The British Press; or, Morning Literary Advertiser. — London, England, 1824-11-24 00:00:00

fin:~: To illp: tmirou !,l•'-"Ill:' BRITISH PRESS. On. EDITOR, In th!.• ,:ay4ivr , cu SUL io•N wrote Lis abniralle fare, of the and gave, in the character of Al; so excellent a sketch of the iwactitioners in panegyric, the art appears t r haver sided in a state of perfection, com pared with its p assent degeneracy. Adulation was then bestowed, u now, wince it w: s liot liclerirell; but it was Brittthlett with more tart, and nut poured out so clumsily and w ith such covet. yratitsiote lIS it is in these our tint a. allude, Sir, twit-- partirtearly to the tfallp prey", in which din departure forn all ilecorain is exemplified to a degree that is quite remarkalile. It soy newspaper is notoriously doll, and its 1.3:Z.11 iiit . .l.!rt• and uninteresting, it is sure to ".IPlod Cosa'. A \ T Ito t:" a "" that praises its " amusing columns," and the apiid and originally with whirls it liainll:s all IC, io tr Ailing any public topic, it confines all its arguments to one the qui stion, Wine • .%111. I 11. lv . Ver I 4114 10 00e3;rahillate its rooters on the view of the ease," which is to be found in Mi., as ill very lllher instance, in its " widely citculatid 3011111A1." Whutt 2 111111 ssia dOWII to write to honscif. he is • w eter sl:ine in description. nut really, Sir, this practice is irri. d his come of your contemporaries to so eaves". that I: T M!. Millennia. I would select, among a 12:02 of illostrafo.lls tic.l might he produced, those which of Mr. Psi - N rt. cans.. not because it ex emplili,s it mon. strongly than any other, but because it liapros to Is•, at this moment, the prevailing topic of pub lie interest. - 1 he 7'ilfirc, after having inserted, for "pomp' pra w'," th- moat atrocious libel. on this unfortunate i ndividual that sir llH:r,t - t.41 the public press, OJ4 teller 11, it'd 1, hvgiliffit:t thus: — "TO TILE EDITOR OF THE TIME.I. Si p --I (41:1;;;;I:et .... ,mf Nfaibms so) liberally iii.lulged in by J.INI Nab. agriii.t eha.seti•rs which, for slight I know, mar b c , r reproachlhle, iloc. surprise me in this " thinking country," to so we ere io call it. yo., 'stool # • le Might be eariellii, •Il NOS OUll• ISI IC tat Era tow" !! he. &c. - - - - very !Obi Which appeamil the day after that moat uut hguant W., I bt.us and in which tract., drawn by Ls the sani- 11,1,1,1, Mr. FA I: Wilt: ROT is basely atfirnted to IK " a gambler, an adulterer, and a swindler," begins thus— " )111. FAI'NTI.EItItY, " I rnais a Carreapinitent.) " A sinerre oft to the r aw ,. anti .An admires Me alma isdp,niest, r0.41.r05 , . lsd SPXr rat:Litton exhibits an swat erram•lnt. both in indairs and plurals, cant.ut but (spores his mu. rise": ! A:. Tills, aben ue rtHeet on the shameful conduct of the mean and nit rovary Juurnal towards Mr. rausrt.sanY, heroines so portly th4gnsting, that it MKS to be ridicti bag. Th. /Prot!, without any direct lutention to do evil to the unhappy mats to %limit we are alluding, but merely how that i e .t:oratit avidity which admits any sort of trash ou any sulj. et that chances to be uppermost, gives the public a lota, professing to he written by his son, •• 'lass% F•es..l testis.," which no person of ordinary ,li bo lioiwat could have hero imposwil upon to receive as genuine, and which was calrulati d from its language and t•nor most ii.scoCally to injure him ; in the same spirit of ,'surd itivottakt,-t.y, it gave at full length the two letters in in the wife of Mr. Fatioilerey, while in its very same c,lionns it reproached the Cho-mirk for its want ,g• haPisis say, ihsrt Mem, especially when received through inch a 631111.1 as :he (A-Shrill,. PA Ra I NS. Yet, in the he, of all this. that p,a,af enlighterril journalist, with a that is quite exemplary, add him thus-- -10 Liwron 017 THE MORNING HERALD. 1 . 11111 the 1.1•11411.11 of Mr. Faumleroy should 'acne • rand and dr p interest, i• not only natural, hut even the inves tor 4114 do. CM' 1111 l stnores of Ili% Carat Z but that You es should b• ti 1: fluty it lI.Y eter.a which treats him with hoimrimity, era with rent ttttt n iu.irurliahty , is slimly as rap 'We l ded as it ! ! Sr. Sy. In the room. of this epistle, which is really a prime simple of the pliantly 'hod title, .tr. Fatititleroy is ee..silowl as " is g. 'Wyman who for thirty years had met wail laulainat but stiailaN, and kindness, and onifideric ~ r.. 1 etet nal afreti,m !! I" When Ilia NON . ' ever vat any acnta.sleg more sublime than this? Tia. t Parabide. although it bad interceded so further 00 I.l,iii MI. F A,' • ri. i aul, than to publish the letters :arose boded to, with lb woven, years before by Mrs. Fauntleroy, tuba husbawl, and which troop a sense of justice towards /„,,,. in , viii ;,• liana au honourable feeling towards her, he ought, al sncti a el Lai, to have thrown in the face of the ri.slictill l' A .i k I •N. imtelii of giving th.in to the public ; set, d.tmaiiiied not to he Ire) ' I-!land while all these elf c.,sgratuti;i,ns are ruing forward, frisks in with his aik.gpie. la an I ri•tle Wili li hvgi us thus :-- "T4l THE I:9I • , (PK (He THE 3101ININC; sit.- The . ri it repiisi that 1 tidy enjoy, i. a cursory i•rcr thr i. 1.1.1111, 4,i ,oar awful and irIIITIIIiNg lona wig, shah r hreslXist'• this floes Opt, it wren., take his veryfirft , e§ • till ark. lir , •• i. sit !literately !striated, genrrany 6 11.1 no rS lrrnrn.rl frofr'...//it.U. on finding you the staunch nJ ~~'r:w.6iiiervihil policy , both in !incase and public st.% s I r inii . ,e toe the mtGmunate FAU Ii T Li tor, s '1.1,11 , 1( ill yd.,' ChatraCkr, " &c. /tr. The I though he rides the •• old troop horse," 4,r into 111, tirld of glory in as gallant a style as the best r , srnt • nul II ; the ttauh•titiou SeeMS to be, which ►hall he cannot niudil big contempt). LI, he r. t give, us a s•oopoe that shows that he is not 'Aar to he outdone. " l lh, that the *mull noire ni reason" '• which runs lhrnrr••h Mr mar of !suntan .2 are in the br,..ot of nit,' who is more of a sinner than a 'l'll, could vet ,ir,rse 11. r tin.liet ire arm of English, just:ee, •!. ale too (ate. th.n iteleed, I should feel happy," /1 . of l'hue, /agt, , I will n.st trels:pos Moller on your l'alar, Sir, than to 0 - 1 , that every slay colitis ma my conviction of the truth mothe of out poets, 1 forget which, Las ra n:A.ll that -- " I:AGur's wig are filmier! for Right, A Gootr ierlash trifle—to wife." I am Sir, your must obedient servant, HARLEQUIN. Covernownt are altolit to estatilish a resident Pollee Ms :tem,. in the Stacordsliire potteries, with a salary of 1,. '0 1 . I'h' dhoti , ' ha' a population of 70,000. L.: following ill iH.i.iii has be , li made in the Court of C '''''''n Pleas, New 1 . ..rk : --" That the owners of a slip *le 441 , 1 r fur ilamag,e sustained by owner. of goods on !r - Fla, from any other cause than those excepted in the L:: 1 0i . laling, say the clangers of the wu, meaning, as ca l:4'l 1 1 the Cum', the acts of God and the dangers .1 1 14°l 'll'irs." The suit was brought to recover amount of . " 13 Fe snosined isi a parcel of furs shipped at New IHvin fisting port, arid partially eaten by rats. The Court ''.. :'ltkit the 'minis of the ship, as common carriers, ..-i.ligbir, 2,0 a verdict was given accordingly. Reliee ,' Ow awn,ra and captains of vessels are not generally cl!i cslulv aware of the application of this law, this notice ' 05.11 that proper precautions may be to guard -.. • no more ...Tian, rons , ainenees.—Ghisgi.to (courier. t ' '''''''W COT lON MA2 li ET, Nov. 9,t.--11'e have li ', l 304 ikeeinil for Totten this week, and alt seajnre '.'• to It. iii 4,113.! 11142112'e%, has 6311 obtain. d 011 the N . ' lg . last week. The sales amounted to 1,719 hales, ' 1 ! ••• . ..1 24 follow,: -S,.a fitinils 97, 'Ail. fair, Ififtl. ,"'• l air, and I Nl. ga.al ; 1)1. Staiiii•il 4t. 11.1. fair, to ?ii- ii. Oil fair ; Rowell, :;62. sill. middling, mi.' . iitilillillg, ' '.l, !. gaoa fair ; New Orleans 47/, Mill ordinary, 91d. n '''''!:"lg fair, 111:01. ge•sl fair ; Mobile 79, Oil. to tlitl• • 'l. 11 araitlianw 50, 110. g•ssl ; Demetarat, &e. /97, '.' 17!, I ,T, toil. Middling, 110. 1111illnillg fair, Mil. .. I "'t: I. •vo..iti ;3, 1041. gout! fair, and Ile!. 10" ; I . 11 s •:•ti, mid. iiiidillin4 fair, lo 9.1. fair; Surat i t, a.!. lotilltiott.—No mien tae . •• ,, N r A X II SIN.:t*I.A 2 P:tISINTATION.-lAle!y. s..a.••.•atletinin was drivii et hi s g i g past t h e .Irerile, at 1 .. .! alistm, his a!tentiatt being suddenly ilireetol to al: , . the foot-patli. Ilia lownit threw down a very in :.6:ny girl, Ili, (Isar liter of t;ener.il I).trhtig. and liefare :,,.iiier w,ii :twit,: of aIIV occident, the wheel hail !Levied ~ . l 4 i • , lit i, l'a back. •I'lio g't; immediately Mopped. and I 01iiii v, ilirvetor of the llas Works, who wasp a iiir 'l e IL- 11 ,"'" * .lit , caught the child in his arms anal earri,d . 1 t,. IN: %Int of Mr. Nlona, ellyntint, by wi the .11‘.2riltrclit ITICatIS were adapted for &Knifing raja to the : .. mat ,i ii.ia I,aiii. ilia le v na.eriiiiiiril that no mato ...;:iJ.:,:n) is... I.ll,tiiia,l. Ili! litlil, alibiing:. exeeetlingly , ~,. ::: , °_ltt the . r.i:,:-.1 . ...an the ground, 'lid not after _ , t., F... 111 01 viticli pain eseept in the Leal, whi,:h v e II•th: have struck with siulutice. TO THE E DITOR OF THE BRITISH PRESS.: Sin,--As yon have taken so able and so derided a part in the ease of Mr. Faun ilemy, and as at tench discussion has taken place in various parts of the kingdom on the pro priety of endeavouring to ul:tain the limey 0:* the Crown on behalf of that unfortunate man, oil will, I hope, allow me apace iu your valuable columns for the following re marks. The petition to the King, to sore the life of Mr. FoaaUrrv.ry, was rent down to Liverpool, and was laid in the public room, in the Exchange, for signatures. The above-mentioned room is certainly a place of publL resort, lint of merchants only, ■nd those exclusively who are ahareholders and subsc•ribe•rs to the room. There I saw it, and Ih••re I signed it ; but I think I am justified in say ing, that the place so elnwen was not the most proper one to obtain the signatures of the public ; all other petitions are placed in booksellers' shops, news-rooms, and places of public notoriety. Ilad this petition been thus placed. no doubt lint it would hare rca•ivcd the sigtatures of many more individuals. Although I am at the same tune well aware that the general feeling here is not stmng m favour of Mr. F., yet I cannot help thinking, that had hilt case been better explained to the public—elucidated as it has peen by your statements and reasonings upon the lists which have voile out since the trial, the petitioners to the Fountain of Merry on his behalf would have Men more numerous, and the feeling of the public would have been much tour: favourable toward,' him. I will, howev• r, with your permission, state my moons for alibiing my signature to the petition, which, I must again oteerve, as I fear the prayer of it was but little rend, go. s only fo sore Mr. Fountlrroys and lint to solicit his pardon, or even itiiiiiigation of severe punishment. . . .. In the first place, Sir, I bald it wrong I to take 111 , • life of a fellow-creature, for any depredation whatever that he may cominit on prop. rty : lire Ar life may be just retribu tion ; but. abort of murder, the puniulinwist of death should nut be inflicted by ',meta!' on their fellow-man. It is nut my intention to arraign here the justice of our Criminal Code; hut. with our daily experience, I may he allow,d to doubt if the punishment of death is the most to be dreaded by a criminal. In the instance of Mr. Fauntlcrov, his family and friends, who are ianocent, will he the sufferers by his undergoing an ignominious death; his sufferings will soon cease ! but the stigma of such a termination to his life will ever attach to those who hold his memory dear—ilk relativcs and his friends: let those who doubt that he possessor such, and many of than, read his trial. I know that 1 shall be told, that in the event of his transportation or 111 l nent, the friends of Mr. F. must suffer 31111 sorrow for his fate. I grant it; but not the poignant anguish t h e art-rending honor, conse quent on a public execution: hence, Sir, as I do not wish the i 111 l meta to suffer with the guilty, I signed the petition. . . . . . . I admit Mr. Fatttleroy's crime to be great; I admit that the barriers which the laws have erected for the pro tection of public credit sl Id not be brokers down on slight pretences, and fur dim. reasons I would have in flicted a severe and lasting lllll ishment ; such as would, by its effects, deter others from the cointnisaion of such a crime, and not such as would be transient itt its effect, though etuel in its operation, and fall with severity only on those of Iris connections who survive him, and who, to the latest hour of their existence, must reflect with horror on his unhappy and untimely I shall hue told that the laws of England know no dis tinction at to the punishment of delinquents, of whatever rank they hold in society, and that it would be wrong to rave Mr. ratintleroy, while the poor man who forges a one pound note million fur his crime. I re,ml,l site Mem and I would raeriset Mem I , oM. I have heard, and I shall liar again, that if " Mr. Fauntleroy is saved, Dr. I held was murdered." I ask, is the murder of Dr. Dodd justified or 'towel for by theta( Mr. Fauna:Toy ? 1 am old enough, Sir, to remember that the sum,e language was used with rogarel to the unfortunate Divine; it was then said—" If Dr. Dodd is saved the Perreaus were murdered." Are we thus to shut the gates of merry on mankind, to go on in the train of drxtruc.ive errots because one has been co.nmitted? Surely this is not an age when such argu molts eau have any weight. 1,..t us rather hope that the reign of our beloved Sovereign t leurge th e Fourth m a y b e hailwd as the bright ern --tlie dawn of meter. I do not know, Sir, that the olcree of criminality which atta, hes to the conduct of Mr. Fauntleroy, as it regards his molly, a, would have been sufficient to have induced me to sign a petition for his life ; but his sufferings, from the unwarrantable :mil disgraceful way in which his character has been assailed by the shameless part ui the public press, must have been to Lim most et uel in its effects, and ought to iodine our hearts to pity. Ile Los been held up to the public as an extravagant reun.raclas h rnlligat. , ill moral as a man. dangerous as a member of society, and above all, a gambler ; it was stated also, that his crimes hail been eumnoittial to support these viciolt habits—that he alone la milted by his depredations on the property of others : whereas, it 1111 W clearly ap pears, that lois character, excel g only the great crime of which 110 is now convicted, la 111 l imp..achable and union peached ; that his endeavours have I. en, however wrong fully, din it, it to the support of the falling fortunes of his house, and that he himself' was least of all benefited by the ri Ault of his crimes. The public, Sir, having once I.^en led into an error by false representations such as those, respeeting tin. character or conduct of au individual, are 1101 easily IFfetleil into the once forsaken path of recti tude of julignit•in • but before we condemn, we ought to pause in justice and in mercy. The feelings of those who can consider the ease of Mr. I"sunt!eroy without outgoes sMn, I cannot envy. I, ant, Sir, Your obedient humble Servant, Liverpool, Nov. 29, IS2t. X. Thu: FIGII7' 11E1 WEE .VON AND JOSH 111.'11.SY1.V. loVarTnek was yesterday the seem of action, and such was the interest excited, not only in that town, but in London, that the latter place, so far as regarded the lovers of the menet., was completely deserted. THE rilarr. The morning was propitious. Cannon at an early hour was on the spot. Every vehicle was in requisition, and the rim; having ken formed. the men set-to.—(From the lateness of the hour at which our calmss arrived, we are under the necessity of confining ourselves to a mere record of the issue Of the content.)-4!annon took the lead, and in twenty minutes had completely beaten his opponent. Josh, who once had the name ut king an invincible, found in Cannon an iron-moulded opponent, who put him at defiance, and he reluctantly resigned. Dick Curtis and Aaron were present ; but, to use the technicality of the P. R., it was so Ko. Aaron received the lot)!., and his friends, the peop:rs, were much in the Am t .,. How far the present is., iv, may operate with the atrunisers of the ring, time will show. It is a singular fail. that the first naile giviety that ever existed, was established by twine Rowan Catholic Pretatta in France, in 17;3. Inlonn.ition was receiverl at office, in the Colll'Se of ye,tcrday, that M•i• - &caret ibtirp, a servant girl ill the employment of Mrs. Boys, 01 No. 4 .!1. I►cau-dart. Smithwarli, abscond:A front her aerciee on soodav n o on. while the family were gone to clitirch,liaringroblied the linos• of a considerable go: unity el.ithes, besides the antis of money : One . ..NO. flank of England note, two tol. ditto. iv:OM. ditto. forty lillVerCi,Tll9,, (01111CC11 guirwieb and a hill of exchrte;t. for sl. I ;s., duc the lith of .I.inuary 11,3' s l.ilr in London, of Smordly, Noreinh•r 117, will contain the b ,'t aerount of the Fight si ‘Varr.ick, between Ihu b..nl tool t'. . (It will be kept on sad.•, at th,•( 'th ee . i n the Stra•ul, London, for tltret• days •titer the 27th inst.) /t e ll', I.on,!nn, and .\ l ., .•i,,.• e with the news uC .he week, a rich Itcpositot y of fr, oi j oii, Wit, atid iiuntuur, and the interesting iueidonts of Real Life. th • vier of which is Seren-pones, is a full-sized %Verlily Newspaper, published in London every aftertioon, ill tiii.e for that Post, by whirls it 111 AV reveircil in ally vat of the country, within 011 C 1111101/ I. CII 11114 , :011.011d.01, LW the Sunday Inornitt.z.-- I /niers attended to b•: all the 1. widon mid Country NewT* l ,, : , •1 1 1'1`;, and l'estniA:ters ; also by MAsts. `;oath, NJ. 19i, Strand, lithlon. THE BRITISH PRESS: MR. FAIINTLERO r. Yesterday the argument on the cue of Mr. Fauntleroy's conviction, was heard before the Twelve Judges, at the t:reat Room, Sessions House, Westminster. *I great was the anxiety both on the part of the Bar and of the Public to pi admittance, that long before twelve o'clock all the avenues to the room were crowded. At twelve the Judges took their seats, and in a few woods the apace allotted to Counsel and the public, was crammed to suffocation. So intense was the heat, that all the windows were obliged to be opened, and so closely was every one pressed upon by his immediate neighbours, that the use of one's hands was almost wholly denied to hie. As soon as the bus and bustle of the rush hail subsided, Mr. Iterinentes said, he appeared before their lenelehipe to argue, that the conviction had in the case of the King v. Famine toy, woe not sustaieable, and that upoxitinde which it would rothwith be his duty to state. My l awda, the indictment upon ',loch Mr. latintlemy was tried, reenact' of eleven counts. The In ennui was for forging a deed, and was (Mined upon the lien 11. c. 21e, and 31, lit o. 11. c. 22, s. 711. The 2d charged him with the taperer of uttering and pub lishing as true, a forged deed, knowing the same to be forged, and was framed upon the same Statutes. The lit taunt was founded upon the 4roli lien. 111. c. II)., and charged the prisoner with offering, disporting of, and milting away, a forged deed, knowing the same to be forged The instrument set nut in these three counts, wee a Letter or Power of ,ittorney, foe the transfer of 3,110•1. 3 per Corti. Annuities, and pur ported where been signed, sealed, sad delivered, by Frage:es Young. the offences were charged to have been committed with the inten. tion of defreuding the Governor aril Company of the Bank of England. The. 4th, 4th, and Rth counts were medlar. only eharg. leg I • with an intent to defraud Frances Young. The 7th, and XII), were also 'tar, only charging him with an intent to de fraud one —. The 111th and 11th muses were framed upon the lith Gro. I. c. 22, and the 31st lien, 11. e. 22. a. 73, and charged the °Mtre of forging a letter of attorney, lite. Thu verdict eructed by the Jury was, " Guilty . of utterirr e i tt lerygl i cer of attorney, knowing It to be forged. ' This only t• the Id, 5111, &MI Nth counts of the indielfrient. Itrgibteittal that ledg. , meat of death ought not to hoe been ileshM upon the because ',either by common law nor by any statute, le the art uttering a forged lento or power of attorney COT the transfer of any share in the Public Funds and Stocks,. Maas *capital ofret.re. It is quite certain that no Statute extends to the case of knowingly uttering a forged letter of attorney m rionairee„ tin the transfer or stork. Bet it is contended in support of the eonvictiuri, that the letter of attorney in question, which purports to have been signed, sealed, and delivered is • deed within the meaning of the 2.1 Ilex. I I. c. 23, and th; 31st lien. 11. e. 22. a. XI. by which statutes Om offence of publishing or uttering on ten., any false, fored. or counterfeited deed, vs ill, he. is trade & capital felony. Bitt on the part of the prisoner, 11/r.l'auntleroy, it is respectfully but earnestly urged, that notwithstanding the general wattle " say deed" there used, a letter of 'tonne' for the transfer of a share re the Public Funds, is not a deed within the intent and meaning of those Statutes. As an important prelimiaary to the argument ea the construction of the Statutes themselves, it shall diet be 'hewn, that even without reference to thorn Statutes, the word " deed," does not at common law clearly and unequivocally comprise a letter of attorney. It may, perhaps, be safely conceded on the part of Mr. Fauntlemy, that the word deed is occasionslly and loosely used in a large sense, and so as to include every instrument in writing, makd aid de. livered ; but its more frequent and its mote accurate acceptation shall here he 'hewn to be an instrument in writing, sealed and de livered, and containing sonic contract or grant en the pan of the person by whom it is executed. First, as to the definitions given by technical writer., Lord Coke's, is 11,1111110WII l--" A deed (rectum) " this word ' deed ' in the understanding of the entnniori law, is an has • rament written in perchment or paper, whereunto ten things are nreesearily incident,' and among these ten things he enumerates "a thing to he contracted for," 1 Wm. 3$ I N and in another pl at e, he gives it thus, "fait facturo, anglice • deed, signifieth, in the room= law, an instrument, consisting of three thieve viz. : writing, sealing, and delivery, comprehending* bargain or contract between party and party man or woman," ibid, 171 b. The deli. nithin given by Spelman, is similar faction a foreusibus noetris dicitur, scriptuni solenue quo ennater &num concern., pactnni eontraetus et hujusimodi aliaa Charts," Sp& (Dees. This definition was copied word for word, and adopted in tie Glossary of Ducange. Cowell, another authority of the first eminence, defines ** deed " as " an Insteurnent written in parchment or paper, Consisting of three things, vis.:—erriting, sealing, and delivery, and comprehending a contract or bargain between party and party." Jamb, in his leaW Dictionary, takes the same vkw of this term, "a deed rectum is an instrument in parchment or paper, but chiefly in parchment. comprehending aeon:reel or bargain between party and party. or an agreement of the parties thereto foe thematters ther6n contained," and Cunningham's Law Dictionary and Wood's Institute hotlideli. it in the same way. lardy may be mentioned (as • proof • that the tame sense of the wont equally obtains among more popular rs writet. that there is the following de fi nition of It in the L'oeyelm podia Britennica—•• Deed, in Internment written on perchtereet or paper, conirehemling some contract, bargain, or agreement, be tween the parties thereto in relation to the matter therein contained." Now if them definition, were to be eeneidered as accurate, they Lil i t i : 4 i:l l 4; excluded • letter of r•ey, iseseitie lolalnfareal. ie wining, and sesd4 and enateil, contains no matter of contract properly so called, nor even matter of grept. It conferred a mere TIIITINWIIiOT power. Arid on that distinction, very clear and iniportent in itself, important incidents or consequences depeneltd. Fur example, It might be revoked by mere matter in such as the death of the parry, whereas, if is were a deed, it would either be irrevocable, or at least would require a revocation under the saute ceremonies of sealing and delivery, by which it was originally created. Not only did the definitions of framed miters exclude a 1. her of attorney from the legal description of • deed, but the common phraseology of the law proved, that it had net initially been so conaidered, few while inetrumentsof grantsorcontrart Miller al were always denominated deeds or charters (" facia or charm.") I, ttera of attorney were always distinguished from them by the appellation " th eta. " Thee in one of the earliest letters of attorney now extant, bearing date the 4th year of Edward the Second, and preserved in Madox's Formula Anglicanism, p. 3311, their Lordships would find the word the liters used to eapreest the instrument itself, and carts to express the deal of foodinent to which it referred. It was • warrant of attorney to deliver aeizin, and ran thus—." Attornari et loco moo pasta ponen. ilum 11. I. in seyainam et secuaduni quoit in madam earta inter me et pradietuin H. J. inde fact* pletnis continstur Islam et graham liabuttra quicquid idem W. dexerit facieradum. Scr. in eujus red testamonium las lib ram sigillo moo rkmiatas Aeri feel ps tentes." Another of these instruments preserved by the same au thor, anti under date 1234, began thus-_" Ilitivereie Christi fidell- Ims pet-genies literas speduris ;" and indeed that appellation of " 'nem" by way of distinction from "carte," or " factum,was constantly applied to all ancient powers of attorney whatever, end in it., instance would it be found that they hail the denomination Of " facia" or " carte." But perhaps there was no authority which served more emphatically to mark the distinction between " c irta" and " little." than •he following passag e from Flew re ferring as it did to the very case of finger', and therefore the more directly applicable to t h e present occasion Crimen false dicitur nine tms accusais fuerit eel appellants gum signuna regis eel don a i ~ si.l de eitias fend • roar t faleavint, et brevia lode eel tuten' al iq it am v el literati' ad either , ditiarum dominLikesigella tint et timid de hujusmodi palrarns dicitur de e sigilla adulterie rani, por bteris apientibui dicatur id idein."—elista I. c. 22. It was to be observed, that a letter of attorney did not farm the only example of an instrument under seal not comprised within the legal deariptimi of a deed. That there was • whole class of instrumento which tell within the same predicament. appeared from the word ing of one of the earliest statutes relative to forgery, the 3th Eliza beth. c. 14, S. 2, which proved that " if any person shall forge, any false * deed,' charter, or ' writing sealed,' court roll, or the will of any person, Re. be shall be set on the pillory," fie. Now, neer the preceding reinarks. the distinction made by this statute between " deed" and •• writing sealed," must be very inirlligable ; the object of the latter phrase was clearly to comprise suet, instru ments as, though under seal, were not properly deeds, for ex ample. letters of attorney ; accordingly we rind, that very soon after the Act pruned, the following &dikes talk place upon its constnietion :—One Taverner had drawn Up a raw: inane. went, perpeeting to be a eitstomary of the manor of N. totting forth several false customs, tending to the dishe. Sum of the Lord. It was on parchment, had seals af. fixed, purporting to be the seals of the copyltoblers in whose names It was drawn up. The Court held, that this forgery fell within the provisions of the statute, net on the ground that the Instrument was a " deed," but that it fell under the alterneti ye drteription, vie that of " writing sealed." (Taverna's rusk, Dyer 32.!--.26.1 To this many other example* might easily hr added. It mead, however, he sufficient to notice those a a s ea l e d sill, and an award under the hand aid seal of the arbitrator. Seidler of these were deeds, they were merely writings MULCT seal and t era. that A na was exactly for the same reason that excluded I, tiers ~f attorney, vi that they c.satained no contract or grant of the part v. 'With resp.ot to an award under seal, the case oc Dol v. lierbert, Style.' Reports, 45;1. wan very rentaikable. The s e men was debt on bond to perform an awful!. The award era. wider sea% and the defendant demurred to ;be &dal a;:011, in the gamed that profert had not been iniele of it. Glyn, re. .1. sail, " It ati ac:ion debt be brought upon an obliation, the hligi. 11011 10 Ile 11T0011Ced, and l ilt all other e a ses where ti J tu g , TIM. :Mt be ilettintol,:t hut by deed; but litre to no deed ill the caw, for an arbitrament muter seal is no deed, and tin. arbitrament may be made Will:Mil a deed, and tilt-rehire it is not ttece,ary to be pro duced in Court, for it is but a writing under lucid a , .11 seal ; jud, meat for plaintill:" While for these reasons alone it fairly interne 1, that a letter of lotorner did tot, 'it common law, fall within the strie: description of a deed, a ease had been recently thseovered by the le;!al advisers of Mr. ranntl.roy, confirming their preview, apprebrision on the sithjet t, and dis tinc tly proving that a letter ut attorney did not properly and uuuturrly TfeelVe . 111/1 , appellation. That authority shewed that it was notch &Ilion% and it lad ultimately remained a questionable point, a heal , r hi Icon r of attorney WAS env!, Cllpllble. POI" , or YitAeilld• of hieing s u dese•llied. The ease was an ancient ime, but, tipon ti,,m.sti t ion and trite inns tt i ll g of all ancient legal term, the value of a ease was perhaps enhanced by its antomity. It otTUTrOII tin the year loads 35. N. ti. I'. 37., and the billowing was a fate translation of it :—•• In a writ of forger of i'alse the plaintiff suppos e d by his writ that the defendant had forged Meerut take fact& et mud'. manta. And the defendant demanded judgment of the Conn, foe the count alleged that the delentlant haul toNed a certain deed of feelLneel. purporting to he the fco:ilitett set seie 'l'. .tad also a audios muntweut, by which the said papa red to make oat C. hie attorney, to delivery, 'Stein. to do that the' count is not conformable to the writ. for the writ alleges Javelin him facts et muniments." And the count alleges only one deed. acengf. (Counsel for the plaititit)—The coma is good, `` foe we have de clared that he has forged a deed of feoffilent and a letter of tutor. nay, which are deeds and muniments ; and each, by itself, Is a deed and munionent." Moile (Counsel for defendant.)—As to the assertion Met the letter of attorney is a deed, that is not an, for it cannot be traversed (meaning, it is presumed, that it would not be the proper subject ofa plea of non eat faction.) " therefore the count mentions only one deed, and so is not conformable to the writ." Prises ((thief .loomice)—" In my opiniem.die count is not confirm able to the writ; and as to the doctrine that &letter of attorney is a deed, in that view it ought to here been alleged as a deed ; but that you have called it in moor count by the name of writing and mufti. anent ; no th tt, at all events, you have shewn in your count only one deed, iihieli is at variance from the writ." The Court then took time to advise, but the ultimate decision was not re ported. This case, therefo-e, did not prove that • letter of attorney might not be deacribed in pleading as a deed, though its tendency seemed to he rather that way; but what ft dentledly show. ed was. that " deed" was not the regular and proper appellation, for, if it were. why shred(' • coma have unneetalartly substituted the wools " ' g mai muninient ?" and what ground or C91.1111' andel there be fur Mon , es argument, that a letter of attorney could not, in any sense, be described its pleading as a deed. This case was submitted as • dietiact authority, that it was nut usual in for. user titres, at least, to give the appellation to a letter of attorney ; and it was a singular at well an Important coincidence that the cone should heppen to relate to a matter of forgery. To this line of ar. gument it might perhaps he objected that the form of letters of at torney to transfer stuck (each as that in question) comprised a dis tinct covenant with the Rank of England, and that it was impoe sihle, therefore, to contend that such en instrument did not fall within the detiniacm of a writing, sealed and delivered, compre hending a hsraain or contract between party and party. Now certainly it was true that the instrument in question, appointing the I attornee, and empowering I l i 11l to sell the stock, proceeded (ocated log to the usual style of such documents) in the following words : " And, in cam of nor death, this letter of attorney, as to all matters and things which, after my decease, shall be done by my mid attor ney, by virtue of, or under colour, or in pursuance thereof, shall, so far as the Governor and Company of the Bank of kindleid are in. targeted or concerned, be as binding span net sespeative eallinata i mad administrators as the same would ham ben ups es if unless notice in writing of my death shell hose been given to the said Governor and l'onipany by sly eseestors sod - noinioratent, or by some person or pentane interested in the property to which this letter of attorney refers • and, unless such notice be given, I hereby coestant. toroonise, and engage, and bind myself and my executory and adminietretors to and with the said Governor and Company of the Itank of England, that my executors or administrators shall and do allow, ratify, and canllnn, as good, valid, and effectual against them, and against my Mates whatsoever shallot. may be doneby myattorniesoreither of them after my decease, so tar as the said I ioventor and Company of the Bank of England shall or may he in any or every other manner interested therein. In witness whereof, h e But to answer to this apprehended oh jection, lie aubatitted, in the first place, that such covenants of ratification as that above set Meth were not rasher to kitten of attorney to transfer stock. From the earliest times mouse of a similar nature had always been inserted in all letters of attorney, and were therefore to he considered as forming part of their eaten. tial character and delinition. Consequently, whatever was to be found in the honks, tentlittg to thew that a letter of attorney had not usually been cottisidertel as a deed (a proposition for which the atitlitornies had already been given), would apply to an instrument like the patient, though containing the words of contract above copied, for such worth did nut distinguish it from an ordinary letter of attorney. Tlits, in one of the very ancient documents preserved by Modes, there was an express clause, engaging to in. elenonify the attorney for hie acts, prorominius etiam pro ipso judi. cat ttttt sari, sub hypotheca realm nostrarum. tMsdoit'abi sup. page 3484 But the still mere decisive answer was this, that the flame of ratification above copied, though worded as a covenant, p as could nut otorate such, and was, in fiat, merely another way of 1 expressing what hail before been sufficiently declared by the power i'self, namely, that the party thereby confirmed all such acts as should he done by his attorney after his deaths, unless notice of the death should be given to the ( lank . bet, then, the summed cove. 1 cant. hegin tt i tt g with the words, `• and unless such notice be given," he., he form* nut, and the effect of the instrument n innies] precisely the same; for there was a preceding confirmation of all arts to he done atter death and before notice, and the sup. posed cotenant went no further. If this were properly a covenant, an action might he brought Olson it, but evidently no action could be brought on this clause by the Bank of England, for the supposed covenant was one which, in its nature• could never be broken. In the event of the death of the party without node . the Bank would, by virtue of the power, transfer the stock; and such transfer being Made. a ratification on the part of the executors could *ever be re. quired ; for if they should choose to impeach the transfer, and bring their se:itin against the Bank, that action would at mire be barred by the production of the power itself. Thu clause, there fore, though a coast:int in its shape, was in substance a nave am plification or repetition or the preceding words tit authority. It was consequently in legal effect, not a cataract, but a power. The words of contract were only inserted fur further assurance; but in reality added nothing to the force of the instrument. This doctrine, that words bearing the form of cataract might nevertheless not amount to it, in substance and legal effect, was not unknown to the law In other instances. Thus, wards of casement by A that he would never sue II is respects of a certain demand, were not a cove nant in point of law ; but simply a release of the despond. They must be pleaded as such, and no action could be founded upon them (I Oho., an, 3311. 1 !tool. Ab. OM, 2 Midst. IM, ha) If, my Lords, continued the learned Cipastl, any success have at tended this attempt to ebew that the Bleed " deed" is not at com mon law strictly or even ordinarily applicable to the instrument In respect of which Slr. Fauntleroy has hest convicted, much facility will be given to the ulterior proposition, viz. that the word cannot hear that inswing upon the construction of the 2.1 d t 11. c. 21, eo ' 31 Geo. ii. c. 22, 178, and 41's G. 111. c. th this iEd to propeentioa the rest of the argument will be ed. The preamble of the 2al lien. 11. c. 23, recites, " that whereas the wicked, pernicious. and abotninnble crimes of forgery, perjury, and subornation of perjury, have of late time been its touch practised. he. that it is nano/wiry, for the more effectually preventing sat such ennemous offence,, to inflict a more exemplary punishment on such offenders thus by law of this realm can now he done." The :emote then enacts, that pawns who forge ane deed, will, testament, he. shall suffer this putoishinent of death without benefit or clergy. It is manifest, therefore, from this preamble, that the legislature intend ed to indict a more severe puniehment upon offenders, who forged deeds, than the law before auth o rised; but this intention was in. opt naive as applied to a letter of attorney for the transfer of stock, because, by a prier statute, the 3th of lice. I. e. 22, it was made a capital ofilnce to hogc a It et r of attorney of that description, and therentre the legislature could not intend, by the word " deed," in the 2d. (leo. 11. to describe re letter of attorney against the forgery of which there was already a specific enactment. The 31st Geo. 11. c. 22, 1. 711. alter reciting that doubts might arise whether the thl lice. 11. c. 23, extended to the commission of the like forgeries, with an intention to defraud tiny corporation, re-enacted the 2d Geo. If. and otipplied the defect. But it is a striking fact, and strongly confirmatory of the argument here deed to show the in tent of the legislature, that by the preceding section the 77th of this very Act of Parliament, the punishment imposed by the 11th (ho. I. is extended to the forging any tt letter of attorney which related to the transfer of suck or hinds established since the passing of the foil Geo. I. For it' the legislature had intended to coraprise letters I lof attorney under the term s tt any deed," used i n th e *I Goo. IL and an the very twat section of this statute, this provision would have been nugatory. The fact, therefore, that the 77th simian Maass speciticalty to letters of attorney, and dos 71.1 th section to deeds, 1 proves to demonstration that die legislature treated them as the objects of distinct provisions, and did not intend, under the word " deed," to include a letter of attorney for the team. I for of stock. And it is no answer to this argument to allege that the terms " Letters of Attorney" do not necessarily impart Instruments signed, sealed. and eleEvered, bat also comprebend instruments under band, which the legislature meant to protect against hogery ; because even admittitg that an attorney may fur D.IIIIC purposes be appointed by a writing under band only, it is matter of notoriety that tine letters of attorney for the transfer of the public funds, both at the time the Bth Geo. I. passed, anti ever since, have necessarily (.n compliance with the Bank regulations) been instruments signed, seeded, and delivered. And it was mans. featly the object of the legislature to prevent the forgery of such in struments by the 11th (leo. I. end the 31st Geo. 11. A concise ex amination of the various other statutes. which relate specifically to the forging of letters of attorney, and of the statute of the Meth Goo. I 11. e. NV. which smenlidates the previous enactments re. specting deeds, wills, de.„ with mein additions, will be found tet support the propoitiem that the for,ting of letters of attorney and of eked% have unitountly been sounders! as distinct subjects of penal lenisletion. The 4th list. 111. c. 25. which cautious! the Corpo ration of the Bank, rate/Met: the 'intentions of the Nth Gen. I. and the tast 1k,.. 11. see. 77, to the capital ' , rock of bodies politic and corporate, " which now or hereafter shall be established by Act of Parliament ;" the words " Letters of Attorney" are used in this etatite. but not the word " Deed." The 37th Geo. 111. c. 122• inflicts the punishment of transportation upon °W enders who torge the name tot any person purportiog to be the attesting witness to any letters of attorney for the transfer of stock. or who uttiT :he cum* stub a gnat, knowledge. lint " deeds" are not mentioned in this Act. The 45,h George 111. c. 110, sec. I, recites a t e ' , NM:Lions ef the 2,1 George 11. c. 25, and the 7th Geo. 11. c. 1:2, stud extend, them to every part ol' Great 'twain ; it ale° creates the offence of ettiering, disposing of, or putting away any forg ed deed, will, testament, Ac. But here again the wools "Lettere of Attoriter* are not used. The 31st Geo. 11. e. la. a. 23, relates to the forgery of " letters of attornsy" to mesas. Walliell'i wages, he.; the tide Geo. 111. e. 211. s. ti. to " the tottering Of lIIICII surged lettere of attorrey." 'Pile 45th Geo. 111. et. ti 7. a. 121. and the 37th Geo. 111. c. 127. s. 4. re-enact, consolellete, atud extend the provisions of the two former statutes. All of them expecially mention letters of attorney, but not " deed's" These letters of attorney for receiving seamen's wage. are• and ever lat e been. signed• sealed, and delivered ; and the enmenuents, therefore, which are directed againot the forgery and utteriug of these instruments ate futile. if such instruments are comprehended within the words " deed" found an the thl ' lie... li. It nosy alumni. itientiotned, as a proof that the Legislature ILIA in 011Ief inetancee c mattered letters of attorney as instruments thetinet from' deeds, mina in the Stamp Acts letters of attorney for tle transfer of smo lt, See. and deeds, arc placed under separate claws, and the duties peptide hut respect of Mein are different. It st 3 , 0 be urge.% our Lentil, in reply to some of these arsumente, that a. tile 3 (leo. I. e. 22. dist nut estend to the Cale of uttering torged litters of attorney for the transfer of stock. that the Lela lanore, when it VAVICJ Li: 'AI UN. 11. us ;Zo. w . ::...1a mated t!..: - - offence of tittering forged deeds. intended to supply the smdeslitto • and therefore to comprise pinch letters of attorney under the plasm "any deed." lint if such hail been the Intention, the subsequent statutes of the Met Geo. 11. e. 77. and the lith Gen. 111. e. g.i. which re-enacted the 11th Geo. I. would have mentioned In spegiha (thin the oll'ioce of uttering forged letters of attorney or the tranifer of mock, instead of simply re-enacting and extoWlini the provisions of that Art. llesideo, these re-enactments, as fir as • they applied to the forgery of letters of attorney for the transfer 4 I stock, as well as all the statutes which passed after the NI I 110. 11. relative to the forgery and uttering of letters of attorney to receive seamen's *ages, would have been nugatory and inoperauve in those particular enactments. if the 2,1 lien. It. comprehended the offeror of forging and mining, rte. 'mated letters of attorney. Again, the 31st flea. 11. c. 10. s. 23. and the lith Geo. 111. e. O. s. U. furnish a derisive instance, that whenever the Legislature intended to create the offence of knowingly uttering a sealed enter of at tousey, it has unequivoeally expressed that intuition. The Inn. flier of thece two Acts relates to the offence of forging letters of attorney to all seamen's wages; but does nut extend to the case of knowingly uttering such for e 3 letters of tutor. ney. lint then, the Legisloture having deterrnined to *stem'. the law to the latter case. created, by the 7th George 111. r. TS the offense of knowingly uttering such forged loon* of attorney its specific terms, and Gtr same terms are adopted in the substiquenl statutes on the subject, nakiely, the 43 Geo. /11. C. 72. a. HAI, and the 7 Geo. 111. c. 127. a. 4 I thetefora ausestly, my Lords, contend, on behalf of Mr. F a untle ro y , that the plain. and legitimate conclusion deducible from • Just application of the rules of conetruction to there numerous Acts of Parliament is, that the legislature never intended antler the word deed, in the 2 Geo. 11. to campfire letters of attorney under hand and seal ' for the transfer of public stock. It is clear that, the legislature has ensile the forgery of there letters of attorney the subject of spedfie enactment., and it is equally dear that the ?vetoers en. moments on the subject since the 2 lien. If. chi. are nugatory. if such letters of attorney fall within the legal description of " deeds." If ore mode of ex pou '• g the statutes leads to the conclusion that the legtslatnre ha+, through • long series of years, and on various octicsnins. used laartiage without a knowledge of its legal import, anti reiterated enactments without an intelligible object ; and, if another mode of exposition shows the various pro visions upon the same subject entre consistent and intelligible—no one an doubt which mode nusht to be adopted, It is most then to observe. that the meaning and application of the I vlVActs of Parliament iii inn an imponmen sued eaglet 'eighty be rendered plain and distinct, and redefined from the .M section of confusion and in.'onsisteticy, upon any other supposition than that when the legislature has in various Statutes mimed in specific words, letters of attorney for the transfer Of stock, he has al ways amteniplated instruments quite different from those abide in other statutes are described as deeds. It is trite, my hords, that in none of these statutes is the art of knowingly uttering • forged letter of attorney (ro towline) for the transfer of stock, made • capital offence; but this omission, even if uninten tional, furnishes no sufficient reasons for straining the weeds of the 2,1 Geo. 11. beyond the true intent and nitrating given to them by the legislator, when that intent is dear, as li Is totteeived to be in the present ease. The rule thst • statute mod be *mounded accimling t 4 the intention of Parrament, said owe &wielding to the letttr, is decisive of this question, even supposing the forged instrtinieut, for the uttering of which Mr. Fomitlerny has been convicted, to he within the letter eight 2d George If. the contrary of which I con fi dently submit to be th e ease. It has been nutted, in the indictment gainst Wait, who was executed for the offence of tittering a forgW letter of attoniey for the transfer of public stork, that the instrument was described as • deed ; that the question %cos reserved for the determination of the twelve Judges ; and that the cast was fully argued. Bat I submit, with confidence, that the question no* made do behalf of Mr. Fauntleroy was never raised in argument on that occasion. On the contrary, it was easentisl to esnteriti, in support of the pro. position then urged fur the prisoner, that a letter of attorney for the transfer of stock had all the requisites, and was subject toall the incidents of d decd. This was denied on the part of the Crown; the latter argument prevailed, which I humbly catmint would not Lye been the ease, had the proposition as to the idea. thy of the letter of attorney and deed been mond and tenable. Neither has the present question been the subject of any direct determination by the twelve Judges, known tithe legal advisers of Mr. Faunderoy. It appears, indeed, to have been incidentally raised in Ilex v. Lyon, when, acsording to the report in print, the Judges were not unanimous in their opinions. In that case the prisoner had been COCA trted upon an mdictmerst which con tained counts (framed upon the 45th George 111., C. 7, a. 120 charging him with having forged a power of attorney of one J. 0., a Midshipman in his Majesty's service, to receive certain prise money when due; and also counts on the statute 2 George Il e. 2n, charging him generally with the forgery of a deed. fly the statutels I leorge 111.. c. /2. a. 91, a form was prescribed fur a negotiable order, by a petty officer, on the agent ut treasurer of Greenwich Hospital, with a ecnlticate siibjoheed, at. 41. e. The principal (mint made on behalf of the prisoner was, whether this proscribed form of an enter invalidated every power for the purpose of receiving priae-money, couched in other terms, and in a different form than were contained in that statute! It is understood, that the point being submitted to the consideration of the twelve Judges, all of them (with the exception of Gra ham. B. who dissented) thought that the forging a of attorney. though not in the prescribed form, was ac petal wt offence, and that the conviction was right, and that most of the Judge, , thought lb, power of itPdrne* in question ern a deed within the ' Ititatnte 2d Geo. 11. e. 25. Again, ney Leeds. I earnestly, bet amfidently, submit, that the ease of Hex v. Wait, ought not in realm] or Justice to he considered a precedent derisive of a pent of law never raised in the argument, and which point, I ant inclined to believe, has never received the Ind eonsideranon of the Judges. For the present, my Lards, I have done. If any thing more be necessary, I shall reserve It for my reply. I hope your Lordships will consider my tegument* as founded in reason, and the conclu sions I have drawn trout them eatisfactory to your minds, so that Mr. Fauntletey may have all the benefit to which • full considers ' tion of the case will make him entitled. Mr. Sergeant ISOSAN , CIITEr ; in addresaine their Lerd.hipe on this or any other occasion, begged to assure them that he was on willing in strain the words of an Act of Parliament so as to make it applicable to "mischief for which it was not intended as a iernedy. A consideration of preserving the consistency of the law, .25 his Learned Friend had suggested. would not weigh with hint m induce their Lordship* to arrive at a construction of a statute which it did not fairly and reasonably hear. If a question arose upo.i the eon strurtion of law, by which it wan sought that it should embrace a purtieular point or cane, that (mention it wield be entirely fur their Lordships to determine either in the negative or affirmative. ft was his (dlr. Sergeant llonanqueen) intention to rely upon what had been invariably the practice to similar exam. That practice, he submitted. would weigh duly with them in regulating their dec. aim; but if their Lordships were of opinion that all former meet , dent* were erroneous ail wrong, then he would not, even for the sake of preserving consistency, require that they should I•esitate to consult their better judgments, whenever may have been the practice laid down heretofore by themselves and their predeeem son. It was not until late yenterdty evening that he was aware he should have to argue the first proposition advanced by It; Learned Friend, as to whether an instrument should or should act contain a contract in order to constitute it a deed. Even 'fume, he admitted (w(nch he was not disposed to do) that a contract was necessary and essential to constitute a deed, in the present ie stance the instrument would hear him ant in thin th finitnin, fir the instrument was granted to one for purposes of sale, and this was ancillory to a contract for sale. His beatned Friend had relied principally on the anthority of lord take, and on loin de finition of a deed. Definition. were often very dangerous things, even in the eery able bands of feud Coke, and there were tat wanting ingiane,* when I.iv authority was frequently feund own. miry to his definition*. Lord Coke's definition in, that a deed, its the understanding of the cominon law, is an insmmient written on parchment, to which certain requisite' are incidental: wa.mg these a thing to he contracted for is one. Ile (Mr. sergeant Ito. sanquen stunted thin there might be n deed. and that a contra:: might he contained in a deed, but denied that it wan a TICCI.MLIT or indispensable requisite. Imo! Coke's opinion only went as far as this, that a contract might be contained in a deed, but M.: not go rw far as to lay down that there could not be a deed without a contract. If there were a anbjeet-nmiter fur contract, then it was neeissary to introduce that contract into :he deed ; hut instances were fre quent. tend he spoke from the authority of Lord Coke,) where dee& did not necessarily include a contract, as had been contended for I , y the i , nunset (Mr. Broderick). The authority of Spelinan had been referred to, hot it did not, he submitted, con. firm and support the view taken by his learned Friend. That de - finitifn was--" Faction a forensibtie noatris dicitiir veripturn so le:The quo finr.ater denum, conresnio, contractus rectum hajus modi, alias charts." The conelittling member of thin sentence.— " hitjusmodi, alias chart'," did i.ot give to the definition of the word deed so limited and restricted a meaning as it was submitted by his Learner! Friend to bear. He was not aware that ft was before contended that contract was an indispensable requisite to a deed. A power of attorney to deliver or take mining, was to all intents and p u rposes steely a deed; yet it contained no contract. Again. the giving a ?time ran only be operated by deed. yet there was no contract contained in arch a deed. There was also a confirmation by deed—and a disclaimer by . deed. The latter CU,: was lately before their I.oithibips in the matance of a pawls re fusing to take possession of an estate again* his will. In di direr canes deed e were reacted to—yet was there an bargain or cot tract, without a hick ft INAS alleged. on the other aide, there could be cot decd. A distinction was made between " chart* and liter*"; it was contended that the former only had reference to deeds,. and the latter to letters of authority. Ile woohl ref e r their Lords hips to • short passage in Lim! Coke. A hi?, where it was hitt down that authority to deliver neieir must be bv ilredland the letter, of so. thority may be by deed; and forthir, that authority to eaecuw * deed is itself a deed. Lord ('tike did not stop there, but laid down, that to convey any thing implied a gram ; that a letter of atuwney was as touch a warrant of attorney hr deed. tlrlwy de• Illation. by the conveyance of smelt authority, wan fully complied with. Them was the donor and the donee, together with the power to make a grant. lit Couke's Reports. and RA's Abridge. meta, vol. 2, the deed was defined to be a writing on parch. went or paper, together with scaling and delivery, and the present iiistotatent manifestly came within this eonstoretioa. IVith respect to the raw cited from the year-book, it had an efftvt quite favourably to his (Mr. Bonanqueeo view of the miention. There, in a writ of forger of Mir deeds, the plait ' tie nupnoted by hit writ that the defendant had forged cli. versa taut facts et muniments." The Court alleged only one deed. The pin intif *a Counsel contended that the count was good. for they alleged tired muniments, and earl: (' itself vim a deed and muniment. The Chief Justice (Prison mil, " the count was aw l earrotraable to (Se writ ; and as to the doctrine On; the tater it attorney is a d.td. is that view ;t ought to hare hero s:itied as • I f~! .1 t 7 1 ! i 1 5' d' "