Star.
London, England, 1804-01-25 00:00:00

PAUVICAL INTELLIONATZ

MAILS THIS DAY~Wiod EL S.
JUL. poi. eta. DUI/
Dublin I o Hambnniti o t
Wag:turd 0 a Dottenbursb 0 0

Pt.v wouru. Jay. ,3..-Came in the NOITHUMNIR-
LAND, of ya guns, from a cruise : by this (hip we
have the plcafing account of the lately of the SPAe
Tray s, of 74 guns, Capt. Manta, refpeeing which
great fears were entertained ; file was left two days
ago in Bantry Bay, all well. Alto Moose, of 38
guns, from a cruise t the went up Hamoase imme-
diately, as did alto the Loose, of 38 guns, and the
INDITATIOMILI, of gigues, to refit. Came in the
American chip Suffolk Captain HOILATIO Moods.
from Norfolk in Virginia, laden with tobacco,
flares, and cotton, for Bourdeaus : the arrived at
Falmouth in December lalt, from whence fbe fail-
ed for Bourdeaux en the firfk of January, and lay
there with a guard of foldiers on board until the
,4th following, when not being permitted to land
the cargo, or to hold say latercourfe with the Chore,
fbe went back to Falmouth: from force encouraging
circumftance, fbe proceeded again for Bourdeatiz,
and on her arrival, was put under the fame refirieion
as before, with a guard of foldiers on, board, and a
politive refufal of bring admitted into that port in
about fix hours after, the failed again for Falmouth,
but the wind forced her paa that port, and the was
obliged to put in here. The objeilion, we under-
fiend, arifes from her having touched at an Eighth
port, and though ditirefs compelled her to this ae,
it is not fufficient to remove the inveteracy spina
this country: arrived alto the IMPIRIIII3I, of 38
guns, from Lilbon ; and the RILMBLII, of i 4 guns,
from a cruise.

--
Poarimouru, -JAL se.—Arrived the Brothers,
BAIR, from Jamaica; CUMBIRLAND and CHICHIr
rel. men of war, from the WILL Indies; and the
HYDRA frigate. from a cruise.—Sailed the SYLPH
frigate, on a cruize ; and the Pm AAAAA r (loop of
war, with the ARDINT tranfport. with troops for
Gibraltar. under convoy as far as Weymouth.
Sailed the OIRRIBUI frigate, Captain HILL, to
watch the port of Cherbourg ; where is waiting for
an opportunity to put to fea, his Majefly's late fhip
Minerve. of ea. guns, with soo men on board, com•
pletely ready for a cruise. •
DIAL, Jam. Lt.—Sailed the LIDA frigate for

- .
Sheernefs.—Arrived and failed for the River the
Trebella, Ga►es, from Charlellown ; Good Intent,
Mstritte, from St. Vincent's; Alert, POKING..
from St. Lucia; Nymph, Jorissorr, from Trinidad;
Hero of tin Nile, Assam:imam ; Severn, Wasor ;
and Le Morons, Bissirr, from Tobago. with reve-
rel others from the Leeward Iflands.—Wind South.
Dom. Jae. s4.—The Richard, Caton, from
Charlefkown to London, palled here this afternoon.
and landed Mr. RICHARD Witmer and Mr. THO-
MAS HALLINOHAM, pafengers ; they had esperi.
enced very heavy gales of wind on their paTage.
The BLOODHOUND gun brig was very near 101 l nu
Saturday night lan : it being very dark, a large Chip
run on board her, and (love her upper works nearly
down to the water's edge I the is gone to Sheernefs
to repair. One of our pilot boats going of this
morning to two thi?:, to carry piluts. unfortunately
Renck on the h :r, and lofing her &erase, was
driven against tit? North Pier, and Rove: unfortu-
nately Mr. Jrrrery-, the pilot, was drowned; he
has left a ir.fc vtri children ; Mr. Poem's, the
other ri!Ft as nearly gune, but recovered by the
means rrc:tmrr•eoded by the Humane Society ; the
• ih.:7 ;.•dons in the boat were all fared. We have
nu t•:.. of the er emy's flotilla. A privateer was
fignailed firm hence today.
YARROW, re, JAN. 34.,—.Lag night arrived from
Helitsland the DIANA packet. Capt. Osumi, with
mails, but no palletigers. The Fly, of this port,
CARR tom t mater, from Sunderland to Yarmouth,
laden with coals, founder:d at fea t the crew were
picked tip, after having been 36 hours expofed to
the danger of being (wallowed up by the waves.—
This morning failed tae PEN FLOPS frigate and Gat.oo
armed !hip on a cruise. Arrived the Scot:Roe Hoop
of war and Hiss tit armed (hip. The veffelsio the
Roads are, the Hato, Admiral Russet's flag-(hip,
• ANTSI.OI'I, Sir SION BY Sierra; Derelict, Captain
Hose ; Scotia° a floop, Sm lea gun-brig. and limier.
armed Chip.—Wind S. W. fret]: breeze.
Base:tiros, JAN. 23.—One of the French lugger.
rigged privateers, which we before noticed as having
appeared in this part of the Channel, we have the fa-
tisfailion to hear, has bean recently captured by one
of our cruisers. She is commanded by a Frenchman,
of the name of S AAAAA OR, who was the commander
of the Bonaparte packet. which failed to and from
this place and Dieppe, during the late few months
cefation of hoftilities, and is well acquainted with
thi► part of the coati. S AAAAA oa had the command
of a privateer left war, and many of our trading vef•
felt and colliers in the Channel were, daring that
time, coedufted by him into the enemy', ports.

During this night of Thin fday, the wind blowing
bri&ly from *he S. W. the tide, though at neap,
flowed as high, and mere enmple.cly inundated the
Strand here, than is altogether ufnal when at full
fining. A large fa-ment of the cliff, to the Eall
of the half-61,4*d ercfeent, undermined by the wa
ter, fell in, and ,A. 45 ',slily wafted away in the conrle
of the night, leaving a charm in trirfbsid which leads
to Rottingdean thangeruls tc, pals, and iii61.:14
behold.

Lrvearoot. jar. 23.—Arrired here yellerday
evening the Ann, Moss. from Nevis; Nile, Ross,
from Demarara, and Vanguard, Bussows, from 1
Grenada; part of the fiset..--chefhire, Jonas, front
Cork ; Eliaotth, Dice, from Dublin; Marquis
Tullibardine, CLAsu c, from Waterford; and Union,
O'Nfit, from St. Michael's.

The Liverpool Packet, WAITE, from New York,
arrived at Hoylake on Saturday night, in 28 days.
Captain Hams eV, of the Ford, who arrived here
en Saturday, failed with the fleet from Tortola 3d
December, and parted on the seth hi a gale of wind,
.fince which he hit leen none of them.. Fifteen fail
from Demarara, as well as Cenral other •elfels from
different iflands for this port, are we are informed in
the fleet.—The Teflimony, Sm.', failed from this
port on the gth December laft, bound for Taiga.
mouth, and has not fince been heard of.

FROM LLOYD'. LISP.
C a ND. Jas. 14.-Psffed by the euran and Sally, far-
*pt. teem St. Michoeh ; Pwee. •••••....., from Met!lna; Sarah
and Elisabeth, 'Anton, and the Geode Stain. Willan, from Emir
den..... Sailed the Ann and Pqggy. Jones, for Dubai.
Analyze...At Falmouth. Providentia, fromliboo-At
Intel, Mary Ann, Daly, from Oporto; Hope, —. from St.
Michael'.; and Comas', from Liotarace,
Ann, Maw, from NMI Nile, Riser; and Vanguard
from Demerara-At Milford, Mama, Nichol., front 'Oporto-.
At Shields, Mary Ann, O'Bryen, from Maud...At Embden.
indultry, aiy, from Baltimore-At Copecks/en, Mary, Robert.
fon, from Londoo-tAt Madras, Cakutto, Maxwell; and Pre*
SUUTOCk, from Landes.
DISTRIBUTION OF PRIZE-MONEY.
The armed brig Lady Ann. for the ruptureof the Wslit, le maw
pany with the Favourite and Bittern, wiD be paid Rom she aft of
February twat at Great Yarmouth. every Monday.
Thais Loire, for the capture of ie Vent= Freese sou brig. will
be paid every Tuefday wad Friday for three years at Plymouth.
To the Conftenee, and the Minn and Efeart gun verde, the
dlibibation anew from the Frank privateer, captured the titic
July, del will be paid on dids arrival at Yarmouth.
The St. Alban's, far the recapture of eke Becky...ll be paid on
Monday the 6th of Fdwpary Gen, at the Crown sad Einar Loaf.
Ostikk.l6l4
feaerday a court of Pireaors was held at the
EaR India Houfe, when Cap, Rosier WAatttow
was (worn into the command of the Asia, dellined
to Madras and Bengal. The Court adjourned at
five o'clock till this day,
His MaJaßy's 114 Alps is put into Limerick with the lots of
fails and ether damage.
Die Outs grottuures. Sekenvacker, from Psteriborgh to Ants
stereos, Is 1011.

111. jam, Bed& from Seatbmaptoo to Loodoo, has btootakes
kt retake.

Tbe with cook for Lynn,ls Carried into nothing
by a French privateer.
The Yount Regales, Oso ; Etho, Peck ; end Traveller. Bart
chard, are pet into Norway.
The Vrouw Elisabeth, Krug, front limbden a Amanda/14
has paned into Ddfsyl, leaky.
The Treacle Bodeen, Tome, fern Ban& to Acalterdam, hag
P et into Eggereand greatly damaged.
The jitney Taylor, of Bridlington, Wend to London, is wreck.
al 01 the Yorkildre coon Carib' drowned.
The Bask, Winking., from Bo&on with melee and fate, le
Branded an the lee of Oahe ; past .1 the eatgo fated.
The Garde Verweehtlng, Hodder, front Ening to Embden,
&fluvial an the We of Lased, an the emit of Jutland.
The name, fromPrialfachekts to Liverpool, Is put
into Waterford lady, and weft &know part of cargo.
The Dolph* Jeknfon, front Memel ; and the William, Adsmtt
of Padibm, got on Owe ori the aid pf November, on Anhalt g
the former will be got on. "

The Dick, Rohmthe, from Landon_ fat St. Vincent% and W.
liant and Henry, Lawrence, from Yarmouth for Napka, are pot
Into Ramfgate; the former after being sun art board of In the
Downs by the lattek, stapled her lacterfprit and bead cmaimi away a
and was obliged to cut *main, and run hoe the man, (comb
valance ke a,as got of, aid proves trail.
The Sr Mahan Douglas, Shaer. (nen Savannah tor leeladen,
Catgaby a French privateer.
sdffaodersee, Dutch privateer. at ohm guns and 87 Mu. la
loft In the Nactk Seaa9 Over CrCIT are dfirest
The Two Filenda, from Barbadaes, order at r'lmwathe
failed from Train* in company with the Chichdier man of war.
and about
.to fa under cane oy, and parted treat them oa the sole
ti December; on the 3 tit Om fell in with the Berwick, Captain
Welch, bound to London, from liarbadoed and tight others WI
lengiog to the Beet; Ste teparated from thud. in a San of vrioo4
en the ad hdiant.

CIRCULAR LCTTIR /ROM TNt TICRITART Olt Imre
TO TNt LLLLLLL LORDS LISUTINARTI or COUR.

" Whitehall, Ina.
▪ Rokodeg year LoralYr an the &radon; contained ham?
Circular Letter ayes. of the gift of Odober left, for the removal.
in cafes of moargeney. or roadeftg Welds, If need be, fedi Horfea,
Draught Canis, arml Carriopro, as diall ate be weave) for the par.
poles thank mondsoad t I am to dare, that your Lardildp wll
ormidhe r away radkiwa, as lackaloti In tick diredloos, all fade
meek heats, or at* as ®all not be wonted far the like papaw,
or bad not be seined and equipped for the annoyance addle enemy,
• As I am informed by b,s Royal Hlghnefs the Cosanwoder In
Chief, that only mac light cart pm company can, on fork emu.
gcncy, be allowed to Volunteer Corps, for carr:drag their camp
kettles and nereffaries on their march, I beg leave to recommend
it to your Lordthip.to give dlrediows that one fuck mil be allotted
betare•hand to each company of Volunti era within tbe Cilantro(
and that one fads cart be always kept marked and num-
bered, as the carriage lotmdal for Ike de of that putimlar com-
pany for this ferrite.

"Mr Loan,

In eonfequenee ago of a late foggeltion from his Royal High*
Deis the Commander in Chief, I bevel/coney to recommend It to
your Lordfhip. In communication with the General commanding
the diftrie in which the couoty of included, to give dl.
melon. for snoring and marking a fulEsient number of onaggOCO
for moving the Volunteer COfce where It is not placed in the vici-
nity of the coma; and it would In found extremely ufefuLif boards,
filch at are vied for kats in market-earta could be provided and
►ept in readinefs, at the place or places of general affembly, ready
to be flung upon the waggorts,to which &cent affembly theft wag-
gong &add be held bound to repair upon the fops] of alarm being
given..-. 1 have the honour to be, my Lord, your Lorabip's molt
obedient humble fervent, • c. roues."

We underhand that all the Guards, now quartered
at Chelmsford, have received orders to march rumor
diately to Harwich.
Ball cartridges are now iltuing to the Corps of Vo-
lunteers at a confiderable ditlance from the metropo-
lis, and even counties fuppofed to be little liable to
attack, fuels as Somerfetlhire and Glouceflerrhire.
where all, we underhand, are half provided with
fire arm', and many completely fo.
The Rev. W. R. Cauecattt on Friday arrived at
Yarmouth from France, having, through the inter-
ference of Mr. Live ono., the American Knitter,
obtained pernsi(Gon from the Cam Conon. to ac-
company his brother, Mr. Jona CII VICHILL, he being
in a very ill Rate of health.
I.etters were lad week received at Lord Hosaa
Office, from Lieut. Gov. Cott:as, dated the sad of
Augna, who, in his Majefly's (hip Critcurra, had
reached the Cape of Good Hope on his•way to Port
Phillip, for which place they were to fail with the firß
fair wind, and which they hoped to reach Is fix weeks
from their failing. • The trop's company and convitla
were in good health. The Lieutenant Governor
fpeaks high!) or the very flattering manner in which
Le was rt.teiv:l at the Cape.

LAW INTBLL/GL►NCL!

COURT OF CHANCERY, JAN. 24.

LAST 4115USTA MURRAY, V. Hi! ROYAL HIGHNESS

THT DORI or Lt/SS kl, •ND OTHERS.

This Bill was filed by Lady Auguila Murray, pray-
ing, amongit ether things, that the Defendant, Mr.
Courts, might be relbained by an injunaion of the
Court, from pa) iiig to his Royal Highnefs the Duke
of Suffer, a hum of Avoca. per annum. part of an
annual penfion of 12,0001. fettled upon his Royal
Highnefs ; and which rum of +pool. had been fettled
by deed upon Lady Augußa, in confideration of
her educating and maintaining the children (he al-
ready had, or might have, by his Royal Highnefs.
It alfo Rated that Mr Coutts received the 12,c5001.
under the authority of a Power of Attorney from the
Duke of Suffer, who was at prefent at Lilbon, and
out of the jurifdiaion of the Court. Mr. Coutts ad-
suitted the Letter of Attorney, by which he was au-
thorifed to receive the money, but dated that he bad
Ito money in his hands belonging to the Duke of
duffex.

A motion was made during the fitting., before
Term. it Lincoln's Inn Hall, praying that Mr.
Coots might be ordered to retain in his hands, and
pay over to the Plaintiff this fum of 4,0001. when he
received the fame, on the ground that the deed (fated
in the bill, gave the Plaintiff, Lady Augufla Murray,
a fias upon the annual (um of 12,0c01. granted to the
Duke, to the extent of 4,0001. a year. The motion
vests refilled upon the ground that Mr. Coutts was
Merely authorized to receive this money under a
Letter of Attorney, which might be revoked at plea-
fttre by the grantor, and that he was, by law, ac.
countable to his conllituent alone, for the application
of the matey.
When this Motion was firft made, the Loa:Xmas-
letitar, after expreffing much doubt upon the cub-
direCted It to stand over;. and this day, his
laordfhip ftid that he had given every eonfideration
to the fubjed, and ecmverfed with the Mailer of the
Rolls upon it. That neither his Honour nor himfelf
ever rceolleeted a fimilar cafe, where the grantor of
the deed %vas not before the Court, arid whm, if pre-
lim, may let up many objeCtions, which might per.
))taps be fatal to the ezillence of the inilrument. His
Lordlhip faid, it was impoffible in this Rage of the
taufe to grant the injunftion as prayed, but that he
raw no objetlion to reltrain Mr. Coutts from reeeiv
ing the money at all at prefent, and if the Plaintiff
chafe to make any other motion relative to the Appli-
cation of the money, that he felt fo much difficulty
in the cafe, that he Ihould certainly hear it, affifted
sy the jUdgMents of the Mailer of the Rolls the
Isord Chief juftiee of the Common Pleas.

COURT QF EOMMON PLEAS, JAN. 24.
NEWMAN V. W f.

Mr. Serjeant Cocaext. applied for a role to Phew
CIA wby the verditt in this cafe thould not beret afide.
The &Ilion came on to be tried before Lord At.-
* and a London Special Jury of Merchants, at
Bitting, after Lift Term. The plaintiff, Capt. New.
man, was paffenger on bntrd a (hip, of which the de-
fendant was principal owner. The Captain and Pilot
of the veffel, feeling themfelves incompetent to the
UAL of carryin; it into Yarmouth, abandoned it to its
fate; and in this emergency, the paffengers and crew
folicited the plaintiff to tale upon him the manage.
19tht of the veffel. By the (kill and exertions of the
plaintiff, the (hip was accordingly brought rare into
port: The defendant was proved on the trial both
to have (pokers and written in high terms of the fel.
wicet rendered to the owners by the plaintiff. In a
letter written on that inkjet% he declared his convic-
tion that the prefervation of the veffel was attribute-
able folely to the (kill, fpirir, and diligence of the
plaintiff, and to that (kill, fpii it, and diligence, he
delivered it as his opinion the refit was indebted for
its fafcty, and that the plaintiff was entitled to a re•
muneration, at leaft to the extent of soot. The
owners, however, failed to make any compenfation
to the plaintiff, in confequence of which, he brought
an ter ion againft them for falvage, or for a compenfa.
lion for the fervices rendered by him to the velfel and
cargo. The Jury pronounced a verdia, finding that
the plaintiff had, at the folicitation of the pall...tigers
and crew, undertaken the management of the sail,
and that by his (kill and diligence the veffel had been
&felt brought into port, and awarded him vol. for
his fervices in that retpe(t.
Mr. Serjeant Cocas:A. maintained that this verdift
ought to be fet afide, on two grounds. Firft, on the
plea that no perfon WAS entitled to falvage on account
of any veffel, in which he might happen to be
paffenger, his own per lima) fafety calling on him fur
every exertion lie could make, to preferve hitnfelf, as
well as the reffel ; but, fecondly, on the idea that he
was entitled to a compenfation for any extraordinary
exertions which he might hase made, the Learned
Counsel contended, that, in the prefect cafe, excel
five clam.les had been awarded by the Jut y on that
account.
Lod At.vavt.ry recapitulated the leading fratures
of the cafe, and raid, that though a man might not
be (Welly entitled ro falvage for preferring a st(Ll in
which he WAS a palferger, it would be a dangerous
and an improper doarine to hold nut, that on that
account the exertions of Inch individual ought to go
wholly unrewarded, although called fur and lulicitcd
by his fellow paffengers.
The Jury had not in the prefent cafe found the
plAinziff entitled to f..lvage, but "merely to a compen.
4a: ,on for his (kill and indullry ; he having, at the
..el•le.1 0 thole on board, taken on hinifelf the ch 3
_ . . _

....‘r-• of Captain of the ;effcl. Had he not undo•
takes this refponlible (amnion, he might have elcap-
•d. By ender taking that duty, however, he became
ound to continue in the wail, and became liable to
n stelion of damages, had he mdcondiated himiclf.
'She learned Judge could hardly think that the dia.
'pages in this e.ife were exceifive, having been award-
ed by a Jury of London merchants, who could lint he
prcfunied to incline to be too favourable to a claim
like the prefent ; And the defendant himlclf having
elm-effect his conviCtion that the plaintiff was At lead
entitled to acs.:l. The cote, hots ever, being of impor-
tance, the rule might be granted.
Mr. jiatiCC ROOK I concurred in the opinion deli•
vcrtd by Lord ALVANLIY.
tieljtAnt S. rii F RD for the plaintiff, inflanced
caie iii which falsage had been claimed IA the
". -.am of Admiralty, by part •A A Cf CO' 4, :I.A
t... 0 on the capturs and retaken the he
...ncrs Lontcr...lcdi that it WAS the 44), 4./ the crew to

• .
if/ Co I and that, therefore, they were not entitled to
falwage.
Sir W. SCOTT, who tried the cafe, laid it down,
that in general that principle was well founded, but
that the crew had, in that cafe, gone a ftep beyond
their duty, and had dune what was not incumbent
on them. They were accordingly nsnd entitled to
falvage.—The Rule to fhew caufe was granted.

FGINTON V.
This was an aFtion brought by the Plaintiff. to re-
cover damages for an afrrtat and faille imprifonmenr,
which he Coffered at the hands'of the Defendant.

Serjeant SHE?HSSD, Counfel for the Plaintiff, Rat-
ed the eircumliances of the cafe as follows :—The
Plaintiff was coachman to a Mr. Frewthick. As he
was driving his carriage from Duke-greet to Oxford
Road, about nine o'clock in the evening, a perfon
ran luddenly pail, and was firuck by the pule of the
coach, which knocked him down, but he immedi•
ately rote, and raid that he was not much hurt.—
The Coachman drove on, hut had not proceeded far
when he was ordered to clop, and conduded to Mr.
Barber's fhop, an apothecary in Orford-road. The
perfon who had been knocked down by his carriage
was there. Mr. Barber demanded liven fhillings of
him for dreffing the wounded man's leg, and infifled
that he Ihould pay it that inflant or that he Ihould
be given in charge to a conftable. The coachman
gave his addrefs, but Paid that it was irnpoffible for
him to par (even Millings as he had not fo much mo-
ney. Mr. Barber, however, infilted upon the money
for his nribrocatios. and a conflable was fent for, who
took the Plaintiff into cultody, till he had got the
money from an acquaintance and paid it. The apo-
thecary,.he contended, had no right whatever to de-
tain the man, and therefore it was an (fault and a
talk imprifonment. He then called feveral witneffes
who depofed to the above fads. None of them,
however, could identify the Defendant as the perfon
who had detained the Plaintiff, which was fuppoled
to proceed from the Defendant's being in a different
chefs, from what he was in court, the family bents
all quakers.
Serjeant Burr, for the Defendant, spade an elo-
quent fpeech, and Lod, that though upon the Plain-
t;ff's own evidence, they could not identify his
client, yet the Defendant (*corned to take a verdict
on that point, as the truth was, that he was entitled
to their verdict not only in point of law, but alto in
point of jullice. He then called a great many wit
neffes, the firft of whom was the pet fon who had fur.
fered from the carriage running over him. He af-
firmed that he had been very much hurt, as the wheel
had paged over his legs, and he was not well for a
'fortnight after. It was he who gave the Plaintiff in
charge to the Conftable. The Plaintiff refuted to
give his addrefs, or to tell his name. S 1 perfon.
of Mr. Barber's family were then called, who expreff
ly contradided the material part of the Plaintiff's evi.
denee.

The Judge (Lord A ) laid, that a vet diet
malt be given againit the Conitable who had accept-
ed an improper charge, as he had no bufinef► to take
a man for not paying feven shillings t but be thought
the damages ought to be merely nominal.
The Jury acquitted the Defendant, Barber, alto-
gether, and found a verdia againd the coultable,Da-
mages One Shilling.

COURT OF KING'. IFNCH, JAN. 23.
•/• WALLS.

A motion was made for granting the Commiffion-
ers of Sewers in Hampfhire, time to make a return
to a mandamus, command ng them to repair a Sea
Wall. The ground alledged was. they had not folly
ii.formed themfelves with refpea to the level of that
part of the coall on which the reparation was required.
Lord E LLLLL OROVON obfervcd, that they had al-
ready had tofficient time for making every neceffary
enquiry. What had recently happened from the ne-
glee of repairing fea *Ails rendered it highly proper
that the Court fhould infilt on an immediate compli•
ante with its mandates on filch a fubjea; befides the
fituation of the country at the prefent moment pre.
chided the poffibility of granting even the flighteß
indulgence to the Comm.floners of Sewers, if they
were negligent of their duty. The application was
accordingly refuled.
JAN. 2.4..—TN! RING V. DOWLIT.
Mr. EILSIIINs moved for a Certiorari to remove a
Conviaion before a Magiltrate of the county of Sur-
rey, in order that Poch Conviction might be quaffied.
This Writ of Certiorari to bring up the Proceedings
upon Conviaion before inferior tribunals, might, in
fome manner, be called a Writ of Right to the Sub-
jects of this Realm, to prevent the inconveniences
that might otherwife be the refult, in Come cafes, of
fummary Conviehon ; and although this was almoll
a Motion of mirk, yet as it related to a fubjett uf
great importance, the Court, he was lure, would
with that whatever decifion they fhould come to, it
fhould be come to fpeedily, for which purpofe it was
proper that the Court Piould be now put into potter-
lion by him, not by way of argument, or in detail,
but under certain heads, of the point which was to
be argued on the Acts of Parliament which govern
the queftion upon which this Conviction turned.
Mr. Plaice LAwesscc afLed, what the Conviction
was for ?

Mr. Es r KINF raid, it was a Conviaion on the Aet
of Parliament of the 43d Geo. 111. c. tat, and upon
the 14th Setlion of that Ad, which provided," that
whenever any perfon, enrolled in any Volunteer
Corps in Great Britain or Ireland, (ball have ne-
glarled, rr refuted a demand made fur that purpole,
to pay any mom of money required by Rules and
Regulations, &c. towards defraying any es pence of
the Corps to which he belongs, or to pay any fine or
penalty, &c. then, and in fuch cafe, it (hall be law-
ful for any Jollier of the l'eace, reading in or near
the place where fuels Corps (hall be, &c. to can&
the fame, together with double the amount thereof.
to be levied by difirefs, or tale of the goods and
chattels, &c. of fuch perfon, &c. The fum fu le•
vied to gn to the general Rock of the Corps, &c.
The Gentleman nn whole part he made this ap-
plication to the Court, was fined by a Magiflrate in
the Borough, a fine which would have been duly or-
dered, provided he came within this &Ilion of this
.-Net of Pailiament, for i: was under this 14th Sec-
tion of the atd of the King, that this information
ao,aintl this Defendant was tried. lie was called
for Ins D.tence, when he admitted all the tan:
it..ts.l in the information—namely, his inrollment in
the Storey Cavalry, and his ato:nce from the drill,
and the dcinand of 'wawa ut bucs : but his de-

• •
eke Was this—That at the time of this gthansons
he was not a Member of the Corps, for that he had
received a letter from the Commanding Officer, Hat-
ing, that any Gentleman who did not attend the
morning drill on Monday in every week, for one
mond, to tome, he fhould receive his Dirmiffal
This Gentleman being in the Corn Trade, and hav-
ing no Clerk, and his partner alto being in a Volun-
teer Carps, the regulations calling that Gentleman
alto to attend at the fame time, the Defendant could
not attend as he was required without a relinquith•
ment of his trade, Yet he was ready to do all he could;
he fignified this to his Commanding Officer, he laid
it was out of his power to attend, and therefore lie
hoped that that would be taken as his difrniffal.—
: He heard nothing to tie contrary, and therefore he
had reafon to fuppok that his dilmilral would have
been the confequence of this refignatiOn of his. He
thought in filch a cafe that his difmiffal would have
been of courte ; however his difmiffal was not effefled,
and the Magitlrate convicted the Defendant. The
Magiltrate had given an honed judgment on this oc-
cation, but it was to be for the confidetation of the
Court, whether it was a legal judgment —The fads
of the cafe were put fairly on record. The De-
fendant admitted them all, and the only queflion that
would arife on this conviction was, whether this per.
fon, on the fads and the circumflinces attending the
tranfaftion, was fuhjed to the fine impofed upon
him ? Which quellion would turn upon this, whether,
in fad, he was a member of the Corps when the fine
WAS levied ? The fedion of the Aft referred to the
Rules and Regulations of the different Volunteer
Corps, and each Volunteer mull in that refpeft be
governed by the Rules and Regulations of the Corps
to which be belongs; by which Parliament held forth
that it did not mean to aft in an arbitrary manner
towards the Volunteers, but left them to make regu-
lations for their own Government. The firft Relo.
lotion of the regulations of this Corps was this, that
the Corps be inilituted ; for it was inaituted in the
year 1798, and afterwards continued tinder the Aft
which enabled his Majeßy to accept the fervices of
Volunteers at the beginning of the war—That this
Corps be inflituted fur the defence of the Borough of
Southwark and parts adjacent, labial to be called
out on invafion or infurredion, agreeably to the Ads
of Parliament of the 34th and 42d of Geo. 111. Now
with refpcit to the Ad of the 34th Gco. 111. it was
an Ad to enable his Majefly to accept of the Cervices
of Volun t during the IA war ; but it was an Aft
which continued in force mit, during the war, it
therefore expired on the concrufion of peace. The
45d of the King, e. 66, was the next Ad, and it was
the Act under tire authority of which this Corps, and
indeed every other Corps were embodied and afFem•
bled. This was an Aft which pall when the enemy
of this country firft held out his threat and menace
againfl the independence of this country, which rout-
ed its inhabitants inßantly to its defence, and which
th we now defy with ptide as well as confidence,
beeanfe we all feel allured that whatever may be the
wilbes of our enemy, they will certainly be difap-
pointed. Here be read the Preamble of the Aft re-
citing the expediency of enabling his Majeßy to avail
hinsfell of the offers of his fubjeits to raife Yeomanry
and Infantry Volunteer Corps, and the expediency
of exempting the members of fuch Corps from ballot
in the Militia, and that was all the exemption they
had then, for at that time the Army of Referve
Bill had not palled. The Ae then went on to
Rate, that all perfons enrolled in fuch Carps, and
attending the number of days Hated in the Aft,
fhould be exempted from compolfory fervice in the
Militia, but it afterwards provided, that thefe ex-
emptions fhould not be allowed, unlefs a mullet roll
be tranfmitted to the Lieutenant of the County, &c.
of the individual claiming the exemption having at-
tended the exercife a number of days, as prefctibed
by the Aft. The fourth feflinn of this Aft applied
directly to the cafe of this Defendant, and which he
was now fubmitting to the Court. for he was entered
in his Corps agreeably to the Aft of the 34th cf the
King, and the A& of the 4ad of the King did not
impofe any new regulation, or put any thing in the
way ofezemption to Volunteers. Parliament had kept
pale& good faith in this as in all other cafes, for
which the Parliament of this country was remarkable;
indeed Parliament had never attempted to violate
good faith by the introdqpion of arbitrary proceed-
ings, which he fhould venture to call arbitrary, if it
did. Under this Aft the Commanding Officer was
directed to tranfmit to the Lord Lieutenant, and he
tranfmits to the Crown, a lilt of thole, who being
enrolled, and had attended the proper number of
slayt, fo that the Crown might fee who was and who
was not entitled to exemption :—and then the Aft
went on to provide, that in this return there (ball be
inferted the name of every per fon enrolled in every
fuch Carps, as aforefaid, who (hall, (ince the date
of the Tall miler roll, have notified to the Com-
mander thereof, his intention of difcentinuing his
fervice therein, or have been difcharged from the
fame on account of non attendance or other-
wife ;—and if any fuch perfon, dining his being
enrolled, &c. (hall be drawn in the Militia, and
(hall be exempted on acconnt of it (even if he had
before been exempted) he 111411, on firth refignation,
(what was reignation. he would alit, but notifica-
tion of difcontinnance i) terve without Ballot, if
drawn before, and if there &Ad happen to be no
vacancy in the Diltriet to which fuch pelf n be.
longed, he fhould ferve as a fupernumerary. Thus
the Ad of Parliament hated what the relignatien
%mild be. Ile knew it had bees I;imetimes thrown
out, that Ads of Parliament are very lot le in their
words. as if the words of them were, L,metimes,
not the meaning of the perfons by whole authority
they were emote!, as it words got into fome of
them as it were by chance ; but here the Acts were
plain on the filbjed of exemption. The Command-
ing O(hccr et the C. rps was to make a return upon
his honour, which, he had no doubt, was equivalent
to an oath, of all perfons who may have been dif
charged or may have quitted (ince the date of the hill
mutter roll, and then, the moment that a perfon had
quitted the Volunteer Corps, all theother compulfory
services attached upon him, and Ile was liable to ren-
der his Cervices to the State as the Law of the Land
required, percifely in the fame n anner as it he had
never been is a Volunteer Corps. Mr. Essitiiis
taid he limad not argue this cafe at prefent, but
merely Hate the Statutes in their order, that the
Curt might fee the view of Parliament thrL ughoot
thi. fervice. This aft, %%Lich he had ju:l recited,
I was palled u a moment when the er.amy meditated,

I or rather publilhed. an Wed to defiroj iltat
tem of Government which this Country bad the
happinefs to enjoy for centuries, and which isenue
tended to call us all forth; Co much ardour was felts
that almoft every man wifhed to he a Vskinteer.
As to refignations afterwards. Good Goo, boir few
he did not know that there were too. Volunteers
Rept forward—Parliament took the advantage which
this fpirit offered to the Country, and made nal*.
lions Government became apprehenfive. not that
the Volunteers would be roo few, but that they would
be too many, fo that there might be a difficulty in
having any regular army : in confequence of this,
Government held its hand, and gave if to be trader.
Rood that it would not accept any more Volunteers
unlefs under certain regulations, and then came the
Aft of Pat liament of theayl of the King,c. 82. which is
commonly called the Army of Referee At; at this
time between 1 and 36o,000rnen were got under arms.
Parliament few and admired the zeal and ardour of
the Public, hut they knew the Country could not be
of iClually fecured by ardour alone, that there mull
be men trained and difciplined in a given way, and
therefore paired this Aft for railing this body of men
as an Army of Referee; but again, in this A 6 there
were Exemptions, among whom was the learned
Conn he was now addreffing, as well as the Great
Officers of State, who could not be (pared from the
Rations they at prefent filled for the benefit of the
community ; and all the Volunteers were 'alio ex•
empted—fo that good faith was here again reli-
gioufly kept by Parliament : but if a pedal coifed
to be a Volunteer, be then became amenable to
comptilfory fervice under the Army of Referee A&
The-treat Ad of Parliament was the aid of the
King, c. 96, for Parliament was not yet Gti,fted
with the Rate of the Country as to men being fit
frtr arms, and therefore they pallid a law upon the
fubjed of the Prerogative of the King—An Ad, the
like to which, its England, was never paled before.
That was an Ad touching the Prerogative of the
King, which no Lawyer 6r good Fritiorian ever
doubted, that of calling forth the Military Service of
ad his Subjects in cafe of actual invafion—but the
we of the Ad was manifell, fine it, made the cur
cite if that Prerogative more prompt and eery. for
his Majelly's Prerogative in that cafe only extended
to Penalties in cafe of difobedience after the party
was fummoned to the field; but in this cafe, the
call was immediate. and could not be commuted by
the payment of a fine. This Ad again kept paled
good faith with the Volunteers. for they were all
exempted from its provifions while they were Vo-
lunteers—but only while they were Volunteers,
for Parliament provided, that if any one ceafed to
be a Volunteer, either by his own refignation, or
difmiffal, the provilions of the Aa fhould ießantly
attach on him; for it was not by Ilrutting a few days
in a red coat with a (bouldered milder that Parlia-
ment thcught a man thould be exempted compulfory
Service, but upon voluntary Service the compulfory
was out of the queflion, and rightly fo, for one man
could not ferve in two characters at once, in a corn.
pillory charades and in the charader of a Volun-
teer, and therefore if any nne was really and hewer
fide a Volunteer, he was not called upon for any
other ferviee ; thus chore who had the virtue to come
forward bravely, which was always the moil advan-
tageous as well as the moll honourable mode, always
were exempted ; if any chore to hang back, they got
nothing by it but reproach, for then they became
fubjea to compulfory fervice. But in this Aet there
was a provifion, that nothing in it (horrid mend to
vary or alter any former Ad, except to far as the
fame were therein expretily varied or altered. That
part of the 42c1 of the King, which provided for 'hi
refignation of a Volunteer, and which he had recited,
was not mentioned in this Ad, and, therefore, under
the provifion that no Ad was altered. but fuck ai
was exprefsly fo by this Aa, that clank in the ea
of the King, providing for.the refignation or difmif.
GI of a Volunteer, was in full force. The defendant
here maintained that by the rule: of his Corps, his
diimitGl was, 1.1 courfe, after his refignation in the
manner he made it, and that the legal confequence
of that was, that the order ought to be qualbed. He
ought to add, that this Gentleman had as much (pink
for the defence of his country as any body. He had
fubferibed three guineas a year to the expence of the
Corp., together with that of a good boric, de. fit for
fcrvice.

Lord Ettasacieounit, interrupting the Learned
Counfel, Aced whether there was any claufe in the lalt
AEI taking away the Certiorari ? •
Mi. Eastlws replied in the negative. He laid, the
reafon why he had taken the liberty of expreffing
himfelf at fuch length was, that their Lordfhips :night
have all the AOs if Parliament before them, and that
no man might imagine the Volunteers of this country
were difpoled to withdraw themleives liom their duty;
but on the contrary, that they felt she nature of their
obligation. He concluded by expelling a hope, that
nn man would with to put penal laws in force againa
inch honourable and brave defenders of the country.
The writ WA, awarded, and upr.n the return to it.
the qucllion will be folemnly argiled.
The defendant bas a moll limidahle phalanx is
his intereli. He has retained Mears Elias's'', Gait.
low, Gies', and ANDR tit' .5. The Arvoaiisr a-11
SOLIC ITOK-G Alla L ss ill, mutt likely, pl:acl for the
Crown.

BRIBIRY...—MATSTIRTS V. saviLts, !SQ.,
A motion WAS made to increafe the aims in
acßion againft Mr. ias.:lle, ri dep.l../ Chrillopher At-
kinfon, tor bribery at the late Ileyd,n Eledion. It
WAS Rated, that the objet of the fint was to mover
three p,naltits of 58 or,cl. 48,0001. and 36,00c1. and
that the defendant, having been fummoned as a Mesta.
ber if Parliament, had barrieadoed Ins bottle, to
avoid being ferved with any other proeels ; ha t•atl
made it a parted Maifon Nary; and when any pet( •
kno,ked at the door, a fervant halhwed from the t p
that fie had direetion., not to receive any nieft.ge or
paper. It wa% further merti• n:d. that the H: n. St-
nst rmadeitaprafli:et einhile his C•41,1e 011 h: tiro
day of Term, and throw it open on the last.

;rite Court diredcd that SQI. might be levied on
each reLalty.

Yet erda, Frarcib dmirh, ennvietei at the laff &I-
lion for the mwder of Thomas Mil.: 4:OJ, at Ham.
merfrui.h, rccc;ved ..is 1; jetty'. peiJort ou com.ition
ut being inq r.ne year.

LAI l, y on Nl..ndAy ms,rri:lg a Cerf.nel on dory in
the (teeo's G 4 dcn a as eivcovele.l 411!er. and was
takelk a pr &net by CapLaib HILL Lowe r

. ...
, • . . . . • • • . ,
LAW !WELL IGENCr. . . .
'in Cu;Co ; end that, therefore, they Were not entitled to tenet Seas thiso-That at the time of this Stimmons or rather publilhed. au Wed to dellroj that fyC
falvage. he was not a Member of the Corps, for that he had tern of Government which this Country bad tbe
C\ . . . .
COURT OF CHANCERY, JAN. 24. • . .
• Sir W. Scorr, who tried the cafe, laid it down, received a letter from the Commanding Officer, fiat- happinefs to enjoy for centuries, and whicb bienatte
LAST AIIbUSTA MURRAY, V. HI! ROYAL HIGHNESS that in general that principle was well founded, but ing, that any Gentleman who did not attend the tended to call us all forth; Co much ardour weskit,
• TH! DORS or SUSSEX, AND OTHERS. that the crew had, in that cafe, gone a Rep beyond morning drill on Monday in every week, for one that almotl every man wifhed to he a Vehinteen
This Bill was filed by Lady Augulla Murray, pray- their duty, and had dune what was not incumbent month to come, he Ihould receive his Difmiffal As to refsgnations afterwards. Good GOSS hal fee /
• ing, amonga other things, that the Defendant, Mr. on them. Thee were accordingly found entitled to This Gentleman being in the Corn Trade, and hay- he did not know that there were too. Volinteers
Comm, might be relltained by an injun&inn of the falvage--The Rule to thew caufe was granted. , ing no Clerk, and his partner alfo being io a Volun- Rept forward—Parliament took the advantage vihick
Court, from paying to his Royal Highnefs the Duke !GIRTON V. . teer Corps, the regulations calling that Gentleman this fpirit offered to the Country, and made aegala.
of Buffet, a him of 4ocol. per annum, part of an This was an action brought by the Plaintiff, to re. alto to attend at the fame time, the Defendant could tions : Government became apprehenfive. net that
annual pennon of 1210001. fettled upon his Royal cover damages for an afrault and falfe imprifonment, not attend as he was required without a relinquith. the Volunteers would be too few, but that they would
liighnds ; and which funs of 40001. had been fettled which he fuffered at the hands'of the Defendant. ment of his trade, Yet he was ready to do all he could; be too many, fo that there might be a difficulty is .
by deed upon Lady Augufta, in confideration of Serjeant SHEPHERD, Counfel for the Plaintiff, flat. he fignified this to his Commanding Officer, he laid having any regular army :in confequence of this,
her educating and maintaining the children the al- ed the circumßances of the cafe as follows :—The it was out of his power to attend, and therefore he Government he/d its hind, and gave if to be trader.
ready had, or might have, by his Royal Highnefs. Plaintiff was coachman to a Mr. Frewthick. As he hoped that that would be taken as his difmittal•— Rood that it would not accept any more Volunteers
It alfo Hated that Mr Coutts received the 12,0001. was driving his carriage from Duke-greet to Oxford He heard nothing to the contrary, and therefore he unlefs under certain regulations, and then came the
under the authority of a Power of Attorney from the Road, about nine o'clock in the evening, a perlon had reafon th fuppofe that Ins difmiffal would have Aft isfPAI liament of theaed of the King,e.B2. which is
Duke of Suffer, who was at prefent ar Lifbon, and ran luddenly pall, and was firuck by the pule of the been the confequence of this refignation of his. He commonly called thc Army of Referee AR ; at this
out of the jurifdiftion of the Court. Mr. Coutts ad- coach, which knocked him down, but he immedi- thought in fuch a cafe that his difmiffal would have tiniebetween a and ro,ooomen were gotunder arms.
mitred the Letter of Attorney, by which he was so- ately role, and laid that he was not much hurt.— been of catirte ; however his difmiffal was not effeaed, Parliament few and admired the zeal and ardour of
thorifed to receive the money, but Hated that he had The Coachman drove on, but had not proceeded far and the Magiftrate conviaed the Defendant. The the Public, hut they knew she Country could not be
no money in his hands belonging to the Duke of when he was ordered to flop, and condated to Mr. Magiftrate had given an honed judgment on this oc- effectually fecured by ardour alone, that there mug
dam Barber's (hop, an apothecary in Oxford-road. The cation, but it was to be for the confederation of the be men trained and difcipliced in a given way, and
A motion was made during the fitting., before perfon who had been knocked down by his carriage Court, whether it was a legal judgment —The fads therefore palled this Aft for railing this body of men
Term, it Lincoln's Inn Hall, praying that Mr. was there. Mr. Barber demanded liven fhillings of of the cafe were put fairly on record. The De- as an Army of Referee ; but again, in this A 6 there
Coutts might be ordered to retain in his hands, and him for dre ffing the wounded man's leg, and infided fendant admitted them all, and the only queftion that were Exemptions, among whom was the learned
pay over to the Plaintiff this fum of 4,0001. when he that he Ihould pay it that inliant or that he Ihould would arife on this conviiftion was, whether this per. Come he was now addreffing, as well as the Great
received the fame, on the ground that the deed Hated be given in charge to a conftable. The coachman fon, on the fads and the circumainces attending the Officers of State, who could not be (pared from the
In the bill. gave the Plaintiff, Lady Augufla Murray, gave his addrefs, but faid that it was inspoffible for tranfaaion, was fubjeet to the fine impofed upon Rations they at prefent filled for the benefit of the
aAm upon the annual fum of 12,0001. granted to the him to pay (even &Hangs as he had not fo much mo- him ? Which queßion would turn upon this, whether, community ; and all the Volunteers were alto ca•
Duke, to the extent of 4,0001. a year. The motion
ney. Mr. Barber, however, infilted upon the money in fad, he was a member of thc Corps when the fine empted—fo that good faith was here again reli-
ants refilled upon the ground that Mr. Coutts was for his nalprocatiots, and a conftable was Cent for, who was levied ? The feation of the Aft referred to the giouHy kept by Parliament : but if a perfon coifed
Merely authorized to receive this money under a took the Plaintiff into cultody, till he had got the Rules and Regulations of the different Volunteer to be a Volunteer, be then became amenable to
Letter of Attorney, which might be revoked at plea.
money from an acquaintance and paid it. The apo- Corps, and each Volunteer mullin that refpeft be comptilfory fervice under the Army of Referee Aft.
fare by the grantor, and that he was, by law, AC.
thecary, .he contended. had no right whatever to de.l governed by the Rules and Regulations of the Corps The-next Ad of Parliament was the 43d of the
countable to his conflituent alone, for the application tats the man, and therefore it was an (fault and a to which be belongs ;by which Parliament held forth King, C. 96, for Parliament was not yet fatiifted
of the mottey. talk imprifonment. He then called fever*, witnefes that it did not mean to all in an arbitrary manner with the Rate of the Country as to men being fit
When this Motion was firft made, the Lou: Caen. who depofed to the above fads. None of them, towards the Voltmeters, but left them to make regu. for arms, and therefore they palled a law upon the
tattow. after exprefting much doubt upon the cub-
however, could identify the Defendant as the perfon lations for their own Government. The firit Refer- &Neff of the Prerogative of the King—An Alt, the
ell, dittoed It 113 Hand Deer; and this day, his
who had detained the Plaintiff, which was fuppoled lotion of the regulations of this Corps was this, that like to which, in England, was never paled before.
(hip f iid that he had given every confideration to proceed from the Defendant's beingin a different the Corps be initituted ; for it was inftituted in the That was an AR touching the Prougative of the ord
to the fubjeft, and converted with the Matter of the chefs, from what he was in court, the family being year 1798, and afterwards continued tinder the Aft King, which no Lawyer 6r good Hiftorian ever
Rolls upon it. That neither his Honour nor himfelf all quakers. which enabled his Majefty to accept the Cervices of doubted, that of calling forth the Military Service of
ever recolleeted a fimilar cafe, where the grantor of Serjeant Bor. for the Defmdant, spade an elo- Volunteers at the beginning of the war—That this all his Subjects in cafe cf afloat invafion—but the
the deed Was not before the Court, and if pre-
quent fpeech, and faid, that though upon the Plain. Corps be inaituted fur the defence of the Borough of ufe of the Aft was menden, !ince it, made the cur
lent, may lit op many objeftions, which might--
who,
tiff's own evidence, they could not identify his Southwark and parts adjacent, fobjett to be called cite cf. that Prerogative more prompt and eafy. for
!laps be fatal to the ezillence of the inll rument. His•
client• yet the Defendant (corned to take a verdia out on invafion or infurreetion, agreeably to the Acts his M.ijeity's Prerogative in that cafe only extended
Lordlhip faid, it was impollible in this Rage of the on that point, as the truth was, that he was entitled of Parliament of the 34th and 42d of Geo. 111. Now to Penalties in cafe of difobedience after the party
taufe to grant the injunftion as prayed. but that he t' their verdictnot only in point of law, but alto in with refpat to the AR of the 34th Gco. 111. it was was fummoned to the field ; but in this cafe, the
raw no objetlioa to reltrain Mr. Coutts from receiv point of juilice. He then called a great many wit an Ad to enable his Majea}l to accept of the Cervices call was immediate. and could not be commuted by 1
ing the money at all at prefent, and if the Plaintiff neffes, the firft of whom was the pet fon who had fuf- of Volun t during the left war ; but it was an AR the payment of a fine. This AR again kept perk&
chore to make any other motion relative to the :mph-
fered from the carriage running over him. He at. which continued in force on)y during the war, it good faith with the Volunteers. for they were ell
4 cation of the money, that he felt fo much difficulty
firmed that he had been very much hurt, as the wheel therefore expired on the concrufion of peace. The exempted from its provifions while they were Vo.
in the cafe, that he Ihould certainly hear it. alined had paged over his legs. and he was not well for a 45t1 of the King, e. 66, was the next AR, and it was lunteers—but only while they were Volunteers,
fortnight alter. It was he who gave the Plaintiff in the Aa under use authority of which this Corps, and for Parliament provided, that if any one oared to
Isy the jtidgMents of the Mallet of the Rolls and the
isord Chief Juftise of the Common Pleas. charge to the Con(table. The Plaintiff refuted to indeed every other Corps were embodied and affem• be a Volunteer, either by his own refignation, or
.7.—. give his addrefs, or to tell his name. S - 1 perfons bled. This was an Aft which pall when the enemy difmiffal, the provilions of the AR Ihould iollantly
COURT OP COMMON PLEAS, JAN. 24. 1,1 Mr. Barber's family were then called, who expreff of this country fiat held out his threat and menace attach on him; for it was not by (trotting a few days
NEWMAN v. w s. ly contradicted the material part of the Plaintiff's esti. againfi the independence of this country, which rout"- in a red coat with a (bouldered mufket that Perlis-
Mr. Serjeant Coceate applied for a rule to thew donee. ed its inhabitants inftantly to its defence, and which men' thought a man Ihould be exempted compulfory :
Clore why the verdia in this cafe Ihould not be fet elide. The Judge (Lord A ) raid, that a vet dill th we now defy with pride as well as confidence, Service, but upon voluntary Service the compulfory .
The &Ilion came on to be tried before Lord AL• mutt be given againft the Constable who had accept- becanfe we all feel allured that whatever may be the was out of the queflion, and rightly fo, for one man
4 and a London Special Jury of Merchants, at ed an improper charge, as he had no Wind'', to take wiffies of our enemy, they will certainly be difap- could not terve in two charaeers at *ace, in a coma
Bittings after laft Term. The plaintiff, Capt. New.
a man for not paying feven &Wings ; but be thought pointed. Here be read the Preamble of the Aft re. pulfory charaßet and in the charader of a Voles-
, man, was paffenger on Imerd a (hip, of which the de- the damages ought to be merely nominal. citing the expediency of enabling his Malay to avail teer, and therefore if any One was really and hew.
fendant was principal owner. The Captain and Pilot The Jury acquitted the Defendant, Barber. alto- himfelf of the offers of his fubjeßs to raife Yeomanry a Volunteer, he was not called upon for any '
af the veffel. feeling themfelves incompetent to the Piller* and found a verdia againa the conftable, Da- and Infantry Volunteer Corps, and the expediency other (crake ; thus thofe who had the virtue to come
talk of carrying it into Yarmouth, abandoned it to its mere One Shilling- of exempting the members of filch Corps from ballot forward bravely, which was always the moll advan-
fate ; and in this emergency, the paffengers and crew in the Militia, and that was all the exemption they tageous as well as the molt honourable mode, always
folicited the plaintiff to take upon him the manage. COURT OF RING', lIFNCH, JAN. 23. had then, for at that time the Army of Referee were exempted ; if any chofe to hang back, they got
!Debt of the octet. By the (kill and exertions of the sea WALLS. Bill had not paired. The Aft then went on to nothing by it but reproach, for then they became
t plaintiff, the (hip was accordingly brought fare into A motion was made for granting the Commiffirm. Hate, that all perfons enrolled in fuch Corps, and fubjett to compulfory fervice. But in this Ad there
port The defendant was proved on the trial bath ens of Sewers in Hampfhire, time to make a return attending the number of days Hated in the AR, was a provifion, that nothing in it Should extend to
to have fpokeu and written in high terms of the fo. to a mandamus, command ng them to repair a Sea Should be exempted from compolfory fervice in the vary or alter any former Aa, except is, far as the •
vices rendered to the owners by the plaintiff. In a Wall. The ground alledged was, they had not fully Militia, but it afterwards provided. that there ex- fame were therein expretily varied or altered, That
letter written on that fubjea, he declared his convic- ioformed themfelves with refpea to the level of that emptions Ihould not be allowed. unlefs a mullet roll part of the 42c1 of the King, which provided for thi
Con that the prefervation of the veffel was attribute- partot the coati on which the reparation was required. be tranfmitted to the Lieutenant of the County, Ike. refignation of a Volunteer. and which he had recited,
able folely to the (kill, fpirit. and diligence of the Lord E LLLLL OR ova,' obfervcd, that they had al- of the individual claiming the exemption having at- was not mentioned in this Aft, and, therefore, under
plaintiff, and to that (kill, fpiiit, and diligence, he ready had firfficient tune for making every necefrary tended the exercire a number of days, as prefctibed the provifion that no Aa was altered. but fuch ai
delivered it as his opinion the veffel was indebted for enquiry. What had recently happened from the ne. by the Aft. The fourth legion of this Aft applied was erprefsly ti by this Aa, that clank in the asd
its fafety, and that the plaintiff was entitled to a re• glee of repairing lea walls rendered it highly proper direCtly to the cafe of this Defendant, and which he of the King, providing for else refignation or &fowl
enuneration, at Teat to the extent of soot. The that the Court Ihould Malt on an immediate coolish. was now fubmitting to the Court. for he was catered Cal of a Volunteer, was in full force. The defendant
owners, however, failed to make any compenfation ante with its mandates on fuch a Cubic& ; befsdes the in his Corps agreeably to the Aft of the 34th cf the here maintained that by the rules of his Corps, his
to the plaintiff, in confequence of which. he brought fiaration of the country at the prefent moment pre. King, and the Aft of the 4rd of the King did not diimittal was, of caurfe, after his refignation in the
an vetion againft them for falvage, or for a compenfa. chided the poffibility of granting even the Righted impale any new regulation, or put any thing in the manner he made it, and that the legal confequenea
lion for the fervices rendered by him to the velfel and indulgence to the Commillioners of Sewers, if they way ofezemption to Volunteers. Parliament had kept of that was, that the order ought to be quaffied. He
4, cargo. The Jury pronounced a vcrdift, finding that were negligent of their duty. The application was poled good faith in this as in all other cafes, for ought to add, that this Gentleman hot as much (pink
the plaintiff had, at the folicitatinn of the pall...tigers accordingly refuted. which the Parliament of this country was remarkable; for the defence of his country as any body. He had
and crew, undertaken the management of the velfel, JAN. 24.—THR KING W. DOWLIT. indeed Parliament had never attempted to violate fubfcribed three guinea, a year to the expense of the
and that by his (kill and diligence the velfel had been Mr. ERSIIINs moved for a Certiorari to remove a good faith by the incrodqpion of arbitrary proceed- Corps, together with that of a good boric, &c. fit for
lards brought into port, and awarded him vol. for Conviction before a Magiltrate of the county of Sur. ings, which he fhould venture to call arbitrary, if it retake.
io his fervices in that repel. rey, in order that filch Conviction might be quaffied. did. Under this Aft the Commanding Officer was Lord ELLSAIOSOUGH, interrupting the Learned
Mr. Serjeant Coteau. maintained that this verdia This Writ of Certiorari to bring up the Proceedings di/eked to tranfmit to the Lord Lieutenant. and he Camila, alked whether there was any deuce in the law
f.
't• ought to be yet afide, on two grounds. Firft, on the upon Conviction before inferior tribunals, might, in trod-mils to the Crown, a lift of thole, who being Aft taking away the Certiorari ? • i
plea that no perfon was entitled to falvage on account tome manner, be called a Writ of Right to the Sub. enrolled, and had attended the proper number of Mi. East INS replied in the negative. He raid, the
of any veffel, in which he might happen to be jells of this Realm, to prevent the inconveniences days, fo that the Crown might fee who was and who reafon why he had taken the liberty of expreffing
graffetiger, his ow n per fnnal fafety calling on him fur that might otherwife be the refult, in fome cafes, of was not entitled to exemption r—and then the Afthimfelf at fuch length was, that their Lordfil;ps :night
every exertion lie could make, to preferve hinsiell, as fummary Conviction ; and although this was ahnoll went on to provide, that in this return there (ball be have all the AOs if Parliament before them, and that ,
well as the veffel; but, fecondly, on the idea that he a Motion of mule, yet as it related to a fubjed uf infected the name of every perfon enrolled in every no man might imagine the Volunteers of this country
was entitled to a compenfation for any extraordinary great importance, the Court, he was lure, would fuch Corps, as aforefaid, who (hall, (ince the date were difpoled to withdraw theinfeives from their duty;
exertions which he might base made, the Learned with that whatever decilion they Ihould come to, it of the left muter run. have notified to the Cum- but on the contrary, that they felt the nature of their
Couniel cootended, that, in the pi-dint cafe, excel. Should be come to fpeedily, for which purpofe it was mander thereof, his intention of difcentinuing his obligation. He concluded by expelling a hope, that
five damages had been awarded by the Jut yon that proper that the Court thould be now put into potter- fervice therein, or have been difcharged from the nn man would wills to put penal laws its force aping
account.. fion by him, not by way of argument. or in detail, fame en account of hi; non attendance or other- inch honourable and brave defenders of the country.
Lord At/setts, recapitnlated the leading features but under certain heads, of the point which was to wife ;—and if any fuch perfon, dining his being The writ Wes awarded, and upon the return to its
t of the cafe, and laid, that though a man might not be argued on the Afts of Parliament which govern enrolled, &c. (hall be drawn in the Militia, and the quellion will be frilemnly argued.
be (Wetly entitled to falvage for preferring a yard in the queftion upon which this Conviftion turned. flan be exempted on account of it (even if he had The defendant has a moil f. amidable phalanx in .
which he WAS aoa fferger, it would be a dangerous Mr. plaice LAWRENCE afaed, ',tut the Conviction before been exempted) he than, on filch refignation, his interett. He has retained Mears Erts angle, GAR.
and an improper doctrine to hold one, that on that was for ? (what was refignation. he would afk, but notitica- a OW, Giese, and ANDREW!. The Arroasier a,d
account the exertions of loch individual ought to go Mr. En r KIN!' raid, it was a Conviction on the Aft tion of dircontinnance i) ferve without Ballot, if Some:roe-CFA s a•ti will, moll likely, pLad for the
ik wholly unrewarded, although called for and fulicitol of Parliament of the 43d Geo. 111. e. 111, and upon drawn before, and if there fheitld happen to be no Crown.
by his fellow paltengers. the 14th Section of that An, which provided, •' that vacancy in the Diaria to which fuch put n be• 8R181RY....--MATSTERTS V. saviata, tso,
The Jury had not in the prefent cafe found the whenever any perfon, enrolled in any Volunteer longed, lie flualld reeve as a lupernumerary. Thus A motion was made to increafe the iff,,e, in an
plaintiff entitled to folvage, but 'merely to a compen- Corps in Great Britain or Ireland, (tall have ne- the Aft of Parliament hated what the refignatien aaion againa Mr. Saville, rider.,,,, Chriftopher At.
,lizi.ll for his (kill and incluilry ;he having, at the gleeted, er refilled a demand made fur that purpole, Ihould be. lie knew it had bees sometimes thrown kinfim, for bribery at the late Heedan Eleainn. It
..e1.,e.1 of thofe on board, taken on himfelf the chi to pay any firm of money required by Rules and out, that AA% of Parliament are very loofe in their was listed, that the objeft of the tea was to recover
ii.!r-. of Captain of the vehTcl. Had he not under. Regulations, &c. towards defraying any es pence of wends, as if the words of them were, Idmecimes, three penalties of 58 noel. 48,0001. and 36,000, and
1 .otet, this refponfible fituation, he might have elcap- the Corp. to which he belongs, or to pay any fine or not the meaning of the perfens by whole authority that the defendant, having been fummanca as a mem.
ad. By under taking that duty, however, he became penalty, &c. then, and in loch cafe, it (hall be law- they were enacteo, as it words got into fome of bet of Parliament, had barricadoed his }mule, to
l ound to coloristic in the wail, and became liable to tol for any Jonice of the Peace, reading in or near them as it were Icy chance ; hut here the Aas were avoid being ferved with any other procefs ; he t-ael
!'n itelian of damages, had he miteondireted hunfele the place where fuels Corps (hall be, &c. to cattle Flair on the robjeft of exemption. The Command- made it a Ferret Maifon liar.? i and when any rd. a
'rile learned Judge could hardly think that the die. the fame, together with double the amount thereof, I log Officer of the Carps WAS to make a return upon knocked at the door, a fervent hallowed from tbe a p
ranges in thi• cafe were execifire, having been award. to be levied by shard's, or Cale of the goods and I his honour, which, he had no doubt, was equivalent that lbe had direetians not to teccive any fllefraZe or
cd by a Jury of London merchants, who could not he chattels, &c. of filch perfon, &c. The fum fo le• to an oath, of all Perfons who may have been dif paper. It sea, further meetianed, that the Fa a. se.
prefunied to incline to he too LtvottiAbic to a Claim vied to go to the general Rock ot the Corps, &c. charged or may have quitted (ince the date oethe IA „moor made it a pe„,oi:e t.i enthoe his Cal, ie Oil ,h: tiro
like the prefent; and the defendant himfelf having The Gentleman on whole part he made this ap- mutter roll, and then, the moment that a perfon had day of Term, and throw it open on the late.
elate:red his conviaion that the plaintiff was at least plicvion to the Court, was fined by a magoorae, ,n I quitted the Volunteer Corps, all theother compulfory The Corot diretted that soh might be levied on
entitled to zoel. The cafe, hOtscver, beats of imp, the Borough, a fine which would have been duly or- services attached upon him, and he WAS liable to rcn- each peLalty.
- tance, the rule might be granted. dered, provided he came within this Section of this I der his fervices to the State as the Law of the Land ----
' ' Mr. plaice ROOK i concurred in the opinion Mi. .aft at Parliament, for it was under this lath Sec- • required. wady in the fame manner as it he had Vetlerrlaw Frarcis Smi.h, convietee at the left Sef-
' vete. by Lord
Mt. hetj,.atit Slit sot FRD for the plaintiff, inflanced aeaintt this Defendant was tried. lie WAS called laid he (boo" not argue tics cafe at prefent, but inerfrohh, received ais Majefty's peidon on cunait•
em
c cote ii, ohici, talsage had been claimed is the apt Oir his Daence, when he admitted all the fan: merely Hate the Statutes hi their order, that the of being imy araned one year.
aim of Adniiralty, by part of a crew a a,, laia larti-I in the inormation—namely, his internment in , Caurt might fee the view of Parliament dm_ ugho„t LAily on M,.nday merriag a Cereinel on dtity in
~..n tin the captors and waken the vette'. 'i he the Suites- Cavalry, and his ablarce frnm the drill, ' this fervice. This aft, %%Lich he had jud recited, the (teeo's Gaiden aas do atleep, ard 'was
. wners tontcrolcd, that it WAS the did :y (.0/ the crew to and the demand of paymint ti buts: but his de. 1 was paced u a moment when the er.amy meditated,. takers a prifuner by Captain HILL to we Battaglia.