Star.
London, England, 1807-03-19 00:00:00

IFREEHOLD ASSPTS DILL.

The SOLICITOR CFNERAL moved the Order of the Day
for the third reading of the Bill for rendering the Freehold Pro-
p:lly of Peron who die infolvent, Afros for the Payment of their
Simple Contradt Debts.

Mr. TUFNELL role tip nppofe the third reading of the Bill. He
raid, that he did not driebt the prefent Bill would operate in a con-
fiderable degree to enlarge the credit of Freehold Proprietors, and
facilitate the raifing of large (urns of money, which, to many,
would be a confiderable lnurce of profperity ; but at the fame time
1 it mutt obvioully be prodedlive of confiderable inconvenience, and
' in many cafes of much ntifchief to the creditor, who having no
means to come at any precife knowledge of the debts already due
by the freehold proprietor, or the fettlements made upon his eftate,
would feel himfelf much difappointed, upon the demife of his
debtor, to find debts to a much larger amount than he expedted
charged upon that property to which he looked for his (=thy.
This would neeeffarily give rife to litigations without end, and let
the new creditor upon endeavouring to find out flaws in the fettle.
ments which preceded his claimcwith a vi:w to let them afide for
his own advantage, aril thus, in many inftancee, the creditors, for
whole fecurity this Bill was avowedly d-figned, would have juft
reafon to complain that their property was injured rather than
reeved, through a meafure which would teach them to advance
large fume, and to rely often upon a bellow fecurity. He thought
too, that it was unfair to place the freehold property of the country
on fuck a footing, while the copybold was exempt ; and peculiarly
fcvere to involve the whole of the former, merely for the faults of
a few men He wag convinced the Learned Gentleman who in-
troduced this Bill was amply competent to devife means for bit
purpofe much more eligible He concluded by evprefling a Dope
that (nine further time would he given for the better confideration
of a fubjed of fuels importance.
The SPEAKER obferved, that in the prefent Rage of the Bill
it was too late after it had heen engroffed, to have it recommitted.
Mr. SIMEON defended the Bill. He Rated that the prefent
Bill was not a new idea of the Honourable and Learned Gentle•
matt who brought it in, but tied a Bill fimilar to the prefent, and
ftill more extenfive, as including Copyhold property, was brought
in, in the year tyre, by a molt learned Lawyer. Mr. Ambler, and
bad pared through that Houle at a time that there were a great
many very eminent Lawyers who had feats there. It was loft
afterwards in the Lords, in a very thin Hosife, when (even voted
againft it, and hut five for it. He could eafily ftate many cafes of
the molt revere injultice which could he pradlifed under the pre•
fent law. Country hankers might purehafe landed caste* with the
money of other people, and tittle eft ars would defeend to their
heirs free from all their debts as bankers. As a Matter in Chan.
eery. many cafes came before hint, where (Telma for confiders.
able funs Rated that they did not think it worth their while to
prove their debts, as they had nn fpecialties, and the property of
the deceafed was principally in landed eftates. He confidered this
property of freehold eliatts not being liable to thofe debts, as a
mere remnant of antiquity that had been kept up long after the
rearms of it had ceafed.

'1 he MASTER of the ROLLS, in a very long fpeech, contended
againft the arguments of the lot Speaker, and maintained that it
would be a dangerous innovation on the exitting lives of the
country. If we were to find fault with any thing merely for being
a remnant of antiquity,and preferved from feudal times, we mutt
egregft the whole fyftem of. ur laws. It was only from the feudal
fyftem that the diltindion Belt note between landed and perfonal
property. That diftinefiiien was not known to the Roman law,
nor to the laws of the Saxons. The principle of the Bill went to
remove this diitinetion altogether, and although the indent Bill
did not go fo far, yet, if he were to vote for the prefent he did not
fee how he could withhold his vote from another Bill founded on
.the fame principles. The law at prefent rays, that no man shall
alienate a freehold except by deeds executed in a certain form, and
that he fhall not charge it with debts except in a certain manner.
If then be dies without executing the power and controull that he
might have had over his freehold property, the law gives it to the
heir unineumhered, and the heir enters with a legal right, as ftrong
as the tenant in tail would do after the death of the tenant for
life. The laws anatural juftice were not applicable to the quef.
don ; for it was not natural juftice, but the law of the land,
which allows a man to ditpore of his freeholds after his death. It
could not he faid to be contrary to natural juftice, if it were the
law, as it was formerly in France, that a certain portion of a man's
landed eftate, mould defeend to his children unineumbered by
any debts, and not to be revoked by any deed or will, It was not
contrary to natural juftice, that a widow mould receive, as her
dowry, an abfolute third of the whole eftate, although it might be
charged with debts beyond its real value. The principle of the
Bill, if carried to its full extent, would (hike the foundation of the
fecurity of marriage fettlements, as the man who propofed to fet-
tle cßates on a Marriage, might owe debts equal to the whole value
of the eitates. He confidered that the commercial credit of the
country Rood now en much higher grounds than it did in former
ages ; and although„ was highly liberal in the Ar iftocrsey to con-
tent, in the reign of Edward the Firit, that, far the benefit of com-
merce, lands might be charged with fimplc contradt debts, by
whoever mould fue out a Statute-merchant, yet that writ was
never now retorted to. The privilege of Parliament was now
much more in favo.ur of Monied Men than of Landed Gentlemen,
beeaufe the profitsof land could be got to the laft (billing by Ve-
gas ; whereas there was no means of touching the income from
funded property, which any Member of that Houfe poftelred.
After repeating molt of the arguments he had ufed on a former
night, he concluded by oppofing the Bill.
Mr. WYNNF. faid, that in this country the molt defedive law
was that of Debtor and Creditor; in no nation was property fo
much proteCted and the perfon fo much expofed. This Bill would
partly crated that grievance It was improperly objeCted, that
marriage fettlements might fl ill defraud creditors, and therefore
ought to have been compelled in the meafurc. Honourable Mewl
hers teemed to forget that a marriage fettlement was a purchafe for
a valuable confideration

Mr. NICOISON CA INF.RT &dared. that he had converted
with revere' upon thia fubjed, but he never heard of fuch frauds
a* had been alluded to this titght. The men of landed property he
now heard reprefented as being the rich and the opprelrurs; and
the commercial part of the community were fpoken of as a poor
and diftreffed fet of people. The very reverie of this be believed
to be the fa& The landed property-then were the seep, whom
the Miniftcr, whoever he was, could cant), lay hold of and weer
at pleafure—when, if a Minitter attentred to laq his hands on any
particular branch of Commerce, there were rncetinp in every
Coffee-houfe in London, and in many cafes, they dosed from
his grafp.

The LORD ADVOCATE of SCOTLAND highly approved
of the 'mature. In Greece and Rome, in every venerable political
emftitution of former times, an 3 throughout the whole of modern
Europe, fuel' a law as was now propofed eaifted, therefore in (up-
porting this Bill, he only attempted to accommodate the law of
England to the jurifprudenee adopted in every part of the world.
Mr CANNING eartteßly hoped, that Ws Bill would not pats
into a law. It was no conclufive argument with him, that landed
etiates were lets proteled in other countries, and theretore ought
to be lets guarded here. By the peculiar eonftitution of nor laws
we had been preLrved, while others had been consigned to
utter deitruftion. There were three points to be confidered:—
a. What Is the evil to be remedied a. What is the remedy pro-
pored? 3. If it were too comprebenfive for the obJedt it'propoted to
effeet r All there the booourable Member tcparately and collec-
tively confidered.
Mr. JOHN SMITH approved of the Bill ; and after a few
words in explanation from the laft Speaker,
The SOLICITOR-GENERAL entered into a minute emmi
nation of all the objedions to the Bill. He Rated the numerous
cafes of mifebief sgainft which it was to provide, and in a Rile of
powerful oand animated Worm commented on the obferration,
that the ariftoeracy of this country, dinhaguithed for its exalted
(titre of virtue and honour, could oiled to a Bil I, the objedt of
which was to render their eftates liable to their .own debts

The MASTER of the ROLLS, and the SOLICITOR GENE-
RA!. having feverally erplained, the Houle divided on the clue.
tion of the third reading, when there appeared, Against it 69
For k • 47
Maturity
The ether Order, were then d➢fpofcd of and the Huufs ad-
journed at Ors o'CLoeit this morning►

THE EVENING STAR.

LONDON.

THURSDAY, MARSH z 9.

PRICE OF STOCKS THIS DAY AT ONE O'CLOCK :
Confols, for money 64}—for April 6 tf—Ornoium if
Exchequer Bills, par ..,. Is di(
3p. Ct. Red Ann. thus I Imp. Ann.
3 per C. C0nf.64:4 India Bonds, 31 41. prem.
4 per Cent. 0114 Exch. Bills. i s dif. par
5 per Cent. Navy, 9.if 95i 96 Omniurn !If prem.
Long. Ann. that Lottery T:ckets. :91 171.
Shan Ann. that Confute for acc. 63*

It is not yet in nor power to (late to our Readers,
the refult of the differences that have arifen in con.
fequence of the Catholic Army Bill.
His MAJESTY yefterday arrived in town, when a
Privy Council being fiimmor.ed, the great queltion
was again the fubjed of very ferious difctiffion.
The Council met at halt RR one, and was at-
tended by the MASTER of the Hoasa, the Loan
CHANCELLOR, Lord ELLENBOAOUGH, Earl WIN-
CHELSEA, the Earl of AYLE2FORD, Lord GREN•ILLE,
Lnrd HOWICK, Earl MOIRA, Lord HENRY PETTY,
the A&CMIIISH,II, of CANTERBURY, and Mr. WIND
HAM and Mr. Boon. At four o'clock the following
went away : the ARCHBISHOP of CANTERBURY, Earl
MOIRA, the LORD CHANCELLOR, the MASTER of the
HORSE, VISCOUNT Hooka, Lord GRENVILLE, Lord
Ezmiaottouon, Mr. THOMAS Gaaaviszr, Lord
HENRY PETTY, and Mr. WINDHAM. The following
Noblemen remained with his MAJESTY till five
o'clock, viz. Earls Wtacos Wt.% ArLasroaD, Lord'
HIATHFIRLD, and Mr. BOND.

To pretend to (late all that is reported to have
pallid at the Council, and in different conferences
among the great, would be to impofe upon our
Readers. We can only give what is confidered as
coming from the leading men on either fide. but
which is only fa confidered, from its being what is
circulated among their iefpeetive conne&ions.

On the one fide it is faid 44 That if the prefent Mi
niters be removed, it will not be in confequenre of the
rtfination of the pefent Miniflers ; that agreeably to
what was hated in Lord Howices Speech tan night,
a future explanation of what has paired will be given
to the Public—an explanation which will accord with
that confitlency and opennefs of charader which has
marked the conduk of this Government from the
origin of its exifience, that every difpofition has been
!hewn on the part of his Majelly's Miniflers to accede
to his wifhes, and to make every conceilion that it
was poffible fur them to make confluent with their
characters, as loon as thole willies were made known
to them ; but having fu done, they found, themfelves
further called upon to enter into engagenvnts as to
their future condul under all poffible contingencies
—engagements which had not been exacted at the
formation of the Government, or even intimated,
and which no public man could poffihly be junified in
entering into, as it might involve the very exiflence
of the country."

On the other hand it is faid, " that his MI JESTeI
withes ought to have been known before Rich a quef-
tion was brought into Parliament; that from events
that took place fome years ago, they could hardly
be fuppofed ignorant of his Majsrry's opinion ;
that no pledge has been now required but what
might have been fuppofed virtually to have been
given, (Co far as refpeaed any meafure of the
kind that has produced the prefent mifunderaanding,
by their acceptance of office after events that
mull be in every one's recolleaion, without any Ri.
pulation on their part to be permitted to depart from
that principles which have hitherto guided his Ma
jelly's Government ; and that even the Miniaers
themfelves are not agreed in the propriety of the mea-
fure,feveral high characters among them difapproving
of it as threatening danger to the Conftitution."
We offer no opinion of our own. We are more
anxious to Rate what the parties themfelves circu-
late on the queßion, that the public may be_able
to form an opinion for themfelves.

We lall night received Hamburgh Papers to the
7th, and Dutch to the 14th inclufive, from which we
have made fame extracts. There is nothing new
from the theatre of war. There is no truth in the
report of Bomarmere going to Paris.
It is laid the Ruffians have had fame fmart aElions
with the Turks, and are marching towards Confian-
tinople. It feems probable tbat Dalmatia will be the
fcene of important operations.

Yelerday the Petition relative to the Weßminfier
Eleaion was voted falfe and fcandalous, and Drake
was fent to Newgate.
Mr. Burr, the'Serjeant at Arms, arrived in town
yellerday morning from Edinburgh, where he had been
to fummon three of the Judges of the Court of Seffinn.
Sir Ho/411 Portiere prefented himfelf yetterday on
'Change and at Lloyd's. At the latter'place, being fnon
recognized, he was received by the Gentlemen prefent
with three cheers. Sir Hord @Ponta ss returned thanks,
and, in a (bort fpeech. Rated there was no doubt that
Monte Video was taken, for he could have taken it
with 300 men. He retired amidtt the cheers of the
room.

Monday a General Court Martial afiembled in
Edinburgh Cagle for the trial of Lieut. Ross, of the
72d Regiment, on charges brought againit him by
Lieutenant Colonel Hay, commanding the Regiment.

We have pleafure in being able to (late. that the
kneels ot,the new 0x5..,x0 Itivtzw, has far exceeded
the MoR fanguine expettations of its proprietors. A
Ready file, of from two to three thoutind copies,
pramife► a long and profperout exidence.

NATI 'CAL INTELLICP. YCE.

FALMOU ru. MARCH 16.

Arrived the Nimrod cutter, from off Ufhant, fhe
left the fleet all well on the loth indant.—SAiled
the INSOLENT gun brig, LieutenAut Moak's., fur Ply-
mouth.—Wind N. W.

PLYMOUTH, Mkroti 17
Came in the Itivewae, of 74.10n5, from Roche-
fort,to refit. The SUPkRII, of 74 and the others
of the fquadron, are expected herein refit. Soiled
the BOADICIA, of 38 guns, to join the Channel Fleet;
Lear WARREN, of 18 guns, and the Virse, of 4
guns, to the Eallward, with a fl:et, under cotoroy.

PORTSMOUTH, MARCH 18.

• Arrived two brigs from Poole, bound to Lilon.

DEAL, MARCH 18.

Arrived yefterday evening the Ex, coma bomb
from Purtimouth, with a convoy confiding of Coati
ing and Swedifh veffds ; the latter have failed for
Sheernefs to join convoy for the Baltic. This motn•
ing put back the FURY bomb, with the tranfvorts and
outward-bound vetfels under convoy, which failed
from the Downs on the 15th infant ; alt.() the lord
Hawkefbury and the Surrey Eaft Indiamen, and re•
veral other veffels, which failed from the Downs laft
night —Arrived the ZEBRA bomb from Portfmouth;
PHOSPHORUS fire trail, RAILLEUR !Nip of war, Irr-
Tactic ENT gun brig, and feveral other cruizers from
off the French Coati, and remain in the Downs with
the (hips as per lA.—Sailed the FLORA frigate for
Portfmouth. Arrived the EARL SPENCER cntter,
from Dublin and Scilly, with a convoy, which are
failed for the River. The EARL SPENCER remains.
HULL, MARCH z 6, rttor.
Yefterday and this morning a large fleet of ve-
ldts failed from this port for the Baltic.—Since our
laft the following veffels have failed from hence for
the Greenland and Davis' Streights whale fi(heries,
viz.—For Greenland, the Minerva, BURR ILL ; the
New Manchefter, HUNTER ; the Sarah and Eliza-
beth, Ewaasx ; and the Emperor, THREADOoLD.—
For Davis' Streights, the Symmetry, Cloughton.
On Saturday morning, the Aimwell, AGAR ; and
William and Mary, Joint:ow, failed from Whitby,
for the Davis' Streights fifhery.—Alfo the William,
joHNSON, for Aberdeen, with a cargo of coals, taken
out of the Neftor, of Sunderland, which having re-
ceived damage in entering the harbour, was obliged
to deliver.—Several fifbing cobles, belonging to Ro.
bin Hood's Bay, were at fea at the commencement of
the heavy gale, on Wednefday week ; the whole of
which, with the exception of one, with difficulty, got
fafe to the fhore : the latter was picked up three days
afterwards, to the fouthward of Scarborough, from
which it is concluded, that the people belonging to
her have been drowned.—By accoun:s received from
Scotland we learn, that in a violent gale of wind,
about Chi jamas, fifteen Elting cobles belonging to
Lnngfound, were caught at fea, the whole of which
were loft. Out of fifty-one perfons, of whom their
crews confifled, only one was feted.
The brig Q2een of Harvei, EDWARD MANN mailer,
bound to Newcaflle, has not been heard of fince the
dreadful gale of Wednefday the 18th ult. About
four o'clock in the morning of Wednefday fe'nnight,
the brig London Merchant, belonging to Woodbridge,
JOHN PAIN a, matter, bound from thence to Newcattle
with potatoes, was (ruck by the Item of the (hip
Eleanor of Blytb, and (Love down to the water's edge,
clofe in with the cheek c,f Robin Hood's Bay, on the
York(hire coati, and a quarter pail eight o'clock, the
wind blowing hard, accompanied with (now, the brig's
company providentially took to their boat, and in a
quarter of an hour after, the brig funk in deep water,
about two miles Eaft of Scarborough Caftle. The
crew mull inevitably have been drowned, had not
their fituation been perceived on (lore, when a coble
and crew went to their affiftance, and towed the boat
into Scarborough harbour.

Yellerday his MAJESTY came to town from Wind-
for as ufual, and held a private Levee at the Q.teen's
Palace at 2 o'clock, which was attended by
The Archbifhop of Canterbury, the Lord Chancellor, the Lord
Prefident of the Council, the Lord Privy Seal, the Firit Lord of
the Treafury, the Chancellor of the Exchequer, the three Secreta-
ries of State, the Matter General of the Ordnance, the Firlt Lord
of the Admiralty, the Lord Chief Jutlice cf the Court of King's
Beach, the Judge Advocate, the Lord Steward of the Houft hold ;
Earls Winchelfes and Carnarvon; Lord Heathfield; Admiral Do-
met, General Finch, Meffrs.Plerrepoitit, Fawkener and Fordyce.
Mr. PIERRITOINT was prefented to his tvlaissrv,
upon his return from his Embaffy to Sweden.
Admiral Dorssr and Mr. FORDYCII laid before his
Msjssry the 7th Report of the Commiffioners of
N.rval Revifinn.

His Majsrrr held a Privy Council, and gave pri-
vate audiences to moll of the Cabinet Minifters.
The RF coßDez of London attended, and made a
Report of the following thirteen capital convisfts
under fentence of death in Newgate, viz.—
J. Wood, W. Marfden and J. Butler, for ftealing goods and
monies in dwclling-houfes;

Patrick Prendergaft, fora burglary in the hritife of G. Bell, at
Edgeware ;—J. Williams for returning from tranfportation;
T. Jones and R. Gagg, for highway robberies;
J. Field and T. Ward, for Realing three calves ;
Elizabeth Stracey, for houfebreaking ;
Frederick Smith alias Henry St. John, for ftealing a Banknote,
value 3ocl ;

Catharine M' arty, for uttering counterfeit money; and
Mary Crawley, for lop —When Patrici Prenderge was ordered for execution
on Wednefday next— l'he others were refpited during
his MAJESTY'S ple.tfore.
Neither the men for the robbery at Ponder's End,
nor thole convided at the tall &Ilion, were reported.
Mr. Bono, the Judge Advocate, laid before his
MAJISTY the proceedings cf feveral Courts Martial.
His MAJESTY left the Qt2een's Palace for Windfor
at five ''clock.

Earl Spew CU was at Court yellerday, for the &It
time fence his indifpofition. The Noble Earl's com-
plaint is bilious, and has very much reduced him.
General CILOSBIE died yenerday, at his houfe in
Seymour.dreet, in the 53d year of his age. By his
death the Colunelcy of the 53d Regiment becomes
vacant.

The Oratorio, WI night, was crowded with falhiqo ;
the performers ezer►ed ►hemfclves to the utmott ; and
the audience Chewed their fenie of Meths. A s nt.e
exertions fur their entertainment, by repeated p udits.

ASSIZES.

The A Mzes for the county of Surrey were opened
eller, ay by the Lord Chief Baron MACDONALD, and
Er. Jultice HEATH, at Kingflon. The calendar, in
r lin ber of prifoners and enormity of offences, is un-
eonalled in that county. Independently of robberies,
b rglariei., and almoft every other crime, (even are
in the calendar for the foul crime-of murder, who will
be tried on Friday and Saturday.