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cafe, as did alfo Mr. juftice Buller and the mafter of the rolls. The objections taken by the counfel against the will came under three diftinct heads, of which the following is the fubftance, and muft be difpofed of by refolving the following questions:

First, Whether, according to the true conftruction of this will, the teftator has clearly exceeded the utmoft bounds within which executory devifes, even in their utmost latitude, have been confined by the rules of law, or has tranfgreffed those rules which are established? Secondly, Whether the teftator's meaning be fo doubtful as to render it impoffible to find it out?

Thirdly, Whether fuch accumulation as may poffibly take place under this will may not be fuch as to become dangerous to the state, and, therefore, ought not to be fuffered? [It may, in one poffible event, amount to eighteen millions, in the hands of one individual.]

Upon the two first of these heads, the learned judges, Buller and Lawrence, and the mafter of the rolls, were moft clearly of opinion, that the teftator had not exceeded the bounds of executory devife, and that the meaning was not doubtful; and that therefore the will ought to be established.

Upon the laft head there are fome cafes; but if that be matter of complaint, neither a court of law or equity has any authority over it, and the remedy, if any be neceffary, must be provided by the legiflature, it being a queftion of mere ftate policy.

The lord-chancellor.-I am extremely obliged to his honour, and the learned judges, not only for the very able affiftance they

have given to me in forming my own opinion on this cafe, which en tirely concurs with theirs in the refult, and almost in the whole of the argument, but also because they have been fo good as to relieve me from the duty of entering into the particulars of the feveral points of the cafe, in the ftatement of the ar gument, and in the statement of the ground on which the plaintiff's counfel have failed to produce their intended effect upon my mind. I could not go over the cafe without a neceffity of repeating an argue ment, a great part of which has been much better stated already, because, although we may vary a little in the expreffions, yet, the fame arguments must occur to those perfons who have studied the fame points, and taken the fame course of inquiry on the cafe.

I am not furprized that this cause has been brought forward, and has called forth fuch great exertion of learning and ingenuity. The great amount of property, and the testator's not having fufficient `reafon for fuch a difpofition, is a full motive for the plaintiffs to feek to rejećt the teftator's will, and for endeavouring to establish that natural right to this property, which would have been in force, if no difpofition had prevented it; and I have no difficulty in faying, that the difpofition of the teftator is fo harth, fo unkind, and illiberal, that I reckon it no breach of duty in the family to endeavour to fet it aside.

The great amount of the property is an object which can, in no poffible cafe, enter into the principle of the court in giving judgement:→ the fame rule of law that governs property to the amount of one hundred pounds governs one million.

The piety or the prudence of this teftator can afford no fair or juft ground for the controul of the court, though they leave with me a very fair bias on the mind, and there are before us many confiderations that affect the feelings, and that might blind the understanding-but the court must not be affected by confiderations of that fort-it is the duty of all courts, in the conftruction of wills, to give effect to wills as far as the intention of the teftator can be found out. It is not permitted to me to be ignorant of the intention of the teftator, if the will has no meaning, much less to controul the intention of the teftafor upon my own ideas of it, on the liberality or political tendency of the difpofition.

The argument on the accumulation, ufed as a ground againft the bequeft, I apprehend to be (unless in the cafe of lady Dennifon's will) entirely new. I take it, the court has never confidered it as effential to the validity of a devife, that the rents and profits fhould attend the eftate until the time the abfolute property vefts.

In the extent to which this executory devife goes for the lives, though not correctly fo either, no valid objection can be raised; for, at the expiration of thefe lives, there is an eftate given to avoid perpetuity. And although this executory devife goes farther than others, yet it is on the fame principle as thofe cafes upon which opinions have been given, and cafes decided, and that is fufficient. It is not for me to make new rules of law. I cannot fee where I am to draw the line, and fix precifely how many lives fhall be included in a limitation, or what is to be the extent of an VOL. XLI.

executory devife, or on what calculation of chances an executory devife fhall continue. I must hold myself bound by the rules and established matter of pofitive law, as already decided on confidered cafes of executory devifes.

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Here his lordfhip took a view of feveral decided cafes upon this point; that of Long and Blackall, and a cafe that he had fent to the court of King's Bench, not, he said, on account of any doubt in his own mind, for he had antecedently formed the fame opinion as that court delivered upon that cafe, but becaufe there had been fome doubt, whether there was not a difference between the courts of King's Bench and the Common Pleas upon that point. His lordship then quoted the cafe of Law and Reeves; and alfo feveral others and likewife the opnion of lord Somers in the houfe of lords. He obferved, that all the cafes from 1600 to our own time, proved that the judges had been clearly of opinion, fuch as had been delivered by the learned judges to day. The laft cafe his lordship quoted, was the cafe of Doe on the demife of Brown and Clerk, confirming the doctrine that children in the womb were, for all beneficial purpofes, the fame as if born at a teftator's death.

With refpect to the only other legal point in this cafe, "whether the defcription of the perfon ultimately to take" is fufficiently certain, the point does not now arife; but if I was called upon to give a decided opinion, I fhould fay it is fufficiently certain, and that for the reafon which was fo very ably stated by Mr. juftice Buller. I have no doubt who is the perfon meant by "heirs male of the teftator;" but if C

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there were a doubt upon that point it is impoffible for me to fay that this will should not now take effect, because events may happen that will put it out of all poffible doubt to whom that defcription will apply at the time the devife fhall take effect.

I fhould do myfelf no credit, nor give the bar any information, were I to proceed farther-I therefore now return thanks to his honour and the learned judges for what they have done in giving me affift

ance.

The will was then established, and a future day appointed for giving directions for carrying its purposes into effect.

25th Came on, in the court of King's Bench, at Weftminster, a trial at bar on an information filed by the attorney-general against Sackville, earl of Thanet, Denis O'Bryen, Robert Ferguffon, Thomas Thompfon, and Thomas Gunter Brown, for a riot and affault at Maidstone, at the conclufion of the trials of O'Connor and others for high-treafon, which continued until a quarter after ten o'clock, when the jury retired, and returned at half paft eleven, and pronounced a verdict of guilty against lord Thanet and Mr. Ferguflon. The others were acquitted.

26th This morning, between 6 and 7 o'clock, a genteelly dreffed young woman fprung from the walls of London bridge, and before any one could come near her, threw herself into the Thames. A boat immediately put off, and, as fe was floating, brought her on fhore; she was foon recovered, having been but a few minutes in the water.

DIED. At Arfley near Shefford, n the county of Bedford, aged 108,

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Abne Day, a gypfy, who died under a hedge near Henlow, an adjoining parish; only two of heṛ own party attended her funeral with a great concourfe of other people. She has left a fon aged 82 and a daughter 89, and several great grand children. She ufed to be carried round the country on an afs with 2 or 3 females of her own complexion; fhe had grown almoft double, had not flept in a bed for 70 years, and for the laft 40 had not a tooth in her head, nor the fight of more than one eye; had loft 3 toes 12 years ago, and the ufe of one arm by the froft..

MAY.

3d Lord Thanet and Mr. Ferguffon were brought before the court of King's Bench, to receive the judgement of the court, for the part they took in the riot at Maidftone, to facilitate the escape of Mr. O'Connor, when they were committed to the King's Bench prifon, and ordered to be brought up the first day of next term. The duke of Bedford and lord Derby attended to give bail, which the attorney-general refufed to accept.

Same day, Mr. B. Flower, the printer of the Cambridge Intelligencer, was brought to the bar of the houfe of lords, for reflecting, in a paragraph in his paper, on the bishop of Llandaff's fpeech in the houfe of lords, on the fubject of an union with Ireland; and lord Grenville moved that he be fined 100%. and committed to Newgate for fix months. Lord Holland complained of the practice of this fummary proceeding refpecting only a breach of privilege; but lord Kenyon jufti

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fied it, and lord Grenville's motion was carried.

6th. Sir J. W. Anderson (the late lord mayor,) read, in common council, two letters from lord Nelfon and captain fir E. Berry, which were ordered to be entered in the city journals.

Vanguard, Palermo, Jan. 31, 1799. Sir,

I have only this day received the honour of your letter (when lord mayor) of the 16th October; and I beg that you will convey to the court of common council my fincere gratitude for all their goodnefs to me, and affure them it fhall be the bufinefs of my life to act in the manner moft conducive to the profperity of the city of London, on which depends that of our country. I am truly fenfible of your politenefs in defiring me to fay what particular devices I should wifh on the fword, which is to be presented to me by the city of London; but I beg to leave that to the judgement of fellow citizens. Believe me, when I affure you that I feel myself, Your most faithful and obliged fervant, Nelfon.

Sir,

my

Kenfington, April, 23, 1799.

I have this inftant had the honour of receiving your favour of the 16th October laft, which I conclude has been travelling in queft of me fince that period. Permit me, fir, to return you and the court of common council of the city of London, my warmeft thanks and moft grateful acknowledgements for the very high compliment I am honoured with; believe me fir, I efteem it as the highest mark of my country's approbation, to gain which is moft gratifying; at the

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"I have much more reafon than the commiffioners can have to be dif fatisfied with the fmallness of my income. I have never yet in my life difavowed, or had occafion to re-confider any declaration which I have figned with my name. But the act of parliament has removed all the decencies which used to prevail between gentlemen; and has given the commiffioners (fhrouded under the fignature of their clerk) a right by law to tell me that they have reafon to believe that I am a liar. They have also a right to

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"Your humble fervant, John Horne Tooke." 9th. At the fittings before lord Kenyon, a cafe was determined, Middleton qui tam, verfus Blake, which deferves the most serious attention of the clergy; an action was brought against the Rev. Mr. Blake, who is vicar of the parish of St. Leonard, Shoreditch, to recover eleven penalties for non-refidence. It appeared, that this gentleman had been vicar of that parifh for nineteen years, but had refided on his eftate at South Molton, Devon, and never came up to London to vifit his parish but to receive their Eafter offerings. On the part of the reverend defendant, witneffes were produced, to shew that he was in an extremely poor ftate of health; that he was very much afflicted with the gout; and, very generally after he had refided in London about a month, he was feized with illness, and fometimes was obliged to remain in town three months before he was able to return to the country. The jury found a verdict for the plaintiff for 110.

This day was tried, in the court of King's Bench, an action for an affault, and for falfe imprisonment, wherein Mr. Dowding, a refpectable wine-merchant, was plaintiff, and general Watfon, of the 3d regiment of guards, was defendant. The cafe made out by the plaintiff

in evidence was fhortly thus: the plaintiff and his fifter had been dining at the house of a friend of theirs, a few miles from town, on the 22d of July laft, and were coming on horfeback through Knightsbridge, and as they came near to the gate of the barracks, a gentleman was coming towards them. They were only walking their horfes; the gentleman's horfe was going on a jog trot; they met, and the lady was frightened, as the horfes came nearer one another. They were on the left hand fide, which was their proper fide of the road, and very near the foot-path. There was abundant room for this gentleman to pafs, the road being very wide, and not a carriage in it at that time, but the road was a little dirty. Mr. Dowding came up to the gentleman, and said, "Sir, I hope you will never turn a lady out of the road;" upon which this gentleman made ufe of very abufive language, and immediately aimed a blow at Mr. Dowding's head, in which he loft his own hat for the moment. Mr. Dowding then rode off towards his fifter, to allay her fears, inftead of contending with this gentleman, who however followed, and gave him a very violent blow on his head, which cut through his hat, with what is called a crutch flick. Upon this the gentleman who had thus conducted himself, immediately ordered out the foldiers that were at the barracks, who came with their fixed bayonets, and furrounded Mr. Dowding; he demanded Mr. Dowding's name, which he gave him; he ordered the foldiers to take Mr. Dowding into cuftody, and Mr. Dowding afked for his name, which he refufed, and told the foldiers, on the peril of their

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