The Sun. — London, England, 1801-08-20 00:00:00

d at till 7f2:cs!.l.ot7DlT, Aua. ;E. TRI Pi.e S TAT4 EAU/ I,Y yesterday spent a remark. aJle cheerful day on hoard the H . ydra Frigate : after the repast, dancing commenced. Lord A. B - s Av.: was honoured with the hand of Her Royal Ilighnebs the . PR tNC tSti • AUGUSTA ; and Captain ?& Er the noble - Commander of the Ship, with the hand of the PituscEss MARY. On THEIR MAI ESTI ES coming near the shore, the Si.' Fiprenzl, commanded by Capt. PitTTERSON, and the Sershorse, by Captain .Foorx, and the Knox Cutter, fired a Koyal Salute. • • 'The ROYAL FANIIL'r went to the Theatre to see the three foftwving Farces, The Desert:P., Mo. der,7 Anti7ues . , and Midas, and were very well en. tertained. This morning HIS MAJESTY and PAINCZSS °VSTA bathed. After breakfast the Kirrg , PRINC E AnoLrHus, ParricEssSoFittA, and the DUKE of GLOUCESTER, ?Ode on 110I,ebitek to Ormington. 1.121 t A k jEsTy and the PRINCESSES, accompanied by the Countess of UxßatncE and Mrs. WI ND . IIA!.1, in two phaetons and a sociabk, took an ex. cursion to Upway and Ridgeway. The llydra and Fortumtle Frigates are under or ders for Spithead. They are expteted to sail this tight. Lord ELooN (the Lord Chancellor), Earl Foa. TT SCV E, and Mr. WICKHAM, arrived here yester day. • \'e had a very hot press here last night, several good Seamen were taken up. The harvest is almost grA in : it has been a fine season for us. . Hi Royal Highness the DUKE of KENT left Wey. Mouth yesterday. leag at an' The PR INCIESS AMELIA, it seems, is not the author of the Lines that were spoken before His ISll 4itsTy at Weymouth, and which were imputed to that amiable Princess. The sentiments of-filial l eriderness, and loyalty,. which they contained, Fave indeed some colour to the report, but from her 'clown taste and talents, it,was reasonable to CXpeet So mething better in point of Poetry. Lid LUC AN is stated to be the associate of virs. Frrzii ERSERT at Brighton ; but this assertion m ay be reasOnably questioned: There is some pro bability, indeed, in the report,. that Mrs. FiTz tizz.sErtr may be the , companion of the other 4 4 4 dks.whaltave been mentioned, as, her partners in P r ornoting, the amusement of the fashionable World. We had never been able to discover the meaning cr the formidable ! ! ! which occasionally Make their a ppearance in the Momitgur. A Provincial Paper has been more fortonee, and thus boldly avows _is contempt of therm:---" Does;" says he, ''the Moniteur think that Englishmen are to be frightened by F renc h Notes-of Admiration, becah:se di.cy are in th e f orin - of PiAeS?" It .is not a little cqrious that that Nation which has most loudly declaimed in favour of the Freedom Si the Seas, should be the fir3t to fetter their vessels. 41 ,: r cr he attempt to destroy the Chief Consul by his snuff box. is said not to have•the merit of no•velu.-- An ah ".onest Tar observed, that it was a great sha me senseless thing, " for," says he, " if he was to be Poiso n ed, it would have been much more effec... • tea l to have given 'it him in a pd." All our Castle Speares, Corsairs, Set. are trifles in horro r compare d w i t h t h e F r ench liantasinagorie. %! This Spectacle," Say the Parisian Critics, cc i s • 11 glued up with flashes of lightning : the de4ra !'ons are tombs, caverns, and infernal dungeons.... i che Actors are Spectres,' Ghosts, Phantoms, G. 3 lz , and B anc h res ; and the Walking Gentlemen Tygers, and Devils of all colour." A Coll e eti on o f Sermons h as been publish e d, writte n by the Rector of Great Snoring. The small 14 Cannot let the opportunity pass without ob. !tryi ng that the name of the Preacher's residence 91s probably expressive of the effe4 . of his pious Isertations. 11 , t 1 , 54r ; \VAL DRQNi the ACtor, would be a very t ;P e r successor to the late Mr. WILD, as Piomp, is t ‘' Covent-Garden Theatre. Mr. WAJAILON coP4u'ticularty conversant with the Diranaa of this tale, t t t rY ' is possessed of very respeelable literary "' and has had the experience of many years as Prompt er of the Haymarket Theatre. Wednesday last, a veil , respeClahle person q. a ppearance 'went to a Bookseller's shop in Man. Chester, and delivered a note, as from a Clergyman w ho frequented the shop, requesting the loan of five guineas. Some the followed, as the req u e st Was n e w, but the confidence of the sharper prevail. • ed, and the money was sent. On enquiry the next day, the whole busine ss w as f oun d to b e a f orgery 4 .4 fraud. . 1] At , the Mansion House yesterday, before. the °ltt) lyoß ' a woman of the name of Jones, `'reed ch fr 'ed her husband with assaulting her. This LP.an..stated, that ‘he is in service, and has been tv' e - ' % t : t ect from him'. about ten years ; that, about six h t e c , ; -- ; ' 111 (x, he foUnd out where she lived, and Came m ater's house, and wanted to cohabit with wife,:c - w hich she refusing, he said that she was._his and h e - would do vhat be liked with her, and dg` ; " to ma k e a great di stur b ance . She said she ri r d.not . wish to trouble him for any thing, and there- t 'lie had no r i g h t to mvlest her. . His Lordship a ° "`:, him that. he must find sureties to keep the peace, said he might be thankful he was not obliged to 1 4 iiiotain her. The necessary sureties were entered in ") and lie Was discharged.—A'great many Publicans 'lst summoned by the City- Marshals, charged with ,•,Ping their doors open during Divine Service, and l'ingi , Trit.,^aking and tippling, against the law.— Cale of them pleaded ignorance of this law, aad pron:isz-d • not to offend again, they were ' ll 4rgeci ou paing the expenses. opuk!nt . clOthier in Yorkshire, named Keck— ewonclwicke, was last week comm i tted to lira charged with giving poison to his reputed fiae girl, near four years old,. and aye -I , h he occasioned the little innocent's death, antsi re '7 J., Aar.= , CHELMSFORD, TtiLY 31TOZX it* ).Asa 4R.OSE. AND A iriet4t. trtr• Doe ex dim. rALNIE& v. sLooitateLo. DESCENT c)1 LAN,Ds: Tests was an Aclion of Ejectment, to recover certain Copyhold Lands. Mr. GARRUW said, he was Counsel for the Lessor of the Plaintiff, and he should state the case as 'shortly as possible, as it was a question of law, rather than of fact, namely :-.-:.whether an' Estate should descend to him who was the Heir at Law, or whether, by the Copyhold Custom of the Manor in which it was situated, -the Child of the youngest Daughter should not be preferred to the Child of the eldest Son ? He should submit that the descent must be governed by the Common Law, unless a clear custom to the contrary could be established, controuling the Common Law. He admitted it might be possible for the Kirg's Serjeant to shew, that, in case of a first descent, such a custom might prevail ; but he should insist, however that might be, it could not extend further; besides, he should shew instances to the contrary, and if he did, the custom was destroyed, for it was necessary it should have been uniform and fixed. He should pro_ ceed to the proof of the case, reservi.j any .further observations till after he had heard his Learned Friend's defence. It was admitted between - the parties that the Premises were within the Manor of Lawford but Daniel Sider, the original Purchaser, died, seised of the same, according to the custom of the Manor, ,about the month of September, 1765, intestate and without issue, leaving Roger Sider, his nephew, and Mary Bloomfield, his niece ; that Roger was the only son and heir of Roger Sider, the eldest brother of Daniel Sider, and Mary Bloomfield, the only child and heiress of Henry Sider, the youngest brother of Daniel ; that on the death of Daniel, 'Roger entered on the Estate, and was admitted thereto as Nephew and Heir of Daniel ; that soon after the said entry, John Bloomfield, in light of his wife, Mary, claimed the Premises, and brought an Action of Eject-meat in the Court of Common Pleats, in the year 1767, in which there was a Verdict for the Defendant. That Roger in 1799 devised the Estate to William Palmer, the lessor of the Plain tiff'', having previously surrendered the same to the use of his last Will. That Palmer on his death enter ed, and was admitted, and rec6ved the Rents till he was turned out by the Sheriff, under a Writ of Possession. That after the death of Roger Sider, John, and Mary Bloomfield, who claimed as repro sentat7‘;e and heiress of Henry-, the 'younger Bro w" ther of Daniel, brought another Action of Ejett .ment in 178 i, in which there was a Verdict in their favour; that soon after William Palmer broug!. an 'Atli= to recover back the Premises, which wls tried,. and a Verdi& given for the Defendant ; that after the recovery-by Bloomfield and his wife, they entered, hut Mary died - before she was admitted, and Henry Sider Bloomfield, her son and heir, was afterwards admitted as the great nephew and heir of Daniel Sider.—Mr. GAgROW said he was desi rous of bringing a question of this sort to a point the only point in dispute was, whether the de scendants of a younger Sister were to be preferred to those of an elder Brother ; he had to contend that the custom was confined to lineals, and did - not extend to collaterals. Mr. Justice GRosz observed, that the question was, -whether the Tenure by the Custom was not in the nature of Borough English, by which, if the father died, his youngest son took his Estate. Mr. , Serjeant SIMPFTEAD admitted, that by the Law of England; except in the County of Kent, where gavelkind prevailed, it was enough for a , Man claiming an Estate to say his father or uncle had died seised of it, and that he was his oldest son and heir. But in the present case it had been already established upon Evidence, that in the Manor of Lawford, the youngest son, brother, or nephew, took by descent in preference to the eldest. A . Jury had so found the fad, and in consequence of their Verdia the Plaintiff had been turned out.--Ano ther Jury had afterwards confirmed that VerdiEl, and the Defendants had been quietly in possession of the rents and profits ; and had not the present action been brought just at the time it was, twenty years would have elapsed, and the Plaintiff would have beendriven to his Writ of Right. The custom for which he should contend in opposition to the common law of the country was by no means sin.. gular, for there were a great number of copyholds in which Borough English prevailed. His Learned Friend and his Clients knew, that with regard to the Manor of Lawford, the right of the youngest branch of a family to inherit before the eldest, had been constant and invariable, .and - that by the cus. torn it had not been confined to the youngest son, ,but applied to remoter descents. The principle on which he should feel himself warranted in asking for a Verditt was, that if he proved the custom to have existed in ancient times, nothing afterwards could ever alter it—if he proved that it prevailed in the reigns of King Henry VIII. and Queen Eliza beth, no compad between the Lords and the Te nanti could ever have got rid of it. A custom of a manor could not be surrendered like a right of common ; nothing but the power of Parliament could alter the tenure ; and though a thousand in. stances were produced in contradiaiOn to a custom, they would not signify. A custom proved to have existed as far back as Richard I. previous -to the Holy War, was- like a law cf the Medes and Persians. The Court-Rolls of the Manor of Law.. ford would- prove this custom to have been .coeval with th at Ki ng ,. an d wou ld carry it downwards to more modern times. f The learned Serjeant pro ceeded to state the entries on the Rolls of the Ma nor, as we shall detail them in- the evidence, ob serving, that in the' lapse of so many ages there were necessarily chasms in the Records, which pre. vented his giving a regular series of proof.] Mr. Round, Steward of the Manor, produced the Court Rolls. The first entry was in..the 15th of Elizabeth. It was presented by the homage that Edward Thorne -died, seised Of certain Lands, and . that Thomas Thorne - , his younger . 'Brother, and • . , . , . . . Tte• , ;:?was adfaittea to them, ac.:c.r(. 1 1160!!. to tile. ces.- 4otl, Eli:..ahth.. I.lWa,s,,pre.:,ente,lthat Sohn Ely died; seised of 'certain Lands which he. 110 taken as heir to his mother, Rachael Ely •, arid that :diet his death lnc:phas Minn ling; arvNit!thislit,7.ior & proxinna hgetes, ivas admiitcd, and afrerwards stir_ rendered them td Giorge Manning, his elder brother. There were seveed Othei• in subsequent Reigns; proved to the same effed. Upon - the Cross-examination of Mr. ROUnd, by the Plaintiff's Counsel, it appeared the ROIL con_ tained the following entries tgth Charles IL The homage present :die death of Daniel Sydney, and the admissiOn of John Syd. ney, frater ttiaxitngs b' bares. 6th Queen Ann a The homage present the death of Stephen Clarke and Robert Clarke, e jut frater nattz Maximus tf: hares, was admitted according to the custom of the Manor. . 3d Nov. 1758. The homage present that Tho mas Mason died; seised of certain Lands, and that John Mason, his eldest nephew.and heir,.wasadmit-• ted. Mr. Serjeant SHEPHERD addressed the Jury, in reply to, the evidence of the more modern* entries, by which it, appeared the elder brothers and nephews had been admitted as heirs. He founded the whole of his argument upon these entries bcing subsequent to the reign of Elizabeth, at which time he con tended he had established the Custom in favour of the youuger branches, and observed, that the inno vation must have arisen in consequence of the Rolls not having been regularly kept, and the stewards not having given themselves the trouble to refer to the ancient ones to ascertain what the custom wa;. He referred to his former argument, and insisted that having established the custom in the reign of Elizabeth, no ad done afterwards could. vary it. Mr. GARROW replied, and maintained than the few entries produced at so remote a period as the reign of Elizabeth, were not sufficient to wt up a custom in opposition to the general law of the land. Mr. Justice GROSE said he was glad to have ob-. served the uncommon attention the Jury had paid to this case. The question was a short and simple one;—it was a mere matter of fart as to the exist ence of a particular custom. With . .regard to the general law there could be no doubt, for every one knew that if a man died 'possessed of an estate, his eldest son succeeded to it, in preference to the youngest ; there was as little doubt that in many places a custom called Borough English prevailed, by which the youngest son took, In . exclusion of the eldest; but such a custom was tp . be construed stridly, and if the words were, that the .yOungest 'brother should take, it did not apply to any re nxer descent. The Learned Judge recapitulat ed the entries read on the part of the Plaintiff and Defendant, and observed, that the existence of the custom was warranted Icy the admissions in the reign of Fitz. and whatever was the custom at that time most certainly was the same now. After comment ing at great length on the evidence and arguments of Counsel, he stated, that the whole resolved it self into the single question, Whether the custom was well proved or not ? if the jury were satis_ fied there had at any time existed a custoth in oppo'- sition to the Common Law, their vets it would be for the Defendant; if, on the contrary, they thought the entries in the reign of Elizabeth were not suffi cient proof, they would find for the Piaintiff, with, one shilling damages. The Jury retired from the . box some time, and ... returned a verdia for the Defendant, thereby esta blishing the Custom of the Manor in favour of the younger Descendants. As the Jacobin Journals have revived the subjeel of the Habeas Corpus Suspension 'Aa, and renewed all their abuse on those who brought it forward,, it may be proper to remind then of what was urged in Parliament by the friends of that measure. Hence we may ask these refra&ory'Seribblers, " What ho nest man ever felt himself aggrieved or insulted by a Law against house-breaking or robbery ?" The Guilty alone complain,,of such Laws, and, the nature of mankind renders them absolutely necessary.t- They who arc restrained in their seditious prac tices, and whose evil designs are frustrated or nished by- the Law, may dislike it; but those whose persons and property are secured.by it, will be grateful to those who had wisdom enough to de. vise, and resolution-enough to carry it into effect. If honest men are not offended with Laws against knavery and fraud s the loyal part of the commu, rtity will not complain of being insulted by a Law to restrain, to repress, and to punish disloyalty and treason. On the contrary, they will look on those Who proposed and passed it,.as their best benefac tors. The reflealons cast on the Committee are the hackneyed clamours of party discontent. No Committee would have satisfied the Opposition Scribblers, hut one formed of the enemies of Go_ vernment, and such a Committee would never have had the Coafidence of the People. Such are the re fleelions that must occur to every man of sense who confiders a meast:re against which so much abuse is revived, and which was defended in Pa ri iknen with such reasoning as was satisfa&oiy 'to all but those who wish Ll 3 U7erthrow the British Constitu tion. The Society of the Jesuits, from whose school so : many of the most celebrated names in the records of literature haVe .sprung,.ancl %vase maxims h a d so long so powerful an influence on the councils of Princes, are about to be re.establiihed in she island ofSardinia under their ancient designation. In this spot they may find a temporary retreat from poverty and wretchedness, but we have too high an opinion of the knowletle and refinement of the present times to dread the general establishment of this body.— Their empire over mankind, is, we trust, for ever destroyed, and small inaeed. is, we believe, the number of those MI6 wish the return of an influence which, though produetive of -partial advantages, had a direa teukncy to injure the best rights of Our nature. The Truth, , from Virginia to Sr. Vic_ . mat's, is captufed by LA Semilatitp French Frigate. Tice Amity, IVPLeeven from Philadelphia, is on sfiorc in the Qii - eert's ;Ind i: is feared alto - 4rzu iii ittisch ciirnaked.: • I.:DIATURI, Atrl. i 7. YESTERDAY, (Wing tt a arterncon New tabernacle; a•Fzi alarm took place In galleries, occasioned sorely by the fall of a ter's bench in the back area of - the . upper on which some boys had seated themselves. , ~ . .. , By the sudden movement of the people in OR galleries, and the extreme pressure on the stair', the sufriciency of the galleries and staircases war` brought to a severe test. They were not; how ever, injured in the smallest degree; . . . . . . In the confusion several people were slightly burr, but none dangerously. One, woman had her l:•g broke. She was carried to the Infirmaryi and the leg being immediately set, she is doing well. So soon as the real cause of alarm was known, and the diStUrbanee subsided, the SerVice was re'. slimed. bUBL!N, Auc. 15. His E?.celletiey the LORD LTEUTENANT, • an.i Mr. Secretary Asior, with their suites, left town on Tuesday evening, to make an excursion in the county of Wicklow, and visit the, gold. mines in that county. On Monday the Comniander hi Chief, Sir Wm. MF.Dows, commences his tour through this king dam, to make a general review of all the Troop,,, Forts, and Garrisons. He has made his arrangttnctits with so much judgment, that pie can be immediately apprized of .whatever occurs, and upon the shortest notice repair to any .place where ilia presence way be required. On Monday last, Alderman jAmEs, assisted. by Major Snot,. searched the house of a Printer,. not far from Abbey-street, where they found a great number of seditiouhooks and printed prpers,. such as the Beazities of the Press, rebellious Songs, &c. They also found Remembrencys of Heroes no ,u no more—the Portrait of Lord Enw. FITZGERALD— Plaister of Paris Masques, taken ffoin the visage of the traitor To:4E, after he had cut his throat—Pa negyricks upon O'rr, and a long et cetera of, ini. chievous Libels: The Printer himself they could not find, but they brought away the 13ooks. Papers, and Reliques. On the part of the loyal Chickens cooped up at Kilmainham, it was alledged, that sufficient feeding had not been allowed: on searching tkr nets, .many pounds of butter—many pounds of tea—seve ral loaves of sugar--much bread, and a large quan tity of candles, were found hoarded. Athy Assizes ended' on WednesdAy lair. Two brothers, named Magrath; receivt.a sentence . of death ; the one for robbing tie Mail near:Cilrlow, and the other for uttering a Bank. Note taken our of the Mail. EXTRACT OF A LETTER FROM I:ILCULLEN. " On Monday ',tit 'the 'Fifeshire Fencibles, commanded by Colonel DuanAm, were reviewed by Lieutenant-General DuxoAs: Immediately upon the General's coming on the ground, he paid the Regiment a high compliment on 'their neat and sold dierlike • appearance ; and after .seeing them. go through their usual mancettyres, as also several others suggested by himself which were per. formed with equal precision), the veteran General addressed them in - the following words I have had t he honour to serve His 1 1Y1Ajr.srt fifty years my speeches are never nattering, b;tt always true-- I have served fifty years, and never saw a finer Battalion." • Tuesday a man - seas brought before the LORD• MATox, at - the Mansion,driouse, charged by • • Mr. KENT, a bricklayer, with assaulting him on .Satur. day. Mr. KENT said, the. Prisoner came to his house, and demanded to be •paid for four lours work, which he alledged he- had done ,for Mr; . KENT, who desired. him to go about his business, as he, knew nothing about him. The Prisoner re. plied, that he had been housing CoWee for hie s .and that if he - did not choose t() pay bim, 'he, the Prisoner, would pay Mr. KttzT, " which," said. Mr..KENT, he really was as good as his word, for, on my refusal, he knocked me down, and paid me pretty handsomely !" •T lie Prisoner, in his fence- stated, that he had been warehousing some Coffee, .and he' thought it Was for Mr. KENT, and, accordingly went to him .to receive his.wages.o He-expressed'a sorrow for the oance„ and said, he had a _wile and family. His Lordship told him, that the circumstance he last mentioned ought tp have Dept him sober, and said, he - must be under' the necessity of committing him, unless Mr. ii2NT chose to settle the matter with him, which Mr., KENT consenting to, his Lordship dismissed him, with a suitable admonition as to his future, conduct. On Saturday last a countryman went to the shop of Mr. Brooks, draper in Cambridge, in order to purchase sorne articles, for the payment of which he: tendered a 51. Bank of England Note. M. Brooks perceiving it to he counterfeit, very properly had the man secured, who said he had it from a man in the market, who was. likewise apprehended. I)ur.. ing their examination, the man who offered it had the address to catch the note, which he instsintly swallowed: a strong emetic was given him, but with out effect. The men are detained for further-exa mination. Tuesday, at the Thames Police-Office, a great number of conyiaions took Owe against persons ibc secreting large quantities of sugar, with a yiesv to run them on shore. Five apprentices belonging to one ship secreted above joo weight. No positive at of felony being proved, they were convieced - un, der the Burn:boat Aft,' which their Captain paid for them, and they were discharged with an admo nition. A Portugnese master of a silin was fined 31. for heating tar on board hi. 9 vessel, dangerous to the , safety of other vessels in the Pool. The Law is, very stti# against heating any combuctible matter, or having above certaimquantity, of powler on board between Blackwall and London-brilre. The Primrose, Sutter}, from I..rbice. to London, has been run ford,,ofF, and put into Nlartinico, with iosa. 4iozeniast and b4wsprit, cent et Tell Fr .bat sh , i on boa , ks 'oft' condo . e of 0 0 cons ll our in 0. rd adcl ottle (1 ' cut finge r ' sea th kelp' t`/ 1 a iii, ras CO cailc Nal !nted whic liS• it nsuivoi t., is 11 3111 OM till )n, 21, gent o Ind de: Lool pprO icat" aside nio es // 1 - :railv r e :ant,s" One'r i :as urel 'Noc e ' ,e0k ,14 wn ialt le fir l g Pirelg°Po'f is ` And er' M P AraS 5 , 7 id I ' l ' ,a