The Sun. — London, England, 1831-01-12 00:00:00

tat on the demise of Mr. Sheridan, the license, as well I as the theatrical property in the Lyceum, were let to and so considered by him, and that the mere bricks and mortar used in the Theatre were only considered as in ordinary cases every titan of common sense would consider them. The Drury-lane Company acted during the period of three years at the Lyceum ; they then withdrew to open their own splendid house, but yet there was no protest ever made against the license of the Lyceum ; its validity was never questioned, nor the privileges which it conveyed ever called in question. Quite the contrary. Mr. Ar nold took out the license regularly de anno in annum, without any hesitation or difficulty in the grant. Here it might be said that Mr. Arnold did not give operas or other musical entertainments at the Lyceum the whole of the year round ; but it was not for him (the So licitor-General), unless he thought proper, to state any reason for his not so giving them for the year round. It was enough for him to show that by the terms of his license Mr. Arnold was at perfect liberty to do so--that Hi:ewes extending, as it did, from year to year. Mr. Arnold, if he thought proper, could waive the exercise of his right for a given period, without enabling any man to dispute the possession of such a right. However, a reason could he assigned for Mr. Arnold's not giving entertainments for the year round at the Lyceum. Mr. Arnold had embarked himself for three years with the Drury-lar_•. Company, and it would not be unnat❑ral to suppose that in acting as he had, and abstaining from giving winter performances, he had some sufficient and valuable under standing with the Patentees of Drury-lane. In fact,' such was the nature of the connection between theta, that Mr. Arnold was requested to become the Manager of Drury-lane for three years, from the year 1812, during which time he felt he vias judging best for his own interest not to open the Lyceum during the winter months. But the not acting there during the winter months was by no means an abandonment of his right to do so, under the terms of his license, if he considered it would have been advantageous to him. In the year 11515, he was bou❑d to admit, the license was confined to certain months in favour of the Patent Theatres. The LORD CHANCELLOR—Had Mr. Sheridan any thing to do with Covent-garden Theatre ? The SOLICITOR-GENERAL—No, my Lord, only with Drury-lane Theatre. Tile LORD CHANCELLOR—Because here you know we have to deal with parties interested in both the Winter Theatres. The SOLICITOR-GENERAL apprehended that a consider able question in this case was whether the great Winter Theatres step in and prevent the grace and favour of the Crown being continued to the Lyceum in the same man ner as it prevailed from the year 1809 to the year 1815 ? Mr. Arnold was not now asking for any patent, or any charter of incorporation, to shield him from the responsi bility which his situation necessarily obliged him to incur : he merely asked for the continuance of the grace and fa vour of the Crown—that the Winter Theatres should not unduly interfere with his rights and interests under the license of the Crown ; at the same time that he was per fectly willing and disposed to allow to every other person in the community the full exercise of all those rights and privileges to which he might be entitled. When that case came before the Privy Council, the whole gist of it turned upon the point be had noticed. Drury-lane and Covent garden Theatres, and a great many persons, made common cause together with Mr. Arnold, and endeavoured to in duce the Crown not to favour the new proprietor. Such was the case, and how was it that Covent•garden and Drury-lane, at such a particular crisis, took no ot•jec tion to Mr. Arnold's license ? Could it be sup posed that Covent-garden and Drury-lane had in sidiously laid by merely to induce Mr. Arnold to act with them as in a common cause, and done so with the fraudulent intention of coining forward at some future period to dispute the title of the man with whom they had acted under the very license subse. quently to he disputed ! He admitted that at a later period the license of Mr. Arnold had been circumscribed, for his opponents had found other or more influential friends at court. Mr. Arnold had received a license for six years consecutively, and he never could allow that be cause that license had since been circumscribed, and that, too, without the knowledge or interference of any Court of Law or Equity—that therefore the original license was abrogated in spirit and practicalsility. This he could not allow, and still less could lie allow that the Patent Theatres had the least right to interfere and step between his client and the grace and favour of the Crown, to be exercised for the pleasure and rational amusement of the people. , The Patentees stepped in and claimed an absolute right even over the prerogative of the Crown, and set forth their own patent as entirely inviolable. 'Why, from what source did the patent flow ? From Charles the Second. And was the prerogative of the Crown so well defined in the days when this patent was granted, and so powerful, too, as to exhaust the prerogative itself, and take from all future Kings and front all the laws and institutions, the least power to act upon the question? Such a position was too monstrous to be seriously maintained, and there fore he would not longer trouble their Lordships upon it. But the Court would probably hear something of thealis tensing power. The Learned Solicitor-General was pro ceeding to make some remarks respecting the patents of Covent-garden and Drury-lane Theatres, when The LORD CHANCELLOR asked if the Solicitor-General was aware of the precise terms of the patents—if he had seen them ? The SOLICITOR-GENERAL said he had not; they were sealed to hint ; but he presumed his Learned Friends would allow their Lordships to inspect them. Mr. HARRISON had no objection to handing the patents to his Learned Friend as well as to their Lordships. The SOLICITOR-GENERAL proceeded to read those in struments, from which it would appear that from 1662, the exclusive right of performing an unlimited range of dramatic pices throughout the year in London was ac ceded to Killigrew and Davenant—one to be at the head of the " King's House," and the other of that of the " Duke's." He contended that those very words proved the revocability of the patent, for the Duke's house refer red to the then Duke of Yolk, and, as was well known, that title was extinct more than once, for the Duke, who first gave creation to it, was afterwards King, by the title of James the Second. Was he not also justified in argu ing, that the power of granting patents could be more le gally exercised to the public detriment? In a word, he was unable to conceive how any lawyer could maintain that one King possessed the power of imparting to a sub ject the prerogative of all future Kings. At the distance of two hundred years—at a time when the morals and the manners of the age were so widely different—at a pe riod when luxury had created, he might say, so many lux uries, were there patents brought forward to monopolize everything in the way of stage-playing. They were not now dealing with the patents as they were in King Charles's time—they were not now, he might say, to act upon the ame principles upon which the patents were granted at so old a date. The manners of the age, as lie said before, prechided them from so doing. In King Charles's time people had not arrived to such a refined and polished taste as they had at the present day ; and supposing that King Charles had thought proper to extend his fa vour and patronage to other theatres beside Drury-lane and Covent-garden, no one would have availed himself of his patent, for a very good reason—namely, that he could not have benefitted from them ; in short, the houses would have been empty. What, however, did the whole, then, in substance, amount to ? What did the law say upon the case, besides taking into consideration the taste and public feeling that prevailed at the time when the pa tents were granted ? He could say that there was a great feeling against stage acting at that time; and he might, perhaps, ascribe that to a wish riot to have the town inun dated with Theatres—the very existence of which was im. proper, and calculated to injure the morals of good citizens —at th it time riot very proof against worldly temptation ; and he (elr. Horne) would not deny that such a feeling might be right. He, however, would come to the question, what was the true interpretation to be, put upon these patents? He looked upon them as grants to certain persons, enabling them to build houses for the purpose of representing plays and dramas. In many books which treated of theatrical matters, amongst which was the fa mous " Cibber's Life," —a publication that treated of many important matters at the time in which the author lived—he found that actors were considered as the servants of the King; that they were paid a salary, and even clothed, when acting in that capacity, and that no others but these servonte could play. The LORD CHANCELLOR—Mr. Solicitor, the point strikes me at present, and therefore I wish to be informed, whether in the patents there are any defined limits for the two Theatres to act in? Do they state any in particular, or do they exclude all Theatres front every part of the realm? Mr. HORNE—No, my Lord, the limits are laid down to be in London and Westminster. The LORD CHANCELLOR—Do they enter into the way in which any other Theatres are to he enabled to exist? Do they state anything about licenses? Hannisorr—That, my Lord, is stated in the 10th of George 11. Mr. Ilcstese (smiling)—No, no, that won't do; that is bringing your case down a little too far. The LORD CHANCELLOR—If there were no licenses, there could have been no vagrancy or any thing of that kind. Mr. RaftefsoN—Oh my Lord, the licenses, previous to the granting of the patents, were obtained from the Lord Chambettail, and restricted to the verge of the Palace.. Mr. ADAM—AII these kind of things were taken prope l - care of by the Star Chamber. Mr. HORNE—d hope that nay tearnel Friend, as to whose case lam perfectly let the dark, does not mean to bring us back to those 'good old times of justice, which we have all heard e.tul read of, and I dare say judged of in the right way.—(A laugh.) The Loin CHANCELLOR—I am now informed whit the limits are. Proceed, Mr. Horne, The Learned Counsel then said, that such being the form of the two patents, he could not think why some other course than the present had not ben pursued by the proprietors of the two patents. His client did not invite them here. He had filed ho bill in Chancery. He had not called upon thtm to account for anything in their possession. No—he came forward simply to implore the grace anti favour of the Crown, which had never been im plored in vain, when the cause was just-, and which he sincerely hoped would be granted in the present ease. What (lid the proprietors of the two patents do? Why, they came forwat4, and interposed what they celled their claims, to Frevent his client receiving the favour of the Crown. They said, we are in posstssion of two patents, which,although granted in times far different to the present —as different in ts.ste, feeling, ability, and opinion— we will new bring forward to prevent any one having the aamt advantage as ourselves. They exclaimed that they did not come there before his Majesty to discuss what was reasonable, fair, or even necessary. No, no ! A Monarch has granted ns two inviolable patents. We tell you that their origin is perfectly good. They are now in existence. We are the representatives of them, and as such we have a right to prevent the Crown from granting you, for your own benefit, and for the amusement of tl:e public, licenses for representing plays in London anti Westminster. Here we are in 1831, exposing these doctrines, and upholding what was done in 1632. Such is what he (Mr. Horne) conceived to be the case set up against his client, To the best of his knowledge, he thought that nothing as yet had been stated but what could be supported by his Learned Friend. He should like to know—indeed a better state ment should have— The Loan CHANCELLOR—We are not here for fishing about what the case of the other side is. I should think, Mr. Solicitor, that we should take it as we find it, and that you should treat it as it is. —(A burst of laughter followed his Lordship's remark.) Mr. HORNE (with some warmth)—l am not in the Pit or the Gallery, and I beg it to be understood that I am not an actor, nor am I to be treated as such. The LORD CHANCELLOR—This, it ought to be known, is not an open Court ; but it has beets thrown open out of mere indulgence. Decorum should be observed in a better manner. Mr. HoaNa—With respect to your remark, my Lord, about my fishing about, I beg to say that I am quite in the dark as to my Learned Friend's view of the case ; and as it is left to me, so must I take it. The Learned Counsel said he should now take another line of argu ment, which was, that about a century ago these patents were incorporated, and possessed by one person. It was as much as admitted, although no deed had passed be tween the parties engaged on the occasion. Indeed, it had been stated in some of the papers that such was the fact—that the patents for both Theatres were held by one person. How this could be done and held law, without permission had been received from the Crown, he was at a loss to know. Indeed he could not conceive how two patents, granted distinctly, and for distinct purposes, could be incorporated, and then boldly set up. If they had been incorporated in this way, he said then that the patents were gone ; and he challenged his Learned Friend to argue the contrary.—(Some surprise was evinced at this, and the Counsel for the other side immediately conferred for a short time. )--He put it forward as a proposition of law that could not be controverted. The way in which he understood it from the pipers which he had read was, that King William bad limited the patents given by Charles H. to Betterton and others, in order that the in tention of his (Betterton's) predecessors to keep open the two Theatres by the authority of the two patents that he incorporated by holding both, might not be defeated. The LORD CHANCELLOR—This is a very material point in your argument, and one for which I was not quite pre pared. I have not read over all the papers, as they were sent to me at a very late period. Mr. HORNE—We, my Lord, although not exactly placed in the same predicament as your Lordship, have not had all that time which is so necessary for the full consi deration of so important a subject. The LORE. CHANCELLOR—Pray, do you mean to say that there was any privity between Betterton and others in obtaining this limit of the patents to him from King William ? Mr. HORNE—Yes, my Lord, and I have no doubt, upon going further into the case, that we shall find trans actions between Betterton and others that will make this opposition to our supplication for the favour of the Crow❑ perfectly inconsistent. You observe, my Lord, those extremely strange and significant words, that the ob ject of Betterton's successors in keeping open the two theatres might not be defeated. Would any one say that the patents given by Charles the Se cond were such as no one could meddle with them ? Why were they meddled with by King William. It was, therefore, a mockery, and nothing else, to say that the patents were inviolable, both by the Crown and subjects. Then it appeared that the two patents were granted distinctly ; but they were afterwards incorporated; and that he contended, was a forfeiture of them altogether. After being incorporated for a century, it was said that they were both revived. If he could get to the length that these patents were used for any other purpose than that fur which they were originally granted, then he should expect that the patents would be considered as for feited. He was now dealiug vita the question, as to whether these patents were good or not. He was not ar guing about the right of the Crown to violate these pa tents, but about the right of those who contended that these patents from Charles the Second could not be vio lated ; and that in consequence of their existence, Mr. Ar nold had no right to receive any benefit from his present application. They were told that the patents were re vived after the time during which they were limited to Betterton had expired, and that they afterwards became, as they were before, two patents in the hands of two per sons, for two distinet purposes. If the patents were re vived, which of them, he would like to know was revived. One of them must have been in existence during Better ton's time, and which was that ? The Loan CHANCELLOR-Then you admit by that, that one of the patents was not forfeited. Mr. HORNE—No, my Lord, Ido not. I am, your Lordship perceives, taking two views of the case, to show the futility of any argument about the inviolability of these patents. I say that their incorporation forfeits them, in asmuch as any violation of a thing given for a distinct purpose, is a forfeiture according to all ackn..,wledged rules of law ; and if a forfeiture has not taken place, I ask which of the patents was in existence when Betterton held both Theatres, or whether a new one was given altogether ? The Loan CHANCELLOR-This, then, is a new view —a material break in your argument. Would it not be better—and I am speaking for the sake of the Learned Judges with me—to adjourn, as you cannot possibly be finished for a long time ? Mr. HORNS--;My Lord, I am in the middle of my argument; but, perhaps, as the points which I have to raise are most important to my client, it would be better if your Lordship's suggestions be complied with. The Loan CLIANCELLOR-Very well. The Chief Justice cannot attend to-morrow, so we will adjourn till Thursday. This being assented to by the Learned Gentlemen en gaged, the Court adjourned. The following officers compose the Military Staff of his Excellency the Marquis of ANGLESEA, Lord Lieutenant of Ireland :_—Aides-de-Camp in Ordinary, Lieut.-Colonel Sir WILLIAM P. DE BATHE, Bart., Unattached ; Captain F. PAGET, Coldstream Guards ; Lieut. C. J. HENRY, 56th Regiment; Lieut. STEWART H. PAGET, 7th Hussars; Lieut. Hon. H. COLE, 6th Dragoons ; Second-Lieut. R. G. WILLIAMS, 21st Fusileers. Extras : Major Baowiitow, h.p. Unattached ; Capt. WILLOUGHBY COTTON, Coldstream Guards; Cornet Hon. WILLIAM F. COPPER, Royal Horse Guards; Lieut. Viscount BANE- Iet Liie Guards; Lieut. F. NESBITT, h.p. 18th Hussars; Lieut. Hon. W. S. CLEMENTS, 42(1 Regiment. DOLBY'S COOKERY.-The name of Mr. DOLBY is now, like his own good things, in every body's mouth, and his " Dictionary," which savours of all that is excellent in taste, substan ce , an d arrangement, has now become the established favou r i te , not only in all the kitchens of the nobility and the fashionable hotels, but from its clearness of arrangement, an d f ac i lity of refe• truce, it is new in such high favour as to he more resorted to than any other Cookery-book extant. It i s i n d ee d an ad mirably digested Manual, teaching both the decorativ e and the solid—hoth how to dress well, and how to live well. It is the pan-opticon, the pan-orama of culinary science, and its author has been aptly called the grand explorator, or Captain Cook, who has made the most valuable dis coveries in the table-land of gastronomy. LANDHOLDERS-NWPOSED RELIEF. TO THE EDITOR OF THE SUN. SlR,—Considerable experience in agricultural affairs teaches me with confidence to state that the landowners of Bogland have now a noble opportunity in deserving their country's gratitude. The sacrifice,—but rather, I should say, the invest ment I am about to recommend, if promptly and simulta neously given throughout the kingdom,—would produce such results—would call into action those poor deluded and degraded labourers, and would do more in restoring those disturbed districts to peace than any Acts of the Legislature. We freqwtntly hear of 10, 15, and 20 per cent. being returned to the tenantry—no doubt not before needimg it—hut what I now recommend is a great and patriotic effort; I call upon all the landed proprietors of England instantly to appropriate 10 per cent. of their rental for the employment of labourers in agriculture,— not in slteh improvements as it is the farmer's duty to exe cute, but in extra and paramount operations. Draining, wherever wanted, opens a large and beneficial field for this object ; where this is not required, the levelling down old and often crooked hedges—the planting new ones— the making and repairing roads through the farms, the strengthening water.coursea, &c. &c., offer ample scope for the employment of capital, which will improve the value of their estates, and often benefit the tenant, parti cularly in well executed draining, more than the amonnt in sovereigns ; and the poor starving labourer, for him what will it not do? At this dead season, by taking such a redundant number of unemployed men out of the market, the rest will get work at a remunerating price. This first step having been taken by the landlords, time will be afforded Government to follow it up by other salu tary measures, which I am convinced they are deeply in terested in effecting—hut, unfortunately, we expect too much from Acts of Parliament, and do too little in aiding their operation. In this northern part of the kingdom our labourers are more happy, mere intelligent, and superior members of society, than those I have seen in the south. The limits of my paper, and the fear that this is already too long, prevent my entering further on this subject. I should liked to have added a simple narrative of my own farm servants : it is some proof; when I state the average poor rate in Northumberland is only Is. in the pound, that the system is a much better one than that practised by our brethren in the south. I am ■ constant reader of your invaluable Paper, and I make no apology in asking you to insert this, because I am sure if you see any chance of its doing good, you will give it a place. I ought to have added, in its proper place, that the tenant will receive other benefits besides those I have named, the poor-rates will be reduced; and a happier and better fed peasantry will surround him, and execute a better day's work ; very much may be done by the farmer in making his people happy, but this would require a chapter to itself. Banks of the Tyne, Jan. 10. AGRICOLA. REPEAL OF THE UNION. TO THE EDITOR OF THE SU:I7. hope that I am not miscalculating your character when I anticipate the opportunity your candour would give to me, and to every Irishman, to vindicate him self against a charge which he confidently feels cannot be in justice or truth brought against them. lam one of the millions of Irishmen who consider the repeal of the Union between England and Ireland the only measure which can give to Ireland even the hope of emerging from that miserably degraded state to which she is at present re duced. Her farmers struggling with exorbitant rents— enormous church exactions—oppressive Grand Jury im posts—a star ving population, and the burthen of their own priesthood—the manufacturers converted into common farming labourers—the various artizans and trades perishing in the streets and highways—for such heart-breaking calamities I know of no remedy so effectual as the restoration of the nobility and gentry—the restoration of the best capital any country can enjoy, namely, that which is circulated by the proprietors of the soil. If I be told that, according to the nature and terms of our present connection with England, Ireland enjoys the market of the farmer for her beef, her pork, her butter, and her grain—l answer in the language of the Sicilian to ancient Rome :—true, you take all we are able to produce, but our rich and our great men go to Rome and spend the amount of that produce in the capital of the empire ;—we also send to England the produce of our industry, but the absentee proprietor lavishes in London or in Paris the amount of that produce remitted to him by his tenantry, who hold their lands at rents which leave little more than is necessary to work out a miserable existence. This, I insist on it, is the general rule, to which I aderit there are some honourable exceptions. But, Sir, I appeal again to your candour, if your beautiful country was deprived by law of the parental presence of her Nobility and Gentry, and left to the harpy protection of land-agents and tithe-proctors, would not the same conse quences flow from the same causes, and destitution and despair, distress and rebellion, be the perpetual feeling which would distinguish a great and indignant nation ? Why is the the law impartially administered in England, because men of property and education are always present to whom the injured poor man can make his appeal. In England no venal magistrate is found plotting and confe derating with common informers to trade on the blood of the poor people around him—why, because to betray the Irish peasant has been the direct high road to magis terial elevation in Ireland, and to protect the English pea sant is the best recommendation of the English magistrate in England—it is quite true the magistrate's traffic in Ireland has been much discouraged, but still much more remains to be done, and never can that much be done effec tually by the best intentioned Chancellor until the Irish Nobility and Gentry, or, in other words, the proprietors of the soil, shall be forced by the law and Constitution to reside in their native land. This can only be done by giving to Ireland a resident Legislature. We would then have the Protestant King of England the King of Ireland, a Protestant House of Lords, and, considering the Protestant territorial property in Ireland, with few exceptions, we must have the great majority of Irish representatives Protestant. You, Sir, are therefore much in error when you say that, should " the Union, which Heaven forbid, be repealed, Ireland will be thrown at once into the hands of the Catholics—there will be a Catholic Administration, a Catholic Priest- ' hoed, a Catholic Magistracy, a Catholic Corporation, in every city and town throughout the island ; in a word the condition of the two great parties in Ireland will be reversed, the Catholic will become what the Protestant once was, anti the latter, despite the protestations of the O'Counelites, will be the mere despised slave of the as cendant faction." When, Sir, you reflect, you will find that these results are impossible. The Irish Administra tion must be appointed by the Protestant King of England. The Irish House of Lords must be Protestant, and for cen turies the great majority of the Irish House of Commons must also be P rotestant. You are, Sir, well aware that the Catholic has been deprived, by the law of disfranchise ment, of the great power which the Catholic population formerly wielded in the persons of the forty-shilling free- - holders ; and that that the elective suffrage is now re duced into a very narrow circle indeed in each county of Ireland ; but even if the forty-shilling freeholder still pos sessed his vote, I contend that the ascendancy of Protestant property in every county in Ireland would necessarily command a Protestant House of Commons. Would the Irish Magistracy be all Catholic ?-1f so, the Protes tant King of England would appoint them. Would Corporations be all Catholic?—lf so, Protestant Cor porators would qualify them. In vain, therefore, arc such terms held out by the English Press, to frighten away the Orangemen from the embraces of their Catholic countrymen. Adversity makes strange bed-fel lows, and it is not the voice of O'Connell, but the louder and more potent voice of national despair, which now ral lies all colours and denominations under one common ban ner of orange and green. Knowing, as I do, the good feelings you have always entertained towards my country —knowing, as I do, the sacrifices you hare made of time and money in the cause of her emancipation, lam the more anxious to set you right o❑ the actual results which must flow from the repeal of the Union, and if such re sults would follow will any candid Englishmen deny that England would be benefitted as Ireland was enriched, and that both would be bound together by the golden chain of interest increasing in strength with each succeeding year? —lf you could satisfy me that that most execrable of all ascendancies, the ascendancy of a sect, be that sect Ca• tholic, or Protestant, or Presbyterian, would be the con sequence of the Union, I would rather see Ireland buried in the ocean than live to .see such a visitation on the people; but this could not be—and therefore I feel my hopes rising with every hour, that Englishmen, as well as Irishmen,will be soon satisfied that the Legislative Independence of Ire land is the beat and most certain guarantee for the happi ness and security of both. Your insertion of these lines in your very valuable paper will oblige your's very respectfully, JOHN LAWLESS. 15, Leeson -street, Dublin, Jan. 6, 1831. SPECIAL. COMMISSIONS. SALISBURY, jA ! , T4 10 . At nine o'clock this irnorning Mr. Baron VAUGHAN, Mr. Justice PARKE, Mr. Justice ALDERSON, Lord RAD and T. G. B. ESTCOUR.T, Esq., took their seats in the Nisi Prius Court. As it was understood that the sentences were to he passed this morning, the moment the doors were opened the Court was crowded to excess. Immediately after their Lordships had taken their seats ;he following prisoners were placed at the bar, and sen ;enced by Mr. Justice At.naßsCoN as follows Joseph Chubb, seven years' transportation for the first offence, and seven years for the second offence; Elias Kiddie, Charles Lane, Levi Miltird, Thomas Foot, Shadrach Amos, William Hibbert, Joseph Moon, Richard Groves, J. Pinchin, and S. Moon, 15 months' imprison ment and hard labour ; Charles Kimmer, 12 months' and hard labour ; Wm. Every, Thomas New, Elias Thorn, Samuel Rymond, and Thomas Kimmer, nine months and hard labour ; George Green, T. Palmer, J. Tucker. William Pottle, W. Bridges, J. Cook, C. Hale, John Harvey, and Job Hailstone, six months' imprisonment and hard labour. The whole of the remaining prisoners who had not been sentenced were then placed at the bar. Many of them ap peared to feel their situation deeply. They remained at the bar some time, during which their Lordships were in consultation. Lush leaned over in an agony of grief, and many others sobbed aloud. After about a quarter of an hour Peter Withers, 23, and James Lush, 40, were ordered to he placed in front of the other prisoners. The latter then became in the most distressing state ; he ap peared to have been an agricultural labourer, and did not seem to have that spirit of ferocity which it was said be had evinced. Mr. Bishop then addressed the prisoners Peters Withers and James Lush as follows :—" You have been convicted of felony; what have you to say why the Court should not give you judgment to die according to law 7" Before the prisoners could make reply, Mr. HENRY BALL rose and said—My Lords, I appear before your Lordships on behalf of Peter Withers, and have humbly to move that your Lordships will be pleased to respite the judgment against him until the opinions of the Learned Judges can be obtained whether, upon this indictment, and the evidence given, the prisoner was pro perly convicted. Mr. Baron VAUGHAN, after hearing the arguments of the Learned Counsel, said, we think there is some founda tion fur the present application. The Act is highly penal, and ought to be construed strictly. The Court are dis posed, under all the circumstances stated by the Learned Counsel, to grant the motion, and to give the prisoner the benefit of having the objection submitted to the considera tion of the Judges. The Learned Judges having then put on their black caps, and the two Commissioners their hats, Mr. Baron Vaucitats thus addressed the prisoners at the bar :—I now address myself to you, Peter Withers. and to you, James Lush. You, Peter Withers, have been convicted upon the most satisfactory evidence, to my mind, of having maliciously wounded Oliver Calley Codrington, with intent to do him some grievous bodily harm, and to resist your lawful apprehension. You, James Lush, have been convicted of robbery from the person of Bartlett Pinnegar. To you, Peter Withers, I first address myself. Your Counsel has suggested every objection in your favour that ingenuity could assist him to furnish, and the Court being anxiously desirous to give every weight to an objec tion coming even at the last moment, have determined to give von the opportunity of having the opinion of all the Judges upon the point of law now presented ; at the same time I am bound to tell you that it is my opinion, and, I believe, the opinion of those with whom I am associated, that you must lay no stress upon the observation on that point. It appears that on the 234 November a mob of 40 or 50 persons assembled with the intention of committing a felonious act. The Magistrate comes forth and remon strate s mildly with this assembly for the purpose of arrest ing their object ; and it is then observed that you not only continued to avow your purpose, but spoke of the Magis tracy in terms which marked your intention to put down the Magistracy. I shall not pollute my lips with the terms you expressed when remonstrated with, and saying, " we'll have blood or money," accompanying your first in tention of injuring property by committing another act, of felony ; for demanding of money with menaces and threats is of itself a felonious act, subjecting the offender to trans portation' for life. Under these circumstances the Ma gistrate says, " I shall consider you as my prisoner," and with that he endeavoured to lay hold of you ; and those persons who were associated with you seemed bent on your rescue. Under these circumstances it is that Mr. Baskerville desires Mr. Codrington to assist in the apprehension of you, and which was his duty. Mr. C., therefore, in obedience to the command received from the Magistrate, makes his attempt to secure you, and upon that you proceed to assault the Magistrate with a sledge-hammer, which you had brought with you, as you avowed, with the intention of breaking the threshing machine, and it seems you would commit any other ag gression when your blood was heated. The hammer is immediately made use of by you to injure Mr. Baskerville, and thrown at him, and he having the good fortune to escape the blow, it is again picked up by you and thrown at Mr. Codrington—a large hammer more than Sibs. in weight, which it was impossible for any person to suppose he could throw without contemplating some grievous injury. This is the outline of the facts, and it is upon these facts that you present yourself for the judgment of the Court ; and though there is always the strongest desire on the part of his Majesty to fulfil the compact which he entered into with his people, that he would execute judg ment with mercy, and which I hope is engraven in our hearts : yet it is not in indiscriminate mercy that good is obtained—there is a merciful consideration also due to the public, and it is mercy to the public to make examples in aggravated cases. " With respect to you, James Lush—(here the groins of the prisoner were dreadful),—you stand convicted sf robbery from the person of Bartlett Pinnegar ; and it is one of the most atrocious cases which has occurred dur ing the pre sent Assizes. (Here his Lordship stopped for some minutes.) James Lush, whatever our private feelings may be, we have a stronger duty to per form. It is most melancholy to see a man in your condition, in the prime of life, about to be cut off from society for a crime he has committed. It always mast be enforced on the mind that these riotous assemblies must be put down, and, in proportion to the extent such outrages have been com mitted, must those who have committed them be visited with the severest punishment of the law. The object of the law is not the punishment of individuals, but by way of example to others not to follow their course—it is from necessity we feel, that in discharge of our duty we are compelled to let the law take its course where the cases are of an aggravated description. It appears that on, I will not say the day, but on the night of the 23d Novem ber, in the dead of the night, are you found in company with no less than 80 or 100 persons, confederated not merely to destroy threshing-machines, but with the deter mined purpose of committing a robbery. You go from house to house, and come to the house of the unfortunate prosecutor at a time when all persons are retired for rest, and when he would have gone to bed but for the alarm occasioned by these tumultuous assemblies. Coming to the house of Pinnegar, you take a most active part, and are guilty of this enormous offence. The Judges have been put under the most infinite difficulty in selecting one fit for punishment. They would have been justified in punishing with death many others; but, in the hope that one example may have the effect of de terring others front the commission of these offences, and that the public may know that offences are not to he committed with impunity, they have selected you. This has been done because, from the evidence, it ap pears that you were in front of the mob, the foremost to use foolish imprecations, and that, when you came to the house, you made a demand of money, and pro ceeded to extort that money under circumstances of great aggravation. Pinnegar feeling he was called upon to protect his house, also careful about his theshing-ma chine, Las shown a disposition to prevent the outrage. When attacked in his house, he presents his pistol, and he is told that it can be fired but once, and that the mob can break in upon him. They do so. He is driven hack to his house, and personally assaulted and beaten, and 1 beg to lay my finger upon that circumstance. Various blows were given, and but for the circumstance of Pinnegar having produced his money, no doubt death would have ensued. Under these circumstances, it is my unfortunate duty to be called upon to pass the sentence of the law upon you, Peter Withers, and you, James Lush. You, Peter Withers, unless the objection taken for you should prevail, to prepare for the awful change which now shortly awaits you, I entreat you, im mediately upon retiring from the Court, with humility, penitence, and prayer, with fervent, instant, and constant prayer, as you value your souls, you implore the Throne of Grace for peace, pardon, consolation, and mercy; the gates of mercy here are closed upon ye u for ever. The Court have now only the awful sentence to pass upon you, that tk e n fyou,ro from ehtee hence c \ e V t i o t h t e h r e s , p a nl aceyo fr t o t a m w m h e e s n L , e u sh yo , u b e t, asme vee,ralll 1 ft um thence to a place of execution, and that there the be hanged by the neek until you are dead, and may I Almighty have mercy upon your guilty souls. I mme diat e ly upon the sentence being concluded, Withers, who had for some time been holding up his hands in a supplicating attitude, sunk back absorbed in grief; his face had been Continually changing colour, hut at last it assumed a death-like paleness. It was evident his sufferings must have been most dreadful, and in that state he was led from the bar. Lush, from the first moment of his appearing at the bar, was very much affected, and from the time of the Judges putting on their caps, until the conclusion of the sentence, he had leant entirely over the bar, in a state of anguish not to be described; his sobs were dreadful, anti his exclamations of " Mercy !.' "Co God, Lave mercy on me!" accompanied by his piercing groans, thrilled through the hearts of all. He was removed from the bar in a stooping posture, as if incapable of standing erect. Judgment of death was then recorded against the fol. lowing prisoners :—James Toomer, John Jennings, George Shergold, Henry Shergold, Thomas Whatley, James DoWs, Isaac Cole, William Francis, William Lewis, J. Miller, Thomas Piggott, J. Romain, George Shergold, John Sher gold, Thomas Goddard, William Ta)lor, Elias Th o r., David Gee, Jeremiah New, Wortly Gee, George Dormer, George Toomer, William Cheater, Charles Pizzie, and Shadrach Blake. Immediately on the conclusion of this sentence, a num ber of women, who were seated in Court behind the pi i. soners, set up a dreadful shriek of lamentation. Some of them rushed forwards to shake hands with the prisoners, and more than one voice was heard to exclaim " Fare well ! I shall never see you more." By some mistake J. Miller, T. Piggott, and J. Romain were led out of the dock with the other prisoners. As he teas passing the Judge, Piggott entreated their Lordships to permit him to take his child with him abroad, or, if they could not do that, to recommend the parish authorities to take care of it. It was only eight months old, and its mother had died in childbirth. When he was gone, it would have neither kith nor kin to look after it. Mr. Baron VaucHart—You ought to have thought of your child before you engaged in these outrages. Unfor tunately, the Court has not the power to do that for you which you now request. This appeal to public sympathy produced a great effect in Court ; and we fervently hope that in this case some effort will he made by those in authority to prevent the separation of this unfortunate and guiltless child from its only surviving natural protector. The prisoners were then removed from the bar. Pig gott, as he passed the Judges, again said, " God help my poor babe, she has now no one else to protect her !" On leaving the Court, we mixed among the crowd who were waiting to see the prisoners leave. The scene here was heart-breaking beyond everything ; a mass of women were standing bathed in tears, supported by men who looked as having hearts which nothing could daunt, but which had given way to feelings of their better nature, and, in endea vouring to support the weaker sex, they themselves could not but betray their grief, and were actually shedding the tears of pity and affliction. At length the cell-door was opened, and the unfortunate criminals appeared chained together. We thought that in the Court, and before the door was opened, we had seen distress of mind in almost every form. 'We had witnessed it in those who had given way to it, and had let the bursting tear escape—we had also watched those who, having snore command of them selves, had prevented the outward show of grief, but in whose countenance what they felt inwardly could easily be discovered ; but we had a sight to witness even more distressing than all this. As the men came out, their wives, their mothers, their sisters, and their children, clasped them in their arms with an agonising gripe. The convicts, whose hearts had not been hardened by having before been incarcerated in a gaol, gave way. They wept like children. They no longer attempted to stifle their feelings, or brave their doom. Nature lead began to play with every force, and the heart was broken. It required every effort on the part of their attendants to get them into the car, and at last the door was closed. Then we could hear the exclamas tions of regret and of farewell, and many a female hand was forced through the bars to take a last grasp of hini who was now about to leave those who were dear to him, and to whom he was as dear, for ever. The car drove off, and some hardened wretches from within gave a cheer. Nothing was now heard but the deepest lamentation, or the kind words of the sobbing men, endeavouring to coa sole their more afflicted friends. 'We left the scene with a hope that it would have the effect desired, accompanied with a prayer that we might be spared from again being witnesses of such dreadful d►stress. AYLESBURY, JAN. 10. Mr. Justice PA RIC, in charging the Grand Jury, said that the issuing of these Commissions was a must useful measure, no man could doubt. The examinations which they occasioned were, no doubt, of zipainful nature ; but the interests of the kingdom imperatively demanded such a course of proceeding. Nothing had appeared so strongly to his Learned Brother and himself in Berkshire, as that personal intimidation, or the yielding to unlawful de mands, tended very much to spread awl prolong the mischief. The Learned Judge then explained, as he had already done in Berkshire, that a person, when attacked or threatened by rioters, had no need of a warrant or of a peace officer, but may seize the offender, either by himself or another, and bring him before a Jus tice of the Peace. He also repeated his denial that the sufferings of the poor were produced by the oppression of the rich, who, on the contrary, he said, generally speak ing, manifested a most remarkable sympathy for the wants of their distressed fellow-subjects. The Grand Jury were then dismissed, but the learned Judge called them back, in order to inform them of what he considered an important point—namely, that if any person refused to he sworn as a special constable when required, according to law, he was guilty of an indictable offence. The Grand Jury then withdrew, and in the course of the afternoon returned some hills into Court. About half-pa,t five the Court adjourned to the follow ing day. TUESDAY. Thomas Blizzard, Thomas Bowles, James Hall, David Lunnon, James Miles, William Smith, Wm. Shrimpton, Richard Weedon, John Waldeck, and William Bryant, were indicted for having, on the 29th of November, at Chipping Wycombe, in this county, de molished, pulled down, and destroyed certain machinery belonging to Messrs. Lane, and employed in the manufac ture of paper. John Lane, examined by Serjeant Sronxs—l am a paper-manufacturer. I have a paper-mill on a stream called the Wye, about a quarter of a mile from High Wycombe. The machinery which I use cost 300/. On the 29th of November last, which was Monday, about nine o'clock in the morning, a mob of about h 0 people came to the mill armed, some with pick-axes, some with crow-bars, others with sledge-hammers, small stone-ham mers, hatchets, and clubs. The prisoner, Thomas Bowles, came to the window and asked our machine-man to open the door. Bowles had a hatchet. The machine-man said he should not open the door, Bowles then said "We will force it open." I fastened the door to keep them out. They then began hammering the door with sledge-ham mers, and continued for three quarters of an hour. At length they got in. There were with me my brother and four other persons, amongst whom was the high constable. Our party threw vitriol over the mob as they forced their way in. e also fired with guns from the inside. When the mob got inside they began to break the machine with their sledge-hammers, pickaxes, and hatchets. They de stroyed it in about 20 minutes. I saw Weedon and Shrimpton breaking the machine with sledge-hammers. I saw Hall in the mill, but not doing any thing. I cannot identify any of the other prisoners. Shrimpton was marked by the vitriol which had been thrown. This pri soner was a grey-beaded man, and although his age was set down in the calendar as 40 years, he appeared at least 60.) Other evidence was adduced, after which The Jury found all the prisoners Guilty, with the ex ception of Bowles and Bryant. Thomas Blizzard, Thomas Fisher, Edmund Win grove, and John Sarney, were indicted for breaking a threshin-machine, belonging to a Mr. Langeden, on the 29th of November. Blizzard pleaded guilty, althotigh warned of the effect of that course. The other prisoners pleaded not guilty, but they were all proved to have taken an active part in the destruction of the machine. The prisoners were found Guilty, but the Jury recom mended them to mercy, particularly Sarney, who had received a good character, and had not been so A ctive in the outrage as others. Joseph Fowler, Cornelius Turner, Stacey Jarvis, Francis Tack, Elijah Cowell, and William Hi d lesden, were placed at the bar, with twelve others, charge with breaking a threshing-machine. j3Li on the their r soners pleaded guilty , a nd twelve were discharged own recognizances. The six above-na i tried were ordered By the advice of their C ounsel, to be imprisoned for two months in the House of Cor rection, and then discharged. James Goodwin, Samuel Stevens, John Piggott, Johny, a a r m ke, W ju o n o . d , w w a e r r d e , i J nd a i r e n t e e s i K fu i r ny br , ea l k V i t n n g . Jellhn a threshing machine on the Ist December. All the prisoners pleaded Guilty, with the exception of Goodson. With regard to him, Mr. Gwtrrity, for rea sons which he said it was not necessary to mention, offered ne svidence and he was acquitted. The Learned Gentle man then said, he would become a bumble suitoi to the Court that the other prisoners might be discharged on their own recogniaances, in order that they and others would be grateful for the lenity with which they had been treated. Mr. Justice PARK observei that it would be impossible for any one who witnessed these proceedings to go forth, to say that they were characterised by any oppression. On the contrary, they were marked by a forbearance very uncommon indeed, but no less creditable where there were any favourable circumstances to render it consistent with the safety of the public service. He then exhorted the prisoners to conduct themselves peaceably and industriously, and observed that the object of these prosetutions was not to effrct any vindictive purpose, but to protect peaceable and unoffending persons from lawless aggression. At the same time it was proper for him to say that for that very object, from what appeared to him of the cases, it would be necessary to make some fearful examples of some kind or other at this place. _ _ _ The prisoners were then discharged on their own recog nizances. bO/I,CiItSTER, JAN. 10. At five o'clock this afternoon Mr. Baron VAUGHAN and Mr. Justice ALDERSON arrived in town, and immediately proceeded to the Court-house to open the Commission. Their Lordships were escorted into town by the usual civic force, added to which were the yeomanry cavalry of the county, who mustered nearly to the number of 100, and preceded the carriage of the Learned Judges in double file, ❑ntil its arrival at the Town-hall. When their Lord ships appeareJ upon the Bench they were attended by John Bond Esq., the High Sheriff for the county, a nd also by Mr. Woollaston, the Recorder. In a few minutes afterwards they were joined by the Earl of Shaftesbury, and several oth,r gentleman of the county. As soon as the Commission was read their Lordships adjourned the Court until twelve o'clock to-morrow. In my last communicition I stated that the disturbances had for some time ceased in thiscounty, no case having oc curred for four or five weeks either of machine-breaking or burning. I regret to say, however, that I have this mo ment heard that two fires have just taken place—the ono at Illandford, and the other at Ower, both in this county. The latter fire, I have been given to understand, proved destructive to two cottages, a corn-tick, and to four horses, and no doubt is entertained that it was the work of an in. cendiary. The fire at Ower is reported to have taken place at one o'clock this morning, and that at or near Blandford on Saturday night. _ . The Special Assizes for this county is expected to be finished on Friday or Saturday next, at farthest. The calendar presents a list of fifty prisoners, all of whom are charged with breaking threshing machines (the majority of the prisoners are indicted for this offence), with robbery and riot. The numbers of persons indicted for these respective offences are as follow : For breaking threshing and other agricultural machines... 29 For robbery ‘45 For riotously assembling For assaulting constables in the execution of their duty.... 3 For rescuing a prisoner Total a 1 4 , 8 oirr b ßolacil x . 4„,__4n..onds N' Ayres E., ~.„4 4, 1 10) ifs tt. - "'"" Bond s ....... ........ it to , h ~ h d ...uat.. . ...... ISO;Ci; ... ....... ritie,;;; Although there are 68 charges, there are 41 reality but fifty prisoners, some of whom are indicted two or three times. The names of the Grand Jury were—The Hon. Henry Dawson Darner, Foreman ; Sir Molyneux Hyde Nepeen, Admiral Sir Henry Digby ; Henry Banker,. Edward Berkeley Portman, William Morton Pitt, Robert William', William John Banks, Benjamin Lester Lester, James John Farquharson, John James Smith, John Michell, Francis John Browne, James Frampton, John Herbert Browne, Henry Charles Sturt, David Okeden, Parry Okeden, James Champness Tyler, John Bragg, Henry Ker Sey mour, Thomas I3owyer Bowyer, Humphrey Weld, and George Thompson Jacob, Esqrs. 77:: c b ear i iii t t i t t o r N x s . t . i 1 : .. 1‘ . d . 1 . 1 . ' Itn t , 47t i, ,,:l o ll)ril ! ctou rst a g ai rbt : h . j .. a : °: : : g h :. e .n i . n i ... ,, l , i l !'' ' t erd "UR ' l ? , t t ttrd a ,, , :gin...: ) i ' 4O I C.a.;;' day s ; 81g b„.."....... "g 'Peers fo rt ;,' .... riebtligi t Mail ri ' et ' t a ' ei kCt r i "bi 44,1 * e .. a Ye . r k i ..... 0..., -.Ra iz ......... hib o • ........... t ak 4 .............. lenir"s •:: ...... h,.alt; ~........._.....2:: it roi ., eit (1 ;"'ntrieet 0 _razil ... ." 0 istien os A. ' 4 Flarde;s".' 0 Warice .. GENERAL REGISTER. A General/ Register Office is to be estcblishedt ------ N c ---------- : z" 7:14 .n a building to be provided by the Lords of the 'EASED Treasury, in or near London or Westminster. His rti 1115'1 Majesty may appoint one Registrar-General, an d .11, H E A' two or more Assistant Registrars ; the Lords of the )ey,„, Will CO l II Treasury are to appoint the subordinate officers, and , i' ll 3 ordi, to make regulations as to their respective duties. --' .44 1 ", in, The Registrar-General is to be a Serjeant or Bar' !on tai n THE i rister, who shall have practised as a conveyancer for E0r.),,, ' a ?;efere ten years at least, or shall have acted as an Assist" ~, , in tiilel pin ant Registrar; and every Assistant Registrar shall cl i t'arli a „,,;:: be a Serjeant or Barrister of at least three year s L t ' l ligen s ,..... 4 practice as a conveyancer. All the officers to give Early' and y .' security for the performance of their duties. Ind t qPPlic England and Wales are to be divided into district. buildic'oksen, for the purpose of this Act, of which division n otice ng', Stra is to be given in the Gazelle. Assurances executed -------..__ after the 31st of December, 1531, and wills, where i t the testator shall die after that date, by which a l l b ,,,, lands in England or Wales shall be in any w a y affected, at law or in equity, may be registered by -------____ + 1 -_ the original document being deposited in the office' ____ and by entries being made in the proper index in th e office. An index, to be called " The Gen eral Index," is to be kept for each district : anothe r, to be called " The Index to the Root of Titles :' an: other, " The Index of Assignments and Charges another, " The Index of Wills :" another, " T he Index to Commissions of Bankrupt :" anoth er, ~ Th e Index to Judgments, Statutes, and Recog ni ' zances :" another," The Index to Debtors and A c ' countants to the Crown :" and another, " The Index to Suits in Equity." Wills, assurances, and proceedings authorized to be registered, are to b : void as against purchasers, unless registered. Act and matters affecting lands, and not authorized to be registered, are to be void as against purchaser s < Caveats and inhibitions may he entered against Act; affecting lands. Copies or extracts of depositedinstruments are to be provided on application, ee will be received as evidence, without proof of el ect !: lion. The duty of an attorney, in making a se arei e at the office, will be fulfilled by causing an frOc (From the Times ) The whole proceedings of this day in Court were of the most afflicting and distressing nature. But the laceration of the feelings did not end with the proceedings in court. The car for the removal of the prisoners was at the back entrance to the Court-house, and was surrounded by s crowd of mothers, wives, sisters, and children, anxiously waiting for a glance of their condemned relatives. The weeping and wailing of the different parties, as they pressA the hands of the convicts as they stepped into the car, was truly heart-rending. We never saw so distressing a spectacle before, and trust that the restored tranquillity of the country will prevent us from ever seeing any thing like it again. The criminals capitally condemned on Monday, at Salit• bury, are ordered for execution on the 25th of January. REAL PROPERTY. ABSTRACT Or MR. CAMPBELL ' S BILE FOR ESTABLISHING A li , t bNEsr) much to be made. The Registrar-General shall be entitled to certairal fees, to be specified in a schedule to the Act ; sums necessary for defraying the expenses of the P;e. gister Office are to be allowed out of the Consc"l" dated Fund ; but the fees, &c., received by t be office, shall be applied to the payment of its e% . penses. Local Register Acts are to be repea led.' r Copyholds are not to be affected by this Act; 11° leases at rack-rents, for a term not exceeding twenty years. UENERAL REGISTRY 07FICIt. Yesterday a special general meeting of the Wes t Riding Law Society was held at the George I n ns Wakefield, to take into consideration the alteration( proposed to be made in the law for the registry deeds, by the contemplated General Registry Act, an to adopt such measures as may be thought necessalli; A long and somewhat conversat i ona l di sc ussion t oo n place, at which i t a pp eare d to b e t h e gene ral 0 1 )Ini° 0 that the proposed alteration in the law was likeli., be more b u rd ensome to t h e f ree h o ld ers than In u c roes to the profes,ion, w h ose i nterest it was ii—e Ce to promote, by creat i ng t h e necess i ty o f duplie a be deeds. It was ultimately determined to leav e t drawing up of th e resolutions to a committee, an who were instructed to call the attention of the fr e f, holdei to measures whi c h seeme d likely matcr ialu to affect their interests. —Leeds Mercury. Fe, From. tai p:lvrteßs incip a t r et t s t eu th e , ;rt of the tli "/ thine, ,c Ao~it or„._ llt tm At Revol t 4 " 1, 1) 4 it is b e ll, Pnw th , 117 ie• V et - ksaw el,,, e4l )urEb' - / I ° l l fro a t iri l 3 trati t t, tv 3r to tak t for 4 ' t there it i s tit:tit the (!Orpi A correspondent of the Scotsman says, thp, EIT If perhaps not generally known, that THOMAS D 7 3% P "r eat grandson of the last Duke of PERTH, who forfeited _ l n ar t i t, N , offi ce titles and estates by the active part he took in the r ebell . w_ . 1 1,,,. (1 , here. of 1745, presented a petition to his late NIAJUSTI, Cia." ll , it i to c , ing the title of Earl of PERTH, which his AlAsesTY r e 11,: ti: _ t IPecte ferred to the House of Peers. Their Lordships haeeiT pointed a Committee of Privil eges t o d e cide upon the cl I Si D: