Star.
London, England, 1805-08-08 00:00:00

LAW iNrELLIGSKCE.

COURT OF CHANCERY, AUGUST 5.
st.owsa v. JAMES.
The Plaintiff enlisted as a foldier in the artillery.]
and left a copyliold dime, which this bill fought to
recover, in the paffeffion of G urge Williams. In
March, t 7 tts, this perfon wanting money, borrowed
upon this ellate the rum of 3501. as if it were his own '
Tiroperty. 'he D.:rend:tot lent the money, took the
fecnrity, and a redemption bond was executed. In
March, 17/38; 'George Williams bill occupied the
rewires, and parting himrelf off as the propietur,
fold them to the Defendant for 4031. IVlien the
Plai returned from his military engagement, be
was a !tithed In find this purchafer' Edward James,
nuli
in the Afetli in of the efiate, and filed the prefent
bill to obtain tedrefs.
The ATTOSNEY Gilittat, for 41.. Defendant,
pleaded the equitable bar of his hcin purchafer,
without noticeof the mortgage. -.Defendant
bad esecitted a bond, on the adva '.of the fit ll
3501. to fain:neer the ellate on the te-payment of
that money. Afterwards, he had paid the confide.
ration, whic was the full value of the eflate .—and be
trolled his riffhiuerittld not ever-onle the plea.
• Mr. Roth t.r, t'` to le Plaintiff, explained that the
culiarn Of th was to enter as a (*mender,
aid then to gi • ?eparate bond of redemption.—
He raid, th II in a plea for a valuable confidential,
without notice, it was rffential that the Defendant
64112141 Rate thesparticulars of the confederation, ands
that he flaould aver he bad no filch notice. The
party mutt Aare the confideration. not with uncer-
tainty, but with precilion. Lord Redefdale, in his
lanolc,ohkrud, p 215. " Such a plea mutt aver the
pectin whin conveyed a mortgage was feifed in fee, or
pretended to be in Idled, and was in poffeffion of the
conveyance. Inormil aver the confidential and the
a&ttal payment." liis Lordthip refers to the 3d At-
kins, 814, where the objeflion taken by Lord Hard.
wicke was, that the conlideration was not dillinft and
feparate ; and the plea did nut aver the fame was
really and bona fuse paid. Another oblation was,
that a pall of the contiaeratitni was, turrenskring
• hack the mortgaged pi entifes„ and the Defendant
d:tl n-t fay he at that time had not nntice.
The LOiII.CHANCW.IIk raid—•' The deft l np..
co the plea is, that y,,u c.iiiii,.l, opoti the matter
averred, fay, what (urn , 1 timney Was p tid for the
trinity of redemption. Li. a tole in pleading. that
'hen )ou mean I' cover a Itrtje.9, you mutt fay what
yam paid for that fobjes!f. • In this cafe, the fira was
a mortgage,' the lecottsf was a purchatire and upon
that the artanglment was, that you isvere to give
hick part of the prentif.:s I and the foto yon were to
~:,ive, was the 01'i:settee be:weto the principal 411 5501.
and the intetell due twos it, aryl 4001. The "Wilms
• is. if the firfl being a tranfaaion of mortgage.* and
the fecond of putatafe, whether the (um yonifo gave
for the pore:tat .aiposititcdAo ftspence. You aver
)au paid 40014 allijithe silltft irifing upon the plea
is, if you ars tit gAt kwhitt you gave upon the whole
kln? nint*SP* iitsirit.ponchnfe. or whether you are
1 kind to ttato d.aliu.:l_ ly v.b.it recite tuns yi.o gave

The Amman, GlataaL.-1, There, I hope, are
cam-, any Lord, which may be amended."
Mr. R0mmay...«..4 We lhill reply to the plea, there
6 nn doubt."
The LORD ChaanciLt.na." Then let it (land r
an antwer."
Clik /ALM DI °ARCED V. It ENID LORD F•UCONBERG

Val °THUS.
We Rated, yeflerday, the introdnaory argument
In dsis mak, on the exceptions to the Mailer's re-
port. The Nether hiaring occupied nearly five hours
of the time of the Court this morning.
Mt. Pttoor, Mr. Serjearst PALIISR, and Mr.
HALL, addrelfed the Court on behalf of theJegatees.
the Superiors, and the Superioreins of the feveral
ecclefiaffical orders we have noticed. There were
only two coaellions in the caufe, ell, Whether the
legatees were fufficiently identified ? idly, If they
could take udder the will ? The cafe of the Arch
hilltop of Canterbury, 2 Coke, 48. tended to thew,
that Members of Ecclefiaftical Corporations, under
diftinaions peculiar to thole corporations, could take
under a will. It was abford to cite as an authority
at this day, the vows .of poverty of St. Benedia,
anno domini 480, they could have no reference to the
Rate of fociety iu agog. •In the cafe of the King v.
Lady Pat-dogtrt, t Salk. 16z, Anne Barlow devil-
ed, for the good of her foul, the date which was not
her's, but belonged to Goo and his Saints, and the
Court there held, that the Monk might prochafe.—
The cafe of Sir Wm. Hamilton was argued by Lord
Hardwicke, by Sir Phillip Yorke,- and Sir Robert
Raymond. The fats were, that Sir Laurence
Ha-
milton went to Douay, and there became a Monk.
Sir William, his fon, took potreffion of the eflate,
which was forfeited on his becoming a rebel. Sir
Laurence afterwards repented of -his vows, rem:li-
ed, took the facrament, and obtained a re-potieflion
of his elate,,. He was not barred on account of,
having been a Monk profeffed. To the fame purport
was cited Swinburne 366. Digeft, book 34, (cairns
so. Codex b. 48. t. The 01.jza of our Protettant
policy was, to prevent Catholic worthip there Ira.
ternities and fiiterhoods were not compofed of per-
fons who made profelytes by popular harangues, they
fecluded themfelves from fociety to devote themfelves
to GOD. The flatnte elf the 34ft and 32d Hen.VIII.
flopped all the fmaller ecclefiallictl eltablithmentsuf, ,
their property, becaufe in the Royal language, the
members were unthryi; &der:, but the rights and pri-
vileges of the members were not abrogated. They
were long fobfeiprently recognized, and protected in
the Catholic worthip, under liatutes palled in the
times of the Eirft and Second George. In Coke's
Littleton, 131, the King made a Monk of his far
mer, and it was held that- he could have property
and the right of recovery. The fame &Chine was
maintained in the celebrated Cale ref the Monks of
La Trappe. The brothers of that inftitutioir accom-
modated themfelves to the difciplioe of St. Barnard.
They ate neither meat nor flub ; they lived upon ve-
getables; they abflained from all commerce with the
world, and performed all the rives of hofpitality, and
c_fpecially to Englifh travellers. On the is hof
May, 1792, this religious older was fllppelfed in
France, and fought refuge in Switzerland. There
they continued until the troops of the Republic in
traded the couSnes of Moult Jura, when they emi-
grated to England, and fettled in Denfetfhile. A
legacy was left to Auguttin L'Eflrange, the Abtort
of that fociety, which Lord Alvanley was of opi-
nion was capable of taking effect. The orders were
ellablitheri, and they were incapable of being deroy-
ed, but by the authority by which they were found-
ed. That authority .was the Pope, and every Court
in Europe folicitcd the ditfolution of the kluits of
the See of Rome. The queltion was no', if the Ab
trots and Abbeffes could devife property, bur whether
they uould take it for their non pe,frinal convenience
and benefit. 4. You have (laid Mr. Hall) the Maf
ter's report in favour of the legatees; you have liv-
ing witnciles; acquainted with the cuftoms and repu-
la sof their order, del:ailing in fAVIIU: of that re-
port ; you have, my Lord, much more, you have
Moles and the Prophets ; you have CHRIST and hi,
Apottles; and if you do not believe, neither will
you, though one lhould rile from the dead.' The
members of circle initirutions we'e now thrown on the
humanity of all nations ; the Learned Counfel on the
other fide fay, that they are in a condition of civil
death ; natural death moil he a confequence as inevit-
able, if they are deprived of thefe donations."
Mr. Romoa.v, in fupport of the exceptions, laid,
that it was high time to recut his Lor dfhip's attention
tr the true queltion in the cattle, which was, if, at
the time of lilt death of the tettatrix Anne Fairfax,
there were Inch orders as were dillingiriflod in the
will, a a whether the inetvidoals of which they con;
fitted cauld take legacies for their own benefit? The
affidavits produced on the other tide were from per-
fans wholly incompetent to decide this queltion, de-
pending on a profound knowledge of the laws of
France. There de., ft io art ere from clergymen and
females, and they were met by the erudition of expe-
rienced dignitaries of the law. It was exaaly the
fame as if the affi lavits of half a dozen curates and
the women of their congregation, on the intricacies
of Brain' jurifprudence, were oppofed to his Lord-
(hip and the learned Judges of the land. One of
the authorities, a Judge of the Parliament of Paris,
Monfieur de Foot neaux, had not been treated with
the refire& he deferved. Among the members of
that body had been found the moll enlightened indi-
viduals, who were the great ornament of the age
and country in which they appeared. They wore
the goon of ofrice, not for the petty emoluments
which at the Englifh bar were to be acquired, but
to confer honour on the infiitution to which they be-
longed, and to conned their own reputation with the
ptogrels of joridical philofophy, and with the ad-
vancement of the glory anti happinefs of mankind.
The Learned Counfel took a comprehthfive view
of the various relations of the fubjea, and of its con-
nexion with our leg.il and political maxims. He
detailed at confiderable length the hittory of the
ender of Jeltrito which were eftabliffied in France un-
der Lewes XV. and fubfequentl exterminated un-
der the mandate of Pope Clement. He infilled that
there were no filch communities in England as were
Hated to exalt in the report Of the Molter, and if an
fuch focieties remained, no Superiorseilld belong to
them, and the property in queltion revert to
the refiduat y legatee, for who*, he appeared.
The Lotto Cosucseana.--o The queßiou is, if
the decree of the National Affembly applies to wo-
men at all? Another is, it, when a nun is dellroyed

as to her canonical charamer, whether the be after
wards any thing more than a woman? I hate no in-
tOrntation before me what is the precife
between regulars and lantana, and the decree of the
government of France for the time being, with rc
Ire& to the male=, is (*tippled to operate in producing
the conveiii.tn tiom the• one to the other. Let it
stand over till Thurfday mot fling."

POLIGE,

Bow-STREET.—OiI the night of the 26th ult. be-
tween nine and ten o'clock, when the fervant girl of
Mrs. Knight, who reticles in a lone honk at Stone,
near Daitford, in Rent, went into the garden to shut
the Kitchen window Bunters, the oriel ved four men
in the garden, apparently difguifed, coming towards
the honk : fulpeaing them to be robbers, the battens
'
ed to get into the houfe again, to !hut the door
but they were too quick for her, rufhed into the
k tchen, and threatened, if the made any alarm,
they would blow her brains out ;-one cf them re-
retained with her, and the other three went into the
parlour to Mts. Knight, when they, with the moll
horrid threats, demanded her keys, and to tell where
her money was, which the reluctantly complied with.
One of the villains remained with her, and the two
wirers went in purliiit of the property ; in fearching
the different rooms, they went into a bed room, whet c
an aged gentleman, who lodges will Mrs. Knight,
was in bed, and afleep, On their appearing at his
bed fide, he awoke in filch a flight, that lie knocked
the candle and pillol out of one erf their hands. They
went down ltairs to get the candle lighted, and made
the fervent girl return aith them, to thew them whet e
the property of her miltrefs and the old gentleman
was. They found upwards of tool. in calls and notes
belonging to each of them, betides item' articles
of Giver plate, of crntiderahle value, and three
watches, with wt. ieb tl-ey made their efeape. Lalt
Sunday evening, a man. employed as a labourer at the
poackr mials, at Daittind, went to the Punch Bowl
puhlic bottle. is Dartford, and, after lilting there for
a contider.il le time, he told the landlady, Mrs. Bailey,
he was extremely 'mealy in his mind, In much to
that he could neither get rest in his mind night or
day. She anted him the caufe, when he replied he
was one of the men who r ebbed Mrs. Knight, on the
26th ult. and that he withed to furrender himfelf in
to the hands of jullice, as lie fhould not be eafy till
that was the cafe. Mrs. Bailey, in confequence, fent
to a refpeCtable neig:;bour, Mr. Kit k, an auaioneer,
who defired the marlin come to his beide, which he
complied with ; and when he got there, he perfifted
in the fami (tory, and laid Mr. Kirk might as well
take him into coflody as any body elle. Mr. Kirk,
in confequence, fent and informed the parties. On
their feeing the man, none of them had the kali re-
, collettion of his perfon, but he endeavoured to refreth
tire memory of the fervant, by telling her he was the
man who remained with her, and while they were
by themfelves he kiffesl and hugged her. On his
mentioning this circrindiance, the girl Paid the had
no doubt hut he n.ult have been concerned with the
r ibbers, as fire acknowledged the man who remained
with her had killed her, but the had never mentioned
thar eircumliance to her milkers, or any other perfon.
On Triefday evening he underwent an examination
before THOMAS ROBINSON' EN. when lie denied be-
ing concerned in the robbery. He allowed it raignt
be poffible that he had Laid what the witneffes repre
tented him to have laid on Sunday evening at Dart-
ford, but laid he had beets affliCted with a. revere
b. ain fever, and he was frequently deranged. in his,
mind, and did not kaoe' is hat he Uhl. The Magils
trate, however, tinder all the circumttances, thought
it right to commit him for
HATTON GAROVN.—Ye(lerday Martha Luke was
charged before the fitting Magiftrate, w ith dealing
Henry Watts, an infant feventeen months old, arid
ftripping it of its claatlon The mother of the child
on Saturday morning fent it in cafe of two of her
children, one eight and the other six years old, to
pl:4 in the ntiglhourlinnd : the prifoner enticed them
away item Lincoln's Innaquare into Duke-greet,
Ploorntbury, where after giving them tome cherries,
the cleared them to go arid wafh their faces at the
pump, which they did, and while they were abfent,
the carded the child off. The mother in the evening
le trot that the child was in St. Ann's Workhoule,
where the went and foiled it (tripped of mon of i s
cloaths. The pi ifener was remanded for a further
hearing, in Order to give the Mallet of the Workhoule
an opportunity of giving his evidence.
Yefterday two 1 lige bales of leathers, imported
from Ruflia in an Eria Country !hip, were fei zed on
board a collier in the river, boand to the North to
evade the dray ; no curl y of ;he lame being made at
the Cullom-home th-y bee ime tot kited, and were
therefore ordered to be taken to the Cultum-houk for
condemnation.
On ruefday a cart loaded with ri:nher and deals,
broke down in Blitekfriars-road, in conkquence of
which a boy, who was on the top, received a violent
blow from one of the deal.,. which (reamed his tkull.
It was fume time before the accident was dircovetia,
as the deals lay over: him. He war, hawever, Con.-
veyed in a gate of inferifibility to a fingeon'i, where
every affirfance was adminitlered, and afterwards re-
moved to St Thorna,'s H
Toe Hurnber .ticrrury relates the following as the
melancholy fare of WILLIAM MORTON, of titan place,'
Broker .ving leen n, Hornfea on Werinefday
fe!nnight, to fell articles of hardware, he happened
to fall in with a gang of intoxicated Bankers, in one
of the public houtes there, and the ;nice he set on his
articles being insolently itnind tank with, an alterca-
tion took place, which was terminated by one of click
barbarians Itriking him on the 11°111.16 fo violently,
that he died in confequence thereof the not day."
On Thurlday two Icemen and two women, going
in a wherry to the Little Nl:re, became, from intoxi-
cation, fo unruly, that they overfet the boat: the
men were 101 l ; the watermen faved the women.
On Monday evening as two young Gentlemen
were returning from the rowing match, by the furl
den thifting.of the fail, one of them received a vio-
lent brow on the head, by which he was precipitated
into the Thames. Front the rapidity of the current
his companion was unable to render him affillance ;
but by the exertions of kobert 'Patton, the body,
alter tome minutes fearch, was taken up and convey-
ed to the Brown Bear, and by the means direCted by
are Humane Sncicty, his life was reftored. The
young man, nest morning, returned to his diftonfo-
ts friend:.