House of Lords Journal Volume 63: 30 November 1830

Die Martis, 30° Novembris 1830.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

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thereunto subscribed; praying their Lordships "that the Act for establishing the Metropolitan Police may be forthwith repealed:"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.