inhabitant Householders of the Liberty of His Majesty's Tower of London,
whose Names are thereunto subscribed; praying their
Lordships "to substitute, for the adequate Protection of
Property, other Penalties than that of Death for Offences
against it, adapted to the enlightened Age in which we
live, worthy of a Christian Country, and which, by
being accordant with Public Feeling, shall become more
certain of Infliction, by the uniform Co-operation of
the Court, the Prosecutor, Witnesses and Jury:"
It is Ordered, That the said Petition do lie on the
Table.
Spratton & Creaton:
Upon reading the Petition of the Inhabitants of the
adjoining Parishes of Spratton and Creaton, in the County
of Northampton, whose Names are thereunto subscribed;
praying their Lordships "to make all necessary and
useful Alterations in the Criminal Code of these
Realms, which is marked with peculiar Severity and
Inconsistency in punishing with Death Crimes which
are comparatively of small Magnitude:"
It is Ordered, That the said Petition do lie on the
Table.
Lewes:
Upon reading the Petition of the Inhabitants of the
Town of Lewes and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "to make such
a Revision of the Penal Code as shall render the
Punishment of Death less frequent, and substitute other
Punishments more in accordance with the legitimate
Objects of Criminal Law and the Spirit of Christianity:"
It is Ordered, That the said Petition do lie on the
Table.
Warrington.
Upon reading the Petition of the Inhabitants of the
Town and Neighbourhood of Warrington, in the County
of Lancaster, whose Names are thereunto subscribed,
praying their Lordships, "That all such Parts of the
existing Laws respecting Forgery as affix the Penalty
of Death may be repealed:"
It is Ordered, That the said Petition do lie on the
Table.
Fee Fund of the Court of Session, Account of, Ordered.
Ordered, That there be laid before this House, "An
Account of the Fee Fund of the Court of Session in
Scotland, established by the 50th Geo. 3. C. 112.;
shewing the Receipts from the Fund, and the Application thereof, from 21st June 1821."
East India Com ee Ramsay to attend.
Ordered, That The Honorable Andrew Ramsay do
attend this House on Monday next, to be sworn, in order
to his being examined as a Witness before 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.
Disabilities of the Jews, Petitions for Removal of: (West of London:)
Upon reading the Petition of the Inhabitants of the
West of London, professing the Jewish Religion, whose
Names are thereunto subscribed; praying their Lordships
"to pass the Bill before Parliament for the Purpose of
admitting the Jews to all the Rights and Privileges of
free-born British Subjects; to all Corporate Offices and
Franchises and Freedom; the Right to purchase, sell,
transfer and enjoy Property of every Kind, without
Fear or Molestation; and to all Civil Offices, upon their
taking the requisite Oaths on the Old Testament only,
which, in fact, can be looked upon as their only solemn
and binding Pledge:"
It is Ordered, That the said Petition do lie on the
Table.
Rochester & Chatham:
Upon reading the Petition of the Inhabitants of
Rochester and Chatham, professing the Jewish Religion,
whose Names are thereunto subscribed; praying their
Lordships "to pass the Bill before Parliament for the
Purpose of admitting the Jews to all the Privileges of
free-born Subjects into a Law:"
It is Ordered, That the said Petition do lie on the
Table.
Southern District of London:
Upon reading the Petition of the Inhabitants of the
Southern District of London, professing the Jewish
Religion, whose Names are thereunto subscribed; praying their Lordships "to grant the Jews equal Rights and
Privileges with all other British Subjects upon their
taking the necessary Oaths on the Old Testament
only:"
It is Ordered, That the said Petition do lie on the
Table.
Portsmouth.
Upon reading the Petition of the Jews residing in
the Borough of Portsmouth, whose Names are thereunto subscribed; praying, "That their Lordships will be
pleased to take their Case into Consideration, and to
grant them such Relief from the Disabilities to which
they are subject as to their Lordships shall seem
meet:"
It is Ordered, That the said Petition do lie on the
Table.
Corporations, &c. Ireland, Petition of T. Flanagan respecting.
Upon reading the Petition of Thomas Flanagan Gentleman, praying their Lordships "to repeal the Law of
the 21st Year of the Reign of George the Second,
authorizing Non-resident Protestants to become Members and Freemen of the respective Corporate Towns
in Ireland, not being Cities; to extend to Ireland the
Law of the 32d Year of the Reign of George the
Third, the Requisitions of which compel the proper
Officer to exhibit for Inspection the Corporation Books;
and to enquire into the Corporation and Crown Lands
of Ireland:"
It is Ordered, That the said Petition do lie on the
Table.
Hindow Widows, Petitions from Southport & North Meols against the Practice of burning, referred to East India Com ee.
Upon reading the Petition of the Members of the
Church and Congregation assembling for Divine Worship
in the Independent Chapel, Southport, Lancashire, whose
Names are thereunto subscribed:
And also, Upon reading the Petition of the Members
of the Independent Church and Congregation assembling
for Divine Worship in their Chapel at Church Town, North
Meols, Lancashire, whose Names are thereunto subscribed; severally praying their Lordships, "That such
Measures may be adopted as will effectually put a Stop
to the burning of Widows, the Destruction of Infants
by their Parents, and the Perpetration of Murder in
every other Form throughout His Majesty's Asiatic
Possessions; and that, in such Measures as may be
deemed advisable to regulate the future Intercourse of
British Subjects with India and China, nothing may be
done which shall in any Degree restrain the Efforts of
Christian Enterprize in conveying the Knowledge of
Christianity to the Natives of China; and that every
possible Facility may be granted to its peaceable
Spread in every Part of the British Dominions in
India:"
It is Ordered, That the said Petitions do lie on the
Table.
Ordered, That the said Petitions 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.
Poor Laws, Petition of J. Lawless to extend, to Ireland.
Upon reading the Petition of John Lawless, residing
in the City of Dublin, praying their Lordships "to extend
to Ireland the Blessings of the Principle of the Poor
Laws of England, administered as they have long been
by the religious, moral and enlightened People of
Scotland:"
It is Ordered, That the said Petition do lie on the
Table.
Slavery, Petitions for Abolition of, & against the Practice of burning Hindoo Widows: (Mount Zion Chapel, Stoke:) Bethesda Chapel, Shelton:
Upon reading the Petition of the Protestant Dissenters worshipping at Mount Zion Chapel, Stoke, in the
Staffordshire Potteries, whose Names are thereunto
subscribed:
Also, Upon reading the Petition of the Protestant
Dissenters worshipping at Bethesda Chapel, Shelton, in
the Staffordshire Potteries, whose Names are thereunto
subscribed:
Bethel Chapel, Burslem:
Also, Upon reading the Petition of the Protestant
Dissenters worshipping at Bethel Chapel, Burslem, in
the Staffordshire Potteries, whose Names are thereunto
subscribed:
Zion Chapel Lane End:
Also, Upon reading the Petition of the Protestant
Dissenters worshipping at Zion Chapel, Lane-End, in
the Staffordshire Potteries, whose Names are thereunto
subscribed:
Mount Tabor Chapel, Lane-Delph:
Also, Upon reading the Petition of the Protestant
Dissenters worshipping at Mount Tabor Chapel, LaneDelph, in the Staffordshire Potteries, whose Names are
thereunto subscribed:
Ebenezer Chapel, Newcastle under Lyme.
And also, Upon reading the Petition of the Protestant
Dissenters worshipping at Ebenezer Chapel, in the Borough
of Newcastle under Lyme, in the County of Stafford,
whose Names are thereunto subscribed; severally praying,
"That their Lordships will take the Case of the Slaves
into their earliest and most earnest Consideration, and
that they will not permit any Motives of mere Expediency to turn them from imparting the Justice required
at their Hands, by bringing about their Freedom in
the most wise, speedy and effectual Manner;" and
further severally praying, "That their Lordships will
not overlook the Case of the unhappy Females in
British India who are daily sacrificed on the Funeral
Pile of their deceased Husbands, the Victims of a
Delusion as cruel as it frequently is mercenary; and
that their Lordships will be pleased to interpose their
Authority, so that this inhuman Practice may be
speedily and for ever abolished:"
It is Ordered, That the said Petitions do lie on the
Table.
East Retford Witnesses Indemnity Bill read 3 a
The Order of the Day being read for the Third
Reading of the Bill, intituled, "An Act to indemnify
Witnesses who may give Evidence, before the Lords
Spiritual and Temporal, on a Bill to prevent Bribery
and Corruption in the Election of Burgesses to serve
in Parliament for the Borough of East Retford;" and
for the Lords to be summoned;
It was moved, "That the said Bill be now read the
Third Time."
Which being objected to;
It was moved "to leave out ("now") and insert ("on
the 27th of April")."
After short Debate,
The Question was put, "Whether the Word ("now")
shall stand Part of the Motion?"
It was resolved in the Affirmative.
Protest thereupon:
"DISSENTIENT:
"1st.-Because the Provisions of the Bill presuppose
an Insufficiency of Evidence, and the consequent
Necessity of resorting to extraordinary Means to procure it, in the Matter of a Bill lately brought up from
the Commons, and intituled, "An Act to prevent
Bribery and Corruption in the Election of Burgesses
to serve in Parliament for the Borough of East Retford;" whereas the Decision of the other House of
Parliament, founded, first, upon the Report of a
Tribunal appointed by Act of Parliament to try Elections, and armed with all necessary Powers for that
Purpose, and, secondly, upon the Result of their own
Enquiries, raises a reasonable Presumption, at least,
that Grounds sufficient to enable us to come to a
sound Determination on the Legislative Measure before
the House may be obtained without a special Suspension of the ordinary Rules of Evidence, and an
anomalous Purchase of Truth by an Extension of
Impunity to Offenders.
"2nd.-Because the Recourse to such a preliminary
Act of Power, for the Purpose of procuring Evidence,
implies, (and the Preamble directly asserts,) before
any Petition has been presented to this House against
the East Retford Bill, that an Examination of Witnesses
at the Bar is absolutely necessary, and thereby sanctions a Notion, in my Opinion erroneous, mischievous
and unconstitutional, namely, that the Bill that has
lately passed the House of Commons, and all other
Measures of a like Nature, are Bills of Pains and
Penalties, partaking of a Judicial Character, and requiring all that special and cautious Regard to legal
Forms which distinguishes this House in the Discharge
of its Judicial Functions, and which it wisely and
mercifully extends to such Legislative Acts as pronounce Sentence or inflict Punishment, as well as to
such as decide between Parties applying for the
Interference of the Legislature, their respective Properties and Rights: But a Bill of Regulation for the
Purpose of preventing Bribery and Corruption, and
preserving the Purity of Representation in the Commons House of Parliament, is not ex vi termini either
a Private Bill or a Bill of Pains and Penalties, and
may consequently be adopted by Parliament consistently with Reason and Usage, on a Moral Conviction
of its Justice, Necessity or Expediency, without subjecting the Facts or Considerations which lead to
its Adoption to legal Proof at the Bar of the
House.
"The Privilege vested by Charter in any Corporation
to send Members to Parliament appears to me a Trust
and not a Property. The Individual elected in virtue
of such Privileges, though the immediate Delegate of
his Constituents, is, according to the Maxims of our
Constitution, a Member of the Supreme Legislature of
the Empire, invested with a Share of the Representation
of the People at large, for whose Benefit he is bound
to exercise his Functions. It follows, that the Right
of choosing such a Representative, when conferred by
any Instrument or Usage on any separate Body of Men,
is a Trust confided to that Body of Men for the Benefit
and Advantage of the whole Community. If, therefore, that Trust be so administered as notoriously to
defeat the Objects for which it was created, and, by
polluting the Sources from whence one Branch of the
Legislature is supplied, to lower the Character and
impair the Authority of The House of Commons, the
Parliament is justified, by Reason and Analogy, in
proceeding, on such Moral Conviction as guides it in
every other Measure of Regulation or Reform, to
revoke, limit, enlarge or transfer that Trust in the Way
and to the Extent which it deems most conducive to
the Advantage of the Community.
"The most sacred and important Trust which by Law
can be reposed in Human Authority, namely, the Crown
itself, has been repeatedly in our History limited,
regulated and transferred by the King, Lords and
Commons in Parliament assembled, without any minute
and Juridical Investigation of Facts, and without that
Attention to technical Rules and cautious Forms which
properly distinguish our Judicial Proceedings, but are
utterly inapplicable and would be inconvenient in
those which have for their Object the moulding a
Government to the Exigencies and Interests of the
Governed. On the same Principles, the Persons and
Places entitled to vote by themselves or their Representatives in the Scottish Parliament, before the Union
with that Kingdom, had those Privileges regulated,
curtailed, modified or suppressed by a Legislative Act,
without any legal Proof of Delinquency or any Judicial
Investigation of the Nature and Extent of such Privileges, or of the Manner in which they had been exercised.
The Legislative Union with Ireland also deprived the
Majority of the Irish Peers of their Votes in the
House of Lords, and no inconsiderable Number of
Boroughs of their Right to send Burgesses to Parliament; and although certain Compensations were
granted to the latter, neither the Preamble of the
Legislative Act so depriving them of Privileges, or
compensating them for the Loss, nor the Grounds
which induced the Parliament to pass it, were subjected
to legal Proof. More recently, a large Body of Freeholders, entitled by Common and by Statute Law to
vote for Knights of the Shire in that Kingdom, have
been deprived by an Act of Parliament of that
Privilege; and the said Act of Parliament, so far from
being subjected to such Judicial Proceedings as usually
attend Private Bills or Bills of Pains and Penalties in
this House, passed the Legislature without admitting
the Petitioners against it to be heard by themselves or
their Counsel, or to adduce Evidence against the
Allegations of the Preamble in either House of Parliament. Concurring, therefore, with the greatest
Constitutional Authority that ever sat in this House,
Lord Somers, that "there are many Things plain and
evident, beyond the Testimony of any Witnesses,
which yet can never be proved in a legal Way," I was
unwilling, by Inference, to sanction a Principle which
would fetter the Functions of this House in the
Exercise of our Legislative Discretion and Authority,
and confine our Power of regulating and reforming
Abuses in the Representation to such Cases only as
are susceptible of strict legal Proof.
"3rd.-Because, if the House of Lords were to establish
the Practice of Proceeding usual in Private Bills or in
Bills of Pains and Penalties, as indispensable in Bills
of Regulation and Reform in Matters of Election, great
Delay would ensue, and various Impediments be thrown
in the Way of such wholesome Reforms as the Lapse
of Time and the Exigencies of the Country are likely
to require; and such Impediment originating in
Scruples of this House, warranted by neither Reason,
Analogy nor Example, would be highly injurious to
the Character of this House, as well as to the Progress
of sound Improvement and wholesome Legislation in
the Country.
"Vassall Holland."
Then the said Bill was read the Third Time.
Bill passed & sent to H.C. for their Concurrence.
The Question was put, "Whether this Bill shall
pass?"
It was resolved in the Affirmative.
A Message was sent to the House of Commons, by
Mr. Farrer and Sir Giffin Wilson;
To carry down the said Bill, and desire their Concurrence thereto.
Poor Laws (Scotland) Bill.
Ordered, That the Bill, intituled, "An Act for the
better Regulation and more strict Administration of
the Poor Laws in Scotland," be read a Second Time
on Tuesday the 27th of this instant April; and that the
Lords be summoned.
St. Giles & St. George Bloomsbury Vestry Bill, brought from H.C. & read 1 a:
A Message was brought from the House of Commons,
by Lord John Russell and others;
With a Bill, intituled, "An Act for the better Regulation of the Affairs of the joint Parishes of Saint Giles
in the Fields and Saint George Bloomsbury, in the
County of Middlesex, and of the separate Parishes of
Saint Giles in the Fields and Saint George Bloomsbury,
in the same County," to which they desire the Concurrence of this House.
The said Bill was read the First Time.
Standing Orders Nos. 26 & 155 to be considered on it.
Ordered, That the Standing Orders Nos. 26 and 155,
relative to Bills not being read or proceeded in Twice
the same Day, be taken into Consideration on Monday
next, in order to their being dispensed with on the lastmentioned Bill; and that the Lords be summoned.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum
continuandum esse usque ad et in diem Lunæ, quintum
diem instantis Aprilis, horâ decimâ Auroræ, Dominis sic
decernentibus.