House of Lords Journal Volume 63: 22 April 1831

Die Veneris, 22°Aprilis 1831.

REX.

DOMINI tam Spirituales quam Temporales præsentes fuerunt:

PRAYERS.

Gardiner v. Simmons, Respondent's Petition to lodge his Case, referred to Appeal Com ee.

Upon reading the Petition of Stephen Simmons, Respondent in a Cause depending in this House, to which William Spells Gardiner is Appellant; praying their Lordships, "That he may have Leave to lay his Cases on the Table of this House nunc pro tunc:"

It is Ordered, That the said Petition be referred to the Committee appointed to consider of the Causes in which Prints of the Appellants and Respondents Cases, now depending in this House in Matters of Appeals and Writs of Error, have not been delivered, pursuant to the Standing Orders of this House.

Scott v. Allnutt & Mackenzie, Petition to revive on Part of the Appellant, referred to Appeal Com ee.

Upon reading the Petition of William Ainslie Turner; praying their Lordships, "That he may be permitted to revive the Appeal depending in this House wherein James Scott, lately deceased, was Appellant, and John Allnutt and Thomas Mackenzie are Respondents, by making himself Party Appellant:"

It is Ordered, That the said Petition be referred to the last-mentioned Committee.

M. of Westmeath takes the Oaths.

This Day George Thomas John Marquess of Westmeath took the Oaths, and also took and subscribed the Oath of Abjuration, pursuant to the Statutes.

Post Office Sale Bill:

Hodie 3^a vice lecta est Billa, intituled, "An Act for enabling His Majesty's Post Master General to sell the Premises lately used as the Post Office in Lombard Street, Abchurch Lane and Sherborne Lane, in the City of London."

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

It was resolved in the Affirmative.

Message to H.C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Harvey and Mr. Cross;

To acquaint them, That the Lords have agreed to the said Bill, without any Amendment.

3d Report from Comee on the Poor Laws to be printed.

Ordered, That the Report from the Select Committee appointed to consider of the Poor Laws, made to the House on Tuesday last, be printed.

Reform of Parliament, Petition of The Provost, &c. of Forres to preserve the Right of voting by Delegate to the Burgh.

Upon reading the Petition of The Provost, Magistrates and Town Council of the Royal Burgh of Forres, under their Common Seal; praying their Lordships, "That whatever Law they may deem it proper to enact for the Extension of the Elective Franchise in the Scottish Burghs, to preserve to this Burgh the Right of tendering its Vote by Delegate as heretofore in the Election of Members to serve in Parliament, and also to provide that the Votes within Burgh shall be registered and taken under the Direction of its own Magistrates as hitherto observed:"

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

Reform of Parliament, Petition from Selkirkshire against the proposed Measure.

Upon reading the Petition of the Freeholders, Commissioners of Supply, Heritors and Tenants of the County of Selkirk, whose Names are thereunto subscribed; praying their Lordships "to maintain and defend the best Interests of the Country and its valuable Institutions, by rejecting the present Project of Reform brought forward by His Majesty's Ministers, and substituting in its Place a Measure of Reform consistent with the Preservation of these Interests and Institutions:"

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

Comee on the Poor Laws, further Report of Evidence.

The Marquess of Salisbury reported further Minutes of Evidence taken before the Select Committee appointed to consider of the Poor Laws, to this Day inclusive.

The said Evidence was read by the Clerk. (fn. 1)

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

The House was adjourned during Pleasure.

E. of Shaftesbury chosen Speaker pro tempore.

The Lord Chancellor not being present, and The Lord Tenterden and The Lord Wynford, appointed Speakers by His Majesty's Commissions, being absent;

It was moved, "That The Earl of Shaftesbury be appointed Speaker pro tempore."

The Question was put thereupon?

It was resolved in the Affirmative.

And his Lordship took his Seat upon the Woolsack accordingly.

Motion that Standing Order No. 1 be read.

It was moved, "That the Standing Order No. 1, as to the Sitting of the Lords in the House, be now read."

The Lord Chancellor resumed the Woolsack.

Sub-letting Act (Ireland) Amendment Bill.

The Order of the Day for the Second Reading of the Bill, intituled, "An Act to repeal an Act passed in the Seventh Year of His late Majesty King George the Fourth, intituled, "An Act to amend the Law of Ireland respecting the Assignment and Sub-letting of Lands and Tenements," and to substitute other Provisions in lieu thereof;" and for the Lords to be summoned, was read.

Motion for an Address to His Majesty not to dissolve the Parliament.

It was moved, "That an humble Address be presented to His Majesty, humbly to represent to His Majesty, that we, His Majesty's most dutiful and loyal Subjects, the Lords Spiritual and Temporal in Parliament assembled, think ourselves bound in Duty humbly to represent to His Majesty, that alarming Reports of an intended Dissolution of Parliament have gone forth: That, dutifully acknowledging the Wisdom of the Constitution in trusting to the Crown that just and legal Prerogative, and fully confiding in His Majesty's Royal Wisdom and paternal Care of His People, for the most beneficial Exercise of it, we desire, with great Humility, to represent to His Majesty, that it appears to us that a Prorogation or Dissolution of Parliament at the present Juncture, and under the present Excitement of the Public Mind both in Great Britain and Ireland, is likely to be attended with great Danger to His Majesty's Crown and Dignity, and to every Institution of the State, by preventing that calm and deliberate Consideration of any Question tending to the Reform of the Representation of the People, which the Importance of that Subject so especially requires."

The Lord Chancellor took the Seals, and left the House to attend The King.

E. of Shaftesbury chosen Speaker pro tempore.

It was moved, "That The Earl of Shaftesbury be appointed Speaker pro tempore."

The Question was put thereupon?

It was resolved in the Affirmative.

And his Lordship took his Seat upon the Woolsack accordingly.

Then the Debate on the Motion for the Address to His Majesty was resumed.

After short Debate,

The King present:

His Majesty entered the House, and being seated on the Throne, adorned with his Crown and Regal Ornaments, and attended by His Officers of State, (the Lords being in their Robes,) commanded the Gentleman Usher of the Black Rod, through the Deputy Lord Great Chamberlain, to let the Commons know, "It is His Majesty's Pleasure that they attend him immediately in this House."

Who being come, with their Speaker;

He, after a Speech to His Majesty, delivered the Money Bill to the Clerk, who brought it to the Table, where the additional Clerk Assistant read the Title of that and the other Bills to be passed, severally, as follow; (viz ^t.)

Bills passed:

1. "An Act for the Support of His Majesty's Household, and of the Honor and Dignity of the Crown of the United Kingdom of Great Britain and Ireland."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (viz t.)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

2. "An Act to indemnify such Persons in the United Kingdom as have omitted to qualify themselves for Offices and Employments, and for extending the Time limited for those Purposes respectively until the Twenty-fifth Day of March One thousand eight hundred and thirty-two; to permit such Persons in Great Britain as have omitted to make and file Affidavits of the Execution of Indentures of Clerks to Attornies and Solicitors to make and file the same on or before the First Day of Hilary Term One thousand eight hundred and thirty-two; and to allow Persons to make and file such Affidavits, although the Persons whom they served shall have neglected to take out their Annual Certificates."

3. "An Act to amend an Act of the Sixth Year of His late Majesty, to regulate the Trade of the British Possessions Abroad."

4. "An Act for enabling His Majesty's Post Master General to sell the Premises lately used as the Post Office in Lombard Street, Abchurch Lane and Sherborne Lane, in the City of London."

5. "An Act to alter and amend the several Acts now in force for the assessing, collecting and levying of County Rates, so far as the same relate to the County of Middlesex."

6. "An Act for better supplying with Water the several Hamlets of Beard, Ollerset, Thornset and Whittle, in the Parish of Glossop, in the County of Derby."

7. "An Act for making the River Waveney navigable for Ships and other Sea-borne Vessels from Rosehall Fleet to the Mouth of Oulton Dyke; and for making and maintaining a Navigable Cut from the said River at Carlton Shares Mill into the said Dyke leading to Oulton Broad, in the County of Suffolk."

8. "An Act for amending and enlarging the Powers and Provisions of the several Acts relating to the Liverpool and Manchester Railway."

9. "An Act for better supplying with Water the several Townships of Hyde, Werneth and Newton, in the County Palatine of Chester."

10. "An Act for embanking, draining, improving and preserving certain Fen Lands and Low Grounds lying in the Parish of Yaxley, in the County of Huntingdon, called "The Undrained Fen."

11. "An Act to enlarge and amend the Powers and Provisions of the several Acts relating to the Birmingham and Liverpool Junction Canal, and to better supply the said Canal with Water."

12. "An Act to consolidate and extend the Powers and Provisions of the several Acts relating to the Navigation from the Trent to the Mersey."

13. "An Act for making and maintaining a Railway from the Borough of Wigan to the Borough of Preston, both in the County Palatine of Lancaster, and Collateral Branches to communicate therewith."

14. "An Act for taking down the Parish Church of Great Marlow, in the County of Buckingham, and for rebuilding the same on or near the present Site thereof."

15. "An Act for more effectually keeping in Repair several Roads in the County of Carmarthen, usually called the Llandovery District of the Lampeter Roads; and for making and maintaining certain new Lines of Road to communicate therewith."

16. "An Act for more effectually keeping in Repair the Roads from Ludlow-fach to the Town of Llandovery, and from thence to the River Amman, in the County of Carmarthen, and several other Roads in the said County communicating therewith; and for making new Branches of Road in the same County and in the County of Glamorgan."

17. "An Act for maintaining the Road from Enfield Chase, in the County of Middlesex, to Lemsford Mill, in the County of Hertford."

18. "An Act for maintaining and improving the Road from Titchfield to Cosham, in the County of Southampton."

19. "An Act for more effectually repairing and improving the Roads called "The Pucklechurch or Lower District of Roads," in the Counties of Gloucester and Wilts."

20. "An Act for repairing the Turnpike Road from the Salutation Inn to Christian Malford Bridge, in the County of Wilts, called The Draycot or Upper District; and for disuniting the said Road from a certain other Road called The Pucklechurch or Lower District, in the County of Gloucester."

21. "An Act for more effectually repairing and keeping in Repair the Road from Carlowrie Bridge, on the River Almond, to Linlithgow Bridge, on the River Avon, and other Roads in the County of Linlithgow."

22. "An Act for more effectually repairing the Road from Bishopsgate Bridge, in the City of Norwich, to the Caister Causeway, in the County of Norfolk."

23. "An Act for more effectually repairing several Roads in and near the Town of Bruton, and other Roads, in the Counties of Somerset and Wilts; and for making and maintaining Two other Roads communicating therewith."

24. "An Act for more effectually repairing, widening and otherwise improving the Road from the South-east End of the Town of Loughborough, in the County of Leicester, commencing at South Field Lane, to the South End of Cavendish Bridge, in the same County."

25. "An Act for consolidating the Trusts of the several Turnpike Roads in the Neighbourhood of Cheadle, in the County of Stafford, and for making Deviations and new Branches to and from the same."

26. "An Act to amend an Act of the Seventh and Eighth Years of His late Majesty, for the more effectually repairing and otherwise improving the Roads in the County of Glamorgan."

27. "An Act for more effectually repairing and improving the Roads from Tunbridge Wells, in the County of Kent, to the Cross Ways at or near Maresfield Street, and from Florence Farm to Forest Row, in the County of Sussex."

To these Bills the Royal Assent was pronounced, severally, by the Clerk Assistant, in these Words; (viz ^t.)

"Le Roy le veult."

28. "Act for inclosing Lands in the Parish of Milverton, in the County of Somerset."

To this Bill the Royal Assent was pronounced by the Clerk Assistant, in these Words; (viz ^t.)

"Soit fait comme il est desirè."

Then His Majesty was pleased to speak as follows; (viz ^t.)

His Majesty's Speech.

"My Lords, and Gentlemen,

"I have come to meet you for the Purpose of proroguing this Parliament, with a view to its immediate Dissolution.

"I have been induced to resort to this Measure for the Purpose of ascertaining the Sense of My People, in the way in which it can be most constitutionally and authentically expressed, on the Expediency of making such Changes in the Representation as Circumstances may appear to require, and which, founded upon the acknowledged Principles of the Constitution, may tend at once to uphold the just Rights and Prerogatives of the Crown, and to give Security to the Liberties of the People.

"Gentlemen of the House of Commons,

"I thank you for the Provision you have made for the Maintenance of the Honour and Dignity of the Crown, and I offer you my special Acknowledgements for the Arrangements you have made for the State and Comfort of My Royal Consort. I have also to thank you for the Supplies which you have furnished for the Public Service. I have observed with Satisfaction your Endeavours to introduce a strict Economy into every Branch of that Service, and I trust that the early Attention of a new Parliament, which I shall forthwith direct to be called, will be applied to the Prosecution of that important Subject.

"My Lords, and Gentlemen,

"I am happy to inform you that the friendly Intercourse which subsists between Myself and Foreign Powers affords the best Hopes of the Continuance of Peace, to the Preservation of which My most anxious Endeavours will be constantly directed.

"My Lords, and Gentlemen,

"In resolving to recur to the Sense of My People in the present Circumstances of the Country, I have been influenced only by a paternal Anxiety for the Contentment and Happiness of My Subjects; to promote which, I rely with Confidence on your continued and zealous Assistance."

Then The Lord Chancellor, having received Directions from His Majesty, said,

Parliament Prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, That this Parliament be prorogued to Tuesday the 10th Day of May next, to be then here holden; and this Parliament is accordingly prorogued to Tuesday the 10th Day of May next."

(fn. 2) "By the King.

"A Proclamation,

"For dissolving the present Parliament, and declaring the Calling of another.

"WILLIAM R.

"Whereas We have thought fit, by and with the Advice of Our Privy Council, to dissolve this present Parliament, which stands prorogued to Tuesday the Tenth Day of May next: We do, for that End, publish this Our Royal Proclamation; and do hereby dissolve the said Parliament accordingly; and the Lords Spiritual and Temporal, and the Knights, Citizens and Burgesses, and the Commissioners for Shires and Burghs, of the House of Commons, are discharged from their Meeting and Attendance on the said Tuesday the Tenth Day of May next. And We being desirous and resolved, as soon as may be, to meet Our People, and to have their Advice in Parliament, do hereby make known to all Our loving Subjects Our Royal Will and Pleasure to call a new Parliament: And do hereby further declare, that, with the Advice of Our Privy Council, We have given Order to Our Chancellor of that Part of Our United Kingdom called Great Britain and Our Chancellor of Ireland that they do respectively, upon Notice thereof, forthwith issue out Writs, in due Form and according to Law, for calling a new Parliament. And We do hereby also, by this Our Royal Proclamation under Our Great Seal of Our United Kingdom, require Writs forthwith to be issued accordingly by Our said Chancellors respectively, for causing the Lords Spiritual and Temporal, and Commons, who are to serve in the said Parliament, to be duly returned to, and give their Attendance in, Our said Parliament; which Writs are to be returnable on Tuesday the Fourtenth Day of June next.

"Given at Our Court at St. James's, this Twentythird Day of April One thousand eight hundred and thirty-one, and in the First Year of Our Reign.

"God save the King."