Star.
London, England, 1802-07-20 00:00:00

LINTS WRITTEN NY TNT. LATE EMS TEMPLE A SNORT TIME

BEFORE DER DECEASE, AND FOUND AMONG DER EAPEAS.

To my Pencil—.
To all but thee, mute Friend, I bid adieus
From glitiring duals I fly, long tempeit tat,
Thy tye the laft, as fiat nay bofom knew,
Now doubly binds fince ev'ry other's loft.
Uy thee, the tinid wing of Genius taught,
yet tit.: lifping tongue could mind exprcfs ;
weeping hail that proud relay.: of thought,
Which turns from common joys as valucltts.
In Love a Bararupt, and of Friends berth,
Let me not fpurn the good I've tingly left ;
In pride of woe, from it I fometimes (tart,
Sufpecting aU (brinks back the poifon'd heart.
Teach that wreck'd heart what has been to forget,
To Nth the flat which pales when Hope has fet,
the drear vifta points a quiv'ring ray
'l'o guide the wretch who views no more the day.

In deep opaqucs arife the days that •rr,
While each bright tint muff. record forms that were;
There, thro' my gloom, will lunar !miles dire t,
Nor fink in fr.ow•drifts of a cold nrgleet.

Here gaze—nnr deep fuffulion dye my cheek,
To meet th.k looks, love's ardent fires belpeak—..
Ana as Bi.logidan (tones pat light ret. in,
From Fate's black night my brulh thaU twiiight gain.

immortal marl; ripti ! Js may laugh at Graves.—
Bloom Rae! the mind's edlecctinn thaws death's boar,
Front veiling mitts the eyes proud radiance
And Fancy ! wake that voice which thrills no more.

111,Inctic pow'r! which break% this gloom of night,
(A Gre•nland night) that shroud, my foul i.i orsse.
Welcome as tkef,:, the hilt taint :lieu of light,
Which intfl.xtive dawns ocr W.ntd of Snow!
Briftol, 1802.

••• In the fnregoing Lines we meet with tome obfeurity, but
they bear ftriking minis of a pow.trful mind, and thole melan-
choly totieh:s that are charaelerittie often of the molt elevated
AutLor was very young.

LAIV INTELLIGENCE.

COURT OF CHANCERY, JULY 19.
OF JONN KING.

The circa:mita:ice of the arrea of Mr. John
Kin,g, on };is return from Guildhall, where he had
been attending ta,,;.n the conmulTion of bankruptcy
iiftted ..tgaitici the ful•potitiott4 Baronet, Lathropp
Murray, producal an application to the Court of
Chancery, fo, the purpofe of obtaining Mr. King's
difchargt, and puniliting the Attorney who had
proccfs, and the Officers who had exe-
cuted it.

On Thurfdav la( the officers, whole names were
Gan itt and Oiborne, appeared in Court to anfwer
the complaint made again(' them.
Mr. MAW: I.IIiLD limed, from the affidavit of Mr.
King, that the arrefi was made while he was at•
t:nding at Guildhall, in obedience to the Commit.-
(loners fummons ; and that the Officers fent for
him out, in order to make their caption.
The Officers juitified themtelves under the in-
demnity of Mr. Blacktlock, the Attorney, who
had tired out the %%lit.

The LORD CHANCELLOR ordered the matter to
(land over till this day, when all parties, by their
Connfel, were ordered to appear before him.
It appeared from the affidavits of the Officers
that they had received their inftrudions from Mr.
Blackflock ; that they happened to be attending
at the Hu:ling% on the City Elettion, when Mr.
Black(lock's Clerk came up to them, and Paid he
wished one of them to execute a warrant. Garritt
replied, he could not leave the Hollings,. upon
which Mr. Black'lock's Clerk obferved, that he
might have the name of Olborne, who was alfo on
the Hollings near him, inferted in the warrant.—
lie added, that the perfon to be arrelted was Mr.
John King, who was attending a commiflion of
bankruptcy ; that perhaps he would thew a paper,
pretending it was a protedion, but the Officers
were neverthelefs to arrelt him, and Mr. Black-
flock would indemnify them. They got the war-
rant, and waited near an hour before they saw the
Defendant. Mr. King at length came out, and as
he was proceeding down the Steps of Guildhall,
he held up a fcroll of paper, and exclaimed aloud,
" Take notice, lam going Trait." As a number of
perfons of his acquaintance were near him, the
Officers were apprehenfive of a refcue, they there-
fore followed him as far as Lawrence•lane, and
there arrefted him. Mr. King infilled on returning
to Guildhall. The Officers went with him to the
Commiftioners, who declined interfering in the
bufinels of the Sheriff. They raid the Defendant
attended upon their fummons, and the Officers
would ad at their peril.
' The Officers denied having fent in for Mr. King,
as he had untruly fuggelted in his affidavit.
Mr. RICHARDS addreffed the Court on behalf of
Mr. Blackltock, the Attorney, whole affidavit Elat-
ed, that he had not the leafs intention of ailing in
contempt of the authotity of the Chancellor or his
Comniiiiioners ; that what he had done had been
upon the spur of the moment, and without know-
ing that Mr. King was Summoned by theCommif-
(inners ; that he had been mifled by the cafe of
Kii:der and Williams, in Fourth Term Reports ;
that he had reafon to believe Mr. King had for
lonic time previous carried a lubpcena in his pocket
to protett him from arrest, and that if he was ar-
ret;ed, an attempt would be made to refcue him.
The Learned CounlA l: id his Client was a young
man of extreme good cineraaer ; that lie had evi•
dently afled under a wrong impretiinn, and was
much concerned at the error he had committed.
The cafe of Kinder and Williams, alluded to, is
rep.,rted in .t very obleure and slovenly manner,
and mi;lit well mislead even the most experienced
Lawyer.

Mr. Picor maintained that Mr. Black'ock had
abfolved himfelf from 1111 intention to defeat the
law. His undertaking to indemnify the Officers
was only to he re4r, -.1 .4, a -

flantly in his pocket. It was intended to pur the
01ricer on.his guard againit any attempt on the
part of Mr. King to evade the operation of ihe
law. Mr. Blackflock was a young man juli en-
tering into bulinth, and, confcious he had not
committed the wilful error imputed to him by
Mr. King, was ready to fubmit to whatever his
Lordthip Ihould think neccff.fry to the jultice of
the cafe.

Mr. BELL extenuated the error in judgment,
on the part of the Attorney. He confidered it of
too venial a nature to call for that feverity of pti-
nifhment demanded by John King ; it uas not Elk
cafe of a perfon who had wilfully and deliberately
acted wrong.
Mr. MANSFIELD admitted that Mr. Blackftock
was a Gentleman of charaCter, but his affidavit,
if it could be attended to, placed the jullice of the
country in a fituation truly dangerous. In the hell
place, it would be attended with confequences of
the moll ferious nature, if a Sheriff's Officer, who
experienced a difficulty in :melting a man, in con-
fequence of fome proteCtion he might have, was
to be encouraged by an a ffitrancc of indemnity, to
violate what the law fanetioned. It ought to be
known that an Attortiey, though he might indem-
nify a fubordinate Officer againft the pecuniary
confequences of an illegal act, could nut indem-
nify him againft imprifonment. Mr. Blackitock,
intlead of emboldening the Officer to ditObey the
law, would have don: well to have told him if
Mr. King intifted on any proteCtion, to have in-
quired into the validity and legitimacy of it ; but
it appeared that without any fue.a enquiry the Of-
ficers had arrette,' Yl7. King, and that Mr. Black-
(trick had agreed, right or wrong, to indemnify
them. His Lordlhip mull be fentible what would
become of tke Courts of Juftice, if fuck a pro-
ceeding as this was, could be tolerated with im-
punity.

LORD CIiAtiCELLOR (Eldon)—" What remains
to be done, is between the Court and the pArtics.
Mr. King has nothing to do with it. It teemed to
me, I own, when I heard the affidavit Stated
with reference to the Officers, and found that 11
much of it related to what Mr. Blackftock lt. d
laid and done, that I Should not have acted right
if I had looked only to the cafe of the °dicer, ,
without adverting to that of the Attorney, who
appeared as the Minifter of the Court, giving di-
maims to a fithordinate Minifter to violate that
law ix was his duty to fupport. I was the lets
willing to have animadverted upon the conduct f
that Gentleman, becanlC I knew he was' reiped-
able man, and I ffiould have been fotry if it had
turned out to have been more reprehenfible than it
certainly is. To lay the leaft of it, it is rash, thou:oi
it is" impollible, under all the circumtianees, t,,
confider it as contemptuous to the Court. It ap-
pears to me to Rand thus, on Mr. Blackftock's
affidavit :—that he took the care in the Fourth
Term Report (which clearly he does not Teem to
have uncle: Rood) to be law. He fuppoles that
my Lord KENYON, by that decifion, authotifed
perfon to be arrelted under the circumilances of
this cafe. It is Rated by Mr. Blackllock, that he
did not conceive Mr. King was attending under a
fummons from the Commiffioners, but merely as'
an ordinary creditor to prove his debt. I Should
paufe a great while before I would fay that a
perfon attending at Guildhall, or any other place,'
to prove a debt under a Bankruptcy, was not pro.
tested from arreß, and for this reafon it is the only
mode in which he can Inc. If a man is attending
a Court of Juttice to prolecute a claim, he is pro
teded from anal (undo, morando, & redcundo, con-
fequently if the law, as in the cafe of Bankruptcy,
compels a man to one particular mode of enforcing
his demand, it Should teem that he is entitled to
the fame degree of perfonal protedion, as if pro-
fecuting his fuit in any of the Courts of Common
Law. It is not neceffitry, however, to ail-cuts this
qualm. It is enough to fay, that it is involved
in fufficient doubt and obfcurity to prevent any
Gentleman being charged with a contempt of
Court for adopting his own conftrukction of it. I
agree with Mr. MANSFIELD, that it is improper in
the full extent of the Term, for any Attorney to
prefutne to indemnify an Officer for acting contrary
to what the law will juftify. I with it to be very
diffindly underftood, and particularly by the Of-
ficers of the Sheriffs, if any are here, that how--
ever an Attorney may indemnify them from the
pecuniary confequences of a breach of their duty,
the law mutt be upheld by that mode of punifh-
ment, from the effect of which no man can in-
demnify another. The punifhnsent I mean is im-
prifonment, which, in the cafe of wilful delin-
quency, mug ever be fevere. Upon this occalion
I have looked through the affidavit of the Officers,
and I confefs it does not kern to me they have
been acting in contempt of the Court. It is a
good deal in their favour they had the authority
of Mr. Blackftock. I have no doubt, upon prin-
ciples of law and reafon, as well as upon the
enadment of the Stattite, that perfons attending a
Commiffion of Bankruptcy, as well as thole who
are fummoned by the Commiffioners, are protect-
ed from arreft ; yet when I advert to what Lord
KENYON is fuppofed to have laid, in the cafe of
Kinder v. Williams, there is, I confefs, fufficient
to create a doubt; though fuppofing the language
imputed to him in the report to be accurate, the
dodrine is certainly new. Under theft circum-
{lances, therefore, and having it explicitly under-
flood, that filch a thing as this mutt never happen
again, I difm;fs the parties. I however think it
right Mr. Blackflock Should pay all the coils. I
with for the lake of that Gentleman to (late, that
he goes out of this Court with as unblemilhed a
charader as he came in.

COURT OF KING'S BENCH, JULY r 3.

SIR F. EDEN, BART. V. !HANSEL AND ANOTHFR.

Mr. GAAROW f yid, that this was an anion of
Troyer, vgaititt the Defendants, for taking and
converting to their own MC, lix flyer fpoons, the
property of the Plaintiff, S:r Frederick Eden, Bart.
for whom, he laid, he had the honour of Eking
Coutifcl.

The Honourable Baronet brought this action
merely to try a queflion of law•, and the Jury would

Hampton Curt, but from his good and gracio'j,
pleafure, permitted les.,:ral.r..if
orcnpy apartment► in this 1'.711.:, at.,; a ounde.7
of honourable dicers of the Palace occupied th,ni
accot dingly.

The fijendants, who were parifh officers, rated
thefe apartments thus occupicd by his Mak: s
gracious permiffion, and ton.: they iro,ns, vcll:4
were the property of Sir F. Fden, by way t:t.
trefs, in order that this :!Ction lhould be lo,,itzlit h.
that lion. Baronet for the purp;;fe ta!:iag
opinion of the Court upon tiripieftion of—whct:Jcr
Elide apartments were or were not ? For
the facility of the difithrlim of tl.t-; the
parties had come to tit.: admiffioa of certrio lafk.
which, imFed, contain the whole of thi and
which the Jary would hear read by the officer of
the Court. He underltood that hi, Learned
Friend, who was of Conflict I,A. the Dderdant,,
wilhed to add to thefe aJtoill'huts fothe taels, which
he (tmid refill, becaule they were not legal
dente in this caufe. The true objea of the parties
live was, to have the Etas timad Sy the Jury up-
on thefe adm;ffions, for the purpoce of making
this a foecial call", with leave to turn it into a
Special Verdia, if either the parties Ihould defire
it, or the Court think it proper hereafter.
The Admittlons were thefe:

That the Plaintiff's aition NV S w:11 hrougist
againa the Tic.e.adatits, who w-re of
the patifh, without joining the stilt> if-
fued the wart Ant of diarels.

That the llelcnuant, flisi.ed the gods in quer-
tion for the payment of 21. rate(' upon the
tiff for the occupation of hi, apartment., at ;he
Palace of Hampton Court, wlktre itc rcildes dur-
ing his Majtfly's pl,:afure.
That the ircliii,ent made urn the Plaintiff.
was made and allowed as by law, agaiia
the inhabitant, uf the pardh, &c.
That no will be nia..k to any witne.!s
on account oi either Liag p4l i;hioncrs I f 1-iar,,p-
ton, or of occupying apartments within the Palace,
or its precincts

Mr, ERSKINE laid, it app, ared to him, that as
this was a cafe neon admitlions, and the glltsitir,ll
was to be put upon the Record, tither as a frelal
cafe, or in a more folemn way, by Inecial
it would not anfwer the pin-pole of deciding the
real queltion, which it was the .objet to have de-
cided by the Court. The lion. Barm.et, who st as
the owner of the property in gliedion, hid permit-
ted his name to be bram7ht into Court, in this cae,
for the purpose of deciding a point uprn which
there was a difference of o;.inion between the oni-
cers of the parish, and thole wlio occupied apart-
ments within the Palace, and the qiiedion was,
whether thefe apartments, thus occupied, were or
were net rateable ?—and for the purpofe of agitrt-
ing this queflion the Hon. Baronet had permitted
his name to be made ufe of in this a,ftion as a plant-
tiff. The truth of the matter was this—llere was
a difference of opiiii• in between the church-wardens
and overfeers of the poor reprefenting the parish,
and the feveral occupiers of the apt talents in-this
Palace ;. but by the evidence upon theL admiflions,
the cafe would kttle only the particular cafe of Sir
F. Eden.

Lord ELLENBOROLIG 14 faid, it would fettle the
care of Sir Frederick Eden, and all other cafes of
the fame defcription.
Mr. EMU% E laid, that the parties, in bringing
this cafe before the Court, had come to an amica-
ble arrangement ; but the matter, as it llo:sf, was
defective. Cols to the }Lm. Baronet could be no
objea in a cafe like this. There were other cafe,
which it was defirahle to have fettled. Cafes of
others who had apartments in this palace. Si.-
Frederick Eden appeared by .this Care to have
apartments in this palace, which he occupied by
his Majeay's pleafure and permillion ; and this
might be called a tenantcy during the Royal
pleafure.

Lord ELLEN BOROUGH rlid, that perhaps, uport
this (latement, there was no terantcy at nil.
Mr. ERSKTNE propofed, thia fome farther Las
Ihould be infertcd into the cafe. lie could }move,
in point of la6l, that there were rrUnts who held
fome of thefe apartments in the palrce, who had
been regularly rated, by virtue of their offices,
Inch as gardeners and other feryants, &c. who held
them in virtue of their offices, &c. and that they
had paid fuch rates. He wanted tilde fats to be
introduced into the cafe.

Mr. GARROW laid, he held in his hand that
which was his Majefty's permidion, ligned by ;he
Lord Chamberlain, my Lord Salitbury, by whic!,,
he laid, none were permitted t. occupy thte
apartments, or to he confidercd in the p.ifelii•in
of them, in their abfence, who did not leave their
fervants there ; fo that their residence was per-
fonal, depending upon his Majefiy's pleafure,
therefore no fixed residence which could he devi.ed
rateable; and, therefore, he could not affeot to
haviag that which Mr. Erskine ptupofed to be
found in the cafe.

Lord ELLEN BOROUGH faid, that this was a air.
trefs on t:tele goods of the pl i a.m... as an occnpier
of premi:es, it being contended, that bring the,e
only during the plealure of the Crown, he w.:s no
filch occupier. The cafe would try all that elat's
of cafes that were like it, but not any other ca!e,
and it was an impottant quettion to hare deter-
mined ; for it applied to the caks of many 1::•r1;a:-
in other palaces, fuch as at Kenftngton, and I.:T-
it:fps to other places. It was clear that the
p t:ace was not rateable a: all, as his Maj.:li f's
own refidence, but whether 11,tue occupatit,t!s,
within fuch refidence, may or may not he rateable,
was a queftion which was in fome m,:afute
and ought to be decided.
A vcrdit was then fotnui for th.:plairititrfor rd.
fnbje& to the orini,-,n of the Court upoa a cafe to
be !land ; catif, is to be tinned ioto
cial VerdiEt, iC the Ulm 111311 think tit, cr the
parties than delre it.

JULY 15.
THE IEiNG V. SOLOMONS AND ANOTHER.

Mr. GARROW (Aid, this was a prolecution by Pt
Lady againll her Hufband and her Son, and ft, m
the relation in which the parties flood, it uas
at'revi the Tury flaotild fin(' the Defend %Tit hr