The Sun.
London, England, 1823-08-08 00:00:00

THE LAN. DOWN

cltaloittle, a the ,4 LAITSDOWN MANUSCRIPTS",
,been printed by authority of the Royal Cominifion on public
Records. The. preface contains many interesting
I'his collection of Manuscripts was purehaseillit-tss a',
vote of Parliament, of tba Representativeii of the then' late
Marquis of Lanaclown, for the sum of 4,9241„ TbeCatalogne,
is divided into parts ; the first consisting of the Itureiley '
Papers only, the second comprehending the renairider 'of the
Manuscripts in general, including the Cresar anti Kennett
Papers. ,Of the Burghley rapers one volume contains, Copiesof Chartera, &c. of an early period ;
,but the remainder,
talone hundred and twenty one voltriftes,., in folio, consist
of State Papers, interspersed with Miscellaneous Correspond-
ence during the long reign of Queen 'Elizabeth ; and, among'
these is the Private Memorandum! Book of Lord Bnighlry.
Exclusively of the larger series, this collection -of •manuserilits
comprehends ,many valuable works on. different subjects. In,
British Ilistory, Topography, and Jurisprudence, the collec-
tion is particularly rich. It Contains-a beautifully'
nateti manuscript of Hartinng's Chronicle, as it was presented
by its Author to Henry •V 1. It deserves especial notice. it
was formerly Sir Robert Cotton's, and it differs from the
printed copies of the Chronicle (which come down to Edward
IV's time) so much as not even to admit'of collation. Also, a
fair transcript of the Chronklc of 4ndrew Wyntown ; and
three volumes of original Correspondence, the first containing
Letters written by royal, noble, and eminent persons of Great
Britain froM the time of Henry VL to the reign of his
present Majesty. The Most important document in the
other two volumes is, the memorable letter of lady 'June
Gray, as queen of England, to the Marquis of Northamp-
ton, requiring the allegiance against what she calls " the
fayned and untrewe chyme of the Lady Mary, bastard
daughter to our great Uncle Henry th'' eight of famous Me
moue." There is likewise a valuable " Treatise on the Court
of Star Chamber," written in the time of King Jetties the
First, and King Charles the First, by William Iludson, Esq.
of Gray's Inn.—ln Biblical learning, the collection contains
two 'volumes of particular interest. One is a fine Manuscript
of part.of the Old Testament, in English, as translated by
Wiclfik; the other is a volutrie elegantly written on vellum,
and Illuminated, containing part of a French Bible, translated
by Raoul de Presle, or Praelles, at the command of Charles V.
of France ; a version of extreme rarity even in that country.—
There arc also some fine 'classical manuscripts; amongst them
a fur-simlic of the celebrated Virgil in the Vatican' Library,
made by Bartell, in 1142. poetry, beside two beautiful
manuscripts of the fifteenth century, on vellum, one contain-
log the Sonnets of Petrarch, the other the Comer/fa of
there is a verylair and perfect copy, also on vellum,- of the
Canterbury Tales of Chaucer, written about the reign of Henry
.y.; in the initial letter of which is a full-length portrait of the
author. Likewise a volume, partly on vellum and partly on,
paper, being " A Collection of the Poems of John tyrigate,
Monk of BurY," many of which have never been printed ;
and an unpublished' Poem, by Skelton, entitled " The Image
of Ypocresye," believed to be the author's autograph.' And
there is a volume containing twenty very interesung.Treatkos
on lifnsic of the fifteenth century, originally belonging to John
Wyltie, precentor of Waltham Abbey and afterwards to
Thomas Tallys, organist to Henry VIII. ; a manuscript
volume that has been particularly noticed and commented upon
by Sir John Hawkins and Or, Burney, in their respective'
histories bf music.

The late EDWARD ()lAN, Esq. was for many
years an active Member of the Common Council
for the Ward of Farringdon Without. Mr. Quilt
was a native of the Sister Kingdom ; but he had
been long a denizen of the City of London. Tp
great natural talents he added considerable lite-
rary attainments, and an ardent and social tem-
per, which endeared him to the extensive circle
in which be moved. Mr. Quin for some years
before his death resided on the Continent, but
returned to this country about a year ago. The
cause of his death was a stroke of apoplexy. lli
body was found resting upon the wall from
Sheerness to Qneenborough, long after he hail
ceased to breathe; and an Inquest was immedi-
etely impanelled, which 'returned a verdict to
the effect stated.—(Morning Chronicle.).

Mr. SUGDEg called the attention of the Court to this case,
which:had been a. few days` previously under his HOnour's con-
sideration. It would be, recollected that the principal point,
with reference to the petitiOner's claim, had 'already been de-
cided;and hi*Hanonr had directed the ease to be- again men. I
tinned, .in order that .some inquiries might be made with re-
fereriee to general creditors, and particularly with respect to. •
the dtbi due to Mr.' Ifoper of 12,300/. Ott this sum IMO/. ,•
haft been paid, to that gentleman out of the general assets, and
ixpoor. still tonained due. The question yet remained to be
decided bt whom that stun was to he paid ? • He apprehended..!
the petitioner wax clearly entitled to the • residue of • the fund,
411 u, *tint; aside, the sum ,drie,to.Nr.j.loper,• The only,re,
question was, what inquiries should be directed as to
the general Creditors.
•tllr..llEL ~.who appeartd.!on behalf of the general creditors
under , .the ,will pf her Alajr,tuy, apprehended that There were
sonte,ligaldifficUlties with respect to the general creditor* yet
to ti 'tlecidedt • . With .regard to' the debt.due to Mr.• !leper, he
thouihtthe Court would never allow the payment of •a mort-
gagee out of general asset* to. the Injury of subsequent cre-
ditors. The -Vint-Citartert.t.oit admitted that there was some
-difficulty in the utitottion.
r. t. put a case where no appointment had been
granted, and was desitous that' the Court would consider it. •
Th u-CnAxek: tan It said, that If •in case of no appoint.
mrlint being mode...-this property. woUld not become a partiodo
estate! .and subject therefore to general creditors, in that emu
Mr. Austin would be clearly entitled to the surplus proprrtY,
after 'payment of the sum of 2,:100/. to Mr. !toper. The re-
maining question was, whether, inasmuch_ part of that mort-
gage had been paid out of the general estate, if there were
gotelid creditors who had claims upon that general estate which
would have reached the sum so paid for the mortgage, whether
they. had. not a right to claims to the amount so paild out of
the general estate. That was the material question to be con-
sidled.

---140.Sualizie was desirous that an inquiry should bedirected
as to those claims, and that the petitioner rilould be allowed the
sum to which he was clearly entitled, deducting the 9,3001.
There would also be an inqinry as to the amount of the pro.
pert), left by her Majesty.
Mr. BELL observed. that if this heir been the case ofa'iliere
individual, the appointment would have let in general creditors.
Then the question was; did this principle extend to the case of
a font coved 9 That was his only doubt in the caSe..
The VicE.CuaNcELLott would not conclude the Learned
Counsel from considering :the question, lie admitted that a
point might fairly arise, and he would allow time till Saturday
morning to reflect upon it.
Mr. SutinEs: said, that At the time die appointment was
made, she was not in her capacity of Queen.
The Vie e-CitANCELIL.OIt expressed his; Willingness to allow
time until Saturday morning.
Mr. Mu. had only thrown out these elsestions as points of
difficulty arising on the case. Ile did not think he could carry
it farther.
Mr. StionEm was surprised that any question whatever
should he raised. Supposing the properly had been Faris, .
it would then only bee let in creditors of a certain descrip.
thin ; but the property was not rur ,nris' and wholly of a dif•
tatecEr.i.on was desirous of directing an in.
I
number of creditors upon the estate, the
ft:ter;:fte " n
as
lartin
to creut
tc ihe
aniount of their, debts, and the suns which had been paid and
rethained yet due to Mr. I toper.
111 r. BETA. thought that such an inquiry would be satiafac.
tory ; but he doubted whether an inquiry oulht not also to be
directed as to any subsequent appointment with might be in
existence. _ _

had 110 ObjeCtiOli to make this ad.
dition to the order.

..... . ...
Mr. Su CrtiEN conceived that it was wholly unnecessary. It:
wait well known that there wwl no subsequent appointment.
Mr. BEM, admitted that there might be no appointment
subsequent to that of the }}petitioner; but the .Court in these
cases had been in the habit of directing such an inquiry. - '
- The Vter..effaxcEr.t.ott egreed that it had been the cus.
tom of the Court to make such an order in these cases.
Mr. StloDliii was at a lo,; to know where these inquir4S
would end. Ilifliculties and objections out, of. number IWJI
been raised, the object of whiCh he really suspected was. to keep
the whole funds in' Court. ~. •
Mr. BELL appealed to the Court to decide whether it had
not been its uniform pracdee not to ran with money- belonging
to afrrise revert Without an inquiry of this nature being first
_
directed..
The VICE-CITANCELLOR observed, 'that in these cases, it
was absolutely necessary to ccsisider general principle& The
principle upon which the+ rule teas founded was, that there
might be peculiar circumstances in the case, where a party who
had en interest in the fun& in Court was not represented. The
COurt would not port with tire funds merely upon the represent.
Mina of the party.present, but it would send the matter to its
own officer to be invotigated.
Mr. tkoontw observed that it was not here a matter in dis-
pute whether a subsequent appointment existed. The huit
deed contained no power of revocation, and, therefore no subse.
(pieta appointment, if it really were In existence, could operate
against it.
The vicr.c„ANcirt,Lott admitted that the probabilities
were very Strong in the Petitioner 9 favour. It was extremely
fortunate it was so; but yet they were not sufficient to warrant
the Court in parting with this property ‘yitliout such an inquiry.
The Court could not look At tllo parncu tar case, but at tht prin-
ciple upon which it had onitOrnily,eeted. ,
31r. StrunEw was anxious - that as little delay as possible'
should occur.
The V,cr, Id :,c/tAttcst4.oll, w,0,11 :quad
7 the inquiry
to) tha
Master of, the Vacation, eta theses blot to make a 'separate
report -upon the subject. with-liberty to the parties to apply.tiy'
petition to the Master of the hulls. la dint mode of (Jawing

The VICE CHANCEL Lpn, after gating the case, and noticing
the objections urged on'the part of the defendant, said—l do
mot think the argument as to this being a case unfit for the
exercise of an equitable jurisdiction can be supported. The
plait:aid* claims a particular chattel, and not damages in respect
of its loss. The laW only giVeit damagei in an action of trover,
and the plaintiff would be unable to recover the specific sub.
ject which he .claims.. On this ground, therefore, it seems
to me that Courts of Equity have a concurrent jurisdiction
with Courts of Lai,' and will assist a' legal owner in the re.
covery of that. property Which he could not obtain in an action
at law. The Gentlemen who kindly lent to Mi. Hayden those
pictures, which they had formerly purchased of him, did so
with the generous Motive of enabling bins to prove to the pub.
I lie his merits as an artist, but the property in those pie.
turps still remained in them, although the picture were
liable to seizure for the rent of the room in which they
were exhibited. These Gentlemen lent these pictures for the
purpose of contributing to, the reputation of Mr. Haydon as an
artist ; he hired a room to exhibit them, together with others
which were his property, and being unfortunately iti circum-
stances, which the public, has much reason to regret, he. wail
not able to pay fur the room he had so hired. The defentlant
. availed himself of his legal right to distrain all the pictures in
the room, slut he accordingly seised this among the rest. Af.
terwards, however. be entered Into an agreement with Mr. 11.
took a collateral security for his debt, and permitted that Gen-
tleman to take away some of his own pie:urea for the purpose
of exhibitloti elsewhere The defendant, therefore, has given
up the strict legal rights which he formerly possessed, and must
pursue his remedy on the other security wiirch'he has accepted.
His Honour than commented on the objection As to rht assign-
merit to Mi. Harrison, and stated that the defendant could not
now raise that objection, as until this moment he had claimed
the property in the pictures on his own account ; and he fur-
ther obserted that the delay alleged was answered by the affi-
davit of the plaintiff, whose statement 4as fully confirmed by
the circumstances of the case. /2e therefore granted the in.
junction in the terms prayed.
It was stated, that the Master could not receive thil(picture
in his office, and sonic dispute arose as to the place in which it
should he deposited. His Honour thought it should uu given
up to the plaintiff, upon his undertaking to preserve it, anti to
be ready to act with it as the Conrt should afterwards think fit.
Mr. Strom:sr strongly objected to taking the picture from
one of the litigating parties, and giving it to the Oes.; but
The VICE-CIJANCELLOA observed, they were not strug-
gling for the possession of the picture, but for the property in tt,
and he therefore ordered it to badepositedin the manner he had
before stated, until all the merit*Of the case, both at law and
in equity, had been ascertained.