The Express.
London, England, 1847-06-16 00:00:00

CHEAT 01 QUEEN'S BENCH.

THE QUEEN V. THE INHABITANTS OF ST. GILES'S IN
THE Fr/LIM—Is • MARRIAGE VALID THAT HAS BEEN
CONTRACTED BETWEEN A WIDOWER AND HIS DECEASED
Wthale &wren ?—Mr. Campbell Foster resume 1 the argu-
ment in support of the order of sessions, and the validity of
the marriage on which the pauper's settlement depends.
He contended, first, that a marriage between a widower and
the sister of his deceased wife was not within the Levitical
degrees ' • secondly, that it was not against Ood's law ; end,
thirdly, that it was not prohibited by any canons binding on
the laity. In the course of hie address, the learned counsel
gave the court to understand that the validity of 1,600 mar-
riages depeneed on the decision. Mr. Wolfinger and Mr.
Badeley, in support of the rule for gnashing the order of
seasione, submitted: 1. That the 28tFllenry VIII., e. 7,
if ever wholly repealed by the Ist Phil. & Mary, c. 8, s. 17,
was revived by the 14 khz.' e. 1, a. 10, because the last-
named statute revived the 28th Henry VIII., c. 16, and ,all
its " branches, words, and sentences, to all ietents, Construc-
tions, and purposes;" end the second section tif the 28th
Henry VIII., o. 16, expressly referred to the 28th Henry
VIII., c. 7. If that was to, then this marriage was invalid,
because it was expressly prohibited by the 28th Henry VIII.,
e. 7. 2. That this marriage was illegal under the 32nd Hen.
VIII. c. 38, as against God's law. 3. That the statute 1 Phil .
and Mary, c. 8, did not repeal that port of the 28 Hen. VIII.,
c. 7, which forbade a marriage of the kind under considers
don. 4. That it the 1 Elise. did not supersede the I Phil.
and Mary, c. 8, the preamble of the latter showed that the
legislature then contemplated only the affirmation of the
marriage of Henry VIII. and Quten Katherine, of a man
with the widow of his brother, which was to be supported,
by the Levitical Law at least, because the Queen's first hus-
band, Prince Arthur, had died without Wee, and to te sup-
' ported by the law of England, because the divorce was not
pronounced under circumstances that gave jurisdiction ; so
that the statute I Phil. and Mary, which has never been
taken to authorise marriage with a brother's widow, could
not be taken to interfere with the Levitical degrees. 6. That
the statute of Will. IV. must be taken to have meant by
" prohibited degrees" a prohibition well known or easily to
be ascertained. 6. That the early reformers and ell the great
writers of the Continent concurred with the ("monists in
condemning a marriage of this kind. 7. That the prohibi-
tion of marriage with a deceased wife's sister was sufficiently
to be implied from the verses in 18 Lev. previous to the 18th ;
while that verse ought to be interpreted as an interdict of
polygamy. 8. That the current of domestic authority and
belief was opposed to the doctrines advanced by the other
side. And, 9. That the court would take care that the in-
terests of morality did not suffer by a distinction between
natural and legal consanguinity, which, in questions of mar-
riage within the prohibited degrees, had always been repu-
diated. The further hearing was then postponed till to•
morrow week.

Nisi Puce.—Be'ore Mr. Janice wightman.
HOUGHTON V. SILVEALOCY.—LIBEL.—MV. lininfrey and
Mr. Lush appeared for the plaintiff, and Mr. Salient Tel-
fourd and Mr. Creasy for the defendant. The plaintiff was
a commander in the navy, and the defendant was the pro-
prietor of a newspaper called the Nautical Stanford and
Steam Navigation Gime& and the action was brought for
an all.ged libel. Itillpmieal that there is a society called
the Royal Naval Banevelent Society, which is eons=
the nature of a mama eamemse company, and thew
to which, their widows sakerphans receive pee:lathy sesia- I
aces in epos where It is required. A Ras Roth the
daughtex- in the navy, war a sppUc.nt
to this embey._ esil wee supported in harazgeation by
savin molt
g nanaveleft*, lt as Lord Catiops r E. Coa-
raling amengplethin by Capt. Hengthea, the plain-
r. opposed by same 'moms emu**'
with the A bap on this
,ss,7tt mess* he
Nautical of Aft* 22,1 *disk we headed
" The Royal Naval Charity and C 1M4005," sad
which was to the efface that " The officals, tkiridddthe
public had been pentheted by the ease of "
Dickson " (this was thief the a Mite oare),
under the preheat, et *the to Hies Hoses. At the last
quarterly lid Cada.= brought the case how*
again, laths* any :omen why the former deaths
should net " Aber some further ranstim. the
letter went on to say that " They meld make sans retheks I
CO a letter which had been soldeeseed to the paper by
Capt. Houghton, who stated himself to be ens* the oldest
subscribers, but that he *seal, a subscriber of ss. a year,
and that twenty yearn ego this man of no donations pre-
saged a petition to the oesiety, and received from it as
many pads se herbal enbsd ski linp that a Judie.
=ld= whisk he pmeethil wes dbetheed. He had I
a petition whisk was prontherd ise motbar per-
son, whisk was rejected, hawk* that the Wham woe , ea-
Should a non who had-remised the elms.* the '
safety bothswed to vote away Its funds I" This was the
et:thanes et the libel complained of, to which there
wee aer belitharm. It was rood that many years
.ari.othidamr.orken was
eavesmtehded. oawnifid.ot
a yacht,
cad o,
"fag" komiliall", took some contsabond goods
on bevel, mit the was abed sad iiiirligsamd, and it
the he this km that Cap illeuglaces meth* a grant
from the sethep.—Pred if the peprietonhip and publica-
tion bast* been glean, Lthament Milord, R.N. was
call* le piece thethe bathed the article applied.* Chpt.
=Llhe the defence it was urged that the letter to
oss answer to one whith 'Cepa* Houghton
Mama edam to the Nautical Standen. en the sub-
bed; la whisk le obeyed lino& the of Miss Hoare
and whith barbed essament. It the trop that Captehe
Hone:toe bed residved more the be bed paid to the 'misty,
but it was no dissradit to him ; nor was there say.~ thieve-
loth in the memo In which it wee aerated. The whole
letter was that .ort a pennon writing with falperfeet ti-
forl•Siiol4 sad- that Inicesaethav p Math* the
authority of f coat Hiughtoe en the patisder enhiea to
which it nlard nen the no red thimfrakett ea Ma
honour orprint chons terought ; end as he bed sarpotertevtamayon
• in ,be
to
used in the mums of it. not
No =Mat ever boos le:2
—The jury, at the aloes of the lemma eirjoutre teldirees,
intimated that they had aggeed on their verdict; but Mr.
Jim* Wish** thought it woad be mom to
the parties if the ease ths imetened up, of whisk the Till
found • verdict for the Sellembia.
CANVAS V. Peal AND orsonts.—Tensethe /011
1714D111 VlOllOlOl m nnothitrant 701 Rare.-•--Mr.
Sojeant C. Joon and Mr.. Cherish thew the the
pkuntiff ;. sad Mr. Bramwell tear the delbehat.
The Oath, was a peer *man, who:4lS
had bean he yeses the' Maryletyas .4
and the Slisiodants were the emettem it poem
was the pespdaer of a tithe whisk tb
dridyal=
skoean
ot*atikßars ttatgliked Ar ds.
whoop for ill' dailies
thee, kir
il.V.!aleT
Parc s • lir
pet
ea tato the Meth eat of the whim; ea
one Oath esitin, bathe* a
mulls ma pima ander Om install she he,"rilligrillide
having _bas permbi, it thir veiled kir he dames that*,
plaintil bed never paid thatathe the death of ilrervoid
that she had been othred Amet of her goods it
lea* while the ,of the ledgers Wee * te
them It wee ht of the heave and torsi;
tun SWIM took place, whisk me and
tun very thslitateis which had boottletsited by
the 'Soft plehttilt.—'Verdict for the pleintie—
Damages la '
JUDGES' CHAMBER&
8111711 e. Blll.—Dlrra7-uutis Tthoelia.—Pouch
WIIIISSMe—IA this cam whisk was an Mien toy the hus-
band a Item Raba, the opera hos* wise the loess of
Drortimerilombe, for es Mood binth& et
Imilealeseme mole to 10.-Juillie a saw
lethsthes vellauneoln Italy seet " kr a
pamposisment ergo tdaL A gentlemen that the MIN of
Xr.1301,410 thaw Ist the phial( tablidthrk=
tha. The 11111111,1110 to b• OW ea lath* OM,
en thee samiliese la lei aiS sem the
on whisk the appikelenref. arde.—Xe. hat*
viol that in Mies appithelone, ft retched, thee=
sEardsel.—Mr. Lewb he • ream With afilamit=
labial* Mai= he me* nongreatel to that
the Maths et letisakth.thblec end Ica
...4.411174,1,..5natt hirt;saysurly •mity
was la Rely mad the *Ulianlas in Prams,
soli be inlaid etheinly lb. plaintiff* to
*ewer the othlials. mad .*mined gthe
VIM* ilimedroSE bad am netionbee, to
anew. the_ 11 1110111161111 !eve*a
DA* se sow lbs tithe oath. •

CRNTRAL CRIMINAL COURT.
ow COMM—Reim the Recorder.
Womanise • Wiffse—lown Lofrse Brock, 57, dwaribial
ha OM islander as a moldier, was indicted for having maw-
tally eat wad wooded kw, hie wife, with MOM to maim