The Sun. — London, England, 1812-02-08 00:00:00

LA Iv REPORT. COURT OF KING'S BENCH, Vs). 7. THE RING V. THL , BISHOP OF LONDON AND ARCH- BiinOP OF CANTERBURY. The ArroaN EY- GENERAL shewed cause against the rule obtained in this case, calling on the Arch bishop of Canteibury and Bishop of London, or either of them, to shew cause why they, or eithet of them, should not admit into their presence the Rev. Dr. Richard Povah, hear him read the Thirty nine Articles, make declaration of his unfeigned as sent r hereto, and perform all other things neces:ary to entitle him to be licensed as Lelurer of St. Bar tholomew, near the Exchange; and, having done all COI:, w spew cause why he should not license the said Richard Povah as Ledurer of that .Church. By this notice, the Attorney-General contendud, the whole line of proceediug in such cases was com pletely inverted. It was never yet heard of, that a Bishop should call before him a person, first to read over the 39 Articles, and then to examine him, and grant him a license. This was the second applica tion made on this subjed. The first application had been disposed of, by refusing the rule, and now a second application bad been made without any new ground on which the Court was called to grant what it had formerly refused. Before he stated to the Court the reasons which had operated with the 131- shop of London to refuse to Dr. •Povah the license • • which it was now sought, by the present application, to compel him to grant, hie thought it proper to call ttie attention of the Court to the form at the licenies since the Act of Uniformity. In these licenses the Bishop was made to express his entire confidence in the fidelity, learning, sound morals, and diligence, of the person to whom be granted the license. if he did not feel this confidence in his fidelity, learn ing, sound morals, and diligence, what Court could compel him to entertain such an opinion. This was a duty which the Bishop had to perform ; the Attorney-General submitted, that the Legislatwe lett to his judgment.to exercise his opinion upors the subjeti ; and having exercised it, the Court could not order him to declare, that a man, in whose fi delity, learning, sound morals. and diligence, he bad already declared that he had no confidence, was 'a man in whom, in each of these several respells, be had the highest confidence On looking to the Canons, and also to the Statute of Uniformity, the same rule would be found to prevail. By the Canons, no person could be admitted a reader, preacher, Sze. except he were licensed ny the Arch bishop of the province, or Bishop of the diocese, or by one of the Universities. And by the Statute of Uniformity it was declared that no person should be admitted a preacher, leCturer, &c. unless he be first approved, and then licensed, and shall, in presence of the Archbishop of Bishop, have read the 39 Ar ticles. He asked of the Court, could they grant a Mandamus, enjoining the Bishop to approve of a person of whom he disapproved ? He had formed his judgment, and according to that judgment the Rev. Dr. Puvah was not a - person 'of—whow lie could approve. Could the Couit grant a Mandamus to rectify and amend this judgment >-- Could it be required of him to grant a license in these te+ms:—" That, though duly satisfied that the Rev. Dr. Povah was not a fit person to be ap- proved of and licensed, stilt, in consequence of a -Mandamus directed to him from the Court of King's Bench, he did approve of, and license him ?" He therefore submitted, that the Court could not, in such circumstances as these, review the opinion of the Bishop, formed, as it had been, on the terms of ,the Statute, and of the Canons of the Church. If the Court were desirous, however , of knowing on , what grounds the opinieze of the Right Reverend Bishop were formed, he. had filed affidavits on this bead also; from which it would appear that the Bishop had been grossly calumniated by Dr. Puvah in his Letter to the Bishop of Sodor and Mann, in which the Doctor represented him as being aduated by motives which were now admitted to be un founded ; while the opinion of the Bishop, as to the unfitness of Mr. Povah, was built on informa tion he had received, and on affidavits now filed, to a similar etreet, charging Dr. Povah with having, 71 his serrnues, enforced the inefficacy of Infant . Baptism. Mr: DAMPIER and Mr. ABBOTT followed on. the b-‘me side. Mr. GARROW, Mr. WARREN, and Mr. COMYNS, for Dr. Penal!, contended that there was nothing but an exporte case : Dr. Povah had not at all been heard, but had been condemned, and an interdict been passed on hills, without allowing him the op portunity of stating a woid in his defence. The la bours ot a long life, for a faMily of six children, and its lott:re rise. LthleS3 in society, in a line of life to hictt he was devoted, and in which there was much coneterent testimony as to the utility of his lAtolos hitherto, depended on the decision of the Court on the present application. They were happy i. obseeve, that of the three charges tt ou,ll, even at first, one after' another, a;leged -og,iinst the tie.etodant, t o -had vanished, and one eeiy was built on to da_y, of which teo, they t+usted the Court would, by their decision, declare Dr. Povah acquitted. The first ground allegesl for the refusal of Or. Povah, was, that he was not in Priest's Orders. rbk was remedied by his receiving Priest's Orders from the Bishop of Sodor_ and Mann. The second -was that he preacitsYl in a Conventicle ; but as to this it was shewn .that Dr.• Povah -had so acod under the auspices of a Bishop of London (Porteous), than whom, be his'successor whom he insight, a superior could not be found in learning, in Reli ion, or in any of the most estimable qualities of an English Prelate. The third charge against Dr. Povah was one which,- if it could be proved, marked him as the most rash, foolish, and unthink -ing.man that ever existed, in making the present application :-11 true, he must be unworthy of ever Ya!tting his foot in a pulpit in art English Church a; tin ; and, on the same principle, the Right Rev. 'Prelate had nut done his duty, in not long ago si lencing him ! , On this charge, however, they con tended, the Rev. Doctor had never been heard, tin less, indeed; it was hearing him, to give private au thence-.to his calumniator.—He had repeatedly re quested to be heard; he had challenged his calum niators• to meet him face to face. He hid impor tuned the Bishop to convene him and them before him, at the same titre, bet this had been Uniformly refused him. It was not, the Leetted Counsel con tended, consistent with the pradite or principles of an English Court of Justice td allow a party to be condemned without being heard. It could not be consistent with the feelings or with the duty of an English Bishop, sitting as a Judge, to examine into the fitness of a C:ergyman appointed to a Ledure , ship, to receive private information, inferring charges of a heavy and calumnious nature against him, and to at on that information, without allow ing the person calumniated an opportunity of meet ing the charge, or of vindicating himself.--Dr. Po vah had done every thing he could to satisfy the Bishop, as to the falsity of the charge madeageinst him, relative to infant Baptism. He had furnished loin with the manuscript notes_ of his sermon on that subject, and had °tiered to bring witnesses be fore him, who would completely disprove the charge. All of this, however, the Bishop had re fused to admit ; and Dr. Povah now applied for a Writ of Mandamus to the Bishop to hear him, and to decide. The question was one of fact—Had Dr. Puvah preached against Infant Baptism, in which case there would be no question as to his unfitness, or had he not ? This was a question that involved the character and happiness of Dr. Povah, and, being a question of fad, he had a right, in the event of the opinion of the Bishop being against him on this point, to have the opinion of a Jury also. Admitting to - - the Bishops all right to judge as to scholastic learning and ecclesiastical fitness, the Learned Counsel submitted that this was not a time to exclude from the Pulpits of the Established Church men of extraordinary acquirements, and to leave cases of this kind to the Bishop untried. All they wished was to be heard before the Bishop, not in any way to force his -conscience. Mr. ILIOUGII.6I, on tee same side, expressed his satisfadion that, however their Lordships might de cide this case, not a man could have that Court without being satisfied that Dr. Puvah's charader was completely vindicated from the aspersions of heresy and schism, with weich it had been loaded, the greater part of which had now been abandoned, acd the remainder disproved by a cloud of wi nesses. The Learned Counsel remarked on the various turns which the course of the Bishop's objections to Dr. Povah had taken--originating in his not being in Priest's orders—from thence changing tua charge of heresy in denying infant baptism ; again; to the Clerk to the Vestry, when the objection, which could easily have been answered it made public, placing his objeation on the want of Priest's orders; and, when that objection was removed, again re sorting- to the char g e of Dr. Povah's having discoun tenanced infant baptism in his discourses. The Learned Gentleman entered into a view of that sepa rate class of the community set apart for holy orders, and argued, that as their holy profession was entire ly unconnected with secular emolument, so to this extent they were rightly under the costroul of a Bishop. Wherever temporalities, however, began to be an object, they - ceased to be considered merely in a spiritual point of view, and coming to partake ..of secular matters, the right of the Spiritual Judge . began to cease, and that of the Temporal Judge to prevail. Of this kind were Ileelories, Vicarages, &c, which being supplied by the patrons froth among the class of Clerks, or men in Holy Orders, the Bishop, almost as a matter of course, fell to license them. If this was so, he asked what ought to be the mighty distinction between the induc• tion into a liedory in the gift of an indi vidual patron, and the licensing to a letureship in the gift of a great many respedable per sons ? If the fullest remedies were recognized' and allowed in the one case, was it consistent, was it fair, was it becoming, that there should be no remedy in the other ?—And should it be left to the Biehoe to say—“ - I so will it—Such is my plea sure ?"—lt had been ruled in all the cases on this subject, that a Bishop, in such a situation, acted as a Judge. The duty of a Judge was to examine, and to hear the evidence on both sides—not to shut his eyes against one side of the question. if he so acted, Le was unworthy of the character of a Judge, and demeaned himself in a very different mapner from what was becoming. This, he contended, was shewn from the cases on the subject, to all of which he referred, and, on the whole, contended, that Dr Puvah being - at the time a person in Holy Orders, ought: to have been admitted to the Leclureship in question ; had a right to the protedion of those principles laid down in the various cases, particu larly that of the Archbishop of York ; and that, hav ing been refused, by a person acting as a Judge, to be examined, he came before them, entitled to the fa vourable interposition of the Court in his behalf. The Judges did not wish, at so late a period of the day (five o'clock), to give judgment in a case of so much interest. It accordingly stands for to-morrow. EXETER, FEB b.—A most extraotdinary circum stance occurred in this city on Monday night last which has excited the greatest wonder, admiration, and interest of the inhabitants. About nine o'cl4ck, as the carriage of J. Williams, Esq. banker, of this city, was going to Colleton Crescent to the Theatre, just as it passed the Friars in the middle of the public road, the off horse sunk into the earth, and in an in stant disappeared ; the alarm the coachman was in we cannot describe, who trembling (or what was to follow Leaped from the coach-box, call for assist ance, and inatnediately cut the traces, when several persons assembled,and discovered that the animal had 'fallen into a large and tremendous old well, of about go feet deep, which some years since had been arch ed over in a most careless manner, with only a single brick, thinly covered with earth, and totally neg leded, since it became a public road. The late wet weather has so penetrated the brick-work as to cause it, with the shaking of the carriage, to give way in a moment. Having obtained a light, it was per ceived. the horse had stuck about twenty feet down, and with great difficulty was drawn up alive to the mouth of the well, when unforrUnately the rope broke, and the poor creature was with dreadful velo city dashed down to the bottom, to rise no more alive, as it was pulled up dead four hours after. The instant before Mr. Williams's horse met the acci dent, Coloi►el Burn's carriage drove over the same place, with the postilion on the horse, both which must have inevitably perished, had the ground then gave way. roticitts.--4"or tOrrie iittie past, dsterley the rei , ddenee of the Earl Of aßitgEr, arid its neigh bourhood about Brentford, have been jacked with numerous poachers. On Wednesday night, be tvieen -elc-yen . and twelve o'clock, Gorge Wood, the game-keeper, with three men, went in pur s uit of poachers; and when they came to a field close under a wood belonging to the Noble Earl, they heard a noise, which, they had no doiibt, wasahe report of an air gun. They made towards the p irt wherize the report came, and heard four more sitni-•• lar reports. When they tame near the spot, th-y heard the breaking of bushes, and a large dog bark who flew at them, and endeavoured to seize them,but they kept him off, and ran towards the bushes,wbere they observed a man going fret them anet running away, They tan after and coming near him; he turned about and presented a gun at theli however, they pursued him courageously, the: - twin turned his gen and oudeayoured to knock the gamekeeper down wi!h the butt end of it; but failing in that, hp s t oil - again. The gamy keeper followed closely, and he threw his gun into thi bushes ; the gamekeeper at length seized him by the collar, when a man of the battle of John Good fellow, rushed from a cover and struck the game keeper a violent blow with an iren instrument he repeated the blow, which knocked the game kecper down before he could recover hirnelf, and enabled the man whom he had secured, and who had the gun, to escape. At this juncture, herd and Fletcher, two of the men who were out with the gamekeeper, to as-ist hit», came up and se cured GoodiellOw. A light was then procured, and the iron instrument proved to be an air pump be longing to an air-gun, which was thrown into the bushes by the man who escaped. The air-purnp was found about a yard off the spot where the grim keeper received - The blows. On the same spot was found a bag, containing leaden bullets, and another containing a hare and a pheasant, which appeared to have been killed with bullets. The air gun was fmn - id in the bushes where the man thre.v it when he was pursued. Goodfellow was conveyed to the Public-Oa - ice, Bow -street, on Thur-day afternoon, and was convicted under the Game Acts of the 3 g. and 40 of Geo. 111. and detained for the assault on the gamekeeper. SUICIDE.--On the morning of ate Fast day, at half-past six o'clock, an interesting female, about twenty years of age, dressed in a gr een gown, bl ac l ‘ velvet bonnet, bl ick stocking:, and altogether de cently attired, plunged herself into a pond beiong• ing to Mr. Brown, of Wattleton Farm, Beacons field. She was soon discovered, and quickly got out by assistance immedigtely procure 1, when all possible means were used to restore her, not of by medical aid, but , also_ by. the attention of Mr. Brown's family ; and although she had remained not more than ten minutes in the water, the v,tai spark was gone, re-animation having been for the space of two hours and a hall attempted in She was seen the preceding etening, an(4 said she going to Oxford, that her name was Ryler, and that she had recently left her pace in PArk-street.--- Seven one-pound notes wr3 - ; found in her pocket. Th e body, however, has not yet been owned, our can any one be fbund iu Park-street who has any knowledge of such an individual as she desclibed herself to be. The body of young woman, respectably dress ed, was found on Tuesday about 100 yards below Westminster Bridge. Hand-bills, descritirg hef person, dress, &c. were distributed, and she wa 9 owned the following day. She was in a state of reg.". nancy. A Coroner's July returned a verdict- - ‘, found drowned. On Thursday right, the house of Captain Hap in 'Woburn-place, was broke open and robbed of several articles of value; with which the depredatolo effeCied their escape undiscovered. BIRTHS. On Monday last, in Portland-place, the Lady of Pc)cf, Free, Esq. of a Son. On Tvesclay last, the Lady of Gilbert West, Esq. of $ l , Daughter. In Holborn, Mrs. lames Davies. of a Son, MARRIED. On the t sth of June last, Miss Mary Macharg, to joke Macalister, Esq in the Company's Civ,l Service at Pen.4o Colirdor of . Malacca, and nephew to Colonel late Governor of Penang. On Saturday, at U ley, Gloucestershire, Edward ThornY' croft, Esq. of Thornycrott, Cheshire, to Ann, Dowag o Viscountess larrington. On Tuesday, at Walcot Church, Bath, Charles Ibbetsont Esq. of Down.llall, Essex, brother to Sir Henry Carr It/' betson, Bart. of Denton Park, Yorkshire, to isa Charlotte e Stoughton, eldest daughter of Thomas Stought on , E sq . 44 that City. On Thursday, by special license, at Burnham, in the A County of Bucks, the Eat! of Ilehe ster , - to Caroline, secaud daughter of the late Right Hon: Lord George Murray, The swine day, Mr. James Hickson, of Wandsworth, id Surrey, to Miss Gcale, 0101) daughter ut the late Mr. Ccal 4, of St. John's-street. DIED On Wednesday the 29th ult. Lewis William Broom;lier. Esq. of Barford•House, %Vats, and ut Pe!hams, liorse" shire. On Sunday last, th e i n f an t son o f Mr. Edward nf Tones, - Piccadillv, aged ra months. _ _ On Wednesday 121(dyning, Frances, the wife of Tohn Depckco of iligh-street, Borougn, iu tho 35th year of her age. The same morning, at hr father's, in Duke-street, WeSt' ininster, in the t 6th. year of her age, Mary Anne, the elde sl daughter of Andrew Belcher, Lsq. Lite of Halifax, Null' Scotia. The Rev. Mr. Bayntun, Reaor of Road ond «oolverrtotl• On the 22(1 ult. at Amino, Lochtine&ide, Dunucta t.:4 l ' him. in the !`6th year of his ag.:. At Brislingtcn.lionse, nearliistol, aged five years, &win Fytiell FCIY, son of Edward Lung kcix, M. D. who - 5. 4 . 4 , dreadfully burnt the preceding evening, by a sp a rk, as it IS supposed, having fallen trout the candle nu the bed Lip:hes. COAL MARKET, Fzs. 7. Ships at Market. Ships sold. 74 Newcastle . . . 7i . 475. od. to Os, bd. Sunderland . . t 495 6d. to —s. ° PRICE U Y&STE A' 1" CK S RDAY. Bank Stock, 232' New S. S. Ann. 621 t x 7 c s i 1 e p q r . — 131. 3 ; :1 1 , L s i ,. 3 p t. r_ f ia e y r , cia s ) o . : Navy 5 per Cent 93 i i 4 per Cent. 7 9 1 79 per Cent. Iced. 631 7s. pr. 3 per Cent. Cons. 62 i i 1 Omni u a), i dis. Bank L. Ann. J 6 5- ititlis I. Imperial 3 per Cent. 6t } India Builds, iiis. 175. pr. Cons. lor 27th Feb. 62} South-Sea Stock, 67 4 HIGH WATER AT LONDON BRIDGE TO.MOIL" RO W. Morning, 56 min. after to. Evening, 21 min. after It• METEOROLOGIbAL JOURNAL, BY R. BANKS, PumosorizicAL INSTRUMENT MAKER; STRAND. Thermometer. F. .1 • 1 *.± I.:It: '',' c. 2 2 :;.: ..: • 1 • ^' :- E - 7i -7 - • -* ... .= '' :14 .`.•P -8 2. .• ..... .2. a... t.o --. o • ;',.. IG. 01 :11 .-4 ~,, c r , c i,- 3 :-.., ... 0 0 . 0 I 45 46. 47- 44 29. 71 .12 Rain Rain 2 46 46. 4i. 42 , .63 .12 Do. 1)O. * 3 43 4 6 . 47- 45 I -.5-j • CI:1y. . Cidy. 447 4 8 - 49- 45 I .2. .08 Rail' 'Fait i 47 47. 4• 44 I -5 2 .50 1)o. l Cldy. 6 45 45. 4 8 - 137 ' .42 . 0 2 Cidy. 1)0. 7 3 8 44. 45. 36 .90 .ii Fair Fair I I - .951 I * 13, ;oisterou s night. POLICE. ATANstoN-Hous7.—Yesterday J. Davis, charged with stealing a bill of exchange, for the payment of 35i. 15s. from a man named Knight, who had in trusted him to get it discounted, was remanded by the Lord Mayor, for farther examination, until he should consider whether he ought to be committed f o r felony or fraud. Henry Priest, a hackney coachman, was charged with stealing 35i. 15s. from a man of the name of Donnell, under the following circumstances.—The prisoner had procured a man, named Wootton, to be the purchaser of a hackney coach and horses from the prosecutor, for which he was to receive two pounds agency. He retired along with the prose cutor to the Black Horse, Aldersgate-street, and contrived, during conversation, to ease him not only of his agency fee, but of the whole of the purchase money, and then decamped. He was lay com mitted for trial. THE LATE VIURDERS.---The result of the re cent private examinat;ons of Alblas and Hart, at Bow-street, has exculpated them from anv partici pation in the horrid murders of At:l - r and son's families, and both are now discharged from confinement. It is but justice to these unfortunate men, that the attention of the public should be di rected to the circumstance of the stria caution ob served by the worthy Magistrate at Bow-street. It will be recollealed, that on the night of Williamson's murder, /MIAs was in company with the suicide Williams, drinking at the Black Hdrse, New Gravel lane. At half past eight o'clock they left the Black Horse, and went to Williamson's house, where Al bias left Wilharm, and went home. To prove the 69, Mr. Graham was anxious to trace the most minute particulars, sod after repeated investigations, the statement of Alblas fortunately corroborated the alibi proved by several witnesses, excepting on that occasion, Alblas was far from being the com panion of ; and although he was confined for some time on suspicion, the lenient treatment he hail experienced alaeliotated his situation, and the Magistrates, on discharging him, have offered a remuneration, which has satisfied Alblas for his re cent sufferings. The case of Hart, who was discharged yester day, was, unfortunately for him, more strong in justification of his detention. Hart was a car penter, employed in the repairs of Mr. Marr's house at the time of catastrophe. In consequence of a tool bring found in the houie belonging to his employer, which was supposed to be missing, he was examined at the Thames Police Office, and was discharged. It was rather singular that Hart lived opposite the Pear Tree Public-house and on the night of Williamson's murder, he went home intoxi cated, and remained on the step at the door without obtaining admittance. In this predicament he was discovered by the officers, who bit - ought him up for further examination to Shadwell Office, and the. M agistrates investigated the subject four times, and each time the accouni Hart gave of his coedua corresponded with the evidence of other witneates. 'to appease the agitation of the Public, the Magis trates at Shadwell Office ordered Hart to be sent to Wlfitechapel, where he was again examined and discharged, on the assurance of his forthcoming for further investigation. The worthy Magistrate at Bow-street was impelled, by a sense of duty, to en deavour to sift the coincidence of events against Hart, particularly as he was in the habit of di inking with the suicide Williams at the Pear 'Dee public house. Hart acknowledges • the indulgence he re ceived in prison, and as he was placed in a similar predicament with Alblas, the Magistrates, it is sup• posed, will also remunerate him, Irons a coos iation of his innocence. The !Magistrates at Shadwell most generonoy compounded with the creditors of Mr. Vertniiloe, and effLeted his release from prison. Yesterday a Court of Directors was held at the East India House, when the ships PAH Howe, of 876 tons, and the Diann, of 605 ions, were . taken up (or one voyage in the Company's service. There is, at the Cape of Good Hope, an animal, in the water, called Insee, well-known by its alarm ing consequences, bui seldom seen in England. One of that kind, from the child of a respectable me►- chant in the city, may be seen in Dr. GARDNER'S Museum, 74, Long-acre, expelled by his Worm Medicine. The cries of the patient were unbearable while this monster, having four horns, six legs, and twelve feet, was devouring its vitals. Strange to telt, it lived 8 days after expulsion front the bowels, and the child was safely cured. Dr. GARDNER gives ad vice fuur days in eact►. week, at his houses, Long acre, and -Sboreditch. Sunday night Mr. Philpot's shop, in Turnstile, Holborn, was attacked by a gang et robt,ers. Their noise awoke Mr. Philpot, who got up, lookei out of his bed-room window, and sprung a rattle, which alarmed the villains, and he saw three men run away from his shop. On examining the shut ters, it was ascertained that they had been tried in twelve places. The thieves had forced an opening below, which proved only to lead to the place where the shutters ale kept, and not to the.shop. LONDON : printed by 1 HOMAS WOOD, of No. 35, Maiden-lane, Covent-garden ; and Published by WI I LIAM ARMI C E R SCRIPPS, South Nlol ton-street, Or-nvenor square, Weathei.