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312 ®fK &$aiieV* [Saturday,
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THE TALBOT CASE. The Court of Chancery h...
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Kplscol'aii Manil'ksto. Humour Has B...
mysteries of God , « for the edifying of thebody of Christ . They would join with us in asserting , and , if need be , defending for themselves , as much as for us , the true spiritual freedom of the Church . They would unite with us in a more trustful spirit , and therefore with a more ready will , in enlarging her means and strengthening her powers for the great wok she has to do amongst the swarming multitudes of our great towns at home and of our vast dominions abroad ; and that Church which has so long received from the hands of God such unequalled blessings might continue to be , yea and become more and more , ' a praise in the earth . ' " March 29 , 1851 . "
of their respective dioceses . J . B . Cantuar ; T . Ebor ; C . J . London ; E . Dunelra ; C . R . Winton ; J . Lincoln ; C . Barigor ; H . Carlisle ; G . Rochester ; J . H . Glocester and Bristol ; C . T . Ripon ; E . Sarum ; G . Peterborough ; C . St . Davids ; H . Worcester ; A . T . Cicester ; J . Lichfield ; T . Ely ; . 8 . Oxon ; T . V . St . Asaph ; J . Chester ; S . Norwich ; A . Llandaff ; Auckland , Sodor , and Man . " Beloved Brethren , —We have viewed with the deepest anxiety the troubles , suspicions , and discontents which have of late , in some parishes , accompanied the introduction of ritual observances exceeding those in common use amongst us . _ ... . ....
" We long indulged the hope that , under the influence of charity , forbearance , and a calm estimate of the small imp ortance of such external forms , compared with the blessing of united action in the great spiritual work which is before our Church , these heats and jealousies might by mutual concessions be allayed . But since the evil still exists , and in one most important feature has assumed a new and more dangerous character , we feel that it is our duty to try whether an earnest and united address on our part may tend , under the blessing of God , to promote the restoration of peace and harmony in the Church .
" The principal point in dispute is this—whether , where the letter of the Rubric seems to warrant a measure of ritual observance which yet , by long and possibly by unbroken practice , has not been carried out , the clergy are either in conscience required , or absolutely at liberty , to act each upon his own view of the letter of the precept rather than by the rule of common practice . Now , as to this question , we would urge upon you the following considerations : —First , that any change of usages with which the relig ious feelings of a congregation have become associated is in itself so likely to do harm that it is not to be introduced without the greatest caution ;
secondly , that , beyond this , any change which makes it difficult for the congregation at large to join in the service is still more to be avoided ; thirdly , that any change which suggests the fear of still further alterations is most injuiious ; and , fourthly , that , according to the rule laid down in the Book of Common Prayer , where anything is doubted or diversely taken ' concerning the manner how to understand , do , and execute the things contained in that book , the parties that so doubt , or diversel take anything , shall alway resort to the bishop of the diocese , who by his discretion shall take order lor the quieting and appeasing of the same , so that the same order be not contrary to anything contained in that book . '
" Th « fair application of these principles would , we believe , solve most of the difficulties which have arisen . It would prevent all sudden and startling alterations ; and it would facilitate the reception of any change which was really lawful and desirable . We would , therefore , first urge upon our reverend brethren with affectionate earnestness the adoption of such a rule of conduct . We would beseech all who , whether by excess or defect , have broken in upon the uniformity , and contributed to relax the authority of our ritual observances , to consider the
importance of unity and order , and by common consent to avoid whatever might tend to violate them . In recommending this course as the best under present circumstances , we do not shut our eyes to the evil of even the appearance of any discrepancy existing between the written law and the practice of the Church . But there are many cases where the law may be variously interpreted ; and we believe that we are best carrying out her own principles in urging you to have recourse in all such cases to the advice of her chief pastors .
" But , beyond mere attempts to restore an unusual strictness of ritual observance , we have to deal with a distinct and serious evil . A princip le has of late been avowed and acted on which , if admitted , would justify far greater and more uncertain changes . It is this—that ats the Church of England is the ancient Catholic Church settled in this land before the Reformation , and was then reformed only by the casting away of certain htrictlydefined corruptions ; therefore , whatever form or u » ag « - cxistcd in the Church before its reformation may now b *; freely introduced and observed , unless there can b < alleged against it the distinct letter of some formal prohibition .
"Now , against any such inference from the uudoubted identity of the Church before and after the ftelojiuaiioji . we feed bound to enter our clear and unhesitating protect . We believe that at the Reformation the English Church not only rejected certain corruptions , but also , without in any degree severing her connection with the ancient Catholic Church , intended to establish one uniform ritual , according to which her public services bhouid be conducted . JJut it in manifest that a lie use buch as is contended for is wholly iiicomimtihle with any liiiilonmty of worship whatsoever , and at . variance with tiie universal practice of the Catholic Church , which ban never g iven to the officiating miniHteiH of separate congregations any buch . large discretion in the selection ot titual observances .
" We therefore beseech any who may have proposed to themselves the restoration of what , under sanction of thin principle , they deemed a lawful system , to consider the daiigerw which it involves ; to nee it . in its true light , and to take a more just and Holier view of the real position of our Church : whilst , with equal earnestness , we beseech others , who , either by intentional omission or by neglect and laxity , may have disturbed the uniformity and weakened the authority of our ' prescribed ritual , to Btrengtlun the side of order by avoiding all unnecessary deviuliotiN from the Church's lule .
"Such harmony of action we nre persuaded would , under ( Jod ' s blessing , go far towards restoring the peace of the Church . Thin happy retsull . would more ideally « xhtbit her spiritual character . The mnlual relations ol lier various members would be more distinctly perceived ; and our lay brethren would more readily acknowledge the Hpcciul trust committed to uu , as jytewaidb of the
312 ®Fk &$Aiiev* [Saturday,
312 ® fK & $ aiieV * [ Saturday ,
The Talbot Case. The Court Of Chancery H...
THE TALBOT CASE . The Court of Chancery has been occupied three days in discussing what ought to be done with thia young lady , whose fortune of £ 85 , 000 renders her an object of so very much attention . As we stated last week , Miss Talbot ' s stepfather , Mr . Craven Berkeley , presented a petition , praying that the matter should be brought under the notice of the court ; and her testamentary guardian , Dr . Doyle , presented a counter petition , praying that a reference should be made to the Master for a scheme , making pro-vision with respect to the future residence and management of Miss Talbot during her minority .
it was impossible in their circle of friends and acquaintances that some family could not be found who would be willing to receive this young lady . If these parties had really taken the least interest in what became of her , there would have been no difficulty in making suitable arrangements for the proper care and custody of a charge which they should have regarded in the light of a child entrusted to its parents . " Dr . Doyle , in his affidavit , had said he never wished her to become a nun or to take the veil , because he
thought she wag not qualified for that state . He also stated , that he wrote to heron the 15 th of March —after the question had been publicly discussed however—to dissuade her from taking such a step , having had an impression that she intended doing so . But why had he remained silent so long ? From September , when she entered the convent , up till the 15 th of March , Di . Doyle had no communication with the young lady , had never interfered till he was informed by somebody or other that she was wavering as to whether she would take the veil or not : —
" It was one of the most monstrous instances of neglect on the part of a guardian that could possibly be imagined . There was that young lady , who had been brought up as a hothouse plant , in that secluded state totally unfitted for tie world ; she was suddenly thrown into the bustle of the London season , aad the hurry and fatigue attendant thereon naturally produced that very reaction the convent wished for ; and yet Dr . Doyle took no notice of her , until public attention was called to the matter , and the feelings of the public aroused . "
The Solicitor-General then proceeded to show , from Mr . Berkeley ' s affidavit , and also from that of Miss Jerningham , that Miss Talbot had been received at ? ' The Lodge " as a postulant , although an effort was made by the latter to make it appear that the young lady was only a boarder , under the name of a postulant . The fact , however , of Bishop Hendren having stated in his letter to the Times that she was admitted as a postulant at her own special request was enough to show the real state of the case . It had been stated by Dr . Hendren that her taking the veil would not divest her of her property , but it was
well known how religious houses dealt with the consciences of those who joined them , and yet attempted to retain a control over their worldly goods . As a proof of this the Solicitor-General referred to a recent trial in Ireland , where two sisters , who had taken the veil , signed a deed which gave their property to the convent . In the course of the trial one 6 f the sisters , who had taken the vows of chastity , poverty , and obedience , was reported to have declared that " was compelled to sign away her fortune as completely by compulsion as if a highwayman had held a pistol to her head . "
Mr . Birkbeck believed the court would be of opinion that Dr . Doyle , in permitting Miss Talbot to be placed in the convent , had been guilty of a gross contempt of his lordship ' s order , and of that court . Being deserted by Lord and Lady Shrewsbury , who had gone to the Continent for some indefinite period , it was not surprising that she should express a wish to return to a place where , he had no doubt , she had been treated with kindness and consideration , namely , the convent ; and , finding that she could not be admitted as a boarder , she preferred going in as a postulant . In Tan Espan it was laid down that a postulant was one seeking a conventual life and in probation , and the words of Miss Jerningham" that she was as likely to become a nun as not "fully corroborated that definition .
Mr . Itolt , on behalf of Dr . Doyle , contended that no case hud been made out at all for interference on the part of Mr . Berkeley . Throughout the whole proceedings Dr . Doyle had acted under a sense of the obligation he believed he had incurred in becoming the guardian of Miss Taibot , and , therefore . no blame could be nttachcd to him . So far as he could gather from tin ; general statements made , the charge against the guardians of the young lady w « s that Miss Talbot had been placed in certain circumstances , and subjected to certain priestly influences , with a view to make her adopt a life of religious seclusion , and thereby secure her fortune for the Komish Church .
JJut thin incident in the drumu wuh not thought sufficient , and a second one was accordingly introduced They wore told that Lady Shrewsbury liad attempted to coerce Miss Talbot into a marriage repugnant to her feelings , with the alternative of being sent back to the convent , held out as a threat , either to force her into the marriage , or to punish her for refusing . But the two ehargoH were self-contradictory . They do-Htroyed each other , and , therefore , hardly deserved any ncrious refutation . The only point requiring any explanation was the statement us to Mi « s Talbot'w
having boon received , last September , as a postulaijt . It had been mated by Mihh Jerningham that the rules of the convent prevented any person from being received a second time , except as a postulant . " This was a very proper rule , uh it prevented a young per . Mon who hud mixed with the world from eouununicuting her notions and ideun to the young pupils . " But in Mihh Tulbot ' H < , a « e thin rule had been relaxed . She wuh received nominally as a postulant , but in reality as a boarder . He now came to the real cause of her being sent back to the convent . In the uutiunu oi'luBt year ccituin communications had passed
be removed from the- control which must naturally be asHuiucd by those who take a . peculiar view with regard to the importance of n spiritual life . He thought the guard iana of the ; young lady were bound to take care that . slit ; did not return to the convent , until they had apprised liin lordship thut it was a mere temporary arrangement , until sonio more lilting arrangement had been conn ; to . If then ; was no Niiitable place to send her to at . that , moment , and that , she had been sent there as a boarder merely for a few weeks , the thing would huve asHinned a very diil erent character ; but it was difficult to conceive even this case to arise with the large and inlluontinl conuectiona of Lord and Lady tihrewobury—
thought they had very much neglected their duty on that occabion : - " It wa « their duty to have come to the court , and Mated to his lordship all that bad taken place . They ought to have hccn that the young lady was placed in a portion befitting her age , her rank , and her expectations , and , at all events , that she should be placed in hoiiu ; family where she would be no longer under strict conventual ueclusion , and under strict direction , as he believ * d it was termed in the Church of Rome—that she should be no longer under that dominion , which at her age she had no meano of rcsivtinu—and that she should
c :. cih * . u ¥ h . uibf : ] " Jiuh-op of Clifton ' chose to afford Jxi'i . J u . bfl . nr i h'A ) , Lord Shrewsbury appeared to 1 j » v < : ¦ < i vrai ' .. < : ' n <; d Vj a fc ^ iiKft of his responsibilities Mlh ^ 'i cilKxA wa * i . &> , en from "The Lodge , " and intJouuv . i'd jijI . o *¦<>< : k ;\ v . During that period a marri ( iy < - Wat oujjUJn ;/!; it '< J between the young lady and a brother <>\ tb » _ - Duke of Rochefoucault , but the match wti > \ jiokcn oil afterwards with her full approbation . Tb < r Karl and CountuhB of Shrewsbury went abroad in September last year , but they did not take Mit-H TaJbot with them . The Solicitor- ( ienernl
From 18-11 till 18 S 0 she remained there with hardly any notice on the part of her noble relatives . During ail that time she visited Alton Towers only oner , a :: d rf / ctivt d only one visit from the Karl and Cout . V .-iM . ' A h } . i' -w ( . bury at " The Lodge . " The yoi . ; . ¦> - - Cy wit h' -jyt in a fetate of complete seclusion . At i ; „•' - ?_;¦ - ; vi . ' jfu hah . U > and manners began to be fojT . -jt-c . > . ¦ t ; w < . * , < A \ witli"Ut any other society than tis-c . * . wi ; . u . * . 'iii < : t- tytxrfc-h , I > r . Doyle , or the person
and fine needlework , & c . The uniform dress on Sundays— white muslin and blue sash ; everyday in summer , a gingham , procured at Taur . ton Lodge ; in winter a dark blue merino , straw bonnet , trimmed with blue ribbon ; other articles of drc 6 S as each young lady may have been accustomed to . No vacation ; and no deduction is made for absence , if by way of indulgence ; if absence is occasioned by illness , a deduction is then made . If parents take their children home , it can only b <; fur a month once in a year . "
" The Lodge , Taunton . The age of admission to thirteen years old inclusive . Twenty-eight young ladies only are admitted . They must be children of Roman Catholic parents . For board , washing , sheets , towels , stationery , and school books , forty guineas per annnm , half of which is always paid in advance , and two guineas entrance . Education comprises the principles and practice of the Catholic raligion , the English and French languages , history , geography , writing , arithmetic , plain
allowed to remain any longer in the convent ; indeed unless Mr . Berkeley had moved in the matter no step would have been taken in the mutter at all . The case on which Mr . Berkeley ' s petition was founded was , that the Earl and Countess of Shrewsbury had neglected their charge . Instead of taking Miss Talbot under their care , they had placed her at a school where boarders were received for forty guineas per annum . The following is a prospectus of the establishment : —
Mr . Rolt , who appeared on behalf of Dr . Doyle , gave an outline of the ease , which embodied nothing new . The Solicitor-General followed on behalf of Mr . Berkeley , whose petition , he said , coincided with that of Dr . Doyle as to the removal of Miss Talbot from the convent , but it had the merit of hay ing been presented several weeks before the other . The petition of Dr . Doyle had not been presented until after the discussion in the House of Commons , when it had become evident that Miss Talhot would not be
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Citation
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Leader (1850-1860), April 5, 1851, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse2.kdl.kcl.ac.uk/periodicals/l/issues/cld_05041851/page/4/
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