The Sun.
London, England, 1839-01-11 00:00:00

PRIVY COUNCIL.-(THURSDAY.)

(Continued from yesterday's Paper.)
PRIVILEGES OF THE SERE&ANTS-AT• LAIV.
Sir W. FOLLETT-The Learned Counsel the❑ referred to
the report of the Common Law Commissioners, which set
forth that no inconvenience was experienced from the exclu-
sive privileges of the sergeants in the Court of Common
Pleas, as the coiff was not refused to any member of respecta-
bility at the bar who applied for it, and it secured the attend-
ance of a bar in that Court. In 1705 a proposal was made by
Chief Justice Willis to bring a Bill into Parliament to abro-
gate the privileges of the sergeants. It was opposed by Lord
Hardvvicke, and referred to all the Judges, and the result was
that no such Bill was brought in. As the effect of such a
measure would be to destroy the degree of sergeants altoge-
ther, it was proposed that any barrister of a certain standing
might be nominated in the commission or the circuits.
Lord BROUGHAM-Do the suitors complain of the Court
being thrown open ?
Sir W. FOLLETT—They often complain of Counsel not
being in attendance when they ought.
Lord BROITCHIAM-Then they have the remedy in their own
hands.

Sir W. FOLLETT—Whether it was expedient or not that the
privileges of the sergeants should be done away with, he would
undertake to satisfy their Lordships that the warrant in ques-
tion was not legal. From time immemorial all the fines in
that Court were signed by sergeants. The Crown might as
well direct that they should be signed by attorneys as do what
it has done.

Lord WYNFORD—But Judges may hear attorneys.
Sir W. FOLLETT—NO doubt of it, or the clerks of attor-
neys. But if the Crown by its prerogative may direct such a
thing to be done, it may as well direct the House of Lords or
any other Court to hear no advocates but sergeants.
Lord BROUGHAM—The Crown may direct the Chancery or
any other Court to hear one Counsel before another.

Sir W. FOLLETT—Yes, by patent of precedence, or by ap-
pointing him as King's Counsel. But then the exercise of
the prerogative in that respect is inconsistent with the prac-
tice of the Courts. Lord Mansfield superseded the privileges
of the Crown in that respect, by calling on the stuff gowns
first on the first day of term, and that practice is continued in
the courts down to the present day, except in the Court of
Common Pleas. To satisfy their Lordships that the privi-
leges of the sergeants could not be:done away with otherwise
than by Act of Parliament, the Learned Counsel referred to
authorities to show that the jurisdiction of the Court of Com-
mon Pleas was founded in common law, and that from time
immemorial none but sergeants were permitted to practice
there. By the common law, also, the Judges of the Queen's
Bench and Common Pleas were taken out of the degree of
sergeants, and the Crown had no prerogative to interfere with
immemorial usage. Independently of the illegality of the
mandate there was no precedent for the Crown to interfere
with the rights and privileges of the Court of Common Pleas ;
that Court was founded on the same authority as the prero-
gatives of the Crown itself—namely, the common law.
Sir W. Fonum then cited instances of barristers having
been compelled, against their will, to become sergeants, and
offices having been imposed on them for refusing to accept
the coiff. He also could offer instances of sergeants having
been entirely discharged from the duties of that degree on
becoming Attorney or Solicitor-General. It was clear from
what was laid down in Fortescue and other authorities, that
no other person than sergeants had at any time practised in
the Common Pleas. It was said by that Court in the 11th
year of the reign of Edward IV. that they might refuse to
hear a sergeant, but that they could not deprive him of his de-
gree, yet the Court of King's Bench had suspended a barrister
because he refused to act as counsel in a cause.
Lord BROUGHAM-It is not now understoood that the
Judges can suspend a barrister. I think it was so held in
Wooller's case.

Sir W. FOLLETT—The question there respected the ad-
mission only as a member of an inn of Court. He contended
that not only the Court itself and the degree of sergeant, but
even the offices of the Court, were founded in prescription. It
was so decided in the case of " Scroggs v. Cholesley," where
it was held by all the Judges that the office of exigenter was
founded in a common right, and that the Crown could not in-
terfere with it. It was laid down by Lord Mansfield that the
practice and usage of the Court was the law of the land, and
therefore the Crown could not interfere with it. The Crown
might constitute a new Court, the .Judges of which might
lay down rules of practice according to the rules of com-
mon law, but not contrary thereto ; and the Crown could not
interfere with such rules. If the Judges thought proper to say
that they should hear only barristers, the King could not say,
" You shall hear attorneys." In former times such jealousy
was shown 'ay the public about the interference of the
Crown in the administration of justice, so much so that several
statutes contained provisions that the Judges should proceed to
administer the laws, and discharge their duty without being
deterred by the Crown. Now, if the King issued an order to
the effect that the signature of an attorney or of an attorney's
clerk to a plea would be sufficient, it would clearly not be
legal ; yet how did the order in question differ from such an
order ?

Lord BROUGHAM—Do you represent those sergeants who
took rank under the King's warrant, or have you any tender
to make on their behalf ; for those who took rank would have
exclusive privileges along with their rank, if the Common
Pleas should be again confined to sergeants ?
Sir W. FOLLETT did not appear for those parties. That,
however, was not the question ; but whether the warrant was
a legitimate exercise of the prerogative of the Crown. Sup-
pose the Crown sent a letter to the Judges on the different
circuits, directing that an appearance by a prisoner for an in-
dictable offmce by his attorney should be sufficient, it would
be the same as the order in question, yet it would be clearly
illegal.

Lord BROUGIIA ht—lf the Court bad no power to make such
an order, the Court of Common Pleas might not act on it.
Sir W. FOLLETT—Very true; but they have not objected
to it.

Lord WYNFORD—Any sergeant might have objected to it,
and then the Court must have decided on the legality of the
order.

Justice VAUGHAN—The letter was openly read by the desire
of the Court, and the question is, whether that did not amount
to an adoption of it.
Sir W. FOLLETT—The silence of the Court and of the ser-
geants cannot affect the legality of the warrant.
Lord DENMAN—Suppose the Court should now order that
Counsel should not be heard in misdemeanors?
Sir NV. FoLr.ETT—Or that the Court of Chancery should
hear none but doctors at law; it would be precisely the same.
Doctors have no exclusive right to be heard in the Admiralty
or Doctors' Commons Courts, except that which is founded on
usage and practice. This Court a few years ago recognized
the exclusive right of proctors to practice in the Admiralty to
the exclusion of attorneys. He would ask, could the Crown
interfere with the practice of the Palace Court or the City
Courts, where none but certain counsel are heard ? Yet the
rights of these Courts are founded on prescription only.
Lord BROUGHAM—I have practised in the Palace Court.
Sir W. FOLLETT—Yes, they will allow a foreigner to come
in when specially retained ; but then it will be only on condi-
tion that the full number of counsel belonging to the Court be
employed also.
Lord BROUGHAM—I really have no objection to a division of
the labour.

Sir W. FOLLETT submitted, on the authorities which he had
cited, and the reasons which he had mentioned, that though
the Judges of the courts might alter the practice, yet that the
Crown had no such power by its prerogative, and that the
warrant in question was an illegal interference with the
rights of the sergeants ; and though the Court of Common
Pleas had acted in obedience to the warrant, yet that did not
affect its legality.
Mr. AUSTIN followed on the same side, but
The Cocar rose before he concluded his address, and the
further consideration of the question was adjourned until the
Ist of February.
The Attorney and Solicitor-Generals were in attendance, but
it is understood that they will not address the Court.

_-
WRECK OF THE BRIG ESTHER.--The Lord
Mayor having been waited on by several gentlemen, who
expressed a very anxious wish that his Lordship would
sanction a subscription to purchase some substantial me-
morial of their admiratioh of the conduct of Captain Bo-
well, of the American ship Eliza Ann, in saving the lives of
eight British sailors, twelve hundred miles from England,
his Lordship sent for some of the Aldermen, in order to
avail himself of their experience and advice on a subject
which has excited much interest through the whole country.
His Lordship said that he had received a mass of letters
suggesting in the warmest terms the propriety of presenting
Captain Bowell with some marked testimony of gratitude
on the part of the British public, In these suggestions he
perfectly acquiesced, and he was glad that he had been fur-
nished by the agents for the Eliza Ann, with the ship ac-
count of the rescue of the crew, given in the seamanlike,
technical, unexaggerated style of one in the habit of saving
life. The Lord Mayor and the other gentlemen who were
most zealously engaged in the gratifying labour of carrying
into effect the wish so loudly and generally expressed, after
some further conversation, came to the determination to put
forward an advertisement upon the subject, and Alderman
Pirie, at his Lordship's request undertook to receive sub-
scriptions for a testimonial to the Captain and crow of the
Eliza Ann,
BRISTOL SUGAR MARKET, JAN. 9'--There
has been only a moderate demand for British Plantation
since ourlast
report,
We now quote low to good brown 555.
rt,butprices
have been fully supported
for all descriptions.
to 675., middling to good 58s. to Us., fine 655. to 675.
No sales to report in Molasses. Rums being exclusively
in the hands of the Trade, we have no transactions in the
public market to notice. Nearly the whole stooks of Ginger
and Pimento have been cleared off, at fair prices, for other
ports, Dye-woods of all descriptions are much wanted, and
very full prices obtainable for all imported. P.S.—Four
o'clock, Wednesday afternoon. There has been a brisk de-
mand for Sugar to-day, and considerable sales have been
made at prices which establish an ad vance of full is. to is. 6d.
ppr cwt, on previous rates.—gazeqe,

THE MARKETS

COUNTRY CORN MARKETS DURING THE WEEK.

W heat. j Barley

,ate.

r; :4 S.

Quarucr, !o.tos. ! 0. s. A. t.. s. 0. to
71 84 31 41 24 95 40 42
'6 74 24 21 24 3) 42 44
Cambridge.** 75 31 25 49
Chard 64 84 28 f. 5 18 22 138 41
Huntingdon 56 79 34 38 24 29 38 42
Long B.otton 5B 19 20 30 34
Louth 58 78 26 32 24 35 42
vnn—„ . 56 77 22 31 16 2t; i3O 32
Newark . (32 82 24 31 ! 19 28 31 43
No 1 tingharn 31 ' 19 23 35 42
th.•tk•thf ....... 59 82 ,35 42 22 29 38 48
Plymouth ._ . 39 34 20 2:3
Pot efinet— 43
Slenaconl 65 80 i 36 138 22 28 41 13
Eppingham 63 81 124 30 'lB 28 j 32 44
Wisbeel) (;3 82 • 20 . 30 :32
DEVI Z ES COON MARKET.—Jan. 10

~'••• EQ

8. is •

as ?3,3
32 33

32 34
- 32

__.....,
Per Sack. s it. s. d ' Per Quarter. s. 11. s. d.
First Wheat._ . 4l 0 to 43 0 Barley., 35 0 to 44 0
Second l7 il 39 0 Oats
; hird
155 S Sacks of Wheat soldl ..,.; I, Hour (pre t,g..., 58 60 0
at the average of ‘ - ; Bread liar ga11,),.. ) 8
___ 0
LEEDS CORN MA RK ET. Jan, is
Wheat, N•iffolk and Suili,lk, 6016
York. and Lincoln. 601 b. . ... ,
„ . 31601 s'. It o" 8401 :.. 3
---
1, ley, 'Norfolk and Sullitlk
---. Yorkshire and Lineol»sitire
- Grinding
Beans
vats, Potatoe .. 27s. to 28.;.J 7
—Mcaling, For, l Id. toll,l,itt Eng. 12d. to 13. i. per stone
Shelling 30.. to 33., rat load
Rapeseed, English, 30- to 32, ... Fsireign, 30 lo 32' 'tier las
L.VERPOOL CORN MARKET.—Jan, 8
WHEAT, English, White, per 71116
Red
Scotch, Welch, and Manx
... 10 6 11 2
Irish, White lO 9 11 0
Red
Foreign
OATS, English, Welsh, and Scotch, per 451 b. ......• 4 0 4 3
Irish
Foreign
MAXLEY, English, Malting, per I nip. quarter 43 A 47 0
—_— Scotch and Irish, per 6011 s.
Feeding 5 3 5 9
Bemis, English, per Imperial quarter 5O 0 54 0
Irish, Sec. ..... 44 0 47 0
Foreign
48 0 59 0
PEASE, English, per Imperial quarter 52 0 53 0
Foreign
FLOUR, English, per 2801 b. 66 0 68 0
Irish
OATMEAL, English and Irish, per 2401bs 35 6 37 0
INOIAN CORN, p(r 4401 h.
..... 3B 0 42 e
RYE, per Imperial quarter
MALT, per Imperial quarter
i IMPORT OP GRAIN the the Week ending Jana.
Wheat, Oats. i Barley Flour. Oatmeal.
Qrs. Qrs. Qrs. llForeign, 9rls. Irish, &c. Scks.l Loads.
13,344 10,593 1,299 2,357 45,090 13,346

LADY MORGAN'S " FLORENCE MACARTHY."--"
This most popular of Lady Morgan's Irish tales, which
originally went through five or six editions in the space of
a couple of years, is now presented to us by Mr. Colburn, as
the new volume of his " Standard Novelists," complete for
six shillings, bound, and embellished with two spirited en-
gravings. A distinguished critic has observed that Lady
Morgan's pictures of Irish Life are drawn with the force
and freedom of Miss Edgeworth, and with more than het
brilliancy and vivacity." " Florence Macarthy" is undoubt•
edly an instance of the justice of this remark. The cheap
and elegant form in which the work is now produced must
tend to place it in the hands of every admirer of truthful
and energetic delineations of national character and pecu-
liarities. " Colburn's Modern Standard Novelists," now
also comprise the following popular productions of our most
eminent writers, either of which can be procured separately
for six shillings, namely :—Sir L. Bulwer's Pelham—De.
vereux and the Disowned—Mr. Ward's Tremaine—Mr.
Horace Smith's Brambletye House—Capt. Marryat's Frank
Mildmay—Mr. Lister's Granby—Lady Morgan's O'Don.
nel—and the First and Second Series of Mr. Theodore
Hook's Sayings and Doings. These volumes are rendered
the more acceptable by their containing excellent portraits
of the authors, engraved by the Findens, &c.
GAMBLING HOUSES IN THE PARISH of ST.
JAMES'S WESTMINSTER.---The Committee appointed some
time since, at a meeting of the parishioners in vestry, ..t0
take into consideration the most effectual measures to be
adopted for the suppression of the numerous gambling esta-
blishments in this extensive and fashionable parish," have
held several meetings on the subject ; but it appears that
their labours are not likely to be brought to a satisfactory
conclusion for some time to come, unless aided in their ex-
ertions by the Legislature. It was deemed necessary that
the Committee should take evidence on the question, and
and this, up to the present period, has proved a very great
obstacle, from the difficulty they have experienced in pro-
curing witnesses of character, from whom the necessary in-
formation might with safety be elicited ; and it should hers
be mentioned that attempts to mislead the Committee have
been made, but fortunately without success. Happily for
the interests of the parishioners and the public in ge-
neral the members of the Committee are " men of the
world," and not to be duped by the agents of the lessees of
these dens of iniquity. On one occasion a party, who
styled himself a " gentleman," was particularly anxious to
give evidence on the Committee, who consented to bear his
testimony ; but, luckily, on his examination, some of the
members made inquiries respecting himself, which proving
not to be the most favourable, his services were politely dis-
pensed with. The Committee have also received with
caution the correspondence which has been addressed to
them with a view of affording information. Under these
circumstances it is understood that the Committee have
determined to apply to the Secretary of State for the Home
Department, and with this view a deputation will shortly
wait on Lord John Russell to ascertain whether her Ma-
jesty's Ministers have in contemplation during the en-
suing Session the introduction of any measure for the sup-
pression of public gaming-houses.
An old weather-beaten sailor was on Tuesday brought
before the sitting Magistrate at the Town Hall, South-
wark, charged with being drunk. It turned out that de-
fendant had been to receive his pension, amounting to 81.,
whe i he had been accosted by a stranger who persuaded
him t) have a glass of ale. He had no sooner drunk the
liquor than he became senseless, and on recovering found
he had been robbed. To add to his misfortunes he bad in-
jured himself greatly by a severe fall while under the in-
fluence of the drug. His wife came forward and stated
that the loss of the money would be utter ruin, as they were
very poor, and had nothing else wherewith to pay their
rent. The old man received a ticket of admission to the
hospital to have his wounds dressed, and was discharged.

PLATE.—A. B. SAVORY and SONS,
Manufacturing Silversmiths, No. 14, Cornhill, (opposite the Bank
of Enjand), offer the best rich SHELL-BORDERED SILVER.
WAITERS, of every size, with plain centres, at 9s. per ounce, or
with chased centres, at 9s. 6d. per ounce.
Price, with Chased Centres.

Diameter. Oz. . s. d.
.S A round !- ilver Waiter, with shell border, 8 in. 12 at 91. •6d.,
A round Silver Waiter, with shell border, 9 17 8
1 5 14 0
•
A round Silver Waiter, with shell border, 10 20
A round Silver Waiter, with shell border, 12 38 910 015 5 0
A round Silver Waiter, with shell border, 15 42
19 19 0
A round Silver Waiter, with shell border, 18 86
A round Silver 'Waiter, with shell border, 10 124 40 17 0
58 Is 0
The Plate rooms of this Establish, lent, which are extensive,
contain a large and choice selection ~,f Silver Plate, Plated Goods,
and every article requisite to complete a service. List of Prices
gratis. A, B. Savory and sons, Manufacturing Silversmiths,
No. 14, Cornhill, London, opposite the Bank of England.
- --

SECOND-HAND PLATE PURCHASED.—T.
COX SAVORY, Goldsmith, &c., 47, Cornhill (seven doors from Gracechurch-street), London, informs Executors and others, wisb.• in
to
can dispose of Second-hand Plate, that, from having a ready sale,
he offer m.zire advantageous prices than can generally be afforded
by the trade. Strangers offering plate for sale are required either
to give a reference, or to take a cheque crossed with their banker's
name, which ever they may prefer.

On the 20th of December,MAßßlED
at the Chapel of the British Consu-
late, Genoa, Gilbert Farquhar Grreme Mathison, Esq., to Eliza
Gertrude, eldest daughter of Captain Gallwey, R.N., her Ma-
jesty's Consul at Naples.
On the sth inst., at Bolam, Northumberland, the Rev. Andrew
Corbett, Rector of South Willingham Lincolnshire, to Marianne,
fourth daughter of the late Sir Matthew White Ridley, Bart., of
Blagdon, Northumberland.
On the 7th inst., at St. Nicholas Church, Brighton, Andrew
Half hide, Esq., late Captain her Majesty's Service, to Eliza-
beth Mary, eldest daughter oft the late Thomas Noakes, Esq., of
Wannock, Sussex.
On the Sth inst., at Panfield Church, Essex, George H, Arm-
strong,
Esq., of Jertnyn.street, St. James's, to Maria, youngest
daughter of the late John Lambert, Esq., of Penfield Hall.
On the Bth inst., at St. Peter's, Eastgate, Lincoln, the Rev.
G. F, Apthorp, Senior Vicar of the Cathedral, to Mary Barbara,
eldest daughter of Charles Beaty, Esq., Lincoln.
On the 24th of October last, at Lachine Grove, Lower Canada,
Archibald Petrie, Esq., of Upper Canada, to Catherine, eldest
daughter of E. P. Wilgress, Esq., late Lieutenant-Colonel Royal
Artillery.

DIED.
On the 24th of November, at Barton Isles, Jamaica, aged 29,
Frederick, fourth son of Ezekial Harman, Esq., of Theobald's
Farm, Herts.
On the sth of October, at Calcutta, Edward Henry, second son
of the Rev. Richard Budd, Rector of Ruan Lanihorne, in Corn-
wall, aged 19.
At
daughter St.
of the l Andreatew'sCaptain on the
George Keir, 6th of Decemb
ofether, A22d Dnn Julira, only
Commandant of his Highness the Nizam's Horse. agoons,
At Lisbon, on the 22d ult., Charles Higgs, Esq., many years a
mo chant of that city.
At Brosely, on the 2d inst., aged 55, Mr. George Evans, for-
merly of Islington.
On the sth inst., at Simmonscourt, Dublin, Fann the wife of
George Howell Esq. y,
On the Oth inst., at Brixton, aged 73, Ann, widow of the late
Matthew Easum, Esq., of Stepney.
On the 7th inst., Agnes, wife of the Rev. Dr. Moore, Vicar of
St. Pancras.
On the Bth inst., in Howland- street, Fitzroy-square, J. B. Ber-
nard, Esq., of Sidmouth, and Fellow of King's College, Cambridge,
aged 53.
On the Bth inst., at Hermitage, near Rochester, Helen, the wife
of Robert Anderson, Esq., of Sudbury.
On the Bth inst., Mary, aged 24, second daughter of Mr. Sanwa
Parker, of Great Tower-street.
Mrs. Elizabeth Hamond, aged 46, wife of Frederick George
Hamond, Esq,, of Catherine House, Blackheath-rcad.
On the 3d inst., aged ten months, William Lloyd, the infant soil of Me. William Wardell, of Henrietta-street, Covent-garden.

London Priitted and published
112, Stmacl, at The Am Office, Na 112, Strand, in the eetto*Y
of MicNctea.—Friday, Tammy 11, 11311.

I