The Sun. — London, England, 1839-02-11 00:00:00

ago .11 ,e 7 v ~G / v .' 0 0- //2 L‘e";:. . (044......•,-,. 4t, ,,.. . : ,........ 74 .4 (...... . , iii „... 0..4'473 4 . •oxi. .... ~, .....,... , ..,: ___,...._...., . ~ \:,...,::?,, . i t I F-• '4_,Z 4 bik vc• si; - -# - -- :,.. e ,z ) ` . ) ----, ( 7 - .)!,; 4/i; D 1 Si ' ' - '*k i ' .l \\‘ llllll) i)l})4 l - : 4 -4:0,2* 111111!116,, - -- t 0/ T ‘, AOO-1-,..:,:c.A., }tar, prtsa East' ug ht made to the parishioners, and among others to the present plaintiff (Mr. Homan) and other parties who objected to the rate. That gentleman, as well as others, refusal* to pay it on the ground of its illegality. StnmonseS.' were consequently applied for by the Churchwardens, and the parties were ordered to attend before the magis trates, some on the Gth of March and others in April." A statement was then made of the manner in which the distress was levied, consisting of certain articles of furni • ture (Mr. Elms, " a clock and case"). The plaintiff s attended before the magistrates and objected to the legality of the rate, protesting also against the magistrates' jurisdiction. And it was important to bear this in mind, that any person summoned before a magistrate for the non-payment of an illegal rate, he has only to give notice that he objects to the legality of the rate, and if the ma gistrate then signs a warrant of distress, he does it at his own proper peril, and becomes liable to .an action for damages.—( Hear hear.) The Counsel to establish this position to the satisfaction of the Jury, cited to them the case of the King v. the Chapelwardens of Milnrow, in which it was decided that a party summoned before two Justices for non-payment of a Chapel-rate, "having given them notice that he disputed the validity of the rate, or his liability to pay the same, although no proceeding was commenced in the Ecclesiastical Court, and when the party so summoned told the Justices that he should bring an action against any person who ventured to levy the rate, as he thought he was not bound to pay, having no seat in the chapl, the Court held that this was a suffi &ant not:o2 of objection." In this case the party begged the magistrates not to give judgment, and when the case came before the Court of King's Bench, Lord Ellenbo rough's decision showed that it was the duty of the ma gistrates to have admitted the objection, and refrained from deciding on the rate. The Sheriff's jury were per fectly satisfied of the law did justice of the case, and the levy having been made on property to the value of 31. or 41., damages were given of la against each of the three magistrates who signed the warrant, and as he had before said, full costs followed the verdict.—(Cheers.) After a humorous allusion to the four years' arrear of Church-rate due by Sir Robert Peel to the Churchwar dens of a metropolitan parish, Mr. Woolcombe con eluded by moving the first of a series of resolutions in con fortuity with the tenor of his speech. No. 14,4'-',q. ICON IJON, MONDAY, -EVENING EDITION, --FEBRUARY 11, 1839. PRICE sd. _ - - - CON TRACTS FOR COALS FOR THE WEST INDIES' SEPARTMENT OF THE STOREKEEPER-GENERAL OF IHE COMM NAVY, SOMERSET-PLACE, FEB. X , 1839. tIE COM M ISSIONERS ` for EECUT NG the OFFICE o f LORD HIGH ADMIRAL of 1 1' UNITED KINGDOM of GREAT BRITAIN and IRE AND io hereby give Notice, That on THURSDAY, the 21st `estalit, at One o'clock, they will be ready to treat with such ying s as may be willing to Contract for supplying and deli:. , file undermentioned Graigola, Bryndorway, Llangen 'ieK, Nevill's Llanelly, Resolven, Fordel Main, E lgin Wall's " s dl. )i or Stanhope Troon, Rubly Wall's End on, Hartley Collieries ( Cart's and Pit f or lH er Majesty 's Steam V A e ssels, viz.:— HORTICULTURAL SOCIETY OF LONDON. ASmall Number of SEEDS and BULBS having been received from Mr. HARTWEG, the Society's Collector in Mexico, and the Council having directed them to be prepared for distribution, this is to give Notice, that such Seeds, &c. are now ready for delivery to Fellows of the So ciety, in the order of their application ; and that when the Are s ent Stock shall be exhausted, the names of those whose appli cations are on this occasion received too late, will be registered, in order that such applicants may be the first to receive a portion of the next supply which may arrive from Mexico. All applications made by letter, must be post-paid. 21, Regent-street. • coIREAT WESTERN RAILWAY. TO CONTRACTORS AND OTHERS. tice is hereby given, that the London Directors will re ceive TENDERS at their office, 2, Princes •street, Bank , on THURSDAY, th e 21 s t o f M arc h, at One o'Clock precisely, for the undermentioned CONTRACTS: — CONTRACT S., No. 1. The excavation and formation of the earthwork, and the construction of all bridges, culverts, and other masonry, and the entire completion (excepting the permanent way) of the railway between the termination of Contract R., No. 4, near Vauxhall Farm, in the parish of Didcot, and the crossing of the Wilts and Berks Canal, in the parish of Ardington ; a distance of about six miles. CONTRACT 8, No. 2. The completion in like manner of the railway from the ter mination of S., No. 1, to the Uffington-road, in the parish of Uffington ; a distance of about eight miles. Plans and specifications of tie said contracts will be exhibited, on and after Monday, • fin 4th of March, at the Company's Office, Princes-street, London, and also at the Bear Inn, Wantage, where printed forms of tender may also be obtained. The Directors will not consider themselves bound to accept the lowest tender, and they expect the several parties to attend at the time and place mentioned. C. A. SAUNDERS,} Secretaries. THOMAS OSLER, SKETCHES AT RANDOM. wavering, he was suddenly committed to a positive assertion that a certain qualification was essentially re quisite to a genuine document of the age at which the deed in question was written—a qualification known by the advocate to be wanting in a deed,—undoubtedly authentic,—of the same date ; which he had in his pos session and instantly produced, with a triumphant smile of exultation, conscious that he had done all which human power could do, to destroy the effect of the hos tile testimony. Talfourd's melodious rhetoric again poared forth in a sweetly flowing stream, endeavouring to efface the re collection of the contradictory evidence which had been adduced against his cl;ent's line of ancestry. The At torney-General in reply, for five hours laboured with that inflexible gravity, that untiring perseverance, and unwearied industry for which he is so remarkable : ac cumulating every fact, every inference, every supposi tion, every argument which could in any way benefit his cause,—then the Judge, Lord Chief Justice Tyndal, (whom we always -fancy the very impersonation of the common law ; a kind of visible embodiment of all those revered traditions and venerated recollections which hang around its antiquated fabric, (and who fitly presided on this occasion.) proceeded to cast upon the immense mass of evidence—the accumulation of three days' minute investigation—the light of his clear and vigorous under standing ; and it was interesting to observe how it un erringly darted upon the point to which all the scat tered rays of information converged ; how easily it threw aside, the vast body of irrelevant matter, which served but to cloud and darken the subject ; how lucidly it arranged the few plain and simple questions to which the minds of the " Knights Recognitors" were to be applied ; and how powerfully and effectually it brought to bear upon them, the col lected force of all those disconnected particlei of evi dence which in the progress of the case had been elicited. The " Knights," in a few moments came to the, deter mination that " the tenant had the more right to hold the lands in question." We have too much respect for English juries to express any opinion as to how far these prejudices of the country land-owners, in favour of long enjoyed rights, which had been cleverly appealed to by the Attorney General, might have influenced their de. cision. WRIT OP RIGHT. _ . At y, . • Tons. a'ea-.....3,000 Half of each quantity to be shipped be arbadoes...l,soo fore 30th April next, and the re- Demerara..l,ooo mainder before 30th November next. A / 4 1f the C oa l s to b e suppl i ed to cons i st o f W e l c h C oa l s. `" „, Perm of th e Tender may be seen at the said O ffi ce. , r e • Tender w ill b e rece i ve d a ft er O no o ' c l oc k on th e D a y 1 Fre itY, nor any noticed, unless he Party attends, or an tent f or bi ns duly authorised in writ t ing. !,, c , E/ ,erY Tender mu s t b e a dd resse d to th e Secretary of the Ad for'ilitY, 'nil bear is the left hand corner the words " Tender a le , " and must also be delivered at Somerset-place, . ,elaitied by a Letter signed by two responsible persons, en- Ziatt ,' '"U:,U, become bound with the person tendering, in the sum 'to for the due performance of the Contracts. PUBLICATIONS Just ready, in Svo., FROM AMERICA TO ENGLAND. By an AMERICAN GENTLEMAN. Henry Colburn, Publisher, 13, Great Marlborough-street. Ordors received by all Booksellers. A VOICE Ilt `S Feb. 7, 1839. ANTI - CORN -LAW DELEGATION. At a MEETING of DELEGATES for the TOTAL REPEAL of the CORN-LAWS, held this day at Brown's Hotel, Palace-yard, London, J. B. SMITH, Esq. of Manchester, in the Chair, THE NEW WORK ON RUSSIA. ,-. °N e.IINMENT SCHOOL OF DESIGN, SOMERSET HOUSE. NOTICE i s hereby GIVEN, that the FEES ,e d of admission to the SCHOOL of DESIGN have been need to the following sums,To tile Morning and Evening School, per week... Is. .., To the Evening do. do. ,u'OTICE GIVEN, that on Tuesday the 12th of Feb wir, a class for a the Drafting of Patterns for Silk Manufacture, 6. ,uo opened under the management of a French artist, who th e re i n engaged to afford instruction on the plan adopted in e e - 40 01 of Lyons, and for which purpose a loom and the ne ssarY al , Paratus has been fitted up in the School. p . , WILLIAM.DYCE, Superintendent and Secretary. '°- 2, 18:39. Now ready, in 2 vols. Bve., with Illustrations, EXCURSIONS IN THE INTERIOR OF RUSSIA; Including SKETCHES of the CHARACTER and POLICY of the EMPEROR NICHOLAS, SCENES at ST. PETERSBURGH, &c. On the motion of JosEPH STURGE, Esq., of Birmingham ! seconded by Dr. Bowutz4n, of London, It was unanimously resolved, That it is the conviction of this Delegation that in advocating the total and immediate abolition of the Corn and Provision Laws, they shall be able to produce evidence showing that such a measure will lie , greatly to the ultimate advantage to the Agri cultural Interest itself. By ROBERT BREMNER, Esq. Henry Cutburn, Publisher, 13, Great Marlborough-street. To be had of all Booksellers, That this resolution, together with the following, which was passed en the sth instant, be advertised in all the London Daily Papers. M. GU)ZOT'S LETTER TO rlis CONSTITUENTS. This day, 2 vols. Bvo., with Plates, MEMOIRS OF CHARLES MATHEWS, Comedian. J. B. SMITH, Chairman. RESOLUTION OF STH FEBRUARY. By MRS. MATHEWS. Richard Bentley, New Burlington-street, Publisher in Ordinary to her Majesty. That this Meeting, whilit it demands of the Legislature as an act of justjce, the total and immediate repeal of all laws im posing duties upon or restricting the importation of corn, and other articles of sub istence, is prepared to resign all claims to protection on home manufactures, and to carry out to their ful lest extent, both as affects agriculture and manufacture, the true and peaceful principles of free trade, by removing all existing obstacles to the unrestricted interchange of industry and capital between all nations. MISS PICKERINGS NEW NOVEL. 'and HC CaPtal, 200,600/., Deposit 3/ iRSHAM RAILWAY. into ?0,000 Shares, of 20/. each. '. per Share. 'PROVISIONAL COMMITTEE. H. C - i laY , Es q . D. Maclean Esq. • Esq, Lieut.-CoL ' Moody, R. E. s. a .nn Harm an , E sq. Thomas S. Robinson, Esql stiehard Heaviside, .Esq. Robert Sutton, Robinson , Esq. With power to add to their number. - ENGINEER—J. U. Rastrick, Esq. Ic EßS—Messrs. Ladbroke and Co., London; Surrey, Kent, , n and Sussex Branch Bank, and Henty and Co., Horsham. tie rroes—Sweet, Sutton, Thurlow, and Ewens, Basinghall street, London; G. and 11. Faithful, Brighton. Szcateraity—Mr. H. Dean. lath Railway, only 10 miles in length, commences at the ' Pe mile of iiie London and Brighton Railway, in the parish of and runs through Charlwood, Crawley, Held, Beetling, - gd Rusper, and terminates in the town of Horsham. The nature of the country through which the Railway passes 7 ,agricultural, :the land not of kvery valuable description; and "lough it terminates in the centre of the town of Horsham, it destroys but few buildings. The gradients are favourable, the steepest being33o feet, ° LI° feet in a mile. The works are light, the deepest cutting 4- exceeding 24 feet; the heaviest embankment not exceeding refs3°fet, and these only occur in one place. The works upon the ntler of the line are easy, several miles running upon the s ef the ground. kn,;"" a griculturalfimportance of the town of Horsham is well ;:flt, and such as fully to entitle it to the conveniences and ad alttgel af , a Railway communication with the metropolis; and, tow a t r,,,,it is not intended to carry this Railway beyond the nig nersham, yet it will ensure the traffic of the surroundlia This trafficavas fully investigated before the Par liors-litary Committee on the rejected Brighton Line, by way of to b e n'am . , and the result fully proved the pecuniary advantages whop derived from a proper Line of Railway to Horsham ; _l, ais remembered that the present project accomplisher, by R 0) ,2 1 , 1 aY or 10 miles, all that could have been obtained forpublic eix u - j,''are and West Sussex by a Railway of 30 miles, the fr o ,: n t fail to be convinced that an ample return will be derived re the capital expended in this undertaking. kittProvisionalC In- Submitting this Railway to.the public, the o a e call the particular attenticn of the proprietors of the l btotitton Line to the vast increase of traffic which will thus ie o Pon their Railway, which must be conducive to the tee - •' 1 ` 11 of that Company, and render this undertaking one do :pg of their cordial support. , the requisite Parliamentary notices have been given, and e l ,. Pans deposited, for an application to Parliament is the T he Session. 2001-11 Provisional Committee have stated the Capital to be Ttoh.e,ooov La / r . is ; e, b f u e t el t i h ne i s considerably exceeds the estimated coats Unglit"aTe adopted this course to meet any contingency that fully satisfied that a traffic can be shown a much greater outlay. The Deposit of 31. per Share Intie i nt 7. in consequence of the new Standing Orders of Par- All • joizedaPplications for Shares must be made by letter in the sub easy bef°,.rrn (Post paid), to the Solicitors (of whom Prospectuses tem H ad), and no such application will be reeeiced after Ss , aY, the 16th instant. e4:dne, January 25, 1839. PROVISIONAL COMMITTEE OF THE LONDON AND HOR SHAM RAILWAY COMPANY. Gentlemen, e ertit Ti n tlest to become a Subscriber fir Shares in this un te tfle , g, and ree to take such Shares as shall . be !Bet Pro, and to Pay the Deposit thereon, in conformity with the exeePeetus dated London 'the 25th of January, 1839, and to wh flute the P arliamentar Contract and Subscribers' Agreement * shall be required y so to do. • Th e c b l .aT, Gentlemen, your obedient servant, sizwea ristian and Surnames, with Date and Address, to be nY the Applicant ] FIELD'S DIAMOND PLATE POW- It •14 DER, warranted not to wear the Plate. „,.,.'llitritly cle ars t arn i s h an d di r t, an d magically produces inimitable Polish open Geld, Silver, Plated Goods, A British l m i * , Copper, and akes British Plate, Zine, and Pew ,',,; wkite as the best Silver. I , a „ to " , whulesale and retail, at Hanoi and Co.'s British Plate %t em !' 4 1, Ludgate -street. N;' a n , Chenlist to the Queen,lHall, Newport, Isle of Wir;ltt. Castlo streot, Lcicester-IPeole, Manchester. 21 loar e . • el Holbrook, 115, Grafton-street, 2 , ' a PPell, No. 84, Lombard- Dublin. Vireet. Parkinson, Birmingham. 67, Penehurch-street. Nettleship, i Lineeln. -41 and son, Carmarthen. !Bloomfield, Poole, Dorset. A And at the Manufaetory, 92, Fenchureh-street. NVLNTS WANTED for every Tewn ierthe kingdom. Plate gleaned with this powder will not again tarnish. No. P HALF MOON-STREET, PICCADILLY ; 44Ni 52, GREAT RUSSELL-STREET, BLOOMSBURY, INERAL SUCCEDANEUM FOR FILLING DECAYED TEETH, LOOSE TEETH FASTENED, ~.11. • AND LOSS OF TEETH SUPPLIED. •Ro,; n n ileur MALLAN and SON, Surgeon Dentists, No. 9, Half ~hilt,::4 lt teet, Piccadilly, and IN, Groat Russeil.s . reet, Bloomsbury, • , ,t.l6,".°f_to restore DECAYED TEETH with their MINERAL -rsia,ANEUNI (of which they ate the Sole INVENTORS and , 1 101Sel,'V.ORS), ' itheut pain, heat, or pressure, and FASTEN the 6,-. T EE H, whether Arising from age, neglect, disease of tlso ,r ; i ns• the use of Calomel, or any other eause. They have ~.kEti. ' “'s e overed a NEW ' COMPOSITION for ARTIFICIAL .. "` J a „ItS — A,,I. peculiar advantage attending Teeth made from this 0:11pi,", , E is, that they are totally impervious . to . acid , . 4 -3 ' Nl, - - `-'t AL TEETH have hitherto been found objectionab t e Itrlseo'ALlDS taking MEDICINES which have a tendency t o ky„l'av 12,rt them and by persons of bilious habits. 1 he . Ts _ \i s,coev-p-ea!uccesfiful in obviating these objections by then' EN thl'lklpc" . t, and they can fix the above without extracting the 'ro ' . causing any incumbrance, and evett on GUMS w of cie,,, ost tende nt re rotecting the adjoining feeth, bower . th e • No FIRES a u , p It A ptiG / Kor LIGATURES . are used, and they MATCrI ' 4 ,._ Ttx, AL TEETH in po tof Shape and Colour. MlA berl4Vietr" for MASTICATION n and ARTIC . ULATION. In i t ntstr t of their improvements in the mechanical . departari fo e i n i. t w o . f ° Z 3t Y, they .4 . ..a1e:..... are enabled to reduce their charges -o the A 11 / 3 • -. /let Artificial Teeth ' Xet , ...... 5 5 • • 4. fist t ~ , T t ........... ....................... 16 0 0 fillim i r Mons Mallan's Incorrodible Teeth, hiThly rill. ed i • u Ilti ab h the first style ' H alf ) e° Al'ed Too th with Mineral Sucoedaneum 0 5 0 "11-street ' Piccadilly, and. at, Great Russell - stre et, Bloomsbury. . _ ~.A..,,. I)auci tacitu rn dolorem continebant."—..Liv. '3 inanhood approaches, the human form, coun tndergotenrance, voice, and the whole intellectual character, 'age... . e volution. Love is the end and sum of life, creating . oci o ,.7rer i mage of ideal perfection. But in the present state 0 atrl4._ PU.re aud virtuoils enjoyment is often postponcd and oh hf, 'hild " l an t d dl . the excess of . youthful impetuosity impels to a course ' r ained , iniurious indulgence, and tho mind becomes painfully le,,, , ii er i -- -. .3, al ternations of fears, disgust, and passion. In this 4noranir.haPx sought from the inexperienced, perhaps from the halti,, t .., , li.l either case at the expense of health, that being on y to ,t,',u.whieh should have been effectually cured. Here we propose 14ngs stet , a nd rescue thevictim of unwise indulgence from the •1140,,-• remorse, disappointed hope, and disease; and we pledge ~•,.,"° its „ e ~,s to eradicate every taint of syphilitic poison, and to restore 'rnethe.ilited energy every relaxation of the generative economy. s hall , 4 'rout this or other causes, wheseby the dignity of manhood rici n " , a ye become unpaired • equally contemning unfeeling en 1 1 ,9- 13 „ t ore ; anl!ch with reckless ignorance destroys where it should re "Mtn s on the other hand, that unworthy " principle" whose claw_ elhshness incre s the embarrassment of the afflicted. All 'iall l ," of , ; l e t e. iety, not a ex e e s .p.ing the Angle-Indian, but more espe ',4 th e V as are about to ' enter into matrimonial life, are included ' e3 ult of this address, and to all we confidently offer the Ilail " i4 nY years' successful practice. alistve3: attendance is given tor personal consltation ; and immediate ser,b4 are returned to country letters, which must minutely de- Which „ l e ease, and contain a remittance for Advice and Medicine, Ao oi lbe forivarde Ito a i prt of the world, however distant.— eareitulty can Occur ' as th l e y Me a dicine will Os securely packed, and Y Proteeted fres.% - observation. (TOSS and CO. 01. 11. C. Surgeons), ‘.1P61.• ~ 7 Lan ter-place Strand, L onn. Ju st Published (Twenty.third Edition), at. The -EGls do of .tvma Grniliar commentar on the above' Diseases.-2a. Hi- Mtl-i;lik, aodreesed exClusiv y ely to the female Sex.--_3d. ..T . h y e Ile haciLL,lBO,T, a Treatise en Lues Venerea, Gonorrhoea, lee. m a y I'll 4 4. • Psteruostsr.row, L on d on; an d o f a l l B oo k se ll ers . each. .._ pINNOCK'S CATECHISMS of the -ARTS and SCIENCES, Copiously illustrated with Maps, Plates, and Woodcuts. 18mo., price 9d. each, in stiff wrapper. • „'''' The extensive sale of these little works has proved their unrivalled utility as initiatory to all branches of learning. Their style has rendered them available by the youngest scholar, while at the same time adults have derived equal advantage from them in commencing a course of any of the subjects treated of. Each Catechism has been carefully Re-edited, and were the names of the various Editors to be given, they would be found to include those of men the most distinguished in their various professions and pursuits. Every edition is also carefully super vised so as to comprise the latest discoveries or improvements. It is not toe much to say that these little works have greatly aided the intellectual advance of the age, by rendering clear to the dullest capacity the elements of all branches of knowledge. The following are the subjects treated of, each in a separate Catechism : Agriculture First Catechism Modern History Algebra (Two Parts) French Grammar Music Anatomy General Knowledge Mythology Ancient Geography Geograithy Natural History Ancient History Geology Natural Philosophy Architecture Geometry Natural Theology Arithmetic German Grammar Navigation Astronomy Greek Grammar Optics Bible & Gospel His- Hebrew Grammar Painting in Oil tory Heraldry Perspective Botany (col. plate, History :—England, Pneumatics Is. ) Scotland, Ireland, Poetry British Biography France, Rome ißeligion BritishGeographv:-- Greece, Americaißeligious ' Denomi- England & Wales, ( Two Parts), the nations Ireland, Scotland, Jews Rhetoric Colonies in Europe Horticulture Sacred Geography and America, Co- Hydrodynamics Scripture History lonies in Africa, Intellectual Philoso- Spanish Grammar Asia, &c. phy Trade and Com. Chemistry Italian Grammar merce Christian Religion Land Surveying Universal History Chronology Latin Grammar Use of the Globes Classical Biography LiturgyoftheChurch (Two Parts), Ter- Conchology of England restrial and Celes- Drawing Logic tial ' English Grammar Mechanics Zoology :—Mamma- English Law Medicine lia, Birds, Fishes, Evidences of Chris-, Mineralogy Reptiles, Insects, tianity Moral & Social Du- Crustacea, &c., Electricity ties Mollusca For the use of young persons studying French, the Cate chisms of History of England, Geography, and Bible History, are translated into that language, price Is. each. The above may also be had in twelve volumes, price 3/. 12s. in cloth, or 4/. 10s. half-bound morocco and lettered, forming a Juvenile Encyclopedia. Whittaker and Co., Ave Maria, Inc. London. BETTS'S PATENT BRANDY.—The ex traordinary patronage with which this favourite beverage has been honoured by the Nobility, the Medical Profession, and by all elasses of the community, since its introduction in 1829, affords, of itself, sufficient evidence of its unequalled merits. To this triumphant success must be attributed the fact, that each succeeding year has witnessed the birth and death of some new Brandy Establishment ; called into life by jealousy of the suseess of the Patent Brandy, and doomed to eertain failure as a necessary tensequence ; being totally unable to produce an article capable of aistaining_ a competition with it. The only Establishment of J. T. Betts and Co. is the Dis tillery, No. 7, Smithfield-bars, leading to St. John-street, where the Patent Prandy may be had either ►ale or coloured, in quantities not leis than two Gallons, at Eighteen Shillings per Imperial Gallon, for Cash on delivery. • INVISIBLE Newly-invented operative VOIC E CONDUCTOR, effected by the Messrs. S. and B. SOLOMONS, opticians and aurists to the Royal Family , 39, Albe marle-street, Plccadilly, by which thousands of deaf persons have been greatly benefited, is the size of a seven -shilling piece, and when fixed into the cavity of the ear is soft and easy, and not more percep tible than having a piece of wool in its place, by which the faintest whisper at a public assembly is heard with distinctness. The same name of Voice Conductor," quoted from the Messrs. Solomons by other persons, are large, and when worn are similer to having a large pair of horns projecting from the ears; besides which the serious inflammation they cause, and a buzzing noise in the head. And defective VISION is brought to nature by the use of newly invented SPECTACLE LENSES: immediately they are placed be fore weak and imperfect eye-sight, either by day or candle-l i ght, every object becomes clear and distinct, and the most minute particle is seen with exact distinctness, by the useof which both the tight and hearing become much improved. The Messrs. S. and B. SOLOMONS have also made, after thirty years' practice and experience, a most important discovery, by a simple method, to remove dimness of sight and certain cases of cata racts, without operation, pain, or inconvenience. :39, Albemarle-street. In consequence of the gross imposition in the country, it is neces sary to state that no travellers are employed by the above Establish- Taunt. SALE OF SUPERIOR WINES. MR. GEORGE ROBINS is instructed to offer to unreserved SALE by AUCTION at his Great Rooms in Covent Garden, on SATURDAY, February 23d, at Twelve, A CELLER, including some remarkable fine WINES, the property of a Gentleman high in his official vocation, from whose private cellars they will be delivered. It comprehends • SIX THOUSAND EIGHT HUNDRED BOTTLES, in which will be included 3,600 Bottles of Sherry, pale, brown, and gold, 650 Ditto of East India Sherry. 245 Ditto of very old Amontelado Sherry. 1,250 Ditto of fine Old Port, from three to five years in bottle, Thompson and Croft's Shipping. 320 Ditto of excellent East India Madeira. 350 Ditto of Moselle, Hock, Claret, and Champagne. Mr. Robins ventures to state to his friends that it is an op portunity worthy of their attention. Samples may be obtained direct from the tellers, ten days antecedent to the sale, by application to Mr. George Robin's offices, Covent Garden. Captain,Marryat denies that he has accepted the command of the Brazilian Navy, or that it was ever offered to him. LETTER OF TURPIN, THE HIGHWAYMAN.- The Doncaster Gazette states that the accompanying letter of the celebrated Turpin is now in the possession of Richard Littlewood, Esq., of Cantley, near Doncaster, having been handed down in the family since about the year 1730. The story related by the father is as follows :—Mr. Littlewood's grandfather at that time occupied the farm at Nether Cantley, new the home farm of John Walbanke Childers, F,sq. Early one morning, a labourer in his employ, on going into one of the barns to thrash, a short distance from the homestead, found a piece of paper, on which he said was some writing, and on giving it into his master's hand, Mr. Littlewood began to read, " I, William Turpin, highwayman," the man quietly exclaimed, Hey, master, what has Turpin been here?" which caused Mr. Littlewood to refrain reading any more, and endeavour to draw the man's attention from the subject. On afterwards look ing round the barn, he observed the marks of a horse having entered it, which induced him to order the man not to thrash there again fur a day or two. Turpin was very much in the habit of frequenting the neighbourhood of Cantley, and particularly a wood about three miles from the village called Gate-wood. The same Mr. Littlewood had seen him more than once on the open commons; and on one occasion was very near him, mounted on a beautiful grey mare. It will be observed that Turpin signs his name William, though he is g enerally known by the name of Dick Turpin. He was hanged at York ia the year 1739. The following is a verbatim copy of the letter :—" I, William Turpin, was drove in here by stress of weather and fear of being discovered but I desire of you dear friend, you who belongs this Barn, not to make any discovery of any body being for here, for I am forced to stay in this neighbourhood a considerable time, and shall not do much more mischief than I have done you this Night to any body hereabouts. you perhaps have heard that is a . . . there great reward offered for taking me, but let not that make you endeavour to seek my ruin who means you no harm, perhaps I may be forced to lye another Night." GOING What i s , TO CHURCH . — s` bow the pupil of a medical friend of ours one morning to his master, on their way to a pl a ce of worship, " what is the use of going to church when you only hear the same thing over again?" " What is the use," replied the master, of breakfasting, dining, and supping every day, when you only eat the same sort of things over again ?"—The Churchman. _ _ _ PRUDENT STIPULATION.—An elderly maiden lady, with a pride above being dependant upon wealthier relations, retired daily to her chamber to pray for "a comfortable competency," which' she always explained in these words, and with a more ele_ vated voice:—" And lest, 0 Lord, thou shculdst not understand what I mean, I mean four hundred a-year, paid quarterly.—" Black. wood. Most of our readers, probably unversed in the dry technicalities of legal phraseology, may have no accurate idea of what is, or rather was, intended by the terms " Writ of Right ;" and may therefore have no kind of sympathy in the feeling of something like mournful retrospection with which we prefix thereto the mono syllable " last." To them it will be interesting to learn that among the oldest forms of our law there ex:sted a proceeding—inte educed into this country by the Nor man Conqueror, but having descended from an age so remote, that of its origin historic research has disco . - vered no memorial—that this proceeding, thus derived from an unknown antiquity, was provided for the deci sion, among other cases, of questions between two rival claimants to real property, and th a t the manner in which the Gothic :barbari sm "of our ancestors tried these " writs of right," as they were called, was " by battel," according to the following description, furnished by the old chroniclers of those times. The "tenant," that is, the holder of the disputed property, and the " demandant" or the new claimant --appointed champions, who, on a cer tain day, came into a space of ground sixty feet square, en closed with lists ; en one side a Court erected for the Judges of the Common Pleas, who. attended in their scarlet robes, and a Bar for the Learned Sergeants of 411 e law. The Court sat at sunrise, and proclamation being made for the parties, th e i r c h amp i ons wer e intro duced by two knights in coats of armour, with red san dals, bare-legged from the knee downwards, hare-headed, and with arms bare to the elbow's: - The weapons allowed them were batons, or staves, of an ell long, and a four cornered leather target : so that death rarely ensued in their combats. They then swore each to the truth of the cause they undertook, and took an oath against sorcery and enchantment,—" Hear this,ye Justices, that I have this day neither cat, drunk, nor have upon me bone, stone, ne grass, nor any enchantment, sorcery, ne witchcraft whereby the law of God may be abused, or the law of the devil exalted. So help me God and his Saints." The " battel" then began, and the combatants were bound to fight "till the stars appeared in the evening:" and if the champion of the " tenant" could re tain his ground till then,he was allowed to have supported his right ;.if either party yielded, that is, cried " craven" tt ith that fatal word his cause was lost, and the recreant champion was for ever disgraced. The piety and wis dom of our ancient English Legislators soon displaced this remnant of Pagan superstition, and substituted for the " trial by battel" the " grand assize." This form of proceeding, however, introduced by Henry 11., was only an alternative for the other, and the barbarous mode which was, so lately as the reign of Elizabeth— indeed we are not sure but it was much later—demanded and granted, and which certainly was not by law abolished till comparatively a recent period. By the substituted proceeding the Sheriff summoned four " Knights," who selected twelve others, to try with them, as " Knights recognitors," the " grand assize." With the progress of time, a " march of intellect" advanced, which eventually swept away altogether this relic of old English law, as too "clumsy" and inconvenient" for the proud "spirit of the age," and last session a legislative enactment pro nounced the doom of its abolition without a dissentient voice, but with at least a few regretful sighs from those who, like us, cling with reverentiel attachment to such legacies from our ancestors ; and though our reason might yield a reluctant acquiescence to the cold demands of modern " improvement," it was with a melancholy feeling of regret at the destruction of this venerable memorial of the olden time that we witnessed the trial of the last " Writ of Right." The circumstances of the trial itself vested it with no ordinary interest. They were really romantic. The possessor of an immense estate : the lord of a princely revenue : which from father to son had for three gene rations been transmitted in the uninterrupted line of in heritance, was suddenly disturbed by a rival claim— within a few hours of the expiration of the sixty years beyond which the law barred any such pretension—set up by—a poor, unknown, unfriended, mariner ! The strange novelty of the case excited interest, and enlisted on the side of the claimant a host of eager allies, who enabled him to carry on the process of litigatioc for several years, till the last, the solemn appeal, was made to this ancient form of trial, and in the Common Pleas, at Westminster, was the " Grand Assize," to be held. Throngs of curious spectators flocked to behold the last exhibition of that mode of legal investigation, which an amended jurisprudence had substituted for the fierce championship of barbarous times, and which was now in its turn to be sacrificed as unworthy of the refinement of the 19th century. As though to do honour to the obse quies of this antique vestige of the past, there was en almost unparalleled array of legal taleni. engaged in the contest, and a spectacle of intellectual gladiatorship which was rarely surpassed. There were on one side— to advocate the tenant's right—the authority, the learn ing, the experience of the Attorney-General, the bold ness and dexterity of Wilde, the acuteness and never sleeping watchfulness of Kel'y ; and to support the demandant's claim, were the persuasive eloquence of Talfourd, and the penetrating acumen, the varied and splendid abilities of Follett. For the case of the tenant deeds, and other unques tionable documents, were put in, which clearly traced the history of the estate, from the first owner, a learned sergeant of the law, in the reign of Charles 11., to his grandson, who, not knowing his heir-at law, bequeathed it to a friend in the event of the heir not coming forward. The heir did not ap pear, and the lineal descendant of the legatee now held the estate. Every one looked with intense anxiety for the demandant's case, to hear how, through the lapse of centuries, he could trace his connection with the original possessor. His case was opened by Talfourd, who, in those musical accents in which lie delivers the enthusiastic poetry of his eloquence, first paid " the pas sing tribute of a sigh " to the memory of that ancient relic of the English jurisprudence which had ruthlessly been consigned to destruction, and then detailed the in tricate and lengthened genealogy whereby the claimant's ancestry was traced up to a time contemporaneous with the original owner's possession of the estate, then car ried upwards in the ascending line till it reached the common forefathers of both, among the obscure shep herds of North Wales ; and, lastly, descended to the founder of the disputed inheritance. Numerous were the links required to fill up this long arid complicated chain of ancestry, the absence of any one of which would have broken the connection of the whole. Never was the slow progress of legal demon stration watched with more lynx•eyed vigilance, and sub jected to a severer scrutiny. There were deeds ransacked from dusty receptacles of ancient records almost illegible from antiquity, and there were parish registers," the short but simple annals of the poor "—eagerly sought for and joyfully discovered amidst the long undisturbed memo rials of village churches, and many of those intermina ble pedigrees, wherein the tenacious "pride of birth," so characteristic of the ancient Britons, delights to track out an illustrious descent—through the Lloyds and Llewellyns of many generations, by means of the faint glimmering of traditionary light, or the scattered scraps of imperfect information, sedulously gleaned from for gotten monuments or obscure inscriptions,—to periods when the fabulous mingles with and veils the historical ; and there were aged, but hale and hearty men, venera ble gray haired patriarchs, who bad been brought from the rural retirement of a century to tax their feeble memories for incidents which bygone generations had witnessed. At last, from all these multiform sources, there was constructed a foundation on which to bsse the claimant's alleged heirship. But then did the counsel for the " tenant" resolve to strike one bold and unexpected blow at one of the principal links in the lengthened chain of genealogical evi dence, and they impeached the credibility of one of the most important of those silent testimonials which had been gathered from the muniments of a re mote hamlet—bringing forward witnesse s who declared a deed, on which hung the whole line of ancestral descent, to have been forged. And then it was that the acute penetration and consummate skill which have gained Sir NV m. Follett such deserved admiration for an almost matchless talent in the eliciting of evidence— were put to the severest te st ; risi ng , as he did, w ith the full conviction that on the result of his cross-exami nation of the chief of these witnesses, produced, as they had been, at the eleventh hour, and with no longer notice for preparation than was afforded by their short examination in chief —depended altogether the in terests of his persevering and hitherto unsuccessful client. Upon his brow were visibly depicted, along with the intensest anxiety, the most profound thought and the firmest resolution. The witness seemed to shrink from the coming contest, in which ho would have to struggle with this great advocate on behalf of the testi mony lie had just given. A serie s of questions were put to him—so subtle in their nature, so artfully connected, and in such rapid succession that, though a man of education and ability, th e effect was anon apparent in hi s momentarily incr eas i ng bewilder ment ; and this, let it be observed, without anything like browbeating or menacing ; artifices to which this accomplished counsellor never descends ; but simply and entirely through the force of a superior intellect grappling with a lesser mind, involving it in labyrinths of subtle interrogatories as to the reason s o f t h e opi nions which had been expressed ; and h urry i ng i t along through a maze of quickly - follo wi ng inquiries, a midst which it was soon hopelessly entangled, canting the strength of grasp and clearness of perception to keep op with its powerful and acute anta gon i st , t i l l at length, when the s elf-possession of the witness was * The well-know❑ case of Davis v. Lowndes" which was so fully reported in " The Sun" at the time it was tried (after the term before last). and during ha ve he 631 e n in 3 ' , lish to to con' ;Ii „ of 1 taken y vr , rc 013 0 re half u 51011. ther e Ju te r; . Sol' 1d con rot o f tit, tb, Cc I'l' he 41 4#* 40V • 45 '' 9i 6 is . 61°. Is. !s• , I W (.11, ed 91 ,0 e. ,71. .6. (4* ." 5. 0, 4 1: 11;g. AL 55. ' Id. a,s, 4 , and ',, , t io iy. b‘ 01' F thc ~ 11 a4PPIELD, ASHTON-UNDER-LYNE, AND MAN CHESTER RAILWAY. NOTICE is hereby GIVEN, that the sh RALF-YEARLY GENERAL -MEETING of the effield, Ashton -under-Lyre, and Manchester Railway Com , will be held on WEDNESDAY, the 27th day of February 4ext, at Twelve o'clock at noon, at the Albion Hotel, in Man ter, in the County of Lancaster. ate(' this 26th day of January, 1839. WHARNCLIFFE, Chairman. °' 15 , Piccadilly, Manchester. tt i ltN l INGHAMand DERBY JUNCTION Y EARLY IS OTICERAILWAY. HEREBY GIVEN, that the HALF of M ILY GENERAL MEETING of PROPRIETORS the BIRMINGHAM and DERBY JUNCTION RAIL WAY • m th C OMPANY will be held, in pursuance of the provisions e Act of I ncorporat i on, at Dee ' s Royal Hote l , i n Bir tien,Rham, on THuttsoivv, the 14th day of February Next, at 'en o'clock in th'e Forenoon. The Chair to be taken at welv e o'clock precisely. HENRY SMITH, Chairman of the Board of Directors. Waterloo -street, Birmingham, January 9th, 1839. of s ect cm . Extract from it the Act of Incorporation. •"- And be further en acted, that no' Proprietor at a nY share on whicl any call made shall b e unpa id , s h a ll all a y meeting of the Proprietors of the said Company be Hi w ed to vote' either personally or by proxy, until the rail " "e called fo r at' respect of such share shall have been fully - • THE LA N C E T, Feb. 9. Edited by Mr. WAKLEY, M P. CONTENTS:-- 1. The Duties of a Joi - Ori;;, as defined by Law.— 2. Mr. Mr. Crampton on the Discoveries of Sir A. Cooper. —3. Theory of Digestion.-4. Neglect of Aural Surgery in En land.-5. Imperfect Coroner's Inquests-6. Mr. Pilcher on the Ear. 7. Rare Case of Croup.-8. Treatment of Neuralgia.-9. Visitors of Hospitals.-10. Clot Bey on the Plague.-11. Mal formation of the Fcetus.-12. Improvement of the Medical Pro - - fession. Lancet Office, Essex-street, Strand ; and all Booksellers and Newsmen. Price Bd. ' This day were published, on a large sheet of paper, price ls. each ; and in frames to be hung up in Public Offices, price 4s. 6d. each, TABLE of FEES to be taken by CLERKS of the PEACE, for payment of which the Borough Funds is to be liable ; with A TABLE of FEES to be taken by CLERKS of the PEACE, on those occasions and in those matters only in which no Claim for Expenses or Costs can be made on a Borough Fund. _ A TABLE of FEES to be taken by CLERKS to the JUSTICES of those Boroughs to which a Commission has been granted, exclusive of Stamps ; and A TABLE of FEES to be taken by REGISTRARS of BOROUGH COURTS of RECORD, and by BAILIFFS. N.B.—These Tables are printed verbatim from those just issued by the Secretary of State. London : Shaw and Sons, Fetter-lane, Publishers of the " Justice of the Peace, for the Use of Magistrates, Town Clerks," &c. &c. J. B. SMITH, Chairman. Brown's Hotel, Palace-yard, Feb. 9, 1839. J. H. SHEARMAN, Secretary. AT the FIRST GENERAL MEETING after the Triennial Election of " The Deputies from the several Con!regations of Protestant Dissenters of the THREE DENOMINATIONS—Presbyterian, Independent and Baptist in and within twelve miles of London, appointed to protect their Civil Rights"—held at the King's Head Tavern, in the Poul try, London, on Friday, the Bth day of February, HENRY WAYMOUTH, Esq„ in the Chair. It was Resolved Unaniniously, I. That this Deputation, entering upon the labours of their predecessors during, the past century at their first Me •ting since their nomination, deem it proper to express their satisfaction at the vast benefits that have been heretofore achieved within the past one hundred years by the judicious, persevering, and zeal ous efforts of their forefathers, and by recent and equally impor tant exertions : and that they sincerely declare their devoted ness to the sacred cause of Religious Liberty, and their determi nation to inculcate its importance, an to promote its success. 11. That on this commencement of their duties and of the present session of Parliament, they frankly avow a conviction that many long existing grievances which have been frequently complained of by former Deputations remain unredressed, which affect the RIGHTS of CONSCIENCE and that CIVIL EQUALITY, which men of every religious Denomination here, as in all our Colonies, and everyregion are alike entitled to claim ; and that especially the TOTAL ABOLITION of CHURCH RATES—the ex emption of Dissenters from compulsory service as Churchwar dens, and from the costly and cruel proceedings in Ecclesiasti cal Courts—and the promotion of thereligious Education of the people without any predominant influence by the Established Church—require serious attention, and vigilant and unceasing zeal. 111. That entertaining these sentiments—THlS MEETING in struct their Committee to afford these matters their early and special consideration—to watch over and oppose all measures by which the powers of the Established Church may be augmented —to oppose all proceedings that mal infringe that perfect Reli gious Freedom which all should enjoy, and either alone, or i❑ co-operation with any similar and local institutions to endez vOur to avert new evils, to lessen those that already exist, and to assist the peaceful triumph of enlightened and liberal princi ples in every part of the British Empire and throughout the world ;—and IV. That these resolutions be printed and advertised—be forwarded to the Deputation and the Ministers of the Congrega tions they represent—and be communicated to Her Majesty's Government—and to Members of both Houses of Parliament in the discretion of the Committee. HENRY WAY3IOUTII ' Chairman. A RGUS LIFE ASSURANCE COM. HANY, 39, THROGMORTON-STREET, BANK LONDON. EMPOWERED BY ACT QF PARLIAMENT. DIES ORS. Thomas Fafhentnb, Esq. John Humphery, Esq. Aid. R. Inglebv, Esq , Manchester. Thos. Kelly, Esq., Alderman. William Leaf, Esq. Jeremiah Pilcher, Esq. Lewis Pocock, Esq. "Pnvatctalc.—Thomas Davies, M.D., 3n, New Broad.street. SuauEoN. - Wm. Coulson, Esq., 2, Frederick's-place, Old Jewry. ♦)YAATACEII OF TIIE AItQWS LIFE ASSURANCE COMP/1.1c1% • A Large Subscribed Capital, together with a rapidly accmu lating Premium Fund, invested in Government and other avail - able securities. Rates reduced to the lowest possible scale that is compatible witk the safety of the assured and of the Company, whereby a certain and Annual Bonus is secured to Every Individual as sured in this Office, in lieu of the deferred and sometimes delu sive prospect of a periodical division of Profits. (See following Example. ) Mikan Banbutl, Esq. Harry Barrett, Esq. Edward Bates, Esq. Lancelot A. Burton, Esq. Thomas Cam A lin, Esq. James Cliff, Esq ANNEAL PREMTUM TO /MERE .ADVANTAORS BY ASSURING IX TRU AMPS OFFICII. 4..Z1000. ma Offices divid- Annual Equivalent Or a Age. Argue OfSee. ing:Profits. Saving. toa Bonus of Policy of —- 21 £l5 19 2 £22 5 0 £6 510 £4ol £l4OO 26 17 19 2 24 10 0 410 10 070 1370 31 28 f 2 27 5 • 615 10 330 13:10 31 23 12 6 30 13 4 70 II - 300 130 4; 27 16 8 34 IS 4 7 1 7270 1270 Claims payable in three months, or immediately on allowance of three months' discount. All dispute and difficulty about the age of the death avoided by the admission of it in the Policy. Policies assigned as bona fide security, not void by death from suicide, duelling, or the hands of justice. In case of death by the above causes, the value of Policies not assigned, allowed. Moderate Rates for Foreign Climates, Officers of the Army and Navy in actual service, and persons suffering under dicer. ders not attended with immediate danger to life. E. BATES, Resident Director. OOD TEAS, in 61b. bags, at 35., 38. 4d., X.X . and 3s. 10d. per lb. The latter has recently arrived direct from China, and report speaks highly of its exceeding good quality. EAST INDIA TEA COMPANY, No. 9, GREAT ST. HELENS CHURCH YARD, Bishopagate-street. Nov ready, in 3 vols. post Bvo., price Twenty-four Shillings , T HE PRINCE AND THE PEDLAR. By ELLEN PICKERING, Author of " The Heiress," " The Squire," " The Merchants' Daughter," &e. Richard Bentley, New Burlington•street. Now ready,vols. post Svo., 16s-, Nv ILD SC E A N ND ES PRA T RIE THE FOREST OR, SPORTS AND LEGENDS OF THE FAR WEST. By C. F. HOFFMAN, Esq., Author of " A Winter in the Far Waist." Richard Bentley, New Burlington-stree;. In one 4to. page, price Is., CORN, CURRENCY, CONSOLS, their Fluctuations from 1790 to 1836. 'A New Edition. " Exceedingly useful for reference : the engraving is clear and distinct."—Times. " The illustration, from the eye to the understanding, is perfect."—Lit. Gazette. Wyld, Charing-cross ; Effingham Wilson, 18, Bishopsgate street. CHURCH-RATES. ( From the Devonport Independent.) An important meeting on this subject was helid at the Town Hall on Thursday evening last, convened by the Mayor, in pursuance of a requisition addressed. to him, signed by a large number of the rate-payers. The re quisition was got up in consequence of Mr. Lyne, as Churchwarden, having taken on himself to collect a Church-rate, notwithstanding the decision of the large majority of the parish vestry at the meeting in; Septem ber last, that such a rate should not be gran tea. The proceeding having excited great displeasure :prong the rate-payers, the attendance at the meeting was very numerous, the Hall being completely hh,ed during the evening. Soon after half-past six o'oelc, the Mayor, C. Tripe, Esq., took the chair, and pi a cceded to read the requisition, which stated. that the meeting was called in consequence of the alle gefl illegal conduct of Mr. Lyne, who had attempted to 'levy a sum of money under the name of a Church -rate, to ithout the sanction of a parish vestry as by law requix ed, and to adopt such measures as might be considered. necessary. He was now ready to hear any gentleman who wished to address the meeting on this important questim. T. WOOLCOMBE, Esq., rose to move th e* first re solution, and was very warmly received by the meet ing. He said he should rest the observatious :he had to make entirely on the right and law of the *llse, and if he did not satisfy the meeting that the attempt now making in the town was most illegal and unconsti tutional, he should retire from the place *extremely dissatisfied and disappointed with himself. a e should ha% e to ask the patience of the meeting durioi s the ob servations he should make to them, feeling that 1 le should have to submit the law of the case to their consideration in a manner perhaps tedious, but at the same tin le lie felt s itistied that none of them would consider it unattportant. He ha , l to request that before the meeting pledged itself, as he hoped it would do, to resist the attempt that was now so iiiegally made to extract money out. of their pockets, they would see that it was necessary - to know that they should be fully justified in so doh lg., and he would take on himself time responsibility of shoviing that both law and justice were on their side.—(Her, hear.) He felt that in coming before his fellow-parishic eters on the present occasion, he stood in a proud position e for (as he had been given to understood) he had beeia singled out as one of those who were to bear the brunt:, of these roceedings, and he was glad that the party lad taken ibis course, because he felt that he was beter • mabled to meet their attacks than many others who might have been chosen from among them.—(Cheers.) He waled, there fore say to this party, that he felt obliged to, them for putting him in a position that enabled him to ;stand for ward and redeem some of his many obligation s to his fellow -townsmen, by protecting them in their ;rights as far as in him laid.—(Loud cheers.) He silo old now proceed to - inquire into the manner which tlio law re quired to be pursued in making a Churclerabte. This had been laid down by one of the highest autoh orities on the matter—in Burns's Ecclesiastical Law, whfich states, that " a rate must be made, not by the Chnrc hwarden, by the Churchwardens and parishioners in restry as sembled ;" nay, the very form of the heading is eotpressly pointed out :—" We, the Churchwardens an-1 other parishioners of the Parish of , in the County of , and Diocese of , whose names are here un to sub scribed, do hereby, this day of , in the year of , at our Vestry Meeting for that purpose assemblecl e srate and tax all and every the inhabitants and parishiorw.r s afore said here undermentioned, for and towards the ;repair,: of the church of the said parish, for this present year, the several sums following."—(The sums in svh icli each parishioner is assessed, and the names of the Church wardens must then follow.) Now, a rate I: ad been brought to him, which he was required to pay ; unfor tunately he had omitted to take a copy of it, but as far as his memory served, it was to the following effe ct :—lt was prefaced by an estimate, such as had be ell sub mitted to the rate-payers in open vestry, and IT the parishioners in open vestry negatived, and signe 1 by Edward Lyne, as one of the Churchwardens, who de clared that he considered this estimate necessary fosr the service of the parish ; the rate was also approa en' by Archdeacon Froude. .Now any such p reten d e d' :caste was totally at variance with the form by law prescribed for that purpose, and utterly and entirely illegal and inoperative.—(Hear, hear.) It is laid down by all', the authorities on the subject, that in every case in ss 'hich a church-rate is made, it must be made on an esti mate which has been submitted to the parishioners duly convened and in vestry assembled, which rate the pa rishioners have fi a right to ref use ; h e s h ou ld state let they had this right in every case except one, and ;:11.tt one case proved in the strongest manner possible th e truth and legality of his position. When a debt La. d been incurred under the Church-building Acts, th e Churchwardens might call the parishioners together, au d if they refused to make a rate to discharge the iieti rest due on that debt, the Churchwardens were *ern powered,—not by the common law of the land, but by an Act of Parliament specially passed for the our pose—to make a rate. It would be apparent that if the common law of the land, or that the Ecclesiastical Courts, enabled Churchwardens to make a rate with out the parishioners, it would have been unnecessary to give them a spacial power so to do for the purpose: of ' the Church Building Acts. It has been decided fsve r and over again in the Court of Queen's Bench, that ti l ers: is no remedy whatever to which the Churchwarden, can resort in any other case but time one he had mentoned. In the case the King v. Wilson and others, deckled in February, 1825, when Lord Tenterden was Chief Justice of the King's Bench, a rule was obtained calling oat the Churchwardens of a parish in the county of Cambridge, to show cause why a mandamus should not issue to tkiern, commanding them to make a rate for the repairs of a donative church in that parish. Sir James Scarlett, now Lord Abinger, Chief Baron of the Exchequer, sly *wed cause and objected preliminarily, that a mandamus-would not lie to the Churchwardens to make a rate. .AJII that they could he required to do, was to call a m aseting of the parishioners for the purpose of considering : the pro priety of making a rate. The Churchwat dens had no power to make a rate without the sanction of the vestry. Mr. Denman, now La ,rd Den man, Chief Justice of the Queen's Bends., con tra, admitted the force of the objection: By the Court.—" You cannot call upon the churchly ardens to make a rate. You can call on them only to hold a vestry meeting for the purpose." Rule disclwri fed. — (Hear, hear.) There are several other cases, all going to the same point, and with which it was un nes iessary for him to trouble the meeting ; but nothing could be clearer than this which had been laid dowel by the highest authorities, that there w a s no remedy whateverat common law by which Churchwardens col lid obtain a rate without a vestry. Let us see then whet :her there was any in a Court of Equity. He would say t :hat there was none. He had the published authority ot 'hier Ma jesty's Attorney-General, that no bill in equity could possibly be filed for the purpose of making a rate, h ecause no persons could be found to be proper pe.rties to the bill ; there was, therefore, no remedy in Prinitr_ Let US see what are the powers of the Ecclesiiwticat. Court. " In the case of St. Mary Magdalen, Bermondsey, it was the opinion of the whole Court ( amo n f ; other thin g s) that the Bishop or his Chancellor, cannot set a rate upon a parish, but it must be dime. by the parishioners themselves : and so lviortli, Chief Justice, said that it had been lately ► tiled in the Common Pleas. In Black v. Newcord , it was de cided that the Ecclesiastical Court cf gmot make a rate, or appoint commissioners to do it. So in Rogers v. Davenant, 26 and 27, Car. 2. In prohibition, the question was whether, if a Church be out of re pair, or so much out of order that it must be re edified, the Bishop of the Diocese may direct a commis sion to empower commissioners to tax and rate every parishioner for the re-edifying thereof. The court una nimously agreed that such commissions are against law, and therefore granted a prohibition to the Ecclesiastical Court to stop a suit there commenced against some of the parishioners of Whitechapel for not paying the tax according to their proportions." He trusted he had shown satisfactorily, that on no pretence whatever could any Churchwarden make them pay a Church-rate against their will.—(Hear, hear.) They would now look at the case in another point of view. It has been asserted by my Lord Stanley, that if an obstinate vestry refuse to make a rate, the Churchwardens may do it ; now, he should here take his stand, and show that there was not a pretence on which a Churchwarden had the power of making a rate. If there was one principle of the English Constitution more thoroughly recognised than another, it was this,—that the people could only be taxed by their own consen t,or that of their representa tives in Parliament. Now, though with regard to one species of taxation—that imposed by Parliament—he was not prepared to say that the principle of representation was carried out quite so well as he, and perhaps the meeting, might consider it should be, yet the principle was in full life ; and if so far as regarded the levying of taxes by the authority of Parliament, it was imper fect, it was not so with regard to those levied by tne authority of a parish vestry ; for he would say posi tively, and without fear of contradiction, that no tax could be imposed by a parish vestry to which the smallest rate-payer might not object, and, if a sufficient number joined him, successfully oppose. It was not a sufficient answer en a question of this kind to tell him that the amount sought was a trifling one—that he was only asked for one shilling or fifteen pence as his contribution towards the exigencies of the Church. He was glad that he was only asked to contribute so mean a sum, because then they must be convinced that on no other ground than that of principle, he took his stand in opposition to the demand. —(Cheers.) He would call to the recollection of the meeting, that it was an attempt to levy a very trifling sum ; and in a cause that, taken by itself, might justly be considered much more laudable—the defence of England by the means of her Navy—he would call to their recollection that it was the attempt to levy Ship Money which cost a Monarch his head and his crown.— (Hear, hear.) Hampden successfully made his stand against the demand, though it was no more than twenty shillings ; and he would now call on the parishioners of Stoke Damerel to take their stand against the illegal demand now made on them, bearing in mind that resist ance to such a demand formed the brightest page in British history, and laid the foundation of that liberty they now enjoyed.—(Cheers.) He would also call re spectfully on all those who termed themselves " Friends of the Church," to beware how far they attempted to load with additienal unpopularity a structure which was said by some to be already tottering and insecure. He would call on them to consider whether they did not require the good wishes of the people instead of their animosity ; whether the cause of religion, virtue, and good order was best maintained by thrusting on the public an occasion of strife like the present—he said thrusting, because there was not a friend to the Established Church, who would not agree with him in saying, that never could there be a more injudicious attempt tan the present, to levy a Church-rate contrary to law and justice in this parish.— ( Hear, hear.) He would now return again to the law of the case. They were all probably aware that there was one solitary case that had been selected es the ground on which Churchwardens claimed a right to tax the parishioners without the consent of a vestry. This was the case of Gandern v. Selby, the principle of which bad been again raised in the Braintree case, and it was the circumstance of this latter case being now pending which led him to say that the present attempt was so particu larly injudicious. He believed, or at all events he had been informed that there were those high is the Church, and whose authority and opinion might be considered of some value in this matter, who had expressed sentiments in accordance with his own, as to the extremely injudi cious course now pursued by the parties raising this question—and, moreover, that the Braintree case ems . not so likely to be decided in favour of the Church wardens es they fondly hoped, but directly against them. —(Hear, bear.) Now, in a case reported in one of the early reports, Salkeld, ea 163. Pierce v. Prowse, " the Churchwardens assessed a rate for repairs of the church, and after libelled against a parishioner for not paying it." The Court being moved for a prohibition, it was decided " that the parishioners ought to assess the rate, and not the Churchwardens." In the time of Lord Raymond, " Mr. Pratt moved for a prohibition to the Consistory Court of the Bishop of Exeter—(Hear)—where his client was libelled against for a rate assessed by the Church wardens by custom, for the repair of the church, as well the chancel as the nave of the church ; and it was re solved that the parishioners, and not the Churchwardens ought to assess the rate. A prohibition was granted." In Rogers v. Davenant, Modern Reports, 2, p. 194. " Wyndham, Atkyns, and Ellis, justices, accorded the Churchwardens cannot, none but a Parliament, can im pose a tax, but the greater part of a parish can make a bye-law, and to this purpose they are a Corporation." In a case reported, Modern Reports, 1, p. 79, it is stated to have decided that " the Spiritual Court cannot impose the payment of a rate made by Church wardens only- Moved for a prohibition to the Spiritual Court. For that they sue a parish for not paying a rate made by the Churchwardens only, whereas by law the major part of the parish must join." Twisden, jus tice, " perhaps no more of the parish will come together." Counsel—" If that did appear it might be something." The whole of these cases tended to the same thing ; in every case in which the Churchwardens have attempted of their own authority to make a Church-rate, and have taken the question into the Ecclesiastical Court, on appli cation to the Court of Queen's Bench, a prohibition has been issued to stop their proceedings. Now, suppos ing this rate to be in every other respect a legal one, yet he would contend that on the very face of it, there was a fatal objection to be taken to it—it was to all intents and purposes a retrospective rate. It contained one item of 501. for ten years' making out registers, and another .50/. for ten years' doing something else. He should show that any such rate as this must necessarily be declared in a Court of Law, illegal and void. The pamphlet he held in his hand, was one published by Her Majesty's Attorney-General, and he there states among other things that " it is now considered clear law, that a retrospective Church-rate is bad ; and this goes to the very foundation of the supposed power of the Churchwardens to make a rate against the will of the parish." Sir John Camp. bell says, that such a rate is bad in law, and he also cites a case which proves it to be bad in equity. In Lanchester v. Thompson, an attempt was tried to force the making of a Church-rate, on the ground that the Vestry had sanctioned the expense which the Churchwardens had incurred. But Sir John Leach, Master of the Rolls, said " in the case before Lord Ellenborough, it was established, that a Church-rate can be legally made for the reimbursement of no Churchwarden, because that would shift the burden off the pa rishioners at the time, to future parishioners." Hav ing shown them, as he trusted he had done, that this rate, let theta look at it whichever way they pleased, was distinctly and positively illegal, he came to the ques tion, whether any man in the parish could be compelled to pay a sixpence towards it. The only remedy which the law had provided for enforcing the payment of a Church-rate legally made, was an application to a magis trate for a distress warrant, and he had the best reason for asserting that in any case of a retrospective rate, or of a rate illegal on the face of it, a magistrate was ' justified in refusing to grant such a warrant of distress. He stated this position with some little degree of confi dence, inasmuch as a near relative of his own had refused to grant a distress warrant, and being proceeded against in the Court of Queen's Bench by Mr. Barnes, had succeeded in gaining a signal triumph over that Learned Gentleman.—(Hoar, hear.) He alluded to the case of Rex v. Sillifant. So much for the case of a magis trate who does not grant a warrant of distress : now for the case of one who does grant such a warrant for levying an illegal rate. It happened most fortunately for the present discussion, that no longer than last week three cases had been brought before a Sheriff's Jury in London against magistrates, for granting a n il legal warrant of distress, and damages to the amount of 101. each were awarded, full costs following as a matter of course.—(Hear.) He feared that ho was trespass ingo on their time—(No , no) — b ut he was anxius not only that they should fully und erstand the question, but that it should be laid before the public in such a way that there should be no pretence for saying that the ques tion had not been fully discussed and considered— (hear, hear) —he held in his hand a report of the pro ceedings before the Under-Sheriff in the actions referred to, and he would show that if two cases could possibly be alike in all particulars, the cases for which an action had been brought against the three magistrates would be what would happen here, if any magistrate on this bench should think it wise to grant a warrant against any of them.—, Hear, hear.) The Counsel for the Plaintiff in this action stated that " in 1837 a Church-rate was made, but in consequence of some irregularity in the proceed ings, a number of the inhabitants of the parish refused to pay it. Upon this proceedings were taken, but the Churchwardens mad e a p p li cat i on t o s ome legal gen" - man, and in consequence of the advice they received, abstained from proceeding with the collection of this rate. A new rate was proposed in January last year of 6d. in the pound, and among others his client objected \ toit. Notwithstanding the objections t hat were ur g ed , a rate was declared, and application for its payment was " The Chamber of Deputies has been dissolved, by a Cabinet which, eight days before, after a solemn debate, resigned, from having, by its own confession, not a suffi . cient majority. This is the second Chamber which, within eighteen months, the present Cabinet has been obliged to dissolve. And why? Is it because the Cham ber proceeded in a course of innovations upon the con- , stitution of the country, or of great concessions, which the Crown might have resisted, with reason, until their necesr sity was further shown ? Or had these Chambers impelled the Government to any doubtful or perilous enterprise, affecting foreign nations? No such thing. The Cham bers never showed a wish or symptom of either one or the. other. On the contrary, in domestic policy they granted' to Government almost all it asked; and the only wi s h strongly expressed was that of having the interests.' on the Five per Cents., reduced. :Even in its late address the Chamber made no new demand. With re spect to Belgium, it showed no wish whatever to ambatra:s the policy of Government, or compromise it with. Europe. its sentiments with regard to Spain never were more reserved or more pacific. And yet the Chamber has been dissolved. What was the cause ? Simply because the M;nistry were strangers to the Chamber of Deputies, and, therefore, having no influence over it, or authority in it, rendered the Government weaker and weaker, and less and less national. Such is the evil reeognie:ci by the Cabinet in its own resignation, and in the successive dissolution o f the Chsinbcr. Pet haps, indeed, was there no representative Government, the present ministry might have cleverness enough to carry on the Government. But fifty years ago, our fathers conceived the noble idea of partici/on:Mg in the government 83 the sole guarantee of liberty. And they were right. When the country takes part in its own government, then the latter wants force neither in its language nor its acts. Is not the contrary the case at present ? At home do we not see the Crown weak ened and attacked in its prerogative, the Chamber of Deputies weakened, and attacked also in its preroga— tive ? Do we net see, as in 1830, a struggle engaged. in between Crown and Chamber? And in the midst - of this struggle the administration and material interests of the country are forgotten and thrown aside. And abroad„ has not either the influence of France decreased, as i n. Switzerland and Italy, or the position become worse for her, as in Belgium and Spain? We are either con_. promised or isolated. And this decline takes place its the midst of peace without one obstacle or unfavoureble.cir curnstance." M. Guizot then enters into .his personal position, his: attachment to the Government of July, his pain at being lorced to attack it, and the necessity of speaking out, in ender to save it. "As to the coalition, whose fault can it be, if three or four parties, without . any of thorn al tering their opinions, become at once alive to the same peril, and cry out simultaneously against it ? If I see a fire, must I remain silent, lest malevolent people should at the same time cry out fire with a bad de ' sign? The clamour raised against the coalitien is merely that of people who cannot tolerate the pebllcity and frankness of representative government, b ee brought the sincere and constitutional it friends of th e Leo narchy in opposition to its systern,. which they t hi n k im's takea. This ma) be an evil, but is necessary to combat s more fatal evil, end it is itself recompensed by h av i ng . brought into the 'Circle of cairn and constitutional aims and. language a number of able men and parties who heretofore were enemies both to dynasty and constitution. Another result is equally important ; it is that of reconciling and, bringing into community of feeling th ose num b ers of frp tions into which tile political world of France was diviael. The representative system is a i system o f cont i nual conelli ation, and the effect of liberty s first to di v id e, and thee to unite." As to personal ambition, M. Guizot declares he might have taken a much surer and sh or t er road to gra tify it. But his ambition is of a high er ki n d than that of grasping at place. He had been accused of attacking the Crown ; but sever was more scrupulous care taken to aim constitutionally at the Cabinet, and leave the Crown sad touched. The Minister himself it was who came forward and placed the Crown before hint as a buckler, inst ea d of acting' buckler to it. He could conceive nothing at once more mean and more unconstitutional than the Cabinet in this conduct." The address of M. Guizot thus termirates—" Against the Ministry alone has been directed our attack, and it shall continue so to be directed, as our right allows, and our duty teaches. To do this is to assure the conquest of Re presentative Government, which is our Charter. We can not suffer a tittle of it to be lost. Our honour and that of France are staked therein. Nor is the repose of France less at stake than its honour. For you may be certain that as long as the present Government exists, every question and thing must remain in suspense. The dignity and' security of the country will both be more and more shaken. In foreign policy, as in domestic, you will see the same absence - of foresight, the same folly, the s ame weakness—whilst, as the result of all this incapacity, y ou may look to a repetition of such measures as tho p resent dissolution. Such is the evil, Gentlemen, and you possess the remedy." Several journals assert that at the Council which deter mined upon the dismissal of M. Persil, it was seriously debated whether Count d'Argout, Governor of' the Bank of France, and M. Dosne, father-in-law to M. niers and Receiver-General of the department of the Nord, should not be dismissed from their posts; the immediate execution of this measure having been warmly supported by the Ministers of the Interior and Justice. A letter from the Hague is quoted by the Gazette de France, stating that the Dutch army has been ordered to fall back three leagues in the rear of its present positions on the Belgian frontier, in order to avoid all chance of needless irritation nod collision between the hostile corps while war is not actually declared. " We quote the following from the Ministerial journal, the Presse :—A letter from the fronti ers o f B e lgium in forms us that between Mon s and Cha r leroi, and particularly at Bindles, a great number of men of suspicious character or bad reputation arc to be seen, who have been sent to different points in order to insinuate .. themselves int o t h e confidence of the non-commissioned ancels of the French army as soon as it is cantoned on the frontier. W e b e li eve we are justified in adding that there is at tint time prepar ing at Paris, and other places, a Buonapartist movement, which is intended is break out as soon as the elections are over, if it is not prevented by the Government, to whose vigilance this warning is addressed." THE NAVY.—There is scarc el y an y p er son living who has not taken a wa rm interest in the recent discussions res pecting our " wooden walls , " es p ecially as regards the contrast afforded by their present sta te ; and that which distinguished theta during the war with France. Of this few' can judge from mem ory, and it is therefore the m ore fortunate that so able and im p a rtial a record of our marit ! mo deeds, and the former condition of ou r ships of war, should exist as is presented by the Naval History of the late Mr, James, a production which occupied the greater pa r t of the author's life, and which is constantly appealed to as unquesticuable authority. A new and cheap edition of this National Work published find pl a ce in the library oPevery Englishman. b roug ht down to the bat tle of Navarino, has lately been an d shoulda Mrs. Troliope is about to enter the lists with , s 13 02 ,, in a monthly illustrated publication, to be called "Michael ~q, strong, the Factory Bay."—Athertecum. This announcement I TZ g i ve n rise to a good deal of speculation as to hew this -- celebrated authoress will treat so interesting a subject. We have heard th at it her intention to lend the whole power of her vigorous Pen t h e great object of the emanci p ation of our white negroes, a• to e l as h of her satire ha s alread y been felt b y the slave owne r op h o ther side of the Atlantic , and if her p en be wielded wit h sin• 111 e --; a bility on the present occasion, her s u bj ect is one which will en: ar to her the most eager attention frorn many thousands of her cou p_ trez,, trymen. The cheap form of public ation, so much i n vogue present, has bcen, we think, most judiciously ch ose n for the w or k , MR. BREMNER'S EXCURSIO NS IN Itus§i.A. This ample and able work , the p roduction of a man of sen se, ana • an acute and impartial obs erver, will soon be in the hands 0 f th e majority of readers throughout the empire, and n et i naProbalif is u p o n s ubjects throughout Europe also. We have undoubtedly se trw, an ci Y excellent accounts of Petersburg h already, but the observations ve Mr. Bremner are in themselves so interesting, and in gener a l ()t. i a ni cc p u o ca t t a e , , ,, rani-rdtiofuntuttLeypocsolittivaeny of England , that tlsio slightest details of his book will be perused with a r idi ty, v‘ to lli t l l e teTr e es i e nnfot porsonal character of the Emperor Nicholas has never before. The been so fully laid open to the public, and the elaborate views n. the R uss i a n army and n av y — p oints of such vivid inquiry at the I went — are given with a scru p ulous care and fulne ss of Tno. which we are su r p rised to think any stranger,detail, to however a labo t ions, could h ave arrived in so short a time.---Litera cute and R OBBER Y BY A SERVANT.--A ) 7/ Gazette. robb mon ey to a very serious amount, and recent l y committe d ery of against tradoman in Oldham, by one of his journeymen, has jus t ''een de_ tested a t ee ted in Stockport, under very curious and accident a l stances, since the thief himself appears to have been circuits robheo of of the money by an accessary after the fact. . part The amount of notes circulated from Sept. 2.9 to Dec. 31 last year was by private banks , 7 , 599 ,94 ,1 / Stock ditto, 4,6'25,5461. Total, 12,29.5,435/. • by Joint VIPTY POUNDS REWARD. LOST, 'Prom the Eilinburh Mail, on the night of TUESDAY th29 th, or early on Wed g nesday morning, the 30th January lest e , , between Huntingdon and London, a Mail Bag labelled " HUN TIN GD ON." „ Whoever has found the same, and will deliver it up at any t li us ew t :fi d. ce, with the contents safe, shall be entitled to the above liable to Any person finding and wilfully detaining a Mail Bag, is be prosecuted. By Command, General \V.. L. MAI3ERL Y, Secretary. Pcst Office, Feb. 8, 1839. THE NEW TALE OF FASHIONABLE LIFE. Now ready, in 3 vols., la ORA CE V E R N O N; OR, LIFE IN THE WEST. Henry Colburn, Publisher, 13, Great Marlborough-street. * e To be had at all the Libraries. MR. READE'S NEW POEM. Now ready, in Octavo, price Bs. 6d., H E DELUGE: A DRAMA, IN ,TWELVE SCENES. By JOHN EDMUND READE, Esq., Author of " Italy," and " Cain the Wanderer." Saunders and Otley, Public Library, Conduit-street. Of whom may be had, ITALY, in Six Cantos ; with Historical and Classical Notes. " Mr. Reade's Italy may be justly described as the noblest poem that has appeared since the ' Childe Harold.' "—Atlas. ON THE CURE OF STRICTURES. Just published, price 3s. APRACTICAL. TREATISE ON STRIC TURE of the URETHRA ; wherein is recommended an Improved Mode of Treatment, its efficacy being irrefragably illustrates by numerous highly interesting and important Cases, many of which had for years resisted all other means of curs, and were in a few weeks *completely removed by this powerful, safe, and efficient remedy. By C. B. COURTENAY, M.D., 42, Great Marlborough-street. Sold by T. Hill, Medical Bookseller, Great Windmill-street, He7rearket ; Simpkin and Marshall, Stationers'-hall-court; Onwhyn, Catherine-street, Strand; Templeman, Regent-street, London • Barlow, Bir m i ng h am ; R oss an d Ni g htingale, Liver pool ; and all Booksellers in Term er Country.