The British Press; or, Morning Literary Advertiser.
London, England, 1818-02-07 00:00:00

WALKER'S ORRERY.

Last night Mr. D. F. WALIIIIa commenced his
Lectures on the Aidostranion. or Transparent Or-
rery, at the English Opera-House, where he will
continue them every Wednesday and Friday dur-
ing Lent.
Perhaps there is no exhibition which this season
brings with it to relieve us in the absence of gayer
performances, more calculated to diffuse inform.-
' Lion, and familiarise the young mind in particular,
to subjects of the highest and most sublime nature,
than Him periodical Lectures, which it is the here-
ditary office of Mr. W.Laita to deliver. By a
simple and perspicuous proem of ingenious me-
chanical invention. the Lecturer is enabled to ex-
plain the most sublime phesotneua of the heavenly
bodies, and to familiarise the mind to the higher
branches, of astronomy.
The first scene represented the annual and diur-
nal mot' of the Earth—the second, the Earth
and Moon, with the cause of Eclipses, lec.—the
third, the Tides. The other scenes were descrip-
tive of the probable construction of the universe.
By the illustration which this simple and beauti-
ful machine furnished, Mr. WALKER explained
the whole of die Planetary System in a clear and
perspicuous manner.
The house was not crowded. owing. we presume,
to the unfavourable state of the evening, for these
Lectures usually receive that encouragement which
is due to a popular elucidation of so interesting a
subject.

The 111a►gttis of ANGLESEY returned to town
yesterday from the Pavil ~,,,, Brighton.
The Dowager Marchioness or LANIDOWN will
have an assembly to-morrow evening, at her house
in Albemarle-street.

Earl Frrzwtra.tAlt is arrived at leis house in
Grosvenor-square, from his seat, Milton, North-
amptonshire.
Lord CHARLES FITZROY arrived in town yester-
day, from his seat in Suffolk.
Lady. SALToutt has issued cards of invitation for
a rout on Monday evening, at her house in Lower

Sir GEORGE and I.ntly DALLAS and family SP.
rived yelterday at the Prince of Saxe Cohtirg's
Hotel, Charles-atreet, Grosvenor-rquare, front a
ton r.

-
Sur GEORGE and Lntly W ARMEN DER gave • grand
entertni sssss esti on Thursday at their residence at the
Admirslty, to a part• of distinction. Among them
wrrr—
_ _

The Earl of Liverpool, Earl of Roaeberry, Lord sad Lady
Granlliatu, Lord Maitland, Lord and Lady Binning, Colonel
Disbrewe, Hun. and Rev. Mr. &Jasmines'', Alias Temple, Sce.
—in the evening her Ladyship had a grand rout,
which was attended by upwards or 100 distinguish-
ed fad Ides; among whom were—
_ _

The Mike anil Duchess 47f Argyle, the Ladies Paget, Mar.
rinks Juliana, Grimaldi, and Durriar, Count the
Marbionevs of Salisbury, the Danish 31 buster, Lady Castle-
reagh, Countess Cowper, Lord and Lady Melville' Mr. and
Miss Duisdns, Lady Asgill, Sir George mid Lady Moore, Mr.
and Lady A. Buckets, Lord Bisrithersh, Lord Namibian,
Colonel Dawson, Mr. de Cas, Mrs. Ryder, Mrs. Arbuthnot,
Mr. and Me'. E. flouverie, Mr. and 31ro. o.burue, Mr. V.
Filsgerald, Mr. flay, ice.
Tice Ib is. EDWARD MON CICTON, M.P. is arrived
sit his Isiowe to l'ortlsiiict-place, from Isis seat its
- - - - - - -

HORRIT GORDON. Esq. M.P. is arrive t 1 at his
I se in lirinnii-street, Uerkeley-square, from Ins
soft in Donietsliire. . .

The 1.1010, and Kew. Mr. BOSCAWEN i• arrived
at his brother's (t...rd F 1.110UTIeb) lannie in St.
Jaiiirs's-sriusre, troth 1111. seat 111 Herts.
Colonel Owstr and Mr. OwEN arrived yecter-
day at Blake's from Wales;
Jirstas Wslvs, limy. left ditto, fur las Brat sear
Bristol.
Mr. mud Mrs. LAMBERT lert Cook's Hotel, Al-
bemarle-street, yesterday, fur their scat its Gluuccs-
tersla re*

TO THE
11ENBERS Vika STOCK EXCHANCL
The miountteestam.ff that lllrPesys to liner Iskes
place in many of Ilmsinsislic Pipers, respecting the
Minister's statesmen& on the Revenue, both of
Weeineesbey and Therviey Plrefoill, requires some
expLinatinsi. The feet is, that sAe Remus* ail
not twee for if.sroditare V 1817 by owe Moo
',fiesta *i iwi. wad she Reosowe of 1818 is mei

lily td, wet she Krpenditare of 1818 by nearly
the sabre sane; and the Minister insist therefore, iir
a few week., have in circulation Exchequer Is6llsom
under
66 Minims, by his own eoefessiiSs.
6 dist% Is repay the Bask.
13 dims, fee ilelleimey of 1818.
torsi. 77 M UMW •
Oa !wawa fund wleatever sum may be necessary
to retiree the Exchequer Market; for, I believe,
most people will epee with sue in thinking, that
seventy-seven millions is much too large • swat to be
left unfunded, at a uteMett! whg. Pomo+ kite,-
elating a Lean for threi Winos. Amstrad; six, and
Aimee thirty, making together • tote! itj near!
forty millions sterling required by Foreign Powers.
Now, I will suppose our Minister to fend thirty
millions of Eachegner Bills, it will be clear that
the public must have offered to them, in a few
weeks, more than seventy Millions of Stock, forty
of which on terms that will at least pay eight per
cent.—therefore, wider such circumstances (not-
withstanding the daily boasts), the English Funds
MR not likely to get up, but, on the contrary, in a
few weeks, they, in all probability, will he consi-
derably lower. The Minister has informed the
public, that he has purchased up more Stock this
year than he has borrowed. In the first place, 1
beg to state, that when the Budget is presented it
will have • dillereht complexion; and if it were
correct, it would turn out that we have only three
millions Sinking Fund this year instead of fifteen ;
' but the truth is easily proved by referring to the
Isstintates published by the Finance Committee fur
1817, where the deficiency for 1817 is stated at
upwards of fifteen millions, and the Revenue has
not amounted (see statements already published),
by a considerable suns, to that estimated by the
Committee; consegnently, the deficiency for 1817
has been actually more than fifteen millions. The
same Committee estimated the deficiency for 1818
at upwards of twelve millions, and it is likely to
be much larger, us it is not probable that the
Revenue (although improving) will come up to that
statement by some millions ; and the public may,
rest satisfied, notwithstanding the assertions both of
the Minister (and lhe Courier), that he must this
year, sod in • few weeks, make a regular Loan,
/had Rzehegner Bills, or take away nearly the
whole of the Sinking Fund ; ant the attempts to
deceive the public are extremely illiberal and un-
fair, and can only have the temporary effect of rais-
ing the Funds a very trifle, and for a very few days.
Or are these boasts for the purpose of raising the
Funds, and then waking the Loan before the dis-
cussions conic on as to withdrawing the Allied
Troops from France in November ? Every man
(who knows any thing of foreign politics) is filly
satisfied that this measure is not only in contempla-
tion, BUT ALMOST DETERMINED ON. Where,
then, will be our security for peace, even for one
mouth, after the troops retire ? Will our Funds
then rise, or will the Stockholder be alarmed ?
11'ill our confidence increase, or shall we not he in
daily expectation of a new war by such wretched
policy ?

I •m, Gentlemen, your., &c.
Feb. 6, 18113. NrEttAx.

TO TILE EDITOR OF TIIE BRITISH PRESS.

THE BANK OF ENGLAND AND MR. THOMAS
RANSON.

Stn—You baying in your Papers of the Nth, 48th, mid
31st ulliiw, under the brad of Police, noticed this most
extraordinary case (and without explasatioa), to the serious
prejudice of Mr. Ransom ; I beg lease to inform you, that I
this flay attended Mr. Ramon, accompanied by his bail, to
Marlborough-41reet, at the time appuinted by lbe
trams, wheu Mr. Westwood attended on the part of the Bank,
and informed Mr. Baker, the Presidina Magistrate," That
under flee particslar cirermstances of Ibi■ case the Bank
declined to prosecute—be had, therefore, to request that Mr.
Ranson be now discharged, and that the recognizances en-
tered into by hint and his bail be withdraws." I presume
tot objec can be made by you to give ibis letter equal
publicity with your former reports.
I am, Sir, your obedient Servant,
6th Fritillary, ISIS. SAMUEL JONES,
Barnard's Inn. Solicitor for Mr. Ranson.
P S.—Mr. Ramon keeps the note in question, which, as it
now appears by law, he had a right to do.

On Monday, the id inst. the foundation stone of
a new Roman Catholic Chapel was laid in the
tinindiabgate-ptreet. iu Wigan. by the Rev. N.
Ttrompsua, V. G. A number of coins were en•
tiOstil in the stone; sod alter the ceremony, a very
siume party of friends to the undertaking par-
took of a very elegant dinner, which was provided
by Mr. CLARE, at the Royal Hotel Inn, in that
town.

It hes been tie practice io the lute I,olterin to
tlrnw only r few Tickets on the First Day. hut the
Commissioners of this Lottery will draw about 3,000 Tick-
ets, or nearly tose•thioil of the whole Lottery, on the 4th of
MAR 1111; and as the Ant-drawn are Prizes mast be all
Capitals of 3,01101 1,11001. &e. akc. hemillea what may arise
per chance la 5,000 Naistbers, we army bestowed thst shoot
40 Capital Prises at lewd will be draws ea the 411, of
11turek, IsehlK more than She whole Schemes of late lAitte
ries have et tttt Mord. Ittdred, Ai* MChesee is formed ost a
capital Imsis at she swami' of Adventurers themselves.
Moving There Prizes of 30,0001 , with 3,647 other Prizes of
5,1004)/.. 1.0001., 3001, kg. ate. he.iiles 12 Pito.s of Port
fur threeillauks.

APPEAL OF MURDER. or the Jiidgre to see flint there i• all proper eare and
cannon is, the witifiogltsttle, even I iii,olelt theAppellee
COURT OF' KINGi*C/I W' entsairrut. should have twglected to do so for Itime•lf ; and us
, ~ r take nee that there be no viiiiisice in the evidence.:
Fat Dee, limn' 11. iruritimissweii that the Appellant illy mire thing before
• the Coroner and another before the Jedges, fur no
lITILUAst astireittt se. •11114111A01 TAIORISTOIIIO variance will in. wilftwell.—mitl it is trite that the Ap-
The argument on the demurrer, in this prate nifty defend himself- toy his body, miles...wile
Male en, accenting to the directions of the G. violent presumption make opium lens, which doe.
this soothing. The Court was exemseively Cr.,s not admit of I. proof to the conintry. by memos of
.-.into• Much tirger body of persons were 111
.. ‘l4tith licessi deny nr defend the death or felony.
bled in Westouni.ter Mill unit its avenues than kit As it slily be where * snail i's. taken over the dead
recollect Ili Ismer seem on any preens's* stiorpisii, tinily with a blonde ksiile ; here it would nut be in
isending this novel preeelsilint. lite A ppellre welt l Isis power to clear Intsirs-li."
ifigoreght into Coml. by the iirivate passage, a little Lord ELLENDoRotiGH --" How can that be ? If
Iti
rotetiine o'clock. inthe vivant,. of. tliblsour, Ilse a soon weir found with Ow knife in his hand over nl'a tipstati, and one of the keepers of the I liody recently distill if tine fart were so, might he
Kiust's Bench prima. The Appellwit, accumpa- i not prove that Wittieboitrput,tlte kinfe into lint hand
died by his Solicitor, arrived soots artier. Hod contsitaisslsd him to stand there, and that he
At hidfloost trio o'clock their Lordships took I wits obliged so do in?"
ditty places on the Bench. when the caws of Ash- Mr. Cut rrv—".But hr the old Isla% my Lord.
ford e. Thornton was called im. he ovoid be hanged norms the proof of that Net."
Loral BLit:motional( —" Are the !sorties in Mr. Joistiee A astere--“•Suppose a person found
r a mass flying, wish n dagger in hie body. end he
CLAIIRR-16 Tl..ey are, my Lard." took it out oitli a humane motive to save his lute,
-."111110ROUG11—.4 'llse Appellant inny and that elide he was standing over the holly the
man died, and he wit's found in that position, surely
• he might prove Ins imincesice r
!Mr. l'iiirrY—" My Lord, this is certainly al.
tend be Strlinforil."
Alr..lustice lisvt.r.v—u Tie would be hound to
explain (tow lie; cline is. that situation ; but 1 sip-
-I,rt.s,end lie could 1.01 v.; C that expimmison by way
of replteasitoos its :I Ctilloter-pled, but he most do it
upon ' trial liy jury,"
Air. CI!ITTY then 'mule the following eitstion,
ill worativt• of the iso•iiiitsto he itall takes. : " Like-
v I,s- :1 a IWr`tql shish! enter only I so. at 1614111, Rita
Ill.tV tinier bran 'murdered, or if there had been
two ..r inure there, and they 'eight sod have rai.eit
so too! sit.d eri., nor received to wound from the nit,-
beri or Ohms a Ito es. 'nett the murder iii esooless
vonring to del:-n(1 thrto.elve., Ise or they shall isot
be allowed to ill-11V the devils."'
Lord Ettsui.noitot•co—" There is no excep-
tion fur a Vilsir tlis,it.ev. A !thong!' 4 Id he hen-!rep
sit the lime she outrage is eoquiliting, lie iv ;so the
vitionsiols preslicitt.-st by Ilracton—and yet such a
mini would be I.l.lreelly innocent."
The Learned Comes, I then proceeded to read ex.
tram. Irani Flew, iiii to she time of Edward 1.
and 11. chap. I, p. 47, in which It veils vet froth.
of When those who are nresised are brought to
trial, they must neither be in armour or in bonds.
11 they confess the charge, the judgment is eel..
dent. And in ass ispiw,sl our homicide, ---
days shall Lie allowed to either part;.
tarsier be denied, It will he fur
put himself on Ins euutitry for the It
or to defend 1 ' II by his holly,
souse violent itresumption against hi
nut admit of lima to floe essostroor)
the motor 'Koski 111 l as that tail' slow in
Lord EI.I.IINBoItOUGII.--" Dtws
instancem where proof could not be
contrary ? Fur Bractuii. is bailer
instatiees.”

Is it your
misso.ott sito

loot ELLKivisoittotiGll—" You apply for the
Urkodoot to Mil Let it be MI."

\lr. CHITTY then co iiiiii raced the argument
behalf of the Appellant as follows : —" Lords,
this no a Demurrer to the Iteplscation made to
Cotssilerplea winch has been pleaded. by the A itpel-
blot in answer to a IVager of li,ule, of which the
Defendant attempted to avail I self; and it Is my
duty to shoe precisely the whole nf the Pleadsilx4
owl other proceedings hitherto had in the eiOV,
hr-
fere I proceed to and• argument on the subject."
Here sJe.CHITTY reid the wilt of appeal, the
plea, the counter-plea, Ilse replicati iiii , and the de-
murrer, after which Ise proceeded as billow►:—
" epos) these pleadings, my Lords. I submit that
the Appellee's replication is insufficient ou two
grounds ; first, because it was not competent for
him in law, isa answer to the counterplea. to set out

aftursliiig presumption of teller ;
and secondly, that the circumstances, as stated in
the replication, afford no answer to the counter-
plea. In discossing; this inipsatant question, I shall
only make such observations sin the law as 1 sissy
think absolutely necessary, and I WWII not occupy
the time of the Court umsecessarily. As. however.
my Learned Friend, Nlr. Reader. has intimated to
me that he will skew the counter-plea it insufficient
in law, it will be my duty to examine into the tight
of appeal, and wager of combat, as well as to chew
that the replication was not ailinissiible. I shall
contesid, that, according to the existing law of the
country. a person is not entitled to wage batik
when there is evidence affording presumption of
guilt. and it will he necessary for me slimily to in-
claire into the law on which alt appeal of murder is
founded. It will not lie disputed that. the right
exists. The statute of Gloucester, 6th Edw. I.
cap. 9, provides that all appeals of death shall lie
pursued within a
lad Use 3d of Henry
in cesea of homicide.,
a year and a day

. mentions
referred to '
'Chen
• that piotik
4 that such
site Briton, t
. was set fort
things might destroy the right of WC-
rutty, " for if the Appellant he seleybeNted,
within the age of 14, or beyood the
ordained in holy orders, or a woman,
can aid himself by matter of record,
say, • and this I ism ready to prove i
Court shall award.' he or she !droll not
hose's ilinroro F. IS e, was then wit
forth—" And in case where battle
joined, and there was no witness,
personal action used to help themsel
miracle of God iu this way--. 4 If
were a woman, or of such a condition
could not join battle, sod the Plaintiff'
netts to !trove his suit. then the Ilrfer
clear her credit by the monocle of God,
proof to the Plaintiff: mid in the Contrary
lima only belonged to the {lanai
are deters causes woad the Deferadaut
of battle ; fur it is raid that if an
Winged. au appeal, and the Defendaut
that lie is width, age," Scc.—
Lord ELLENSUROUGifis—•s Does
age ?"
jr. CHITTY—t' No, my Lord ;
to say • And the Justices hare Men
he should be brought to mower the
Appellant, and that the Defendant
advantage to wage battle ; and it
dieted tUr a felony or murder, he
buitle'."
The next authority to which the I
gel referred was Stuumford's Pleas
pub:iehed iu the year 1514, which
p. 176, set forth " Trial by battle
which the Delemlaut id appeal of fel
(that is to fight with the
whether he is guilty or titit. And,
the battle is• so favourable to him,
tftlille pus opponeut, he will forthwith
his appeal for ever. •This is an ancient
law, and one much used in time pawl.
divers precedents iu times of Hilts,
Henry I V.—a mode nut now so disused,
it way he brought brio practice again ,
if the Defendant mid there
support the counter-plea or the other
the same author, cap. 15, page 178:
" The reason why a matt has a right
this—that there wart, or is 110 erides.
nutter apperrrisig against him to prove
of a felony, but only a hare occultation
Plaiiitiff or plaintiff's, who are not
1103./411 in their writ cause."—lo the
was stated, t' Th,,t if there be any
serve the Plaintiff's presumption,
mull mid cause be true, he shall on,
ant of late trial by battle. for its tit_
perint dritranda judgment of death
Alflntilees It is wore reasonable th
hazard his life with Deferidsot it
if the Defendant requires it,
or the country, which, for want
he ignoiasit of the tomb- r, and n tot
verdict. And, theeefate, lie should

TN. latter statute

acquittal of the App►et by miry
bar the Appellant from instituting his appeal—
for, by that Act, he retained all his rights at com-
mon law, just as if no such trial had taken place.
Upon these I ►ubmit that an Appellant is to hive
the like advantage upon a writ of appeal as if the
case had never before been tried. I shall now cite
the authorities upon which I shall contend that
where them are circumstances which sitii.r4l strong
presumption of the guilt of the Appellee. there lie
is last entitled to his wager of battle; and upon the
aims authoritiee. I shall contend that he cesium
apply other facts in his replication►, which would be
mere matter of defence on his trial by Jury. I pro-
pose to examine these authorities as they occur in
point of time. The first authority is Glanville, who
wrote in Hen. 11.'.. time, in the year 1154. There's
not Much in this book upon the history oldie wager
of battle, or where a party shall be ousted of that
isles; but I will state what he pays on the subject.
It is Ream's translation of it, lib. 14, cap► I, and
plac. 350. •It appears, that. if there is probable
gr►und for suspicion of the guilt of* person, he ►hall
not be allowed to try the question by battle, but the
trial shall be by. ordeal. The accuses mat• decline
duel on account of his age. or by reason of mayhem
alstl then the accused must purge himself by the or-
deall of hot i or water.' Then, my Lords. iu the
PaMe work, lib 14, cap. 9, plac. 353. where the patty
is charged with the fraudulent conceelaieul of tree-
sure trove. the wager of battle cannot be permitted :
and in the same chapter. plac. 357, it assya...-s II a
person be appealed of homicide, he is sometimes
obliged to undergo the legal purgatina.' If, for
Mourner. lie were tuketi its flight by a crowd pur-
suing him. and this be proved in Court by a Jury
of the county, then he cannot plead wager of bat-
tle."

Mr. Justice 116sYlf.sit44 What is the expression
in the original language?"
Mr. Cuirrirl. I have not brought it with one."
Mr. Justice ELtri.ty—•• Because it is an ex-
traordinery circumstance to prove a thing in Court
by a Jury of the county."
Mr. Cuirrv—" Your Lordship knows it might
appear upon the trial of a collateral issue: as, for
instance, in the emus of an escepe. The next au-
thority which I cite to your Lordships is Bracton,
lib. 3, cap. IS, Woe. 136. This work was written in
the following reign, the reign of Henry 111. and the
title of this chapter, among other things, cotitaitts
' Flow the Prisoner should be brought into the pre-
sence of the Justices. and why 11w Jo.ticets ought
to make examination on sager of battle or trial ;"
and fol. 137, letter A.. after stating how the party is
to be tukros, the following is laid down When
a person thus taken is to be brought below the .1 us.
ricer. he is not to be brought up, with his hands
bound. though his legs may be fettered to present his
escape ; and if. Rite,. brought up and accused, lie
confess the crime, the judgment is manifest and
if he deny and defend the imputed crime, and any
Person appeals him in lawful ls of appeal, he
shell have his whether he will pot him -
sel on trial, or defend himself be his body.' It
then goes un to state, my Lord, that it is the duty

Kc. Yi

7

, I-- .. m „
year and a day arm, the twat.; e. ....Hurry—et Fiera
lenry VII. call. 1, provided don, I stainers exactly iis those rrl
le. appeal may be bromeit vritbiss Mr. Justice lisTLEir—,
P after the death. sod the plea of ouly u cope of Bractoo in
ihall Woe bar tat 0 ..4k etturty admitted
established the doctrine, ifrtfirti proceeded to esti
ippellee by the country did not ! tat. Amtrak. iii which it

; •• ii
• 1
1 . 1
' - 4
1
1
1
I
v• 4. ,
" '
~ f' i,

ornitirig, lie iro in the
mon—airri yet torch a
cent."
I proceeded to read eft.
or time of Edward 1.
which It sot food,.
closed are brought to 1. •
in armour or in bonds.
the judgment is evi. •
r honsocidir, no essoign
•r party. But, if the
re fur the Appellee to
or the trial of iris guilt,
body, usslrss there is
;wrist hies, wlt;rli doe%
coronary." This was
dow in Bractor,.
134 w, Fleta mention
not Ire received to the • •
rather uulucky in his
lentions the same inw
red to by Urroctooo." • '1
Their Virtu is its fact
wt poticuler ?"
'tat buch as the fief,
Into% cap. fl, p.
Is set flails. drat moot-
t of battle iu every Im-
•t he surtykemed, or be
uod the age of 70. or
•
I woman, or if a men N. 9
record, their he shall 1
•
r prove in any way the
shall not wage battle."
then cited, mid It set .
e battle could loot be
'limas. tire people Ira
nip thernsrlvrs by a
If she
▪ coroditinti that she
e on wit_
the 1/efrodant might
le of God, or leave the
the contrary crow the
Plaintilt,' arid I Imre
)efendrut in all Hormel
at if an ration on age
m Defendaut slorweth
Does it not state what
.ord ; but it goes on
e !kris of opirrioss that
rr the appals( of flow
fendinit loath Inst the
nil it a party be in.
ler, he shall root wage
1 •
:It the Learned Correa
ls Pleas of the (.rown.
which in 3d b. c. 13,
•
battle is another trial
al of felony may elect
Maid) by way of trial
, And of the event of
to hint. that be over..
Jail With bar hires from
)rs ancient trial in our
SIC paid, as appears Ly
of Edward 111. mid
oar disused, loot that
lice again lit lIIIS 46). • •
d there is melting It,
the other party."—lii
ge 178., it wm.. stated.
1 IA right of •1ppe...1 14
3 evident or pooliable • I
e to 'prove Irian guilty
are accusation of the
are not credible, wit-
-to the same work it j
be any thing dist use' t,
wirier, that the trot .•
shall oast the Defend.
rr in that the Air- I
of death aganost tom!
rouble that be should
olosot in trial of the o •
ins it. than put loins
!mil el evidence. may •S
n torn ari enormous
should leute (...;ord, to
•
•

F

b.*

W

s
's • • •
whom all thiugs are opt% to give the reorilict in
that cow, by swarths**lrWry or defeat. to one or
other of the parties, wecrirdisig to Ilia pleasure.
'fleeter it is that our books sap. that if there Ise
any thong which cats serve *the Plaintik fur a pre..
somption or testimony that his case it true, theta
he will eon the Dekudent of brit. trial Icy battles...
as far sostance, if the Defeudant stood indicted for
Ylw frlouy, before appeal eammeoced, or was takeu
with the xviiiimr."..Coulleiustery or this, ktrarion
said in his 'ld Book. " 'That souselnues presomp.
lions are so vialesit ets wit so admit a proof of the
contrary ;" sod he referred to the clew of a maw
• token with a bloody knife over the dead lowly., in
winch cave he was not allowed to deny the death.
Lord ELIMISOROUGII—.6 They did mg ilia.
timonsis between strong prise firth evidence, wed
po.i.ive 'widener."
Mr. CHITTY—" It thus appeared, by Brewton
und Illritau, that, in former times, violent presomp-
toms operated to the cmolenessatiou of the party.
without further trial. flat it was not so stow—for.
notwithatanding such presumptions, et I)efendasit
would have "trial. but slot by wager of battle. 141
apprartll from Nisbet/ere. Abridgment. 'llse.
•k 411, where a mast was appealed of the dcasla of
lois wife. and the Coroner of she Ville, with his
Approved torn, witnessed. that Iw, S. Ow evidence
ene the occasion) testified that he took the Defend.
not iu the fact (saner Arnim) with a bloody knife
in his band—end, therefore. he was not allow-
rd 14 defend himself by battle. The inninonr
in the appeal of death was the bloody knife, which
was I alas. him, ar.d therefore be was glowed
of his wager of battle. Ist the appeal of rolthery,
when the Defendant offered battle, Use ought to
Put she ntainoar into Court —or say that the De-
fendant was taken wish Ihemaiame which be would
pot into Court, endow the Court excused him
from Itringiog it. When the amiaoter was placed
in Court, tlw I)efen.lant could have po traverse, or
..tlwr exception, if the things brnnß7sl into Court
ton Pom the goods mentioned in the ay-
' r,l, tint most. in consequence, late his wager of
batele.' lu p. 180 of the same wink it was said.
• It is a good c. ttttt terplea to it Oro of wager of
• battle, to say, that Ilw Defendant, when arrested
fir 1.1.- felony. !mike the gaol and racitiwd, or at-
tempted to escape—for that was a strong 1/1111UM111.
lion 4.1 role."

1I

g .I•LEtt BOROUGII —l' So that you never try
whettre► the winir•s. whose credit the Defendant
is Driveled, apeaka the troth. It is sufficient that
lie he hound with the stalsoisr."
• Mr. l'ittrew said, that wce the rose with respect
to 11w sorigewr—bat it was not ye with reference to
carve'. That neendation 1w might traverse.—ar•
'skew' a charter of imi►don for it, wh•ch did not take
&Ir. Chitty
subject,
volume of
gives► to
,and s+•
Awsougst
Cot-
&c.

"

4.

whet e

the*** was violent presumption of pint. the I/e-
-t-1141am was owned of his wager of battle. The
]retard Counsel then . ealleil their Lordships'
mires' ttttt to Alr. Pithiness wmk on the. Cri.
Mama lAws which was published in 1609, and
wrist through loos. editions i•• flingers' years.—
Ile. ial p. 185, letter 11, lit. " Trial by Battle."
stated, that " there was an sincient tried of the plea
of um roil'''. at the common law, ranch used in
former times, which was dial by combat, ordista.
lily in Kittle with the Appellee in ri charge of fe-
lony. TI gh nit in much used now as in the
time of F.ilwaril IV. Metaled 11. an/ Henry IV.
yet it might 1w nerd at prisent, unless some good
ground were sileinired astaiiiiit the counter-plea."
And, in page IWi, he gave the swine reason that
Stoititslord ulileiced. for !remitting the Defendant
in im upland to iry Isis raise by battle. He also
*dated, at Stionissford hail done, that a violent pre.
lotion of guilt would lw a gond counter-plea to
pest tlw Appellee from surly trial. And pointed
tti•lrsit presumption, the finding a man with
bloody knife. near • deed horly—t he circumstance
of a person being found murdered in a house where
others were, none of whom raised tlw hoe and cry—
and the attempt. when arrested, to escape from pri-
son. In Coke au tisane", 1,1.94, 13. title tea Bat-
telle, tlw wager of battle. on a writ of right, was
ti. signify. in the common law, a single
conduit. in which 'with'? Plaintiff nor Defendant
should light, but 'pelt should appear by Isis cham-
pion. This was the course pursued, because, if
either were slain. istiiiielginent could be given with
respect in the land in dispute. Hut, in criminal
rears. the !sorties fought iii persists; for, if the
Appellum were slain. the Appellee gained his
suit, and in tier versa. to Finch's Low, p. 241,
the. same observations were mode with respect to
bottle me a writ of right—and he distinguished it
from Ow apron of felony, in which it violent pre-
suniptimi of guilt ousted the Appellee of his right
to wage Sir J. Hawkine. in his Iless of
Site Crow", lib. 9. rap. 45, ore. 7, observed. that
soy Pfiss.liff might counterplea a wager of battle
by alleging sack matters against Ilse Defendant,
MI Might iNfitire a violent presumption of guilt—
and he stated she same instances that were enuoie-
rated ut the other authorities. Mr. Justice Black-
stone, w lot 4th Commentary, p. 446. had the fol-
lows-LI t wilielire en the wager of battle
" I. 'is. I, fleet, err Week combat, was another
*peens 4.f pr.i.onepiliona appeals hi Proiriensee, wader as
mireisitur Ural Heinen would arepsesiisuahly give the
iri r) is. Ilw innocent er mimed party. The *Metre of Ibis
in rams of I is 41 iajary, upon issue joimed in a writ
it Bosh,. sin filly discussed in the preeedtent tarok. To
whole I Late to add, that the trial by Whet may be
iteasandell at the election of the Appellee, is either aa ap-
peal or am ipprurrnshmt; and that ii is carried on with
. Teel suit Innis) on that me a writ of n lull, bat with this dd.
f reuse, Mel there .ach party alight hire a champion, hut
1..4e Owl mast fight in their proper penot.a. And :here,
hoe, if the Appellant or Approver he • woman, • priest' as
was', or the age of NO, or taw, or Mud, he or she may
. mime.p'rad, and Arline the sager of Mittel; and compel
the Appellee to pet himself arm she country. So likewise
it the t rime he nutorions, as if the thief be taken with the
',ablate, or the weentertir is lbe room with a bloody knife,
a. App hart may refuse the tender of betti-1 hum the Ap.
pdiee; 1..4 it is niireassonoble Shot as iwoormat IMO should
!Arlie Is. life against use who is already half-oravictesl."

I la% mg thus taken *short virw of the elementary
owe,. on Our laws, who lord delivered their opi-
salons on this subject. he should 1111 w revile ■ lew
lihtinieal works. Ile would do this

ir''

. ,
.s •
In slew, that 4ltere any:evidence of facile COnla.
miduced nd Alter aid., the trial by battle should
not He coucedrd. In the 24 sol of Ihsfresnes
Glossary. p. 'll7, it-witeetisted that tin trial by
indite was greatest, where the molter could be viell
proved by *km awns."
~Msoutonquiris,'
Esprilsitts,idnize IN 28, rap. 15, said, wagertof
battle bad been :ermined. to its omits?, isf..dostb..-
het, wkereolhe Nct wolf usitot nese, ns where a _waft
was assomisestestssiwidr io the market-place, neither
• Irish by witnemissorAsy bottle was allowed. fl
Judge deeidestifessie aloe mere notoriety of the
fact. le Ilmiontson'S History of Chinks V.
Ist sal. so. '275. he referred to Epitome BMW.,
Wl** COP. 'B3, p. 03, where it was alined, amongst
the remote esiossierated for • Judge'ss refusing
trial by Wile. that it onglst to le withheld when
•Ilie facto meld be otherwise willed. In Reeve's
History ir English Lore, ti I vol. p. es, it was
stated. tint the dption of trial by batik was not so
wholly left to the piety appealed, but that the
Judge assumed a power of control iu cases of a
reticolar nature. Thal when the case wee s,
clear that it stood in no need or further elucidation
(as in the instituters mentioned by Brehm). the
Judge would not mother the Defenalsist to wage
battle. in Henry's History of Great Britain.
vol. 1, p. 332, it was set forth, liat, where " the
Minion' could not bring feet% sir evidence against
the Defendant. Is, appealed to (leaven against him
by many different right's." ha the trial between
Lord Remy end Mr. D. Itemsay. when the Court
of Chivalry was held, sweording to Itusliton, the
Earl Mendel spoke its favour of the Court of Chi-
valry. and the right of appealing to arms—which,
he said, 11 was the last resort when sill others had
been applied lo—and eren then it was its the arbi•
triment of the Court. whether it should be suffer-
ed or not." The Learned Counsel next quoted
Erskine's Principles of • Scottish Low, p. 463,
where it was held, that trial by battle could only
be resorted to,. where no 'woof of guilt or inno.
crime could be load. He then referted to Correll's
Interpreter—to a work entitled Anti-Ossells, which
condemned, in unchristian. llor !mortice of wtigittg
hattle---to • Itembition of the House of Lords, its
1689—and to Cilskerheres Abridgment, in support
of hie argument. He also viewed to Brook's
Abritlgnsent. lit. Beatnik, lilac. 4. where it was
held, that a man, token sit the sun of a party, soul
who escaped. or attempted to esespe, should not
bifillowed irisbalsk. hog plic. 5, oldie same work,
it case of appeal of robbery was mentioned, which
took Mare before the Jadges nt Newgote.—
The Defendnot welded to wage battle, bet was
refused. he liming been Nicest aid, the nsuinonr.
In the case of Sir Robert Trentham and inhere, in
the year 1388, Iliat of Sir N. Brainlser was quoted.
" lie was bfOlight lip iii custody or the Coivitulde
of the Tower. charged with high tweet:). Ile de-
aired loonier time, to consult with some persons
learned in the law, ast to leis defence ; but the
Judges called on him to simmer all the articles im-
mediately. He answered, • Whosoever lea brand-
ed me this ignnminiou. charge, I Nos ready to light
in the lists.' 11iis lie mill with great rage. Isis
eyes sparkling with insligontion, while Ise threw
down his gage. 'llse Assielloists mod they would
readily accept the combat—soul those elm were
present threw down their gages so Wick, that they
fill like snow in is winter's slay. They exclaimed.
• We will prove this charge to your head, yon dam-
nable traitor.' But the Law Officers would not
sutler the wager of bettle—pledging themselves to
prove the reticles of !mown, by s. I evidence, be-
fore God and the Parlianseist." Ile now noise to
the case of Slongliterferd, /we Trials, vol„ xi.
p. 541. The case was tried leliore Chief Justice
Holt, in 1708. Charles Sbingliterfstrd was a miller,
residing in the County of Surrey—nail his 114111 was
in the employ of a mobster, in the souse comity.
Slisughtes fora, jun. paid his uthlresses to a girl
named Jane Young, and she left her service in order
to be married to him. Slue wile seen in his compa-
ny on the sth of October. 1708, but was never seen
alive afterward,. He was suspected of the murder,
and was tried and acquitted at the Lent Assizes.
The family of the deceased being poor, is subscrip-
tos woe Pet on foot for their relief, and Henry
Young, the brother of the deceased, appeuled
Slanghterford of the murder of his sister. He was
brought to the Queen's Bench liar, on the 2d of
December following, tried.and convicted, us strong
presumptive evidence. Now, if it had been sup-
posed, that the circumstance of hiss acquittal. or
the nature of the evidence. operated ass He to enable
him to wage Isis battle; 110 doubt he would have been
advised to do so.

COURT OF CHANCERY, WerraginsTat,
FRIDAY, FIIINUARY 6.

ToIIKINA r. OASIVEI. AND HALL.

Mr. Justice BAYLET—" Why?"
Mr. CatrTY—" Became, in it case of ouch im-
portance, he would rather have waged hi• battle,
than placed himself on his country."
Mr. Justice BAYLLY—" That is not a very satis-
factory reason."
Mr. Currey proceeded. Having thus endea-
voured to phew that where there was any evidence of
facto. or violent presumption of guilt, "roger of
battle oagbt not to be pursued. he would nest
apply himself to thew that the Appellant's coud-
ter-plea disclosed circumstances sufficient to ema-
blish strong presumption of guilt. The [Awned
Counsel here went over the principal points con-
tained iu the counter-plea, and contended. that
from the print or feet, corresponding with those of
the Appellee sad the deceased, in the harrowed
field, it was to he inferred that he pursued her.
From other marks it was to be supposed that lie
had overtaken her—and after laving effected his
purpose, had taken her in his arms and thrown her
into the pit--for, within several yards of the pit,
the print of the feet of only one person war oh-
se►vebk—and blood appeared on the new cover.
Mr. Justice BATLET—" You have stated no-
thing in the counter-plea fmm which it is to he in-
ferred that the decease,' was thrown into the pit.
Nothing appears to skew, that she did not throw
herself in, or that she did not tumble in. With
respect to the blood, it was not stated whether it was
on the clover while the dew was stn the ground.
You bare not positively alleged that it displaced
the dew."

Mr. CHITTY stehmiiteil, that in a cownierplea
they were not 'mood to swumd w those it chin-
calities which wtre nectiroory in an indictment. Ile
wall proceeding to comment on the circumstances
stated in the counter-plea, when
Mr. Justice BAYLEY Yost omit a ma-
terial flier. The ponies kft a house together at
twelve o'clock at bight. aud, about three in the

tattooing, tore seen at a style, rear Be in the
direction mfi• the harrowed field."
Mr. Curets,. then. proceeded to remnrk on the
circumstance of the riot of • shoe for the left
foot living observable On Abe side of the pit—the
Appellee being in the habit or wearing shnes made
far the right and left foie. He then argued limit
the feet of the Prisoueslhaving Maori urn has rlMlas
when taken, and Isis emu admission that be had
criminal intercourse with the deceased, afforded
ground for a violent Ip.resomptioss of guilt. As
strong a ground, he oloserved, as was acted on, in
the cases he lard stated. whros wager of battle was
refused. It now remained for him to phew, that
the replication of the Appellee could not be sal-
mitted. No case was (*wood on the books where
fresh facts were soffered to be introduced fair the
purpose of proving immense?, after trial had. It
was only allowed to answer the facts on which the
presumption or guilt was founded. The replica-
tion clearly admitted the circumstances on whi•zli
the presumption of guilt was founded. All the
Appellee further said was, that these facts bore out
his 'merino' of his innocence, more than they did
ours of leis guilt. He then stated some circusu-
stances, from which lie wished it to be inferred that
he could prove an alibi—sad finally insisted, that
his 'acquittal hall completely discharged him from
all suspicion. Now, admitting; that the facts stated,
relative to the alibi, were perfectly true, they could
only be brought forward as a defence On lair trial.
The counterplea establishes! a prima fade case,
which ought to go to a Jure, before al the cir-
cumstances cananected with en alibi might be stated
with propriety. We have established a case of
strong suspicion, and that is all that is necessary to
roust the trial by battle.
Lord ELLENBORouGII--" Do you contend that
the mere suspicion is sufficient ?"
Mr. CHITTY—" I do. my Lord."
Lord ELLENBOROUGH..." You have fallen very
much from your former high postdate,. that it-ought
only to be refused in awes slant did not admit of
proof to the contrary."
. Mr. CHITTY said, he was 0111 V benlild to main-
Nita, that the facts stated in lite counter-plea afford-
ed strong presumption of guilt. He begged now
to submit, that the very allegation of the Appellee,
that he was prepared to prove nit alibi. by many
witnesses, was sufficient to shew, that its this case
trial by battle ought not to be admitted. If be
had suds •iiiiesses. he should Irmo to at dory,
and not call fur the adoption of a snoile of
trial, that noglit to he reprobated by every
one. With respect to the effect of the argaitial,
the Act of Henry VII. grave to the Appellant the
like advantages, in if an acquittal had mit taken
place. The Act said, that the acquittal should
not 6ff-et the Appellant in any *ay whatever. Anal
they had seen that the Courts, us in the case of
Slisegliterforal, had 'admitted appeal, otter a v.r-
dirt of se/withal had been found. In Castairs
and Bailey, Yd Strange. p. 853--iii Wilson and
Keusieilu—a second tried was also granted.—
The Learned Gentleman then ploceetleal to remark
on the account which the Appellee pee, in his
replication, of the different hoots at which, evil the
different places, in which he bud beets seen, from
twenty-five minutes before five on the morning of
the _7th of May, down to half-past five—cud cow.
tend-al, that it was by no means satisfactory. when
ell the circumstances were considered. In conchs.
Mon the Learned Gentleman mih 000 i o ltd. that the
',element cemented in the replication was not suf-

CIRCUI7'S.

I r

HOME CIRCUIT, LENT ASSIZES.

ficient to entitle the Appellee to a see battle, and,
ilwrefore, he prayed the Court to set the plea aside,
and to grant a new trial.
LordELIANIIIOROUGH. after consulting with the
other Judges, intimated that the Court ouuld hear
Mr. Tindall, iu support of the replicatioo, the
first thing to-morrow (this) mornine.
Thornhill, on retiring from the Court, was as-
sailed by the gratin, and hisses of is great multitude,
whom the proceedings had collected together.

His Honour the VICE-CUANCET.LOR set, for the
6ryt t i ttt oilier hilt promoli to hie jiitheial unit,
for the LORD CHANCELLOR, hi'
engaged in the llonev of Lori. hearing appeal
cause..

Mr. Thi.t., on the part of the Defendants, moved
for HIS injunction to restrain the Plaintiff from pre-
ceeding an act' of trespass against them ios
Court below, and that an injunction against the
Defendants, which the Ploisitiff had obtained on a
former occasion, might be dissolved, muter the fol.
lowing circumstances :—The Plaintiff filed Isis bill
in that Court, setting forth that the Defendants
were stealers in, and spinners of, Merino wool, and
that l►e, the Plaintiff, was a manufacturer of greet-
ings and other woollen goods, and that he had
become indebted to them, and for the mmonnt gave
them a 1,111 of sale of his stock in A !soil, 1819, but
he co►stiuwed to steal wish shout sasprincipol °esti!
the Noveu►l►er fi►llnwing.'a•,'an the 17th of that
mouth, lie was obliged to act as their manager, at a
salary of UOl. per annum, afier which he accepted
several accommodation bills for them. He remained

as manager instil a dispute arose between them.
1111 d then the Defeasdatsts insisted on taking irons...
sisal of the stock. &r. under the 101 l of ',ale. The
Plaintiff applied to his Honour, the late Vice-Chast-
eel lor, on this exparte statement, for ass injunction to
restrain the Defelsol.sols from selling the psoperty
under the bill of sale, and that au accousit might
be taken before the Master of all dealings betirrett
them, front January 1910. to April 1813, and "hat
the bill or sale might he cancelled. His Honour
granted the injunction on the Plaintiff's under-
taking to go brfore the Muster. to Imre ad account
taken. To this bill the Defesidatits had pot in
their answer, in which they admitted the greater
Port of the ollegoliors of the bill, but set forth
that the l'lsintiti never had paid them the original
dept lOr which Ise granted the Lill of +sale. and that
while he acted as their moaner. he dill not iserforin
the duties of she ritual' Properly. inasmuch as
be hall digs:lomat to strangers their simnel transac-
t' . They ail 000 i o tril they had taken pcs.cssisist
of the stuck, &v. bust that they slid trot proceed Is.
oil. because the Plaintiff's Soliestor hail ',soil
Ilwut 49.11. which WWI the 'nice of the stork at ss
fair valtiatiori. not itivrail of she Plaintiff's totting
according to the late r, to

Judges—Mr. Baron GRAHAM and Mr. Baron Woon.
llerlfordshire—Thersalay, \larch 5, at Mei dos d.

..Earrx—Sloallax, March 9. at CMdmrfurd.
xruor.2.—Mmoday. March 10, at Ilur•ham.
Kent —lllonilay., March 93, at Maid.tuuc.
Nurreg—Numiay, \larch 30, at Kisr,r,ston.

NORFOLK CIRCUIT.

~11%,

Ju: tYd~ Sv

• ~••-.1.,F2
AL%
• • ,t,i.t0r5,K,V1;!.•.,t..;•••n0a... • •
' • •
gn be.fore the Master to have an account taken, he NAVAL INniLLICRACE.
toeil•brosight nu 'reboil of trespaia against the De-
fendants Ins taking peroration of the property, stud
the bamboo ni his (the Loomed Counsel's) motiou
was, that his 11 would, hr hit injueicti ~,,, re-
strain him from puseasdiug in that action. lie was'
aware his llonour could.ooly decide in one or two
IT ; the tirsi, that- the Manna should he enjoined
front proceeding in the action of twirlers' against
the Defendants, or that the injunction against the
Defendants, restroining them from laruceedisig
against the illsintilf for the debt due to them,
should lie di red.
The Plaintiff not appearing by Counsel,
Ili« Honour the V i cEaCit AN cKt.i.oa—" The an+
saw pit in by the Defendants, in my opinion, is a
satisfactory explosion. 'if the circumstances under
which the bill was tiled hy the Plaintiff; and it
also discloses what has taken place since the tiling
of the hill. When the Court granted the PI tf
the injunction, it was Oil certain conditions, our of
whirl, was. that he would go !mime the Master,
and bare 'au account taken of all the transactions
ffetwesu him and the Defesidants. This he has
not.dbiii. but, on the contrary. he hilt brought an
action of trespass. Such • Wet is certainly a
breach of faith wit!, the Court, moil which it cannot
submit to. I therefore direCt that the Maintains
woolly obey the former order ; and if 1w doer; nut,
the Court atll grant the injutictirm against I ,to
restrain I • from proceeding tints the action of
trespass. The order of the late Vice-Chancellor
was and if lie does not comply with
the conditions of N, let the injunction against the
Defendants lie dissolved, and the uynoctinn against
thr Plaititoff be taken as a matter of course, for I
will not allow the orders of this Court to be trifled
with; mid those who think proper to break faith
with it. may he certain that they shall not escape
with impunity."

MARK E7'S.

ilrichinghnnifAire—Smenlay. Frhrwrt 98, at Aylesbury.
Redfordshire—Withiraday, March 4, at Bedford.
/boa timodnaskire —Saiurday. Mart h 7. at Htiatiastdoo.
Cantbridgrrkire--Toraday, March 10, nt'Casibridge. •
NorAik —sa 'milky. March 11, at Thri ford.
Suffolk—Friday. March 20, at Bury St. FAntuntra.
J wires—A...on! ELLE soitouGH and Jessitice DALLAS. •

CORN EXCIIANGE, Faiovir, rEr.ftrAßr

COAL MAIM CT, rEMILIARN G.
RAly~t Ship% Rohl. "rove
_ .

PRICE OF

Ralik - 4891"
3 per Ct. Rect. 001 811 k
3 per Ct. C05....80//
4 per Cent+. 991:
5 per ('t. N. Ann. 104
10q 106
Bank L. Ann. 401 15-16
Imp. 3 per Ct. An. 791

COURSE OF EXCHANG
Arosterthma ....VI 1011.2 U.
Ditto at Sight 36 4
Amoterdatn 11 6 C.F.
Ditto at Sight 11 S
Rotterdam ll 7 2U.
Antwerp ea-mo 11
Hamburg" 34 0 2)U.
*Roma 34 1 211.7.
Parig3day's date 24 5
Ditto
Donnleasix do 24 25
Fratiktort on the
Maine 142 ex mo.
Madrid,etfeet
Cadiz, effect 39)
Ba celinia
!Whoa, effect 4O
Seville l9
Gibraltar........ 35
leghoin

BIRTHS.

PORTIKOLITIL rem 5
. .
Arrived the Tiber, Amu a entire.
Sailed the Astrea and Abeema trier/torts, with troops Cor
Chatham.

Remain, of the outward-Wood. the Lakin's, --„ for die
South Sena; stud Botchy*. Hustgassa, fur New York ; tlir
latter yesterday lost ass anchor, bat gut it azain this
PLYMOCTII, Fill 4. ,
Sailed the Policy, Slavers, for the South Sea.; ■ml Jaen.
Milli!, for Isedia.
MARGATF, FLC. r,
Arrived in our Roads Chia morning thr blitz Wiry, W.I.
liar, frogs Antwerp. fur L0gv.1,..i, with an anchor blukres.
having bees ran foal of by a schuuticr.

DARTMOUTH, Flu 4
The brig Ply, of 'tendon, Holman, master, on her
from London to Cadiz. in Whist, drove shore at 1.1114 oi
Sands, •hunt five miles from hence, at live ii'eliirx in tin•
morning—crew saved, and most of the mite' i:11., need 1:• ;
Vessel is expected to be got uff.

t.tv►:nrnot., FEU. 4
Sailed the Argo', Lyon, fur Calcutta.

Prlf., Fru 5
Sailed last night, after post, the Then.,
Jamaica.
Came flown from the Iliiree the London, C mph. 11, foe
Madeira and Chios ; and Princess Anieli.i. for
ditto; Dud several others are slow oo,l.iug uu;l. tlet
Galls.

attwctr%u, wen S
Arrived the Lavine; 114%Itley, from lierbire ; .1.164 nn.l
Isaac, C Mien, front Cadiz ; Miner of !Volk'', Strwm t, lions
CAIN ; 'lswo Sistera,Gaberi, from Dunkirk ; mud N. plum,
Slrivack, from Ostend!.
*tiled the Snouner, for Jamaica; Enteral.%
Drew, for Nevis; Ann, Hill, for Madeira, -ilnrons Ay pc,
ste.; Gardner, for 11,13rilisnore ; MAI y, P 111,11,011, t.r
Oslend Charminz Molly, Farriers, for Calais; Biotin r,
Cullen, fur klaniliddrelt ; Dunira, Huhiltou, for Inds ; told
Cumberland, Wilkinson, for Valparaiso and India.

We hive had hilt few fresh arrivals miner Mond ty, crw-
quently the %% heat trade this mmitirig wag hr jsk. muds urn•
kw fine sample* obtained rather better priers. Fine Hides
is full as dear; Malt is steady ; iu Pear, Ikans, eud o.te.
there is no material variation.

COI% 11111ret'Inell WI Urn, 'rnurtuuay, 1 ruuuARV h.
%Cheat, per load lBl —I; to 2ti/ 1.f.4
Barley, per quarter ..... "tag --81 to Ws
Oats. 21s .-41 to 31:
Rears 48. —II to 564 —4
Pests 4d. ..-41 In 2i
Rye --d lo

•N EW MIRY, BERKS.
Wheat 50s to 9la 041 I Oats
Rye to s thl Beans 504 a, 70. 0.1
Barley . 31i to 4i. Oil re...
Bread, 1.. Ilid. to 2s. I id. per Gallon.

SM)THEIEII) MARKET, FAIDAr, Fr :ARV

. .
Thl..hy'r Market was not well supplied With the elitfrres t
kinds of Cattle. Reef and Mutton were dearer : Vial and
Pork wild at last prices; and the fruit in ze orral a•as ousts -
slink Iht. The sales in the Hay Markel were trill:uc. Hay
awl Clover fetehetl better priors; Straw sold at last prize .
The followii:; priers and ■umbers nre au ncriirste otatt-
atitut :—•
To sink the offal per stone of Mh.
Ileef....Si 10.1. in S.. MI. Head of f':.ttle this day:—
Mutton .44. lid to Ili. 4I limits roll
Lando ...os. 0.1. to Os. 01. Sheep .... 3,1n0
t'iral....4s. 01. to Te. 0 I Calves left
Pork ...4s 21 to tle. 01 I Nitre .... ....... . lnct
If .IV-21 .% ItK ET
Hay... .... 31 3. Oil. to U 10.. 01.
. Straw
Clover 4l. Ow. OA. to Kt. Vie. ILI.

NEITGATI: AND 11.F.A.1)EN14 44.1. Al Alt 1.. Is.
(Ay the Car rm..)
reef .... 9w 4.1 lu 4. 4,1 f Vcal 4 01 111 04 4 1
IU Uo4 4.4 0.1 lo 4, M.i Pork.... .5 k 1,4 5s

77 Newcastle 204 .... 304. 3.i. to 4%4 6.1,
11 Nom!inland
1 Halbentla Coal - 4. 0.1.
1 Cinders

By a letter from Boulogne. dated NlntoLtv
we Writ that the weather has been most tempi•ato.
nos along the French coast, timing the last Kr. k.
On Saturday afternonn a etnugglitit: newel wag !let
ithin a /tone's throw of the l'ier Head, amd w.•
regret to state, that the whole crew, can klieg of
nine Englishmen ,d one Frenchman. io

S YESTERDAY.
India Stack - 4dl
Ditto Roods .... 9,4 tui
South Sea Stock $s - Bftt
Ex. Bilk, 2.. 19 t!I
Dilto, et.... -21 14 t t.
Loiters Tickets, of.
Cons. for A cc. BuilVs;:

IE, FRIDAY. I'ILIBRUARY 0.
Genoa 471
Venice Ital. L►e O4 70
Malta
!Valdez
Palinr►d 120.1.
sfr
Oporto fit
Rio Janeiro 65
Dublin sl per et.
Cork.... . ..... 9
A:ioof the flank on Ilullsind
2 per Cent.
■111.1.1011.
PorioEal Gobi in .0 r. t.
Coin. per 0z....0
Gtolil in Mini 0 n 0
New Doubloons 0 0
New Dollars .. it 0 it
Silverlie Mars. 0 0
Nee Innis, eaelt..o 0 0

On Wrilnesilay the Lady of the Unit. Dummied Burt. U
of a son and heir. at hi. I c.iilrricr in I'tna~hllY.
OH the 10th Jnito nc, At Naples, Vie I.aily of 'll).lsl3•tir
Clifton, E.g. of a eon *nil lirir.
At Bath. on t,t, the 4th inst. the 1. I.f
Sir A. Hood, Ba►t. of a tlaii%liirr.

DEATH.
On the 3.1 init. at How,h.int, ag..l 4.5, MIS. C:tulm'ev,
widow of the late Henry Chulniley, L• 4;. 44 Dunahaw mut
Whithy, in the county 6.f 1(01k.
HIGII IYATI.II THIN DAY AT LON DoN OCr•
Wining 42 after 3. I Evening 57 ann. 3.
LONDON : Printed and Put!ithed at thr °Aire. K, i I
Strand where A arertileni:nta are an.: 1.e.1t.
(!mat 1)14.11 mu** he 1.14,06, 66.11—C. 3111TH, Na I .
C'ensent'a .1. N., 127. Rt.. 4, t.
P.. 111.6106.

he 1w found with the erniaossr."
• Mr. 4711ITTY said, that was the rev with respect
50 the sinsivonr—het it was not so with reference tO
cleave. That nerwation lie might iraverse.--•w•
. plead is charter of icirdon for it, wheel' dill not take
from him the right to wage battle. Mr. Chitty
k - thwii quoted a number of essays on this subject.
whirl. pew to lw fraud iii the second volume or
• Hearse's Aotirities. ' The generiel brad given to
'. i thew. pamphlets was.. " The ISllligliiiy, mw, and so.
lemnity. of 1 roistel Combats in Englaild." Amongst
otliere who rotetnbsoed to thein,.were Sir R. Cot-
.
t.m. Mr. Davies. Mr. Chriptriplor AVltitcomb, Ste.
r
who Stated with one coin-nitro voice. that whiete
Slier was eiotrist presumption of guilt. the 1/e-
-f-ssilatit was ousted of his wager of battle. The
1....riwil Counsel thorn . called their Lordships'
I otlessi ttttt to Illr. l'ultiiiiis woik on the. Cri.
Mama lAss, which was published in 1609, and
ses...t through, Cow. editions i•• fonder.° years.—
Ile. jot p. 185, Irate It, lit. " Trial by Battle,"
staled, that " there was an ancient trio! of the plea
of not redly. at the common law, ranch used in
former times, whirls was hied by combat, °Mimi-
-1 • Illy in Kittle with the Appellee in is charge of fe-
lony. TI gh apt an much used now as in the
t time of F-ilward IV. Richard 11. and Henry IV.
1 ,et it might be nerd at prssent, unlesis some good
rmiond were advalired sgssiiist the counter-plea."
1 And, in page Is*, be gave the amine 1141154111 that
.. ;
Stounsiord eliliseed. for permitting the Defendant
in ass upland to try Isis cause by battle. He also
stated, as Striansford had done, that a whatnot pre.
. lotion of guilt w mild be a good counter-plea to
~ .i. pin tlw Appellee front ouch trial. And pointed
••• ..in, as sails-sit presumption, the binding a noon with
a bloody knife. near a deed herby—t he circumstance
of a person being (mold murdered in a house where
11 r others were, none of whom raised the hue and cry—
and the attempt. when arrested, to escape from pri-
, ton. In Coke se tisane", 294, B. title Kaßat-
.
I
guile, the wager of battle. on a writ of right, was
described Is. signify. in the common law, a single
11 combat. in which owithey Plaintiff nor Defendant
I should light, but etch should appear by his cham-
pion. This was the course pursued, because, if
either were shin. iiiiiiidgment could be given with
respect in the hind in dispute. But, in criminal
care. the parties fought iii pens's); for, if the
2 4, Appillunt were plain, the Appellee gained his
suit, and an tier rend. In Flack's Law, p. 241,
. the moor observations were made with respect to
, . battle as a writ Or right—and he distinguished it
. •
limn the appeal of felony, in which is violent pre-
• • r &limpness' of guilt ousted the Appellee of his right
to wage Iswltie.'- Sir J. Hawkins. in his Ileot of
floe ('rote", lib. 9. rap. 45, err. 7, observed. that
wily Pfiss.isff might counttrillea a wager of battle
. .
by alleging 'at* matters against the Defendant,
I . all might induce a viand presumption of guilt ....
•
and he gated the saute instances that were ennui.-
latest us raw oilier authorities. Mr. Justice Black-
.
%%cow, iii his 4th Commentary, p. 446. had tlw fol.
lows-g .host ..-pivisrr an the wager of battle ;..
o Its. Lao ti) I. 11. I, doe., or sleek combed, was another
ii *peeler of pr. imisrotions appeals to Provisteoce, sander an
•.. • vprciativie deal prince would sameesiisaahly give the
‘ici.or) in lbw innocent or mimed party. The *attire of Ibis
trial, in rams of I it il injury. upon issue joined in a writ
of s.thi. was folly discussed in the mecedkier Imok• To
shots I have only to add, that the trial by ballet may Le
tiensandell at the election of the Appellee, is either as ap-
peal IN Oil iipprovenseat; sod that it is carrierl WO with
. tie.' sub mail) es that tose a writ of tight, bat with this dd.
f meow, that there i ark party alight hire a champion had
\ ,
1.4 c Its, toast fight in theirproper penotis. fold :here,
... 1,..., if she Appellant or Approver he a woman, • priest, an
ti infant, Off of the age of AO, or hate, or bliss?. he or she may
i oontrip'iml, and Arline the sager of band; and canape'
the Appellee to pet himself upon the country. SO likewise
i it lite i rime lie notorious, as if the thief be taken with the
ivaistorr, or the murderer in the room with a bloody knife,
et.- App Slant easy refuse the tender of baticl from the Ap.
p.n.,. ; i.a it is enreassinoble that no iaaoceul mass Shrink
rtahe Mn life spinal out who is already half-coavicted."
Ileving thus taken a abort view of the elementary
owe,. on slur laws, who had drlivered their opi.
salons on this subject. he should sissw revile a lea
paspiii;es trouts lihtutical work.. Ile would do thi,
i
1,1
•
- a.
- • ill'.
-1-

from him the right to wage battle. Mr. CI
then quoted a nonsber of essay* on this vithi
oleic!. •err to he filmset in the sorrool velum
Ilearee's Awirities. The general !WWI give
these pamphlets vim.. si The nulMlsnty, tow, ant
lemotty. of I.roydel Coadat• is, Friglaiill." Arses
others 'who voretnlitord to Iltrin,.were Sir IL I
Mr. Davies. Mr. Chriitritilor
who •iested with one cooroirrot vole?. that w