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tion of the effects of freemen who to impose upon a man, upon whom die intestate, and in case the cus- the freedom had been bestowed as tom of the city of London, as to a mark of honour, and testimony the distribution of personal estate, of great merit, the performance of applies to such a freeman as sir duties incompatible with his situaFrancis Drake was then.
tion. If an equal portion of the Secondly, Whether there is any duties were expected to be taken custom of the city of London, by by the first of the nobility of the virtue whereof the widow of a land, to whom the freedom of the freeman, having the benefit and city had been voted, there would provision of such settlement as the be but few who would consent to settlement in the pleadings in this the honour. Besides, what condicase, is debarred from the cus- tion was the liability of honorary tomary share of his personal estate. freemen likely to place them in?
Those questions were first pro- The custom of the city of London posed to the recorder of the city took away from parents the right of London, but were submitted at to leave their children under the his suggestion to the court of alder- guardianship of those whom they men for their certificate.
might approve, and placed them Mr. Shadwell, as counsel for under the control of whom ? why, Mr. Sergeant Onslow, contended, of the chamberlain of London. that sir Francis Drake had been a That regulation might be a wise freeman of the city of London in one, so far as related to the orphans the most complete sense of the of those who were freemen by purword, and had been entitled to all chase, servitude, or birth: but how the privileges of one of that body. must the duke of Wellington be The conferring of the freedom of surprised at being told that one of the city upon meritorious indivi- the rewards to which his military duals, comprehended, of course, all exertions entitled him was, that the advantages to which persons his daughters must, at his death, who obtained the freedom in any be placed under the care of the other way were entitled, otherwise chamberlain of the city of London, it would be a mere mockery to and that all attempts to interfere propose such a mode of conveying with that regulation would be the sense the corporation enter- vain ? But the chamberlain was tained of the great efforts of the to have a still greater authority naval and military heroes of the over those who happened to meet country. Mr. Shadwell cited some with the approbation of the lord authorities in support of his posi- mayor and common council of the tion. After which,
city, if the question were decided Mr. Spankie addressed the Court in favour of the argument of his for the other claimant to the pro- learned friend. The duke of Welperty. He argued, that the free lington in that case must resign dom of the city, conferred, as it his authority, with regard to the had been, upon sir Francis Drake, marriage of his daughters, into the was not burdened with the incon- hands of the chamberlain, who, in veniencies which necessarily at- the event of his grace's death, could tended those who became freemen exercise paternal authority over under different circumstances; and them, until the age of maturity that it never could have been meant recognised by the law.
Mr. Shadwell replied. He con- all the powers and privileges with tended that a person could not regard to graduation, which other become a member of a society with members of the faculty possess, out submitting to its obligations ; contained the following words, or some rules might be beneficial, words to the following effect, viz.: and others not; but the freeman, .“ While the memorialist (purif benefitted by some, must run his suer) can prove that the present chance of the inconveniences at- professor of chemistry does not tending the other regulations. teach the processes of pharmacy, What he understood by honorary nor the making of chemical prepafreedom was, the possession of the rations for the apothecaries' shops, privileges without being subject to he is ready to bear testimony, in the burdens, which might be in- common with the public at large, compatible with the situation of to the great value of Dr. Hope's the person on whom the honour services as a professor in the college was conferred.
of Edinburgh, and to express his The Court, when the arguments conviction that his admirable and were concluded, submitted the scientific course must be of the questions to the city law officers.
highest interest to every physician. LIBEL. JURY COURT, It is well known that this has EDINBURGII.-Dr. J. Hamilton, never been attempted, and that Jun. v. Dr. Hope. The Court the professor of the practice of met on Monday, to try an action physic for the last-half century has of damages at the instance of Dr. confined himself to a description of Hamilton, professor of Midwifery the diseases most commonly met in the University of Edinburgh, with, such as fever, general inagainst Dr. Hope, professor of flammatory affections, &c.; at any Chemistry in the same University, rate, the memorialist positively for defamation. The damages asserts, that, within his recollecwere laid at 5,0001.
tion, the professor of the practice The substance of the first issue of physic has not entered into any was, whether, in the month of details respecting the diseases of April 1825, at a meeting of the women and children, and for the Senatus of the University, in the plain reason, that the other subpresence and hearing of the pro- jects of his lecture filled up all the fessors, the defender did impute time of liis course. That he (the intended falsehood to the pursuer. pursuer) was induced to make this
The substance of the second and improvement on the plan of his third issues was, whether a me- predecessors, because he found that morial and petition, presented by neither the professor of the practhe pursuer to the magistrates of tice of physic, nor any of the other Edinburgh, the patrons of the professors constituting the medical University, in January, 1824, faculty, treated of such diseases. craving that the graduates of the If the honourable patrons feel any college of Edinburgh should be difficulty in assenting to this latter required to learn the treatment of proposition, they are referred to the diseases of women and children, the bills of mortality of London. and that the professor of midwifery Thus, in the year 1820 (the last should be admitted a member of account to which the memorialist the medical faculty, and exercise has had access), of 19,348 deaths during
year, 8,350 were under sion of regret had been made by ten years of age, and of that num- the defender for the imputation, ber 725 were still-born. Of the who, on the contrary, now stood remainder, viz. 7,625, 3,577 are up before a jury of his country, alleged to have died of convulsions and justified the expressions he had and teething. Hence it must be made, with the view of extinguishevident, that nearly one-half of the ing the pursuer, and rendering him children under ten years of age, infamous for ever. In conclusion, who died in the year 1820, in he observed, that the question for London, were afflicted with dis- the jury was not as to the amount eases, on which no information is of damages, but that by their vergiven to the medical students of dict they should mark their disapEdinburgh, by those professors who probation of the conduct of the style themselves the medical faculty. defender. Be the reasons of the medical faculty A number of witnesses were what they may, the members of the then examined by the pursuer, faculty cannot deny that the dis- among whom were professors Bell, eases of women and children form Napier, sir W. Hamilton, bart., a necessary part of the education Coventry, and Russell, who sucof
every medical man. It is, more- cessively proved that the expression over, impossible for them to allege, imputed to the defender was uttered that any one of their number does by him at the time and place set teach those subjects, and it would forth in the issues; the abovenot be a little extraordinary, if, mentioned gentlemen also gave it after their former attempt, they as their opinion, that the facts should pretend to be unwilling to stated in the pursuer's memorial burden the students with an addi- to the patrons of the University, tional expense. No man can now did not call for the epithets that practise physic with safety to the had been applied to him.
Mr. public, without a knowledge of the Wm. Wood, surgeon, who had diseases of women and children, examined the MSS. of the meand none of the members of morial, and marked some alterathe medical faculty, as at present tions, also expressed a similar opiconstituted, do teach that knowa nion. ledge.” And whether the whole The Solicitor General opened or any part of the above averments the case for the defender.
He were known to the pursuer to be stated that his client could not false at the time he presented the have been actuated by malice, but memorial to the magistrates. was repelling an injurious attack
Mr. H. Cockburn opened the made on his character by the purcase for the pursuer in a speech of suer, in a memorial to the patrons great length, in which he strongly of the University, of which he pointed out to the jury the deep admitted having printed 200 copies, injury likely to be sustained by his and that its circulation was not client from having been stigmatized confined to the patrons and proby the defender at a meeting of fessors of the University. the Senatus of the University of Principal Baird, professor DunEdinburgh as an utterer of wilful bar, Dr. Alison, Dr. Fyfe, Dr. falsehood, an assertion made in the Anderson, rev. Dr. William Ritchie, absence of the pursuer ; no expres- Dr. Home, Dr. Mackintosh, Dr.
Cullen, and Mr. Dickson, were the sums charged for admission to then called for the defender, whose view the ‘Public Monuments' in evidence went to prove that Dr. the Abbey. But no charge has Hope exhibited the different pro- ever been made for viewing the cesses of chemical pharmacy in his Public Monuments,' as distinclass, according to the three different guished from the private ones. Pharmacopæias of Edinburgh, Lon- The whole are viewed together for don, and Dublin, taking that of a fixed sum; and by far the Edinburgh for his-text-book, and greatest part of the monuments that part of his course formed a are those of private persons; for most important branch of medical viewing which, the greatest part study. Several of the witnesses of the charge is incurred. The also proved that the late Dr. Gre- Dean and Chapter, however, havgory and Dr. Home treated of the ing not the smallest wish that any most important of the diseases in- part of the subject should be concidental to women and children, cealed, will furnish such informathe negative of which had been tion as they possess concerning it, asserted by the pursuer in his me- though beyond the terms of the morial ; one of the witnesses (Dr. order of your honourable House.” Mackintosh), who had attended Dr. “1st. As to the sums charged for Hamilton's class for three courses, the admission of each visitor to view and was not sure but he had at the monuments, private as well as tended a fourth course, said he had public, for the last five years : received more information from “Before his majesty's coronation, Dr. Gregory on the subject of in 1821, the whole sum permitted those diseases than he had from to be charged, was 1s. 11d. But Dr. Hamilton. Mr. Jeffrey replied the guides had obtained additional for the pursuer.
gratuities from the visitors, and The lord chief commissioner complaints were made against these having summed up the evidence, exactions. When the church was the jury, after an hour's consulta- re-opened, after his majesty's corotion, returned a verdict for the nation, a new order was therefore pursuer-Damages 5001.
made, and the utmost sum to be 23. WESTMINSTER ABBEY. received was 28. all compensaThe return of the Dean and Chap- tion to the guides being included ter, to the order of the House of in this sum. Commons, dated 16th of March, “ This regulation, under which 1826, for an account of the sums less was paid by the public than charged for the admission of each before, was continued till June, visitor to view the public monu- 1825, when the sum was lowered ments in that Abbey, the total to 1s. 3d. amount received from that source « 2nd. The total amount received in each year, for the last five years, from the above source in each year, and how the same has been appro- for the last five years : priated.
£. S. d. “ The Dean and Chapter of 1821
648 11 11 Westminster are unable to make 1822
2,317 9 the precise return described in the 1823
1,664 13 9 order of your honourable House. 1824
1,529 0 The order requires an account of 1825 • 1,585 1
“ 3rd. How the same has been by the benevolence of the crown. appropriated :
In this charter, queen Elizabeth * All the above sums have been has, of her free bounty, conferred received by the minor canons, and the church on the Dean and the gentlemen of the choir; and Chapter for ever, and has subjected divided among themselves, after it to their sole and lawful manageportions allowed to the officers of ment. the choir; the Dean and Chapter “ And further, their founder has neither interfering, nor knowing not only empowered, but required when the division was made. them to defend the privileges and
“ This grant was made to the immunities which she has thus choir in the year 1697, on the bestowed upon them, against all condition that, receiving the bene- aggression or encroachment. fits from the exhibition of the mo- By order of the Dean and Chapnuments, they should keep the ter, GEORGE GILES VINmonuments always clean. This,
CENT, Chapter-Clerk.” however, had not been done; and 24. MAUNDY THURSDAY.--At when the Dean and Chapter the King's-chapel Royal, St. James's wished, after his majesty's coro- Palace, about one hundred of the nation, to give to the Abbey as juvenile branches of the nobility much beauty as possible, they and gentry were confirmed by the cleaned all the monuments at their bishop of London, as dean of this own private expense, with the sole chapel, assisted by the sub-dean, exception of the royal monuments, and the rev. Mr. Oakley, his lordwhich were subsequently repaired ship’s chaplain. and cleaned, without any agency
At his majesty's chapel, Whiteof the Dean and Chapter, who hall, the usual annual royal donaonly knew the amount of the tions were distributed to as many charge for that work from the list poor men and women as the king of contingencies lately submitted is years old, viz. 64 of each. to parliament.
A temporary building had been “ The Dean and Chapter have constructed at the back of Whitemade the above statement, in order hall chapel for the occasion, which to meet the wishes of your honour- was divided into two compartable House. They will now beg ments, the larger for the reception leave to say a few words on behalf of the Maundy men and women. of themselves.
At the ads, seats were prepared “They would humbly represent, for the accommodation of the visithat their church is entitled to its tors, who were admitted by tickets; share of the general favour and the smaller room was fitted up protection given by law and usage with shelves, as a store larder, on to the church of England at large, which were arranged the salt fish, and that it has its common rights, loaves of bread, &c. to be distriwhich it must always be anxious buted. to preserve.
About eleven o'clock the Maundy " It is their duty and their pride people arrived, and were arranged to represent further to your honour- by the attendants, the men at one able House, that they have the table, and the women at the other. honour to hold their church Morning Service. The Maununder a special charter, granted dy people being seated, Mr. Hanby,