The Sun. — London, England, 1828-11-27 00:00:00

;. II SPIRIT OF THE LONDON JOURNALS. There are animating transactions to be ob served upon at this moment, in different parts of England. Leicester, on Tuesday last, was' the scene of some which we must lament the im possibility of recording at full length for, .our ,readersivbilt 'it is A fint'Srgilt to behold a body of « artisans and mechanics," adopting the title of « friends to civil Ind religious liberty," meet ing6,asiiert their pri nc ipl es , at a public dinner t to canvass the conduct of their representatives in o mpoging and vo ti ng an a d- Parliament, and composingdress to one of them, which was as remarkable for manly eloquence as for perspicuous and 'discri minating knowledge of the subjects to which it adverted. Mr. Otway Cave is the popular Member for Leicester ; and in this address of his industrious constituents to him, they describ ed in glowing langua g e their sentiments of re spect and gratitude for the spirit and independ ence of his Parliamentary services since he has occupied his seat. Mr. Otway Cave's conduct on the, corn question,—on the corporation and test acts,—on the Bilk for restraining corpora tions from an abuse of their public funds,—and on the borough rates and jobbing system which have oppressed the people of Leicester, is 'made the subject of high and warm encomium. The Hon. Gentleman was, on. the same day, but at a later hour, to join a dinner where one hundred and twenty gentlemen of rank and influ ence in the neighbourhood assembled under a similar" political title as the meehanies,--r-viz. 4 , friends .of civil and religious liberty and as the honourable Member was in the-town, a de hutation of the mechanics went to wait upon im, and Mr. Otway Cave, entering the room, delivered a bold and impressive speech, enume rating the various acts of abuse and impelicy which he bad opposed in Parliament, and pledged himself to continue the same determined opposition as well to general corruption in tem poral matters, as to .bigotry and oppression in religious. Mr. Evans,. the nnsuccessfid popular candidate, received likewise,. and replied, to, an affectionate address from the mechanics.: The dinner of gentlemen was hettl.:at,a.different inn. The company here breathed the same spirit as the.former, but would hart excited in our minds, we believe, though Kith' 106: respect, an infe rior public interest. Mr. Paget, of Hembleston, was 'in the chair. -.4z , e-Ceitilsolie..Einancipation,'! and the " OAVllirt#:-Vof - the 'Press,' were given in their tutii"otiiadjiiiitt :ic c lam ?L tions ; and Mr. 0. ,Cave L.—Mr.:Evans repeated the strongest pledges, of 41)0:4)0'44:al. (;ppsistcricy, in return for the cordiality..-with.: whiditheir bealths were drank. It is-evident that a power ful anti-monop* and,. anti-corporate spirit is • nourished . iunong„th,e peopl,og 4.eicester.— Times. . . The ardent feelings - of benevolence which have at length been excited in the hearts of English men towards the unhappy SpaniardsJ will not, we trust, be permitted to evaporate, twtil such a provision shall have been made for these poor exiles, as may exempt . their friends from, the cruel obligation of hereafter -bringing under public view the sufferings of 'sensitive and noble' minds., which exposure never fails to aggravate, before it can relieve them. The example of London has gone forth over the land, and. will be ans,ver, we doubt not, by a harvest of con tributions worthy of English generosity,' and of the cause which appeals to it for succour. Letters - continue to pour in upon us. Two bear the stamp of female eloquence and -compassion.— The Arst of these writers-a'• Woman as much distidtuished byliterary reputation as she is esteemed and beloved for her domestic virtues-- appeals to the students at the Universities of Ox ford and Cambridge, of Eton, Westminster, Win chester, and Harrow, to the members of the two United Service Clubs, and of all the other great clubs in the metropolis, as countrymen of all the herees, patriots, and sages, who hare defended Britain by their blood, and immortalized her by their memories, to grant even the smallest in dividual sums; for the protection from squalid misery and from stern despair, of those who rank with the most glorious martyrs known to English history for' national independevicv, for loyalty, liberty, and honour. We do trust that an appeal to all the higher feelings of Eng lish gentlemen, offered in names so sacred, end in so pure a spirit, will not pass away unheard. The several societies thus appealed to might, without an effort worth speaking of, raise, by petty separate subscriptions, a large collective sum. The men of Cambridge have anticipated the call now made upon them—and the Union 'Society, the nurse of eloquence and liberal know ledge, has already' announced the receipt of a handsome contribution. • A second lady recom rnends--and. we are sure that the scheme would be most cill?,ctual—the formation of committees of ladies to assist in collecting and selling, for the benefit of the exi led f whateverarti clew of use or ornament the ingenuity o f their Members may produce; ,and to consider in what , ever way, whether by the opply gar ments or otherwise, the comforts of the refugees may be best promoted at this inclement season. Another correspondent suggests good tutored ly, that the card-winnings in the' families of twigs men, with whom parties . for quiet amusement are frequent from this time until after`Christmas, should be all applied to the use of the Offering foreigners. Even a few shillings per week from each would amount to a liberal 'sum, the pecu niary loss to individuals would be little, and th e gain in temper and sari ifaction great. An affect ing appeal has been printed and circulated widely through the borough of Southwark. We reg ret that want o f room com p e l s us to om i t i 4 ; b u t it cannot fail to do good.—Mid. The best earnest which any one can give of the sincerity of his professions is to lake his sharein the privations whi c h his ‘i - ginciples, if A d opte d, tend to impose upon others. Te'.ll4s, when the top-iawyers a the Association pro claim what may be called a N,on-intercourse Act with Protestants, they ought, if O ev are T o sincere, to practise in thew own persons the oc. d, trine which they preach. this te s t we would then bring them—have they, by astki:),g, resolved to acrPpt no brief from a Protestant attorney, or one on which the name of Protestant harrister, is marked either as leader or jut4or ? W e should l ay. of the non-intercourse project, API to he hated it needs but' to lie felt ; and that if the learned of the AssoCiation would only a pply its rigours to their own profe.ssior.,ii* would then know from experience some little of tha evil which they bring Upon others, *and Would give, us we have said, a practical earnest of their sin- 4 ...„,,.:_,‘... .1,..-.. .. A MMki cerity, of ten times more weight than a waggon load of speeches.—Morning Herald. At a Meeting of the Parishioners of the united parishes of St: Mary, St. George, and St. Thomas, Dublin, on Sunday last, Mr. O'Connell, in a speech recommending the esta blishment of Liberal - Clubs, 'made the following observations :-- " Know you that, in almost every part of Ireland, the gaols are nearly empty; it is because the Asso ciation has preached obedience to the laws; the mo rality of private life is extending, and the people have become better men and better Christians.— Our revered and talented clergy have ever led the way in every work of charity and benevolence; but now they are crowning the pedestal which their virtues have raised by the brilliant gem of patriotism. (Cheers.) I repeat it, the gaols are nearly emptied. (Hear, hear, hear.) Yesterday I had a conversation with two English gentlemen, on the comparative state of crime in the two countries. I informed them that the jurisdiction of the Constitution ex tended about ten miles on every side through the entire county of Dublin. One of them expressed an opinion, that amongst the population in so vast a district, the number of executions might be from fourteen to twenty annually. Years,' I said, pass over without a single execution.' Then,' said they,' there must be five or six hundred trans ported.' They were utterly astonished that the number transported last year was not more than fif teen or twenty. (Hear, hear.) This is 'a specimen of the absence of crime in a country where the vio lation of the law is forced on the people by op pression and poverty. Such is the morality of a country in which God has permitted cruel tyrants to ride rough-shod over the people." We will admit the facts stated by Mr. O'Connell. We have heard again and again from farmers . in Kent, Surrey, and Sussex, that the Irish are much more honest than the Eng lish. A friend, who is an extensive cultivator in one of the metropolitan counties, assured us that at hay time and harvest lie had frequently had numbers of Irishmen on his grounds, em ployed for weeks, and he did not believe that he had ever lost to the value of a shilling from them, and that the experienee of his brother farmers on this subject was similar to his own. The lower order . of Irish are less addieted to crime than the lower order of English. But_when we have admitted this, what is the conclusion we are to draw ? From the way in which Mr. O'Connell ' states the fact, it would appear that he looks . upon the superior honesty of the lower orders of Irish as something miraculous—as the reward of their fidelity to the doctrines of the Catholic Church, or as connected with the Milesian organization, in some such manner as red hair is supposed to be with the Caledonian. For our part, we like to reduce the miraculous within as narrow a compass as possible, believing that the charac ter of man is entirely dependent on the circum stances in which he is placed. That . the Irish are kss disposed to steal than the English, isad mitted. But in. comparing two nations, we must not confine ourselves to one 'object. What is the conclusion at which we should arrive, if we were to make the honesty of the lower or ders ,the highest excellence in .a nation ?. This conclusion only, that the Government under which the Irish live is the. very best possible, a fal - that every nation should seek the benefit of that degree of persecution to which they are in. debtedlor tiir poverty and their exception from crime. It has been epmetimes said, that there are more commitnisnts_for theft in one town of England than in the "whole 4tii. - 4ris n l empire. But does it follow that the condition of the people in the Austrian empire is preferable to that of the people of England .2 Some of the late inquiries offt.hp 'French Ministers euppose a more philoaOttliical view .of crime than has aez netakst been entertained in. this Wintr y. kingdom ,of France comprehends provinceg dd.? feting - materfially in civilization from each other. The laws are the same, and the judicial administration s .the same ; but crime exhibits itself in the iiii4o4 ppssible . va riety, In Corsica, and the neighbourbo4 the Alps and Pyrenees, crime displays itself princi, pally in offences against the person ; in commer . cial neighbourhoods silence is rare, and crimes against property . become fn.:vent. There is nothing arbitrary in the direction k.Th;,eh crime takes in any country. In the lowest' state of. vilization, property acee not extend beyond what a man can carry about him, Renee the diffi culty all circumnavigators have fon4 in restrain.. ing savages from seizing whatever they zrp . re struck with. Ts! subsequent stages, the right oft property i 3 extendedio animals and to domestic conveniences. Thencefonva,r4 theft becomes a serious crime—more serious even to 4,7 offences against the person. In all the . _ early histoirig.,z, , 4 nations, assaults, wilgever the result, are pu nished slightly, while petty !hefts are punished with great severity. But a time omes - when property is abundantly possessed by nut:44 . 5 in a' community .; while ri.umberg, again, are in a state of great privation,.and, to add to their dis &intent, they are everywhere present: A with the contrast of persoug more fortunately eirc.on stewed than themselves. The severe laws against theft,- which were enacted in tittles of great sim plicity; soon cease to be applicable to a state of society in which there are numbers without pro perty constantly tantalised by the spectacle of others enjoying propert y ; and the humanity of the more fortunate renders such severe Jaws a decal letter. Hence, in the progr, ess of society, w e find theft looked upon as more and More venial ; while, on the other hand, the indigna tion of society is espeeiail;' directed againstt crime s of ;Ti c) ] ence, as not carry - iilpvith them the justification of necessity, and being foreigti to the habits of an industrious population. No comparison can prop er ly b e ingi;oted between a population like that, of Ireland and the Fnalisb• The lower orders of English see themseivee every where suir p O r u ia n t d e e . d blhproperty, become which po zic t h h e e r y s whenever they lrc present poor i ly r T i . s o t h l tf we ; P li b i t t a li t tbofiroust:ugl:ll.letcissto,oc.of constantly coarriseba.s,ieeplyteapatpreor are unoccupied or their - wages Pseu..e to support them, a fe b e e lbi e g nabi t e h d at to a to work live, ~. ated than the lole:er. l t m a ly nd are neve • so they are better then . the latter are Pa t e xposed to the by the P.44%.t1it sp„.. lioadeaNnyltenoftceol:llllPeitTassitlie°niljiSt;iinsg aaromuant(btleetrt:coin.ll... whether it wrAi.;4l be ip for them' to be honest or to steati. the one case th e y n;"„ust labour hard, 'and receive poll; iii the other cr;se, they have a good roo f over tt;g-i; heads, and, by transportation to New &naSouth Wales,. become great 144.110rc1s in their ...turn. Tl , ey knot's , that they cannot be w..s,ske, than they • are. raey know that severe laws gaiiimt could . not be ezecuted in our da a ys. Their whole h a bit s ' are foformedcopsiderations of this ' Nay, we question, from j i shs, we have • heard, v. , hether an honest labourer on a . ram! would . n ot he vietved by his fellow-labourers.as a spy Oii therm , an d rendered miserable. :We aiittae to these :things because nothing can be more unsatisfactory than the mere statement, that in one country there is so much crime, and so much in another. Human nature is every-. where,the same ; and to make the compari3on instructive, we should know to what circum stances the difference is owing. Mr. O'Connell is anxious to assimilate Ireland to England. But were Irish similarly circumstanced, hi s moral Irish would become thieves and swindlers like the English : while there would be fewer bloody heads at fairs and on holidays.--Morn ing Chronicle. LAW INTELLIGENCE. COURT OF CHANCERY, Nov. 26. BLAKE:Hoar V. THE GLAMORGANSHIRE CANAL COMPANY. The Court was occupied during the whale day with the arguments in this case, which were not concluded at its rising. VICE CHANCELLOR'S COURT, Nov. 26. JUDGMENT.--ROWLY.Y V. ECCLES The VICE-CHANCELLOR, on entering Court, pro ceeded to give judgment in this cense. . It was a case in which the plaintiff had filed a bill, praying that he might be relieved from a bill of exchange for 26,0001., which he had given to Mr. itichard Gur ney. What appeared on evidence was this, that in 1816 the plaintiff was heir-apparent to Sir William Rowley, a Baronet residing in the county of Suffolk, and poSsesSed of a large estate, of the value, it was said, of 10,0001. a year. There was no direct 'evi dence that the plaintiff was in embarrassed circum stances. At the same time there was no evidence that a valuable consideration had been given far the bill; and the fact, therefore, of his having given a bill of exchange for so large a sum as 26,000/. - was a circumstance 'from which, in the ordinary transac tions of life; it Would be inferred that the plaintiff was in difficulties. This hill was given in August, 1816 ; and in September, 1817, Mr. Rowley made an affidavit, that for all bills and securities given by him to Richard Gurney, he had received valuable consideration, and that such bills and securities were not either directly or indirectly connected with play. This fact had been strongly relied upon; but it was an occurrence so strange from the ordinary transac tions 'of life, that - it only proved to him that Mr. Rowley . was altogether under the influence of the party in whose favour that affidavit was made. It did not distinctly appear in evidence what was the real nature of the .transaction out of which these securities arose, because Mr. Gurney, who was capable of stating on" oath what the real nature of them was, merely stated when he was examined, that he employed Bishop to negotiate the bill, and then proceeded to state circumstances which occurred while attempts were made to negociate it. Of the .real state. of the transactions out of which the bill 'arose, Mr. Gurney, .who could have given the desired explanation, was silent. It did not, however, appear to him to be very mate rial what the nature of those transactions was. The bill of exchange in question clearly fell under that species of security against which the Court would relieve the party by whom it had been given. Lord Talbot, in the case of " Poole and Evans," and sub sequently Lord Hardwicke, in the case of " Chester field and another," had entered largely into what they called the policy of the law . in cases of this description. Lord l'albot—and his Lordship had been followed by Lord Hardwicke—observed, that great injury having resulted to old families by the sale of reversionary interests, it had become the policy of the nation to put a stop to such mischievous practices, by setting aside all such bargains, with young heirs. His Lordship observed, that theßo-;. man legislators had adopted the same policy for put ting a stop to prodigality, and that in this they had been followed- by all wise legislators in -every civi lized country. Now, although the bill ..)f exchange in the present case was- not, strictly speaking, the sale of reversionary interest, yet it was much of the same nature. It' was an expected gift, from Mr. Rowley, payable after seven .years, and for which .no consideration had been given. The affidavit of Mr. Howley was, as he had before observed, in his wind, a proof that Mr. Rowley had been wholly antler tbo ;anew of Mr, Richard Gurney. No person could have seen* this hill without suspecting that there was something unusual in it, and it ap, peered that there had been five endorsements on' the bill.. It was endorsed by Gurney, by two.persons named Bishop,a person named Mann, and by Becker. ft w. 40 stated by Eccles that he had largedealings with Becker, i)y: !Acta this -bill was brought to him in December, 1817, gpcies yery properly paused be fore he had any thingsto do with if; gp4 st this time, in conformity. with the recommendation of .his pro, fessional adviser, -Mr. Sweet, refused •to take the ;Ail,. He could not help observing, that in this case Mr. Sweet iipmred to be - the only person whose conduct had been 'bi:l ; 4l4)le and prudent. Eccles stated, that in the month of 018, he had taken this bill from Becker as . a collateral' security foci e. large debt due to him from Becker.. It ap pearett mezefore, that no specific value had been put upon the bill ; that 4: had been taken merely as a collateral security, and subject ; - .R, all, risk. It was said that the bill came into the hanii4 of F,cc}}tes in a laiy,mercantile way. If so, how then did it happen that thp indorsement of Becker had been erased from the bill? itth; .p eared to him to be . an absolute demonstration that the b).,1,1. did. not come into the bands of Eccles in a fair and" inerca;;i;;'..e way., Be- . g l / 4 4es this, Eccles had been told enough retpe,ctirtr; the IA excite suspicion, and Eccles having taken it under ,suck cirev4stAnces, must suffer all the con sequences of his imprt:adang,e, In his opinion there }vas sufficient evidence to show t'iat ixji .bi!l was one wiria4 ,the policy of the law would not alln,v f:gpfrs to keep. tf must be given up to the plaintiff, and so far he granted the ,rayer of the bill against Eccles with costs. As to the other 34,cties, as they did not appear, lie must make against thdni •4e common decree nisi. Mr. TEED and Mr..,gI.TGE attempted to address tbe Court. The piton . of their observations ap peared to he, that the plaintiff lityjng, ,by hisirfflnll - conduct, been the cause of the suit, the Court ought, if it ordered the big to be Oven pp, to visit the plaintiff with the costs. The - VICE-CHANCELLOR. observed, that such oh. seryttijpris, after the judgment of the Court had been given, wee, ;.Jtc . tge,:ther irregular, and that he. could not listen to - them. • ii 1:;s zt,rdgment Was not satis factory, it might be submitted to ariztlw tribunal. VATSON AND OTHF.RS, RXECUTOM OF SIMS, - aITF. OF WELLINGTON AND °TILERS. This was an app,l,i,rion for the payment _of 44,201/. Os. 7d. into Court in itkfo pause, being part of the share of the late Marquis of ' i t -lasting, p): the Deccan prize-money, and which the Duke of W.ei lington and Mr. Arbuthnot, as the trustees of the ride-money, admitted to be in the hands of the East ndia Campay, subject to their order,' and' the trustees were ar,l in regard thereto . as the Court should direct. Tho . P4o;. '?! - (3-91 . ed the 44,20 U. OS. 7d. to be Paid in. COURT OF.KING'S BENCH, Nov. 26. Lam TrciTIRDEN sat at Nisi 'Prins for' about an hour thif4 morning, an44isi2 . ,?sei of undefended causes. . , At 11 o'clock the names of the jury zwg,..pgyecl. over in the case of the TRIAL AT RAH. R "" 41REIITON.-110F. V. 131tENTON.--T►IE BRENTON. • The ATTORNEY-GENET!AL (6 ' ll ,0, - ,1? . a7(1 - said:he understood that his Learned Ft ietitt.Nr.'l3rotikharu expe4e2. that he (the Attorney..Cie:feral) 'should: reply to ihe plainti4"s case before hePlr..Brough:!nt) . again addressed the jary. ti.i.;,c4se had been con= ducted : as cases ordinarily ivere . ,..lie:sliOu,ld:hayi,hi4 po -objection to wave his toiriejf 2 : o ;o, 2 r'il appearing on'trb'eliartioe'the''crOwn in atrial; at,bar, lte ,nndoubtalY. the case had been conducted+ tintisind, ' manner, he insisted on his privilege of having the last reply. Sir J. SCARLETT observed, that in all Crown prosecutions in •the Court of Exchequer, the Attot.:: ney-General was beard last in reply. Lord TENTElia*—But in those cases the King is a pally on the record. Sir J. SCARLETT—The interest of the Crown Is the same in cases where the Attorney-General ap pears to defend the interests of the public; and in those cases he has the right of ultimate reply. The ATTORNEY-GENERAL observed, that the trial at bar in the present case had been granted .on his statement that the interests of the Crown were involved in the proceedings, and that he was in. strncted to defend the case on the part of the Crown; so that the King was the real .defendant in this case, though not a party on the record; and therefore he (the Attorney-General) insisted on his privilege of reply after the plaintiff's counsel had been,heard. Lord TENTERDEN (after conferring for a few minutes with the other Judges) said, there being no instance pointed out to us in which the Attorney- General has been allowed the lastfeply in a case like the present, we think the safer Csitirse will be to let this case proceed in the ordinary.'way. The ATTORNEY-GENERAL then proceeded to re ply to the plaintiff's case. The plaintiff's proposi tion was, that he, being the possessor of the surface • of the soil where the minerals in question had been dug up, had a right to say to the lessees under the Crown, " What you have dug beneatieN surface belongs to me." This, he believed, w the plain tiff's proposition ; though his case had been ma naged in such a manner, and his evidence kept hack like" deferred stock," as it was called in the city, that until yesterday it was very difficult to kntiw or Conjecture what hiS case really was. The Propo sition on the part of the Crown ' however, was; that the minerals in question having been dug up under a superficies of land called a conventionary tenement, the plaintiff, as the tenant, had no right to any thing found beneath the surface. It was 'unnecessary for him (the Attorney-General) to enter into a definition of the words " conventionary tenement ;" it was suf ficient for him to Say, that the estate of which the plaintiff was possessed was less than a freehold, - and being so, the tenant could claim nothing that was not incident to ,the tenement, qua tenement, but must make out his right, if he had, any, by some ex ternal and extrinsic title, lie (the Attorney-Gene- nil) had adduced evideNce;to'show that the same identical tenement, called " Nantz Le Mellon," of which the plaintiff was now. in possession, consti tuted the locus in quo in which the minerals in ques tion were taken—that that same tenement, by the same name and description, and the incidents, character, and qualities belonging to it, as recorded in the assession rolls, caption of seizin, and other an cient documents, was, in the - year 1774, surrendered to a person of the name of Simmonds, who after wards surrendered it to . Mr. Joshua Rowe, and who had acknowledged on the court-roll that he, took it nt that time with all the incidents and qualities which belonged to it 500 years before. This was the case which he (the Attorney-General) had made .out on the part of the Crown. His Learned Friend had, indeed, treated the assession-rolls as documents of little or no authority, as mere albums in which the stewards wrote nonsense, like ladies who in those books recorded the passing events of the day. (Laughter.) He saw, by the countenances of their Lordships, that they thought he was not treating ladies' albums with due respect, but— Lord TENTERDEN—You coupled the ladies and nonsense, Mr. Attorney. The ATTORNEY-GENERAL begged parcloia of the ladies, and he would remind such of them as did him the honour of attending the discussions in this case, that it frequently happened to lawyers in that Court, as it did to - meni6ers of Parliament else- where, that they bad occasion to apologise for un guarded expressions which were used unintentionally in the heat of debate. (Great laughter.) He would now advert to the principal documentary evi dence which he had adduced on the part of the de fendant; and he would first of all mention the Par liamentary Survey : in which document it was stated " that there ought to be kept in the manors in ques tion al) assession-court every seven years, to which the tenants'were bound• to repair, there to enter their claims, take their tenements, and renew their holdings; not that their old holdings were to deter mine at the expiration orseven years, but because divers advantages did and might accrue to the lord by the renewals." This was the language as recorded in the Parliamentary Survey; and Sim nionds under whom Mr. Joshua Rowe claimed, took the tenement in question subject to all Jill?) incidents as recorded in this ancient document.— He took it "to hold to him and his heirs from seven years to seven years, according to the cus- JRn of the manor." The tenants undoubtedly had an indafg4sillle right to renew; but their right to renew from seven year:, to seven years did not give them freehold estates. They. took nothing more than a' copyhold or a leasehold estate, with a perpetual right of renewal; and this was evi-, flared by the fact that rents, heriots . , and fines were payable , Rad also that the tenants were to perform certain services, and 4o fealty to the lord, and also to find pledges (sureties) for reparations and payment of their rent. These were the incidents which belonged to this species of estate several cen twiez, agp, and they had existed from the earliest times to , the pre;enr rnment, The particular species . of land which was called duchy or prince's land was well known in Cornwall, and was as easily distin- guished•from that which was called free land as a field of oats was distinguished from a field of barley sn Hei:tfordOire or any other county, or asa male was di , tinguishable from a female. He (the Attorney- General) had shown that the Duke of Cfnwall had a right to take •R toll of tin ; and with respect to copper, he had proved by the leases granted from a very earli periridohat that mineral had been taken and enjoyed by personi ; 4l;§ritirt from those who oc cupied the surface of the land. hwo fapt known in. Cornwall, that copper minerals, as well as r thoSe of tin, had been always claimed by the Crown. he eire4nitqnpe.became notorious so long ago as 1662, %Olen proceedings werp instituted in the Court of Exchequer; and yet from Olt p i eriod, fo thp rime when Mr: Joshua Rowe set up his ciuim, no person had 7:eptired to come forward and litigate the question,-wNci had ppw been so long under fl o iscuicsinp, at the •3n4ance 9f:thts same iffp. Jpshua Rowe. Th notoriety of the claipi of the Duke of Cornwall to the minerals in iine§nnn not only prOduced no' litigant •to contest the que;-; tion, but the tenants and owners of the land had, for a long series of years, confirmed the right of the 'crown, • kfty p,41-mitting its lessees to work the mines to.a considerable eibor, ,-014 tg pi:t, into their own pockets' the' valuable products. 'ThA they tvo„lil not have done had they not been fully satisfied that the-Croun had the power of granting the leases. .f( e :h a d he.9.rd lawyers talk of strong and vi o l en t p m - . st imptions.'LOrd Colig himself had alluded tethem ; but that the Crown, who was entitieti to all other minerals, had no right to the minerals of copper, 'gas not only the most stron g an d v i o l ent , b ut t he most tempestuous presumption which he, or he believed; la;„.7,cr, hall ever heard of. The learned gentleman concliirled ig'seriii - tg, r):1 proof -both of title and usage, was onthe'parlthe Crown, and expressed his opinion, ihat•M this uni lateral state of the evidence, the jury could not . do otherwise thanteturn a verdict for the Crown. 741,1 3 29tmniut then proceeded to address the Jnry. The questtoli tP fiilpwq eves, 74 !19q aright to the minerals contained m the estatp question ?" His Learned Friend had attempted to show that the tenants had not the tight, because thq did not hold that kind of interest to Which the law. annexed 04.; n t ;oyment of property under ground... It would be.' his (Mr..4roughaTX3) duty, ,on the . other hand, to eticleavabr to satisfy; the Jury that, from the evidence in the atiSe . , , there Were clear and unequivocal indications of the tenants •i.,o;sessing that kind of interest in the soil,ivliicli his Tearned,Frieint would deny them. -The - :Learned Gentleman' then proceeded to comment On dence at considerable length, but in so close and technical a manner, that it would be useless to at tempt to touch upon more than a few striking points. The circumstance of rents- of assize being' paid by the conventional tenants and entered in the accounts Of the steward of the Duke of Cornwall, he' consi• dered to be material for the plaintiff's case, inasmuch as such a proceeding was wholly inconsistent with a leasehold tenure. Another important fact was, the fix edness,of the rents paid by these tenants. If they had been leasehold tenants, as was alleged, could it be supposed that the - Crown would have allowed them to continue paying for four or five centuries the same rent which they paid in the reign of Edward 111., although the value of land had increased more than fortyfold ? Yet this was the case; for the whole rents of the conventional tenants, at the pre sent day, did not amount to more than 26/., which was the utmost sum they composed in the reign of Edward 111. Therefore, both legally on the account of the nature of the rent of assize, and in point of fact on account of the rent having continued fixed, he was entitled to maintain that the holdings never could have been of a leasehold tenure. He next adverted to the assession courts, which he considered, both in their consti tution and practice, as the means by which the 'Crown, or the individual possessing the duchy for the time being, proposed to contravene or usurp the right of the indiViduals possessing property in the duchy. It was important to consider at what period those . courts were. established. It was at a period when violent attempts mi g h t b e ex p ecte d t o be made- upon the rights and property of individuals, by those who were in possession of power. The establishment of the assession courts was coincident with the events which disfigured and disgraced the last year of the reign of tdward 11., and the first years of the reign of Edward 111. Who was the person who had an interest 'in the duchy revenues at that time ? It was Isabella, who had invaded the country at the head of foreign troops, had pro moted rebellion, • had become connected - with one who had murdered her husband in a manner too shocking to be even alluded to, who had committed all that was infamous, outrageous, and violent, ex cept the last act of indecorum, marrying with her husband's murderer. It was under her authority, and fur her benefit—When all law bad ceased to exist---when the country from east to west, and from north to south, was one universal scene of anarchy and disorder—when Mortimer was ruling the king dom in the infancy of Edward 111., that the first assession court was held for the purpose of extend ing the Queen's rights, and laying the foundation for the claims subsequently advanced. With re spect, however, to the rolls of the assession courts, he thought that, the object for which they were pro duced had not been' attained. It was clear that the tenants did not take their titles in those courts, and that the title by which they held was the copy of a roll of another court—namely, the manor court, presented to them by the steward in the as. sessional court. What right had the lord to say, that the proceedings in the assession courts made their tenure leasehold, when the roll of the manor declared that they held to them and their heirs for ever ? Considerable importance had been attached to the Parliamentary survey; but he would not have the jury altogether to believe that all it contained was gospel. It had been supposed to be very accurate, yet when compared with the facts as they now existed, that accuracy had been found wanting. The Learned Counsel proceeded to con tend, at very considerable length, that if the tenants in the manor of Tewington had a right to a renewal of their holdings fiom seven years to seven years in perpetuity, their holding was in its interest a fee. His Learned Friends had, argued that their holding could not be freehold, because it was held by copy; but Lord Coke had shown that freehold could be so held. - Here the Learned Counsel quoted the diction of Lord Coke, with his reasons for it. His Learned Friend had also said, that it could not be a freehold because it passed by surrender, and not by livery or feofment ; but there was a case reported in Coke— he meant the case of" Hughes and Harris" 7 —which proved the contrary. His Learned Friend also said, that it could not be freehold because it was held t.y . payment of rent ; • but there were many manors in which the freeholders held their tenements by payment of a quit rent. Then his Learned Friend relied much on the tenants of the manor of Tewington paying a heriot to the lord on the death of the tenant; but it was notorious to every lawyer that heriot was not inconsistent with freehold. He . then called the attention of the jury to the, proof given by the defendants of the usage of the tenants under their rights, according to the documentary evidence. Now that evidence was liable to two observations. The first observation was, that a vast part of it came from the Duke's agents, who, if they had not themselves a direct in terest, had a fellow-feeling with the Duke,- who had a direct interest in restricting the r i g ht s o f the ; an tenants • dit was rather a hard thing that h e was , • to be called upon to take the doeuments drawn up by the stewards of the Duke's manors as evidence to support the extension of the lord's rights. The second observation was, that a great deal of his Learned Friend's evidence; went . to proVe that thewhich hedidfCo rnwall not mean h 44 yT me l anto deny--namely, gr y- I na g m o ely, that an d tensive rights, which were by no means i n conflict with the rights of the Duke's tenants.— The Learned Counsel proceeded to shoW,• from a review of ' the evidence which he had produCed on behalf of the plaintiff, that there never had been any uninterrupted possession of the Minerals in the Duke of Cornwall in the assessional manors, and called the particular attention of thejury.to the resistance which Miss Smith had made to such 'a claim,. when at tempted to be enforced on her property.. It ap peared that when a shaft was driven into her tene meat, she let off a quantity of water into the adit and drowned the tools of all the workmen. in conplq sion he insisted that .everrif there had'bepu two . . or . . three acts of . en j o y men t b y _ t h e Dtifce of Cornwall, inepasistpot mit!) the right of the tenants of the seventeen assessionary manors of the duchy, and 'of their 200,000 or 300,000 inhabitants; nay, if there had even been 30 or 40 acts of such a nature, not within the last six or eight years, but within the five centuries which had elapsed sieve the period of legal memory, a jury ought not, without the most clear and satisfactory and decisive evidence, to.give a vex diet for the defendants, which would reduce all pro lerty within thp assessionary matters to be rperp easehold property, held at the wilt of Op Pitke of Co rnwitil, • • • The L 01213 CHIEF JUSTICE then proceeded to sum up the case to the Jury. If it had appeared to him that the question which they were empanelled to de cide involved any point of doubt or difficulty, so 11§ to eefinireiton hick any INngihen ct dßtrii) of the evil deuce, or any tedious explanation of the law, he should have thomght it right to request .them to at tend in Court 'again to-morrow, in order that they might bring to the consideration of it 'recruited ilrength and yisuu . r. But the qu e stio n was now re duced'oa such aemy coin ass that the legal effect of the evidence might be stated to witfuipt entering into it at any great'length. The (petition in this ea - se is, whether the Duke of Cornwall, or the . Feyngr of 6, 1 F,q .1 ! . the manor of .Tewington, is Ei. : taw . to the minerals ; and bO s .ap t i t t . the question ,narrowed itself, for it merely applied to the minerals when brought to the surf.iee, and the Jury had n o question before th em a s to the right to dig on the surface to search for minerals below it. • It . rpigiq tliff! 1 , -• 004 mi,o4 in . 1 0 F44. and y e t 01;4 lie fatittl, not sqms the land to sink a shaft ivithout making terms with his tenant. Indeed, he knew that there were in the north of England feveral mines held under copyhold tenure, in %yllich the lord had a right to the minerals, Put had no right to enter on the land to search fOr them. Thus; as the lord ponid not colt the surface to take . the minerals, Tint the tenant take the minerals after 11044 `cut 019 sulfa e, the thinerals must remain untaken until 'some compromise were 'finale' het - Weep the 190 and the tena n t. Th e Ties tion ip 'the ''pirlfa case, as he had before ,stated 401*. w It; to them, was not whether the Duke of had a right to go on to his tenants' land, and do damage to the surface, in order to' minerals; but whether the property in dim belonged to him or to the tenant. That dered unnece ssar y all the evidence w hich th e tiff had tendered to prove the interrupts had been giver. to vat ions adventurers to . for minerals. By many of the leases been put in by the defendants, it was the lessee should not enter on the land' -rant to search for minerals Without lea tenant. All the evidence, therefore, Olio. heard respecting the resistance offered to sinking shafts was referrable to the tig ht tenant, to prevent individuals from his lands ; and that right would account large sums which had sometimes been ' outface of the land, and would conseq' much of the argument on which the the plaintiff had relied. The Learned proceeded to state the circumstances) this action had arisen, and to take a ri evidence which had been given upon oi the other. With respect to the tenure in of Tewington, he told the jury. that.,ifr was merely a renewal of the holdings of froM seven years to seven years, even_ was Buperadded to it a right of renewal not amount to a freehold tenure; and the give the tenants no right to the minerals. reviewed the evidence last night with impartiality, and had given it again that - strictest examination in his power; and he self hound to tell them that it appeared to bin; tenants of the manor of Tewington were holders, anti that consequently their vet& for the defendants. He believed that brothers concurred with him in that they did not, or if they thought that he any thing which he ought to have stated to the present form of trial would enable "- ships to declare their opinions, and to deficiencies of which he might unintentil been guilty. Mr. Justice BAYLEY and Mr. Justice lA g a d clined addressing the jury, as they fully ag r ,"ce . P' every thing which had falle n f rom t h e L Justice. or pei The Jury, after a moment ' s d e lib erat i on , re a verdict for the defendants. 4 thatao, The LORD CHI EF .l usTicE t h en a b ser y- c r° after the second day of this trial he had be. e n tet vinced in his ow n Mind that such w ou ld be the initiation of it. ROLLS COURT, Nov. 20. - HOLANSBV V. VA It FETT. 10 1 In this case the plaintiff;, Medad Ann his wife (late Ann Harris), and Mailli e o had filed th e i r bill against the defendants, l e pri Parfett, James Williams, Thomas Cotterell, r oll,. Bartholomew, and Th omas F rou d , praying '°..ll°l, issue to try the validity of the pretended aril Thomas e Harris, fem al lateep o laiiffs. l f n L t awtav-house, in the P k o of Farnham, i n t h e county of Surrey, the gr rr father hmo of the Mr. GARRATT and Mr. GIRDLESTONE, 10 4 1 defend an t s , oppose d the prayer, on the grou p 20 years had e l a p se d s i nce t h e d eath of „,°,,, Harris and previous to the plaintiffs filing the' r .0 0 The MAST E R o f t h e ROLLS believed the delci,or in" the case o f" Ch o l mon d e l ey v. Clinton'the prised the profession ; but it being a decision '; 00 / 1 House of Lords, he was controlled by it, linj be was there held th a t no re li e f i n equity can granted after an a d verse possess i on of 20 YeT, ol could not grant th e p rayer o f t h e plaintiffs' b"' he therefore dismissed it. COURT OF COMMON PLEAS, Nov. 2° ' DU VERGIER W. FELLOWES. This action was b roug h t b y t h e p l a i nt iff s'f i r of the defendant, who was one of the shareholdPoool, the late Belmont Distillery, upon a bond of 0 :0 0 The declaration stated, that a person nan3ea A til Jacques Saint Marc having obtained a'patent 1: 3 distillation of va b i t r ei ti tn d hp y ea from rdiyeecnod p nn o sni t st a t t r o nn e gd s, 'oer sons, conjunction nss o , l t . e form ah, with be called the PatentosDfomlisoteiol°loetbro:9llldryjerPre; pany; and that in consideration of the plaintiO v i' extensive acquaintanc e -with merchants and co l° o o' cial men generally; h e should be etnploTedlt: t ioP, cure purchasers fo r 9,000 s h ares, a s a.remuno" ;01 for which he sho u ld b e ' paid 10,0001., paYa bl . Der three equal instalment's, the first to take plaice ld be the first instalme n t of . 51. upon each: s hare 5110u r ee paid by th e p urc h as e rs . A s a security for this a ° meat, the bond in question was giVen. ~,ft After hearing evidence on both sides, the gave judgment for the defendant. business i n L on d on o f the Pai h r v:; nu p. ers U on N s C c o a N t; ;; i l n O g li lnu e , on SMITH is actually five hundred and ferty nine/ 'A COMNIISSIO N OF LUNACY.---Y•44vV r o o Commission, under a writ .De Lunation .inguirO u° ', f lir executed at the Gray's Inn Coffee=house, to, ;Wir e 'tic! ther EMILY BAnasnan, late of IcAa4e-_streoc, now of Clapton, Aliddiesot, was , of unsound roig 4 2 a lefO t capable of managing h e r es t a t e and 'tenon, After . o ' re od had been gone into at some length, the Jury eI . ,P themselves satisfied, and retu r n e d a ver di ct , That r" BARN - Alto was of unsound mind, 444 incapable of "JO ging her estate and affairs, and bad been in that th e Ist of January, 1820," 10 Of THE REV.. PRIER PENN.—The wilc - . w yesterday this person's demeanour was that of a n ia ,."o!'l p t :ro x. P ; s r t a n r s y try if h b o e u s r t i a n r g t e d u f i i n d t e o r ii should be hanged it would be a legal rtwider. of irritation, a t t b i a n t t• e ",:-: , verend Ordinary, ppm receiving ow warrant, prc' c o, to the coadetpned cell tp-acqualnt the t inhappy Mftl% l o eavg had been reported of the result of th e the privy Council. Ile first wept to th r i; whi c 0 00 unfortunate VENN hls pallet. I.lpen seeing •Dr. Corm); he livid,' - fet q Well, Sir, has the Report yet arrived ? I have b 494 10 the last - 48 hours in the greatest agony respectinit me, Sir, what is the result ?" The RevoTelui PP P :, it , ' in reply, said—" I am-extreme;, co - i v, kir. PENN, ;joy form you that th e ci;•dei• for your exe c uti on , o n 31° ,i l ea next, has arrived." 'Upon this he is said t o have td pale and shuddered as if attacked With an - ague, ,ana a lapse of two o r th ree secon d s h e exclaimed, " • 1 10 40 dear Sir, I am l ega lly Murdered." iiK l opis atkd iP received the intelligeficP 4p,pATeilt resignatio.O, the presence nt the i-''iergYPPEM hkordc thentselves to 1 „ aI W ivoti ciemsioes of this description for .th e , g a corder's clerk to bring the warrant to Newgate, and g Peceint for it—which literally means that the clerk 0 1 , tc , panies Mr. CO TTON to t h e cells, and stands by wtnep communicates the awful mandate to the unhapPY. ' after which th e c l er k re t urns to tit?'ftecorder a?,d 0 . 3 ',"‘ re him that he MQ a?fi it elope ; !IPA this P alled a 11°' F f i : pc!! f 9 s the warran; ;—hut tin this occasion such f c ' opi e Iva§ not adopted, whi c h wou ld appear to ar i se from cause with which the public are unacquainted• BIRTH. pP On the 21st inst., the lady of G. H. Ashford, Middlesex ; of a 44ughtgr, 1,..1"r1 the 2§th t he Thomas Nicholl, - at of Trinity. 11411, Cambridge, w e Tri' Nett ; witlqw pf the lieu. H. Kett, form e rly fellow to Pity College, Oxford. On the 26th inst., Thomas Richards, Esq., : surts ol l Hannah, eldest daughter of Mr. Robert Adams, sn.rgvQ,V.O. Upper Grafton-street, Fitzroy-squarg t „„ queer On the 25th inst., at 4 co-fp the m artyr, . squarp, RO. .1. Hannam, C a pt a i n 0: C a ir.% o 36th Regiment, to Mary, eldest d aug ht er o f thellite • Salll i o rt Moody, Esq., of Queen-squar e , .Bloomsbury, and wig 6 of the late R. P. Alackintosh, E sq ., of Guildford -stir Russell-square. DIED. w On the 25th inst., in his 621 year, the Rev. W. dale, A. 111,; rector of Christchurch, Middlesex. • On the' 15th inst., R. R ea d, l a t e of Lainb's - ' - '"; dpit-street, aged 71. • • the 2 5 111 the infant daughter of R. IV. Card" ps q ., Of giinter.street. 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