The Sun.
London, England, 1848-12-13 00:00:00

r!if?

1)±-:.c. it. The Acorn, Ge.h.ge, fr,,s) C
Liverp Was a.:siste,l into Cardiff ',toads
d'.3-n -(;, nn.l
OFF DO': 11 DEC. 11.—Orion, Mogadore; 12, Pri.neo.
Edward, Chalmers, Quebec.
PLYm )UTFI, DEC. 2.—Wind P...nf10,
son, Newfoundland. '61(1. Veeltinghl:n, Adelaide, Soutii
Afriea.

tin;, ‘vl.l,s dirPeJA to stL,n-I over till to-day, his Honour
pos*7 -il other business for the purpose of
hex:lng i.tt;:,,!i:l,lly. In coisequeilca of its being geee-
rally known th V tile ease was to mee on to-day, long
before ten o'clock hundreds, anxious to here the case,
thronged the avenues to the court; and upon the ooenio g
of the doors every place was secured, and the
solicitors in the case had the utmost difficulty to obtain
places. •
His Honour took his scat shortly after ten o'clock.
After a few unimportant motions were disposed of;
Mr. J. RussELL said that the Court had kindly ap-
pointed to-day to hear a motion for the dissolution of
an injunction, which his Honour had granted in the
long vacation, exteteleil a short time since, in a suit
in which his Royal Higlinas Prince Albert was the
plaintiff, and Mr. Strange, the eminent publisher of
Paternoster-row, was the defendant. He had now to
move in the case in which his Royal Highness Prince
Albert was the plaintiff, and Mr. Strange was the de-
fendant, to dissolve the injunction that had been granted
so far as it songht to restrain Mr. Strange from publish-
ing the catalogue he had advertised he should publish
of the, Royal drawings and etchings.
The VICE-CHANCELLOR—I see this is a limited ap-
plication to dissolve the injunction. If I recollect
rightly, this application is made upon that part of the
case upon which I expressed considerable doubt and
difficulty at the time the application was made to me for
the injunction.
Mr. J. RUSSELL said that the injunction restrained
his client, Mr. Strange, from doing that which he had
nothing whatever to do with, and the only question the
defendant raised was the right of his Royal Highness
Prince Albert to restrain him from printing, selling, or
publishing the catalogue; and the only objection he
could see to that publication was, that in the catalogue
the flattery was not sufficiently tempered. There was
nothing in it contrary to public morals or decency, and
the only fault the defendant seemed to have committed
was flattering too much. The Learned Gentleman
having read the principal allegations in the bill, and the
affidavits in its support, observed that the Court could
not fail to see that whatever the merits of the case, he
(Mr. Strange) was presented by the bill to the world in
a most questionable light. He was charged with obtain-
ing a copy of the etchings surreptitiously.
The VICE-CHANCELLOR—Does Mr. Strange print the
work for himself or for others?

criticisms on the work: referred to in the eatologue,
were of the most flatteriiirr nature. Nav more,
on the title-pa•re apppared these line 3 from ShaiiiPe4re,
which, showed the inotive6 by which tile defendant was
actuated—

LITERATURE

THE FA lIIFAX CORI? ESPONbEivCE. Me
nwirs of t!::: P rt. gn of Charles I. Erl:l.-4 by G. TV.
Johnson, Esq., Barrister-at-Law. 2 Vols. Bentley,
New Burlington-street.
The publication of this correspondence comes very
opportunely at the present period when the Young
Englanders are endeavouring to revive the political
system oft Charles 1., and the Puseyites the ecclesi-
astical polity of Laud. The correspondence, which
consists of letters written by different members of the
Fairfax family, who were all prominent actors in
the stirring scenes of the great civil war, embraces
the whole peri•A from the accession of Charles I. to
the Restoration, and we see the actors in that great
tragedy, behind the scenes in undress, as they ap-
peared to their contemporaries. My Lord John Man-
ners would scarcely have exclaimed—
Let laws and learning, wealth and commerce die,
But give us still our own nobility,"
had he, before writing that celebrated couplet, had an
opportunity of perusing the Fairfax Correspondence,
and of ascertaining from such perusal the exact
method in which that idol, " Old Nobility," which
he calls upon all mankind to fall down and worship,
was originally manufactured. It appears from this
correspondence, that in the reign of Charles I. peer-
ages were matters of regular bargain and sale. The
King kept a peerage shop, and whoever chose might
become the purchaser, provided buyer and seller could
agree upon the price to be paid. In this manner Sir
Thomas Fairfax, the grandfather of the Parliamentary
General, purchased of King Charles 1., in the year
1628, the Scottish peerage of Fairfax for the sum of
1,5001., stipulating that he should be exempt from all
ether charges in the way of fees, but when the money
was paid over an attempt was made to extort further
sums from him under various pretences, of which at-
tempt he complains in the following letters, and com-
plains very justly, too, considering that according to
his own account he had been offered a better title for
the same sum.

" 0 your deserts speak loud; and I should wrong it
To lock it in the wards of covert bosom,
When it deserves, in characters of brass,

FALMOUTH, DEC.l2.—Off port, Conquc-nr, Anaastura.
GLOUCESTER, DEC. 12.—Witic.1 S.W.—SI(I.
Nest

A forted residence 'gainst the tooth of time

„ -
And razure of oblivion.”
Nay more, early proof copies of the catologuo were
sent, in the first instance, to the Queen, Prince Albert,
the Duchess of Kent, and other members of the Royal
Family. Then at the bottom of the page it was stated
that each pitrchaser of the catillogue will be presented
(by permission) with a fite-simile of the autograph of
either her Majesty or of the Prince Consort, engraved
from the original,-„the selection being left to the pur-
chaser." "By permission"—lct the Court bear that in
mind.

MILFORD, Dre. 11.—Wind S.W.—acrd. Ellen.
Wright, rlamluico. fur L.thd io.
SOUTHAMPTON, DEC. 12.—Si!L MrtiL,:no. (4.), New
York.
PORTSM HTTIT, DEC. 1 n'? W. to :.4.1117.--Shl.
Mediator, Yofk.
LIMERICK, Dec. 11.—The Slrah Jackson, Byard,
serum New Ywk, lying here, tout: fire la.;t night, when
he cabin and crossbeams were much injured, and the
tniz.,nraa;•s were, obliged to bo cut away.
HITEHAVEN, DEC. 11.—The Osprey, Phillip,
which was driven on shore near this port, on the sth
instant, hal got off. and has been brought into harbour,
,Jak,ng but little water.
BowmortE, ISLAY, DEC. B.—The John and Eliza, of
fr.un Glasgow, in leaving Lochindaul, on the
sth instant, struck on the Island of Oversey, carried
sway her rudder, and afterwards sunk in deep water;
crow savor.

His HoNoun inquired what the statement with respect
to the signature meLnt ?

Mr. 'WARREN replied that it related to an ordinary
signature of the Queen or the Prince. When Mr.
Strange was first applied to on the matter, he offered to
give the whole of the catalogues up, intimating, at the
same time, that unless he did so entirely, without preju-
dice, he should be prepared to contest his right. After
some further observations, the Learned Counsel
concluded by expressing an earnest hope that
his Honour would decide the matter as if it were a mere
ordinary question of law between two of the humblest
persons in the realm. He wished to add that by the Act
passed at the marriage of the Queen, the Prince could
not possess any property which might be acquired by
the Queen.
Mr. J. SYDNEY SMITH followed on the same side,
and contended that Mr. Strange had fully and satisfac-
torily replied to the bill, and that he ought not to be
kept longer before the Court. The position of Mr.
Judge, as a gentleman, destroyed any suspicion that
might be entertained that he obtained the etchings in an
improper manner.
His HONOUR—What is his position ? I have not
heard it stated. What is it?
Mr. SmITR—He is an author. He writes for the news-.
papers.
The SOLICITOR-GENERAL—He was formerly editor of
a Cheltenham paper.
( The case was proceeding when our report left )

MILFORD, DEC. IL—About 1,600 deals, in a tolerable
condition, have been saved from the wreck of the Dis-
patch, besides several others broken.
Hum., DEc. I2.—The Elizabeth, which was on shore
at Anderley, has been got off and brought in here.
Y.te.mouTn, Dr.c. 12. Tho Pomona, of and from
Stettin to London, has put in here leaky, and with pumps
Choked.

PLYMOUTH, DEC. 12.—Wind S.—Arrd. Panda, liai-
son, Newfoundland. Sld. Peckingham, Adelaide, South
A ustralia.

NEATH, DEC. 10. - Arrd. Demetrius, Winnicot,
Prince. Edward's

MARKET NEWS.-(THIS DAY.)

CORN EXCHANGE-WEDNESDAY
The arrivals of English Wheat fresh up for our market
since Monday have been somewhat on the increase, and
of middling quality. The show of samples in to-day's
inaric.t was small. Although the attendance of buyers
was trifling the demand for all kinds of Wheat of home
produce was steady at fully last week's quotations. The
imports of Foreign Wheat this week have been only
2.930 quarters. This morning there was a slightly im-
proved inquiry for most descriptions, but wo have no
advance to notice in the currencies. The finest malting
Barley, the supply of which was small, sold steadily;
other kinds of Barley slowly, at late rates. Scarcely
any business was doing in Malt, the value of which was
almost nominal. The best sound Oats were in steady
request at full prices; otherwise the Oat trade was in a
sluggish state. Beans, Peas, and all other articles, in-
cluding Flour, were dull in the extreme.

" THOMAS LORD FAIRFAX, TO LORD COLVILLE.

"My vary good Lord,—l did, about six weeks since,
write to your Lordship by the postmaster of Borow-
bridge, in answer of letters which I received from Mr.
James Colville, your kinsman, who did signify unto me
that the fees for my patent were undischarged; and that
his Majesty's officeri did expect them from me, which is
directly against my agreement, both as I did signify to
your Lordship in my letters from Stilton, and to Mr.
Colville himself, when he came by my house in his
journey towards London. At which time he seemed to
more require a gelding of me than the 1,500/. promised
towards the charges of the patent. Whereunto I
answered that if the patent were not freely delivered into
my hand without one penny charges more for fees,
soliciting, or whatsoever, I would refuse it, for I was
then offered a better title for the same sum; yet because
of the noble respect which I have long time borne to
your Lordship, I would perform my word with you,
which Mr. Colville undertook on your Lordship's behalf,
desiring that I would advance the second payment a
little sooner, which was the 5001. promised by my letters
to your Lordship, within six months after 1,0001. were
paid. I told bins I had some moneys, which, if I might
spare, I would pay with the first payment. Coming
from London, he did show me the bill assigned. After-
wards he and a worthy gentleman, one Mr. Calunder,
brought me the patent; upon receipt of which I did
deliver unto them to your Lordship 1,5001., for which I
have their acquittances.
I did accommodate them with bags and other com-
modities to pack the moneys iu. I sent my horses and
servants to Borowbride to carry the money and attend
them, for which Mr. Colville promised me some remem-
brances of pistols, and other things which I am careless
to mention.

Mr. RUSSELL-Mr. Strange has printed it at his own
expense. It was originally a joint speculation between
him and others, but it has since been abandoned. Mr.
Strange, by his answer, denied it to be true that he had
in any manner either surreptitiously or otherwise ob-
tained the impressions; that he believed Judge had ob-
tained them from a person of the name of Middleton by
purchase, and that one, and only one, of such impressions
was sent to him for the purpose of being mounted.
That about the end of August in the present year,
Judge called upon him, and having told him that he
had in his possession impressions from etchings done
by her Majesty and Prince Albert, and that in Septem-
ber Judge showed him those impressions, and proposed
to enter into an arrangement with him to exhibit them,
provided there was not the slightest objection on the
part of her Majesty the Queen and Prince Albert. That
it was then arranged between him and Judge that they
should join together to exhibit the impressions at the
Egyptian Hall, or some other institution of equal re-
spectability, and that the defendant should advance the
necessary funds for that purpose. That Judge should
participate equally in the profits. The defendant also
stated that he did not believe that the impressions had
tome improperly into the hands of Judge, but that they
had been fairly, honestly, and regularly obtained by him.
The answer also stated that after the interview of the
defendant with Judge, Judge wrote a descriptive cata-
logue of the impressions which was printed by the de-
-1 ndant, and fifty-one copies and no more were struck off,
d the type was then broken up. That general in-
quiries were made by the defendant and Judge with
reference to the expense of a room in which the etchings
might be exhibited, but that no other steps were taken
on the subjt ct except that Judge wrote to a Berkshire
p :per an article relating to them. That on the 9th of
October, 1848, Judge, with a view of bringing the sub-
ject of the exhibitions to the notice of her Majesty and
Prince Albert, and for the purpose of ascertaining whe-
ther such au exhibition would be objected to by them,
sent copies to them of the catalogues through the Lord-
in-Waiting, and also to the Hon. Colonel Phipps, the
Duchess of Kent, Sir George Cowper, the Baroness de
Speth, the Hine and Queen of the Belgians, Earl
Delawarr and the Duchess of Sutherland. The defend-
ant also by his answer, stated that the catalogue had
:never been published or sold, or exposed for sale ; and
that of the fifty-one copies, with the exception of one
given away by Judge, and those sent to her Majesty
and other ptrsons, all the rest were at the present
time in his hands. That in October, 1848, the defend-
ant left London for Barnsley, in Yorkshire, for the
benefit of his health, and did not return till late in the
evening of the 27th of the same month. That on the
18th of October, when the defendant was in Barns-
ley, he received a letter from his son, in-
forming him that a gentleman, named White,
had called on the behalf of her Majesty and
Prince Albert, to express their disapprobation of the
contemplated exhibition, that this was the first intima-
tion that the defendant received—that such exhibition
' was disapproved of by her Majesty and her Royal Con-
sort, and that until such intimation he had no reason to
believe that it would be objected to either by her Ma-
jesty or Prince Albert. That upon becoming aware
that such exhibition was disapproved of by her Majesty
and Prince Albert, the defendant acting in accordance
with the terms upon which alone he had entered into
the arrangement for the exhibition, at once,:and immedi-
ately determined not to take any further steps to exhibit
the drawings, and wholly abandoned it; and the defendant
further stated by his answer, that it had been his anxious
wish since he had received the communication from Mr.
White, as a dutiful and loyal subject, in every respect to
comply with the wishes of her Majesty, not only by
abandoning the exhibition, but by delivering up every
copy of the catalogue in his possession, and also giving
an assurance that he would neither sanction or be a party
to any exhibition of the etchings, or to the publication
or circulation of the catalogue. That the defendant,
being anxious and desirous to vindicate his character in
the eyes of her Majesty and her Royal Con-
sort, and also in those of his fellow sub-
jects from the aspersions cast upon it by the
statements on the bill, instructed his solicitor, Mr. W.
H. Smith, to communicate with Mr. White. In conse-
quence of that, Mr. Smith the defendant's solicitor,
wrote to Mr. White, stating his astonishment and con-
cern at the proceedings that had been taken against him
by her Majesty and Prince Albert, and asserting most
emphatically that he had done nothing but what he be-
lieved to be in the ordinary course of business, and
never imagined for a single moment that he was doing
anything infringing on the right, or offensive, or disa-
greeable to the feelings of her Majesty or her Royal
Consort, or, above all, calculated to lead to the b,lief
that ho was not a most, loyal, and; devoted subject,
and prepared to do anything, and make any sacrifice of
present interest to show that loyalty; that he felt
deeply aggrieved by the supposition that he could, under
any circumstances, have acted otherwise, and was satis-
fied that his Sovereign and her august consort must
have received inaccurate impressions on the subject of
his ea(rlnfedthCeouhanseslw,
eaterrf,eatadtveedr,tin
in
ct'ol n cspleurvo•eicoreanel,d i no
tgthisia;'tr TPAl:llerrt.Ls Strange was anxious and
in
nouogrldtit f r
toorreliethvee
himds
sisel(filfu.rtoimon
theofasptehre injunction,sonsithat
had
been made against him, and on behalf of that gentleman
he could assure his Honour that if he dissolved the in-
junction lie might rest satisfied that Mr. Strange would
do nothing which her Majesty or her Royal Consort had
the least dislike to.

SECONDARIES'.-(THIS DAY.)
(Before Mr. Secondary JAMES.)
IN RE EITWELL, BART., AND OTHERS V. HALL.

This was an action to recover the value of timber
sold by the plaintiffs, the trustees of certain estates in
the county of Salop. The defendant did not plead, and
it was shown that he had agreed to purchase and fell the
timber at Is. per foot. The value amounted to 5171. 18s.,
but as defendant was to have credit for one half till
January next, the jury only gave a verdict for one half
the above amount.

ARRIVALS THIS WEEK.

Wheat.
1,260 qrs.

I;arluy.
1,650 qrs.

Oats. I Flour.
2,280 qrs. 4,380,k:

English • • • • • •
Irish. • • • • •• • •
Foreign .. •• • •

3,310
Malt, 1,410 qrs.
130.20UG1i1 7ci0P1.72./EMT.
The finest parcels of the present year's growth were
in steady, though by no me as active, demand, at full
pries. In all other kinds exceedingly little business
was doing, at barely late rates. Present prices as fol-
low6:—Sussex pockets, 21 54 to 21 18s; 'Weald of Kent
ditto, 218 s to -3155; Mid and East Kent ditto, 2l 12s to
51 15s per cwt.
WIEEXTECECAP:OL.

2,930

2,790

The supplies of Meat on slit; somewhat exceeded the
wants of the butchers; honer the demand was in n.
shiegish state, at barely stationary pricos.—Beef, from
'6:i to 3s 6d ; Mutton, 3i 43 to 47; 63; Veal, 3; 4d
to as 4,1; and Pork, 3s 8d to 4s 83 pct. 81bs by the
carcase.

" The next news which I beard from Mr. Colville
after his arrival in Scotland, was a letter that I must be
made denizen of that kingdom, also that I must contri-
bute towards the plantation of New Scotland in America,
and that his Majesty's officers and servants had put me in
the senate for the tees of my patent, but he had taken
course to stay proceedings until I were advertised.
Truly, my Lord, I dare adventure my life that your Lord-
ship is not acquainted with these things ; and I assure
myself that the letter which I did lately write unto you
was not deliverod, though I think it came to Mr. Col-
ville's hands. But having now sent my servant for a cer-
tain messenger, I doubt not but your Lordship is so
noble as to take that care for discharge of these fees as
I would do in the like if it did concern you. Thus
kissing your Lordship's hands, I take leave.
" Your Lordship's humble servant,
" Denton, 12th April, 1628." " T. FAIRFAX.
" THOMAS, LORD FAIRFAX, TO LORD COLVILLE.

TIER MAJESTY'S AND PRINCE
ALBERT'S ETCHINGS AND
DRAWINGS.-(THIS DAY.)

THE QUEEN AND PRINCE ALBERT v. STRANGE,

JUDGE, AND OTHERS.
(Before the Vice-ChancL,llor KNIGHT BRUCE.)

Our readers cannot fail to recollect that in the course
of the last long vacation an application was made on
behalf of her Majesty and Prince Albert to the Vice-
Chancellor Knight Bruce for an ex-parte injunction, to
restrain Mr. Strange, the publisher, of Paternoster-
row, from publishing a catalogue, or exhibiting, or dis-
posing of certain copies of etchings, executed by her
Majesty and Prince Albert. The application for the
injunction ex parte was supported by the affidavits of
his Royal Highness Prince Albert, Mr. George Edward
Anson, Mr. J. P. Lawrence, and others, and
his Honour having read the affidavits, at once
granted the injunction. On the 6th of last month
an application was made to the same Learned Judge to
eltend the injunction already granted to other parties
who had since been made defendants, among whom was
Mr. Jasper Tomsett Judge and Mr. J. A. F. Judge.
I'he amended bill, making other parties than Strange de-
fendants, stated, for the purpose of obtaining an extended
injunction, that her Majesty and her Royal Consort had
for their amusement occasionally made drawings and
etchings, principally of subjects of private and domestic
interest to themselves, and of which etchings they had
made impressions for their own use, and not for publi-
cation. .For greater privacy such impressions had, for
the most part, been made by means of a private press,
and that the plates themselves had been ordinarily kept
by her Majesty under lock, and the impressions placed
in some of the private apartments only at Windsor; that
the defendant Stranee, and Mr. Jasper Tomsett Judge,
and Mr. J. A. F. Judge, in some manner obtained some
impressions surreptitiously taken from the plates,
whereby they have been enabled to form a gallery or
collection of such etchings, of which they intended to
make an exhibition, without the permission either of her
Majesty or Prince Albert. With this view a cata-
logue had been published, entitled " A Descriptive
Catalogue of the Royal Victoria and Albert Gal-
lery of Etchings," and which haAabeen compiled, pre-
Ipeast
t. evd
nadu
hpeub
Prince.hshed ,
In withoutthis
work tn consent os ft a
theedr a irt
that-
."
every purchaser of the catalogue would be presented
(by permission) with a fac simile of the autograph of
either her Majesty or of the Prince Consort, engraved
from the original, the selection being left to
in .the pur-
chaser." After an introduction written praise of the
execution of the several works of art, the catalogue set
out a list, with descriptions of 63 several etchings, some
of them alleged to represent scenes in the royal nursery,
copies of ancient engravings, original compositions of
animals, &c ; in fact, amongst the etchings there ap-
pear to be portraits of the Prince Consort, the Prince
of Wales, toe Princess Royal, of the other members
cf the Royal Family, and the personal friends of
her Majesty, many of which were drawn by her Ma-
jesay fr en life, and afterwards transferred to copper,
and etched by her Majesty and Prince Albert, and
amtateet such etchings portraits of their favourite dogs,
taken by them from life, and etchings from old and rare
engravings in the possession of her Majesty, and several
from such original designs as stated in the catalougue.
The catalogue, it was sworn, could not have been made
nor could the description and other remarks have been
compiled, except; by means of the possession of impressions
of the etchings surreptitiously obtained; that such im-
pressions were intended to be for the private use of her
Majesty and the Prince, and although some copies had
bean occasionally and rarely given to some of their
! private friends, no such collection as advertised for exhi-
bition by the defendants was ever given away by them,
and it would appear that the impressions had been sur-
reptitiously obtained. The bill preyed that the de-
fendants might be ordered to
of
up to her Majesty
all impressions and copies of the etchings, and be re-
strained from exhibiting the collection, and from
making or permitting to be made any engravings
.
or copies of the same, and from any manner
publishing the same, and also an injunction retrain-
ing the publication and sale of the catalogue.
These statements in the bill were supported by the affi-
davits of several persons, among whom was Mr. J. B.
Brown, of Windsor, who stated that he was entrusted
by her Majesty and the Prince Consort with the print-
ing
of impressions from plates which had been engraved
by them, and was so employed from October, 1840, to
November, 1547, and that be faithfully sent all the per-
fect impressions to Windsor Castle. In this work Mr.,
Brown employed a journeyman. in whom be had conti-
t as pressman, who Mr. Brown swore he believed,
m ilc i
as be nee, as
been informed, had secretly made impressions
of the plates; which impressions he retained without the
consent or knowledge of Mr. Brown, and which was in
violation of his duty and of the confidence reposed in
him by his master. A man named Whittington, for-
merly in the employ of Mr. Brown, swore that he re-
collected the taking off the impressions by command of
her Mijosty, and that although the journeyman em-
ployed always returned to Mr. Brown all the print
paper delivered out, yet he habitually took off copies
for himself on card or common paper. The deponent
also swore that he hal about thirteen of such im-
pressions, which the journeyman gave him, and that
bout a year and a half ago Jasper Tomsett
Judge met him in the street and told him that he (Judge)
could make it, worth his while if he wished to dispose of
the prints. Mr. J. F. Laurance, of Windsor, deposed
that he knew Mr. J. T. Judge, and recollected hearing
a rumour four or five months ago that Judge had a col-
lection of prints and etchings made by her Majesty and
Prince Albert, and afterwards met Judge, and said to
him, " I understand you have some drawings of the
Qu en's and Prince Albert's;" to which Judge replied,
Olt! you are quite welcome to see them;" that about a
month after such conversation, and not more than three
or four months ago, he called at Judge's house, who
then produced a portfolio with about eighty prints in it,
and elid that they had been engraved by the Prince and
the gloms; that he observed the names of the Queen
and l'rittee Albert on them, and noticed that on some of
them the sienatures or names arepenaed reversed, as they
would he suppesing the names hid been engraved on the
pletes
,ae the signatures would be usually written; and
that the sit prints were on separate sheets of paper,
smile of which appeared to him to be card-hoard
Riper, and ono or two el...zed foolscap paper.
Upon these affidavits aad the statements in the
I bit!, his llononr extended the injunction to the other
parties to had been made di fenaants. The defendants
having tint in their answer to th• ! bill, a notice was riven
to her Msjesty rend the Prince that it was the intettiani
of the tlefen :ant Strange to move to dissolve the injunc-
tion, and Saturday last was appointed us the day on
which that motion was to be made. At the sitting of the
Court on that day, in consequence of the filing of addi-
tional affalevits, the motion, by the consent of all par-

" My very good Lord,—Some letters which I received
from Mr. James Colville is the cause of my now sending
to your Lordship. The contents of one was, first, that I
must be made denizen of that kingdom; secondly, that
I must contribute to the plantation of New Scotland;
thirdly, that I must pay fees to his Majesty's officers for
my patent. To the first, I answer, the patent enables
me; for the second, my dwelling exempts me from the
necessity; and the third is directly against my covenant;
for your Lordship knows, and none better than Mr. Col-
, vine, that I did refuse, if I might not have it freely de-
livered upon payment of the sum agreed upon.
" My letter from Stilton did intimate so much to your
Lordship (a copy of which I have) : my speeches with
Mr. Colville, when he went for the bill assigned, ex-
pressed the ,;same. How I have performed, both Mr.
Colville, and that worthy gentleman, Mr. Cullender, do
know, and their acquittances will show. I did, not long
since, write to your Lordship, from my house at York,
but I have received no answer ; so, as I think, the let-
ters have miscarried, and also I do assure myself that
your Lordship (loth not know of these letters of Mr.
Colville's. I know you are too noble not to perform with
any man, much more with an old friend, who, if he had
hearkened to another's motion, might have had better
pennyworths. Thus, not doubting to find you as you
have ever been—truly noble—l take leave. Resting,
" Your Lordship's brother and humble servant,
" T. FAIRFAX.

" Denton, this 16th of April, 1628."
" I pray your Lordship let my servant bring some
testimony that the officers be satisfied, because Mr. Col-
ville writes that they have put me in suit for the fees. I
forbear to write of some tokens which Mr. Colville did
promise to send me from your Lordship and himself, in
regard of some accommodation which he had of me, be-
sides the advancing of the payment before the time
agreed upon." _ _ -

These letters let us completely into the art and mys-
tery of the manufacture of the idol " Old Nobility" in
the palmy days of the " Martyr Monarch."

" Olim truncus cram ficulnus, inutile lignum;
Cum Faber incertus scamnum faceretne Priapum,
Maluit ease Deum. Deus inde ego."
We' learn from the admirably written " His-
torical and Biographical Memoir of the Fair-
fax Family," which is given by way of intro-
duction to these volumes, and which may be cited
as a model for all future writers of family history,
that the family of the Fairfaxes derived their blood
from a Saxon stock, and were seated at Tow-
cester at or before the Conquest. The family seem
always to have preserved with extraordinary care any
MSS. relating to the history of the house, and among
these MSS. there was discovered a paper in the hand-
writing of the first Lord Fairfax, in which the line is
traced hack to the Conquest. The " Analectica
Fairfaxiana," compiled by Mr. Charles Fairfax,
one of the younger children of the first Lord Fairfax,
and uncle of the Parliamentary General, contain
several interesting particulars of the family, and are
illustrated by portraits of the third Lord Fairfax (the
Parliamentary General) and his lady, by Gerard
Zoust, engravings of which illustrate the volumes
now under review. The first Lord Fairfax had seve-
ral children besides Sir Ferdinando Fairfax, who suc-
ceeded him in the title. Among these were two
sons, John and William, who took part with the
Elector Palatine in the war which he was carrying on
to gain the kingdom of Bohemia, and who were both
killed at the defence of Frankenthal. Their portraits
were in the family mansion at Denton, and when
Prince Rupert "lay" at Denton, in his march to
York, Anno 1644, he saw the pictures, and com-
manded that the house should not be injured for their
sakes. After the execution of Charles 1., of which
General Fairfax loudly expressed his disapproval,Fair-
fax retired to Denton and Appleton, where he spent
the remainder of his life. He was visited there
by General Monk, on his road from Scotland
to London, after the death of Cromwell,
and during this visit the restoration of Charles
11. was planned by Fairfax and Monk. This trans-
action is thus described by Brian Fairfax :
" Declaring for General Monk, then in Scotland, at
his earnest request, against Lambert's army, which
pressed hard upon him as he lay at Coldstream, whither
my Lord Fairfax sent me his cousin, Brian Fairfax, with
a verbal answer to his letter, brought by Sir Thomas
Clargis, that he would appear at the head of what
forces he could raise in Yorkshire the Ist of January,
1659, which he did to so good effect, that in three days'
time (the report of my Lord Fairfax opposing them
being spread about Lambert's army) the Irish brigade,
consisting of twelve hundred horse, deserted him, and
sent to offer their service to my Lord Fairfax,* and
several foot regiments at the same time declared for
their old general, Fairfax; and in five days Lambert
himself, with ten men, stole away from his own army.
" Then General Monk marched into England, and
offered the command of the army to my Lord Fairfax,
but he refused it, only advised him (at his house at Ap-
pleton, where Monk gave him a visit) to consider there
would be no peace in England till the nation was settled
upon the old foundation of monarchy, and King Charles
the Second restored ; in the meantime, to call the old
secluded members to Parliament which had now got into
their places again. The General was more reserved than
htahtenly, Bw.oFu.l)d, apnayd ancY-0
adsll:hrethaeet gentleruent of York-
he needed to be upon this free discourse of my Lord
Fairfax, being alone with him in his study, which gave
my Lord occasion to suspect him ever after, till he de-
clared himself the spring folio% hig to be of the same
mind, having received another letter at London from my
Lord
e did often acknowledge three
York-
shire
taxes(:mi:ldeilFfintiairligileradif;f ;:mveai(eatrdhtl Pe.etliah"rehle iariadm:diserebeni ysrt:

Mr. WARREN followed on the same side. He wished,
in the outset, to state that Mr. Strange was not insen-
sible to those feelings of loyaltylwhich actuated most men.
Let the Court bear in mind that the defendant had not
published an immoral or noxious work. It seemed to
him that much undue haste had been • used in
commeuceing these proceedings; in fact, he might
characterise them 43 approaching nearly to des •
potism. Mr. Strange, therefore, had much reason
to complain of the injury which he had sustained at the
hands of this prosecution. His honour might look
through the bill in vain for an assertion of title or pro-
perty in the engravings ; and ho conceived that the
Court could not deal with an application of
this kind, since the bill did not, for some
reason or other, claim any property in the etchings.
It rnere!y spoke of the impressions. It said that Mr.
Strange had surreptitiously obtained copies of the etch-
ings. There was no evidence of that. For ought they
knew to the contrary, the defendant might have ob-
tained them by the fairest means. The bill said that
copies were kept in the private apartments in Windsor
Castle, but that some copies had been given to
private friends. Might not Mr. Strange have ob-
tained copies from those private friends from
some foreign potentate for instance ? In that case he
would have obtained them fairly, and might use them as
he thought proper. He contended, if the Queen and the
Prince did not base their title to the engravings on the
right of property, that the injunction must be quashed;
at any rate the right sought to be exercised was of the
most arbitrary nature, and if laid down as a prece-
dent would tend to interfere with the rights of the
subject—the right of the press—the right of the expres-
sion of public opinion. Surely, if a person saw a picture
or a work of art, or heard a *description of it, might he
not express his opinion of it either in words or in print.
Suppose a person went through the picture-gallery of
some foreign potentate, in which the etchings of the
Queen and Prince Albert were hung up, having been
presented to that potentate, might he not note down a
list of them, putting down " this is the drawing of an
animal," " this is a drawing of Windsor Castle," and
this is the " portrait of a favourite dog;" and feeling
delighted that we had so accomplished a Sovereign,
might he not transmit an account of his visit and a de-
scription of the drawings to a friend in this country ?
Would a person exhibitiug or publishing such a letter
lay himself open to an injunction? Again, suppose a
beautiful picture were stolen by 13 from A, would
A, if ho saw it many years after, be amen-
able to punishment if he enlarged upon its
beauty, and declared that it should be placed in one of
the national depositaries of art in this country ? Where
then was the line to be drawn? Mr. Strange was not
charged with any criminal offence. He had stated in
his affidavit that he had seen the etchings but once, and
that when they were submitted to him on that
occasion, by Mr. Judge, he had not the slightest
reason to believe that they were obtained otherwise
than honourably and fairly. This avowal of Mr. Strange
unT.nlideted at once the first part of the prayer. As the
chum was not based upon property, the whole super-
s, t!ucture of the bill, he contended, fell to the ground.
hen the catalogue, instead of being a work of an ob-
jectionable character, was one of the most commendable
nature, and published with the very best motives
towards the Queen and her illustrious Consort.
The Learned Counsel then read some of the

* «My Lord Fairfax was then at Arthington with
about one hundred men, when an officer of the brigade
came and inquired for Mr. Brian Fairfax to bring himto my Lord with this kind and seasonable offer of their
mssistance.—B. F."

t " At their desire ray Lord writ a particular letter to
General Moak."

THE SUN, LONDON, WEDNESDAY EVENING, DECEMBER 13, 1848,

Fervices, not only by granting him a general pardon, but
upon all cccasions speaking kindly of him, and praising
his courage, his modesty, his honesty," &c.

lie died in November, 1671, leaving an only child,
Mary, who was married to the wild and witty Duke
of Buckingham of Charles IL's reign, and who
appears to have been cruelly treated by her reprobate
husband. Fairfax had cut off the entail of the
landed property, and had settled all he could of it on
his daughter ; the title, at his death, descended to a
collateral branch, but without the estates. The suc-
ceeding Peers appear to have become constantly
poorer, until at length the title descended to a Fairfax
who had
.settled i 4 Maryland, and who had become
possessed of vast estates there. It is still in the de-
scendants of his family, and the present Lord Fairfax '
is a citizen of the United States of America, and re-
sides at Woodburn, in Maryland. The history of
this discovery of the MSS. is most curious. Among
the possessions of the family was Leeds Castle, which
ultimately became the property of Mr. Fiennes
Wykeham Martin, its present possessor.
"It was in Leeds Castle that the vast mass of corre-
spondence was discovered, frock which the succeeding
volumes have been compiled. Mr. Martin having occa-
sion to make some alterations in the castle in the spring
of the year 1822, set apart for sale a quantity of useless
furniture; and amongst the lumber which was thus to be
swept away was an old oaken chest, filled apparently
with Dutch tiles. It was purchased for a few shillings
by Mr. Gooding, a shoemaker, in the neighbouring vil-
lage of. Lenham. Upon the inspection of its contents,
expecting, perhaps, to light upon treasures of another
kind, Mr. Gooding found an enormous quantity of MSS.,
carefully arranged and deposited beneath the Dutch
tiles which were piled up to the lid of the box.. Mr.
Gooding, not attaching any special value to treasures of
this description, consigned the papers to a cellar to be
destroyed, as occasion served, for waste paper.
" It was fortunately suggested to Mr. Gooding to
etre! the MSS. to Mr. Newington Hughes, a banker at
Maidstone, and well known as a collector of antiquities.
By this lucky accident the whole collection was pre-
served, Mr. Hughes becoming their purchaser. But in
the mean while some havoc had been committed amongst
them. ' Some of the parchments,' says Mr. Johnson,
under whose editorship the first two volumes of the Cor-
respondence are now issued, had been cut into strips
for shoemakers' measures ; and a fragment of one, a
grant of lands to Sir Anthony Saint Leger, is now before
me in the form of a child's drum pelt. Some of the letters
Mr. Hughes recovered from the thread-papers of the vil-
lage mantua-makers ; others had been taken by a gen-
tleman's servant, and had found their way into the col-
lections of Mr. Jadis, of the Board of Green Cloth, and
of Mr. Upcot, the well• known collector of autographs.
These were nearly all recovered ; and the whole form
that valuable and richly illustrated series of manuscripts
from which this work has been prepared.'
" The correspondence, which extends over two cen-
turies, chiefly concerns the affairs of the Civil War and
the period of the Restoration. It embraces all the great
events intervening between the accession of the Stuarts
and that of the house of Hanover; and touches, in
greater or lesser detail, upon the actions of the principal
persons who were engaged in them. The confidential
character of these voluminous papers enhances the in-
terest and importance of their disclosures.
" From the careful manner in which they appear to
have been preserved, it may be inferred that the family
were at some pains to conceal the treasures they pos-
sessed, under a justifiable apprehension perhaps that the
knowledge of the existence of such documents might have
led to dangerous consequences. The papers of the
family were originally deposited in Yorkshire, and were
no doubt removed to Leeds Castle. upon the marriage
of the fifth Lord Fairfax with the daughter of Lord Cul-
pepper."
In presenting the first two volumes of these MSS. to
the public, the editor, Mr. G. W. Johnson, has made
them almost subsidiary to his own labours. He has
presented us with a well-written history of the reign
of Charles 1., from his accession to the commence-
ment of the civil war. We shall not follow Mr.
Johnson in his history, but shall confine our attention
to the correspondence and to those portions of it more
particularly Which bear on any historical fact, or
which illustrate the social usages of the period. We
have already given the letters of Lord Fairfax on the
subject of his purchase of a peerage. These are fol-
lowed by a long correspondence between Lord
Fairfax and his son, Sir Ferdinando Fairfax, who
represented Boroughbridge in the Parliament which
sat in 1626, and which resisted the attempts of the
King to collect money by Privy Seal. Sir
Ferdinando Fairfax describes the King as
being "in his own nature extremely stiff,',
and as willing rather "to refuse his moneys
than satisfy our expectations in the Duke"—
meaning the Duke of Buckingham, whose flagrant
corruption and proved incompetency had then exaspe-
rated all classes against him. The eldest son of
Ferdinando Fairfax, who was afterwards the Parlia-
mentary General, was at this time studying at Cam-
bridge, and old Lord Fairfax, who declared
Ferdinando was fit for nothing but a country justice,
but that Ferdinando's son Tom would make a soldier,
was, it appears, exceedingly anxious that Tom should
be sent abroad to learn the art of war. Sir Ferdi-
nando, writing on this subject to his father, in 1629,
says—
"My Lord of Clare adviseth to send my son to my
Lord Vere's company, at Dort; he saith he may there
practise arms, fencing. dancing, and study the mathe-
matics; and my Lord Houghton promiseth his best care
over him whilst he is there. He goes over about six
weeks hence, and all the companies have order to be
ready the Ist of April. I could not resolve anything
herein until I knew your Lordship's pleasure, and there-
fore what you shall be pleased to command, I shall care-
fully observe to my best understanding of your direc-
tions; and with my prayers for your happiness, will
ever remain, your Lordship's humble and obedient son,

"FEB. FAIRFAX."
This proposal was adopted, and under Lord Vere,
in the Low Countries, this celebrated General
learned the art of war. On his return ho was mar-
sled to Lady Anne Vore, the daughter of his Ge-
neral, and from the letters published in this corre-
spondence it appears that in those days wives were as
completely a matter of bargain and sale as peerages.
The negotiation was entered upon shortly after the
death of Lord Vere, which happened in 1635, and
was commenced by Sir W. Constable, the brother-
in-law of Sir Ferdinando Fairfax, at his request.
Sir William thus reports to Sir Ferdinando—