The British Press; or, Morning Literary Advertiser. — London, England, 1819-11-17 00:00:00

1 4 HE:fTRE'S. The opera of The Devil's Bridge was perforated last night. Previosislo its comnseeeement the cc.. kbrated overture, ealkd La Chaise, composed by Mimi., was executed in very good style by the orchestra, and excited uolkerial admiration. Mr. BRAHAIS made his second appearance since 'his re turn from the country iw emit Bella°. The music .1 the opera is, is great part, of his own erre lion, and to that part of it airpropriit'ed to the cha racter he personate', he rendered the most ample justice. He sang thcfine airs incidental to it with astonishing energy and expression, constantly eli citing, or rather commanding, by his sweet and simple turnings, or majestically elevated tones, the instantaneous hoMage 'nf tinker's! admiration.— In the third act, he exeeuted the famed recita tive and air, composed by Pagstzt.t.o for Signor DAVID, at St. Carlos, Naples, with very appro priate and pretty words by G. Somas. Esq. Nothing could exceed the effect of his exertions in tins song. He meted it (if we may be allowed the expression) m significantly as he sang it, accom panying the notes throughout with looks and ges tures exactly harmonizing with, and expressive of the sentiments it embodied. It was encored in the most enthusiastic manner. Many other of his songs experienced the same mark of applause, and his success was of the most flattering description. Miss Caw' performed tlae Coaatess Rosoleina with ex ceeding fidelity and feeling—her singing was very highly and very deservedly applauded. Miss' KELLY'S Laurence was as tree to nature as her performances usually are. The effect of the conflagration of the bridge at the conclusion of the entertainment was remarkably brilliant and grand. The opera was received most favourably by a full house. An incident occurred in the course of the per formance which afforded some exercise to the risible muscles of the audience. When Baron Toraldi's guards appeared to *else Count Benito, one of the two appointed to conduct him off, meaning, we presume, to manifest his zeal in his master's cause. by the vigour of his arm, aimed ■ ponderous blow at the Count's shoulder. Mr. BRAIIAIi prudently retreated from the descend ing shock, the blow was spent on air. the arm which would inflict it sunk to the ground, and the whole body was precipitated after it. The house enjoyed itself richly at the expense of the fallen soldier—but as good is frequently educed out of evil, the chee►ing lavished on the agility with which be restored himself to his upright posture. more than compensated, we are inclined to think, for tire mortification to which he had before been subjected. COVE/It-GARDEN. 'We were moth gratified last night in witnessing Mr. LISTON'S resumption of his professional du tit-P. slier his late severe indisposition, in the pert of Tung Liorapkia, in GoLlasairres comedy of She Stoops to Cottquer. This gentleman is gifted with talents peculiarly and almost singularly formed for the amusement of the public—and the warm and kindly feeling. with which his re-appearance was marked on the part of the audience, well Ind/. clued how justly his merits are appreciated. Con tinually repeated peals of laughter bore testimony to the rare humour and spirit with which he repre sented the character, and played off the tricks of the mischief-loving 'Squire. The other parts were CEA is, their usual manner. The play was per formed extremely well, and received a profusion ul applause.. The new chandeliers suspended around the dress circle. and lighted for the first time on Monday night, contribute, in a high degree, to the embel lishment ■nd beauty of the theatre. They deliver the lair occupants of that row of boxes from the comparative darkness in which they were before im merged, and place their fascinating charms in rich and brilliant display. SDINBURGH DRPARTURES. The East and Countess of Breadslbose bore lett Rafe. burgh for Taysnooth; and Sir Wm. Elliot, Bart. for Slobs Castle ; lord Viseoust itelburn, Sir Timms@ sod Lady Car sescbsel, Misses Campbell of Kilmarray, H. Lamlniss, Esq., .t. Campbell, Esq. of Gkesadd k, W. Campbell, Esq. salaam field, N. Malcolm, Esq., Seaton Car►, Elm. sad Mn. Can nod family, Thomas Fox Sirangeways, Esq., awl Linst.-Col. 11'nunald. CLERKSHIP OP THE PLEAS. This office, which long has engaged general at. tention, was finally disposed of on Wednesday last ; Letters Patent having passed the Great Seal, nominating Joseph Ferran, Esq. to the situation, uho for many years filled the office of Deputy. \Valuta our recollection no act of Government has twee more perfectly consonant to the feelings of the ptureuion interested, and certainly no appoint ment was ever more justly merited, or reflected greater credit upon the Irish Administration.— / Dublin Freeman's Journal.) We have great pleasure in informing the Col lectors of PorWits and Views % u well as Illustrators, 4 Crimper Biography. The Anus/ Biography nod Oh& Mo 7 haul, hte el Dictionary, 32 Vole., Mhyraithhal Dictionary Lining Authors, Ilarares Aueestatas, Bo& *sift 1 40 Jithosos. lioffraphis Dreanattea, Poriaaars London. Lause's Koveroses, 14peasse's Marla Ihttassaia. circssiee of Ltterestass, Gwen', Aattilehise, bealathe of England and Wales, Cooney Ilteleries, arc. he. that they nay tee KOMI modatral with tie owerploo Inepemnimas of the hates to the lint Seoenly-four Volumes of The Ratropoma , Noporlaa, Os. from January, 1702, to December, ISIS, wrt.4l at their option ; Lista of which, as well am s LAM of ilia seer** Proofs of the can period, may ha ha! preis t iii Action's, is Cornball. (CIRCULAR.) A general Invitation to the People of ED.'sod, Scotland, Ireland. and Wales. It is particularly rectranneadad to their tlerveaSe sod Oar. tiers to sok fee TURN Uri LIQUID or PASTS SLAM. I NG. as it is So be bad if all tbe priseigol Orem% awes. +maws, Ilbetioorrs. Iroooteoeses, Druggists, sad Peufousere rvery Toon Is or Kiegolesa, from as improroloilit trbielt reqmose say Theekkag over bootiebt .'fore the Public. N.B.—To Amer rbo bore sew yet so& a trial, it kr loose eisatitly reemosoroated. I am, prelbood respect, Prim, very holy, Bleeklag Illseasetory, RICHA RD TVIII4II. !ot. Latisimied, istetbrerk tL.i r e f.,ltt illy'itiViiszivtlyck • 7 IL (WRY OF CHANCERY. Wanyinngs, TUESDAY, Nevimmis 11. strrrostrrrious CHILD. SERGENSON v. 811OUDION. • [The circuse/tames of this case we have already reported]. The Loaf, tHANCELLOII-4. I am afraid, Mr. Wingfield and Mr. Hart, that the issue I directed in this case , is hot proper in its terms, for it ought not to be pot 4h the infant to prove her legitimacy. therefore Mr. Sergesson ought to be the Plaintiff, for him if he can to prove her illegitimacy." Mr. HAIT I counsel for Mr. Sergerson, the Plain. tiff, said it was ititosaterial to his client whether he was placed in the issue directed as Plaintiff or De (evident. His Lordship would recollect that in al( cases sent to a jury, the general contention be tween the parties was for the right to reply ; his client, however, was not even anxious for that pri viletrr. . . Mr. WiNuetetit, counsel for the Defendant, Mrs. Sergessor,tl4..suppotted mother of the infant. said that it was his inteutlon to have applied to the Cotirt, on the kround that Mrs. Serge's** lad ho funds to bring the \ issue to trial. The Luau CitatitelfLon." The trustees might be made Plaintlffs," Mr. Winatetittt said, if they were, they would be destitute of funds for the purpose without there were some appropriated by the Court. . The LOAD CIAIICILLOIL—a• I can direct the costs to be paid out of the fund in Court." Mr. WIDGIPIALD stated, that if his Lordship made such an order, it might give a weight and credit to the proieeding that it did not deserve; for if a Jury *it to he told that the coats were to be paid out of the fond in Court, they might think his Lordship had so little doubt on the subject, that the funds a the infant, let their verdict he what it might, ought nnt to be exempt from the costs; and this he was sure was not the impression on the mind of the Court. Mr. HART said, Mrs. Sergemon could not be a party, u she had no interest in the question t she could not be benefited by aay verdict a Jury could give. The trustees certainly Vette interested. as it was necessary for their own security to pay the trust money only to the person entitled. Perhaps his Lordship would allow the further consideration of the subject to stand over for a few day% The LORD CHAmcat.r.oa—•" I conceive I should he doing the infant an injury by making her begin to prove that she was not what she has been hitherto supposed to be. I wish to 6x it in some wry the least prejudicial to her. Let it stand over until Thursday, and on that olay I expect to hear the suggestions of the Counsel on both sides." Further consideration postponed. WRIT OF NE EXEAT RUIN°. O. WORTHINGTON and CHARLOTTE VINO. Mr. Howie moved a writ IVe Ezeat Regal, lobe directed to the defendant, Charlotte King, under the following circumstances ;—Her late husband, George King, and the defendant, Worthington, were partners in trade, and on his decease she ad. ministered to his estate, and took possession of the partnership effects. The Plaintiff. who was* ere. ditor of the partnership, brought his action against the survivisig partner, the defendant Worthington, who, by his answe►, admitted that he was a pauper, and that the defendant. Charlotte King, had received above 7001, of debts due to the partnership concern. He held in his hand several affidavits, setting forth that the defendant, Charlotte King, was • native of Portugal, and that as soon as she got possession of the produce of the partnership she intended to leave this country, and to go and reside at Lisbon. It was on these grounds that he moved for the writ. The LORD CHANCILLLOR granted the motion, and directed that the writ should issue for 4004 WRIT OF HABEAS CORPUS. be the sesame? of STANLEY GODDA IT. • Bankrupt. Mr. G. WILSON stated, on the sittiug of the Court, shut the bankrupt was in Court (in custody of the Keeper of Netsgate) by virtue of a writ of liabeos Corpus granted by his Lordship. The LORD CHANCELLOR then directed that ti I return to the writ should be read, which was eon cordingly doue by one of the six clerks. It set I forth that a commission of bankruptcy had beep awarded against Stauley Goddart. of Cornbill, aid that he had surrendered to tie essesmitists awl that his examination had bees past at e. SIVINIII occasions, to give hi. an eppaelisity of ronlieling to the Cuesmissiouers • written se count of his estate. On his last examination, ou the gth of November. the Constnissiouers put the following pacifists is him :- Q. As reposteA otijowesoseols have taboo place fir the purpose of year pro/awing ao accoool and balsam short, are yaw wow famished wish draw 3—A. 1 on wet, as I . u Dot able to woke diens wet without the sodssairs of ley wife. Nm &Wart, which she whims to glee said the trial at law is over. Q. fires you got say sanest ?—A. Nose et prePoot. Q. Cs. yeti melte Deno sot without the essletsete of Mrs. Goidari ?—A. 1 eerseisly as woke oat pert et es secolost from the ledger. Q. Why then sot oohs it sot t—A. Deems* W I use& it out. 1 shoal. be afraid dps property weeM pot ituo the Mei of the maven, end is cops the eetsmissio• wee supereoled 1 shouW sot be able to rawer it *en Mem. . The Comonimsoo;ers being of opinion that these answer* were not solisfectory, committed the bank. rapt to Nelogme. Mr. WlLana said, he moved for the discharge of the bankrupt, on the goosed diet the Commission. en, by the Act of Perhatneat of the ith of Geo. 11. 3, see. 5, were not sietherived to put the qua. tioas that they did to the boaktupt, and if he was wrong in that point, he would Nimbly contend that the bankrupt had folly and satisfactorily answered them. This was • committal for the mere now. prodottios of an account; 'appose, for instance, that the bookrupt had answered that he bed no books, that he never kept any, and it was impossi ble that he could produce on account or • balance sheet; would the CommieWeners be borne out in committing him They would net, fur it would then become their duty to examine hiss merely to his recollectioa. The present ways similar dm. mid they had not doom so. The Comunsionors had a due, if they thought Frew vs have, got eit the knowledp of why the seams* was soot produced ► by inquiry We the tontnee of the trial et ke it bolt they heel en= ge ttr e r It was the dew Wife. fere of she . '-••• hare nesemined Ann "Aimed a written eeeeent as to his estate and . . t • ,fl rs. 1141101. peog i eilselreet .4ted lowa 4esder woui ptd Wow he meste.ied boo net ink set great witherd., which also 'lllll. ao Oro. Go be had sae desist het his Lordship floe Primmer fr ees castody. flirt Leafier( timed (Mr. Rnir) who ; win with him, and who attended before the Cora mtissioriers, would be better able to adonis his Lord ship PIK pinged before them.. , .The Lotto Cu tiscst..t.os.- 1 1 for bound not to take any ,Ahiag blot. what is Oa the return to the writ, I will; tberefpre, hem nothing that is not there, and I request that nothing thit is not borne out by the return will be addressed tb me, as it only tends to mislead the i )odge. I am hearing • com mon low case, and will abide by its ralti." Mr. Hose followed Mr. MIAOW. Mr. Hso La, coasisel for Itie,posigneer, *said, that it win hot necessary for him f frillo4 his Learned Friends, by attempting to anis,* their arguments, as the duty of the Comariesionetti at this time of day was completely settled, sod in committing the bankrupt they bad only dose ilieh dory. His Lordship had only to look at the record, and on the face of it he would see that the bankrupt meant to tell the Commissioners that be did not intend to give any account at all, either written or verbal. I-h would not occupy the time of his Lordship by saying one word more. Mr. MONTAGUE followed, via Mr. WILSON re plied. The LORD CHANCILLOR- 4 . Those kind at applications are always most pastel to me when I find I am not authorised to discharge the appli cant. It is a great consolation to know that by the passing of the recent Act Of Parliament, if I eel• in my judgment, thot the binkhipt may apply to.morrow to the Court of King's Beach, or COM. mon Plea, and if I am wrong they will set me right. As the law formerly was, if a bankrupt gave a direct answer to a question, the Commis. !Miners were not warranted in committing him, and if he was brought into Coati by Habeas Corpus, and the answers were direct, whether tree or false, the Judge was obliged to discharge him front custody ; bat since Lord Kenyosesi time it had been sailed, where Commissioners put a lawful question to a bankrupt, be must answer it in as to be satisfactory to a reasonable mind. Sit ting here to hear a Habeas Corpus, I sit as Judge in a Court of Law, for I do not issue the writ as Lord Chancellor, but in my common law right. If I woe sitting in bankruptcy, I might recommend it to the Commissioners to call the bankrupt again before them, and to tell him that the trial at law had nothing to do with the questions put by them to him, and that he must rawer all lawful treaties, at his peril. If they have not stated this to him. I wish they would call him again before Owns for that purpose. On this return, I mama discharge the bankrupt ; but I will not soy so this day, as I will take the cote into my serious consideration this evening, when my mind is undisturbed; and this I think I ant bound to do, as the liberty of theaubject is in question."—Judgmeat palpated. . ~.. COURT OF ICING'S BENCH, Watson's'', Tummy, Nemesis IL SEDITIOUS AND This being the day appointed tot the judgment of the Court to be pronounced*. Richard Cedar., fur the offences of which he had been convicted at the last sittings at Guildhall, viz. the publication of Pohl?, Age of Reason, and Poloser's Principles of Noinre.—The attendance of strangers was ono sonny great, and the Court was crowded at a very early hoer. About tee o'clock the Defendant was brought into Court in the custody of two Oficees. sad t oo k his seat on the form under the Akers' desk. His appearance and demeanour indicated * sof& cient degree either of composure or insensibility— he took • newspaper from his pocket. which he continued reading for • considerable dam At ten o'clock Mr. Justice Bass entered the Court. and entertained several common motion,. The ATTOIMET-OZNIIIIAL sad the SOLICITON• GENISAL soon after took their testa. THE ZINO V. ROBERT SHORTER. Before the other Judges arrived. Mr. Ltreut- DA LK moved that Robert Shanty mu dab* venders of Mr. Carlile's Republicans, simiald plaid to a cri minal information. The Defendant was then called into Court, and directed to take his station on the floor before Mr. DICALTRY, in order to hear the information read. He replied, " Sir, I will attend to you imme diately," and went towards the done of the Court. where he began to hold a secret consultation with one of his friends. On being conducted bock— Mr. Dealtry then read the information. The first and most material count of it charged the De fendant with having published. at Westminster. in September last, • certain false, wicked, and bias s libel, tending tet create and excite dialer*. listened contempt towel* the person and Gonna. meat of his Royal Hives the Prisms Regent. Timm wqre arvemi mbar noun • previous to the 'resift Wrinsisa deiipmded whether it was dm ;ppm pub r'" - wee called a libel, to which Mr. aisltry at std ia the affirmative. Doering the reedit n eg of We liempatims, the CHIRP JUSTICII sad sir. Jemise ilibumva CAIRN into Court. After the informatics hid `ten mad through, Mr. Dealtry asked the Defendant whether he pleaded.Gatiky or Not Guilty The Detendent- - .Not QM,. certainly ; its only for publishing • book. If I plaid Now. when shall I be pot upon my trial ? The CUM? Juvrica—That does not rest with me. Sir ; you are °lily wow asked whether you choose so plead or not. The Defendaat—Bat it I plead sow. shell I be tried sow I am charged with priblishing a seta. tioes libel. which I certainly did pubis* sae stews , ...,red I my I am innocent; I am goody as be triad now. Thu Cots, Jousrica.4 man! ulipuiat when your twat is so lie plate. Tho Morestalbaba-It I plead now. shall 'I Wiggler diaameimily of proestring hail, Mesas Mai at promo srapeeparnd ? The Casey hensaw , Tba Offset yee wpm that subjee‘w , ..uoi Mr. Daakray—Otbor pima lir how boo ÷.1 . 1 5 . •'") with tinder inliarodeen kw set been td te pet in bail. Wroclaw—Btu they did not plead. a war Cut naJusTscs—Thsey chose. I uaderstand, to avail theusselves of the time allowed them by the practice of the Coed, to consider of their pleas. Do you wish to have • similar indulgence? You can have time if yon choose. The Defendant—Bot, my Lord, I do not want this to be lunging over may heed. It is to or she greatest punishment to be kept in suspense. If I plead now, when shall I be tried ? Am Ito be kris! in suspense anti! after neat Term ? The Cntue AliTicr —All you are now requested to do is, to answer the question which is put to you. Do you choose to plead or not ? Or will you take time to 'dead ? The Drfroodant—Still am I to be kept in sus. pence bold alter next Term ? The Cut sir JUSTICE—I cannot answer that ques tion. sir. I cannot appoint your trial. The Defendant—Well. I will consider of it, snd answer in two or three minutes. How many counts are there in that information Mr. Ds• LT It T.--SeVe is. Mr. DILA LTRY new read over another Criminal Information, for the publication of one of Carlile's blasphemous libels. After this information was read over, the Defend ant we, again asked to plead. The Defendaut—l plead Not Guilty to both in formstionsb and the sooner the trials are brought on, the better. The Defendant then retired from Court. The Sottctvoa-Gkireasr. was now called upon to move, but said he would not until the Court was full. Mr. Justice Bayley being detained in the Bail Court. The Cunt► JUSTICE -I know there is a case for judgment appointed for this morning. but we must wait a short time until my brother Bayley comes in. I myself shall be absent for • few minutes, by and by. But in.the mean time we shall bear motions. Several common motion were then disposed of. The Ceiet► JUSTICE snd Mr. Justice Hotacivir left th. Court, but returned in • few minutes. _ . Mr. Justice BATLEY took his seat ott the Basch aboht hall:past civics o'clock. 2111 KING G. CARLILK. - - -•-- -------- At a quarter before twelve, this case was called ea by the Cuter Jurrtck, and the Defendant having taken his place on the floor, his Lordship said, 4 , This is an information exhibited by his Ma jesty', Attnrney-General against Richard Car lile. The first count charged— " That Richard Celine, late of Loudon, bookseller, being I wicked, impious, and ill-disposed permit, Ac. did, on the !Tat December, is the Sikh year of she reign of our re sist Sovereign Lord Gail. the Third, Ste. print sad ligh tish, and cussed to ha printed sod published, • crisis man &loos, impious , sad blasphemous libel, of sad coaceraing that part of the tioly Bible which is called the Old Mia smal containing therein summegst other thins, divers seas impious, sad bls;plesinsias waiters, of and cosiorro. beg that part of the Holy Bible which is calltd the Old Testameat. "Then a passage wasset forth from the pamphlet, in the information. This passage was read in Court, and indeed. I believe, the entire of the publication ; besides the Judges of the Court are in possession of the work, and therefore it does not seem to me to be necessary to repeat the extracts here." His Lordship then stated the second and third counts, observing the same caution with respect to the offensive passages from the work, as in describing the first. slier which he read his report of the first trial. This having been terminated ...- Mr. DUMAN rose end said—May it please your Lordships-- The Cuter JUSTICE—Ht ve you any affidavits to produce ?' The Learned Counsel replied in the negative. that his object was to move in arrest of judgment. He prefaced his motion to the Court by remarking, that as he appeared in this advanced state of the case merely in a professional capacity, any apology from him as to the nature of the arguments which he was about to submit in the fulfilment of his duty, would be unnecessary. lie well knew that Defeo dents who urged their own cases, necessarily did so under considerable disadvantages, but at the some time they had upportuuities of urging matter which could not be urged from those benches where be had the honour to sit; because minds long inured to the practice of Courts must be aware of the argu. ments which were admissible in a case, and would necessarily be expected by the Court to abstain from all topics which their profession taught theni could not be receivable. The point on which he had this day to move in sorest of the judgment in this case was, that the defendant had not been tried according to the law of the country, which had been framed to meet the offence with whirls he was charg ed. The statute of 9 sod 10 of W. 111. was one expressly enacted to meet the offence in question,and opal the provisions of that astute the pessecetion statist this Defendant ought to have been founded. The information. the present ion, and thewhole of the proceedings against him had been grounded on the supposition mid *iciest, that the offence with which he stood charged was punishable by the common law; whereas the statute 9th and 10th Wiliam c. 32, had expressly laid down wherein the ef feece consisted, and defined the penalties cease quest on its conusissioni and is so doing, bad taken it oat of the amuse of the common law, turned it into soother cliental, superseded the com mon, and rendered it punishable by the statute law only. The Act paid, that it any perms *decided Inger having mode profusion of Abe Christian reli gion. shall by wiles, preschieg. teaching, or ad "laid speaking. deny the Christian religion to be tree. or the Holy Scriptures to be of divit.e authori ty. be should, upon csavietios, be subject to tes tae penalties, specifically mistimed. He was well aware o( the objection which most or* a favour of the • whose allow We 'Woo woo -- "ierid. Lee& 1.1 . ln ' 11, 41411A10.14114 eat ‘llOO. AlmpuNwili rillllllllllll,llloll,4tise. the irt;st, Pertiate tutl Dersistiset whaimueulpiele4ipith.shut reillieular ammo .assit be finest 'APES OM statute, sod ware sot eu be institsted si ems. low. As the Defendant ass • not proceededueshietessider this amide. a he ought to hate been, ine ir4dsprived •f all show whom. tapes which a Defust charged with so seines. an offence was intsoded to have. The next SIOn was that of the King it. Wollaston. sail there the discourses were printed. hr learned ; and they were against the miracles of Christ, cossonsilises that they were allegorical. But in such! ease there w a s no denial of Christianity, and therefore it did out cou.r . within the Act. Judge B•TLEY.--There was the ease .of Hell. which was the denial of the Trinity ; seril•there the Court would nut suffer the point to he debated whether t h e proceeding ought to be at countries' law? It was decided there as in the case of the Ksog tr. Woollaston, that the isrocerdsogs for denying the Trinity were to be in the " Temporal" Corms. Mr. DENMAN submitted that the Act nosier a high the Defendant was prosecuted. took the ismer woof the hands of the Tems.oral or Law Coate. The next case was that of the Kiug e t William. where it was contended that there was no such thing 'ad blasphemy, and that profaners eta so übb ss ielligt. ble word ; but 'wither there our in other came lisd the question respecting the jurisdiction beets ago. sated. This was the argument which he wow ru structed to urge. The Cuts. Jcertcr commenced by reveling the clauses in the Act of William aud ;dory, and then proceeded to sly, that he took air as a well established and general principk of low. that when constituted an offence at commas los, and a statute is made agreeable tie the caws mon law, that statute does not take away the mi. ginal right to proceed on the common law. TIOs doctrine, his Lordship said, was laid dews. at large. in the case of King v. Robinson, by the hoe Loral Meld—his Lordship then said, that she hoe clear and determined. and the procreating ms die 'part of the Crown being regular. fioneded *like on principle, and on the inithority of decided cases, he for one would soy, that be itimeght there was oo gronud to sustain the preseist application, Sod that it therefore ought to be relieved. Mr. Justice BAILEY said, that it was not forces. very for him to take up much time in swift his reasons for refusing the application, as the point suggested by the Learned Counsel hail received a distinct answer .already, locked the decision the case or the King a. Robinson furnished a fall answer. if an Act of Parliament expressly comes.- toted a new offence—if it made that l'elatty winch was not so at the common law, then the course of proceeding pointed by the statute should be fol lowed—there the Act of Parliament should be adopt ed is two. But in the present case the Act of Parlia ment did not make that en offence wheel) was nut so before—the offence under the statute was of the same nature as it stood at common law—the Act of Parliament only defined the punishment in a ape. cilic way, it pointed out the various classes its which the offence might be placed, but it left the party prosecuting at liberty to proceed either under the statute or by the ancient caesium law. If the Act of Parliament made that • felony which before the passing of the Act was merely • misdemeanor, the case would be different, but here it left unaltered the nature of the offence, and therefore the ! wry might either resort to the Act of Parliament, or proceed after the manner warmed before the Act was made. The case of the King e. Robinson a t m clear on the point: there Lord Mansfield hod darn the law, and alluded to many cases on the subject— there his Lordship held that the party was .sot bound to confine himself to the statute, hereon the thing compheined of was also a common lair of farce. The same doctrine was established in the King tr. Taylor, snd the King e. Woollassois. In the King v. Hall, it was also acted on. In Ilse lat• ter case great liquifier was done to the Defeodant, if it be true as was contended for on the pretest asc ension that the crime of the Defendant was suet punishable at the common law. Mr. Justice HOLEOYD concurred in the priori. pies laid down by his Learned Brethren. The lair he considered extremely clear, and ussqcestionally -Milled. A case occurred in that Court three does dinne, in which an iiirliwidual (Sir al. Lopes), wets eknoicted of bribery ; the eirceinstasice oceured two plans before. and he thought himself therefore cure, but this could not avail him : Isis was an os. trace against the common law. The offeisee iis the present case was an offence against the coin awn, law ; it was so proceeded against, and lee saw sot misfits whatever for granting the present aprlication tar mesa ofjudgenent--clear as he was that the pro teins proceeding, were detect; legato. sod lira, Mr. Justice BEST mid, he was happy to twee it from the admisinse Of • learned dial jamb :times advocate, that some of the enemas which the Defesdasit wadd rely on were wheelie afield not by porsibility be wired its a Calm of Justice. The Defendant was proceeded opiate under the comae* to*. oust OM with. *tumoral! • legislative easement, the ottrace at esueseau law remains the same. Ti.. *MAW -of proceeding remains open to the party. Unless the gestate takes sway the penal eassespwritme of the sad abets the iassore :she .offence itself. Sopposiog the , statute of. Wil liam applicable to the present ease. yet that statute did Not sake sway tits remedy at cisininote law. Pint the Lesratd Judos. went inlet some observations on the stighttit, of Eliseb esh. mitt of Edwina VI. alluded to by Mr. Dimmed', .the wads of which he said were mot accurately stated 4 The gemend eouclosiovi On be drawn woo, shatimatee supreme words thew that it was net the ititreiMar of the Legislature to retain the ductrisei et thrisews. mew law, • the settled issionipie was, *me made of proceeding manned by the ne41614•16. :NS might still be permed; The statute of • %Vieth%) did set alter the astute of the °tents us jt. sheet at cosemos Ise. -What were dm ohiress sf that sou tuts sit what *lse was it passed was paned aawswiliately after thb Rreolanise. That rissite wei Work! ni mumultoletatiass ; Ibhe his who*? To Chtintiena of witiolst alas roloareitarod so trio. ifia , •• es 0.1.06, and: sap dirseusett *out; the • ellaweiPs-ihr • *pi maw ailisili , l64l4- fairsi, mods *ma . .paitosi iiimishAnst sat *wanly galas ipso masted • Ajar quits tit tat bet to defame and ridicule the Cheistirs 106044.- the mew against whose drew this statute wee ,teeettrd, end he was new proliered, if th eir Lord. Amps eaterhined Isis window. to prove, by alidevitn, that the Driondaat had bees educated in the Chortlee religion, and therefore be caste within the *ovations of thisatetate. He wrs well aware that *lit were many eases in Abe hooka which matt, mow; that preserothens pliable sort Alai& be the& / Sated at aonswee Mnt. Our a g s t el i z e 4: 6 4 .th,,, Slim el TOO l 4 iaorbitli Leed • • ammidissia jaimi listnik* !Oaths tektent . fa. i d aldt siAs dos that *me in r s v- airibsst the Wince q and • .. "