The Sun. — London, England, 1816-07-08 00:00:00

L,NW INTELLIGENCE. TUE noc rows OV LAW AGAINST THE SEIPEANTS AT LAW. The important question of precedency between 'the Lear ,•.d 'Gentlemen of the long robe, of the :.ank of I . ),crors of Law and Serjeants at Law, arose incitjeutally opon - communcing the re-hear ing of tie lea g litigated case of Henshaw v. At kinson, ichie't., for the third time, is referred to an Adjunct'Commissiou , composed of the i n ti o w.- ' int; Juilge, all of whom meet daily from ten till . three o'clock, in Seleant's Inn Hall, to hear the arguments Of Counsel : Mr. :lus) ice Wood. Mr. Justice Dallas, Mr. Delon Richard's. Mr. Justice Bailey, Mr. ,Yostice Park, Mr. 'Justice Holroyd, Dr. , Robinein, Dr. Arnold Dr. Dodson, Dr. Phil limore, Dr. Parsons, Dr. Gosling, Dr. Danbigny, and Dr. Burnaby. Mr. Serjeant COPLEY Said, he hoped, before be opened the cause, their Lordships would cellos~ him to suggest, that had arisen with respect to preceslenev between Dr. Stoddard and himself They both wished to submit to the determination of their Lordships. it was not finr hint to ar4ue the question, he should merely state the anthori ties on which he founded his claim 10 prECCACIIICY Its a Stiiettat at LaVtr—the first was the table of degrees in Blackstone's Commentaiies—the next sites, Oughtonssllook De Ordo Judie, from which he had extracted the passages that related to the subject. He should offer these to their Lordships perusal, and should with cheerfulness submit to the result of their judgment. . Dr. STutinstrr observed, that he wars the last person who would desire to cutter into conflict with 'the Learned Serjeant, or any Gentleman or lei) rank. He understood it to be the general opinion of the gentlemen of the profession to which he had the honour of belonging, that the Serjeants and Doctors, being ..he persons of su perior rank, were considered in pari•passa-.-aliat the Sojeent had not precedency over the Doctor, or the Doctor over the Serjeant ; that, therefore, they ranked, when they came in Conflict, merely by seniority of standing. This had been commu nicated to him for he confessed it was a point which was stew to him—his studies had not called him that way till this unfortunate collision ; un fortunate for hint, as far as respected his feelings ; for, personally, lie was desirous the Learned Ser jeant should Frecede hint, but he could not sacri fice the right of his profession. He' submitted this statement as communicated to him by higher authority than his own. He had been informed, that iu this court of delegates, the role for which ' he contended had prevailed He, had not h.ren able' the ; find the particular case, but the Dint of the Aches bad mentioned .a case in which Serie.Ant Watson had been engaged, probably that eirctimstane might bring it to some of their Loetlehips' recallection, As the Learned Serjeanchai submitted to their Lordships' con .SW*llololl One or two passages from 'hooks, he should, if their Lordships erpold i Vt.! him leave, fifer them to the glossary of Sir Henry Spelthan, a work with which they must he Well acquainted, under the kilt Serjeants at Late,' vet semiotics ed tegoit, it was thus stated : " Sc js , ant vel ser iens ad !teem antiquis seivienS flat nil or lore-115i (.3311ic0 serpot counter pro compteur is dieitur qui smumum ohtinit gratigHTl In legem Anglicarum professionesieuti in inra clviii not (factures appel lawns% Et firer sevieni bolus mode opibus non banquets mngis pallet quam integrunt fere doeto ' . runt collegium etiasu et tpulta bodie, anticedit testimatione doctormn tamen inititotio nobilior fuisse videti et entiquia honnratior (foetal-it enim • appellatio est magisterii seriattlis, uti supra doxi tuns ministerii doctorei sedentes cathedrati infra cue - isn't' & pileati disputant' sarganti stantes pro miscue extra repagulat curiae grew barros vacant 'ebonite pilei bOtioreSed tenni ealypha (que - cpyta) elicitor 'natal caosas aguta et promOvent;"—Now he understood Onghton to have moderated the doctrine of Bpelman, and to have taken 011ie latter part-of his authority. ,He understood him to say, that the doctors had priority over all the xounsul of the common law, except the sergeants. There was another book to which he would call their Lotditips' attention, it was the commentary of Waterhouse on Fortescue, c. 5, *hid) began, With teference to the 'conclusion of the chapter, end it was thus stated : Now the Chancellor being milling to let no query of the Prince pass unresolved, after he has written of the academies of the law, Inns of court, and chancery, which are the subject of the' 49th elf. proceeds on thus to a replication atal satisfaction to hint, that thongh - the laws of England did differ from the civil laws in the : names and kinds of their degrees, yet in the import and signification of them they are suitable in every notation of - desert and dig licet gradus hujusmodi, saith the Chan tellor, Dear tamen in illis, nedum gratlus said et status evident grade Doctoratus non minus cele br;tl aut soletres qui gratin's serVientii ad !igen) ap pellatur. Coneerniug this bouourible tlegree-- the honour of .serjeancy, as it is a state and give in the law, conferred by the King's writ of h/latent, it is not only,. saith the late Learned and onourable Cbancellor, the Lord Coventrp, a - very ancient state and degree, so ancient, that books ere as silent on it as on the conimencentek of the common law, but also a very honourable one—the high reward of profound learning, spot less integrity, and notable fortune, and whatever tends to a jurist's accomplishment ; for besides thiO, it is coupled in the statute lst'Mary, sera. 2, 8. with the great men of England, and as placed next to knights, the class of statue and . grados its the writ amounts, to some bottom, like that, of knighthood, and conveys an addition of gentility, importing , name. end blood, and this , intakes it nos mirms cgletris solennin then the doctorship of, the law is, for though it has not . been said, tbatlhis ,degree has one hnndred and thirty grand privileges attending it, as Ludoricus' liologninns had computed those of a doctor of thanks be to him., who being himself a , doctor, has generously amassed and propagated the dignity of Isis degree, which none of the learn ed sergeants have ever, that I know, done to, ale' lustre of their dignity, being more intent (n) gain by it than glory frottt it, which truly, 1 beg their lavOurto say, is mine of their greatest praise. and emeritini, , ,est commendation's yet is in exerp,d;l , -Ation of the renown and worship 'het is due to this state and dignity of the learnenlong rt.be. Now, though I could not - serve dietit :here in the proportion 1 would, beeattie6 at'rite of it strenuously, and to tt o noa ',taro of ite:nattire of it, would become a distinct' work of somelarge ness, in a noble completion of it some Mine tlian ordinary industry and exactness, learneth anti with judgment to do though I cannot under take to write to the amplitude it,calls tor, yet so far as my tenuity can contribute thereto, I readi ly shall be a servant to all, and a particular friend to some of them that are dignified with this state and degree. testimony whereof I cannot leave, according to the method of my comment, to write what I find , suitable to the matter of Our Chancellor's text, and apposite to be insisted upon in the illustration of his language and meaning. The form of the solemnity of creation he has described capitalis just iciarius communi bane() de cou - silio et ;ism:also (minium justiciatioram illi ,gere solet quoties sibi Mettle opportunum.'— These calls shOrtly abridged the ancient form, yet in the main practised form of calling serjeauts front their travail, and retirement, and study to their reward and conspicuity, which excellent men and our -chancellor are in all good time ar rived to,. not by ally means less ingenuous ,and worthy than by the merit and reputation of excel lent parts, cotl.4Aiit diligence, staunch integrity, approved fidelity, which because they best ap peared to be judges who best know thent, there fore is the nomination, approbation, and preSeo tation of such fit , persons referred to them, that is to the Chief Justice of the Common Meas."— The book of the learned Ladovicus Boligninus, said the learned Serjeant, he had H ot (well a bl e : to find, but lie had found another author, Mat thew' de Afflicris, Who .had this passage: " Doc tor legum dicitur strennus claim ad versa sternit— illustris—magnificus—nobilis— noblissimos—cla rissimns celsior discretissimns—sapiens—egregilts —bonus ;• altos nominationes studiosus lector po terit invenire—Unusexinsigniltus quad damn doc tor' est cathedra pot dicitur seder sapientia dici tur.—Vicarius mqui paratur comiti—ideo deetOr decitur comes--dicitur domintis lux in mundo stelia perpetua prmaeptor antistes dominos legion orator scriptor amicus priucipis pater."—lla‘ing called these passages to the afteutioli of their Lordships, as far as his own wishes were cou cerned, he Was anxious the LearnedSeijeant should proceed.. Sericant Cumin' upon being called upon' to reply, observed, that imprepared as he was, it was not for hint to argue the question, lest doing it in a deficient .manner, he should compromise the rights of others—he remarked, that the pas sage in Oughton appeAred rather in favour of the Doctors, but as Oughton was himself t a ttiLl it was likely that he might have, been partial. Ur StoDoauT said there was a little book writ ten by au author of the name of Ridley, which he would hand in for the consideration of their Lordships. The Cwte seas cleared, and the Judges deli berated about half an hone : the ter() continuing parties were then called in and heard farther in support of their respective claims, after which it was finally arranged that time point should be re served -that Dr. Stoddat t should open the plead ings, amid that Mr, Serk it Copley should theu be beard on the merits of the case. COURT OF KING'S aliscir, Jute O. SAWDEII.3ON E!'3i3EL. The pilinffir is senior churchwarden of the pa -601 of Hampton, where the defendant is sexton. The action was For the lollowing words :--- 11 ,` .- Titat d----11• Sanderson has robbed the parish, :In' his situation of churchwarden, of 7001. ; and I can prove it." On the examination of witnesses, however, there was reason to 'bfteve that the whole affair was a mere village squabble bcoseen the partie, who were the proptietors of opposi tion stsge-coaches. It also appeared that the fendant 'did not mean to impute theft to the plain tiff, but only that he bad obtained from the parislr a lease of a house at too low a,rent.---The Jury gate one farthing damages. MULWORD V. D'llliU. This was an action in which the plaintiff songht to recover is compensation in damages for the l o is o f a valuable dog which had beenslit . by the defendant. The parties were next door neigh bours, residing at Somers Town. The dog in question, which Was 'of, the Russian breed,, was about fifteen months old, and, accerding to the plaintiff's witnesses, was of the most harmless and docile temper. The deferident bad a family of children, and these were, on various occa sions, in the habit of teazing and irritating the animal ; and on one occasion the defendant him self had kicked hint violently. It further appeared . that the defendant had declared he would shoot the dog, if ever' tie caught hint loose. In conse quence of this threat, the dog" was kept a close prisoner from the 26th of June, 1815, - OR the 6th Of . July, on which day he, by accident, got into a field at the back of the defendant's and plain tiff s gardens. The plaintiff's female servant was sent to get him in again, but fur sortie time Ler en deavours were vain. In the mean time, one of the daughters of the defendant, and a young fe male companion, went into the field and crossed the animal, one of them throwing a brick bat at him. Mrs.D'itlin, and an infant about four years old, also came into the field, but the dog did, not injure any of them. At length the defendentCame out with a pistol the dog went to him, and jumped up - upOn'llim, but did him no injury, and had, in fact, turned round, and was getting over the wall into his muster's garden ; Mrs.. %idiom!, the plaintiff's wife, having bold of hint, and being in the act of pulling the animal, over, when the defendant OM at WM, and woOnded him so severely that he died in a few miiites.---The master had heels, offered tifteeit guineas for the animal, and bud refused it. It was alio stated that the plaintiff had 'offered to keep the animal muzzled, if the defendant would pi owe that lie . had :attacked Any p 1 his children or tamily. On the part of the defendant, witnesses: were called to prove that the daughter of the defendant, and a feat le comp nloll, were walking in the field, together, at the time the dog got into the field, and that he im mediately rap at thein Their sereenis brought the defetidanfouteithen tbe animal attacked Lim, Itittt tiguitt. Ay hen the defeivittlit shot hint.--T11,: Jury Emma t verdict for the phiitaiff—Damages 15/. I.s3.—Costs . . , c.OthiT OF EkcflEduiiit—,,:i•uutiAvi. 1 , -ottErGx,LACE. Tllll AT iaRN'EY-GENEtiAL 4/. JOHIt AND tiVILLIABI HAY WARD. was an information_fila by the Attorney- General, which sought the condemnation of a considerible quantity of thread and silk lace, of great value,, found in the possession of the de fendants, %Welt thy daiiiweit as not subject to forfeiture, but which was claimed by the Crown as having b e e n implied without payment of duty, and not having upon them arose maths which are affixed at the CustomAimienptin all lice which passes through that establishineht.—A comniuni cation took place between the Counsel for the Crown and the defendant,' and it was agreed that a' verdict shOnld be tal.ten for the Crown ; but the amount was not specified. This was the only -cause tried. WESTMINSTER SESSIONS. On Saturday J. Smith was charged with being ti notorious thief and pickpocket. E. Pepper, con stable, sworn. lie saw the prisoner in Cranbourn alley on the nth of_ June, about 10 o'clock at. night ; he lifted the coat-skirts of several Gen dente!), felt if they contained any thing, and then laid theta down. lie saw bins folloY another person, and draw his handkerchief partly out of, his. pocket ; the person happened tti !Hove at die time,.and the prisoner did not succeed in taking it. He. was sentenced to three months' imprt sonment.—Juhn Thompson was charged with being a entbnion thief. Humphreys, a liow-street Offi cer, said that be Silq , - the prisoner, on the 2d of June, at the door of the Opera Hun.ie,• in the conspanv of reputed thieves. The Court sets tenced him to six months' imprisonment, add to be well whipped in the POLICE INTELLIGENCE. 110W,STREET. A case of sons' interest to the Public vvai de cided at this (Jake on SAturditv, on in informa tion brought tinder the Building Act, • liyr 11r. Hunt, ,the surveyorlor the district of St. Mary le-Strand.-41 Mr, Croft, bad projepted his Anp front considerably beyond the space all:mcd by the Act, which being proved, it was 'ordered co be removed. • CeILIMIALL. IIAcKNEv-CoActi DectstoN.---The driver of the hackney-coach, N 0.967, Was summoned to answer the complaint of Alr„Sewell, one n( the ()dicers of Christ Church parish, Newate-street, for taking more than his fare. It appeared that afew dAys'since the Parish-officers, as is customary, went to visit some of their poor, and they had ()erosion on their return' to take a coach. fro,u Mile-end to Newgate-street. Four of the officers rode inside, while an inferior One (we believe the beadle) rode on the outside with the 'coachman. The fare demanded and - paid to the latter was 45., bitt this w a s resisted by the complainants, who contended that the fare was only 31., and that the person who rode on the outside was the servant o f the !wish, and, as a fifth person, came within the meaning of the Act, which provides that it is compellable ,for any hackney-coach to carry four persons, also the servant of such party, with Out further charge. Sir JOHN Pe ItIttNIG, tl Sitting Magistrate, har ing looked into the. Act of Parliament, was of opinion that the officer who rode outside th e couch, on the present occasion, was not a servant; in , the view' he took of the question, and that he, as an Alderman of the City, might as well employ one', of his Marshals in the same way, and deno minate hint as servant. To this decision Mr. Se well bowed, but declared his intention of appeal ing 10 the commissioners ; and having legal ad vice on the suhject. MANSION-HOUSE. Saturday John Lyons was finally examined, charged with robbing Gentleman. named Moses, o f hi s wa t c h, seals, &c. On Monday evening last. The offence was committed in Bishopsgate, and ; the prisoner, who was seen' drawing the watch from the pocket of the prosecutor, being puKsued, contrived to knock down five of the officers who attempted to 'seize him. Sapwell, however, an athletic constable, passing at the moment, extend ed his arms and secured . him in an almost exhaust ed condition.., A Lady, accidently passing, saw' the prisoner throw away the watch. Joseph Polland was also committed, charged with violently assaulting Miss Anne Sanderson, and robbing her of her shawl, about a fortnight since, in New-strcet, Bishopsgate, The prose entrix was mosuinhumanly treated on the occa sion-in question, being beat and bruised in all Parts of her body, and SO injured, that she had been in an hospital for nearly fortnight, and is yet in a dangerous state. FATAL EITECTS OF INTOXICATION.-Yestehlay morning, John MOSS, grenadier in the 2d bat talion of Coldstream Guards,and who was at the battle Of Waterloo, was removed frotn the door of the Rev. Dr. Mc. Cloud, in Dean-sttvet, in a dreadful state of intoxication, to St;Anne's watch house, and remained in a state of fur a considerable tune, when, about five o'clock,he rose from his stupor, and snit! he Should g=t finely reprimanded when he returned to 'the regiment ; after which he retired to the privy in the lock-up snouts in the wateb-hanse, and'about 20 . minutei after was seen by a woman who was locked up in the same room (through a wicket in the privy door) to be sttspentied . by his belt, which he had cot anti spliced together to answer the purpose of a Card.: Ott its being discovered, every assistance was, afforded him ; itlr. Bryan the Surgeon, of Compton-street, was imMedi a t e ly sent f or , w h o exerted every effort to restore anitnation; but with out cifect the spark being extinct; he was a tine strong titan, about 2g *years of age, and lead several scars about hittr. ,i • . ,•.•. CalusisAY, Yoila 14.--'Tie Prussians ivb6 , here yesterday celebrated ilot itnniversary of tl brittle of Lit Belle Alliance. Two 'CoMimics we formed for tht pittpoie, .oxlecoon'Poied of Genera and illEbers,,*at *bith Prince Michel . presida the other of tersoni in civil employments, ac others not hltlitaYy, to which Ladies were it vita Prince Blacker went first to . the latter i one of the carriages taCen tram Buotiapirtc sat the bottle, and having conversed some time wit the Lathes, went, to his owl coMpany. the eves ing the. Prilisian General gage a ball, fi which 400 tickets Were distribut ed. Plitt( Blucher, who came at seven o'clock, was receivc by the Ladies, whO placed a crown of laurel ell hl head. After- hiving worn it for a feW.Minutc bi hid it put aside, tla be preserved. His tress spoke in the most obliging m anner to a Liadies, and danced a Polonaise with the Prints , 'Jour and 'Taxis, and afterwards with several min ladies. There was a very brilliant Illinnination. VIENNA , jugn 22.1 t is non , confirmed ,(hi the Russian army which had collected in tit neighbourhood of NlOhilow have retired into tit interior of the country ; but there is now talk anew assembly of troops in the neigh bourhood() twenty miles from St. Petersburg!' this Camp ig to be formed ot 130.000 men of all arf o and the Russian Goverunienr has tiles" Of a niillioti of roubles to indemnity (tie inolici e tors of 'tile harVest which to.iy be chini.lo 3l . ..j..3kisiaLl, JULY 4.--:-FeW pet sons know that is at the city of Catena, hi Sicily , t hat the ( " 1 rerunieut of the Ortte ' r of Malta is' rst ablistio Which has done brilliant services toClivistidnity :it the Oledeilt irnent, when the mics litho are heard truth tve're,side agains t the B trite §:ates on the :African coast, Our rittifers I ruse wl' of the, Gall ith interest the l ollowing Extrac t of a I,6tc. ta from Catena, written b' One ot the Order of Malta, uhicb ha r s b n d e e" ow muimleated to us : * Pethapi the time is not fur d:stant firdoir, re s tored to new life, will be able 10.1 0 by the prietrction of , the Sovereigns, awl ,tei }4 ll , tl `, its unsold domain:l. kneg„tienition with the 1. peror via cdrried 0411 I ellaatill Miari, our Plenipotentiary, leads lip an eatabliShirieot in' the Adriatic. %Ve Ala labouring.at Madrid to intere s t his Cattl,l)—ct tc jesil, and we are employing all our 01. "" 1 - 0 , rewire nun Order 16 activity, end 4%e have a wlien well-founded hope of his 'Majesty seeming its litical existence." A rewartrof 300 t. is o ft er ed in SaturtlAY'' 6j , r.ette for the discovery of the person or l'E t ' l 4l4 who Set tire to Mr. DosKties house. I° A ''' e r , gate-street, with a free pardon to any areal' making such discovery. 22d tilt. tie 'effects of a t huntle:'''.: o : wereexpericnced'in the higher diviss - ;,,,, Sharpies, on the new road to Preston, ""b c " Cn9or.a, innkeeper, of the. Dog and i‘101".1 ",",, puhlic-house, and a young man , 114 , :d I St., %Gilt .!truck dead wi.iie In the act of getldil • some tot f. 'iha nine convict% at Elv whosel i r tences were 1'1110 ;4 11N:it to trao;svortat 1011, ice Tuesday last conveyed to tifey.are to be sent oti to Botany Bay by t 4" /3 / 4 r. vessel that sails. A horrid instance of jealousy occurred 0° " turday week at Hems-heatlf,'Staffottishire. t 11 1 14 , named Rewbotiont, lodgittg in the house Bedson, came home rather late, a nd ft's , ted by Bedson's wife : he sat down, and man, who bad purchased a ballad, ittlr':"l.!t; began to sing It with Rewbottom, when 1 / 1 . 1l ; etime down stairs, and stabbed hint in .ovo, in - the bOly with a shoemaker's knife. Ti'' fellow 'now lies in great :wow:, anti no ' entertamed of his' recovery. „ • TROTTING MATCII.—Mr. Harman DY"'' 4 ,, Park-lane, has matched a‘gtev 'be P rt - - 11 ty of Al r. Desbrow, of St. Jan,es• , -stree t, 14, 15, 16.; and 17 miles, carrv:ng 10 stinl e ) one hour, for 100 guineas each event. favourite. o wl BoxiN h G.—The match so long talked 0 ' c t Oliver and Carter, it appeiirs, is at le u g" l ist for 200 guineas, and a handsome subser'Pli, purse to be given by the Pugilistic Cl° 4 ' /;610 0 battle will rake place three hundred mile': o he from the metropolis, on the Sib of nest WI and Carlisle, at present, is the town nal o c (l i es .to odds are decidedly upon Oliver, wh° ,1) " 1( game qualities, is g good two.baddvd,liitteri;oo:, it is said he is also tinder the immediate age of Captain Barclay. Great' bets are 4 1,11 , 'depending upon the issue ; anti the L' ln Tlati hero w ro iiisi ttake notWipt place et before l o to re st t o li f e t e n , p a p i 0 , 7 r t 4 1 ; e i i e )) r e . s' t .: , month', between F4rd and tlurr'y LaitCas twenty guinePs s-Side Ford • is well Ilit;orifier the ring as a bottom man with Oliver. c„or &c. but he is not the tavourite.—George, „tot.' has challenged Elarmer, or any other twe ' " man, for otie•litindred pounds. trO hill On Saturday, the 29th ult. at Lowesl4-1 1211 / the Lady of Sir Frederic I•'owlie, Bart. of sun 104.00 n, J.- 1 Sante day, at Cardingtun near Bedfurd, Ow' Wuidegras r of a son. M Sutton- , place, Hotnertnn, 111 i. John Voert of 't NARRfkll• O. On the lit iat Fawk Hautv, Captain Def!",,,,iter the 44th Regnu t ut Fvut:to Tics PAtterson, the late Alritander Potteruno, Esq. ' sb u ters On Thursday, at IMien careen Joh n Fce. Southwark, to Miss Chithenant of the lamer 1 ) , 3 gi, On Saturday, at I.lackuer Ch urch, John Loy n ';,,,' r inp Antwerp, to Sarah, secoliti Alzughtvr of M r ' - Hackney. . _ ..„ DIED. t 0 -• 1 • Ott Mtn :day, July 4, at her brothe r's house sII G res hime-stteet, Nliss Areedeekne.. h of :ii a Onboard his Mislesty's ship Her:Ws Naval ,, on the . Ot.• tvo Mr. ma i t last, Wiltisna en. Midshipn. olle 4 IS ' " t of the late Thomas Eden, Esq. of Wimbledon. LAINDON. •. Printed by J. IL CAlt`rrAri tS • lit' tar buildings: and by W. A. SCItiPPS, ertt" at *be Slll.4)rrscr. No. tit. Strmsd ; ad z% f t ss44 attlath Ord,ers&Letten flostiolid),&c. Lilt