The British Press; or, Morning Literary Advertiser.
London, England, 1818-12-25 00:00:00

ROBBERIES DURING TER FOG.

On Wednesday night, the Lion and Lamb public-hoiem
was catered through the lest floor window, by robbers, who
broke open and rifled a number of dritwers, desks, he. and
carried off property to the amount of 501 and a 101 Bank of
Ea' ntland note. They obtained entrance by means of the
bleip-post, which was immediately under the wiud.iw.
It appears by the following circumstance, that the robbers
of Sanstiwark have most craving appetites. On Wednes-
day 'vetting the entire quarter of an ux, weighing one hun-
dred pounds weight, was stolen from the situp of Mr Kees-
bile, hatcher, Lambeth-walk, during the fog. On the same
evening a whole sheep was carried off from the shop of Mr.
Garman, butcher, in Kent-street. A constable beiug on the
spot at the time, pummel the robbers, but did not succeed
ia apprehending them.
A most daring gang of thieves have, daring the last four
slays, taken the advantage of the weather, and committed the
moat outrageous depredations in the neighbourhood of New.
port-market, Gerraid-street, and Cratibourn-street, and also
Warrlonr-street. Several gentlemen have been knocked down
and robbed of their watches, seals, &c. The constables
have vainly endeavoured to secure the villains. Their flash
names are Col. Bartow, Capt. Thompson, Major Mat, and
six other persons, who have also assumed fictitious names.
A female who resides to the family of Mr. Hall, 94, Strand,
was knocked down in Southampton-street, and would have
been robbed had not some persons fortunately come up at
the eminent. She received such a desperate blow that her
situation is extremely dangerous. She spit up a quantity of
blood, and has kept her bed ever since.
During the whole of Wednesday night, and a great part
of yesterday morning, a mob of about thirty thieves infested
Deary lane and Lincoln's lim-fie Ids, knocking persons down
and rubbing them in the moat barefaced manlier. Previous
to the watch leaving their posts yesterday morning, right or
nine fellows surrounded a chaise, which was waiting sit the
door of Mr. Saunders in Queen-street, in order to convey
that gentleman out of town, thinking that it wan a vehicle
which had broken down, itud under pretence of rendering as-
sistance, endeavoured to commit depredations. They
knocked down Mr. Saunders; bat before they could rob
him, two watchmen come up, and took one into custody,
routing the others. He was lodged in St.Giles's watch-
Imam

The Earl of CLARE. Countess of CLARE. and
Lady lIARELLA FITZGIBBON, ho►e left Mount
Shannon for London.

M►. PEARMAM, late of the English Opera, Mr.
FOOTE. And Mr. CHAPMAN, are in the list of prr.
formers engaged by Mr. DE CAMP for the opening
of the Newcastle Theatre.

Mr. HAMERTON, from the Covent-garden Thea-
tre, made his first appearance on Monday night at
the Edinburgh Theatre, in the character of Young
Norval, in the tragedy of Douglas.
SURREY Tiimax.—Notwithstanding the short
time this house has been closed, it re-opens with no
less than three new pieces, each of which. report
pronounces, equal to any of the author's most
favourite productions. Mrs. llostne, Mr. T. P.
Cootie, Mr. GIBBON, all from Drury-lane; Mr.
FRITH, a very promising provincial actor, and 14,.
veral new candidates, are engaged to perform in the
numerous dramas said to be forthcoming.
A remarkable circumstance lately happened in
Glasgow. A lox was discovered in a timber-yard
in Clyde-street. The workmen were immediately
collected, mid measures adopted to effect his seizure,
but fur the time lie made his escape. Intimation
was then given to some gentlemen, who delight in
the sports of the field, when lie was caught, and
carried off to slier, his swiftness elsewhere. It is
thought that the fox had been about the timber.
yard for three weeks before he was discovered, as
the remains of poultry were found lying, and he
had been often Peen, as other u sky-larkers" are,
by the watchmen. One of these nightly guardians
asserted, that he had heard a hen making a noise,
at the time reynard was running off with her (coin
the Ropework Entry.

On Wednesday evening. about five o'clock, during
the fog, as a cart belonging to EDWARD Duna er,
Esq. of Tooting. Surrey. was passing through
Whitechapel, a trunk containing a quantity of
wearing-apparel was stolen therefrom.
BURGLARY.—On Wednesday night. or Thursday
morning, the dwelling-house of Joua M.TAna arm
Esq. of Nutts Green, Leighton. Essex, was burgia.
riously entered by an organized gang of lionse-
breakers, who infest that part of the country. The
villeins succeeded in carrying off a quantity of plate
which was on the sideboard, the servants' livery from
the Hall, and la in Bank of England note.; they
likewise emptied the pantry of all the provisions.
This is the third time the house has been rohbtJ.

On Wednesday last a Kirkcaldy pinnace arrived
at Leith, having on board two ponderous bows, iu
lauding one of which the bottom gave ►vay, and, to
the consternation of all assembled, a dead body
fell upon the ground. The other hot being exa.
mined, was found to be filled with similar contents.
The peesons who I►ad them in charge were mime•
diately detained, and carried before the Mogis.
trate% who ordained that tl►ey .Gould be re-convey.
ed, along with she boxes they had ►n charge, by the
same pinnace, to the port front whence they came,
Under the care of two constables, and by them to be
given over iu charge 14 the Magistrates of Kirk►

L4W INTELLIGINCL

I 1. •• •
VICLCHANCFLLoRs colinT, ..111c0L11.11
Tuutasimit, Ukt..4mula 24.

THE ATTORNEY-GENERA'', tit the ratitiols of the
Mary is of ULANMOND unit the Mote. Anita
ELLIS v. /its Grove she Doke of nlAßl.noaou :H.
[For the circa ils*ltillrei of 111. chase, see this Paper
of Satuiday met Tuesday lase]
The VICE-Cit isceet.ero—•' Yew, Mr. Bell,
eiippo:t the &lo aner. los erode% the ease, ynu
most consider it ,is if the Act of PallieMetet paw-
l:lg the ',elision 14 5,003/. per ...mum tm. the Duke
of Nlavlleirough, and lots successors. was eat out in
the p!eartings."
Mr. BELL wit' hr Comore' for the Dr.
femlint, tool 11% sorb, it tva% Ili. duty to coote.id
the. the demurrer ought It, lie allowed. The Act
winch had been inetitioned by his Honour. WWI a
public Act. He thought it solved itself into three
yeestions: the first as it related to the house I,e
Blenheim ; the second as to the cuttieg of the
bather ; and the third as to whether the inlorinstion
would lay. He was dilly uwaie of the great dis-
advantage of every Counsel in arguing in support
of a demurrer; for by the demurrer, it was supposed
that all that was stated 1,1 the bill was true; besides
the demurrer could not mond without it affected
the whole bill. lie wool.' take it that iu such an
estate as the present, there were certain nu lilent•.
of waste which" could not he preveolvd, a ',hoot
there was sometheig skew!, iu au Act of Par-
liament to the coetiary. The Learned Counsel
in support of the lamination, had it in their
power to put the most (nitre case, whether the Legis-
lature did intend to allow so and so ; but Chit ear
not the way of [iodine the question. It was, a lie-
ther die Legislature did not Intend to intruei to.llie
honour of the succession of the great Duke of
Marlborough that they would du what was right.
If that was not the intention of the Legislature,
they would have limited the powers glens, to the
Duke, and put it into the halide of trustees.
Would it be said that the Legislature meant to tell
the great Duke that they condenmed him to live in
a house that might become not in a habitable state,
and that he should not he allowed to cut down a
tree, but it moot be allowed to rot until it fell on
his head ? If this was the argument to he held out
on the other side, the first Duke might have planted
the grounds on one side of the house to represent
the battle of Blenheim, and on the other side to
represent the twelve signs of the Z•idiac.
The Vics-Ctiaticeet.oa—" I um afraid, Mr.
Bell, you do not take a right view of the case.
Court will not condemn any Duke of Marlborough
to live in a house not fit to be inhabited, line till it
prevent him from cutting down a tree ; but it will
give him the honour of residing in the house of
Blenheim, with permission to beautify it, but not
to do an act of destruction to the injury of the
house of Blenheim. The first Aet of Anne, I per-
ceive, takes no mince of Blenheim house."
Mr. BELL said it did nut, but it mentioned the
house of Woodstnek ; the reason the house of Blen-
heim was not mentioned, was from some cruse not
generally known. It was not finished until the
time of George the First, and the tradesmen were
paid by virtue of an Act in that reign.
The VICE-CHANCELLOIL—', The reason of that
was, that the Duke lost the Qiieen's favour, and
she did siot go on with the building."
Mr. BELL, in continuation, said, that the Act
of the sth of Anne had no restrictive clause, ex-
cept that relative to leases, which only went to pre-
vent the alienation of land. There was not a word
relative to house or woods in it, until they came to
chapter A, which began with the recital of the ori-
ginal grant ; but there was a passage in page 320,
which set forth, that the House of Cumulous had
addressed her Majesty, stating that, it, consideru-
t. of the great services of the Duke of Marlbo-
rough, and as her Majesty had been roost grit.
cionsly pleased to erect the mansion at Blenheim as
a monument of his glorious actions, and that the
House of Peers had conferred his titles and estates
on !dm for ever, they (the Commons) wished to
express their gratitude to him for his valorous ex-
ploits, by enablilig him to support his dignity la
the house of Blenheim. therefore they granted
and his successors 3,0001. per annum, for ever, out
of the revenues of the Poet-office.
The VICE-CHANCELLOg—" When the Coin-
nsons gave the 5,000/. per annum as a gift for the
support of the dignity of the house of Marlbo-
rough in this national monument, the house of
Blenheim, did they not menu that it should be
maintained and supported ?"
Mr. BELL void, he felt the force of liis Motioned
observation ; but his inteutiou was to go through
all the Acts which bore on the questiou, and ground
his argument on them. When the pension was first
settled, it was limited the same as the house and
manor of Woodstock, and not a word said of its
being settled on the house of Blenheim.
The Vtex-Coaucer.l.Ort—., The pension you
allude to was only settled on the Duke of Marlbo-
rough during the life of the Queen. She had no
power to give it for s longer time ; but this pension
is to him and his successors for ever in the house of
Blenheim."

Mr. BELL said. when he argued the cue of the
Attomey.Geoeral, at the relation of the Duke of
Marlborough, a. Davis. before Lord Chancellor
Eldon, he contended that the pension from the
Post-office was liable to he received by ti receiver.
The Lord Chancellor tl ght otherwise, as the
clause in the Act said, that the yearly pension
should be paid by the Master of the Post-office for
the time being, without the interposition of a war-
rant, and into the hands of the then Duke of Marl-
borough. His Lordship Hi-lowed the receiver to be
appointed to the tents and profits of the tataty, but
would not permit him to receive the pension.
The VICE-CHANCELLOA—" f urn rule the
Lord Chancellor's attention was never called to
the house of Blenheim alone, the dispute ras net
between the house unit the pension, hut between the
estate and the pension."
Mr. BELL—Certainly it was only arKtierl ns a
question of proper►y. The payments from the
Post-office to be made to the fonds of the succes-
sive Dukes, aultle it inalietialde ; then construing
that Act with the foo user Acts, it might thew it
was the intention of the Legislature to restrict
against destructive waste. He contend, d that the
preaent case was one that the Legistotore uevrr

• • e •, • •
•cutstemplated, ir they Lira, they would have put
clauses of restriction Ur the Act ; therefore it was
not for a Gout of Pipit). to take into itir counties
union wised it relight in have stone, but what it IV.
to illy did emirs. But the Legislature .101141.4 A to
the iloomisr or tie surces.ts of the first Duke to
keep every thing its *lair rier.l. If they sled scot
mean that., they woullf hove none as they dui w the
estate voted to Lord ‘Vellingt ((((( trustees
to ge.irry their ilitentions lute, effect. Ifc would a•k,
where the Legielature could more safely isstrinq
the protection of the properly than the pillar itself.
the successor of the great Duke of Maelinerougls
who supported the title? le. it was sent the mien.
II"ti of the iegtshonee end they minudsl he I elkirjet.
ed, the Court tun's' nut make iii; their rleticieserey
sad restrict. Its would ti-k, if eon Is a rase as Ant
occurred in the lite time of the tirst Duke, and bf
j.igmelit Oil is, round he slot says
I r eon 11 roller lake the estate depending on the
honour of my ienstaery, that there should be
clatues in the Aw to restrict them from doinee what
th-y would net Internist to do;" for if he said
otherwise, it would be. that " cannot trine to the
honour of even toy posterity ; and, therefore, there
mutt be clauses to restrict them, vo as to oblige
float to do honourable right." Conk! leech a man
as the first Duke of Marlborough suppose,
that his successor. would he ire de based as to
••COMISIti 1111 act- that would roily his name ;
they were ..obliged to believe the same e• ul
the contrary was in evidence In-fore theui, and
no such allegation was to lw found its the record.
The Noble Defendant only stood forward to sups
mist a right to do what be never Untended; but Ile
tl glit it was proper so estalslish it for those who
meglet succeed him. The Learned Counsel said
these Was another point he had rwritni to eateution,
flinch wag •that relative to the allegatious or the
law !nation. Three was not a word rond in it of
uts thiestened. destruction to the htnise oft Bleu,
Items by the Noble Defendant ; thesefore, if his
Hosionr thought that the Defendant might be te-
strained, bynejunetion, from injuring the hem*,
and sent from cutting thesis the tionlwessrlee .fill
must contend that tile el ter otiglit to be sit,-
filmed, us the house was not mentioned in the
information.
Mr. Witt Y' and Mr. IlaNSual followed on the
same side.

The SoLICITOIL-GENERAI. rc4e ou the part or
the Plaintiffs.

The Vice.Cuatscrtt.ott—i' It is unnecessary,
Mr. Solicitor, for me to hear you. 1 considered
this subject very much before 1 nietiiiiiiied it to f
C.:% I disclaim the idea that a Collet of Equity
can construe an Act of Parliament against its intim.
ing more than a Court of Law call. Bea they have
the right to are by initilication the meaning and the
iutenuutt of those making the eatitie. Therefore it is
necessary to take into consideration all the Arts ott
this subject, mid collect front 'them their :waning.
The first question then is, whether the statute does
restrain the destruction of the house of Blenheim,
and whether the record raises that eprestion. The 101 l
charges that the Noble Defendant lias cut orna-
mental timber, and that shading aii !).tot Ctitig I lie
house. The demurrer holds lie has mire-banned
right to do so.- I am of optmon lie has no ti;;lit to
do so, when it was the intention of the Legislainie
to maintain the house of Blenheim, whatiwer lie
suer do nn the estate which lie holds in tail. The
first Duke received this estate in t-e for his great
national services, the house of Bleiilieim is a. mit
mentioned at that time, but then 1;;,, Doke had no
titles that were not limited to his ni-de descendants.
Parliament thought they might to he granted with-
out limitation, and when they .came about in grant
him that greet honour, Iltry thini...tiit it ns.^rssaty
that the property should be annexed to 1!:r titles,
and applied to the Sovereign fur that porliose; and
there was an Act made, that the rq sirs of Wood-
stock and the house of Blenheim should go with
the titles, giving to the successive lin kiwi the estaie
ill tad, without being able to pass filltfl and rt.
covery. That important clause in the Act, giving
the pension, gives the former Act all the force,
relative to whether the 'Raise of Blenheim is to
be considered its an incidental loot of the es-
tate, or a distinct subject, to he annexed to the
honour* and titles. Am I not then to look ut that
Act, passed at the same time, or a few days after.
wards, which settled the pension on the Duke and
his successors, from the revenues of the Poss-office‘
far ever, when before it w 35 only a grant from the
Crown for the life of the Sovereign, time revenues
not being vested in the public? The words of the
Act are, therefore, no longer equivocal, what the
Legislature meant by annexiug the house of
Blenheim to the titles. The Sovereign give the
house fur ever, the Peers the estates bir ever
—and then the Commons, to 'Mew their grati-
tude, threw in their mite, and gave the pension
of 5,0001. per annum for ever. Theo time grati-
tude for the eminent ►ervices of the Dolce.
emanated from the three branches of the Covent:
meat, as they airy, es a monument of the country's
gratitude, to go down to posterity for ever, and
to be considered as a record of his great achieve-
ments. Can it then he any longer egoistical
what was meant by annexing the Lotto! of
Blenheim to the titles and dignities, When the
Commons called it a monument of public gra-
titude and a record to last for ages? I have no
doubt, therefore, but that the Legislature intend. d
the house of Blenheim should he preseised as a
monument of the gratttud•a of the country. Tht-le
can be no power of the destruction of the hour
vested in the Noble Defendant, theterme he
can have no power of destruction over the trcei
which shade and protect Ore house. As to
the question of cutting down the timber, shit
roust he argued when the injunction is moved to he
ritssolvial. If ever this Corot is called on to decide
the ortferenee between the enjoyment of an estits.
and the destruction of it, it cannot have any
culty in drawing the bete. On the ground•, th.ree
Pore, I have stated. I disallow the demurrer."

The fnmer judgment reverwd, and the injunc.
tinn continued.

THE. QUEENSBURT LEGACIF.S -
'FROMM' N. MONTGOMERY did ortillg.

Mr. HART aril that this was the Poition
the Countess of Yarniouthiipraying .t
be referred to the Master to approve gild tftpoit.t
her hosissial, the Earl of Vermouth, her trt,..r.., 140
rrcrive from the Drfeminists, the exe.uutora c 1 ,t,e
late Duke of 9ueeusbury, • coovlalice of terJA4