Star.
London, England, 1804-11-15 00:00:00

DICICSOIOI ACRICULTURE.

. Among the tracing features by which theiate cen•
tory will be rendered memorable in the hiftory of
mankind, the Mott prominent and molt pleating is
the unparaUelled progrefs of the arts and fciences ; in
which they have been aided as well by the public fpirit
of individuals, as by the various national ettablias-
anent: in different parts cf Europe. In fo truly noble
an emulation our own country can with confidence
claim a dillinguilled place t and among its foremoll
pretentious may jufily advance that of having ref-cued
Agriculture from the degradation to which it bad
been hitherto uniformly doomed by being ceinfidered
as exclufirely the province of the mechanical opera-
tor t and of having elevated this molt ancient and va-
luable art into an objed of liberal and enlightened
Rudy, and feientific refearch.
This. indeed, upon cool and mature refledion, will
appear a wonderful epoch in the annals both of fcience
and of man. The union of the two eharaders,—the
man of enlarged and comprehenfive mind, of deep
and accurate thinking, with the hufbandman, the
mere tiller of the ground, (the former confidered, in
every civilized age, as the highea in the fcale of fo.
ciety ; the latter, perhaps as the lowea,)—was a no-
velty worthy of adding to the Ware even of the
eighteenth century. It was not, like cotemporary
revolutions, the wild and onjuft abafement of all that
was molt dignified t but the merited exaltation of
what was molt humble : it was not the degradation
of the man of liberal attainments into the coarfenefs
of the talkie ; but the approximation of the ruaic to-
wards the refinement of the man of liberal attain-
ments t it was, in a word, the precife contra of the
change from what poetry tells of the Arcadian &mins
of the golden age, to the comparatively brutal igno-
ranee and infenlibility of the Shepherds of modern
times.

The moll carders obferver mull know how great
is the influence of the perfonal manners and difpofi•
lions of a monarch, on the condition and habits of
the people under his authority ; and, in applying this
psinciple to our days, mull be convinced of our hap-
pinefs in poffeffing, in his prefent Majefty, a Sove-
reign who, while in his domettic charafter he exhibits
a bright patern of the virtues on which our dearth
happmefs depends, holds out equally, even in his cuf-
ornery relaxations, the example of employments fo
congenial to our national charafter, and fo conducive
both to individual comfort and to public profperity,
as agricultural ',adults. This i. indeed a fubjea that
comes home to Britith bofoms and it is not furpri- '
ling that condo& thus worthy of imitation bas
been very generally imitated by many of our prin.
cipal nobility and gentry; and that, aided by the elle-
bliffiment of a public Board, it has fucceeded in giv •
ing to the finely of thi. interefting art the prevalence
(while its own 'all importance muff eniure it from
the tranfitory duration) of &Mica.
The zeal and perfeverance with which Noblemen and
Gentlemen have engaged in this fubjea.and the liberal
and enlarged kale on which their e sperimental inquiries
have been concluded, form no inconfiderable addition
to the numerous other tellimonies of the public (pink
of individuals among us. But—(and, in the develope-
went of an art which has been fo lately raifed into a
(ciente, it could not have been otherwife)—it cannot
be denied that in the ousiverfal extenlion of there land,
able attempts, much inconvenience and 'inherent
merit has, from various cedes, unavoidably ram—
Unfortunately, it did not always happen that the,
Gentlemen who were the molt carnal in their well-
meant endeavours at improvement, polliffed thesis.
(elves, or were Ailed by, all the folid palliest expe-
rience which the profeftional farmer alone can be
matter of and which in every art (perhaps more
In in Agriculture than in any other) mull °ma:m-
alty be called in to corral the exuberances of theore-
tical (peculation ;.and from this it arofe that the woe
unlearned farmer might at times dctea in their ingeni-
ous differtationt, Come (to him) apparent obiordi
tic:, which could give him a fentirnent of difgolk not
to be removed by any aritwalows however plaufible.
The writers ton, as in every new branch of feitnee,
were eager to form mire thioria ; and, on the ground
of having made a few really valuable ditioveries,
would think themfelves entitled to ellablifb principles
on every point of the great fubjeet of their partial in-
veftigations. Hence, from each individual author
fimethiag valuable might be extraeled, but which it
was impoffible to combine with all that was found bell
in the works of the others, or to unites/Pe whole of thcfs
colleted parts together into one general cowls of
praeice. The publications, likewife, were ufually
es Name. and at lalt grew intolerably numerou
" book referred to book ; to leek was not always to
find, and to find was not always to be informed :"
and the merely profeffional farmer, thus deterred by
at !eta their coftlinefs and multiplicity, either was
obliged to confine himfelf to a very few, which of them-
felvesTrobably could afford him but little information
of ton deradk novelty or advantage ; or rejected the
new inquiries altogether, aid determined to " keep in
the fafe track of his fathers before him."
To Mee, therefore, from the almoft innumerable
details and experiments to which the fpirit of im-
provement has given birth, all that was really bene-
ficial, and in doing this to detea the various (entrees
of milapprehenlion which in the different anteater ts
are continually prefenting fuch contradiaory refnits ;
and to blend with the lingered parts thus brought to-
gether, jolt fo much of the old and molt approved
methods as would fupply the deficiencies, and amalga-
mate with the former in to a n uniform and corifienr whole,
was an undertaking which the late of the agricultu-
ral art began every day more imperinufly to demand.
In too many inflances the profeffional farmer aaually
congratulated himfelf that he had not been (educed
into the maze of vifinitsr y improvement, where even
the man of real tale and fcience was loft and be-
wildered amid(' the jarring and irreconcileable de-
tail, of experimenters. 'file nineteenth century could
not ripen mn,e aufpicioufly than with the pet formance
of Inch a talk, if indeed it. performance were piiffible ;
but of this, all who wined their thonghts to the Cub-
jea, defpaired ; and our own twriojo,, much more
than our hope, was excitei by the announcement
lately of a work under the title of " A Csowyere syl.
we of Practical Agriculture, "Wain the uewclt lm-
, provensents I by Dr. R W. Dicastut, of Hendon. •"
This great work is divided i•ito Cations, of which
• It may be proper to °Mem that this U rot the Gertkrnan who
wrote so the Agritaltore of the nacisao, owl dist we believe
this %Ms Mt pullbacks.

•
the ara NOW et die implant* ofte&atotialkie.
in this the merits and testi plonghs, white
drill•machines, hoes, fellation and ratifiers, drags,
barrows, rollers, thrailing and winnowing, laft-bitris
chaff-cutters, rakes, and wbeelearriages ot, every
ddcripti on are digit:Wed at great length, and wits
much intereding and Weal originally of method.
—Section a, is on the fubjea of farm-I:odes and;
offices; and here we find ferm.houfes, barn, grana-
ries Sables, cow and feeding ,houfes. dairies, the
out-Offices, and numerous other buildings, (which
it is annecelfory minutely to mention, as they wlll
readily occur is the farmer) confidered with re
gard to their confiruaion, form, arrangement, and
difpofition, and improvement, in the manner required
by a point of fuch effential importance to the comfort
and convenience, as well as the profperity of every
farm. Seaton 3. is on the too much negk6ed fob-
ice of farm cottages. and the condition of cottagers
in general. See. 4. is of inclofing land, and contains
Come judicious remarks on the great general national
qucihon of inclofures: fences, walls, hedges, Ste. na-
turally find a place for difcuffion in this (-calm:. Sec-
tion S. treats of the condruftion of roads ; and exa-
mines, both mechanically and geometrically, the sines
Lions of the forms and the direaions of roads, end the
forms of wheels s there is much curious novelty in the
examination as here conduced. &Chou 6. is on the
important fubjelt of foils, including that of Ilibfoas s •
and difcuffes the different chemical properties of the
clayey, loamy, chalky, Candy, gravelly, and peaty
foils ; as well as the general nature of vegetable earth.
Section is a truly admirable agricultural and che-
mical diff7. ertation on the qualities and application of
the different kinds of manures and compods, and hall
Lome ufeful hints relative to dunghills, and the form
and conftruftinn of faran•yards in this view. 8e& R.
treats of draining of land, in the different kinds died:
it details lime valuable radical method* of draining
wet boggy lands. In Sea. 9. the fubjea of paring
and burning is praitically and cbensicallfexamine4
as to its areas on different foils and in different inten-
tions. &Alen to. treats of fallowing; and lunch
chemical knowledge is difplayed in inveßigating the
effeas of this protegee by prdscing II degree of we'•
Lowrie's and pulverifation in the fool. Sea. so.is on
the great and primary fobjea of the cultivation of
arable land ; and occupies above Soo pages, nearly
one-half of the work. rn (alien the whole procefe
of cultivation is traced ; from the clearing the ground
down to thelaft Rage to which refinementisas brought
this mod ufefal and meritorious of the arts. It is
imponge to give any adequate idea of the contents
of this &atop, by a tketch only : it may, however,
jolt be obferved, that the !hiking sanders di
of the importance of proper carer gaols is Isero=
amply eonfidered ; and many new and interelling
Ratements on this head ire given, as well as on the
camellia lents of hoofbandry. &aims es is on the
cultivation of gftfs land; and is precifely with re-
(pea to this fort of land, what the preceding &aims
is in relation to arable; beginning with the removal
of obilroaions to the fcythe, and comprehesofing
among others the heads ofmano ring,watered meadow,,
warping. mowing, dm. and aftergrafs, paeans. drin-
king ponds, cow-keeping, draining, grazing. foiling
'and Rall feeding, houfelasnb fuckloog. pleasing ((both
fruit and timber) and woods. Section Is conelmisn
the work, and is on the important fubjea of lift dock.
bat does not admit of fuch a flight ketch as coed*
alone be given here, to fupply say po'p'e idea of

its value.
The general condo& of this estenfive work is truly
'admirable. The Kyle is uncommonly dear and,pre-
I elk ; and while by its Omplicity it is per/eddy adap-
ted to the capacity of every intelligent profeffionel
Edam, even its literary merit alone waft be (effi-
cient to recommend it to the notice of at
Ifispetior intelleassal acquirements. No le alerted
thoot being folly developed and difoodhat and fa.
tisfaaneily &miffed :—the references to fsemsc Oh.
lications, vrithost being fo numerous as to vpelle;
pedantic or ofiratatious, are fetch as may be both
ak-
ful and acceptable : there is no itsceeffioe of mad.
plied quotations; but is each page it ena be ken,
that the author has skilfully esiraded the of
every thing valuable which had bees Rated by peeoe-
ding writers on the point in queßion, blooding togs,
they the relults with the addition of much judicious
and original remark t, while, his own prattical know-
ledge has enabled him. with great fageoity, to cella
whatever is injurious in the fanciful and extravagant
notions to which unreßrainod theory has given
life, and to admit only fo mach of thefe as may (ap-
ply probable and welfitanded hints for future (peas.
lators. It is is this point that the folidity of his
judgment has been difplayed with great advantage
but a very peculiar and a Raking benefit is derived to
his work from the author's intimate acquaintance
with the modern difcoveries in Chewy' ry, and the pe-
netration with which he applies its principles to the
operations of nature in the different procefes of ve-
getation, at the fame time, in fo familiar and happy
a method, as to render this hitherto difficult and ab-
(lmre fubjeft univerfally intell.gible.
We underftand that Dr. Dickfon has Beat test
years in bringing his firlt avowed publication.
" The gathered tendert of a thosfand •11•11111111."
to perfoßion ; and that it has been fevers' years in
the profs. In return, his pains will without doubt
be amply compenfated in feting it become (as it af-
furedly mull) the companion of every prdeffional,
as well as every experimental farmer—to the forme
of whom it will lave the espence of puechafing a com-
plete library cm his art t and to the latter. the
tual trouble of confulting that which,lte may at pir=
priffefs. For our .wa part, we can with the greats!!
fati-faetion recommesd this valuable peudnalon, as
likely to prove of incalculable utility to the win)).
total interefts of the Britifk empire, and as foeming
an era in the hillory at Agriculture.
This work, which will certainly be heneeforward
the STANDattrine a on agricultural fabjeas, has its
praelical utility greatly augmented by the addition of
nearly a hundred large engravings, many of them
coloured from nature ; and may be pronounced, from
this circumilance, as well 3% horn the raft quantity
of printed matter which are cone fined in its two
bulky volumes, the cheapett pnbhcatitto which bai
yet appeared in any department of Art or feline. It
is dedicated, by permilT on, to the Right Hoewerab/q
Lord CAtrington, the Is.e a4tive Piefident of dal
Board of .Igrieulturc ; and it cannot be don
it mutt ay. °lit sin tlc lithice and patroaage
the roast. trad:ral farmer vs .0 ram stemeiniods, as
well as of the riasr IPAIm a among his fabjeas,

PION

Bret:mm*la 111,cntr.

Yeflerday the Ric9insa Made his report of die.
aapital.citil rift. timid fentet?ce of deith in Newgate, to.
his Mayrsee, -
J. Alliett. for ember:M.7 Exchequer BBL, the property of the
Governor and Company of the bunt of England ;
R. Brown Prentice. aUu J. Brown, for 'torte (leafing;
J. Lloyd,for uttering a forged bank note, value I ;
I'. Webb, albs T. Dear, for boric fLealing ;
M. Connor, for returning from trantportutoo;
Tibbs, and J. 'Tibbs, for burglary ;
T. Slaw, for a highway robbery ; and
J. Kemp, for returning from ersorportation.
When R. Brown Prentice, T. Webb and 5. Lloyd,
were ordered to be executed on Wednefday next.
J. Mile% and the others were refpited during his
Isfajefty/s pleafure.

IINFORTIA4V47-B ACGIDENT.

Mr. W. 'Franklin, (fon of Mr. Edmond Franklin,
of Oagateloufe farm, which Rands between the four
mad five mile Ames. on the Edgeware-road, and
Wither to Mr. Richard Franklin, of his Majefly's
Wit), on Monday lan fprnt the evening with his
node, Mr. Morris, of Child's hill, about three miles
from his father's !Inure. and had, dining the evening.
bees playing at cards with his coutit.s. About a
carte before twelve o'clock. he took his leave, per-
ks.* (ober. and mounted upon a pod hone ; but
.. Ilisfetehis departure he took out his money to pay
Sone trilling lanais, which having done, lie had hill
haft one guinea aid a (even !billing piece in gold, and
two dollars. .. -
.AboarAliten o'clock on Toefday morning, a wag-
pa wagering
_along the road, belonging to a per-
ks living at liana liempacd, and when nearly
4s•libe Oagate-lane end, the waggoner in-
t 4:16:1 his miler. who was in the waggon, that
these eras • man lying in the road ; on which be
matt defined to look,at him. which be did, and told,
Wades be wastafie dead ' • when the latter defined
aims to Mice os. About an hour after, a timber cart
POW. Waging to Mr. Tay, of Ricktnattfworth.
Isktio UM ,vomit biagelt. and had alto a man driving
moo, ea .fistfing the deceafek comtnunicased Llse,
nitoilmkrate tohis moaner. Mr. Tay had the body
=Medantlibreorreoyzi, to a roam in
the geawalitretle pnblic
raga was ionastly (et es .foot to find out who
;earfuls was, whoa on the neighbour-
' beedliming t termed, am old sea who came into the
hook -fad. thought it looked lilt Mr. Franklin's
he, and that he woad infiatly go and fee, his bode
net hang more than one mile diftant. On the old
nap reaching Mr. Franklin's hoofs, the fink perfon
boast was the unfortunate father, of whom he en-
"gad if Mr.- William was at home. Mr. Franklin
alfweted that he was at home and was in bed, for
r.. 111 :is fined in the liable. The poor old fellow,
'formerly been a fervent of Mr. Franklin's.
___Limed, v. Goa be thanked, for I was afraid that
_amass be that was fatted dead on the road this morn-
s iit is very like him." Mr. Franklin defired the
OM matt to come in with him, that he might be lure
Was is bed. A fervent was font to his chamber,
who senused with the fad tidings that her young 1
OA* Atli Set been in bed all night. Mr. Franklin
then repaired to the liable, and enquired of his men.
VAbt; cause home t when he was informed
wasfaiwed Rending near the hoofe by,
• -amk thai they bed, nut Peen Mr. William
_,,,Tjte old maatha returned to the public
hattinw, Wialsody by this tune had been wanted anti
eimma4.4lwpockets examined, and a furgeon feat
fa. „Baena benifes were found on vanottp part of
Mollosly s Ms in his pockets Will neither gold nor
ea. Ms. Morris recollefinig the fur the deceafed
lad irises he left them the pteecdiog night occafion•
ad fidiiitioa that he had been murdered, ;ad an en-
quire was monechately fa on feet.
Yillarday an Itmeifition was taken at the CI own
addie.heofe ea the Edgewate-rnad, before Gamma.
lelomestow, Ng. Coroner fee Middlefer, on the body
Mae demaked. The amerce that were C/A01;114C1
lifier••
Tbnmas Bean, a farmer at Rickmanfworth, was
driving his team to town, in company with two
others, at four o'clock on Tuefday morning, when
he citiferved the deceafed lying on his face in the road
twee to Ot lane. He obfetved to his companions
that a man had been run over, Mn 4, on moving him,
he appeared to be quite dead. The deceafed had era
spew of boots sod one fpur, the other was lying
near to him with the leather brr. Len. Witnefs with''
the drivers of two other teams conveyed him to the
Crown poblic•houfe.
Mr. Pains Morris, a bract at Child'! Hill, near
Hendon, 'Rated, that the dee-eared had (pent the
etinftik hrith a party of friends at his father's boufe,'
dining the evening they took o hand at cards, and
be obierved soli and filter monies in the pocket of
the'clecesfed. He left him mounted on a snare at
twelve (o'clock, flaring, that as it was no: far home he
&aid keep the foot way to avoid the din. The
slight was very dark, and it rained ineciantly.
Edward Howard, labourer on the deeeafed's farm,
obferved the mare on which his miller was mounted
the preceding ev:ning !landing at the fartn•yard gate,
'at five o'clock on Toefilay morning. One fide of
her, and alto the (addle, was very dirty ; the near
Shoulder of the bean was silo cut, and the near fiJe
Errol)) hung, over the off fide ; the raw of the fad-
dle was 516) dirty, which left him in no doubt but
that the mare had been on her back.
Mr. Ifaac Franklin. brother to the deceafed. looked
upon the mare to be always fure-looted. He had
traced the bean on to the foot-path from Olgate
lane; and he had alt..) endeavoured, in vain, to find
a place in the bank where
gled in falling into the road.
The evidence beii.g doted, the Puy, after a mi-
ante deliberation, gave a verdia, that the deceafed
bad met with his death by •fa 11 from bit b:rje.
The foot-way, where it is fupprifed the beet fell
down, is about tourfeet above the carriage road. and
by the evidence adduced, there was no doubt but the
stare, after falling down the bank, rolled over the
der:eared, and fuffecated him, a no bruifes of eon-
feq,ence were f and ah,nt Ilk body.
'1 he &crated WAS a fine young man, 3o years of
as-, and much rcipeined by all who knew him.

t i ri~rat zWioL

—tout? or ixa4utyikliew,l*

►i Pt OFPIC I.

wit t 1 motion on the part,of!Won.
EIVI. to proton's the removal of OK Mich ml
from the fituatinn of Board End Clerk cif due
Offwe and to Ibbaitute is hit room, klu
Mr. Cornelius Burgh.
It is the duty of the Clerk tithe Pipe to Male
out lefties of Crown lands by warrant. He alb pre-
pares accounts of Sheriff, &c. aud gives the Ac.
comptant* what is called their rights ffi• Cord Wil.
ham Bentinck is Chief Clerk, aad.Mq. Lowton, De.
puty in this Office. On the death of a Mr. Winter,
the order of focceffion to the doty of Board End
Clerk had devolved upon Mr. Sykes. mid they, by
the authority with which they were kr/retied, 11101111*
nated him to that office.

Mr. RICHARDS, for Mr. Burgh, commented on
the great importance of this office, and on the abfe.
lute neceany there was for excluding ill petition.
front exercifing it, who were unfit for the difcbar?e
of its duties, and then pointed out the peculiar err.
cumitancis which mutt render Mr. Sites incompe-
tent. He fail, be was entered an articled Clerk
at the early age of ten years, that he bad never fee°
the office excepting when be Ggned the articles, that
he had afterwards entered into the army, and that
he had fluter adurdoned this facade% and become a
mesehant with his father at Kingtion upon Hull.—
If loch men were permitted to eater this office, the
fame neglat might be introduced into every other,
and the cenfequences Ina be fatal to all order and
public inilitution. The Learned Count:lth.° read
the affidavits, by which the application was
ed, and included in his motion, the removal of Mr.
Howard, the fat of a clergyman at Sawbridgeworth,
in Het efordlkire.

Mr. L , on the part of Lnrd William Bee
thick and Mr. Lovrton; Metes. Ptural and Dees.
CRY, for Mr. Sykes s and Mr. hitatra.ree Mr. How
ard, refilled this motion, and prof, ced affidavits
to confirm their arguments. They laid, two things
were =army to be &earn :—firß, that Mr. Sykes
ought to be removed from the office ; next, that Mr.
Cornelius Burgh was a proper perfon to be fuhilitot-
est its his room. The oblation to Mr. Sykes was,
that he was unacquainted with the duties. What
were the duties ? In this office there are a &ft and
fecond Secondary, fix attorneys or (worn Clerks, one
Comptroller, a Deputy, :tad his Clerk. two Board.
Etitl Clerks, and a Bag Bearer. The whole learning
required for thishigh office of Board End Clerk, the
duties of which had been fo pompoefly detailed, was
as his dignified title imports, to Rand at the end of
the board and hold the roll while the fuperior" clerks
perofe it. For this eminent fituation not a Milling
had been acquired during eighteen months fee vice,
yet the father of Mr. Sykes had. thirty years ago,
given for this place ao;ol. which by this time, would
have been eqnal to nearly =oaf. placed out at com-
pound interetl. But admitting Mr. Sykes did not
poffefs the learning and fcience required in this of-
fice, it might be right to fee what were the precis*.
lions of his competitor. Mr. Sykes, it was objeaed,
was articled at ten years old • Mr. Burgh, unfortu-
nately for his purpofe, was bound'
almoft as loon as
he could articulate ; he was introduced to this fists.
ation of profound eruditioa at the tender age of liven
years ; and All t o i Burgh himfelf, on whom the
whole wisdom and condat of the office fhould faux
to depend, was initiated under the fame difadvan-
tages, and yet he mate this objection again(! Mr.
Sykes and Mr. Howard, and attempted to place their
nomination ender the controul of this Court.—The
Learned Connie! regretted that there infant dercules
and young Rofcii, degraded by the title of Board-end
Clerks, bad fuel: a world of hulloes to fallain, and
fetch a vaR public Rage to tread ; but they hoped, at
lean, that as far as depended on the competence of
their ferrite antler articles, Mager Sykes and Mailer
Howard would be found at leaA equal in capacity to
Matter Cornelius Burgh.
The Loan Cuter Beams lamented extremely that
fuels a matter was fubmitted to the Court ; being,
however; brought forward, it mull be difpofed of.—
What might be the roper age for perfons to be ar-
ticled to employments in this office, Would, perhaps,
be difficult to determine; but certain it was, that the
age of (even or ten years was much too early for
fuch a fituation. It was afferted that the perfon nn.
maimed was unqttalified, and the motion not only
was intended to remove him,bot to tubllitute another
equally unqualified. Under thefe circumilances, the
Court could not interfere.

The three other Judges concurring in this opinion,
the Kale was ditcharged.

OOVRT OF KING'S BENCH. NOV. s 4.
N AAAAA PPIILII.IIOII, 1110,.
. _ .

This gentleman is a Lieutenant in the Navy, and
is appointed Commander cf the Sea Fenciblet in
Glamorganth:re, he himfelf mfiding at Sketty Hall,
in that county. It will hb recolleitted, that we
gave an account of the trial on which he was found
guilty. Tome counts were inferted in the indiament,
and a (*pees! 'Melia was given, acquitting him on
the three OA and applying the verdia of guilty
only on the /aft. This count charged him with fend-
mg letter, with-the intent to provoke Rees Coring
Thomas, Eft to' fight a duel. The objectionable
words in the tter were: ult is fulficient for me to
tell you, that in the whole of the Carnsarthenfiiire
routine(' you have behaved like a blackguard."
Mr. GARROW prayed the judgment of the Court
on this Defendant.

When At appeared en the floor of the Court. his
Solicitor produced two allidavits, the one from Cap-
tain Charles Wollafinn. Rating, that his perfonal at-
tendance wat requited on Ms public duties, and the
nther from Mr. Manicl Phillips himfelf, depofiog to
a &dons provocation by Mr. Rees Goring Thomas,
who had ofTered the indignity of taking by the nofe
one of the friinds of the Defendant.

Mr. Cs:mutts, nn the pert of Mr. Phillips, inked
of adchcfling the Coon in mitigation ofpunifhrnent,
as is nft.4l in filch cafe., moved for a Rule to thee
raufe,.hy judgment fhould not be welled. He kid,
he had a right to argue, from the finding of the Jury
on the 1411 count only, coupled with the evidenCe,
that the letter Wilt* did not convey the meanin4
Rated in that count. only motive affigned i
this count Ives, that he did coJeevour to provok
Rees Goring Th-quas to fight, but tl er: seas no ter.
timuny vthestever to thew, either tLat Mr: Thaw •

yi,

at= :11.0 (7 V or that Jae.
ittriet.
Appear lie natare optAt 4
its
runaltaitoes eit..the enideciee. At Ahe sminalisctlama
ante only a lblitiattien to edllansit a t
;which was Wier Carried Into Weft. IrriZr 2
1,,,, neceffarily, that the mildeniewaur,wooldlaseqgp-
ttlitted- The only cafe where the party wouldheroteg
dered amenable, is, where the'inrention was fo sr
parent that no mifconftruetion could strife. It wee,
therefore, found upon the books, thatiubiosatioa Of
perjury. and a Mali homing his omit hours. were
among the few cafes that came under thicdillineliews.
for no polffble doubt could milli of thewialigoaOt in
teation of the party. The Learned Counfel faid. It
was a propofition be would be bold wash to fop.
port, that a perfon might, with very meritorious'
motives, provoke another to fend A Challenge. To
pars judgment in the prefent inflame,* mull be cep..
parent that the intention was not either meritorious
or indifferent. but that it was to violate the laws.—
Suppofing the Defendant, from the (liecimen of the
aggreGon by Mr. Thomas, noticed in one of the
a6davits, had confidered him a very Inarreifome
perfon, and to prevent the public peace being dif-
terbed, was determined to use every means in his
power to oecafion his being bound over -to keep the
peace ; the Defendant. with this view, -would fend
precifely fuck a letter, and the moment he received
the challenge from Mr. Thomas. be would refort to
the prettition of the law in the form jull adverted to.
In loch a cafe, the intention might be- meritorious,
and on a lets favourable conftruElion, mutt at teal)
be admitted to he indifferent I no interition ,could be
inferred contrary to law, and their Loidlhips could
imply no fuch intention. In the books it appeared
doubts were entertained, whether a challenge were
a mil-demeanor', and the ground on which it was fo
ennfidered was, that a challenge was a breach of the
peace; but in the prefent initance this ground was
removed ; and as nu tendency to biesi the peace
could be inferred, ho tendency entdd be taken to
cid& It was a neaeffary ingredient to conflitute the
guilt in a provocation to a challenge, that the party
giving it fhould intend to jib. This potation might be
maintained from the cafe of Leer's and leafier, re-
ported in Popham, 153, where the Pleintiff's Ism
thcr called the De'endant a " lectenapts," which
being told to the Defendant, the latter Paid (accord-
ing to the fpirit of chivalry of thole times) if he mot
him on horfeback, he would fight him. This was a
cafe in the Star Chamber, and was much nronger
than the prefent; and the Judgment concludes with.
!taring the isuarim, with4mt which there could be no
roifdenwanour : o And fo it feems -111 intended IS'
fight." Oo there grounds the Learned Cosmic' sr-
good that judgment could not be pronounced.
Lord ELIANSORQUON.-44 If you obtain a &dem
thew cattle, the Defendant mud be committed in the
mean time, unlefo the Ccunfel for the pro:4%44i=
should content to his continuing at large."
Mr. EISKIJIS." I can have no objeetion. my.
Lord, to grant any indulgence the Court null Wait
tit, on the prelent occallsni."
Lord E LLLLL otocon.—.' Let the Rule be drawn
up, and the Defendant mull attend when it is ar-
gued."

THI CMG O. MB COYINISSIOIIIILS Of Till kiimoa or