The British Press; or, Morning Literary Advertiser.
London, England, 1819-03-08 00:00:00

TO THE EDITOR oF THE DIZITIsH

SlR—The speech of Mr. William Smith, w, tool Na-
genes presenting the Catholic Petition. im Thunifiy last,
has led tunny of those who bare sillier heard or et.,../ it, to
believe, that, with the exception of exclosion fin so the Holum
of Commons, the Romeo Catholics lie ander 110 disslailities
which do not affect the Piotestant Dissenters emtally. But
this is a great Mistake. To the Test and Cm poration Arts,
Protestant Dissenters suid Catholics are equally iodate; but
there are other Penal I.aws, the effect of whirl, is most rte.
verely felt by the Bums., Cathotiza, bat the a trtet of a lacti
is not in any manner liy Protestant Dissetiters.
lst. By the 30th Charles 11. a. g, ch. 1, it is tomtit-as
that no person shall sit or vote no the &nye* sif recta. till
' he his taken the Oath of Allegiance and Supretosey,
made Anil signed toe Detbiraliusi against Popery. This ties
prives Catholic liters of these herealitaq mat iy the pow*
of PMTS.
241. By the 9th and Bth 111 those who refine tat
take the (lath of Suprensacv, It n•iered to thew at the rear*.
titian of a Candidate, are disabled fr,.m voting al Eleritivie.
Titus german Catholics are vittotally .11.pe i of the gr. site(
blessing of the Constitutimi, the I:le.iiee Ft•ital
3d. By AI statutes, ROM:tit Catholics are rtiothleill
from presenting to aliVOWal)11•. 111. a preot,oc
to them ; the rmlasinisert Quaker, and a vein tire /tot, fully
enjoying the right of presentation.
4111. Itumiu Cethillics atone feel the ps•nil Nitration of
Ist Geo. 15.2, ch 11, who h, retinae* perzoiis i.earii„;
civil offices, or kohlimt entomanil w phase of Iris!, or Or.
criying pay or wages by (noel “f any patrol or Want froli,
his Majesty, to take the Oath of Soswesaary, ander a
Ashy of hOrti.. and under other penalties.
5111. By the Articles of 'Wac, a soldier absenting himself
from divine service and sob/ion at the place appointed, is
liable, for the first offence, to forfeit Kit.; fur the iireisuiA
rind evury subsequent ntiesice, I'd. and to he Vat iu insais.
NOW, joining publicly in acts uf any other religious worship,
I.s considered both by a Itinuan catbithe and by a Prolestaut,
to he is dereliction of the Catholic faith. Boise years ago,
it was proved in the /louse of Continuos, that Lit refteiitid
10 attend the Protestant service, a ateeitoriatis privates hail
been iinprisonasl some days on bread and water.
Mr. William Smith could nut have ;seen aware of these
pewit disabilities, when be silikeiseil the House us lasi
Thursday. A more true friend of civil Rod religiottairlarrig
neither HOWL! of Parliament possesses, and he has seestitA

edly advocated the Coils.)tic Cause.
It appears, however, that, at the linoe of which we aril
speaking, the full extent of their grierasicts was oui in log
recollection. Dues nut this make it desiralile, this
!louse of Commons should begin attar proceedings on Pie
Petition of the Catholics, by coststilosiug a Commit*, e so
inquire into and repos tou the laaa which remain (into
against them, and the eiteniastances %which keep Sheer loon
iu Nice ?
he laws which remain in force against thew we Wee
enentiossed ; the ciscissustances slt.ch keep them ti Goto
ace, the refusal of the Catholic* to take the Sacrament, kW
disclaim, upon oath, the duct. ins of Troussitataististion,
and the spiritual aistlsoritx of the Pope. It %soma nu.o
ussiversally alloweikthat no basin can be Arrived to the Mew
from Catholics belig alloasail In hold their peculiar nno is
un the waysterioms article of Trastaulbitautiatiou awl the
invocation of S.tints, w kin) t disability or restraint.
Remains. ti.cu, the spin told authority of the Pope, Thi,,
it is most true, *lost a Roman Catholic'eaunot deny willuo*B
for:wearing his
lie it so ; but, if the Iselief of the spkiloal au t bor i y ti 4
the Pope Ise a noxious tenet, it must he such., Wit t i1k.C414•4
it eelithaft • ish the allegiriti.:e doe to his alsk.ty, tar li. -
cause it contlis ta with the duties whi...11 Catholics .i•e
their fellow-Kish:frets. Then, kt such winds be 'weasel i
the oath, as will make Catholics disclaim by it any spiritual
authority in his Holiness, which. es/edicts wit's either of itseso
duties, and cuufiue to this, and uo Catholic will oblisil
to it.
The matter should he set at rest, aad mills:lnt is so likelf
to effect this salutary purpose, ra the 16111/I.lliWit of a etot4{4
woke of !uquary sum the two points 1 base thogitite4 •

Accounts from Madrid contradict the mulct's ,‘f
Ceti. ELI(' haviug been iti•vaced by the SP.IIILM
"hid) Said. 4.11 the other hatul. 4.4
have loaded Ilitn with honour,: FFtststasu Hint.
»elf adtotowletigtteg tc, this General, tbot h. 1t...
;seen t eve itsdebird t 4; fP, hie eta**. Fo41:1#
uf them diatinguiainnt by 44, 144
andhad bran .*lard at Valrimie sks
poet clime sw Ay ; owl the ilutultrr badr t..
throughout Spun. from ;1 •mikomesi 4•,,twrilli.P. w.:,
the wane tOot,utuoustietl the atitsuitui4 tAbiali:ss u:
4,7u0 perm*.

r

LAW INTELLIGEACE.

wilsti.ti V. MAMIE,.

REUMIE V. 11.11. E.

COtRY OF CHANCERY, SATURDAY, !Haim 6.

Sittings F,,(re the VICE-CHANCELLOR.

A bill in thiseas e w' filed some time ago by
the against the ...lefentlatit, for u►ing a pa-
leut which the former hail obtained for a new nit-
thud of pre paring, smolt for beer. •Lord Chan-
cellor hail refuseil to grant on injunction, but sent
the coe to the Court of Kiiig's nem+, nu a writ
of seire f,riur. to try whether the 'went was good
The Jury, under the direction of the Lord
Ciii4 Justice, found it was not a good one, and
IliP rase rune hack to this Court.

The \ ICE-CHANCELLOR ferling there was no
ti.r in the rase re.naiiiing in Court. as there was a
1, Wilt of prosecutton, ordered. it to he dismissed,
costs.

VICE CHANCELLOR% COURT, I.2IICOLIeI-lIN,
SATURDAY, MARCO 6.

NUTTAL and OTHERS b. THOMPSON.
Mr. lIART moved that she injunction which had
been granted in this case might be dissolved.
Mr. AGAR. Counsel for the Plaintiff., mid be
was ioistructed to chew cause why the injuaction
phool.l not be dissecting'. It appeared that the
Tl mitiffs, in the year 1803, agreed with the Dr.
fend, rats for a le .sr, for the term of 14 years, of a
e sou-mill. on the banks of the Liverpool Coml.
Be one of the elapses of the lease. it was cove-
wowed that the. Plaintiffs should erect a steam ell-
giver ill eight mouths after the execution of the lease,
and, by improvements, to snake the premises at the
ex pins. ion of the lease, by buildings, Btc. of the value
of 1.561/ and iii default of their being of that value,
the lessees, the Phiistiffs, to pay in money an espies-
lent ; mid in ease that the improvements were of
greater valor, lle Defendant, the lessor, was to pay
the differessee. At the expiration of the term of
the lease two arbitrator. were appointed to settle
the mutters in sliputr, and they appointed an urn-
p ire, and they swirled that the improvements
• ere of the "silo, of 1,7621. The Plaintiff' eh-
j«eteol In she award, contending that the improve-
ments had coat them 3,000% gull refused to abide
by the award of the orbitreturs. Tbe Defendant
Own brought his action of ejectment age.tot the
Plaintiff. to &Tosses, them of the posers.ion, sin
which the Plaintiffs applied to that Court fur an
injunction to re.train the Defendant from proceed-
the Court of Law with Isis ejectinesst. which
wits granted. The Learned Counsel contender' that
the io jaunt should not be dissolved, nu the grouisd
that the arliatralors lied mistakes. the nurture of what
was referred for oleic cumideriatinis, because they
c.ols took into calculetion the buildings as siseterials
%loch were to be pulled down, and valued Owns
at en touch per turd without paying any ottesition
to the advantages that the mill and the estate lied
taco-med. rooter tli«se considerations he trusted
that hie II meat would be of opoission that the its.
inaction ought in be eoistinued.
11r. Heat', Counsel for the Defendant, said that
his Learned Friend (llr. Agar) had argued the
ear on the point Ilia slid not Iselneg to it ; lie
aerated to hove spode enifttakesi the c.i.e, for the
queisoiosu was out whether the neard of the arbitra-
tors was tis lie sustained est lint, it hall whether the
Defrialasit was to he Igrpt out of the possession of
bas properly Ile denied that there could be any
isstor per fir.* ottsilssited to the arbitrators in
ivialK their sword ; stiliposing they had erred
in Own joidgnseist. it was am reason why the Plain.
tiff. 'howls' Waist the poesession of the propo-rty at
related rent. Ile schisms ledged that the Pleiu-
or...olithit to security for the money they
had hint oat on the pormaises, and the Defeudent
was willing to give that 'security by paying into
l's urt the difference between the 1,361/. the Plain.
tiff. were ceremonied by the lease to lay out on the
1'114616e5, rod 11141 awardest by the arbitrators; mid
lie was a:so willisog to give the Plaintiff's ample se-
t unity ',poloist soy verdict they might obtain
Noma bun, if they thought proper to bring an
action is. a Court for a further sum than was
swirled by the arlsiirators. Ile had no doubt,
then roe, but Isis Houma, would order the injuitc.
tom to Ise disolvesl.
The VICE-CHANClll.l,Otl—s' if the arbitrators
are w I/ in their aw.rd, it cannot be decisive;
but if tlwy me right in their estimate, it must be
conclusive. This can only be determined by it
Jury esi a Conti below, if tire Plaintiffs think proper,
so bring au groins'. but I will not dirict an issue.
I have trail all the proceedings iii this case, and
am of opium , that the iiujuncsiou atonal be sus-
Theielore I dismiss it."
Injunction di.atissed.

The Vice-CnAtitiu.on did not take the LORD
CHANCELLOR'S fuolinos, us NY{ eXpectrd. It se un-
derstod that his 1100004 the MASTER of the
ROLLS, well .it on Tomboy for the LORD CHAN.
I; si.Loa, so hear INA Lordship's tnosiosie.

COCRT OF RING'S BENCH, SATURDAY, Nano' 8.

This was nu honor for a breach of contract. The
noir'',lf was a t•uofectisrorr. fn►uretly re.iding iu
South A sulky-street ; the [Mend:nit aux proprietor
of the L••mdou Tavern. It appeared f,Olll the eviv
deuce, that iu August last an ag►...mesa took plate
between the wittiest bt• which it arts arruriged, that
in coosolersti tttt of the Plaintiff giving up his bolo-
in. South Audley-vtreet, and going to the Lois-
don T.istrii, to superintend the cotrlect •ry de-
partures,* of that estobliihnierit, he should be ad-
mitted a partner to the extent of two sixteenths of
the profit.. The Plaintiff accordingly removed
from Smash Andleyvstrert, where he had for some
tune carried on his bosimss„ awl was in the habit
of serviarg the Lord Mayors' dinners, Mr. Birch,
in Coriihill, and balls, suppers, mad imoupierader,
with coliferttorsitry, and took up his residence in
tivlioseleate-street, as a coriverrient situation for
loy at:l...dance at the London Tavern,. here lie did
alitlld several times for two months in Ins depart-
ment ; at the end of which time he urged Mr. [lsle
to ci.iniiirte Iris agreement. by executing articles of
twirler...hip. Mr. Hale, however, put ofl• doing so
from time to nine, and at length refused altogether.
Upori this refusal the Plaintiff brought the (.r. test
action. to recover a comperisatiou fur the loss he had
sustained by giving up his situation its South And-

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