The Statesman. — London, England, 1818-02-09 00:00:00

~p~ ~, , • NAVAL .1 NTF: L L IGEN; E. DIAL, .FEB. B.—Yesterday sailed the whole of the outward-bound, as per last, on their respective .voyages, except the Oompany's ship London sod Princess Athelkaltsdiamen, and the Vigiiant, Scholes, from Ztnte for Hull ; and to-day, at 10 A. M. sailed the. London, Crmphell, and Princess Amelia, Ralston, for Madras and China. At three P. M. the above two Indiamen drove back to the Downs and anchored, it being quite calm. • PORTSIIIOOTO, FEB. 8. —Yesterday sailed the La. tons, Denematt, for the Stroh Sea; and Kinnersley Castle transp..rt, for Yarmouth and Maim—To-day arrived the Maris, Toul, from London for St. Lucia. 1 3 .1.13101JT8, Fra 7.—Came in the City of Bour. &vex, —, from Plymouth to Reordering, leaky. TORBAY, FEB. 7.—Several of the outward-bound, last from Portsmouth, have put in here, and sailed 'again: the Mayflower, —, from Gibraltar to ilare, with a cargo of tea, cotton, indigo, km passed tip yesterday. .• WilrYOUTli, FEB. —`The Dove, Davis, of this .port, fVorn Sunderland, with _coals, sprung a leak in St. Albsu's Race, which gained so much on the Rum" that the Master was obliged to ran her 04 .shore about seven o'clock this morning, abopt four miles on this side of Loiworth, with sis feet water in *her hold. Wheu she took the ground, her channels were -even with the water's edge. Several pilot aid other •boats are gone to her assistance, and we'think, as the wind is from the E.N.E., and if it keep moderate, with great exertion she may be got of; ibiy are lightening her as fits as possible. • FALMOUTH, Ea& 6.—The Confidence, Thansim, from Waterford to Guernsey, which' was nearly lost in Gerran's Bry on the 4th inst. is arrived here, with loss of anchors anti cables, and some little damage to the hull, sails, and rigging. IlAKwtcu, FEW 7.—Arrived the Prince of Orange packet, with a Mail, from Holland. LIVERPOOL, Fee: 7.—The London Packet, Con. ningham, which was on shore near Formby, has been got off and into Dock. • STect.AwA Y. .1 AN. 2-I.—The brig Lord M'D•rttald, Kennedy, from Liverpool, with salt, has become . total wreck.--Tbe Norwegian ship Maria, Milthorpe, with 260 tour of stock•firh has been wrecked, at the west-end of the . Long Weed. Mr. Lawrence Dundas, second eon of the Member for York, was found dead on Parker's piece, a field close to the town of €smbridge, on Friday morning last. It appears that, from, the darkness of the night, be tell into the ditch which separates the field from tee public road, and that being unable to extricate himself, he died by omin-clemency of the weather. The British Tar, of London, from Sierra Leone, Captain John Pixie, wa , wrecked early in the mato- Jog of the 30th of Jsuuary, between Lymingtott and .Gracechurch, and every person on board perished.---: Fourteen bodies have, beets picked up, but it is sup- Posed' that • a cantidetabl• .Humber MOM wets on board. The Nelson coach from London to PortsMituth, was overturned shoot 152 o'clock on Friday night, at Cobham. Owing to the, extreme denalty of the fog Ott coach was driven on a han . k .on the dile of the road ; fortunately no lives were lost, although the coach was full, Inside end-out; four persons were tnuen hurt. NEWPORT, ISLE OF WIOUT. Fite. 5 —Yesterday was apprehended. at Portsmooth, Major Lockyier, and brought here t'is morning before the Coroner, Thomas Sewed, E q who committed him immediately to Winchester Jail to take his trial at the nett As. sizes. It will be recollected, that Major Lnrkyer killed Mr. John Sutton on the 10th December at litest COMM Major Lockyer and the two seconds absconded directly Mr. Sutton fell; and the day fol. lowing, Mr. liand, the second of Mr. Sulton,was ap. I prehended at Portsmouth by the constable of West Cowes. Major Lock vet. and NI r.Fterlesdale. bissec.ond, I had the address to 'deceive the otfic.r, and made their escape from hits ; and it was not till yesterday that Idajor Lockyer was taken, but Mr. Itedesdale is still at large. _ _ By the ancient custom the MASTER of the ROLLs is e n titl e d to Two Pipes of Wine, to be chosen by the King's Butler; therefore, whether his Honoer be. gins the duties of his office with good or bad spirits must depend on the taste of another mass. A reform here is expected, on the model of the present er. vangement, by F..rtene's Butler, Buns, which enables the Holders themselves (ot 'Three Blanks) to choose 12 pipes 0f the finest Port Wine in the kingdom, and In proportion for Shares, besides the Three Prizes of R 30,000, the 97 other Cspitals, 41:c. ire. in this Lottery, which begins the 4th oflilancst. 'PAINTER and SPLLING.—A deposit of 20 guineas a side was put down as Belcher's on Saturday night, between the above 'pugilists, to fight on the Ist of, April, within twenty.five miles of the metropolis. Scroggins, on being pressed by two of his old opponeuts, Dolly Smith and the Oilmen,stro Fri• day night last, agreed to meet them in the ring-= the former for 501. and the latter for 1001. aside. Saturday morning, after breakfasting with his fa. silly,. Ai r. painter and glazier, No. 24, ion. don.road, St. George's-fieltis, went into the work. shop, apparently in a composed state of osind.— Shortly afterwards one of the mess arrived, and on entering, he was shocked to find Isis•master lying on the floor with his brains blown out. The unfortunate saan had been for some time past io a desponding state. COllll EXCHANGE, Fan. 3.-4 small supply of Wheat this asornitg. at Frid.l)'s prices.—Onferinr Harley nearly unsalea ble ; prime samples Sio. per waiter higher than no Monday hot. —New Beath nod Grey Peat; 4 .14. per quarter dearer, and Oats 34. deilmr.—ln other ntliellN no aitertilimf. Wheat (English) .... 70 !:6 Grey Pros; • ..44 43 New ditto Ditto ( Foreign)" .... in ltis Ola do. .. - Aye 42 48 lick do.. ' .. 46 50 Barley .... ...... SO 51 ' Oats ............... .. 58 blew - ... -- i Fine do. .... • . ... '. .. Mali • .60 76 i Poland d0...1...- :.... 28 36 White-Peas ' - ' 40 46 • Feed do. New ditto..., lEtto Doilets .. 50 54 Seconds.. . •1MITIIPIEL1.) MARK F.T. Fes.t '''' ' • To .o: k the ;)flat, per stone of tilbs. Beef 3, 61 t. 4, lid. j Head of Cattle this 4err i Mutton .4s 61 n 6.• OA. Beasts _ J ..: Wei. - b. I) • I. 6- 6d. Ihee; and Lomas -14.0 m) Port .. 5s ,O.; .., 6. 0.1. Game* ..... ' 1.i() Lamb .- Os. 0.1 .Io 0 , 0.1 Pir.... . HAY-MARKET. Hay ci vet - 91111 W •••• P. lb. I* to 111. 124. IA; , . • . Two ant barrrid murders, doeNditted en Mr. Bird and his housekeeper, who resided in a house belonging to Mr. Bird, Mee 'the Mitre, Greenwich, were yesterday discovered. Mr. Bird , was far ad vanced in jinn, being near 70, sad has resided many years in the town of Greenwich, where he car sied on the besiefea of a tallow-chandler, in which he acquired sufficient property to enable him to retire from business, and lies epos his income, arising from houses and money in the funds. ilis wife died 'Nast two years ago, and since that time no person has resided with him bat his housekeeper. He was a most constant attendant at Greenwich Church, and was always in his place es soon as the service hew, acconspanad by his housekeeper. Yesterday morn. iug it was noticed by the beadle of the parish, end others, that they wet. nut in their seats in the church as usual. At the oenclusion of the service the beadle noticed the atiteamstance to some neighbours, and they hoeing remarked that the shutters of Mr. Bird's' boss. had not been opened at the usual time; nor weir at 'heathen (noon); the beadle and others "relit to Mr. Bird's house, knocked at the door and called, but receised no answer ; they, therefore, had no doubt that something dreadful had happened, and determined on forcing an entrance by tie. garden, at the back of the house. Oil their entrance into the passage, a Almost shocking spectacle presented The body of the housekeeper was ing on its face la It shocking state, her skull driven in and fractured in a most inhuman manner: the .borrid act bad been perpetrated by a blunt instru ment. Oa proceeding from this scene of horror, another equally horrible presented itself. in'a par lour adjoining the passage, the body of Mr. Lfird we, lying on its back, with his arms stretched, and his head more fractured than that of his housekeeper ; itivforeheed was driven in about an inch deep, and the sound as large as a crown-piece; theta, wounds bad also been inflicted with a large blunt instrument, supposed to be a bludgeon, employed by a power. ful man, who apparently must have been left handed. A candle was found in the passage close to the housekeeper, and it is supposed the murders were committed late on Saturday, or at least before ten o'clock, ea that was the hour Mr. Bird constantly went to bed. The housekeeper always hid the chain of the street.door tip when she answered a knock, and there being no doubt but that the murderer entered by that door, it is supposed that she most have been Induced to open it, under some false pretence, or be cause she knew the person, who, as soon as he gain ed admittance into the passage, knocked *down and inhumanly Murdered Iwr. It is SuppoSed that Mr. Bird was reading, and that in. his hearing the, attack upon his housekeeper in the passage, he left his lire-side to proceed to her assistance, as his body was found between the fire-place and the door of the room, with his spectacles near one hand, and a can dle close to the other. The horrid discovery created a very considerable degree of agitation era alarm In the town of Green wich doting the whole of yesterday. • Mr. Bicknell, the solicitor, sent off an express to the Public Office, Bow-street; and Adkins and La. vender, the Officers, arriving with all s possible speed, proceeded to esamine the premises, and to .endeavour to discover suspicious characters, but without finding any trace of the murderer. There is no doubt but the object of the attack was plunder. The keys of the drawers and boars had been procured, and it is supposed they were taken from the pockets of the deceased, as they were stain ed with blood., • It has not been ascertained of what property the premises hare been robbed. In a drawer which had soot been opened were founJ Bank-notes to the amennt of 311., which were ascertained to be the amount of a dividend he received at the Bank on the 9.oth of Janua►y last. The murderer also left four silver salts, several table and other spoons, and a sou? ladle. It is supposed the murderers did not take wearing tipper,' away. Mr. Smith, the Magistrate of that place, was in attendance nos the spot, to act with promptitude, in ease any suspected person was disrovered. On the dieadful and distressing intelligence being Communicated to Mr. Bird's son, he hastened to the house, when the overwhelming grief and distraction with which be was agitated on viewing the mangled body of his deceased father can be better imagined than described. Saturday afternoon, about three o'clock, a latl, apparently about 16 years of age, was stopped in Fleet-street, uear the shep of Messrs. De and . Wells, with a piece of woollen cloth, of consider. able value, which he had stolen from the above shop, when an officer was lent for, and he ass immediately conveyed to Giltspur.ssreet Compter. Th. twiy 'great satieNctien the plan adopted hi former 'batteries gave to persons residing in the 7 Coestry, ,hasinduct4 T. Milt, the Contractor, to repeat it in the- present ; and he hopes belts, as in a recent Lottery, arlectell some of Oa Capitals amongst those Numbers advertived --The under. mentioned Nembers 'may be had, either in whole Tickets, liaises, Quarters, Eighths, or Sisteentbi t at No. Q, 9ornhill 12,3.4 I 11.186 1 6.826 11.487 6.827 14.729 14.7 9.1 4.513 I 16.060 4.514 17,:53 11,200 1.71 19 .197 17.234 16,096 11,456 16,1 87 9.715 I 16,099 13,231 110.212 I 13,232 10,213 13,233 The folloaringNumbers may be had oil Tickers, Halves, Quarters, Eighths, of at No. 9, C raring-cruse 4 U. 3 2. 5 1 l7 233 1133,071 r 4.512 10,192 1 9.7)1 16,089 12.321 17,231 14,72; 10.211 13.231 I 6.815 16.090 11.159 6.328 11.489 10.215 13.233 I 6.612 4,513 17404 6,829 11,490 10,911 MARS 7,101 MAU ►0,1145 15,071 hpr in whole Siateruths, 6./450 4,511 10 1 l 9J 569 14.7V3 . _ The present Lottery contains Three Prises of P3o,ooo,—One Hundred Capitals, —all Sterling Minloy,-:-io Stock Pr,ises,—no Classes, —no re- drawing: The Drawing commences the 4th of March. PRESENT PRICE. Mk , i Half ("trier . 5 5 0 iSixteeitill *** Letters (pest paid) containing Bank Notes, or Posi-Olfice Orders, duly attended to. ' The last Lottery that contained Three Print of 230.000, Bios sold them all I and - lest tottery he a old Three Prises of £W 3 OOO, all far Shares. r,4751V1111N• N LAW INTP INTELLIGENGE. COURT OF CHANCERY. Fats 7. The Lord Chancellor came into Court ibis morn ing at 10 o'clock, accompanied by Si, John Leech, who. then ass publicly sworn into the office if Vice- Chancellor. Till LATE VICE-CHANCELLOR. Sir ARTHUR Plooorr observed, that be had last Saturday stated an application front Sir Thomas Ple mer, praying the Court to allow bias his Salary to the day when he resigned the Office of Vice-Chaucellor.l had be not resigned before the 10th of Janenry, his quarter's Salary would have been due, but as he re• wigned on the 7th, there • were three days to be ae. assearily deducted from the quarter. In sack a case, it was usual to refer to the Master to make oat en ' account of what thould, or should not be paid to him; but Sir Thomas Plumer had obtained a satisfac tory statement from an Accomptant in Chana.ry lane, and that individual bad accompanied his state •ment by an affidavit, on which he deckled, that the sum of 12091. 9s. 4d. was due to Sir Thomas Plume,. On this ground the present application was made to his Lordship, hoping that. thereby it would be unnecessary to go beforelhe Master. The LORD Cuptcsu.oa.—Were L to send:the case to the Master, be would only read the affidavit of this Accountant, therefore, you may take the order for the salary. cuointsrmg MARRIAGE. WADI V. SCH.I7/011. Sir ARTHUR PIGGOTT said, that this was an apPli. cation front Mr. Baseley to the Court respecting a settlement he wished tb be made. Ilis wife was the mother of two children, whom she hid born its con. finement, and she was likely its a few days to becon.e the mother of a third. She had chosen to share with him in his confinement for the contempt of Court, and as she had now attained the age of twenty-one. she considered herself entitled to the estates both entailed and freehold. lie was now very desirous to provide fur his family, and was willing to settio he properly. The. proposals of settlement had lately been submitted to an accountant, and they were !sow in Court, the parties hoping that his Larriship would honour them with' his approbation. The l'etition prayed his Lordship to take the proposals of seltie. rnent into his consideration act] deliver them front confinement. MrS. BaZeley was susious t• inform the Court, that she agreed to the settlement proposed by her husband, and hoped his Lordship would do the some. Loan CitAsetccon.—lland me up the proposals. Sir A. Picoorr.—My Lord, they have been pre. pared by Mr. Butler. The LORD CHANCELE.oIt.—This is the first applies. tion on this subject which has been made to me in Court, with the exception of those made privately, and which I cannot approve of. Unquestionably it is the bounden duty of the Court to take into consi deration what this. individual has suffered, what his conduit has been to Mrs. Bazeley, and the alteration which has taken place in Isis circumstances by the birth of two children. 0. , (11 the prospect of a titird beitor i at hand. If !.• _..surd a loog imprigaiment, but then that imprismonetst se. , at; , ttiP•i :f the purposes( doing justice to her as a Wiwi of tliaqicery, and Ws, of doing justice to the authority of Court. The mere circemstatico of the Conveyancer having made out this settlement, isnot in Itself suffi cient to satisfy me that justice has been done to the Court p • but when I say so, I must further add, that I Shall ['sok into that settlement myself, feeling it my duty to her as a Ward of Court. lam not satisfied with his saying in his application, that he will agree to a settlement being made for his family. What does he mean by the espression " his family !" Übe means to secure her property on thechiltlren he may have by her, I never can agree to that,for 111011 it en established rele of the Court, that the property of @Ward is te besecured to all her children, and not confined to the children of this or that pecoliar marriage. lam swstethat the probability of her marrying a second time is very remote, bat still, though that be the case, must not and cannot sacrifice the great principle on which this Court alwaysacts, and which I have just stated.—l can assure Mr. Bazeley that it is no fancy of my own, when I speak of pro Siding for a future marriage, because I don't find that the principle of ploviding for all the children of a Ward ha, ever heat overlooked by the Court, and they must be very ill advised, indeed, if they veil nu me to break through that rule. lam sure I have no feeling of resentment against him, nor, indeed, should such a feeling ever for a single moment he suffored to weigh on the mind of a Court ; but I am itidi4pensibly ob KM to abide by what I know to be the uniform and outlier ed practice of the Court. Sir AUTJUIt PIGGOTT auhmitte.d to his Lordship, whether the Solicitor might not mention these uh. seminal' to the parties, awl the result be stated to the Court on Tuesday morning. The LORD CIIANCELLOIL—Perhaps ho.had better come to me its my room on Monday morning, before Igo into the House of Lords. lam confident no Misrepresentation of what hat passed:here will take place, and I shall be glad to ace whet can possibly be done. COURT OF KING'S I?NCR. Fes. 7• TUE RING V. ARTHUR TIII•TLEWoOn. This zooming, before the cotheit!o),Fecneet of the further arguments on the important case of Appeal, the Attorney-General entered the Court, said gook his usual seat. Soon after Lord Sidmouth was seated on the Beach ; sod on Lord Ellenborough coming into Cowl, The Atroartsv-Gurcw.st. proceeded to exhibit articles of the peace, on the part of Lord Sidmouth, against Arthur Thiatlewood, for sending to his Lord ship a letter, containing a challenge to fight. The Attorney-General said, " It is necessary I should state, the some time ago Arthu► Thistlewood as in custody ifs the Tower upon a charge of High Treason, and whilst he was in custody, my Lord Sidmooth re ceived a letter from him. That letter, therefore, he believes to have come from him, and the article states, that it was the same hand writing as the present.—Be has also received several other letters, and he verily believes that the letter in question was sent by hint, and he verily When it to be the hand-writing of Arthur Thistlesrood. Lwlll read to year Lordships the letter in gnestion ; it Is addressed to Lord Sid tqoullaj sad it rtes received on the 3d February ) the day it bears date. It is dated Iroatr IS 40, Soohop e _ street, aare•asarket." No. limos of the loco; which his Lordship has rectited truth Isis p•••4ii since bit discharge, bear date from the eagle pampa— This letter is iii these terms •' hit PAU, Haab% addressed e ttipeetaiiiy, with a vie* to prora t e r e dr e s s tor th e iajories I have received frays yea. as Secretary of hate, *ad nsylipplications treating an answer, las es .pelleti to webs redress in eau! aer "sooner. I diet% fore deemed that satisfaction whieb..t, Au tqj.oed man. lam raided to reteive at year heads. I lease sit • cooler of wort or pistol to your Lordship, and piste As tit time I shill 'dent of no delay, and as immediate answer is es coeds "Sao, say Lord. tic. " AR fifIJA TiIibTLEWOOI)." i t ht ATTOSKIY•GENhitAL 'ben moved that iheis illicit.' ` bibbed, *Welt 'still be verified by tbd 'afllda Ise. sp..kew of. er "Mr. Ao iltir then read the document whieb *St hoodtbd to b Se the following effe.t :=— Ix was 4 lCriz t ih- 4 1C11.61 OF IMO PILIICS. —Exhibited hy th e it lsle Heart Lord Stdistuute slue at Ids Majesty's at 'led ,iecretec ) of State for the Ho . e lie puniness, film Thistle's:end, of §taoltopovtreet, Cilitellatkri. A gis *lid,.tbe said •Itidlegoaaerable Lord libtatneds states sue he dint out eabibit these artiele• treat any. malice at ill-will to• wards the said Arthur Th61144%4%4, bat fur the pint- csiun of berst‘elf featittedilj isrj_dry. That iiflbe Mahal of April last the abovewansal 'Amber ihistlewood IVO* COMoolled to the Toner td.Sorsirn ow a ch orgy of High 'Cresson, nott &aim the time Wine in 'the Tower as aforesaid; hr receive.... letter sigued 0 iiither TWlthieweiod." which he eerily tended me mid ether -fitialewood mat to dim I and since the said Arthur Thistlewood has bees discharged (iota the Tower. be has red attired several keen, &tied from Stantiope.street, O A . v market, which be believes to '.e aii.of the ..aate stead- vrri lug I and that Mi the Si of February he remised a cer iota letter, direeted to him at his home at Cliff .respiace,• which Iva- in the seine bead writing as the for. •er letters he had received from the said Arthur . Thisile‘sood, nod whirls he vatic believes wag sons to this detainees h... the said Arthur '1 iti.ikw u• d 1 which letter is us the tenor and L.ficrroitmririe. clod Is .0 iiv," AP [Here 1111th ankles- tet forth the ahove setiet. read by the • otos ney iienet.d.] .• And thi, esaatinitor,hrlieves that the said last meias Oclnell letter conveys a thullen t ie to promo L., :sod e 'tette this examinant to a breach of the In:lee. '1'1.14 CX:I4.: .4!11 f.oreier sweat- that be leaf had . interenti;se or ef lIVIM Unica, ~,,, * joy the void Arthur Thi...,,en.lott, except in his cit..ractertof one of Its ~. Majesty . .I Priu;ipal hecretat .es ..r.5...- .; nor does In• know till. otto•-r person of she name of Arthur Tilitl IC si .k.rli -.lc,* the ntoresaid Atthur Tiiistiewand :.hove-mentioned $ and t , u , ex . amid silt verily I.elieves that the mid A rtit r Thet4:o-vt.;(l ...e11c5:..4 cs:..4 .444 in 'toe : , I hiss, some gr.... bodily Intro. and he is 1101 I, t! feert to exhibit ;Lear arti4e. (rota any ntasice Is. ill Wu , WI! fur 1! r s ot , eriae.on of his life or person frtnit violence Nhich sic apple:mods froo. the wad Arthur liiistleuttod." . Air. I;,taLow (to liniti :31(1111ra/I ii). —.- 64 Aly I. ;e:. s!,, yon pray these artirle'i to be exhibited not from me!iee or ill.slll ?" Lord St 1,31011T11•••-•-" I do."' Mr. BAuLuw•—" And for the preservation 01 rut life and poili , ii from danger ?" Lord Siostottn•—•'•l do." • • • . .. Here the afli , livit of Rose. Rattail, tr , ,,. .:,s :-,,ri, in a hich he certified (her the' hand. a I,liii:. . f . 1 .•! letter in question was the Itatiti•nritiog uf A. Il§vi Thlstlewood: . is „ Lord ELLENuitsitouCtt.-14440these%a Hides be filed. [ln Consequence df the hbove pi iicerditig, the tip. *fogs of the Coart ;ore ioiniediaieiy ilispatcbod sal apprehend the Defendant.) .. .. ... AIIIPORD D. 211ORNTO/4.. The el-gement itt.this case was resumed, 'and Mr. TINDALL au heard ou.the .pats of .the Defend's'', who, he contended, was.now entitled , tope the facts of the case, to kis wager of betkleoisides,. as be peraneded ha r alsais te eipte,pi 4%. should he. convince their Lerdeblps that the Appestat. was en. it led to take nntbiog by his proceedings, and that the D. , fendent was entitled to go freemithoet bail. De *head not feta necessary to follow his Leerned Friend through the foreign authorities which he yesterday cited, batcoetent himself with citing au thorities from oar own year books .and authorities. In the course of the argutnenti he shoed bare to contend—lst, That the right to &meld trial by battle was esclushely the Defendant's ; 241 y, That the present Defendant was entitled to that plea, and that the counter.plea of the Appellant did not at all answer the Defendant's plea ; 3dly, If it did,, that the Defendant's replication fully answered tho counter.pfea ; and 4thly, That on all the farts, the Defendant was entitled to his discharge without Wail. The Learned Counsel continued with .re.. specs to the first point, namely, that the tight of claiming wager of battle was entirely with the De. Pendant. 11. 'hoed submit that the origin of wager of Wilde was Norman and not Saxon, inasmuch as no mention was made of it in.any collective of Saxon I. The first book in which be had been able to find any mention of it was in a work entitled The Us, lause of Normandy, and in that work the right of %tiger of battle was given exclusively to the fondant. . The next bork on the subject was Glen. aillc; he wrote in the reign of henry II.; he was not so positive, indeed, iu his declaration that the right w. , s esclusively 'the Defendanee, bet he said, if the Defdidant throughout denied the charge, then ho was to have : wager of battle. Branton, who fol. lowed neat, and who wrote more largely, and laid down his.opinions es . correctly as any of our ancient writers, said positively that the tight of demanding wager of battle was with the Defendant. Brenton sod Flea followed Britcton, mod both copied him. Su did Staenforth, eh° wrote in the reign or Kdward ' VI.; and lastly, Lord Coke, in his 2/1 Instituter, it. 274, said, in eppeal for murder, the Defendant 716 dinemod hie *agar, of battle against his accuser. aving thes skown the right of the Defendant, be tad, 2dly, to ihtiw that thew was nothing set forth •in the creep-plea of the'Plaintiff to oust him of that right.. Fiteberbert, in his book under the title of Garonne, sap, a Defendant cannot be deprir. ed of his wage; of battle but by something nu record being called in aid by the Plaintiff, or by incontrovertible proof of guilt ; in p. 125, on• der the same title, a case was stated, its which a per son appealed of robbery claimed his wager of battle; the Plaintiff answered tbat.be was a: citizen of Lon. don, and by Charter exempt front duel. This 'exemption appeared on record in the City's Charter. In the same work, p. 230, it was laid down, that in ripped of rubbery, the producing is .Court by the Plaintiff of the ominous. at thing stolen, was gtoond for depriving the Defendant of id 4 wager of battle.— in " Brook's Abridgment," 7th usury IV. this doc trine was still laid down stringer;_ for it was there stated, that to deprive a Defendant otitis wager of bet. tie, it was necessary that the dlainoueshoold be p r o. duced before the Judges in Coati; and in that case.tho Judges would refuse bids his weekr of battle, and pet him upon his country. Brook mentioned one can t in which setae appealed of robbery claimed his wager of ins tle.The thing stolen was money ; the Plaintiff denied wager of battle, and produced 20 peace, Aland in. Defendant's pens vateu be fee take% as the - N .1 ;.i ,fr ~•f~ 4 1 )