The British Press; or, Morning Literary Advertiser. — London, England, 1805-08-07 00:00:00

BRiG?/7 . 01% ; , Arcuss 5. Last night was vite ast 'rm. nor is the Weather much abed this morning, yet many Ladies bathed. Earl Ca AV EN has heel cruising all day in his beau tiful vessel: he is the only person who has ven tured. laird FO 1 EY, after breakfasting with the Earl o; Bsiiss str/tE, set off for Ctickfield, on his way to I.Drislon, in his chariot and tam- post horses. Mr. LATOCC:iE and family, in their post coach and four, set rfc At two o'clock to-day for East Bourne. Except in carriages, there is no going out to-day. I have not heard that His Royal Highness the Patrice was out to-day, which is very unusual. The Theatre is very woll atte:l:ed ; they perform four times a week, to nigh , The Jeniort Matri wpm, and the dance or The Drum-head The sea ' bas made such breaches in the East cliff, opposite the Marine Parade, and Earl CRAVEN'S house, that it found necessary to build very strong piers to support "he bank, and make it safe for carriages. Mr. Mst.t.tsts, and a party with him, go to York RA( es, which commence the ItJth. He has matched bis Didier to run for 700 guineas there. Lord Fo i.e.v's Beitampas is matched against the PRINCE'S b. h. o, rile, for 2000 guineas, to run at Newmarket. Dow ALDSON'S Library is always full. It is said, there was deep play at R ACV: ETT'S last night. I know some of the company were there at seven this morning. The ball at the Castle, on Monday, is exile lied to be a most brilliant exhibi tion of taste and grandeur. Some of our Fashion. able, are gone to Nottingham Races, which begin to-morrow. Next week is expeeted to be extremely ay—and then, it is said, His Royal Highness the atncawillgo to Weymouth. SOUTHAMPTON, AuGus: 5. The major port of the 20th dragoons embarked en board the transports yesterday, and the remain eler are going on board a.t this moment. It is ex refled, that they will sail this evening, or to-mor to-% morning at furthest. Their destination is still i;aknown. One report is, that they are going to j'a;is the other pare of the regiment at Gibraltar ; hut this I do not believe; for two-thirds of them ate raw recruits. A young Iran, servant to Captain GA R AT. of the Itoya/ Navy, attempted drowning himself last night. by precipitating himself twice into the water. from a boat : he was fortunately prevented—and, to avoid a repetition, he was very properly put in the Cage, until he recovered his reason, which, it was supposed. drink had deprived him of. sat down to write, the transports have sa:!e.l, and, it is generally believed, their destina ti)n is Cork, to join the troops under Sir Davin Every thing here is as quiet as you can conceive. DOVER, AucrsT 5. Every thing still remains quiet on the opposite sh..e. The wind has blown very strong all night at S.W. and row blows very fresh at which is ,!ttc.^.lyagaiast the French coming out, and at the same time prevents our cruisers front approaching tear to V•eir roast. We see, however, 'elm'sl of them standing on and off, and keeping a watchful eye on the movements of the enemy, in case the wind should get round to the east, and give him an op portunity of coining out. I had yesterday a very dear and distind view of Calais harbour, which ex hibits also a forest of masts. Whether they are in tended as a reinforcement to those at Boulogne, rr are meant to commence their operations immediately from that quarter, time will discover. The increase 0: numbers in that place has certainly been very con siderable of late. The Right Hon. William Pitt, Lord Warden of the Cinque Ports, it expeCied here in the course of the present week. It is thought by many, that du ring his stay at Waliner, the plan for a new harbour viii be finally settled. It is, I understand, intend ed to be adopted on a very extensive scale—to go up a valley on the East side of the town to the very end of it, which is upwards of a mile in length. Tie entrance, or mouth of it, will, I am told, be exaCtfy in the spot where the original harbour was two hundred years ago. It is proposed to have wet and dry docks for the accommodation and repair of such of our navy as may he wanted in this part of the Channel, and must also prove a very safe asylum for our merchant ships in the winter months. The espenee, I have heard, is estimated at an immense snm if the plan is carried into cffal, it cannot fail of making Dover one of the most important towns in the Kingdom. At present it is suffering most cruelly by the war, several hundreds of brave, hardy, indus trious men being actually out of bread. CRICKET MATCH. On Monday sennight the following Mreh of Cr:cket was !slaved on Bromley Common, hr eleven Gentlemen of /Yromley, against eleven of Woolwich and Beckenham, for 201. a side; 131011111.41% WOOLWICN AND ItCKIFIrIIAM AIL Burgess Mr. Wa&J Mr. /Wing Mr. Want Mr A yling Mr. Sunman Mr. Lucas Mr. Ford Mr. Latter Mr. Woo 4 Mr. Snesd Mr. North Mr. Nora Mr. Nicholson Ni•. Davis Mr. Lund r Locus Mr. Brown Mr. Chapman Mr. Abram Mr. Chapman Mr. cans. 1 This was tl , e second day's sport, the former ha,' been played at Woolwich, when the Bromley- Gen tlemen had the advantage. The Woolwich ( ;c.tlr men were considered on Monday the most success ful f and it is intended to be decided on a ftsture cLv at Blackheath. The match had excited s, much interest, that all the inhabitants of the stir re inding country attended, who expressed the high est approbation at the excellence of the sport. On . Sunday morning, Captain of the For farshire Militia, and Dr. M'A-, of the 71A regiment, met i n t h e Links of St. Fergus. near Pe tetlie.td, to decide an affair of honour. Upon ar riving at the ground, however, the becnruls inter fered, and the business was amicably adjn ord. The quarrel originated in the ball-room the preeedin: teeming. ... . . . idly INTELLItANCE. COURT OF CITANCFRY—TvesOat, At/COST 6. DC rrA RCIN r. EARL MA LCORIRERn and OTHERS. In this case, a great part of which we mentioned in our paper of yesterday, Mr. Psoor, at the slt ting of the Court, recommenced his arguments on the part of the Defendants. l'he Loon CHA portt.ine asked, how he could re cognise the superior of the Benedietine monks in the north and south provinces of England ? Mr. Floor thought his Lordship could recognise them de pet° though not &jure. The only thing necessary here was, to ascertain the persons to whom the legacies were left, and then they undoubt edly must take them, unless they laboured under some civil disability. Ile then instanced the case of a French bishop coming over here, when these dig nitaries of the church were abolished by the National Convention, who would, he said, be undoubtedly entitled to take a legacy in this country, demised to him by his title of bishop. The LORD CA ANCELLOR said he would acknow ledge that ; but if the French Bishop was to come over here, and claim a legacy kft to him by U.* de nomination of Catholic Archbishop of York, he could I note take it according to law. His Lordship con eeived that the words in the will, to the Superior, and the denomination establishment, went greatly against the Defendants Mr. PICOT submitted, that by Superior nothing could be meant, but a sentleman whom a number of persons had permitted to superintend their con , dun. Tnis,gentleman, by courtesy, retained the empty name of Superior, to which formerly, on the Continent, lie by law was entitled. And as to the Court not being able to recognise them in the North and South Provinces, he said, he could say no more than that it was a notorious tat that they ex isted here, and, he believed, with the knowledge and wader the proteCtion of government. The Lotto CHANCEL Loa said, if the report had stated that such an order existed in the province of York or Canterbury, he then would have under stood it ; but it did not tell him what the North and South Provinces were, or that the Benedieline Monks had come over from France ; neither of which points he could know by any other means. Mr. Ptoor continued, and said, that the ergo men, had taken a very curious turn ; he was aston ished it could be for a moment supported, that per sons could not take legacies here, on account of the laws of another country—when, if they resided in that country, they would not be disabled, as the establishments of Foreigners were not abolished, but only ordered to continue as seculars. Formerly, he said, Norman Monks could take legacies here ; to support which assertion, he quoted the opinion of Justice Blackstone—he also quoted the case of Sir Lawrence Anderton, whose eldest son went to the Continent, and became a Monk. On the death of Sir Lawrence, his second son took possession of the properly—but, being afterwards convislted of trea sou, sod his property taken by the Crown, the Mnek carne over, and claimed the estate, alleging that his brother had no right to it ; on a full hearing of the cause, he took his estate, as what had passed in another country, namely, his becoming a Monk, could not be lega:ly proved here. He also cited the case of the King o Lady Portington, where it was held by the Court of King's Bench, that money left for the good of 'he testator's soul, and acknow ledged by toe legatee not to belong to her, but to God and his Saint., was a good et. The Learned Gentleman concluded, by saying, he would not go into any of the other exceptions, wail he knew whether his Learned Friends at the opposite side meant to argue them. Mr. Serjeant l'a est ea apprehended, that the only question was, whether this description was sufficient to give the legacies to the person meant by the tes tator? He then cited several cases to prove that it was not illegal to be a Monk, and also to prove, that if a bequest be made to any person for a corpo ration, which is not by law allowed, yet, though that person could not take it for the corporation, he could take it as an individual : he, on the thought that this was only a circuitous manner of describing their persons, and not meaning any thing ditailowed by law; he therefore submitted that the Court should confirm the report. Mr. Ilene, on the same side, contended, that there was no law, statute or common, which extir parted the order of monks from this country. — The statutes of Henry the Eighth, of pious memo ry, had not gone so tar; that good King had only stripped them of the property they had acquired, because they did not make a thrifty use of it, but made no statute to expel the orders, or prevent them from acquiring property ; and it would be found, he said, that there were several religious hnuses, and persons holding considerable properties, down to the reign of George the First, when there was a statute made, divesting them of all their pro , perry which they had acquired, but not driving them out of the country ; so that, if they could live on the air, there was nothing to prevent their remain ing, and acquiring more. Th.t argument had been strongly urged by his Learned Friends, at the same side with him, that these superiors could exist in this couniry de .fafio ; but he contended, that they could exist de jure, as there was no law or statute in the boiks to drive them away. He then referred to the rules of St. Bennet, and the decree of the Council of ['rent, which had been quoted by Mt. Rom ILLY ; and contended, that they were nut con sidered by any Catliblic order, as in the slightest degree binding in temporal concerns. He could nut, therefore, see any reason, unless the Court would rely on these musty rules, why the excep tions should not be over-1111-d. Mr. R ()situ. v. in redly, admitted that these su• periors were objets of charity, and had been perse sectsted in a great degree ; but, he did not think that any reason why his client was not to come into a Court of Justice to look for this part of his property, when he bad lost almost all the rest by the same means that these monks had lost theirs. He then referred to the circumstance of the master's report. ing the evidence of the Defendants, and not of the Plaintiff; which, its i!self, was sufficient to invalidate the wlaule report. His Learned Friend, Mr. HALL, he thought, had met the question with a (treater de. tree of courage than either of hi s coadjutor;, by .ra-ing the existing rights that monks and nuns had, of being as bodies in England ; but he thought • that Learned Centieman would be very much surprised, if he found his Chambers in the Temple surrounded with ',lack and white friars and nuns, of all denominations, claiming their original rights ; he declared it was with him a very doubtful case, whether the Learned Gentleman, by the ar guments he had just then urged, bad not incurred the penalties of a premuffire. It had been stated, he said, by Mr. PIGIOT, as a reason why foreign snooks could formerly bring an action here, that the law did not admit evidence to be given of what passed in another country ; this was an argument against himself; as it could not now be proved that these legatees were superiors of these religious orders in another country. He then supposed a case of a legacy being left to the Grand Almoner for the time being, of King James, or Kiv Chad,' 111. in which case, though the person might have been well known, yet it was absurd to suppose that the law would recognise him as such; horn all these considerations, he submitted that the exceptions must be allowed. The LORD CHANCELLOR said, he should go through all the exceptions, before he would deliver his opinion on any of them. Mr. Rota liar then read another of the exceptions to a part of the Master's report, which stated, that there was a Sufic 'mess of the English Benediaine Nuns of Cambray, now living with others in Com munity, in England, and capable of receiving a le gacy. He said, the decree of the National Assem bly abolished all orders as regulars ; and there could be no pretence to say, chat they now existed, as there was no such person as a secular nun. Mr. Picor, on the other side, submitted, that Mary Blaid, who was found by the Master to be Superioress of the BenediSine Nuns of Cambay, and, living there, was undoubtedly entitled. This point was discussed for a considerable time, in the course of which it was argued, on the part of the Plaintiff, that the decree of the National Conven tion abolished the Order before the death of the Testatrix, and as warmly urged on the part of the Defendant, that the Order was only abolished as regular's', and that foreign nuns were allowed to live together, and did so for a considerable time after the decree. There were several other exceptions; but being of the same nature as those we have men tioned, they were not argued. The LORD CHANCIII.I., , R dein-red the further consideration until Thursday next. BLAIR r. JAMES. This bill was filed to recover mortgaged estates, on paying the sum borrowed, and interest. The bill states!, that the ancestor of the Plaintiff, being possessed of certain copyhold estates, mortgaged them to George Williams for a sum of 4001. and that the present Defendant came into possession from Mr. Williams; the bill therefore prays that the Plaintiff shall have his estate on payment of 4091, and interest. To this bill the Defendant had put in a plea, which stated that he had, not knowing the Plaintiff had any right or claim, purchased the lands from Williams for. a valuable consideration, namely, 4001. of which 3501. was paid by giving up a mortgage he had from Williams on the estate, and the remaining 501. was made up by interest and money. Mr. Rotatxxv, on the part of the Plaintiff. ola jefled to the plea, as it did not set forth how much ready money was paid, and only said that the mortgage fur 3501. was given up. and the re maining 50!. made up in interest and rminey. The ATEORNRY GENERAL argued in favour of the plea; but the Court was of edinion, that, strictly speaking, it could not stand, but 'gave the D. fend. ant liberty to amend it, or let it stand fur aillwer, with liberty to except. POLICE. HATTON GARCeN. The further examination of Woe, Fox, and the tatter's wife and servant girl, relative to the packet of jewelry, belongii:g to Mr. Pemberton, of Bir mingham, stolen out of the Shrewsbury coach, from the Bull and-Mouth Inn, and mentioned in our Paper of Friday last, was continued yesterday before the Magistrates of that 01fice. In addition to the former evidence, the delivery of the packet at the coach-ofEce in Birmingham, and the receipt of it by the coachman, who deposited it carefully in the coach, were proved. A Pawnbroker in the neig:ibourhood of Holborn. who had been examined on the former day, pro duced twenty-five gold seals, and two silver boxes, which he had purchased from the prisoner Wise, who was a lad of about 17 years of age : he paid him at the rate of 10s. a-piece for the seals, which he considered to he the fair price, and he sold them for A small profit above that sum ; he also purchased three dozen silver thimbles and other articles from Wise at the same, for which he paid him a fair wholesale price ; he had not made many enquiries from Wise as to how he came by the articles, hay ing known him and his family for a length of time ; he told him he had got them from a gentleman to dispose of for him ; and, not having any suspicion of his having got them improperly, he did not hesi tate to buy them. Mr. Pemberton, the owner of the goods, said that the wholesale price of the seals was from eigh teen shillings to twenty, and upwar.fs ; the other ar ticles mentioned were of a much higher value than the price which the Vs'itness had given for them. Mr. Brogden, a jeweller, residing in the city, deposed, that a person. whose name he had been since informed was Chester, and who had been for some time previous in the habit of bringing articles of jewelry back and forward to and from the prisoner Fox, who was an excellent working jew. eller, and did a great deal in that way for the \Vit. re:a, came to him about three weeks ago with parcel of paste ornaments for the head, and told him that he came with them from Mr. Fox, to know whether he would purchase them ? at the same time observing, that Mr. Fox would have bought them himself, had he the money to !pare. Chester asked at the rate of tour shillings each, or 41. for the whole ; the Witness, not being in the habit of pur chasing such articles. desired he would leave them for a few hours, till he should inquire the value, to which the other accordingly assentard, and the Witness sent one of his young men to some neigh bouring jeweller's for that purpose. While the young man was away, Chester returned, and de -1 mandesl either his goods immediately back, or the 1 price he lad named, :adding, that the reetlemart , *ho owned them had a hill to make tip thkevhning; . and he could not delay. Thereupon the A•itness agreed to give him about 31. 1:a. for them, ends knowing Fox well, and supposing hr had sera Chet ter, he did Ire hesitate to conclude the bargain i hte accordingly paid that sum. He efterweris offer:- • ed him a parcel of seals and other articles, whid, being of an inferior quality to those the witness nil ally dea7t in, he declined purchasing them. Ira mejiately after his young man returnel from the other jeweller's, and informed him the articles were out of fashion, and would not give near that money for them. Vexed athis bad bargain, be threw them . into a drawer, where they remained till Trott, the . police-officer, called on him. He said he had known Fox for a good while; he was a most excellent work man, and he trusted him repeatedly with articles of great value, and ever found him !loth honest and punEtuaL The little girl had often brought work home to him from Fox, and executed his messages with regularity and exaftness ; he had been witness to her hum inity towards a little boy who had been run over by a coach, and recommended her to the mercy of the magistrate. While this gentleman was under examination, Mr. Pembe-tea, accompanied by an officer and the pawn-broker, proceeded to the latter's shop, in or der that Mr. Pemberton might identify the silver thimbles, and other article, ; and, on their return, the latter gentleman stated, he did pot sea any of those. The prisoner Fox, said, that Chester, who had absconded, was the brother to his wife, the other prisoner, and had been articled to hint for some time ; bon cnndu&ed himself in a very improper manner ; he had timied him with messages to Mr. Ihrogden, as he thought he could not be quite so bad as to betray such a trust as that. Ile had him self a warrant ow against Chester, at that very time, for tearing down his shew-board, assaulting him, and committing other violence. Trott, the officer, deposed. that when he went to look for the prisoners, fox, his wife, and the servant girl, they had secreted themselves during the wherihday, and that some pawn-broker's tickets of asu ous kind, were font i d a b out t h e two l atter. The Si g Magistrate cons id ere d t hi s a case o f considerah importan ce : t hi s pret ti er was carr i ed it on to a much greater extent than the•pablic were aware of, and he was determined to sift the mantes to the utmost ; with respell to Wisp, he though th _ire was sufficient evidence to warrant his commitment. hut there was nothing then against Fox to authorise his detention, whom he ordered to be discharged upon giving'security to appear hereafter, if called upon : and as to the two seornen, he considered they should be detained fur further investigatiqp. He concluded by observing, that a considerable degree of suspicion attached to the Pawn-broker : h nod purchased the goods cossiderahly under the value. without making any enquiries how Wise came by them, and sorts-thing of secretion bad since appeared. fle advised him most s.rongly to exert himself in giving every information to the party upon the next examination which should take place. as otherwise the consequence might prove serious to him. P UG 1 LISAJ. A match for 51 Guinea.; a tide, hewing for some' time bessit made between Caleb Behetran .and Ryan, it was qe , !led on Monday night betwef-n their friends, that the fight should take place on Blackheath yes-. terday enar,ing ; accordingly about twelve o'clock, a ring having been formed, the parties, a tended' by their seconds, entered. The odds, at tie com mencement, were considerably in f tvocr of Caleb Besefein; but after a few rounds, in which some very bard blows were mock, they became more equal, and ultimately changed in favour of Ryan; and, after a contest of near a,. hour, he was declared the vigor. '1 he Chicken and Grake are marched to fight in two months, for a very consi :erable ; and, within two months after that, the (7.4c'en and Belcher are to fight for 510 guineas, play or Some thousands are said to be depending un the issue of these contests. GLoutrsTE. EICCTION.—We are ini•rmea bT our Correspondent from Gloucester, that the Election of Captain Moitit is fu that place is now as certain. The attempts which have been t •.1 e , nvert this opulent and respe:lahle City i a PJletly B.)rough have again roused that spirit dependance, which, at the memorable contes - in 17-39, secured to the Freemen of Gloucester a w. r. thy and independant citizen of their own to rept e. seat them in Parliament, aid which, on the present occasion, cannot fail to grown their exertions with similar success. On Sunday afernoon, Mr. C•wr, rinser, qr. w hat maker, ia Chiswell.strtet, and two other Gel, tlemen, went to bathe in the River Lea, near to Clap tan, when, unluckily, going beyond their depth, Mr. C. and on. of the other Gentlemen were drowned. The third Cattleman escaped by swim ming. Notwithstanding the great nntn' er of Capital Prizes in the Scheme for the ensuing State Lotter?, which is t., c nsist of no more than twenty-five thousand Tickets, the Contradon have contrived to cover the hi toks with Ten Pounds each, se that in faft we might exclsim with honest Paddy, who, after perusing the Scheme very attentively, cried QUI, .‘ Upon my conscience, see are going to have a mighty pretty sort of an Irish Lottery, it seems, for a great part of the blanks are to be prizes!" The new Scold Baff-t Dawes of Lore aid Laughter ; or, The Pipe. of Lislithlresu. by MONT. CION say, which made its second appearance last night, at the R OYAL C iecus , was aga i n received with the loudest applause, by a crowded and fashion able audience. The story is animated And highly pleasing ; the dances got up with much taste and judgment, and have the greatest justice drnc to them by the Cutout, Mrs. Eirt.wa. and Mr. Moor- COMSAT, together with those admirable children. the youngest Giaocx and Miss Ler ; and the Music, which is Scotch, and happily selected, has an effeft peculiarly delightful. The new Song on the defeat of the Combined Fleet, was received with the strongest approbation. hngene is a Spectacle so fascinating. as to continue in the first estimating by every class ; and the whole is not a little height ened by the elegance and execution of Maitsase, horsemanship. .4 Dr In -11. 11r. Ifr• 0:111% mess ards cosy Irur! , style Lion mdei from ,ieor& npasi at the at Kit' pill be Patron- ibri,ige kenea , V.l ...