The British Press; or, Morning Literary Advertiser.
London, England, 1821-05-02 00:00:00

4CtifStilliß ASS& At%
•
Sentence of death was passed on nine prisoners;
Joseph Rotinson, for tiirglary pt Meccles6el(l. and
Samuel Mealy, for Intrlivray robbery at Stockport,
are left for execution ; the others are reprieied.
SIMONY AND CHURCH PRESENTATION.
At these Assizes an issue was directed from the
Court of Chancery to try the legality of the pre-
sentation of the Rev. Mr. Uppleby to the living
of Wilmslow, but which presentation the Bishop of
Chester refused to sanction. The Plsiotiff is
-- Fox, Esq. and the Defendant the Lord
Bishop of Chester.
Mr. Serjeant Owes detailed the hilts or the
ease. The Plaintiff, Mr. Foal ilia gentleman of for.
tune in Lenrashire. When he purchased from Mr.
Trafford, the advowson in question, Mr. Brad-
shaw was then the Rector, and was dengerously ill
of a fever.; this circumstance might naturally give
rise ton wish on the part of the Plaintiff to bemuse
the patron, for lie had two brothers in the Church.
and it Was desirable, therefore, to obtain the pa.
tonne by all fair, honourable, and legal means.
He applied to Mr. Tra'fford's agent in Manchester,
.sad with him set off immediately to Leamisigtou.
.whera they raw Mr. Trafford. on Finley, the 12th
of November 1810. A conveyance wee then pre,
-pured; and the purchase was closed for 6,000/. It
was three o'clock in the evening of that day when
the conveyance was executed, and *bout eleven
o'clock that night the Rev. Mr. Bradshaw died.
Mr. Fox then made an offer of the living to his
brother, who declined is, and subsequently to his
brother-in-law, Mr. Uppleby, also accepted it.
but who was refused by the Bishop. Mr Fox had
not the least interest in this offer to his retailer ;
it was altogether .an act of friendship on his part.
The point raised wits, that the incumbent's life was
despaired of ; but lie denied it : lie was no doubt
in a dangerous state, but his life was not despaired
of. He therefore thought lie should satisfy his
Learned Friend, that the objection of the Bishop
to Mr. U ppleby's presentation was not well founded.
The CHIEF JUSTICII said, that in the convey-
ance there was a provision, that after the presenta-
non there should be a re-conveyance on the part of
Mr. Fox, if he requested; this appeared au over of
the deed. Was it nut, then, a purchame of the
next presentation, and lint of the advowson He
suetely threw out the hint.
Mr. Caoss said the right of presentation was in
perpetuity for 99 year., if Mr. Trafford so long
lived, mid there was a fourth provision to re-cutlery
to Mr. Trafford, or hi. agent, if he requested.
The ATTORNEY-GENERAL—Lend Eldon has
given a decided opinion on a resignation toad, iu
the ease of Finch and the Bishop of London.
Mr. PARK paid, there was no doubt of a corn.
potency to purchase the advowsion with the nest
presentation—it was almost every day's practice.
Mr. Cooke, an Attorney in Saigon!, the agent of
Mr. 'Trafford, was called and examined. Oa No-
'ember 11, 1819, be accompanied Mr. Fox to
Lermington. who laid previously requested him to
become his Attorney in the tratisaction, in order to
negotiate the purchase of the living from Mr. Tref-
lord ; he arrived there on the 12 h, at ten (o'clock ;
5,0001. were offered, bur Mr. Trafford declared his
determination not to tike less than 6,000/. Au
agreement was at last suede fur 6,0001. about tea
minutes before three o'clock on that day.
Cross•examined by the ATTORNEY-GENERAI...-.-
I look the deed reedy drawn with me: it is more
usual to take a draft first. 1 considered the then
Bettor, Mr. Bradshaw, in a dangerous state.—
[Attorney-General, Aye, you carried a con-
veyance ready cut and dried in your pocket."]—
A question being put to the witneas, as to his
connexion with Mr. Trafford, as his meld, he
appealed to the Conrt whether Le was bound
to answer any questions which would involve his
professional duties ? He was told, he must an-
swer. Mr. Fox applied to use on the 11th of
November, and told me Mr. Bradshaw was very
ill. He requested me to go with him to Mr.
Trafford. He told me that he bad sent a bailiff
over to Wilmslow, to inquire about Mr. Brad-
slaw's health. 1 then said no time was to be lost.
We left Manchester at eight o'clock the same even-
ing; it was 4 or 5 o'clock alien be came to me.
Mr. Fox, Mr. Brettargh, and myself, went in the
chaise. There was no ad valorem stamp on the deed
then. We had four horses, but the roads were
not particularly bad. It was near trio eight
when we arrived at Wilmslow, when I sent for
Mr. Biadshaw's butler; he could not come,
but he sent a messenger, saying Mr. B. was so
ill that he lived only from hour to hour. We then
Set off for Leumington. I said rainiewhat to
the drivers about signing a paper to shew what
rate we went at. It was eh out a hundred miles
from Manchester to Leamington. We went shout
ten miles nu hour. When we saw Mr. Trafford,
we went directly to busievas ; and the completiou
of the contract and the sianirog was simultaneous.
I believe 1 informed Mr. Trafford that Mr. Brad-
shaw was in great danger. Mr. Trafford is a Kra.
man Catholic; and I knew if the incumbeut (lied
the next presentation wool.l fall to one of the UM-
versifies, wider the Act of William 111. 1 don't
think Mr. Trafford was aware of this Iselore I told
him. which was fklore the deed was executed.
We left •Leamington the same evening, red drove
at the same rate back. %Vlore we arrived at
Wilmslow next day, we were told Mr. Bradshaw
died about eleven lest night. It is possible one of
as might have said, ,‘ Wrfl, thee, we are just in
time." The value of the living is about 1,200/.

a-year.
'Dr. Hull. of Manchest►r. was examined as to
the cote of the health of Mr. Bradshaw. Hr said
his complaitit was an erysipelas loser ; it is by no
mews), a fotal disorder. Ile d4l tint at all despair
of his life. He died s little before twelve o'c•lock
usi the night of the 13th. He did tint despair of
his life till 1118 last visit cm Friday ; and half on hour
before Ilia death lie quite (festooned of him.
Cross-examinetL—Mr. Bradshaw was able to
swallow vu Thursday tvesoing ; lie sins occsounisfly
snatidering in his amid. Ua Fridur night the power
of deglutition was almost gone. Womers told Mr.
(Nowell lie was in danger; certainly in danger from
the hvgii 11l il ig of his disorder.
The Rev. U Hdeby examined.--1 was presented
to the loving of 1V ilusolos in 1319. 1 then lived in
Barton-on- ilu inter, Lincolnshire. Br fore 51r
Bradslisw's (Itch 1 had no communication whotever