Star. — London, England, 1804-12-25 00:00:00

OPINION OF THE JUDGES ON TVS. RIGHT OT TNT RING TO Till CARL 311111 VDDCATION / AND Till DIaPOSAL 311 11411.11.111G 1 OP OILANIKNILDMIN. never obtained here through the general aver lion this nation (always zealous of its liberties), had towards them, and accordingly, wherever thefe writers differ from our year boos and authentic reports, they are not allowed to be of authority. And as to this part of the Roman law in particular, which relates to the p l uriapeerjhu, it is acknowledged by all, even by Juf tmian himfelf, that it was In peculiar to the Romans, that it never obtained among any other people what ' foever. .7tit mann poleatie, quod in 1i.3-roe babener,pro ! rams rival++, Romanorum ; null min? flint homines, qai talent in liberos habeant redlatem, qualem COI babennis But to give a more particular anfwer to thefe paffages, which are the only ones that have the kali appearanCe of law, it is evident they cannot be made to affed the cafe of the Royal Family by any other condruEtion than what will eqnally affeft every other family in England. But that from thefe pal:rages no. thins can be concluded to determine the extent of the pareuttotsta, in any family here, is clear from the rea son tin which the power of the grandfather among the ROlll6llll is founded. " Now the rearms of the Roman law why children &could not be in the-power of the father, but of the grandfather caclolive of the father, was. becaufc the father htmfeU was not freijsrit, and in his power, but in pestrat frace,la: flu maisetplOale, mancipioque; which are the words of the law of the twelve tables ; and it was nsaaifetUy abler& that he ilsould have others in his power, who was not in his own. " This fervile condition of the fon to the fad) which had ordinarily no end, fill the father himfell was pleafe.;,by emancipation, to put an end to it, being the fok foundation of the grandfather's right to the grand children, as well as to every thing elfe the fa ther was poffeffed of; when this Rate of the father ct.ifed, the power of the grandfather neceffarily ceafed with it. And fo it is declared in Jullinian's Inltitutes, that if the fon was emancipated and let free from the power of his father, the children begotten after filch emancirion are not in the power of the grandfather. but of the father. " Rya fi j olif enumipatiotem conceptsu 'omit lid erritincipati patcflati Atjititur. " But not to mfitt that by the laws of England no father has fueh a power over his children, even in their minority, as the Roman law gave, it is undeni able that with us marriage bath the nature of a tine and proper emancipation of the perfon of the fon, and by confuquence, even upon the grounds of the Ito man law, the gran 2:father wish its can have no right to the children of the fon, but the father only. If, therefore, nothing otberwife appears to didinguill the cafe of the Royal Family, there can be no foundation upon which any prerogative can be enabliffted in the inikance now in quellion, and we humbly apprehend that the only precedents which can be alledged to fop port fuch a prerogative,when confideted, will not be tound fit fficient. " The firil, in the tad Henry the Third, entitled Amens :go Gal; &c. is only a sleclai T 0 TOO IMO% MOST SIGMA-11ff MAJESTY. " May it pleafe your Majetty, In humble obedience to your Majelly's com mands. fignified to us by the Right Honourable the Lord Chancellor, requiring the opinion of all your M:) , :( 1 11 . 1 : Judges upon the intrwing qtrefl ion, viz. the edaration and the WC of the perform of kis Mairity's vamdehildren now in England, and of Print* !wir rick, the silica fun of his Royal Highnefe the Prince of Wales. when hie Majefty Basil think fit to caufe him to eameinto &gimlet, and the ordering the place of their abode, and appointing their Goramortand Governeffu ' and oars intimacies, attendants, and tarmac and the care and approbation of their marriages. when grown op, Woo; of right to his PAajefly as King of this Realm, or nett s. We whofe names are hereunto fubfcribed, being ten of your blajefty's Judges, together with the other two Judges, having taken the fame into confideration, and after the moll diligent (catch that we could in this time make into aas and proceedings of lia- Ingot, treaties, public inanimate and records, hit . - twice and law books, and confideratioa of the powers and prerogatives which from time to time, in very many inftances, have been ezercifed and owned to belong to your Maje*y's Royal ancellon and prede • cefors, with relation to the marriages and care of the perfons of the branches of the Royal Family, and of the great concern of the whole kingdom in fo impor tant a troll, and after having, purluant to your lila jefty's farther .command, fignified in like manner to us, bard a Learned Serjeant at Law, who by the co mmand of his Royal Highnefs, laid before us fere ral things relating to the queftion aforefaid ; and after conferates and deliberations upon all the matters stforefpla; and what occurred tfi us and the other JudtiS thviutioo, we are humbly of opinion that the eftue4iton •rinel the care of the perfons of your MajOly's grand-chldren now in England, and of Prince Tsederick, Weft fon of his Royal Highnefs the ?nisei of Wales, when your Majely (hall think it a acre him to come into England, and the order 41x the place of their abide, and appointing their Governors and their Gcretneffes, and other inftruc toe% attendras and fer rants, and the care and ap qtritien of their marriages when grown up, do be . *f_ right to your Majetty, as King of this Realm. All which ae molt humbly Mink to your Royal Jiliply's great wifilons. . (Signed) ?LULL, I. TILACT, T. men, R. 00014514 T. ROOT, J. ?KATT, • L. POWYS, J. MONTAGU!, • J. . . , ILLSCOII, FORTY SCUL.A. 1100‘ . 1 Price's ad Mr. Justtee Eyre's Ironton upon the Prides% Cafe, Fever, 7[7. _ _ _ Ta the Mato NV Excellest Ytjh. Rymer, de At. ..dra it, ,afiidi. &c. .-. , " May it pleat/ your Malay, ration under the Great Seal that Wm. Talbot had "In humble obedience to year Majefty'scoaansands fturendered to King Heore c hi Thirdalle Cattle of I ignified to your judges by the Right Hon. the Lord Gloucefter, a Alianoram reclangrwant fuer Imam', in- Chancellor, we have taken into canfideration the lot- ralesnens. What can farth be er inf herred that tft orn hence is hard 1 lowing quellion (as given above.) to determine any tan his Alianor was s.And we are humbly of opinion, that the educe- in ward to the Crown, and had been committed to the lion and care of the perfonsof your Majefty's grand- care of Talbot, who had furrtialeeod her and her children, the drdkring the place of their abode, and' elate Ede Irvin to the King. appointing their Governor., Governeffes, aqd other . 6' The other precedent, which is in the 1 ith of initrigtors, attendants, and ferm 1 ata belong to the Henry the Fourth, is a grant of an anrual film of Prince, their father. But that the care and aproba- goo mat Its to the Prince of Wales for the tacoes pee of tion of the . * marriages when grpven up, belongs to ! toe maintenance of E,1tnu..,1, F.A,I of Mar nd your Majally, as King of this Realm. his brother, fo long as they Ihould remain in the I,o rhis, Sr, is our hasuihle opinion, hut when we Prince's cultody, to whom they had been commit set:maim your Majefl y that the care and tippet - dn.- ted the February before. A• to this it appears hy the Lion of the marriages of your grar.d children belong ! !minty and records of thCfe time; that Roger de to your Majefty as King of this Realm, we define to I Mortimer, their father, was killed in Ireland 23 be underßood as fpeaking of a care and approbation i R. 2. and that their mother loon alter married Sir ant exclufiveof the Prince their father. But as your I Edward Charlton, Lot d Provis. and died 7th Majeßy's cafe will a:ways be employed for the good Henry 4 • ho that the eldeft Jon was then in ward of the Royal Fatnily and the weltare of pine pe Isle, en the Crown; by :Talon of his lands held of the fo is it a duty inclimbent upon every member of the Crown, as ere his Lnrelfhips of Wigniore and Royal lisally to apply to your Majefty, and receive Clare inter ali t ; and his brother Roger was then an your Royal approbation upon every occation of this infant of very tender age, and under the care of the ind, for we and that all negotiations of marriages King as next telation ; and it appears that he died in the Royal Family have been carried on by the in- very young ; in which latter cafe we humbly con tervention oldie Crown, andfuch marriaaes as have ceive that the care which the King was pleat - eel tc take been contra ted without the Royal con'ent and ap- of an infant and orphan In nearly related to him, will probation, have been thought contempts of the regal not be a precedent to elf atililli a power in the Crown autbrarity ; but we find nn intlance where a marriage ' to diipofe of the cuftody of a child while the father is has Open treated by the Crown for any perion of the living. Royal Family, without the c oufent of the father, and . . 1 If any Reefs can be laid upon printed hillor y , the we beg leave to Milne your Majefty that there is no : cafe of Richard, fon to Edward the Black Peirce, one espreffion in any of our law books that warrants will he an inftance againft this power, fiippofed to say fuch affection. Ibe lodged by law in the .grandfather. He being a " As to the other part of the queftion, in anfwer 1 minor, lived with te l l hip as G over nor, of his family, and to which we cannot concur with the other Judges, ie I his father appointed his of which we have is our duty humbly to lay before yrur Majefly, that this relation in Holingfhead : thaaSir Simon Sadie, in our opinion the father bath in all cafes a right to kinfman to Dr. Blithe, one of the initiators of Ed die euftody and education of his children, and this ward the Black Prince, having been admitted ri g am we take to be clear from the gener al rule of law. other young Gentlemen to be fchoohfellow withe " This right of the father, is laid in our books. to Prince. he grew in such favritmand credit with him, be foundedaure noires, and to be annexed by nano e that afterwards, when hs 6.n, ial Ric trull hard and entfi of Bord deaenceux, to the isogon of the father. In cafe of y oun g er cl.il was barn, the Prince, fo i fpec de en it never was difpnted, and in regard to the eldeft wieich hc had in the laid Simms Barit e. committed the fon or daughter, and heir, to whom lands defeended governance and education of his fon Richard to him ; from a collateral ancellor, the right of the father ob- and, after the death of the Black Ponce, it appears taineJ even againli the Loan, though his feigneural by two very remarkable inflance* in our hillot y, that tight to the wardfhip of his tenant during the minority Richard continued with his mother till the death of prevailed agatnlt the grandfatherandallotheranceftors his grandfather, King Edward the Third. lineal and collateral. Linleton,Coke, andVangiian, all .6 The yaunger children of Edward the Fourth lived agree, that none can have the euftody of a i msn'. fon with thair mother, whole wardthip fhe declared the and heir apparent from the father, and the cont. c:aimed by the advice of LearnedCoutifel, according mon cafe of a tennre in foccage, even the mother has to thc telatii n ;veri us by SirThos. More, afterwards the tight ii guardisothip after the death of the father, laird Chancellor of England, in bis hiftory of thole preferable to the grandfather. From hence wee take time.. Nor as it then cretended that the King ha d st to be the general rule of law, that the gitarcfitfip any 'Wit ta their education or the care of their per. of the children is a right common to every fithjefi in I tons ; and although the Qeen wasp* evailed uyon to this kingdom who is a father, without exception. I pal t with her fon, Richard Duke of Y. rk, her datigh. ea u rn t he bell feareh we have hewn able to snake, ; ters retrained in her cuflody thl the hettelf was con we can find but two books written by Englifh lawyers. I t e nted to lend them to Conrt. that can pntiihli !s i nce a contrary op' r Braftan n st d o the education of dnr the ingir latthe Mal norities, it elites, Q.:i_een and Flea). Brallon, treating d i parria prelate, 1.475,! Mary A an Qaeen Anne, eir m .tai f ajta:Neer du, u norennfriter, I. e. meter mu r: arra, ' does not appear tons that their uncle, King Charles ogre in fro pcker fun!. a rut p prmrptts, a 6!‘i,- 11. anp..inted their governeffes and hervants, or any cep interii and, as tweak potion fun: j/ii T ri 'tr . /irate , one perfon that attended them, and we arc not enough isaafto et igiiirwr nrarroirenio, dew is neptilini it proarpori- I acquainted with the eiteumtiances of the Dille of but, gammon ad JOIN et prcav plenum i which I i-ra Gl..iicelTer's cafe to make the properrernal ks ; but it has la,. laid iii almost the to words, and which teem. to have been by agreement with the King ; and both have taken from Jullinian's inftitutes. '1 Ms we humbly conceive that the motion in Parliament, thews it to have been a part of the Roman law, hut it t ath Dec. 1699, for an addrets to the King to remove !pelt; -r ie, nor As 'a e conceive ever was, a part of the the then Wimp of &Minify (Gilbert Burnett, D.D.) law of Eriolana. It is well known that Boteron and from being his preceptor, can be of no weight in edits Flaa v rote their feveral treatifesupnn the plan of the matter. fince it pallid in the negative. 1 ir. 1 .:1;.1 law., am: it is as well known that thole laws "It is tatifSble that fometbing may be inferred in fa. your of this prerogative, from that article of the treaty Paid to be made by James I. concerning the match with Spain, ivhi..ll related to the nur ture and education of the children of that marriage. It is not to the prefent creftion to confider, whether•there ever was filch a treaty as is related by Rufhworth or not. It is certain that it is not to be found upon record, the proper evidence of all public treaties. The arti cles of the treaty are faid in Rufhworth to be ftyled by the Cardinals, Propofitions for the right augmen tatien and weal of the Roman Ca•nnlic Religion. — And in truth, almnft every article is fo derogatory to the fupremacy of the Crown and the flatutes made for the ettaNliihment and leeway of the Church of England, that it could have carried no fort of au thority with it in point of law, even though it had appeared in a regular manner under the Great Seal, and not from the report of hiltorians only. Nor can the oath be laid to be taken by Prince Charles, while in Spain, to intercede with his father, that the ten ycats of the education ot the children which Ihould be born of his marriage with the Infanta, accorded in one of the articles of this tre at y , might be length ened to the term of twelve years, as the Prince detir ed, be looked upon as a precedent to determine what the law of England is. The right to th e care and education of the children of that marriage, had it taken effe& was not then in difpute, and had t been fo, nothing can be concluded from the voluntary en gagement of the Prince, in favour of a marriage Co much detired by hinsfelf as well as by his father, wherein the queflio n of this right was never the lub• jea of debate. " There was indeed an article in the treaty with France upon the marriage of King Charles the Fink with Princes Henrietta Maria, whereby it was agreed that the children of that marriage fhould he brought op with their mother till their age of thirteen, but it is evident that treaty was made with King Charles the Firlt after his accellion to the Crown, and not with King James his father. King James, it is true, knt over the Earls of Carl& and Holland to treat of that match, but the treaty was not concluded till after his death, and then by powers from King 'Charles the Fit ft, whole flipulations for the educa tion of his own children could need no affitlacce from his prerogative. " Thus have we humbly laid before your Majefty what we have to offer in relation to the books and precedents that have fallen under our confideration upon this head, which we cannot think fufficient to infer a prerogative in your Majelly as King of this Realm, in the care and education of your Majefly's grandchildren during the life, and without the con tent, of their father ; a prerogative, as we humbly apprehend, hitherto unknown to the laws of Eng land. " All which is moil humbly fubmitted to your Majelty's great wifdom. (Signed) 10111 AT " a. SM." . • . • • • • '• ali. s was 4 never obtained here, through the general am lion this OPINION OF THE JUDGES nation (always zealous of its liberties), had towards •-•.---a-- them, and accordingly, wherever thefe writers differ ' OP TOL RIGHT 07 TPA RING TO TIII CASS AND not from our ow yea r books r bolc auth and orit authentic rep as ort to th ey are Till SDO CA TI ON, AND DIaPOSAL IN 11411.LIAGS OP allowed tf y. Ands part of the Roman law in particular , whic h relates to the 1 PIS onsetcattoasm. i pat esp o e sy , it is acknowledged by all , e v en by t uf- o TOT Mao's MOST TIGHT-HIT MAJESTY. titan himfelf, that it was In peculiar to the Romans, " May it pleafe your Majetty, that it never obtained among any other people what- ' SI In humble obedience to your Majefly's earn- foever. Jut won menu:, quod in lih-roe babemul,pro- ., stands. fignified to us by the Right Honourable the logien ell revision Romusonati ; milli twin? Jim! hlrnines, qui Lord Chancellor, requiring the opinion of all your I tato: in liberoe habervit pidlateni, gualem mom habeititts. Ma 'fly's Judges upon the I rtwing qtreflion, viz. " But to give a more particular anfwer to thefe i mp a i r v t and he ch ed uren aestion now and in t E h n e gl eare .c u s i nd the a perfons mon waw a ids pa W a ges, . . arethe only ones thathave the lea fl which 1 ft ricks the atticit fun of his Royal tlighnefs the Prince of Wales. appearance et law, it is evident they cannot be made when hie Majefty fhail think o f to cage him L an d ensehno iistangt, to aired the cafe of the Royal Family by any other and the ordering the place of their abode, d appointing their . enntiration than what will equally affea every other fllevernenand anti a tiov e emefto, and ethos harmonies, attendees., and Family in England. But that from thefe paffages no. tart and app►ubstlm of that marriages' whe n thing can be concluded to determine the exte n t of the grown up, belong alright to Ida Majetly as King of rods Realm, - . patoaporaeas in any family here, is clear fr o m the Tea- or not? kWe whole names are hereunto fubfcr ibed , being fon Ott which the power of the grandfathe r amon g the Romans is (.funded.ten of your Majefty's Judges , toget her with the other two Judges, having taken the fame into confederation, , " Now the reafon of the Roman law why children and after the melt diligent (catch that we could in ' ' lhould not be in the ewer of the father, but of the this time make into aas and proceedings of Kilia. grandfather exclulive of the father, was. becaufe the meet, treaties, public inftruments and records, WI- father himfelf was not foijurii, and in his power, but Olio and law books, and onfideratioa of the powers in purl, funti.'illt Jul manes potOtte, tenneipioque; which and prerogatives which from time to time, in very are the wards of the law of the twelve tables ; and it ma inftances, have been exercifed and owned to was manifelily abiurd, that he fhould have others belong to your Maje*y's Royal aneeffoes and prede • in his power, who was not in his own. adore, with relation to the marriages and care of the " This fel vile condition of the fon to the Gaon., perfons of the branches of the Royal Family, and of which had ordinarily no end, till the father himfell the great concern of the whole kingdom in fo impor. was pleafed,byemancipation, to put anendto it, being tant a troll, and after having, purluant to your Ma- the Cole foundation of the grandfather's tiht to cite jelly's farther .command, fignified in like manner to grand children, as well as to every thing e lie the fa co m mand a Lem emend Serjeant at Law, who by the thee was poffeffed of ; when this Rate of the lathe' command (AM,' Royal Highnefs, laid before us fere- ecafed, the poser of the grandfather nece ff erill rat things relating to the queftion aforefaid ; and after ceafed with it. And Co it is declared in JultinianO coofnentes and deliberations upon all the matters Inltiones, that if the fon was emancipated and let fret aforellikr, and what occurred to us and the other from the power of his father, the children herder J- Ems" thgniutiona we are humbly of opinion that after filch emancips'ion are not in the power of chi the effueatto aind the care of the perfans of your grandfather. but of the father. M e graridoeloldren now in England, and of " Ropokfipeof entancifratiettent concept": fuerit,patris fa Prince Tsederick, Weft fon of his Royal Highnefs entankbatcflatifrtfititu e • the Prato ,;s1 Wales, when your Majefly ( hall think " Bu t t to main that by the laws of England •ni fit he eitufe him to come into England, and the order- father has fueh a power over his children, even ii at flee place of their abode a nd appointing their th e i r minorit y , as the Roman law gave, it is undeni Oso 7 apenors and their Gcretne'ffes, and other influx- able that with us marriage bath the nature of a tie ,tewt,ittendrat and fer rants, and the care and ap. and proper emancipation of the 'neon of the fon, an, , den of their marriages when grown up, do be- by conf.quence, even upon the grounds of the Ito , • krf right to your Majelty, as King of this Realm. man law, the gran ifatber with us can have no righ 4.• All which ate moll humbly fubmit to your Royal to the child: en of the fon. but the father only. I; Adahadys great talons. therefore, nothing otberwife appears to dillinguifh th . • (Si g ned) roan, It. TSACT, cafe of the Royal Family, there can be no fnundatio P. KING, a. Doa maa, upon whist) any prerogative can be eftablifited in th T. SOLT, J. ?KATT , indirect now in queflion , and we humbly apprehen • . . L. ?owes, I. MONTAGU!, that the only precedents which can be alledged to fief • . ' .3. stereos, tom scut, s. Port fuels a prcrogative,when confideted, will not t Mr. free Prices and Mr. juatee Eyre's eviction upon the found fufficient. Pritieses Cafe, Ma t, 17t7. " The firft, in the 22(1 Henry the Third, entitle Te the Kites Afg Excellent SW". Rymer, de Aliatiorailio Gal; jai. &c. is only a cled " May it pleat/ your Malay, ration under the Great Seal that Wm. Talbot ha "In humble obedience to your Majefty'acoamnands Parendered to King Heirs' the Thirdalle Cattle I ignified to your Judges by the Right Hon. the Lord Gloucefter, a .11iaaoram renfanguineant fuer Internee i Chancellor, we have taken into canfideration the fol. eakstens. What can be interred nom hence is hat lowing quellion (as given above.) to determine any farther w " And we are humbly of opinion, that the educe- in ward to the Crown, and had been committed to tl tion and care of the perfon, of your Majelly's grand- ore of Talbot, who had furrendeted her and h children, the drdering the place of their abode, and eftate fafe again to the King. appointing their Governors, Governeffes, sad other ! " The other precedent, which is in the i ith infiraaors, attendants, and tenants belong to the Henry the Fourth, is a grant of an initial fum 1 Prince, their father. But that thc care an d apprrba- too mat ks to the Prince of Wales for the espence tion of their Marrges when grpwn op, banns to ! tile maintenance nf EdtnuaJ, Fail nf March, Al your Majally, as sing of this Realm. his brother, Co long as they Ihould remain in t 'Vbie, Sir, is our homble opinion, hut when we Prince's cultody, to whom they had been Comm secraint your Majefl y that the care and approba- ted the February before. As to this it appears by t lion of the marriages of your grar.d children belong I Mikity and records of thCfe times that Roger to your Majefty as King of this Realm, we defire to I Mortimer, their father, was killed in Ireland be underftood as (peaking of a care and approbation , R. 2. and that their mother fonts after married ant exclufive of the Prince their father. But a, your I Edward Charlton, Lot d Powis, and died s, Majelly's care will always be employed for the good Henry 4 • to that the eldell Jon was then in ws of the Royal Faddy add the weltare of pine pe 'pie, to the Crown; by rcafon of his lands held of I fer is it a duty incumbent upon every member of the Crown, as were his Lesnifhips of Wigniore a Royal Fasaily to apply to your Majefty, and receive Clare inter cilia ; and his brother Roger was then pose Royal approbation upon every occation of this infant of very tender age, and under the care of kind, for we and that all negotiations of marriages King as next relation; and it appears that he d ' in the Royal Family have been carried on by the in- very young ;in which latter cafe we humbly c tervention of the Crown , andfuch marriages as have ceive that the care which the Kin g was pleafcd to t , 1 , • been conttaaed without the Royal con'ent and ap- of an infant and orphan fo nearly related to him, probation, have been thought cotitempts of the regal not be a precedent to ellahlilli a power in the Cu. autbority ; but we find nn intlance where a marriage ' to difpott of the cuftody of a child while the faohe • has Ogen treated by the Crown for any perfon of the living. Royal Family, without the cadent of the father, and . o if any Reefs can be laid upon printed hiflor y , we beg leave to Aare your Majelly that there is no : cafe of Richard, fon to Edward the Black Pin one expreffion in any of our law books that warrants will be an inftance againft this power, nippofei say fuch affettion. Ibe lodged by law in the .grandfather. He bein " As to the other part of the queftion, in anfwer I minor, lived with his father as part of his family, '• to which we cannot concur, with the other Judges, is I his fath er appointed his Governor, of which we I is our duty humbly to lay before your Majefly, that this relation in Holingfhead : tbat.Sir Simon Bei in our opinion the father bath in all cafes a right to kinfman to Dr. Blithe, one of the initiators of I the euftody and education of his children, and this ward the oun Black Prince, having been ladmitnw wt]: ted are we take to be clear from the gener al rule of law. other " This right of the father , is la i d in our books , to Prince. lie grew in inch favnunand credit with be foundedture sours, a n d t o be annexed by nano e that afterwards. when his to the perfon of the father. I n cafe of y oun g er cl.il was barn, the Prince,for fpecial tetra and cfsnfid yg Gentlemen to be fchooelli fn, Richard of War& diets it never was difputed, and in regard to the eldea wisich he had in the laid Simnn Burlie. committe• • ' fin or daughter, and heir, to whom hinds defeended governance and education of his fon Richard to I 1 from a collateral ancetior, the right of the father ob- and, after the death of the Black Ptince, it RP! taincJ even againtl the Lotto, though his feigneural by two very remarkable inflame* in our hillor y, tight to the warsifhip of his tenant during the minority Richard continued with his mother till the dea prevailed agatnil thegrandfatherandallotheranceftors his grandfather, King Edward the Third. s lineal and collateral. Linleton,Coke, andVanglo.n, Ail .. The yaunger children of Edward the Fourth • agree, that none can have the euftody of a man's fon with med by t thair h othe d r, whole Le warn e ardthip Ihe fe decaccolare • ' and heir apparent from the father, and in the cons. cI aime avice of dCounl, man cafe of a tenure in ((scene, even the mother has to thc /el anc elan: n l;Ov of en us b gly Sir•l'l inhlos. W hift oe, o f the tight cf guardiaisth i p after the death of the father, lased Chancellor b y Sir is ory f preferable to the grandfather. From hence we take timer. Nor Nas it then tretended that the Kin st to be the general ride of law. that the gotardianll.;p any tiaht ta their education or the care f thcil of the children is a right commt.n to every Itthjeft in I tons ; and although the Qeen was prevailed of this kingdom who is a father, without exterior. I pals with her fun, Richard - Duke of Y. rk, her d n u pon the belt karat we have been able is make, ; tees refrained in her cuflody ti:l the hated - wa we can find but two books written by Englifh lawyers, I tented to tend th em t o C ourt. . • that can pntrihly !ad nce a cnntrary op' (Braaan and Flea). Bralton, treating di narria petriate, lays, ! Mary A , ),1 Queen Anne, dnring their minorit og re exite Ire ft dui s ivortnerilir, I. e. metes true e: nerie, ' does not appear tons that their uncle, King C 1 ogre is era pa fwd. et prenep: et pr7nrptee, a dei,- 11. Ara ...lutes' their governeffes and fervent', I 1 ceps neterii and, is prelate potent funt flit qui isefewriewr one perfon that .Mended them, and we arc not ei I 1 isaaflo et igitites maerimenio, ides. in Repave et proarpott- I acquainted with the circumti•nces of the I) but, quantum ad JOIN tt preay.7l patentee i which I i-ta Gl,acelTer's cafe to make the properremat kr ; Las 'au -, laid in almoa the tame words, and which teem. to have been by agreement with the Kini 4 both have taken fr.m Jutliniau's inflitutes. .I.•is we humbly conceive that the motion in Parli , thews it to have been a part of the Roman law, Lut it t ttit Dec. I Son, for an addrets to the King to r I • !nen; -r is, nor as is e conceive ever was, a part of the the then BAIT of Salifbury (Gilbert Burnett, • lir: of Ern,lana. It is well known that Britton and from being his preceptor, can be of no weight Flag o rote their feveral tteatifesupnn the plan of the matter. fence it pallid in the negative. s t :e.. .a :ol law., ~.a it is as well knuwn that thole laws "It is pufGhle that (unseating may be inferre LONDON. TUESDAY, I PRICE• OP STOCI Haub Stock 167} 3 per C. Red. Ann. 57i 58i a per Cant Conf. Mut Deferred 3 per C. Cue/ r 1 4 per Cent. 5 per Cent. Navy, but ECEMBER 23. S YESTERDAY: Per Cent 99ii Long Ann. 16 Is- to 117 Imperial Ann. 5 ( 4 Excheq. Bills. is. as air. E.nglilla Tickets OIL its. Cunt. fur sec. 591 It is certainly true that a reconciliation has been effeEle . d, by the mediation of the highell Perfonage in the kingdrm, between Mr. Pivir and Mr. Auoitio- Toil. May it.tend to the prolperity of the nation ! We have received the Moniteura to the 19th infant. They fill continue to be chiefly occupied with de. tails of the Fetes in honour of the Coronation, which are tirefnme and difgufling. The article that chiefly deferves notice, is a letter from Cadiz, dated December a, from which we (hail give all the principal points : It fates, that the accounts from Barcelona, dated November 21, give details refpating the capture of the Spanifh convoy defined for Port Mahon, and which had failed on a pofitive declaration from the Englifh that it would nut be twit fled. Among the cap tured vefttl, were three tranfports, having troops or. board—the vefiels and troop, excepting the officers, were font to Malta. The officers were put on board the Spencer, and ordered to be landed. The bills found in the military chef were returned ; but the fpecie (t e,coo piaßres) was kept. The officers were Cent on More in a Swedifh veffel. Lord Nstson is charged with exercifing great (eve rity again( all Spanifb merchant Mips, and with hav ing iirued orders to capture all veffels bearing the Spann flag, to fend to Malta all above too tons burthen, to fink thofe of a lefs rue, and to burn all thofe found at anchor on the eaftern coat of Spain. —Two merchantmen, from Leghorn to Barcelona, have been captured ; and three, one of them from America, were burnt in the neighbourhood of that port. The neutrality of Cadiz was refpeaed by the Dig. lifts fquadron till the 22d of November. On the :Sib and 19th two Spanifh frigates were difpatched to America with news of hoßilities being commenced, and infruetions foe the Governors of the Colonies. The Amphitrite, the firfl of thefe frigate', efcap ed lbc vigilance of t:ie Englifh ; but the fecond, the Madeleine, was Itorred en the i9th, and detained for 24 bouts, when the was fent back with notice not to attempt to fail a fecond time. The Commander of the Englifh alto declared, that he had orders to Coffer no vtlfel to enter or come out from the Spanifh pats. The merchant hops do not appear to have been mnlelled at that date, Come very rich ones having entered Cadiz, after being examined by the Britifh. Rcprizals have commenced at Vaientia and Bil. boa. At the former, three Englifh veffels, and at the latter, two have been detained. At Enna the merchants have been forbidden to accept or pay Lili drawn from England. 'At Madrid the Britifh fuhjeels had not been molefted at the date of tilde accounts, but it was believed that an order for quitting the kingdom and for feizing their property would be the immedi ate confequence of a formal declaration of war,which was to be figned on the 27th of November by the King of Spain. PARIS, DEC. 160--The fete given this day to their Imperial Majefties by the city of Paris, exhibited in all its parts a fplendour and magnificence worthy of its objet. 17.—The Imperial Guards of Honour met on the t ath to celebrate the epoch of the Confecra tion and Coronation. The following are Come of the wails given on this exclaims : " Hi, Maj. Sy the Emperor ; may be count as many rare as he cnuots day, of g!nry." " To the Emprcra, May be long eaute the Lyon& of bee haft, •rd as the rade* that of all the Erma." " To the Royal Family, may it aeverOseenene ezdndt." * To the Sovereign Pontiff, Pius VII. may the famed await* poured by Ms Hands on the forchrad of the Emperor, render HILAVEN alwaysprepitlotts to the fublime deigns of the maw Char lemagne." The Guards of Honour drark alto a wan to their Colonel M. BMW MONT, firft aide-decamp to.t.Metihel Mutter, who in return gave the following : " To the Guanlt of Homer whom I hair the bower of cow- 'sanding, LA elicit sternal devote° to 0;0'11111mm' On thek words. all the company role, as if by one common impulfe, and renewed their oath of fidelity to the Emperor. Government his received difpatches from Lord N st.sott, giving an account of the detention of a great number of Spa•tifr veffels. Report in the city, yef terclay. magnified the number of thefe as high as an huadred. It is generally believed that not les than half that number of very valuable prizes have fallen into the hands of the Noble Admiral's cr uisers. Letters from Barcelona, of the 20 oh. explain. in fume mcafure, the contrary condo& purfeed by the lquadrons of Lord Nt t son and Admiral Coc mutt a. in tifpeftively detaining or flatting the Gips of Spain to pats by them. It was not until after the sods November that the Noble Admiral iffued orders to the drips under his command, to make captures ; and the whole is accounted for by his Lordibip batt ing fent a launch on (bore on that day for letters; which, it is fail, were from Mr. Far au, announcing' the Rate of things, and his intended near departure from Madrid. Upoo this intimation, it is probable that his Lordlhip, aaing diferetionally, proceeded to detain the Spill& veal' ; while Admiral Corneas,. either in poffcffion of pofitive orders, or influenced by later, or different accounts, May have found it his duty to abflain from any aas of decifive The affertions of the late French papers, with regard to the inarations given by I.ord Nr Lsmo to his mi. ters, arc folcly to be attributed to the malevolence of the enemy, goaded, perhaps, by refentment at his Lord(h:p's adling in a different manner from the other Commanders, while they were altogether unable to account for the motive. Extraft of a letter from Cadiz, dated Nov. zo, 1804 :—" The Englifh fquadron, mentioned in our lan, is ftill cruizing off this port. On Sunday morning a Spanifh frigate failed for America, and was detained by the Engla. A correfpondence has paired yefterday and to-day between the Eng lifh Atl.nital and the Governor and Admiral here, the rcfult cf which we do not know ; hat the Spa- nifh frigate is now coming in, after having been in company with the Engli(h fquadron for two days.— How things may turn out it is impoffihle to fay. It has castled a great fenfation here, and people know not what to think. We hope, however, next poll, to be able to give you fume certain information. The Eng in do not mole t neutral vac's coming in or going out, nor Spanifh merchant ihips,feveral of which have arrived fince they appeared in this offing ; and among others a very rich one this day from Carthagena.— We ought to mention that the Ant r ITRIT a frigate, which failed the d ay before the other, frems to have palied unobferved, as we have heard nothing of her fr:rce." Accounts from Barcelona, under the date of the 2111 of November, Rate that the Engli(h (hips of war were capturing daily the Spani(b coaaing veftels, and tl.at the Spanifh Commiffir.ners were, at the time of writing, overhauling the books and taking as ac court of Britifh debts and property. 'There are letters in town from Lord Hot.t.a■o, dated Madrid, the aoth ult. but they fay nothing of Mr. Fees'. If Mr. Farris at:Wally quitted Madrid on the t4th of November, it mull appear Arrange that Lord HOt-• LAND And his family fhould have remained fix d. , -% after. It is pollible that Mr. Faces may have "re iturned to Nlairid, but we do not think, even if this fliould turn out to be the cafe, that the probability of Ipeace being continued will be much Rrengthened. Private letters from the Hague enable us to add to the patticulars which we publithed yellerilay re fpceting the We violent tranfaftions in Holland, that the Members of the 13atavian Council, wh o m we mentioned to Wye been escluded from the Meetings of the Direetory, have bcen put under well, and aftually lent off ptifuners to Faits. NAUTICAL INTZLLIGENcr. MAILS THIS DAY.—Wind R. E. AM DUE. An. DU. o 6 I Hamburgh .D o 6 boblin Waterford PRN Z micE, DEC. 22.—The Spanifilfehcller Lela, I mentioned in my ha, detained by his Majefty's (hip Frscien, parted her cables yefterday morning, about ten o'clock, and ran for Newlyn Pier in a violent gale at E. where the Branded, but has finer got into the Pier, and the cargo is now landing. The Spanifk hip Dido has parted one cable, and is now riding at fingle anchor. There is a cable and anchor put on board the pilot boat, which will go off to her next tide. All yefterday and to day it his blown terribly at about Earl. The John of Bidiford, S. Lowrtaa, from Swanf:a, with coals,drove afkore, and is Wreck ed, but tie crew are faced. The Star, of and for Dartmouth, RANDLE, is put in here from BriftoT, with groceries. Tnesav, DEC. 2:.—The Rum continues at E. by N. with 'unabated fury. The NEMESIS frigate (thank GOD), continues to ride it out. The BLONDS frigate is not yet gone to piece:, and great hopes ate enter• rained, if the weather permits, the may be preferved. *ETIEOVTH, Dec. 4.—Arrived the Ranger par bet, With the mails and paffengers from the Hands of Guernfey and lerfey. The Captain reports that he rbde out the late heavy gales of wind in GCernfey Roads; that on the ,9th inftant, at night, the NIOZE frigate, lying there alio, cut away her fore and mizen ms 1, and , mizen topmaft.—The MERE frigate was difmafted; ind drove quite near the rocks, but rode out the gale with only one anchor and cable ; the SYLPH brig of war was totally difinafted ; the i 3 IOEIY cutter parted her cables, .and drove on the !bore at the bick of the South Pier. Four valets in the Roads loft their rudders, and very confiderable damage has been fltftained by other veffels lying there. . IPOITSIIIOI/TH, DEC. 34.--Sailed his Majefty's fhip - - ittaatia, with difpatches for the Eaft Indies ; and bit Majefty's IhipsUmscoar and Swim-, with the fleet wilder convoy for the Weft Indies.—Wind Latterly. S Die. 4.—The Officers and crew of his Majefty's !hip Gtarrom volunteered on Thttrl. day lag, to rigg the Mosaic; (loop of war, which was accepted, but the weather being fo boifterous and unfavourable, they made but little progrefs un til,ta-day.. DEAL, DEC: 24.—Arrived Plitimatrativi frigate, ',Attar and Alosa !loops of war, with feveril gun brigs, Ike. from a unite off the French Coat Sailed the 'CYGNET and AILAA (loops of war, with ' teveral gun-buigs, &c. on a cruife, and the Duchefs of Bedford 2.tned flip for Portftroauth.—Wind Eal terly. HmovicH, llsc. z3.—Thc brig Charlotte Whfthel- Mina, Delli•lD Ws AAAAAA S Matter, loaded with A r l e y, hound to Rotterdam, has been o n Chore upon ' the North Coati, and is brought into this 'abour very leaky, With the afliftance of a pilot boat. Jo The brig Vine, of Leith , f rom Oporto, with winn Lowata Mailer, bound to Leith, has put in to this harbour with the left of anchors and cables. W001:11110 DGE , Doe. 20.—Sunday morning, the brig Thomas and Ann, of Aldboreugh, TiiCuAs ' Rams Mailer, arrived in this river, from blyth, with coals. About four o'clock in the afternoon, on 'bore the brig t iding at anchor, was !ten by a perfon to be tfil fire, and as he approached her, he beard the bricks of a woman and child, and immediateely went to the public.honfe at Ramfholt , to give th a larm, where he found the Mate and the crew, who had im prudently left the veffel, with nn one on board, ex cept this mikrable woman and child, who were pal% fengers. Before the fire was got nyder, the whole of the Infide of the cabin, part of the deck, and the whole of the bedding and apparel of the matter and crew were entirely endowed. mthe th fire was ac. account given by the woman, it appears, that cafioned from the heat of the cabin Rove basing com municated to tl'c woodwork. At the ti far the ac cident, the Mallei was at Woodbridge , the pur ore of entering the !hi p at the Cuflom-houfe, on the next morning. GRISMOCK, Dam at.—Arrived here on Tuefday the Fanny, Taylor. from New York h ; Ott made the land in 19, and t his p ort in 33 days.thoug four of thefe by bead winds. The Faltor, Caldwell , Coe tills port, tailed on th: fame day. The IC/bells, Livingfton, of this port, from Wilmington for Clyde, (prong a leak at fea, and was returning to et repaired, when the filled and upfet. Crew arrived Cafe in the boat at Santee, on the Coaft of Anterica. The Lord Forbes, Affect:, on her palTage home from Surinam, has been taken and carried into Guada illoupe. ' c a ii Neill, from Quebec far this port, in calling at Ayr, for orders, pent no farm, hilged.and is tull of water ; part of the cargo saved. The Grace, Williamfon, of this port, was wrecked ,in the 1 till init. in Lagan Bay. Iflay. The wird ri‘d ea:go will be entirely loft—fome of the anchatt and patt of the rigging is laved; and it the weAther is good, there is hopes that the fm.fin Tri.tik ma y ::110 h e laved. The flip Theodora, from N.ast Ili unf. wick for Newcaitle, fprung a lea k at lea, CMS v.as ken off Cape Cod. ha vin g bore aw Ay for Bofton.— ('he Nelfon, Larflinilr, lentil Demarara, h as put into Cork. with Iris of anchors, main top.mafi, &C. Arriva-- f%* Robes, ov----o, at Liverpool front Quebec ; Brlllointi Ckfmroill, of this port, at Dcourara from twice ; Art ,lx, johnfliin, 0 ! tMs port, at lino from ditto: l'iLtiat. Gib --, , A:laeta. M'"' n, at CMb .t. Lu I; ort C Leth:S. ll 7 8a7.012 trot., fr,•m Liar; !tr., Isoavnt I.' Kefo, at k ft ,rlht,ce ; Ug - ,r va, a!Ui rt.ot ;At. , ; •-- trom HIIII4Z ; ' • ; qa=' • ; Jo C.." of t i: poTt, .n 1 I* t, al 1:e •• • ;411, Lcut:l6B4..rry t 1 DCNtR, DEC. t;.—l• has blown very hard tcre with much fnov, and the roads have been nearly im paffahlt ; the mail coach bac been obliged to travel with fix horfes —the weather now fermi breaking.— Orders have been received here to take up rranfport► to carry 'so° men down to Portfmonth ; it is be lieved that an expedition is at hand. The :roops are to come from Canterbury. ARRIVED. At /ion, the Jemmy, Muckle, from Oporto. At Clyde, A:- tier, Walker, from glebee ; and the Chriltember, —, from St. Vinemn's. At Barbadoex, Barbadoes, Smith, from Africa, bound to Charlefton Solide, Saint: and the Harrriet. Cretan, from 1-iv,*PooL At day-light on the tsth ink the wind throng aid northerly, with a heavy La, a iiiip's boat, containing feveral peo3le, was de (cried by tome of the inhabitants of Staitivi, near Whitby, making towards the more. and from the courfe the was purfuing, it was evident that Die mutt loon be flatbed to pieces againtt the rocks, On which the fad was beating with uncommon violence. Ani mated by the hope of rekuing the poor fellows from impending deftrodtion, four refolute Illhermtn, at the rifle of their lives, trek toted out in a large cable, and fucceeded in condedling them into a place of fifety, benumbed with cold, and nearly ethauthed by fatigue. The people, conlithing of two men cut three boys, be longing to the brig Jane, or Sunderland, about two o'clock that meriting bad failed from the latter port with coals ; in the hurry of taking in her cargo and proceeding to fea, the after port hadheen omitted fa be caulked in, by which means the took in a resit quantity of water, and to complete their misfortune the pumps were choked. Their utmoll erections being infufficient to pe rm* tbe rad from finking, the( were under the need:Sty of quitting her in the boat, about five o'clock, thoogh the attempt was attended with great rift, from the fa running fo high, and the gale violent. A thou time before they landed they law the Jane go down. In the confllGatt and anxiety attending an almoil hope kis attempt at felf.prefemtion, a little boy, who had only been one voyage at tea, and was lying Ick In his hammock, was unfor tunately left behind in the react. When he was firth miffing, it was propoled to return, to attempt faring hint from bit dreadful fituatiow, but the propofition wan over-ruled, as It was confider. edimpoffible in their exhaulted (late to accoinphth ids didircrance, and the unhapil boy was tat to his fate. bDE ON CHRISTMAS DAY. Hail, glorious room ! bull, day reseed By all the Cbrilliaa world ; This day bright Men, left his throes, banner foft vesfurrd. - - Not to alarm by pomp or Rate, The hurnbieß guile he took; A (table was his natal home, His Led the oz's nook. Hit worthippers the pooreft men, Sheph,rds who watch'd by night; To them did Angela tell the tale, Of all•revealcd light! At Hu approach, fee Chief and Sin, See Pedal:die& fly ! " 0 Dead, where, where is how thy (lin; ? " 0 Grew I thy 'May!" The Panics of PEACE has teen that fling From thee, au-dreaded Death! And from the Grave its el.:tory, By yielding up his breath. Upon the ignominious erofs, l'llf I.OID of all eapied; The g of man WEI what he coast t, MAN'S PLACE all he defied! 1101ITZNIIMS , So firong was 4 the ice yefterday on the River 'Thames, that ?he perfons who fuperintend the Lon dim Bridge Water Works, found it necefary to have their engine fupplied with boiling hot water, to play upon the works, to prevent them from freezing, while meh with 10117, poles were conftantly employed in knocking of the :unips of ice from the works, for the who!e day. All Stine: ..nd this day, to the difgrace of out Police, ecek.iry gunner: were perfeentiug to death thi poor, half.itarved fom- lift and saater-suarai/r , in all th , fields round the capital, and to the no (mall dange of life or limb to the unwary paffengers, who wer inceffantly expo fed to their random firings. Ctrs ELFCTIONI....YCIIcrday the Eleaion for Cow mon Ccuecilmen in the contetled Wards Anal' doled ; and the numbers were as follow :-. atinci. MIN. Wrench - 95 Wks. Clenh • Roberts • 95 Ilartrum - 91 Core - - 91 Child - - 92 Carratt - - 89 Brown - - 89 Alldin -- 87 Maltby Joyner 10.11 • Rots - Law, • Dutton %Vitae - I- 87 .ackfort - t The former fifteen Gen elected. demen were declared dt T. ➢ridges Thaws Fe:aerial Clark , Stuart Sat Mid Walker - lohn HariVrne - Lewis Moo Mrf.DCl). 14:Whit Ng 104 Samuel Dlzon - 104 James Diction - 131 h.:.l.ucas - - I.t Thomas Dawron - zoo 13a•i3 Laing • 9* srmotl Wright • 97 The t wave former seat.. deded. A C Waal Bal. of all the CIIIIIITIIIIIIIGS front Oct!. 13, iB O 3. to Dec. !l :Sc.; the Company of Pm ifh Clerks of he Walls, & I t 1 c C.b.iiixt.el in thc 97 l'ailhes olthin t 9.-13 Chtiften.. l. n 3440. atelftmed t'y ze Oct Parifbes 111iddlerot and I att —but:ed 11. Cbriltemryl ,n t r. in Pvilhes in tbc City and Liberties of 'nutter. 3333--hurl,d 4653- tIS Ot OLATIISAY CASU.V.7IIII: 1 rlkd by►falls anti fcvera 2 otbar a:cklenta • Killed by belting • Ktlled tbeadclres • Ninnicrcd - - Poifoned - - 61101 " Smothered - - Suffocated - Leman were declared d I 7 Pa. nes without thc Wals, 42S —B Brokcn hark rarakci limbs nc:ck Druk en ribs Broiled - Burnt C,,caked Dr.awnod tecerdvc dtig,ki:.3 Lictuttd FOUll , i dead Fri;lAtt , l - &Lai by a tacw. r Nl:lea . 86 ° 3 In all t 7 0 3 8 : 0 13 1 33 In all 11343 8433 U tun. -f I ly , die ~ I I F,isty and Ilventy - llader tuo rus , ,^' I P 4 1 6 1 ..,,,vty atu: t OAT C:::::::3c1": cl:ral::::: . p c ; v ,,,,, two all. 111,C Z ; !/ .5 1 i :,:is,i 3,,..., r..: . ....; 1 4I I Na..,.ty 4r1.1 a Itui.drtd 1 A Loo,:rtd .. , . , l , -,• ..:14 A Ettadrtd aq:!•;‘,,, :,,f,e A baulked arid bus . . 1 . • 13 . 1 . 116 • 4 . 10 . 13 . 1 1 ....1 cot a n:. twenty . I wznty 10. . , 1.n.) Fm.) ana (Inv and ur y 1.htr.V....1 a...ls:Alb this Year 2544 ing, I Tn pert of LI Clerl