The Sun.
London, England, 1849-03-19 00:00:00

r' THE SUN, LONDON, M:ON DA Y EVENING 4, MARCH 19, 1849.

feeling of those who listened to the opinions expressed
by the different orators, on Saturday evening, after
the emphatic expressions employed by his
Grace the Duke of WELLINGTON in reference
to the position of affairs and to the conduct of Lord
GOUGH between the Sutlej and the Jhelum. "It is
well known," said the Duke—" it is well known that
I do not consider the existing period as one of extra-
ordinary emergency." After alluding to the almost
bloodless triumph of our arms at Moulton,' his
Grace resumed—" A battle has since been fought,
where it is true, that great losses have been sustained;
and, my Lords and Gentlemen, I must say, that if we
are to fight great battles, and if great risks are to be
incurred, we must expect to incur losses in the attain-
ment of great actions. If such actions should be
fought and such victories gained without loss, it would
be considered that little honour would be acquired in
gaining such victories." With this lenient and even
eulogistic view of the triumphant progress of the
British forces under Lord GOUGH in the Punjaub,
the Commander of the Forces coupled an expression
of satisfaction at the nomination of the Victor of
Meanee to be the successor of the brave old warrior of
Sobraon. On accepting that appointment few could
have said, as Sir CHARLES NAPIER was enabled to say on
Saturday, when addressing the distinguished company
that had just greeted his name with acclamations—" I
go to India at the command of her MAJESTY, by the
recommendation, I believe, of his Grace the Duke
of WELLINGTON, and I believe I go also with the
approbation of my countrymen." Invested with
this immense and nobly-deserved popularity, the
Commander-in• Chief of the Indian Army will, in a
few days, leave England for those remote countries
in which he has already acquired an imperishable
celebrity, and in which, by the presentiment of the
nation, he will, both as a captain and as a statesman,
enhance yet more the lustre of his glorious reputa-
tion. Speaking of the fulfilment of these hopes of a
great people, the Right Hon. the President of the
Board of Control, towards the conclusion of his
eloquent and felicitous remarks, uttered an aspiration
such as already existed—though till then unexpressed
—in the soul of the nation. " I pray," said Sir
JOHN CAM HOBHOUSE, "that when he does return,
to resign into your hands the command with which
you have this day invested him, it may be said to him
in the words which one of your Governors-General—
Lord W. Biwriscx, then Governor of Madras—
addressed to the Duke of WELLINGTON—you leave
the command of the army with the regrets of
all—of all, both civilians and military—of
all, both Europeans and natives. That that
may be the result, and that it will be the result of the
Gal!ant General's exploits, I entertain the most san-
guine expectations. This is true fame—this is fame
unmixed with any regrets, and that it will be his I
believe from the bottom of my heart, and that you
who have given the impulse will be the persons best
rewarded by it." Our allusions to this interesting
and memorable banquet could not terminate with a
more pertinent ejaculation; nor could we more expli-
citly articulate the wishes which will accompany the
great Captain from the shores of England to the
inland jungles of the Punjaub. May he return to us
in health ansl glory to enjoy the realisation of all the
presages of his illustrious destiny.

Iu considering the naval estimates for the ensuing
year which have just been brought before Parliament,
it should not be forgotten that the "actual" is much
greater than the " apparent" reduction in the number
of men. Nominally, 3,000 men, "brought up to the
service, and who wished to remain in it," are to be
turned adrift, and allowed to suffer the privations in-
cidental to the want of employment. This, however,
is less than one• half of those experienced and well-
disciplined men who are to be thus discarded
and consigned to misery and wretchedness until
they can enter into the service of our
maritime rivals, who will cordially welcome and wil-
lingly.receive the invaluable treasures which we, with
such reckless prodigality, are now casting aside. It
was last year decided by Parliament that " 43,000
men should be employed in the sea service for thir-
teen lunar months, to the 31st day of March, 1849."
We learn, however, on the unquestionable authority
of the Secretary to -the Admiralty that there was " an
average excess of 3,969 men more borne on the books
than voted for the financial year." The numbers
actually employed, therefore, were no less than
46,969, and as 40,000 only have been demanded for
the ensuing year, and as we cannot suppose that it is
the intention of the Board of Admiralty to deceive
the Legislature by continuing excesses which
their Secretary described as being to him " a source
of perpetual anxiety;" that had " continually weighed
upon his mind," and were " incessantly disturbing all
his calculations," we must assume the actual 'reduc-
tion to be no less than 6,969 men who are to be thus
turned adrift in quest of employment. The total
saving to be effected by this wholesale reduction will
be " for wages to seamen and marines 69,9601., and
for victuals 115,0411." A considerable portion of the
latter saving, however, is to be ascribed to the " fall
in the price of provisions during the present year."
The total saving, therefore, consequent upon the re-
duction will not exceed 140,0001., or at the outside
150,0001., and for such a sum we are to be deprived
of the services of 6,969 tried and faithful men, and our
naval establishment is to be brought beneath the level of
that at the disposal of the AUTOCRAT of the Russiscs.l
This, then, is the real point for the consideration of
Parliament, and of the country in general. Is Eng-
land prepared to relinquish the maritime superiority
which she has maintained inviolate for so many
ages ? Is the honour of the British flag to be en-
dangered for a paltry saving—a saying so insignifi-
cant, when the magnitude of the interests involved is
taken into account ? We cannot believe that such is
the desire of the nation, or that it would be a wise
or prudent economy to do so.
We shall not now speak of the distress and misery
that must inevitably fall upon those gallant men thus
turned adrift, or the claims which they possess upon
the national gratitude. They possess no Par-
liamentary influence, and although some commise-
ration may be expressed for their unmerited suffer-
ing, no real sympathy is exhibited. None beneath
the rank of post captain have any real claim upon
the country. It would be little better than a
downright swindle to deprive Captain WILLIAM
PEEL, the Commander of 1846, the Lieu-
tenant of 1844, of his prospects of promo-
tion, to rob him of his chances of a flag by
diminishing the number of Admirals, or making the
number of flag officers suitable to the wants and re-
quirements of the service. That would be something
so atrocious that it could not for a moment be con-
templated by the tender-hearted officials, but
the casting adrift of 6,969 seamen, who have no
half-pay to look to—no wealthy friends or re-
latives from whom they could hope for assistance, is
merely a painful necessity, a sad alternative but
one which cannot be avoided; Mr. COBDEN must
be propitiated, and no patronage is forfeited thereby.
This is not, we repeat, the economy that is so
anxiously desired by the community in general.
There is no reduction, or indication of a future re-
duction, in the " non-effective" branch of the ser-
vice. The full number of Admirals are still to be
retained. A list of 150 Flag officers must be
kept up in order that " My Lords" may have a wide
field from which to select the thirteen or fourteen
whose services may actually be required. Why one-
third of the number were never wanted when our
naval force was at its very height. Mr. WARD tells
us that in 1814, when we bad 140,000 men, 99 ships
of the line, 131 frigates, 364 sloops and sixth-rate,
and 50 troop ships, there were employed afloat, Flag-
officers 42, out of a total of 204 ; Captains 282, out of
a total of 798 ; Commanders 240, out of a total of
628 Lieutenants; 1,607 out of a total of 3,286. Com.
pare the proportion which then existed between the
effective and non-effective branches of the service
with what it now is, and say how can the present
scale be justified fora moment.
Let it not be supposed that we would withhold
from the veterans the rewards that have been justly
merited for past services. No, far from it ; we would
gladly see them enjoy their otium cum dignitate;
but new claims should not be suffered to arise. The
promotions should be scrupulously watched. No
favour or influence, not even of present or quondam
Cabinet Mini tors, should be -ufficient to place anew
roan eo 11,t until ill-• number has been r, duced
Within proper limits. 50 Admirals, 250 Post-Captains,
and 300 Commanders would be amply sufficient for
any emeratney•that cettld- arise. The reduction to ,

which we have adverted could not, of course, be
brought into immediate operation. Vie I would not

interfere with any existing interests ; we would no
more deprive an Admiral of his pay or pension
than we would turn adrift an experienced
seaman " brought up to the service, and who
wished to remain in it." But only one promotion or
new appointment should be made for every three
vacancies in any grade or rank, until a fair propor-
tion was established between the number of officers
and men employed, and that promotion should be made
according to the merits of the candidates, and the
actual services they had rendered, and not on ac-
count of their aristocratic birth or Parliamentary
influence.

From every part of the kingdom and from every
denomination of Christians which does not repudiate
the name of Protestant there has arisen one universal
shout of indignation against the continued persecu-
tion of the Rev. JAMES SHORE by the Bishop of
EXETER. The meeting of ministers of the Gospel,
held this day week at Exeter Hall, has been followed
up by district meetings in every part of the metro-
polis, and by meetings in all the large towns of the
kingdom, for the purpose of petitioning Parliament on
the subject; and as it is above all things advisable that
in this weighty matter uniformity of action should
be secured, we give from the Leeds Mercury of
Saturday a copy of the Leeds petition, which we
strongly recommend as the " model petition " to
the friends of religious liberty :

To the Honourable the Commons of Great Britain and
Ireland, in Parliament assembled.

The petition of the undersigned inhabitants of the town

of feeds,

SHOWETH,—That your petitioners have heard with
deep indignation of the imprisonment of the Rev. James
Shore, for the costs of actions brought against him by the
Bi.hop of Exeter, in the Ecclesiastical Courts, for preach-
ing the Gospel.
That your petitioners regard this proceeding as an
outrageous ♦iolation of the rights of conscience, con-
demned by the spirit of Christianity and the principles
of religious toleration.
That your petitioners pray your Honourable House to
pass without delay a Bill that shall have the effect of
releasing Mr. Shore, and prevent the rep 'talon of such
acts of oppression; and also to abolish the Ecclesiastical
Courts, and remove every penalty or restraint for the
free exercise of religious opinion.
And your petitioners shall ever pray, &c.
_ _

The concluding portion of the prayer of this petition
is most important ; there can be no safety for the
religious liberty of the poor man, there can be no
Protection for the humble curate against the lawless
tyranny of a persecuting bishop, until the Ecclesias-
tical Courts shall be abolished, as the costs are so
enormous, the proceedings so dilatory, and the power
of appeal so extensive, that the man of large income
has it in his power to ruin the poor war:, however
just may be the cause of the latter, and to obtain a
judgment against him as a defaulter, from the inability
of the latter, through poverty, to continue the contest
in these courts of injustice. It is time that these
abominations should cease from out the land. The
only excuse attempted to be set up for the Bishop of
EXETER has been by his secretary, Mr. RALPH
BARNES, and the excuse of Mr. RALPH BARNES is
❑othing more than a repetition of the cuckoo cry,
" It is for costs and not fur preaching the Gospel that
he is imprisoned "—an excuse as old as the days of
the, Inquisition. "The Holy Office does not burn
heretics," said the Dominican friars, "it merely
hands them over to the secular arm ;"—so, Mr. RALPH
BARNES—" Mr. SHORE is imprisoned not for preach-
ing but for costs," as though those costs had not been
inflicted as virtually a punishment for preaching.
Indeed Mr. RALPH BARNES is himself compelled to
admit that such is the case, for he says—" The suit
on which this proceeding has been taken against Mr.
SHORE for costs was instituted in the Court of
Arches in my name by directions of the Bishop of
EXETER, for officiating as a clergyman of the
Church of England in the Bishop's diocese
without his licence." Now seeing that Mr.
SHORE had before the occasion alluded to by
Mr. RALPH BARNES publicly declared that he had
seceded from the Church of England, and that he
officiated on that occasion as a Dissenting minister,
seeing that the Bishop of EXETER directed the suit
to be instituted against Mr. SHORE, in order to con-
strain him to remain in the Church of England,
whether he would or no, we think even Mr. RALPH
BARNES himself will scarcely venture to maintain that
Mr. SHORE isnot imprisoned " for preaching the Gos-
pel." As was well observed by the Rev. J. BURNETT,
at the Exeter-hall meeting on Monday, when
speaking of the defence set up by the Bishop's
secretary, "if this doctrine were to hold good,
the Bishop of EXETER might have knocked
Mr. SHORE down with a bludgeon, and then,
when the Rev. Gentleman was taken to an
hospital, he might say ' Oh, he has been confined in
that hospital, not because I knocked him down, but
because he has a wound in his head.' " The letter of
Mr. RALPH BARNES concludes with a paragraph
which a Puseyite neophyte might have written at
the suggestion of his Jesuit instructor. " I will only
add," says Mr. RALPH BARNES, " that since the case
was finally decided by the court of appeal, I have
never asked of or received from the Bishop of
EXETER any directions or instructions in regard to
my proceedings on the sentence whatever, and I am
alone responsible for the course which I have taken."
There can be no possible objection, to Mr.
RALPH BARNES taking upon himself the responsibility
of all the sins that the Bishop of EXETER has ever
committed ; he may, if it so please him, advertise
BARNES as the ame damn& of PRILLPOTTS on all pos-
sible occasions, but he should remember that all the
advantage he gains thereby is the perpetual compa-
nionship of his patron. The responsibility of BARNES
does not lessen one whit the responsibility of Paten-
POTTS. As good Protestants we eschew the doctrine
of works of supererogation, and BARNES'S responsibi-
lity in this instance is entirely supererogatory.
The Bishop of EXETER is responsible for the
imprisonment of the Rev. JAMES SHORE, and that for
the very reason which Mr. RALPH BARNES has
set forth to show that he (Mr. RALPH BARNES) is
alone responsible for the course which he has taken.
The Bishop of EXETER knew right well that in the
absence of any instructions it would be Mr. BARNES'S
duty to proceed in the manner he has done, and that
it is precisely because he (the Bishop) gave no direc-
tions that Mr. SHORE is in prison. Had he given
directions to stay proceedings Mr. Saone would have
been at liberty at this moment, and this both the Bishop
and Mr. BARNES knew full well at the time this
sentence was penned. The paragraph is worthy
the pen of an Escobar or of a Mariana.
The movement against the overbearing tyranny of
the Prelacy is becoming general, and as though to
prove to the world that the Bishop.of EXETER is not
to be considered as an exception to his order, it has
Pleased another Right Rev. Prelate to thrust himself
forward as a candidate for the same unenviable noto-
riety which Bishop PHILLPOTTS has taken such pains to
acquire. The Bishop of LONDON has thought it:right
to reprimand the Rev. E. CRAIG for presiding at
the meeting of ministers of the, Gospel held
at Exeter Hall on this subject on Monday last.
The Bishop of LONDON, like the Bishop of EXETER, is
a great agitator for Church extension. Fifty new
churches for the metropolitan districts alone, to be
built and endowed by the State, with fifty new cler-
gymen, to be appointed by himself, is the modest de-
mand of the Right Reverend reprimander of the Rev.
E. CRAIG. We put it to all those who have not repu-
diated the name of Protestant, whether the Church
which they desire to see extended is the Church
which empowers the Bishop of EXETER to imprison
Mr. SHORE, the Church which authorises the Bishop of
Lossnost to reprimand Mr. CRAIG—if it be not, we
say to them, " No longer suffer yourselves to be bam-
boozled by names ; when the plate comes round for
subscriptions for Church extension, under the patron-
age of the Bishop, button up your breeches pockets ;
when a measure for Church extension is proposed in
Parliament, agitate and petition against it."

ARRIVAL OF THE COURT FROM THE ISLE o
WIGHT.—Her Majesty and his Royal Highness tt;
Prince Consort, accompanied by the youthful Royal
Family, and attended by Lady Portman, Lady in
Waiting, the Hon. Flora Macdonald, Maid of Honour
in Waiting, Major-General Bowles, Master of the
Household, and the Equerries in Waiting, arrived at
Buckingham Palace this afternoon from Osborne
Palace. The Royal cortege was escorted from the
Nine Elms Station by a party of the 11th Hussars.
The Court is expected to remain in town until Wed-
nesday, the 4'h of Apri!, when her iNlajesty end her
august family proceed to Windsor Castle to pass the
Easter holidays, and return to town for the season at
the end of the month:

THE FRENCH REPUBLIC.

We have received the Paris papers of Saturday and
of Sunday.
The Moniteur of yesterday has the following offi-
cial announcement :

" We have received intelligence that notice was given
at Milan on the 12th at noon, of the intention to bring
the armistice to an end, and that hostilities can recom-
mence on the 21st. King Charles Albert, it Li said, left
Turin on the evening of the 13th for Alessandria, and
the troops of the garrison were to quit Turin the
next day." _ _

DAIX and LHAR were executed by the guillotine
on Saturday for the murder of General BREA. They
died protesting their innocence.
The club of the Rue de Poictiers has at length
published its electoral manife.to. It is a tissue of
vague generalities, as any manifesto must necessarily
be which pretends to express the opinions held in
common between M. BERRYER, the pilgrim to Bel-
grave-square, and adviser of the Duc DE BORDEAUX
and Marshal BUGEAUD,
.._ the gaoler of the Duchess
DE BERRI ; between M. DE MONTALEMBERT the
impassioned advocate of the Jesuits, and M. THIERi,
their equally energetic denouncer, between M.
T)ENJOY, who would fain destroy the University of
France and proscribe its members, and M. VICTOR
COUSIN, who lauds the same University as the per-
fection of wisdom. The common purpose these people
have in view is to bring back the reign of that cor-
ruption on which they battened, and the object of the
manifesto is to bamboozle the people accordingly,
each trusting to his own cunning to cheat his col-
leagues of the plunder when the day of victory and
of spoil-sharing shall arrive.
The committee for international disarmament and
arbitration met on Saturday to hear the report of M.
SARRANS. It was proposed to refer the measure to
Government, but on a discussion, in which M. Gus•
TAVE DE BEAUMONT, SARRANS, BOUVET, and BU-
TIGNIER took part, the majority decided that a report
should be prepared approving the principle, but re-
jecting the proposition under present circumstances.
In an introductory discussion on the budget on
Friday, M. MATHIEU DE LA DROME made a most
effective speech, advocating a reduction of the na-
tional expenditure by upwards of six hundred
millions of francs annually. This speech produced a
great effect. In the discussion on the budget on
Saturday, M. PASSI, the Minister of Finance, made
some observations which are worthy of attention.
After declaring that the financial situation of the
country, in the early part of 1848, immediately
after the revolution of February, undoubtedly called
for some extraordinary measure like that of im-
posing the tax of 45c., as otherwise the public
services would have been stopped, the Honourable
Gentleman proceeded to make some remarks on
the present financial position of the country.
Confidence, he declared, was gradually gaining
ground, and, in consequence, trade was generally
reviving. The average diminution in the receipts
during the year 1848 had been fourteen millions a
month, whilst for the months of January and Feb-
ruary of 1849, it did not amount to more than four
millions a month; in addition, for the first fortnight
of March, 1849, the indirect taxes presented an im-
provement of 1,880,080 f. ; the half year's interest on
the Rente, the arrears of pensions, and all the public
services, would be met without any recourse to the
Bank being necessary ; and he felt convinced, that
with tranquillity in the country, not only would all
the charges of the State be defrayed during the year,
but a diminution in the burdens which now pressed
on France would be effected. _

In con;eciUenCeOf—iiiWarticle of the electoral law
prohibiting railway directors from sitting in the Na-
tional Assembly, the Duke DE MOUCUY has addressed
a letter to the electors of the Oise, informing them
that he resigns his functions as director of the Bor-
deaux and Northern Railway Companies, in order to
be able to stand as candidate at the next election.
BOURSE.—PARIS, SATURDAY, MARCH 17.
THREE O'CLOCR.—The absence of any confirmation
of the news of the resumption of hostilities in Italy
gave more firmness to the market to-day; both Rentes
and railways improved, with the exception of Versailles
(Right and Left Bank) shares, which experienced a
heavy decline. Exchange on London (30 days), 25 22i
to 20; ditto (90 days), 25 10.
BUSINESS DONE IN FOREIGN RAILWAYS AT THE
LONDON STOCK-EXCHANGE, MARCH 17.
Boulogne and Amiens, VA—Namur:and Liege, B—North-
ern of France, 1034—Orleans and Bordeaux, 314—Paris and
Rouen, 201,2—Rouen and Havre, 111/2—Sambre and Meuse,
4%—Tours and Nantes, 2.

HA3IBURGH.

The expectations which were entertained that
peace won', 1 be established are completely frustrated.
There is every reason, on the contrary, to reckon upon
an immed late recommencement of the war. Most
active prep arations are everywhere being made, and
the Schutz en-Gilde are again forming into compa-
nies and are exercised in the use of the arms which
have been obtained in the arsenal of Rendsburg.—
German Papers.

only deficiency is in regard to officers of sufficient
ability to cope successfully with the maritime strength
of Russia.

It should not be overlooked that Turkey- will find
incalculable resources in the present position of
affairs in Moldo- Wallachia, for the hatred of the
Wallachians for the Russians is reaching i s highest
point, and is every day attaining more and more inten-
sity. As a token of this feeling of animosity, I may
mention that, from news received here the other day
from Bucharest, it would appear that in one district
(that of Mehediatzki) a serious engagement recently
took place between the peasantry and the Russia❑
troops, the Greeks taking. part with the peasants, and
both sides meeting with' very considerable losses.
Beyond this, another circumstance is not undeserving
of mention, seeing that although of itself of little im-
portance, it may afford you a more vivid idea of the
state of public feeling in the Danubian provinces :
A new-born child, whose swaddling clothes were of
the national tri-colour, was recently found lying in
the Cathedtal of Bucharesl,' with these words in-
scribed upon the tricolour:—" My first cry is
the cry of my elder brothers, who weep in exile or
expire in dungeons, Vengeance against the oppres-
sors of my country ! Death to the Russians ! Turks
Poles, Roumans, we will fight together against our
common enemy I We will all perish, or we will all
be free I"

Every day the number of the Russians in Moldo•
Wallachia is increasing. Fresh battalions are con
stantly crossing the Pruth from Bessarabia.

CO;ISTANTINOPLE, FEE. 15. The Russian and
Turkish troops have lately been es near as possible
coming to an engagement. The origin of the quarrel
was as follows :—A Russian officer in Bucharest sent
a challenge to a Turkish officer, the latter accepted
the challenge, and the duel, 'which was fought with
swords, was conducted according to the laws of
honour. The Turk fought worthy of a Janissary,
used his Sword with great dexterity, and completely
cleft the head of his opponent, and, as some say, even
severed it from the body. The Russian Commandant
was greatly exasperated at the act, and marched im-
mediately to arrest the Turkish officer, under the
pretext that the duel had not been conducted
according to -the laws of honour. FUAD EFFENDI,
the Turkish Commissioner, was undecided, and would
probably have given in. The Turkish Commandant,
however, OMAR PACHA (or the renegade, being a
Croat by birth) offered decided resistance, and de-
clared to the Russian General that he had no right
whatever to arrest or inflict punishment upon a
Turkish officer, this being decidedly within the pro-
vince. of the Turkish Commandant himself. The
Russian General persisted, and declared that if the
duellist were not given up within eighteen hours he
would fetch him by force. OMAR PASCRA calmly
replied that no consideration whatever would induce
him to deliver up the Turkish officer ; that if the
Russian Commandant employed force, he should
be opposed by force. In the state of affairs a collision
seemed inevitable, when the consuls happily inter-
fered, and effected a settlement of the affair, by in-
ducing the Russian General to desist from his demand.
The Porte was highly satisfied with the conduct of
OMAR PACHA, and immediately sent him a present of
700,000 piastres. The truth is that a collision be -
tween the Turkish and Russian troops has long been
apprehended, and they have therefore been consigned
to opposite quarters of the city, and_are kept ~sunder
as much as possible. That the result of this duel,
although it is quite an isolated fact, will reanimate the
latent reminiscences of the former military powers and
martial fame of the ancient Osmanli, and rekindle
their ardour, is questioned by none who
know this people. The fact also that at a late trial
of shooting at a mark with cannon ball, which lately
took place in Bucharest, the Turkish artillery car-
ried off the day over the Russian troops, has tended
not a little to advance their Courage.—Allgemeine
Zeitung, March 13.

HOUSE OF LORDS.-(THIS DAY.

The House sat to-day to hear appeals. The Peer;
present were the Lord Chancellor, Lord Brougham, and
Lord Campbell.

PIERS V. PIERS.

The arguments in this appeal from the decision of the
Lord Chancellor of Ireland, which were commenced on
Thursday last, were resumed to day. The case, which
involved a most important question relative to the law of
marriage, came before their Lordships upon appeal from
the judgment of the Lord Chancellor of-Ireland, touching
the validity of the marriage solemnized between the late
Sir John Bennett Piers and Catherine Denny, in the
Isle of Man, on the 27th of May, 1815. The appellants,
Louisa Adelaide Piers and Florence Anna Maria Sta-
pleton de Kervegnen, originally filed a bill in the Court
of Chancery, and claimed to be entitled, as younger
children of the late Sir John Bennett Piers, Bart., to
raise a charge of 4,4001. upon the family estates,
:under
a power contained in a certain settlement executed by
the father of the testator on the 2d and 3d of July, 1794.
The question in the present case was the legitimacy of
the appellants. In the course of the -proceedings, the
appellants established a marriage de facto between Sir
John Bennett Piers and Elizabeth King, otherwise
Denny, on the 27th of May, 1815. It appeared that
Sir John intended two years previously to celebrate a
legal marriage, in order that his issue might inherit
under the will of the original testator, and with that view
he made an application to his brother, the Rev. Octavius
Piers, to come to the Isle of Man to celebrate the marriage.
The request was prevented by domestic circumstances
in the family of that reverend gentleman. The cere-
mony was, however, performed by one of the curates of
St. George's, Douglas, a chapel of ease in the parish of
Bradden, in the Isle of Man, where Sir John resided, in
the presenee of Captain Edwards, at Sir John's resi-
dence. All the parties who were present at the cere-
mony, except Lady Piers, are now dead. Sir John and
Lady Piers were recognised and lived together as man
and wife for upwards of thirty years. In support of the
bill, evidence was given that the clergyman who per-
formed the ceremony had full knowledge of the laws re-
gulating marriages in the island, for he had acted for
five years as domestic chaplain to the Right Rev. Dr.
Cregan, the Bishop of Sodor and Man, and was at the
same time the licensed curate of St. George's, Douglas.
It was also proved that he was cognisant, that, provid-
ing he celebrated a marriage contrary to law, he was
liable to be prosecuted and transported for fourteen
years. In addition to this evidence, it was proved that at
the time the ceremony was performed no registry was
regularly kept in the island, nor was any depository in
existence where a license for the celebration could now
be found. The clergyman and the witness, Captain Ed-
wards, had been dead twenty-seven years. Evidence
was furthermore adduced to show that in the year 1836,
the present appellants had instituted a suit during the
lifetime of Sir John. On that occasion, however, the
legality of the license was not questioned. In that suit
Sir John was examined, and the evidence ho then gave
was read in the Court of Chancery in Ireland. Upon
the case coming before the Court below the bill was dis-
missed. The present Lord Bishop of Rochester, who
was, in the year 1815, Bishop of Sodor and Man, having
succeeded the Right Rey. Dr. Cregan, the former bishop,
deposed in the court below that, upon mere recollection,
and atter a lapse of thirty years and upwards, he never
gave a license, and that he had never known Sir John
Bennett Piers except by sight. On cross-examination
the Right Rev. Bishop's memory appeared very
defective on several matters, and, amongst other
events, it was proved that he had forgotten
the fact that ho had held a " special court" at
his private residence, in the month of October, 1822,
more than seven years after the marriage of Sir John
Bennett Piers, to permit a near relative, Colonel Murray,
to register his marriage, which had taken place some
time subsequently. The Right Reverend Prelate also
appeared to have forgotten the mode of making the pre-
liminary forms of applications for licenses and the taking
of the usual affidavits in the island, for he conceived that
it was the practice to make application to the bishop;
whereas the episcopal registrar, who had held that office
for a long series of years, proved that the usual affidavits
and applications were taken before the registrar. It ap-
peared, in the progress of the case, that, under the provi-
sions of the settlement executed on the 2d and 3d of July,
1794, a power was given to the late Sir John Bennett
Piers, the eldest son and heir of Sir Pigott W. Piers, of
Tristernagh Abbey, in the county of Westmeath, to
charge the family estates with a jointure of
6001. per annum in bar of dower or thirds,
and further to charge the estates with a sum
of 4,000/. in favour of the younger children.
On the death of Sir Pigott Piers, in the month of April,
1798, he was succeeded by his son and heir-at-law, Sir
John Bennett Piers. Sir Pigott had five younger sons,
all of whom, with the exception of the fifth son, Fre-
derick, died without issue. The present respondent, Sir
Henry Samuel Piers, was the son of Frederick, and,
consequently, became heir-at-law to the estates of the
deceased Baronet. On the 27th May, 1815, Sir John
Bennett Piers married, and in 1836 the two appellants,
who were then respectively aged 21 and 17, made the
two appointments in virtue and under the deed of set-
tlement already referred to, viz., a jointure of 6001. to
his wife, and 4,0001. to be dividd between the appel-
lants. By the will of Sir John, dated the 30th clay,
1842, these appointments were ratified. On the 14th
July, in that year, the appellant, Florence Anna Maria
Stapleton Piers, married Count Louis La Coat de Ker-
veguen, and en that occasion her portion was, in the
usual way, settled upon her. Sir John died in 1845,
leaving his widow and two daughters surviving.
The jointure to the widow had been conti-
nued, but the respondent refused to pay the two
sums of 2,0001. to the two appellants. When the
suit of 1836 was determined, Lord Plunkett, in
delivering judgment, said that " the marriage had been
so satisfactorily proved that he would refuse to direct an
issue to try its validity." The main fact upon which the
respondent relied was that the alleged marriage in 1815
had never taken place, and that the parties had not been
married until March 19, 1821, when it was celebrated
in Dublin, and that the appellants were illegitimate, in-
asmuch vs they were born prior to the latter date. Ile
also contended that the Marriage Act having applicabi-
lity to the Isle of Man, rendered all marriages in private
houses null and void, unless by special licence, under
the hand and seal of the Bishop of Sodor and Man.
When the suit was before the Court below, the apellants
amongst other things, prayed the Court to direct an is-
sue to try the validity of the marriage, and this prayer
the Lord Chanellor said he would grant, provided the
appellants we ro enabled to produce the Bishop of Sodor
and Man as a witnes?. In Compliance with the directibu
then riven by his Lordship an :I ppiicati,'n revs made on
the part of the appellants to the Right Rev. Prelate to
give evidence, but he declined to go over to Ireland for
,that purpose, whereupon the Cows below dismissed the

bill, but without costs, and against that decree the pre—
sent appeal was brought.
Mr. Bathell and Mr. Glasse were heard on Thursdiy
for the app9llants.
Mr. J. Parker, with whom was Mr. Goldsnaid, sirs!
also partly heard for the respondent.
Mr. PARKER resumed his arguments to-day, and octal -
pied their Lordships the whole morning.

ROLLS' COURT.-(TL-HS DAY
The Master of the R9lis sat in his Court in the Rot's'.
yard, Chancery-lane, to-day.