The Sun.
London, England, 1844-06-29 00:00:00

MINORITY-NOES, 38.

Bailey, Joseph, jun. Masterman, John Sibthorp, Colonel
Baring, Thomas Mildmay, H. :A. Jahn Stewart, P. M.
Barnard, E. G. Miles, William Tnompson, Ald.
Baskerville, T. B. M. Mitchell. I'. A. Trollope, Sir John
B:ooklehurst, J. Morris, Davld Turner, Edmund
l)arby, George Munts, O. F. Vivian, J. IL
D'Eyncourt, T. C. Newdegate, C. N. Wallace, Robert
Etwall, R. O'Brien. A S. Wawn, J. 'l.
Forman, T. S. o'Connell. M J. Wodehouse, E.
Fuller, A. E. Pechell, Captain Worsley, Lord
Henley, J. W. Plumptre, J. Y.
Hatt, W. Plumridge, Captain
Kemble, Henry; Pusey, Pnilip
llLangles, R. U. Seale. Sir John H.

TaLLEIIS
Clay, Sir W.
Gisborne, Thomas

LAW INTELLIGENCE
Ii'OUSE OF LORDS, June 8 .
THE DUKEDOM OF SUSSEX.
Their Lordehips sat to-day in a Committee for Privileges,
to hear the further evidence on behalf of Sir A. D'Este, on
his claim to the dukedom of Sussex. The judges, as usual,
were summoned to attend. Among the peers present were
the Lord Chancellor, the Earl of Shaftesbury, the Earl of
Redesdale, Lord Brougham, Lord Campbell, Lord Denman,
and Lord Bexley.
Among the judges were the Lord Chief Justice of the
Common Pleas, the Chief Baron of the Exchequer, Mr. Jos •
tice Patteson, Mr. Justice Williams, Mr. -Justice Coltman,
and Mr. Baron Parke.
It was not till eleven o'clock that their Lordships were able
to form a Committee, in consequence of the absence of peers.
Counsel having been called in, copies were put in of the
Decree of the Council of Trent, as far as it related to marriage,
also the Bull of Pope Benedict XIV., andseveral other works.
Dr. Thomas Brown was Vicar Apostolic for \Vales. Had
the authority of the Pope there. There were dispensations
the Pope could grant which witness could not. It was not
necessary 'to hold the office of bishop to have a delegatingau-
thority. Dr. Wiseman had not the authority he had. The
question of marriage came under his jurisdiction, and his
Judgments were acted upon in Rome. Had had occasion to
go to Rome to consult. the tribunals of the Propaganda. Knew
well the law of Rome with respect to marriage. The head
of the Propaganda was a Cardinal, and all the judges were so.
There were no pleadings viva voce before that Court, they
were all written. There were officersof that Court who were
called consultors, who were ecclesiastics. It was not neces-
sary that they should take a degree in the civil law, but it
was usually .conferred upon them. It was not necessary that
they should study law, but they usually did. The Propa-
ganda was the authority to which the officers of the
Church appealed on any difficult question. There was
no appeal from their decision, except to the Pope.
There was another tribunal, called the Congregation of the
Council of Trent : it was formed of Cardinals, and had jurisdic-
tion over Roman Catholics livieg in countries not Catholic,
while the Propaganda had jurisdiction over Catholic States.
There was also a tribunal called the Holy Inquisition, the
head of which was the Pope himself. This was the first tri-
bunal in Rome. There were several other inferior tribunals.
If any question came before the inferior tribunals on the sub-
ject of marriage, there"was an appeal to the higher tribunals.
Was acquainted with the Council of Trent in all its pro-
visions. There was nothing in that Council with respect
to the marriage of Protestants at Rome. According to the
best of witness's belief, a marriage of two Protestants at
Rome, by a Protestant, would be held valid, and the issue of
the marriage would be entitled to any property which be-
longed to the parents.
_ By the LORD CRANCELLOR—If it was not for the Council
of Trent a contract of marriage, per verba de presenti, between
Catholics, would be held good.
By the SOLICITOR-GENERAL-4f any doubts are enter-
tained as to the validity of a marriage in witness's district,
the case came before him for judgment, and that judgment
would be acknowledged at Rome. Knew the practice of the
Courts at Rome, as he had been on appeals there. An
appeal from witness's decision would go to the Propaganda.
A marriage between Roman Catholics and Protestants would
not take place before the parish priest. Witness was in a
condition to become a Cardinal, if the Pope thought proper to
make him one.
Sir THOMAS WILDE said they had made a search for the
class of per, ons to which their Lordships had referred, but
none, he believed, were to be found in London.
A letter was put in from the Secretary of State to Lord
Grenville, by which it was proposed to allow Lady Augusta
Murray au annuity, provided she mould not use the Royal
arms.
A, clerk, from Coutts and Co.'s, proved the payment of an
annuity of 1,800/. a year to Lady Augusta Murray.
This closed the case for the claimant.
' Mr: ERLE then proceeded to sum up the case on the behalf
of the claimant. It had been exhibited that a marriage de
facto existed between the parents of the claimant, and if
there was any law probiting it,' it was for his Learned Friends
to bring it forward ; and should it not be brought forward,
the case of the claimant, he should submit, was made out.
The only point now was as to the validity of the marriage of
the claimant's parents. The Learned Gentleman then pro-
ceeded, at some length, to detail the facts of the case, as it
had been detailed in the evidence. The rule as to the exclu-
' don of declarations offered in evidence did not apply in cases
of pedigree. In the establishment of a general public
right affecting a large portion ef the community, such
as a right oeway, hearsay evidence was admissible. In
cases of pedigree, the law had made an exception in favour of
the declarations of relatives as to specific facts, and their de-
clarations were admissible in evidence, provided those decla-
rations were made with an undisturbed mind, and not in
contemplation of any suit. Provided such was the
case, declarations were admissible in cases of
birth, marriage, and pedigree. Now, if the de-
elaration of parties was sufficient to establish
the fact of marnage, it was also sufficient to establish the
niece- where and the 'manner how that marriage had been
solemnised. That had been the doctrine laid down by Lord
Kenyon and by Lord Chief Justice Pratt. The Learned
Counsel then quoted several cases in support of his argument,
that in cases of pedigree, the declarations of deceased, parties
were admissible in evidence. He thought, therefore, he
.night take as established that these parties be-
lieved that they were legally married at Rome,
and that they considered that marriage as binding.
His Learned Friend, as he understood, would contend that,
according to the law of Rome, and the decree of the Council
of Trent, this marriage would be considered void at Rome.
Now he was prepared to submit to their Lordships two an-
swers to that objection—first, that, according to the opinions
of persons learned in the laws of Rome, who had stated their.
opinions at their Lordships' bar, the marriage would • be a
valid marriage according to the laws of Rome. Secondly, he
would submit that, even if their Lordships should be of opinion
that the marriage would not be valid according to the lawaof
Rome, still it would have been morally impossible for persons
situated as Prince Augustus and Lady Augusta were situated at
Rome to comply with the provisions of the Council of Trent,they
were fully authorised to marry ex necessitate, and that such
a marriage would be valid. With regard to the first point,
he would refer their Lordships to the evidence of the learned COLONZat,
SUGAR.—The sales of British Plantation have been again
persons who had been" examined before, and he would also
'urge, and at fair rates, though, in some instances, a slight
refer their Lordships to several jurists who had written before reduction has been accepted. At auction, 1,65 hhds 5 trcs
the promulgation of the Bill of Pope Benedict, in order to I3arbadoes realised 64s to 65s 6d for fine yellow, and 598 6d to
show that the Catholic Penitentiary had held that marriages 6086 d for mid. The private sales are about 1,700 hhds up
contracted between Protestants, and celebrated by ministers to last night. Refined standard lumps have been at 77s
of their own persuasion, were valid. (The Learned Counsel to 773 6d.
then proceeded to quote the authority of several jurists
4,...AIIRITILTS AND BENGAL.—For the first the inquiry has in
support of his argument.) With regard to the argument of not been brisk and there have been no public sates; but
the marriage ex necessitate, he rather contended on that 7,521 bags of the latter have been effered and sold a 6tl de-
ground for the purpose of meeting the Royal Marriage cline generally; mid to good "white 61s to 63s 6d, yellow
Act. It for
clear that no Parochus could lawfully attend, 58s ed to 61s, duty paid; good white in bond 38s, and low
nor could the parties be called upon to go through 308 6d. 933 bags Madras sold at 61s for fine yellow, and
the process of a sham conversion to Catholicism. 51s 6d for low.
There was, therefore a necessity. They had done FaeneGes.--The demand has been steady at fair rates.
all that they could do to be married according to the law of COFFEE.—The public sales of West India have been exten-
England. The necessity was apparent ; there was the sive, comprising 787 barrels, 779 casks, &c. Jamaica told at
verbum de presenti. All was done that could be done 87s to 97s 6d, and 100 s to 104 s for mid and good to fine mid,
under the circumstances, and therefore the marriage and at 82s to 86s 6d for low mid, being a rise of is to 2s.
—as a marriage ex necessitate—was a valid one. Berbice was taken in at 70s for low mid, and Trinidad sold
The Learned Counsel then proceeded to cite authorities in
at 31s to 35s 6d for good and fine ord. Ceylon has also found
support of his argument. In the case before their Lordships, readier buyers, and by auction 2,371 bags, 19 casks, 39 cases,
it was quite clear that his Royal Highness and Lady Augusta and 15 boxes sold at 49s to 50s for good ord, and
never contemplated that they could make a valid mar- 64s to 68s for fine fine ord plantation quality. Mocha has
riage by going before a Catholic priest, and it was also clear supported its value, and 437 bales went at 71s 6d to 77s for
that they intended to contract a marriage in the form in good Mid, and at 66s to 70s for ord. Foreign has been, in
which they did, under .the supposition that it was perfectly moderate demand. Singapore Java his been taken in at 23s
valid. He submitted that this marriage was a marriage bind- to 303. La Guayra ranges from 38s to 67s per cwt.
a
itig, according to the ordinary rule, by the law of Rome; SPlCER—Pimento has been steady; ord to mid has realis
and he also submitted that this marriage, ex necessitate, did 2it to 2*d per lb. In Cassia Lignea a good deal has bee
not presume a marriage as if it had taken place on English done by auction, at 51s ed to 57s for ord to good ord.
.ground, or within the English realms. It was a foreign good deal of Pepper has been put up, but only a pottioij
marriage to all intents and purposes. The enact- found buyers at 2fid to 34t1 per lb ter low to good Malabar,
ments referring to the slave trade, evidently contemplated aed
acts which were not done within the English territory.
and at 3d fir;
hits
Sumatra,
-The validity of the marriage was, he contended to be tested hite has realised 444 to sed per lb2ed for common Penang.
.
Rica.—Bengal Rice has sold to some extent at 108 to 12s\
by the lex loci in the country where it was performed. He for IoW to good mid white, and 2,000 bags Madras went at
contended that the words of the Marriage Act were not suf- IBs to 9s for yellow. "
ticient to make the marriage in point invalid. The words SALTPETRE.—CaIcutta has been mostly taken In at 25s to
wanted, in order to effect that object, were—" whether within 25s 6d fOr per cent refractit n, and 23s to 23s 64 for 13e-
the realm or without." It had been repeatedly de- refraction. , - tided that the intention of the Legislature should be R„.—West India has sold-freely at 2s 2d to 23 Ad for
gathered only from the words contained in the statute.
proof Lecwards, at 4s to 4s 3a for fine Jamaica. -
ile case set up against the marriage was personal incapacity, CoeToer.—There is a steady business doing at fuller rates.
and he submitted that the words of the Act did not bear that TEA —The market is steady. Public sales are announced.
cleaning. From the opposition made to the Bill, Common Congou is quoted at 10,ed to lld per lb. it seemed
probable that the omission to which he referred was inters- TaeLow.—P.Y.C. has been in good request at 41s to 41s 6d
per cwt on the spot.
tional. The Act would probably not have been allowed to
pass without amendment, had it contained the words, -
" whether within the realm or without." It was upon the (From the London New Prier Current of June 28.)
question of construction that their Lordship were i SUGAR.—lmporters of West India Muscovado Sugar
asked to decide; for down to that time, notwith- i have been less inclined to press sales this week, and the
standing the judgment of Dr. Wynn, the illegi- , rates previously established are generally sustained. To-day
timacy of the marriage could not be considered res importers of West India Muscovado Sugar submitting to
judicata. What took place was in the nature of a compro- rather lower rates, making the decline for the week 6d
wise. The Duke of Sussex having no funds but what were on the better and 6d to Is per cwt on the lower sorts,
under the control of his father, the case was compromised on caused a fair demand to prevail for Grocery
and Refining
a provision being made for Lady Augusta, with an agreement purposes, and 350 hhds were disposed of, including 90 hhds
on her part that, she would discontinue to use the royal of Trinidad at public sale, which went at 56s to 56s 6d per
arms, and the style and title of Duchess of Sussex. cwt for middling yellow rather bright.
The question of the policy of extending the Act to .foreign REFLNED.—To-day several parcels of Refined Sugar were
marriages was entirely in favour of his argument. A decla- taken by the home trade; standard lumps at 765, and brown '
ration of invalidity must be a violation of those principles by lumps 74s 6d to 75s per cwt. For Bonded Crushed Sugar
which nations were held together. The marriage was valid prices are on the advance ; sales made at 26s to 26s 3d per
in Hanover and in foreign countries generally; even Ireland cwt. There is very little offering.
was totally unaffected by the Royal Marriage Act. He Meatmus.—This afternoon 11,848 bags were brought to
trusted that no violation of known principles would be re- public sale, and nearly all disposed of at a reduction on former
sorted to, but that the marriage de facto would be declared to rates of is for the better, and is 6d to 2s per (net for the lower
be a marriage valid in law.
descriptions; low brown sold at 48s to 49s 6d, middling 51s
At the conclusion of the Learned Counsel's address, the to 51s 6d, good 53s to 53s 6d, fine 54s to 548 6d, low yellow
following question was submitted to the common-law Judges 55s to 565, middling 56s 6d to 58s 6d, good 59s to 62s sd, fine
by the Lord Chancellor for their opinion Evidence being 63s to 645, and very superior bright 67s 6d per cwt.
offered of a marriage solemnized at Rome, in the year 1793, EAST INDIA.—This afternoon at public sale 126 bags of

Mr. GREENWOOD-Why read this one, and deny it to
be yours if you can.

AllsEdeclared her sight was very had.—(A laugh.)
The prisoner declared she had the eye of a lynx. and
in,leed the lady seemed to be in full possession of her
visual powe.ri.

Mr. -GREENWOOD—Abundant facts have come to my
knowledge regarding your habits in this respect, and I
warn you that the Act of Parliament awards a pnalty
of 201. for each offence of giving a false character.
Depositions for trial were then taken down, and' the
prisoner was locked up.
A respectably-attired man, named Henry .Pouneer, was
charged with the following gross misconduct :—On the pre-
vious night Police-constable 281 took a young woman into
custody for being drunk and riotous, and was conveying her
to the station-house through White Lion-street, when the
prisoner came up, and in a blustering manner asked the
constable if the woman was his wife, and when he replied in
the negative, the prisoner exclaimed, " Then I'll be d—d if
you shall take her to the station-house," and so saying, he
struck the complainant a violent blow on the breast, and re-
peated his violent endeavours to rescue the prisoner from his
custody. At length both prisoners were secured.
• Mr. GREENWOOD—What are ypu? Prisoner—A billiard-
marker.

Mr. GREENWOOD—What have you to say to the charge?
Prisoner (jocosely)—Oh, I was drunk, and knew nothing
about it.