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London, England, 1825-01-27 00:00:00

THE BRITISH PRESS.

that the conviction was regular; but the Court refused the rule,
and held that the Magistrate was bound by the erroneous commit-
ment, notwithstanding the regular conviction. To the good sense
of that decision he (..tergeant Vaughan) submitted the Court was
bound to subscribe.
Mr. Justice (LaSELEE, being obliged to sit at Nisi Prins, in
London, the further consideration of the case was postponod till
to-morrow. _ _

At the Niel Prim: Sittings, afterwards at the New Court, a few
undefended causes were disposed of having no public interest.

CONSISTORV COURT, WIDXESDAY, JAN.'_!.
[Erftre Sir C. Itozixsox, Bart.]

An application was made by DT. SWARTY, on the part of the
perish of St. Illarnin's.le-Grand, for a taculty to enable then: to
pull down a Church in St. Martin's-lane, Catmon-street, situate in
the ►aid parish. and used since the Fire of London, for the service
of the French Prottstants. The surveyor's report of the ruinous
state of the building being read, the Court granted the motion;
adding, that as the parish had parted with their right to the French
PrOtestants, which cession was subsequently confirmed by Parlia-
ment, the decree must be made special.

OFFICE Ot THE JCDGE TROROTEII NT THE CHURCH-
WAILDIXS Or GREAT WALDEN, ESSEX, N. REV. 0. S.

CLARKE, D.D.
Sir C. ROIITNROW said this was a proceeding instituted against
Doctor Clarke, containing no less than eighteen articles, charging
him with obstructing the church service, and creating a disturbance
in the church, and with other offences, of such a nature as to lug_
gent a doubt of the sanity of the person perpetrating them. When
the proceedings were first brought before the Court, it acted in such
a manner as showed its compassion for the unfortunate individual
so situated, and with the hope that the compassion so shown would
have iiitiuced Dr. Clarke to retrain from such conduct as left it inn-
peratire on the churchwardens to exhibit the articles praying his
I suspension ; those hopes having ben frustrated, there was no
ground why this Court should longer delay pronouncing swipe:). I
lion against the offending party. The Learned Judge here recited
the different articles e proved by the Reverend Mr. Bird, the cler-
gyman appointed by the Bishop of London to officiate in the parish,
I and others, which have been some time before the public. To these
charges no denial had been given, no appearance in Court made.
The Court must therefore consider the articles proved, and would
proceed to exercise the painful duty that devolved upon it. It had
no other mune to pursue titan the strict line of duty prescribed by
ancient practice, as stated in the decretals. The Court therefore
decreed, that Doctor Clarke be suspended firm his clerical office
and all benefits arising therefrom, fur two years, with full costs of
suit ; that at the expiration of that
.period, Doctor Clarke should
exhibit to the Court a certificate signed by three resident der.
gymen of his neighbourhood of the propriety of his behaviour,
during that period ' • the suspension not to rcla:t until such cer-
tificate is produced and approved of by this Court ; that a decree
for sequestration of the profits of the living shall pass ; and that
Mr. U. B. Parker, of Chelmsford, be appointed sequestrator, to
act and account, as in the case Dix it. Iluddersford ; this suspen-
sion to be publicly read at the pariah church on the next and suc-
ceeding Sunday.

W. SAIJWAREZ V. CHARLOTTE IT/T.I.Y, FALSELY CALLINW

MZUStI.7 SAUMMIEZ.

Dr. ADDAMS said, this was a suit instituted by the Committee o
'sir. 'suntans (a lunatic), for nullity of marriage, by reason of a
former marriage, solemnised by the defendant, and then existing at
the time °Cher second marriage. Dr. A. exhibited a libel, pleading
that the second message was legally solemnised according to the
ceremonies of the Church of Ireland, and praying that it should
be received.

Drs. Aix OLD and DODSON opposed the admission of the libel,
on the ground that the licence obtained from the Archbishop of
Armagh, authorising the patties to marry, had contained a cove-
nant that the parties were to have obtained the consent of their
parents cc guardians, previous to the martiage being celebrated,
and that such marriage stoutd take place in their parish church,
within canonical hours, and sTreeable to the accustomed manner.
The article attached to the exhibit stated that the parties were mar.
tied in the house of the Rev. J. 11. Stubbs, of Dundalk, and not in
the parish church. There was not any statement that the parties
had obtained the consent of their parents, or were of as; to warrant
their consent being dispensed with.
Dr. ADDAMS replied.
•

Sir C. ROBINSON thought was not necessary to say more in
the first instance in the pleading, than that the mart age was legally
solemnised according to the ritcs of the Church of Inland. It was
not usual to require evidence of the manner in which the marriage
should be celebrated, in all its particulars, in the first stage of the
proceedings.
The label admitted.