The Sun.
London, England, 1806-03-14 00:00:00

NA VAL NE WS.

PLYNIOUTH, MARCH 12.—Sailed the Indilati-
sable and Diamond Frigates, on a cruize to the
Westward, and Nemesis Frigate for Portsmouth.
The Penelope and Phoenix Frigates, and Surinam
Sloop of War) came. into Harbour this morning to
refit.

The Spartiate, of 74 guns, has hien refitted, and
is expected to go out of harbour to-morrow, prepa-
ratory to her sailing for the East Indies.

PORTSMOUTH, MARCH 13.—Arrived La Constance
Frigate, Capt. _GRIFFITHS, and the Daring Gun-
brig, Lieut. HAYES, from a Cruize ; also the Hope,
BAKER, and the Avon, PEARSON, from Sunderland.

Sailed the Gun-brig Gannet, Lieut. BASS, and
the Vanguard, Lieut. SHIELDS, on a craize also
the Heron -, for Sunderland.

FALMOUTH, MARCH 1 I.—Arrived the Princess
Elizabeth Packet, KIDD, from Janiai,ca, with Mails.
Sailed the Duke of Kent Packet, for Jamaica ;'
Carteret Packet, PATERSON, for New York, both
Mails ; and the American Ship Two Generals, CUN-
NING:AM, for Hamburgh.'
Arrived the Nautilus, VELLARETT, from Bristol,
for St. Vincent's; Clarenclon,. DREW, from ditto, for
Jamaica ; Jane, WYLIE, and the Elizabeth, GALT,
from Glasgow, for Jamaica.

DEAL, MARCH, 13.—Arrived the Itnmortakte
Frigate and several Gun-brigs from- off the French
Coast, and remain in the ,Downs with the Ships as

per last.

Yesterday afternoon, in a very heavy. sfor.m of
'ind and snow, the James, of Waterford, in bal-
last, bound to Surinam, drove on shore on Sand-
,-(;,ich Flats, .and bulged ; people saved.—The Don-
selt, HASEWELL, for St. Kitt's, lost an anchor and
ca ble. Put back the London, ALLEN,- for Jamaica.

DOVER, MARCO 12.--It bloWs a perfeet.hurri-
c7 -me, with the wind at E. and by N. with snow and
sle et. Several Gun-brigs and Colliers, which have
b zen lying in the Roads all day, have slipped their
ables, and run for the Downs.:

Came in the American' Ships Columbia, of Phila-
delphia; and the Two Generals, of Norfolk, Virgi.
ilia, having been obliged, through stress of weather,
to cut their cables, and run for this Harbour. Also
the Norfolk, of and for Sunderland', and several other
light Colliers, have come in with loss of anchors
and cables; also the Danish Ship Ceres, Captain
NOORD, from Cadiz'to Hull, with wines, with the
loss of an anchor and cable : this Vessel sailed: from
berme aL;ont a week ago, and has been beating up
aad down Channel ever since. •

Sailed yesterday that beautiful Cutter the Nile,
Capt. JoHNsoN, on a Cruize. •

HALF-PAST Prussian Hoy has just come
•bi, with the loss of'an anchor and cable.

DOVER, MAR CO 13.—Owing to' the great fall of
snow experienced upon the road, the Mail-coach
from London did not arrive here till near eleven
o'clock this morning, and the Mail which went from
here last night went from Canterbury at seven
o'clock, having been obliged to stop at the Half-way
House, all the snow being drifted in piOces as high
its mountains. The Guard endeavoured to niake his
. Way through the snow with the Mail on horseback,
but was nearly suftbcated in the attempt.

CHATHAM, MARCH 9.—ln getting the Fitiory
into dock, .on Thursday last, the after tackle on each
side broke away, and on being refixed the same,
circumstance occurred again ' - tide lOwering and
the strain being very great, the attempt of getting
her farther into dock on -f that day was given up.
The next day (Friday) she was hove up to the pro-
per distance in a very short time ; ah accommoda-
tion laelder was then fixed to her side, and a great
nutnber of 'spectators went on board. On the guar..'
ter-deck somebody has described, with chalk, the
Very place where Lord NELSON fell. The copper
3hPathin,,6- is already stripped off her bottom. ,
The Resolution sailed to-day from Long Reach to
the Nore. _

_
A new Brig was yesterday talcen into the Mast-
Pond-Bason, and completely coppered 'in the course
of the tide, and then put out again.

About ten o'clock on Thuriday morning, the Brier
Sally, of Belfast, was ,driven On`shore opposite to theb
f9rt at Ayr. When she struck, the sea was break-
ing over her nearly mast high. Mr. WALLACE. jun.
launched a Boat from the Beach, and, accompanied
11y JAMES MAXWELL, ANDREW M`CALLUM, SAM.
WHARRIE, JAMES GOOD, and WILLIAM WILSON,
Went off to her, and, at a considerable risk, suc-
ceeded in getting the crew and passengers ashore.
The Vessel flow lies with. her broadside .to the sea,
and 'her sails almost frittered to rags. She was bound
from Greenock to Belfast with goods, and had put
into Lamlash, from whence she was forced from her
anchors in the storm on Wednesday night —A re-
cruiting party of the 27th or Enniskillen Reginient
of Foot, with two Officers, were on board, who
escaped with the loss of their baggage.

BONAPARTE says, " My People will have no new,
burthens to bear," and, indeed, it: he draws his re-
sources froni the plunder of other States; he may
Well spare his own people._ But other States. will be
in time exhausted,, and then who will be obliged to
‘upport the enormous burthens which a prodigal
Usurper, his family, and his militaiy hordes, lay upon
de, enewte and hopeless people

IMPROMPTU,

ittN TILE APPOINTMENT OF WALTE,R SCOT, ESa. TO

.BE A CLERK SESSION IN SCOTLAND.

AND so the Poet, WALTER SCOT,
Has something gain'd to boil the pot— •
On this Appointment all agree,
since WORTiI and GENIUS are Scot-free.

THEATRICAL FEUD.

AFTER the new Comedy last night, ,at Covent-
Garden,
Theatre, FAWCETT came forward to inform
the audience that, on account of the .indisposition of
COOKE and Mrs. HUMPSIREY'S, the Farce-of Love-
a-la- Mode could not be represented, and he begged
permission for, the substitution of Raising the Wind.
So many apologies Ilaire been made for COOKE on
similar occasions, that the patience of the town
seemed to be exhausted. Instead of assenting
to this proposed change in the performance,• a
general clamour of opposition burst forth. Lewis and
POPE afterwards addressed the audience, but without
success. There was a general and a vehement call far
KEMBLE. In vain were they assured that he was
confined to his room by severe indisposition. The
storm raged with unabated fury. 'A Gentleman in the
Boxes spoke for some time on the frequency of these
. apologies, and on the disrespe& with which the
public were treated, owing .to the negligence, or the
.debasing habits of the performer who was the chief
occasion of the disappointment. }NIGHT, the A&or,
happening to be in the Theatre, assured the Audi-
ence that, to his certaiti knoWledge, COOKE was
really disqualified by illness from the performance of
his duty, and that KEMBLE also. was unable to leave
his room. This declaration produced little effea ;
the Farce of Raising the Wind was not suffered to
proceed without a constant interruption ;. and long
after the curtain dropped a considerable number of
persons remained in the House, in very forcible terms
'manifesting their displeasure'.
It is to be regretted, that if. COOKE was aEtually
indisposed some medical authority was not brought
forward, for the audience seemed to think that the
apology rather resulted from the good nature of his
theatrical brethren, than that it represented the real
state of the case.

At one time the fury of the audience was so high,

that it was thought. they would have proceeded to
wreak their vengeance on .the . Theatre; but at
length they gr, adually dispersed, without any mis-
chievous achievement.

Music.—A grand miscellaneous Concert, for the
Benefit of the new , Musical -Fund, took, place last
night in the Great Room, at the King's Theatre.—
The Band was led by CRAMER; and a . combination
of great Musical talents. was laudably employed to
give attraCtion to this Annual• Support of a merito-
rious Institution. Among the conspicuous . Per-
formers who exerted themselves on this occasion
were GRASSINI, Mrs.. DICKONS, STORACE,' and
BRAE/AM. Mr. DOYLE, Mr. T. WALKER, and a.
Miss KouLtiAN (her first appearance); also assisted
the vocal department with elle& The instru,
mental department had the powerful .support of
LtNDLEY, • ASIIE, BRIDGETOW'ER, HOLMES; and
WOELFL, who all acquitted themselves admira-
bly in their respeCtive provinces. WOELFL'S con-
certo' on the Piano-forte was much admired for
traordinary execution, and. LINDLEY'S solo on the
Violoncello received great applause. It was. with
much satisfa&ion that we saw a very ntimeous au-
dience on this occasion rendering pleasure -subser-
vient to benevolence.

A very elegant silver tea-pot and stand has been
recently presented to Miss PARKE by the 'Gentlemen
of the Catch Club at Bath, in return for her musi-
cal exertions in their favour. Dr. HARRINGTON, the
very respe&able veteran in music and poetry, wrote
an appropriate inscription in Latin, in ,testimony of
her professional excellence and private 'worth:
Little DEL cARO, who formerly danCed at the
Opera and Drury-lane, is shortly to make her debut
at one of the principal Theatres of PariS.
BARRY, THE ARTIST.—The remains of this dis-
tinguished Artist were yesterday removed to the
house belonging to the Society for the Encouraae-
meat of 'Arts, Manufa&ures, and Commerce, in the
Adeiphi. The Body was placed in the Great Room,
which was hung with black,, and which exhibited
an aspe& of solemn magnificence. At eight o'clock
in the evening the Members of the Society, and
their friends, were admitted to see the body lie in
state. The whole of the preparations indicated the
high respea, in which the Artist was held by the So-,
ciety, and its sense of the favour which he conferred:
on the Institution by those Paintings which decorate
the Great Room in which
,the corpse was deposited..
They are indeed 'to be considered aS very splendid
proofs of great learning in general, as well as in his
..peculiar art, and of high professional excellence.
A great number of persons attended on this occasion,
among whom were the Earls of RomNEY and AyLES-
,
FORD, and many other distinguished charaEters,
well as a large proportion of Members of the So-
ciety, Artists, and Ladies. The Body was this day
interred in St. Paul's Cathedral in 'a style of funeral
solemnity suitable to the reputation of the
,Artist,
and highly creditable to the liberality of the. Society.
Twelve mourning-coaches, and six. Gentleman's car-
riages appeared in the funeral procession.
The following is a correct Copy of the Resolu-
tions moved by Mr. STANHOPE, respe&ing Lord

ELLENBOROUGIVS Seat in the Cabinet
Resolved, tst, That it is the opinion of this House, that it
is highly expedient that the fundions of a Minister pf State,
and the confidential Adviser of the Executive Measures of
Government, should be kept separateanddistind from those
of a Common Law fudge.
2. That it is the opinion orthis House,
.that those Mem •
bers of His Majesty's Mast FlOn. Privy Council, whom His
Majesty is advised to diret to be habitually summoned, and
who are so summoned to that Committee of the said Coun-
cil, which deliberates _upon matters of State, and which is
commonly known by tha name of the Cabinet Council, are,
and are deemed to be, the confidential Advisers'and MiniSters of
the Ctown.
3. That it is the opinion of this House, that so to summon
to the said Committee or Cabinet , Council, a Lord Chief
fustice of England, the first Criminal l udge of the Land, to
sit and deliberate as a Member of the same, is a pi.tetice
highly inexpedient and unadviseable ; tending to expose to
suspicion, and bring into disrepute, the independence of the
judicial character, and to render less satisfactory the admi.
nistration of public justice.
The following match was made on Wednesday
last, to run at Newinarket :—Sir J, SHELLEY'S Sir
Lazincelot, Bst. 51b. agst. Mr., WA'i'SON'S Yorkshire,
Bst. 200 gs. h. ft.. D. Mond, 2d Spring.—Even
betting.

FROM THE Pl?E:VC11 PIIPERS.

MISCELLANIES.

EXTRACT 'OF A LETTER FROM VLTNICIT, rEn. 8.

The month of January, 1806, will be eN tr me-
morable in the annals of Munich. In this new

Royal Residence many political and family events,
which
.begin a new•epoch in hiaory, followed close-
ly after each other. The influx of strangers of all

ranks was extraordinary. The most remarkable'
occurrences which took. place between the arrival of
the Empress of France, and the Proclamation 'Of the
Regal Dignity. on New Year'S Day, and likewise the

particulars of the festivities at the Palace Of. Schleisl7-
heim, have ~already been. detailed. But the King
Of Wirtemburgh, for whos,e reception cannon had
been planted, and attebdaUts sent forward to The
next post, contrary to expeCtation, 'never made his

appearance. . .
. .
On the arrival of Prince EUGENE NAPOLEON the
festivities were. redoubled...• The 'amiable Viceroy'
wore a red . uniform, .ernbroidered with .silver; but,
like his Royal Bride, was , dressed at the Nuptials •

in white. The' Princess wore the necklace and

diadem, together with the other brilliants and pearls,
which the-Prince had preSented to her. Her beau-
tiful dress for
.the ceremony only arrived the same
morning by a cotirier from Paris. The Journals of
Fashion would be able to compose whole ,Treatises
_ _

on the taste, the magnificence, and the variety of
the ward,robe of the Empress of France. ;The,
Dowager Dutchess of Deuxponts was frequently
dressed 41,11 e: costzthie, as an Abbess of the Convent,
of St. Anna at Munich.

A speEtaCle, which
_produced an effect equally
singular, was exhibited by a Chamberlain in the

Ecclesiastical Retinue of the EleEtor Arch-Chan-

celior, who wore an hussar uniform. The Ladies
who went to Court were frequently
,obliged to dress

three times in 'one day.

The costume of the 'three

Wittelsbachs was heaUtifully o)d fashioned. h was,
a present froni our. King, whd has likewise granted
them a pension for life.
,When- the Audience at the
Opera greeted the new-married pair with a Vivant,
they both rose and made a low bow.. 'rhe.Dowry,
which the States had voluntarily increased to 200,000
guilders, her Royal Highness has actually dire&ed to,
be distributed in marriage portithls for fifty poor

girls, and pensions for two invalids frcini each•Ba-

'Varian Regiment. . •
: .
The residence of the Emperor NAPOLEON in this
city, has thrown more light on his private,life than
all the Parisian accounts which have yet appeared.
On New Year's ere he played at cards - 0 ei!ersis) in
the apartment 3 o'.' the Empress, with the Queen, the
Princesses and Marshal Dunoc. He all at once di-

reeled music to be brought,. and joined with spirit
in the dance. He has a handsome foot, and realty

dances well

He lives on the most confidential foriting•With the'
Empress. On the morning of .New 's Day; he
made his first appearance in public, on horseback.—
At balls and concerts he convened much with the
young Ladies. At the :parade his appearance pro-
duced a general vivat. If the Monarch sits negli-
gently ( oil horseback, and 'wears 'a shabby hat in
the morning,• he is only like the Great FREDERICK
in those respetts. He •dresseS so much the better
for the evening, with: pumps (escarpins) and silk
stockings. He is even well acquainted with the fe-
male toilette, and `manifests considerable attention to
the subje&t.
As he rode through our fair he made inquiries of
the trades-people concerning their commodities, .
and immediately distinguished English wares.' Not-
withstanding the paleness of his complexion he looks
well, and has gained considerably in flesh during the'
last two years. _

What the Emperor said was short, and bore the
stamp of naivete. This was particularly manifested
in the expressions he made use of on receiving the
numerous Deputations every day. When the Mi-
nister had read the first article of the marriage con-
trata, and was proceeding to the second, he cried out,
C'est assez. • -

On the wedding day his dress made hini appear
quite young. He wore the Imperial coat, but with-
out the mantle, and an extraordinary quantity of
brilliants. He is fond of saying handsome things to
the Empress; and when shezame out of her apart-
ment, he exclaimed) Vous- etes i elle amone.ce four.—
At the wedding ball, the Emperor, before he began
to dance, put the diamondchain belonging.to his. re-
galia, round the neck of his consort,•-and did not
take it again till.the ball was over. . •
The presents distributed here amount [to some
millions. All the principal .Officers of the Bavarian,
Court received. snuff-boxes, with. brilliauts.'and por-
trait ; and the Chamberlains, Equerries, and Ladies
of the Court, had snuff-boxes, rings, ear-rings, gold
watches; &c. the servants and the chapel were pre-,
sented with. 100,000 livres. The Ele&or Arch-
Ch,ancellor received rink worth 50,000 livres, and
a komise of six 'paintings in oil of the Imperial,
Royal, and Vice-Royal. Pairs. Prince EUGENE like-.
wise gave to the butchers 30 Louis d'orS, and to
the servants, 20,000 livres.
The parting of the 17th, and of the 19th of Jan.
were affeeling family scenes. The Ernpros said :
Je n'oublieNijamais le sejour de, Munk. The. King
made her promise to pay another visit, to our city in
the summer of next year.
STUTGARD; FEB. 20.—When the Emperor NA-
POLEON, on. his. march to Germany; passed a few
days at our Court, the Nuptials of PAUL, the second
Son of the King of Wirtemburgh, with‘ the Princess
of Hildburghausen, had.just been solemnized. The
Emperor told the new-married Princess that lie
should make her a little presenton the occasion, but
should leave the choice_of it to the Empress. This
present, a short time ago. arrived at this place, and
a description of it .cannot fail to prove interesting
to the Female Reader. The envelope in which it
was packed up was of green.velvet, with festoons
of pure gold ; it is in the form of a long antique
vase.; the knot of the cover is a gold ball, trans-
fixed with the arrow of Cupid, and the ball itself
is encircled with a. wreath of roses.. The contents
of this beautiful vase consisted of the following
articles :

T. A chemise of English point, ornamented with a simple;
but tastoful border ; the train is ct considerable length.
z. Another Chemise of the.same kind, of, Slack point, with
a border•of the pattern called wolf's teeth. •
3. A chemise; cut round, of white satin,_ with a border of
•
bwiquers,' exquisitely embroidered in gold ; above it a tunic
ut silv:.2rrute, with gold fringe.
4. A white crape dreSsi, very elegant!), -embroidered with
white silk.
s. A second dress of white crap., bordered with 49i/iNth

mg tulle, and a Marnejuke mantle of rote-colourtd satins wit!,
the same kind of border, and besides embroidered with.steci.
6, A morning chemist of East India muslin, embroiders
with hortensia fipweis. _

7., A veil of Engash point, with a border in the form of
wolf's teeth.

8. A round veil of tulle en vomit-belle, worked with gold,
and with a broad gold lace.
9. A piece of East India muslin, embroidered with silver.

This velvet vase was accompanied with two boxosi
one of,which contained three turbans, embroidered
with silver; steel, and gold, and decorated with beron's
feathers and aigrettes, and three caps
.embellished..
with, flowers. The second 'Box contained 'artifi-
cial flowers of every kind,.'as beautiful in shape and
colour as nature itself. There was likewise a net gar-
land of uncommonly pleasirig shape and appearance.
The
,value of the whole is estimated, byaninoisseurs,_
at about 'NAM) guilders.

A Letter frorn St. Petersburgh, dated Feb 15;
ays, ." At half-past ten o'clock at night, on the 102.th_
inst. a fire suddenly broke out in Kuschelew-
Palace, which raged with suchßwythat the German
Theatre, which farmed a part of the above-men-
tioned Palace, and where the fire cornmccd, be-
carne a prey to the flames.. The presence of the
Emperor, who, with the Grand Duke, CONSTAX..
TINE, indefatigably commanded, till fOur o'clock in
_the morning, the Regiment of Guards 'that hastened,
to assist in extinguishing the conflagration,' together
with the excellent measures of the Police, prevented
the spreadingbf 'the flames, which would otherwie
have been inevitable in that populous part of the
city. The ,German Theatre was cdrupletel3-r reduced
to ashes, and . the damage is estimated' at 60,00 J
rubles. Fortunately no lives were lost. A small
part of the wardrobe was saved, but every thing else
belonging to the stage was consumed," -

CAPTORE OP THE CAPE OF GOOD HOPE.—In ad-
dition to the account which we have published of
this important event, we present our Readers with
the following particulars, communicated by an Offi-
cer in the ,Expedition :
. f•`. We arrived in sight of the Cape on the 4tH,
and on• the 6th landed with very little oppo4tion..
We slepton the sands all that night, as well as on the
following night : and at two o'clock in the.morning
of Wednesday, we were underarms, and at four o'clock
marched to attack the Enemy, who were planted at
the foot of the Blue Mountain. The Enemy gave
nine cheers, with an intention of intimidating
our brave Troops ; but they kept advancing under
steady and firm pace. The shot and shells flew toO.
wards us very briskly. At half-past eight the Light
Companies of the different Regiments formed a Batta-
lion, and kept advancing, in expe&ation, that the Ene-
my would stop until they, came close enough to fire
first, and charge with bayonets immediately after,—
But they did not wait for this attack ; for when we
came within 100 yards of them, and the light in=
fantry'and field guns fired, the.. Enemy, in less than
five minutes, ran away. While retreating, how-
ever, they fired their field-piece,
" The grenadier company of the 524th Regimjnt,
65 in number, were ordered to a hill upon our right,
to attack a number of horsemen who were then riding
up to the top of the hill. They belonged to the Re-
giment called Waldeckers, and 'amounted to about
The grenadiers drove them, and still kept advancing,
when their Captain (FosTER) was shot in the
neck, through the carotid artery. He just lived
long enough to tell his Lieutenant (BABy) not
to retreat, and • then died. Eighteen. of these
brave fellows were wounded, and lay near the
dead body of their gallant Captain. The remainder
made the Enemy run : we pursued, drove them en-
tirely away, and then halted for the night.
• " Never did I know the value of water so much
as on that day. Three men of the ,24th .actually
died of thirst; and it was dreadful to behold the
number who dropped and languished from the same
cause."

The Church of St. Denis, at Paris, is appropriated
as a Mausoleum for interring the branches of the
present Imperial Family, as they fall ; and in the
Pantheon are to be buried the great Officers of State,
the Officers of the Legion of Honour, &c.

The Game Chicken has received a challenge to
fight, from a 'Gamekeeper, of the name of Ford, in
the West of England. The challenge invites the
ckairlj)ion" to fight for a sum of money, Or, what is
elegantly termed, a -bellyfull. The match is to be
made'withdut delay.
The following' serious accident occurred yesterday-
in
,the New Road leading from 13attle-bridge to Tot-
tenham-court : P. HILLY, Esq.. a Merchant, residing
near,Fitzroy-square, accompanied by his Lady and son,
a boy of six years old, had been to Islington in an open
chaise, and on their return the horse took fright at
Somerstown, at an exhibition of Punch; &c. becdme
unmanageable, and started off at full speed. The
chaise was ultimately oVerturned, and Mr. H. was
deprived of his senses by the severe bruizes he sus,-
wined, and the Lady and child were severely hurt,
the latter having had his. arm broke.

, CORN EXCHANGE, MARCH 14.---The Market con-
tinues to have but few arrivals of Wheat ; it is dull
of Sale, and ' second and inferior qualities are
cheaper ; Barley is in large quantities, having
but few samples of fine, they fetch rather more
than is quoted ; in Malt, Pease, and Beans, but little
variation ; there are but few fresh Oats come in,
and this article fully keeps its price ; Flour in plenty.
Wheat 445 a 56s a 68s od Beans - .-5 a—s
Fine ditto - 7cs a 73s Tick Beans 42. s a 48s od
Rye 7. -35 s a 405 ed Oats 23s a 26s a asrod
Barley . - 25$ a3rs od Poland ditto :.9s a 3os, od
Malt . 62s a 67s cd Rape Seed - 391 -43 i
White Pease 34s a 4os cd Fine Flour 6os . 63s' od
Grey ditto 3os a 333 od Seconds -55 s a bas od

'SMITHFIELD MARKET, MARCH 14.

This day's market had a middlingsupply of dif-
ferent kinds of Cattle Beef and Veal are something
cheaper than our last report.; Pork is rather dearer-,
mutton supports, last price, and the 'trade was but
indifferent. The sales, in. the Haymarket were 'not
crood ; Hay. and Clover do not fetch last prices ;'
Straw obtained a higher 'price than Monday's.marl
ket.--ItVe annex a .corret statement of the prices
and numbers

. • . To sink the OITA per stone of 81b.
Beef Ss. 6d. to Gs cd.—Mutton ss. 4d. to 6s. od.—Veal
6s. 6d. to 7s. 6d.—Pork 6s. od.. to 7s. od.
Beasts 640. Sheep 3756. Calves to.—Pigs Sio.
. SMITHFIELD fIAYNARKET.
May 31. 1041. Is:J.—Clover 31. los. to 51. Strarr,
21. 0.1031. 3s.

LAW' REPORT.

COURT OF CHANCERY, MARCH.

HOLMES V. Silt JOHN COGHILL.

' This was an application to reverse a Decree of the
Maste'r of the Rolls. Under a Deed of Settlement,
the late Sir John Coghill had a power of appoint 7
ment to the extent of 20001. which sum was to he
applied out of his entVed estates to such purposes,
and to.Snch persons, as he should dire&, either dur-
ing his life-time,, or by Will after his decease. He
died without exercising this power, and the question
before his Lordship'was, whether, in favour 'of cre- '
ditors against the heir, 11.te Court could supply this
deteetive appointment, and make this sum of 20001.
responsible for-his debts.'
The SOLICITOR-GENERA and Mr. HALL,for the
Appellant, admitted that they were not able to pro-
duce a case in which the Court had gone so fir in.
'favour of creditors as they contended it ought to do;
but neither' was. there a case where the Court had
refused to do so. If Arundel-and Philpot, in i 6 V,
were insisted upon, it was decided by Lord JO-
fries,—who was a Judge' dire&ing his mind more to
political matters than to equitable jurisprudenee, and
the case had no analogy, because creditors were not
concerned. Where the Court had no precedents to
guide its.decisoa, natural reason and justice were
the authorities to which it would resort, and these
were in favour-of tlie Appellant.
Messrs. ALEXANDER and FONBLANQUE comment
ed on all the case's from the Revolution to the re-
cent decision by the" Master of the Rolls in the pre-
sent instance. Among' these, 'were Lascelles and
COrawallis in 1704, Tollit and Tollit in 17.2.8, Har-
vey and Harvey. in 1739, Lord Townshend and
Windham in 1748: and from all these they argued,

that if no appointment were Made for the applica-
/ Lion of monies, the Court would not 'supply it, even
in favour of creditors. That in ilia, in this- case, no
such appointment was made, and that therefore the
judgment of his lionour ought to be affirmed.
LORD CHANCELLOR—" It is. much to. be regret-
ted, that the right of creditors to receive satisfaction
out of an estate depends either upon artificial modes.
of conveyance, or upon. artificial rules of law. It is
greatly to be wished; that the right could be simpli-
fied ; and I confess, in this case, I am notable to re-.
concile what the Court has done with what it has
refused to perform. By the power in ciestion, Sir •
John Coghill had a right to, raise the sum of 20001.
either during his life-time, or, by his last will, to
appoint persons for.that purpose.. Thus, the on of
Sir John Coghill might say, this estate is Mine, sub-
jea to this appointment of my father,. who may or
may not call upon the trustees to raise this surn; he
has not so called upon .them, and, therefore, it is
mine-without the reduaion.- I should
.have7-a great
deal to do before I could venture to disturb this de-
cree. Yet, althdugh this comes before nie from so
lea'rned a Judge as the SMaster of.the.Rolls, whom I
have been so long ..accustomed to respe& and regard,
yet I would consider this as, nothing, if the decision
opposedthe--natural principles of reason and justice,
as they have bl.;en recognised by precedents in this
Court. This .case comes before me in the- way of
- -appeal, and it is not said, as the foundation of this
. appeal, that his Honour has departed from any rure
01 equity, or from any decided case. It comes here
rather in the way of criticism upon. the- manner in
,which'the jurisdiction of this Court should be exer-
cised. By a course of decisions,. from the year 1688
down to Lord Hardwieke's Administration, a dis-
filiation is taken between a non-execationeand a de-
feative execution of a power ; the latter the Court
will supply, the former it will not ; and if the arg-u-
-.ments at; the Solicitor-General and Mr.. Hall were
,to prevail, there must be an end to that distillation
on our books. • I must take care I do not extend the
jurisdiaion of the Court,- and that I do not commence
my, duty here by establishing any new andidangerous,'
precedents. For these reasons, I 'think the decree
of the Master of the Rolls ought to be at-finned."