The Sun. — London, England, 1801-08-21 00:00:00

FARM, AUG.. 17. hid' .tirst 1 f° It a or, !rSO ore nu on ery vas ,a • x has be appointed•lviinistei the Ciialpine GOvernnient to 1K.Y.N , ,-; Of Illisc.ANY, and to aaknOwledge hi;! - r in that qu - aliFy: in the name of the Republic. The Hel. vctic'and L:tnriact Governments are about to Po;pt Millihrors,,who will-be charged with the same mission. His 'Holiness has.given a . brief of credit to acknowledge the . new King . in that ,quality, and entnpi him brhis' natne at his artarriial at Florence. MOriSigCI7DT . GA;. EP one of his Nuncios, is charged with thi - s iiiinourable commission. According to. accounts from Lisle, of. the .12th instant, the - saSt-Denaibrigade, which was in gar.. tiso n there, had set out for 13oulligne ; and on the Preceding day a large quantity of • bomb-Shells was Sent- for the same place., , The meeting of the Deputies from the Cantons (31. the Helvetic- Republic, is -fixed. for the 7th of septetzber ; but already. several of the Cantons have zesolved in no resped to countenance the assembly. This refraaory 'spirit has. particularly ..discovered itself in the smaller Cartton,• and at Berne a nu . _ nlerous party haVe.:positiyely and . formally protested against.the.projeaof the Constitution, as now pro- PoSed to theni. They complain loudly of it, a s calculated to destroy even the forms of liberty among people long renowned for their freedom. Smy_tosr'A, JULY 9.—Private Letters from Egypt inform Us, that the Troops which . Admiral G • tnrAUMME landed on the •Coast of Africa, arrived on the 3oth of June at Alexandria. There are among these Troops 6po Cavalry, arid several Ge nerals. These Troops immediately joined the ether, Troops under MENOLT. It 'is asserted, that when these advices were sent off, General ME way Was making . 'dispositions to proceed against Alkam, where there was a Corps of English Troops.. Ge ,t eral FR TANtis !o,conlmancl,at .Alexandria during the absence of the' General in Chief. We.ntay; - therefore,- expert great events in •these* cotintries. It cannot be conceived here, - why . the. English Squadrons could not preV'ene the 'landing -of the Troops which Admiral GAtiTHEAtTmE had on board his Fleer. ...FRANKFzeItT, AxiG..9.—A Private. Letter from ,‘ -;o4 trantin-ople, • dated July: 9, speaks of -a great battle near Cairo, between the i -French and the Turks and English. .- • A Letter from Vienna, 'of the id iif thi§ month; announces the same neWs. It was brought to Lord MINT o by a Courier from - Conitantinolle: It was Z!n the 2.3 d June.; that this battle took place: it ` 4 Warm and bloody., . With respeEt to the Issue, a tle two• Letters offer different accounts,* we shall sabstain from saying any thing on the subje4, c„ ' Atjc. z.—Whilst the - news .from 415 t iontitiop/i, of the 9th July, speaks of a battle on the 23a of June, near Cairo, the Prague Ga zette •of the 3d, announces the passage of a Courier u3r:that City to London, with the news of : the ~City of Cairo having surrendered to the-English on the /7;11 June. A n Augsburgh , Guzette announces nearly the same news in Letters from Vienna, of the 2d August. It was. Lord MINT() who had received on the Ist, the news from Onstantinopie. Another Paper, the Gazette glint:pen,. in . an. inotncing the arrival of this Courier, says,. " That 1 13: 1 qt Constantinople the 6th July, and that his is Piiches stated, that - Gerieral Htftc t xsom had r eceived,. in a fortnight, a reinforcement of 7 ; 30 Rngob.,, The Mercury-Unit-vim-1 of..t4e Bth, publistie3-an j r -icie in the following terms : We have j us t received the following Letter,•which we. are autho. rised to insert in 'our Paper : ," have 'the honour to announce to you, the certain n e w s of Cairo having fallen into the hands of the Allies. The 01E631 Derails upon 'this sub . j e o3 as well as of the affairs that preceded it, will Teach you immediately..". f Note of the French ..editor..-Yet Private Letters ro m . few quoted by the German Papers, -con ' t r i lue .Waoert, that bn the 30th of July, LOrd M• IN Tia-Meived Dispatches . from - Corstantbroph, h wit h, Ate.,7news of the GRAND V IZIER'S Army ,7 , ng been entirely defeated by General BiLt,r antt of his h a ving fled to the Desart and Da -6QN-4_,; and af ter • that HA event; General HtvrcHlNT ward,47 the CA?TMN PAC had retreated to - the "ter n d • where, it was suppbsed, that En " i• ed by ish C orps o f-Ob servat i on wou ld b e attac k - ME:iou, reinforced by the Troops landed by 1 -NTH EAutitE. The F.onfession of the Frankfort ,'" 4 9161 the toth, that Letters from Vienna and anstaniill o pk, give contraditory Accounts, is worthy of being remarked. VENICE, JULY 29 .--Th e most r i gorous or d ers lave - been given in all the Austrian ports of the Adri a ti c , not td fu rn i s h prov i s i ons to t h e E ngl i s h Fri gates and Priv ateers , w hi c h di sturb navigation on that sea. VENICE, JULY 3l.—We learn from derigo, that th e . Squadron of .Admiral WARREN, consisting of' I)(,Sail of the Line and several Frigates, pursued, to th e Coast of that Isle,' the Squadron of Admiral C li k ; ,NTHEAttmr; but as the latter had gained six - 1 - 0 1 , ;;; L the .. English Squadron, WARREN- returned off G POA, Auc...-.-WARREWS Squadron is now it consists o f Seven Sail of the . Line , gortr ; 4 ').(1 IW O Ferrajo will thus be sup. Plied' with reinforcements . and provisions, and its surrender be more difficUlt. This news wants con.. '.firtnation. ROM E , j tn y : 5 .—O n Monday the Sovereign rontiffleld a Secret Cbnsistory, in which he created nine Cardinals, and named besides to I 8 va .cant 13ishoprics, several OE which are in theCisal. Pine, and seine in the French Republic. S.—There has been seized at the Mouth Of the Meuse, a small English Vessel, which was sounding•the Coast of Goree. It appears CM. fain that Admiral NELSON has a design upon the Alent e Fleet ; bur to attack it he must first take the atreTies of Goree,- which 'protect it. Gers. Auct7 11 EAU is at this moment employed in fortifying that • l e, and sending French TrOops thither. The Gar :'sons of the Texel, and the /idler, have been con. .iderablyed - e at inf B reda orced. A camp, it is - said, is to 14 . establish. er sec• )f No , tit the ed se• rc pre, INCES S edbf~ + jK F Oi rod& back cr in VrND/ • and Dug' KINEt ,' E, ja landed c", • s,et ring a near gs be.- eld tip where 'as ef geno inined i the trY tho - :re 10 thAt e lain to Elle as,sisr 'Jane" diev nage' triC rough tit tO t he that ervP , hick :ing• lUL4' rrec- a rill l e & O f oie;:f ume4 0 tilt 4 . (he iSSEX Assik,t, CHELMSFORD, 1ui.y . 2,4; - BEFORE SIR kASH GROSE, ANE.A SrECINL JURY. 'DU CANE, ESQ. V. HONEYWOOD, ESQ. GAR,ROW said,' this was an Aetion between two very respeCtabie Gentlemen; the one Peter Du Esq: and the other Filiner Honey wood, .Esq. to ascertain the `right to cut trees in a place, which most probably some of the Jury, had seen ; he thought he could, in a very few minutes, put his . Lordship and them in possession of the whole* the case; it ar appeed to him a case so absolutely tVithotit defence, th:tt the ingenuity of man could not devise one. The Plaintiff was-proprietor of the Manor called Great Coggeshall Manor, and the -.ChaCeway, or, Lane in question, was beyond all doubt within that Manor. Upon this place were growing some `trees which had been felled by Order of Mr. Honeywood, and the anion was brought to try whether. he had a right to cut them down or not. He might very well content himself by resting 'the claim .of the Plaintiff upon his . title as Lord of 'the Manor ; he might shew that it was part of the waste of that Manor. He might insist on Mr. Du Cane's-right to cut dOwn these trees 'as Lord of the Manor, butt . he•would not entangle himself with manorial rights, because he claimed the place in question. as the Free hold Estate of Mr. Du Cane, granted to.him by a conveyance, cotemporary with .Mr. Honey wood's, Having such a case as that, he shOuld - be one of the greatest ideots in the world to abandon it to go-in to the question 'of manorial' rights. • He.had been told, his Learned Friends had not- seen these deeds he -was inclined to believe it, for had they seen them, they certainly- would not . have advised. their Client to defend this cause. But 'it was to be said, that - Mr. Honey-Wood-had ctlt some-timber before in this chace,: he it so ; it did no'r follow because a Gentleman cut trees, which he had no,right to, and his good natured neighbour did not -quarrel with - him about it, that the right was therefore con-, eluded. He stood 'there upon - liis Deed; not in deed in the vindiaisve spirit of Shylock,' but as the representative of Mr.. Do Cane, 'to claim 'a right, which, no doubt, Mr. "HoneYwood thought be.: longed to him. He Would - she* km-originai grant, , by aperson who was aaual owner of all this Estate, by :which the grantor expressly said, The would give all the land on the right hand' of the Lane' to such an one, and all the land - on the left. to such an one, with the exclusion of the chace. Mr. Serjeant SHEPHERD said, he was perfe&ly satisfied Mr. Honey wood had never seen, any of thebe deeds. John Stowers proved the cutting down . the trees, by order of Mr. Honeywood. John Griggs, Esq. proved, that the Plaintiff was Lord of die Manor of Great Cokgeshall ; and that about ten years ago, he took away two trees, which Colonel Bullock had cut on the land. Mr. GARRow then put in a'deed, to be read by the Associate, and said, it was found among, Mr. Du Cane's title-deeds. He stated, that Henry Warner, by a deed.poll; dated 26th of, January;. 1628; conveyed the Lane, with all its profits, to Mr. Du Cane's ancestors ; and, that by an odd co incidence of circumstances, two of the-ancestors of the Defendant were witnesses to awl:teed. The deed was then read, by %irhich it appeared; that on the 16th of January, in the year of. Charles I. (1'628), Henry Warner, of Little Cog geshall, granted the estate' to John Alliston, to hold. to and his heirs and assigns for ever. He next prodkiced a duplicateof the Contreyance, under .which Mr. Honeywood held his estate.. This deed was -dated the 17th of January, i6zB, and was made between John AllistOn, of 'llia& 'Notley, in Essex, of the one part, and Elizabeth Honey wood, of Mark's . Hall, of the other part ; by which John Alliston, surrendered, remised, and re' leased, .to said Elizabeth, and her heirs, all his estate, right, title, &c. to Little Monk 'WoOd s the profits of the said 'way excepted.' This was the Plaintiff's Case. t • Mr. Serjeant SHE.PITEXD addressed the jury.. He said he presented himself before'them under those disadvantages which naturally arose from his not having had any great opportunity of discussing the question. He would venture to' say, that, in no period of time, when Mr. Du Cane or his assistant had been attempting to'elaim the property in this Lane, down to the present day, had they ever-shaped it as they have now done : he, was sure of it ;. because, it being a case between respeaable men, as Mr. Honey wood- and Mr. Du Cane both -were, they 'might • easily suppose that a question of this sort could not arise, without a 'gentlemanly communication be tween them : and lie was quite sure, that nobody ever heard, till to-day; the cl;.im that Mr. Du Cane had set up. He - said, he did not wonder at their not claiming manorial rights—because tyre way they had'put it to-day, totally destroyed all conception of this Lane being part of the waste of the Manor : they knew perfedly well that Great Monk Wood and Little Monk Wood were. once the f)roperty of the Crown, as well as the Manor of Coggeshall: They were all granted at different times to different people,' as several and distinet estates, and never as part 'of the Manor of Coggeshall. He begged the Jury to consider the question is it'now stood; 'and . the answer he was prepared'to give to .it, notwith standing' the unexpeted shape in which they had put it. The Learned Serjeant . then stated, that the proprietors of Monk WoOd Lane, as appeared by the deechhey had just read, were formetry tenants in common. There were four person's' tenants in com mon, who afterwards made partition," and one Cy_ prian Warner became 'tile owner of that part of Monk Wood belonging to Mr. Du Cane,,,Pyprian Warner had granted to Alliston a part of Monk Wood, and , that same Alliston Kid sold to the predecessors of Mr. Honeywood's 6mily another part, no* belong ing to Mr. Filmer Honey wood ; but they had re_ served the profits of the Chaceway. Now, there ' fore, say they, they have aver been, granted to Mr. Honeywood. He that begged leave to make this observation, that they had not sbewn, nor could they shew, that when. Alliston sold to Mr. Du Cane the part of the wood at the North end of the Lane, he ever conveyed to -Mr. Du Cane the profits of the Chaceway. Say they, we will shew that Allistcin, tinder whom they testi:wed to hiirselt the profits of the Chacewov; SUppose he did, did he ever convey them to .M Du Cane ? He has the litle:aleeds, anti_ if this - Chacewayi ivhich was reseiVed by - AlliSton ; was conveyed as the freehold; estate of that Alliston; under Cyprian Warner; lee them shew it. " Itot I defy them to do it. And why ? Nat bec4use I liavc seen the deed, but because; if they could, they Would have proved it." This was a case evidence,.of .the tolscrhioti was evidence of the right. When - they Say, that in 1628, this land Was conveyed to Mr., Du-Cane, or rather the other part to Mr. Honey. wood; :reserving the profits of. the Lane, it is most evident that they cannot shew that, they were ever conveyed to Mr. Du Cane ; if 'they could, they would have produced the deed beyond all doubt.= 'lt said, that this Chaceway, and the timber upon the Lane, ,is not in Mr. Honey Wood, but in Mr. Cane ; because of the words, " the profits of the Chaceitay.'', The term projct, - , the Learned Ser jeant said, lie took to be an equivalent term. If land be conveyed, - and all the profits thereof, it will pass the soil ; , it will pass every thing on that soil. But the very deed they have read, manifests that the . distioaion between profits of one sort and another is to be coristrded by the usage that has taken place in consequence of it. Mr. Du Cane has cut timber opposite to his own estate ; we all agree .he has , a right 'to it. Upon the ,same principle, Mr. Han bury, Colonel Bullock, 'and Mr. Honey wood, have a right, aS-beloriging to their estates, ,on:both sides the Lane. But Mt. Griggs has gone farther ; he says, thiit two trues have been carried to Mr % Du Cane's. That is the only instance-of Mr. Du Cane's touching those *trees, except those that- lie, paral lel to his own hedge. His Learned Friend had. said that, prima facie, this Lane belonged to, the Manor. 'He did not know whether hit this County, or in this 'part of the County, , it was so understOocl ; but he should - conceive,' that unless the Lane were. proved to have manorial rights,- that,i.the soil does not be., long to the Lord of the Manor, but to the owners of the soil on the other side the hedge.. He knew that in a County on the other side of the .Water khe County of Kent); .the Lord of 'the Manor 'was not entitled to , the soil. ;But, .he said, we are relieved from . the consideration. of Manorial. Rights, be- cause they have shewn they have none, and to what they have a right, he-.should make an observation or two--Ding I JAmEsltgranted the woods, called Great and Little Monk Woods,- and the profits thereof, manifestly distinguishing between other profits that might be; derived from the ground, and from the soil. When partition is made, they make partition of Great- and. Little Monk Woods, reserving the profits of the •Chaceway. The pro fits do riot mean the timber, and, all ,arising out of it, but mean - those proftts not included in the tim-, bet-. There is a manifest distinCtion between pro ' fits, as including all the profits, and something, as, diStinguislied -between the herbage and pannage, and so on. If Mr. DuCane- be entitled to those timbers, he is likewise entitled to • all Colonel Bullock's, Lord Harewciod's, - and.Mr. Hanbury's. He should prove that Mr. Griggs; . when he marked the trees, marked them as the friend of--Colonel Bullock, al-': though he was the Steward of Mr. Du Cane. Mr. Hanbury Itat - cut - do - WWI - Nes frbm time immemorial ;. Lord Harewood's people have cut down ye l ss, and . Mr.. 11 meywood cur down two 'trees in this Lane, the stumps of Which some of the Gentlemen had seen. [The Jury had taken a vieiv of ;the ,Lane, upon the Defendant's application to-the Court for that purpose.J He cut them, and took .them away., 'lt was, a most extraordinary thing, that Mr. Du Cgine, who , had looked over his, own title deeds, :should, when all this happened to him from year to year, now tell you, that that reservation of the - profits of the Lane ; should give him a right to hold this Lane, and its profitS,, in mclusion of all the rest. . What is it that is granted as to this Chaceway call ed 'Monk Wood Jane ? to/am m 1-.Jenellam jacen- . tem inter,' Great Monk Wood and Little Monk Wood. Though Great Monk Wood is' opposite, Little Monk Wood is not, but stands on the boundary of a separate' freehold estate, which Mr. Honeywood deriited from a different family,. called . Crowlands; and, therefOre, when, this . Chaceway was granted, it was Taken: for 'granted, jacentem •inter; Greta Monk . Wood, and titile Monk Wood ; and, therefore, he should .put 'the case in this way, admitting, for a memenr, that the supt in question was jacentem inter, Great ,Monk Wood and.-Little Monk Woud, lying between the two ; even admit-. ring that to be true, yet still the case, wherethey cannorshew that this grant has ever been 'extended , to themselves ; where they cannot find a singlestick. has been taken by them, except those- two trees, which, were conveyed to Mr. Du. Cane's ; When they , cannot shew that they have ever exercised any right in this Lane, except their own corner, it does ex-, plain the exception in the grant to be, not the . timber, but those profits he. had before spoken of. Is if there had been a grant to Mr- Du cane, still, he contended, that this part of Great IVlonk Wood, Lane wOuld ,not be the property of Mr. Du... Cane, but of the owmer of the adjoining freehold,: which is Mr. Honeywood, he having purchased the estate called ,Crowlands. - He then requested the Jury to recolleft, that they could not now turn him round, anday, it belonged to Mr: Du Cane, as Lord of the Manor, They could not recover in this ation, uni• less they convinced `them that, the freehol&of *the spot where * the trees were cut was in them, by shewing some specific' grant, or some enjoynient amounting to an exclusive possession of this Lane. They had shown it was not part of the manor by their own evidence. Then he would ask them,. whose property was it The owner of the ,freehold, - beyond all question. With respeet to .usage, he should prove to them,- by' ieveral witnesses, that all, the. trees had heen cut down by the owners of the adjoining land, Colonel Bullock, Lord Hare Wood, and Mr. Hanbury,. He concluded by Observing, that thcughthis case had wine upon' him by surprise, he, was persuaded the Jury, by attending to these circumstances, would givethem considerable weight. The Dcfendant'A Counsel then examined a number of witnesses, vho clearly proved the faits adverted to by tht Learned Serjeant. . It appared in ,the course, of the trial, that Mt ) iloneyweod, the iYefe . ndant, had, previous, to the Assizes, tecvii-ed notice from the Plaiutiff 'S Solicitor !o kmluce ilk duplicates of tEe old dc . read it Court, which were in his possession: Mr. GAR ROW then addressed the Ptragaink by way of reply,, at considcrable length; He - con. eluded by apologizing to them, for tithing, up,sd nuich . of their time, and telling thetn, that the only question ,was, , 6 whether the place in question - :was the soil of Mr..Du Cane It was so in i 623 and no man could shew-he;had-erv - er parted with it,' The Learned judtelhen told the jury, that the , question they had to try, was, 'whether the' soil of Monk Wood Lane, and the trees growing upon it, were the Property of the Plaintiff? If they were his property, then, undoubtedly, he 'had a right 'to .the present anion. • As to damages, he did not sup, pose:that the Gentlemen (Counsel for the Plaintiff) would think much about them, if they found a ver, diet for the Plaintiff.' As it was a question of right between the parties, nominal damages would be sufficient, and .the cause might end with the same good humour with, which it had been carried cr.— He then recapitulated the whole of the evidence, and said, it was for them .to say, whether they had any ground upon which they would feel•themselves warranted in saying, that this , venella ever got into , the possession•of the Defendant. The Jury, in a few minutes, gave a verdietfor the Plaintiff—Damages, 4os. [HANSON, ESQ. v. Gu.tsoN, in our next.] At Shrewsbury Fair, on Tuesday and Wedneilay se'nnight, sheep and pigs sold high, as did also horned cattle and good horses, of which there were not many. Lambs' wool ra.d. per lb. ; fleece wool (being mostly jobbers) from z6s. to ars. ; better sort averaged from 265. to zBs. per stone.---Cheese from 745. to 86S. per hundred. - Wednesday morning, . about four o'clock, a mid dle-aged decent dressed man was discovered in a ditch, leading from Camberwell to Kennington, ,to appearance almost dead; two labouring men going to work, with some di ffi culty got him °tit' of the ditch, quite helPless, and with other assistance they took him to the 'nearest - public house, where in about an hour he recorered,' and stated, that hav ing on Tuesday ,been at Camberwell Fair, with several acquaintance, and after spending the even. ing with them, they separated ; that he met with s female, whopretended to know him, and would ac_ company him home, and going / across the fields they were overtaken by a man, ivho demanded his Money ; on refuskig to deliver it, he was -knocked down ; • when the woman assisted in rifling his pockets of his sillier watch, and about two guineas, after which they threw him into a ditch, where .it is supposed he had been nearly three hours. Yesterday ten carmen were summoned before the Lord - Mayor, for refusing .to • load their carts with goods from the wharf of Mr. Edward Ogle. It seems this practice Is become very common, to the great detriment of trade, as these carmen will only load for particular persons, and thereby prevent the • facility of business. His Lordshifi fined them each s.s., ; and said, if - they were brought up again, he should be under the necessity of enlarging the fine. . Wednesday a man, almoit naked (sop,osed to be derange in his mind, and escaped from confine. ment); paraded through the City, breaking several windows, and cowinued. • his way up 'Holborn, into Hand -court, When he entered the Feathers Tavern, got into the bar, and did considerable damage, by breaking windows, bowls, and glasses, and cut him self in a terrible-manner; he was at last propetly secured, anti conveyed to the watch-house. Yesterday John Foster was .charged at GuF.dhall, - with introducing himself to a lad carrying a basket zof linen, value 361. in Fleet -street, giving him mo ney .to t*.tch some cakes, and desiring-him to leave the baSket in his care till his return, - which the boy readily agreed to. • As soon as the boy was goi.e he was for making-away from-the place, but a Gen. tleman observing the transaCtion; and conceiving him to -be a sharper, stopped him till the bey'a re; turn, who declared he hai.never keen him, before, on which he was put into the care of a Constable. He is .suspeeted to bethesaine person who defratid_ ed a lad , a -few nights since in Holborn 'of a box, containing wearing apparel. Upon both charges he iris fully committed for trial. A few- nights since, the hope of Mr. Jaques, Ornamental ManufaEtuier, in. HolbOrn, . was brcike open ;. the villains packed bp almost every article of value that they couldtrvesonveniently carried off; but , were happily prevented by a servant, girl . in the house ; - a considerable. coMmand over tier - alarm; she awoke, and. disCoVered - a man in her room; -lighting_ her • candle with sotne'phosphorns ; she saw him take her gown.: with him; she sup.- ' - pressed her alarmenough to prevent his knowing she was awake, and when he was gone out of the room, she got - up and fastened her door, and then contrived, to awake her fellow Servant, .Who slept in. • An •adjoiriing room, , who gave the alarm to her master .and inistress. Mr. Jaques looked out of the window, and-called the Watchman ;', the villains r,hearing the alarm, made their escape over 'a wall of the yard; into an adjoining _court, and carried -with. 'then,' several articles of plate of colisiderable value.. It is supposed, they entered the house by the.one. pair of stairs window, and we hope, this circtra_ stance will operate as a caution to the Public to have_their windoWs well secured. . . . • , On Tuesday 'night, or early on Wednesday morn ing,.the house of L. Prime, of aillingdon, was broke open and, robbed of plate, wearing ap parel, and other property, to a considerable amounr, with which the robbers made thei? escape. he robbery is supposed to have been committed by three men, who were seen in a chaise cart, about three o'clock on Wednesday-morning, coming from .Mr..Primat's house, towards London. On Tuesday evening, the house of Mr. Odiin, in Church street, Paradise-row, Rotherhithe, was entered and robbed of a very large trunk, contain-, ing property of very considerable amount.; like wise, the whole of the, cash and noces.of which the Gentleman was possessed ; and there h no doubt, entertained of its being stolen by some person or persons, who knew the in tnense property the trunk contained. The Meicariits, Broma, from .Aiiiateralim to 'Stockholm with goods, is captured by the Lynx and Squirrei SLoop4, anti sent into Yarmouth.