The Express.
London, England, 1865-05-27 00:00:00

PiraghL
The Ads:weepGeneral, with whom were Mr. BiggsDay
and Mr. }Pithier., for the appellants, stated that It wig
set desired to take the child from ate mother, but contended
that auk a guudianshio should be instituted se would
omen lis being brought up in the Roman catholic faith,
alarm* the Master of the Rolls bad declined to make cedar
se to the religious faith of the child, but had left that at
pees= is the =ads of the mother, and it was believed that
she desks= to =scale it in the protestant religion. It
would be satistatkey to the appellant if a weather of the
family of the Pam was associated with the mother in the
guardiusithip es gush terms as the court should direct.
alb. H. Cairns, Mr. Selwyn, and Mr. Hays were for the
resroadeaP.
The Lord Chaaoslior said that is the order he should make
be should direct that an application should be made to the
mart =ea the child was ire or six years old ; he would act
semoide in the guardianship anyone of a dilerent religion
to the mother, in order to prevent bickerings, sad
es
it was his insormoice that it was due to the
hither thst the order should be prefaced by declaration that
M mks the duty of the court sad the guaidisoa that the
child should be brought op in the Roams catholic faith, he
rind whether then womb' be any objection to modale the
pus= husband of the mother in the guardianship.
After farther arguments
His lordship said that the law of the co:a enabled a
father to st. gsardiaas to his infant and gave
. him power direct and by the relation of sine, to &-
WOW* the religious education of a child. The court as.
sand the parental right, and gave its directions io such a
maw as the father would have directed. Where there
wee clear proof of the faith of the father—it being
Chrittien—ths court would take care that the ehtld
was brought up is the religious faith whisk . the
father would have derived. With regard to as infant
of Wedge yam it world be idle to lay down any scheme
for Its religious education. Its physical well being was the
thing to be cared for, sod that would be best secured by
the superinteedence and natural election of the mother.
Therefore he had not for • memo= thought of giving say
direction with regard to the toilet's religious education,
but was of opinion that its physicel well-lodes would be
beet preserved by the child's Wog left in the care of the
mother, associated with others, so that the wart might
have full security for its proper mainteassoe,
and he should associate with her those who would sot be
likely to interfere with the child as to produce discord and
contention. Inasmuch es be distorted from the general
rule in the order which he made for the purpose of
seeming the wellbeing of the infant, be sex desirous of
inserting is the order a declared= showing the reasons if
that departure and what was to be the rule hereafter 1/1311111
the child =a capable of receiving religions education.
That ceder, however, would refer to the levee= and not
to a future state of things, nor maid the u re be
effected by any future oircumstancee ; bat it was a deelara.
don whirl showed the maces for the terms of the ceder so
that it might not by perverted hereafter. Therefore he
do:Wed that the father was a Roman catholic at the
time of his marries* with the mother of the
Mild, and at the time of its birth, that it was baptised into
the Roman catholic church, and eatable= a member of
that church till the death of the father; that m-
ood being had to these eircumeteeses, the Add
ought, when capable of receiving religions instenotion,
to be brought up a Roman catholic; bat having regard to
the tender age of the child it must ramie in the ears of
the mother, and parer= amodated with her, so se to be
seder the control of the court until it reached the
age of seven years; and be appointed the hada=
of the mother and the pence already appointed—
for be could not remove that person—as guardians, wish a
direction that when the child was seven years rid applies.
tioashould be male to the court impieties ire gaardien.
Pip, its education. and religious isstrustion. The order of
the Muter of the Rolls woald, therefore, be so fez reversed.
With the consent of the Attorney-Gentral, the costa of
this application were ordered to be pad by the applicant.