The Sun.
London, England, 1829-11-07 00:00:00

SPIRIT OF THE PUI3LIC JOUR:

The Bishop of Ferns caught what is vult,,
called a " Tartar," when he challenged L 6:
Mountcashel to debate with him the question of
Irish Church Reform. The Noble Earl has \\
published a rejoinder to the last attack of the
Right Rev. Bishop, and if we were confidants
or authorised advisers of Dr. Elrington, we
should undoubtedly say to him—" My Lord,
you have had enough of it—depart in peace,
while you have yet a leg to stand upon." Lord
Mountcashel goes forward, heedless of whatever
intemperance or extravagance his learned as-
sailant may have betrayed, and in a patient, but
spirited and conclusive exposition of the state of
the Church of Ireland, past and present, en-
forces each of his preceding propositions in a
manner which to the Bishop of Ferns will per-
haps be not quite satisfactory. In reply to the
absurd parallel drawn between the causes in ope-
ration against the Church Establishment in the
year 1628, and in the 19th century, Lord
Mountcashel takes an unpitying advantage of
the barbarous ignorance of history, or contempt
for it, which distinguishes the warnings of the

Bishop. It will be recollected that the Rev.
Prelate has thought fit to deprecate all attempts
at inquiry into the existing abuses of the Church
of Ireland, because the investigations of
ended in an overthrow of the Church of Eng

land. It may be well disputed how much
the country lost by the successful resistance
made frogi 1628 downwards, against the
system of the tyrannical and half-papist
Laud ; though it may be asked with equal
reason, what the cause of liberty or of religion

gained by the execution of that obnoxious pre,
late. But to revive Dr. Elrington's forgotten or
suspended knowledge of the circumstances which
really produced the overturn of Church and
State in the time of Charles, and from the influ-
ence of which we are now providentially exempt-
ed, Lord Mountcashel proceeds as follows:
" Your Lordship would induce me to believe
that petitions to Parliament against ecclesiastical
abuses, from persons who were united together in
the doctrines of the Church of England, led princi-
pally to the evil consequences you have noticed.
And therefore your Lordship would have the laity,
at the present time, wink at what is wrong, ant
passively suffer that which is hurtful to their own
and to their neighbour's eternal welfare. Without
attempting to advocate those who in King Charles's
reign made religion, as men have too often in all
ages done, a step-ladder to temporal power, I must
beg leave to say, that there were soma other
causes which mainly contributed to bring about
the unhappy events your Lordship refers to.
Allow me, as briefly as possible, to point out
a few of these, which, together with the general
suspicion that King Charles was a Papist, must
have had considerable weight. First, his attempt to
raise money by taxes unauthorised by Parliament,
especially by tonnage and poundage. Secondly,
his lending, a portion of the British navy to the
King of France, his brother-in-law, even when he
knew the vessels were to be employed in the subjn,
gation of the French Protestants at Rochelle,
Thirdly, the protection and favour he conferred on
the imperious Buckingham, whom Echart, Arch _
deacon of Stowe, in his history, informs is was
considered by the Commons to be" the corrupter of
the King, and the betrayer of the people." Add to
this, his opposing the right of Parliament to inquire
into the public conduct of his Ministers. Four' hly,
the oommittal of his subjects to prison for no legal
offence, whilst even the benefit of the Habeas Corpus
Act was withheld from them. Fifthly, the mis-
management of foreign and home affairs, the vexa-
tions the people had just reasons to complain of, and
the failure that accompanied ;Almost his enterprises.
No wonder a general discontentent prevailed, But
it is a dangerous thing for a weak Prince te, struggle
with his people for arbitrary power. When King,
John opposed his Barons, the Magita Charta was
first obtained, and Charles's opposition to the Com-
mons gave birth to the Bill a Bights. Does your
Lordship think that petitions for church reform
called for this last measure? If not, the cause of
the Revolution, and those various evils you make so
much noise about, may with more truth be traced to
another source, and religion will be found oilly to
have been one of the weapons used in the contest,"
It must, indeed, appear to those of our readers
who, unlike Dr. Elrington, are acquaipAed with
the history of Engle,a, that the leaven of arbi-
trary power was what really set the minds of men
in a ferment, by mixing itself up with ali dissen-
sions upon the rights of the people and the
abuses of their Government,—that resistance on
the part of the Court to every redress of griev-
ances, and on that of the leading Chun
to every investigation of abuses or -,aalpractices
generally charged upon the ae:-,gy was the real
,
and crowning injury whirl:, provoked the nation,
and produced a clia7;asement of the offenders in
Church and otate, which Dr. Elrington and
others
his character would do well to keep
telerf'ore of
itleir, eyes, even though they shut them
ever so obstinately to all other portions of our
annals, Lord Mountcashel is correct both as
to fact and reasoning, where he rebukes the
sneer of Bishop Elrington at what his Right
Reverence is pleased to call " Lay Synods." The
laity, who defend the Church and support it, and
for whom, under correction, the Church itself
was instituted, have an inherent and inalienable
right toinvestigate, prosecute, and to abolish
alaises, If there were to be no lay 11-lb,,
murs at the Church, we should like to ask
when is it likety that a " Synod"
would bring: about a redress or. Church abuses ?
Woulil those who have long dispensed a worldly-
sordid, and, corrupt patronage, com-
plain of that patronage as an evil ? No ; the
Bishops would neither peach upon their.
in"etbren, nor deprive themselves of prerogatives
however perwaed, And as for what are de-
scribed as the " well-connected," high-born, ill-
...d;:ici,‘,ted, insolent, and useless minions of blind
favour, and unmerited wealth, who fill alternately
stalls and watering-places, known to their pa-
rishioners no otherwise than as recipients of
tithes,—is probable that such men would de-
'",
nouncaa system which forced theßishopsto be-stow
every valuable preferment upon them, to the
ex-
elusion of unpatronised and unpr ected Clergy-
,
men, many of whom will be bP,e.ter known to the
theological students of ft).'.ure generations, than
to their own Bishops at the present day ? A
reformingSr).'nElNirin trulyioVw3liShaeSniiejloke lslo !
We
shall finish by ;voting from Lord Mountcashel
a passage ix.l,ating to the manner in which the
ChureA, of Ireland continues to be deprived of
I ,
f npfbents, and the majority of incumbents
Pinched out of their revenues by the scandalous
• •
'a young man, or
Q-Xcese to which episcol\at unions have been,
been too
carried :
eff:ctlerdisitr
‘kiat7cmas,epforable what jobbing '.VAS finis
livings attached ;e. ca,
we als'etto
and how religion
othetcra4bleirtioirteedf to
an
otlitileoinnet.eres\t\:onfat
ought
farther W-ncie does the incumbent
rueoiefst,he l.iebarideaneries,d
and several possibly much,
distance of 50 or 'OO often situated at a
side -ftow does he fulfil the duties of tulsieuaplel):l,lll.ec
what degree is he the promoter of the spiri-
tdiil welfare of his people ? I myself know et one:
who is a dignitary to Munster, anti isle at the same

moment holds a large living in Connaught. Awl
pray what good can the people reap from the talent s
of this clerical absentee ? I know of one union not
far ham this place, which is valued between 3,0001.
and 4,000/. a year. It is formed of five parishes,
which until the passing of the late act in the year
1827 could not have been dissolved. As to the
Anions pro hac vice, the contiguity of parishes
has been taken advantage of to a most tinwarrantab:e
extent, to unite those which had always previously
supported separate clergymen and separate churches.
Reserving further particulars, names of parishes,—
aye, and names of clergymen too; for I have a tole-
rable stock of facts on hand, for another occasion,
—I beg at present to call your Lordship's attention
to the return made by the Bishops to Parliament in
the year 1820. From this return it appeared that
in the diocese of Clonfert and Kilmacduah there
were 59 parishes united into 14 benefices ! Of one
of these the Bishop himself tells us it consists of
34,000 acres, and certainly ought to be dissolved !
This was not a solitary case. At the same period
it also appeared, there were in the dioceses of Cork
and Ross 107 parishes, united into 77 benefices,
with only 43 incumbents resident near enough to
perform the duties ! In the diocese of Cloyne
(where I reside) I find at that period 123 parishes
united into 77 benefices ; and though the Bishop
who then filled the See, represented 46 incumbents
as being resident, it is well known how untrue some
of his Lordship's statements were. These few facts
taken from public documents speak for themselves,
and ought to suffice. As for pluralities, your Lord-
ship will probably give me an opportunity of speak-
ing of these another time."—Times.
In our number of yesterday we entered upon
the topic of the existing relations between Great
Britain and Portugal less at large than the im-
portance of the subject seemed to call for, more
especially as we have since learned that it is a
point which will be submitted to Parliament at a
eery early period of the ensuing Session. We
have e!ready recorded our opinion that it it de-
sirable at the first proper opportunity to place
the intercourse of the two countries upon a basis
of sufficient stability—to give a security to the
spirit of commercial enterprise which it does not
at this moment possess—but we deprecated the
attempt at any thing approximating to those
Quixotic demonstrations, from the effects of
which, as resorted to upon former occa-
sions, we are not likely soon to recover. The
ureat object of the British Cabinet is at this mo-
ment to ascertain unequivocally the sentiments of
the Portuguese people ; but the question appa-
rently so simple and easy of solution, assumes,
from the peculiar nature of the elements which
enter into the compe!eition of society in that
portion of the Peninsula, a very complicated
end difficult aspect. The individual who at
present wields the sceptre of Portugal, has, as
we have already said, a preponderating numerical
superiority of adherents. The Clergy, with ex-
ceptions too insignificant in number and influ-
ence to be taken into account, are with him
and, as a necessary consequence with a popula-
tion by whom a blind devotion to their spiritual
guides is carried to an extent of which we can
scarcely form a conception, the mass of the
)ower orders are firm adherents to the interests
or :Miguel, The same may be asserted of the
great b0!1V of the Nobility; but amongst them
the exception: are more numerous and more im-
portant ; still, howeZ.f% leaving hire an pnques-
tionable majority of that 674 et, The only rally-
ing point of those who cannot be. recoils
cited to the existing order of things, or
be brought to acknowledge as a Sovereign
the man whom they designated as an Usurper,
is to be found in the intermediate class be-
tween these two extremes ; but, in that inter-
mediate class is comprehended a great propor-
tion of the intelligence and property of the king-
dom. In the slight and hurried sketch we have
just given will he found the cause of the diffi-
culty of determining with precision which party
is entitled to represent public opinion: and we
apprehend that this is precisely what embarrasses
the operation of the British Cabinet, and gives
to their position an air of irresolution, from
which they are most anxious to redeem it the
moment it can be done, without subjecting them
to the imputation of direct interference with the
interns! concerns of ad independent kingdom.
But this, it is obvious„ cannot be remedied, with-
out a demonstration on the part of the Portu-
guese themselves of such a name as to set at
rest, in one way or the other, the ainLipity
which at present hangs over their proceedings
ate inclinations. It 6 futile to urge objections
to a ter:ination of the present suspense by a re-
ference to the Lnce: nersonal demerits .of' ,an individual;
international co
is of overwhelming import-
17settled until a elaimant
ante are not to be kept 11
Tooter Can be des-
wholly unexceptionable in chh.
covered. Besides, it is perfectly eal7 to renew
our amicable relations, in so far as the inteiel7ll
of British subjects may require, without at all
compromising the reputation of our Cabinet by
any step that could be strained into an approval
of usurpation.—Morning Chronicle.
One of the many errors of our tribe of politi-
cal economists is that of overvaluing our foreign
trade, and undervaluing the internal domestic
consumption of the country. On this subject,
notwithstanding the intricacy in which it is at-
tempted to be involved, we know of no surer
pick.. or test to try it by than every man's com-
mon senZ and general observation ; and is there,
we would ash", any man living, who, applying
those qualities tt: the subject, and taking our
population at 15,000,6'90, can believe that there
Is any quantity of manufacitieed goods, which the
inhabitants of other countries (exeluszve of our own
colonies) will take from us, that can make it worth
while to say to the home producer or consumer
" We must first look to the foreign cuetonter,
for, as compared with him, you are nobody ?"
v.bile the real fact is that the home consumer is
every body, and in comparison with him the
Ihreign consumer is a mere chance customer,
whom we are willing enough to serve, but to-
vards whom, in comparison with the oiler,
it isnot worth ‘shile to make the smallest sacri-
fice. for him the disciples of the Huskis-
sonian schoe'l make every sacrifice. " Perish,"
say they in effeci:, " our home trade, so that our
foreign trade is but I.2ade amenable to the wants
and fiscal regulations of foreign States." Well,
we have paid our homage At the door of this
new-fangled theory. VVe have ee74d to foreign
States " Here we are , ready to (ICM Fitll YOU
upon terms anost disadvantageous !o oueselyes,
but advantageous to you ;" and what hag been
the result ? Not a single additional foreign
customer has upon the whole been gained tp the
export account, while our interngtrade and con-
eoznption have diminished at nearly eery point.
Now we ask the advocates of free trade, and of
restricted currency, would such have been the
case had the ;se two subjects not :;:Yen meddled
with ? Would i&ls, would sugar, woe every
other necessary of • hie, have fallen hack
face of a yearly-increasing population, had the
Government possessed the gm:J. sense to meet
the necessarily increased demand by inch Eased fa-
cilities' Instead of which it has Leen our wis-
dom, forsooth, at one and the same time, to 4ake

from every man at home the means of buying, for
the sake of facilitating those means to the foreign
consumer, which he, for obvious reasons, has
not availed himself of. We say for obvious
reasons, because he had from us already nearly
all that lie could take, and had most of the com-
modities already as cheap or cheaper at his own
door than we, with all our relaxation of duties,
could supply them to him. The folly then of
the Huskissonian school consists in looking
abroad, while as British Statesmen, they should
have been looking at home, Every state of so-
ciety is artificial to a certain degree : our's is
peculiarly so. To pay the interest of an enor-
mous debt, public imposts must exist to an ex-
tent unknown in any other country ; and for any
Statesman to say that, thus situated, we can
blend ourselves in common with untaxed com-
munities, is, to say the least of it, a species of
political insanity, from the effects of which the
good sense of Parliament, aided by dear-bought
experience, will, it is to be hoped, soon relieve
us.—Morning Herald.

The proceedings at an entertainment which
was given the other (lay by some of the inhabi-
tants of Youghal to Mr. O'Connell, present se-
veral highly characteristic traits, and are preg-
nant with melancholy information as to the state
and prospects of the sister kingdom. The com-
pany at this festive meeting consisted, as we
learn by the Irish Papers, of 150 Gentlemen,
and of the names thought worthy of record we
notice that one half, or thereabouts, are those of
Roman Catholic Priests. It is scarcely neces-
sary to mention, that in pouring out a libation
in honour of their guest, the name of O'Connell
was coupled with the title of " The Liberator
of Ireland," since this has become the establish-
ed formula upon all such occasions. It is more
important, however, in order to show the spirit
of the meeting, to notice the fact that Mr. O'Con-
nell proposed " The health of Mr. Mor-
rogh, the firm and conscientious Juror," to
remind our readers that this is the per-
son who has acquired so much celebrity
by his conduct in that capacity during the
recent judicial proceedings at Cork, and the con-
stitution of whose mind, as then exhibited, gave
rise to an expression of astonishment from the
Bench—and to add, that this toast was received
with bursts of applause, almost as loud and en-
thusiastic as any that resounded in honour of
the Great Liberator himself. The occurrences
we have mentioned, important and significant as
they must appear, would probably not have suf-
ficed to attract our particular notice ; but the
language addressed to this meeting by " the
Great Liberator"—to this meeting, probably
collected together by the influence of Roman
Catholic Priests, and of Ili hich certainly Roman
Catholic Priests were the most conspicuous and
influential members, seems to us so plainly indi-
cative of the scenes which are preparing in Ire-
land—presents so clear a prospect of new agita-
tion in that country, distinguishable from the
•, pfd, no doubt, by its watchwords and pretexts,
but impelled by the same springs, maintained in
activity. by the same agency, similar in intensity,
equal in its powers of mischief, identical, in a
word, in all respects, except its badges and pro-
fessions—that the transaction cannot be over-
iopked without a flagrant violation of duty.—
After some declamation, which we willingly
omit in honour of the Bill of last Session, the
Aciitator proceeds thus to adargo the ghostly
0
confederates, in whose strength alone he knows
that he is strong :
‘f Conscience is free, a broad embracing principle
is established, and we have shaken off the bla.-
phomou3 Penal Code, which raised a barrier be-
tween man and his Maker. Ireland alone, of all
nations of the earth, has achieved a bloodless revo-
lution. In 1782 she stood up in the majesty of na-
tional power. Is there no other P7B ?—(Hear,
and loud cheers.)—It is a truth grown into a prof
verb, that what has been once done may be again
effected. Ireland is too good to be a province, and
she must, and shall again, have her resident Parlia-
ment. I have heard named the Union between
England, Scotland, and Ireland, but such Union only
tends to the degradation of the entire. Nor can Ire-
land hope for such happiness until she is again a na-
tion—until she has again within her bosom a do-
mestic Legislature. ishall net stop here to discuss
the advantages of Irish independence=l pity, from
my soul I pity, the man who thinks he ought not to
have a Legislature in his own country. Shall I be
told '-is hopeless ? Look back upon the Catholic
eausewhen it was difficult to get five persons in
a room on the subjeet, the Catholics were divided
amongst theruselves,_ and hated each other with a
rancour almost equalling that of the oppressor who
trampled on them both. Yet, notwithstanding these
divisions, Emancipation was carried, and a Catholic
is now thn Member for Clare. Is union and exer-
tion no logger necessary ? Are the Beresfords block-
hewis ? Will X:la,ey give pp Waterford without a
stru --i«: ? Ara there no HOsops or Currys in Dun.
gs . ---, •
‘, :.2ies trpapcipetion was to be carri A,
garvan ?
I.‘ tud,opppsktion to it ? .13? t,
had these no interest ..
Unio.o, whfen all twill
who'll oppose a repeal of tiL"
be equally gainers by a native Legislaiare t---(Cries
of ' Hear, hear.')—l shall have the Orangemei: by
my side. I will unite the Presbyterian of the north
with the Methodist of the south, and I phall bring
the quiet prim Quaker into the confederacy, Who
doubts of your success? Is there no change in the
time ?"
There is we know ,a disposition among the
people in this country to ;regard such language
as we have quoted as the mere raying pf folly and
disaffection. But a more fatal mistake, we are
persuaded, there cannot be, than that of con-
cluding there is nothing ominous in such a pro-
ject, announce4l by Mr. O'Connell, and received
with acclamation by the Roman Catholic Priests
and people of Ireland, merely because we feel
that no man could avow it in this country with-
out becoming the object of universal ridicule,
The chances of success, so far as the ostensible
and avowed design is concerned, are we know
infinitely smelly but the real objects of keeping
agitation alive, of maintaining in the hearts of
the people sentiments of erni4ty and distrust to-
;Yards the Government of England, of prevent-
ing peace- and order from acquiring even a teie,f.
porary dorninio,:i, may be pursued not the less,
but perhaps the more effectually, that the
project, in the name and iniger the pretence
of which the passions of the p.eople are
to be excited, is utterly hopeless. •We .49
not suppose that the agitators of Ireland,
or that the Roman Catholic Priesthood, from
whom they derive their whole efficacy, and their
• pernet4al impulse, have any hope of effecting a
dis's'olutlon a ;,11.0 Union. They may indeed
wish for this cbailge, for it is one which would.
inevitably lead to the fiilf ac,eopiplishment of
every 04.jpet that the Roman Catholic Church in
Ireland can possiLly have in view. But withpitt,
one hope of the success of the object they 1!n-
-mediately profess, they may, and we. are per-
suaded that they do, t;,O lively interest in th.e
maintenance of agitation, turlAdenee, and (I,is-
' cord They have another and more nators4 Sk-
i , !
ject,lo which the repeal of the Union might lead
the way, ho,t, vAisli may be attained without it,
and which, 15,40qty.pfei..cpce to any intermediate
measure, they will, E..',e 4.144 ,p,p.t) in due time

and at a convenient opportunity, frankly and
boldly avow. I❑ the meanwhile, the cause of
turbulence, agitation, and discord, is their cause.
In supporting and advancing it, they do but keep
in order and improve their proper armoury
against the anticipated moment When they may
dare to shew their true banners in the open field.
—Morning Post.

We have frequently had occasion to impugn
the principle on which Magistrates have occa-
sionally decided cases of information brought
against Licenced Victuallers, by those pests and
disgraces of society, common informers ; we
allude to the unworthy, unjustifiable, and, we
will add, illegal preference which has been given
to the testimony of a common informer, over
that of an independent, unprejudiced, and dis-
interested witness—a preference which the law
never once authorized, and which is as repug-
nant
to the spirit of justice, as it is most unjust
and injurious to the interest of individuals and
the public welfare. We have now, however,
the pleasure of directing the attention, and, we
are confident, the approbation also, of our readers
to one of the ablest expositions of the law of
evidence, and rule of judgment, in cases of in-
formation, where conflicting evidence is adduced,
which we ever remember to have met with, an ex-
position given on Thursday last by that learned
and upright Magistrate Mr. Serjeant Sellon, at
Hatton-garden, and which we would fain hope will
not prove without its use to his brethren, both in
that office and elsewhere. The case was shortly this,
An informer swore that he had been served, con-
trary to the Act, with a certain quantity of gin,
between eleven and twelve o'clock on a Sunday,
a short time back ; and an impartial witness on
the other side swore that he had seen the door
of the licensed victualler's house for an hour
and a half on the day in question, including the
hour named in the summons, and that he had
seen none served, although he had seen many
turned away who wished to be served. The
decision of Mr. Serjeant Sellon upon the case
was delivered in nearly the following terms :
" It is a very difficult thing directly to prove a
negative, and such is the situation in which a
publican is placed in these informations. It is a
different thing where testimony is admitted
against testimony on equal grounds ; but here,
although I do not mean to throw out reflec-
tion on any side, nor to insinuate that the wit-
ness of the informer is an incompetent witness,
yet we know that he is an interested witness.
The witnesses for the defence have not directly
disproved all of them the special charges, but
their general evidence proves that they had ap-
plied for themselves, and had seen others apply
to be served at the house of the defendant within
the time stated, and they had all been refused.
None of the witnesses had sworn to more than
they had been eye witnesses to ; and indeed I
would have had a very. poor opinion of the evi-
dence had it gone farther ; but taking it on the
general ground that SO many were refused on
the day, and these the friends of the defendant,
it is strong presumption that he was not likely
to be caught by an individual application from a
party who was unknown to him. I will not
attempt to account for the difference in the evi-
dence. The witness of the informer may have
mistaken the day or the hour ; or there may exist
some mistake somewhere ; but when so many
persons come forward, and give evidence, who
we know are disinterested—who are tradesmen
and neighbours—and oppose a single witness,
who has an interest in the conviction, the mat-
ter can admit of only one mode of treatment.
• Under these circumstances of the case, the com-
plaint must be discharged."—Morn. Advertiser.

LAW INTELLIGENCE.

PREROGATIVE COURT, Nov. 6.
LILLIE V. LILLIE.

The deceased in this suit was Mr. Charles Ed-
ward Lillie, of Sion College-gardens, who died Oc-
tober 28, 1828, leaving a widow, Mrs. Anna Lillie,
one of the parties in the suit, a mother, Mrs. Chris-
tiana Lillie, the other party, a brother and a sister.
In October, 1827, about a month after his mar-
riage, the deceased, being then attacked by a pul-
monary complaint, executed a will and codicil,
whereby the bulk of his property, real and personal
(about 4,0001.), was bequeathed to his mother and
brother, to the exclusion of his wife. The reason
assigned for this disposition was, that he had re-
ceived but a small sum of money from his wife's
father, who was able to maintain her. This will
was deposited in the hands of Mr. John Whitmore,
a confidential friend and executor. Some time be-
fore his death, the deceased sent for the will, and
Mr, Whitmore gave it into the hands of a servant at
Mr. Lillie's house, with directions to deliver it to
him. Not being forthcoming at his decease, the
widow claimed an intestacy, on the presumption of
law that a testamentary instrument not in existence,
under these circumstances, was destroyed by the
testator. On behalf of Mrs. Christiana Lillie, it
was contended that the instrument had never reached
the hands of the deceased, but was destroyed with-
out his privity ; and the Court was prayed to pro-
nounce for a (1, aught of the will.
!ter bearing Dr. LUSHINGTON and Dr. Npuiptit,
for the legatees under the will, and Dr. DoDsoN and
Dr. ADDAMS on behalf of the widow,
Gir JpttN NIcISOLL observed, that as the will was
not forthcoming., the party setting up the copy was
bound to prove that the priginal bad been destroyed,
not by the deceased, but by rAmp other, without his
knowledge or authority. The only difficulty in the
case was to find a fair ground to justify the mother
in setting up this case, and in charging the widow
with perj4ry, and indirectly with spoliation of the
will. All the facts were known to Mrs. C. Lillie,
and to the exccptorf, who were satisfied that the
will had been revoked, 00er:these cirqinstanees,
it was not just to the widow to bUrtheu her 'with
the costs; and therefore, in pronowigigg against the
paper propounded, and for an intestacy, he khould
!2pti4cryin Mrs. C. Lillie in the costs of the suit.

- -
COURT OF CONDP,EqATES—SznJEANT's-INN.
QUESTION OF PRIVILEcE•7-7INkOET ANT DECISION.

WESTMEATH V. WESTMEATIi,

In the suit of separation, promoted by the Mar,
chioness of Westmeath against George Thomas
Jolo, Marquis of Westmeath, the Judge in the
Consistory Coiwt having pronounced sentence, di-
rected a motion for ri,yo-i;;V, of costs to be issued
against the noble Marquis, who refused crimpliance
with the order, pleading his privilege as a peer or.
the re4lrp.
In ordinayy cases of contumacy the caption of the
person is resorted to, but Lefore the powers of this
Conrt could he enforced, it became necessary to
settle a very ?mportant qiiestion as to the extent oit
protection from arrest ef,Forded to a peer by virtue
of his privilege.
The question was referred to the Court of de)e-
gates, and by them to the whole commission, who
accordingly met the last session in July, but finally
postpsmAl
.;:,;dgment until the commencement of the
present term. • 711,4reday the Judges again as-
sembled and the Learned Poni;s.,-#:, t!.11 Kings Ad-
vocate, and Mr. Broderip, having- been
bebaLf ,f,if the noble Marquis, and brs. ;Ltisbinton
itacf Adams t,,pinst, the Court was cleared, and
when ro_hchi.kkttcd ge,f,;istrar then read thei:
Lords Wop !teciPicoP..
aid
heaTrdheCojuurdageelsortlat7)?hgataf
and read
• meath, the respondent,

pronounced the said George Thomas John, Marquis
of Westmeath, in contempt of the law and juris-
diction ecclesiastical, in not having obeyed the mo-
nition heretofore issued by this Court, and duly
served upon him, and returned into Court, to pay
the sum of 2011. 45. 8(1., the amount of the bill of
expenses duly taxed, on behalf of Emily Ann Ben-
nett, Marchioness of Westmeath, and decreed such
hs contumacy to be signified according to the tenour
of the statute in that case made and provided.
Accordingly a significavit, in due form, was di-
rected to be placed in the hands of the Lord Chan-
cellor, with whom the ulterior proceedings rest.

POLICE INTELLIGENCE.

MANSION-HOUSE.

A lad named Thatcher, a waterman's apprentice,
was charged with having extorted more than his
fare, on landing two passengers from a steam•boat.
It was proved that he insisted on Is. as his fare
for two persons, when 4d. was the legal fare for
landing one, and 3d. for each of two persons.
The LORD MAYOR, with the consent of the pro-
secutor, under the defendant's manifest inability to
pay any fine, and promises of amendment, permitted
him to be discharged on the payment of costs.
Forster, the Marshalman, said they were 3s.

The LORD MAYOR asked what the 38. costs were
for ? Forster—One shilling for the summons, and
2s. for the service, as it took much time, for I had
to go a long distance.
The LORD MAYOR—Your time 1 your time be-
longs to the public, from whom you receive a sa-
lary. But lam determined to inquire into these
practices. The Marshalmen must not be permitted
to exercise such a discretion. I have heard instances
of their refusing to serve warrants unless they were
paid 55.; anti that in other cases they prescribe their
own teems for doing a public duty. This cannot
go on.
Brand (another of the Marshalmen)—My Lord,
we charge only at the fixed rate laid down by the
Court of Aldermen. Our salaries are low, in con-
sideration of our being paid for the summonses and
warrants which we get to serve. Very often the
distress-warrants, for which we only get 55., give us
a deal of trouble, especially from the Quakers, who
resist for the sake of conscience. We have all the
troublesome things, by which we sometimes get no
more than Is. a piece, whilst those warrants, which
might be worth 5/. or 101. to us, are given to others.
The LORD MAYOR—Worth five or ten pounds to
you! What do you mean ? Brand—l mean war-
rants to apprehend people for felony, or what not,
when we have to go into the country, and are paid
our expences.
Tl,e LORD 'MAYOR—I shall certainly inquire into
this system. It is most grievous that the public
should be so taxed in obtaining justice, and that in-
dividuals who have been wronged, or who have lost
property, should be compelled by any system to lose
more in older to obtain redress. Prosecutors ought
not to be exposed as a property for fees to officers.
Brand declared that for himself he was really die-
po;ed to give his Lordship all the information and
assistance towards his proposed inquiry.