upon-Hull, merchant, July 2 at 11, George Inn, Kingston-James Coney, East Smithfield, outfitter.-John Pierce, Garupon-Hull, aud. ac.; at 12, div.-John Hicklin, Nottingham, ter-court, Barbican, fishmonger. printer, July 4 at 12, George the Fourth Inn, Nottingham, aud. ac. and fin. div.-Chas. Lowe, Liverpool, builder, July 2 at 12, Clerendon-rooms, Liverpool, first and fin. div.-Wm. White and Thos. Broad, Newport, Isle of Wight, wine merchants, July 18 at 4, Bugle Inn, Newport, aud. ac.; at 5, div. -John M'Alister, Liverpool, upholsterer, July 2 at 1, Clarendon-rooms, Liverpool, div.-Jas. Ford, Bristol, cooper, July 5 at 2, Commercial-rooms, Bristol, div. CERTIFICATES TO BE ALLOWED, Unless Cause shewn to the contrary, on or before July 1. Wm. Payne, Hand-court, Holborn, victualler.—John Bell, Norton Folgate, Shoreditch, linen-draper.-William Miller, St. Martin's-lane, Charing-cross, wine-merchant.-John Carter Lucas and Thos. Lucas, Aldersgate-st., druggist.-Josiah Ballinger, Cheltenham, Gloucestershire, livery-stable keeper. -G. Guilford, North Shields, Northumberland, ship-owner.Gales Atkinson, Monkwearmouthshire, Sunderland, Durham, hardwareman.-G. James, Bangor, Carnarvonshire, druggist. FIATS ANNULLED. Thos. Atkinson, Lancashire, druggist.-Hen. Brayne, Nineelms, Battersea, and Manor-street, Clapham-road, Surrey, coal-merchant. SCOTCH SEQUESTRATIONS. INSOLVENT DEBTORS. The following Prisoners are ordered to be brought before the July 2, at the same hour and place. Court-house, YORK, (City), July 1 at 10. George Yeoman, York, cattle drover.-Jos. Smith, York, railway porter.-Thomas Harrison, Aldwark, butcher.-Peter W. Wilson, Aldwark, labourer.-David Rook, Layerthorpe, carter.-Thos. Oxtaby, York, out of business.-Joseph Jones, York, shoemaker.-Jos. Firth, Heckmondwicke, out of business.-Wm. Blyth, York, butcher.-Richard Palfreeman, York, millwright.—Saml. Bagshow, York, hatter. — Hart Cohen, York, dealer in steel pens.-John Preston, York, earthenware dealer.-Chas. Varley, York, fellmonger.-John Gill, York, out of business. Court-house, DURHAM, (County), July 4 at 10. John Forster, Monkwearmouth-shore, out of business.-J. Tate, South Shields, master mariner.-James Laing, Bishopwearmouth, [commission agent.-Thomas Linsley, Carnforth, labourer.-James Atkinson, Darlington, innkeeper. - Alice Dixon, Sunderland near the Sea, publican.-John Mawson, Bishopwearmouth, out of business.—Jas. Hope, South Shields, publican.-John Patterson, Stockton-upon-Tees, out of busi. ness.-Wm. Wilthew, Sunderland near the Sea, publican.— Robert Todd, Stockton-upon-Tees, cordwainer.-R. Martin, Butterby Paper Mills, paper manufacturer.—Wm. Jefferson, Felling-shore, near Gateshead, butcher.-George Binns, Bishopwearmouth, woollen-draper.—John Kilvinton, Bishopwearmouth, woollen-draper.-M. Blenkinsop, Killerby, butcher.Caleb Wilson, Bishopwearmouth, out of business.-Charlton Messenger, Monkwearmouth, retailer of ale.-Peter Strong, South Shields, grocer.-J. Dodds, South Shields, mast maker. John Bolam, Bishopwearmouth, cabinet maker.-W. Readshaw, Bishopwearmouth, out of business.-W. R. Robson, Monkwearmouth, out of business.-Jas. Wardropper, Gateshead, mason.-Robt. Marriner, Darlington, shoe dealer.-W. Gibson, Bishopwearmouth, clerk to a brewer.-Jas. Beswick, jun., Bishopwearmouth, retailer of ale.-Ge. Clennell, Bishopwearmouth, out of business.-A. H. Liddell, Bishopwearmouth, out of business.-John Hastie, Sunderland, shoemaker. -Thos. Hilton, Darlington, cattle jobber.-Saml. Nelless, Durham, hawker of earthenware.-Wm. Atkinson, Durham, Dixon, Stanhope in Weardale, grocer.-T. Stokoe, Fellingpublican.-Joseph Munby, Heighington, clock cleaner.-T. shore, near Gateshead, mariner.-Thomas Dobson, Thorow. Shields, mason.-Thos. Thomas, South Shields, glassman.—J. gate, Barnard Castle, shoemaker.-Henry Thompson, South Smith, jun., Durham, out of business. MEETINGS. 27 at 11, Bloxsome & Jackson, Dursley, sp. affairs.—Benj, Timothy Lewis, Sedbury, Tidenham, Gloucestershire, June Rooth, jun., Hen-mill, Northwingfield, Derbyshire, miller, June 25 at 3, Angel Inn, Chesterfield, sp. affairs.-Jas. Cook, Sticklepath, Sampford Courtenay, Devonshire, common car rier, June 25 at 12, Half Moon Inn, Exeter, sp. affairs.-R. Caudlin, June 25 at 12, Teece's, Shrewsbury, sp. affairs. AW.-Wanted by a Gentleman who has recently Morgan, Clarence-place, York-road, Lambeth, Surrey, out of L served his clerkship in an office of extensive practice in business.-M. Martin, sen., Elam-st., Long-lane, Bermondsey, Surrey, tanner.-H. Herrick, St. George's-road, Southwark, butcher.-Geo. Thorowood, Canal-road, Kingsland-rd., stonemason.-Charles Rowcroft, Howland-st., Fitzroy-sq., part proprietor of the Courier newspaper.-T. R. Adams, Cross-st., Islington, baker.-Benj. R. Brook, Seymour-place, Bryanstone-sq., shopman to a corn chandler.-W. J. Worthington, Sloane-st., out of business.-P. Payne, Noel's-buildings, Liverpool-road, Islington, carpenter.-Nicholas Thorp, Worship-st., Curtain-road, sofa manufacturer.-Wm. Keech, Green-st., Bethnal-green, grocer. July 4, at the same hour and place. the county of Durham, a SITUATION as MANAGING CLERK under the direction of the principal, in an office in the country. Apply by letter, post paid, to A. B., at Mr. Frys, Law Stationer, South-square, Gray's Inn, London. LA AW.-A Gentleman who has been several years in practice in Newcastle-upon-Tyne, and has acquired an extensive and respectable connection, is desirous of retiring from business in consequence of ill health, and now offers the 27, Great James-street, Bedford-row, London; or to C. & C., same for sale. For particulars apply to James Sowten, Esq., Sandhill Exchange, Newcastle-upon-Tyne. PRACTICE OF THE HOUSE OF LORDS. Boot, sen., Higham, near Alfreton, Derbyshire, out of busl-A JURISDICTION of the HOUSE of LORDS and ness.-Joseph Woodward, Robert-st., Hampstead-road, out of business. Richard Hancock, Waterside, Wandsworth, Surrey, servant to a cowkeeper.-Thos. S. Barwell, Mountpleasant, Gray's-inn-lane, salesman.-Benj. Hems, Blackmanst., Southwark, cutler.-Edw. Beasley, Cottage-place, Camberwell, gardener.-William Lee, Cleveland-st., Fitzroy-sq., sworn broker.-Isaac Kesner, Waterloo-road, Lambeth, general dealer.-Alfred Compton, South Lambeth, Surrey, clerk to the Board of Pavement of the parish of St. Marylebone. PRIVY COUNCIL. Together with the Practice on Parlia mentary Divorce. By JOHN MACQUEEN, Esq., of Lincoln's Inn, Barrister at Law. A. Maxwell & Son, Law Booksellers and Publishers, 32, Bell-yard, Lincoln's Inn. London: Printed by WALTER M'DOWALL, PRINTER, 4, PENand PUBLISHER, 3, CHANCERY LANE. Saturday, June 11, 1842. BERTON ROW, and Published by STEPHEN SWEET, BOOKSELLER No. 284. House of Lords ....... * The following are the Names of the Gentlemen who favour THE JURIST with Reports of Cases argued and decided in the several Courts of Law and Equity:— E. T. HOOD, Esq. of the Inner Temple, Barrister at Law. TENISON EDWARDS, Esq. of the Inner Temple, Barrister at Law. House of Commons Elec- JA. V. KIRWAN, Esq. of Gray's tion Committees... 1 Inn, Barrister at Law. E. KEMPSON, Esq. of the Middle Court of Queen's Bench G. J. P. SMITH, Esq. of the Inner Temple; and Privy Council. .......... ...... A DISCUSSION took place a few nights ago in the House of Lords on the subject of the alleged rejection, on a late trial in Scotland, of a proposed witness, as being inadmissible, or at least not credible, on the ground of atheistical opinions. It was said in that discussion, that, instead of being put into the witness box, and asked whether he was then an atheist, he was in effect put forthwith on his trial for blasphemy, witnesses being examined to establish the fact of his atheism, by proving statements which he had antecedently made, and which were inconsistent with a belief in God. After this, it is said, that the witness was himself examined as to his belief, and that he then declared his belief in God, in a future state of rewards and punishments, and in fact in those fundamental dogmas, a belief in which is held necessary to make a witness competent; that he was then put on his oath to give his testimony, but was afterwards, before his testimony was taken, further examined as to his religious belief by the court; and his answers not being fully satisfactory, the court intimated, directly or indirectly, that he could not be believed, and that the counsel had better not proceed to examine him. From the conflicting statements made by the noble and learned Lords who took part in the discussion, it is not easy to collect what was the actual course of proceeding adopted in the trial referred to; and whether that stated above, if it really took place, was according to the law of Scotland, we do not assume to determine. The whole question seems to have been as to the propriety of the mode of ascertaining the fact of the witness's religious belief, viz. whether extrinsic evidence of his irreligious opinions could be admitted, and at what stage, or whether the witness himself should have been asked as a preliminary question, as to his belief, and whether, having answered it, all other evidence ought not to have been shut out. Of the rules of our own law there can be but little Queen's Bench Bail Court A. Temple, Barristers at Law. Inn, Barrister at Law. Gray's Court of Common Pleas coln's Inn, Barrister at Law. Court of Exchequer.... {W. M. BEST, Esq. of Gray's Inn, ........ Barrister at Law. Ecclesiastical and Admi- ROBERT PHILLIMORE, Advocate ralty Courts in Doctors' Commons. SF. FISHER, Esq. of Lincoln's Inn, Barrister at Law. Court of Review doubt. It is undoubtedly necessary, that, to render a witness's testimony admissible, he should believe in the existence of a God. This maxim seems perfectly supported by reason as well as by law, for as the whole efficacy of an oath, having regard to its form, depends on this, that the party taking it pledges himself to speak the truth as a condition of his expecting the Divine assistance, so it would be ridiculous to suppose, that a witness could be induced to speak the truth by so pledging himself, if he did not believe in the existence of the Being whose assistance he invokes by his oath, the condition of his speaking the truth. But as the religious belief requisite to support the competency of a witness is his religious belief at the time when he is about to give his testimony, and as the fact whether such belief then exists or not is one of which no human being can by possibility have a knowledge, except the witness himself, our law limits the means of ascertaining the fact of the witness's belief in a God to inquiries of the witness himself, and that at the very moment when he is going to be sworn, though, if then omitted, it may properly be asked afterwards. Whether this extremely liberal rule of law is a prudent or rational one may admit of some doubt; for it must be observed, that it rests on a mere affirmation of the truth of the particular fact, viz. the belief of the witness, without the establishment of which his subsequent testimony on oath cannot be admitted. It might, therefore, be very reasonable, at least when there is any doubt suggested, to require this preliminary fact to be supported by corroborative evidence before proceeding to swear the witness. But admitting it to be perfectly consistent with sound reasoning, that the fact of the witness's belief in a God should be inquired of him alone, yet it does not seem quite so clear, that in reference to every religious denomination admitting, or purporting to admit the belief of a God, all extrinsic evidence in explanation of the nature of that religious belief which the witness admits, should be excluded. And although we are fully aware that we shall expose ourselves to the censure of an enlightened age by the The Scotch Law, it is said, admits collateral evidence confession we are about to make, yet we do confess in proof of the witness's disbelief in a God, and the an impression, that in point of strict reasoning, our proceedings at the trial referred to in the House of law is on this subject somewhat lax; and that if the Lords recently seem to shew that such was the opinion older authorities, which appear to have held that all of the Court in that case. The books of the Scotch Law heathens were excluded from giving evidence, are not on evidence seem to preserve on this point a remarkable very liberal, they are perhaps more consistent with the silence, so far as any positive statement of the practice. legal principles on which the competency depending on But it might be inferred from their practice, (independreligious belief rests, than the modern well-established ently of what took place on the trial alluded to), in respect rule, that it is sufficient if the witness, whether a to what is termed in Scotch Law, "purgation of partial Christian, Jew, Mahommedan, or other person not a counsel," that extrinsic evidence would also be admitted Christian, declares his belief in a God. "It is neces- to prove the absence of religious belief in the witness, sary," says Mr. Phillipps, "in order that a witness's "All witnesses," says Erskine, (Inst. book 4, p. 982), testimony should be received, that he should believe in must, before they make oath, be purged of partial the existence of a God, by whom truth is injoined and counsel, that is, they must depose that they can neither falsehood punished. Without such a belief, one sanc- lose nor gain by the event of the suit, nor have given tion which the law regards as a material security for advice how to conduct it; that they have not been the truth of evidence, that of the fear of Divine pun- taught how to swear; that they have got no bribe, nor ishment invoked by the witness upon himself, is want- promise of bribe or good deed, from any of the parties; ing." (p. 11). This is undoubtedly the principle, and that they bear no enmity or ill will to either of but its application may have very different conse- them. These particulars, because they are put to the quences, when considered with reference to a witness witness previous to his making oath, are styled 'iniprofessing the Christian, or even perhaps the Jew-tialia testimonii.' If a party bring present evidence of ish religion, and when considered with reference to heathen creeds. When the witness professes the Christian or Jewish religion, the court has itself judicial knowledge of the creeds to which the witness submits himself; and therefore, when the witness says that he believes in God according to the Old or New Testament, he admits (whether falsely or truly it matters not, because it is impossible to ascertain,) that belief which, within the knowledge of the judge, supports the stringency of the oath administered to him. But if a Hindu or a Mahommedan asserts his belief in God, what judicial knowledge has the judge, (who though he may be personally acquainted with the dogmas of Hinduism or Mohammedanism, does not, as judge, know anything of the matter)? what judicial knowledge we say is there? what guarantee is afforded that the witness is asserting that he believes in a God, who, according to his belief, injoins truth, and punishes falsehood? In such cases, at least, we confess it appears to us, that it would not be an imprudent rule of law to admit collateral evidence of the nature of the witness's creed, as without it the court is wholly at the mercy of the witness. SUMMER CIRCUITS, 1842. Monday.. July 4 Wednesday.. 6 a witness's partial counsel in any of the above points, the examination cannot proceed, though the witness should offer to purge himself by oath. But bare expressions of ill will, when the enmity hath not been pushed forth into action, is not sufficient to stop the examination." Now, as to the receiving a bribe or being instructed, these, it is true, are facts not resting exclusively on the knowledge of the witness; but the fact of ill will at the time of giving evidence, when founded on evidence of parol actions of ill will, can only be inferred, and rests precisely on the same ground as the fact of religious belief. The application of the princi ple to the incapacity depending on ill will would seem to justify its application to that depending on deficiency of religious belief. And Tait (Evidence, p. 401) says, without making any exception as to the particular inadmissibility aris ing from defect of religious belief, that "an objection to the admissibility of a witness may also ordinarily be proved by other witnesses, if omni exceptioni majores, either instantly produced before the witness is examined, or afterwards in a process of reprobator." Northamp- Dolgelly Thursday.... 14 Maidstone Oakham Friday... 15 [Town Saturday.... 16 Monday 18 [City Exeter & City Saturday. 23 Appleby Saturday.... 30 Liverpool Leicest. & B. Ipswich Hereford Monday.. Aug. 1) Coventry and Monmouth [Warwick Saturday 13 York & City Saturday. 20 Gloucester & Wells [City CHARLES DENNIS BOWERS, Cannon-st., comb-maker, THOMAS HILL, Great Driffield, Yorkshire, spirit merchant, THOMAS DOWNING, Bransford, Worcestershire, miller, WILLIAM BROWN, Manchester, cotton manufacturer, June ABEL CROMPTON, Manchester, grocer, tea-dealer, and JOHN JACKSON, Nottingham, plumber and glazier, June 22 at 10, and July 26 at 12, George the Fourth Hotel, Nottingham Sols. Sollory, Nottingham: Taylor & Collisson, Great James-st., Bedford-row. -Fiat dated June 9. JOHN SWANN and JAMES KELLY, Fleetwood-on-Wyre, Thornton, Lancashire, bricklayers and builders, July 5 and 26 at 10, Town-hall, Preston: Sols. Pitt, Fleetwood-uponWyre; Alger, 37, Bedford-row.-Fiat dated May 27. MEETINGS. Wm. Hitchcock, Regent-st., linen draper, June 28 at 11, Court of Bankruptcy, pr. d.- John Jones, Liverpool, cord HENRY FERDINAND DELAMAIN, 37, St. Mary-at-wainer, June 24 at 1, Clarendon-rooms, Liverpool, ch. ass. Fiat dated June 3. hill, wine merchant, June 23 at half-past 2, and July 26 at 1, Court of Bankruptcy: Off. Ass. Belcher; Sol. Hill, Clement's-lane, Lombard-st.-Fiat dated June 10. TRISTRAM RIDGWAY, Huddersfield, Yorkshire, woolmerchant, June 24 and July 26 at 1, Court of Bankruptcy: Off. Ass. Johnson; Sols. Wright & Smith, Golden-sq.MONTAGUE COMBE PRICE, Brentford, glass seller, June 24 at 1, and July 26 at 12, Court of Bankruptcy: Off. Ass. Graham; Sol. Wadeson, Austin-friars.-Fiat dated June 11. WILLIAM WEBB, Northampton-terrace, York-st., Cityroad, watch maker, June 21 at 1, and July 26 at 11, Court of Bankruptcy: Off. Ass. Green; Sol. Lloyd, Cheapside. Fiat dated May 31. THOMAS LONG, Beaufort-place, Chelsea, coal merchant, June 21 and July 26 at 11, Court of Bankruptcy: Off. Ass. Groom; Sols. M'Leod & Stenning, 16, Billiter-st.-Fiat dated June 9. THOMAS TURPIN, Wivenhoe, Essex, innkeeper and carpenter, June 30 and July 26 at 12, Waggon and Horses Inn, Colchester Sols. Barnes, Colchester; Wire & Child, 9, St. Swithin's-lane.-Fiat dated May 20. David Hannay, Cavendish-sq., banker, June 24 at 12, Court of Bankruptcy, last ex.-Fred. J. Mitchell, Aldersgate-street, builder, June 17 at 1, Court of Bankruptcy, last ex-John Matthews, Ledbury, Herefordshire, builder, June 20 at 11, Feathers Inn, Ledbury, last ex.-Samuel Wild, Manchester, coal dealer, July 15 at 12, Commissioners'-rooms, Manchester, last ex.-John Hilton, Tipton, Staffordshire, currier, July 5 at 12, Swan Inn, Wolverhampton, last ex.-Joseph Hurley, Woburn, Bedfordshire, plumber, July 4 at 11, Swan Hotel, Bedford, last ex.— -Charles Webb, Lichfield, maltster, July 4 at 10, George Hotel, Lichfield, last ex.-Jos. Emery, Wells, Somersetshire, surgeon, July 6 at 11, Somerset Hotel, Wells, last ex.-Peter Loyall, Kingston-upon-Hull, miller, July 11 at 12, Lion Hotel, Glamford Briggs, last ex.- -G. Boggs, Wm. Taylor, and Wm. Shand, jun., Great Winchester-st., merchants, July 7 at 12, Court of Bankruptcy, aud. ac.-Samuel Moore, King William-st., London-bridge, woollen draper, July 5 at 11, Court of Bankruptcy, aud. ac.-Emily Ann Birch, Bedford-place, Russell-sq., lodging-house keeper, July 7 at 11, Court of Bankruptcy, aud. ac.-Rich. W. Forge, Billingsgate, Lower Thames-st., fish salesman, July 6 at 11, Court of Bankruptcy, aud. ac.-George Dodson, Boston, Lincolnshire, HENRY MERRIDEW, Coventry, ribbon manufacturer and wool dealer, July 8 at 12, White Swan Inn, Spalding, aud. ac. printer, June 30 and July 26 at 11, Craven Arms Hotel, Co-George Howarth, Todmorden, Lancashire, corn dealer, July ventry Sols. Troughton & Lea, Coventry; Austen & Hob- 7 at 4, Golden Lion Inn, Todmorden, aud. ac.-H. Wood and son, Raymond-buildings, Gray's-inn.-Fiat dated June 2. A. Wood, Basinghall-st., Blackwell-hall factors and dealers in WILLIAM HOULDING, Salford, Lancashire, cordwainer, woollen cloths, July 5 at 11, Court of Bankruptcy, div.June 24 and July 26 at 12, Commissioners'-rooms, Man- Edward Thomas Murray, Church-street, St. Mary, New chester: Sols. Rowley & Taylor, Manchester; Sharp, 11, ington, leather-seller, July 7 at 1, Court of Bankruptcy, div. Staple-inn.-Fiat dated June 8. -Christopher Dannit, jun., Talbot Inn-yard, Southwark, WILLIAM KERRISON, Southampton, glass and lead mer-hop and seed merchant, July 7 at 2, Court of Bankruptcy, chant, June 25 at 3, and July 26 at 12, Dolphin Hotel, div.-Wm. Richards, Oxford-st., St. Marylebone, victualler, Southampton: Sols. Randall & Eldridge, Southampton; July 5 at half-past 11, Court of Bankruptcy, div.-Thomas Plews, 32, Bucklersbury.-Fiat dated May 25. Ashton, Berners-street, bill-broker, July 5 at 11, Court of THOMAS MEALE, Brynmawr, Llanelly, Breconshire, iron- Bankruptcy, fin. div.- William Straker, West Strand, bookmonger and nail manufacturer, June 28 and July 26 at 1, seller, July 5 at 1, Court of Bankruptcy, fin. div.-Robt. KenCommercial-rooms, Bristol: Sols. Harley, Bristol; Clarke nett, New Bond-street, upholsterer, July 5 at 1, Court of & Medcalf, Lincoln's-inn-fields.-Fiat dated May 20. Bankruptcy, div.-John Lionel Hood, Princes-st., LeicesterWILLIAM BEARDS and GEORGE BEARDS, Bilston, square, and Great Grimsby, Lincolnshire, rope manufacturer, Staffordshire, maltsters and grocers, June 25 and July 26 at July 6 at 11, Court of Bankruptcy, div.-C. Sugars, Carey 11, Swan Inn, Wolverhampton: Sols. Willim, Bilston; st., Lincoln's-inn-fields, coal merchant, July 6 at 12, Court of Hunt, 8, New Boswell-court, Lincoln's-inn-fields.-Fiat Bankruptcy, div.-Peter Williams and C. Mottram, Woodst., Manchester warehousemen, July 6 at 1, Court of BankMARY JOHNSON and WILLIAM JOHNSON, Cheadle, ruptcy, div.-Reynold Hogg Goddard, Wood-street, fringe Staffordshire, grocers and ironmongers, June 25 at 3, and maker, July 5 at 1, Court of Bankruptcy, div.-John Atkin July 26 at 12, Royal Oak Inn, Cheadle: Sols. Blagg, son, Greenbank, near Kendal, Westmoreland, bobbin manufac Cheadle; Gough, 32, East-st., Red Lion-sq.-Fiat dated turer, July 6 at 11, King's Arms Inn, Kendal, pr. d. and aud. ac.; at 1, div.-Jas. M. Ainsworth, Birmingham, saddler's RICHARD WILLAN, Bollington, near Macclesfield, Che-ironmonger, July 6 at 11, Waterloo-rooms, Birmingham, aud. dated June 2. June 6. shire, linen and woollen draper, June 28 and July 26 at 1, Commissioners'-rooms, Manchester: Sols. Sale & Worth: ington, Manchester; R. M. and C. Baxter, Lincoln's-inn ac.; at 12, fin. div.-Jos. Page, jun., Gloucester, carrier, July 11 at 12, Smallridge's, College-green, Gloucester, aud. ac.; at half-past 12, first and fin. div. John Hutchinson, Elland, |