The Statesman.
London, England, 1812-11-17 00:00:00

THE STATESMAN

telling me that he had • seen them enter.---(kor.
friend, Don Lours Anoints, tails me, that there
was nothing particular, but want and misery, and
tha discontents of the imoplet because. jellies is not
•
administered, and they are eager for the arrival of
the Great Lord and his Mow. With respect to the
prisoners, he adds no to the intelligence brought
by the former courier, who said they had arrived ;
and 1 wrote you word so, but you perceive I am not
In fault, If I was deceived.

mmo• pi•m•

[INON TEE EXACTO CORM DI ESPANA. EN LA

CORONA, NOT. 11.]
By the last letters from Castile the Intelligence of
4,000 French prisoners, taken by Gen. BALLASTEMON
having arrived at Madrid, and add that more are ex-
pected, taken by one of Gen. Htzt.'s divisions., The
city of Madrid has now the pleasure of containing its I
liberator, the celebrated WELLINGTON, and with his'
aid and presence the utmost efforts of the proud ene-
lay are not to be feared. •
The French are in a line from Palencia to S. ,
Isedvo de Duveas, on this side the river Carrion.
The Allied Army, from Buenas to the bridge An-
guarin of Palencia, on the other side of the river,
forming a line of battle. Daring the retroceding a
very lively fire has been kept, but yesterday and to:
day it has been suspended, by mutual agreement, as
is said. It is believed the French are' about 50,000'
men, and it is presumed SovzT and MAULN A are
with this army. The day before yesterday the Eng-,
lish were surprised while destroying the bridge of
Tariago, and, as'is said, 150 of them taken. It is
said the English have cut off and made prisoners
600 French. CASTANOS. drove back te#, columns,
which attacked hint in Palencia, and preserved
the line with the banks of Paramo Colmenar de
Ramuez Real Canal to Villavauniel.—We are igno-
'ant if he will there give battle. The French have
extended themselves, robbed all the towns, &c.
within a league and a half of the high road, and
have committed some murders.

We have this day received some extracts from the
American Journals ; and, in addition, we have the

painful information that the tribe of Albatu-se have
declared in favour of the Americans, end, according

to their murderoui system of warfare, have already
committed horrible excesses' upon the British de.
lachments in the vicinity of Montreal.
Halifax Papers to the 17th Oct. and New York
to the 9th, both of which are very barren of intelli-

Bence.
~
[ram* the NEAP TORE PAPER, OF THE BTH OCT..'
Extract of a letter from Suettel's Harbour, Septi.
242—" Last evening an engagement cook place liO+l
tween our troops in this quarter, and the British., in
which we took -10 prisoners, 70 stand of arms, and
t four barrels of powder." ',
I. , t
[FROM Tut !FSLIC ADVERTISSR, OP Ilk?. 20.)
An account of the arrival of Admiral Sirl. 8.
WAnacv upon our coast, with 's. fleet of six skips
lof ;he line and 12 frigates, is premature. Why,
I let him come—when we were not quite so big, Ad-
miral Gasvzs did not frighten us. From Havannab,l
a Spanish schooner, De Belem, arrived at Charles-
ton on the 16th instant, with about twenty-Az
i '
'American Officers and liftmen; left the Havannab
on the 7th instant: news bad been received at the
i Havannah previous to the sailing of the De Beier*,
from Mexico, that the Revolutionists had been cons-
' pletely defeated, and that, in consequence, the in-
tercourse between Vera Cruz and the interior had
' ; been again reestablished, and several convoys of
money had been received at Vera Cruz.

In reviewing the political events which are daily
crowding upon us, it is impossible not to be mere
than ordinarily struck with the present state of
Spain. An overstretched mannsuvre on the part of
Mattison; the quickness of Lord lVtr.uxorou in
taking advantage of that error, and the valour of our
troops at the battle of Salamanca, brightened up the
-prospect as ft) the-; final issue of the atrugple luthat
interesting portion of the globe. the moment was.
auspiciously important ; and why it was not taken
advantage of to bring the contest to a happy terns'.
nation is not less important to enquire.
The progress of knowledge in Spain has, no doubt, ,
beau very slow; the clergy having an interest in
stopping its course by every possible means in their
power, because it is dangerous to their order. By 1
keeping the mental faculties of man in imer..ittary
bondage, he is rendered more docile and submissire
to the will of political tyranny. Thus Religion and
State-craft have been invariable in their efforts to
play into each ether's hands : yet it is fair to con-
clude, that the misfortunes to which Spain has of late
been subject, have induced her inhabitants to reflect
a little; and those who do think at all, Must reason
also. This natural conclusion induces an enquiry,
why they have ant taken advantage of the exer-
tions made by the British, *itt what' we are in the
habit of terming—" the cause of Spain 11°.
Ts this question du Career will be found ift'eeetettt.!
tinual endietroisrs to re.eetablish the old orikligt
things—to re-establish the HOLY latuisilioxlisfill. its
tormenting ensiles:, arid,the feudal end -settiAe.
saiimbing donassotioss of the•Giemy and Nobles. Dues
it is conteaded by the promoters of war, that the
'Spaniards are with us; that they are "proverbfaily
brave; and that they have fought like men who have
their emeitfryll welfare at beset. Let us enquire •
little into this. We art constantly told of the first,
, the second, the thirdithe fourths Oft fifth, the sixth,

and the seventh Spanish armies. Where are they ?
what have they been doing, and what are they doing
now? They 'alit upon. paper, it is true; and if
seven hordes of strollers constitute seen armies, why
thee we must acknowledge that they exist in reality.
Do not startle, Reader at these seven armies being
designated seven hordes of strollers ; for if proof can
be given of the fallacy of our position, letit come forth.
We have had a puissant British army in the Penin-
sula upwards of four years, commanded by men
equally tamed for bravery and military skill. We
have seen that army traverse the Peninsula divers
'times, almost from one extremity to another; some-
times in pursuit of, and sometimes pursued by the
euemy. Battle after battle has been fought, marked
by every feature of courage arid slaughter-like de-
vastation. We have seen sieges commenced, and
ended with varied success. Towns have been sacked,
and villages and fields committed to the mercy of the
all-devouring flames. And what have the Spaniards
been doing all this time ?—They have been looking
on, or fiying from the friendship of this or that
party ! With lion-like courage we saw Lord War.- '
uncross pursue the retreating foe from Santerim, .
whose compact columns were circumvented with in-1
struments of death. We saw him proceellOon his
victorious and cautious career take renowned Saisi-i
Dunce, where be gained a victory, which has placed
Ms name among the first heroes of the age. We
have followed him. and his brave companions iu arms
I.to the capital of Spain, where he was welcomed
with innumerable huzzas ; and if his army, whose j
strength had been attenuated, partly by victory end
partly by 'reverse of fortune, could have been re-
waited by hutztu, he would soon hare been in a power-1
fel condition ; bat shouting, and not, fighting, was the
object of the good people of Madrid. We saw his I
Lordship, with 25,000 victorious troops, pursue the
shattered remains of MARZIONT'S once fine army to
the walls of Burgos. We saw him commence the
siege of that place, which was defended by 2000
men only; and, after having sacrificed thousands ofl
his brave followers in a fruitless attempt to take it,
we have seen him compelled to raise the siege, and
to measure back his steps, for fear of being sure
rounded by superior numbers, at an immense dis-
tance from his supplies. And what have the Spa-
niards been doing all this time? They have been
looking on! ! And where have bee* the seven Spa.
nish armies P They have been skulking among the
mountains, or prowling in the plains!! Ansi,what
have the Spanish Government been dieing? The'
',rove the redoubtable Cortes ; 0, they hive {lean
debating
debating very gravely and very learnedly -about the
re-establishrient of the Inquisition; who should ob.
thin the meat lucrative places ; and kmss to preemie
the British from trading &South 4n:erica! !

Mal

--;,

Another Gottenburgh Maii arrived lasi' night.—
The mamas brought by it from the armies are not, •
however 2 of so. recent a date as those already pub.
Liebe& It ivas reported at Gottenburgh that the
Russians had entered Warsaw.

Lard Met = held a Levee this day at the Ad-
miralty, which was munerously attended by Naval
Officers.
Dispatches are making up, and Will be sent out
this evening from the Government Offices, for the
West India Islands.
Captain Lesitcs, of the Navy, arrived this morn-
ing at the Admiralty, with dispatches from the Cape'
of Good Hope. They contain no yews of Import-
ance. A regular dep6t has been established at the
Isle of France for the purpose of refitting and .victu-
ailing our navy in that part of the Globe.
The Adventure packet Is arrived from Halifax
with a Mail. She sailed on the 21st ult. The let-
ters and papers brought by her have not yet been& ,
livered.
By this conveyance, dispatches from Sir Joan
WAILIUM were received at the Admiralty. The par.
&whirs they contain are said to be not, very interest.
rsts, smeept that informatiou had reached Ralik*, of
the President frigate, with the notorious Commodore ;
ROW/LW on board, having put to sea.
Lthaalmen notified frem the Admiralty that Go. •
vernment has, at iength signified, that from the peeu-
llar situation of afairs in the neighbourhood .of tho.
`Baltic, the protection of his Majesty's- skips of afar
will be granted later than Wad Intended.:
A French Officer of distinetien latdy.sailed frees
Flyntoath In order to be hooded on the coast eh
;Trance. It has been reported that his object was to
head an insurrectioa in favour of the Holmium fe.;
mily. What troth there may be in this rumour no
knew not, but the following is the manlier in which
!-the departure of the Officer is alluded to in the Ply-
mouth Paper received yesterday :—" Conjecture
has been very busy relative to the object of the
French General, who sailed from hence ii, the:draft:el
frigate, on Thursday se'astight. We apprehend that
he has ben landed In Quiberoe Bay, where a strong
force is organisingender the Bourbon banner against
the Corsican.
We understand, that in consequence of the great
arrear which has been suffered to accumulate in the
department for military accounts, a plan has been ,
reflood by Lord Yetmeritredlt, by which the cor-
respondent* and miscounts, relative to corps of regular
infantry, have been placed ander the superiuteikdance
of Jona STUART, 'Esq.
Orders bare been received at-Woolwich for the
' @embarkation of a eompeny of artillery for Jamaica ;
'aid another company has received the route to em-
bark at Gravessed, for Barbadoes.'
Detachments of the 9thr 11th,-126, and 16th Light
Dragoons, have embarked thieweek ; also of the Ist
amid 2d Heavy, and Ist and 241 Light Dragoons King's
German Legion.
We understand that the Earl of Motea has ap-
pointed Mr. TirumesoN, an Irish Gentlersa, to be
his Private Secretary iu

Following the Laudable example of the Sister_ Uni.
yersity, and hoping to assist those who are resolved
to make the last pitiful stand against the late but Se.
neral conviction in favour of our injured fellow.
subjects, the Irish Roman Catholics; the enemies
of religious liberty at Cambridge have given notice,
that on Wednesday (to-morrow), at two o'clock,
the Senate will be convoked, to move an Address
against the Catholic Claims. The news of this illi.
beral movement did not reach town until yesterday,
and from the shortness of the notice there is every
reason to believe, that a suspicion being entertained
that the majority of resident voters from certain
Colleges is inclined to intolerance, the wish of the
agitators in this affair is to take the University by
surprize. It is, therefore, most earnestly hoped,
that every Master of Arts at present residing in Lou.
dont will, on the perusal of this intelligence, tint.
withstanding the late period at which it is conveyed,
contrive to present himself in the Senate House, at
Cambridge, to-morrow, at the time appointed, and
do his utmost to prevent the voice of the interested
few from being taken for the unanimous sentiment of
the University at large.
' Petitions to the PRINCE REGENT for Peace, and
to the House of Commons for Parliamentary Ry.
form, have been opened at Barnsley, and have al.
ready obtained a great number of signatures.
The Right lion. I). B. Due, and J. DALY, Esq.
were returned by large majorities, on Tuesday last,
to serve id Parliament for the county of Galway.
Thejoeroeymen watch-makers. at Literpool, held
a meeting en Monday se'smight, for the purpose of
entering into a resolution, to send an Address of
Thanks to the unsuccessful Candidates at the late
lelection there, Mr. BROUGHAM and Mr. CRUSTY,
! for their exertions for the benefit of commerce.-
1 Resolutions to that effect were agreed to unani.
I mouslv; and it was further resolved, to present
`these two Gentlemen with each a gold watch of
I the value of 'fifty guineas. It may not he generally
known that Liverpool, Prescot, and the vicinity,
contain more watch-makers than any other part of
the kingdom of equal extent. These workmen are
I not what in other towns go, ender the denomination
I
repairers
toolsaud :she,
sbut
theyw
`which are put together and used by the. latter; and
7c Ifeawnaetrcshor watches h e
makeare the i y
works
rers. It is supposed that the fraire—was first este.
are, properly speaking, watch_and tool manufactu.
blished there by some persecuted foreigners, who hap.
paned to settle there.

Reat.Admirar K. J. Foovs Is appointed to a cont.
mind in the Mediterranean, sad will shortly hoist
his flag, and proceed to that station.
Mr. SAMUEL HA,axirrf formerly of Ms Majesty's
Peek-lard, at Plymouth, is appointed Master Ship.
wrlght, at Melts, the roses of Mr. Baia, de.

We are ferry to learn that the naive was raging
:swet e
egreiCtrits lelthititaen.te citty.CamitTheandteaintahPla ewwereiteltaptiturardse latest
of
t.
' As • • said to have been laid at Cornnna
ie;
hosgrkets and ships of war.
If
It born t peeper to Saw a militate .
good within the Castle, York, there being now con.
that Two
per.c i ty
ooeihilfnnedt Tr: ehedtuilSeres'air'd.eliaetlyirit.e4flaatserrstilYttirrtiehaoelMita6nieni tiii:emarcoiraneb....._e:sceBh:eden:doiniAtitYto.of who
detachmentare
sons were last week committed, charged with acts of
Luddism, and three with different felonies.
A firs broke out.this morning, between three and
four o'clock, at the Pantheon Opera-house, in Oa.
ford-street, a considerable pert of which was de.
stroyed.
BoXIRO.—The great battle between Power sad
Carter was wen yesterday, by Power, after as sans
gulnary a conflict &sever was recorded, which lasted
an hour and twenty minutes. Three other battles
were fought on the same spot, near Rickmansworthr,
and the sports had not concluded at dark.
M as. JORDAN.---.lt has been stated that Mrs. Jon.
DAN'S engagement with the Drury-Lane Committee
Laid not take place, because she ores offered the terms
given to Mrs. SIDDONS, and refused those granted to
Mr. Brava. This, we are assured, is an erroneous
statement. A carte blanch, was offered her by the
Covent. Garden Proprietors, and afterwards, we un.
derstaud, by the Drury-lane Committee,. both of
which she declined. The terms given to Mt. Berri
are exactly those granted to Mrs. SIDDONS ; at pre.
sent It is a doubtful point which cf the two hare been
Wit prodoctive to the Proprietors.
Our liaddersfield Correspondent, in a letter,
,says t-44 Ott 'Friday last, John Mini, rind on Sa-
itivolku..aark: ThartrOat,itere gstsunitted to York
Crartle, by Josapu RADCLIFFE, 1184,4 to take their
trials at the ensuing Assises, 'charges of Luddism.
Many of the infatuated people connected with these
illeial societies, have abscouded, In order to avoid
being brought to jqstice."
Louis X.VIII. is ott a visit to the Marquis
STAFFORD, at Trentham-hall, Stuffordshire.
Miss 'WELLESLEY, the youngest daughter of the
Marquis WF.LLESLET, 14 to be married to Mr. UT.
Trirros, the Member for Statforvishire. The nup-
tials are to take place in a few days.
By private letters from Spain, we hear of an object,
which, though hardly believable, tiet is so well
avouched to us as to compel tve to believe it; viz.
That the French, when they last left Madrid, left it
without auil riolution qf prirtitc properts,
arenigiurelw% am.
tsB,4leZCie.4!—iullhWatastthee aulptaorns atnhde
tories, &c. &c. have still kept all their treasures iu
safer, plate, jewellery, and other adornments.
Au extraordinary instance of change-ringing en
a
musical peal of ten hand-bells, by a select five of thr
shrines,
St. Peter's Independent Youths Sheffield, York'
shire, consisting of 5000 changes, in the intricate am'
scientific method of Oxford 'lrebie.bob-rolal, we_
y th
most nobly brought round, a few days ago, in that
town, in WI hours and 47 minutes, be under.
mentioned artists:-
I'4 We and iecomi —Me. William /Wilma.
Third and '!'aura—elf. booth.
prat awl Biltsb—Mr. Henry Mayen'.
*Wells hind Ei.t—Mr. George itodsoa.
• Niath and Te*at—.str. Wdliasa kowiu.
The eondecter'ef the pent, Mr. !Ismer na
rwohmooreuttergd Ga,rihb;i nagnyth,onegierusty
.te:t pefarmil“

York
their
Idism.
these
avoid
uisJ
Dr the
. IT'
nup-
-Ihjert,
; tit.
It.ft it
t;
ref; r•
fres iu
ir
r on
of tilt
fork,
ite el"'
It til2
Under•
vrgOS.
roler:11
1

ti i 'l4, .i'AT E'f..4 MAN.

'HE AFFAIES Or THE PENINSULA.

NalkA I. INTg LLIGE NUE. • -
. —4O---
With Seca tracedspecthe fi ng pect to Lord lington's
we move
believe tMeutt r
obo ,
Amortit, Nor. U.—Arrived 'chit day the Ad-
with 11la
buti add
does
ollow We,
which -
t:m i
latest correct intellt, 'time that has reached this vcoltre pstiket; Ciptain Sampson,
country : ' 2 I 01011acher• from• •Halifax, 21 days passage;
The British army was moving from Burgos toward not bri% • Any news of ,importance.
1731ladolid, closely followed by the French under : iii. I?.iso . ,
amid
esty a Janon, 40 guns, which had
souhem, when, on the 2.1 d ult. there was a very se- IbeM .
~re affair, in the neighbOurhood of Torgnernada, in sent by Sir .1. B. 'Zarten with a flag of truce to
the cavalry of the two armies were principally Piew-Yolt, had not returned to Halifax at the time

ch . .
die444tvoit • from thence.
fed. The contest lasted a considerable time, ore sailed
.11 various success.
,At length the French pressing i A lay or two before the packet left Halifax, a
mord, came into contact with the two German large American privateer, of 20 guus, was sent into
ht battalions of infantry, and suffered greatly., that port•by one of our cruisers.
ae reports at Commits raised the loss of the enemy,]
It is much to be fmred, that his Majesty's brig
• not less than 3000 men, and that of the Allies in '
3,la,preP, 10 guns,:foundered avith all her crew in a
ropo ,
rtion • but this was, undoubtedly, a great ex-
aeration. . dreadful gale, which the squadron under Sir J. • B.
. .
The object of the French is probably to recover Warren experienced on the passage to America, to
To this they attach much political im- li, - - --, the 111,1 net - ,ttitched; she
. _ .

he capital.
,ortance; and it is not improbable, that they
given push a corps by the way of Aranda de Douro,
vith the hope of seizing Madrid, m hilst Lord Wel-
ington is occupied with their main body on the Val-
,adolid road. should they, hi:twiner,• mike this at-
tempt, they will encounter no-small difficulties in its
prosecution, from the state of the Douro, which is
Id from their hatch them.

wWcb squadron the was had
'not,arrive4 at Halifax, nor had any account of her
been received since the gale.
The Swifisure packet had sailed from Halifax to
'New York, and was the last packet that would pro-
ceed to the United States ; nothing had been made
known at !Mtn, of any wish on the part of the

swelled by the rains, ani . miring .t-
-selves destroyed most of the bridges-- on the line of
their former retreat.
The principal French armies are calculated as fol-
low :—Soult's corps is estimated at 45,000; Joseph's,
at 12,000, and Sachet's at 15,000; and it.is coupe-
tared, that there may be of these differeet bodies,
50,000 disposable under Soule, who is advancing eta
the Tagus.
The army under Souham certainly amounts to at
least 35,000 effective fighting men, of whom 2,000
IN cavalry. Much surprise has been occasioued at
,lassenes not having joined and taken the command
of this army, as he was known to be on the frontiers
lang while ago.
The British Army is said to be thus distributed
I,e Ist, sth, 6th, and 7th divisions are with Lord .
Wellington, amounting, with the cavalry, to 18,000'
men. His Lordship has also Pack's and Bradford's
I),,rtuguese brigades, and some Spanish troops.— i
Ail the British cavalry are with Lord Wellington,
rxecpt one brigade of English dragoons (the. 13th
regiment and some others), the German hussars, and
General Slade's heavy brigade, and a Portuguese I
brigade, altogether amounting to 2,000, who ate
Sir Rowland Hill.
The 4th English division is at Madrid, with Don
(irlos D'Espatta's Spanish division. The 2d and 3d
light, and Skerritt's division, with the 2000 cavalry,
making altogether about 20,000 effective British, are
erith Sir Rowland Hill, with whom there is also a 1
large corps of Portuguese, and' 5000 Spaniards who'
accompanied Colonel Skerritt from Sevlllai
The 91st regiment had reached Benavente, on their
way from Corunna, to join Lprd Wellingtbn, when
the approach of the French obliged them to fall back I
on Corunna, whence they proceeded with two other
re-iments by sea to Lisbon. ' •
it is proper to add, that when the last advices lefJ
Comma, there were " to have been

American Government, to settle tlte differences with
this country, by negociation.
Remain hil,Majesty's ships Minerva, 32; Croco-
dile,. t 0; . Suapie, 44; Fern o Nth, 44 ; Saracen,
18 ; and ,Castilian, 18 ;Iliikh a very large fleet of
owtwattlabitind vessels for •the Mediterrenesii and
America ;• on board the traiisports are detachments
• of Royal Artillery Drivers and horses, Royal Wag:
gon Traiu, four troops/Royal Horse Guards (Blue);
four troops Ist regiment of Lira Guards, four troc•pa
2d regiment of ditto ; and- detachmeuts of the fol..
; lowing regiments, viz.-3d, 4th, and sth `D,ageon
Guards; Ist, 3d, and 4th Dragocms ; 9th, 11th,
12th, and 16th Light Dragoons; 2.1, 3d, 24th,
31st, 37th, 47th, 48th, 50th, 51st, 57th, 58th,
! 68th, 70th, 73d,. 77th, 88th, 92d and 05th Foot.
DEAL,' Nov. 16.—Came down from the River,
the Mars, Falconer, for Dominica, and several others,
and sailed with the whole of the outward-bound mer-
chantmen; coasters, and colliers, for Portsmouth.
Arrived his Majesty's ship Danemark, with French
prisoners,- bound for Leith ; and Norge and Cretan
men of war, from off- the Tezel. •
Sailed his Majesty's *ships Horatio and Pyramus
for Portsmouth.
PoaTs:...orrii, Nov. 16.—Arrived his Majesty's
ship Cormorant, with a convoy for the Dow us.
Sailed his Majesty's ship Loire, for cif Havre.
The Barfleur is appointed convoy for Lisbon; and
the Dapper,. for Plyniouth.
TOR!AT, Nov. 15.—Sailed his Majesty'a.skip Ra-
coon, with a. convoy for the Brazils. •
triettorron, Nov. 16.—Sailed his Majesty's ship
,Itha cony • for the Cape et Good !tope;

LAIV ItiTEL.LIdENCE.

COURT or EltclIEQll4ll Noy. it
• TH Nitta V. 1.01.1. M.
Mr. Brouou tat Argued thiq case on behalf.d Hie
Defendant, WlMani Martin Loney,. whti, he &tick
was au Engliat subject, who hid been married in
Ungland, according to the rites- of its church, to an.,
English lady. some years afterwards the parties
removed to Scotland, where the hushin3 was guilt?

W 15“
of several acts of adultery, which 'occasioned the
wife to apply to the Scolds Con.istorial Court ; and,'
bringing her case within its jurisdiction, she obtained
a sentence of divorce. The parties returned sepa-
rately to England, where the husband married a
second wife, and being prosecuted for bigamy, was,
tried at the last Lancaster Assizes, before Mr. Baron
Wools. The case .for the prosecution being proved,
the Prisoner rested his defence "upon the proof of
this Scotch divorce and was found guilty. with a tt►

')
serve
-
serre of three several points for the consideration of
the twelve Judges. 1. Whether a divorce, bad in
Scotland, or ttny foreign country, can dissolve the
vinculum of en English marriage. 2. Whether such
a divorce as this, though it be not of sufficient force
to dissolve the cinculum of an English marriage, is
nevertheless sufficient to bring the party within the
exception in the third section of the seat. 1 Jas. c. I

which provides, that the Act, making polygamy "fe,
long, shall not extend to any person who shall be nt !
the time of such marriage divorced by any sentence
in the Ecclesiastical Court. The 3d point, which
did not now come before the consideration of the
'•Coart, as them was no finding of. the fact by the
relate &to tito proof of:coltesion 101_9W/tit:Ng
i the sentence of divorce which made it a frtud upon
the law of Scotland, and to the fraudulent steps
; taken on the part of the husband to induce the wite
to obtain it.
I Lord Ev.i.tuttortounn suggested the propriety of
; arguing the 2d point first.
Mr. BaouostAn said, that would be the most oh-
. vious course, as that point was l'ess doubtfal than
the first ; and if it were entirely with him, it would
be sufficient for the Defendant's case: but the con- 1
nectiun between 'the first and second points was so
great, that he could not Ernst himself with sufficient 1
confidence in the latter, till he had made a little way
in the former. It was contended by his antagonists,
that the Scotch sentence bf divorce was•not sutli.
dent, because in England there was no such means
of dissolving a tnarriile : their proposition was, Chit
marriage being in England au indissoluble contract,
the parties bound by it should not,
! by the laws of a country, nutrr::.c,... c.,, not an indis...
,1
soluble contract, and r..turni. javail themselves of 1
the.dissoluble principles of those laws. But there
was tio authority for saying, that in England the es.
sence of the marriage contract was .its being intlisso-
t luble, although there was'nojarisdiction in England
whereby that dissolution could be obtained ; or,
rather, although some Courts had a jurisdiction to !
deal with it, they were prohibited from dissolving !
the vinculum of the contract. Even the Pontifical
Laws did not hold marriage indissoluble; and to
shew that the dissolubleness of marriage was not a
new doctrine the Learned Counsel quoted the 6th
. - ,1

or;

• Lin lho it 17

son Wha shoed hive no po*ei• to releise him. The
indissolubility of both those ties was the Want of a
Separate lower of granting release; and he contend=
ed, that all that was wanting in the ease 01 marriage,
• wits a comOtent jurisdiction to dissolve tilt! contract,
titti-C. dissoluble principle nithitt it. There were
threeMewS :which presented themselves to the Lean=
edCoillit.4,-hrst and chiefly, ho would ask, in what
manner were the Kcelesinstical Courts (Who hid the,
exclustrejnesdiction of the validity of marriages)
tied up from di •olvW- the of Mare- ?-

trie vincula, :iage
In a way quite bleonsistent with the indisOlnbility.
of marriage. By the 107th Canon, passed shortly
after FOjamh's case, it was ordered that, ittall son-
)ands pronounced a mensa el tlono, there should Tar
a caction and restraint inserted,- that' the parties •
ahould live chastely and continently, and • not con-
tract niatrimOny with another person, 'during each
other's life, and that the sefitence should not be pro:
nourced till the party requiring it had given security
to the Court f •ot ti --ossit - the

_ Jart for not transgressing ..te sat prphiu.
ition and by Canon 108, if any Juclee giving WI
tence of divorce should not altserve the premistbiOniv'
shall be suswndetl from the exercise of his office foi
one year, and the sentence shit be void. It *as obt
necessary for the Learned Counsel to rely upon thi
abstract nature of marriage, nor upon the decision
of Archbishop ,Bancroft, against till authority 46
dr of- he had •

.4issolve the rincidunt of marriage: all . to do
was to rest upon these Canons as proving his prow):
sition, and as affordieg stitficient grounds for sas big
that marriage had nothing of the essence of iedisso.
'lability, since it ceased to be considered as a sacra-
'neut. If that could have been rellecippon, whet*
was the use of publishing the Canon; and taking the -
bond for obeying it,. which was the practice to this
day ? He should, i*ondly, consider the numeroati':
cases of dissolving marriage, by 'piiitate 11111 in Pero
'lament, in use at the'present day.
Lord ELLENBOROUGII—Do not the Preambles to
Ilthose Acts run, 44 whereas the parties cannot have
relief but by the authority of Parliament ?"
Mr. BROUGHAM assented. The Preamble did not
say " whereas marriage is in its nature indissolu:
ble," or, 6' whereas no Court can dissolve it ;" and
the early cases went, not on the nature of the con-
tract, or the want of jurisdiction, but on the impe:.
diments which the canon law threw in the way. Ife
quoted the speech of Bishop Cousins, in the case of
Lord nous, 1666 ; the arguments in Parliament, in
the Duke of 'Norfolk's case, in 1699-1700; and the
speech of Bishop Burnett in another case. If the
i contract were indissoluble, 'neither Parliament, nor
lens! human law could dissolve it ; and • thip, like the
right to bind after Parliarwats, woulii be one of the
cases ha which Parliament itself would.be t;el up.—
,The-titled consideration was the distinction between
a contract not indissoluble, and yet which'there
Wed no jurisdiction to dissolve: Mid there were
1 many wrongs for which there was no redress, and
i many rights for which there was. no remedy. • Fie in-
. stancecidebts barred by the statute of 4imitationt,
which were still legal right's, but the; enforcing'. et,
which uric estopped. There was no Wkitito
lute (not excepting the Std lien. 13;)'-Onee'the
He-
iwhich made marriage an- balltsoluble con-
; tract. There were various _cases) in 'Which a *Omen
had relief against tier husband. s opteraftiiii-of

- readttis Ott . . .
ts ireTI(I
brought to that port by an Aid-de.:tielp Of ta. ..:rattir Pik .-4---4-4.7, . . book of Puffen" dorf, ch. 1, sec. 21, which gave adel:!.
the canons was confined tothis ecottedy : other couno
Maddick cartel, for Morlaic •--- --•-
ifulse's that Lord Wellington had formed a jimi- antt
t i ter and wlifitt desertion as sufficient caused .of . die t tries. takinLthe_Aineview of Ihe'Marriage cohered.
tion, on the Ist instant, at Madrid, with Sir Row-1 — .... . l vorce, from the common nature of covenants, that i with Ettglind, hid' idolltitell;nearie ofyraitieelly dis-
hed' Hill. There were also rumours of Sir 1101.-1 Bread was ordered to remain at the' /sitarist prices.: when one party had broken the agreement, the other i solving it: the metre and essence 'or the contract •
land's having beaten Sonit; but upon neither of these : The Qua lieu, Loaf is Is. tlid. • r-• •.• ,• lis no longer obliged to keep it, and which justified' was the same both in England ail Scotiaad : and the
statements can we place any very confident reliance. MuuncitEns or Mn. Ma Wei Fastti.y.—We : the injured party not only in refusing to cohabit, but definition of marriage by a Scotch writer would pre.
We continue, therefore, to look with the greatest learn from a Gentleman who left Kirkwall, in Ork- likowiselipassing to a second marriage, whenever the cisely hold with our views—" a conjunction of .man
anxiety for the arrival of dispatches from Lord Wel- - ney, on Wednesday se'nnight, that,,insmetliately be.. Canonists urged to thecontrary ; and even they eludedand wife to live inseparably death." '-- Just as we .
lington himself, which will,doubtless, announce those fore his departure, information was • lodged with R. their own decrees,by the evasion of declaring the former ' did not consider this contract to 'previ' t n our.separn.
Pleasures, which the new and difficult circumstances ; Nicnot.soN, Esq. Sheriff-substitute of the county, . martinet° base been originally null and void. It was . tion a mensa et thorcr, so the Scotch laws do not think .'
of the campaign have obliged him to adopt. Should that a sailor on hoard a snip of war at Stromness, Pope Innocent who started the idea that marriage was it inconsistent with dissolving the vincultoi : one was •
he be compelled, by the scantiness of his means, to had betrayed great disquietude of Mind, and was .not a civil contract, but a sacrament, &divine contract as much a separatiorres the other : me held 'the cep-
assume a defensive posture, we may be assured, that overheard speaking to himself of Mr. Aisne and his which no human power could dissolve. This was tract binding as long as the law does not separate r
his plans will be laid with the same extensive fore. • family ; and, upon being questioned, had ack now- adopted by Our Church, together with the rest of : us; they as long as the vinculum holds them toge-. 2
sight, and carried into effect with the same command.: !edged accession to the murder. Mr. NicitoesoN the Itondsh•superstitious, and thence it found its , thee. in Scotland, adultery is punished as a high
lug energy, which have consigned the campaign of , insteutly caused the man to be carried to Kirkwall, way into our law. Lie then quoted Porter's case, ! misdemeanour, sometimes capitally; incest always •
1810 to immortal celebrity. ' I for examitustion before him. At first he refused to Croke Charles, 461, in which the tire causes of dis- ' capitally,and bigamy punishable likewise: He then
,
We are happy to conclude our view of the affairs , give any information, hut the Sheriff-substitute at solving marriage, mentioned in 47 Ed. III: and quoted the case of Compton v. Bearcroft, before
of the Peninsula, with the statement of au exploit last got him to confess that he was one of the actual coinciding with those in Coke Lyttleton, 235 a, , the Delegates (Butler's Nisi Prior, 111), in which
raw houourable to the joint exertions of our Allies, murderers, and that there were three others. He were all pre-existing causes of rendering the marriage' a Scotch marriage of English subjects, the wife being
and of our naval force iri that quarter. Dispatches 4 also said, that ever siuce the horrid deed,he has been : void. •This was a prosecution nakest a woman for under age, and running away without the Consent of
Were received yesterday at the Admiralty, from Sir ' haunted by the deepest remorse and horror of con- • polygamy, who had a decree of separation a mensa her guardian, was held good here; also the note
Edward Yeller.. In the Mediterranean, inclosing a ' science, and that he frequently imagined he heard •et thorobythe EcclesiastiCal Court, prepter irevitiam, 79 b. in Hargrave and Butler's Coke Litt. ; and the'
('.;lail of the recent Operations on the coast of Cate- i Mr. Matte's ghost commanding him to give himself which she pleaded as bringing her within the proviso case of !Merton, 2 Henry Blackstone, 145, in `
bath ;in the course of Which, the Baron D' Eroles, •np to justice.—He is now secured is Kirkwall gaol. ;in the statute of Jas.; but the Court doubted, and which it was admitted at the bar, and assented to it
••titli the t' cops under his order*, in conjunction I ANECDOTE Or THE LATE GEOHIiE COOKE.—Long • advised her not to insist upon the law, but to procure the Bench, as an undoubted proposition, that a mar-
oitit the seamen and, marines of the . men of war, : before George arrived at his meridian celebrity, he a pardon : and yet Coke, 3 Inst. 89, says, such a riage celebrated in Scotland (if not between persons
directed by Captain Codrington, of the Blake, made experienced these Frowns of Fortune, which a life . person is withiu the proviso. After the Refortna-
,• who go thither for the purpose of evading the laws of
an attack on Tirregona,•
and
anaccetitid in obtaining ,of itinerancy and extravagance must necessarily pro- tint), the sacredness of marriage was denied, and its England) will entitle the woman to dower its Eng•
complete possession of it. The loss in this affair , dace :—henee he was by no mean! a stranger to a . sacramentality was done away with, along with land. The same principle was also recognised in the
has not been so considerable as might have
.been es- , prison :—hut, as dissipation sometimes threw hint in, ' other Itomish superstitions ; and, whatever Henry subsequent case of Dalrymple v. Dalrymple, which
Neted. The Gazette of this evening will it is said, d talent failed take him
s `genius anneverto out;—! VIII. may have written in the earlier part of his gave real rights aver an English estate, by virtue sit
contain the otlicial account of this enterprise. beingL permitted to leave the pied (of course accom- reign; ho certainly introduced the remedy of divorce a marriage in Scotland. It was indeed absbrd to
The following is au extract of a letter from Gib. rOarded by the irioler) he attended the theatre, and , a rincalo: nararimonli: The R.4li)rmatio Legion suppose that the act of marriage could mean one thing
?altar, dated the 3d instant : • I played his principal parts:—and several Ames has Ecclesiarticedeum, 47, tP substance or which is in in Scotland,and another in England • mitt' be disco-
" • .
:lee jancttowof Soult end Sachet took: place at the writer of this patagraPh fetched him from 11s '. Gibson's Calder, 415,' last telitioo, and in ‘2. Burn's luble in the fatter country, and indissoluble' in the
Alma= ; but it will be impoisible for them to keep 'state of duraace for the purpose of " strutting his- Ecciesiastic,al Law, title Marriage, was then iv- latter; that the merecircumstances `of crossing a river
together for any length of time in that province, as the !*our 'ipon the stage!" As soon, therefore, as the , ferred to; and although that reformation was never could give a man all the rights of marriage, or all the
latter will be obliged toeCnicentrate his army at St.l battle of Bosworth-field was over, Locket took the : carried into effect, set the remedy had beets applied privileges of eslibacdy,—could, by a reflex operation,
Felippe, or on the batiks of the.Zucar. Sault is in the .
, crook-back'd tyrant into custody. and •hrought him accordingly by our Courts ',ropier adalterins and • change what he ha done in one country into some-
Castle of Chinchilla, and has part of his army in Lower back to his prison-house.—One .night a curious co- ' scrvitiata. For some time the divorce a vincreo ma- thing different in another. It signified [lathing where
Mancha, exteacliag itself 'to the environs of Cuenca. ,
I incidence took place at the Theatre Royal, Chester. t trinsona bal.
• recognised in our Courts, till in 3 a man was married: change of place could not endure
These nue/crams iedicate an approaching operation : Cnokc had' gone through a principal Part of Skelock, • Salkeld, ' 138, it was, said, that " a diioree for to make him married here, and not married there.-' '
against the army of tletierals Hill and Elio, who are at :whets he comes to the scene in which the Merchant, adultery was anciently a ;:iacalo matrinioni i ; and, In construing a contract, the consideration was,
a rdajuez and 'Nrancr.s. On the other side, the French . Sale:rine, the Jew and the Gaoler, appear—when - therefore, in the begintsing of the reign of Queen 3Lhere was it male; Kit•in the enforcing of it, what
s I Elizabeth, the opinion of the Church of .England are the remedies provided by our of a law. A voila
re making deesositiona for the evacuation of the Shylock exclaims, •
linclont ot. ILtl,...)eia. - The fortifications of the city ; .‘ i4a wonder, .- I was that after a divorce for adultery, the parties tense upon a contract in one coun4y.wes Conclusive
1 •
If Villene;a are demolishing; the public treasures, 1 .. Thou naughty gaoler. that thou arc .e fond if principles of the
i might marry again ; but in Foljamb's case, .rinnu in anutber ; aad:he contended, • o a
Atet the arillery, are going to the Ebro, according 1 "To come abroad w kb, him at his reque,t i" 144 Eliz. in the Star sChamber, that opinion was very nature of.contract, that the met-Fine was -dia•
tO cyders ri••••ivt,4 Kin Bonaparte :—'tis thought ' At that moment,the risible muscles of thss whole
.reaugyd: and Archbishop Bancroft, upon the ad- oolved; and that that dissolution; being goodie Scat.
that the Frethit arm will follow then). General company, behind the scenes, were put in motion on vice of Divines, hold that adultery was' only a di- land, was good all the world over. ' 10 then quoted
Maitland has returned to Sicily, very ill; and Gets. looking at the real gaoler standing up to one of the 'firm a lama et (hero." Since, and in virtue of, : the case of Mean v. the Duke de' ntjameS,-.1 80.
Clinton, who is to succeed him, entered the bar of wings.—(Manchester Gazette.) i that case, there were no means of throw, but only' satiquet and Puller, ifie ; ie. which tr- Defend.ant be; •
Alicant, on thetas, of Ozeober. On the same day,' • & letter from Madras, states, that the following' of scoter-stints, for adultery or cruelty, and no' log:held to ball'in this country, wean iestruieeid eni
there were' about 40 sail in sight, which were sup. meancholy spectacle was ,lately witnessed there :-... power of annulling an originalky food and valid I. tered into in France, and by a hick his property only
Posed to hue brought reinforcements from Majorca.. la A yettaig Getitoo widow, about '2l years of age, I marriage. But the origin of this indissolubility : lied not Lit person, was made liable, the Court dis.
It is said, that the fever exists in Murcia and that came with thescutwall (or constable) to the commend-1 being only the cotoideration• of Marriage us a : chanted bite on entering a Common -appearance;
Soolt's army has caught the contagion." I,
dug Officers, asking permission to hurn herself wirk' sacrament, and that consideration being done away ; Lerd C. J. yre saying, ,
kthat "it mast be shown'
__ _—
. her &ceased husband ; be uied every argument to ',.vvith by the Reformation, he had a right to say, lasi what the laWs of France were, end that they created
—..._.
We unders.ao& that the Duke of -NoltTHOlactt- dissuade her from it, but in vain ;her family, even her i the, words of Blackattlite, 1 Comm. 435, that " our ! atenßigation which the laws of England- would mi..
LAND as Colooel of the Oxford Blues, halt rentott- awn mother abused her for hesitating, by going 10 : law' considered marriage in no.other light than ai it 3. force; and Mr. J. Rooke otincurring, although the
strated. against :ei instance of promotion into his re- the commanding Officer. They were very poor, and' civil contract." • Taking it, then, In the civil or cam- ! only other Judge present. (Heath) tool" quite a dif•
giment over t;„. he-•
4% of senior Officersin, a i'iay un- did not provide sufficient wood and oil : horrid to mon law view of it, it Wet a contract of a peculiar '.'ferentview of the case, and the judgment bed not since.
preeellente4l ; • tl;at distineatshed corps. Whether relate, the pouf creature was heard repeatedly to cry nature; for it bound one party for life to another,4, giveeperfectAtipfaction, The Learned Cettisseldid not
the rePresell'aitoe of the Noble Duke 'will be effec. out, ". mom fire! more. fire !" .and Shriek with who lost al! separate existence, and all power of i rest his doubts of its law on the cue of Semersett, the
'4:11 we know not • but it ii well teethe Officers of agony, limn, the balm ot, the hastrameati drowned release: it was the sumo as if a man were to tie up negro, which was decided, by !end Mansfield, in
.... • .. . • .
a regiment to have such indueuce when thsikeierted. her ca.'s! ,„ its klePert; with his awn bandstietilteetn 4.0 a Per- Tribityl'irm, It G•o.,a• oc ea the Oaf Of Teljey•
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