law in Easter Term 1824; and about the same time was selected to fill the office of Deputy Judge Advocate of the army. On the 24th Nov. 1838, he succeeded Mr. Cutlar Fergusson as Judge Advocate General of the army; which office, however, he only retained to the following February, when he retired to make room for Sir George Grey; retaining his former place as Deputy Judge Advocate. When the "New Court" in London was erected, about fourteen years ago, Mr. Serjeant Arabin was elected as the third civic judge, to act in concert with the Recorder and Common Serjeant; and on the jurisdiction of the Central Criminal Court being established he was made a commissioner, and he continued indefatigable in the discharge of his judicial duties down to the close of the October sessions, after which severe illness prevented him from resuming them.

At Malta, Edward Jacob, esq., M.A., Fellow of Gonville and Caius College, Cambridge, one of her Majesty's Counsel, and a Bencher of Lincoln's Inn. Mr. Jacob was one of the most distinguished members and ornaments of the Chancery Bar. He was the senior wrangler of his year, 1816, and, we believe, took other University honours. He attained the degree of M.A. in 1819, and was called to the bar at Lincoln's Inn on the 28th June in that year. Mr. Jacob edited, in conjunction with Mr. Walker, two volumes of Reports of Cases in the Court of Chancery during the time of Lord Chancellor Eldon, commencing Trinity Term 1819. These were followed up by himself alone by another volume of similar Reports, commencing Easter Term 1821, published in 1828.

23. At his residence in Wigmorestreet, in his 47th year, the Right Hon. Henry Frederick James, fifth Earl of Egmont, Viscount Perceval (in Ireland), and fourth Baron Lovell and Holland (in England). The deceased peer was great grandson of John, second Earl of Egmont (First Lord of the Admiralty in the Ministry which succeeded Lord Bute's in 1763), who was father, by a second marriage, of the late Lord Arden and the Right Hon. Spencer Perceval. Dying unmarried his titles have devolved upon his cousin, the Right Hon. George James Lord Arden, a captain in the navy.

25. At Warren's Hotel, Regent-st.,

aged 64, Lord Douglas Gordon Hallyburton, a Deputy-Lieutenant of Forfarshire, and late M.P. for that county; half-brother to the Marquess of Huntly. He was the only son by the second marriage of George fourth Earl of Aboyne, with Lady Mary Douglas, daughter of James fourteenth Earl of Morton, and Agatha, daughter of James Hallyburton, of Pitcur. On the death of his cousin, the Hon. Hamilton Douglas Hallyburton, of Pitcur, in 1784, he succeeded to his extensive property in the county of Forfar, and in consequence assumed the name and arms of Hallyburton of Pitcur. The Hon. D. G. Hallyburton was first returned to Parliament for Forfarshire, on Whig principles, in 1831, and he continued to represent that county, until the last election in 1841.

27. At his residence, Mount Anville, near Dublin, aged 48, John Beatty West, esq., Queen's Counsel, M.P. for that city.

At his villa at Petersham, at an advanced age, Vice-Admiral Sir G. Scott, K.C.B. He had seen much service during the last war, and he attained the rank of Vice-Admiral of the White Squadron on the 10th of January, 1837. On the 13th of September, 1831, he was nominated a K.C.B. Sir George married in 1810, the Hon. Caroline Lucy Douglas, second daughter of the late and sister to the present Lord Douglas, of Douglas.

28. At Merton House, near Berwickupon-Tweed, in his 84th year, the Right Hon. Hugh Scott, fourth Baron Polwarth, in the peerage of Scotland (1690), a Deputy Lieutenant of the Counties of Roxburgh and Selkirk. His Lordship was the only son of Walter Scott, of Harden, co. Berwick, esq., M.P. for Roxburghshire, and Receiver and Cashier of the Excise in Scotland, by Lady Diana Hume, third and youngest daughter of Hugh third Earl of Marchmont and Baron Polwarth. Hugh Earl of Marchmont executed an entail of his estates in 1790, whereby the issue of his daughter, Lady Diana, by her then husband, Mr. Scott, were specially excluded from the inheritance. The claim of Mr. Scott, of Harden, however, to the title of Baron Polwarth, as son of the only daughter of the last Earl that left surviving issue, was admitted by the House of Peers in June, 1835. Lord Polwarth married Henrietta, daughter of Hans Moritz Count Bruhl, of Saxony,

and Envoy from the court of Dresden to Great Britain.

29. At Tregothnan, Cornwall, after a few days' illness, in his 55th year, the Right Hon. Edward Boscawen, Earl of Falmouth (1821), fourth Viscount Falmouth and Baron Boscawen-Rose, co. Cornwall (1720). His Lordship was the elder son of George Evelyn, the third Viscount, by Elizabeth Anne, only daughter of John Crewe, of Bolesworth Castle, in Cheshire, esq. He succeeded to the peerage when in his 21st year, on the death of his father, Feb. 14th, 1808, being at that time an Ensign in the Coldstream guards; and was advanced to an Earldom, at the coronation of George IV., by patent dated July 9, 1821.

Lately. The Dictator of Paraguay, Dr. Jose Gaspar Francia, whose death has been repeatedly rumoured, has at length closed his extraordinary career; the place and exact date of his decease are not known. This extraordinary character was the son of a French, or more probably a Portuguese settler, by a Creole lady. He was originally intended for the church, and received an excellent education at the University of Cordova de Tucuman. Theology, however, proving unsuited to his taste, he turned to the more congenial study of the law. In this his proud and lofty bearing, his unbounded eloquence, and his fearless and undaunted character, raised him to the height of popularity; at this period of his life he seems to have combined the noblest qualities of the scholar and the gentleman, without the slightest tinge of those peculiarities which darken his subsequent career. When the Portuguese colonies asserted their independence, Dr. Francia highly distinguished himself, and by vigour and policy raised himself to the Joint Consulship of the infant Republic: this he speedily converted into a Dictator ship (in 1813) by the deposition of his colleague Yegros, a mere legislative simpleton. From this moment he governed with the most absolute power, a gloomy, solitary, suspicious despotyet no mean tyrant. Retired to a small and wretchedly furnished cottage, without any other attendant than his sister, with no ostensible guards or retinue,

Francia governed Paraguay as no other state of South America was ruled; while civil war and convulsion distracted every neighbouring state, Paraguay, under its extraordinary ruler, enjoyed the profoundest peace, and recovered itself from the effects of the civil wars. Dr. Francia's seclusive policy, however, though admirably adapted for the temporary tranquillity of the state, could never develope its resources, or ultimately promote its prosperity; his death, therefore, will add this rich and well-watered country to the other civi lised nations of the earth.

- At St. Petersburgh, in his 71st year, Admiral Sir George Montague Hamilton. This officer, who attained a high rank in the Russian service, was originally in the British navy, in which he entered a midshipman, under Admiral Digby, on board a frigate on the North American station; in which also the late Duke of Clarence commenced his career. Subsequently he served in the Rotterdam, of 50 guns, captured from the enemy; and afterwards in the Magnificent, 74. From this ship he entered the Swedish service, the Northern Powers being then engaged in hostilities; but peace being soon concluded, he went with strong letters of recommendation from the Ambassador at Stockholm to the Russian Court; and entering their naval service was immediately appointed captain of a frigate, though no more than 21 years of age, and compelled at first, from want of knowledge of the language, to communicate his orders through an interpreter. He afterwards served in the Caspian, Black Sea, Mediterranean, and Baltic; and after being raised to the rank of Vice-Admiral, commanded the Baltic fleet. He was made Commodore in 1818, Rear-Admiral in 1826, and Vice-Admiral in 1830. He was a skilful navigator and good officer; and was Knight of the Military Orders of St. Anne, 1st class; and of St. George, 3d class; and of that of St. Wladimir. For the last four or five years of his life he was member of the Auditoriat of the Russian Navy, a board of supervision with judicial powers, the duties of which are performed at St. Petersburgh.

THE Lord Denman, in the absence of the Lord Chancellor, entered the House in his robes, preceded by the Serjeant with the mace, Black Rod carrying the Lord High Steward's staff, and Garter with his sceptre, and took his seat on the Woolsack, as Lord Speaker.

After prayers the roll of Peers was called over by the Clerk Assistant beginning with the junior Baron.

The Clerk of the Crown in Chancery and the Deputy Clerk of the Crown in the Queen's Bench then made three reverences, and the Clerk of the Crown in Chancery, on his knee, delivered the Commission to the Lord Speaker, who gave it to the Deputy Clerk of the Crown in the Queen's Bench, who received it on his knee; both the clerks then retired, with like reverences, to the table.

After proclamation made for silence,

Lord Speaker. Let her Ma jesty's Commission be read, and let all persons rise and be uncovered while the same is read.

The Commission was read by the Deputy Clerk of the Crown in the Queen's Bench, appointing Thomas Lord Denman as Lord High Steward.

Then Garter and the Gentleman Usher of the Black Rod, having made their reverences, proceeded to the Woolsack, and having taken their places on the right hand of the Lord High Steward, both holding the white staff, presented it on their knees to his Grace.

His Grace then rose, and, having made reverence to the throne, took his seat in the chair of state placed on the upper step but one of the throne, and delivered the staff to the Gentleman Usher of the Black Rod.

Proclamation for silence was made by the Serjeant-at-Arms.

The writ of Certiorari to remove the indictment, with the return thereto, and the record of the indictment, were read by the Deputy Clerk of the Crown in the Queen's Bench.

Proclamation was made by the Serjeant-at-Arms for the Yeoman Usher to bring James Thomas Earl of Cardigan to the bar.

The Earl of Cardigan was brought to the bar by the Yeoman Usher, and on approaching it made three reverences, and knelt till

directed by the Lord High Steward to rise; then he made three reverences, one to his Grace the Lord High Steward, and one to the Peers on either side, who returned the same; his Lordship was then conducted to the stool provided for him within the bar, near to his Lordship's counsel.

Lord High Steward.-My Lord Cardigan, your Lordship stands at the bar charged with the offence of firing with a loaded pistol at Harvey Garnett Phipps Tuckett, with intent to murder him; in a second count you are charged with firing with intent to maim and disable him; and in a third count you are charged with firing with intent to do him some grievous bodily harm. Your Lordship will now be arraigned on that indict

ment.

Then the Earl of Cardigan was arraigned by the Deputy Clerk of the Crown in the Queen's Bench in the usual manner.

Deputy Clerk of the Crown. How say you, my Lord, are you guilty of the felony with which you stand charged, or Not guilty? Earl of Cardigan.-Not guilty, my Lords.

Deputy Clerk of the Crown. How will your Lordship be tried? Earl of Cardigan. By my Peers.

Deputy Clerk of the Crown. God send your Lordship a good deliverance.

His Grace the Lord High Steward, by leave of the Court, removed to the table, preceded by Garter and Black Rod; and his Grace being seated, Black Rod took his seat on a stool at the corner of the table on his Grace's right hand, holding the white staff, Garter on a stool on Black Rod's right, and the Serjeant at

the lower end of the table on the same side.

The Indictment having been stated by the Queen's Counsel for the Crown, Sir John Campbell, Attorney-General, spoke as follows:

My Lords, I have the honour to attend you upon this occasion as Attorney-General for her Majesty, to lay before you the circumstances of this case,-without any object or wish on my part, except that I may humbly assist your Lordships in coming to a right conclusion upon it according to its merits.

My Lords, an indictment has been found against a Peer of the realm by a Grand Jury of the country, charging him with a felony, the punishment for which is

transportation or imprisonment. That indictment has been removed before your Lordships, at the request of the noble prisoner,-most properly made, for an inferior court had no jurisdiction to try it. This charge being upon the face of it so serious, it would not have been satisfactory if it had gone off without any inquiry; and the policeman, who was upon this occasion bound over to prosecute, had fulfilled the condition of his recognizance by appearing at the Central Criminal Court and preferring the indictment.

My Lords, in the course of this trial it is possible that questions of magnitude upon the construction of Acts of Parliament, and respecting the privileges of the peerage, may arise,-which it is of great importance to this House, to the Crown, and to the community, should be deliberately discussed. According to all the precedents that can be found, whenever there has been a Peer tried in Parlia

ment, the prosecution has been conducted by the law officers of the Crown.

Fortunately, my Lords, we have no living memory upon this subject. It is now sixty-four years since any proceeding of this sort has taken place; and I am rejoiced to think, my Lords, that the charge against the noble prisoner at the bar does not imply any degree of moral turpitude, and that if he should be found guilty the conviction will reflect no lasting discredit upon the illustrious order to which he belongs. But, my Lords, it seems to me that he clearly has been guilty of a breach of the statute law of the realm, which this and all courts of justice are bound to respect and enforce: Your Lordships are not sitting here as a Court of Honour, or as a branch of the Legislature; your Lordships are sitting here as a Court of Justice,-bound by the rules of law, and under a sanction as sacred as that of an oath.

My Lords, the indictment against the Earl of Cardigan is framed upon an Act of Parliament which was passed in the first year of the reign of her present Majesty Queen Victoria; it charges his Lordship with having shot at Captain Harvey Tuckett with the several intents that are set forth in the different counts. I think, my Lords, that in opening the case to your Lordships, I shall best discharge my duty by presenting to you a brief history of the enactments of the legislature upon this subject.

By the common law of England, where death did not ensue, no personal violence amounted to more than a misdemeanour, and if the wounded party did not die within

a year and a day no felony was committed.

The first Act of Parliament that created a felony where death did not ensue was the fifth of Henry 4th, cap. 5, whereby certain personal injuries without death were made felonies, but with benefit of clergy. Then, my Lords, came the Coventry Act, in the twenty-second and twenty-third of Charles 2nd, whereby any person lying in wait for, and wounding with intent to maim or disfigure, was guilty of felony, without benefit of clergy. Under both of those statutes no offence was committed unless a wound were inflicted; and it was not until the ninth of George 1st, commonly called the Black Act, that an attempt upon life without wounding was made a felony.

My Lords, by that Act of Parliament it was enacted, that "if any person shall wilfully and maliciously shoot at any person in any dwelling-house or other place," he shall be guilty of felony, without benefit of clergy, although no wound were inflicted. But, my Lords, it was determined upon that statute (of which, in fairness to the noble prisoner, it is my duty to remind your Lordships), that unless the case was one in which, if death had ensued, it would have amounted to murder, no offence was committed. That was determined in the case of the King v. Gastineaux, which is reported in the first volume of Leach's Crown Law, page 417. In that case the law was thus laid down:-"The offence charged in this indictment is described by the statute on which it is framed in very few and clear words, which are, That if any person or persons shall wilfully and maliciously