תמונות בעמוד
PDF
ePub

tate appointed of the council, are to continue in their offices, in cafe of the defcent of the crown during fuch minority, for fix months after; unlefs removed by confent of the majo rity of the council; or upon address of both Houfes of Parliament. The Archbishop of Canterbury, and Lord Chief Justice of the King's Bench, may be removed in like manner, from the council, as alfo any other mem bers who are not conftituted fuch in virtue of their dignities or offices. Vacancies in the council, by removal, death, or refignation, or by fucceeding to the office of regent, or by death of the King's younger brothers, being under age, are to filled up within two months by the regent and council. Nothing herein contained fball take away the rights of the Privy Council; but the regent is impowered to fum. mon and hold the fame as ufaal; and members of the regency may be also of the Privy Council.

Upon defcent of the crown to a mipor, the parliament then being is to continue for three years, unless fuch fucceffor fhall be fooner of age, or fach parliament be diffolved by the regent with confent of the council; but if there fhall be no parliament then in being, which fhall have met and fat, the preceding parliament is to convene and fit for three years ; except as before excepted.

A

B

C

D

The fucceffor, to the Crown being a minor, is not to be married during fuch minority, without confent of the E Regent and Council, on pain of the marriage being void, and the perfons concerned therein incurring the penalty of high treafon.

In cafes of an equality of voices in the council, the regent is to decide. Where the confent of a majority, or one half part of the council is made neceffary to the validity of any act, the members confenting thereto are to fign the fame in the councilbooks. The clerk of the council is to be appointed by the regent, and take an oath of office.

F

All commiffions, letters patent, or- G ders, &c. to fet afide, or change, the orders of government fettled by this at, during the minority of the fucceffor, are declared void; and the perfons concerned therein incur the penalies of premunire, inflicted by the tatute of premunire.

Abftract of an Act for granting to his
Majefly certain Duties on the Exporta-

H

tion of Coals; and of feveral EaftIndia Goods; and upon Policies of Affurance for retaining, upon the Expor tation of White Callicoes and Mullins, a further part of the Duties paid on the Importation thereof; and for obviating a Doubt with respect to Stamp Du ties imposed upon Deeds by two former A&ts.

ROM and after the first of June,

1765, the the following additional duties are to take place, viz. 44. per chaldron on all coals hipped for exportation to parts beyond feas, except to Ireland, to the Ifle of Man, and the British dominions in America.

51. per Cent. ad valorum on all wrought filks and ftuffs from Perfia, China, and India, and on printed callicoes is to be paid without any deduction. The bond which is now by law required to be given for the due exportation of fuch goods, fhall be with further condition, that the fame fall be there landed accordingly, and not in any other part or place beyond the feas; and a certificate is to be returned of the due landing thereof, if in America, within eighteen months. Bond given on goods entered for Africa, is not to he discharged, till oath is made by the mafter of the due landing and difpofal thereof without being relanded in any part of Great Britain, or the islands of Guernsey, Jersey, Alderney, Sark, or Man, or either of them, or any other part or place beyond the feas, except fome part of Africa, which is alfo to be confirmed by the exporter's oath; and proof is to be made within eighteen months; other wife the bond is to be put in fuit.

After the firft of June, 1765, an ad. ditional duty of 2d. is to take place on all policies and affurances within the weekly bills; and of 2s. 6d. within' all other parts of Great Britain. The claufes and provifions in other acts, relating to the duties on vellum, parchment, and paper, are extended to the additional duties here laid, and the counterfeiting or forging any of the ftamps or feals, or vending coun terfeit ftamps, or fraudulently using the legal ones, is fellony, without benefit of clergy.

10 per Cent. of the duties payable on the importation of white callicoes and muflins, befides one half of the old fubfidy, is to be retained, on the exportation thereof to parts beyond the feas, except to Africa, and the Britifh American plantations, pursuant to act 11 and 12 William III. and 3 and

Anne.

Anne. An addition to the oath is to be made on exportation of white calJicoes and muffins; and landing the faid goods, otherwife than where entered for, is forfeiture of double the amount of the draw-back, and treble value of the goods. Thefe duties are to be paid into the Exchequer apart from all other branches of the public revenue, and to be carried into the finking fund.

ver fuffer the flighteft reflection on the character of any of their members to pafs unnoticed or uncenfured; that as a peer of the realm, he was entitled to his action of Scandalum Magnatum, wherein he need not fear, but that a jury would give him a A proper fatisfaction for any injury he hould prove to them he had received.

Policies of affurance charter and parties are fubject to the 6d. duty im. pofed by act 12 Anne, and to the Is. auty imposed by act 30 George II and B every deed, inftrument, note, memorandum, letter, or other minument or writing, between the captain or mafter, or owner of any fhip or vessel, and any merchant, trader, or other perfon in respect to the freight or conveyance of any money, goods, wares, merchandife, or effects, laden or to be laden on board of any fuch fhip or veffel, fhall be deemed and adjudged to be a charter-party.

Arguments urged by the Defendant's

Council in the Court of King's Bench,
on fhewing Caufe why a Writ of At- D
tachment bould not go against him.
(See p. 243.)

F

IRST, they contend that the

party alluded to. And

Secondly, that fuppofing the pamphlet to be a reflection on the party alluded to, yet that an attachment was an improper mode of proceeding in this cafe.

E'

In fupport of the firft propofition they obferved, that it appeared from the affidavits on behalf of the profecution, that the facts were not as ftat. ed in the pamphlet; if fo, there was F an end of the caufe for the particular mode of proceeding contended for.

That it was impoffible that the character drawn in the pamphlet could be the portrait of an original, it deviated fo far from the likeness of any Chief Justice, particularly the prefent one of the court of King's Bench.

That it was only an answer, by way of argument, to another pamphlet, that had advanced doctrines not agreeable to the notions of the author of The Letters on Libels.

That an attachment (the process of contempt) was originally inttituted for the benefit of the fubject; it was established to enforce obedience to the commands of the courts of juftice; it was founded in neceffity, for, if the courts of juftice were not poffeffed of fuch a power, their proceedings would be vague and nugatory, and there, fore as the cafe before them was not attended with any of the peculiar circumftances neceffary to fupport an application of this fort, it would be too much for the court to extend it beyond its original limits.

That even the practice of granting informations, which went a great way, would be nothing if the present motion were granted.

The method to apply for an infor. mation is this, the party' who con. ceives himself injured annexes the paper in which he thinks himself alluded to, to his own affidavit, wherein he fwears that he believes the writer, printer, or publisher (as the cafe may happen to be) intended to reflect on him; whereupon the court grants the information, but the defendant is always tried, and the fat proved to the satisfaction of a jury; hut in this cafe, if the attachment goes, the court exercises the diftinct and peculiar pro vinces, of Party, Judge, Evidence, and Jury.

They obferved, that it was no con tempt to difobey the order of a judge at Nifi Prius, at the Old Bailey, or at chambers, till made rules of court, which was generally done of course, from the respect the court paid to the perfons who made fuch orders; however, as the order in question never G was made a rule of court, it was no contempt.

As to the fecond head they obfer. ved, that if the Chief Prefitent of this H court was alluded to, he had several methods to do himself justice without taking this; he was a member of a molt illustrious body, who would ne

They inftanced the late Ld Ferrers's cafe, in which an Habeas. Corpus had iffued in the vacation to bring his Countess before a Judge, which the Earl not doing, a motion was made the enfuing term for an attachment, for a contempt in not obeying the writ; but the court was of opinion it was no contempt of court, the writ not having iffued by virtue of a rule

of

Account of the Chapel at Market-Harborough.

of the court, and the motion was denied, and a rule granted for another Habeas Corpus.

Another cafe they instanced was, a motion for an attachment against the publisher of The Moderator, in which A Lord Chief Justice Pratt's determination, for discharging Mr Wilkes from his commitment, was too freely men. tioned; yet the rule was never made abfolute.

Some Account of the Parochial Chapel at
Market Harborough. See the Plate. B

T Dionifius the Areopagite, but by

HIS chapel is dedicated to St

whom and what time it was built, I never could certainly learn; however John of Gaunt, Duke of Lancaster, King of Caftile and Leon, &c. fourth fon of Edward III. King of England, has been pointed out by a very antient tradition of the inhabitants for the founder; which alfo informs us that it was built in consequence of an injunction from the Pope, as part of a penance for maintaining a criminal converfation with Katharine Swynford, afterwards his third wife.

I thall endeavour to establish the credit of this tradition, by the following obfervations:

Mr Burton (in p. 128.) tells us, that in this Chapel were thefe Arms:

No. 1. Azure, a Croffe patonce between four Martletts, Or.

No. 2. Gueules, three Lions passant gardant, Or;

No. 3. Gueulles, three Lions paffant gardant, Or; a label of three points Azure.

No. 4. The fame with 9 Fleurs-deliz, on a label

No. 5. Quarterly, France Seme, and England.

C

283

No. 12. Geronne, Argent and Gueulles, a border Azure.

No. 13. Argent, three Bulles heads fable. OXCLIFFE.

Leopard's faces, Argent.
No. 14. Gueules, a Canton and two

No. 15. Quarterly, Gueulles, a feffe,
Or, betweene three Saltiers, Argent.
BOIVILLE, Argent, three bends
Gueulles.

No. 16. In a Lozenge, Barry of fix Argent and Azure. GREY..

The arms of France was first quartered with those of England (thus, quarterly, if, Azure, Semee of Fleursde-liz, or (France); 2d, Gules, three Lions paffant gardant Or, (England); the 3d as the 2d, the 4th as the ft) by King Edward III. Anno 1341 f. and they were thus marfballed till King Charles VI. of France, changed the Semee of Fleurs-de-liz into three, when our King did the fame, as ap pears by the feal of King Henry V. annexed to a writing bearing date 1407 the 8th of his father's reign, being then only Prince of Wales, and fo hath it continued ever fince t. Now there is only 66 years, from the time D when the French arms was first quartered with the English, Anno 1341, to the alteration in 1407, by reducing the Semee of Fleurs de-liz to three, in which interval its highly probable, Harborough Chapel was built.

1. Because the arms at No. 5. above-mentioned by Mr Burton to have E been in this chapel, contain France, Semee of Fleurs de-liz quartered with England, and confequently, muft have been put up there fometime within that term of 66 years above-mentioned; and these are the arms of John of Gaunt, Duke of Lancafe, the reputed founder §; the label only being omitted, which might happen, either by the mistake of Mr Burton, in taking the blazon, or his printer, or even of the glass stainer; of all whole blunders we have too many instances. And,

No. 6. Sable, a Lion rampant Ar- F gent; Co onne, Or.-SEGRAVE.

No.7. Or, three Pyles, Gueulles, a horder Azure, besantee.-BASSETT.

No. 8. Gaeulles, a Croffe patonce, Or; a label of three points Azure. LATIMER.

No. 9. Azure, a bend, Or; a label G of three points Argent.-SCROOPE

No. 10. Azure, Seme de Croffecrofslets croffed a feffe double Daunfey, Or.-ENGAINE.

No. 11. Argent frette Gueulles, on every joint a befant.-TRUSSELL.

Vide Mr Burton's defcription of Leicesterpire, folio, dated October 30, 1622, p. 128: Allo, Magna Britannia, &c. printed at the Saway in 4to, 17.14, P. 1340.

+ Francis Sandford's genealogical history of the Kings of England, &c. printed at the Savoy in folio, 1677, Book III. Chap. III. p. 157, notes.

Ibid Book IV. Chap. II. p. 258. notes; and Book IV, Chap. III. p. 270, notes; all, Camden's Remains, &c. London, 1637, quarto

P.225.
HSandford's genealogical hiftory. c.
Book IV. Chap. 1. p. 243, notes; and Thomas
Milles's ca alogue of Kings and Princes,
London, 1610, tolio, p. 316.

2d, The arms No. 3 and 4, mentioned alfo by Mr Burton, are indif putably the arms of Blanch, only daughter of Henry Duke of Eancafier, and first wife of John of Gaunt, by whom he had (with many other titles and poffeffions) the dutchy of Lancafter She was married to him May 19, 1359, and died in 1369*.

This building confifts of a body; North and South ayle, a large chancel North and South porch; all embattled and leaded, at the Welt-end is a neat, Aftrong, well built steeple, of a fine hard durable stone, that bears the weather extreamly well. The infide is pew ed in a neat, regular and convenient manner, at the upper end of the middle ayle is a handfome pulpit; all which with the pews were erected A. D. 1752. The length of the church from Eaft to Weft within the walls, is 62 feet, breadth of the body and ayles 5o feet 6 inches, height of the roof of the middle ayle 39 feet 6 inches,length of the chancel 50 feet, breadth of the chancel and middle ayle 20 feet, height of the chancel roof 33 feet 3 inches. The whole length of the cfteeple, body, and chancel, from out to out, 140 feet; from the ground to the cross-ftone, which finishes the steeple is 154 feet. In the steeple is a peal of fix large deep toned bells, the 5th and 6th of which are esteemed by judges good bells; alfo a large good clock and quarters. The chancel is handfomely paved, and neatly fitted up, it Dis feperated from the body of the cha pel by a fine turned femi eliptical arch, 15 feet 6 inches fpan, neatly cafed with fucco; at the Eaft-end is a handfome window of fivelights.

3d. It appears, from the information of several ancient people, that about 80 years ago, there were on the weft fide of the steeple, juft under the B present dial, a large shield of arms between two leffer, in ftucco-work, and on that part which was occupied by the fouth fhield is ftill plainly to be feen the out-lines of a bend-From hence it may with great probability he conjectured, that it was charged with the arms of Jeffrey le Scrope, or de Scroop, to whom King Edward III. Anno 1334, the roth of his reign, gave the manors of Harborough and Great Borudent; whofe arms, viz. Azure, a bend Or, a label of three points Ar gent, (See No. 9. above) are in the Eaft window of the North ayle of this cha pel, and are the only one now remaining.

4th. In a corner of the North-eaft window of this chapel is the remains of a ducal coronet, in form nearly reembling that with which the portrait of John of Gaunt is crowned, in a window of the library of All Souls College in Oxford; and it is not improbable but that this coronet might formerly have been placed over his fhield of arms, mentioned above at No. 5.

And, laftly, the style of the building does filently declare it to be the work of that age; for, though it is in a much better tafte than the generality of churches built in the preceding reigns, yet it is by no means de. corated and enriched in that delicate manner, that fo univerfally prevailed in the reigns of K. Henry VI. to K. Henry VII. inclufive, at which period the Gothick architecture was at its meridian.

E

Some Account of Proposals for the im provement of Arts, t. Continued from p. 168.

I. To prevent hay, barley, &c.

from being mow-burnt, obferve the following directions:

Prepare a large fheaf, of two fheaves of corn ftraw tied together, and when Fit in the center; as the stack rifes you begin to make your stack, place I place other theaves on the firft, fo that when the stack is finished, and the fheaves taken away, a funnel or chimney may be continued from the bot tom to the top.

The foregoing obfervations and remarks being duly confidered, may we G not, with a great degree of probabi.. fity, conclude, that this chapel was built by John of Gaunt, Duke of Lancaster, Sc. about A. D. 1370.

[blocks in formation]

When the theaves are drawn out, cover the ftack, if out of doors, with a bottle of straw before thatching.

II. Lambs are frequently loft in fnowy weather, because they cannot get grafs, and will not eat hay; to make them eat hay buy half a score old sheep, and turn them among the lambs; the sheep will eat the hay faft enough, and the lambs will follow their example.

III. Soap afhes, fuch as are made by the foap boilers in London, ufed in thes fol

[graphic]
« הקודםהמשך »