House of Lords Journal Volume 63: 23 November 1830

Die Martis, 23°Novembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Grieve v. Wilson.

After hearing Counsel fully in the Cause wherein John Grieve is Appellant and Thomas Wilson is Respondent:

It is Ordered, That the further Consideration of the said Cause be put off sine Die.

Society of Sol rs of Edinburgh et.al.v.Smillie et al.

After hearing Counsel, in Part, in the Cause wherein the Society of Solicitors of Edinburgh, and others, are Appellants, and Matthew Smillie, and others, are Respondents:

It is Ordered, That the further Hearing of the said Cause be put off' till To-morrow.

Morton v. Hunters & Co.

Ordered, That the Hearing of the Cause wherein James Morton is Appellant, and Messieurs Hunters and Company are Respondents, which stands appointed for this Day, be put off to Tuesday next.

Ld. Brougham & Vaux, Lord Chancellor, introduced.

His Royal Highness The Duke of Gloucester acquainted the House, "That His Majesty had been pleased to create The Right Honorable Henry Brougham, Lord Chancellor of that Part of the United Kingdom of Great Britain and Ireland called Great Britain, a Peer of these Realms."

Whereupon his Lordship, taking in his Hand the Purse with the Great Seal, retired to the lower End of the House, and having there put on his Robes, was introduced between The Lord Durham, Lord Privy Seal, and The Lord Wellesley, Lord Steward, (also in their Robes,) the Gentleman Usher of the Black Rod and Garter King of Arms preceding: His Lordship laid down his Patent upon the Chair of State, kneeling, and from thence took and delivered it to the Clerk, who read the same at the Table; which bears Date the Twenty-second Day of November, in the First Year of the Reign of His present Majesty, whereby is granted to his Lordship, and the Heirs Male of his Body, the Stile and Title of Baron Brougham and Vaux, of Brougham, in the County of Westmorland.

His Writ of Summons was also read as follows; (viz ^t.)

"William the Fourth, by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith; To Our right trusty and wellbeloved Councillor Henry Brougham of Brougham, in Our County of Westmorland, Chevalier, Greeting: Whereas Our Parliament, for arduous and urgent Affairs, concerning Us, the State and Defence of Our United Kingdom of Great Britain and Ireland, and the Church, is now met at Our City of Westminster; We, strictly enjoining, command you, under the Faith and Allegiance by which you are bound to Us, that, considering the Difficulty of the said Affairs and Dangers impending, all Excuses being laid aside, you be personally present at Our aforesaid Parliament with Us, and with the Prelates, Nobles and Peers of Our said Kingdom, to treat of the aforesaid Affairs, and to give your Advice; and this you may in nowise omit, as you tender Us and Our Honour, and the Safety and Defence of the said Kingdom and Church, and the Dispatch of the said Affairs.

"Witness Ourself at Westminster, the Twenty-second Day of November, in the First Year of Our Reign.

"Bathurst."

Then his Lordship, at the Table, took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes; and was afterwards placed on the lower End of the Barons Bench, and from thence went to the upper End of the Earls Bench, and sat there as Lord Chancellor, and then returned to the Woolsack.

The House was adjourned during Pleasure.

The House was resumed.

Ld. Holland takes the Oaths.

This Day Henry Richard Lord Holland took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

E. of Shaftesbury chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden, The Lord Wynford and The Lord Chief Baron of the Court of Exchequer, appointed Speakers by His Majesty's Commissions, being absent, the Lords unanimously chose The Earl of Shaftesbury to be Speaker pro tempore:

And his Lordship took his Seat upon the Woolsack accordingly.

Ld. Ross takes the Oaths.

This Day George Lord Ross took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

The House was adjourned during Pleasure.

The House was resumed by The Lord Chancellor.

Slavery, Petitions for Abolition of: (Berwick upon Tweed:)

Upon reading the Petition of the Members of the Relief Presbyterian Congregation of the Borough of Berwick upon Tweed, whose Names are thereunto subscribed; praying their Lordships "not to leave that important Matter, the Abolition of Slavery, any longer to the Colonial Legislatures, but to reserve it wholly in the Hands of the British Legislature, and, with the least possible Delay, to adopt such efficient Measures, consistent with the Ends of substantial Justice, as their Lordships may see meet, to bring about a speedy and complete Abolition of Slavery throughout all the British Dominions:"

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

Tottenham High Cross:

Upon reading the Petition of the Inhabitants of the Parish of Tottenham High Cross, in the County of Middlesex, whose Names are thereunto subscribed; praying their Lordships, "not only to denounce Slavery as an iniquitous System upon which Evils are inseparably attendant, but forthwith to pass a Law for its early and utter Extinction:"

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

Ongar:

Upon reading the Petition of the Inhabitants of Ongar and its Vicinity, whose Names are thereunto subscribed:

Westham:

Also, Upon reading the Petition of the Inhabitants of the Parish of Westham, in the County of Sussex, whose Names are thereunto subscribed:

Bishop Stortford:

Also, Upon reading the Petition of the Inhabitants of Bishop Stortford, in the County of Hertford, and its Vicinity, whose Names are thereunto subscribed:

Stowmarket:

Also, Upon reading the Petition of the Inhabitants of the Town of Stowmarket, in the County of Suffolk, whose Names are thereunto subscribed:

Combs:

Also, Upon reading the Petition of the Inhabitants of the Parish of Combs, in the County of Suffolk, whose Names are thereunto subscribed:

Baptists, Walsham le Willows:

Also, Upon reading the Petition of the Minister and Members of the Congregation of Protestant Dissenters of the Baptist Persuasion at Walsham le Willows, in the County of Suffolk, whose Names are thereunto subscribed:

Fakenham:

Also, Upon reading the Petition of the Members of the Church and Congregation assembling at the Independent Meeting House, Fakenham, Norfolk, and others, Inhabitants of that Town and its Vicinity, whose Names are thereunto subscribed:

Rattlesden:

Also, Upon reading the Petition of the Minister and Members of the Congregation of Baptists in Rattlesden, in the County of Suffolk, whose Names are thereunto subscribed:

Inhabitants of Walsham le Willows:

Also, Upon reading the Petition of the Inhabitants of Walsham le Willows, in the County of Suffolk, whose Names are thereunto subscribed:

Luddenden:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Luddenden Chapel, in the Parish of Halifax, in the County of York, whose Names are thereunto subscribed:

Seacroft:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Wesleyan Chapel at Seacroft, near Leeds, in the County of York, whose Names are thereunto subscribed:

Rothwell:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at a Chapel situate at Rothwell, in the County of York, whose Names are thereunto subscribed:

Brightholmlee:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Brightholmlee Chapel, near Sheffield, in the County of York, whose Names are thereunto subscribed:

Farnley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping in Farnley Chapel, in the County of York, whose Names are thereunto subscribed:

Sherburn:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists at Sherburn, in the West Riding of the County of York, whose Names are thereunto subscribed:

Cawthorne:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Cawthorne Chapel, in the County of York, whose Names are thereunto subscribed:

Kimberworth:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Kimberworth, in the County of York, whose Names are thereunto subscribed:

Cullingworth:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Cullingworth Chapel, in the Parish of Bradford, in the County of York, whose Names are thereunto subscribed:

Bramley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Bramley, in the County of York, whose Names are thereunto subscribed:

Hovingham:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Hovingham, in the County of York, whose Names are thereunto subscribed:

Honley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Honley Chapel, in the County of York, whose Names are thereunto subscribed:

Wath:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Wath, in the County of York, whose Names are thereunto subscribed:

Knottingley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Knottingley Chapel, in the County of York, whose Names are thereunto subscribed:

Wadsley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Wadsley Chapel, near Sheffield, in the County of York, whose Names are thereunto subscribed:

Horseforth:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping in Horseforth Chapel, in the County of York, whose Names are thereunto subscribed:

Denby Dale:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Denby Dale Chapel, Township of Cumberworth, in the County of York, whose Names are thereunto subscribed:

Guiseley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Guiseley Chapel, in the County of York, whose Names are thereunto subscribed:

Handsworth Woodhouse:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Handsworth Woodhouse Chapel, near Sheffield, in the County of York, whose Names are thereunto subscribed:

Baxtergate:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Baxtergate Chapel, Whitby, in the County of York, whose Names are thereunto subscribed:

Swinefleet:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Swinefleet Chapel, in the County of York, whose Names are thereunto subscribed:

Penistone:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Penistone Chapel, in the County of York, whose Names are thereunto subscribed:

Dale-End:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Wesleyan Chapel, Dale-End, in the County of York, whose Names are thereunto subscribed:

Mytholmrayd:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Mytholmrayd Chapel, in the Parish of Halifax, in the County of York, whose Names are thereunto subscribed:

Swinton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Swinton, in the County of York, whose Names are thereunto subscribed:

South Elmsal:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at South Elmsal Chapel, in the County of York, whose Names are thereunto subscribed:

Marsett:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Marsett Chapel, in the North Riding of the County of York, whose Names are thereunto subscribed:

Tollerton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Tollerton Chapel, in the County of York, whose Names are thereunto subscribed:

Nafferton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Wesleyan Chapel, Nafferton, in the County of York, whose Names are thereunto subscribed:

Farsley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at their Chapel in Farsley, in the County of York, whose Names are thereunto subscribed:

Wistow:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists at Wistow, in the West Riding of the County of York, whose Names are thereunto subscribed:

Armley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping in Armley Chapel, in the County of York, whose Names are thereunto subscribed:

Welburn:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Welburn, in the County of York, whose Names are thereunto subscribed:

South Milford:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists at South Milford, in the Parish of Sherburn, in the West Riding of the County of York, whose Names are thereunto subscribed:

Sandholme:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at their Chapel in Sandholme, in the County of York, whose Names are thereunto subscribed:

Wickersley:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Wickersley, in the County of York, whose Names are thereunto subscribed:

Askham:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Askham Chapel, in the County of York, whose Names are thereunto subscribed:

Austwick:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Austwick Chapel, in the County of York, whose Names are thereunto subscribed:

Barton le Willows:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel, Barton le Willows, in the County of York, whose Names are thereunto subscribed:

Melmerby:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Melmerby Chapel, in the County of York, whose Names are thereunto subscribed:

Beeford:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Wesleyan Chapel, Beeford, in the County of York, whose Names are thereunto subscribed:

Elmet, Leeds:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Barwick Chapel, in Elmet, near Leeds, in the County of York, whose Names are thereunto subscribed:

Bishop Wilton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Bishop Wilton Chapel, in the County of York, whose Names are thereunto subscribed:

Market Weighton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at their Chapel at Market Weighton, in the County of York, whose Names are thereunto subscribed:

Grimesthorpe:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Grimesthorpe Chapel, near Sheffield, in the County of York, whose Names are thereunto subscribed:

Smeaton:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Smeaton Chapel, in the County of York, whose Names are thereunto subscribed:

Little Ouseburn:

Also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Little Ouseburn Chapel, in the County of York, whose Names are thereunto subscribed:

Pickhill:

And also, Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at Pickhill Chapel, in the County of York, whose Names are thereunto subscribed; severally praying their Lordships "to adopt forthwith the most decisive and effectual Measures for securing the early and utter Extinction of Slavery in the British Colonies:"

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

Jedburgh:

Upon reading the Petition of the Inhabitants of the Royal Burgh of Jedburgh and its Vicinity, whose Names are thereunto subscribed; praying their Lordships, "That the Abolition of Slavery, which Christian Benevolence has at Heart, may be accomplished without violating the Claims of substantial Justice:"

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

Newbury.

Upon reading the Petition of the Ministers and Members of the Congregation of Protestant Dissenters assembling for Worship at the Independent Chapel, Newbury, Berks, whose Names are thereunto subscribed; praying their Lordships "immediately to restore to their Fellow Subjects, the Slaves in the West Indian Colonies, the Rights and Liberties of which they are now forcibly deprived, and then to take adequate Measures for raising them from their State of social and moral Degradation, as a just Compensation for the Wretchedness they have endured:"

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

Duddeston & Nechells:

Upon reading the Petition of the Inhabitants of the Hamlet of Duddeston and Nechells, in the Parish of Aston juxta Birmingham, in the County of Warwick, whose Names are thereunto subscribed; praying their Lordships, "That the foul Stain of Slavery may be obliterated from the Annals of a Nation calling itself Christian, by such Measures as to their Lordships may seem fit:"

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

St. John's Chapel, Bedford Row:

Upon reading the Petition of the Ministers and Members of the Congregation of Saint John's Chapel, Bedford Row, London, whose Names are thereunto subscribed; praying their Lordships, "with due Consideration of the Interests of our Fellow Subjects involved in the Existence of Slavery, to take effectual Measures for its early and entire Abolition; 'till which Consummation they further pray, That every Christian Missionary in the Colonies may be fully protected in the peaceable Exercise of his Ministry; and that entire Liberty to worship God according to his Conscience may be secured to every Christian Slave:"

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

Coventry:

Upon reading the Petition of the Inhabitants of Coventry and its Vicinity, whose Names are thereunto subscribed; praying, "That their Lordships will take Measures for the immediate Extinction of Slavery in the British Dominions, under such Regulations as they may deem necessary:"

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

Walsoken:

Upon reading the Petition of the Inhabitants of the Parish of Walsoken, in the County of Norfolk, whose Names are thereunto subscribed; praying their Lordships, "That this Session of Parliament be not suffered to elapse without the final Adjustment of a Measure (the Abolition of Slavery) which both Reason and Religion appear to impose upon a Christian Legislature, as an imperative and indefeasible Obligation:"

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

Staithes:

Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel in Staithes, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to adopt such Measures as shall forthwith put an end to the horrible System of Slavery altogether, and secure the full and complete Emancipation of every Slave in every Place where the Authority of the British Government is acknowledged and obeyed:"

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

Stokesley.

Upon reading the Petition of the Members of a Society and Congregation of Wesleyan Methodists worshipping at the Methodist Chapel in Stokesley, in the County of York, whose Names are thereunto subscribed; praying their Lordships "to adopt, without Compromise or Delay, such decisive and effectual Measures for the complete and universal Emancipation of the Slave Population in every Part of the British Dominions as shall remove at once this crying Evil, and elevate to a still prouder Eminence the unrivalled Character of the British Nation:"

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

Administration of Justice Bill.

A Message was brought from the House of Commons, by Sir Alexander Grant and others;

With a 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 Term, in certain Cases;" to which they desire the Concurrence of this House.

The said Bill was read the First Time.

Ordered, That the said Bill be printed.

Coals carried Coastwise, Petition from Brixham for Repeal of Duty on.

Upon reading the Petition of the Inhabitants of the Town and Parish of Brixham, Devon, whose Names are thereunto subscribed; praying their Lordships, "That the existing Laws relative to the Coal Trade may forthwith be revised; and if it seemed prudent to their Lordships, that the Duties on Seaborne Coal may be altogether abolished:"

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

Judgment & Execution Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for the more speedy Judgment and Execution in Actions brought in His Majesty's Courts of Law at Westminster."

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

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

Interpleader Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to enable Courts of Law to give Relief against adverse Claims made upon Persons having no Interest in the Subject of such Claims."

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

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

Prohibition & Mandamus Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act to improve the Proceedings in Prohibition, and on Writs of Mandamus."

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

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

Arbitration Bill.

The Earl of Shaftesbury (according to Order) reported the Amendments made by the Committee of the Whole House to the Bill, intituled, "An Act for settling Controversies by Arbitration."

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

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

Adjourn.

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