Nov. SO,] 



THE NEWSPAPER. 



~* 



[1844. 



sesstd it the tune of his decease. Th« Master reported that 

 thee painting was a portrait, and pa^ ider the be- 



quest t !r. Sack ville Lane Fox. Exceptioi were taken to 

 such report and argued beforo the Vice Chanccll who in a 

 mo-.t elaborate judgment confirmed the view taken of the mat- 

 ter by the Master. Such being the position of the case, the sole 

 question was, whether this equestrian painting could properly 

 be denominated a portrait of the Duke of Schomberg. A great 

 deal had been said during the progress of the argument upon 

 the derivation and strict m3ai ; of the word " portrait," but 

 it was not his (the Lord Chancellor's) intent ion to attempt tan. 

 tag mere Utes, being himself of opinion with a learned 



German author, that eifmotogia <i nominU WW promittit. On 

 the one side it had been argued that p rtractum implied discus, 

 sion and i I leratfoB, and en the other hand it had been in- 

 sisted that it only meant a slight carrying over. He, however, 

 was inclined to think that the article per was one of intensity, 

 even at the risk of going in opposition to the whole learning of 

 the universitv. Was this painting, then, a portrait in the ordi- 

 nary ification of the w< rd ? Did it possess the proper cha- 

 racteristics of one, in delineating the face of the person repre- 

 sented, while the other parts of the picture were subordinate to 

 that ct? He must say that he never had much doubt upon 

 the point, and looked upon the horse and the battle in the back- 

 ground as by no means constituting the chief ingredients of the 

 picture. A judicious painter always introduced such objects as 

 merely accessary to the main design, namely, the portrait. A 

 judge was painted Id his ermine, a bishop in his lawn sleeves, 

 and a warrior in his armour. Could it be said that the equestrian 

 paintings of Charles I., of Lord Ligonier, of General Amherst, 

 and the beautiful picture of the Duke of Wellington, by Sir 

 Thomas Lawrence, in the possession of Sir Robert Peel, were 

 not portraits ? Would the last-mentioned one be ever called a 

 picture of the Battle of Waterloo 1 Then why, in this instance, 

 should this picture be taken out of the class of portraits because 

 the Duke of Schomberg happened to be on horseback, and there 

 was a battle In the perspective ? Surely DO one would call it a 

 painting: of the Battle of the Boyne, even if that battle were 

 meant, for the largest division of troops was not larger than 

 the horse's hoof. It was quite consistent, therefore, to repre- 

 sent the Duke of Schomberg: in armour on horseback, with a 

 per i n holding his helmet, for armour was worn at that time; 

 and the picture itself, taken altogether, was full of fire, cha- 

 racter, and spirit, and was pain'ed with great judgment by the 

 artist, hem- one of his finest productions. With respect to the 

 qnestinn whether the pictuic was intended to represent the 

 Battle of the Boyne, he was inclined to lean to the opposite 

 opinion, inasmuch as some prints of it had been produced by 

 Hoabraken, Vandergucht, and Smith, which were all anterior 

 to the Battle of the Boyne; and, therefore, looking at the mat- 

 ter In every point of view, he was of opinion with the Vice- 

 Chancellor of England, that the equestrian painting was a por- 

 trait of the Marshal Duke of Schomberg, and passed under the 

 bequest to Mr. S. L. Fox, and the appeal must be dismissed.— In 

 answer to an application for the costs the Lord Chancellor 

 said, he never had entertained much doubt upon the subject ; 

 but had deemed it necessary so far to enter into the question, 

 as in all probability lie should hear of it in a higher tribunal, and 

 was therefore desirous that his judgment might be as clear 

 as possible. 



Arches' Court.— The Office of the Judge promoted by Titch- 

 marsh against Chapman.— Sir H. Jenner Fust gave sentence in 

 this case, which was a proceeding under the 6stn canon against 

 the Rev. William Herbert Chapman, vicar of Ba-ingbourne, 

 Cambridge, for refusing to read the burial service over the 

 corpse of an infant, the child of a parishioner. The defensive 

 allegation pleaded that the baptism of the infant, which had 

 been performed by a minister of the class of dissenters called 

 Independents (to which the parents belonged), was heretical, 

 and consequently the child was unbaptiaed or excommuni- 

 cated, within the men rig of the rubric of the Book of Common 

 Prayer prefixed to the order for the burial of the dead. This 

 allegation \trs rejected by the Court, which held that the child 

 had been " sufficiently M baptised, notwithstanding the person 

 performing the rite might be a heretic. The case consequently 

 came now to be decided upon the evidence adduced, to show 

 that the canon had been violated. The canon declares that no 

 mini r shall refuse or delay to bury any corpse that is brought 

 to the church or churchyard, "convenient warning being given 

 him thereof before," unless the party deceased was denounced 

 excomnuinicRtcdmnjoriexcommunicitionCfOn pain of suspension 

 for three months. The learned judge wasofopinion,thatit had 

 been proved that Mr. Chapman did refuse to bury the child, and 

 that the child was not unbaptised within the meaning of the 

 rubric; the only question was, whether he had had sufficient 

 i otice, which was essenti .1 to the proof of a canonical offence. 

 There was no evidence, however, that Mr. Chapman had had 

 notice until the corpse was brought into the porch of the 

 church. Each of the witnesses, J. Kumbold, the father of the 

 child, Mr. Morse, the independent minister, who had directed 

 the proceedings, and Hopkins the only other witness, had ex- 

 pressly denied having given him notice before that time, and 

 the learned judge was of opinion that this was not the " con- 

 venient warning" to be given •• before," within the intent of 

 the canon, which meant "before the corpse was brought to the 

 churchyard." It might be extremely inconvenient to the minis- 

 ter, who might be absent from home or engaged in other clerical 

 duties, to be called upon to perform the services instanter ; and 

 it was a part of his office to meet the corpse. Preparations were 

 moreover necessary for decent interment, and the warning con- 

 templated by the canon must be one convenient to all parties. 

 The articles expressly pleaded that " convenient warning" had 

 been given ; the promoter, upon whom the onus lay, had not 

 therefore been taken by surprise, and as this was a criminal pro- 

 ceeding, the Court was bound to require strict proof. Unless 

 proper i ice had been given no canonical offence had been 

 committed ; no such notice had been proved, and Sir II. Jrnncr 

 Tust therefore pronounced that the promoter had failed in his 

 proof, and dismissed Mr. Chapman with costs. 



Court op Queen's Bench— (Sittings in Banco.)— The Queen 

 T. Barnard Gregory (" The Satirist"}.— Monday having been ap- 

 pointed tor bringing up Mr. Barnard Gregory, proprietor of the 

 Satirist, to receive judgment for a libel on the Duke of Bruns- 

 wick, the Court was much crowded. On their Lordships taking 

 their seats, Mr. Wordsworth prayed the judgment of the Court 

 upon the defendant, he having pleaded guilty to an indictment 

 charging him with publishing false and scandalous libels on his 

 Royal Highness the Duke of Brunswick.-Mr. Piatt said he had 

 to app y on behalf of Mr. Gregory for a rule to show cau e why 

 the indictment against him should not be quashed, or that the 

 judgment of the Court should not be respited. He made this 

 application on the ground that the indictment preferred against 

 defendant at the Central Criminal Court had been found 

 without jurisdiction. The objection to the jurisdiction of 

 the court was, that by the Central Criminal Court Act 

 it v provided that no indictment .should be found there 

 for any misdemeanour, except where the prosecutor had pre- 

 viously entered into a recognizance to prosecute the same. 

 Here the caption of the indictment was dated on the l »h No- 

 vember, and the recognizances required by the act had not 

 been entered into till the 20th December, the indictment having 

 been found in the meantime.— Mr. Sergeant Talfourd was not 

 prepared at that moment to show cause, because it was neces- 

 sary for him to produce an affidavit, which would afford an 

 answer in fact to this objection. The recognizances had in fact 

 been entered into in due time, but had not been tiled and dated 

 till after the indictment had been found. It was necessary to 

 establish this fact by affidavit, and therefore he could not show 

 cause now.— Lord Denman said that cause not having been 

 shown against the motion, the rule asked for must be granted, 



and cause can be shown against it next term. The effect ot 

 this decision is, that Mr. Barnard Gregory, whose term of im- 

 prisonment in Newgate expired on Tuesday, has been set at 

 liberty. The defendant seemed in a very weak state of health, 

 and much agitated \ at times he appeared to require support to 



enable him to stand. 



Lake v. the Duke of A rg y 1 1. —This was an action by a printer 

 for work done for the British and North American Emigration As- 

 sociation, in the formation and proceedings of which the noble 

 defendant had for some time publicly co-operated, having taken 

 shares in the stock of the Association, contributed 500/. to i 

 funds, and consented to accept the office of president ; in which 

 capacity he took the chair at a meeting at which the work in ques- 

 tion v ordered to be done. The case having come on for trial at 

 Guildhall, it was submitted to Lord Denman, who presided at the 

 trial, that the plaintiff ought to be nonsuited, uj on the ground that 

 the circumstances disclosed by the evidence did not show any im- 

 plied order by the defendant for the performance of the work in 

 question, and that there was no evidence whatever of any express 

 promise to pay. Lord Denman was, however, of opinion that there 

 was some evidence upon the subject for the consideration of the 

 jury, to whom he left the decision of the question, and who found 

 a verdict for the plaintiff for the amount of his demand. Upon a 

 formeroccasion a rule was obtained on the part of defendant callii 

 upon the plaintiff to show cause why a nonsuit should not be 

 entered, or a new trial had, upon the ground that the judge ought 

 not to have left the case to the jury, and that the verdict was con- 

 trary to the evidence, which was alleged to have shown that tl 

 employment of the plaintiff upon the occasion in question was only 

 a continuation of a previous employment by one of the original 

 concoctors of the Association. Cause was subsequently shown 

 against the rule, but judgment was reserved. Lord Denman now 

 delivered the judgment of the Court upon the case, and having 

 gone through the circumstances as we have stated them above, 

 went on to say, that the Court was of opinion that the judge who 

 presided at the trial was right in not directing a nonsuit, but 

 ha\ Ing the case to the jury. His Lordship compared the case to 

 another against the same defendant for a similar cause of action, 

 which had been tried in the Court of Common Pleas, and in which 

 the jury found a verdict for the defendant. Every such case de- 

 pends upon its own facts, and the result of one case afforded no 

 rule for the decision of the other. In the present instance the 

 Court was of opinion that the direction to the jury was right, and, 

 as the question had been properly left to them upon the evidence, 

 the Court saw no reason to disturb the verdict. The rule, there- 

 fore, was discharged. 



BIRTHS.— On the 13th inst., at Torquay, the lady of Sir J. 

 E. HoNYWOon, Bart., of Eviugton, of a daughter— 14th inst., 

 at Maperton House, the lady of H. J. Fitzoekald, Esq., of a 

 daughter— 20th inst., at the Rectory, Himlcy, Staffordshire, the 

 lady of the Rev. VV. H. Pillans, of a daughter— 2lst inst., at 

 Cresswell, the lady of O. A. B. CnESSWEi.i., Esq., of a son — 

 23d inst., at Brooklands, Wandsworth-road, Mrs. F. W. Bram- 

 ston, ofa son— 23d inst., at 8, York-street, Portman- square, 

 thelady of S. Wai.cott, Esq., of a daughter— 21th inst., at 

 Nalliford, Middlesex, thelady of Lieut. -Col. L. Cooper, ofa son. 



MARRIAGES.— On the 11th inst., at Aberdeen, S. E. Jacson, 

 Esq , 54th Regiment, second son of G. Jacson, Esq., of Barton, 

 Lancashire, to Gborcina Winchester, youngest daughter of 

 Winchester, Esq., Advocate, Aberdeen— 21st inst., at Bishop 

 Wearmouth Church, the Rev. R. Moo.tso.v, Vicar of Seaham, 

 to Charlotte Gregson, youngest daughter of the late John 

 Gregson, Esq., of Durham— 2lst inst., at Llangathen Church, 

 J. P. Pryse, Esq., youngest son of P. Pryse, Esq., of Gogerd- 

 dan, M.P. for Cardigan, to Mary Anns Piulipps, second 

 daughter of J. W. Philipps, Esq., of Aberglasney, Carmarthen- 

 shire— 26 h inst., at St. Margaret's, Westminster, Captain 

 Draper, 64th Regiment, to Anne C. Gugbb, fourth daughter 

 of J. Grubb, Esq., late of Horseodon House, Bucks. 



DEATHS.— On the lath inst., at his residence, Chailey, near 

 Lewes, General the Hon. F. St. John, aged 82— 22d inst., J. 

 Glmi.i.k.mard, Esq., F.R.S., aged 81— 23d inst., at Loftus, near 

 Gisborough, Yorkshire, Lieutenant-General the Hon. SirR. L 

 Dl.vdas, K.C.B., Colonel of the 5Qth Regiment— 24th inst., at 

 Bridge-cottages, Kentish Town, Margaret E. Browne, eldest 

 daughter of the late Rev. T. Browne, of St. Vincent's, aged 25— 

 24th inst., W. Holloway, Esq., late of Singapore, and son of 

 the late C. Holloway, Esq., of the Hon. East India Company's 

 Service, at Fort Marlborough, in Sumatra— 25th inst., at Ken- 

 sington Gravel Pits, Sir A. W. Callcott, R.A., aged 65 -25th 

 inst., Miss Parker, of Church-row, Newington— 25th inst., at 

 Glouce-ter-place, E'ortman-square, Mrs. S. Coope, aged 78 — 

 25th inst , Kate A. Murray, only surviving daughter of J. A. 

 Murray, Esq., of Porchester-terrace, aged 9 years— 25th inst., 

 R. Lowdev, Esq., Twyford, near Reading, Berks, aged 38— 25th 

 inst., at Cirencester, Maria Bowly, wife of Christopher Bowly, 

 Esq., aged 62 -23d inst., at his residence, Guernsey, Lieut.-Ge- 

 neral Sir J. Cameron, K.C.3., aged 71, formerly Lieut. -Gov. 

 of Plymouth, one of the most distinguished officers of the Pe- 

 ninsular war— On Wednesday week, at Norwich, David Irwin, 

 Esq., Assistant Editor, on Sunday, Jonathan Matciiett, 

 Esq., senior proprietor and Editor of the Norfolk Chronicle; 

 and on Wednesday last, R. M. Bacon, Esq., proprietor and 

 Editor of the Norwich Mercuru, all suddenly. 



OAMS FOR RAISING WATER WITHOUT LA- 



J-* BOUR, where a fall can be obtained. FOUNTAIN 



70, STRAND, LONDON. 



BASINS IN IRON, &c. 



F. ROE having purchased all 

 the Patterns of Basins, Jets, 

 &c. formerly belonging to W. 

 Rowley, Fountain Maker to the 

 Royal Family, is enabled to offer 

 the above article in iron, which 

 will stand the Frost and last for 

 ages. A Ram and Fountain 

 Jets fixed on the premises for _ ^___ 



' n n S E' on - * m J kind of Garden and other Pumps, Well 

 Engines, Baths, &c. Houses, &c. Heated by Hot Water. 



1 



'° C V 0L0NISTS ' EMIGRANTS, &c. - Mrs. 



i %.vi ?T ^EDLAKE, widow of the late THOMAS WED- 

 « a »L J'J, FENCHuacii-sTRBET, City, informs Emigrants 

 and others that she continues to manufacture those Agricul- 

 tural Implements for which her late husband was so exten- 

 sively patronised by the Settlers of South Australia, Van 

 Diemen s Land, Swan River, New Zealand, an 1 other British 

 Colonies. The following articles, made in a very superior 

 manner, are kept on sale at the London Warehouse, viz. — 

 Pitent Hay making Machines | Flour-Mills-Bean-Mills 



Dressing Machines 



Patent Chaff-cutting Machines 



Oil cake Crushers 



Double action Turnip cutters 

 Railway Wheels 



Patent Essex Ploughs, 30 sorts 

 Subsoil Ploughs [Colonies 



Threshing Machines for the 

 Drills of all kinds— Scarifiers 

 Vacuum Pumps. 



Please to be particular in the address, Mary Wkdlakk, 

 118, Fenchurch-street, London. 



QTOOPING of the SHOULDERS and CONTRAC- 



^ TION of the CHEST are entirely prevented, and gently 

 and effectually removed in Youth, and Ladies and Gentlemen, 

 by the occasional use of the PATENT ST. JAMES'S CHEST 

 \PANDER, which is light, simple, easily employed outwardly 

 or invisibly, without bards beneath the arms, uncomfortable 

 constraint, or impediment to exercise. Sent per post, by Mr. 

 A. Binyov, 40, Tavistock-street. Strand, London, or full par- 

 ticulars on receiving a postage stamp. 



T EA and PERKINS'S WORCESTEKMi IK 



L* SAUCE. Prepared from the Recipe of a Nobleman iivt : 

 County. 



" GreatWestern Steamship, June 6, 1844.— The cabin of the 

 Great Western has been regulaily supplied with Lba 8c Pr%. 

 ri.vs's Worcestershire Sauce, which is adapted for every variety 

 of dish, from turtle to beef, from salmon to steaks, to all of 

 which it gives a famous relish. I have great pleasure in recom- 

 mending this excellent Sauce to Captains and Passenger- for 

 its capital flavour, and as the best accompaniment of its kind 

 for a voyage. (Signed) James Hoskk.v' 1 



" One of the most piquant inventions of this luxurious and 

 epicurean age is Lea and Perrins's Worcestershire Sauce, adapted 

 to fish, flesh, fowl, and soup: giving a zest far superior to the 

 long-established favourites ; more wholesome and of less cost. 

 — Naval and military Gazette, April 8, 1843. 



Sold Wholesale by the Proprietors, Messrs. Lba and Perriss 

 Worcester; Messrs, Barci.av and Sov, Farringdon -street •' 

 and the principal Oil and Italian Warehousemen In London- 

 and Retail by the usual venders of Sauces. ' 



J1LVER TEA-SERVICES.- 



R 



S1EVEK TEA-SERVICES.— A. B. SAVORY and 

 SONS, Manufacturing Silversmiths, 14, Cornhil!, London 

 opposite the Bank of England, submit the price of the following 

 Silver Tea and Coffee Services. The Cottage Pattern is plain 

 standing on shell feet, the tea and coffee-pot with a flower orna- 

 ment on the lids. The King's Pattern is richly embossed with 

 flowers and scrolls. The shape of either is new and elegant. 



Cottage Pattern. King's Pattern. 



Strong Silver Tea-pot £\ 2 0s. Strong Silver Tea-pot £ 12 0s. 



Ditto Sugar-basin 6 16 Ditto Sugar-basin 7 io 



Ditto Milk Ewer 4 10 Ditto CreamEsvcrS 10 



Ditto Coffee-pot 15 Ditto Coffeepot 15 o 



Complete. .. j6"38 6 Complete. .. £\o o 



A variety of upwards of 50 tea and coffee services may be seen 

 in the show-rooms, where may be selected every article* ilver 

 requisite for the side-hoard or plate- chest. Pamphlets of prices, 

 illustrated with sketches of the various articles, grai . and foi - 

 warded, postage-free, to any part of the kingdom. —A. B. Savory 

 and Sons, 14, Cornhill, London, opposite the Bank of England. 



EAL SHEFFIELD PLATED~DlsiI COVERS! 



at prices hitherto unattempted. THOMAS WEST, 18, 

 Ludgate-street, London, having received a large supply direct 

 from the manufactory at Sheffield, offers the best Meat Dish 

 Covers, as follow.— Cottage Pattern— 1 Cover of 20 inches, 

 3/. lys. ; 1 do. of 18 iuches, 3/. 3s. ; 2 do. of 14 inches, 4/. 8*.; 

 the set of 4, complete, 11/. 10s. ONLY. Double Dome Pattern 

 — 1 Cover of 20 inches, 41. l6s. j 1 do. of 18 inches, 3/. 19*.; 

 2 do. of 14 inches, 5/. 5s. ; the set of 4, complete, 14/. ONLY. 

 In noticing the prices of the above goods, T. W. ventures to 

 assert they are superior to many advertised at a much higher 

 price. Best Wrought Silver Spoons and Forks as usual, Fiddle 

 Pattern, 7s. 2d. per oz. Queen's Pattern, 7s. id. per oz. Supe- 

 rior Watches and Fine Gold Jewellery, cheaper than any house 

 in London. West's Hand-book, with 100 Engravings, and full 

 of useful information, is just published, and may be had gratis, 

 and post free, on application to T. West, Silversmith, 18, Lud- 

 gate-street, London. 



T? LECTRO-PLATING AND GILDING.— OLD 



*~* PLATED GOODS RESTORED and made equal to new by 

 Messrs. ELKINGTON and Co.'s Patent Process. This process 

 being carried on in London only by Messrs. Elkington and Co., 

 it is particularly requested that all goods may be forwarded 

 direct to their establishments, 22, Regent street (corner of 

 Jermyn-street) ; or 45, Moorgatestreet, City. New Goods 

 plated upon White Metal in great variety. Books of Prices and 

 Drawings sent t o all parts of the Kingdom and abroad free. 



PATENT ELECTRO-PLATED AND GILT 



JL ARTICLES in every variety, at the Establishments of the 

 Patentees, ELKINGTON and Co ., West End -22, Regent-street, 

 comer of Jermyn-street; City— 45, Moorgate-street. The 

 Patent Electro processes being extensively adopted under their 

 licence, the Patentees beg to state that they confine their own 

 Manufacture to goods of a superior and warranted quality only, 

 which invariably bear their mark," E. and Co.," under a crown. 



Old articles replated and gilt. 



WANTED.— In a small family where a lad is kept 

 as assistant, a Clever Man, who thoroughly understands 

 the culture of a Kitchen Garden, Border Flowers, and Green- 

 house Plants, and who is competent to undertake the care of a 

 horse and chaise. One accustomed to the occasional i ueo 

 carpenter's tools, paint-pots, Sec, and who will attend to general 

 neatness in and out of the house will be preferred.-Apply by 

 letter, stating terms, ay;e, and particular qualifications to «., ac 

 Mr. Hawke's No. 25, King William- stree^ondonjjjpdge. 



WANT PLACES.— All Letters to be post-paid. 



TO NOBLEMEN AND GENTLEMEN. 



A S STEWARD.— A young Man who has a thorougn 

 XX knowledge of the present improved mode of Far ™ a n d 

 also conversant with Architecture and Building generally, »«« 

 has lived the last four years on a large estate where cons ac 

 able improvements have been made in under-draining doiii « 

 sandy, and strong clay land. Satisfactory recommeiu iaum» 

 and security can be given.-Direct to M. D. f Post-office, ^ai 

 ham-green. 



S GARDENER.— A single~Man, aged 28, who has 



had extensive practice in England and Scot »an d m \ne 

 cultivation of Pines, Vines, and forcing generally, tcjgei n« , 

 the routine of Kitchen and Flower Garden , can give _y 

 reference as to character and abilities.— Direct to A. O., «« 

 Mamock and Maule y, Nursery men,Jfackney. ^ — -— 



"AS GARDENER.- A married Man, aged ^-,i irno 



ii perfectly understands his business, and can I ate -k 

 character from his last situation, where he was three > 

 His wife would have no objection to take charge of tne 

 Washing, or attend to a small Dairy, if required.-Direct io 

 Jams, Nurseryman, Northampton. 



A 



IHulRDENER, or UNDER-GA RDEN BR. "here 



roueh practical Gardener. lie has sened h mi up* 



x^ two or more Men are kept.-A single Mar, i, aged .2*.* 

 thoroughly understands his business, and is a fi^ 1 ^ \ Q 

 o-rnwer Can have a good character from the gentiera*i 

 Ss just left -Direct to F. S , at Mr. Crastin's Nursery, Seven 

 Sister- road, He lioway, near London. — -r~ 



-T-Q- 1 i a R i , i • \ R II. — A NoblemadTGardener^ » 



years' previous character can be had if requirta. 



M .J>^fficej>f_th i s Paper. _ — -_ -"T 



~A S GARDENER. -A single Man, aged JJjJJJ 



A understands his business in Greenhouse Hotf 

 Frames Vines, and Flower Garden. Can have BU Jf"*?." 

 cbTacter and has no objection to a *£**&£££ 

 Direct to A. B. t War ner and Warner, Scedsm wwjSCornn^, 



A S GARDENER, oa COACHMAN and GAR; 



A DENER.-A I pectable Man aged 40, without in ^ 

 brance, who thoroughly understands either capac -ty, 

 as the management of Stock, and has no objection to 

 h mself useful ; can have, good Character from the i^n 

 a Noblem in. His Wife is a thorough Cook and Dair> » 

 Inircct to C. En Tivoli Gardens, Battersea, Surrey. 



