House of Lords Journal Volume 64
16 March 1832

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'House of Lords Journal Volume 64: 16 March 1832', Journal of the House of Lords: volume 64: 1831-1832, pp. 100-103. URL: http://british-history.ac.uk/report.aspx?compid=19284 Date accessed: 21 August 2014.


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Die Veneris, 16° Martii 1832.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

Dux Sussex.
Dux Gloucester.
Archiep. Cantuar.
Ds. Brougham & Vaux, Cancellarius.
Archiep. Ebor.
Archiep. Armacan.
Epus. Londinen.
Epus. Bath. et Well.
Epus. Lich. et Cov.
Epus. Bangor.
Epus. Bristol.
Epus. Roffen.
Epus. Landaven.
Epus. Cestrien.
Epus. Exon.
Epus. Cicestrien.
Epus. Laonen, &c.
-
Ds. Saye & Sele.
Ds. Gower.
Ds. Colville of Culross.
Ds. Belhaven & Stenton.
Ds. King.
Ds. Monson.
Ds. Boston.
Ds. Holland.
Ds. Sundridge & Hamilton.
Ds. Montagu.
Ds. Suffield.
Ds. Kenyon.
Ds. Douglas of Douglas.
Ds. Auckland.
Ds. Selsey.
Ds. Dundas.
Ds. Redesdale.
Ds. Ellenborough.
Ds. Arden.
Ds. Mont Eagle.
Ds. Ponsonby of Imokilly.
Ds. Lynedoch.
Ds. Hill.
Ds. Meldrum.
Ds. Clanbrassill.
Ds. Ravensworth.
Ds. Bexley.
Ds. Penshurst.
Ds. Somerhill.
Ds. Wharncliffe.
Ds. Fife.
Ds. Tenterden.
Ds. Plunket.
Ds. Melros.
Ds. Stuart de Rothesay.
Ds. Rosebery.
Ds. Clanwilliam.
Ds. Fingall.
Ds. Sefton.
Ds. Dover.
Ds. Chaworth.
Ds. Howden.
Ds. Panmure.
Ds. Oakley.
Ds. Templemore.
Ds. Dinorben.
Ds. Cloncurry.
March. Lansdowne, Præses.
Ds. Durham, C. P. S.
Dux Richmond.
Dux Northumberland.
Dux Wellington.
March. Queensberry.
March. Salisbury.
March. Bute.
March. Thomond.
March. Cholmondeley.
March. Bristol.
March. Cleveland.
Comes Denbigh.
Comes Westmorland.
Comes Shaftesbury.
Comes Albemarle.
Comes Selkirk.
Comes Oxford & Mortimer.
Comes Tankerville.
Comes Cowper.
Comes De Lawarr.
Comes Radnor.
Comes Bathurst.
Comes Digby.
Comes Beverley.
Comes Mansfield.
Comes Carnarvon.
Comes Charlemont.
Comes Wicklow.
Comes Rosslyn.
Comes Chichester.
Comes Limerick.
Comes Powis.
Comes Gosford.
Comes Grey.
Comes Harrowby.
Comes Mulgrave.
Comes Verulam.
Comes Bradford.
Comes Glengall.
Comes Eldon.
Comes Howe.
Comes Vane.
Comes Amherst.
Vicecom. Maynard.
Vicecom. Sydney.
Vicecom. Hood.
Vicecom. St. Vincent.
Vicecom. Sidmouth.
Vicecom. Lorton.
Vicecom. Gordon.
Vicecom. Beresford.
Vicecom. Goderich.
Ds. Wellesley, Senescallus.
Ds. Melbourne, Unus Primariorum Secretariorum.
Ds. Stourton.
Ds. Howard of Effingham.
Ds. Petre.

PRAYERS.

Rhodes v. De Beauvoir.

After hearing Counsel, in Part, in the Cause wherein William Rhodes is Appellant, and Richard Benyon De Beauvoir is Respondent:

It is Ordered, That the further Hearing of the said Cause be put off to Monday next.

Marchss of Downshire's Petition respecting Assumption of Title of Earl of Stirling by A. H. Alexander.

Upon reading the Petition of The Most Honorable Mary Marchioness Dowager of Downshire and Baroness Sandys of Ombersley; setting forth, "That Alexander Humphrys Gentleman, who, under His Majesty's Royal Licence, sometime since took upon himself the Sirname of Alexander, has assumed the Title of and styles himself Earl of Stirling in Scotland, and, in or about the Month of June 1825, attended at the Palace of Holyrood House, and there claimed to vote as Earl of Stirling upon the Election of The Lord Viscount Strathallan to be a Representative Peer for Scotland in the Room of Alexander Earl of Balcarres, then lately deceased; and that, notwithstanding he never has established a Right to the Title so assumed by him, he was at that Election permitted to vote, and did vote as Earl of Stirling, without any Proof or Examination to shew that he was entitled so to do, and he still continues openly and publicly to style and designate himself Earl of Stirling: That by certain Letters Patent granted by His late Majesty King Charles the First, dated on or about the 14th Day of June 1633, William then Viscount of Stirling was created Earl of Stirling, Viscount of Canada, and Lord Alexander of Tullibodie, with Remainder to his Heirs Male for ever; and that in the Year 1739, upon the Decease of Henry the Fifth and last Earl of Stirling, without Issue, the Petitioner is advised the said Title and Dignity of Earl of Stirling, as well as those of Viscount of Canada and Lord Alexander, became extinct: That the Petitioner has however been informed that the said Alexander Humphrys Alexander pretends and insists that His said late Majesty King Charles the First, by a Royal Charter under the Great Seal of Scotland, did, upon a Surrender of the said Letters Patent of 1633, re-grant to the said William First Earl of Stirling the Titles of Earl of Stirling, Viscount of Canada, and Lord Alexander of Tullibodie, with Remainder to the Heirs Male of his Body, which failing, to the eldest Heirs Female without Division of the last of such Heirs Male thereafter succeeding to the Titles, Honours and Dignities aforesaid, and to the Heirs Male of such Heirs Female, respectively bearing the Sirname and Arms of Alexander, and that he the said Alexander Humphrys Alexander, having taken upon himself the Sirname and used the Arms of Alexander, is under such pretended Charter in some Manner become entitled to assume the said Titles and Dignities: That the Petitioner has been informed that no Record or Evidence of any such Charter as that under which the said Alexander Humphrys Alexander claims those Titles and Dignities can be found, and it is not believed that the same was ever granted, and that consequently he is not entitled to assume the same; but the Petitioner is advised, that if it should, notwithstanding, appear or be shewn that the said Letters Patent of 1633 were surrendered, and that the said Titles and Dignities were re-granted, with such Limitations to Heirs Female, as so pretended and alleged by the said Alexander Humphrys Alexander as aforesaid, then that the Petitioner, as being the lineal Descendant of the Lady Judith Alexander, who was the Sister of the said Henry Fifth Earl of Stirling, is entitled to the said Honours, Titles and Dignities so claimed and usurped by the said Alexander Humphrys Alexander as before mentioned;" and therefore praying their Lordships "to order that the said Alexander Humphrys Alexander may be required to shew by what Authority he assumed the said Titles, and claimed to vote and did vote as Earl of Stirling at the said Election of a Representative Peer for Scotland as aforesaid; and that, until he shall by due Course of Law have proved his Right to the said Titles and Dignities, he may be enjoined not to presume to use the same, or again to exercise the Privileges thereof; or that their Lordships will be pleased to make such other Order therein as to them may appear to be most proper for the Protection of the Rights and Privileges of the Peerage, and of the Honour and Dignity of their Lordships House:"

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

London Bridge Approaches Bill.

A Message was brought from the House of Commons, by Mr. Alderman Wood and others;

With a Bill, intituled, "An Act to amend several Acts relating to London Bridge, and the Approaches thereto;" to which they desire the Concurrence of this House.

Boroughbridge & Durham Road Bill.

A Message was brought from the House of Commons, by Viscount Morpeth and others;

With a Bill, intituled, "An Act for more effectually repairing the Road leading from Boroughbridge, in the County of York, to the City of Durham; and for making and maintaining certain Deviations therein;" to which they desire the Concurrence of this House.

The said Two Bills were, severally, read the First Time.

Mills & Factories, Petition from Clerkenwell for regulating the Hours of Labour in.

Upon reading the Petition of the Inhabitants of the Parish (and its Vicinity) of Clerkenwell, Middlesex, whose Names are thereunto subscribed; praying their Lordships to restrict the actual working of Children in all the Mills and Factories of the United Kingdom to Ten Hours per Day for Five Days, and Eight in the remaining Day, and to prevent any Child under Nine Years of Age being worked in any Factory or Mill:"

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

Education, (Ireland,) Petitions against proposed Plan of: (Watford:)

Upon reading the Petition of the Inhabitants of the Parish of Watford, whose Names are thereunto subscribed; praying "for the Intervention of their Lordships to prevent the Alteration of the System of Education hitherto existing in Ireland; and to hinder the insidious Designs of ungodly Men from effecting the Overthrow of the Protestant Establishment, and the Destruction of all true Religion:"

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

Dromlease:

Upon reading the Petition of the Protestant Inhabitants of the Parish of Dromlease, County of Leitrim, Ireland, whose Names are thereunto subscribed:

Killenumery.

And also, Upon reading the Petition of the Protestant Inhabitants of the Parish of Killenumery, County of Leitrim, Ireland, whose Names are thereunto subscribed; severally praying their Lordships, "That no Legislative Measure may be enacted, and no Parliamentary Aid afforded to any System of Education of the Poor of Ireland inconsistent with the great and distinguishing Principle of the Christian Faith, namely, that the whole Word of God shall be the only acknowledged Standard of National Education:"

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

Clayton's Divorce Bill:

The Order of the Day being read for the Third Reading of the Bill, intituled, "An Act to dissolve the Marriage of William Robert Clayton Esquire with Alice Hugh Massy his now Wife, and to enable him to marry again; and for other Purposes;"

The said Bill was accordingly read the Third Time.

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

It was resolved in the Affirmative.

Message to H. C. with it.

A Message was sent to the House of Commons, by Sir Giffin Wilson and Mr. Martin;

To carry down the said Bill, and desire their Concurrence thereto.

Tithes, (Ireland,) Petition from Donegore, &c. for Abolition of, & Reform of Parliament.

Upon reading the Petition of the Freeholders, Landholders and other Inhabitants of the Parishes of Donegore, Kilbude, Ballyeaston and Grange of Nelteen, in the County of Antrim, Ireland, being Presbyterians, whose Names are thereunto subscribed; praying, "That their Lordships will put an End to the Tithe System in Ireland, which is not founded in Justice, and the Continuance of which the Petitioners are fully convinced is incompatible with the Prosperity and permanent Peace of Ireland; and that their Lordships will persevere in bringing the Measure of Reform in Parliament to a favorable Issue; and that they will also proceed to the effectual Removal of the many oppressive Grievances connected with the Temporalities of the Established Church, to which the Petitioners earnestly solicit their Lordships most serious Consideration:"

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

Tithes, (Ireland,) Petitions from Belfast & Forth for Abolition of.

Upon reading the Petition of the Reform Society and other Inhabitants of the Town of Belfast and its Vicinity, whose Names are thereunto subscribed; praying their Lordships "for a total Repeal of all Laws respecting the Payment of Tithes in Ireland; and that their Lordships will provide for the Clergy of the Establishment out of the Church Lands:"

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

Upon reading the Petition of the Landed Proprietors and Landholders of the Barony of Forth, in the County of Wexford, Ireland, whose Names are thereunto subscribed; praying their Lordships "to put a final Period to the Evils and Calamities of Ireland by the total Abolition of Tithes:"

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

Tithes & Church Cess, (Ireland,) Petition from Termonfechin, &c. for Abolition of.

Upon reading the Petition of the Inhabitants of the United Parishes of Termonfechin, Clogher and Mayne, in the County of Louth, whose Names are thereunto subscribed; praying their Lordships "totally to abolish Tithe and Church Cess in Ireland, and place the Lands now in Possession of the Established Church (upwards of Twelve hundred Irish Acres of said Lands are situated in this Union) in the Hands of His Majesty's Government, to be by them disposed of for the Benefit of the Clergy, by which there will be more than ample Funds for their Support and the Repair of Churches:"

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

Tithes, (Ireland,) Petition from Duncormack for Abolition of, & Repeal of Vestry Act.

Upon reading the Petition of the Inhabitants of the Parish of Duncormack, in the Barony of Bargy and County of Wexford, whose Names are thereunto subscribed; praying their Lordships "to take the Tithe System of Ireland, and Vestry Act, Ireland, into their serious and immediate Consideration, not with a view of Commutation or Variation, but for their total Abolition; that England, which has been the Admiration of the World and the Envy of surrounding Nations, may not give Cause to those Nations to wonder why liberal, enlightened England's fair Fame should be sullied by such palpable Evils not being abolished:"

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

Education, (Ireland,) Copy of Letter from Secretary for Ireland to D. of Leinster respecting, delivered.

The Lord Melbourne laid before the House, pursuant to an Order of Yesterday,

"Copy of a Letter from the Chief Secretary for Ireland to His Grace The Duke of Leinster, on the Formation of a Board of Commissioners for Education in Ireland."

And the Title thereof being read by the Clerk;

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

Union with Ireland, Petition from Cork against Repeal of, & against Reform of Parliament, & proposed Plan of Education.

Upon reading the Petition of the Noblemen, Clergy and Gentlemen, Landed Proprietors and others, resident in the County and City of Cork, whose Names are thereunto subscribed; praying "for their Lordships most serious Attention to the undisguised Efforts now making to dissolve the Union of Great Britain and Ireland, which, if not speedily arrested, must lead to Revolution and Civil War;" and further praying their Lordships to adopt such Legislative Enactments as will resist the Progress of that revolutionary and disloyal Spirit which now agitates Ireland, and thus preserve the Integrity of this United Kingdom; and that their Lordships will reject any Measures which would diminish the just Influence of Property in our Representative System, to uphold our Established Church in its Rights and Privileges, and never to sanction a System of National Education which rejects the Bible as the Basis of Instruction:"

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

Remedies against the Hundred Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act to extend the Provisions of an Act of the Seventh and Eighth Years of the Reign of His late Majesty King George the Fourth, relative to Remedies against the Hundred."

Ordered, That the said Bill be committed to a Committee of the Whole House.

W. Crowder to enter into a Recogce on E. Crowder's Appeal.

The House being moved, "That William Crowder of Type Street, Chiswell Street, in the City of London, Gentleman, may be permitted to enter into a Recognizance for Mrs. Elizabeth Rebecca Crowder or Turnley, on account of her Appeal depending in this House, she being in Scotland:"

The same was agreed to; and Ordered accordingly.

Phipps v. Ackers:

Upon reading the Petition and Appeal of Sophia Phipps Widow, complaining of a Decretal Order of the Court of Chancery, of the 19th of December 1831, which Order was duly signed and inrolled on the 13th Day of March 1832, and made in a certain Cause wherein the said Sophia Phipps was Plaintiff, and Benjamin Williams, George Holland Ackers, James Ackers, George Singleton, John Halsall, Richard Mayor and Ellen his Wife, and Robert Cottam, were Defendants; and praying, "That the said Order may be reversed, or that the Appellant may have such other Relief in the Premises, as to this House, in their Lordships great Wisdom, shall seem meet; and that the said George Holland Ackers may be required to answer the said Appeal:"

It is Ordered, That the said George Holland Ackers may have a Copy of the said Appeal, and do put in his Answer thereunto, in Writing, on or before Friday the 30th Day of this instant March.

G. Phipps to enter into a Recogce on it.

The House being moved, "That George Phipps of Bishops Stortford, in the County of Hertford, Gentleman, may be permitted to enter into a Recognizance for Sophia Phipps, on account of her Appeal depending in this House, she residing in the Country:"

The same was agreed to; and Ordered accordingly.

Zemindar of Nozeed Bill, Order for 2 a:

Ordered, That the Bill, intituled, "An Act for providing for the Discharge of a Claim in respect of Monies advanced by the late James Hodges Esquire on Security of the Lands of the late Zemindar of Nozeed and Mustaphanagur, in the District of Fort Saint George, in the East Indies, now under the Government of The Honorable the East India Company," be read a Second Time on Tuesday next.

East India Co. to be heard against it.

Ordered, That The United Company of Merchants of England trading to the East Indies be then at liberty to be heard by their Counsel against the said Bill, as desired; and that Counsel be also at liberty to be heard in favor of the Bill.

Berwick Roads Bill.

Hodie 2a vice lecta est Billa, intituled, "An Act for more effectually repairing the Road leading from Berwick-upon-Tweed, by Ayton Bridge and Ayton, to Dunglas Bridge, and the Roads from Billie Causeway and Preston Bridge to join the said Road at or near Houndwood House and Bankhouse respectively, in the County of Berwick."

Ordered, That the said Bill be committed to the Consideration of the Lords present this Day:

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.

Motion for Papers relative to Belgium made & withdrawn.

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

It was moved, "That an humble Address be presented to His Majesty, to request that His Majesty will be graciously pleased to order that there be laid before this House,

"Copies or Extracts of the following Dispatches from The Earl of Aberdeen to Lord Stuart de Rothesay G. C. B. His Majesty's Ambassador at Paris:

"Dated.Numbered.
"September 5,183050.
"28 -53, with the Inclosure.
"October 3 -55.
" 15 -58.
" 22 -61, with Four Inclosures.
" 22 -62.
" 22 -63.
" 26 -65, with Two Inclosures.

And also "Copies or Extracts of the following Dispatches from Lord Stuart de Rothesay G. C. B. to The Earl of Aberdeen:

"Dated.Numbered.
"August 30, 1830456.
" 31 -462.
"September 3 -467, Extract.
" 6 -476.
" 10 -486.
" 13 -482.
" 17 -497, Extract.
" 20 -508.
" 24 -518.
" October 1 -527.
" 4 -533.
" 8 -540.
" 11 -545.
" 15 -552, Extract.
" 19 -566.
" 25 -576.
" 25 -579.
" 25 -580, Extract.
" 29 -583.
" November 6 -609.
" 8 -612.
" 8 -613."

Which being objected to After short Debate,

The said Motion was (by Leave of the House) withdrawn.

Plurality of Benefices Bill.

The Order of the Day being read for the House to be put into a Committee upon the Bill, intituled, "An Act to restrain and regulate the holding of Plurality of Dignities and Benefices by Spiritual Persons;" and for the Lords to be summoned;

The House was accordingly adjourned during Pleasure, and put into a Committee upon the said Bill.

After some Time, the House was resumed:

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

Papers Ordered:

Ordered, That there be laid before this House,

Read Pedigree:

"Copy of the Proceedings of the Chapter of the College of Arms, London, of the 30th April 1810, relative to the Read Pedigree:"

Also, "Copy of the Proceedings of the Chapter of the said College, of the 2d June 1811, and of all Documents therein entered, relative to the Claims of Rear Admiral Sir Chichester Fortescue Knight, Ulster King of Arms, and also of those relative to the Read Pedigree:"

Also, "Copies of the Proceedings of the Chapter of the said College, of the 13th June 1813, 3d July 1813 and 6th June 1813, relative to the Read Pedigree:"

Also, "Copy of a Letter from Sir William Betham, Deputy Ulster King of Arms, to George Nayler Esquire, York Herald, dated 31st March 1814, relative to the Read Pedigree, and to the Entries in the Baronets Book of the said College, and of all other Correspondence which was laid before the Chapter of the said College, or remains among their Papers, relative to the Matter of Read:"

Also, "Copy of the said Letter from Sir William Betham to George Nayler Esquire, dated 31st March 1814; from the Office of Arms, Dublin:"

Baronies of Kingsale:

Also, "Copy of the Report of Philip Tisdall Esquire, Attorney General, and John Gore Esquire, Solicitor General for Ireland, on the Petition of John de Courcy, claiming to be Baron Kingsale and Baron Courcy of Ringrone, of the Kingdom of Ireland, dated 27 Augt 1761; from the Secretary's Office, Dublin Castle:"

of Athenry:

Also, "Copy of the Report of The Attorney and Solicitor General for Ireland on the Petition of Thomas Birmingham Daly Henry Sewell Esquire, claiming the Title of Baron of Athenry, dated 1800; from the Secretary's Office in Dublin Castle:"

of Delvin:

Also, "Copy of like Report from the same Law Officers on the Petition of Governor Nugent, claiming to be One of the Co-heirs of the Barony of Delvin, dated 3d Nov. 1800; from the Secretary's Office in Dublin Castle:"

Also, "Copy of the Report of The Attorney and Solicitor General of Ireland on the Petition of Andrew Nugent Esquire, claiming to be One of the Co-heirs of the said Barony of Delvin, dated 1814; from the Secretary's Office in Dublin Castle:"

and of Killeen.

And also, "Copy of the Report of The Attorney General and Solicitor General of Ireland on the Memorial of Maurice OConnor of Mount Pleasant, in the King's County, Esquire, claiming to be Baron of Killeen, dated 13th March 1813; from the Secretary's Office in Dublin Castle.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, decimum nonum diem instantis Martii, horâ decimâ Auroræ, Dominis sic decernentibus.