Die Martis, 30° Novembris 1830.
DOMINI tam Spirituales quam Temporales præsentes
fuerunt:
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Dux Cumberland. |
| Archiep. Cantuar. |
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Ds. Brougham
&Vaux,
Cancellarius. |
Epus. Londinen.
Epus. Sarum.
Epus. Carliol.
-
Ds. Napier.
Ds. King.
Ds. Douglas of Douglas.
Ds. Auckland.
Ds. Dundas.
Ds. Yarborough.
Ds. Calthorpe.
Ds. Carbery.
Ds. Farnham.
Ds. Ellenborough.
Ds. Hill.
Ds. Clanbrassill.
Ds. Bexley.
Ds. Penshurst.
Ds. Somerhill.
Ds. Farnborough.
Ds. Wharncliffe.
Ds. Seaford.
Ds. Tenterden.
Ds. Rosebery.
Ds. Wynford. |
Dux Richmond.
Dux Wellington.
March. Salisbury.
March. Bute.
March. Hastings.
March. Cleveland.
Comes Winchilsea &
Nottingham.
Comes Carlisle.
Comes Stanhope.
Comes Grosvenor.
Comes Powis.
Comes St. Germans.
Comes Morley.
Vicecom. Gordon.
Vicecom. Granville.
Vicecom.Beresford.
Vicecom. Goderich.
Ds. Wellesley,
Senescallus.
Ds. Melbourne, Unus
Primariorum Secretariorum. |
PRAYERS.
Carnegy v. Scott.
The Answer of Miss Margaret Scott, only surviving
Daughter of the late Patrick Scott Esquire, of Rossie, to
the Petition and Appeal of David Carnegy Esquire, of
Craigs, was this Day brought in.
Cogan v. Lyon et al.
After hearing Counsel fully in the Cause wherein Hugh
Cogan is Appellant, and George Lyon, and others, are
Respondents:
It is Ordered, That the further Consideration of the
said Cause be put off sine Die.
Wilson et al. v. Sinclair.
After hearing Counsel, in Part, in the Cause wherein
Archibald Wilson, and others, are Appellants, and Duncan
Sinclair is Respondent:
It is Ordered, That the further Hearing of the said
Cause be put off 'till To-morrow.
Mactavish v. Scott et al.
Ordered, That the Hearing of the Cause wherein John
Mactavish is Appellant, and James Scott, and others, are
Respondents, which stands appointed for this Day, be put
off 'till To-morrow.
Administration of Justice Bill.
The Order of the Day being read for the Second
Reading of the Bill, intituled, "An Act to amend an
Act of the last Session, for the better Administration
of Justice, so far as relates to the Essoign and General
Return Days of each Term, and to substitute other
Provisions in lieu thereof; and to declare the Law with
regard to the Duration of the Terms, in certain Cases;"
and for the Lords to be summoned;
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 Friday next; and that the Lords be
summoned.
Metropolis Police Act, Petition from St. George, Middlesex, for Repeal of.
Upon reading the Petition of the Churchwardens, Overseers and Trustees, and other Inhabitant Householders of
the Parish of Saint George, in the County of Middlesex,
whose Names are thereunto subscribed; praying their
Lordships "that the Act for establishing the Metropolitan
Police may be forthwith repealed:"
It is Ordered, That the said Petition do lie on the
Table.
Employment for the People, Petition of M. Phillips respecting.
Upon reading the Petition of Matthew Phillips, praying
their Lordships "to lose no Time in adopting practicable
Means for procuring Employment for the People:"
It is Ordered, That the said Petition do lie on the
Table.
Poor Laws, Petition of J. Hogg for Revision of.
Upon reading the Petition of The Reverend James
Hogg, Vicar of Geddington, in the County of Northampton,
and one of His Majesty's Justices of the Peace in and for
the said County; praying their Lordships "to turn their
Attention to the State of the Agricultural Poor, and to
apply such Remedies, either corrective or fundamental,
as may be best fitted to change the present baneful
Operations of the Poor Laws into such a one as may
be beneficial:"
It is Ordered, That the said Petition do lie on the
Table.
Viscount Courtenay's Petition claiming the Earldom of Devon.
The Lord Melbourne (by His Majesty's Command)
presented to the House, A Petition of William Courtenay
Viscount Courtenay of Powderham Castle, in the County
of Devon, to His Majesty; praying, "That his Right to
the Earldom of Devon may be recognized by His
Majesty, and that he may be accordingly summoned to
Parliament as Earl of Devon;" with His Majesty's
Reference thereof to this House, and the Report of The
Attorney General thereunto annexed.
Which Petition and Reference were read by the Clerk,
and are as follow:
"To The King's Most Excellent Majesty.
"The humble Petition of William Courtenay Viscount Courtenay of Powderham Castle, in the
County of Devon;
"Sheweth,
"That in the Ninth Year of King Edward the Third
Your Petitioner's Ancestor Hugh de Courtenay was
authorized by the King's Writ to assume the Title of
Earl of Devon, in consequence of his having inherited
the Lands and being the Heir of the Family of Redvers,
Earls of Devon.
"That this Title was enjoyed by the Heirs Male of
the Body of the said Hugh Earl of Devon for Five
successive Generations, and was lost by the Attainder
of Thomas the Fifth Earl of the Courtenay Line, in the
First Year of the Reign of King Edward the Fourth.
"That by the same Act of Attainder The King, (Henry
the Sixth,) The Queen, The Prince of Wales and Fourteen Peers were attainted; but these Attainders were
reversed in favour of the Heir of each of these Peers,
except the Heir of The Earl of Devon.
"That on the Accession of King Henry the Seventh,
Sir Edward Courtenay Knight, who had been attainted
by King Richard the Third, was the Heir Male but not
the Heir General of the last Earl of Devon.
"That in the First Year of that King's Reign the
Attainder of this Sir Edward Courtenay was reversed:
He was created Earl of Devon, with a Limitation to the
Heirs Male of his Body; and a considerable Portion of
the large Possessions which by the Attainder of the
last Earl had become forfeited to the Crown was
granted to him, and confirmed by Act of Parliament.
"That Sir William Courtenay Knight, the only Son
and Heir of the said Edward Courtenay who was so
created Earl of Devon, having been attainted in his
Father's Life-time, could not inherit that Earldom, but
having intermarried with the Lady Catherine Plantagenet,
Daughter and Co-heir of King Edward the Fourth, and
Sister of the Queen Consort, was created Earl of Devon,
by Patent, bearing Date in the Third Year of the Reign
of King Henry the Eighth, with a Limitation to the
Heirs Male of his Body, and dying soon after, left
Issue an only Son, Henry, who became Earl of Devon,
and was advanced to the Dignity of Marquess of Exeter,
by Patent, dated 18 June, A° 1525, with a Limitation
to the Heirs Male of his Body.
"That the said Henry Courtenay, who thus became
Earl of Devon and Marquess of Exeter, was attainted
and beheaded in the Year 1538; and his Attainder
never having been reversed, those Titles are considered
to have thereby become extinct.
"That Your Petitioner has thus stated the Circumstances under which the earlier Honours enjoyed by his
Family were granted and ultimately forfeited; because
he humbly conceives that they tend to throw much
Light upon the Situation and Circumstances of that
Family, and upon the gracious Intentions of the
Sovereign who again granted to one of them the Earldom of Devon, to which Earldom Your Petitioner now
humbly submits his Claim.
"That Edward Courtenay, Son and Heir of Henry Earl
of Devon and Marquess of Exeter, who was, as before
stated, beheaded in the Reign of King Henry the
Eighth, (A° 1538,) was by that Monarch thrown into
Prison, and remained there until the Accession of
The Princess Mary, A° 1553.
"That one of the first Acts of the Reign of Queen
Mary was to release this Edward Courtenay from
Prison, and on the 3d of September 1553 that Queen
created him Earl of Devon, by a Patent, in which the
Limitation is expressed to be "Præfato Edwardo et
hæredibus suis masculis in perpetuum."
"That upon the meeting of Parliament in a few
Months after this Creation an Act passed for the
Restitution in Blood of this Edward Earl of Devon.
"That the said Edward Earl of Devon, a short Time
after his Creation, quitted this Country, and died at
Padua, on the 18th of September 1556, without ever
having been married.
"That the Heir Male of the said Edward Earl of
Devon was at the Time of his Decease an Infant of
only Two or Three Years old; and your Petitioner
has Reason to believe, that the particular Terms of the
Patent of Creation of 1553 were never examined by
or known to the collateral Branches of the Family,
the same having been erroneously described or referred
to in several printed Collections.
"That Your Petitioner is advised that the Terms of
the said Patent are clear and unambiguous, and that
the legal Effect of them is to vest the Earldom in the
Heirs Male of Edward the Grantee, collateral as well
as lineal.
"That Your Petitioner is undoubtedly the Heir Male
of the said Edward Earl of Devon, and is also the Heir
Male of the Body of Hugh de Courtenay Earl of Devon,
as before mentioned, in the Reign of King Edward the
Third.
"That if it should be thought proper to advert to any
Circumstances not appearing upon the Patent itself,
the several Facts herein-before stated do, as Your
Petitioner humbly submits, afford strong Evidence to
shew that the Intention of Queen Mary was to restore
the Heirs Male of Hugh de Courtenay Earl of Devon
to the same Situation with respect to the Earldom of
Devon in which they would have stood if the Attainders before referred to had not taken place.
"That under these Circumstances Your Petitioner
feels it a Duty to himself and to his Family to submit
to Your Majesty's gracious Consideration his Claim to
the said Earldom of Devon.
"Your Majesty's Petitioner therefore humbly prays,
That his Right to the said Earldom of Devon
may be recognized by Your Majesty, and that
he may be accordingly summoned to Parliament as Earl of Devon.
"And Your Majesty's Petitioner shall, &c.
"Courtenay."
"Whitehall, 23d June 1830.
"His Majesty is pleased to refer this Petition to
Mr. Attorney General, to consider thereof, and report
his Opinion what may be properly done therein;
whereupon His Majesty's further Pleasure will be
declared.
"Rob. Peel."
"Whitehall, 24th November 1830.
"The King, being moved upon this Petition, is pleased
to refer the same (together with the Report of The
Attorney General thereunto annexed) to The Right
Honorable The House of Peers, to examine the Allegations thereof as to what relates to the Petitioner's Title
therein mentioned, and to inform His Majesty how the
same shall appear to their Lordships.
"Melbourne."
Ordered, That the said Petition, with His Majesty's
Reference thereof to this House, and The Attorney
General's Report thereunto annexed, be referred to the
Consideration of the Lords Committees for Privileges;
whose Lordships having considered thereof, and heard
such Persons concerning the same as they shall think
fit, are to report their Opinion thereupon to the House.
Slavery, Petitions for Abolition of: (Knaresborough, &c:)
Upon reading the Petition of the Clergy of Knaresborough, Harrogate and the Neighbourhood, whose Names
are thereunto subscribed:
Footscray:
Also, Upon reading the Petition of the Inhabitants of
the Village of Footscray, in the County of Kent, whose
Names are thereunto subscribed:
Wheldrake, &c:
Also, Upon reading the Petition of the Inhabitants of
the Villages of Wheldrake, Elvington and Sutton upon
Derwent, in the County of York, whose Names are thereunto subscribed:
Traporley:
Also, Upon reading the Petition of the Protestant Dissenters of the General Baptist Denomination assembling
in Tarporley, Brassey-Green and Wheelock Heath Chapels,
in the County of Chester, whose Names are thereunto
subscribed:
Huddersfield:
Also, Upon reading the Petition of the Members of
the Church and Congregation of Independent Dissenters
assembling for Worship in Ramsden Street Chapel, Huddersfield, whose Names are thereunto subscribed:
Misterton:
Also, Upon reading the Petition of the Inhabitants of
Misterton, in the Hundred of Bassetlaw and County of
Nottingham, whose Names are thereunto subscribed:
Poole:
Also, Upon reading the Petition of the Inhabitants of
the Town and County of Poole, professing the Established
Religion, whose Names are thereunto subscribed:
Mountmellick:
Also, Upon reading the Petition of the Protestants,
Protestant Dissenters, and Roman Catholics of Mountmellick, in the Queen's County, Ireland, whose Names are
thereunto subscribed:
Ashford:
Also, Upon reading the Petition of Persons residing
at Ashford, in the County of Kent, being Protestant Dissenters, whose Names are thereunto subscribed:
Llanwydden:
Also, Upon reading the Petition of the Members of
the Particular Baptist Church of Llanwydden, and other
Friends of the Slaves resident in the Vicinity of Conway,
whose Names are thereunto subscribed:
Barrowden:
Also, Upon reading the Petition of the Ladies of Barrowden and its Vicinity, whose Names are thereunto subscribed:
Todmorden:
Also, Upon reading the Petition of the Inhabitants of
the Town of Todmorden and its Vicinity, whose Names
are thereunto subscribed:
Booth:
And also, Upon reading the Petition of the Ministers
and Members of the Congregations of Booth and Mixenden, in the Parish of Halifax, Yorkshire, whose Names
are thereunto subscribed; severally praying their Lordships "forthwith to pass a Law for the early and utter
Extinction of Colonial Slavery:"
It is Ordered, That the said Petitions do lie on the
Table.
Montacute:
Upon reading the Petition of the Members of the
Congregation of Protestant Dissenters of the Particular
Baptist Denomination in Montacute, Somerset, whose
Names are thereunto subscribed; praying their Lordships
"to take the Subject of Colonial Slavery into their Consideration, and to adopt such further Measures as shall
appear to them best calculated to overcome so unreasonable an Opposition as a local Opposition, and to
ensure the speedy and entire Abolition of British
Colonial Slavery:"
It is Ordered, That the said Petition do lie on the
Table.
Sway:
Upon reading the Petition of the Members of the Congregation of Dissenters of the Baptist Denomination at
Sway, in the County of Southampton, whose Names are
thereunto subscribed:
Quebec Chapel Wakefield:
Also, Upon reading the Petition of the Members of the
Congregation of Protestants maintaining the Doctrines
of the Church of England assembling for Divine Worship
in Quebec Chapel, Wakefield, Yorkshire, whose Names are
thereunto subscribed:
Beverley:
Also, Upon reading the Petition of the Minister and
Members of the Congregation of Protestant Dissenters
of the Baptist Denomination at Beverley, in Yorkshire,
whose Names are thereunto subscribed:
Heckmondwike:
Also, Upon reading the Petition of the Minister and
Members of the Congregation of Protestant Dissenters
of the Independent Denomination assembling in the
Upper Chapel, Heckmondwike, in the County of York,
whose Names are thereunto subscribed:
Sion Chapel, Halifax:
And also, Upon reading the Petition of the Minister
and Members of the Congregation of Protestant Dissenters
of the Independent Denomination at Sion Chapel, Halifax, Yorkshire, whose Names are thereunto subscribed;
severally praying their Lordships "to take the Subject of
Colonial Slavery into their serious Consideration, with
a view to its immediate and total Extinction in all
Parts of His Majesty's Dominions:"
It is Ordered, That the said Petitions do lie on the
Table.
Hawarden:
Upon reading the Petition of the Members of the
Methodist Congregation assembled at Hawarden, in the
County of Flint, whose Names are thereunto subscribed:
Ecclesfield:
Also, Upon reading the Petition of the Members of the
Methodist New Connexion Congregation assembled at
Potterhill Chapel, in the Parish of Ecclesfield, in the
County of York, whose Names are thereunto subscribed:
North Wingfield:
Also, Upon reading the Petition of the Members of the
Methodist New Connexion Congregation assembled at
Clay Cross, in the Parish of North Wingfield, in the
County of York, whose Names are thereunto subscribed:
Hanley:
And also, Upon reading the Petition of the Members
of the Methodist New Connexion Congregation assembled
at Hanley, in the Parish of North Wing field, in the
County of Derby, whose Names are thereunto subscribed;
severally praying their Lordships "immediately to adopt
Measures for the utter Extinction of Slavery, and the
Extension of all the Blessings of Freedom to the utmost
Limits of the British Empire:"
It is Ordered, That the said Petitions do lie on the
Table.
Inhabitants of Wakefield:
Upon reading the Petition of the Inhabitants of the
Town and Neighbourhood of Wakefield, in the County of
York, whose Names are thereunto subscribed; praying
their Lordships "to embrace the earliest Opportunity of
taking into their serious Consideration the State of
their Negro Fellow Subjects in the Colonies, to devise
such Means as may be most expedient for the utter
Extermination of Slavery, and to confer the Blessings
of Freedom upon their Fellow Subjects of every Colour
and Degree:"
It is Ordered, That the said Petition do lie on the
Table.
Wistow
Upon reading the Petition of the Ministers, Churchwardens and principal Inhabitants of the Townships of
Wistow and Cawood, in the West Riding of Yorkshire,
whose Names are thereunto subscribed; praying their
Lordships "to pass a Law for the entire Abolition of
Colonial Slavery at the earliest possible Period:"
It is Ordered, That the said Petition do lie on the
Table.
Galashiels:
Upon reading the Petition of the Inhabitants of the
Town and Parish of Galashiels, County of Selkirk, whose
Names are thereunto subscribed; praying their Lordships
"to bring the Subject of Colonial Slavery under their
serious Consideration, and to take such Measures as
may seem the best calculated to prepare the Slaves for
the Enjoyment of Freedom, to restore them to the
Rights and Privileges of British Subjects, and, as soon
as possible, to put an end to a System so contrary to
the Righteousness which exalteth a Nation:"
It is Ordered, That the said Petition do lie on the
Table.
Gainsburgh:
Upon reading the Petition of the Inhabitants of Gainsburgh, in the County of Lincoln, and the Vicinity thereof,
whose Names are thereunto subscribed; praying their
Lordships "to adopt such decisive Measures as will
speedily restore to the Slaves, that degraded Portion of
their Fellow Subjects, their natural Rights; and that
their Lordships will utterly abolish Slavery in all His
Majesty's Dominions:"
It is Ordered, That the said Petition do lie on the
Table.
Westmoreland:
Upon reading the Petition of the Minister and Members of the Congregation (being Members of the Church
of England) assembling at Leven's Chapel, Westmoreland,
whose Names are thereunto subscribed; praying their
Lordships, "That such further Measures may be adopted
as are necessary to improve the Condition of the Slaves,
to ensure to them the Benefit of Religious Instruction,
to prepare them for Freedom, and finally to effect the
Abolition of Slavery, that the Blessings of the British
Constitution may be extended to every Individual in
the Empire:"
It is Ordered, That the said Petition do lie on the
Table.
Brentwood:
Upon reading the Petition of the Minister and Members of a Congregation of Independent Dissenters worshipping at Brentwood, in the County of Essex, whose
Names are thereunto subscribed; praying their Lordships "to adopt immediate Measures for putting an
end to Slavery in every Dominion under the British
Crown:"
It is Ordered, That the said Petition do lie on the
Table.
King's-Cliffe:
Upon reading the Petition of the Inhabitants of King'sCliffe, in the County of Northampton, whose Names are
thereunto subscribed; praying their Lordships, "without
Delay, to adopt efficient Measures for the Abolition
of Colonial Slavery; and that their Lordships will be
especially pleased to make Provision for declaring free
all the Children of His Majesty's Subjects who shall
be born after an early Day, to be appointed by Parliament, and for effectually protecting such Children
from any Claims that may be made to them as
Slaves:"
It is Ordered, That the said Petition do lie on the
Table.
Barrowdon:
Upon reading the Petition of the Inhabitants of Barrowdon and its Vicinity, in the County of Rutland, whose
Names are thereunto subscribed; praying their Lordships
to adopt speedy and effectual Measures for putting an
end to the Practice of converting British-born Subjects
into Slaves:"
It is Ordered, That the said Petition do lie on the
Table.
Dewsbury:
Upon reading the Petition of the Inhabitants of the
Town and Neighbourhood of Dewsbury, in the County
of York, whose Names are thereunto subscribed; praying
their Lordships "to take into Consideration the State of
the Slaves in our West India Colonies, and to adopt
decisive Measures for their final and total Emancipation:"
It is Ordered, That the said Petition do lie on the
Table.
Dissenters, Sheffield:
Upon reading the Petition of the Members of the
Presbyterian Church and Congregation of Protestant
Dissenters of the Town of Sheffield, whose Names are
thereunto subscribed; praying their Lordships "to adopt
such Measures as will ensure the speedy and total
Extinction of Slavery in the West Indian Islands, and
in every Part of the British Dominions:"
It is Ordered, That the said Petition do lie on the
Table.
Giggleswick.
Upon reading the Petition of the Inhabitants of the
Parish of Giggleswick, in the West Riding of the County
of York, whose Names are thereunto subscribed; praying their Lordships, "That equal Administration of
Justice be extended and secured to their enslaved
Fellow Subjects, along with more ample Means of
Religious Instruction as Preliminaries of immediate
Necessity:"
It is Ordered, That the said Petition do lie on the
Table.
Suits in Common Law Courts Bill presented.
The Lord Wynford presented to the House a Bill,
intituled, "An Act to prevent the Expence and
Delay of Suits in the Common Law Courts at Westminster."
The said Bill was read the First Time.
Ordered, That the said Bill be printed.
Com ee on the Poor Laws, Ld. Selsey added:
Ordered, That The Lord Selsey be added to the
Select Committee appointed to consider of the Poor
Laws.
Message to H.C. for Mr. Hodges to attend the Com ee:
Ordered, That a Message be sent to the House of
Commons, to request that they will give Leave to Thomas Law Hodges Esquire, a Member of that House,
to attend their Lordships, in order to his being examined
as a Witness before the Select Committee appointed by
this House to consider of the Poor Laws.
Witnesses to attend the Com ee.
Ordered, That The Reverend Edwards, The
Reverend Beard, and the Permanent Overseer
of the Parish of Shipley, do attend this House on Monday next, to be sworn, in order to their being examined
as Witnesses before the last-mentioned Committee.
Labourers in Husbandry Bill.
It was moved, "That the Order made on Friday the
19th of this instant November, "That the Bill, intituled, "An Act to provide for the better Employment of Labourers in Husbandry, by enabling His
Majesty's Justices of the Peace to order a distinct
Rate to be made on their Behalf, (to be called the
Labour Rate;) with Allowances to such Occupiers
of Land as shall find them Employment," be read
a Second Time on Tuesday the 7th of December
next; and that the Lords be summoned," be now
read."
The same was accordingly read by the Clerk.
Ordered, That the said Order be discharged.
Adjourn.
Dominus Cancellarius declaravit præsens Parliamentum.
continuandum esse usque ad et in diem Mercurii, primum diem Decembris, jam prox. sequen. horâ decimâ
Auroræ, Dominis sic decernentibus.