The Sun.
London, England, 1818-07-20 00:00:00

tAw INTELL-mtNtt.

"COURT OF CHANCERY, July IS.

MRS. TAYLOR V. LORI) STEWART.

Sir S. ROMILLY said, he bad to trouble his
Lordship once more with the case of Tempest and
Ord. He was afraid that Mr. Horne was wrong
in supposing that the Master was directed by the
order of the Court to proceed the in diem. lie
thought no such order had. been made relative to
the settlement.

The Loan CHANCELLOR said., the proceedings
in the Master's Office were to be in' the ordinary
way. If the House of Lords shoUld reverse'his
judgment, and refuse to sanction the marriage,
there would be an end of the question ; but if the
House of Lords did not reverse his judgment, it
would he necessary to secure to the lady the be-
nefit.of the order be had already pronounced, and
which might be affected by a variety of circum-
stances ; for instance, the proposals of Lord
Stewart might be disappointed. by the deaths of
certain persons in the interval previous to the
iimate decision of the House of Lords. There
might be a material difference as to the proposals
in. the event of the death of Lord Londonderry
and-Lord Castlereagh. Ile thought the- Master
ought to proceed upon the order as it now stood,
in the ordinary way.
Sir S. ItozaiLLY conceived, that certainly no
such application had been made, as to request a
direction hour the Court to the Master to proceed
die in diem.

LoRD CHANCELLOR—CertainIy Hot ;- but I
think you li'ad as well agree for the Master to go
on with the-settlement, without prejudice, in the
usual way ; . but if, I.llr. Horne, you wish an
order fur him to proceed die in diem, you must
give notice to the other side that such is your in-
tention.

Mr. noese—That, my Lnrd, was.part of the
petitiOn ptesented 'to your Lordship.
Sir S. Romtt.LY-It was, certainly, but the
question is, did the Lord Chancellor make an
Order to that effect ? lam sure he did not.

- 'llle LORD CHANCFAAOK—Nc, I Ceitainly did
no such thing, and the idea must have originated
in a mistake of what I meant.

•Mr.HORNE—I thought Our Lordship bad made
this Order to the Master to proceed die in diem.
I thought so when 1 spoke yesterday on the case.
The LORD CHANCELLOR---. 1 think you had bet-
ter, both of you, ,look into the petition, and if
you chose you tuEly ,menl ion it to me On Monday.
Sir S. ROMILLY—Very well, my Lord, then we
shall
,understand that the metits of the petition
come on before your Lordship on Monday morn-
._

ing.
The LORD CHANCELLOR—Yes, on this one
point only that, I think, is all I can hear. Let
then the question be heard on this ground on
Monday.

Ex-parte CRAWLEY, in the matter of CR kWLEY.

, This 'morning the LORD CHANCELLOR said, he had read
over all the papers in
.1 he case, and he owned it was much
More'ditticuit than he apprehended. In the account given of
the case of Francis Jenks, the London Liveryman, by Justice
Illaclistone,•he did not think that Judge had acted with his
usual accuracy, for: Lord Nottingham, the Lord Chancellor
at that time, had given a different account of it altogether.
The statute of theiltith of Charles the First gave the Chan-
cellor the- p:,wer. of discharging by the COMIIIOtI Law, and
Lord Hale It.d been of that opinion. When the jurisdiction
was extended to the Common Pleas, it gave them only a very
poWer, though they had since increased it very
much. Jenks was ,arrested on a turbulent speech at
Guildhall, on Midsummer-day, 1G713, and committed to the
Gatehouse in 'Westminster, by the King in Council, from
'which he was at last delivered by the order of the Lord
Chancellor and the Lord Chief •Justice Raynsford : who
admitted him to liberty, vm Itis finding proper securities
for his appearance on the first day of Term. Into the facts of
that case he declined going at any length, for on Monday he
should certainly decide, it and comment then very largely on
them. He, however, could not but highly applaud the
happy issue of the Habeas CiirpitS Act, which had re-
sulted solely from that case of Jenks ;,•but he. taut say,
it ought not to. be rashly quoted as it precedent ; for
to make it apply, it was necessary to look to its com-
mencement, its continuation, and its final end. The
writ of Habeas Corpus was most valuable; and a Judge
'should always act cautiously, When he either granted or fC•
fused the writ. To Say more present would he useless, as
on Monday he should state his
.grounds of judgment : but at
this moment he must say, lie felt he had the power of issuing
a writ, whether in Term or not : for, as Chancellor, he was
bound to sit every day, when called for, and knew no vaca-
tion. The Courts of Law had Terms, but the Courts of
Equity had none. Judgment postponed till Monday.