The Sun.
London, England, 1811-10-05 00:00:00

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of .;p6)..ialla If2r vz,r7.2a de prrt.tenii; while engigOs .*
irients tor a 'future marriage,, termed sponsolia per
verba iltr Juturo, required a subsequent copula In
have effete. 7 The dot-trines of the, Common. Lrw
iespearng marritige continued to prevail in England
-till 4 ht.-Marriage Ad 26th Geo. 11. c. 33 ;*• and in
Scotland continued to be the basis of the Matrimo-
nial 'Law 'to this day. Several regulations in that
country, both Ecclesiastical and Civil, Cartons ruff
Statutes, have prescribed modes of celebrating mar.
riage ; but though solerunizat;on by a clergymanis
prescribed, other marriages have always been held
legal and
.valid ; and the regulations are not ptnally
enforced, nor enforced by .airy sense of 'reputation
or obligation imposed by general pi-plaice, The:
question remains to be examined, how far aaual
consummation .is reqoired by the Law of Scotland
marriagesin which are to be deemed irregular.—
The main inquiry comes to be limited to two tress
tions, whether by the Law of Scotland a present
declaration constitutes or evidences a marriages with.
out a copula ; and secondly whether, if it does not,
the present evidence supplies sufficient proof that
such a requisite has been complied with.
The determination of the first qutsiion must be
taken from the authorities of that country, premising
that in all instances when it is not proved that the
Law of Scotland has rented from the Canon Law,
the fair presumption is, • that it continues the ssme.
The evidence, of opinion on that ,point stands
thus : Mr. Erskine; Mr: Craigie, Mr. Hamilton,
Mr. annie, ,and Mr. Ramsay, are all clear and de.
ie their opinions, that a declaration pro. verba
de prassenti without a copula does by the Liw of
Scotland constitute a valid marriage. To these au-
thoiities must be added the opinions of the learned
persons examined on the case Beamish arid Beamishi
a case of a Scotch marriage of an Englishman with
a SCotch woman, in 1788, in which the Court of
Arches, to which it was appealed, on the law infor-
mations obtained front the learned Adeocate. of
Scotland, pronounced for the validity of the marriage.
Mr. Jelin Millar, Professor of Law at Glasgow,'
there said, " that by the Law of Scotland the cere-
mony of being married by a clergyman was not ne-
cessary to constitute a valid marriage. The deli-
berate consent of parties entering into an agreeaent
tO,take one another for husband and wife aas Atli-
, ficient Or constitute a legal marriage, as valid
every swiped as that which is celeorated in the pre.,
lience of a clergyman. Consent:must be expressed
or understood robe given per verba de prcesenti ; for
consent de future), that is, a promise ,of marriage,
does nut constitut.l actual marriage. By the S.aeCh
Law, the .riclih-rate consent of rbe.parties constitutes
marriage.":—Mr. John Orr said.—" By the Laws of
Scotland, a ,soletun acknoarledginent of a. marriage
having happ..oed between the parties, whether veo
Lally 41) in writing, is' sofficient to Considine a mar-
riage, whether expressi d in verbis de prresenti, or in
an acknowledgment that the inarria6e, took place at
a former period. A promise followed by a copula'
would constitute a valid marriage ; and' a written in-
strument, containing not a'COnsent de przeseqti, but
only stating that the parties were mat tied at a cer-
tain time, or even a solemn verbal acknowledgment
to this effect, although no Meal marriage had taken
place, is sufficient to Canatstuie a marriage by ttn*
Law of Scotland."—Mr. Horne said—" Marriage is
constituted, by the consent of parties to take or stand
to each other in the relation of husband and wile.
The mode or tbrtn of consent is not material, bat it
must be de prcesenti...t—Mr. Erskine and Mr. Kb.
bertson agreed in sayinge-i"' that a deliberate ac-.
knowledgment of the parties that they were married,
though not containing a conirad pee verta de pm-
seas, is,infacient evidence of 'a' marriage, without
the necessity of proving the, aCqual celebration:",
Mr. Clerk, Mr. Galles, and Mr. Cathcart, examined
on the part of Mr. Dalrymple, are equally clear in
their °philters on the other side of the question.—
Mr. Cay inclines to think a copula necessary, " al-
though well awartithat a different opinion presails
among lawyeri on this point."—Sir Hay Campbell's
optnion is ambleous ; in theformer part of his de-
portion he sap." that by the general principles of
, the- Law of SeOfartd, marriage
,i 0 perfected by the
mutual consent sit parties goCepthig, etltS • othet as
husband. and wiftr';" but in a latter part he lays it
down that this acknowledgment per verla de prat.
senti must be attended with personal intercourse,
without which intercourse, they would result°
into mere stipulatiO sponsalitia, when the words are
de prcesenli, but lire elf-;:t future." There is the
greater difficulty in ascertaining the decided Judg.
mein of this very eminent person, as Matt Opinion of
his, given into the English Court of CL:timery, in
the case of Thomson mid G ierson, l ants August,
1781, a present contrael is stated to be int-Belem to'
.validate it marriage, without ary meuriun of a copului
- antccedent or subsequent. There is the npinio; alma'
bf a person, whose death is justly lamented .as etre
of the greatest misfortunes than
.have recently visited
that country—the late roar President Blair, uitee
whose deliberate advice and judgment the :talon
against Mr. Dalrymple was brought. Much, the
greater number of learned persons recognize a rule
consonant to that. which in ancient times governed
the subject universally; and therefore it appeaikept
to be proved as far as the. weight of opinion .goes,
that the Law Of Scotland has innovated upon -the
ancient general rule of the marriage law of Europe:
[To be comthrurd.) •

BNEAKING ONIN THI3 PRIVY COUNCIL OVVICR.

A few nights since the Privy Council Office was
broken- open. The offies-keeper was alarmed by
a noise in Ithe upper part of the Office, which
awoke him; he got a .light immediately and went
up stairs, and discovered that some person or per-
sona had entered by e window, rtotu the back pre.
anises leading from the ruin+ . of an old-hpuse itt
Downiugistreet, which was pulled down some time
since:" fur the purpose of enlarging the East India
Board ,otfice. That plan has been abandoned, and
the Privy Council (Mice ointr where the East
India Board used to be held. The robbers decamp-
ed, it is supposed, without stealing any thing, on.
heari the office-keeper stirring,

Late on Monday night, or early on Tuesday
morning, Narbiton.tiouse, near Kirtston, Surrey,
the tesidettel of John Beale, Esq. =was broke two
and rubbeit of various articles of plateand• B.ink of
Eoglaud Notes to the amount of 301.

Solna Malt on board a -barge from Mr. Keea'4. ona,.;;
and that he, and Brown,. who is 3 4rarcbollsd•
skeitnepeeir,wwaererehouosbei,erved taking some of it to Mr.
of which Brown had the key..
Roper also was seen with a sack on his back ; he „
had,- however, escaped the vigilance of the oflicerg, i
and concealed himself; but yesterday he surrendered
.voluntarily; arid was, at the suggestion of Mr.Atts, I
Y,
Counsel for the prosecution, admitted an evidef,ce ,
and- gavi the following account of the transa&on :.- i
On the sth of September, Estment came to
him,
and asked him if he could take away a sack of-aalt
an
which was standing behind the gate of rail;B's
yard. Roper asked where it came from, t.
ment said, "-from Mr. Keen's ware'house." Ito'
per said ,he did not know where to take it ;
urn
whiCh Estment desired him to go and look for
Brown, and ask him if he would take it into his
warehouse ; he, aciorchrigly went to Brown; who
was at a public-lows in the neighbourhood, and
asked him ; he immediately consented, and went
for the key of the warehouse : they then vat
to the place pointed' our by Estment, where
they found two sacks of malt standing ; of dteso
Brown took-one, and he the other, rind put ilieat
in Mr. Sims's warehouse, of ,vvhich Brov'm iiio
thekey. Estmept soon after 'came with a airil
k. n
ißorootTienrt hseacnkasd!istehdist,lvtaats the malt
accordingly
Id bee
and Mr. Keen's sacks concealed. in a pig-s yed,d 'lle
lb.l
an old sack pat over them. ' Brown then iacia
door, and they went to dinner. After dilater die
iratt,too.ll
Itsieoa:v.raesasnl,3ldmrhoegi:vasmnvee'das;ibtieaoitnpnadegk:titnnhhefeooruerkitte7eyoadfs 014.1fluirl.ri
sal 'irli
rilluer,,s;'''?:
to go ,nd realm°
it, This, however, Roper could not do; for, 11
the time the malt was deposited there, a ile`")co
had been put on the door, and Brown's key w",,,
not open it. Upon this, Roper returned the loy to
Brown, who, with Estment, was aparelienial WI ,
alter. Brown had persuaded Roper to lieci) out a ~]
the way. .•
Mr. Keene swore to some sacks foul rblari
Sims's warehouse, as being his. He said -e to
beed plundered in this manner, of property le it
amount of some thousands : during ti,e la'iti boi ,
111011tha -he knew of depredations to the mo at' ~
1501. ' -
trial, and Roper kept in custody to givc c,.;...4
Brown and Eatment were fully cotninirtetioot
against theM. ,
........-.--a.--..................
ASCARtDES (or SMALL. NV0045) bel°"; ta 11.1 '
vermict'alar tribe, and always 'r abode"'
114
the re6tam, intestines, or stornacb,ot the rnioti
1,0,.
,inhabit; unfortunately for the burnan apecies D, 7
they breed most-abundantly, irsomoch that theYl.4ll;
found in the bodies of let-lints one or two 11.1°)._"...,
old !
„In-the stomach they cause sickness tied I,tretuot
take up the'
lar appetite; in the intestines, griping 13'4° :it by
when in the rectum, Ole poor patient 1'34 !"' tin lila
dcialeymwseititvreisc.l) i nAgn,
ytillpoOrrtstoring ,
blootel,,dcattanc,iokpics::dirnsegstiPinariniroliy:ll::,:fisrr,)oiocii .
seat, that they -canniat sit or stand still ; 1',.) :,;;of
these small vermin come otf in great nunilear s
complete cure by applying
.at Dr, GODNES
74.' 14013VOCiC, and No.'3, Sheraducli. ,
aaylioevlteitniiDnglY7AltoDol7
sitesv:oll°"lll''..-°ll VlrceV.d.rikellf:
a farmer of Sunderidge.piae
chaise, 0", '
nearl) iba
CbyrohyisdosonnFaanird,
girnanadhsoonrs,e and
they, were stopped .l
top of Weaterharn-hill, by,a sngle fooll'adnivw.:Ville:
mended their money; Mr. WYlde rep '-..#e ;104
you ate too late, as .1 have paid all any` ruQii.tYle rote
in the purchase of some oxen at the fair.
ber presented a pistol at the time he stoPll.a. thilti:V
Mt. W. however, gave him all the meneY".,! vitticir
the time, which was only a few shillings, vi,t."6"eti ; ae,
the villain expressed himself mueb eisst wail lia-
' insisted upon baying more. from them, ar,,lie
was sure it was not all' they had got.,
,t,"(7,4 )04
keeping his pistol presented at M. SvPl.` but
,Mr. W. turned it from his head with his whip;.loolo,/
whilebe was 'doiog this, the robber, wi,! .:,,i tlie
cothremartnotsr ntoedtgiceed, iiinomiviedrii.nely discharged T.' „,,a,
and caused instant death. Wiies e%bPren'a`4ll._t i'l/tfejillissills4ll
arms, without a groan.. There Wu M, 5,160, 0041
in the pistol ; two of them lodged in his 1
isi.,. 00.
five in his side and breast. Toe inurdae?"":oo.,
fortunately escaped, appeared to bd of 3 1 t ~.re.fret
.pleaion, flat visage, a large mouth, abotb.llo_,Gdiof
seven or eight inches high, dressed in a.,.01), 'oil
smock frock, and light-coloured breeel ' „14 iold
new half.boots, about thirty years'of air, 7ief 301:1
rilaeg! „,00
the appearance of a farmers servant.
distress of the deceaßed's son and grandoraeols "10. ed,
easily. conceived than. described ; theY, 141001
without assiitance, with their tourderen 1'
„....
aome travellers came up

L On the 3d inst. at his houfse,
Big? S.
Lady of !hid Ni bolt, Esq. of a ti.tugnter. 6, the
same dty, at her Colter's, Pixton'Honse, So,ss
Lady '
of Capt. Turner,, Leseestershire Mtittia, of a aatib
In ligicoltes-ina•fletd6 Ihe

• iliAtt 0 iti.i, h CoA' la'
On Wednesdat Morning, at G rest Yartnaut,.. 0 to Wr:#
Piesse Esq. of isson Grove North, hoff-le-ton 'O.l, .-
riet, eldest daughter of the late Alex. Nicols°'"
West Harting, NoriAk. .1„,, Mai`
(in Thursday morning, at Sr. Gregory's, 1-012"..-"' of VP ,
"lid*. tiALlghtet of the late T hOM;,S- Striiih' 4..0t1Pti14
tv
Chap,tet-houSe, St. raid's. to IQ Smith, Esq. °'
Northamptonshir r Lo
11011,
Same day, at Tetbury, Henry Wood, Esq. 4)0 -
Miss Wood, daughter of W , Wood, tiAl. !ranker. ~ 0,
t, op, tO MD"
At St. Martin's Church, H. PArker,
fact. -------*-"...'-''''

theAttiCona
.IrctEattao,
I,i,sidirceoloptipampayl
scrfvtic,Nlir;e,;%;Vtirttlsoniaarcill at
r"-arell• of Barnstaple.

pRI
,cfrzol4

F sronKs
itnaa• $ 16t. Pr'
Bank' Stock, shlit India Bondlv IC ' d pet oh'
Waft 3 4„,
Navy ; per t. eft. 95 ' per
ss. tits. pat
Irish 5 par Cent.
4 per Cent. shut 4s•
3 per Cent. Red. Oita Oraill?.11Ptyl',4„;d
rl9L'ent.
per Coot. Cons. 63 jlopetT. Jorti, oit.
:ink L. Anti. shut Cana. n 4.

HIGH WATER AT der
LONDON iKIDOI: I.°"l,4°g‘
?W. f•
Morning, 42 min. after 48:(i Even,ng.

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