The Sun.
London, England, 1819-06-19 00:00:00

DI ED.

At Worcester, June 9, aged 45, the Hon. Arahella St.
John, wife to,
_General the Hun. Frederick St. John, and
Oster to rite Earl of Claven.
On the 40th ult. at Zurich, in the 53d year of his age, Mr.
-Henry. 'Avner, 'physician, son of the celebrated physiog,tio-
mist i,f that name.
At Sunquhar, Dumfries•shire, on the 6th inst. Mr. WM.
Ottit, late Provost of that Burgh.
Lately, at Coventi y, in his ilth year, Cantiiin William
Winston, 1:4 of theellt, or 'Warwickshire Regiment of Foot.
Lately, in Lancaster Castle, Robert Muur, a prisoner for
'debt, aged 97 years !
Lately, at hut-lodgings, in. Exeter, aged 30, Anna Eliza,
third ilaoginer of the late Admiral Sir Henry Francis titaq-
.hope,‘ Bart. of Stqnwell- house, Middlesex.
Lately, at, Eilibhutgli, aged 85, Gavin Ralston, Esq. of
Ralston, barrack-master yf Piershill Barracks, Ile was chief
1, of the very ancient family of Rat ion of that ilk, who held
large estates in the counties of Renfrew and Ayr.
' Lately, Bailey, Esq. of
.Chillingham, Northumber-
land, ailed 68, Author of, the Agricultural Repart of the
County and juint writer with Mr. Colley, of. the
Northomberland Report, drawn up for:the Board of Agri.
CUlttire.

direct!og them to bury the corpse of Mrs.
lately the wife of Mr. ((Lett, a pa-
rishioner of the same parish.
The Learned Judge said, that at the motion np•
peared to be very important, it woula be better`
to defer it till the other Learned Jodgett came into

Court.' The mo!ion was accordingly deterred,

and towards the close of the day it was again

brought forwaid. The Learned Counsel
he grounded his application on the affidavit of the
husband, who deposed that iris wife had been some
time dead, and thats the corpse still remained
above ground. Some months ago, application
was made to the Rev. Dlr. Clare, Rector of the
parish, to bury.the2bodv, but he refused, as it -was
deposited 'wan iron goffith This objection bling
made, the. "husband was advised to. take the opi-
nion of two learned CiVilians, who declared, that
there was no legal ground for refusii*g to bury 4,
corpse on account' of the mates lals ot which the
coffin was composed. The Rector was then cited
into Ihe Commons, and the case swim! for trial ;
but as the Rector. died before. the hearing of the
question, the suit aba ed. The husband, Mr.
Gilbert, then applied to the acting Minister of the
parish to inter the corpse, the vacancy occasioned
by the death 'of the Rector not having beets filled
up The Ministers and Churchwardens refused to
receive the body, mid, by the order of the latter,
it was &posted in the bone-house. The husband,
therefore, now applied to the Court, to issue a
mandamus, to order the Ministers and Church-
wardens to tiutLy the body with the accustomed

ceremonies.
- Mr. Justice BAYLEY.—Why do you want to
bury the body in iron ?
Mr: CHlTTY.—BreallSeo my -Lord, the iron
cotto is so cOnstructed, that the hotly cannot be
taken -out of 7t. Many bodies have been interred
in these coffins, and the parish would have re.
ceived the corpse of Mrs. G:lbert, it her husband
had consented. to pay the additional sum which
they demanded. They say, that an iron coffin is
not so perishable as a coffin made of wood ; but,
then, an iron coffin Occupiei much less room, 'as
130 of the latter will, lie •in the same space as 100
coffins rnadiot wood.
The Loan CHIE,F JUSTFCK.i.-IS there any in,
stance sit a mandamus to an ecclesiastical person,
to indtzce ttim to. perform au ctc:esiasticid act,
such as to bury or baptize?
Mr. CtirriTy.--There is a case, my Lord, in
Burrow's Reports, vol. 3, p. 1267, in which Lord
Mansfield is made to say, that a nzundamas is a
prerogative writ, to the aid of which the subject
is entitled upon a proper case, previously shown
to the satisfaction of Court. The original
nature of the writ, 'and the end for which it was
framed, direct upon what occasions it should be
issued. It was introduced, to prevent disot der
from a failure of justice and dcfect of police.
Therefore it ought to be used upon alt occasions
where the law has estabiished no specific remedy,
and where in justice and good government there
ought to be one. Within the last century it has
been liberally interposed for the lent fit of'he sub-
ject and the advancement of justice. This was the
opinion of Lord Mansfield, with respect to the
writ of 'mandamus. But there was anotlice
Case. to which he Oise Learned Counsa begged.
to call the attention of the .Court : it was the
case of John Audrews against 1 ;mums Caw-
drone (13 George 11.) fitortett in Wines, p. 533.
In. that case itr. Justice Adttcy said, that the
burial of the dead is the clear duty of every
parochial Priest and Alinister ;' and if he neglect
or refuse to perform the office, he may by the ex-
press 'xords of the 86th canon be suspended by
the Ordinary for three months. And it any tem-
poral inconvenience arise as a nuisance from the
neglect of interment of the dead corpse, he is
punishable alsO by the temporaTCourts, by
ment on information, It 7. G. I. B. R. That
Court made a rule on Mr. Taylor, Rector of Da-
ventry, in Northamptonshire, to shekv cause why
an information should not be filed, because he
neglected to bury a-poor parishioner who dicd iu
that parish. Now, it was obvious, that a Mi-
nister might be punished by the temporal Louts
for not burying ii.bodys, ss the body in this case
waS iii a state of corruption, front the Minister's
refusal to bury it, it appeared' to the Learned
Counsel that a Mandamus ought to be issued.
The Loan CHIEF JUSTICE said, he thought
there was tint-idler trinunal, namely, the Court of
the Diocesan, before which this matter ought to
be -brought. But he would not decide the ques-
tion-at present ; and, therefore, he recommender)
that tile Learned Counsel should look further in
the books, and if he ennild find any thing to Meet
this diffiendry, then he would mention the case
again. It app,eared to his .Lordship, that (litre-
rent Courts, had been established by the country
for different purposes ; and that the jurisdiction
of one Court ought not to be confounded wish
that of, another..
AJr. CHITTY,said he would look father into
the books in the coo!.se of the evening, and men-
tion the case again to-morrow. ,

JUDGES' CIRCUITS.
. ,
MI DLANA.—Lord . Chief Justice Abbott; Lord Chid Baron
ltichartls.
Nc uFo Chief Justice:D:lllas ; Mr. Justice Burrough.
NoturtiEßN..--Alf. Baron Wood ; Mr. Justice Bayley.
Vt ESTERN.—AI r. Bitron Cirabarn ' • Mr. Justice Best.
HOM...—Mr. Justice Park; Mr. Baron Garrow.
OX.FPRD.—AIr, Justice Hoiroyd; Mr. Justice Itickardsoc.