The Sun.
London, England, 1868-07-22 00:00:00

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had conversations with her on religious subjects
in the course of the year, in which she had de-
scribed herself as a Roman Catholic, and that she
had for six months before the marriage attended a
Roman Catholic chapel, and it was cantendel by
thf counsel for the Crown that the burden of prov-
ing that she had been a Protestant within the
statutory period was on the prisoner. The judge
took this view, and the jury convicted the prisoner.
The curiosity of the case conki,ted in two things
- the strangeness of the state of the law upon which
it depended, and the light which it itici lentally
threw upon the position which the Roman Catholic
Church is, and by its very nature must perpetually
be, tending to assume in every c ,untry of an int-
p;:rieez in imperio. Upon the first of these points
nothing need be added to the article which appeared
upon the subject in yesterday's Tizes, but the
secondpoint is a very curious one. Corupara.ively few
people are aware of the extent to which legal lan-
guage, legal conceptions, and legal functions are
mixed up with the doctrines of the Church of Rome,
or of the extreme technical precision with which they
are carried out to their legal consequence?. This,
however, is implied in and is, inseparable from the
whole theory of confession and absolution. The
" tribunal of penitence," as they call it, has a sys-
tem of law of its own as elaborate and in many re-
spects as definite and technical as Westminster Hall
itself. How bad a name this system has gained for
itself under the title of casuistry is known to most
people, and any one who will take the trouble to
glance over the serial volumes called the " Church
and the World" may readily satisfy himself as to
the anxiety of the Ritualists to revive in the Church
of England the authority of the law and the court
by which it is administered. There is hardly any
part of human life over which it does not exercise
more or less influence, but there is no subject on
which it is so minute, so technical, and so precise
as marriage and the duties connected with it. A
good deal of this theory was incidentally brought
out in the course of Fernando's trial, and a few
points may be mentioned which give an idea of the
completeness and elaboration of the system. Theo-
logically, the question at issue was this : A, a Ca-
tholic, cohabits in Scotland with B, a Protestant,
and asks a priest, not being the parish priest, to
perform a marriage between them in Dublin.
What is the position of the parties ? First, what is
to be said of the Scotch cohabitation in an ecclesi-
astical and theological point of view ? The answer
is very singular. Like most other great and
ancient institutions, the Roman Catholic Church
has what may be called its common law
and its statute law. According toLits common
law, which prevailed down to the Council
of Trent in almost every part of Europe except
England, marriage was regarded as a contract
which depended on the consent of the contracting
parties, and which, like other contracts, might be
entered into without any particular form, and
without the presence or blessing of any priest. Ac-
cording to the law of many countries, the mere fact
of cohabitation was regarded as raising a presump-
tion of such a contract. Thus a clandestine mar.
riage might be contracted in a moment of passion
without witnesses, without writing, without any
sort of ceremony, and its existence afterwards
might be proved by the fact of cohabitation, and
might be legally established, though it is true that
such marriages would expose the contracting parties
to ecclesiastical censures. The Council of Trent
declared all such marriages to be null and void,
and it is one of the great reproaches which Jeremy
Taylor levels against the Council that it affected
to make void by its canons that which was enacted,
as he says, by the law of nature. The decrees of
the Council, however, have never been promulgated
in Scotland. Hence, according to Roman Catholic
theories, the old ecclesiastical law still prevails
there ; and thus, when Mr. Jones came to consider
the case of Fernando, he was led to the conclusion
that if his story was true the marriage (uf which
the cohabitation would be evidence, whether con-
clusive or not we do not pretend to say) was valid—
i.e., that, according to the laws of the Church of
Rome, Fernando and Mrs. Fernando were, to all
intents and purposes, man and wife, with all the
rights and duties of that relation. Though valid,
however, the marriage was, in his opinion, not law-
ful, that is to say, being clandestine it would
expose the parties to ecclesiastical censures, and he
also swore that he supposed that it was not legal,
i.e., not binding by the law of Scotland, an opinion
in which he may not have been right. It was thus
a case of a marriage valid but.not lawful, because
the place in which it was said to have been
celebrated was one in which the decrees of the Coun-
cil of Trent had not superseded the ancient laws of
the Church, which they abolished in other parts of
the world. Mr. Jones, in answer to questions put
to him, further illustrated the distinction between
valid and legal marriage by the case of a marriage
contracted by persons who had been divorced by the
Divorce Court. Such a marriage, he said, would be
legal, but not valid. A marriage between a Pro-
testant and a Roman Catholic according to the rites
of the Church of England would be valid and legal,
but not lawful--i.e., it would be an ecclesiastical
offence. Such illustrations as these set in a singu-
larly clear light the character of the Roman Ca-
tholic Church as a system with its own laws and
its own courts, altogether independent of, and
at times conflicting with, the law of the land, for-
bidding what it permits, and at times permitting
what it forbids. For instance, a marriage within
the prohibited degrees under a papal dispensation
would be valid and lawful according to the law of
the Church, though null and void by the law of the
land. Of all the strange things which are going on
in the world hardly any one is so strange as this, if
it is viewed in its true light. Everywhere Church
and State are being separated and are confronting
each other, and we certainly seem to have got so far
on our way that the two systems face each other
without anathemas or persecution ; but it is impos-
sible to doubt that their attitu le is, and must be, es-
sentially hostile. They embody and depend upon
diametrically different views of life, and claim the
loyalty of mankind upon different and indeed incon-
sistent principles. The result of this must be a mute,
inarticulate opposition and rivalry which will end
either in subjugating the State to the Church, or in
breaking up and destroying the power of the clergy

VOTERS.

o-

over men's minds, and reducing all Churches to

the position of philosophical schools.

It is the

greatest question of the day. The Pope's letters
summoning a General Council are an extreme illus-
tration of its most imposing aspect. Mr. Jones's

evidence in Fernando's case is a small and unim-

portant but a real illustration of the very same
principles under their least imposing a3pect. The

distance from an (Ecumenical Council to a trial for

bigamy at the Derby assizes gives an odd sort of

measure of the enormous sweep of a problem which
occupies, on the one hand, the most powerful in-
tellects and affects the policy of the most powerful

sovereigns in the world; and, on the other, involves

the momentous issue whether or not an Oriental

person in a rather equivocal position should retain
his right to the last woman who had taken a fancy
to his dusky charms or be the inmate of Derby

gaol for six months. with a certain quantity of

exercise.—Pall Mall Gazette.

DIE CllOLERA.—Gibraltar advices to the IGth
July state that the cholera is spreading at Itazigan, and
the deaths reach twenty daily. Europeans, as well as
the Moorish population, are among the victims. The dis-
ease was also spreading at Rabat, but declining at Casa-
blanco. The Board of Health has cut off communication
altogether with Barbary, Tangier, and the whale of the
Riff coast has been declared in quarantine, and vessels
with foul bills of health are not permitted to enter the
harbour.

EXCLUSIVE, VERY IMPORTANT, EARN, AND VALUABLE
aro the properties of Lamplough's Pyretic Saline, curing the
worst headaches, sickness, skin, or biliary affections Pleasant,
Palatable, and ivigoragnz SQld by all Chgmlets.—[Adyt,]

-~,

THE WIMBLEDON' IkEETING.i

THEICAMP, TIIESDAt;
The announcement that the finalkstage of the Qureks,
Prize would be shot off to-day, and that the Pant
Schools would compete for the Exhibition Challenge_
Shield and the Spencer Cup, attractec% large number of,
visitors to the camp. At a quarter-past !Ole the sixty com-
petitors for the £250 prize, given by her Majesty, and the
gold medal and gold badge of the Nationthl Rifle Associa-
Von, wended their way to the targets, a,nd.commenced at
800 yards' range, each man being allowed seven shots at
each of the three distances of 800, 900, and 1,000 yards.
The prize was last year won by Sergeant Lane, Ist
Gloucestershire, who made 59 points.
The Public Schools match commenced at three
o'clock. The first stage comprised shooting for the
Ashburton Shield, which was presented by the late Lord
Ashburton for annual competition by the Public
Schools having enrolled or uncnrolled volunteer corps.
The shield is of the value of £l4O, and is competed for by
11 repretentatives from each school, at 200 and 500
r.rds langcs, five shots being allowed at each range,
with military pattern rifles ' not less than '557 bore,
The representatives sent up from Eton, Harrow, Rugby.
Chelten ham, Marlborough, Winchester, and Rossall
Schools ass mbled in front of the council tent
shortly before the hour appointed for shoot-
ing, and were then marched to the respective
targets. The victors last year were the Harrovians, who
made at the 200 yards range 136 points, and at the 500
yards range 108 points—total 244 points. The lowest
score was made by the Winchester boys, who at the 200
yards range scored 124, and at the .500 yards range 69
points, making a total of 193 points. Harrow also
won in 1862, 1864, 1865, and 1866. The second stage of the
match consisted of the shooting for the cup, of the value of
£l5, given by Earl Spencer, the best shot in each team
engaged in the first stage competing with seven rounds at
500 yards. Last year Sergeant Collier, of the
Cheltenham School, made 22 points, and secured
the prize. Another important event in the programme
has been the shooting in the Ist stage of the Army Prize
of the aggredate value of £265, competed for by the non-
commissioned officers and privates. For this new prize in.
stituted by the association there are some 300 entries.
The competitions in connection with the first stage of the
Albert, and the Jennison and in the Eley Prizes were also
continued, and the remainder of the business of the day
comprised the shooting for the "Any Rifle" Association
Cup, the Rifle Oaks Sweepstakes, and the competition in
connection with the first stage of the :Military Breech-
loaders. The council have decided that the Enfield
Wimbledon Cup shall be shot for to-morrow, instead of on
Thursday as previously arranged.
It is anticipated that Lord Napier will visit the camp
before the close of the meeting. If this be a fact, the hero
of Magdala will be sure of a warm reception.
The excessive heat has told severely upon several volun-
teers. Some have left, and others are in hospital, two or
three, it is said, suffering from English cholera.

LORD NAPIER IN THE CITY.

A banquet in honour of Lord Napier was given at the
Mansion House last evening. The usual loyal and
patriotic toasts having been given,
The LORD MAYOR proposed the toast of the evening,
" The health of Lord Napier," which was drunk with
three times three.

Lord NAPIER, who was received with loud and long-
continued cheers, returned thanks. He said : It has been
a source of great gratification to me, and I am sure to
every member of the Abyssinian expedition, to find that
our services have been received so favourably by our coun-
trymen, and that by all classes we have been considered
to have done our duty. For the great assistance we have
received I have to express our obligations to the Govern-
ment of the country, by whom we were promptly and
speedily supplied with everything we required. The gallant
lord then testifiedhis obligations to the various departments
which assisted the expedition, and proceeded as follows:
When our task was accomplished we received a telegram
from her most gracious Majesty the Queen, who is always
ready to encourage her soldiers when they are in a position
of difficulty. We also received a telegram from his
Royal Highness the Duke of Cambridge, and one from
the Secretary of State—all containing congratulations on
the accomplishment of the work of the expedition. I can
scarcely sufficiently express the pleasure which I feel at
the welcome that we have received this evening. I cannot
but feel that the honour is due to the force under my
command— the officers and soldiers, to whose exertions
I am indebted for many of the favours I have received
at the hands of my countrymen. We all felt satisfied
that, without the zealous and cordial co-operation of every
officer and soldier under my command, our success could
not have been complete. His Royal Highness has been
pleased to allude to my having served under two gallant
officers who are in this room this evening. I well
remember when I served in Central India under my noble
and gallant friend Lord Stratimairn— (cheers)—a soldier
who thoroughly understood how to deal with an Asiatic
enemy, by going straight at their heads on every
occasion—a method of proceeding which invariably re-
sulted in his triumph over all difficulties. I am also proud
to remember that I served under my gallant fries I Sir
Hope Grant, whose determination to take the great city
of Pekin. Iso well remember. Allusions have been made
to the volunteer force, and although I am not a very young
soldier, I am a young volunteer, as I have been this
day requested to become commander of the 3rd regi-
ment of the London Rifle Volunteers, and have accepted
that position. (Cheers.) From what I have seen, the
volunteers of England are deserving of all support. I
assure you, my lords and gentlemen, that I shall remem-
ber as long as I live the great honour which has been con-
ferred on me this -day, and the cordial welcome which I
have received in this hall this evening. (Cheers.)
The LORD MAYOR next proposed "The Houses of Lords
and Commons."
Lord CHELMSFORD returned thanks for the House of
Lords, and the SOLICITOR-GENERAL for the Commons.

PAYMENT OF ASSESSED TAXES BY

The Paddington Vestry lately Cetermined to take the
opinion of counsel as to the necessity of payment of assessed
taxes, as well as poor rates; by persons claiming to be regis-
tered as voters under the Reform Act of 1867. At a meet-
ing of the vestry held on Tuesday, the vestry clerk read the
following opinion from the lion. George Denman :
" I am of opinion that occupiers of ' dwelling
houses, in a borough, who come within the requirements
of section 3 and section 61 of 80th and 31st Vict., cap. 102,
are not bound to pay the assessed taxes as well as the
poor rates in older to entitle to vote or to be placed on the
list of voters, but that persons who only occupy houses other
than 'd cvelling-houses'(as defined by the interpretative clause
61), warehouses, counting-houses, shops, or other buildings
separately or jointly with land—are so bound, inasmuch as
their qualification is wholly under 2d William IV., cap. 45,
sec. 27, and is therefore one to which 11th and 12th Vic.,
cap. 90, still applies (see sec. 56 of the act of last session,
in addition to the other clauses referred to in the
question). I think that, having regard to sec. 3
of the act of :ast session, and also to sections
56 and 59, it is el. ar that the lequir monts of section 27
of the Act William IV., aid section 1 of the 11th and 12th
Vict., cap. 90, cannot be imported into the now Act so far as
relates to the suffrage gained by occupation of dwelling-
houses and payment of rates, and that section 59 of the new
Act excludes the franchise from the operation of those enact-
ments under the restrictive words, 'so far as is consistent
with the tenor thereof.'"

BRITISH ARCHEOLOGICAL ASSOCIATION. The
above association have chosen Cirencester as the town in
which to hold their annual meeting for the present year.
The session will commence on Monday, the 10th of
August, and will last the entire week.

THE HEAT IN RIISSIA.—A St. Petersburg letter
of the 13th says :—For the last ten days no one would
suppose that this capital is situated in the 60th degree of
latitude, as we have the temperature of Senegal or Cayenne
in our dusty streets."

The Manchester Guardian says that at the City
Police-court, on Monday, in a case in which the principal
witness was deaf and dumb, the constable who had the
conduct of it, being instructed to fetch an " interpreter,"
returned into court bringing another deaf and dumb man
with him.

THE RAILWAY PRIVILEGED CABS.—On Tuesday
night, at the Cambridge Hall, Newman-street, Oxford-
street, a meeting of cab proprietors and drivers was held
to protest against the system by which only privileged cats
are at present admitted to the various railway stations.
Ur. J. S. Gower occupied the chair. 14esolutions were
passed binding proprietors and drivers not to drive cabs or
ply for hire in the vicinity of any railway station until the
present railway cab privileges are abrogated.
MEDICAL CANDIDATES FOR PARLIAMENT. —Dr.
Chadwick is to be the Conservative candidate for Bolton.
Our own wish to see more medical men in the House is
too well known for us to need to do more than announce
this fact. We sincerely hope that in all parts the profes-
sion will be awake to its own interests. Besides the other
names we have mentioned, it is now stated that Dr.
Walshe, of University College, London, would be willing
to contest a borough in the Liberal interest. We heartily
hope some borough will at' nee secure SP eligible a cancli-
OlteJ—lllgiicii 3'rout . ••