The British Press; or, Morning Literary Advertiser. — London, England, 1826-08-08 00:00:00

ST.4TE PAPER OFFICE.-IIfILTON. In the Preface to the Rev. Mr. Todd's forthcoming new edition of the Lift of Milton, with many additions, "de rived principally from documents in his Majesty's State Paper Office, new first published," speakin of such State Paper Mee, it is mentioned that "it occurred some time sttice to the P••puty Keeper of the State Papers, Robert Le mon, Esq. that, as the official life of Milton was known only as to the fact of his having been Latin Seeretoty to the Council of State during the Usurpation, an inves tieation of the Orders of Council might discover new hots relating to the Secretary. His searches were repaid with ample success ; and his Extracts from the Council Books were transmitted to nie, with the kind approbation of the Iti ; slit Hon. Mr. Secretary Peel, early in 1825. broks, from which so much cnrious information is Thi derived, contain the daily transactions of the Executive Government in England from February 1646-9, to Sept. lo i s , ;, in uninterrupted succession ; and are particularly valuable from the dissolution of the Long Parliament, in telt, to the death of Cromwell, as, during the great part of that period, the Council of State combined the executive and I endative functions of Government; and these Order nooks, Mr. Lemon adds, are the authentic, but hith-trto eakie.wn, records of their proceedings. But besides these, in the same cffice, there exists other documents, entitled Royalists Composition Papers They comprehend two distinct Belies, the first of rations of Royalists to th • Commissioners for Sequestration, of the orders of' those (:ornmissieni.ns respecting the requeetration of estates,of the r.vorts of their suborelimate officers, and of the correspon db nee with Sub-Comminioners and other Agents in every rail of th.., kingdom. The second series exhibits the ori gii.al particulars of propetty and estates, for which Royal ist- were permitted to comgound on the payment of a tine. Tito•e papers are peculiarly valuable, in illustrating the history, as well as the various property of individu tCwoughout the kingdom, during the time of the great • ,'•ion. Of tbes.r. by toe eontinucd industry and accurate • !ion of Mr. Lemon, no less than 167 folio volumes • . Linn recovered and arranged, when (in 1826 also) lie • • emitted to me from this in valvable collection, the sequin • I.:ti papers relating to Mr. Powell, the father of Milton's .• v:ife, in which Milton himself is particularly concerned; ;•• to Sir Christopher Milton, the brother of the poet. thll.2r papers and letters from the same Office, alike un krown tiil now, and of the greatest service to the biography ei have since, at various times, been sent to me 1:e OM gentleman; empowered ache wakat all times so to L.•, from the very first exertion of his kindness, by the p -tr:tsion of Mr. Secretary Peel; to whom, and to Mr. i':•Oir Secretary Hobhouse?, I acknowledge the greatest rl:lptionf , , as well as to Mr. Lemon; and to whose in t•-•mality the public is indebted for what is now told e,i di: Poet, or his family, and of some of his works, which e .-e.r was before in print, APC Ainfile of the Poet's hand er:-;•ir:••, is given from a document in the State Paper Office. The third section of the " Life" is " from Milton's ap p-,1• onion as S,•eretary for Foreign Tongues, to the Realtor o` is ing Chula the Second." It opens with stating— " The Book of Orders of the Council during the Usurpation, I.:rveil in his Majesty's State Paper Office, presents the P ai,lrt4Fcil by . a Committee, appointed for the purpose cf inviting 11;m into o ffi ce, ;bout six weeks after the I,irtyriloin of the King." Then follow an immense num- Ler of seleetioes from the Council Books, after the note— " Now first presented to the public rye, excepting three or four extracts embodied in Dr. Sunine•r s Introduction to his cunt translation of Milton's Treatise De Doetriad (', •i,efiii.);:i." The following are portions of this part of the That it be referred to the Committee [eormistlng of Mr. :16.ke, Sir Fhoiry Vane, Lord Lisle. Earl of Denbigh. Mr. .n. ,Vr lisle. or any two of them] to spoke with Mr. Mil a whahrr he will employed us Sccraary fur thc 7' `.r. ; and torcpert to the Calmer% !. !Ca eh 15.--OrAtred that Mr. John cia- Sr d ey fin Forreigae Tinigues to this Cantwell; and liAvt tile same silage which 31r, Weckherlyn formerly e same service. t., March 22.—Ordered that the letters now read be sent imburgh, in behalf of the Company Gl' Merchant Adven : be approved, and that they be translated into Latino by .lane 23. —Ordered that Mr. Milton doe examine the ,er agm.ll2.- us, and report what he finds in them to the nc Note.—The .11 , p:writes Propnetieus, a newspaper which made s tint appear.ince in September 164. But the especial direction ere point., pe:hep. at the " Mercurius Pnignisticus tor King .harks April , cr.49." This Newspaper was properly imp n%st4l for A hail. But we find • Ilerctirius Pragmsoicus revived, I, Joni: 30, 101." See Nichnles Lit. A r.ecd. v. ir. p. 48.1 • 1ii49.:), Jai. it _That Mr. Itliiton due prepare something in -vaa to the beak of Saimipioa, and when be bath done itt bring to the I outtc:ll.' But it i, remarkable (says the Rev. Mr. Todd) that no pre. nmatid, or request, is found in these memorials respect. a:.Tivir which 3111 ton produced, in the latter part of Iti49, ion 80, :Ii r le, or PoPteoitaire of the late Kirg itt his Soli. S, sings." May 21—Ordered, that Mr. Dune doe proceed in the ltting of Mr. Milton's Ilooke, written in anower to the late !eft !Stake, and that it be left to 3lr. Frost to give him such re ;.l for his paints as hee shall thinke fitte.' " • • • • • • • " There is an original letter from Milton to Bradshawe. in 1.-11 .if llarccll ; and to this application Marvell, no doubt, Tel his Futvwcpcnt introduction into office. The letter endorsed 11.noltratk the Lord Brad:hone, remains in his Ma sty's State Paper Office, and was discovered while these pages trT Itivitug through the press, by the gentleman, to whose zeal rid r.-curicy I have been Indebted for copies of the literary and cli: cam! eurimiti:a which the present and the preceding section - • &e. MY imni).—Hut that It would be an interruption to ye Wilefti!l yor studies are perpetually imployed, I Phould art anl then venture to supply thus my enforced absence wth line or two, though it were my noels , busdoess, & thut would e nor s!igle one, to make my due aeknowletlgments of yr many ,coures ; %eh I both doe at this time and ever shall: & have nit lankr, rich I thought my parte to let you know of, that tot will be wth you to-morrow, upon some occasion of bushes, gentleman whose name is Mr. Mara ilc; a man whom both by ;tort, and ye converse I ban had wth him, of singulart desert r ye State to make szte of: who shoe offers himselfe if yere • any iatploymeat for hint. His father was ye Minister of & he 11.1 th rpm four yeares abroad in Holland, Fratfee, • .y. Si.a:ne, to very good purpose, as I bekrve. & ye ,:neing of dolt! fu• !a-guns , es; besides he is a schollcr, & well . I e Latin & flre k sullen; & nue doubt of an sp. and CallVfr.ation, tor h.: csnis now lately out of ye hum of loud F.crefax. who) was General, where was intrusted some in tr :c4ons in ve languages, to ye Isdy his epo t ye d:ath of Mr. lirukrriv, ye Coon t'iMke yt 1 shall reed any assistant in ye perform. Flee? (though, for my pt, I find noe encumbrances bJongs to me, except it be in point of attendance at a tit Ambassadors, wch, I must confesse, in my con. for) it would be bard for them to find a man yt ptirmse as this gentleman, one who I be. 3ert ti,.e would be able to doe them as gond service us Ti.i*. my Lord. 1 Write sincerely, without at any nd t:iln to I erforme my duets to ye publish, in helping ca :.;.,1; si!rvant ; laying aside these jealousies, awl that r 'vet mine mane condition might suggest to me by bring. c in t ,- ;.inr remaine, " yet most obliged, and faithful servant, " JOHN 3111.T0N.111.6.g•F1. Marvell's :regard for Milton (adds the Rev. Mr. Todd), es usually plaited to Parudisc Lust are an elegant r. A scln .1 her ! . ..,).:41,ing of Milton's Praltsity, the Rev. Mr. T. men at p. 295, " that Deborals, the third daughter and welt favourite with the Poet, was the only one who i:al children that lived: she married Abraham Clarke, a weaver in Spitalfields, and died aged 76, in August, 1;27. She had seven sons and three daughters, of whom wily Caleb and Elizabeth are remembered. Caleb migra tit to Fort St. George, where, perhaps, he died ; Eliza- Leth, the yrringest daughter, married Thomas Foster, fl weaver, in SpitalCelds, and had seven children, who all In section ix. termed " Recapitulation and condu ti," p. 369, the II:v. Mr. T. states—" To the concluding - of Mr. Wharton, in the seventh section, in which • Clarke, the grandson of Milton (who migrated to the hist Indies), is mentioned, I am enabled to add, from the • communication of Sir James Mackintosh, that he was clerk of Madras. Ilis children were the last de -,:ants of the poet; but of them nothing further is Milton became acquainted with the celebrated Galileo, 'born many biographers have represented as in prison when poet visited him. But Mr. Walker has informed me that Galileo was never a prisoner in the Inquisition at Ho rnet', although a prisoner of it. On his arrival at Rome, en February 10, IG3q, that illustrious Philosopher had iurrcadered himself to Urban, who ordered him to be confined for his philosophical heresy in the Palace of • .4.* ROME CIRCUIT. CROWN SIDE ROGER CnESLEY. , T'llE BRITISH PRESS. MAIDSTONE, AtTO. 5. Jame* Hook, William Batter, end Abel Ftrawir, young men of respectable appearance, were indicted for asmulting and violating the person of Jane, the wile of James Murrell, against her will, at Tente, den, on the 20th June lave. . . Mr. 1). Po ttoc x and Mr. Al ARSIIAIN condncted the prosecu tion and Mr. A r D. , EWB anti Mr. CLARK:Iog the defence. This use presented some circumstances wholly unprecedented in the records of crime. The oldest of the prisoners was about twenty-seven, and the prosecutrix was • woman turned sixty, and extremely infirm in Isealsis. She had been the mother of twelve children. It appeared that the prosecutrix was addicted to drunken ness, alhough a woman of respectable appearance. About five o'clock in the afternoon of the 20th June, she was out walking with her husband in some fields near Tenterden. She had been drink ing spirituous liquors, and was then nine's inehnated. lice hus. band having occ +stun to go to a village at some distance, left her to find her way home alone. Shortly after he left her she dropped on the ground in a state of insenstbili y. Whilst in this condition, it was alleged that one of the prsoners Came up and caviled her into an adjoining field, and there, being joined by the others, they successively emoted the offence imputed. Two of the prisoners are stated to have repented the offence three times each, and the third twice. This was alleged to have taken place in open day, and in the view of some other young men. none of whom had thehumanity to in terfi re. The prosecutrix was discovered by a female friend, exposed in a disgusting situation, and carried home. She did not tome to latr senses until tour o'clock the following morning, when she found herself In a deplorable situation from the injuries she had received. During her insensibility she was utterly unconacioga of what had happened. In the outset of the case a question arose, whether, under , such circumstances, the averment of force and against the will of the pro.ectstrig could be sustained, else being unable to make any resistance, and having no power of volition on the occa sion. Mr. Justice llnt.novn sail he dicreld not decide this point ; but, if necessary, would reserve it fbr the consideration of the twelve Judges. After the evidence for the pirtlecotion was gone through, a doubt arose as to the proof of an essential pint of the crime alleged. The Jury, under the Learned Judge's direction, found the pi t toners Not aunty. - The priaonera were then arraigned on a feeend indictment, charging them with an a‘aanit with intent to violate only. To this th e y pleaded Not G u ilty, hut exercised their right of traversing the indictment until the next Assizes. . - The Assizes are not expected to terminate before Friday next. THE DOWAGER LADY GRESI,EY AND SIR "The fashionable world is much occupied with • charge of lunacy preferred against a Lady by her own son. The am Wall to be tried at Berwick-upon-Tweed. Applications were made to the Lord Chancellor on SVcdne•day (which he heard in his private room), to remove the inquiry to London; and the affidavits were so strong, showing the Lady's correct, however eccentric, conduct for years, that the application was granted, and the inquiry, if pur sued further, Is to take place in London. The body is • great reader, of extraordinary memory and quickness. and hence appears eccentric to the world in gencral."—Norsing Paprr. - - - - it is better to waive the mystical mention of names, which only excites enrimity without gratifying it, than to leave the public merely in possession of the vague information which the above para graph would convey. We regret to state that the Dowager Lady Gresley, and her son, Sir Roger, are the respectable persons to whom it relates. The lady against wham the application his been made was an heiress, and is at this moment in the independent pos session of a very large fortune. She claims one of the proudest descents In this country, and she presided for many years, sur rounded by a circle deeply attached to her, over the freqttent and splendid hospitalities of her husband at Draxelow Hall. ire are in possession of the whole circumstances of the ease, and of what passed at the private hearing in the Lord Chancellor's room. It may not be uninteresting for the public to know, that the Hon. I Baronet and his mother, since the marriage of the former, have not been on the best terms with each other, on account, as is said, of the match between Sir Roger and the accomplished daughter of the Earl of Coventry, of which her Ladyship, for reasons with which the public lave no concern, did lint approve. Ilex Ladyship, we have reason to know, even applied to the Lord Chancellor, with a view to prevent the marriage, and she has always refused to receive her daughter-in-law. She was also averse to Ira standing either for Eversham or Litchfield, for both of which he stood, and was unsuc cessful, during the late Election ; but willing to advance a consi derable sum for the attempt in another borough. These circum stances, however, are foreign to the subject of the inquiry, which is the state of mind of Lady Greeley. TIIE Coax LAWS.-Mr. Dualy ? the intelligent Secre tary of the Hampshire Agricultural Society, has addressed a letter to the owners and occupiers of land in Hampshire, in the prospect that a revision of the Corn Laws will form one of the measures which Ministers intend to submit to the new Parliament. The object of the writer is to show that asystetn of prohibitory eludes on the importation of foreign grain cannot be ultimately beneficial to the British fanner, and that a cautious and gradual approach to the principles of free trade cannot be contrary to his per manent interest:— "From the introduction of such a system (says Mr. Duthy) It is my fi'm persuasion that farmers have little to fear. Some mind , *ion anti some depression of prices must probably take place, from the effect seen of opinion and speculation at Its corn ruenceinent, but not more than we may espect under our pre sent system, whenever either an unusually fertile or unpro ductive Itsrvcst shall take place ; events, in our variable cli mate, frequently occurring. And when the period of tem porary embarrassment has passed over, we shall not have to return to the same perilous and intricate path in which we have been some time travelth g. but we shall be placed in a broad and straight road in which we can exert ourselves with freedom and security. If some land should be thrown out of cultivation (and not mu& is likely to be placed in that situation), the rate of profit on the remainder will be increased; if the prices of corn fall in some degree here, they will rise in a corrresponcling degree abroad. If we pay for the imported cern in gold, as some fear may be the case, this rise of prices abroad will be considerably enhanced, and if we can, as we surely may, reduce our own cost of produe.ion, by an abatement of our talcs and other burthens direct ly and indirectly incident on agriculture, we may gradually bring our prices of produce to be more commensurate with those of the rest of Europe, the imin eircutnstance thut is wanting to insure the stability of our national greamess. We must never forget that, if comparative freedom of trade shall prove conducive to the general interests of the community , it cannot be prejudicial to the perma . next interest of agriculture, which can receive no protection: no en couragement, so effectlial, and so lasting, as that which arise, from the general prosperity of the country." PARIS COURT or AsslgE..—Peter Dumont, who re turned about six years ago from Algiers, where he had been a slave upwards of thirty-four years, was charged with stealing a watch from one of his 14110 w-workmen. The evider.ce against the prisoner was strong, but the foliowing appeal from his counsel, 111. Select:tee de Sacy, procured his acquittal :—" Will you over. look," said M. de Sacy, " the thirty-four years of suffmng of my elieut under the yoke of the Moors, when, a martyr for his God, he preferred slavery to liberty and opulence, which were offered as the price of abjuration ? Ah, gentlemen, if after so many years of heroic courage, he is to he again punished with imprisonment, let it not be in the prisons of his own cnuntry,with the refuse of society! Send him richer to Algiers, where he may bear with patience, but not with disgrace, the evils of his fortune."—A very genteel looking man, named Leroux, and two women, his accomplices, were chargedwitb having smh:a several diamonds and other valuable articles from jewellers. The mode of theft adopted by Leroux was novel and ingenious. le carried in his hat a number of carti4 with patterns of brooches, &c., on which was spited a quantity of bird-lime ; on laying down these cards under pretence of comrnr. log the patterns with the articles exhibited, he generally centrived to wry away at least one diamnad, which adhered to the bird.lime. One of the witnesses deposed to having lost a very large diamond in this way ; on the occasion of Lerouirc visit to this witness, he said on quitting. after having purchased and paid for an article of trilling value, " If I am satisfied with you, I shall return and take something more." This evidence excited a laugh, in which the witness and Leroux joined heartily. Leroux was condemned to seven years' solitary confinement, and his accomplices were ac quitted. - - • House: STE ALING.•-•—TIIC horse fair at Winchcomh, on I Friday last, drew together several desperate gangs of those ruffians who make a trade of their deptedaions; and, still regardless of the i awful example recently made by the severity of the law, carry on • their felonious practices with as much daring as if the arm of justice were never destined to arrest their career of guilt. On the occasion to which we immediately refer, the streets of Winehcomb were infested with thieves from every quarter of the county, end especially from the Warwickshire. Oxfordshire, and Bristol districts; we have consequently heard of not less than eight cases iti which horses were stolen, and eighteen in which pockets were picked, besides multifarious offences of a lower grade : thus did the rogues pursue their avocation with success proportioned to the depth of their . schemes, and the hardi hood of their undertaking. An experienced farmer, who had for many years attended fairs, was at last doomed to be one of their victims, nay, the very first ; far on pretence of making trial of the paces of the horse on which he rode, he suffered an apparently re spectable young man to jump into the saddle,' while he took charge, of a showy but worthless animal, which was offered him in ex change, when the thief, turning Lyons. round, with " flood bye, farmer," galloped off with his prize, and was speedily out of sight. Amongst other horses stolen on this occasion was a valuable cob, the property of Mr. Creed, of Cheltenham, solicitor, who had sent his-clerk, Mr. Jones, to the fair, for the purpose of selling the animal. The thieves were pursued by Jones, a Mr. Smith (who received a blow from a bludgeon which threw him from his horse and split his hat completely), and one or two others, but they succeeded in catering the recesses Of Wych wood Forest, with their booty. This Forest, it is supposed, contains caverns fur the reception of stolen property, and as none hut bandits can safely entcr it, dangerous precincts, the pursuers were Obliged to relinquish the chase. >ss misc. innsgts 'jai the t little, a lack i s eovcra , s of the icmory, cs with legends, Lth—in , or the ale pair. lat. have th Fey - . he dress. ince her ay. telligtmt ng there lIMISC to re of re- Ireland, vance of the Ar so for tu ad," but accepted 'his hap were his prevailed ,nth, his ,otl town time for er agent, exorable. bug va who re. now no 1, INou n 44112011 deep- kid diets bad dl Arra mac " ~. im i 4.1 the Trinita de Monti. Here he remained five months. Having retracted his opinion,. he was dismissed from Rome; and the house of Monsignor Piccolomoni, in Si enna, was assigned to him as his prison. About the be ginning of December, in 1663, he was liberated ; and re turned to the village of dell auto, near Florence, whence he went to Areetri, where, a is probable, be received the visit of the English Bard. Milton himself has informed us, that he had really seen Galileo; and Rolli, in his Life of the Poet, considers seine ideas in the Paradise Lmt, approaching towards the Newt' nian to have baen caught at Florence from Galileo, or his disciples. CORBETT, STRAW BONNETS, 4e. (From an Account of the Tnp of the United Kingdom Steam- Packet.] Ire passed close under the stupandonx cliff* of the island of Iloy, and, on entering Stoniness Bay, discovered the beach lined with spectators, whom the novelty of a steam vessel had attracted to the shore. As at fobermory and Stornoway, the United Kingdom was in a few minutes crowded with visitors, and besides the common people of the town, several parties of ladies and gentlemen came on board, and expressed themselves very highly delighted with the splendour of the ship, and the extent of accommoda tion it afforded. The passengers went on shore, and the whole stock of gloves, of a manufacture peculiar to the place, was soon purchased. A most extensive manufactory of straw bonnets is established here, and the specimens I saw were much more beautiful than any Leghorn. They are in great demand, and sell as high as four pounds on the spot. Rye, when sown very thick, and on rather poor soil, produces the straw most valued for this manufacture. Throughout the islands several thousand women are kept constantly employed, and I should think that its introduc tion to the Hii.hiands of Scotland would tend greatly to benefit those district'. One of the passengers took occa sion to dilate on the advantages of this manufacture, the introduction of which he attributed to the notorious moun tebank Cobbett. An old gentleman asserted that it had been a manufacture of the Orkney Isles before the name of Cobhett was known. 1 hope it will continue long after lie is forgotten. Captain Oman, who never allowed an opportunity to escape of increasing the comfort, and add ing to the gratification of his passengers, had been employ ing himself during our stay at Stroinness in getting in a Purply of fresh beef, water, eggs, milk, fish, poultry, &c. I suppose he found it no easy matter to supply a hundred and twenty unsick people, whose appetites were not dimi nished by sea air, with a sufficiency of food. He had now, however, plenty. I must not forget to mention the poor fisherman of Stromneas, who, you will recollect was along, with his wife and a boy, driven out to sea in a small skiff,' and almost miraculously preserved. We brought them with us from Greenock, and their story made a deep impression on us all. Nearly six pounds was collected and given them, for which they appeared most grateful. It will ena ble them to buy a new boat, and clothes for their children. The poor woman had been in very bad health before the I accident, but is now quite well : the fright, she save, has cured her. We left Stronmees at five o'clock on Tuesday ' afternoon, and saw the tide ill the Pentland Firth in great perfection. A small sloop, under all its canvas, with a light breeze from the west, was carried round and round, and even the United Kingdom did not steer with that pre cision which she did in higher seas. When off Wick, we encountered the herring fleet, consisting, as we calculated, of nearly 2,001) boats. It presented by far the moat animated anti interesting picture of British enterprise and industry I ever saw. The boats stretched from the Bay of Wick to where we were, a distance of nearly six miles, the space be lug completely coverall with them. 'f he number of sea men engaged in the fishing at this station is supposed to be 12,000, and it gives employment for several months in the year to upwards of 20,000 men, women, and children, at Wick and the neighbourhood. We hailed a boat, and were told that the fishing last week had been tolerably successful, but that on Monday night very little was done. The same gentleman who praised Cobbett took occasion to remark that " steam-boats had done much to destroy the character and'usefulness of English seamen." " Ay, and so they have," said a jolly-faced gentleman, whom I understood to he a wealthy Liverpool merchant, "so they have indeed, Sir, just as gas lamps have destroyed the character and use fulness of lamp-lighters." This morning, when off Peter head, we exchanged three or four passengers for several hundred fresh herring', the production of which at break fast forced us to forget the companions we had lost. I need not detail our voyage further. What 1 have already written is sufficiently dull and uninteresting, and you will as glad as I am when I close this long letter by telling you, that, after travelling 750 miles, in 73 hours, excluding stoppages, I landed at Newhaven at 7, p. m., delighted with any trip, and greatly pleased with the many intern gem and agreeable companions the voyage bad made me acquainted with. FATAL. ACCIDENT.—On Monday last, about half-past one o'clock, r. at., the Rev. Mr. Perkins, of Brixham, left that place in his boat. lie had rounded the Bay, seaward, visited Torquay, and was on his return, when about five r. st. a thunderstorm came on ; the lightning was most vivid, ►he wind sprung up, and, veering to every point of the compass, blew a complete whirlwind; the boat encoun tered one of its violent gusts, and with its inmates (Mr. P. and an old boatman) instantly disappeared. The accident was seen from Torquay, where the Rev. Gentleman bad just left, and a boat put off to render assistance; u the persons in it neared the spot they saw a person in a white shirt swimming and vainly endeavouring to buffet with the tremendous waves that rolled into the Bay, but before they could reach near enough to render assistance he bad sunk. Mr. Perkins will long live in the memory of the inhabitants of Brixham, by whom he was much beloved ; and we regret to add has left two children to lament their loss.—Pllimouth Herald. DREADFUL ACCIDENT.—On Sunday night about twelve o'clock a poor Irishmin, of the name of M'Aulay, met with a melancholy accident in the Saltmarket, Glasgow. At the above hour Mr. Watt, of the firm of Messrs. Conner and Watt, wine and spirit dealers, was alarmed by a vio lent knocking at their cellar-door. On learning the cause be instantly admitted a party of the police; on going to one of their back windows they found M'Aulay lying quite covered with blood, in a state of absolute nudity, speech less and insensible, and groaning heavily. It appeared that he had fallen from a window in the fourth storey ; his skull was fractured, his jaw and breast bone and four of his ribs were broken ; his left arm and his left thigh were broken in two places, and his left leg was also broken; he had besides a number of slight bruins and contusions. Mr. Watt promptly produced a por tion of his bed-clothes, in which the poor man was car ried to the police-office, and be was subsequently conveyed to the Royal Infirmary, where faint hopes are entertained of his recovery. M'Aulay belongs.to the county of Done gall, and he arrived on Saturday night, with a steam-boat, in order to take home a friend of the same name who re sides at Campsie. SINGULAR CIRCUMSTANCE.—The Setter belonging to the boat at the Preventive Station at Leap, relates the fol lowing:—That being on the usual look out on Thursday morning last, he saw, drifting up the West Channel with the tide, a small boat or punt, apparently without any one in it, but on pulling along side he found in the bottom of the boat an old man between 60 and 10 years of age, ao very exhausted as to be speechless and without the use of his limbs, but upon remedies being applied, he recovered and gave the following singular account of himself. lie stated that he belonged to Portsmouth, and that lie had been to Chichester in his boat to sell some things, and was returning out of Chichester harbour, when lie hoisted by way of sail (the wind being favourable) an old bread bag, and that on reaching the mouth of the harbour he found his limbs become so useless that he was obliged to lay at the bottom of the boat and leave himself to chance. Ile drifted out to sea by way of St. Helen's, and had actually been driven by the current c9inpletely round the Isle of Wight, and came in again by way of the Needles up the West Channel, when picked up by the Leap boat. The man was sent over to Portsmouth from Leap by the Pre ventive boat, and is fast recovering. The above must appear to every one a most extraordinary circumstance. Those who are acquainted with the tides and currents round the Isle of Wight will be able to form a pretty eor , rcct opinion as to the truth of thisstatement. LAW NOTICES. COURT OF CHANCERY. BLVORZ Sill LORD CAANCIiLLOi. IN ' ----------- NAIL. TUN DAY, AT TIN. Es-parte Braithwaite, lunatic petition, per order . Powell r. &intuit, exceptions, per order Cate Petitions. Attorney-Generril v. Ruch:•ter Green v. Thompion In re F.lvr two of Co roner of Stafford Eilward.. v. Rokeby Con.t r. Harem We'.t v. Heath, appeal petition Bowe. r. Strothahone, two petition. Lunette Petitions. In re Webb Frank, two do. Barstow Waters r. Taylor, part heard Cowell v. Sikes, appeal petition Cullen v. Trlmbey Knowles v. Giqin Benham v. Strsthiaore Miller v. Elkins, ap. Riri and v. Cluivnbers, petition and demur. ntkinv V. Manta iieinifv Mon,on Brummel V. 11.Pherscn Numptron V. Italians Varner v. Deacon w 7 .lthockm, ap- peal petition peal petition In re Ashby.de.ha touch School In re Turner, four pe tition.. In re Pearmn I.t.ord Portsenoutlt Jenkins Jones, two do. Willett,threedo, Mode Wharton Adam Wel.h New Petitinis,—ln re, Lyttelt.lo Craven, two petitions I 1 n,ls 'iownihcod StOrp Adam !Vat Cathie Bateman Barlow Irtdale, two petitions Taylor, two petitions 111111 con Alcbin Sluntweit, two pet. Cantwell ' flonstonn Yorks ittnehen Mirktieton, tem pet. Nicholas 12 °win Arundell Smith Show Jame, white Stef,henaon WI o:I aley Plocke H I nde, two petitions Whleler ?owlcr Cooke Front ott Ile(Iota Buckle Ntchotto Smith Baker Willett rwinenn, two petit ions Turner, three petitions Craven Bowman Smyth, two ptthlona Elton, two petitions CITANCELLOR'S COURT. lAPICIt LLO R. IN LINCOLN'S INN, TNIS D•r, WA LF-PAST TEN. Shadwell v. Crourineton, petition, per order. Bankrupt Petitiong.—Exparte. • Moore re Jones Modgkinson re Phene Bosworth, re Bartlett I Gregory re Richard* Prentis re Pigram Haldy re Hedy Stiles re Elwell Window re Rowe Leech re Stalker Mathew re Cooper Ainswolth re Slospqoo Walker re M'Leod Diekenaon re Hanby Darwin re Darwin Tomlinson re Pare Portlock re Blowers Martin re !taster Drown re Holman Shalteshaft re Kemp- Watts re Lucks lon It eyden re Heydeu Birrill re Moore 11.1.4e1l re Jfllls Lath,w re Bysh White re Turnbull. Stephenson re Stalker MOMS novlll re Evan Sledger re Morley Foote re Brim!ley (;nwrr re Wllllairisna Ji Ilrington re I.lttel Karenher re Steam Crlrriondt re Turner Mills re Burgess Preen re Starkey Aleereock re Colston Perkins re Weblter Whittent , try re %%lit- tenbury Fawn re Nantes The Master of the Rol lon*, by con-ent, on S Canoes, Further Dlrec NO o'clock on Friday of not,L3*COURT. Ms will hear Cauues, Furtl Saturday next, at nine in I etions, and Petitions, mu lest. ther Directions, and Pa the morning. ist be set down before - - - LAW INTELLIGENCE. COURT OF CHANCERY, MoaroAr, AVOUST 7. STEAD V. KAYE AND FRESIITIFI.D. Mr. Hamill -. this morning stated to his Lordship that this ease had been appointed to be further heard this morning ; but as his Lordship wished to be furnished with affidavits of some prelikasional gentlemen, as to the reasonableness or unreasonableness of the charges, he had to ask that the mutter might be further postponed, as the making affidavits of this nature was a task Solicitors were not very ready to enter upon. The Loan Cu ANCELLon observed, Solieitnrs ought neither to Le very ready or very unwilling to make affidavits of this kind, for the furtherance of the justice of the country. Mr.sxrcu•r Said he thought it would be better for those gen , tlemen who had made affidavits on the part of Messrs. Kaye and Freshheld, to look into the bills of costs, upon being paid their professional charges, and the a make affidavits cs to able they thought of the different items complained of. The LORD CHANCELLOR said he could not tax a Solicitor's bill. unless it was shown that the charges were of such a nature as his (the Solicitor's ) duty to his client ought to have prevented him from making. He considered it the duty of Solicitors to give their evidence, if the Court required it. though they might be doing very right in waiting for infornaation from the Coutt that dig did in require it. The case accordingly stands over to a future day. The LORD CHANCELLOR postponed the judgment in Coast v. Harris, till to-morrow. IAWXAW a. TEna. The Loan Cie 4WCRL LOR having ititinoced his intention of giv ing judgment in this important, and, in some of its features, novel, literary question, the Court was excessively crowded. His Lordship ohs reed, that the case came before him on a motion made by the p opriet as of the Entor/opodia Nefropofitast ,e roe an injunction to prevent the publication of a work called the Loudon Enryclop,rdlq, on the ground of piracy. The arguments had occupied the whole of Friday and Satuaday, and had been heard with that attention which a case of so mitch importance required. In the first part of the plaintiffs' ease, it had been intimated that there was that in the superficial aspect and title of the two hooks which was calculated to induce persons to suppose that the defendant's was a smaller edition of the plaintiff's work. Now, it was true, such an external imitation, when clearly made out, would furnish a ground op which the Court would grant an injunction, but in the ptesent Maumee he could not say that he saw so strong a resemblance as to justify him in so doing. An objection had been raised by the defendant's Counsel to the motion, on the ground that the plaintiff' had shown, no title to the work for which he sought protection, and Mr. Solicitor-General in reply had stated, that he would, if the Court wished it, file an :affidavit of the feet, but that he would not advise his respectable clients to such a eoursc, merely upon the representation of Counsel. The history of the work seemed to be as fellows : —lt had originally been pub lished by 3:r. Fenner, and formed the joint property of that gentle man and Mr. Curtis, and Miss Richardson. On the bankruptcy of Mr. Fenner, his share In the property passed to the assignees for the benefit o f creditors. No written acknowledgment of this trans fer had been produced, nor did he think it necessary in such trans actions, that any written title should be given. It was sufficient that the bankrupt gave up the full and unreserved possession of his interest in the work. The one-third share of Mr. Curtis had been purchased by 31r. Fenner, previous to the bankruptcy, and a bond for three thousand pounds given for the same, payable within twelve months after presentation. Unfortunately for Mr. Curtis, no presentation had been made till after the bankruptcy, and the Commissioners had therefore rejected the proof of his claim. Still, however, the property did not revert to Mr. Curtis, but patted, together with the one-third originally possessed by Mr. Fenner, to the assignees. This, certainly, was very hard upon Mr. Curtis, but atilt persons are bound to abide by their agree menet, and he did not see any way in which lie could have been relieved from it. They thus had the proprietors of two-thirds of the property before the Court as applicants, and in a case of this kind, in which the expenses were of necessity very heavy on both sides, he did not see that it was indispensable that proof should be given of the ownership of the other third, enough having been already shown to give the plaintiffs an interest in the motion. Another objection had been raised on the ground of delay, but this he considered was sufficiently answered by the time that it required to collate the two works, and collect together the proofs which were to form the ground-work of this application. It was necesotry that it should be ascertained bow much of the larger work had been infused into the smaller one. In forming his judgment in this important case, he had carefully availed himself or the interval since Saturday in examining into the principles on which the Court had hitherto decided questions of this kind, and he found that in the case of Miller v. 'Taylor, it had long been re cognized that an injunction might issue against a part of a work. In exercising this power, the Court would take into consideration all the circumstances connected with the property in question, and these, perhaps, would never be alike in any two cases of this kind. Thus the reviewing of a work might be made a colourable pretext ror its piracy, and the Court, in deciding this point, would take into account the length and manner in which the extracts were made, and would endeavour to ascertain whether they were made with a hono fide intention or not. The same principle would apply to the work'before him i and here he could not but observe that one of the articles, that on Balance, in the defendant's work, appeared to be an entire treatise. copied out of the other work. It had been contendtd by the defendant that there could be no monopoly of science, and that therefore he was entitled to make reference to the plaintiff's lock ; but this was not the question—it wan, are you publishing your own work, or are you publishing partly your own work, and partly mine? The consideration is, what quantity . of matter are you thus obtaining without the labour and application, and exercise of talent, necessary to make it sour own ? and here the question of quantity *as a very important one. In the case of a pi racy of Pah rson'aßoa of Roads, the appearance of its errors of press in the work applied against was held to lie a sufficient proof of the piracy : and although in this case the character of the books was different, still the Fame kind of proof would apply. He took it that the same blunders' being to be found in many parts of the books before him, formed such a prisms fade evidence of piracy as to justify him in concluding, th at not only those parts were pi rated, but also all others which were similar in their matter and arrangement. The question then remained, whether he should grant an injunction, as against all the parts which were marked as parades. or whether, as the defendant had urged that he had rot had sufficient time to ascertain whether some of the parts were not e r roneously marked, he should afford him till the end of that week, for the purpose of making an adidavit on that point. He was inclined to the latter course, if Mr. Home felt disposed to make an affidavit. If not, he knew what he should have to do. Mr. Hon we begged till to-morrow, to consider the question. The Coo Ire assented; and thus the matter rests for the present- NEWET V. 1316(7.1. _ l ' th th at e a name Mr. HEALD presented a petition in this case, against the Re. settlement em nf en t h i e s 'A hou las i t d er, b l:y ln watille u i iCI had ay l ( 3: tn en olrdad er y el of g Harriet Headland, and her issue. It appeared, from the statement f t ree i hld yooung lady had a fortune of a year, arising . . out tles property, and that in 1811 her mother ooltd, sometha t was appointed her guardian, by the order of this Court. After the death of her mother, which happened soon afterwards, and before another guardian had been appoir : ted, a young gentleman o f the name of Biggs, the defendant in this cause, ran- away w ilt, and married her at Orme-green, she being then not more than s ixteen years of age. On the return of the young couple to t . vie residence In the country, the gentleman thought it would be peed int to be again married at the pariah chovli, and cc. eordingly had the banns published. However, the trustees bee ing informed of this circumstance, wit n *e bans.* were in the act of being published, went into the parish church, and °Deily pro. tested aga!nst the marriage, to the great consternatich at all those persons who were religiously and deveutiv disposed, and to the utter astonishment at the Reverend Gentleman who was then offi ciating. The trustees then applied to the Lord (;haneellor by pe. ti ioo praying that some measures tifght be adoptcd for the protee. tion Of the young lady's preperty, and that the truste , * Might be secured against the husband. The Lord Chancellor referred it to the Blast , r. directing an account to be taken of the property, and ordering a proper settlement to be made. The 3fastir had male his report lest March, and this petition was presented against that re. port. Mr. Heald said on a former occasion it was und r.tood that the gentleman had no objection to a proper settlement being made on the lady. Since that time the gentleman hail been advised ter alter his mind, and would not no* amount to Buell a proceeding ; but he thought the bett,r way would be for this petition to stand over, in order taste whether sowe arrangement could net be made. The Loan Cnaxnei.t.oa inquired if the gentleman had any thing to settle en the lady. Mr. HEALD said he had no property to settle on the lady. The LORD CHANCELLOR—Nothiog but himself, I suppose. His Lordship said, if the property could be settled fairly and Justly, it would, no doubt, make the parties happy , but if there was an unjust satlement, it would make them miserable. He thought it better not to allow this petition to stand over till efts the long 'sea.. don ; but if the p atties were inclined to agree now, be would tied a way of making it Impossible for them to disagree afterwards. It was then arranged between the dilfereot Counsel that the pe. .• tition should stand . over ti 1 Saturday, in ;jer that the paruer mi g ht I,,tv e an opportunity of coming to an arrangtniont in thu mean time. ETRE V. EVERETT AND OTHERS. The LORD CHANCELLOR dig:looted of tide ease. In it Mr. Eyre, who was surety for a gentlemen of the name of Mainwering to the banking•houae of the defendants, upon his bond to pay d his bill, insisting upon the grounds stated in the bill, that as a surety he was d'adiargrd. The case was an extremely hard one upon the plaintiff; and one in which there had already been a great deal of litigitio i. The question was. whether Mr. Eyre was to be considered as having placed his confidence in Mr Mainwatiog. who had I.ft the country, or in others, who had abused it. The bill stated, that the defendants, subsequent to the plaintiff's becoming surety, had taken a bond from Mr. Main war ing for 10,11001., to which the plaintiff was no party, but by which he submitted he was to be considered as discharged. Another cir cumstance was, that there had been a dispute between th- plaintiff and defendants In 1819 (the bond having been given in 1814), about the bond, and yet they had taken no proceedings against idol upon it for five years at erwards, and that, therefore, on the ground of delay (Mr. Main waring having slipped out of the country in the meantime), the plaintiff ought to be e..msidered released from If. liability. The Catlin had given the subject the greatest considers. tion, but could find no ground on which the plaintiff could be held as released from his liability, and, therefore, the injunction that hail been granted, restraining the defendants from recovering upon their judgment, would now hereto be dissolved. The mere circumstance of a creditor contracting an additional debt with a debtor cooed never rause a surety for a prior debt. The Soticiron-Gentaat. appeared for Mr. Eyre. He said. though the case had been tried both in the Courts of King's Bench and Common Pleas, his client never had had a fair trial. Those Courts had got, as they genet ally dld, hold of a scrap of the case. and upon that scrap decided the whole. Mr. HART, contra, hoped his Learned Friend would now think he had had a fair trial in this Court. The SOLICITOR-OENERAL was bound to confess that he had. VICE-CHANCELLOR'S COURT, MONDAY, Arc. 7. BANKRUPT PETITIONS. EX-rAIITE BOLDEN, 1* THE MATTER OF BM WM. ELFOED AND CO. BANNEOPTS. This was an application on behalf of the Secretary to the CM. mi‘sioners appointed byAet of Parliament, assisting in the execution of pdblic works, &c., by offering Exchequer Bills on security ler an order, to be paid 2,0001., the entire amount of their dolma, °Lc of the effects of the defendant (a bankrupt), before any other ere• ditin should receive a dividend, according to the tenor of the Act. The petitioner is the Secretary of the Commissioners appalnted ur. der the 57th Geo. 111., to advance money fir the purpose of ra•c . ing on public works. A clause In the Act provided that in the event of the bankruptcy of any of the persons to whom loans under it should be made, the Commissioners should be entitled to prove un. der the commission of bankrupt, for the amount so advanced, cad that such sum should he liquidated in full, before any dividend should be paid to the other creditors. By an Act 3 Geo. IV., the provisions of '57 Geo. 111. were continued in full force. The dr. readmit Sir William Elroy& with four others, applied in 1821, to the Commissioners, on behalf cf ihe Plymouth Rail-road Company, for a loan of IthOUtlf. to carry on that work, which sum they Tenets ed ; the repayment of which was secured by a mortgage on the tolls of the Company, and collaterally by the jotat bond of five individu als, two of whom were Sir Wm. :Mord and Sir Manasseh Loret. In a short time after they applied for 10,00tti. which sum mita also ad. vanced on their personal' security ; in 1325 four of them became bankrupts, and application having been then made to the Lord Chancellor by the Commissioners, fbr priority of payment, his Lord ship ordered that the 23,11001., being the amount fen which the Corn. missioners were security, should be paid before any sum sheu!d advanced in discharge of any other debt. This was accordingly done. and a mortgage on the tolls of the rail roa I was given for 10,001.11 , being what remained unpaid, including principle and interest. The defendant having lately become a bankrupt, this petition was pre ferred to enable the Commissioners to dispose of the mortgage on the tolls for his share of the 10.0001., being one-filth, unless they were paid the entire of their claim on the estate. In support of the petition, 31r. SHAMVELL cited a former case of the same plaintiffs, ex-parte Holden (and which was the first that hail occurred) where the Lord Chancellor had ordered the pay. ment of 25,0001. out of the funds of the bankrupt, in preference ta the claims of the other creditors. Ills Lordship had said that ice had no hesitation with respect to the main feature of the applica. tion, and only doubted whether he should aliow interest up to the day on which the commission of bankrupt had named. The prin ciple having been thus settled, he (Mr. Sitadwell) did rot antici pate any opposition to his motion. Mr. OARUATT did not mean to contend against the principle thus laid down ; but. to the present motion, he bad three objec tions to offer. The first related to the made in which the proof of the claim was to be made. (This was immediately over-riled by the Court.) The second was, that the Commissioners had already in their hands, by the mortgage of the tolls, full security for the whole sum, which security, he contended, ought to be sold, and the proceeds applied in discharge of the debt due to the eknlm VircC r e v - rs• The shur ct o a.—l do not see how that can be re fused. Mr. OARRATT said, his third objection to the prayer of the pe tition was founded on a clause in the Act of .37 Gen. 111., which declared that none of the parties who should borrow money of the Commissioners should be held responsible for more than the amount of his " subscriptions," meaning clearly, as he would contend, the party's" subscription," or" shares," in the public work for whicit the money was required. He admitted, at the name time, that dna clause was not speci fi cally continued in the 3d George IV. ; but it was virtually preserved by the words of that Act, which stated, the( " all" the enactments of the 57tit George 111. should continue in • full force, except where the contrary was expressly declared. Now, the clause upon which he relied had not been altered by the new Act, but the limiting portion of it was omitted. It would be, there fore, for the Court to decide, did the omission referred to amount to a repeal ? If his Honour should be of opinion that the omission' was not a repeal, it would follow of course that the party was bound only to the amount of his subscription. The Vlc E-Cti ANC eetma said, he was clearly of opinion that it was intended by the Legislature that the limiting clause should be repealed. The omission of it in the second Act was a proof that i.s inconvenience, or (if he might so express himself) its folly, fiat I been perceived. Ile should therefore order, that the claim of the petitioner should be allowed, hut that the mortme should be sold, and that one.fifth of the produce should be paid over to the Com missioners, and deducted from the sum of 2,0661., with interest, claimed by them of the bankrupt. EXPARTE XOLDER, 1N THE AIATTEi OF O'NEILL. This petition involved the question of how far the acceptance :.f a bill of exchange, by one partner in a trading firm, bound the other partners. A sum of between 2001. and 300/. having accrued, date foe freight by Francis O'Neill and Co., of Linsenek, they Iteesidated the debt by their draft, at tour months, upon the firm of O'Netit and Co., of Liverpool. The bill was accepted in the name of the latter firm by O'Neill, one of the partners, without the know ledge of his copartners; there had been, moreover, no deulin between the two firms. Previous to the maturity of the bill the Liverpool house became bankrupt, and the bill was returned tivet the drawers, who now ssught to be allowed to prove it under the • commission against the bankrupts. MI. HORNE approved for the petition. Mr. LOWNDES, for the assignees ' contended, that the act cf • O'Neill, the bankrupt, could not bind his partners, as far et respected the drawer of the bill, and cited a number of ticebsions iu the Courts of Law, in which it has been held, that under circum stances like those of the present case, the drawer was hound to show that the other partners had concurred in the affixing of the signature of their firm to a bill of exchange drawn for an accou it is which they had no concern. The VICE-CHANCELLOR seemed favourable to this peincip'e. but the question being one of extreme importance to the comma- • cial world, his Honour said he would take time to consider of it, • and should not, therefore, now deliver his opinion. • Judgment postponed. PRACTICE OF THE COURT. • At about two o'clock this day, the Vicie-Citawetaao* an. , dressed Mr. Hart, and said, that seeing a very full bar, he* ehotild take occasion to refer to a circumstance of no trifling impoitaro respecting the practice of the Court. lle had ,yeaterday, whet great surprise, and ;;rent pain, been made aware that a dalaratiul he had lately made in Court, had been inaccurately reptiiscided - „ because, perhaps, it had been ininunderstnotl. Applications !eel been made to him, in the course of the preceding week, to. en ; tertnin motions to dissolve injunctions, and he had in , stated that he would hear them after the bankrupt petitions lea been d' posed of. This had been represented as an expreWik.),; detennieation to retard business of a pressing nature, by .e refusal to hear motions for injunctions ; and it had Le •.3 raid that the Court of Chancery should be always open to :0, plicants for injunctions. In this dortriee he tally eoncutted, ion 'l of ion was I ilft# con• iL ii Me the the rely i his it in )net, t the tome I se- ught YUN baud [king very o see :nee , and from ff by nem wmt r O s cr mk in which man, re en- rock, Falling )f the ' Lon- Sur ay. on It is ctions made breath libour a day, Ga. per claim"! ICICASC —Cale. n,X.B. the ax is of a and a