The Sun.
London, England, 1819-11-29 00:00:00

MR. WES'I"S EXHIBITION,

'HE GREAT PICTURE DEATH on the
A. PALE HORSE, CHRIST REJECTED, Si'. PETER'S
FIRST SERMON, PAUL aid BARNABAS RECEIVING
the GENTILES, the BRAZEN SERPENT, the CRUCI-
FIXION of our SAVIOUR, with other PICTURES and
SKETCEIES, are now EXHIBITING, under the immediate
Patronace of his Royal lii?,mess the Prince Regent, at
No.l 25, PALL-MALL, near Carlton-House, every day from
Ten till Four.

By Order,

CHARLES SMART', Sec.

ONCE MORE!

EYTON has again the pleasure of congratu-
lating his best patrons, the Public, on their having
gained Forty Thousand Pounds in Two Prizes of 20,0001.
drawn first day of present Lottery. Six Prizes of 20,0001. are
vet !indrawn : Two of which must he drawn Next Day, ath
December, and E. EYTON hopes to have the pleasure of di-
viding them amorigst his Friends, at his fortunate Office, 2,
Cornhill; where all business in the Public Funds is transacted
with fidelity and despatch, by
The Public's obedient Servant,

E. EYTON.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, Nov. 24.

TUE KING V. AIRERES.—SAME V. TEE.
Mr. WARREN moved to make the Rules abso-
lute which he had obtained for filing informations
in the nature of Quo Warrant() against these par-
ties, one of whom is the Mayor ot Petersfield, and
the other Bailiff.
Mr. SCARLETT, Mr. MARRYAT, and Mr. Merle-
seemett, showed cause against tie Rules. They
stated, that it appeared the Steward of the Court-
Leet at which these persons had been elected into
their respective offices, had issued a precept to
the Bailiff, in which the names of the Jurymen
whom he was to summon had been set out, and
that this was the objection to the election of
these parties, the other side contending that the
Jury by whom they were to be elected must be
returned by the Bailiff, without any nomination
to him of Jurors by uoy party ; and the statute of
II Hen. 4, was relied on to support their objec-
tion. In answer to this, the Learned Counsel
contended, that it was evident from every con-
struction of the statute cited, that the words
" without any denomination of the Sheriff,"
meant denomination of the plaintiff and defend-
ant, and that such seemed to be the interpretation
of them by Lord Coke. That it did nut clearly
appear what was the practice as to summoning
Juries in the Sheriff's Tommie, out of which the
Court-Leet was derived; hut that it did appear,
that ahe Stewards of some Courts-Leer were ac-
customed to name the Juries, and that their right
to do so was expressly saved by the statute 21
Edw. 1, c. 1, which says, " that in Boroughs
wherein recognizances, assizes, Juries, or in-
quests, do pass upon any matter touching the said
Boroughs, it shall be done like as bath been ac-
customed in times past ;" which seemed to spew,
that in Courts held in Boroughs,—Courts that have
the sanction of custom, for the purpose of regu-
lating their practice, the statute should not affect
them, but that it should be done as in times past.
That it was perfectly plain the statute of Henry
the Fourth, related to indictments, and that a Leet
Jury was not a Jury for the purpose of trying in-
dictments, but merely for presentment; and that
in this particular case, there was a custom iu the
Court not common in Courts-Leet, namely, to
elect the Mayor of the Borough. That it appeared
by the affidavits which had been filed on the
part of the Mayor, some of which were by per-
sons 70 and 80 years of age, that it had invariably
been the custom for the Steward to set down in
his precept to the Bailiff, the names of the Jurors
whom he was to summon ; that this selection
of Jurors by the Steward, as well as the Election
of the Mayor of the Borough by the Leet Jury,
were purely matter of custom ; and that the
whole of mnct h.. trufel
For how could their Lordships know, but that it
might have been the right of the Lord of the
Manor to name the Mayor, and that the Lord
had consented that instead of selecting the pet son
himself, be would name the person the Jury
should present. That with respect to the argument
of the other. side, that the Jury was illegal, be-
cause it was named by the Steward of the Court,
who was the Judge, the Learned Counsel con.
tended, that there was ne authority to support
this proposition, but that there was, on the con-
trary, an implied aotimmity the other way—the
Statute of the 3d Henry the Eighth, chap. 12,—
which gives to the Judges and Justices power to
reform the panels, whenever they have reason to
think improper persons have beets put on them,
giving them power either to strike out those who
are on, or to put on other persons ; from which
it would appear, that it was the policy of the
Statute Law of that period to allow the Judge to
correct the nomination of Jurors ; and that as to
a Judge tampering with a Jury, the law always
would infer the contrary, for it was laid down in
2d Ha w k ins, 109, " That no averment lies
against the acts of a Court of Record (which its.
chides a Court Leet), and every Judge of such
Court shall be presumed to act according to the
ride, of it." The citing of this passage induced
the Learner! Counsel to draw the attention of the '
Court to the fact, that Petersfield was a Borough
by prescription, and that the question now before
them, was therefore peculiarly a question of cus-
tom, and that they should colllend, that there
was no doubt it was the custom for the Steward
to name the Jury, and for the Jury to elect the
Mayor of the Borough, and the Bailiff of the
Court ; and thus there was no question of fact to
be tried, and they hoped they had sliewn their
Lordships that there was not any question of Law
to be determined ; and upon these grounds the
Learned Counsel trusted that the Rules which had
been obtained would be discharged.
Mr. WARREN, in support of the Rules, said, it
seemed to be admitted by his Learned Friend,
who had argued on the other side, that if the
present was a case which could be brought within
the statute 11 Hen. IV., then the case which he
had cited from Coke's 3d Institute, applied to the
point then before their Lordships ; and that if it
wai a case relating to indictments, as he under-
stood it was admitted by his Learned Friends to
be, be was entitled to have the Rule made abso-
lute. In addressing the Court on this question
on a former occasion, he had stated, that he was
at liberty and was bound to argue the point now,
as if it had been argued when the Court Leet was
first instituted, and to shew what the power of
that Court was when it was first established, be-
cause his Learned Friends had stated, that it was
a Court existing by custom. If, therefore, he
could shew that at the time when that custom
was supposed to have commenced, minutely, be-
yond the time of memory, the constitution of the'
Court was such, that, by the law of the land at

PRICE SEVENPENCE.

that time, the Sheriff could not nominate the
Jury, that was, that the Judge or Steward of
the Court could not nominate the Jury, he should
maintain that he was no more entitled to do it at
the present hour than he would have been at that
time. His Learned Friends had said that the
Court Leet was derived out of the Sheriff's
Tourne; so said Hawkins, and so said all the
books thatliad treated on the subject ; that the
Court Leet did not differ from the Court of the
Sheriff's Tourne, except in the extent of its juris-
diction ; and, according to the 2d Institute, Ba-
con's Abridgment, title Sheriff, and Hawkins's
Pleas of the Crown, at the common law the She-
Id could not only inquire of all capital offences,
as treasons and felonies, but also issue pro-
cess on them and determine the same. That wag
the original constitution of the Sheriff's Tourne,
and that was the original constitution of the
Courts Leet. By Magna Charta the power of the
Sheriff to hold Pleas of the Crown was taken
away ; but though he cannot determine capital.
offences, and issue process in such cases, he may
still inquire and take presentineuts of all
offences at common law ; and such present-
ments and indictments are to be delivered to
the Justices of the Peace at their next As-
sizes; and therefore the Court was so far
altered, from its former constitution, that instead
of the Jury proceeding on indictments for offences
committed within their jurisdiction, and instead
of the Steward of the Court issuing process upon
it, and punishing by fine or imprisonment, or a
higher degree of punishment, the presentments
must be returned to the Justices of the Peace at
their next assizes. If then such was the consti-
tution of the Court, it clearly seemed, that as far
as indictments were concerned the Court was
within the stature he had referred to, and within
the comment of Lord Coke upon that statute.
The Learned Counsel then went on to state ►he
form of the precept to the Bailiff, and he cited
the book of a late eminent Chief Justice on the
practice of Courts Leer, wherein the Bailiff is
directed to summon twenty-four proper persons,
resiants within the manor, to serve on the Leet
Jury, leaving it to himself to summon such as he
should believe to be duly qualified for the purpose.
Another form might perhaps do as well, but the
effect of the form proper to be used on these oc-
ca►ions was, to summon a Jury of honest and
lawful men, without naming any particular per-
sons to the Bailiff. lie then referred to au an-

cient s►atute, to prove that the Bitiliff was the
person who must summon the Jury in the She-
riff 's Tourne.

The COURT here interposed, and stated that the
Rule might be made absolute ; but some discus-
sion arising as to whether the Rules should be
made absolute against butts the Mayor and the
Bailiff,

NT, iira;•/, 1110;ir.
would HHOW l,im to wake the Rule against tbe
Bailiff subject to consideration.
Lord Chief Justice ABBOTT.--1(011 will gain
nothing by ousting this Bailiff, I should think,
Mr. Warren.

Mr. Justice BAYLEY.--if the right of nominat-
ing the Jury be in the 13diliff you may gain a great
deal.

Lord Chief Justice ABBOTT.I think it woul►l
be the best way to make the Rule absolute against
the Mayor, and suspend it against the Baia!,
until we see what is do►►e in that.

IMPERIAL PARLIAMENT.

HOUSE OF COMMONS, Nov. 27.

- --
At two o'clock this day the SPEAKER took the
Chair.

Lord J. BERESFORD soon after appeared at the
bar, and informed the [louse that his Royal High-
ness the Prince Regent had been pleased to ap-
point three o'clock this day for receiving the Ad-
dress of the House in answer to the Speech.
The SPEAKER, in his State Carriage, attended
by several Members, immediately atter proceeded
to Carlton House with the Address.

LONDON JOURNALS.

FROM THE MORNING PAPERS OF THIS DAY.

[Morning Chronicle.]
We understand that 20 men per Company art
to be added to the Regiments now in England,
hover and above the Invalids called out from half-
pay to do garrison duty.

There was a report current yesterday at the
west end 6t the tow,-., that our venerable Sove-
reign had on Saturday enjoyed an interval of re-
lief front his mental afili(•iion, and to such a de-
gree as to give hopes of his perfect recovery, It
'is said that in the beginning of the week his Ma-
jesty had suffered a severe bowel complaint, ac-
companied with violent purging ; from this he was
happily recovered, hut to the effect of this is
ascribed the lucid enjoyment of reason which
manifested itself on Saturday. We state the fact
as the report of the day, but for the authenticity
of which we cannot pledge ourselves.—(ltid.)