The British Press; or, Morning Literary Advertiser.
London, England, 1821-11-15 00:00:00

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iby any .allidavit of Mr. Itoetier'a, bat it re
~etteatitted to be contradicted by an ald grit
thole, other of the vestry mu, that they w
olteVesssisled the payment to Dr. Jesus, if they bah
not beard the statement of Mr. Rosser. The fact
''sektliet he had never been suspended, bet he Itscl
"not Wit re-elected fOr three years,,alihougb he re.
:etioed,the 4a a year for that period.
The LORD CHANCELLOR.—" What had the
'vestry to do with it? if the surplus of the lend.
wee vested in the Coopers' Company, what right
bisd.'thes to interferer
• Me. Dom in coatinuatinn. said, the Coopers'
~ Company, in the first inotaner, refused to interfere.
Met told Dr. Jeans if lie would get the sanction of
' the vestry they would pay the stipend, and they
le • ..
•,00 tom under the rweessity of appl3iog to the
vestry. He would, take it to be a spontaneous gra-
etaity to Dr. Jesus ; and lie was aware, iss ordinary
cruses, biking it us such, the Court would not inter-
▪ fere, but in the case of a charity it would, where a
eau undertook such a trust as a schoolmaster on the,
✓iPrawaise of a gratuity. The Cooper.' Company'
adirl not now resist the claim; it was the relators, thel
tjahrbitanta of the parish: It had been paid to tks
• predecessor of Dr. Jeans, and there was no reasos,
la:thc Colvt should tint order it to be paid hint ;l
.gr.o. , thoie, considerations he. trusted his LordoltiP.
Id giant the prayer of the petition.
Mr. SHADWELL followed on the same side.
, • Mr.
dared
Horse,
pr it
hCounselofthe forl the relators,
s very
It ~
rryhe..
le rdinary proceeding, as it was precisely.:the:
sal pplicatiou which was, made by mobs. .Ent
HIMM, when it was refused ; his Lordship , thew.
-elating it was in the discretion of the Covets',
company rant the additional stipend to latireiie:
orpt, •IM I .ce applied to them, and in their.
.eltae;elion they d refused to Komi it. The state..
merit made by Me. Rosier to the Vestry was made
by mistake; but so far from the Vestry having a
premature wish no to give Dr. Jesns the add&
liana stiprod, they voted him COOL fur repairs;
done to the building. which the Cooper.' cow)
pony refused to pay him, and a salary of a
clear one hundred pounds a year for his Rieke'
as schoolmaster, to commence from the year 1818,
that being the period whn the funds of the dial*
. hod increased. If Dr.• Jeans had snyclaim, it'.
open for him to go before the Master. The M.
ter had not objected to the demand, because it had
never been discussed before him; and the petitioner
had no right to ask the Court to be paid a suave(
motley forthwith • without inquiry before the 11110...
• see. The question was. whether the petitionerejm
entitled i.o the gratuitous stipend from the time of
hi. electiop, or since, for his good conduct. 'The;
Alidevit' of the clerk of the Coopers' Conn-pear
stated, that Dr: Jeans knew at the lime of his eke.;
bon' that the salary was but 401. u-year, but this'
some permt, who was present at the election, toM'
him there was another stipend of 30 omens a-year.;;
. but that was contingent, depending on the rise ai'.
the rents of the lauds of the charity, which did toil;
take piece until the year Me, and then it took :
place under an order of the Court. Dr. Je44:
when he undertook to be muster of the school, ruler
understood his duty ; he curtailed the rooms of tile
poor alms-people, took pupils, from whom he do.
rived great pecuniary advantage. removed thir
school fur the poor boy, to a room in a Wilier ,
house, and altered the whole building—all of 1
which he was ordered to replace by the order of the
Court.
The LORD CHANCELLOR—" The difficulty here
leas arisen from the Manner of appointing the
schoolnuorter, in this as in many other chorine.: the
{smatters try to make the charity a outlet of pa-
.stonage, instead of a matter of trust."
• Mr. Hoarse, in continuation, said, that the ex-
pense of the information had been very considers.-
hie. and it had been caused by the mistaken coe-
duct of Dr. Jraiir; he therefore could not say that
he had corned the increased stipend by his merito-
rious service,. He driabterl whether lie was enti-
tled.to ask for ally thing by hi, petition; but, if
he milt, it could not be for more than an inquiry
:before the blaster. .
•Mr. DUCIIWORTH followed on the same side.
51r. HART rose to reply.
, The LORD CHANCELLOR—" We cannot pro.
ceed furilier in this rate to-day, as I am obliged to
attend elsewhere, to receive the Recorder's report."
ilia Lordship rose at two o'clock.
--..--
• • 1111C4.0ANCE1.1.0R1 COURT, woomaanaT,
NOVEMIER 14.
IN T4ll NATTER OF UOWARD AND GIBBS.
The Petition against the appointment of assig.
eees war to have been argued at the rising of the
Court to-day.
-Mr. MONTAGUE, in notifying the postponement '
.of the case till Friday, complained that there bad
,been somethiog like a breach of good faith on the'
occasion. Several new affidavits had been sled la
the morning. on the understanding of this post.
tonemetit, which affidavits would of course requir.el
tae to rgply to diem. He hoped that no us?*
advantage would be taken of the circumsteomp 1
of the ease by the other side. i
The Vice.Custicet.toe asked if copies of the'
i
affidavits had not been supplied I
Mr. MONTAGUE admitted that they bad re-
teived copies, but still tiny would have to use some •
exertion in inquiring as to the allegations of the:
affidavits. He only mentioned it as an incidental!
matter of complaint, and not with a view to any
Atotiou ou the subject. •
TUESDAY. 110111111RER 13.

SIBTHORP N. ELLISON.
Lady Sewell had by her will disposed of 3,000/.
in the stocks to the children of Mr.. Cholmondeley.
her sister...and the children of Mr. Sthtborp, her
brother. The point uI which this disposition came
to be argued this morning before his Honour was,
whether Lady Sewell was not bound by the will of
her father. the late Dr. Sibtliorp, Professor of Bo-
tany in Oxford, to confine the appointment to the
children of Mrs. Cholmondeley.
Mr. Maus and Mr. ELLlsort argued against
this limitation.
Mr. BELL and Mr. SHADWELL contended in its
favour.
M►. STUART appeared for the trustee, bat said
he conceived it unnecessary to trouble his Honour
with arty ot»e►rations.
The Vice•CH A xcet.toa said, that be might.
perhaps be able to conjecture what the meanies of

Dr, Sibthorp might be; bet that, turtundAy tot
' mankind, Judges were loot illoried to act upon
conjecture. The will mono expressed that it was
nimposssible to limit it to Mrs. Cholmoirdeley'it
ihildren. The obscurity and ambiguity of the der4
Deemed to indicate that the trstator had been very old.
Mr. Homeless." I understand he was about go."
The VICE-CHANCELLOR—" A • 'clear expression
'of the testetor's will would be necessary to limit
the appointment: It was not clearly expressed, hot
on the contrary, mentioned the nephews and nieces
of Lady Sewell generally, and oleo referred to their
respective nephews and nieces, when Lady Sewelt
' had no children. But the costs would be paid out
of the fond." •
Mr. SHADY/ILL referred to the will to show that
it was difficult to min-et-tail' to what cowity of
land Dr. &bailor', whited to he. buried.
Mr. Howie remarked, that his set,-tii-law, Sr•
Thomas Sewell, Master of the Rolls, might have
taught him better law.
fits llotioua got
.through the paper by two
o'clock.
COURT OF KING'S BENCH, WrIyNINaTEN,
WEDNESDAY, NOVEMBER 14.
The Gentlemen of the Grand Itiqueftt for West-
minster appeared in Court, were•astorn, and received
a brief charge front Mr. Justice BAY LEY, -after
which they retired to their Jury Room, to consider
of such bills as might be brought before them.
.On the motion of Mr. G. ;MARRIOTT, Squirm&
Wright was brought up, to plead to an Imin:intent,
preferred against her by the Snei:•ty for the .Sirp-
iteration of Vice, fur publishing a seditioas sod
blasphemous libel. She pleaded Vol Guilty.
THE KINQ r. JOHN AMBROSE WILLIAMS.
Mr. SCARLETT moved for a rule to ,hew cause
why • criminal information should not be filed
against John Ambrose Williams. proprietor • end
publisher of a newspaper primed in the city of
Durham. He would not trouble their Lordships
with any other affidavit than that which stated Mr.
Williams to be the publisher of the paper in which ~,
this libel appeared, on the 18th August, 1821. He
would read it to their Lordships, whet, he thought
no argument, would be requisite to induce the
Court to grant his application. .
•The Learned Couniel then reed es follows :
N So far as we have been able to judge from the sceounts
is the public Papers, a mark of respect to her lair Majesty
has beta almost universally paid throughout the kingdom,
wise the painfol tidings of her decease were revery/41, by
tolling the bells of the rather's ale rind churches. But time
is owe exception to this very creditable feet, which demands
especial notice: in this episcopal city, containing six
g.berebes, independently of the cathedral, nut a smirk hell
aosiotmeed the departure of the magnanimous sotto of the
most isjared of Queens—the most persecuted of wowsen.This•
the brutal enmity of those who imbittered her mortal exist.
mice pursue. her in her shroud We know not whether ac-
tual orders were issued to prevent this customary sigA of
mouroisg, but Ilse omission plainly indicates the kind of spi-
rit which prevails amongst our Clergy. Yet these men pro-
fen to be follower, of Jesus Christ, to walk it, his footsteps,
to teach his precepts to inculcate iiis spirit—to Orotiente har-
mony, charity, and Christian lose! Out upon such hypocrisy'.
It is
_pitch conduct which renders the very name of oar
establOod Clergy odious till it stinks in the ssistrils; tbit
Alsip par churches look like dew:test sepulchres rather than
1.100, 0 the living Coil; that raises up conventiars in
11•44regener, and increase, the brood of void falistics'andl
entliasiuts; that causes oar beneficed dignitaries to be re-
garded as usurpers of their-prenwasiwas; this depeiviolesan
of ill pastoral iniuMigtaisti respect; nosh's,' 'both his Ith
them no support or pr in the attachnimsh in the vcirers-
tios of the people. Segsible of the decline of their
lust and inoralltdinence, they cling to truiporal power, and
lose in their ssiKeiousness in political eves the
ausithotee of the reharacter of Al is.isterip of religion. It is
hootwililltte that sects a spiral can last It is at war with
!ha spirit of the age, as well as with justice and ressun arid
the beetles who era*, about amidst eta holt. soil crevices.
act as if they were striving to prOvolte and accrierate' die
blow which sooner or liter will inevitably *crush the whole
fisfrie, mid level it with the dust."
• MT. SCARLETT submitted that npon en account
dike that it was impossible for any individual to
come forward and say that he was aimed at ; but
was it to be endured that such language •stfoold
be used ? It was impossible that the veneration
which--
The LORD CHIEF JUSTICE—" Take a rule to
shew cause." •
COAL. TRADE. •
Mr. ANDREWS moved for a rule to Phew cause
why a mandarins should not issue against the Ma-
gistrates of the Mary-le-bone Police Office.
The question arose on the construction of cie'of
the clauses of the Act of Parliament. by which the
coal trade of the metropolis is regulated. By one
of the clauses of that Act it is provided, that tints
of WI. and upwards should be recovered it, an
action in any of his Majesty's Courts at Vi'estiniti-
ster, and Ones under ger/. might be recoverei by
information before a Magistrate. In tins cost there
were various small penalties for short measure on
nineteen sacks of could, the several flues amounted
to upwards of 30/., and the Magistrates doubted
Whether they had any jurisdiction. The Learned
*OrMnsel referring to the words of doe Act or Reim-
ment, contended that the Mugistiate lead outtiorety
to adjudicate.—Rule granted.
TIIE KIN 9 BACtIR THORNHILL, REQ.
Mr. CHARLES Pott.t.irs moved for a tide to
she? cause why a criminal information should•cut
be filed against the Defendant, it Magistrate of the
county of Derby. for having taken, or affected to
take bail, on a charge of murder.
This application arose out of the duel between
Wm. Brittlebsok and Dr. Currie, in which the loi-
ter was unfortunately killed. The Learned Coun-
sel founded his application on three uffidavits, from
which it appeared that a warrant was granted m
take Mr. W. Brittlebatik, jun. into custody, on the •
charge of having mortally wounded Dr. Cuirir;
but the constable in whose bands it wits placed was
prevented from executing it by Mr. Thorithill's
clerk informing him that Mr. Thornhill hart token
a recognizance for the itylicitißoce of Mr. Btittle-
bank, jun. in the sum of 5,0001. and that he need
not stay any longer. The constable did mat ex,-
cute the warrant, nod Dr. Currie afterward, dying
in consequence of the wounds he had received in
the duel, Mr. W. Brittlebank absconded, and did
not appear to take his trial, and upon aratching-the
office it appeared that no recognizauce we. ie..
turned.
The LORD CHIT? JUSTICK said, dolt sit which
was sworn in the affidavits Might be tine, and re!.
Mr. Thornhill • might • know nothing of the•
matter. i •
Mr. Justice "Sret.sir amid !hal. it woe
,•, . .
practice of tne Currt tirtpliFt cnotuauniassavw.

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