The British Press; or, Morning Literary Advertiser. — London, England, 1818-02-07 00:00:00

wady plibliehed in the French Pmen, and from them translated into the English. The commence ment it exactly the same, but the conclusion is es followi : —•• The Dey received them surrounded by his gourd, and with his seine in his hand. lint Ise fell into stsrlt a sage, that he threatened the English Consul to kite his son's head cilt.aifr, and to Inure it fizell up at the done of the Mill °PA whence, if they troubled him any further. At the request of the terri fied Colter, alt the Consuls despised for the mninent. The next day the Sardinian Vice-Consul ;toe or dered to leave Algiers." It is added-.-.4i U the half of this iw tree, it is sufficient to excite the indignation ('Pall Europe against these Barbarians." The- opinion is, that confirmation of these cireisanstances must be waited for. This account, therefor*, differs from the other in not mentioning the seizure of the Vice-Consul's daughter, nor the clothing the British Consul's nieces in a Turkish dress, but it states that they were seized in the streets, and petit' the Hiram. FllOll TIM MUNCH IRONTIIERS, JAN. 30. It is stated that the Doke of Wellington will make this tins* a long stay in Paris, where lie is intrusted with =portent negacintions in the name of Russio. England, Austria. and Primate. The Dike's own opinion is said is be, this; it is not ativiousble to withdraw the allied troops, osi ac count of the state of parties in France, which their presence keeps in check, and secures the peace of the neighbouring States. One object of the Delee's visit to England was, to provide measures to keep the British corps iu ;shoe at its full complement. A letter from Ihnrer. dated February 5 (Thurs. d:►)). says The weather becoming moderate less enlivened the passage employ to the Continent; else arrivals and departure of vessels to and from Calais have been numerous there last two or three autonot the distinguished characters arrived leave been Earl Tpums. in the Lord Duncax pocket, this day. from Calais ; and yesterday Mr. flosr, }limey acid Minister Plenipotentiary at Berlin. Sailed for Calais, the Countess De --. slaughter of Marquis d'Osuorso, French Asubsui. aador. " 'rite Princess Charlotte packet, with mail and passengers frum Ostend, arrived last night in seven hours from that port." Yesterday a Court of Directors was held *A the East India House. when Captain Titoism F. B•t.. yu k ceou was sworn into the command of the ship Aria, comigned to Bengal and Madras. Fromm] official account printed by order of the Moe of Commons, it appears. there are at present eantineil its the gaol of Newgate. under sentence of death, 54 men and 10 women. Their crimes are either robberies or futgeries. hyt nut one of them is stained by murder. They are. for the most part, young personv, two only being above 40 years of age. We frequently have had occasion to express our satisfaciion sit the rapid inerea.e of Saving Banks. throughout every part of the kingdom. and have. by every means in our power. endeavoured to pro mote there invaluable instituti 111 l s. The returns lately mink to Ike, House of Commons, however. represent this matter in a move flattering point of .sew than we had anticipated. It appears. that from the 6th of Amigos►. 1817. to the sth of Ja nuary. 1818, no less a sum than 325,051/. has been receive(' by the Commissioners for the Reduction of the National Debt. from the Trustees of the Saving Banks in Great Britain. to be applied in the purchase of Stock for the Subscribers. This sum has purchased 376.733/. of Three per Cent. Si oc L. Tlw Funds hate risen since Wrdneeday, upon the drelarat' that no plan of Finance will be produced before Cater, and the belief that no Loau even then be necessary. A letter from Stockholm announces the death of the Bishop, Doctor Vtlaqiitn, Commander of the Orde► of the Polar Star, and one of the eighteen of the Swedish Academy, in the 80th year of Ins age. As Chaplain to the Court, he was well I.nnwn fur his oratorical talents, cud was always a Leon ate ofGustarus 111. The Marquis of NAST! N.Wi has returned a neat and appropriate answer to the Thanks voted to him by the two I lollies of Parliameist. The warm and 41 feeling with which those memorials of the skill roil valour of our naval and military heroes one e rived, had long afforded reason for regret that they acre out snore publicly (Wined amidst the gem-lons 4:44 of a Build, people thin Ow!: could Le Isy a tune entry epee the Joe:vale of the Mate. Vie hail, therefore. with delight, Ow puts- Lennon that affiods us, in a concentrated view, all the leading historical events of the lair protracted war, the testim o ny of Parliament to the conduct of the lindens wider whom it was hrought to this soccrsibil issue, and the becoming leelisigs with which they accept those well-earned tributes of the gratituil, of their country. such a publication is Vie iEgis rf Eaglaud. by Mr. AlaurticE n k shit ii, independently of the above claims to popularity, it 14 but justice to say. is most ably et, I lard, and deserving the universal patronage it txl'erAccd, no leis from the army and navy. pct Irian all to whom the honour of their anus is dear and interesting. thin of the Representatives of the Spanish Qs,- vernment has received, we undershoot'. thlt 64 11 powers soul authorities to claim and receive. in the swine of his Catholic Majesty, the 400,0001. pay able by our Governnsesit oil the _oth instant, iis eitiitOrenity to the 3,1 Article of the Treaty with Spain. Strong remonstrance are to prr vent the money passing into i4s hands of kit% Fraot W A N U . * sigeliti, more particularly as It is hilt-nily believed the same is to he appropriated for the ,savoisesit of the Russian squadron, which has hires, iletoisied be contrary wind., but has at last s.riled.—(l.ceiriNg Paper./ ~ck c 4 A. ct,o-7.;- ....._4 1 , 4 ,,, 1 ..,„„ i r :''..s ORATORIOS. COVRIT-O.IIRDEN. Last night a grind selection of Sacred Music was preformed at this theatre. The principal per formers were Mise•S•rnenatts, Miss CORSI. Alims eiltoßGE (her first appearance), Mimi Faint. Mr. BRA HAW, :sIe.TIN X F.Y. IWT.THORN E. Mr. &I 1 e.t.a It. end several other eminent performers. The whole under the direction of Mr. C. J. ASHLEY. The selves' chiefly consisted of some of the finest airs of HASDEL, ARNE, CaLcorr. and other distinguirlsed musical composers. After this eon meraitewt of the performers and selection, it would he suiwriluons to add that the whole went of with a degree of enthusiastic admiration. MSS 6EOIIOE, who appears to he • very interest ing young lady, was received with great applause. She ailing Dr. Anises Hawn of I've in the finest style; bee voice is good. clear, and flexible, and her expression full of tenderness. Miss Coint was received with great applause in all her sins, Which the executed its the most scientific style. Miss STE PHENs was greeted with t h e warmest trisOrdllS. Mr. BRAILIM's stir of Alexis, was a great treat. soil the ascroininsiaiment Mr the violoncello, by Mr. LINDLEY. was one of the finest performances on that instrument we ever heard. THORNE'S Angel f Life was sung in the most impressive meaner, and with a musical taste and skill in the highest degree effective. At the end of the First Part. Mr. DROURT played a concerto on the flute. in which he itstooluced the air of Hope told • flattering tale. with his owl) variations. He was rapturously applauded. In the Second Fart, a Master Don aI.DSON made Isis appearance for the first time, and was very well received. His voice is remarkably sweet, and his execution extremely forcible. The other per formers were received in the most flattering manlier. The strength of the orchestra and arrangement of the performers, reflects great credit ou Mr. J. C. ASHLEY. The House was very well attended. WALKER'S ORRERY. Last night Mr. D. F. WALIIIIa commenced his Lectures on the Aidostranion. or Transparent Or rery, at the English Opera-House, where he will continue them every Wednesday and Friday dur ing Lent. Perhaps there is no exhibition which this season brings with it to relieve us in the absence of gayer performances, more calculated to diffuse inform.- ' Lion, and familiarise the young mind in particular, to subjects of the highest and most sublime nature, than Him periodical Lectures, which it is the here ditary office of Mr. W.Laita to deliver. By a simple and perspicuous proem of ingenious me chanical invention. the Lecturer is enabled to ex plain the most sublime phesotneua of the heavenly bodies, and to familiarise the mind to the higher branches , of astronomy. The first scene represented the annual and diur nal mot' of the Earth—the second, the Earth and Moon, with the cause of Eclipses, lec.—the third, the Tides. The other scenes were descrip tive of the probable construction of the universe. By the illustration which this simple and beauti ful machine furnished, Mr. WALKER explained the whole of die Planetary System in a clear and perspicuous manner. The house was not crowded. owing. we presume, to the unfavourable state of the evening, for these Lectures usually receive that encouragement which is due to a popular elucidation of so interesting a subject. The 111a►gttis of ANGLESEY returned to town yesterday from the Pavil ~,,,, Brighton. The Dowager Marchioness or LANIDOWN will have an assembly to-morrow evening, at her house in Albemarle-street. Earl Frrzwtra.tAlt is arrived at leis house in Grosvenor-square, from his seat, Milton, North amptonshire. Lord CHARLES FITZROY arrived in town yester day, from his seat in Suffolk. Lady. SALToutt has issued cards of invitation for a rout on Monday evening, at her house in Lower Sir GEORGE and I.ntly DALLAS and family SP. rived yelterday at the Prince of Saxe Cohtirg's Hotel, Charles-atreet, Grosvenor-rquare, front a ton r. - Sur GEORGE and Lntly W ARMEN DER gave • grand entertni sssss esti on Thursday at their residence at the Admirslty, to a part• of distinction. Among them wrrr— _ _ The Earl of Liverpool, Earl of Roaeberry, Lord sad Lady Granlliatu, Lord Maitland, Lord and Lady Binning, Colonel Disbrewe, Hun. and Rev. Mr. &Jasmines'', Alias Temple, Sce. —in the evening her Ladyship had a grand rout, which was attended by upwards or 100 distinguish ed fad Ides; among whom were— _ _ The Mike anil Duchess 47f Argyle, the Ladies Paget, Mar. rinks Juliana, Grimaldi, and Durriar, Count the Marbionevs of Salisbury, the Danish 31 buster, Lady Castle reagh, Countess Cowper, Lord and Lady Melville ' Mr. and Miss Duisdns, Lady Asgill, Sir George mid Lady Moore, Mr. and Lady A. Buckets, Lord Bisrithersh, Lord Namibian, Colonel Dawson, Mr. de Cas, Mrs. Ryder, Mrs. Arbuthnot, Mr. and Me'. E. flouverie, Mr. and 31ro. o.burue, Mr. V. Filsgerald, Mr. flay, ice. Tice Ib is. EDWARD MON CICTON, M.P. is arrived sit his Isiowe to l'ortlsiiict-place, from Isis seat its - - - - - - - HORRIT GORDON. Esq. M.P. is arrive t 1 at his I se in lirinnii-street, Uerkeley-square, from Ins soft in Donietsliire. . . The 1 . 1010, and Kew. Mr. BOSCAWEN i• arrived at his brother's (t...rd F 1.110UTIeb) lannie in St. Jaiiirs's-sriusre, troth 1111. seat 111 Herts. Colonel Owstr and Mr. OwEN arrived yecter day at Blake's from Wales; Jirstas Wslvs, limy. left ditto, fur las Brat sear Bristol. Mr. mud Mrs. LAMBERT lert Cook's Hotel, Al bemarle-street, yesterday, fur their scat its Gluuccs tersla re* TO THE 11ENBERS Vika STOCK EXCHANCL The miountteestam.ff that lllrPesys to liner Iskes place in many of Ilmsinsislic Pipers, respecting the Minister's statesmen& on the Revenue, both of Weeineesbey and Therviey Plrefoill, requires some expLinatinsi. The feet is, that sAe Remus* ail not twee for if.sroditare V 1 817 by owe Moo ',fies t a *i iwi. wad she Reosowe of 1818 is mei lily t d , we t she Krpenditare of 1818 by nearly the sabre sane; and the Minister insist therefore, iir a few week., have in circulation Exchequer Is6llsom under 66 Minims, by his own eoefessiiSs. 6 dist% Is repay the Bask. 13 dims, fee ilelleimey of 1818. torsi. 77 M UMW • Oa !wawa fund wleatever sum may be necessary to retiree the Exchequer Market; for, I believe, most people will epee with sue in thinking, that seventy-seven millions is much too large • swat to be left unfunded, at a uteMett! whg. Pomo+ kite , - elating a Lean for threi Winos. Amstrad; six, and Aimee thirty, making together • tote! itj near! forty millions sterling required by Foreign Powers. Now, I will suppose our Minister to fend thirty millions of Eachegner Bills, it will be clear that the public must have offered to them, in a few weeks, more than seventy Millions of Stock, forty of which on terms that will at least pay eight per cent.—therefore, wider such circumstances (not withstanding the daily boasts), the English Funds MR not likely to get up, but, on the contrary, in a few weeks, they, in all probability, will he consi derably lower. The Minister has informed the public, that he has purchased up more Stock this year than he has borrowed. In the first place, 1 beg to state, that when the Budget is presented it will have • dillereht complexion; and if it were correct, it would turn out that we have only three millions Sinking Fund this year instead of fifteen ; ' but the truth is easily proved by referring to the Isstintates published by the Finance Committee fur 1817, where the deficiency for 1817 is stated at upwards of fifteen millions, and the Revenue has not amounted (see statements already published), by a considerable suns, to that estimated by the Committee; consegnently, the deficiency for 1817 has been actually more than fifteen millions. The same Committee estimated the deficiency for 1818 at upwards of twelve millions, and it is likely to be much larger, us it is not probable that the Revenue (although improving) will come up to that statement by some millions ; and the public may, rest satisfied, notwithstanding the assertions both of the Minister (and lhe Courier), that he must this year, sod in • few weeks, make a regular Loan, /had Rzehegner Bills, or take away nearly the whole of the Sinking Fund ; ant the attempts to deceive the public are extremely illiberal and un fair, and can only have the temporary effect of rais ing the Funds a very trifle, and for a very few days. Or are these boasts for the purpose of raising the Funds, and then waking the Loan before the dis cussions conic on as to withdrawing the Allied Troops from France in November ? Every man (who knows any thing of foreign politics) is filly satisfied that this measure is not only in contempla tion, BUT ALMOST DETERMINED ON. Where, then, will be our security for peace, even for one mouth, after the troops retire ? Will our Funds then rise, or will the Stockholder be alarmed ? 11'ill our confidence increase, or shall we not he in daily expectation of a new war by such wretched policy ? I •m, Gentlemen, your., &c. Feb. 6, 18113. NrEttAx. TO TILE EDITOR OF TIIE BRITISH PRESS. THE BANK OF ENGLAND AND MR. THOMAS RANSON. Stn—You baying in your Papers of the Nth, 48th, mid 31st ulliiw , under the brad of Police, noticed this most extraordinary case (and without explasatioa), to the serious prejudice of Mr. Ransom ; I beg lease to inform you, that I this flay attended Mr. Ramon, accompanied by his bail, to Marlborough-41reet, at the time appuinted by lbe trams, wheu Mr. Westwood attended on the part of the Bank, and informed Mr. Baker, the Presidina Magistrate," That under flee particslar cirermstances of Ibi■ case the Bank declined to prosecute—be had, therefore, to request that Mr. Ranson be now discharged, and that the recognizances en tered into by hint and his bail be withdraws." I presume tot objec can be made by you to give ibis letter equal publicity with your former reports. I am, Sir, your obedient Servant, 6th Fritillary, ISIS. SAMUEL JONES, Barnard's Inn. Solicitor for Mr. Ranson. P S.—Mr. Ramon keeps the note in question, which, as it now appears by law, he had a right to do. On Monday, the id inst. the foundation stone of a new Roman Catholic Chapel was laid in the tinindiabgate-ptreet. iu Wigan. by the Rev. N. Ttrompsua, V. G. A number of coins were en• tiOstil in the stone; sod alter the ceremony, a very siume party of friends to the undertaking par took of a very elegant dinner, which was provided by Mr. CLARE, at the Royal Hotel Inn, in that town. It hes been tie practice io the lute I, o lterin to tlrnw only r few Tickets on the First Day. hut the Commissioners of this Lottery will draw about 3,000 Tick ets, or nearly tose•thioil of the whole Lottery, on the 4th of MAR 1111; and as the Ant-drawn are Prizes mast be all Capitals of 3,01101 1,11001. &e. akc. hemillea what may arise per chance la 5,000 Naistbers, we army bestowed thst shoot 40 Capital Prises at lewd will be draws ea the 411, of 11turek, IsehlK more than She whole Schemes o f l ate l Ai tte ries have et tttt Mord. Ittdred, Ai* MChesee is formed ost a capital Imsis at she swami' of Adventurers themselves. Moving There Prizes of 30,0001 , with 3,647 other Prizes of 5,100 4 )/.. 1. 0 001., 3001, kg. ate. he.iiles 12 Pito.s of Port fur threeillauks. APPEAL OF MURDER. or the Jiidgre to see flint there i• all proper eare and cannon is, the witifiogltsttle, even I iii,olelt theAppellee COURT OF' KINGi*C/I W' entsairrut. should have twglected to do so for Itime•lf ; and us , ~ r take nee that there be no viiiiisice in th e evidence.: Fat Dee, limn' 11. ir ur i timissweii th a t the Appellant illy mire thing before • the Coroner and another before the Jedges, fur no lITILUAst astireittt se. •11114111A01 TAIORISTOIIIO v a ri ance will i n . wilftwell.—mitl it is trite that the Ap- The argument on the demurrer, in this prate nifty defend himself- toy his body, miles...wile Male en, accenting to the directions of the G . violent presumption make opium lens, which doe. this soothing. The Court was exemseively Cr. ,s not admit of I. proof to the conintry. by memos of .-.into• M u c h t i r ge r body of persons were 111 .. ‘l4tith licessi deny nr defend the death or felony. bled in Westouni.ter Mill unit its avenues than kit As it slily be where * snail i's. taken over the dead recollect Ili Ismer seem on any preens's* stiorpisii, t ini ly w ith a blonde ksiile ; here it would nut be in isending this novel preeelsilint. lite A ppellre welt l Isis power to clear Intsirs-li." ifigoreght into Coml. by the iirivate passage, a little Lord ELLENDoRotiGH --" How can that be ? If Iti r ot e ti ine o'clock. in the vivant,. of. tliblsour, Ilse a soon weir found with Ow knife i n his hand over n l'a tipstati, and one of the keepers of the I liody recently distill if tine fart were so, might he Kiust's Bench prima. The Appellwit, accumpa- i not prove that Wittieboitrput , tlte kinfe into lint hand died by his Solicitor, arrived soots artier. Hod contsitaisslsd him to stand there, and that he At hidfloost trio o'clock their Lordships took I wits obliged so do in?" ditty places on the Bench. when the caws of Ash- Mr. Cut rrv—" . But hr the old Isla% my Lord. ford e. Thornton was called im. he ovoid be hanged norms the proof of that Net." Loral BLit:motional( —" Are the !sorties in Mr. Joistiee A astere--“•Suppose a person found r a mass flying, wish n dagger in hie body. end he CLAIIRR- 16 Tl..ey are, my Lard." took it out oitli a humane motive to save his lute, -. "111110ROUG11—. 4 'llse Appellant inny and that elide he was standing over the holly the man died, and he wit's found in that position, surely • he might prove Ins imincesice r !Mr. l'iiirrY—" My Lord, this is certainly al. tend be Strlinforil." Alr..lustice lisvt.r.v—u Tie would be hound to explain (tow lie; cline is. that situation ; but 1 sip -I,rt.s,end l ie could 1.01 v . ; C that expimmison by way of replteasitoos its :I Ctilloter-pled, but he most do it upon ' trial liy jury," Air. CI!ITTY then 'mule the following eitstion, ill worativt• of the iso•iiiitsto he itall takes. : " Like v I , s- :1 a IWr`tql shish! enter only I so. at 1614 1 11, Rita Ill.tV tinier bran 'murdered, or if there h a d b een two ..r inure there, and they 'eight sod have rai.eit so too! sit.d eri . , nor received to wound from the nit,- beri or Ohms a Ito es. 'nett the murder iii esooless vonring to del:-n(1 thrto.elve., Ise or they shall isot be allowed to i l l-11V the devils."' Lord Ettsui.noitot•co—" There is no excep tion fur a Vilsir tli s ,it.ev. A !thong!' 4 Id he hen-!rep sit the lime she outrage is eoquiliting, lie iv ;so the vitionsiols preslicitt.-st by Ilracton—and yet such a mini would be I.l.lreelly innocent." The Learned Comes, I then proceeded to read ex. tram. Irani Flew, iiii to she time of Edward 1. an d 11. chap. I, p. 47, in which It veils vet froth. of When those who are nresised are brought to trial, they must neither be in armour or in bonds. 11 they confess the charge, the judgment is eel.. dent. And in ass ispiw,sl our homicide, --- days shall Lie allowed to either part; . tarsier be denied, It will he fur put himself on Ins euutitry for the It or to defend 1 ' II by his holly, souse violent itresumption against hi nut admit of lima to floe essostroor) the motor 'Koski 111 l as that tail' slow in Lord EI.I.IINBoItOUGII.--" Dtws instancem where proof could not be contrary ? Fur Bractuii. is bailer instatiees.” Is it your misso.ott sito loot ELLKivisoittotiGll—" You apply for the Urkodoot to Mil Let it be MI." \lr. CHITTY then co iiiiii raced the argument behalf of the Appellant as follows : —" Lords, this no a Demurrer to the Iteplscation made to Cotssilerplea winch has been pleaded. by the A itpel blot in answer to a IVager of li,ule, of which the Defendant attempted to avail I self; and it Is my duty to shoe precisely the whole nf the Pleadsilx4 owl other proceedings hitherto had in the eiOV, hr fere I proceed to and• argument on the subject." Here sJe.CHITTY reid the wilt of appeal, the plea, the counter-plea, Ilse replicati iiii , and the de murrer, after which Ise proceeded as billow►:— " epos) these pleadings, my Lords. I submit that the Appellee's replication is insufficient ou two grounds ; first, because it was not competent for him in law, isa answer to the counterplea. to set out aftursliiig presumption of teller ; and secondly, that the circumstances, as stated in the replication, afford no answer to the counter plea. In discossing; this inipsatant question, I shall only make such observations sin the law as 1 sissy think absolutely necessary, and I WWII not occupy the time of the Court umsecessarily. As. however. my Learned Friend, Nlr. Reader. has intimated to me that he will skew the counter-plea it insufficient in law, it will be my duty to examine into the tight of appeal, and wager of combat, as well as to chew that the replication was not ailinissiible. I shall contesid, that, according to the existing law of the country. a person is not entitled to wage batik when there is evidence affording presumption of guilt. and it will he necessary for me slimily to in claire into the law on which alt appeal of murder is founded. It will not lie disputed that. the right exists. The statute of Gloucester, 6th Edw. I. cap. 9, provides that all appeals of death shall lie pursued within a lad Use 3d of Henry in cesea of homicide., a year and a day . mentions referred to ' 'Chen • that piotik 4 that such site Briton, t . was set fort things might destroy the right of WC rutty, " for if the Appellant he seleybeNted, within the age of 14, or beyood the ordained in holy orders, or a woman, can aid himself by matter of record, say, • and this I ism ready to prove i Court shall award.' he or she !droll not hose's ilinror o F. IS e, was then wit forth—" And in case where battle joined, and there was no witness, personal action used to help themsel miracle of God iu this way--. 4 If were a woman, or of such a condition could not join battle, sod the Plaintiff' netts to !trove his suit. then the Ilrfer clear her credit by the monocle of God, proof to the Plaintiff: mid in the Contrary lima only belonged to the {lanai are deters causes woad the Deferadaut of battle ; fur it is raid that if an Winged. au appeal, and the Defendaut that lie is width, age," Scc.— Lord ELLENSUROUGifis—•s Does age ?" jr. CHITTY— t ' No, my Lord ; to say • And the Justices hare Men he should be brought to mower the Appellant, and that the Defendant advantage to wage battle ; and it dieted tUr a felony or murder, he buitle'." The next authority to which the I gel referred was Stuumford's Pleas pub:iehed iu the year 1514, which p. 176, set forth " Trial by battle which the Delemlaut id appeal of fel (that is to fight with the whether he is guilty or titit. And , the battle is• so favourable to him, tftlille pus opponeut, he will forthwith his appeal for ever. •This is an ancient law, and one much used in time pawl. divers precedents iu times of Hilts, Henry I V.—a mode nut now so disused, it way he brought brio practice again , if the Defendant mid there support the counter-plea or the other the same author, cap. 15, page 178: " The reason why a matt has a right this—that there wart, or is 110 erides. nutter apperrrisig against him to prove of a felony, but only a hare occultation Plaiiitiff or plaintiff's, who are not 1103 . /411 in their writ cause."—lo the was stated, t' Th,,t if there be any serve the Plaintiff's presumption, mull mid cause be true, he shall on, ant of late trial by battle. for its tit_ perint dritranda judgment of death Alflntilees It is wore reasonable th hazard his life with Deferidsot it if the Defendant requires it, or the country, which, for want he ignoiasit of the tomb- r, and n tot verdict. And, theeefate, lie should TN. latter statute acquittal of the App►et by miry bar the Appellant from instituting his appeal— for, by that Act, he retained all his rights at com mon law, just as if no such trial had taken place. Upon these I ►ubmit that an Appellant is to hive the like advantage upon a writ of appeal as if the case had never before been tried. I shall now cite the authorities upon which I shall contend that where them are circumstances which sitii.r4l strong presumption of the guilt of the Appellee. there lie is last entitled to his wager of battle; and upon the aims authoritiee. I shall contend that he cesium apply other facts in his replication►, which would be mere matter of defence on his trial by Jury. I pro pose to examine these authorities as they occur in point of time. The first authority is Glanville, who wrote in Hen. 11.'.. time, in the year 1154. There's not Much in this book upon the history oldie wager of battle, or where a party shall be ousted of that isles; but I will state what he pays on the subject. It is Ream's translation of it, lib. 14, cap► I, and plac. 350. •It appears, that. if there is probable gr►und for suspicion of the guilt of* person, he ►hall not be allowed to try the question by battle, but the trial shall be by. ordeal. The accuses mat• decline duel on account of his age. or by reason of mayhem alstl then the accused must purge himself by the or deall of hot i or water.' Then, my Lords. iu the PaMe work, lib 14, cap. 9, plac. 353. where the patty is charged with the fraudulent conceelaieul of tree sure trove. the wager of battle cannot be permitted : and in the same chapter. plac. 357, it assya...-s II a person be appealed of homicide, he is sometimes obliged to undergo the legal purgatina.' If, for Mourner. lie were tuketi its flight by a crowd pur suing him. and this be proved in Court by a Jury of the county, then he cannot plead wager of bat tle." Mr. Justice 116sYlf.sit 44 What is the expression in the original language?" Mr. Cuirrirl. I have not brought it with one." Mr. Justice ELtri.ty—•• Because it is an ex traordinery circumstance to prove a thing in Court by a Jury of the county." Mr. Cuirrv—" Your Lordship knows it might appear upon the trial of a collateral issue: as, for instance, in the emus of an escepe. The next au thority which I cite to your Lordships is Bracton, lib. 3, cap. IS, Woe. 136. This work was written in the following reign, the reign of Henry 111. and the title of this chapter, among other things, cotitaitts ' Flow the Prisoner should be brought into the pre sence of the Justices. and why 11w Jo.ticets ought to make examination on sager of battle or trial ;" and fol. 137, letter A.. after stating how the party is to be tukros, the following is laid down When a person thus taken is to be brought below the .1 us. ricer. he is not to be brought up , with his hands bound. though his legs may be fettered to present his escape ; and if. Rite,. brought up and accused, lie confess the crime, the judgment is manifest and if he deny and defend the imputed crime, and any Person appeals him in lawful ls of appeal, he shell have his whether he will pot him - sel on trial, or defend himself be his body.' It then goes un to state, my Lord, that it is the duty Kc. Yi 7 , I -- .. m „ year and a day arm, th e twat.; e. ....Hurry—et Fi e r a lenry VII. call. 1, provided don, I stainers exactly iis those rrl le. appeal may be bromeit vritbiss Mr. Justice lisTLEir— , P after the death. sod the plea of ouly u cope of Bractoo in ihall Woe bar tat 0 ..4k etturty admitted established the doct rine, ifrtfirti proceeded to esti ippellee by the country did not ! tat. Amtrak. iii which it ; •• ii • 1 1 . 1 ' - 4 1 1 1 I v • 4 . , " ' ~ f' i, ornitirig, lie iro in the mon—airri yet torch a cent." I proceeded to read eft. or time of Edward 1. which It sot food,. closed are brought to 1 . • in armour or in bonds. the judgment is evi. • r honsocidir, no essoign •r party. But, if the re fur the Appellee to or the trial of iris guilt, body, usslrss there is ;wrist hies, wlt;rli doe% coronary." This was dow in Bractor,. 134 w, Fleta mention not Ire received to the • • rather uulucky in his lentions the same inw red to by Urroctooo." • '1 Their Virtu is its fact wt poticuler ?" 'tat buch as the fief, Into% cap. fl, p. Is set flails. drat moot- t of battle iu every Im- •t he surtykemed, or be uod the age of 70. or • I woman, or if a men N. 9 record, their he shall 1 • r prove in any way the shall not wage battle." then cited, mid It set . e battle could loot be 'limas. tire people Ira nip thernsrlvrs by a If she ▪ coroditinti that she e on wit_ the 1/efrodant might le of God, or leave the the contrary crow the Plaintilt,' arid I Imre )efendrut in all Hormel at if an ration on age m Defendaut slorweth Does it not state what .ord ; but it goes on e !kris of opirrioss that rr the appals( of flow fendinit loath Inst the nil it a party be in. ler, he shall root wage 1 • :It the Learned Correa ls Pleas of the (.rown. which in 3d b. c. 13, • battle is another trial al of felony may elect Maid) by way of trial , And of the event of to hint. that be over.. Jail With bar hires from )rs ancient trial in our SIC paid, as appears Ly of Edward 111. mid oar disused, loot that lice again lit lIIIS 46). • • d there is melting It, the other party."—lii ge 178., it wm.. stated. 1 IA right of • 1 ppe...1 14 3 evident or pooliable • I e to 'prove Irian guilty are accusation of the are not credible, wit- -to the same work it j be any thing dist use' t, wirier, that the trot .• shall oast the Defend. rr in that the Air- I o f death aganost tom! rouble that be should olosot in trial of the o • ins it. than put loins !mil el evidence. may •S n torn ari enormous should leute (...;ord, to • •