the ability, and would have excited all the interest, that such a subject was naturally calculated to call forth. The magnitude of the bill, the certainty that it would give rise to much discussion, and the inconvenience which at this period of the Session would arise from taking such a course, were the only reasons that prevented the bill from being proceeded with.

Lord Lyndhurst expressed his belief, that if the noble Viscount had pressed the measure, no opposition whatever would have been offered to it. The rumour was, that the bill had been stopped by the law officers of the Crown, and some claims that had been made on Ministers. He knew from personal communication, that there was no intention on the part of any one to oppose the bill.

only of all party feelings, but even of all personal feeling and peculiarities of opinion. Every noble Lord who attended to the subject was willing to forget himself and his own peculiar notions-to give up something which he might individually think desirable, or to agree to something which he might individually think rather more than necessary, for the sake of procuring a general concurrence in a most important measure, intended to redress grievances which required the most early attention-and that a bill so passed should have been voluntarily withdrawn, has unavoidably excited not only deep regret, but the greatest surprise. What justification or what excuse is there for a proceeding so extraordinary? No reason deserving the least attention has been assigned. There are those who will naturally suppose that this proceeding must have arisen either from ignorance of the nature and pressure of the grievance intended to be redressed-or from an insensibility to the suffering meant to be relieved-and my principal reason for desiring to pass this bill now, and with this rapidity, is, that it will afford to the country and to the suitors of the Court of Chancery some slight pledge, some earnest however small, that the Legislature is not indifferent to the evils which have been proved to exist in the Court of Chancery.

Bill read a second time.

Lord Brougham said, there seemed to be a misunderstanding with respect to what had taken place on this subject. The bill which had gone down from their Lordships' House was not withdrawn. It was proposed, that it should be read a second time on the 31st of August. If, therefore, Parliament was prorogued before that day, it could not be read a second time. That being the case, their Lordships might now send down this, the second bill. If a disposition existed to agree to a measure for the better administration of justice (and where there was a will there was a way)-if both sides were

Lord Brougham moved that the stand-anxious to take that course, what was to

ing orders be suspended.

Bill read a third time.

prevent the other House from ingrafting on the present bill the provisions of the original bill, which now stood for a second reading on the 31st of August? Thus

On the question that it do pass, Lord Lyndhurst said, he should very much like to know what the noble Vis-that which was said to be the object of count's intentions were with respect to this subject.

all parties, might, if they were sincere, be easily effected. His noble Friend at the Viscount Melbourne lamented as deeply head of the Government said, the rumours as any noble Lord, that the bill which to which his noble and learned Friend rehad been sent down to the Commons was ferred were utterly without foundation not passed in the present Session. He ["No, no," from Lord Lyndhurst]; well, fully admitted the urgency of the case, then, that his noble Friend thought them and that it was desirable to provide a without foundation. Now, it was easy to remedy for the evils which that bill was put these statements to the test, for if the intended to meet. The simple reason why Government were still desirous that the the measure was not proceeded with this provisions of the measure should become Session was, because it would undoubt-law during the present Session, it would edly have led to a greater extent of discussion than was convenient, or, in fact, than they would have been able to get through at this late period of the Session. Unquestionably, there did prevail great difference of opinion on the question,

be easy for his noble Friend the Secretary for the Colonies to ingraft upon the present bill, when it reached the other House, the most important parts of the measure, the second reading of which had been postponed, and if those who sat on the

according to the representation of his noble | the catalogue of crimes in that disturbed and learned Friend, for the success of the district. Under these circumstances it measure, they might agree to such a course being taken, and in this way the difficulty would be got rid of. Bill passed.

became necessary to call a meeting of magistrates of the county, and they assembled to the number of twenty-six in the city of Limerick. That meeting was not of a sectarian or party character. Gentlemen of all political opinions were there

They had all admitted the disturbed state of the county, and had all subscribed their money to obtain secret information of the perpetrators of those crimes. The most frightful circumstance connected with those crimes was, that the greatest part of them had been perpetrated without the possibility of detecting and bringing the offenders to justice. The chair at that meeting was occupied by the hon. Mr. Massey, a gentleman of Conservative opinions. Sir D. Roche, a Member of the other House of Parliament, and holding what he might be allowed in the terms of the day to call very liberal opinions, moved one of the resolutions; and that resolution was seconded by the O'Grady, a supporter of her Majesty's present Govern

DISTURBANCES IN LIMERICK-PALLASKENRY AFFAIR.] The Earl of holding the commission of the peace. Charleville said, that in rising to bring forward the motion of which he had given notice, he must throw himself on the lenient indulgence of their Lordships. Nothing could have induced him to bring forward the subject if he had believed the case to which he was about to refer was one merely of individual wrong, or was confined to that particular locality of Ireland to which he should presently allude. He believed, on the contrary, that the case had a general effect on the peace, security, and tranquillity of a great part of that country, if not the whole of it; and he should not have been satisfied of having discharged his duty, if he had shrunk from the performance of it, by not calling the attention of their Lordships to this subject. On more than one occasionment. Since that time a number of perduring this Session of Parliament he had sons had subscribed their money, amongst felt it to be his duty to call the attention whom was one of the Members for the of their Lordships to the disturbed state county, Colonel Fitzgibbon, and a noble of the county of Limerick; and, to pre- Earl connected with the Government, vent any misunderstanding on the part of whom he did not then see in his placeany noble Lord, he wished now to define he alluded to the noble Earl who was the limits of the district which was so dis- Master of the Horse to her Majesty. He turbed. It was from the Hill of Kilbreedy, trusted he had said enough to show that which was the centre of the barony of there was nothing like a party feeling in Kenry, to an extent of about six or seven that assemblage of magistrates; that it Irish miles around it. The disturbances was not the design of any one party, nor which took place in that district had been on the motion of any influential individual, increasing for the last eighteen months, that they met together to take into consiuntil they had reached a most unparalleled deration the state of that part of the extent. In 1838 in that particular dis- country, and the lawless insurrectionary trict there were four attacks on houses for disturbances that had taken place. the purpose of robbery of arms. In 1839, fortunately, that state of this particular to the month of September, there were district continued, and notwithstanding fifteen attacks on houses for the same pur- the meeting to which he had referred, and pose. From September last year to the the sums of money that were subscribed 1st of April in the present year, there on that occasion, the effect was not such were twenty-two similar attacks on houses; as those Gentlemen had been led to hope and from the 1st of April last up to the pre- and expect. They therefore found it nesent time there had been twenty-five other cessary to summon a second meeting of cases of the same kind reported to him. the local magistracy on the 15th of May But that was one species of crime only, at the town of Pallaskenry. Lord Clarina independent of all others-such as shoot- was in the chair, and a great number of ing with intent to kill; threatening to do the local gentry attended. There were bodily harm; shooting at horses; crop-also present on that occasion three officers ping of horses; and the serving of Rockite

Un

question as to the propriety of the con- I would be sufficient, as it was obvious on duct of John Thorogood, still less of the the face of it that it was a remedy that view which that individual had taken of would not answer the purpose of those church rates, of the law respecting them, who thought they ought not to pay or his duty towards that law. Such being church rates, and would not, more than the opinion of the House, the question in the case of the Quakers, relieve such was, in what manner this discharge should persons further than from being obliged be effected. He certainly was of opinion personally to consent to their payment. with the Attorney-general, that that dis- That state of the law would, he thought, charge might have taken place under the be more simple than the law at present, present state of the law with the consent but that being so much a mattei of disof the prosecutor, without introducing pute, he certainly wished some way should any bill into Parliament. The hon, and be devised for procuring the discharge of learned Gentleman was not in the House this individual without raising the ques. at the time he had stated that opinion, tion on which, in the present state of the which had been concurred in by another session, he was hardly prepared to enter, hon. Member, but the hon. and learned even were he prepared to go as far as the Gentleman was of a different opinion. hon. and learned Gentleman. He thought The hon. and learned Member for the raising a question of this kind at such a Tower Hamlets (Dr. Lushington) con- time, and deciding, in fact, on the whole curred with the hon. and learned Gentle-question of church-rates was a more ime man, and he therefore apprehended, if portant matter of legislation than they they separated without passing a bill on were then in a situation to undertake. the subject, that when ihe learned judge With regard to church-rates under 101., it came to decide on the question, he would was proposed by the hon. and learned decide that he had not power to act in Gentleman's bill that the person who rethe manner in which it was supposed by fused to pay should go before a magistrate, the House he might act under the present and if he allowed the validity of the rate circumstances. If they wished that John it should be levied against his goods ; but Thorogood should be discharged, a bill if he appealed against it, he should go must be introduced for that purpose. Then before the Ecclesiastical Court, and if they came to the manner in which that they decided against him the rate should bill should be framed. The hon. and be levied, as in the first instance. Therelearned Gentleman proposed a bill which fore, in either case the person rated was allowed his discharge, but at the same liable to pay, and if so, the bill decided time provided that his goods, and even the whole question of church-rates. Now, lands, if necessary, might be taken to his (Lord John Russell's) bill was of a find payment of the original debt, and much more simple nature, and without of the costs of the suit ; and, in fact, entering into the technical objections the whole arrangement amounted to which might be made to it, he thought it this, that if that were not done, Mr. Tho. the one which it was most advisable, on rogood might be recommitted under the general grounds the House shonld adopt. bill. He would not argue whether the il provided that, after a person who had bill were right as a general remedy on the been committed for contempt had been in subject, and what he had stated at the prison a considerable time, if it should commencement of the session did not appear to the judge there were sufficient ditier very widely from the view of the grounds for his discharge, and the other hon. and learned Gentleman. But this party should consent to it, he should be was raising an important question in wbich discharged at once. The hon. Gentleman at that period of the session, with the said this did not satisfy the justice of the opinions which had been expressed on the case, and that a person who had originally subject of church-rates, there was no rea- refused to pay church-rates, if discharged son to expect the House would concur. without such payment, should either disIt certainly was his opinion, when he, on charge the rate, or be liable to be again laa former occasion addressed the House hen up and put in prison. This answer to on this subject, that a remedy against the that was, that in a case of that sore he goods might be a sufficient remedy for thought there were not persons who would This question of church-rates; but it was resisi, or, if they did, he thought it would

after them so far; for the vindication of litia Ballots Suspension : Militia Pay.--Read a second

time:-- Marringes Act Amendment: Loan Societies; the law seemed to him to be ostimes beller

Clergy Reserves (Canada).-Road a third time :-Toll on maintained by taking no further notice of Lime; County Constabulary. such offenders. This conduct was never Petitions presentert. By the Bishop of Exetet, from Bever

key. Slockton-on-Tees, Durham, Sedgley, Darlington, followed by Sir Robert Walpole, who,

Newmarket, and Kingston (Upper Canada), and other when a member of that House had made places, against the clergy Reserves (Canada) B:U ; and

from the Ononaga, and other tribes of North American an almost treasonable speech, said, "I

Inxtans, for the support and Extension of the Church of kuow that honourable gentleman wishes England in Lrper ('anaria.-By Lord Colbore, from In

haintants of St. Giles's-in-the-Fields, against the Metropolis to be commilled to the Tower, but I shall

Improveincnt Bill-By Loru Lyndhurst, from two Indido no such thing." Prosccutions of this

Tuals, sur Coinpensation in the event of the Insh Mu. kind often made the whole importance of niej Bill becoining Law; and from artan Inhabithe person thus prosecuted, and, seeing

Lants of St. George's, Hanover-square, against the

Parochial Assessment Bill. -By the Marquess of Londonthat this matter bad lasted long enough,

derry, from Members of the General Assembly of the and being, as he was, for the continuance Presbyterian Church of Ireland, and frorn Aberdeen.

against Eeclesiastical l'atrın.ge. - By the Marquess of of payments which were necessary for the

Lansdowne, and Lord Broughan, from Leeds, and anomaintenance of the law, he said in a case

ther place, against the Encouragement of Idulatry in of this kind they were much more likely Inde-By the Earl of Devon, from the Incorporated to maintain the law by taking the speediest

Law Society, to remove the Law Courts from Wol.

minster-hall to Lincula's-inn-felds. mode of discharging this individual than continuing to enforce payment. He there

COURTs or EQUITY.] Lord Brougham fore thought bis bill preferable to that of moved the second reading of the bill for the hon. and learned Gentleman, the re facilitating the Administration of Justice medy proposed in it being the speediest. in the Court of Chancery. The Attorney General thought there

Lord Langdale : My Lords, I beg leave could be no objection to give the Eccle- to express my approbation of this bill, and siastical Courts the power to discharge a my hope that it may pass into a law during contumacious person from custody, with the present Session. If this bill bad, as the consent of the prosecutor. His own was intended, formed part of the bill for faobjection to the bill was, that it was un cilitating the administration of justice which necessary; for he was of opinion that the lately passed this House--and if it had been ecclesiastical courts had the power already, followed by the bill for the regulation of in common with the courts of law, of dis- the Chancery offices, which my noble and charging a person who was in custody for learned Friend on the woolsack bas procontempt. However, as the hon. and mised to introduce in the next Session-learned Gentleman opposite, and the it might have been hoped, that the powers courts themselves, were of opinion that which this bill proposes to confer on the they had not that power, he was desirous judges of the Couri of Chancery, would that the bill of his noble Friend should have produced very extensive benefit. I pass. According to the analogies of the am afraid, that without the increase of law, Thorogood had been long enough in judicial power which was intended by prison to satisfy the debt. If he had been the late bill, and without the power to in prison only iwelve mouths for a debt of regulate offices held by persons who have 201., the court of law, from which the provested interests and to give compensation, cess had issued, would discharge him on the good to be effected by this bill will a simple motion in court to that effect. Ile not be very great-but still it will enable therefore thought that there could be po- the judges to do some useful things which thing to apprehend from now discharging they cannot now effectuate, and that alone John Thorogood, leaving all ber Majesty's is with me a sufficient reason for supportsubjects stili liable to ihe tax which he ing the bill. But I confess, that my prinso much deprecated.

cipal reason for wishing the bill to pass Amendment negatived.

now, arises from what is to me the uninThe bill (No. 1) passed through com-telligible withdrawal of the bill for facilimittee, and was ordered to be reported. lating the administration of justice from Bill No. 2 withdrawn.

the other House of Parliament. The urgent

nature of that bill had been acknowledged HOUSE OF LORDS,

by all; and the circumstances under which

it passed this House, were, (considering Monday, August 3, 1840.

The subject), not a little remarkable -

only of all party feelings, but even of all the ability, and would bave excited all personal feeling and peculiarities of opi- the interest, that such a subject was natu. nion. Every noble Lord who attended rally calculated to call forth. The magto the subject was willing to forget him- nitude of the bill, the certainty that it self and his own peculiar notions-to give would give rise to much discussion, and up something which he might individually the inconvenience which at this period of think desirable, or to agree to something the Session would arise from taking such which he might individually think rather a course, were the only reasons that premore than necessary, for the sake of pro- vented the bill from being proceeded with. curing a general concurrence in a most Lord Lyndhurst expressed his belief, important measure, intended to redress that if the noble Viscount had pressed the grievances which required the most early measure, no opposition whatever would attention—and that a bill so passed should have been offered to it. The rumour was, have been voluntarily withdrawn, has un that the bill had been stopped by the law avoidably excited not only deep regret, officers of the Crown, and some claims but the greatest surprise. What justific that had been made on Ministers. He cation or what excuse is there for a pro- knew from personal communication, that ceeding so extraordinary? No reason de there was no intention on the part of any serving the least attention has been as. one to oppose the bill. signed. There are those who will naturally Lord Brougham said, there seemed to suppose that this proceeding must have be a misunderstanding with respect to arisen either from ignorance of the nature what had taken place on this subject. and pressure of the grievance intended to The bill which had gone down from iheir be redressed-or from an insensibility to Lordships' llouse was not withdrawn. It the suffering meant to be relieved-and was proposed, that it should be read a my principal reason for desiring to pass second time on the 31st of August. ll, this bill now, and with this rapidity, is, therefore, Parliament was prorogued bethat it will afford to the country and 10 fore that day, it could not be read a se. the suitors of the Court of Chancery some cond time. That being the case, their slight pledge, some earnest however small, Lordships might now send down this, the that the Legislature is not indifferent 10 second bill. If a disposition existed to the evils which have been proved to exist agree to a measure for the better adminis. in the Court of Chancery.

tration of justice (and where there was a Bill read a second time.

will there was a way)-is both sides were Lord Brougham moved that the stand anxious to take that course, what was to ing orders be suspended.

prevent the other House from ingrafting Bill read a third time.

on the pres nt bill the provisions of the oriOn the question that it do pass, ginal bill, which now stood for a second

Lord Lyndhurst said, he should very reading on the 31st of August ? Thus much like to know what the noble is that which was said to be the object of count's intentions were with respect to this all parties, might, if they were sincere, be subject.

easily effected. His noble Friend at the Viscount Melbourne lamented as deeply head of the Government said, the rumours as any noble Lord, that the bill which to which his noble and learned Friend rehad been sent down to the Commons was ferred were utterly without foundation not passed in the present Session. He [“ No, no," from Lord Lyndhurst); well, fully admitted the urgency of the case, ihen, that his noble Friend thought them and that it was desirable to provide a without foundation. Now, it was easy to remedy for the evils which thai bill was put these statements to the test, for is the intended to meet. The simple reason why Government were still desirous that the the measure was not proceeded with this provisions of the measure should become Session was, because it would undoubt. law during the present Session, it would edly bave led to a greater extent of dis.be easy for his noble Friend the Secretary cussion than was convenient, or, in fact, for the Colonies to ingraft upon the prethan they would have been able to get sent bill, when it reached the other House, through at this late period of the Session. The most important paris of the measure, linquestionably, there did prevall great the stcond reading of which had been difference of opinion on the question, postponed, and if those who sat on the