Star. — London, England, 1810-07-05 00:00:00

THE INSTALLdTION. ODE !OR THE ENCZNIA AT OXFORD; PERFORMED LN THE •THEATRE, JULY S. its mute amaze .the !rutted Roman lay, What timeon Af.rlcssulny zone, In visions of the night was 'hewn T o his rapt atind.telestial Glory's way. Before his woriderinivjew was spread The green 'Earth's lid Ocean bed; He marked hoW farina-Ow barren main Stretched its inhospitable reign ; How wide o'er ad the eaequered land, Lay wastes of eitovi, and.seas of sand; How thin dispersed the space between, Where fields and peopled towns were seen, Like shadowy spots upcin the fickle deep. Then caught his ear the theme sublime Of him whp bade Aim upward climb, To gain by patriot worth the glorious steep ; Where listening to the mystic optima, Unbodied spirits of the heroes throng, Charmed by that mazy dance, and undisturbed song.' . . Thus who that scans the roll of Ants past But views with grief from side to side The spreading of the waters wide, The gloomy mountain's form, and desert waste ? Though Greece her olived hills among," Tune the richthick-warbledfomr, And bright the purple vintage bloom ; • • Around the stately towers ofßopte r• • Yet far-removed the.climes'and few. Where cultur'd plants of genius grew, • Like some Batavian pasture fair; • By toil severe and wakeful care , Won from the cheerless void that slumbers by: And soon frtim Ocean's either bound Returning billows burst the mound ; Fast shrinks the land before th' affrighted eye, By Gothic waves encircled round; While Paynint floods in fiercer tide advance, And scarce a green isle leave to break the vast expanse. Yet happier deem not theirs the lot of yore : Alike for us that vintage streatnl; For us the golden harvest gleam'd, Awl ours the fruit that distant ages bore. And ever with revolving years Fresh fruits and flowers each summer bears, And gathering riches swell the store Combined with all the. pleased before. While in our native woods and plains Fancy wakes her living strains, And Eloquence her thunder plies, Or bids persuasive accents rise, Soft scattered from her lips like wintry snows !• Still sounds the tuneful Doric choir, The Attic shell, the Mantuan lyre, That charred embattled Rome to stern repose ; Still glows the fount of heavenly fire, That beam% on him, first favour's' of the Nine, Who sung the wandering Chief, and tale of Troy divine. Let low:born Pride the precious gift despise, Let sullen Ervy backward fling flit b'unty of each earlier spell; St. curs the task !o guard the glittering ptiZe. Still as we tend the grateful toil, Princes lend she cheering smile; An:l Nobles of liter loftiest line sands to deck the shrine, By wisdom, woith, and !taming Ost.ih, '11'1: sr.. Oxford seats her patriot son; Welt pleased in each maturer grace Of word and well-planned deed to trace he manly promise of his opening morn. B:s . t. Patriot he! *hose steadfast way :or courts, nor lawless crowds can ninny, Nor light deceit' on breath of flattery borne : In him, should clouds o'et - hang the day, et shall that secret srlf-approving Poway Cahn every anxious thought, and cheer the darkest hour. • k%l LT/2 ,q),lbs-oi% 12,%41ts xig t .4.fir l iny. Ix. y. OXI ORD, WEDNESDAY, JULY 4. Tlis morning, at eleven, the CHANCELLOgi with the Governors of the Infirmary, proceeded to St. Mary's Church, which was previously crowded with the best company in Oxford, where the service was performed, assisted by the vNeal powers of Messrs. BRAfirANt, BARTLESIAN, KNYVETT i and VAUGHAN.-- A sermon was preached by Dr. Hoot-Ev, Canon of Christ Church, in recommendation of the Charity— " Thou shalt love thy neighbour as thyself." The Doc tor, tram these words, contrasted the partial and sel fish love of the Jews and Pagans with the universal benevolence which was first preached and practised by Christianity, He then strongly and pathetically described the many accidents and necessities to which nothing but an Infirmary could give relief; and dis played the advantages of Christian instruction and Christian comfort, which the Oxford Infirmary afford ed to the patients, in addition to the best medical skill and attention. We cannot but repress a wish that Oxford pos sessed a Church appropriated to the University. We think it inconsistent with the dignity of Oxford and of Cambridge to borrow a Parish Church for the University Sermons. A magnificent church, dedi cated to that purpose, and adorned with the montt ments of the illustrious characters of the establish ment, would he an object of utility and veneration.— The collection amounted to near /000, besides pri vate donations. The Governors afterwards retired to dinner in the Town Hall. Its the evening there was a Miscellaneous Concert I in the Theatre, still more crowded, if possible, than that of yesterday. Luckily, the rain has coolled the weather, and the heat is not disagreeable.. CATA• LAN' was mistress of herself, and delight was the order of the evening. Lord GRENVILLB continues in perfect health, and the sincere and universal cheers with which he is greeted must add highly to his gratification. He repays every a tt ent i on b y particular affability and general liberality. ANOTHER ACCOUNT. The Concert at the Theatre last night was crowded long before the performances commenced. The fe male part of the audience was most brilliant. The orchestra was directed by the almost unequalled skill of Dr. CROTCH, the University Professor, and BAR TLEMAN, BRAIIAM, and CATALANS, exerted their pawers with effect CATALANS was peculiarly excel ].at in her last song, 6 , 0 u inuOvap" and curtsied at entry expression of general aPPiobation. At the end, after the Cotonatioa Anthem, Is God Save the King" 'was called for by several; the greater part of the ilerformers were on the move, but the shewed a strong 'disposition to comply with the wish, and sang that fine Anthem in tolerable English, assisted in the last verse by BRAHAM. The Theatre then resounded with her praises. At night a grand ball took place in the Town-hall, where about 700 persons assembled, and in which the wealth and beauty of the city, and its neighbourhood, was mixed with the Academics, and graced with the rank and dignity of the Nobility. In the course of the evening, a magnificent sort of procession was made through the chief streets—men on foot, newly clad in the most dazzling liveries, followed by several cavaliers, gorgeously apparelled, and well-mounted, one on a cream-coloured horse. This was taken by' the inhabitants, to be no less than the grand entry ofl his Excellency the PERSIAN AMBASSADOR, but turned out to be no more than the first grand appearance of Mr. SAUNDERS and his institution ; most of whom ap reared entitled to their Doctor's degree in korstmanshift. This morning the grand attraction was at St. Mary's Church, ; and the press to get into the Church, resembled that in getting admittance to the Theatre. The Rev. Dr. HOWLEY, Regius Profes.l spr of Divinity, preached a most eloquent and ex cellent sermon, before the CHANCELLOR, the Nobility, the Heads of Houses, Ecc. &c. all arranged in their proper places, and clothed with their appropriate habits. The galleries were entirely devoted to the fair sex ; an order having been printed and placarded in the streets, describing the necessary arrangements. Dr. HOWLEY preached, instead of the Right Rev. the Bishop of OXFORD, who is indisposed at Cuddesden. Sacred music shone forth in its brightest and most rapturous strains, from the melodious throats of the BRAHAM'S and the CATALANIN. Nothing in a Church could be finer than the whole it. It was for the hene: fit of the Radcliffe Infirmary, and always occurs after the Installation of a Chancellor. Heavy rain this morning, has partially deprived the High-street of its numbers of students and visitors, and of its multitudes of mothers, sisters, and daugh ters ; but a solar ray is now shooting athwart ow towers and domes that promises a splendid evening. Yesterday Lord GRENVILLE dined with the Vice- Chancellor, where he stays ; others of the Grenville family are accommodated in the house of a respec table tra , lesman in High-street. A most sumptuous and costly entertainment is preparing for his Lord ship at Christ Church, where his Lordship matricu lated, though he was, on the election, proposed by Braze Nose. His Lordship dines in a more private way on Saturday with Dr. COLE, of Exeter College. For the Christ Church dinner the Noble Lord has sent three or four turtles. Mr. WICKHAM, who is a Mem ber of All Souls, is also to give a grand repast. To-day there will be a feast at the Town Hall.— The business of the halls and iitchens quite eclipses that of the lodgings and cloisters. The eloquence even of the pnblvc Orator himself would cause no lis tening silence within the sacred walls of a College the youths say, they are not to be crowed over in the hours of their hilarity. A surprising mixture, and variety of characters and professions arc brought to gether in this place. To say nothing of real Oxo nians anti their lordly visitors, here is all that Lon don can spare, in the shape of Milliners, Mantua makers, and Hair-dressers, a la Brutus and ,) In Taus. Here are Taylors with the newest cut ; even a Quack Doctor, witlr his nostrums and specifics ; and, more over, a Corn -cutter, who styles himself a great Chiro pecirll. Likewise, the wonderful Signor Polito, who has come here, as he says, in consequence of ;lie va cancy of the Natural Philosoish 7 Chair, to exhibit and lecture on the qualities of a number of inhabitants of Aria, Africa, and America, y'clept beasts. Sitturd.ty, a flight will be made superior to the in most aspiring: of emulative youth. Mr. SADLER, (the Aeronaut) will, from Merton Fields, in a pain ted car, presume, 44 an earthly guest," to visit the upper world. _ _ _ Waggery and punning are in full play. Some queer mal-apropos have occurred. Take one as a specimen. A Knight of the Rainbow knocked, on Monday, at the door of Corpus Christi, and enquired for the Vice-Chancellor. The bedizened gentleman was introduced to the Rev. Dr. Comm, Principal of that College and Pro-Vice-Chancellor, and told him, not at all to his dissatisfaction, that he had brought dawn a fat buck and a fine turtle for his Reverence. " I'o whom, Sir, am I indebted for this valuable present ?"—Knight Iquitos.. 66 Are not you Vice- Chancellor, please your honour ? I bring them from Lord Gass WWI !"—" No, Sir, I am Pro-Vice- Chancellor !" The gentleman was somewhat puz zled about the distinction, which seemed to him without a difference, except that the prefix made it sound more grandly. After many Pro's and Con's, he found his way to the real Vice-Chancellor's gate, where his gifts were very cordially received, and had due justice done to them, by Heads of Houses, with whom, we believe, the Pre-rice participated in the Grenville bounty. This has occasioned a few jokes, Corpus Christi having been, at the late election, an ElAnian house, on one of the feasts of which, the fol lowing Epigram made its appearance : For Eldon's good friend., Cycle fills airy dish, " With ham, pheasant, ven'son, and vial; " Hi, Lordship proposing to send a hue fib, " Cooke wisely reqiivsts a Great Sealill" The hissing on the admission of the Honorary Doctors, and at the entrance and departure of some of our Members, which our youths maintain to be their privilege, (although recently forbidden in the Convocation House,) was not great. An order has been received to discharge the impress ' gang at. Margate ; also one of the two Impress gangs at Dover, which has accordingly taken place. PRINCESS ELIZABETH'S SCHOOL.—Saturday last her Royal Highness the Princess ELIZABETH paid a visit to the School of Industry at Old Windsor, of which she is the Patroness ; and which is established on a plan which we hope to see adopted more generally in the country, in the education of females as untier-w -wants. This Charity took its rise ha cotflmemoration of his MAJESTY'S entering the 50th year of his reign, and is similar to the Institution at Cheltenham, in re-, gard to the occupations of the children, in sewing, knitting, brewing, baking, and other household affairs. The produce of the School affords a seasonable relief to the poor in the neighbourhood, as the clod* and linen are sold to them one-fourth under their 64; 7 , • . • - 141 6dt:run. bI kINGI BE! CIL JULY 4. SIR FRANCIS RUItbETT V. Tne StRJRANT AT ARMS, EARL PROIRA, ETC. Mr. Serjeant Sitarmain stated that in two cases, Sir Francis Burdett again.... Colman, and Sir Francis Burdett against Earl Moira, he had to attend their Lordships in consequence of an application made for Trials at Bar in these two cases. The application narrated the proceedings that had taken place in the different aetions, and then went on to state that they involved questions of great public importance, going, as they did, to question the power of the Serjeant acting in his capacity of a servant to the House cf Commons. The Learned Serjeaat admitted tkat these cases involved questions of very great importance to the public. He only wished to be allowed to state the proceedings. The Attorney-General had said I.e did not wish to hurry the plaintiff. The present mo tion surly had not the effect of hurrying, but of re tarding and delaying the trial, and the judgment which might be come to on it. The Attorney-Gene ral, however, seemed to imply, that delay and a reluctance to proceed had been manitesied on the part of the plaintiff. The cl.:claration had been filed, and the plea given in last Term, and the plaintiff had re joined only one dily beyond the usual time. He cer ta;nly should not have advised that notice of trial should hale been - given for thee short Sittings after this term. So he could not see that there was any de lay on eith:r side. As to Earl Moira's case, there had been some delay, but it proceeded from the•de fenditot's counsei having wished for time to consider how they ought to proceed. He did not understand, however, how the Attorney-General came to be impressed with the notion, that, in the third action against the Speaker of the House of Commons, the plaintiff was not to reply at all. He could not con ceive how the Attorney-General entertained such an idea. Lord ELLENBOTIOUGH said, such an idea might wander abroad, but it was not at all conveyed to the Court. The ATTORNEY-GINERAL said he had stated thus far, that finding the plaintiff was not about to reply, he had ruled him. Mr. Serjeant SHEPHERD agreed that it was so, and that within the terms of that rule the plaintiff did de mur. He believed he should have been indulged, but he was within the time. As to the question now before the Court, if their Lordships were of opinion that these questions were fit to be made the subjects of Trials at Bar, he could have no objection to it. He agreed that they involved points of very great im portance to the public. But, if the Court should be of opinion that the Trials should be at Bar, he hoped a day for trying them would now he named, as, he believed, eighteen days notice of a Trial at Bar was necessary. The ATTORNEY-GENERAL said, that in a ca.e like the present, where three actions had been brought ; where the plaintiff had replied in two of them, and the other had, by the plaintiff's act and deed, been placed in such a state that it c(etld not be tried by a jury, while the same question of law would cccur in all the three actions, he could not but' feel auxious that the question of law arising on tie demurrer. should come on to be argued before the:r Lordships, in the first place, before the trials at bar should take place. • —'Phis was, undoubtedly, the mot regular mode of proceeding, because it (the Demurrer) might be car ried further by a Writ of Error ; while the others, in all probahi:ity, would never go out of that Court. He did not :Ittrituite.delay to any one. In two of the ac tion', namely, those against the Speaker and Serjeant at Arms, he had been ordered to defend by the House of Commons. He was also of the Counsel for the Earl of Moira, by whom be had been employed as by any other client. Lord ELLENBORODCUI said, no blame was imputed to either side. The only point before the Court, namely, whether in the cases mentioned, there should be trials at bar, was not objected to, provided the Court thought it proper. The question therefore was, should the present application be complied with ? Considering the magnitude of the question, and its great general and public importance, his Lordship thought it proper that the trials should be at bar.— This would to him, individually, be a great relief, as, in this way, he would have the assistance of his bre thren in the important questions which were to be discussed ; whereas, in the usual mode of proceeding, the determination would fall on him alone. It was next said, that there was a question before the Court on demurrer, in which the same question of law as occurred in these cases, was to be tried at bar, would fall to be discussed, and it was contended that it would be best that that question should first come to be ar gued before the Court. His Lordship agreed that it certainly would be better, if the point of law which occurred in the case of the'demurrer had the bearing it was said to have on the cases to be tried at bar, that the demurrer, if it could, should first make its way into the Court. It would be better, and more convenient for the Counsel themselves, that this should be the mode of proceeding. It would enable them to see their way, in all the different bearings of the case, and to shape their arguments accordingly. If thother Shepherd, therefore, had no objection, it would be bet ter that matters were thus adjusted. Mr. Serjeant SHEPHERD being thus called on, - must admit that the same question might occur in the trials at bar, as that which must occur in the arguing of the demurrer. But, unless the Court chose to bind him to consent to the marshalling of things in the way now proposed, he could !Jot, of himself, consent to it. If his client should be in default in bringing forward his demurrer, he must suffer for it, by having judg ment against him. He, however, could not consent to be bound by this arrangement. Lord ELLENBOROUGH said, he certainly could not be called on to consent to be so bound. The ATTORNEY•GENERAL begged to state, that, in the case of the demurrer, the Declarati( n had been filed on the 10th, and the Plea on the lfith days of May, and the Demurrer had not been put in till the 26th of June, being the fourth day of this Term.— That being the case, he could not compel the Plain tiff to put down the Demurrer for argument during the next Term. Lord E LLENBOROUGH asked, Had they joined in Demurrer ? The ATTORWEY•GINKRAL said they had. It was for the Plaintiff to make up the paper. He might, if he pleased, bring it on for argument ; or, if he pleas tia, he tight keep it back. If he did not child t set k down for argument, he (the Attorney-Genera 1 presumed to think the Court would not drive him to try these causes till the Plaintiff had ar7led hi s de. murrer. The Counsel for the Plaintiff had intimated intention to go first to the trial of these c s e, -it bar, but he trusted their Lordships would not Jr' ve int L ithe Attorney-General) to these trials till the ques tion involved in them, and depending on the n in the case of the demurrer, should have been argued and determined on. Mr. Se jeans SHEPHERD said, this seemed rather to he an application for postponing the trials, than ono for their taking place at bar—at least, this would be ,the operation of the Attorney-Generli's .trgonle,i., the Court consented to what w now :,ITtf,t. I. • The ATTORNEY-GENERAL had mentioned what had just fallen from him merely in candour to his Learned Friend, wishing that he should know what •iew he entertained of the subject. Mr. Justice Le 13Lasc said, it had already been ad n;tted that these were cases fit to be tried at bar. Li rd Et.crwsonouoit added, the cinestion now was, these trials should take place ? The Court would not now make any order out of the motion before them. They would go merely to the consideration or s peslion, and would not endeavour to anticipate any I.lrther call which might he mad , ., on them. They would go in a straight forward way to Appoint a day for the trials at bar. Tuesday, the 20th November, was then fired on for this purpose. • - The MASTER suggested that this was a Special Pa. per Day. Lord ELLENBOROUGII observed, however, that e Court had got so well, he ouvlit, probably, rather to say, so far through the Special Paper (there being at this moment NO AMMAR) that this could (cum no objection. WEST INDIA DOCKS. A special rase, reserved for the consideration of the Court,4sas argued to-day, on this point, whether the lioEk Company, for the allowance of 6s. Bd. peg. ton for Mooring, unmooring, and rnanagittg vesselt coming into the dodos, were bound to take the entire charge of the vessel from the moinOnt Of her arrival, and if she be in a leaky state, and requiring ithrhedi. ate means to be used for the safety of the vessel and cargo, so that expences are incurred in empky'uz lighters for the accomzinociation of the cargo, while the vessel is waiting for admittance into the Docks, the Company is bound, out of the 6s. Bd. per ton, to defray such expence ? The Court was clearly of opinion in favour of the Company on this point. The dccks were meant to he literally docks, not tobe an hospita ; and it was the im plied meaning of the Act, that the ships coming into the docks should not be in the state of wreck, but be in a manageable and navigable condition. It any oc casional inconvenience should arise to vtssels in a leaky state, from -waiting till their rotation for get ting into the docks arrived, this lesser evil must be home, on account of the greater:good produced by the erection of the docks. Judgment was accordingly given for the defendants. PERSONS UNDER AGE. I.ord Ercostiostouott afterwards at at Ali Ni,, in CIO& hail. The only trial worth noticing was one in which an avion was brought by a dres , -maker, of the name of Weston, agstm.t • Stanhope, a woman of the town, for the prie.• of some ,Ireist I furnished to the defendant. 'll.e principkl ground on whkh the ac'ion was supported, was a promise of payment, madewhen the defendant war la a lock-up home, for the debt. On this Lord El. lenborough observed, that her promise, given under thcagitstion and anxiety of such a situation, could riot add any thing to bet previous obligation to pay the debt. B 4 sides, the dresses were spoken of as necessaries; but the law did not allow such an op ptllation for goods fur•nishtd to support the extra% •itlet and un happy trade which the defendant carried on. In the G•urse of the evidence it was proved, that the defendant was under age at tho time of contracting the debt, and the plaintiff was iiunicauely non-tutted. COURT OF COMMON PLEAS. JULY I. SUTC LIM W. TWIN SR. In this case, Mr. Serjeant Bear moved the Court for a Rule to :hew cause why the verdict should not be set aside, and a new trial granted. The original action was for damages done to a cargo of corn which belonged to the Plaintiff, and which was shipped at Liverpool for Rochdale, on board the Providence fiat, the property of the Defendant It appeared by - the evidence for the Plaintiff, that the flat was loaded above the coamings of the hatchways, so that the hatchways could not be battoned down ; that when she sailed from the Dock it blew a smart breeze, which increased during the night ; and that ;Ind morning the flat was lying on her beam-ends on Pur ' lington Bank, having foundered during the gale. There was no fault in her hull except a small crack in the gun-wale, and two augur-holes which they had bored in her bottom to let out the water. The wit nesses conceived she must have made water (rent above ; and they all agreed that the place where the flat had been brought up (Purlington Bank) was ni fit place for shallow canal vc,iels to anchor, owing to the shallowness of the water, which occasions a heavy sea that breaks over them ; and that of conse quence she should have run for the New Ferry, or have brought up in deep water. On the other hard, the Captain of the flat and one of his men had sworn that it was usual for such vessels to bring up on Purlington Bank ; that he could :lot have run for the New Ferry; and that, when he lest the flat far assis tance his hatches were battoned down, and all was snug above. In consequence c..f this, the Jury at the trial- gave a Nerdict for the defendant. Sir J. lteninrnam said, the evidence was of a nature directlycontradictory; and the cause having been tried on the spot ( at Liverpool) the Jury could better judge of the facts than the Conn could do.-.—Rule refused. JULY 4.—The Court were occupied in hearing wb guments on :notions for new trials. SWINNERTON U. THE MARQUIS OF STAFFORD. This was a question tried before Mr. Justice Lawa wen aid); Stafford Assizes, to aicmain the right of common. A verifies wad given for the defendant. The new trial wits neoved sot on the ground that all the evidence necessary to prove that the rig:it was not vested in the defendant was not submitted to the Jury.— ' The right in question related to certain commons, oi , e of which Is named Moltishal, and at the trial a number ot witnesses were examined to shear, that from their remembrance, some of whom recollected the usage for sixty years, that right bad existed sods. turbtd. Mr. Sedalia WtLLIAMS and Mr. Sergeant VAUCI ix IMO heard against the Rule, sad Mr. Serjeant Laws, in suppot•t of It. The Court were of opinion upon hearing the state of the agrfl. meats, end upon viewing the evidence given on the trial, mit doubts at least existed u to the right. As the question was of great importance to the parties ecncerned, and the &Advise ot the Jury must be binding upon the future interests, it would be Is.ttsit that the can sboldu go 4own again for trial.—!tali abeelsca. • Court d not Which ed at dente !d by - )adeJ t the when .eeze, ;iczt l'ur. k.—. :rack r had wit. front e th: ts 111 Wing )ns a on se. r. or tar.d, worn p on )1- the assis- was at the stare tried iudde rd. g so attbe • . • et .rat 3n the :it was w• hich WINS whole were of It. agrei. rit.t was et or rut b. turr •