The British Press; or, Morning Literary Advertiser.
London, England, 1824-10-04 00:00:00

LISBON MAIL.

wo hsvc rrevivrol from Papers to the loth ult.,
inclusive. We sul join an alystra,:t of duir coot' sus :•—•
LISBON. tkrIPT. 6.

Among the reports lately eirculscied in this capital one, stating;
that id. Majesty lind ken wolicited by the Allied Continental
Powers to pito a Laalitian formed for the porpotic od repro.ing the
reirolutismare %pirit which has manifested itself in the American
catmint, Alta lit rotor( miler in them ; that these pr. p eta!, had
given occasion to a Council of State, and certain resolutions adopted
in it In opposition to those with liken a powerful parts. influenced
widely by c.unmercial views. laboured WI din sober haul to detach
the c.,lo;:irs in America from their ancient political relations with
the Mother Country ; awl. lastly, to crown all iii, it was ailili.l,
that the good understanding between great Britaln and the

Powerswas interrupted.
'nit dechres, that there is ni truth in any part of these
yeroci...._nis sin% proposal hid ht en Mile to the l'ourt of I.~sh,at—
no of State held far any such pu is ,se—nor Lm stirse b: en
any ir.terruption of the good understanding between tient Ihnnin
and the Alacti COIIO.IICOUiI Powers.
lilqEoX, SEPT. fl

The Cdr f n • contain long extrnets from the tlraril paper calk!'
the littr,-da Brezikba ufltatli Itlay and 4:li of .Tune, to por, that
:he Ilrau: lbw lativernment it alarmed at the ;reparation of Portugal
to invade the einuitry and thnt, hero fountliA on rtrolutionary
peinciplet, it finds itself vacillating anti without
The arzetre of the 11th contains extracts from Pernambuco
papers of lit July, with the same view. That of the lath Ores at
full length the prorlantation of the Emperor of Ifisill, des ed Ugh
June, calling un his subjects to arm in defence of their indepen-
dence, anti also the prothamation to the Pernienhucativ.
The following are the concluding passages of the oLserramons of

the Carafe on illese proclaniationSi—
" No power denies the right of his Most Faithful Majesty to the
savenignty of but his 3lajtsity's rights extent nett only
to the ;ecognitlon of his sovereignty ; they canto! also to the aid of
the °teat Powers to recover it, not only by virtue of ancient treaties,
hut also of the community of interests which united them together,
not to omit the ;;ratitudewhieli they all owe him and Ins Portuguese
•übjects, for the services width they rentlertil at no very rennee pc-
! tied, of which. pi•rlisps, they are now suffering the elfects, in the
rely embarzassments in which they now find themselves. Mean.
time, it is lamentable to see how the factions make his loyal High-
ness appeal not only factious but even extremely ri.liculous in the
eyes of the whole Truck'. making him proclaim, without his perceiv-
ing it, the very principles I/ which be may ono day he dethroned,
and lay with his own hands the foundations fur the tuia which must
I inevitably follow."
',renew, SI:PT. In.
A decree of his Mniesty. considering the services pertonned by
Iliajor.lieneral Manuel Pamplona liangcl. tool his cult.
staid adherence to the cause of Itiivahr, gives him the title of Vis-
count of Rearm, to extent: to two Ilia,.
Amalie, decree orders the establishment of a royal lithographic
Fisting press.

ANHANTEE.

I From the nonrOare

f/n Wednesday his Majesty's ship Thetis, dn. (sprain Sir John
Phillimure, returned from Gene Coast Carle, whither she proceeded
in May last, with a detachment of the floral African eerps, and
supplies for that Barrison. She arrived at Pape Coast on the 4th
July, sit a very critical period, when such an nerestion of Clicri
r.n
troops was of the mutest importance, a numerous army id' As lan-
tern, cenminnitest by his sable ;Unice'', in perion, 11:1110 jll9l
clear to the town, with en arna al purpose of making an at.
tack on the Castle. Skirmishes wok place every slay attenuant. be-
tween the Ashanfres and outposts of our allied force, until 11th of
July, when the "%chanters made a general attack on oar position,
abotts thee-quarters of a mile front the shore. The enengement
lasted, without intermission, until dark, and t. rintnated with their
total deist. Their toes is computed at idiom 2.090 men, and the
British anal AlOcs., about 103 killed., and CAI wounded. Their de-
feat was to derisive, that their whole force appeared to be ilisor.
f amiss! ; tiwy let,ke up the following slay from their advanced po.
smells. and commenced a disorderly ratrest to Cooniassie. The
King afilw.:reil to hare been to, confident and determined of success,
that, is his approaches towards our /ninny, 1w laid the whirl* coun-
try waste through which he passed, in order to deter his people
from retreating or deserting from him ; and the coneequence
was, they all became in a state of stazyntion, and were seized of
Ltlattli,as sits. aSCS. which, with thy small-pot, were making the
greatest ravages amongst them. During tune' important opera.
thins to our St.:dements and Commereisl interests in that quarter,
the enemy twing of superior numbvs, and our allied force corn.
posed of various native tribes (some et them little better than
on organi.ed rabble). it became necessary that the few ships lying
at Cape Coast, namely, the Thetis, Swings', and ‘Vstoslbridge
oterehent.ship, should remit? the most effective eo-opsYatirn,
and rich all itantani4r Crlllit9. Accordingly. Sir ./ohn
tinier, anchored the Thetis so the ICistwartt, and the Swinger
gun.brig, to the Eastward, within grape rang:• of the beach, was
to command the npproaches on each side sir the Castle ; and be'
Landed Lieutenant Brew (Firer Lieutenant of the Thetis). Lieute-
nants Tucker, H.V. and Alenninter, R.M., Messrs. llowrell,
Wall, O'Brien, Campbell, lottledale, and French. MiJutip.
men, Mr. Stewart, Asidstant.Surgeon, several oilier officers, and
about 130 seamen and marines, us defend the Castle, whilst the
troops entreliel snit to meet the enemy. Tie gunner and carpenter,
with weir crews, were landed. 91 lay a l/latfiallllM Tower,
on which guns were aftermards mounted., and this important port.
tiers was entrusted sit Mr. Rowsell, Master's Mate. having under
buts Ala leitleilsle, and eight semen. The boats of the
Thetis, Swinger, and Woodbridge, were also armed, with each a
brass dellidece, and put under the 6r: ramrod of Lieutenants t'oies-
worth, Teed, and Sinithere, R.N. arid sent to act along the beach.
se with the Castle. to circumstance. may require. The Mate and
ftrin men of the Woodbridge also volunteered to serve in the ('ar.
de. These several harassing and fatiguing *entices called furth
thener:ions of every individual engaic.d in them, and they Wire
reff.llalial with that seal arid POIX,J judgment, discretion and re.
g rd to good discipline, which rook" all our naval co.operat ions so
etfective.and winch so properly. on such ocrowns, bromic the theme
of e.nnmenslation of all who whams thesis. The whole of these Mho re
and wen were re.embarkeit on blunt their respectiveships on the 1.-411
aithout ene,instan ce of : but shortly afterwards about NM of the
crew of the Thetis were attacked with the peculiar diseases of the
country. and to Mr. bitiledale Its tine yeung man), midshipman, arid
two seamen, they proved fatal. Lietitenant.Colonel Sat:art:aid,
who comma:Qat the forces in she batik. wine home in the Thetis,
having been succeeded by Lieutenant-Colonel Shoas who arrived
at Cape Caust in she Finsbury transport, from England, oa the
July. The Finsbury also took out a quantity of ammuni.
tion,Congreve rockets, he. the want of which. previously to the
arrival of the Thetis, hail prevented our troops from resisting the
snotty its tiseir approaches toward the colony. The Thetis, on the
passage from Sierra Leone to ('ape COIII4, en the 2itti of June,
ooardect a French whoever which was waiting for slaves; nod .1:1
the 39th she chased. and got nearly within gun-shot of a Spanish
',chiseler laden a ith slaves, when she winds falling very light,
Lieutenant 'hew was despatched at' cr her with the beats. bat a
/peewee *pranging up, she escaped in the dark. The Thetis left
Cape Oust for England. on the TM July ; landed Captain Camp.
bell, so take the command at Acre, snitched at Princes I,htn.l ter
w cur, and at St. Michael's, on the 12th Septernlizr, for a supply
of bread, her stork of that necessary snide tieing nearly exhuusteu,
although the crew had been cis weeks sin short allowance of it.
Cammodore Bulks strived at ('ape from Aces, on the 19:h
• July. The Thetis brought despatches hum him. The Thetis is
to coux into harbour nib( doeked.

The following is said to he the present state of the four
principal public schools:—At Eton there are abuts' 5.14)
hots; at the Charterhouse 1'.',0; at ll'inehester ; and
at Weatininatet 250.
'nil y Teak much at Naplsa of a female improvisatriee.
Signora 7ad4ki, who wishes to contend with Signors Spied
and Pistrurci. for the palm in ;mprovising. It is sail she
intends immediately t,„i visit l'aris.—.l%-!..‘ of 1.,:.-r..1.4re.

THE BRITISH PRESS.

LONDON TITHES.

TO THE EDITOR OF THE BRITISH PPESF.

S 11,—in the letter which I lately addressed to you ott the sub.
ject of thelini Tithes, !endeavoured to thew the prenelicial
tnt-
dercy which die continual agitation of that gunfire was COICIII•ted
Ito baste upon the best intermits of oat venerable Church Establish.
mein ; and I urged the policy of a speedy terminatton berg put to
discussion which so Demuth" invnieed the security and wells
being of that iniporrant branch of our excellent Constitution. Its
&nog this I purposely abatainci from venturing an opinion on the
Ikgel merits et the queigitith contenting myself, at the time, hi
pnintiug out what ! comildczed to be an obi( ct of prim concern.
mem to all who really desired rats suit unaohnity to prevail
among the inen.bera of our national religion. It did appear to
me that this was a point of view in which the subject had rot been
sufficiently contemplate/1. Indeed, the principal cause which in.
duced me to apply myself to the matter at all, was the taukt of
,bssenting friend, Main:at:tiff that the very system by which our
Religiuu twined. wae.fraught with a mien litigious spirit. But
having sufficiently enlarged on this bead in my Milner letter. I
shall now proceed, in pursuance of the intimation there given, to
make a few observations on the right claimed by the owners of the
Tithes of thine parishes which at the time of the it, of London, in
Ifinff (whether destroyed by the fire or net), were either appropriate
or imptoptiate Rectories; and bcirg each, were not, as 'shall show
by.and., within the operation of the Shit. of 22. and =Chas.
This t is claimed, as uty fellow.citieens are all tolerably well
awnre, y virtue of an Act passed in the 37th of Retry VIII.;
and of a Decree thereto annexes!, which Act and 11eerer, it is ma
tended, entitle the clabstants to a rate of Zi. Yd. in the 11. on the
!tack Rental of every inhabitant of their respective parishes, unless
it pin be diem' that they are legally exempted from the operationuf
this Statute. i wish, -however, to premise, that In making these
obserratiore, my only object is to moiler a subject, which at pre.
sent is, I believe, somewhat imperfectly understood, more familiar
anti intelligible to thee of thy fellior.eirtzens, whine intension, like
my own, WS materially inv.:Lid in the ~sue of the question, but
whine avocations, or habits of ttoraght, hare prevented them fnmi
acquiring 'het degree of knowledge of it, which it is essential they
should posers, in under to determine them as to thine steps which
they may hereafter think proper to adopt, in reference to the claim
thus made upaa them. I am not unaware of the horning and
talent that have been from dor to time displayed in the
discussion of the right of the lay and Cletical Rectors,
sounded on the statute and decre: above alluited to, and although
I Will Sc hold so say, that in no single instance (nnte'l, perhaps, in
tic case of Hallam v. Adams and 'another, of whit I shout pre.
scaly have occasion to speak more at large, may be deemed wen,
Iltas the question been (shit argued, yet it would be contrary to my
purpose, and tit. Wore highly presumptuims, were I tot; reload to
t ny thing more than that of explateing to my fellow citizens the real
position in which we stand, Ltd of ouggeeting, at the toast. an ar.
runt :.t or two as to the tenability of that position. In saying that
the ugh: of the Rector anti Impropriator has not been hhis ly argues!,
mean only that it has not been argued in any Lauri upon the
tact of the validity of the decree. It will he seen presently that its
eter; instance, the parties litigating this right, here mistaken their
theenctseand have invariably admit:el that grand and only point
on eltich a renioaece to the parson's demand could in nine cases
our of ten be sitstaitied. lint I shall have occadita to allude to this
fact wore par ieillorly by and be, and shall therefore row address
ineself for the swei q teethe before. us. IVltie is it, then, that we
are rename:rye against I A claim made by the l. o, Improprlatur
f 2s. :el. in the pound oft the rack rental of each inhalhatit, in
hot of thltee. and which chins he justifies by virtue of a decree
made in hie :17th year of the reign of Henry the Eight, and which
decree was by statute passed iu the same year, declared to be bind.
ing upon the then inhabitantsof the parish, and their seta-nor', for
et .r, and shoe sucernois we art. In reference to the claims of all
rights which are not natural rights. but the mere arbitrary even.
thins of the topreme power of the State, two qwetions unifumtly
arise, Ilas the right been created according to the pre-
scrihed mode which alone can alive tote its validity; and second,
Is the right thee treated a wise and beneficial right, in reference to
the int.xests IV others, or does It operate in denigation of the gene-
ral good. These questions, it will be seen, are very distinct in
their nature; the former applying solely to the legality of the
right, while the latter refers only to ha policy. it t., therefore,
obvious, I think, that the tegument% which beat upon the one do
nut necessarily affect the other. Now, to apply these re.
marks. Mr. leynasion. foe Instance, sets up a e1i,7111, not a natural
right certainly, nor partaking in the remotest degree of that jure
dirbio, from 'which the clergy in early times acne wont to derive
their tinting, but a right founded on an Act of l'arliantent, and
therefore failing st Hier th •
.1: 'Hof the two questions above mentioned.
It is said. aid I mint cordially agree an the assertion, that
right, ev ti admitting it to be legal, Is a most impolitic and unjust
one. Nit far he it from me, era a logician tied n candid man, to
impute this heur hem 31r.K . or many, thee that power Which ere it.
ed it. Let us, my fellow citizens, divest euraelves of all usperity to-
weeds the not; let us shew that we know how to argue justly, against
1113 unjust right, and direct our arguments 'to the leant where alone
they can in rea-on apply. By this coarse we shall nut only disencum-
ber ourselves of a mass of extraneous matter, bat shall relieve our
cause from that suspicion which is very naturally cached towards
it. by our having recourse to rush an untenable mode of defence as
hero ad invective and unjust vituperation. Do not be disturbed at
my talking thus ; be assured that this fair and manly conduct to
• our adversary will nut injute nor cause. Besides, du any of
you for a ntomert suppose that when the question centre to be
based, es it 'tetra .Uy mus', before a Jury, the curtlurt of Mr.
Kynaseon will be allowed to avail its ? Suppose Ills claim were to.
ray 104. in the ho and on the rental, would this alter the rehire of
the right ? It solid, it it true, aggeavate the enormity of the
claim, but the rig'tt would be matter of dispute at last ; and that
• -coy re.ard to its hecuelary benefit to the person enforcing
it. There is another 'ointment adverted to by meroe persons who
undertake to adv. cute our cause, but which, at I conchae it to be
as unsubstan Lei as the one I have been minuting, I shall en.
derantr to remove front pint minds. I mean the forbearance en
the part of Mr. K. to enforce his claim fie/ nee:. The Pict thus as-
eutn. Al is itself false; for so early as the year 1741 did the ancestor
of Mr. K. recover the rate of 2s. fed. in the pound from Joeeph
Wattnn and othnee inhabitants of the parish of St. Botolph. But
even admitting this to be the Jest time that the claim has been
male, hew can this avail us ? had :my one the indeed been In the
receipt and enjoyment of the tithe during the long tepee of time in
which the hypothetical tight has existed, then the cinistarce of
Mr. K. es:,:e plater% the claim would be against him, inasmuch as
the law would say—another person having enjoyed this right miner.
entrecily for so long a time. we must presume that your ancestors
male a proper grant of it to that person or his antestene although
such grant is not now to le . Mond. list in our cue, a tewhearance
of making a denouid. does not moan' to an adverse possession. It
'a, as to this Iselin, a dormant right, which, so long as it Is not en-
joyed adversely, deseend" to the heir, and may be set up by him at
any tithe, however distant.
Haying, thus disposed of the arguments which mitered to the to
he unwound, and therefore useless to our cause, I shall now advert
to the opinion which is nue:mined by some, that by the operation
of the thtatute of the 22d and na of Chutes 11. e. 15, all the
parishes wl ich were ticetroycil by the dreadful tire of In*, ate ex-
empted from tithe, and charged only with the sums mentioned
in that Act. This is obviously an crow, fur by the Vitt 'section of
the Statute flsehf,it is ensettd,that while any improuriations be, all,
and every h .impropreitor of impolitic-tors she?! pay and allow what
really and btltafi•ic they have t..cd,ar.il ought in pay, an.l satisfy to
the respective Incumbent of such reepective panels. at ary tutu before
the reel late fire ; and the seine shrill be esteemed and 014111,11te1l
as part of the maintenance of such incutnbent.' Now, it is clear
that the impropriator's tithes were not taken sway by this statute,
nor any other substituted liar thent ; foe it is not to him that the
rum fixed by the Act it to be paid, but to the clerical incuitittent,
ur officiatieg minister;—besides, where weuld be the Meth* of
requiring the impropriator to pay, as theretofore he bad paid, to
the incumhent, if lie woe net to continue to n tette his areustemed
tithes? But there are two or three eases tieteenv of this yethe in
the bookie where the lay imp ropriatom act parishes burnt down
have recovered the rate of ffh 9d. in the pound, notwithstanding
this statute t and in Ward and others, v. Helder. in 1093. it was
expressly decided that the statute of Ch.ohn. dad .m I extend to lay
isnfropriettts, but to the preachirg minister ally. I mention
this feet, because I observe that the opinior. is very preeskut, that
the lay itnpropriste 'tenth's which did not seller by the fire, stand
at this clay in a Stage predicament, on that very account, than
thine which ennuibutod so feed the 'nighty cootlegno toe.
But it Is time I should sp:ak of the reel defence to be made
antinst the claim sought to be established by the 37th of Henry
VIII. ; ani In doing this, it becomes inveasary to reeert agein to
the Act itself. Before, however, we consider the effect of this
statute, we will, fur the sake of making the setbject intelligible,
say a few words on the inture of the pro via made for the
Clergy of the City of London, previous to slut said Act being
I passed. Tithes of houses lITTe not payable by the common law ;
but there was • port'on of land ceinexed •.11 the panionage, tatted
the glebe, beeitles the oblations. and other casual Suttee which
arose urn marriages., &c. appropriated to the clergy; and by the'
records of 'cordon, it appears that the olihrings rot houses in bor.
don were paid in this manner Teat lie who paid twenty'
shillings for his house, shotild oftit every Sunday, and every I
Apostle's day. whereof the evening as, tasted, an halfpenny;
and he that raid ten shillings rent yearly, should pay a ferthing—
ehich amounted to' s. ed. in the pound in the year; there king.
!Tattles the fitie.two Sundays. eight Apostle • days, the si2ile
whereof were footed, and no Duet." This continued till the 13 h
year of Richard 11. ; after which additions were made to the num.
lour of SAM'S days, uhd thus inert-wing the yearly sum ro is 33.
in the pound. I/reputes arising us to ibis payment, there was a sub.
mission to the Loot Chaneeller and others, who made an order fur
paver ent of tithes according to the rate tees it is said) of 20. 9,1, in the
pound, which order was first pronaelehnnl by prociamatien, an I
afterwards established by Act of rare oneat 27 Henry VIII.
c. 21. But farther disputes arising henteen the petple end the
thiy respecting these peyiernto. ten years aherwards that
celebrated At t of Henry the N Mite. so often mei:tinned, woe
passed. which coated, that the pones had *vent to abide by the
decree of c.stax persons named in the Act, Oxieg the sums to b:
paid; and then went on to say that surh miler as should be .I:ef.:ttl
by those prisons before the tint of March, then reef, if and con.
coming the Tithes of the City of London nail its I.ithatirs, and
repents! is etc Cemet of Cottzttetty if ilenstd. 'hauld
stands remain, and be as ea Act of Perli.uneet, said 'would hind a.
well the citizens as the paroles. and then smeenews according to
nessie wt.! eirogel. This, then
the ethect oat the hod Jeerer, solo 1c
is the great subject fur our nitioderation, and now let us look at die
things required to be does by thnhAct.
First. a decree is to be nude. nsing the sent to be paid by the iss-
haliitants in lies of tithe'.
heeendly, this decree as to be MAIO Win: 11C IS: eY March, thee
nest, which weaki be in the year hies-ti.

Anil Thirdly, th..l decree' WAI not only to be made, but olio to
!_entulieil, before that time In the Conn of Changer .
. .

That the thrice was made is admitted( and that it was.iomade
before the la; ul :geni is slaw admitted, taw i: appears by the copy
in the mei...trail of the Bishop of London to bear date the 21-di
February, 150.5-4. The only remaining requisite then to this
deeere twemnine in Act of Parliament. was its enrolment in the
nigh I Itattrt of lAiencrry. Ilut no such enrolment can be fauna ;
every asarela. Inn been mute to arturnion whether it was eves en-
rolled ; but toe result bits been, that to evidence of the fact cal be
traced ; sin die contrary, there are steely strong reations lot believing
that it never 735 enrollaiL It weuld be exceeding the limits of Os
letter to enumerate the various cogent ground' for 'emoting that
this decree sits sever a valid and operative instrument, owing to
this woe/ fatal omission in complying with the third requisite pre-
scribed by the Act ler making it a law. The inhabitants of St.
Ilutolph, being well hilienned of these grounds, anti being firmly
pereuaded of, their hirce, whenever they algal' be adduced in a (:uurt
of l.aw its evidenc.: of the nuienrolutost of the decree, should it de.
volveon them, as defendants, to give evidence in support of a He.
leafier, elich. by the by, would tot, 1 lwlieve, he e'en!): the
C 71,1..; the inhabitants M i ig, l nay, thus impressed with the strong-
holds of their defence, have dratted the richt of the Lay Impro-
yr:atue to the tithes which he claims by virtue of this statute, and
refuse to pay him his deniami. Now comes the reply of the Int-
propriater.--Surely, says lie, at this time of day you tin not
mean to contend that this Act and decree are reid, and of
no Oen. after decisions upon decisions have been lie near
three centuries past unihomly made in its farour by Jetty:es, laird
Chancellors, and even the !louse of Lords, on repe..ted_ appeals le
that noble body 7 We simpfy rt join—yes, indeed we do, and
for this one reason, that no dens:on of iiJ mtge. Of a ler-d Chancel-
lor, or the !louse of lords itself, can make that an /Vet of Par-
liament which was nut an Act itt Parkinson, and es to the lapse of
time, we can only account for that by the circumstance of our being
a little wiser than our sites, for hail they pours/Kid nil the know-
ledge that we do on the subject, they would must 'literally have
long since set this matter at rent. But, by pante strange perversity
of the human mind, it seems that the fact of etirolsociat or non-en-
rolnaint never, for one man tent, occurred to them ; and they there-
fore, to all the tuitions and lens that were brought against them for
the rate of ha Yd. in the pound. which this incemplete decree pur-
potted to give to the Rectors and Impeopriators, to all these ac_
tunas they inenriehly and uniformly °Jollied the validity of the
4terree, and instead of pleading against it altogether, they sought
to delimit themselves by some one of the clauses contained In it,
particuLirly that part of it which stated that " where a less sum
than 2s. fitl. in the pound hail been atemstottini to be paid for
tithel, that then in such places the citizens should pay but only af-
ter etich rate as had been scruatotnell" And thus we find almost
all the Cale• that are rep orteti to be full of argument as to the old.
necustomcd payment, for tithes made by the different occupiers pre-
VillUS to the statute. Out of the twenty-throe cases repo t mean. of
which the claim of Ys. lhl. in the pound was made, 1111 less titan
twelve were defentletl in this way' ; but iit tits majority of them the
defendants failed to prove their custinnary termini*, and they
were accordiugly decreed to pay the rate mentiobed the malice ;
anti very properly so too ; for having by their pleas admitted, in
effect, the right of the claimant under the statute. providesl they
should fail to establish the cust ))))) nry payments attniipteel to be set
up by them, it oat toile just that they should be bound by that
law which they had thus assented to ; at Itnat they hail no reason
to Complain of the decision. But these admissions by thew canitot
afliiet us ; they trade a had defence and failed ; we, latteever, are
in possession of a better dere:ice. rind shall, I oust, vecoed iu
destroying this exorbitant tax upon our property. There is SAW
case which I mentioned is the tinnier part of this letter, that or
Hallam v. Adams and !Awards, in which it in said the very vitiation
of enrolment was raised, and sent toa jary, who, after hearing evltience,
decided that the eteerve had heen enrolled. This is a triumphant
case for that impropriator ; here he makes his stand, and the col-
faience with which this verdict Matinee menus to have olsecured
the fact front his perception, that we are totally unistionned as to
the nature ofthe evidence adduced on that oration, or in what rein-
tire situation the parties thenteelves stood towards each other a for
aught we know, Sheri" might have been collusion in the whole affair;
at all events, the imprepnator forgetsthat theverelict ofuneJurytives
not in any manner :elect the interest( of persons who are strangers
to the suit in which that verdict is given.
The whole question then resolves itself into this :—('an the im-
proprietor show that the decree was enrolled ?-11 nt, will the
tact of its haring been assumed litr a period of near three hundred
years to have been so, and during all that time acted upon ns a law.
(fur the cases collected he .31r. 11 extern on this subject eleatly show
that the Act has been recognized byalieCoiate fruit the year 1592,
to the present day,) will thus fact furnish ground for a Jury t t I ifer
its enrolment, or can it in any other way have the effect ofelothiny
a decree with all the solemnity of an Act of Parliament tune,
to the 2d of March 1515. th was net an Act of l'arliament, nor, in-
deed,
binding no the parties in any shape ? After all, should this '
he detennined in the affirmative, which, however, is a thing Ic in
scarcely allow myself to maypole, even by way of argument, it I
then behoves us to look at the second question. which I speke of in I
a former part 4if my letter as applicable to all rights that have their
origin in positive law, as etintradistinguithid limn the immutable
paws of nature. This, indeed, is a piestion of very serious int-
penance, and involves coneideratieas of the gravest kind, it being,
in truth, a subject for legislation itself ; but, as I believe it Is not
at present necessary to inter upon the diarawdon of it, inasmirli
as 1115? is. 1 trust, but n very remote possibility of the mattes ar.
tiVin; to this extremity, I shall reserve my remarks fur a future
ocraston, anti conclude these obscreations with the hope, tl:at tf
they have not contributed to elucidate the subject so clearly its
may be desired, that they have at least divested it of those ex-
traneous topics with which it seems to have been hitherto mixed
up, and have Pat it anon a more liberal and candid foisting, so that
a fife and honest judgment might be formed as to the probabilny
of our ultimate nieces', in destroying a right which has bsti, sue-
freed to exist for so many ye:xi, to the prejudice of the best
interests of the citizens of London, and of the Churchltself.
Yours. A ill bi.EN.

• These eases. with others. hare been collected intoant Volume
IT T. O. Western. lisq. and a s rend edition of them has lately
been published by llet.ry 'tatters. u. th.

GLASGOW ASSIZES, SELTF M ur It (29.

[Before Lards 11c%as AND and SUCCOTH 1

1111 f IMO'S ADVOCaIt V. WILLIAM nraaa Ash) °Turns.
Barges, !bulky, and .11f•KieJp, were charges% with haying, as
the evening of the 234 April last, murdered Alexander Ill'lsrlane,
on the public road, leading from Dumbarton to Renton. near Iral-
ntoili Toll-house. by ii.dieting blows on his bead with stores,
whereof he died, or otherwise with haying assaulted him. to the inn
minent danger of his life. Al•Kinly having absconded was out.
lawed, and !loth and Hartley pleaded Not Guilty.
II Detinas, the Adrocate•Depute, called the following wit-
nesses fiw the prosecution.
J. 3Dintyre knew the deceased Alexander 31•Pirlune and his
brother Robert. Met them on the evening of the ^l'ld April, the
King's birthday, at I/alreoch toll-house. Left the tollhouse be-
tween nine anti ten o'clock, in company with deceased, whose
brother Robert rellowed a few yards behind. Deceased was quite
sober, but hie brother was intoxicated. They went towards Ren-
ton. Robert get into a scuttle with three or four men, of whom the
t777were two, who onwtoek him nn the road. Div:swat ran
7,i, brother's assistance. Deceased told the men be sashed
to hare nothing to do with them, to which they replied. that they
had something to do with him. (hi some others reining up, de.
et teed went bark to the toll-house. and witness followed shortly
after, and told deceased that his Inother Robert would be killed it
he did not mine back. Deceased accantlingly went back, and took a
stick with him, anti. en corning up to the prisoners and the others
who were attacking his brother, he itsucl t at one of them, but his stick
hew out of his hand; they then attacked decessed.c:iii on his tanning
off chased him. Witness identified the prisoners as two of the
men. In the course of the scone heard the names Hanley, Col-
lins. aril MtKinly, called out among them. Irid rim see them over-
take deceased, but beard him crying out " murder !" Witness took
Robert back to the toil-house. and shout ten minutes after ileceaald
returned. lie complained of great pain in his head, which was
bleeding nitwit.
Cross.exarnined by Me. Coentivfltw.—llad some spirits in com-
pany with deemseil after the fray, but deceased teak ro..e. A
bnather of deceased is married to witness's sister.
John :ll'lntyre was near 'Wreath Toll-house cm the evening
of gild April. liain7 along the mad towards Renton saw Robert
31•Farlane lying on the road. Went with him to toll. Dud not sec
deceased till some minutes afterwards, when he came into the toil.
house, much cut about the head. Witness bound up his wounds.
Deceased told witness the blows had been given with a stone. but
that he did not know the names of the persons who had struek him.
Ile died about a week after.
Cross-examined by Mr. Coetsitzw.—To the last of his life
deemed blamed bib brother Robert as the aggress/it in the quarrel.
'leant deceased say, that lie regretted that fie had not remnant's:
that hisonnanry cavalry swonl was at the toll.hnitw„ as be would
have defeynded himself with it. Is sure t• defended" was the wont
tie used.
lid Crosbie saw Robert Ill'Farlane lying on thermal, and people
beating him ; two wet.. striking him. another wishing him to vise
and tight, and the fourth endeavouring to keep the hack. 1/..-
etatied came up with a stick, like a stab, in his hand, and challenged
any of the men to fight them, and the filar on this stood out optv,
stir to hint on the mad. (lac of them n 13,1.1 a .111%, la at deceased,
who made a blow a: him. but can't say sin:thee he struck him or
not. The first one started back, and niecend rushed in towards
the deceased, who stepped back, and therm,' tell on his face ; a
third then rushed forward. and deeessid stock at him, lint his stick
either broke, or dew oat of his hand, mid he rn oil'. The four men
then ran aft., deceased, witness followed. Their had ran stint 100
yards, when he came op to them ; deceased win lying on the side of
the road. Two of the nun were kicking hint ; the other two w rr
coining down from the upper part of the road, with stones an their
hands. Th. Mew threw a stone in the direction of abet: deceased
Was lying ; did net gee if it creek as lie elf in a iloch, but
hcaril hint immediately cry, " Och, twit, hone !” and on the hind.
most throwing his stole. he Mien! deceased ery out, - Murder, mar.
der!" %Vitners took a stone from a ow., nut as 3 number of
people had assembled, he does rot know whether the man was for
or against de:eased. After this the turn dispersal. Witness did
not know the men. Can't be positive that tie. prisoners were two
of them. While attacLing Itobert .11`Farlane. heard then calling
among themselvos to oat of them. Hawley or !hike. Heard them
culling to Hartley to cease striking Robert. but he answered he
would riot. as hs 01•Farlane) haul struck hint. The persons who
attacked deentsail were the sante as :buss who am: engaged In tat
_,,,tiCti! with Rohert. -

J Q:10 !!char—Wllile in alt. stnrk-rirl e. rxl :dr. • on

' vie evening of the T.M April, heard cues 'Long the road to Renton,
went forward in the direction 0:" the cries, along with* buy, M•fi ins
i.v, and sane others ; niet deceased ruitang towaids the tolls
'mow. Mmessed said that 1:e had I, art into 3 ?tent& through his
tougher Hobert. Witness returned to the toll house with Use de.
ceased, and in a little time a buy came down and wild deceased that
Ito brother Robert was almost kilird, and ealli.tg un him to
back to him. illeceasesl did so, and witnem followed. De:ceased hal
no stick in his hand when be kft the tnlk-isuase. Whew as .i,J not
cote up with him till when he was lying on the road-side its a
ditch ; Minks there were lire persona &bind him ; souse es. then
were jumping hulas:ly. Deceased was crying " Mercy, Mercy
li'intent collared two of the men who were attacking deceased.
The prisoner llartley was owe of the two. They struck at witness,
swearing they would give him as much as they had giro M`Fars
lane, the deceased, slid cried out to Let stones for bins. AI Int he
rats ufrand While cosicealtal heard the men say they
had not deceased enough, and would go hack to film. Vi'St.
ness rounsed to the place next day ; saw stones lying about all
bloody.

Thi;Ma: M`Kinlay—()n going towards the fray, met deceased
walking towards the toll. Witness went Howard and saw Robert
/ll•Farlone tying on the road, and snug people striking him. The
prisoner Hartley W 3% 40: ofilieen. Robert was drunk, deceased
quite }7O,X3'. Ml* Robert Utast up and taken towards the tog.
I:nuse. %Vent t. little way with him and then toenail bock. Ssw
dectatschl getting up iron] off the ro.:1„ and running awl" towaitto
Itenton. A bunt 1111 f a dOtel people rot after him. i 4 Oros, ire!.
lowed hut did trot yo deCeo4l.l lying at the at" "'the
road. 'flue peeplc who had chased hint were heating iii . 1l rd
groans and cries of " hlcuey from deceased. Saw him afterweds
at the toll-houw ; his head was bleeding, and lie said he had had
a terrible beating. Ile died a fro (lays alterwanls. Witness Met
holey and :(I•Kirdy, a Jay or Mosher. Bartley said that Mb.
ler had knot look out, be IsP would give him as touch as deceased
had gut. -at
Rabat Al•liaren was present at.the time of the gruffle with Re-
turn 51Parlaise. Saw rtie prisoner liutns there, hut he was clay
looking on. Witness total Burns to keep the other nue.' limn stink-
ing Robert 3l*,l'arlone, 'boom lying tin the ground, awl lo sled
in. Saw Rube:t lifted tip, and about the same time deceased dune
up with a large stick in his hand and knocked down one ed the Wen.
thou 1011h-111 ran in and threw deceased down ; the %Lick fell out of
his hand ; he got up 3141T•11 off; can't say who followed NM, as
witness was assisting Hobert. Witness afterwards went In scorn
of deceased and nut him walking, his head bleeding very lunch.
licardeleeireetl say his wounds hail been indicted by stones.
Crtrowlantineri-lleard duceased sae that it was his brother
Robert who had kid ..•I tin all this lonlit;le.. and that lie (Robe; t)
had meddled with the Inds before they meddled with him, sad
ceased said that if lie had hail a stick in his hand he weald haws
done fur them. -
Ronald Crawford, a King's evidenee—Was in P. ensbarton on the
King's birth-n'glit. :llet with Burns, Bartley, 111•Kody,
lin/, and llonrke. Tiwy left Dumbarton to go to Renton. Ruts:,
Ilartley, AUK irdy, and Collins, went first, and witness and Smirk:
lidlowed a little way behind. The first that witniss saw of the
scuttle w two men lying en the road ; one of them was Colin s,
the other he did not know. Another man 'the, PAK ftrward with
a stick, knot-kid down Collins, who lied by this time got up, and
ran oil towards Itenton, without being attacked could not see it
anYtmalY bullowed him, it was so dirk. snot.
Bourke cent 111.4110 t 9 Renton, and th.r others went bade to Dom.
!ninon. :nor nothing on the road on his way to Renton--^c
It'itnissi held a hat iflring the scuttle y ilbt not know to whnn.
belonged ; he lifted it tents, the road. (This winters's ricpusuiem
was recorded, and signed by him, and he was taiga ban custody 1
James Collins. also a Killel tVi1101::, gave nearly tIM. 1411\C ft..
timony as the preceding winless. lie .nut Crawford had heill us
prison since the atfray, and e ere conAned nn th: sante cell with Vat
Kisumu:is.
Julio Cullen, surgeon—Deceased came to witness's on the even-
ing of the 1/:ld of Apt il, and said his bead had been wounded by
blows front stones. lie atusupted to weamiele the wietuul,
but was prevented by ileecas.d. li'iniess afterwards attende.t
the deceased, who on the tritli became inlrenSihle end paralysed.
IVitness, and, 3lr. Etler, another surgeon, imposed to enlarge the
wound and examine the skull, but were rev.- ate by the relations
the deceased. lb-cc:wed died on the morning of the 2"ttli. Du(
they ken allowed to enlarge the wwintl, and use the trepan, it
might have given iltecased a chance ot. Irk, bCt duet not shit& it
would have saved

Mr. El.ler, another turgzon, cone-ulna in Mr. Cullen%
Went.

I' he kilos ing report. signed I y three sargenna who had dissected
the body of the decease.% was then ;nit in in ea menu.' :
" In virtue of a 'imam from the Sherd]. Sub.:Mute of 1).10...
hattonshire, we, upon the ?nth of day of April. Ile2t. procee.texl t i
Millburn, in the parish of Bimini% and there ea 3111 i e , the bode at
Al. armlet 31`Farlane, reported to line Mint at two ...-elosk of t.,:r
morning. ,
„flie external appearances of in,iiiry observable were. a surer.
final cut, one ii..-11 in length en the 'outer side of the next eye.
brow—eye-tit and tipper part of this cheek swelled, and of a d.-iti
purple colour; partial discolotation of the miter aisle of the Ott
eye-lid and dice!: ; a ilisc.Aoured mark of a circular Von, e•:.i
about an inch in diameter, situated over the ;mainline and ihretiote
portion of the feontal bun ; a 'ateeraicil wesiont,ien.e..m.g, yr.&
littlate4 tart the for Ind posterior eagle ot the left parietal.
bone, nearly two indica in length; and ptsceeiling postelbsily autli
laterally from its centre, was another sound of a similar
character, about an inch and a guar.." in length ; the edges
of tie wounds were tagged and Coody, and the surnmadvir
integumilits were tame Lid and discoloured. These wounds tar g
enlarged, and the alcull laid bare, the lame was found vi be fro.
ture,l and depressed. coiresponeling to the upper part of the prin.
cilia' wound; the injun d portion of bone was about an iii,:ti ie
diameter, anel depresnal to the depths of terrheigistlis of an tr.zi,_
The lank of the ri:tlit hand was much swelled and discolouvesi.
The head being opemal, and upper part of crusium rettoceit, iro..
mediate', under depressed piece sit bone noticed above. 0 rent of
estrum:ea:eel We al was obsetvral in the dim meter, of sot 0241
shape, two Inches In length, and an hills aril a quarter In breadth.
Front a small hole near the centre of this efluxedllood, and seft'et
had been nosed by a spirals of bone penetrating the dues mate..
a granite, sff thickish purulent matter gushed out. Many tuber
smaller %vita of extravasated blood were wren 'tattoo.' miler t! 'e
i'ura mater. (In raising this membrane, the upper surface of the lea
hetnisWiereot the brain was found to he coated whit a thin be:2of pis.
rulent natter; correeponding eo the cower," track 0... c, we
tiont..l hone, about a teanipoonfill of pits was colferred on the
surface of the brain, and water the injorol portion ot the bone a
ie neellt.Wl in the brain was noticed, which might have contaimai
In of two to three spoonfuls of penitent matter, but the enact
quantity mild not be eseartaired, as the greater part ot it had
escaped through the hole In the deem r:,1:, r. The anintance of t!'e
brain at this part was much diseased, of a salt puitaceous certain.
mote. and dark coloured. The %%sods of the upper suif.i.-es ot
both hemispheres of the brain were ebarfetuled whin blood, nod co-
agulated lymph had been deposited between the convolutions.
The internal appearance of the brain was natural. A small quasi.
tity of colourless tluid was found in the lateral rintriJes. 11;e1
twist the septa-inns and the inferior mid posterior lobe of the left
hemisphere of the brain three or tour ten spoonfuls of coages!ated
1401i.1 was found lying. The iciel,e/firia wan natural. From these
appearances, it is our opinion that A amender AlTarlare's drata
was mareed by tie wound on the posterior and lett side of the head.
and which appeales to have been irflietcd by a blunt instrument."
This c10...11 the evidenee for the Crown.
The only witness called fur the prisoners was Jacob Divot% rsq.
proprietor of the glass-works at flumlanton, wit., stated, that the
prisoner Bartley had been is his employment sieve he was a 9.:.”( ,
that he considered him a well.diapostal exemplary young nue,:.
that he never had occasion to find Gault with him, and ale ays bad
the highest opinion et bin..
Mr. ltemmts. in addressing the Jury on the part of the Crow".
stated, that be was wititlia the murder was riot made out, 5,41
tiar
therctlire passed front el.at c . e; but contended that there was
null:cleat proof to censiet Marti of culpable hornicate. As ..o
Burrs, he only asked a verdict of .'ot Proven.
' Mr. C.ice or au add:Lewd the Jury on hi half of the prisoners;
and the evidence was summed up by Lord St. Vie Tn.
The Jory returned an unan ais verdict. Muting the Luc' ::,:t
' platen. All to Burrs:mei Hartey." Guilty of cub agile hon.,. ide.'•
but strongly recornolcvtied hint to the lenity of the ('mitt. on a:.
count or his previous good character. Ile was sci.ic:iced to 1117. f
months' imprisolaner t.

Rrrsit.—Yestcrily (Friday) his M tjesty's yacht the
Ilesald, Captain Henry J. Lecke, returned from St. rt-
teraburgh, what*, she took Edward Michael Want. B i.
ro ternivre Ambassador to the Court of Rnssia, during the
absence of the Right lion. Charles Bigot, wLo retiatied to
England in the Herald, after a pa4nre of sever.teen days.
Those is little news to he collected by an arri-al (ion the
po itically sterile shores of the Emperor of Russia's Lk-
minions. whose dctpotic unhappy policy, net only prohi.
hits the circulation of political publicatians and news.
papaw, but snakes it danzcsons to touch en such a topic in
private rinversations. It was understood, when the dlerald
valeal, that all dare:lnv-3 between Russia and the Forte
had nt length barn completely adjusted, and that the Fin.
peter Alexander hail personally written to the King of Fig.
land. tliveking him for his friendly intervention. 'Fite En,-
p roe had quitt,id St. Poterthurgh, to visit the ASial..c par: of
h:s dosn'nions, a journey of about tOdnio miles. The eta
of the Court at St. Petetburgh, this summer, was n 10"
h.nrenial ; the usual animal festivities at the Fatacc at
PiitorofF, hail beat sitsp.:r.dial for the present sealmn.
fliissian squadron, of tiro sail of the line and throe friyati
nudes Vice-Atilt- nal Crown. *ilich lately passed up cur
channel, had arrived oil' Eisincur : they were set% is wake
circumnavigating the British Islas. for a suinnter's
A nisi Russian 7 t, sal a frigate, both launched this sum-
mer at Arch:meet, were at Copenhagen, on thin way w'
to d'roustadt ; and a small Russian frigate, commanded a"
Captain llii:tcrrif, fitted as a storethip, was on her sin.
on a two years' voyage of discoveries iu Behriug's Sus ;
The Ituves have cnly one frigate in commission ; she ea-. 1
out of the 11)Itic with the Herald, being bound t.)
Thotnas's and Sluts Crus, in the West
nitre:Th.
Colonel R., at Cheltenham. has made a bet that he pr.;.
tAluccs a tamer that '441 kill tiitcen cats is ten minutes.

I

V
i
,

fl
11