The Statesman. — London, England, 1813-06-14 00:00:00

• 6 rrillosof the House of Hanover, to wham it give a Crown. Daroa sale— " Whew Kemp the .curd wig tire do lay duwa. The) , are ne Km s. Weak they acne steatra Crowe." But I leste, in .a former bitter, quoted the whole Tonne ; shall, therefore, give the Reader no more of his verses, in order that I may be,ahle to cite to him no less than five precedents on eases where this doctrine bath been coral' med by practice. The first imbrue" after the conquest, or, to speak more Properly, Norman accession (for I do not think it worth while to cite those before that epoch), was King Jones, who w;s lawfully deposed by the peas pie in Parlinment, as he had been lawfully elected by tlAm ; of both which events , namely, his election and deposition, MATTIOtw PARIS, a cotemporary historian, loth gives us a circumstantial detail. The rause of hoax's deposition, he says, was" pro mut. fIo homicidlis et alit* snalf:ficiis." So, King Joulti you see, was punished as a molefadoe, althetagh our modern Tories pretend that Kings Can do no wrong. In the name of common sense, of what !Ise is it to make a man tuk* an oath, and then tell him that he mar do what he pleases, aye, even break that oath, and et he shall do no worse This never wee the Constitution of our ancestors;., no, they were neither a nation of lunatics. nor of idiots, whereas they who avow such politic., must be the one or the other. Tate second Kitt; deposed was Eowano H.; the wrong he did is 41 forth in the Articles of his Impeachment, of whiCh shall copy the ,An gles only, from HANN'S History,iii folio, vol. I. p. 402:—" Sth, Also, whereas he was bound by his oath to do right to all, he would net do it, for his own profit, and the covetoesness of him and his evil Counsellors ; neither ;clouded he • the other points of the Oath which.4te made c his Coronation." Now, if the Reader wishes to see this same oath which this very King Eewese 11. took • at his Coro ration, he may ludit in ROO ; there he will see that EDWARD swore to keep this very Swum la* from which I hive quoted the.paisage below out of Wmeirts • so that confermabielo his own Oath, was he convicted, and lawfully deposed ; since by virtue Of that law he was only King whilst he adminis tered justice' conformable to law, and when he ceased to do so (as by .the above article .it ap pears he , did), then was the law Nulled, which says stollen- Regis non i.e to constubit, et stamen Regis perdis.—goe below (*)Of ell this F.nnAtte was very sensible he. ackupwledged he had done wrong, and that Ms punishment was just, and he thanked the people for taking his son in 'his stead.— The third instance afforded in DU history since the conquest, was Hunan!) It, The tildes exhibited against this Prince are no less than thirty.three in number; he was, indeed, a great malefactor, as that list proves; several of these articled end thus, " whereby the said King did damnably incur the guilt . of perjury." Is not this quite sufficient to convince oar 'l'ories, if words can convince them, that it is a wrong thing for a King to break his oath, and withhold that. justice which he prothises at his, coronation to administer to his people? balm these gentlemen the effrontery to tell us, that what our ancestors thus !minded with terms of ignominy, what they Called " the damnable guilt of perjury," is in teality, no wrong ? No wrong, according to their notions of. the Constitution! Bravo! Messieurs the • Titries.--The 'fourth King. I mean to cite' was Cuirass - I. Though it is. iot my intention to ap prove dap:tent of his punishment, yet • I must say that he owed its severity to "the doctrines' which he had learnt from the Tories.‘. There is no doubt that Cumtuts broke his coronation Oath, and cone. quently had forfeited the kiegly office - but the Tories told him, that this office he he!fl front GOD. and was not answerable for the abuse of it : and though he could not show his celestial patent for doing torts:, or, in other wrells, for oath breaking mid perjury, yet was he foolish enough, and matte. tenateenough,to believe them. Parliament might have deposedtim, as they afterwards did his son JAMES, for breach of the covenant with his people; but they had no right to put lam to death. The ancient law says, Rex aria slum !Jew Regis. You shall be King giehilst you govern according to law, bat when you do not, Rosen Regis perdis, you shall lose the name of King : but they went further ; iestead of. taking from him the name of King, they took from hits his bead. This was what Mr. WINDHAK used to tall a vigour beyond the law. On the other hand, this unlawful rigour kilo proof that CnattLite was undo. serving of punishment. It is to be lamented that the tribunal which tried him was not coustitutional • but if we attend to the objections which he 'urged against it, we shall find, that he very well knew what the duty of an English King was, though be wished to be King, jure divino, rather than King according to the Constitution . . He said, ' 6 For to acknowledge a new Court that I never heard a l ' before, I, who am your .Eing., who should .b•-an example to all the people of England for to "UM; intim, And maintain the old laws, indeled I cannot au it." -This, on( of the mouth of salt 'n Titres ; as Quinn', was, to be sure, very good, but the following is still better:—" I am sworn to keep the I peace, and by the duty I ours to God and my country,. I will do it to the last breath of, my body. Satisfy me in that (meaning the legality of the Court), and I will answer • otherwise I betray nqj trust and the li&erties of the people S." Here we find, that eves Kin; CHARLES himself could, to answer his purpose, admit that he was king upon oath,. and upon trust; and that the condition of this tend end obligation 1 , was to maintain justice and the people's liberties. Respecting the fifth King punished for violating oath and trust, J AMES the Second, I shall say little; the vote of the 28th January, 1688, the Bill of nights, &c. proving so clearly that hiadeposition was in consequence of his breach of this sacred contract between King and People ' • and now for a word or Iwo by way of applying the facts here stated to the present case. According to this contract which the vote of January 28, 1688, very property • styles origiaait because it-was thus that our Government originated, , • " Debet edam bins Loges et csassetiadiareepprobalne eft- i pry. Debetjsrliel on reetenis,regoo fame et 3 William per ens- 1 et zromi anus pa:semis r psi Imre. lila vets Relief ereela Res is pr 0 . 7 .2:. .et tools trierrrimpetie Ersaititils Corms repo • re lib A.loepile et ejsebipis regoi X-11ad oipsio. " Rex siollowbooe regk r44. 17 . 4 N aiu Nevis woes retth ass is to eseetabilst Mon reel to • —4lfitarres, p. p. 200 met 101. * Ses Names Trlid of Dor* rah 'Pe $ ENI $l. • s tfsltce, ao It. " 1 as CUAIr. following 2eace, an( I will do me in thai will ans liberties c Cu, admit dm and that was to in Itespectic oath and the vote Rights, .3 , ti 4 conseg between two by v present c Acton January because i ; • ic D e l C l E i t's pre is probes COfilla rep ti regoi vim p 01.*4 Nevis * -- - and it is thus that every new and I may also add,. it was the . the House of Meister originated contract, I say, he people.gitte b. in return justice; and the Sovereign Crown without making such . a - who wears a coat for which ke the tailor. in faet.the case is even a man would pay for his coat if " j to do so; but it is always in the do justice. From his , people ' I ty 9 revenue, and every thing i ambitions what he owes to f !more than what he is bound and a good Christian. TO be them, is to be wanting in justice . l Master of N. Rote' s Hospital, kept the house; she to degrade and vilify hims e l r i n the si g ht of both Goo 1 Process - sum, and man. This (*maintain to be the true ionstitu- and would be vetoed. pa salted if Mr. Punstan, tional view of the subject ; and, considerieg the n e at -i there's , said he did net, he was the landlord, and recent ter in this light, I am bold to asser t, that 'no man in the kingdom so much interested In the mended patients, bet had nothing to do with theme punishment of the DOUGLAsEs as the Yantis He - I nagement or Prat* of the house;- she Said no utedi. GENT himself. Ile of all men living ought to feel , cal gentleman attended the house, her patients were the greatest desire andauxiety to bring those persons not ill enough to require medical assistance. to trial; and if he does not feel this desire, it is a ) S. Smithson went to Defendant'skonse, by the groat error in judgment;' and they who are his hest i older of Mr. Dunstan, on the 100 of November, f r iends, they, who feel the greatest loyalty, they I•Alt ; he and the Defendant directed her to take a who wish well to, the elude Family, ought to I ItOly into the country,. whom Defendant said she had correct so d angerous au )ateedined six months. There were four ladies at that be. most anxious to i b ale I time in the house of the Defendant, some of them e error, if it e.ists. F ree h o lders of Berkshire.' you ail) , veneration for the Divine Cornmantlmeats ? pers o ns who have assay, strait waistcoats, some had locks; the lady, whom she took aay, was double waistcoated, and en most you be hart to see b4rne false witness against their neighbour tilnowe , bad a. lock Which crossed the two wrists; and at le impunity,—Have you any veneration for our Casse-i-orld bed a lock on her legs. Witness took the . sh , int.; on, for the Law of she Land? then wit' J O ' la y into the country;attended her forty-two weeks, he.e „ tjcshortukvor h ..v , tr w mp h._si rre ime .e." when idie ants nearly wells she was at Plaintiff's usi sentiment l of lopitly, any regard fc;r truth anti ; boo , on itts 30th of September for the last time; Mr, ally moral, any social feting I theri must yea there were thee Ave ladies. feel on this occasion. He whe is Insensible bare, Mr.Massayas objected to the giving any evidence can have no notion beyond grOss self-interest. Cor. ,of wind happened on the 30th of September, he ruption must ha% e contaminated his very soul: h e, , catfast•theAleetaration was of Faster Term; and un can have no spark of manly independence In his be 4 less the Plaintiff could prove that the writ issued be- 1 sons. Are ou such men ? No. 1 know ante ere, fore, .not within six months, the time specified by not, and th erefore I trust that you will not be silentthe Act, within which time the action must be i on this occasion ; y ou will exhort, implore s anfrep,.l brought. treat, in terms , of loyalty awl affection, both Pencil Lord Euzzactaounfa.—The conversation with andl'erliaineet topriSserve the justice of the cciun- 1 try from Ming into obloquy and Contempt. To 'tell 1 that he must understand that the Mr. Roberts was on the 24th of February, and from ell house was then full , of lunatics; the condition of the house on the 30th you, Freeholders of Berkshire! that there is nod of September had also its relevancy, as showing its 1 in this a ff air hut a matrimonial squahble—a dom estic , character. dispute ; and that the Princess of Wails is °idyls tresFatoperson, is to hold forth to psis the laming" I .S. Smithson.—Some of the ladies had waistcoats •of folly and insult. There are public interests em. en ; all were treated as lunatics. When Dsfendant ' daugered by this grievous wound inflicted upon the was engaged, the ladies were secured. One was ' justice of the country, compardouble-waistcoated ; had her hands locked, and.was compared to which, the indi i iidual interests of the first personages in the kingt. ' tied to a very large chair. dem are as. nothing. Those public interests it is your I Lord ELLENBOROUGR. -- It must be supposed that dirty to adhere to solely, and to detach them in your 1 they were restrained in such away as it is necessary own minds, as-,well as in your public Resolutions, i such unfortunate persons should be. from all objects of private consideration.—l retell The The ATTORREY•GENVIAL said, he examined in &c. order to show that those ladies were improperly re "-Annuaire, June 4. ?IMO rHY TRUEMINN. strained, in consequence of the want of proper at. tendance. S. Smithson.—That was the case. Lord ELLENIOROGOR.—The question of cruelty ought not to be mixed with the present question, which was merely a civil action for the breach of an Act of Parliament. If any cruelty had been exer cised, it was the subject of a distinct Indictment. S. Smithson did not call afterwards at Defendant's, in conseqemice of a disagreement arising from her thinking that she had not been sufficiently reWarded for her attendance on the lady. The writ was then put in, dated March l', 1813. Mr. kl ARRTAT said, the appointment of Dr. Budd had not been read, so the entry in the book not be ing a record, his election must be proved: hl r. Roberts and Dr. Powell proved that Dr. Budd had exercised the office of Treasurer in several in stances. This evidence, together with the entry in the annals, Lord Ellenborought thought sufficient Mr. MARRYAT then objected that the suit was to be commenced in the name of the Treasurer, by or der of the President. The order of Sir F. Millman, the President, to commence the action, was proved by Mr. Roberts, who also proved that Sir F. Millman had acted as President, and his appointment Mss read out of the LAW INTELLIGENCE. COURT OF KINO's R-. wittigisrrea, Joni It BUDD V. T9ULICI, Tlit-kemnurne.G an AL gilt • that this action was brought by the Plaintiff, as Treasurer of the College of-Physicians, to recover a penalty of 5001. from the 'Defendant, for keeping, in her house, more than one Lunatic, she not having a licence from the • Commissioners appointed by the 14th Geo. 111. cap." 49. As the law now stood, with the exception of the great public charities, :to house could be kept for the reception of lunatics, without the guards established by that Act. They were under the Nu perintendance of the College of Physicians, liable to be visited by members of that learned body, appoint ed for that eurpose, and no lunatics could be re- ceived without the certificate from a physician. fie [ thought-the public even much indebted to the College, ter having commenc'd this action. It was their duty ,-to bring it ; and he did tint doubt but the Jury would he happy in enforcing this salutary Act by their ver ; diet. This action was not brought by a common in former, who was too ynerallya depraved and idle man, who merely brought an action for his private 1 advantage ; but it was brought by that Learned ! Body, kir the public good, anti the penalty would go to the funds of that body, and not to the emolument of any individual. It might be said, that the De fondant had not the means of paying so largeli pe. salty, bat so salutary a law ought not to become a dead letter, :sod it ohs at this period most necessary to enforce it, for he was sorry to say, that the keep ' ing of unlicensed houses for the reception of lona. tics had become quite a trade in the environs of the metropolis, and in them he feared that many persons were lotted up, who ought not. He had been told that a person at the head of oar public hospitals "mired the house, recommended the patients, and re• ceived the profits. No person could. lawfully -keep a house for the reception of lunatics, without it _.lie woeltlproer,, by a female wittiest,, had been called in to take care of a lady Lei lea ' sound mind, that three • unfortunate lunatics were couined in Defendant's house. And how were they ..itreated ? Not as in thegreat public institutions, sop petted by the band of charity, where those, unfortu nate beings were supplied with every comfort, com patible with their unfortunate situation ; but, as might be expected in a habitation, where the only object was to make as much money by their resi dence as possible, these three unfortunate ledies were fastened to a table with strait waistcoats upon them, unable to lift their hands to wipe their mouths,when ever the mistress was engaged is the business of her house, or whenever she might choose to go of to take the-air. How many unfortunate persons sought be placed in the same dreadful situation, it weelm possibleto say.. Unless the Jury would do their duty, in vain had the Legislature enacted the safeguard of visitorsin vain that Court graikt a writ of Habeas Corpas t —in vain was a certificate required, it any troubleteme relation might be dragged to Good these unliCensed houses, whiels, from being unknown, could ant be the object of any of those restraints. Mr. Roberts, Solicitor to the College, prodeeed the book of annals. and proved the hand-writing of Dv. Harvey, the Registrar, to the appointment of Plaintiff, as Treasurer. Dr. Powell, Secretary to the Cominiesionere for licensing houses for the reception of lunatics, 'proved that normal had bees `tatted to the Defiant book of annals. Mr. MARKYAT saki, it might be a question, who= Cher the action was brought against the proper per son ; but he rejoiced that this action had been brought, as it would notify to the public, that such an Act exists, for this was the first action,that had been brought upon it. lie therefore thought, that the public would be benefited, and the College deserved to be praised for bringing the action. That the pe oalty had been incurred, the,evidence of Mr. Ro berts had put beyond a doubt ; but the question was, who was the person to be sued? The person to be ailed was the person really keeping the house, and .the action would not lie against a servant, not even an upper servant. By the evidence 'of I. Smithson, it appeared, that Mr.bunstan was the owner. Lord ELLernsoaouott.—T.The Act, says, " If any person - shall, upon *ny pretence iAtatseitvev,. tint ceal, harbour, entertain, or tontine in any house;" should therefore hold, that any person having the management of such house was liable. Mr. MAlLRYAT.—Supposing that she was merely the servant of Dunstan, would she still be liable? Lord Eu.straottoocu did not say if she were merely the servant, but, if she had the management, he should hold her liable. - - Lord ELLENeottonon, inlis-charge to the Jury, declared, that this action was brought on a very wholesome statute; that the indigence of the of: fender had nothing to do with the case, as the law was 'positive, and unless the penalties were high, the law would be nugatbry. The advantages of the Act were apparent, for otherwise &person might be car ried Tway to a- mad-house, and be deprived of the ad= vantage of visitation ; for the house could not be 1 open to visitation, unless knowledge of such house were conveyed to the Commissioners, by means of a licence. The Jury bad no-right-to presume that any cruelly had been exercitsed, sad be hoped there bad not been any. Bet the law had aid, that any per.' sou concealing more thin one lunatic, should be', Habit to a penalty of 5011. It was, therefore,, the absolute duty of the College to bring the action, as it was the duty of him and. the Jury to giVe effect to the law. He bad looked with treat anxiety to see that the CMS wii Oka) tad N tkevOt It was far ptsved. 7 'l'"P.: THE STATIOdAIf• reign most or t e h et t. Mr. swore, that he went . Defmglant's Ills that the o t hone id Ivy • 'atom, tiftatof" St. Leo. ed; according to tide nerd, Sb - Oh the 24tie of leibitary, 1513 ; ve a (Jr. w. to mein he said nt that he believed she received she said shndid. lie asked if she had r ereign who holds atit loiseile ' return,. b , PA r ltrt TOPM ‘;: said she hid net t Ili she weld Anly * jggi never indite* lb 040140 6 • Shit ree L loughw only hereilf and'inaid to qweit W911A . , fer . ,(opel leek law i• asked If she thought` that She Ise had itiu Ii power should secht liege a vecansi; shd said she- thought n.* the power of aging to:, 40 Aboold. said be would call again * . 'O he &who' great dpi- 1 s4r of Mart he calked-again ; she recollected that can gratify Iris 1 and said she had no Vacancy. He asked how she them in return, is no i cinin to keep -such a.house without licence. • She to. do as a Reid man, I was much . confused, and said she could not i'ord meriting in justice to 1 toper for a licence, which was 1 01 .: he Said she trice to himself,—it is kbad incurred a penalty of 5001. end served her with rhp night of both Goo process : she said' she was not worth that sum, The Jury asked., whether thtl: m itigate !lad * Poweft the petialtyl Lord Er.t.annovountr told them, that the Legiii. Were had affixed the penalty, and that they Ind no -, power to mitigate it. • • ~, The Jury hesitating, hi s Lord%hip NM, that . n e t,. Cher they nor the Court, if it shouldle brougkt.he. fotp„iti bed any power to mitigate theje4vlty. 'Pha Jury d‘dnot know the facts of the ca 4, for tittli would recollect, that he prevented the COunaeloo' Plaintiff' frontgoing into matters of aggramion. The jury found a verdict for Midriff, for the pe, natty or $OOl. The filtrated allowance to innkeepers and other, of 2d. per day, for the eubsistence of non.‘ein u dj, ; • sioned officers. and eoldiers, takes ;dam on the 24th inst. when -they are to be allowed 10d. Doctor Navvy, who was wounded in the fetter* on Tuesday morning last, in a doe! with Mt., liqiitaitirow, was obliged to andero ampuistinno ' and in . unw in a fair way of. recovery. Mr. hi‘Bnaaatorr Meyer quitted hini since the unfortu. - ' nate meeting took place. On Friday afternoon a young . lady, most re ' spectaldy connected, was oficerved to throw herself into the Canal at Camberwell. Twolahotirers who wore *orking at a little distance irentedistely ran to the spot, and bruught her nut. They then con ducted-her to the residence of her relatin;is, which Was nearly adjoining, Where they wire-liberally re. warded. • The cause of this rash act is supposed to be a disappointment in her affections. The daughter of Mr. Parna. butcher, of Clare hilachej tliqd suddenly on Friday. Sh e h a d r iven in , Ai laming in good health, and wai &eki ng he r .. s e lf. wh o ., being suddenly attache& with a. giddi. tress in the head, she leaned forward upon a table, and expired without a groan. She was sixteen years of age. Monday last, Iti the Ccntrt of Justiciary, at burgh, John Macdonald and James frilliamon Mach, were tried for robbing and murdering Mr. Muir. head, of the Calton, • Edinburgh, on the evening of the 12th of May last s on the higlmay leading from Colt.bridge to Corstorphine. They were both found guilty, and sentenced to be executed on the 14th of July neat, and their bodies to be delivered to tit* i s rofessor of Anatomy, for dissection. Last week, Mr. Lowe, one of the constables of Birmingham, having ascertained that some premises in Freeman-street, were inhabited by people employ ed in coining, and forging bank-notes, proceeded with assistants to the house, which they found most strongly berricadoed. They at length succeeded )n forcing their way, when two men, who were within, immediately threw into the stoves a cmisiderable •quantity. of thin paper, blanks, dies, &e. The officers took six persons into custody, with various materials for coining and forging. UNtotf,TIALL.---Jueses Marsh, was brought up on Saturday, by Lockie, and examined before the Sit ting Magistrate, on an information, charging him with having aided and assisted Louis Vatables, Hy polite le Bertre, Reine Romain, and Dine Rene Salemen Dagigne, four French officers, prisnuers of war, who were at large on their parole, at Alresford, ,in Hampshire , to make their escape from this cowl ! try, at Leeds, in Kent, near Maidstone. A de " scription of the Prisoner's person had been lodged 1 with Lockie, sad he going into a public-house in Tottenham-court, by chance, saw the Prisoner there, l i Et id took him into custody. The Prisoner did not • deny the !truth of the charge, and requested the Ma gistrate to send him to some place of confinement its the Metropolis, where he might be near his friends. The Magistrate, however, committed him to Maid. stone Gaol, to take his trial at the next Assizes for Kent, in which county the offence was committed. A handful of wild carrot (which may be obtained from any gardener) in a quart of water re.tuc.'d to a pint, on taking half a pint for two successive days, will give certain relief, and sometimes effect a cure of that dreadful complaint, the gravel. .. A serpent, of a species supposed by Bryan Ed- I wards, in his History of Barbadoes, to have bees extinct for more than 100 years, was lately found l on the Island; it was 12 feet long, and two feet in ! girth, and had killed several head of cattle, by en , ' folding its body roand their throat, and suffocating them ; it displayed extraordinary sagacity, in elud ing search, never chusing a hiding place which had not several openings remote from each other, and from whence it usually escaped. Its powers of mobility were incredible, di‘tancing the swiftest dogs, and clearing, at a bound, a space of 14 feet. — Many of the negroes, from the sagacity, swiftness and courage displayed by the animal, considered it • as animated by an evil spirit, and began to regard it with veneration ; it was killed in the act of bringing ! forth its young, eight miles from the spot wit:re it was first seen 9 and where it had suffocated a • heifer. . Yesterday mo,nkig two lads of the names of Eyre and Bishop wore found senseless On a brick-kiln, ' beir,i,l4, - Naw-cut, St: George'i.fielai: The eldest df - thetwe was recovered from suffocation by medi cal assistance ; but the other was completely lifeless. "It is supposed that they had resorted to the kiln for saki of warmth, and having fallen asleep, they were suffocated by the fumes. . 1 We understand thatHainer, the celebrated Kentish slimier, is matched by Captain Barclay to perform 100 miles on Newmarket race course, in 18 hours, for BOOluiceas; to take plice in the meth of Sep. timber. • MARRIED. Os the 19Ib inst. tt Chinkford, William Witney 11_ 11 . E q . of Brighton, to Sarah, second daughter tsf Itobe;t 7 rothsture, I*. or White-hall, Chinhford, Essex. On the 12th inst. Mr. Herman Bodecter. of City-terrace , City-toad, to Miss Mary Still, of the same place. - tt Oa the 10th inst. the ker. W. T. Nagy, 11. M. ChePhtilt the Mem lion. Lord Gambier, to Aone, wood daughter of Mr. 1. Robinson, of Chariette-streot ritatoy-square. DIE • At his bone in Manebester.squans, William Besse GAP% FA.; of the Madras Civil Service, after linkeying soda " iitsfdi Mom. • Sunday, on his birth day. Mr. Richard Bannister, as a/11W neat bookseller in Bell-yard, Temple-bar. awed iQ ()tithe 10th inst. in Upper tluildford..tteet. Mr a t(aZ Dadwio, widow of rtli&r Godwin, late orthe FA* C panes tatablisbmeat, Iftmlsay. Oo the O gill Oh lost. suddenly. ' Vts , M. Failiwo. tie 9 * of Wm. Ilalmeo, FA. of Gre wt Pimple!! an lot Lai* IN 0 9 4111.4111.1. , . ~ tip.%t . P l '