The British Press; or, Morning Literary Advertiser.
London, England, 1818-07-14 00:00:00

HABEAS CORPUS.

caowt.ev, ea the ;natter of CROWLEY, a Bankrupt.

Sir SAMUEL ROMILLY stater♦, that he was now
read►• to reply to the objection taken by hi. Learned
Frirrid. Mr. Rose, that the Court hod not the
Dower of issuing a writ of Habeas Corpus out of
Teton. The case of leaks. as quoted, was not in
point. It was nut necessary for him to State the
seditious expressions said to be made use of by
Jenks at Guildhall.
The loaD CuANcELtoz—., From whose Its,
ports are you stating Jeisks's case ?"
. Sir S. Itomel.l.T said, from Mr. William Hone's
late edition of the State Trials. He was aware
that the case never was fully given in a printed re-
port, as there were but three manuscript copies of
it. which had been in the possession of the late
Mr. Hargrave. In that case the Monarch conde-
scended to put several questions to the prisoner in
Council, and he was committed by the Privy
Council ; and an application was made to that
Court for his disc:large, he having been brought
top by a writ of Habeas Corpus. The then
Lord Chancellor (Lord Northiligton) donliled
that he had authority to act. The Fourth In-
stitute of Lord Coke was quoted to hum, in
which he says, " The Court of Chancery is
always sitting, and can issue a writ of Habeas
Corpus out of Term, hut that the Courts of
King's Bench and Cum Pleas cannot," . What
Lord Northirigton said on that occasion was. that
Lord Coke was nut infallible, and refused the ap-
plication; but what watt that doing? why not more
thani every rational mast knew, that infallibility
was not the lot of now. The opinion of Lord
Coke, however, was confirmed by that of as great
a man, Lord Hale. It was their for his Lordship
to decide whether Lund Northingtom was not liable
to fallibility, and that his uostipported niiiiiioto was
not to weigh down what had been considered for
ages the best authorities on the case. The 11.nik-
opt had made an affidavit, stifling, that it ails not
his fault that he had not made the application to
the Court sooner, but that it was Owing to the tie-
elect of his former Solicitor, tlll4l that he !lever
knew of the clause in the Act orGeorge 11. Under
thane considerations, lie had no doubt but his
Lorshohip would think the writ of Habeas Corpus
prjelly issued.

Mr. i:ut.Lew followed nn the some side.

'.lr. ROSE Said, that lii Learned Friend, Sir S.
Romiliy, lord not atisweled his objection. which was
gutitidril on the Act of (CO. 11. which provided,
that the person itt custody must apply to the Cows,
if in vacation, at the expiration of two Terms,
otherwise he would not be entitled to a writ or
IladwasCorpus.

The LORD CDR NCEI.I.OII—" Thia Court never
clusts. It certainly :•it, at tVrt.liniiistrt 111 Terns-
time, but it is uliesi rvrry (lay In the year. if call.
rd upon."
•, Alt. Koss, hi continuation. (-mitt-tided that Wen
opplacatiuta tia+ made alter two Tema, the Cuuat
iiu
The LORD CIIANCI.I.I.OR—" Th• Art
wakes at tlittitictiou lartwceu tlor Cueit et.d the

Courts to understand this s
writ of Ilelikes (*cirrus id Co Law,
ktiow,' *Stir !Ismael, that bankrupts come
d.frient grip—mune by the ruder f the Conrt ;
lint I have always thought it best chat the t ►huuld
Mme tip tinder n writ of liniment' Corl•ns, 'as liesug
1""reIth". The 10.3.011 ahy the t'.•nrts t,f Law
could split iii vscistion grant a %rat .if I latietis Cors
pus wits, because
Lew, and it was doubtesl whet's. r nut Judge could
de what was the duty of the r hole. \I list is 11w
distinction that fiiirjeasit °wilts'''. Act make•, that
it Judge an vacation can issue m writ of Ilitheils
Corpus? This Court is left out in hid' Act
grater, mid why ? because it is always sitting.
thitik the authorities of Lords Coke moil Hale very
i.Trest ; they strengthen the light and power of
Chancery issuing a writ at ell times when the
King's Bench ■aid Common !Ness could only do
it in Term-time. The ease of Jenks wits decided
by one or the greatest Judges that Ibis country ever
knew. IV hat wer► the merits of that case Ido not
know, but shell be able to inform you to-morrow
morning, as that late most excellent Judge, Thomp-
son. gore me one of the Manuscript copies which,
had beets in the postitawitai of the lite Mr. (brier:ire.
&ly °wilful at present is, that the Chancellor hits
• right to issue a c law writ of Haloes Cor-
pus iii vreatioir, after two Terms hare elapio al ; hot
that it has slot the right to issue the statute writ.
Ism thereto's- cnturiocett, that the prssrut sitA,
issued properly."

•
COURT OF IC 1 Nws Comonarl,
lIONDAY, JULY 13.

Sittings after Term hefbre Mr Javier ABDOTT,

and common Juries.

BOUSFIEf.D V. CROOK.

This action was brought to recover damages for a
trespass. ei el armis. alleged to have hero commit-
ted by the Drirlitiatit, on the lir. ini.rs of the
tiff, II respectable aiti‘rney. 111 r. Bousfild, it ap-
peared, resided in a house in lionverie-strert, Fleet-
street, a..d was iu the habit of p.iying the rent.
when it became due. to u person of ti:e n.irne of
lls ke. Tnis 114.111 turd in bacon s'. twit had It
s,o of b 11110'111/ley wiled mist him about
three yews ago. •Flie consesin e nits, that Mr.
Boollfirlii, l'ollCel that 1:0 Colllltetent atithor:ty
ex:sted, except in Clarke his anotgort.,. to com-
pel him to pay Wilt, l'used the avplictimos Ohit
were made on belialforlillis. Elhoit, to whom the
properly had been beqUeittheirlOcr rubor, . In
May, 1816, the rent, whichwas 451. per
bring unpaid fir a year and a cpt.,iicr, a distress.
was executed on the premises by the f) f.
The person employed by Mr. Crook reniaiited for
few I ain po•Ression, and then left the lion,r,
this Plaintiff having executed it bond of irph
for los security. For this trespass theliiilieot action
was brougheo..me. E. Liws, who Stated the case
for the Plaintiff, observed' that his client did not sue
fir the purpose of getting: large damages, or to
swell out a hill of c,.sts. To prove this, he assured
the Jury, that his client, instead of pocketing any•
damages that might he given. would freely sub-
scribe fluent to :mole charitable institution. Ilia
great object was to clear Ins • redit from any
vourable impressiou, which the fact of as MAsess
having been in his house might create. •
Mr. Justice A ttuoTT paid, the Jury would find a
verdict, in plopottion to the topery, if any, which
the Plaintiff' hal sustained, nod without reference
to any other circumstance whatever.
The fact of the distress havinq been made on t; e
Plaintiff's premises, wa.: proved by three witi!‘”s, .„
Mr. MARRYATT, fur the Defendant. eared wit-
nesses, who dewy:v(l that Mr. (Make had merely
collected the rant fur Mis. ha hott, and that hit h.
gularly handed it over to her, n: the owoor i.r the
premises. Mien lie becaire bankrupt (1 circum-
stance that did not interfere with th:s property, us
it was nut his), lie desired Mrs. Elliott, a' pav,no,,t
of rent was refused, to cause a distress to lir
on the Plaintiff's goods. Beat was then due t.o
year and a quarter. An order was in conarqoence
made out, slid a person of the name of Armstrong,
accompanied by Mrs. Elliott, made the distress, iu
the moat delicate and forbearing moaner.
The Plaintiff, under the direction id the Learned
Judge, was Nonsirited.

NAVAL INTELLIGENCE.

ponrsmotrru, JVLY 12.
Arrived the 11.ivario, from a Mille.

The Tope ti irate will sail for Bengt! on Tuesday, if the
wind is fair, and the Livcrpoul the latter rind of the week.

PLYMOUTH, JULY II

CAM! in the following Irinotpos It, viz. the Nimes vx,
Etta'lsfortl. and Reguia•, ...jilt the regint:•lit uu bujids
from Malta : sailed the 411 ult.

FALMOUTH, JULY 9.

Arrived the Lady Weilinztrio tisehet, with a wail from
Rio Janeiro?. &ailed the 10th of May, and I-rum Bahia the
28th ditto.

JULY 10.

Arrived the Conntess of Chichester packet, uch mails
from '.Malta: satlrJ the Ist of Julie, sod from Gihrall RE
the 24th of June; on the 2slls, iu let. 36 17. long. 7. 14.
passed through a Spanish fleet, consisting of a Iriame (1114
R brig, and 26 sail of merchant ship.. Two privateers
(..clmosicr.) then iu sizhi, with blue %%bite and blur celnties
dying. Alf° an irrd the Francis Fr...lilac packet, with a
mail from New York : sailed the 71h, a .41 front Halifax the
21%1 June. The Lady Mary Pelham packet was at New
York, and the Queensbniy packet was at Ilatif.x, when the
FiR 1164 Frrulint left. Sailed on the 10th the Stanincr
packet, fur Jamaica.
_ -

I)fAL. JIMA' 12.

Arriv4 d and mill,' for the Myer. t!,r R.O Andrus pa. k. t.
Dalaten, from Itarbu,tora; Witham. Comas, f. mo Tr
riutpeet, ft um thtvbee; Attr, Seol I, In.III ru)d, nittl
Irwin fur tulles; and the Etittheth. Isom Clititcr.
Came shown (mot the River and nits situ. the Phi ihtt Toh.t,
Tubb, for Pbsladelphla aud the Good Crw, Mum u, fur
A orous.

COME, MN 7.

Arrived Ibe Ferret, from F:)mouth.

Lrov int, JULY 2
The p! intl. of itraribi (tif Hull) paroied tam day with .104
payable fi•b. front liternlond. The Captain 'Moira the
will lie• good to gelieral. Hiatd nuthiur of the
discovery shire. She caught Inc Ihli to the suuttiwaid of
the 70th degree.

The C0mp4,1).1 slops Prineeu Amelia end Lon-
don pHitrei company the 120.11 II; the former
I tees '.lf th<• Cape no the 30th of that mouth.
Tile Lee, Captairo PAsco, which armed it r.ye
mouth on IVethseettay, felt the ettereiotsig egtottdron
the preceding 'wetting, ell well. end twit. d mom oh
Fraley. olds letters awl pipers for the mattedrets.