The Sun.
London, England, 1817-07-18 00:00:00

THE THEATRE;

COVENT-GARDEN.--The season concluded last 1
night with Othello and Don Juan. Miss O'NEILL
confirmed the gOod opinion of her adniirers by her
performance -of Desdernona. YOUNG, as usual,
gave an aninaated_.and affecting . portrait of the
amiable and herioc, but. deluded Moor ; Cassia
could not be in better bands than with CHAIILES
KEMBLE. BOOTII, in consequence of an accident,
wore his arm in a sling, but this restraint did not
lessen the spirit of his'acting.. FAWcETT delivered
the following speech, in an unaffected and im-
pressive manner. It was very much applauded,
particularly in the liberal, respectful, and just
allusion to Mr. KIIMBLII. The house.bad a large,
and very elegant audience :
, I4ruzs AND GENT LEstvz,—l have again to offer the most
grateful acknowledgment of the proprietors of this Theatre,
1 for your kind and liberal patronage. Supported by this '
all-
powerful aid, the Covent-Garden Company has maintained'
its high celebrity throughout a season fraught kith unissusil
public distress; and by its popular attraction the proprietors
h4ve been enabled to meet their large and heavy expenditure.
• The various revivals and new pieces have been more than
usually successful ; scarcely one amongst the• great number
that has not been must favourably received : and the produc-
tion of a new tragedy, which has been universally admired
for its classical and poetical beauties, is an occurrence as
gratifying as
.it is rare.- The termination of the present
season has been marked by the retirement of one of the.
brightest ornaments of the British stage. The high pUblic
honours paid to the professional talents of Mr. Ketnble
must ba;'e the effect of stimulating the exertions of those per-
formers who may succeed bins, that they may deserve and at-
tain the like honours whets they shall be obliged to bid you-
a last adieu l—(App/rru,e.)
Until the second Monday in September, the usual period of
re-opening,the Proprietors respectfully bid you farewell ; airs]
they assnre you that the recess shall be .passed in new eff-orts
• for your amusement and gratification.
The Performers, Ladies and Gentlemen, with heartfelt
thanksfor your unceasing kindness, take their leave till the
-time when thet shall have the honour of luecting. yore here
again.—(Appiamve.)

. .
.An instance having heets mentioned the other
day of great personal heroism and self-devotion of
an individual, wh►►, in order to save his. life, cut
off Isis foot at the allele. joint,- which had beets •
jammed in the'cleft of a tree, we have to record
a .litnilar instance of fortitude, wlich occurred i►►
Bengal some years since, when Capt. nurcHEN
Sim, on returning home in the night', attended by
'a servant with a torch, casually 'roam, ►► Colin.
Capella, which instantly 'bit him on the calf of
the leg : the poi Sim of thiS,snake being snore im-
mediately mortal than the bite" Of another snake,
.Captain H., witl► great pretence, of mind, in-
utantly cut out with his k►►ife alarge portion of
the calf of his leg, and applied the banning torch
to cauterize the.wound, which prevented the poi-
son from having itS usual effect.

COMMON COUNCIL

17estertniy -a Ccitil..ll- WB3
held, Wiis 1.—.! •

i\n !L:l'

l'eti:ion was to est:uk tr;:n Piatt, w'ito
was wolifilefl- rlt -AIY• on the
inetnorAble ,•13 cir-
,..untstattees under .wit'ich ;he was,
wouu4l. and statvii, t.ltat he -was.cvnlin,d tor a
len,gth ot.tinte, and had sutfretl'excec th.agly ; I:,at ,
towisla lie 'was 'able to %rani elbow , k%
pacill,ted from rnaking arty b,oidy ext.r:lo;,
out. great pat., to all 14rolorbilar y rite
realained an hf 3 %% wild never be,
extras, ed aod than. lie 13,1d,0ec0 'cr.:+tpsiik,r;abitt
expense teed( it!nit endenc:.: It -conclrid, d I,v•
ri;iiress:og a hope t:aat int! Common Council
taakelsis, case into. CWlSltict atloll, anti rant
' hint-such 1 lief us they deemed a, . • ,
Mr Di%ot. moved., dial it he refetrtd to
the
Cowmittee for Glier:ll
,PittpOSV.3 C)Cilniiiie
idirgationr:an,(l report gizmo!' to the Cuoit, wh,L'a
WO. nmoimnusly tweed
A P,totm presented:•ttitbi the Committee
for the Education of the ,VOor',..ptavic.fr tot an
eplargemeor of the School-ground. ii'itired to
•the Improvement Committee.
PRIVILLGE:..; • • •
Mr. FAVELL rose to cull ,tike attention of the
Court to a subject of !'tittle e. A Sermon Marl
been preached before the ..Lord Mal or by
hip
Lordship's Chaplain. The, respect lie (Mr. Favell)
had for the family of !he:Chaplain was *MI as to
reader any
.eensore to the 'extretudy
h„t duty wai,,pearanwoot. It 'was
ordered that the Sermon snould be printed. tuts
order was complied with, but the circulation
amongst the Members of the Common Council
was not so extensive as it ought to be. Of thin
.he had reason to complain, btu it did not form'
the ground of his present call upon the Court. A.
Resolution of the-Court of Aldermen, which com-
nitwit:ate(' theii• thanks to his Lordship's
lain, was printed, but from the mantle' in which
it was beaded, it appeared to be the Resolution of
the Common Council, who had passed no such
Resolusion, and who, front the light-. itt which,
they seemed disposed to 'view the production,
were by no means likely to do. 'lids was the
circumstance of which- he complained. The
Court of Aldermen, he -thought, should enjoy,
without allowing any participation, the comtnett-
dations paid to liberal effusions which proceeded
from themselves clout.
The Loan MAYOR -said, the Resolutions of the
Court of Common Council were always desiguat.•
ed as, such, rind there appeared no necessity for
any motion for an' altere.tion in the arrangement.
If, however, Mr. Favell thought fit to suhmit a
motion to ascertain a distinction, be .should have

no objection.
Mr, IVAITHMkN approved of the observations
made by Mr. kavell. Tie mistake was ob ions,
and the Resolution alluded to might be consttucd
into one laroceedi►►g from the Common Council at
which the Lord Mayor presided, us well as in the
Court of Aldermen.
After so►oe further con.versation,
FAVELL moved, " That jllO RC501,16011 of
the Court -91 Aldermen he printed along with the
Resolutions of this. Court, kinkis so ordered.'
Agieed to.
- • SPECIALILIUti.

Mr. PEARSON rose (amidst
.the cries of hear;
rear !) to move, that the books produced in Court,
according to the late order, should be referred to
a Special Committee. The practice, he observed,
of supplying Juries trom a list of persons, many of
whom were wholly unqualified to act in Situations
so responsible, had existed upwards of SO years.
Into a circumstance of so injurious a tendency,
he felt it his duty to examine with the vitnor*t
lneness, and he was happy to be enauleil to state,
that the result of the investigation was agreed'to
by the Officers,. who admitted, upon his represen-
tation, that the selection was illegal. The Secon-
dary had, in effect, authorised him to say, that :be
practice ot forming Special Juries according to
this plan was contrary to. law, and' that he was
willing to put an immediate termination to it.—
(Hear, hear !)—This coincidence was indeed ex-
ceedingly grateful, but to prevent the recurrence
of such a system, to secure the City from degene-
rating at any haute period into a state so prejn-
dicial to the liberty of the subject, by effectually
checking the source of corruption, was his object
in proposing the appointment ora Select Com-
mittee,upon the occasion. He said he should re•
serve his sentiments for the report of the Com-
mittee, and concluded with moving for the tip.
oointinent of a Committee to examine,
Mr. FAVELL seconded the motion. lite worthy
Mover, he said, had a high 'claim to the commen-
dation of the Civ, for iris zeal in bringing tor-
vvard a subject.•au important as that coocerniug
Juries. °rim': errors had, in his opinion, beii.a,
endured for a length of time. it there had been
sufferers from the degenerate practice, it was
.much to be regretted but front the exertions of
the tirorthy Member, very little danger ut the
repetition of scenes of injustice from such a source
was itt future to be apprehended. lie should se-
cond the motion most heartily.—Carried
unaui-
tutt►sly.
The Committee was then appointed—it con-
shied of •
Mr. Pearson, Mr. ravel], Mr. Oldham, Mr. Harvey, Mr.
Earthman, Air. Moore, sir T. 801, Mr. Alderinai. Isriia. s,
Mr. She, it/ Kirby, PI uti N r. Huremn.
- The Court of Common Couocil then took into
consideration the. removal of Sir Watkin Letves
front the office of Bailiff of she Borough .ot South -
mai k, and after a discussion thereon 'between Ni-r.
S. Dixon, Mr. IVaithmaii, It. isby, and
rat others, Sir Wit kin Lewes was removed by
special vote of the Court, •ancl:t lie other ot
was declarfol vacant. The Court then proceeded
to the Election of anothet, and the Petitions of
Mr. Join Holmes anti Mr. Joao reinsep being
read, and the ballot taken and cast sip, the high;
Holt. the Lord Mayor declared the s.ime to tiavo
fallen on Mt. Priusep, the poinbrr• tieing tor Air.
Prinsep 127, and for Mr.
Robert Wilsutl, Esq. It ly niehred Shernil,
was dischared on payiag a - bite ot 400/. • and 20
marks, and the timbal fees.

__—
FASHIONABLE DEPARTURES. . .
The Dowager -Countrss of Clermont, for Flastings; Mr.
Calcraft and family, for Rempston-e, Dorsetshiret. Mrs. Ogil-
vie and faalily, fur Dover; Mr. James GAing. Alr—Thoe.
111.1.3 liruadwvuda fur Vienna iUr, 4arini, fui Pius.

LAW INTELLIGENCE.

COURT OF CHANCEItY, JULY 17.

iNIPORTANT DECISION RELATIVE TO DISSENTERS.

• The. Loan CHANCELLOR this morning, in a
speech of nearly r‘vo hourS; gave j:idgment in the
case of Matinder and Stewart la Pearson and
others, Trustees of a Chapel in NVOlverhampt
a fell report of the pleadings in which was given
in Tuesday's 1.111. His Lordship began by ex-
pressing his deep sense of the very great 41)1)4p-
:ince of this nitestion in its general principles, and
the necessity which was thereby imposed on. the
coert of giving it the more attention. In 1701,
it appeared, a deed was made out, • by which a
Parcel of ground was given for the purpose of
_erecting :a Chapel for the worship of Gods and to
this grant an addition was. afterwards made •of
stiois of 2001. each by two
and of 991. by another person, all fur the support
of the said Chapel. BefOre going into the nature of
the deed, he felt himpelf bound to refer to the Act
passed in 1088, by which it was 'ordained that,.
as certain persons to ease their consciences, felt
they were tailed to separate from the Church
.of
England. such persons should he exempted from
the penalties imposed on,them by former Acts of
• this realm, excepting those, however, who at-
tacked the doctrine of the Holy Trinity. How-
ever mach this Act. might operate in favour of
Dissenters, still it was evident that . the CoMmon
„slaw underwent no alteisotonahut rimained in as
.much force asbefore. In the 9th or 10thof King;William and. Queen
.114,ary,-an Act had passed, by
which blasphemy of eyery kind was proliibited
nailer the severest. penalties, and by which it was
• declared that any,person propagating any doctrine
contrary to. the Christian religion., should, ipso
filet°, be disabled frotn fir:l:ling any office, cede-
siastical, civil or militaryaunder his Majesty ,or.his
'successors ; hut at the same time it was provided,
• that inforntations against such offenders should
.be lodged .within threemoiiths after the offence;
and that even atter the offender
would . be pardoned,, by renouncing .his errors
in presence of 'the Court . which convicted
him. This was so far, perhaps, then necessary,
.-but he did not see on what groundit could be
Alleged that it in the slightest degree operated
against the Common Law. -:.'here also was an Act
the SCottish Parliament, which statuted and
..ordained, " That our Sovereign Lott! the King,
'by and with the advice of his Estates, cloth decern
.and ordain, that whoever deities God or the Holy
Trinity,.sha.ll be processed and put to death on
• conviction."' The 53d of •the King had, howeve'r,
repealed the disabling clause of the Toleration
• -Act,-aud also'the Act of the Scots Parliament,
,bot he'laelieved there was no difference of °Pinion
in either House of Parliament that the Common
Law was the same as before. The Attorney-
, :General had charged the defendants with pro-
ceeding to create a trust iN bich .he alleged was
contrary to the intention of the founder of that
trust. Ile (Lind Eldon) did not apprehend he
la,' A
,right to meddle with any criminal motives
tytrirh might be imputed to the defendants,, as he
considered he was placed there solely to judge of:
• civil nlatters. lie thongire,-from• reading the
ahat'thet eavas• suflicient colour given to the allega-
tions of the AttoroeyaGeneral, viz• that this chapel
"Was founded for the sole.purpone*of Trinitarian
.doctrines being taught there. It was:, as he tkow
•down, quite clear, in the law of this coon-
?try, that lithe intention of the donor of any chit-
- ritable gift was, 'that that sum should be appro-
"' :priated solely to the promotion 'of the dissenting;
interest, that this "Court had no.power to alter
that dooatron,ae:thout violating the wishes of:the
donator, and he most say, that 'on this record he-
.. had nothing satijactorily enough: to strew' him'
what were the species-of-doctrines to be taught in
this church,,, excepting what he collected from a
rather singular clause- of the deed,: and to which
be should now refer. By that clause the donor
had Contemplated a-period when the chapel' might
be shut up, as the worship earl on•there might
be eon:tatty to law. it appeared toliimonterly
impOsSinle that the 'founder, looking to awhat
might.
_take place, could in fact, :or in sober
reason, mean to appoint a system •of doctrines to
be•promulgated in thatehapelawhich at the'tin-ue be
• snappointeirthern were 'illegal, for how in• truth
could they consider themselves protected; as the
original founder and trustees 'did by law,- except
they were conscious .the Chapel was to be eons
• 'ducted on principles which the law sanctioned?—
, • ItiVindd certainly be doing violence to the will
of the 'founder, to 'suppose that •he by-his . will
gaveinhe frustees powers to act lira differentmane
arterthan what was originally•meant•at the time
''he founded this Chapel, or that-they could change;
'train being a Trinitarian, to be an Unitarian
rs ChapeL Complaint had been made against ralr.
;Maunder not acting as a trustee since 1793, and it:
, was alleged he ought to he dismissedabut Ice snust:
say that no such dismissal could taineplace•unless'
by a regular process, and then if it appeated,`,l'
• 'that such dismissal was sought for solely because_
Maunder defender what he conceived to be;
. thearriginal 'intentions' of the founder, this-Cougar"
awoold take special care that no such dismissal,
• • should take place. After minutely going over
' -s' trust deeds •of 1701, 20, 42, and 72,t
iris 'Lordship observed that the present guess,
"tins must be discussed solely as if it had been-
' relating to a charity, without any regard to !Th.--
, .•. •giiitts•opinionsi but to mere civil purposes. The
question he had then to discuss was, " (or what,
. purpose had --this legal estate been vested." It
was• well known what the duties of an English
ClesgYman in the Established Church were, and
• his dereliction of these duties would be so sonn
, known; that to • say mo.ae.' on that head waa tm-
itecesary. As the Legislature bad, however,
allowed men to swede front the Church, and to be-
cone iv hat was now called dissenters,he felt himself ,
bnaind tusayathat a Court of Law or Nquity was call-
';.;eel to defend the property with which the trustees in
, .abefAhpels.•ol.DiSaeaters were invested, and to.see
than that property:was•properlyadministered. it
. issaa plain contmon" sense, that when money was
ale-ft.a. lay donors . :for .a certain parpofe, the. Courts
of this country were bound to see that such money
was properly applied, as long as the-Inpplicat ion Of
that money Was legal. The" ease-A.6a- Sartliftid,
• decided in the Louse of Lords, had clean). shewn

that thong!' a mtljhritv of a Cl!aDel or M••eting-,
house might wish to divert the rsieeting-uouse to
other purposes than was originally ittteuded by the
founders of the Chapel, yet still if any persons
adhered to 'the original system it, could not be
altered. Here no question of principle was en-
tertained, as indeed no Judge had a call to
meddle with principle, but the Courts of Law
had always, and must always feel they were
bOund to support those who adhered to 'the prin-
ciples on which Cll3pek or Meeting-houses were
Thinking then that this question was
deeply important on general principles, be in the
mean time granted the injunction, on both -pvties
becoming bound to obey such. order as be would
hereafter make on the-subject, and he would. not
make any order unless both agreed in the mean
time to oblige themselves to be responsible for the
rents and other monies belonging to the estates
in-question, 'meantime allowing the Minister to
have the usual allowance granted to him 'as Mi-
nister Of the Chapel. He. therefore ordered that
the case be referred to the Master, to inquire and
report in whom the legal estates were vested ;
what Was the particular nature of the object the
founder had in view in making this donation
.what kind of worship. he meant ;----how tar that
WOrship was then sanctioned by law ;—what doc-
trines were to be taught and inculgated,-and who
were the proper persons to act as trustees on the
estates,- and all' the books of these estates to he
produced and examined. He therefore did expressly
grant an injunction, in the mean time, prohibiting
tine trustee* front either- directly or innirectly
ejecting the Rev. John tei.viirt or Mr. Maiii,der,
and be also -prohibited them from incurring any
expellees: whatever relative to •such ejectment, till
this report was made by the Master, and an order
granted on such report •by the Court. •
Injunction Alierefore granted.
-[luring this 'judgment the Court was very
crowded.) •
His Lordship said he 'should give judgment in
the case of the Borough' of Fowcy to-morrow
(this day).