The Express.
London, England, 1851-03-31 00:00:00

•
IN a. Talbot was to go there as a postulant nominally ;
but then was nothing to lead the court to know hoer
that was brought about. The convent had gut the young
lady in this position, " Remember' you c.iulil not come
her e. a boarder, In as t only a pcotulaut —will you not be
sin again-t your eunsew,,ct if you now see to lase the
!onto lot r" and in that way Exercise au uteiu influence
over her future proceedings. The affidavit of Mr. Berkeley
went distinctly to auto that he was informed no person
Could be admitted except m • postulant. Miss Jerningham
admitted in her alSdavit that she did have a conversation
Mout the. black and white veils—that elie had told Mr.
Berkeley that no 'slim we re admitted a gerund time except
pustuiauts, and that she win Called a postulant wily be-
Cause they did nut take board, rs; but that she was perfectly
free to leave the convent whenever she plea.serl. In the
amended &Magri of Mi.. Jeruirighans Me merely swum
that they " called her • postulant," omittintatahrde words
bereau,, and only because, we did not take era "
the. one tint prepared not having limn sworn to by Mi.
ierningliarn. Another material alteration in the original
draft was, that Miss Talbot was not there aa "an or-
dinary or usual postulant." That was 'finite true, be-
cause they did not always get a young lady with 10,0•31.
It was clear then that she was • postulant, and that she hail
taken the linitskp in this fearful course Iron which there was
prolololy no retreat. Ile whined to know whether the court
would ever permit its ward to be placed in such • position
—whether it would nut at once interpose its authority to
parent this step he ing completed Nu mater whether she
ld
was pa-so:wood of property or not, such in
not, be hoped, he tulerato el in this country. Although
nob sly in this country could he compelled to give their pro-
peony bi any religious emaantunity, or for any spiritual
purpose, yet the Council of Trent, on he found eta rules set
nut in (Maryland, vol. 2E4, under the article "Vieux,'
laid it down distsurtly that the property of all religious
men and women ought not to he held by them separately
or privately, but haridesl over to the superior or superion.
to by incorporated with the property of the consent. In
the ea. of "Fulham r. Miaarthy," (12 Jurist), and
(1 Ilouw• of herds r.ro.-.), which hail reference to the
referent of Blrekrock, county Cork, and which came
beim- the House of Lords, it we. shown that
the two sisters Maearthy, who had Income nuns,
had assiAned their property to tin courcut in conformity
with your vow of 0111:111k nee. 'flit re were three vows, as
his lordship was aware••ehastity, poverty, awl obedience.
The- lewd Enaneellor of Ireland, before whom the case was
honed, olismiyed the CllllO on its merit., awl with costs. The
alio kiroor was that the two sisters had been inolueed to sign
tho- oA under dureo and suggested an nslle to try
whet', r it hod been fairly and honestly olotaimal, but the
part.., shrank frau that ordeal. When the ease conic be-
two. the 'louses of Lords some strictures were made by the
Lord I •ledieellor on that point. It might be said that the
rules of the Couto, il of 1 road were oholete, hut he hail
cit. d this ram to show that tiny were still in full force in
the century, and that the ininates of these religious
bons, were us as much duress and restraint as
if, P. nee the wands of one of the peril. sin the case of "Ful-
ham v. Macartlay," " • pistol was held to their head."
ere
trust el, undo r these eircumotinces, the court would
eutioot to the prayer of the petitioner in the present
rate-, and that either one of two things should be done—
that some party should be schtted by his lordship to take
charm 66t the interests of the young lardy, and take her oat
of the charge of Dr. Ih.yle ; or that Mr. Berkeley should
be p milted to wateh the prosecution of these proceedings
In her lohalf, and obtain recess to her. At present she was
citluth a from all her relation, and if she was induced to
espy'., All Ohjeetloll to serhig yr. Berkeley, then he trusted
that soon, ot her relatives might be appointed to sec and
consult with her on her affairs. They had no ultpakion to
kin lord -hip's temporary arrangement during the reference
to the Master; but he hopisl, in addition, her halbsisto.r and
her loth. r relatives would b • permitted to me her. Ile had
repelled the base and shameful insinuation of Dr. llo•nolren
elatio• to Mr. Berkeley's intenoto el imiuiries revolting
Miss Tailint. 'The sole-nom hail distinctly To gatived that
I • eti ~,,, and his lordship had done justice to the purity
M r I ierkeley's nii it ves, and the Wolin. that had prompted
his into elerenee, set-ing that he had no inttrest w hootewr
in the disposal of her property. Under these eireunistances
lie rele .1 with emitiolen“• mien' his lordship compelling Dr.
"my!. to move for the tint time in the duties of his
guar-di-m.114,, which, it would appear, had boson hitherto
oh. 'fully neglected by him, and comeluolvel by praying the
into rfo r. err. of the court.
Mr. I:Orkin-di followed on the /4111111- side. It was itnpussi-
-1.1.• that .illy meaning could be drawer from the words in his
lordship's orolo r- "rare wool management "- but that the'
infuut ,hootilol lie placed in the custody of the Earl and
C of Shrewsbury. Ile believed the court would be
0101Iillioll that Dr. Doyle, in permitting her to lie placed
in the consent, had loin guilty of IA gm. contempt of his
looroldlip'• order and of that comet. Being deserted by
lord sal Laoly Shrewsbury, who hoot gone to the Continent
for s. • iudehrrite• period, it was not surprising that she
should 1111/fen a wish to return to a place where, he had no
doubt, she had bee n treated with liudueos and toonsido.rat io in,
and, fowling that she could not tie admitted RA a boarder,
she pro-hared going in as a potulunt. InVan Evan it was
laid dose's that a postulant was one seeking a convents/ad
life tool in probation, and the words of Mess olernifighlur
"that shy was as likely to Monne a 111111 ae not"—fully
corrolsoratoll that definition. lir. Doyle aud Dr. Ileudrma
also admitted that it was a mulastionary and preparatory
Mate. the nearest analogy to a young lady, a ward of
court, taking the oil was Itrr marriage and it Was a step
'heti rcimired all (hi' consideration oiCher guardian, whom
duty it was to place all the advantages awl disadvantages
of smell a shop in its proper light. Dr. Doyle hail done no-
thing of the kind; and in this nowt serious no ghat of he
duty. as a guardian. he Imo' ...... uitted a contempt of that
court. It was well known aml admitted toy all cannier...l
writers that by the vow of poverty taken iii thoec eases, the I
infant ...old he preluded from lasemming any private I
toot It, of her awn afto r taking the vows. Although the
nootoey might nut have 1144•11 gisiii to that panieular con- ,
sent, tip re was 110111/t that it 11001111 k KiVell toe spiritual
purposes.
Mr. Rob •sid be appears I On behalf eif Die infant awl of
Dr Doyle, her li•cal gliarilian, to 101.11ef .negate s 1..111-
1/1114 •I en a petition pno nue" to his lordship (air stuterawarts
mot Ire .).-r of the petition 11.111. 1.114•11 already set out iu this
report but a great quantify sot' irrelevant matter had
Is .1, .alrdue, .1 which had 110 ferefellee whateser to the
matt r ....tuned in the t° whin. Tho relief, he understood,
that w asked, 4, the fk 11101111 of or. Door from the
guar,besivhip, although a great many words were thrown
r .1 it Doe who was appointed guardian by the father
of the hold was in a situation wt gnat trust and responsibi-
lota . tool would not le removes' by that court on light
As to the imputations nostiug on Lord and Lady
She, w.loury, he would lea e his learned friend Mr. l'arker
to newer them.
tlr West ..rho whole control over the infant Wa4 ill
the care and management of h. r, 11114, r his ',mind,
twin:: sire n by the order 01 court to Lord and lady shrew.
lour, whom it was not monsiden-d nensaary to serve with
thie pi Whateeer, thereof... was to be said fur them
wool& he y .e 14141. b, mid he Mr. Kolb
Mr. Bolt -What was .keel with respect to Lord and
lads Shrimdiury was, that in elOnelllieller of charges
mob- in no light phraseology against them, the care and
rust...ly of the infant hh.ul.l lw taken from them; and
forth, r. it was asked that Mr. rkeley should base urea
to ho r. they were tint charm ol with sending her to this
eon.. M. and again with semling her back there after •
temperer, rearmed, with Ow ultimate view of her adopt-
ing a 4.mrrntuAll life. Ile again refemsl to the statement*
and prayer of the petition. %Melt aould lead the court to
belies.- that the petitherr for eight years was totally Unm-
eant of the movemeuts oaf the infant, and believed her to
lie Iris. Hine abroad 111.11`f the 1..1tt• and custody of the
Earl mod t'ountow of shrew shuts. The petitioneor further
elated that Ile helietk Lk 111111110, the infant was 1111111.114
imbieneed with regard to a Marriage with M. Ituchoofints
vault. of Frame. and that the °nude. had declared if' she
slid wit fall into her view., she was eletioriniued
Miss rabor should tat o• the veil, and accordingly
arm it, r bark to the consent with the avowed object. It
was furtlwr alleged that hr. Doyle silently acquiewed in
all these proceedings, and did not iuterfere in any way, and
the pititiimer concludes' by praying that the Ottani should
he placed in other hands, and that he (Mr Berkeley) ohould
has,- oess to her at all reasonable tine,. It was led to be
intern .1 that they had practise,' a fraud upon the court in
eslotamingo the kinlef 01 180. lint 1101.1 that the whole of
the ease am. before the court. it would he Peen that the
charge rm. as futile u one as had ever been Itlnde, and that
the court haul elistiuctiv eh, lined to interfere with the edu-
catl-•i of the infant. 'lt was attempted to be proved that
she was to Ile tweed into a mintage --that her determine-
tWii has lug enalil,sl her to resist that, a resolution was
cone, t p. compel her to take the veil, and stow all these
stn, rm its were unhand •01, and something else set up in a
main, r which he doubted not would call for the reproba-
tion ,d• the court. The affidavit of the mother in 114401 set
forth that she promised her husband labor. his death that
the intent should lao brought tip re catholic-, and that she had
girt la him a promise to that eiteet, and had done all in her
power to carry out his wishes Ihe learned counsel then re-
ferved to the correspond, nee that took place between Dr.
Doyle and the mother in the year ISM, Dr. Doyle proposing
New Hall or Spetsbury. and the mother objecting on
account of her daughter's health, and the Lord 'Chancellor
then irityrfereal, and directed that she should remain with
her mother fur the present. When the infant was alder,
and alter the death of the mother. lie. Doyle, in what hC
bdiesetl tor be the discharge' if his duty. sent her to this
school at Taunton. Ile was throughout acting under the
obligation he believed he hail incurted with the' father, and
no imputatont whatever could he east upon him for so
doing. It was imperative on Dr. Doyle that the wishes of
the tother should be carried out, and nu reflection could be
cast upon him for the way in which he had acted. If Mr.
Berkeley thought there was any impropriety in sending her
to Taunter', why did he in l/stl allow her to he sent there ?
On the contrary. no coraphsint was made till 1813. and then
it was merely that the allowance was too large, but no oh•
jection whatever was Wade to the school. tin. Doyle said
he placed her at that school with the full approval of the j
Earl and Countess of Shrewsbury, and throughout it might
be seen that the main point referred to in these early peti-
(ions was a reference, not to the system of education, but
to the coot of that education.
The' ease was here stopped, it being past 3 o'clock, and
the further hearing was adjourned.
-------
MISS TALBOT'S LETTER.
The following is a copy of a letter said to have been sent
by Miss Talbot to the Lord Chancellor, and which, it is
understood, has been referred to in the Count' of the pro-
ceedings in her ease :
" Taunton, Tuesday, Feb. 18.
" 3ly Lord,—You will, of course, see that I have written
in answer to Mr. Craven Berkeley's false statement'', and
I'm sure, is such • ease, you will think it only Just for mete
espies, myself, what is the pure truth, ss I lave done. It
is sessesly eredibis lbw a patissisa watt as Mr. Cruse
leer uk; has dame, Ow I man Fay ay kid, he was

here at the convent himself on the llth February. He then
asked me a ULLOAVIVUS set fonts of nu, as if he had
some of in view, but wished to get a little inthnnation
bef.,rehana, and at his departure he raid he rlvitild come
s4iin and bring with him a little half-sister of tingle. No '
pposit.on was made. for how could we know how Mr. C.
li. kt y Mt, ailed to act ? But, after the manner in which
he has spoken of the convent at Taunton, where I have
spent the happiest days of my life, and whore I
have experienced for nine years the must unchanging
kindness, how could I read his petition and not feel a
just indignation at such conduct? So that it is now, my lord,
my own tree and dentarate wish never again to see Mr. C.
Berkeley. Should I meet him anywhere, he would not
surely be the first to address me, and most assuredly I
should not. lie has disgraced himself for ever, in my eyes,
and I should think in the eyes of every just and reasonable
person. Believe me, my lord, I alone in this house have
shown any feelings of indignation, for all under this roof
are too good to let any feelings rise hut that which every
one must naturally reef—compassion for so weak and disho-
nourable a man. This letter your lordship is at liberty to
show to whom you please. Ido not feel to have said more
than I ought. may base spoken strongly of Mr. C. Tkrke-
ley's conduct, but I have not passed the limits of truth and
justice. I must add, that every word of this letter is from 1
myself. I am alone while writing it, and therefore no one 1
can allege that I have been prompted by any one. Every
word is the result of my own thought and r, ficetion. Mr.
Norris, whom I saw on Monday, told me of your lordship's
wish that I should go up to town again, and see a little
more of the world. It will cost use much, certainly,
to leave Taunton, where arc all my dearest and truest
friends.• But your lordship acts for the best, and I would
tea, therefore, on any account, oppose TOUT wishes. After
Easter I shall be ready to yield myself, and again enter a
world whose charms I can weer ralue,
"'Thanking your lordship fur the kind interest you have
taken in my welfare,
I remain yours respectfully.
" AI:GeSTA TALBOT."

INSOLVENT DEBTOILS. COURT.-SATUUDAY.

Ma. Giumssuissa rUILLIPP.
Ifr tee GEofiric F. wonn.—EITILAOILDINART Case.
Mr. Dowse applied to the court for its assistance under
extraordinary circumstances. The insolvent was discharged
under the act as a lunatic in Islo. He hail since become
sane, and in July last had married a widow lady (now re-
siding abroad) named Sparks. No settlement had been
mail, on her marriage with the insolvent. It was proves'
by an affidavit, which was produced, that the lady had in lice
own name, at Colitis's bank, 3-18/., a debenture in the Great
Northern Railway for 1,0001., and WILK' Greek bonds to
.401. The object of the present application was to obtain
the property for the creditor, under the insolvency, and'
Mr. Charles Lewis Mated in his athdasit that he was a cre-
ditor for upwards of &101.
Mr, l'hillips mid it was a strange state of
things, and asked in whit manner he could interfere ?
Mr. 1./owst referred to the Kith section of the 1 & 2
Vie., which gave the court power to entertain the present
application.
Mr. Commissioner l'hillips said enough had been shown
fur him to grant a rule on the banking establishment to
hold and retain the property, und on the other parties to
show CAW.: why the creditors under the insolvency should
not be paid. Undoubtedly lie should not interfere without
the lady iir her trustees hail notice of the rule. It was cer-
tainly a strange can: of a man lwing discharged as insane
and afterwards marrying a lady of fortune. Ilia llouour
granted the rule as mentioned.