Mar. 2,] 



THE NEWSPAPER. 



t!844. 



principal incidents of this species of contract were, that the en- 

 easement %ras indissoluble ; that cither party might compel 

 solemnisation ; that the parties could not be punished for coha- 

 biting together, and that such contract was sufficient to void, by 

 mtans of a suit, a subsequent marriage entered into by either of 

 the parties, and solemnised in facie ecclesia. This view was 

 supported both by the Judges of the Ecclesiastical Courts and 

 the common law authorities. The contract per verba de prasentt 

 was, at the period to which he had referred, to use the expres- 

 sion of Swinburne, " in respect of its constituting the substance 

 and forming the indissoluble knot of matrimony, regarded as 

 verum mutrimonium." But the same authorities which sup- 

 ported this view held that marriages of this description were 

 irregular; that they were a looser sort of marriages; that they 

 . were not regular marriages though equally binding; and that in 

 order to constitute a regular marriage, with all the consequences 

 belonging to marriage in its perfect state, solemnisation was 

 necessary. Swinburne said that spousals de prasentt did not 

 produce all the same effects in England as a marriage solemnised 

 in the face of the Church with respect to issue, the husband s 

 property in the wife's goods and other matters. Lord Stowell 

 and Sir Edward Simpson took the same view, and Mr. Justice 

 Blackstoiic said that such marriages were valid for many pur- 

 poses but not for all purposes. Upon the point whether a con- 

 tract per verba de prasentt without solemnisation, would entitle 

 the widow to dower, the Court below and the Court of Appeal 

 were of the same opinion— they were both against the claim to 

 dower. We had come therefore to the conclusion that according 

 to the concurrent opinions both of the ecclesiastical and the tern- 

 porai Judges these irregular and loose sort of marriages did not 

 confer those rights of property, or the more important right of 

 legitimacy, consequent on a marriage duly solemnised accord- 

 ing to the rites of the Church of England. A great deal of dis- 

 cussion had taken place in reference to the religious ceremony. 

 It appeared from the authorities to which he had referred that it 

 was tormerly considered essential to the full effect of a marriage 

 that it should be solemnised by the Church, and if persons not 

 in holy orders performed the ceremony they exposed themselves 

 thereby to heavy censure. It was said that a marriage might be 

 valid, though not performed by a person in holy orders conferred 

 by episcopal ordination. In that statement he could not concur. 

 Holy orders v - orders conferred by episcopal ordination, and 

 ■what was required to be done by a minister in holy orders coul I 

 not be done by a minister of the Scotch Church. The question 

 was not affocted by the Toleration Act, which merely removed 

 certain disabilities, and did not alter the law in this respect. The 

 %iaim made by the Presbyterians of Ireland could not be supported 

 Ofc any principle which would not equally apply to any body of 

 Die«enters. He respected the character, learning, and piety of 

 Prestyterian ministers, but this question must not be deter- 

 mined by any such considerations. Many observations had 

 been maac on the marriages of Jews and Quakers. The Jews 

 had always been treated as a distinct people, who were go- 

 verned by their own religious observances, and had their own 

 matrimonial law. Borne difficulty existed as to the case of the 

 Quakers, and Lord Hale, in a case which came before him for 

 decision, in order to avoid making those children bastards, 

 directed the Jury to return a special verdict. He saw no ground 



at Heyrood. near Ashton-under-Line, the lady of L. Richmond, 

 Esq of a daughter— 25th inst., at Calverly-park, Tunbridge 

 Wells, Mrs- J. Oldham, jun., of a son-25th inst., at Podding- 

 ton, Bedfordshire, the lady of the Rev. J. Brbretov, of a son— 

 26th inst., in Claremont-square, Pentonville, the wife of Mr. G. 

 C. Masters, of a son— 26th inst., at the Rectory, Coimere, 

 Hants the lady of the Rev. J. B. Bourne, of a son— 26th inst., 

 at Elm Lodge, Elstree, Herts, the lady of R. H. S. Jacksov, 

 Esq., of a daughter— 2/th ins'., in Upper Seymour-street, Port- 

 man-square, the lady of T. F. Maitland, Esq., ot a daughter. 



MARRIED.— 19th inst., at Auchleeks-house, Blair Athol, 

 Perthshire, E. W. Garland, Esq., eldest son ofN. Garland, Esq., 

 of Michaelstow-hall, Essex, and of Woodcot-grove, Epsom, Sur- 

 rey, to Amelia, second daughter of R. Robertson, Esq., of Auch- 

 leeks, and of Membland-hall, Devon— 19th inst, at Pau, Basses 

 Pyrenees, first according to the municipal forms of France, and 

 afterwards by the Rev. E. Hedges, British Chaplain at Pau, Com- 

 mander the Hon. B. Cary, R.N., to Sblina Mary, daughter of 

 the late Rev. F. Fox, of Fox-hall, county of Longford, Ireland— 

 23d inst., at St. George's, Camberwell, Mr. W.Scott, of Peck- 

 ham-rye, to Margaret, daughter of the late Mr. T. Hall, of 

 Bishopsgate- street— 24th inst., at St. Mary's Church, Bryanston- 

 square, A. H.Champagne, son of the late General Sir Josias 

 Champagne, to Catherine Mary, daughter of R. T. Garden, 

 Esq., of River Lyons, in the King's County, Ireland. 



DIED.— 7th inst., at Portsmouth, Avxa Maria Williams, 

 sister of the late Colonel Sir Richard Williams, K.C.B.— 12th 

 inst., in Hunter-street, Brunswick- square, Arthur, aged 3, and 

 on the 23d, Jon* Finlay, aged 6 years, children of the late John 

 Dew, who expired on the 2 1st, all of scarlatina— 13th inst., at 

 Florence, Margarkt, wife of Stafford- Price, Esq., of Hendon- 

 house, Middlesex — 16th inst., at his residence in Milton-next- 

 Gravesend, J. Read, Esq., of the Royal Marines, aged 55— 20th 

 inst, of consumption, W. Fraskr, Esq., youngest son of the 

 late J. Fraser, Esq., of the Six Clerks 1 Office, Chancery-lane— 

 20th inst., G. Chapmav, Esq., of the Dane, Margate, Kent, aged 

 83— 20th inst., at Sydenham, Charlotte, widow of the late Mr. 

 Edward Wicken, ofDeptford, Kent— 20th inst., at Walworth, the 

 Rev. T. G. Ackland, D.D., rector of St. Mildred's, Brcad-st., 

 aged 51— 21st inst., J. S. Hulbert, Esq., of Portsmouth, and late 

 a magistrate in that place, aged 66— 22d inst., at Effingham, 

 MARIA Frances Seliva, the eldest and beloved daughter of 

 Hillebrant Meredith Parratt, of Effingham-house, Surrey, aged 

 18— 23d inst., at 40, SackviUe-street, Elizabeth, wife of J. W. 

 Prout, Esq., of Lincoln's-inn, barrister-at-law— 23d inst., in 

 George-street, Portman-square, Elizabeth Caroline, only 

 daughter of C Derby, Esq.— 23d inst., at the residence of her 

 son, Queen's-buildings, Brompton, Elizabeth, relict of the late 

 Thomas Tyerman, Esq., of Holies-street, Cavendish-square, 

 agedjl— 23d inst., in Chester- square, the infant son of Captain 

 and the Hon. Mrs. Charles Stuart. 



BURBIDGE and HEAXY'S COOKINGap^T 

 RATUS, combining Sylvester's Patents.-This Conk 

 Apparatus is believed to possess greater general advantage* th* 

 any yet submitted to the Public, both as regards strength # 

 material and workmanship; in fact, the laws of heat arp 

 applied as to produce the greatest effect with the ltast consum 80 

 tion of fuel, without destruction to the Apparatus ; and B and w" 

 can safely recommend it from experience, as unquestionahl 

 superior to anything of the kind hitherto made. A Prospect 

 can be forwarded, upon application, detailing particular* *0i 

 prices, to 130. Fleet, street. * * rs an <* 



Woman, thoroughly acquainted with the method of makinr 

 Stilton Cheese, of the first quality. To a well recommended and 

 well qualified person liberal wages would be given.— Letter 

 (free) to be addressed to S. T., Mr. Hebditch's, 51, Lissor. 3 

 Grove, London. 



ANTED A HEAD GARDENER.— By a~G^T 



man residing near Godalming, a married Man from 3oto 

 40 years of age, who possesses first-rate practical knowledge of 

 his profession in all its different departments, as regards Fruit as 

 well as Flowers, and who can give testimonials of the same, and 

 also of his unexceptionable moral conduct, honesty, and good 

 temper. Wages 80/. a year, with a Cottage; and he will have 

 under him five men, two boys, and one woman.— Direct Po«i 

 paid, to A. Z., Post-office, Godalming, Surrey, 



WANT PLACE S.— All Letter s to be post-^idT^" 



AS HEAD GARDENER. — A middle-aged married 

 Man, without family. Satisfactory reasons can be given 

 for leaving his present situation, where he has been living up- 

 wards of three years, and where he has had the management 

 of Pines, Grapes, Greenhouses, Framing, Kitchen garden, 

 Pleasure Grounds, Plantations, Coppice Land, &c — Direct to 

 F. T., Post-office, Chichester, Sussex. 



AS HEAD. GARDENER, a single Man, aged 30, who 

 perfectly understands gardening in all its branches, also 

 farming and woods if required. Can have an unexceptionable 

 two and a-half years' character from his late employer.— Direct, 

 to the Secretary, Regent's Park Gardeners' Mutual Instruction 

 Society, 64, High-street, Marylebone. 



GAZETTE OF THE WEEK. 

 BANKRUPTS.— C. B. Batlkt, Abingdon, Berks, draper— T. Hopson*, 

 Middlesex, butcher— W. H- Chapmn, Inworth, Essex, bricklayer— W- Scorr, 

 Recent-street, wine-merchant— T. Grbkkxxo, Worcester, surgeon— T. Grif- 

 fiths, Stoke-upon-Trent, Staffordshire, draper— G. Copaob, Wolverhampton, 

 victualler— R- I* addon, Hartlepool, Durham, chemist— E. Brass, Taunton, 

 Somersetshire, grocer— J. Goit, Devonport, draper — R. J. Cranies, Essex, 

 bntcher— J- Lark, Euston-square, butcher— M. Lopiz, Crutched friars, wine- 



AS GARDENER. — A middle-aged married Man, 

 without incumbrance, who has a good knowledge of 

 Pines, Vines, also of the Hothouse and Greenhouse, and Early 

 Forcing in general. Perfectly qualified in all the other branches 

 of Gardening, Can have an unexceptionable character from the 

 situation he has just left. No single-handed place accepted.— 

 Direct to S. S., Mr. Chandler's Nursery, Vauxhall-road. Dis- 

 tance no object. 





Salf>rd, dyer— K.. Grnt, Hulme, traveller— F. Jo.vas, Bristol, grocer— W- 

 Batty, Kiogston-upon-Hull, carrier. 



for altering the view Which he had taken On this subject, agree- merchant— .1.' J. Johnson t Lant-street, carpenter— J. B. Watkinson, Lanca- 

 ing as it did with what had been laid down by the most eminent shire, iaddler— P. Murbay. Manchester, travelling draper— J-. H&hUEWSir., 



civilians, and win* the corresponding doctrines of the Courts of 

 common law, from the earliest periods of their history. Now he 

 had been led, in conscouence of the important nature of the 

 interests involved, to enter more largelj into the subject than 

 under otliui dmrn inces he Wt^»uLu ave | c » t justified in doing. 

 The immediate question before them was, vrheTner tier jrgc Tirana 

 was or was not guilty of the crime of bigamy, and then the ques- 

 tion was, whether a contract per verba de prasenti was sufficient 

 to support such an indictment. He defined what he considered 

 the effect ot such a contract to be, and then adverted to the 

 change that had been operated on it by the 13th section of the 

 English Marriage Act, and concluded an elaborate judgment by 

 saying— 4 * My opinion therefore, after the most anxious consider- 

 ation, and on the grounds and reasons I have stated, but still 

 with ail deference und respect to those who differ with me on 

 this subject, is that the Indictment against the defendant George 

 Millis lor bigamy, cannot be sustained."— Lord Cottenham In 

 delivering his decision, said that in the whole course of a long 

 professional life he had never met with so embarrassing a case. 

 The highest names in the history of the law were on this subject 

 opposed to each other. The present inquiry involved a consider- 

 ation of the state of the law previously to 1753, go years since it 

 ceased to exist, and this added a difficulty to the inquiry, 

 which it was of the utmost importance to keep in mind. 

 Before the Council of Trent, a marriage per verba de prasenti was 

 a legal marriage, as it was in Scotland at the present day. At 

 that time England was subject to the canon law, like other 

 countries; but by the 25th of Henry VIII. , the canon law 

 was declared to have no effect, except so far as it had been 

 adopted by the consentand custom of the people. Sir \V. Black- 

 stone and SirM. Hale both laid it down that the canon law only 

 then became part of the common, or unwritten law. By the 

 Council of Winchester, it was laid down that a marriage without 

 the benediction of a priest in holy orders was not a valid one, 

 and that any other w?s to be deemed fornicatkai. From the 

 earliest times the law of England had d ffered from the civil and 

 canon law, and required the intervention of a person in holy 

 orders to make a marriage valid. He then proved from an im- 

 mense mass of authorities, the nature of a contractor verb 1 de 

 prasenti; first, such a contract did not give the woman the right 

 of a wife, as far as entitling her to a dower; secondly, sue. 1 a 

 contract did not give the man the right of a husband to the pro- 

 perty of the woman ; thirdly, such a contract did not confer on 

 the issue q( the marriage the rights of legitimacy ; fourthly, such 

 a contract did not confer on the woman the capacity of cover- 

 tui e ; fifthly, such a contract did not make the marriage of either 

 of the part.es with a third person, during the life of the other, 

 a vi id or invalid marriage. Each of these points he supported 

 with cases and decisions. He next stated that though a contract 

 per verba de prasenti was an essential part of a marriage, as 

 between the parties themselves, yet the authorities spread over 

 a period of 700 years did not hold it to be a valid marriage for 

 all the above purposes, without the intervention of a person in 

 holy orders; and that person must be one whom the church 

 considered to be in such holy orders, which no Presbyterian 

 minister could possibly be. He was aware of the difficulties and 

 hardships that the decision might create^ but happily it was in 

 the power of Parliament to remedy tbOM difficulties, and to re- 

 move those hardships. They were here for one purpose only, 

 that of laying cown the law, and in the performance of that 

 duty he was b. und to declare that the first marriage in the case 

 before them was not a valid one ; that therefore the party accused 

 of bigamy, t! iefendant George Millis, could not legally have 



committed the offence with which he was charged. L >rd Brougham, 

 after bearing testimony to the ability and research displayed iu 

 the judgments just read, said he should move that the further con- 

 sideration of the case be postponed, in order that the judgments of 

 the two noble iordi might be printed, for the consideration of the 

 rest of the law lords, that they might be compared with the au- 

 thorities, on points on which he was yet doubtful how far he 

 concurred with the two noble and learned lords. He contended 

 that the present case afforded a proof of the advantage of the 

 practice he had introduced since he was on the teach, and which 

 he wished m B more general, of judges, in cases of importance, 

 delivering written dec ma.— Lord Campbell also concurred in 



the suggestion of the noble and learned lord for the same reasons. 



The Lord Chancellor consented, and the further consideration of 



the case was then postponed. 



ROWLAND'S MACASSAR OIL. — Patronised by 

 Her Majesty, H. R. H. Prince Albert, the Royal Family, and 

 the several cunY+o-vf-Bmropc. vwi«» *u«»nf. fragrant, and pel- 

 lucid Oil, in its preservative, restorative, and beautifying qualities 

 is unequalled over the whole world. It preserves and reproduces 

 the hair, even at a late period of life; prevents it from turning 

 gray ; or if so changed, restores it to Us original colour; frees it 

 from scurf and impurity, and renders it soft, silky, curly, and 

 glossy, and retains its curl and other decorative form uninjured 

 by the variations of the atmosphere or the effects of the crowded 

 assembly— facts which are abundantly proved by the numerous 

 testimonials which may be seen at the Proprietors*. 



Its value is of course enhanced by being used at an early 

 period of life, and to children it is especially recommended as 

 forming the basis of a beautiful head of Hair. Price 35. dd., Js H 

 Family Bottles, (equal to four small,) li)s.6d. 9 and double that 

 size, 21s. per bottle. 



Cautiov.— Each genuine bottle hns the words " RowrAND's 

 Macassak Oil," engraved in two Jines, on the wrapper, and on 

 the back of the wrapper nearly 1500 times, containing 29,028 

 letters. Be sure to ask for M Rowland's Macassar Oil/ 1 



Sold by the Proprietors, A. Rowland and Son, 20, Hatton- 

 garden, London, and by Chemists and Perfumers. 



*** All others are spurious imitations! ! ! 



SOILED LINENS.— The SAMPLE LINENS of 

 those celebrated makers Knox and Co. for Irish linens, 

 and Beverage and Co. for table linens, have been contracted for 

 by Brooks and Wightwick, in the Borough. These linens are 

 soiled only by showing to the trade as samples ; they are specimens 

 of the best made by these celebrated manufacturers, and are now 

 being sold at half the prices of the same goods when clean. Splen- 

 did damask table cloths, three yards long, 7s. 6d. each ; two yards 

 square, each 25. Qd. ; five yards long superb damask cloths, suit- 

 able for the table of the nobility, 285. each j fish napkins, 25. 6d. 

 the dozen ; finest damask napkins, yard square, the dozen, 105. 6d. ; 

 Knox's extremely fine Colcraine Irish, twenty-six yards for 255.; 

 stout and serviceable, twenty-six yards for 295, usually sold at ls.6rf. 

 per yard ; and a large lot of linen sheeting, commencing at 45. 6rf. 

 the pair, without a seam. Samples of these linens sent by horse 

 and cart to any part of town, or forwarded into the country 

 if written for, from Brooks and Wiohtwick's extensive Esta- 

 blishment, 106, High-street, Borough, facing the end of Union- 

 street. The premises being 300 feet deep, country Drapers will 

 find it to their advantage to call at the wholesale warehouse in 

 King. street. 



THE BEST ENGLISH WATCHES.— A." B7~SA_- 



AS GARDENER.— A middie-aged married Man, 

 whoperfectly understands his Business, and capable ofman- 

 aging a small Farm if required. His wife understands and would 

 take charge of a Dairy and Poultry. Character will bear the 

 strictest inquiry. Apply by letter to A.B., Post-office, Totten, 

 near Southampton. 



AS GARDENER.— A young Man, aged 27, who 

 has a thorough knowledge of hisbusinessin all its branches, 

 and whose character will bear the strictest investigation.— Direct 

 to Mr. Wm. Barnes, Gardener to Geo. W. Norman, Esq., 

 Pro^-^v Common, Kent, 



A S GARDENER.— A single Man, aged 26, wh3 



^J^ thoroughly understands his business in the Kitchen and 

 Flower Garden, Forcing and Framing, and has a thoroajh 

 knowledge of Pines and Grape-growing. Can have an unex- 

 ceptionable character from the Gentleman he has lived with two 

 y ears —Direct to E. D. C, at Mr. Robi.vson's, 39, Great Russell- 

 street, Bloorasbury, London. 



1 



VORY and SONS. Watchmakers, 9, .Cornhill, London, op- 

 posite the Bank, request the attention of purchasers to their 

 stock of London-made PATENT LEVER WATCHES, which are 

 manufactured by themselves in their own house. In silver cases, 

 with the detached escapement and Jewelled, the prices are four 

 and a half guineas, six, and eight guineas each ; or in gold cases, 

 10, 12, 14, and 16 guineas each. The very large stock offered for 

 selection includes every description, enabling a customer to 

 select that which is more particularly adapted to his own use. 



BIRTHS.— On the 20th inst., at Northenden, Cheshire, the 

 wife of J. C. Sommers, of Manchester, of a sen— 23d inst., 



GREAT ECONOMY.— Much time and a great deal 

 of labour will be saved by the use cf the SUSSEX CHURN. 

 Attwood, Wimble, and Warner, Manufacturers, Lewes. 

 This Churn being made entirely of block tin, the necessary 

 degree of temperature can be given to the cream, by placing it 

 in a pan of cold or hot water, which ensures the butter coming 

 in 10 or 12 minutes at all seasons of the year. The simplicity of 

 its construction, and the facility with which it may be cleaned, 

 are no inconsiderable advantages over those now in common use. 

 Sizes, Nos.00. 0. 1. 2. 3. 



Churn 2j lbs. 4 lbs. 7 lbs. 14 lbs. 28 lbs . of butter. 



Price with pans complete, 18». 205. 2j5. 33#. 40$. 



Delivercd, carriage paid, to any part of London. 

 London Agents.— Bkniiam, 19, Wigmore-sfrcet, Cavendish- 

 square; Livkr.uore, 30, Oxford-street; Baily,7i, Gracechurch- 

 strcet; Wrioiw's Range Warehouse, near the Monarr.cnt. 

 Export Agent.— Barn ks & Co., log, Fenchurch- street. 

 N.B.— To he seen at the Polytechnic, and Adelaide Gallerv. 

 Observe.— The Improved Water Fail, 4&. and [>s, each. 



AS GARDENER.— A respectable single Man, who has 

 athorough knowledge of every branch of Gardening, Forcing 

 Flower Garden, Wall Trees, Cultivation of Plants, &c. &c- 

 Dire ctto A. B.C. .13, Richmond-street, Edgcware-roari, London. 



AS GARDENER.— A married Man without family, 

 aged 30, who understands his business in all its branches; 

 can have a three and a half years' character from his last situa- 

 tion ; has no objection to milk a cow, take charge of meadow- 

 land, if required, and make himself generally useful, and to hv* 

 in the house ; his Wife is a good cook and can take charge of ft 

 dairy and poultry.— Direct to Y. Z., Mr. Dorreli/s, Tranqod 

 Vale, Black heath. 



AS GARDENER. — An active Man, aged 35, of 

 respectable habits, and well experienced in all the supenor 

 branches of Gardening; has a good practical knowledge of Plants 

 Flower-gardening, &c, and is capable of taking the management 

 of Woods, Plantations, Ground-work, &c, or a small * arm, 11 

 required : his character will bear the strictest investigation. 

 Terms will not be extravagant— Direct to S. H-, at Mr. Fam?- 

 lin's Nursery, Hornsej'-road, Holloway. 



TO GARDENERS. . 



A YOUTH, wishing to learn the art of Gardening, 

 would give any Gentleman's Gardener a Premium toteacn 

 him. A moderate amount of wages would be required, v 

 to A. B., 31, Carey-street, Lincoln's Inn-fields. ■ 



A S PROPAGATOR or FOREMA.N.-A single s Mw, 



XX aged 27, who understands the general routine ol iMK* j 

 business, having practised in some of the first London jutj * 

 Direct, with particular?, to A. B„ Post-office, Kinj rs^aff^.,.. 



A S FARM BAILIFF.— A single Man, aged .Zly *to 

 XX can be well recommended ; has had considerao ' e ^ 

 rience in Farming, and is well acquainted w'. 1 V -urveyin.-, 

 business of an Agriculturist, including .^^'""'""hanicsj 

 mapping, draining, and agricultural chemistry ™ a ™* j^, 

 i3 desirous of obtaining a situation at a modcra e n.\t 

 and to be entitled (after allowing a fair rent and good ™ l8l 

 the proprietor for the capital employed) to a share oi in* d 



.— Direct post paid to R. a., "» 



profits, if any should accrue 



Wm. Stickvev, Ridgmont, near Hull. 



the 



A GENTLEMAN, having extensive Woods m ^ 

 North of England, wishes to recommend his t -u ' TBf 

 (a Scotchman, brought up under the late kobt. i hinJ 



Author of the "Forester's Guide") who hasate a 



during the last 12 years, can now devote a con«i der a" v 

 of the year to such other parties as may be P Ieab ^ pianta- 

 him. He undertakes to manage, value, or report up< u > Te _ m5 

 tions and Woods in every stage of growth or conaino • Udingg , 

 moderate. —Apply to Mr. Howlbt, 13, Bartletts-u 

 London. . 



A 



S LAND STEWARD or BAILIFF.--A Jf*"^ 



36 

 his last 



of StockT "i'he most unexceptionable references BI '^" ofl _ c c, 

 able security will be given. Direct to R. >>• ^"» 32f Thr*** 

 Hod.lesdcn, Herts; or to W. II. Cottrill, MQ-. g vv . g D l* 

 morton-st., London j or to Messrs. Longmork ana 

 Solicitors, Hertford. 



