Star. — London, England, 1801-08-06 00:00:00

01 THIS ErAlt...3 l inni* • Ai Haroburgh, daterford, Draulashadee; ARMOUTH, ATIGUir s. Jed a mail from the Continent, Majetly's packet Nixes or Wet ts, • the left Cuxhaven on the zd intl. Ire, Mr. Ross, Mr. MITZ, Mr. /RAN, Mr. SIMMONS, Mr. Ds- ATWRIO Kr, Mr.' Hoar, Colonel Huerae, jun. one of the King's difpatches froin Conftantinople.— fleet of merchantmen, under con. Baltic. ALMOUTH, AUcsurr 3. American &homer Clara, Captain , in 43 days, with barilla, from orders : fpoke the following veffels 32. long. 24. 12. the Succefs brig iverpool ; July 17, lat. 43. 34. long. and Blanch Guineamen, from Li- Aiigola ; July 30, lat. so. 5, long. American Blip Eliza, from Liverpool and[ July 32, lat. 49.14. long. 8 . 55. Edward, HUNNACIAS ; and the Lune, marque), Moose, from Liverpool for well. Alfo arrived the FLoas :tenant Caarzwraa,from a cruize, [ and brought in with her the 'Prof. , Captainatruwo Bimini, from Embden; with fugar, coffee, co- ac. tc. arrived a Mail from Jamaica, brought Packet LalcasTea, which is put quaranr:ne, in confequence of two feamen . the fever. The Mail will be fumi ufual manner, and forwarded by to- The packet failed froth this port left, and arrived at Barbadoes on failed for Martinique on the re.th, . the following day; found lying there his Majeßy's (hip Aces ; on the 18th failed for Jamaica, at which place fhe arrived on the 26th; found lying in Port Royal his Majeßy's (hips MILAINVOS, BOUEDELAIS, and CEERSERVE, Aro the ABLRGAVENNY guard.fhip. The Juno ar tired on the 29th. On the gth June the Ms LAM etre failed ; and on the 7th and Bth the Syrian, Maoictlans, and LOWISTOET arrived, and the fibORDZI.AIS failed. On the 9th, the PORCUPINE arrived with a convoy from England; on which day the CIEBIIUII failed; the Acarcoes failed On the t tth. The CALYPSO and Burn ETTA arrived ea-the tBth ; and :on the following day the Jutto. The CLIOPATiI arrived on the sift frouel Helical. The Packet left Portßoyal oft the 224 in company With the Onrra fdtooster, from which fbe parted on the ad July, in lat. 14. 36. long. 71. 3 0 . The Paffengers by the r..atcsevia are :—Mr. Wurre, Mr. SMITH, MT. CLARET, Mr. Buten, Mr. ALLEN, Rev Mr. Isaac, Mr. Rams% and Conntefs de La Rocaryacwit.w. P. S. All the Revenue cutters ha* failed .from hence, to join Lord Nr tsoe in the Downs. PLYMOUTH, AUGUST 4. The Spanifh brig privateer, that was fent in here yefterday, is called the Pedro d'Alcantara, mounts 22 guns, and has 130 men, was from Corunna, bound to Vivaro, and was captured the 27th ult. by the Cosistascs t of 24 guns, STOKE of 18 guns, and FLIRT cutter; alto, a Spanills fchooner in bal. lafi, name unknown, captured by the above the fame day, off Cape Finifierre : the other Sparta farmer is called the Carolina, of fix guns, and r a men, from the Havannah to Corunna, laden with (agar, hides, indigo, and cotton, and captured the 1 26th ult. by the Am ILIA, of 44 guns; the Ain air has alto re-captured two Britifh veffels, but they are not yet arrived here.--This morning came in the Spanifh fchooner, name unknown, in captured by the Au tra t pf 44. guns : fhe alto eap-1 trued another of like fort, but having carried away her main-ma ft, they fet her on Ere and deftroyed her...-Camt in the Mu. soon, of t 6 guns, Lieute nant de STAICE, from a anize; the (hip Lord Ma. cartney, Captain Macßae, from Halite', laden with malls for the Dock-yard.—Sailed the CHIC. DM, of 16 guns, Captain CRAWFORD, with fennel riduallers for the &et off Breß. PORTSMOUTH, AUGUST S. The following is a curreti Rate of the fhips of war, late belonging to the North Sea fleet, which have left Co; is, and arrived here yefierday and to day:— . . 74 Cape. FRIRM•NTLI. DeiLlake • • • 74 i•••• RITA Lim Thcfase - 74 81.1011. - - 74 ST la Left the fqtradron off Ireland, with five months Pro% ilions on board:— wan-kr - - - 74 Capt. Truer. . . 74 Lard H. PikeiTT. tchita - 74 —.—. T. Etirlllt. RUirel ." • 74 1 •••• W. curnsuan. Arrived the Smallbridge, War,from the Downs, ity.uxi to Newfoundland. NAUTYCA wills ill A utvED Hamburg! o Dublin I Waterford o Dotinaghao • Jamaica, VARM This day arrive brought by his Maj Captain Surroit : The parengers ar Citmos, Mr. OR VIGNES, MT. CAR, DOILY, and Mr. H • hleffengers,with dil Palled by a large fb o n o, from the Halt PALM Arrived the Am PETER RIONALT, Langaretta, for ord 5(0 15, lat. a 8.3 p r ivateer, of Liver to. 7. the Nile an: verpoot for Aitgc • 0. 30. the Anseri foi Virginia i and. the Royal Edward (letters of marque TAirtinique, all w tinned brig, Liente end has detained a fan Chip Agneta, tilitoll bound to I col, arid hides. • This day- arrive: fry his Majefty's P under quarantine, having died of the gated in the ufual morrow's Mail. ' on the gth April lo • the t sth May ; fa • and arrived on t there his %jay' DEAL. AUGUST s. 9* led thettiLitANT frigate on a cruiie.--Lai night arrived an armed cutter, which left Lord NaLsow yetlerday forehoon at eleven o'clock. He was then engaged with the gun veldt and Idte ries: feveral of the former were deftroyed, with out damage to his Lordtbip's fquadron. CHATHAM, AUGUST 3. A few days fine Commiffioner Hors, of this dock-yard, took into the fervice feveral barges in the River, which are fitting with all expedition, to be employed as gun-boats. Yellerday failed for Blackftakes the Awes-re, lately fitted as a floating battery. Yefterday, although it was Sunday, the contraft riggers, and the riggers of our yard, were employed to bend the fails on board the MONARCH, for her to fail to Blackftakes this day, if poffible. HARWICH, AUGUST 4. The PRINCESS ROYAL packet, Capt. ANTHONY Daiwa, has come round from Yarmouth, to wait for Count BERNSTORFF and Count FREDERICK, who are hourly expeded. The Pruffian !hip Fraun Elizabeth, HARM BARENTZ Matter, is arrived from Embden. with a crew for the Pruffian Ihip Potfdam, lately fold to the original owners, after condemnation, as a prize to his Majetty's fhip FROM LLOYD'S LIST. GRAVESEND, AUGUST S.—Paired by the Samp• fon, —, from Koningiburg; Endraght, from Embden; Friendthip, TR too, from Norway; and Jonge Hendrick, from Rotterdam.— Sailed the Jane, REYNOLDS, for Hambnrgh ; En draght, Jacoas, for Embden; Amy and Maria, —, for Rotterdam; and Friendfchap, —, for Fechamp. - Lieutenant Dum•a Esc), j of the CRSAR, has been appointed commander of the CALM and will (hortly be promoted to the rank of Poil-Captain. Eight flat-bottomed boats are building at Dover for the ufe of Government. His Majefty's frigate Taaraft, lately launched from Chatham, and commanded by Capt. jam E S WALKS', is ordered to join the fquadron employ. eduntler the orders of Captain CUNNINGHAM, of his Majeafsihip CLYDs, cruizing off the coat of France. The Fair Penitent, DUDLEY, for Newfoundland, put back to Greenock, leaky, on the nth ult. Yelterday a Court of Diretors was held at the Ealt India-Houfe, when the fallowing (hips were taken up in part of thofe to be employed the enfu ing Seaton, and Rationed for Bombay and China: CANTON, 1198 Tons, Caputo TllollAll LOSUINOTON. N. Ship, IWO Tons, Captain JAMS TWZMALO. Captain PATTON, of the Fort St. George Ella• blifhment, was appointed Governor of St. Helena, in the moo of ROBERT Baooas, Efq. who has refigned. Mr. Hu n sou, of the Examiner's Office, received the Court's unanimous permiffion to put. lifit an Ealt India Calendar annually. The Court adjourned at fix o'clock till Wednet: day next. NARROWGATE, AUGUST 2. Yefterday was obforved as a moil fplendid fef tival at the Granby, in this place. It was cele brated as the Anniverfary, not only of the glorious Vietory of the Nile, but alfo of the relief of Derry, the Battle of Minden, and the Accellion of the il lnflrions Itonfe of Brunfwick to the Throne. T. WILLIAMS, Efq. M. P. prefided at one table, and Mr. Etteozs at a fecond. Amongft the very re fpatable Company, to the number of t 30, who fat down to a plentiful and well-ferved repaft of turtle and venifon, were the Earl andCountefs df Saar- TIMMY, Lord and Lady Ca srsaat•on, the Bifhop of nowt+, with his Lady and their charm ing daughter, Lord and Lady ASHTON, Lady Sminutoot, Sir Feexcis and Lady &sits and daughters, Lord Fe NCASTLI, Sir Jesus and Lady FITZGERALD, Sir HENRY lISSITSON, with a long lilt of perfons of the firil rank and fafhion. Many loyal and appropriate toalts were given by the Chairman, and the day was marked by an abun dant (hare of wit, humour, and conviviality. WEYMOUTH, AUGUST 4. The Royal Family came on Atom yefterday evening at half pea five. On his Maissrr's ar• rival at Gloucefter Lodge, he received the plea ting intelligence of the defeat of the Spani(h fqua dron. As foon as the Royal Family had taken refiefhtnent, they went to the Theatre. On their MailISTlll entering the Houfe, gs Role Brittorsia," and " God fave the Kap" were lung by the per formers with great fpirit. The Duke of CUMIERLAND left here yefierday morning, His Royal Highnefs bmkfafted at the !Lines Amu, Dorchefter, and afterwards went to Milton Abbey, the feat of the Earl of Doe- CHISTIIt, where the Prince dined and flept that night. This morning after breakfaft, the Ktwo, Prince Apo'. rit us, with their equerries on horfeback, and her MkJ trr y and the Path in their foeiables, rode to Dorchefter to fee the North Devon Militia reviewed by their Commander, Lord Bosieonow. They are a fine let of men. His Maissvv ex prefred himfelf highly fatisfied with the difcipline of the corps. The Rover. FAMILY, after the review, partook of an elegant cold collation provided by Lord Bo- KINGDOM at his tent on the ground, and at two o'clock returned to the Lodge to dinner. The Earl of Cuisvearisus is jnft arrived, and accompanied his MAJarrr in Ws walk on the Efplanade with General GUTS. and Colonels FITZROY, CAILTWILIGHT and MAIIIIIVARING• Mrs. Mot tom Purr breakfalled this morning with the Royai. Fstiu.v : the band belonging to the North Devon Militia played feveral favourite i airs oppofite Gloucelter Lodge. I LAW INTZLI.IV.EIiTi. COURT OF CHANCERY, AUGUST S. MARRIAGE OF A WARD OF CHANCERY. PRIESTLEY AND LAME. This cafe, which in every point of view is fo im portant to the public, came on this morning before the Lotto CHANCELLOR. It will be recolleaed that Timothy Priefiley, a Writing-Mailer at the Ladies Boarding-fchool kept by his lifters, at Lambeth, in the month of Fe bruary laft, married Mifs Ann Lamb, then at that Boarding-fchool, under circumltances for which he is now in cuftody. This young Lady is a Ward of the Court of Chancery. By order of the LORD CHANCELLOR, MifsLamb, one of the Mils Prieftleys (who was in partnerfhip with her two fitters till Chriftmas fail), Mr. Swa bey, the Miaifter of the parith of Lambeth, and' the Parifh Clerk of St. Andrew's, Holborn, at tended the Court. Mr. Cox Rated the different affidavits that had been made by the Mifs Prieftleys, Mr. Prieftley, &c. but (poke in a tone of voice fo low that he could not be diftinaly heard. The furn and fub fiance of thefe Ladies' affidavits, as far as. they could be heard, was, that they were ignorant of the fad of the marriage, till after it had taken place. Loab CRASCiLLOR.•-" From the view I have taken of this cafe, and according to my ideas of juftice, I cannot order the parties now before the Court to explain this matter farther than they have done, though they have given a miferable account of it. They only (wear to the feet. They fay, they did not know of the marriage till afterwards. The circumftances of this cafe are thefe —this girl, after the death of her father, was fent up by her uncles, who live in Lincolnffiire, to this Lady's Boarding fchool at Lambeth, which is kept by the Mifs Prieftleys, and which Timothy Prieftley; their brother, attended as Writing-mailer. And I with to Ipea‘c with all due referee and delicacy of chore Ladies' lltuatinn. It now appears that Ti mothy Prieftley paid his adcireffes to this young lady in the.month of January, thor, and that in the next month of February they were married, by publication of banns, at the Parifh-Church of St. Andrew, Holborn ; and whatever may be Paid as to the manner in which the publication of banns was obtained, and the marriage celebrated, it mutt be admitted that it is a good marriage by the law of the land ; and here Mr. Priettley was aware, and mull have been aware, that he was ,aging illegally. But though the marriage be va lid, that will not by any means furniffi a defence to Come of the perfons who were concerned in it. In juftite to the Parith•Cletk of St. Andrew's, Holborn, I will not believe what Mr. Prieftley fays• in his affidavit—l will not believe what a man fags, who has been guilty of fuch a robbery and plunder of this girl's fortune, which my mind holds in fo much abhorrence. He alked the Clerk of the Parith how he could be married ? He told him there were two ways in which he might be married—firft, by licence, if it were with the con fent of the friends; and if it was not, by the pub lication of banns. It appears that Priettley him felf took chambers in Furnival's Inn, and that Mifs Larabtook a room in Holborn; but it doesnot appear whether the lived during the three weeks preceding the marriage at that lodging, or at the Boarding-fchool. 'The Mifs Prieftleys Rood to her in all the relations of parent and child. They owed to her all the duties of a parent; and it is ex tremely to be lamented that under any poffible circumftances, while the was under their care and protettion, their own brother thould have had it in his power to Real her perfon front that care and proteetion. It is alto very much to be lamented that it has been Rated that nobody thinks it any part of his duty—nobody conceives himfelf under the fmalleft obligation to inquire into the refidence of perfons who come to be married, to difcoversvhe cher it is bona fide or not. If any thing . like due di ligence had been ufcd in this cafe, it is impollible that this marriage could ever have taken place. It ought to be remembered that, by the Canon Law, which binds the Clerk) , of this kingdom, it was provided as early as 1320 down to 1603, that any Clergyman celebrating a marriage wiehole due to gestionof damns, was fubjeaed to very heairy pe nalties. Does not that make it a duty incumbent on every Clergyman to inquire whether the refl. dence of the parties in the parifh was bona fide If the fmalleft attention had been paid to that cir cumftance in this cafe, this girl, who is now ruined as much as any girl can be by fuch a marriage, would have been Cafe in her perfon and fortune. But that is not all. Look at the Marriage-Ad, 26 Geo. IL c. 33. feet. 2.—" Provided always, and it is hereby further coat:led, that no Parton, Vicar, Minifter, or Curate. (hall be obliged to pub lith the Banns of Matrimony between any parlous whatfoever, unlefs tbeperfons to be married that!, (even days at the lea*, before the time required for the firft publication of fuch banns, refpeaively deliver, or caufe to be delivered, to fuch Parfon, Minitter, Vicar,• es Citrate, a notice in writing of their true Chrillian and Su; names, and of the hook or houfes of their refpeltive abodes within fuch ninth, Chapelry, or extra-parochial place, as aforefaid, and of the tine daring oolyieb ebey iseve domeh, its skied or lodged in fad, koufi or &vies re- Araively." If, therefore, the fmall - elt enqui , y had been made as to the length of time this young woman bad refided in this pariffi—if a tingle quef tioa had been stilted, it would have immediately led to the deteaion of this plan of pillage, before it was executed. By the t6th fettion of this Ra cine, the doing of certain ads knowingly or wil fully, is made felony; and if thefe ads were done from grofs negligence and inattention, as in this cafe, though I would not fay that was felony, yet I would fay, it wears the character of a crime which, I nun, might be punifhed by the Criminal Law of this country- In the loth Cation of this Ad it is Paid, " That after the folemnization of any marriage, tinder a publication of banns, it than not be neceffary, in fopport of filch mar riage,to give any proof of the aaual dwcllingof the parties in the refpottive F`arithes or Chapelries wherein the banns of matrimony were publithed ; I or where the marriage is by licence, it thall not be Law." nem-Cary to give any proof tat t usl place of e ti ?. abode of one of the parties for the fpace of four weeks as aforefaid was in the parifh or chapelry where the marriage was folemnized t nor (hall any evidence in either of the (aid cafes he s teeeived to prove the contrary in any fuit touching the valid ty of fuch marriage." But'altho' no fuch evidence [ball be produced to invalidate the marriage; it is perfe&ly clear that it may he produced for other purpofes. For inftance, evidence may be pro. duced though not to invalidate this marlage, yet to Phew there was a wicked confpiracy to bring it about. The negligent and flovenly manner inwhich marriages by publication of banns are celebrated in the parifh of Lambeth is alto a matter of the moll ferious regret. In confequenee of this, good intentioned men, and men who meant to dif- charge their duty, were led to do very improper things. When I view this cafe in all its circum (lances, I think it lo bale and malignant that treat ing it merely as a contempt of this court, will not fully anfwer the purpofes of juilice. It has been determined that the obtaining of a licence Impro perly is the fubjesl of a criminal charge. I think it due to the public to know whether the obtain ing a publication of banns improperly is not alto an offence punifhable by the criminal law ? And therefore before I proceed further on this &Neer,' I Chan order all the proceedings in this cafe to be laid before his Majelly's Attorney General; that this builneil may be lifted in all its circumilanres, and that it may be known whether, under the cir cumftances of this cafe, the parties concerned were not guilty of a confpiraci at the Common Mr. Swabey here reqneßed hiii Lordfhip's per. million to fay a few words.--in every part of the tranfattion with which he had any thing to do, he was perfedly perfuaded at the moment that his conduet was. corral. But from the populoufnefs of that parilh, and from other circumftances which were Rated by this Gentleman, but which could not be heard, it Was, he laid, extremely difficult to , eard always againft fuch accidents. . he Lomb CHANCELLOR. laid, it was in refer- ence to Mr. Swabey he had obfer,ed, that from the negligent and flovetly manner of celebrating mar riages by the publication of banns in that NMI!, and he was lorry to add In other Parilbes, men who had the bell intentions in the world to do their duty, had been led to do things that were very in-. corrett. No circumtlances in the Rate of that Parifh could ever furni(h an anfwer to breaking the law, becaufe if it did, it would amount to a repeal of the law, and Clergymen muft do their ball.. If a little enquiry had beat made, it would hare been found that this girl seat at this Board ingtchool in the parifh, and he took it for grant- • et, that if Mr. Swabey had known that, he would . nut have married them (we underftand they were married at Lambeth after they had been married at St. Andrew's, Holborn.) Mr. Swabey readily anfwered, that if he had entertained the leaf! idea the was at fchool; he thank' certainly not have married them. The LORD CHANCELLOR here obferved to this Gentleman, if he would have the goodnefs to read the Statute law of the land, as far as it related to the Clergy, he would fee to what .a degree he or any other Gentleman (landing in the fame thea tion, was in the power ofrvery body. It would be no defence to him to lay that he was ignorant this young vehinan was a Ward of that Court. Mt. Owes, Counfel for*Mr. Prieflley, (fated on Monday let, when this bttfinefs was mentioned, that his Client; who was in cuftody, was in a very bad Rate of health. The Lotto Gals crttoe laid, he was very lorry for it. He bed no objeCtion to fend him into any wholeforne jail, but that out of cuftody be thould not come till he had made A fetelement.—Said his Lordflaip, as this cafe mull come again before the Mailer, to receive a proprfal for a fettlement, I hire the Mailer, recollening the robbery and plunder of this cafe, will take care that this man shall not receive the rattle of one fltilling either of the real or perfonal ellate of this girl. COURT OF RINO's REi4CH,JIME 1. waive V. RANING • DART. AND ANOTHSR. This anion was brought by Captain White, the Plaintiff, who had been the Commander of the (hip Courtland, of which Metres. Mallard and Van Spaegen; who are now Bankrupts, were the Ow ners.—This anion st as brought againfl Sir Francis Baring, who was only a nominal Defendant, he being indenutified by the Aflignees of the Owners who are the real Defendants, to recover the turn of total. ti. gd. as the freight of the Courtland on a voyage from Stfrinam to London. There was alto a demand for primage due to the Captain of toil. 16s. 2d. Sir Francts Baring, the eonfignee, paid over this money to the Alfignees after notice; and the ground on which the Plaintiff demanded this money, m point of law, was this, that he, as well as the Owners, was rerponfible to the dif ferent tradefrnen for the mat-fix of this alp, which amounted to the Cunt for which this anion is brought, eaclufive of the pt-image; and the owners in this cafe being infolvent, recourfe could only be had againft the Captain ; and therefore the AT roasts, GENERAL and Mr. HARRISON contended, that the Captain had a lien on the freight up to the extent of his liability for the out-fit, Ste. For this they cited a Str. 816. and Cowp. 636. Mr. dim, on the part of the Defendants, laid, his cafe was this.—ln the fill place, that for fuch neon, as he Should fidarnit to his Lordllip and the Gentlemen of the Jury, the Plaintiff, as Captain, was not entitled to recover at all ; and, in the next place, if he could recover, it could only be to the extent of his liability to the tradefmen who fitted out the fhip on that voyage. Lord KENYON Paid, it feemed to him that the Captain had a lien on the freight, and that it had always been fo naderflood. He was liable to be filed for thofe articles that had been furniflied by the different tradefmen fur the out-fit _of this (hip. His Lordthip was of opinion that his lien was c,s eztenfive with his liability to the tradesmen; but as Mr. GIP is doubted the point of law, there was abundant reatini, his Lot dfhip raid, why he lholild with the point to be reserved.—Pirdia for Plainte for tots/. 17s. t td. fubjtd to ISt *Wigs of air (mrs. 9 nu i 'i ,i