The Sun.
London, England, 1846-12-23 00:00:00

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LAW INTELLIGENCE.
VICE- CHANCERY COURT Dec. 22.
(Before Vice-Chancellor Sir J. R. BRUcE.)
IN RE NORTH.
The further hearing of this petition was resumed to-
day. The arguments on both sides having concluded,
His Hoeiouß delivered judgment. This was a petition
presented to the Court on behalf of four infant children,
there being no testamentary guardians and no real
estate. It was also prayed, in a petition from
certain paternal relatives of the infants, that,
a reference should be made o the Master, but.
that was opposed, on the ground that the infants had
a mother living. Such a ground of objection he had
never heard suggested before. The reference prayed
for might be made without affecting the right of the
mother to the guardianship, but it was quite a different
question whether the mother should be appointed a
guardian. It was also another and a dif-
ferent question as to how the children should_
be educated with respect to religion. Upon the
petition he would make a common order referring it to
the Master to determine what guardian or guardians
should be appointed for the children. The next ques-
tion was as to what should be done with the children in
the meantime. Three of the children had been in the
charge of their mother, a lady of whose respectability
all parties had spoken in the highest terms, and of whose= kindness to her children he had not the least doubt. The
eldest daughter had been more under the grandmother's
care (the lady who tsieducted them) ; but that point
would not affect the subject-matter of con-
tention between the parties in this case. The
question with regard to religious instruction of the
infants was one that must not be disregarded. It was
therefore the duty of the Court to consider what-was to
be the education of the children in doctrinal-tenets, and
that nothing should be done in the interim to obstruct
that object. The father of these children had been
brought up a Protestant, from which religion he had
never departed. It appeared, however, that fur two or
three months previous to his death, he attended a
Roman Catholic chapel with Mrs. Elizabeth North, his
wife. It was stated that his notions upon religious
points were latitudinarian, a circumstance which
might account for his attendance at a Catholic
place of worship. He return: d to a part of the
country where he resided a few weeks previous to his
death, and where there was no opportunity of attending
a Roman Catholic chapel, or of seeing a Roman Catho-
lic clergyman. He then fell ill and refused the assist-
ance of a Protestant rector. But it did not appear that
any proposal had been made to him, or that he had
made any request for a Roman Catholic clergyman to
attend him in his last moments, and he died without the
assistance of a clergyman of either the Roman Catholic
or Protestant persuasions. It did not appear that he had
ever received any instructions from a Roman Catholic
clergyman, nor did it appear that he had ever departed
from the religion of his youth. It was certainly stated
that Mr. North WaS a catechurnen, or porson undergoing,
as it were, a noviciate in the Roman Catholic faith, but
under all the circumstances he must say that it did ap.
pear to him that he remained a Protestant until Vie end
of his life. Mr. North died intestate, and did not
express any wish as to how his children should be
religiously educated. Under these circumstances what
was the daty of the Court with respect to the religious
education of the childrim? They should take cure that
the same was not interfered with. The father had left no
instructions on the subject, and it is presumed that
he died in his own religion. He, therefore, felt bound,
under all the circumstances of the case, until further
evidence was produced, to direct that the children should
be brought up in the doctrines of the Church of England.
With respect to Mrs. North, of whom he wished to speak
with the greatest respect, it appeared that she had be-
come a convert to the Roman Catholic faith. He was
bound to consider not only the rights of the mother,
but the rights of the father, which regarded the perpetu-
ation of his creed. It was likely that she would
exercise a very great influence on the minds of the
children, and he would order that they should
be placed under the charge (until the master's
report), of Mrs. Wilson, Mrs. Frederica North,
and Miss Arabella North, their paternal aunts. The
mother, however, was to have free access to them daily,
and to spend two hours in their company every day, in
the ;presence of one of the above named persons, the
subject of religion-not to be introduced at these inter-
views.