The Sun.
London, England, 1823-11-15 00:00:00

NUAIBER 9744.

VERY FAST TRAVF.LLING,
TO DOVER, DEAL, HAMSGATE, MARGATE, AND
CANTERBURY.
FOUR INSIDE COACHES, AND KEEP GOOD TIME,
BY S. A. MOUNTAIN and Co.
SARACENS HEAD INN, SKINNER,STREET,' SNOW-
HILL, LONDON.
TIIE following LIGHT POST-COACHES,
and MAILS, &c. set ont 'from the above !nit:—
The Royal Telegraph," DOVER, Deal,'ltumagate, Mar-
gate, Brosidstairs, Canterbury, Ferershani, and Sa tidwick new
superior fast Coach--every Mousing
.at a quarter pa6t Seilgt
is Clock. In consequi ace of the decided preference given to
the Telegraph cuach, the Proprietors are determined. no
eepence shall be spared to rends, it the first conveyanee on the Kent Road.
BROM PTON, Chatham and Rochester, Gravesend, Stroud,
Sittinghourne, Rainbow, and Ospringe, Moroing, Quarter
past 7.
. .
-The " Tally 110," to BIRMINGHAM, in 13 hours only,
and driven through with two Coachmen, fast Dae
Morning at a quarter before 7 o'Clock, through Itedhurn,
Market Street, Dunstable, Bricl,hill, Fenny Stratford, Stoney
!,.tritfttrd, *ToWcester, W'eedon, Daventry. ittincloirch, Co;
ventry, and Stone Bridge, to the Castle Hotel and St. ticorge's
Tavern, High.street, Birmingham, to Shilfnall, Wellington,
Itridgenorth, Shelton, Shrewsbury, Salop, Oswestry, Nant-
wich, Tarporley, Bangor, Chester, and Holyhead --1 n con-
sequence of the decided preference given to the Tally Ho
Conch, the Proprietors are determined nu expence shall be
spared to render it the first conve,atice on the Birmingham
Road,
i'Die "Sovereign,'' New light fast Coach to FALNIOUTH,
n'ettUuulit, Exeter, Iron), Bolton's, Penryn, Ashburton, Tot-
, Dartmouth, IVeyrriouth, Dorchester, and Salishory,
""rY morning at Seven ; through Honiton, Axminster,
liridpi'rt, Ilhoirlford,Stockbridge, Stu ton, Basingstoke, Hart-
ford Bridge, Blackwater, and lingsbot.
WOLVERHAMPTON, Dudley, and West-Bromwich,
through Coventry, the only Day Coach, Morning, at a gout-
ter before Seven o'Clock.
whit The only Day Coach to WEYSIOUTII, (driven through
Basin Two Coachmen only) !B
, through Bagshot, ackwater,
gstoke, Overton, Whitchurch, Andover, Woorlyeats,
Cashmore, Salisbury, Blandford, and Dorchester, at a Quar-
ter Past Five ()Thick in the !droning. Packets from Wey-
mouth to Guernsey, .Jersey, Cherbourg, St. Maloc's, &c.
"erY Wednesday and Saturday afternoon, at Two o'Clock.
WARWICK and Leamington Day and Night Coaches.
The er Onion," sourtmmirros, Lyiningron, Lyndhurst,
Winchester, Itisingstoke, Hartford Bridge, Black water, and
Itagshot, New Four Inside Coach, every Morning at 8 o'Clock;
arrives at the Coach arid Horses and Vine Inn, Southampton,
11 Fire o'clock. This is a most delightful Conveyance to
the Isle of Wight, Jersey, Guernsey, St. Maloes, Havre de
Lunch, &c.—The Proprietors of the above
ruorie to receive a continuance of that support which
ilaS hitherto 1
the rt Union."'een
New light Day Coaches to DORCHESTER, iu 14 hours
ouy, througl, Ita ,tshot, 13Iackwater, Basingstoke, Overton,
Cos►
and
, Atislver, Salisbr, ooy eats,
ITholdlord,Whitchurch at a Quarter pastu FiyveW andd Seven o'clohckmore, in the
rooming.
BA I 3 and BRISTOL Post-Coaches, through Chippen-
,j'akl, Caine, Marlborough, flougerford, Newbury, and Read-
'ig• every Afternoon at one; arrive at the Greyhound Inn,
til
'491, the London Tavern, Thomas-street, and Swan, Bristol,
44,r1Y the next Morning.—Coaches to Wells, Bridgewater,
, aonton' and Plymouth, at reduced Fares.
The Umpire," a New LIVERPOOL Light Coach, only
"ne Night on the Road, carrying Four Inside, sets out Daily
Out • arrives Liverpool nex afternon, throug Wu.
•Latirbury,at Northampton,t Welfordo, Lutterwh orth,
Atherstone, Litchfield, Stone, Newcastle, Kuuts-
' tl)td, Warrington, and Present.
SHREWSBURY, Wellingtort, and Shitrnal, Light Post-
C'o'aches, every morning and afternoni.—Guarded.
HARNSTAftE, Southinolton, and Creditor). New light
"'ulteii, every Ntonday, Wednesday, and Friday Morn •
g..s,..:l,tieeen o'cloctuckin ha k.
er,trry Afterfluuu
LEEDS light Post Coach, sets 'out
at T:VO gie'rrdile, Eaton, Buck I and passes through Baldock, Big..
~
ham ttotd Itden, Stilton, Wansfurd, Stamford,
Graethain, Newark, Trixfotd, Markham Moor,
It;o,
Idets 1.-ioar7rltitYtel°,elieetlass,tenr'ext andAfternoo Ferryhridn
a gt
Three
arr
ock o'Clives at the,
Bfield Coaches radford, Halifax, Skillt°ll*
.
and Hodder'.
at Reduced Fares (driven through with Four
Nultcwiner' ""IY).---larggage and Packages only id per lb.-
4._ ithstandiug the uncommon Expedition of this Coach, it
!le flowed to be the most agreeable arid complete Public Con-
ll.e taince mi the North Road, being unequalled by any other.
A e ItROWGATE and Ripon new Light, Post Coaches, every
41(,,tit,troon at Two, and Eight the Morning.
BrowA,SGOW, Longtown, Gretna-green, Annan, Dumfries,
Slid "ills 'l' hornhill, Cannsock, Kings well,
Parts of Scotland, it light Four inside Post Coach daily.
hien 1' 'rally Ho," COVENTRY light fast Day Coach, every
4.,ho'st"i:ligiael a quarter before Seven o'clock, through R":1""r",
lid , Stoney Stratford, Towcester, Weedon, Daveutry,
and Dnachnrch, to Warwick and Leamington,
1,11(4,41111A1.), lit idgrnortli, Walsal, Sklar wshu y, and Sa!
Aew light fast Coaches, every morning and atiernoon.
s,111.;" " Express," to YOltri, Scarborough, Whitby, Shields,
i4,i'.i'lerlatot, Newcastle, and Edinburgh, a New light Four
ev„,:":`:.Post Coach, with a Guard throughout ,• sets out
P,;•ll.Alorning, by way of Newark, Itet ford, Doncaster,
ltli;lll"ridge, radeaster, Dartiugton, Northallerton, Durham,
andM
ti Berwick, and arrives at York the next torn.
n, reduced Fares. Driven through with Four Coach.
ialnilt.l.l.l, Passengers finding themselves fatigued on the
eqOlY., may rest what time they please, and then proceed
',i4.,\:,,4 Y addnal Fare.
r"u"1,1101tOUGH and Swindon, four. inside Day Crutch,
dlilbourn, Residing, Lernbotirn, Porton, Lydington
agil Neti:t). Wootton Basset, Itamsbury, Hungerford, Newbury
New Driven through with One Coachmen only.
)10,3,e -ew Royal Patent Mail BOSTON arid Louth, through
kt',„."", Cambridge Hunting' don, Stilton, Pete' borough,
t,.te.!ti',g,' studding Spilsby Alford, Otio,shy, arid Hull,
kith, r:;!: 10 Half Severn o'Clock, Sunday, at a Qoarter
The o ;en'
Poet Coach to
CArtitsi ',Oresst," a New Light Four-instrle P
wa Penrith and Whitehaven, with a Guatd all
),idgjitreaii"les thro:igh Appleby, !trough, Bowes,
,G.rdetrer-
tracestee 4,4'11(1, Catterick, Boroughlirtilg.e, erryori. g
•iNewarlt, Hawn'', Grantham. Stamford,
.Gree-
Liltyoe;o4intrvelitt.u.:l) Iliggleswade, and Itablock. , Sets out in tire
d Performs the journey with the greatest faei-
iit4inests ess t'e," Peres. Passenger' detained on the Road by
Pleasure, have the peculiar advantage of their
‘ierich
.seeured in the next Coach.—The only direct
:rhe
Ntarthile.
114,v, " ItoYal Patent Mail, CAMBRIDGE, through
fast ut,piogford, Bricklarol, and Royston* Evening, at
Nevelt o'Clo•k Sunday, at is Quarter before Sever,.
C11..' 'JAL ' •
L d le Bolton
Aticasier, ssir.sy- oils. ,
I.yr
qu'ruhi 4`-'n'POstrit, and Gondar); Light l'ost Coaches, ea 1..
iorke sr it 11 afternoon.
11,,LIViiiti)/(4,),txpress," New Light Four Inside Post
.Coach,
virot, no 26 hours only, through
, (41.. , ougleton I t Newcastle, Warringtoni,
Itrlgly, kr.oteforr ,
st er W ott,
Od), .!""rd, and Litchfield, (only One Night on the
Itait.v.,7).Aftrirririoni' arrives at the Sara,een's
tri et, Liverpool, next Afternoon. 'l 'he 11(11'4 .
. Head
:rerieeßCs l
lireevellers who honour this Couch with their pre-
y slperinr to any other on thisthe
4 7 (I* 4 Pre" is strivers t hroughout with Four Coachmen
joti„,,:ii:nlo,(le..ss than any other Coach to Liverpool), a. caring
1,411ft,,,,;t1.411 too evident to reqoire comment ; besides HuupJ i
the espee'ally to Commercial Interests, of
nit the ! •r • • • other Coach
Ji't'ney in lass tune than any
i`t,ar ~ ttah ,tarnling its cheapness and expeditom,,the Pro'
eriu. lige themselves that for safety and accommodation
01'4 ''d 11 fe
tirh Foiti) and shall he surpassed by. none.
HIRE POWERIES, a hew light very fast
44714 `iY afternoon, to !amend, Stoke, Shelton, Borden),
tl'i,to;,',lll‘elon, Hardy and Holmes Chapel. This is the
tljrlr.Ak.}..,pirr.rect to. the Potterit 11.
Afte•lsoon D ll4
-, Four ;mirk Post-Coaches, every Morning
.;
. reduced Fares.
kr:rtheio,`•.nsNewport,Whiteeltureb,'larporleY, t leh g.Nam)). se.-
l'rerso 1 l' 1 C
twic ig oaeoes, every rooming and
Ale 'wilt Post Coaches every morning and after-
Z:"/'tseNq! N 4•
tiltan 11 Ualdock. Rigglese St. Newts, Buckden,
, and wad
Wandsfurd.
ItLANDs 'Stockto, arid Vern) Light Post Coach

SATURDAY, N OV:;31 BE R 15, 1823.

LAW INTEI,I4I.GENCI

counT CHANCi., V, N9v. 14.
ISF.E.S. V. wann•
Proceedings in this protracted and expensive mat were re.
newed this morning, by tfrnotioe to review the proceedings in
the last.trial at law, by which the, legitimacy of the heir at law
Wa4 established, and to direct a new issue—the grounds of the
application being the partial exposieon of the evidence, and a
direct miscarriage of the doctrine on the law ofmarriage effected
in the charge of the Chief Justice.
Mr. SCAS.LrrT, Mr. fIASELEF, Sild Mr. PHILLIPS at.
tended froM the common law bar to assist in arguing the ques-
tion,. The reader will recollect, that the right of the plaintiff,
now declared by the verdict to be heir at • law, was derived
through ancestors who were issue of a marriage concerning
which it wars doubtful whether it occurred within or without the
period of Lord Ilardwicke's Marriage Act, which °pentad an
entire alteration of the law of the land upon marriage
contracts: It was assumed, and in tame measure proved, that
a marriage in the nature of a Fleet marriage had been contracted
before the timing of that Act ant ha private marriage in thel
yen or two subsequent .to ,tl;eepasiNig of the Act was este-
Wished. The questions now set up particularly controverted
the evidence of this first marriage and the opinion given by the
Uhief.Tustiee in chaiging the jury—that a marriage without re.
ligioui solemnization, or the presence of a priest, and merely
with with consent of parties, admitted before sufficient witnesses
and followed •by cohabitation and especially with issue, was,
before the pak4mg of that Act, a valid marriage fbr all purposes
whatsoever, according to the then known law of the land, as was
the case -with the law of Scotland to this day.
Mr. SCARLETT was first heard. He expounded the law of
marriage relatively to the times previous to the Marriage Act,
as it is to be deduced from statuable provisions, and cases
ruled at common law respecting the widow's right of dower,
administration, and guardianship ; contending that ell the
several acts and cases to which he referred, either directly in-
culcated or implied a doctrine commonly known and recog-
nised which was directly opposite to that propounded to guide
the discretion of the
,jury by the Chief .Justice. He then ap-
plied himself to the directions of the learned Judge on the evi-
dence given in the cause, the particulars of which would be un-
interestiV to any but the parties in the cause.
Mr. WETHEIttI.r. followed on the same side. Ile directed
his argument by the doctrines and constructions to be found in
the Year Books Abridgments, and Commentaries. He traced
summarily the legal practice and law of marriage down from '
the time in which Pope Innocent 111, decreed the religious ee.
lebration of marriage ; before which period all that was now
known of the ceremony was the appearance of the bridegroom
at the house of the father, from whence he took the bride to his
own home and residence, and from that ceremony was derived
the phrase in the old law of duerre exorem. He admitted in
some sense that the doctrine of the Chief Justice was correct ;
that marriages of' that irregular •celebration were before
Lord Hardwicke's Act good in some instances. lie would
allow, them to be good in the same degree as that in which they
were admitted in the work of Sir William Blackstone ; and
considering the well-known disposition of lawyers to do what
they honestly could in enlarging the jurisdiction of their courts,
considering also that the learned and elegant author was a
doctor of civil and common law, that it would naturally be the
,
interest of those jurisdictions to give tne largest construction
to any questions affecting marriage-contracts he need not affect
more liberality towards marriages so celebrated, than was to be
found in that book.--14 Any contract made per rerba de prat.
mull, or In words of the present tense, and in case of cohabit-
ation per verba de futuro, also, between parties able to contract,
was, before the late Act, deemed a valid marriage to many
purposes, and the parties might be compelled, in the Spiritual
Courts, to celebrate it in facie reclerice." To this extent he
would assent in the doctrine of the Chief-Justice, that such a
marriage was formerly good to many purposes was law ; that
it was good fur all purpose: was not law. It might have
been good in raising the presumption of precontract, in binding
the husband, in restraining him from a second marriage, in
relieving the parties from the infliction of penance, and many
other particulars within the purview, scope, and economy of
the Ecclesiartical law. But he would provo from multiplied
instances, which he bad collected with no slight trouble of in.
vestigation, that a marriage of that kind never was considered
valid for all purposes at common law. He would begin with
tie case of Foxcroft, which was as old as the reign of Edward
First, and was first quoted from the patent rolls: into Roll',
Abridgment. " It., being sick (infirmus) and in bed, was
married by the Bishop of London to A., with whom he had
cohabited, and who was pregnant by him, and died 1.1 months
after the child was born ; held, that the marriage was not good,
that the child was a bastard, and the land escheated to the
lord." So that in these early time there were three things ne.
cessary to give validity to a marriage, so ns to make the issue
capable of inheritance-.a priest, a church, and religious
ceremonies.

parsiENT or PRIZES drawn on the Pah and 31st Day. o
. October lint, being the THIRD and FOURTH DAYS 01
. DRAWING the THIRD LOTTEItY tor the year 1824,

LorrEity-o FFICE, SOMERSET-PLACE,

November 15, 1823.
THE COMMISSIONERS appointed for MA-
NAGING the LOTTERIES do hereby gire Notice,
That Numbers of TICKETS and SHARES thereof in all
preceding Lotteries may be examined at this Office every day
(Soodwys excepted), with their Registers of Benefits and
Blanks,

And the COMSWISIONERS appointed to take in the BE-
NEFIVIICKETS Of the THIRD Larl'EßY for the year
IM, du hereby give Notice, That they will attend at their
Office, ut Somerset-Place, on WEDNESDAY, the 19th inst.,
front Ten o'Clock in the Forenoon to Two o'Clock in the
Afternoost, to take in and enter the BENEFIT TICKETS
drawn on 'l'hutsday, the 16th, and Fridayi the nist days of
October last, being the Third and Fourth Days of Drawing
the same Lottery, to be exchanged fur Certificates pursuant
to the Act of Parliament in that behalf.

And for further dispatch thereof, the said COMINSION.
EMS will take in and enter tbe TiCKP I'S numbered front
Nu. Ito No. 10,000 at one seat, and the Tickets numbered
from No. 10,001 to No. 10,000 at another seat, and the per-
sons possessed thereof are directed to bring with their Tickets
separate Lists thereof, marked A and 13, furu►ed in nu►ueri-
cal order, adapted to each of the-said seats, and at the bot-
tun► of each List to write the name and proper additions of
the person entitled to the value of the said Tickets.

And the said COMMISSIONER-1 also give further notice
That Certificates fur the value of the said Tickets will be de.
livered out on SATURDAY, the 920 slay of November in-
stant, at Noon, after which the said COMMISSIONERS wji
take in and enter Tickets in their usual Monthly entry = and
all persons are desired to observe they must bring tipli.
cotes of their Lists when they come for their Certificates.

The COMMISSIONERS also give further notice, That
a Bond of indemnity must be entered into by two respee'aii:e
Housekeepers (to be approved by the said COMMISSIONERS)
together with the person entitled to the value of any Ticket
or Tickets which may have been lost, or to any Ticket or
Tickets the Checks of which may have been turn or destroyed,
biters the Commissioners can grant Certificates fur the same;
and that, in case of a lost Ticket, an Affidavit must also be
made of the circumstances attending the loss of the same,
before one of the Honourable Barons of his Majesty's Court
of Exchequer.

The Loan CHANCELLOR asked 3/r. Wetherell if he had
observed two other cases noted in the same chapter of Ears
iMridgrment, in the time of Edward 111., in one of which it
was concluded—" So that no man born after espousals can be
proved a bastard without special matter."
Mr. IVETHE HIM L said, that he felt it to be enough to con.
tend with the propositinu of the Chief Justice, that a marriage
contracted anywhere, and in the presence of any person, and
in any manner, being followed by cohabitation, was for all par.
poses a good ue.rriage. Ire had observed' the case now pointed
out by the Court, but he would own that lie did not know the
meaning of the exception given " without special matter."
The CHANCELLOR asked if AIL Wetherell meant to
contend that before Lord Ilardwicke's Act it was actually ne-
cessary to the contracting of a valid marriage that it should he
done in the presence of a clergyman, and in a church? because
his Lordship had tiersr understood that to have been, the
old settled law of the land. As to the first condition, it must
be recollected that within our own times persons who were not
in priest's orders had fraudulently contrived to he appointed to
serve in the churches, and had solemnized marriages. Was it
to be assumed that all these marriages were void, not One of
which had yet been called in question ? Then as to religious
celebration in church or chapel, marriages bad been celebrated
at the Fleet by persona notoriously not in priest's orders. If
these were really the requisites of a valid marriage before Lord
Ilardwicke's Act, God help almost all the families in the coun-
try, especially if the onus of proving the ordination of the priest
were to be added' to the difficulties of proving the legitimacy.
was a serious question, and went to affect the inheritance
of all the estates in the kingdom.
Ain IVETItEIIEr.r. begged that he might be allowed to con-
fine himself to the limits of argument which he had before pro-
povd—namely, that such marriages were not 'itiHciently valid
to give the issue the capability of inheritance. Ile went on with
1 his doctrinal proofs, which he cited from S'ivinboarne's 4ipou.
salt, from Lord Comyn's Digest, from Snaith's Commonwealth
of England, from the Statute of Dispensations, anti the acts for
regulating the prelatical authority, and from the power of
li-
censing marriages left to the Archbishop, in such cases, and to
the same extent as it hail been allowed under the Papal See.
.The very existence of these provisions, anti especially the power
of licensing marriages, proved that there were particular requi.
sites to make a valid marriage, or what need could there have
been for a licence, and wherein would have consisted the use,
fulness of all this labour of legislation P
The time having arrived for preparing the hall for the stu,
dents' dinner, the remainder of the argument was postponed.

HARR rp: CAI AC.
This cause, which had remained over several days, was men-
ioned by ;lir. HAUT, when the LOUD CHANCELLOR said
'gat he would take it first the next morning.

COURT OF KING'S BENCIL Nov. 14.
v. )VAN ItAtinESLYV.
Mr. J. WILLIAms moved for a writ of Habeas Cowes to
bring up Evan Maudesley from Lancaster, where he is in cus-
tody, in order to his being admitted to bail. The prisoner was
committed under the verdict of a - Coroner's Jury for man.
slaughter, in respect of the death of a female apprentice of ten.
tier years, who was said to have mama for want of proper
treatment and care. The affidavits of the defendant, and of
the surgeon who attended the deceased in her illness, alleged
that she had been ill about a month before her death, but had
recovered by the assistance of care and medicine, and that her
last illness
was diarrhea, which terminated in inflamma-
tion, and baffled the skill of the medical advisers. During the
whole time she was supplied with all that could contribute
to tier comfort or was likel to promote her recovery, and re-
sisted the wishes of those who desired to remove her from her
roaster's house.
The Coe writ, f directing at the same time that
to
a certiorari should 'sine th rr granted
remove the depositions.
The Court way occupied nearly the whole day in hearing the

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