The Sun.
London, England, 1837-01-15 00:00:00

THE SUN, LONDON, SUNDAY, JANUARY lb, 1837

aio." Every subsequent advance in science served not to
•entract the field of inquiry, hut to extend it cn every
.ide. It has served, like the telescope, to make us familiar
with objects before imperfectly comprehended ; but ha-, at
the same time, by the obscure vision of things unknoa n—
if relations and dependencies of which we had no cm cep-
tion—shown us the comparative nothingness of L man
'cnowledge.—(Cheers.)—Are yo 2 destined for the legal
arofession ? Are you ambitious df distinction in the public
service of your country ? Surely the recent competition
for this office which now entitles me to address you is preg-
nant with a signal proof that whatever is the place of your
nativity—whatever be the accidents of your birth—the
highest distinctions are accessible to you all, and that no
national jealousies remain to obstruct your advancement,
le to envy you the possession of it when obtained. There
were two competitors presented for your choice. You
will readily believe that on this occasion I shall
make no remark on any circumstance connected with the re-
cent contest which can, by possibility, revive or excite an an-
gry feeling, or even provoke an expression of dissent. But
there are reflections suggested by that contest which can
afford none, and may serve as an encouragement and sti-
mulus to all. Your choice lay between two competitors, the
one the son of a minister of the Church of Scotland, the
other the son of an Englishman, founder of his own for-
tunes by dint of those honest and laborious exertions in the
very same pursuit of active industry which are elevating
so many within this great city to affluence and honourable
station.—(Renewed cheers.) The one attains the highest
eminence in the profession of the law—the other was called
by the favour and the confidence of his Sovereign to the
highest trust which a subject can execute—(Great cheers)
—that of administering the government of this great coun-
try.---(Continued cheering.) And mark the signal and gra-
tifying proof of the obliteration of every prejudice con-
nected with the national distinctions or jealousies. The
Scotchman is preferred to his English competitor at the
Bar of England, and receives his honours without a mur-
mur that they are conferred upon a Scotchman. But
though a Scotchman, educated at a Scottish University,
he is not equally successful in a contest for academical dis-
tinction in his own country.—( Loud cheering.) That is
reserved for an Englishman, educated at an English Uni-
%ersity with no other connection with Scotland than that
of respect for her name and national character, and a cor-
dial interest in her welfare.—(Cheers.) And let me ex-
press a hope that, whatever other objections might apply
to tha choice, there was no grudging feeling on account
of this reciprocation of honourable appointments be-
tween the natives of the two countries, and that the cir-
cumstance of my being an Englishman does not operate to
my prejudice even in the eyes of those who would have
preferred, on general grounds, another appointment.—
(Cheers.)—l have said that the field for exertion is bound-
less. I have said the avenues to distinction arc few, and
that it is within your power to command -an entrance to them.
I repeat, with the earnestness of the deepest conviction,
there is in my mind a presumption amounting almost to a
certainty, that if any one of you will be determined to be
eminent in whatever profession you may choose, and will
act with unvarying steadiness in pursuance of that deter-
mination, you will, if health and strength be given you, in-
infallibly succeed.—(Cheers.)—lf what is called genius
shall have been denied to you, you have faculties of the
mind which may be se improved by constant exercise and
vigilance that they shall supply the place of genius, and
open to you brighter prospects of ultimate success than
genius unaided by the same discipline can hope to attain.—
(Cheers.)—There are, no doubt, original differences in
different minds—in the depth and the quality of the intel-
lectual mine ; but in all ordinary cases the practical success
of the working of that mine depends in by far tho greatest
degree upon the care, the labour, the perfection of the ma-
chinery which are applied to it.—(Continued cheering.) Do
I say that you can command success without difficulty ? No.
Difficulty is the condition of success. " Difficulty is a se-
vere instructor, set over us by the supreme ordinance of a
parental guardian and legislator, who knows us better than
we know ourselves, as he loves us better too. Pater ipse
colendi haul facilena cue viam voluit—he that wrestles
with us strengthens our nerves and sharpens our skill. Our
antagonist is our helper. This amicable conflict with dif-
ficulty obliges us to an intimate acquaintance with one ob-
ject, and compels us to consider it in all its relations. It
will not suffer us to be superficial." These are the me-
morable words of the first of philosophic Statesmen, of the
greatest orator of modern ages, at least if it were allowed
to judge of oratory by the compositions it has bequeathed
to posterity, without reference to-the physical qualifications
of the speaker. They are words which, if this office hath
authority in your eyes, should have especial weight with
you. Their illustrious author, Mr. Burke, from this place,
on an occasion similar to the present, might have exhorted
the youth- of this University by the example of his own
life, as well as by the eloquence of his precepts, to seek
the antagonist which is also our helper. I say, in confor-
mity with this advice, enter then into the amicable conflict
with difficulty—whenever you encounter it turn not aside
—say not there is a lion in your path—resolve upon encoun-
tering and mastering it, and easy successive triumphs will
inspire you with that confidence in yourselves, that habit
of victory, that will make future conquests easy. On
by far the greater part of you it is incumbent to acquire
those qualities which shall fit you for action rather than
speculation. It is not, therefore, by mere study, by the
mere accumulation of knowledge, that you can hope for
eminence. Mental discipline, the exercise of the faculties
of the mind, the quickening of your apprehension, the
strengthening of your memory, the forming of a sound,
rapid, and discriminating judgment, are of even more im-
portance than the store of learning. If you will consider
these faculties as the most precious gifts of nature, if you
will be persuaded, as you ought to be, that they are capa-
ble of constant, progressive, and therefore, almost indefi-
nite, improvement—that by acts similar to those by which
magic feats of dexterity and bodily strength are performed,
a capacity for the nobler feats of the mind may be acquired
—the first, the special object of your youth will be to
establish that control over your mind and your own habits
that should ensure the proper cultivation of this precious
inheritance. Try even a short period the enchantment
of exercising such control. If in the course of your study
you meet with difficulty resolve on mastering it ; if you
cannot by your own unaided efforts, be not ashamed to admit
your inability, and seek for assistance.—(Cheers.) Prac-
tice the economy of time—consider time, like the faculties
of your mind, a precious estate—that every moment of it
well applied is put out to an exorbitant interest. Ido not
say devote yourself to unremitting labour, and sacrifice all
amusement, but I do say that the zest of amusement itself,
and the successful result of application, depend in a great
measure upon the economy of time.—(Loud cheers.)
When you have lived fifty years you will have seen many
instances in which the man who finds time for everything,
for punctuality in all the relations of life, for the cultivation
of literature, for every rational amusement, is he who is the
most assiduous in the active pursuits of his profession.—
(Cheers.) Estimate also properly the force of habit. Ex-
ercise a constant, an unremitting, yig,ilance over the acquire-
ment of habits in matters that aro apparently of entire in-
difference, that perhaps are really so, independent of the
habits they engender. It is by the neglect of such trifles
that bad habits are acquired, and that the mind, by to-
lerating negligence and procrastination in matters of rmall
account, but of frequent recurrence, in matters of which
the world takes no notice, becomes accustomed to the same
defects ie matters of higher importance. if you will make
the experimeat of which I have spoken, that there shall
be a complete understanding of everything you read, or
the honest admission that you do not understand it—that
there shall be a strict regard to the distribution of time—
that there shall be a constant struggle against the bondage
of bad habit, a constant effort which can only be made
within to the master-mind to subject its various processes to
healthful action, the early fruits of this experiment, the
feeling of self-satisfaction, the consciousness of giving
strength; the force of good habit, will be inducements to
its continuance more powerful than any exhortations.—
(Cheers.) These are the arts, this is the patient and labo-
rious process, by which, in all times and in all professions,
the foundations of excellence and of fame have been laid.
Is it possible to consult the works of any man of real emi-
nence, who has left a record of his eminence—who has left
a record of the discipline by which his own mind was
trained—without finding abundant proofs that it was not
by trusting to the inspirations of genius, but by constant per-
severadee,And vigilance, and care, that success was obtained.
Reflect on--4tie as an eminent example of this—the ac-
count which Cicero gives of his own early education—mark
the intentness on one object—mark how every occupation,
amusement, foreign travel, society—the conversation of
the lightest turn—how all were made ancillary to the one
great purpose—of improving the mind, and fitting it for the
highest functions to which its faculties were to be applied.
Speaking of himself, he says :
" At vero ego hoc tempore omni noctes et dies in onl-
nium doctrinaruni meditation° versabar. Huic ego doctori
et ejus artibus variis atque nuiltis, ita cram deditus ut, ab
exercitationibus oratoriis nullus dies vacuus esset.

" Cum me et amici et medici hortaren tar, ut causasagere
dissistcram, quodvis potius periculum adducendum quarn a
sperata diccndi alorra discedendum putavi.
" Cum venissena Athenas, sex menses cum Antiocho, ve-
teris academiw nobilissimo et. prudentissimo philosopho fui
studiurnque philosophiaa, numquam intermissum, a primaque
adolescentia cultum, et semper auctum, hoc rursus, sumo°
auctore et doctore, renovavi.

" Postea, a me Asia tota peragrata est cum summis qui-
dem oratoribus, quibuscum exercehar ipsis libentibus. Rho-
dium veni, meque ad eundem, quern Roma? audiveram, de
novo applicavt."
When such records of perseverance in study and mental
discipline are presented to us they abate our wonder at the
accomplishments and acquirements which were their legiti-
mate result. " It is very natural," say s Sir John Reynolds,

" it is very natw a: jot those wao are unacquainted with the
causes of anything txtramlinary to be astonished at the
effect, and to account for it as the effect of magic.
The travellers into the East tell us that when the igno-
rant inhabitants of those con itries are asked concerning
the ruins of stat&y edifices vet remaining among them,
the melarchory monuments of their former grandeur and
long-lost science, they always answer that they were
built by magicians. The untaught mind.finds a vast gulpli
between its own powers and those works of complicated
art which it is utterly unable to fathom, and it supposes
that such a void can be passed only by supernatural
powers." We have, in the instance of Cicero, the stately
edifice—the monument of intellectual grandeur ; but we
learn from the evidence of the illustrious architect by what
careful process the foundations were securely laid, and the
scaffolding was gradually erected. Our wonder at the per-
fection of the work may be abated, but what can abate our
admiration and respect fur the elevated views, the burning
thirst for knowledge and for fame, the noble ambition, which
" scorned delights, and lived laborious days," which en-
graved on his memory the paternal exhortation to the hero
in Homer—the noblest, says Dr. Johnson, that can be
found in any Heathen writer,

Ass:, easiesreessis ?tat :Pimps/se SMtLEY2I xisAara.
—(Loud cheers.) The name, the authority, the example
of Cicero, conduct me naturally to a topic which I should
be unwilling to pass in silence—l allude to the immense
importance to all who aspire to conspicuous stations in any
department of public or learned professional life, the im-
mense importance of classical acquirements, of the imbuing
your minds with a knowledge of the pure models of anti-
quity, and a taste for their constant study and cultivation.
Do not disregard the admonition from the impression that
it proceeds from the natural prejudices in favour of classical
learning which education at an English University may un-
comciously instil, or that it is offered presumptuously by one
ignorant of that description of knowledge which is best
adapted to the habits and occupations of society in Scotland. I
want to impress ou your mind that a wider horizon than
that of Scotland is open to you ; that you are candidates,
starting with equal advantage, for every prize of profit or
distinction which the wide circle of the empire, extended
through every quarter of the globe, can include. Bear in
mind, too, that every improvement in the means of commu-
nication between distant parts of that empire is opening a
new avenue to fame, particularly to those who are remote
from the seat of Government. This is not the place where
injustice should be done to that mighty discovery which is
effecting a daily change in the pre-existing relations of so-
ciety. This is not the place where a false and injurious esti-
mate should be made of the speculations of Black, and the
inventive genius of Watt.—f Cheers.) 'The steam-engine and
the railroad are not merely facilitating the transport of iner-
chandise, they are not merely shortening the duration of
journeys, or administering to the supply of physical wants ;
they arc speeding the intercourse between mind and mind ;
they are creating new demands for knowledge ; they arc
fertilizing the intellectual as well as the material waste ;
they are removing the impediments which obscurity, or re-
moteness, or poverty, tray have heretofore opposed to the
emerging of real merit.—(Cheers.) They are supplying you
in the mere facility of locomotion with a new motive for
classical study ; they are enabling you, with comparative
case, to enjoy that pure and refined pleasure which
makes the past predominate over the present, when
we contemplate the localities where the illustrious deeds
of ancient times have been performed, and the monuments
that are associated with names and actions that never can
perish.—(Loud cheers.) They are enabling sou no taste
the intoxicating draught that is described with such noble
enthusiasm by Gibbon :—" At the distance of twenty-five
years I can neither forget nor express the strong emotions
which agitated my mind as I first approached and entered
the eternal city. After a sleepless night I strode, I trod,
with a lofty step, the ruins of the Forum, each memorable
spot whore Romulus stood, or Tully spoke, or Cmsar fell,
was at once present to my eye, and several days of intoxi-
cation were lost or enjoyed before I could descend to a cool
or minute investigation."—(Loud cheering.) I need not
remind you of the earnest and eloquent exhortation to the
study of ancient, and particularly of attic, composition,
which have been delivered from this seat. I need not re-
mind you of the manifold facilities which that study affords
you in the comprehension of the structure of modern lan-
guages, and the formation of style on the purest models, or
how indispensable it is to the understanding of a thousand
allusions to the usages and expressions of classical antiquity
which are scattered with happy prodigality through some of
the finest •f modern compositions—allusions 4):.cyawra,
(rasa-rota-iv that have a voice for those, but for those alone,
that have been initiated in these delighful mysteries.—
(Cheers.) Let me, however, attempt to brine.p from the
examples of public life a practical confirmation of the truth
of these maxims, and the wisdom of this exhortation. I
ask you simply to pass in succession the names of those
who have stood most conspicuous in the great arena of
competition, and to compare the proportion borne to the
total number by those who have been eminent for classical
acquirements. I purposely exclude the remoter periods of
our history, pregnant as they are with examples in favour
of the position I maintain, because when education was in
a great degree confined to classical learning, the possession
of it would almost necessarily accompany other superior
qualifications for high public trusts. But take recent
periods of our history, take the most recent preceding our
own, when the means of acquiring knowledge have been so
extensive that there is the opportunity for fair comparison
between the several attainments which may have assisted the
competitor fOr public honours. What are the chief names
(I am speaking of public life) that have floated down and
are likely to remain buoyant on the stream of time ? Of
the whole number how large the proportion of men eminent
for classical acquirements and classical tastes. In the
judicial station there are Lord Mansfield, Lord Stowell,
Lord Ellenborough, Lord Tenterden. In public life Lord
North, Mr. Pitt, Mr. Fox, Mr. Burke, Lord Grenville,
Mr. Wyndham, Mr. Canning—all eminent for classical
attainments.—(Cheers.) This at least is demonstrated,
that the time devoted to classical studies had not obstructed
their elevation. But surely there is a very strong presump-
tion, from the proportion which they bear to the total
number of distinguished men, that classical learning, and
the accomplishments derived from the study of it, must
have given them great advantages in the competition
for distinction.—(Loud cheering.) No doubt high, per-
haps equal, eminence has been attained in some few in-
stances by men who have not cultivated, or, at least,
have not been remarkable for, classical acquirements ; but
is there not strong reason to believe that in their case
success would have been more easy and more complete,
had such acquirements been superadded to their other
qualifications ?--(Cheers.) But do not contemplate men
whom I have merely named amid the excitement of political
or forensic contention—do not consider classical studies
merely as useful instruments for the improvement of their
style, and for gilding with the charms of happy allusion
or learned illustration the public displays of eloquence.
Follow them into the retirement of private life—witness
the refined tastes with which classical studies have in-
spired them, and learn to imitate the compensation they
have off red for the loss of power, or the interruption of
active employment. 'Fake, as examples, the men the
most prominent in recent political history—the great
rivals, Mr. Pitt and Mr. Fox. In the case of each you
have the most unexceptionable evidence as to the pursuits
and studies in which they found relaxation and amusement
whenever the contentions of public life wei e suspended.
Lord Holland thus speaks of Mr. Fox in the preface to
the " History of James the Second :"—" During his re-
tirernent the love of literature and fondness for poetry,
which neither pleasure nor business had ever extinguished,
returned with an ardour which few, in the eagerness of
youth, or in the pursuit of fame, or advantage, are capable
of feeling. Hence it was that. in the interval between
his active attendance in Parliament and the undertaking of
his history he never felt the tedium of a vacant day. It
was more difficult to fortify himself against the seductions
of his own inclination, which was continually drawiug him
off from his historical researches to critical inquiry, and to
the study of the classics, the works of imagination, and
poetry. Abundant proofs exist of the effects of these in-
terruptions, both on his labours and on his mind. His let-
ters are filled with complaints of such as arose from poli-
tics, while he speaks with delight and complacency of whole
days devoted to Euripides, Virgil, &a." Still more recent
testimony has been borne to the acquirements, the tastes,
the studies of Mr. Pitt by one who, combining the charac-
ter of a Statesman with that of a scholar, is an authority
inferior to none as to the importance and value of classical
accomplishments. In a letter of the Marquis Wellesley,
which has recently been made public, lie says of Mr. Pitt—
" He was perfectly accomplished in classical literature, both
Latin and Greek. The accuracy and strength of his memory
surpassed every example which I have observed, but the in-
trinsic vigour of his understanding carried him far beyond
mere recollection of the great models of antiquity in ora-
tory, poetry, history, and philosophy. He had drawn
their essence into his own thoughts and language, and
with astonishing fidelity lie applied the whole spirit of an-
cient learning to his daily use."—( Cheers.) " These studies
were his constant delight and resort. At Holwood, in
Kent, and at Widmer Castle, his apartments were strewed
with Latin and Greek classics, and his conversation with
those friends who delighted in similar studies frequently
turned on that most attractive" branch of literature. In
these pursuits his constant and congenial companion was
Lord Grenville, who has often declared to me that Mr.
Pitt was the best Greek scholar he ever conversed with."—
(Cheers.) I have dwelt on this branch of Mr. Pitt's ac-
complishments, because I know not any source from which
more salutary assistance can be derived to chase from the
spirits those clouds and vapours which invest vacant minds,
and by self-weariness render retirement melancholy and in-
tolerable. How striking the contrast between the retire-
ment of these men and that of others scarcely less eminent

n public life, who had not congenial tastes for literary and
classical studies. " Though he had not forgotten his clas-
sical attainments," says the biographer of Walpole, " he
had little taste for literary occupations." He once ex-
pressed his regret on this subject to a friend who
was reading in the library at Houghton. " I wish,"
he said, " I took as much delight in reading as you
do ; it would be the means of alleviating many la-
borious hours in my present retirement ; but, to my mis-
fortune, 1 derive no pleasure from such pursuits."—(Cheers.)
Surely these testimonies and these contrasts are pregnant
with lessons of instruction. Surely they encourage us to
acquire the habits and to cultivate those studies which, at
the same time that they are the highest solace and the most
grateful relaxation from the cares of business and the world,
are furnishing to him who takes delight in them new capa-
city for intellectual exertion—new stores of precious know-
ledge.—(Cheers.) " An to existimas," said the kindred
spirit of antiquity, " an to existimas nut suppetere nobis
posse,.quod quotidie dicamus in tanta varietate rerum, nisi
animos nostros doctrina excolamus, ant ferre animos tent=
posse contentionem, nisi eos eadem doctrina relaxemus."
Noble relaxation ! which, while it unbends, invigorates
the mind, while it is relieving it and refreshing it from
the exhaustion of present contention, is bracing and for-
tifying it for that which is to come. I have detained
you at too great length.—(Loud cheering.) I am well aware
that the observations I have addressed to you have nothing
of novelty to recommend them—the truths to which I have
adverted are so obvious that they scarcely require the aid
of reasoning to enforce them. But they are truly of vital
importance, and it too frequently happens that the ready as-
sent which we give to them has not the practical influence
on our conduct which it ought to have. If it had, how
many of us would have been spared the painful retrospect
—that retrospect which you may avert, but which we
cannot—of opportunities lost, time mispent, habits of in-
dolence or of negligence become inveterate.—(Cheers.)
Hitherto I have referred exclusively to the consideration
of worldly advantage and worldly fame, as encouragements
to early and continued exertion. We have seen how
powerful they were in animating the ambitious spirit of the
Roman orator. Not one of the motives by which he was
stimulated is wanting to you. His field for competition
was not more ample, the reward of success was not
more splendid.—(Cheers.) You have a country as en-
deared to you by proud recollections. You have insti-
tutions, civil and religious, standing in equal need of
your solicitude, infinitely more worthy of defence.—
(Loud cheering.) But for you these are incitements to
labour, to zeal, in the course of knowledge and of virtue,
infinitely beyond any which could have animated the
exertions of Cicero. The love of praise, the hope of
posthumous glory, were with him the chief springs of ac-
tion—the great, the only, rewards of anxiety and labour.
" Nullam enim virtus aliam mercedem laborum periculo-
rumque desiderat, praater hanc laudis et glorire, qua qui-
dem detracta, judices, quid est quod in hoc tam exiguo
vitas curricula, et tam brevi tantis nos in laboribus exer-
ceamus,"—(Cheers.) You have other excitements to la-
bour, other rewards of virtuous action. Should the hope
of glory and fame be obscured, you have the express com-
mand of God to improve the faculties which distinguish
you from the beasts that perish!; you have the awful know-
ledge that of the use of those 'faculties a solemn account
must be rendered ; you have the assurance of an immor-
tality different from that of worldly fame. By every mo-
tive which can influence a reflecting and responsible being
of a large discourse, looking before and after ; by the me-
mory of the distinguished men who have shed a lustre on
these walls ; by regard for your own success and happi-
ness in this life ; by, the fear of future discredit, by the hope
of lasting fame—by all these considerations do I conjure
you, while you have yet time, before the evil day shall yet
come, while your minds are yet pliable, to form them on the
models which are the nearest to perfection. " Sursum
corda." By the motives yet more urgent, by higher and
purer aspirations, by the duty of obedience to the will of
God, by the awful account you will have to render, not
merely of moral actions, but of faculties entrusted to you
for improvement—by all these high arguments do I con-
jure you " to number your days, that you may apply your
hearts unto wisdom"—(Loud cheers)—unto that wisdom
which, directing your ambition to the noble end of bene-
fiting mankind, and teaching you humble reliance on the
merits and on the mercy of your Redeemer, may support
you " in the time of your tribulation"—may " admonish you
in the time of your wealth"—and, in the hour of death and
in the day of judgment, may comfort you with the hope
of deliverance. (The conclusion of the discourse was the
signal for fresh and repeated bursts of applause.)

A splendid dinner is to be given to-day by the
University to the Lord Rector. But we regret to say
that it is to be strictly private, so that we are precluded
from laying before our readers any report of the pro-
ceedings.

CHANCERY COURT.-(SATURDAY.)

The LORD CHANCELLOR, having disposed of the re-
maining lunatic petitions, proceeded with the appeal of the
Attorney-General v. the Dean of St. Paul's.

VICE-CHANCERY.-(SATURDAY.)

WESTLAKE V. WESTLAKE.

Henry Westlake, a grey-headed west country farmer, the
defendant in this suit, was brought up in custody for his con-
tempt in not putting in his answer.
The VICE-CHANCELLOR—Why have you not put in your
answer ?

Defendant—Whey, I'se rather make it up in another
way, if you plase.—( Laughter.)
The VICE•CHANCELLOR—But that will not do. Are you
too poor ?
Defendant—l be, Zur. All the things I'd got ha' gave,
zum one way, and zum another. I thought I zho'd ha'
had zumthing arter harvest, but they put the overzeers on
me, and zold what I'd a got.
The. VICE-CHANCELLOR—Have you employed any
Solicitor ?
Defendant—No, I ar'nt, Zur.
The VICE-CHANCELLOR—Why don't you ?
Defendant—l don't know. I can hardly move out of
the place. I'se bad in my leg.—(Laughter.)
The VICE-CHANCELLOR—I am sorry for that; but are
you so poor that you cannot employ a solicitor ?
Defendant—Why, I don't know how to do it, Zur.
They ha' sold every thing I'se possessed of.
The VICE-CHANCELLOR—Why does your Solicitor not
go on with the matter ?
Defendant—l never employed any body yet.
The VICE-CHANCELLOR—Have you any property ?
Defendant—Very little.
The VICE-CHANCELLOR—HOW much do you suppose P
Defendant—l can't tell ; there is very little 'gin I'se
paid one and another.
The VICE-CHANCELLOR-5001.
Defendant—Vivo hundred ! God bless'ee, Zur.
The VICE-CHANCELLOR—WeII, 1001. ?
Defendant—No, I can't tell I'se zure—(Laughter) ;-
1 once 'ad a good many pounds.
The defendant having been sworn by the Registrar as to
whether he was too poor to employ a Solicitor, and having
answered in the affirmative, his Honour directed the usual
order to be made, and the poor old man was escorted out
of the Cow t by his attendants.

ROLLL'S COURT.-(SATURDAY.)

MALINS Z. FLETCHER.-JUDGMENT.

This was a bill filed for the specific performance of an
agreement. The plaintiff being entitled to an estate
called the Rookery, at Woodford, in Essex, employed
Messrs. Ellis and Son, as auctioneers, to sell the same by
auction, in five lots, on the Bth of May, 1834 ; and the
same auctioneers were employed by a Mr. Davis, to sell
for him an estate at Leighton, on the same day, and at
the same place, Garraway's Coffee House. The defend-
ant, a cheesemonger, carrying on business in Southwark,
was a friend of Davis, and having met Davis on the day
preceding the sale, he offered to go and bid for him, which
offer Davis accepted. A meeting was appointed to take
place at the auctioneer's on the following day, at
twelve o'clock, that the defendant might receive in-
structions from the auctioneer ; but the defendant not
arriving at place of meeting till between one and two o'clock,
hurried away to Garraway's, without having received instruc-
tions, fearful that he would be too late to bid for Davis. The
defendant arrived at the auction-room while the second lot
of the plaintiff's estate was under sale. Lot 2 of the plain-
tiff's estate was bought in, and the auctioneer having de-
scribed lot 3 in terms wholly inapplicable to Davis' estate,
offered it for sale. The defendant went on bidding for it in
a hasty and inconsiderate manner, until he arrived at
1,4001. ; the lot was then knocked down to him, and
the auctioneer declared the property absolutely 'sold. An
individual present, also employed by Davis to bid for him,
asked the defendant what had induced him to purchase the
lot, to which the defendant replied, it was Davis' property ;
and upon being informed of his mistake, he appeared much
flurried, and said he would speak to the auctioneer. Hav-
ing waited until the sale was over, he informed the auc-
tioneer of his mistake, and refused to sign the contract or
pay the deposit. The auctioneer wrote his name as a
purchaser on a copy of the conditions and particulars of
sale in such a manner as the plaintiff alleged to make the
contract binding on the defendant, and therefore insisted he
was articled to a specific performance.
Lord LANGDALE, in giving judgment this morning, ob-
served, that in cases of specific performance the Court
exercised a sound discretion, and would not in all cases en-
force its jurisdiction. In cases of intoxication, although the
party might not have been drawn into drink, yet, if the
agreement was made while he was in a state of intoxica-
tion, the Court would not decree a specific performance.

After carefully reading over the evidence, his Lordship
was of opinion the defendant bad never intended to bid
for the estate ; and if the defendant's conduct had occa-
sioned any loss to the plaintiff, for that he would be an-
swerable, and the plaintiff might sue him for damage ; but
it would not be equitable to compel him to perform the
contract, and therefore the bill must be dismissed without
costs.

DOBSON V. LYALI..—(JUDGMENT.) •
In this case, the facts of which were given when the case
was argued, the MASTER of the ROLLS decreed the Bot-
tomry Bond to be void as against the plaintiff, and directed
an account to be taken of what was due to him.

In consequence of the absence of Mr. Kindersley, who is
labouring under an attack of the prevailing. influenza, his
Lordship was unable to proceed with the business, and the
Court rose at half-past eleven o'clock.

KING'S BENCH.-(SATURDAY.)

TX PARTE FETHERSTONHAUGII.

The ATTORNEY-GENERAL said he litid nn application to
make which caused him considerable pain, inasmuch as the
necessity which prompted it showed that justice was not
administered in some of the tribunals in this country in that
way in which all well disposed persons might desire. His
motion was for a 'z..v.iiorari, directed to the Mayor and Jus-
tices of Worcester, commanding them to return into this
Court certain informations taken against Alexander Fether-
stonhaugh and Joseph Fetherstonhaugh, on the 14th of
November last. It appeared from the affidavit of Alexan-
der Fetherstonhaugh, that he has resided for eighteen
years and carried on the business of a chemist and drug-
gist in High-street in the city of Worcester, having
during that long period earned and retained the good-
will and friendship of. all his neighbours. The otherper
son, Joseph Fetherstonhaugh was the brother of Alexander.

The OIIIEF JUSTICE—Erom what jurisdiction do you
wish to remove the case ?

The ATTORNEY-GENERAL—The parties on whose be-
half lie moved were bound over to answer any indictment
that might be preferred against them in the city of Worces-
ter. The circumstances which led to the present proceed-
ings were these. It appeared that some time previously
Alexander Fetherstonhaugh employed as his attorney and
solicitor in a certain cause a Mr. Holden, and had advanced
him several sums of money on account, for which he re-
ceived vouchers in the usual manner. Subsequently a
meeting was held at the house of Mr. Fetherstonhaugh
for the purpose of settling accounts, and when the items
had been fully gone through, the documents and vouchers
were put into a drawer in the presence of Mr. Holden.
In a few days they were missing, and as no one was
aware where Mr. Fetherstonhaugh placed them but Mr.
Holden, that gentleman was asked about them, and denied
all knowledge of them. Under these circumstances Mr. Hol-
den sent in his bill for fees and disbursements to a considerable
amount, without giving the proper credits. On the 14th
of November Mr. A. Fetherstonhaugh went to the house
of Mr. Holden to see him on the subject of his demand.
Holden was then in bed, and until he could dress, Mr.
Fetherstonhaugh was requested to remain in an adjoining
room. While in this room he saw a bundle of papers,
which appeared to be the vouchers and documents respect-
ing the account which he had put into his own drawer, in the
presence of Holden. Holden shortly afterwards came in, and
when he saw the state of mattershe appeared abashed, endea-
vouring so to place himself as to cover the bundle. Mr. Fe-
therstonhaugh then gave the bundle of papers to his brother
Joseph to carry them home, which he accordingly did,
Alexander following. On their arrival at their house, it
was found that in the bundle there were two or three other
papers not belonging to them ; these were immediately re-
turned to Holden, who at once obtained a search-warrant,
and the premises of Mr. Fetherstonhaugh were searched
as for stolen goods. It was stated in the warrant
that several goods and chattels, to wit, certain draft
bills of costs and of cash accounts between Holden and
Fetherstonhaugh, and several agents' bills of costs, and other
papers were stolen, and it authorised a search for the same
in the house of Mr. Fetherstonhaugh, who was absent from
home when the search was made ; and on the 14th of
November he was taken into custody, and brought before
the Magistrates, the Mayor and Recorder of Worcester.
An investigation took place, and the facts now stated were
given in evidence. A charge of felony was brought against
Alexander and Joseph Fetherstonhaugh, and he (the At-
torney-General) was sorry to say that upon that occa-
sion the Mayor and Recorder of Worcester bound over
both brothers to appear to answer a charge of felony, but it
should be stated that the Reborder then expressed himself—
I beg pardon, my Lords, I am wrong in saying it was the
Recorder—l find it was the stipendiary magistrate of Wor-
cester, Mr. Sidebottom. He said, " I totally acquit Mr.
Alexander Fetherstonhaugh of any intention to defraud, or
of any other guilty knowledge in taking away the accounts,
but I must admit that the return of the other papers does
not purge the felony." And the Mayor saidhe did not lika:the
term felony—that was too strong a word ; but yet he bound
both gentlemen over on a charge of felony. And, indeed,
since the days of Dogberry, there was not heard such
strange conduct in the administration of justice.
The CHIEF JUSTICE—This took place on the 14th of
November, was there not a sessions since ?
The ATTORNEY-GENERAL—The informations are re-
turned to the Assizes. Mr. Fetherstonhaugh has made an
affidavit, stating that a charge of felony having been made
against him, has pressed heavily upon the mind of his wife ;
and the very fact of his being obliged to stand in the felon's
dock, to plead and to hold up his hand in the usual man-
ner, were in themselves a great hardship upon a respectable
citizen, of unimpeachable character. He did not wish to
remove the trial to Gloucester, or to any distant county.
All they required was to have it brought from the city, to
the county, of Worcester.

The CHIEF JUSTICE—Was the charge of felony con-
fined to the bundle of papers ?
The ATTORNEY-GENERAL—Entirely so, my Lord.
The CHIEF JUSTICE--Take your rule.
COURTENAY V. RAPHAEL AND ANOTHER.
This case was tried at the last London Sittings before
the CHIEF JUSTICE. It was an action for breaking and
entering the plaintiff's house on the 3d of June, 1835. The
defendants were Sheriffs of the city of London, and it ap-
peared that an execution having been obtained against
Charles Baker Courtenay, jun., at the suit of a person
named Hart, a writ of fieri facia: issued, and, in conse-
quence, the defendants, on the day named in the declara-
tion, entered his father's house, seized all his goods, and re.
mained there for a fortnight, a time longer thanl' was neces-
sary, even supposing the house and the goods therein to belong
to the younger Mr. Courtenay. There were several pleas,
but the chief one stated that the defendants had not stayed
longer than was necessary, upon which the plaintiff now
assigned, and the material question as to the fact of a tres-
pass by reason of remaining too long on the plaintiff's
premises. At the trial it was contended that the assign-
ment of the house and goods to the father by the son was
only colourable, and the Jury found a verdict for the de-
fendants.
Mr. ECLE now moved for a rule to show cause why that
verdict should not be set aside and a new trial had upon the
ground stated, namely, that relating to the trespass in re-
maining so long upon the plaintiff's premises.
The COURT thought the Jury had fully decided the en-
tire question, and therefore refused to set aside the verdict.

LLOYD'S SHIPPING.-(SATURDAY.)

DEAL, JAN. 13.—Wind W.N. W., squally. _Arrived from
the River, the Emma, King, for the Cape of Good Hope
General Kydd, Foord, for Madras ; and remain. Arrived the
Louisa and Eliza, Southend to Bristol ; Elbe, Newcastle to
Boulogne ; London, Liverpool to London.
PORTSMOUTH, JAN. 13.--Wind W. N. W.----Arrived the M.
ria, Collins, frees London for Corfu • Endeavour, Johns, from
ditto for Marseilles ; Creoles, Tulloch, from ditto for Rio Ja.
noire ; Express, Bartell, from Konigsburg for New York;
Heber, Dodd, from Memel; and Neree, Lendrce, from New.
castle, for Nantes.
ived the Francis South, Edmon
Cowan, JAN. 13.—Arr
from Calcutta ; Lord Saumarez, Shields, for the Mauritius.
TORBAY, JAN. 12.—Wind S. S. W.—Arrived from London,
the Regent Packet, Houghton, for the Cape of Good Hope.
13.—Wind E E
PLY MOUTH, TAN • ••N •' • •
FALMOUTH, JAN. 13.:_—Wind S. S.W., strong breezes.
SCILLY, JAN. 10.—The crew of the Elizabeth, Phillips,
from Newport, and the Mary Ann, Griffiths, from Cardiff, both
of Cork, which were abandoned on the 25th and 29th ult.,
have been landed here, from the Orlando, Coulson, from
Gloucester to London.
CREEK, JAN. 13.—Arrived the Clipper, Holland, from Con-
stantinople; Amy, Fowler, from Leghorn; Sovereign, Stokes,
from Messina ; and Fortitude, Thompson, from ditto.
RAIMSOATE, JAN. 13. Arrived the Sarah, Lees, from Lon-
don, with windlass damaged, and loss of anchor and chain,
bound to South Australia ; and Breadalbane, Morris, ditto,
pumps clicked, bound to Santander.
CORK, JAN. 11.—Sailed the Maitland (transport), for the
Mauritius ; and Prince Regent (ditto), ditto.
WATERFORD, JAN. 10.—Arrived the Margaret (steamer),
from London.
LONDONDERRY, JAN. 10.—Arrived the Mentor, Barret, Riga
YOUGHALL, JAN. 11.—Arrived the Penelope, Huntrod,
from Quebec-
BATAVIA, JAN. 19.—Arrived the Javaan, Adrian, from Am-
sterdam.

JVv
MILFORD, JAN. 12.—The St. Patrick, from Newport to
Cork, and the Elizabeth and Mary, from Swansea to Youghall,
have put into this port ; the former with loss of mast and bow-
sprit, and the latter with damaged bulwarks, &c., having been
in contact.

Mr. and Mrs. Wood have, it is said, positively re-
fused the offers made to them by the lessee of Drury-lane
Theatre. Mr. Osbaldiston has likewise applied to these
vocalists for the exercise of their talents, upon extremely
liberal terms. Mr. Wood and his wife, however, for the
present, are resolved not to engage at either of the metro-
politan theatres.

MURDER IN RATCLIFF HIGHWAY.

On Thursday an inquest was held on the body of John
Holliday Ready, residing in the Highway, who was stabbed
in his own house, on Tuesday night, by a man named John
Pegsworth, who has been remanded by the Magistrate.
The Jury viewed the body of the deceased, which la•r at
his own house, No. 125, Rateliff-highway, and saw the :till
extent of the wound. The heart was completely perfo-
rated, the knife having even touched the ribs.
The evidence gone into was a repetition of that given at
the Thames Police-office on Wednesday, with the excep-
don of that of the deceased's wife, who was not examined
by the Magistrate in consequence of illness.
The CORONER charged the Jury, and said it was such a
clear case that there was no occasion for him to address
them at any length on the subject.
The Jury immediately returned a verdict of " Wilful
murder against John Pegsworth ;" and the CORONEU
issued his warrant for the committal of the prisoner to
Newgate for trial at the next Sessions of the Central Cri-
minal Court.

The greatest excitement prevailed in the neighbourhood,
and it was found necessary to keep a policeman at the door
of the deceased's house and others in the stri•et, to clear
the crowds of persons whom curiosity had drawn together.
Since the horrible murder Of the Marr's family, in the same
street, no circumstance has excited so much sympathy and
curiosity. There were several rumours in circulation re-
specting the murder of Mr. Ready and his general conduct,
which are entirely devoid of foundation.