The Sun.
London, England, 1810-06-30 00:00:00

LAW REPOII7'

COURT 'OF KING'S fuxr• 29. •
After tix cases for Tecial argument were heard,
the Court was occupied respezting Sir Francis Bur.
deb. ,

The ATTOLINVi•GENERAt rose 'tld said, that he-
liad to move their Lordships for rules to stew cause.,
why Pyre should not be trials at Bar in two. ai-t.inns,'
Pne brut-iglu by Sjr Francis Burdett, Bart. aoinst •
Francis John Colman, Esq. Serjeant at Arois to the
House of.Comnions ; and the oilier brought rtAt.lintit
the Right' Hon. the Earl' of Moira, Constable of his
i\lajesty's Tower of London. Tbe Learned Gentle•
man r btrerve..d, that Sir. Francis Br:: dett had-brought
three actions, one 'against the Right H. n,
Ahltoik the Speaker of the flouse of, COMlllotii
one against -Coleman, Esq. &-rjeatit Anna
of that House; and the third against the Hight
rkri. the Earl of Mora. To the declaration upon
the.ffrst action the Speaker put in a p!ea ofithiifirm-
inthely, that Sir Francis Burdett, the plaintiff,
having been eonviaed by.ttic; House of Ct;rinnons of
the •Itilperial Parliament of Great Britain and Ile•
land, of a gross breach of fhe rights and privileges ssf
that House, he, the Speaker, by ti,ttue of the au-
thority iii him lvdted by that House, dlreMirz thu
kair4 Sir F. Buidett to be imprisoned i'n his Majs..:st)'s
Tower of-London, did,. iii pursuance i)t the send a
thority, issue Ins w:irraur tr.rr ihe apl,rehension of
the,:*saidt3ir Francis Burdett, th,.t tnigi.t su L.ts
imprisoned in ex.ecution, accoeding to the sad eon-
vibitin, and, by order of that House.• T,, this plea
Sir Francis Int/right fit to file a Dtinuricr. As Ilse
question upon thepemturer ne:inatter of con-
sideration for the Court in
,itS juridical. ca,nety,
being-a spatter of la'w, it cannot be submittt-d to the
consideration of a Jury. •With .resped, therefOrr-i
to the actions against Mr. Coltuan and the EA of
Moira, it will.stand thus; they must go to Juries of
the country. In that against the Seikant at Arn3S,
the Declatation statei, that with force and arinS he
broke open the House of phtintiti.,- and then '
there unlawfully.and tr. ith violence took hint in o
custody and did faliely innprtson him. T. tins de-
claration the S,-tjeici)t at "Awns pleaded, that the
plaintiff had.eS'adecl the legal and in.st exectv ion of
the warrant, and that he was-justified therefore in
breaking open his house to arrest hurl. To this
plea Sir Francis put_ in.a replication.,dsnying the.
above, and upon this issue was joined in this
With respea to the ar:;tion against Eat!. Moira, ti:e
pleadings Niere nearly the same, sate and except
that he justifies. the
°legality of the detentior.,.by
necessity he is under, in his capacity of Contaule of
the Tower of London, to obey the warrant of the
Speaker of the House of Commons, which enjoined
that detention. , The motion which he suinitted,
-was fora rule, calling til;ctri 'the plaintiff., to drew
eWhy eacjt of thoSe a'aio# should not be tried
al }Var.

The ATTORNEY-GENERAL stated, that the point,
to be discussed., were.. so important, the subject itself
so novel, the magnitude of 'the questions to be Agi-
tated so great, that nothing. short of the most
lenm and dignified investigation cont.! ti.ees the end.)
of public justice. Besides, the thing now beCallie
matt r of vast constitutional consi.kration, and tits
,PuOlic at large, no less than Parl:amtent it eit, re-
quired that such au investigattin should take vlace,
.as would be equivalent to the importance of the
matter -altogether. For these reasons he !time] for
Trials.at liar, in preference to any inferior mode a
Ttial.by Jury.

Lord ELLENBOROUGH.—`• I suppose, Mr. Attot-
Fie), Geheral, i hat you meat} Trials at Ear f*t
chaelioas Tern r

ATTORNEY GENERAL..-rb" Yes, certainly my Lord,
I cannot ask for them Sooner ; nor could I wove
sooner for them. The utinost.lalitude was given- to
S:r Francis Btirdett ; but as he did ,not think fit tv
send in his replications till last night, it was impos-
sible that I could move for these trials till tills day."
I,Ord ELLENBOROUGLi.—•" Take yvur rule, Mr.
Attorney General."
Rule Nisi granted.

COURT OF. EXCHEQUER, !UN/ 29.

THE PRINCE -OP WALES V. SIR JOHN ST. AVEYN AND

OTH Elti.

Mr. HARGRAVE, in a speech of considerable length,
stipported the right of his Royal Highness to bring
the present action by his Attorney Generat, to whiCh
the defendant had demurred. He stated that it was
an extreme hardship upon his Royal Highness to be
now called upon to prove his right to prosecute by
his Attorney General, when his predecessors had
done So uniformly since the time of Henry Prince
of Wales, son King James the First. He held
in his hand an old manuscript book, written at the
express desire of the Prince, which Contained the
duties of all the Prince of Wales's Officers;. and, ac-
cording to that book, the 'Attorney General %%as to
cornmence and defend actions at law, wherein his
Royal Highness might be engaged. The Learned
Counsel, after quoting a number 401 reports and pub-
lic papers, wherein the 'Prince of Wales's Attorney
General' had been acknowledged as such by toe
Judges of the land, argued, that it was perLelly
conformable to the spirit nfthe British Constitutio,,,
that the Heir Apparent to the Crown should er.t
appear himself in litigation with any of his Mojest,y's
subjeiis, but that his rights should be pi•uteccd ,by
some Public Officer.

Mr, WYATI spoke at• some length On the same
side; and their Lord,hips postpuued the further txtii-
sicieration of the subjett to Tuesday next.

The deta,chrnentuf the Guards for -foreign service
will march in the course of a few days fur Puns-
mouth, there to embark for Portugal.
A young lady of fortune eloped on Saturday last
from the neighbourhood of BAktord,Knare, with a
Midshipman. The fugitives were, howevsr, el
Covered at a linage in Hampshire, just. as they were
entering ihe Church to be married, and the Lady
brought back to town.

Ot; Sunday, the 17th inst. as ..the Captain of a
cutter stationed at the mouth of the l'h inierttear
the .port of Leigh, in Essex, was going with svvei,
men" in a boat, from Leigh to Benefleet Creek, the
boat Was completely upset by a violent gale of
The seven men recovered the boat, and preservei-i
themselves, but the Captain was unfottonate:y
drowned. His body was wailed ashore two tionr4
afterwards, about a mile from the pm of th►e river
whet', the accident happened.

PUR FIN (i• INT EL LIG.EA CE.

BIBURY RACES.

NIPLDNZSDAY. 11.1):11 27.

The Craven Stakes, a Subscrlptinn of togs. each, with 2.5 es •
added by the Club, for all age). '1 he New 11.111 c.
Wmtmore's ch. g DemaKogue, 5 yrs olti '

Lipptigott's 5 rs
Llt towilicr's cit. g. No Conjure:, 5 yis old
I.t► C. §outerset's Spe‘ul.diutt, yis uld

_ .
The Sherburne Stakes of fogs. each, jogs. ft. and only Jogs.
• " ' if declared, &c tour miles. ' -
Mr. Whitmore's-Ploughbu), actl, ro.d - _ t
Mr. Gottinuril names lle:lu.d.cm, 5 yra t.lil, i tst..slb. 2,
Mr. Farquharson's Silveisides, 5 srs old, 1...5t. t3lb. 3
Sir H. C. Lippincott's surc,ress rec. 4ogs. akst Lord C.
11. Somerset's w IlltisOr, 4 yrs wd, gst. 710. each. Last
ruffle, loogs..h. ft. : -
. .Sir 1. C. 1--lawkins's t. by Hannibal, out of Martha, won,
Ugat -Mr. Trevanion'S C. try Sorcerer. dam by Si, l'eter, to
carry ivir. Woitall's lowest weight. lied Post h. me, sogs.
Mr. Isuuvene's busi.rd, lost, jib. rec. tt. agat Mr..-Cal-
ley' Mountaineer, gst. z :lb. three miles, tooss. h. tt. To
start at the New Mile.

NEWTON RACES.

FRIDAY, JUNE 22.

A Plate of 701. value. given. by I. I. lilackburne, Esq. for
,all ages. Four-tilde heati.
Earl IVilton's b. 1. Iserenico, s yrs old
Mr. Hewett'* ch. c. Ltogodcl, 4 yrs vhl

I I
2

NEWMARKET FIRST OCTOBER NIELTING, iSto.

THtlit.3l)l.Y.
Mr. Vansittart's Treasurer, agst Itilr. SlLike•
spear's cli. by Bobtail, Sst. Two-yr Course, "cogs.

SECOND OCTOBER MEETING.

MONDAY.
Sir J. Shelley's Fanny, &t. illb. agst Ld C. H. Caven-
dish's Orange, 7st. i ilb. U. M. lougs.

HOUGHTJN MEETING.

MONDAY.

Ld Darlington's Musician, gst. agst the D. of Grafton's
Pope, gst.2lb. T. M. M..a.oogs. h ft.
Ld H. Cavendish's Eccleston, gat. 71b, agst
Shakespear's Sprite, Bst 31b. It: M. zoogs.

FASHIONS FOR J U

FROM ACKERMANN'S REPOSITORY by ARTS, FASHIONS,

NIA NuFACTUREs, &C.

FASMONS FOR LADIES AND GENTLEMEN.

•
A BALL DRESS.—A pink gossamer satin sJip, with Gre:
clan frock of white Persian gaute, or undrest Italian crape ;
united up the front and round tile bottom with silver filigree
buttons and chain. The bottitai trimmed with a deep van.
dyke lace, and finished at the feet with the wile; Spanish
slash sleeve; -confine i with' silver filigree buttons and cord.
Hair a hi.G.ecgrae, confined with a pearl comb ; the ends
parted on the forcheadby the introduction of a bunch of Per.
Stan roses. Necklace, brace.ets, and ear-rings of pearl.
Shoes of white satin; spotted with pint foil. Gloves of
kid, below the elbow. Fan of white crape, with
Egy-ptian characters in silver.
Ttsass. VitOMIVA,DE. OR KINSIKOTON-GARDEN • Fl-