On this page

• Text (2)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    Untitled Article

  • 

    Untitled Article

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Untitled Article

    stand on any other foot ng , in point of legal-liability at the prefpnt moment , { which , however , I do not understand to be the case , ) I should be very ready to propose , that the law in that respect should be altered .

    If you wish for any further communication with me upon this subject , I shall be happy to appoint a time for seeing you . J have the honour to be . Sir , Your most obedient humble Servant , ( Signed ^ SP . PERCEVAL .

    Untitled Article

    TJie Judgment of the Court of King ' s Bench , on the Motion for u Mandamus * in the Case of the King ^ on the Prosecution iOf Thomas Standfast Brittan ,

    Versus the Justices of Gloucestershire , 6 th of May , 1812 , taken from the short-hand notes of Mr * Gurney , liOKD Ellen borough . It

    ^ occu rs me , Mr . Topping , that we ' not only have no occasion , but that we cannot decide upon that question , upon this application ; this is an application for a mandamus , in which the man swears himself to be one © f the

    ^ description of persons who are en titled to lake these oaths , that he is a person pretending to holy orders . The refusal to admit him st ) to do , is upon the ground that hje irtust be , not onl y a person pre * Sending to holy orders , but ( upon « ome supposition that the Court have so decided ) that he must a !" -.

    so * he a preacher or teache / r of a congregation ; now if the Court is not prepared io understand , in th » t coptriatrve > sense , the words ot * the statute descriptive of the sewr&l different classes , all of whom

    Untitled Article

    are sub * tantively entitled , if they come fairly and fully within the meaning of the legislature , on a comparison of the terms applicable to t-ach class , to icake the oaths ,

    it is uMr > ectissary tor us to consider the question further , inasmuch as rhe magistrates have not denied that he bore thai character , but have reiused him only because they thought he must have a

    conjunct character of another sort , in order io entitle him as a person pretending to holy orders ; but the meaning of ( he words ' pretending to holy orders , " whether it can , in reason or in sense , be understood

    to mean any thing bfcyond pretending to have holy orders-, will be open to the magistrates upon a re * turn to this mandamus , if they think fit so to return , to state and to explain ; and in so thinking it

    proper that a mandamus should go for the purpose of th < ir making such return , if they should choose so to do the Court is not only conducted to that conclusion by what has been done by their

    predecessors upon former occasions ^ but by a regard to the justice of the remedies the parties may hfive , if they shall be abridged of their rights ; because on a return tothe nvrindarntrs , if they shall return

    that he is not a person pretending to holy orders , and that that is syoommously , according to iJbe construction in Gator ' s Case * pretending to possess holy orders ^ if they shall return , that in point of fact

    he is not a person pretending to have holy orders , and that he has no orders of any description whatever , then it will be open to the party either to move to <] uash that return , if they shall think it

    suf-* Skinner ' s R , cp . 80 .

    Untitled Article

    3 $ S The Judgment of the Court of King ' s Bench *

• Citation
  • Monthly Repository (1806-1838) and Unitarian Chronicle (1832-1833), June 2, 1812, page 388, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/mruc/issues/vm2-ncseproduct1749/page/44/