The Sun. — London, England, 1812-01-24 00:00:00

'11(1 seareheci her lodgitig, in the titles Road, Cnelse; and fonnd the greater part of the property she stole some trinntl.s since: She was comMitted for further examination. MARLBOROUC-I-STREET4--We have before stated that a Clerk in a Banking-house, at the west end of the town, had absconded on the preceding Wed r's(-lav with very considerable property belonging: t o the firm of which he was a servant. The pp goner was taken into custody - at Sandgate, near the .Hythe, in Kent, at ten o'clock on. Wednesday, anil Yesterday he underwent an examination. The pro- Peri), with whiith the prisoner absconded was not stated further than a 2001. note, and another of 501.; ~but it i s un de rstoo d to b e several thousand pounds. the notes named were taken out of a drawer at the tanking -house, but the other property was obtained by the prisoner .by transfer from the books, sub.- stituting names and embezzling the money pur porting to have been transferred. In addition to this, there were other charges against the prisoner for frauds, which he had carried into execution by making use of hiS emplOyers' names, and these frauds ate considerable. Conjec ture had been for some time past afloat with re °Pea to the route the prisoner had taken, but the Prosecutors at length receiied information from, a *Banker, at Hythe, in Kent, who had formerly belonged to t h e i r h ouse, t h at t h e pr i soner was t h ere. Ile had slept at the said Banker's one night, but he • 'withdrew from liyihe the next morning, and was . found at Sandgate, about three miles from thence, Übere Marsden, a constable from this Office, and Stotre,took lihrt into custody.- On the prisoner the L 6 ° l . note taken o ut o f t h e drawer at the Bulking- L} ,onse, was found, as we ll as ot h ers to more t h an The amount in small notes, with a bag of guineas a nd small gold, together with some Portuguese t cl'io•—The prisoner rec , lntly married a very ac oniplished young Lady, the daughter of a Gentle flan in the neighbourhood of May-fair, who was kept in the dark respecting this business. The 2001, n ote before spoken .of, remains unaccounted for, °llclihe full extent of the embezzletnek cannot 46 Yet be ascertained. -L'he prisoner was committed. Ttielepoit that Mr BILLING - TON was - about to fume her station in public life, is, we are sorry 16' r unfounded. The Poet very jusiry says— " Wisdom's triumph is well-tim'd retreat." But this admirable performer retired much too soon, she Was in the, meric)ian of her powers, and, in the e higher excellencies of th e art , w i t h out an higher Mrs. MOUNTAIN, we are glad to learn, is not in an3° very alarming a mete as report has rep resente d, there is some hope that sl'e will be'able to ven lure on the public boards again in the course of the Present season. it BANNIST ER h as b een p er f orm i ng at North and 0 L 11 1) Shields, and Durham, and was to proceed to ' 4ll obur g b. ' P Laac FOR A REGULAR SUPPLY OF MEN FOR THE NAVY AND ARMY. Let every other poor buy, or two-thirds of the °°3's brougt:t up in a parish workhouse, or sup- Ported by the parish, be . enrolled for service in the t r my and .dayy, at the age of 12 or 14.. L et each 3 .9) . be ta u gh t to rea d and write, and the f i rst an d Itbplest duties of a sailor and soldier. Let an out- Pensioner of Cite:sea, and another of Greenwich, e .2 t ercisc the b o y s so as to attend each parish one 'night in the week. A ccording to this plan (which 'night with great facility be carried into execution) 4 large number of boys who are deserted by their Parents, or .supported by the parish, would be made Us eful members of the State, the hardship of the ballot ° . i n many whose h a bit s o f lif e are fi xed, as ;.vell as of le impress service, would be, relieved. A succes "n of excellent sailors and soldiers for the 'navy. and army would be regularly supplied. The ad lantages proposed by the Naval and Military Asy "ls at Greenwich and Chelsea would be increased, each parish containing one. A, tnartial spirit would be i ll) . fused into the infant poor ; p ar i s h es wou ld b t re -10 iev e d of many boys whom now th e y k now not b ow ' dispose o f, an d u l t i mat el y cons i derable expence 14 the nation would be sated. According to . the Accounts laid before Parliament - , t he Excess of the Civil List beyond the Estimate In the year 1806 - - 4'163,636 16 21 1.8:7 • - - 128,46 16 8 tBoB - - 4,238 17 91 *Sag - . 103042 lo lot 111li k And in rBIO - - 1 43, 8 94 5 9 rThe report of Gawler having been apprehended l "ves to have b ee n unfounded. It a rose f rom t h e s te urnstance of a man very like hi m i n appear ance '"ing been taken on the coa s t o f E ssex ; b ut w h o x : t isfaelorily pr ove d t h at h e was not the person to 4 11°En thelithieitisement referred. It is, h oweve r, gain reported this morning, that he has been taken. SMITHFIELD MARKET, 1AN.24. cl atis day's Mark e t h a d a scanty supp l y o f the , : '! - erent kinds. of C a ttle ; M utton , Pork, rind Veal, f „ u PPort last prices,; Beet is cheaper • and the trade l u h r the most pin was not. very brisk.—Thesales.,in e Ray Market were somewhat dull ; Hay tetchtd Pt Price Sttaw and Clover h ave fall en in he following prices and numbers are a coired tltetnent BTo sink the MEd per stone of 81b. ,Ss,. eef ; 4s• od. to Ss. rti. Mutton, 4s. 4J. to 6s. cd. Vral, ; ( - 1 . to Bs. fork, 45. &I. to 6s. Zid. AvAqs, Shaep, 34-io. Calves, zos. Pigs, 300. !lay SMITHFIELD HAYMARKET. os. od. to 51. IoS otl. Straw, 21. oS. od. to 21. Clover, 51. os, ad. to 61. os. 6d. tCo EXCIIANGE, JAN. 24.—Tili5 day's market la several f urt h er arr i va l s of Wheat, tog e tliti wi t h t4,nsiderable supplies on hand, not much demand,• consequence dull, at a f urt h er re d u oli on i n Pc e, and some select fine Dantzic, at •61. per qr. ; 1.) .1.1 ey in g oo d su p p l y an d l owe f ; Malt and Wnite % I , k qs nearly at last pric es ; B eans o f eac h sort like the there are con s id era bl e supp li es o f O ats, and t I s trade is named c h ea p er ;, Fl our i n full stocks thr .Peaed l ow e r , an d sa l es at less - than the general l esquoted. - 545 a 78s a loos e ditto- Ye 1365 a 11 . 25 ~` klq r , 0 . • SOS a 535. .111 4 ; e Y - - jss a 475 tiV hi - -76 s a szs 7osboilers Szs LILY ditto -56 s a 6zs tau s . . - S:s a Os Tick Beans (new) ~los a cis Ditto (fine old) - s:s a 51* Oats - - a6s a3s Poland ditto - 32.,s a 35s Potatoe ditto -37 s a 3gs Rape Seed - 561. a eil. Vine . 90s a gds Scud • S.s a 904 DIPERL4L PAR.LLIMENII: ROUSE OF PEERS, THURSDAY, JAN. 23. ROXBURGH CAUSE, &c. The further consideration of this import:Mt Ap peal being resumed, Mr. Leach was heard' at great length, as second Counsel, in behalf of the claims of John li.elleriden Kerr, Esq. against Sir James Norcliffe Innes, Bart. on the fart branches of the case. The further hearing was adjourned until two o'clock on Monday. Lord WALSINGHAM moved, that the Order for the Sitting of the Appeal Committee, to-morrow, be discharged, and that the said Committee do sit on Monday.—Ordered. _ . The Earl of HARROWBY said a few words, but from the tone and dire Lion of his Lordship's voice, they we►e almost totally 'inaudible 'below the bar. - Mr. Menzies presented at the bar, a volorriinous assemblage 'of Papers and Documents from the Courts of Chancery and Exchequer, in Ireland, re- Intive to certain Appeal Causes pending before their Lordships. _ _ • Mr. Parkhurst presented the Seventh Report of the Coulmissione•rs appointed to investigate the ar. rangements made between the East India Company and the private Creditors of the Nabob of the Car ndtic, which was ordered to lie on the table. Adjourned till Monday. HOUSE OF COMMONS, THURSDAY, :TAN. 23. An Hon. Member, whose name we could not learn, moved for eut Account, of the amount of the Hereditary Revenue arising out of the Civil Esta jolishment of Scotland, in the years 1804, 5,6, 7, 8, 9, 10, and,' 1, ending the 56 of Oduber ; and also, of all Payments made therefrom, distinguish ing Pensions from oilier Bilis. He sa►d, it appear ed on an investigation three years ago, that the Fund to which his motion referred, amounted formerly to 40,0001. and that the Pensions on it 'were 6,0001. it had afterwards increased to 85,0001. a year, and the Pensions in a still greater proportion, advanced to 36,0001. A Resolution was entered into (6y the House, about two) ears ago, providing, that if should not exceed 25,0001. a year, and that the excess should be_carried to the Civil List. He thought if desirable that the House should be possessed of in formation on this subjea, previous to the altera tion which they were about to vote in the Civil List. The CHANCELLOR of the EXCHEQUER thought, that as the House was already possessiot, of some accounts on this subject, it would be sufficient to take it up from the passing of the last accounts, which would be sufficient to shew what balance re mained on hand. After a' few words from Mr. TIERNEY, and the Mover of the Motion, the Motion was limited to the years 1808, 9, 10, and 11/ Agreed to. Mr. TIERNEI wished to' knoW, what the inten tion of the Right Hon. Gentleman was, with re speat to the second reading of the Bill for Regu lating his Majesty's Household ? The 'Papers re lating to the Lord Chamberlain's Department were ;not yet given in, on which account he thought it would be more convenient to the House to have the second reading postponed froth Friday to Monday. The CHANCELLOR of the EXCHEQUER said, that the Papers alluded to would be in readiness' imme diately -; at the - same time, if the interval was not considered sufficient for a perfect understanding of them, he thought that the debate on the principle of the Bill, instead of taking place, as was customary, on the second reading, should take place qn the question, that the Speaker should leave the Chair, for the purpose of going into a Committee. • Mr. TIERNEY said, that as it was not his inten tion to give any unnecessary delay to the progress of the Bill, he f e lt no h es i tat i on i n agreeing to the suggestion of the Right Hon. Gentleman ; his ob ject was fully answered by the postponement of the debate to Monday next, which was the day ap pointed ior the commitment of the Bill. THE DUKE OF CAMBRIDG.E. Lord COCHRANE said it was hi. 4 intention to call the notice of the House, and of the Couotry, to the condu6t of an Illustrious Individual, who had awed in a manner becoming the best times ; be alluded to the Duke, of Cambridge, who had - resigned the command of the Horne DistriCt, under circumstances peculiarly honourable to his character and patriotism. He (Lord Cochraie) did not wish to plovoke any observations from those who were anxious the example should remain unknown, and unimitated, but he was determined that it should be known, and he was confident that it must be imitated by all those who wished well to their country. If every individual pursued the same course of resign ing unnecessary and sinecure oiiices,•the best etreas would follow, and a great saving would by made to the public. He understood that the place resigned by his Royal Highness amounted to 40001. a-year, besideS provision for 20 horses. There were, he was told, ,other advantages attached to it, but as he was - not perleCtly acquainted with their nature, he should say nothing about them. As (from what cause he shoOld not pr e te n d t o state ). no ment i on Of this resignation was made in the Gazette, or comniunicaied in any other way t o th e pu bli c , h e wished it to be undeistood that it was his intention to submit a motion for the purpose of recording the faCt . upost the J.urnals of the House, and transmit ting his Royal Highness's tiaxie to posterity, as a benefactor of his country. - He concluded with moving for the letter of his Royal Highness the Duke of Cambridge re,signir.g the command of the Home District, and also for the reply to the same ordered by his Royal High ness the Commander in Chief. Lord PALMERSTONE submitted to the House whether the Noble L or d h a d ma d e out any ground for his motion. He had no hesitation in stating, that if the letters alluded to were produced, they would be found'to contain nothing but a simple re signation on the part of th e D u k e. o f C am b r id g e, and -a formal acceptance on the part Of the Com mander in Chief. Conceiving, -as he did, that no ground was wade out, he should certainly resist' the cuotions . Ldra CodrißiNu said he cf not move for the ci Papers from an idea that they contained any thing olimportance, but merely for the purposc , of groiind in,,r, a motimi on there. The motion was then reje&ed without a division. ECCLESIASTICAL COURTS. The Clerk having read the Petition of Mary Anne Dix, Lord FOLKSTONE said, that he desired the Peti tion to be read, not because his motion was to be confined to it alone, but because it appeared to him a convenient way of opening to the House ail idea of the power which was lodged in the Ecclesiastical Courts. The case, when first it came under his no tice, appeared to him, as he was sure it must to every one, to be a case of great hardship ; still he thought it impossible that it should be a case with out rerAdy. lie bad no doubt that there existed some process of law, adequate to the relief of per sons so situated. On inquiry, we found that he was mistaken, that no remedy existed, that no relief could be procured ; and on investigating more mi nutely into the riatureof Ecclesiastical Courta, he found their powers to be such as called for imme diate Legislative interference. As the motion he ,should now make, extended to all Ecclesiastical Courts, be feared'that be should be obliged to go at Rome length Into their history. In the early periods of our history, the Ecclesiastical jurisdiction went. hand inhand with the Temptireal ; and, previous to the Conquest, the Spiritual and Civil Judges sat to gether in the same county and hundred Courts. By an ; Ad of William the First, they were separated; from what motive it w3as unknown. Whether the attachment of that Monarch to the custems of his own country produced the change, or whettera Wish . to get rid of the t r i a l b y Jury might be consider ed a mote natural and obvious reaion s e it was cer tain that such was the consequence, and that by that Ad he had laid the foundation of the subse quent: enormous power claimed and exercised by Ecclesiastics. He conceived that the House would not be tempted to look upon the Spi r it ua l 'C ourt , wi:h a very favourable eye, when they reflected that it had its origin in an attempt to overthrow the Constitution, by undermining the great principle of Trial by Jury ; nor were the worsts of the charter itself likely to paepossess them.' The Courts being thus established, did not obtain much support in tha SUcceeding reign : but the Clergy, 'well knowing the advantage to he derived from them, proceeded, even in the yigQi9US• reign of Henry the First, to -exert their influence; In that reign the Archbishop of - Cantet bury informed the King that the Pope had taken all ecclesiastical appointments out of the hands of Laymen. In the teoublesome times Which suc ceeded this reign, they acquired considerable power, and in 1.14 t they arrived at such an enormous ex-' cess as enabled Thomas Becket to reduce his Sovereign, Henry the Second, to the most hum liating condition. They would find that Henry was necessitated to sign six articles, one of which contained a provision, that every layman who broke peace., with an Ecclesiastic should be tried by a Bi-, shop, and that no Ectlesiastic should be tried by a Temporal Cotirt. It was not likely that in the mili tary reign of Richard much attention would be paid to them, but so forcible was their operation in that of John, that he consented to take the 'crown horn' elf his head, and accept it as a grant from the Ecclee siaatical Power. Even in the worst periods of our history, and before the principles of freedom were properly understood, they never were favourably received, or kindly amalgamated with the sentiments of the people. On the contrary, there were perpe tual remonstrances against the abuses by which-they were overrun. The Temporal Courts were alwayi in diced hostility with them, and Lord Coke had said that their establishment produced no other ef• fed than that of encroaching on the jurisdiction of the Temporal Authorities. In the reigns e of Henry 111. and Richard 11. two statutes were enacted, which limited their power in some degree, but the Clergy were too active in the enforcement of their privileges, and wherever an, opportunity occurred of adding to their vigour, were ready to take advantage Of it: Thus in the reign of Henry IV. though op posed by the Parliament, they were able to over come that ,Menarch. The Wickliffites and Lol 7 lards beginning about this period, the seeds of the Reformation were sown, but the Parliament and the Courts experienced alternate succtsses and de-. feats, Henry VII. led the way to what passed iri the succeeding reign, 'and in the reign of Henry VIII., a dispute arose between the Clergy and the Parliament, respeding an Aa which went to re= fuse them temporal power. The Dean of Winchester published a book about this period, for the purpose of farming that the Clergy should be exempted from the authority of Temporal Courts. In a few years after, the King recommended to Parliament to in quire•into the nature and proceedings of such tribu nals, arid by an Act of Henry the Eighth, a Com; mission was appointed, corisis , ing of thirty-two per sons, for the pOrpose of making out a code of laws for their future regulation. Bishop Crantuer wrote a book exposing their evil tendency, but notwith standing' all this, nothing was dune to miti g ate the evils and abuses with which they abounded, or to soften the objections to which they were exposed, up to the present moment. In the subsequent reign Archbishop Cramner dretakup a form of regulations, but they had never received the sanction, and, of course were never acted on. In the reign of Eliza beth, the whole jurisdiction was tested In Commis sioners ; and by the 7th of that reign, a regulation was made, which extended no farther than to the: writs issued by those Courts. During the whole of Elizabeth's reigu, the sama jealousy existed in Par liament and in the people against them, and their proceedings Were the subject of constant complaint. In the reign of James 1. there were other Canons passed, and some regulations took place in 1()40, but their powers were not confined.— i An attempt was afterwards made in the feign of James 11. to renew the Ecclesiastical Com mission, but nothing was done. In the reign of 111. there was another attempt at . npiove- mem, and another repetition of neglet.'l, and no step was °taken since, except the passing of two Acts in the reigns of George 11. and. George 'III. which were mere suboidinate provisions ; sp that from the time of the Reformation nothing was done, though it was thought to be so necessary at that period. An Ad was passed in the reign of Henry VIII. w hi.h wr,is the one under which the Courts now acted.-- `.[ iteir code was composed of the general Cis zt LatO, and the Cjnou Law, re, , ulatcd by the common Law , ,cate Of TAW ;it was thereforit,neietsdrifr very ilntri: 1 , and requited great leafning.and study. One of the Subjetis he had to complain of was, that person; were . appointed to those Courts who did not possessi the inforinatioti that was essential; he knew them were spate exceptions, but generally speaking, Lilo Judges who presided in them had no legal knowledgs or experience. There were regulations in the Carted Law WhiCh described. the qualifications required; but he believed it would be found that the degrees which qualified persons for such situations, were conferred by the Unive , sitv of Oxford. With re gard to the nature of the Petition before' the itiouid, they would - see that it w.is the excommunication aryl imprisonment of an indtaridual, a power with which he thought these Courts ought not to be entrusted. There were ot hercircumstances connected with therm whiCh al4o required regulation and reformation. The charges - were exorbitant. He should state some eases of attachment for contempt,. vvnich would ex plain them more accurately to the HOuse. One was the case of a woman, who being summoned to appear, - and nocappearing, was imprisoned it. consequence. She was previously c , xcorrimulieJte,.d. The elfeat of excommunication, according to ihe 39 articles, was, that the person upon whom such a sentence was pass ed, was looked upon as a- heathen and a publican, disqualified frpio appearing as a witness or a juror. and, in case of death, refused Christian burial. The Woman whose case they had mentioned was released, after some tiri,e, upon paying 1 11. 123. but not re lieved from the sentence of excommunication.—lt s remained to be iequired by what means a writ froth the Court of Kiria'S Bench, addressed to the Sheriffs of Bristol, caused the unfortunate woman - who was • the objeCt of it to be imprisoned in the 'gaol of Gloucester.. There, however, she was confined for three years and a half. There was another case, of John Williams, who being cited for the non-pay ment of -18 s. Od. towardi the church rate, was, in consequence of not appearing, excommunicated,and rendered liahle to-eery heavy costs. A man of the name of Rawlings having been cited for non-paj merit of tithek, vas proceeded against in the same way.-- The stern for which he was rated was less than 405.; so that a much more summary way alight have been instituted. ' The Procior whom he employed not ap pearing., was pronounced contumacious ; and, subse quently,:: lie • hitnself, for not appearing, was pro• nounced : contumacious, excommunicated, imprison ed, and released only on the payment of costs to the amount of dill ty-five pounds. Another case was of John Willis, a pauper, also excommunicated for contumacy. By the laws of these Court.:, the an swers must be delivered in writing. ThieWilliscould not write, and being a pauper, was miable to employ a proctor, so that for non-payment in the first in stance of 4s, or 6s. he was kept in gaol for above three years, and at length liberated on the expences, trhicls amounted to a considerable sum, being paid by his son - Was it fitting that this kind of .crinte should be punished in such .a manner? In the Court of Chancery, the whole punishment for non-appear ance, was a fine of 18s. 10d. The great uncertainty also of the charges was a serious grievance. Oqe person in Bristol, who was committed, and excommunicated for contempt, was released, on the payment of 101. 15s. while a husband and wife, who were placed in the same situation, had to pay,' the man, 271. the woman, 241. making in 'tie whole, 51 . 1. It was evident, from the proceedings in these Courts, that the costs-were the great objecis of anx. iety. There was nothing more remarkable in their history, than that charges of this nature hail alw:tya been broOght against them. ; Although the pra6lice' of commutation for penance did not now exist, yet the spirit of that praaice remained. Blackstone described it as " an extraordinary.bartering of jus tice," and observed, that the. Ecclesiastical Courts appeared ,to think " that poverty was the best Me. dictne -pro salute anitlye." Many of the suits iq these Courworiginated in malice and revenge. The Noble Lord here . recapitulated the circumstances of the case of Mary Ann Dix, and having dwelt at considerable length on the necessity of Parliamen tary interference, to prevent the recurrence orstich abuses, moved ", That a Comtn:ttee he appointea to inquire into the state Of the InErior Courts of licclesia,..tieal litrisdietion in this Covntr , , to c , n).,i(ter if any r, : t o r ma ti on Was necessary therein'; ;;.n,.1 to report the carne to.the House.' • . , HERBERT was , of.opinion. that his Noble Friend would have brought forward his proposition more intelligibly, had . he separated, those objeas which' ielonged to, the laW itself, from those which. 'related solely to the-admioistratiOn of the.law. A 4 great pan of his Noble Ft fiend's observations coo,. Slated of radical objeaions to the I.lw itself, Hve admitted that it would be extremely desirable if the mode of enforcing the authority: of Eccl-.!sia.tical. Courts by excommunication, Ste. could be abStained from ; but such an investigation as rite one proposed would . not provide a remedy for the evil.* This evil arose principally out ~ of, the jealousy with which the Common Law viewed Courts of Ect. clesiastical LaW, and• which compelled the latter, in then absence of dire& means of enforcing their authority, to have recourse to a. circuitous, incon venient-, and expensive process for that purpose. Although he maintained that the evils were not so great as his Noble Friend apprehended, he admitted that it might_ be. very desirable to amend the state of the EccleSiastical Law in this respect, and he was inclined to believe that there was no person possess ing any Ecclesiastical jurisdiction who would not re.i. joice at such an ocdurreuce. But to this the mo tion did not go. His N6•2le Friend had' alluded to the 127111 Canon, by which which it was ordained that no Pearson should- be allowed to be‘a Chancel lor,-a Commissioner, &e, without a knowledge of the Civil art-lEcclesiasticafL aw , and a l so , w i t i :our NI being a lAVter -of Arts, &c. This Canon had un questionably been disobeyed; and the consequences were very injurrous. \Vete all the &lechers of the Ecclesiastical Courts filled by such men as the Right lion. Gentleman opposite to him, no compl,na suer as the present would ever havel;een made. When first the Canon try' which he 1 . 14 alluded was instituted, it was obeyed. In 1615, .however, a petition was presented to King James, stating the ig - uorancre -abd incompetence of one 444 ,the inch. viduals holding authority in an Ecclesiastical Court. This petition was referred to the Archbishop of Can, terbUry,- and the cousevence was, that a son-in-lag 'of- the iltirn Bishop of Llandati was displaced from his situation. In 1625, a similar application was made to King Charles, and was followed *by a s ‘ iini. lar result,. in the 0 , 11 of Wiiliartr and Ma!y, how ever, a suit of a similar kind, resuectine the Ch:in..