merely signing a promise to marry Mr. Swift when she came of age. In the Court below, Sir John Nicholl held that, according to the evidence in the case, as to the Roman municipal law, a real conversion was essential to the validity of a marriage, where the parties had been Protestants; that the authority for the marriage had been granted on that supposition, whereas the conversion was admitted to have been simulated : therefore the authority for the marriage was void, and, consequently, the marriage itself was void. Lord Brougham delivered the judgment of their lordships. After taking a short view of the facts of the case up to the 25th of March, the day of the alleged marriage, he observed that the testimony of the three witnesses present at the marriage differed as little as that of witnesses usually do. According to their statement, Miss Kelly recited the formula of abjuration, received absolution, and listened to an exhortation on the indissolubility of the marriage tie, and on the obligation of educating the children of the marriage in the Roman Catholic faith. Further, the ring was blessed by the priest, and placed upon the bride's finger, and both parties were asked whether each would take the other as husband and wife, and each answered "yes." The acts of marriage and abjuration were subscribed by both parties. There were two questions in this case: first, whether or not, supposing the parties intended to contract a marriage, such a contract as this was valid by the law of Rome; secondly, whether or not, supposing the acts done constituted a marriage by the law of Rome, each party knowingly consented to marry the other. There was a third question, namely, whether there had been cohabitation; but this was wholly immaterial with respect to the question of the validity of the marriage, though it might, if proved, tend to render Miss Kelly's allegation of ignorance of the contract less credible. The ground of the judgment under appeal proceeded upon the assumed fact, that Miss Kelly was not cognizant of the marriage and of the abjuration. Assuming the position most favourable for the defendant, namely, that the abjuration of the Protestant religion was a condition precedent to the marriage, had this condition precedent been performed? It had been said, that this could not be, because neither party intended hereby to renounce the Protestant religion; that it was accompanied by no act of the mind, but done for a mere secular purpose, a clandestine marriage. But their lordships were all of opinion that, where the act had been done, it was not competent for them to enquire into the real motives. There was nothing to show that where there had been an actual abjuration, supposing even a concomitant intention to return to the Protestant religion by a second abjuration, a marriage solemnized on the faith of the first abjuration would not be valid. In this case, the Roman lawyers generally, who had assigned their reasons for thinking this marriage invalid, had assumed that Miss Kelly's abjuration was insincere, or that she was not cognizant of what had taken place at the marriage. Upon a consideration of the whole of the evidence of the Roman lawyers, their lordships could not see anything in it to justify a belief that a Roman tribunal would set aside a marriage solemnized by a Roman priest, on the ground that the party was insincere; or that such an issue would be tried as the motives of the party. By the general law, no marriage would be void merely on the proof of a false representation, unless one party imposed upon the other. Miss Kelly's bare assertion that she did not understand the ceremony, or knew that she was marrying Mr. Swift, was not sufficient. What did she understand? Why did she leave her mother's drawing room, and go up-stairs merely to sign a promise to marry? It was taxing their lordship's credulity too much to require them to believe the account she gave that she should risk her mother's anger, of whom she stood in awe, and go through this ceremony, merely to repeat a promise already given. All this was quite independent of the ring, of the act of abjuration, of the absolution, of the exhortation, spoken to by three witnesses, whose characters were unimpeached, except from their being parties in a clan, destine marriage, which inference was, moreover, much weakened by the consideration that their lawful. superiors were aware of the whole proceeding. The conduct of the young lady subsequent to the contract threw a material light on the subject. She still continued to correspond with Mr. Swift, and to employ fond expressions towards him.. The judgement of the Court below was reversed; the appellant was dismissed; and the respondent was directed to return to cohabitation with her lawful husband. PUBLIC DOCUMENTS. DOMESTIC. FIRST REPORT from the CHURCH COMMISSION, as FINALLY SETTLED MARCH 17. REPORT. To the King's most Excellent Majesty. We, your Majesty's Commissioners, appointed by a commission under the Great Seal bearing date the 4th day of February, 1835, to consider the state of the Estab lished Church, with reference to ecclesiastical duties and revenues, having entered upon the inquiry committed to us, humbly offer to your Majesty this our first report. With the exception of a subject to which we shall advert in a subsequent part of our report, we have hitherto directed our attention to that branch of the inquiry which stands first in your Majesty's commission-namely, "the state of the several dioceses in England and Wales, with reference to the amount of their revenues, and the more equal distribution of episcopal dutics, and the prevention of the necessity of attaching by commendam to bishoprics benefices with cure of souls." In order to present to your Majesty our suggestions upon this subject in the most convenient form, we have arranged them un der the following heads-" TERRITORY," REVENUE," and " PA TRONAGE." TERRITORY. The map of England and Wales, marked according to their present ecclesiastical divisions, will exhibit the great inequality which exists between the different dioceses. This inequality, though diminished, was far from being remedied by the erection of new sees at the Reformation;* and the inconveniencies resulting from it have been greatly increased by the immense and partial growth of the population. Although various circumstances render it impossible to establish a perfect equality of dioceses, we are of opinion that the disparity which now exists between them will admit of considerable diminution. The extent of episcopal dutles, while it increases in some degree with the population, is also materially affected by the number and distance of benefices within each diocese. It is not, therefore, to population alone that we deem it right to look on the present occasion. Attention must likewise be paid to other local circumstances. The bishoprics of Chester, Peterborough, Oxford, Glocester, and Bristol, were erected in the reign of Henry VIII. We are not prepared to recommend any increase in the total number of episcopal sees; but we are of opinion, that by the union of certain existing bishoprics, of which the combined duties will not be too onerous for a single bishop; by the erection of two new sees in the province of York; and by the transfer, in some cases, of a district from one diocess to another, an arrangement may be made for the general performance of episcopal duties more satisfactory than that which at present subsists. The maps, and tabular statements, which accompany this report, will exhibit the actual condition of the several dioceses in England and Wales, and the alterations which we venture to suggest. Under this head we proceed to submit to your Majesty the following propositions, subject to such modifications as, upon further inquiry, may appear to be advisable : 1. That two new sees shall be erected in the province of Yorkone at Manchester, and he other at Ripon; at each of which places there is a collegiate church, well adapted for a cathedral. 2. That the diocess of Manchester shall consist of those parts of the county of Lancaster which compose the deaneries of Amoun derness, Blackburn, Leyland, Manchester, and Warrington; and which now form part of the dio cess of Chester. 3. That the diocess of Ripon shall consist of those parts of the county of York which compose the deaneries of Richmond, Catterick, and Boroughbridge, in the diocess of Chester; of the deanery of Craven, and of such parts of the deaneries of the Ainsty and Pontefract, in the county and diocess of York, as lie to the westward of the following districts:-viz., the Liberty of the Ainsty, and the Wapentakes of Barkston Ash, Osgoldcross, and Staincross. 4. That to the diocese of Carlisle shall be added those parts of Cumberland and Westmoreland which now form part of the diocese of Chester,-the deanery of Furnes and Cartmel, in the county of Lancaster, and the deanery of Kirkby Lonsdale in the counties of Lancaster and York, also in the present diocese of Chester, and the parish of Aldeston, in the county of Cumberland, which is now inconveniently situate in the diocese of Durham. 5. That, further, with respect to the diocess of Durham, that part of the county of Northumberland called Hexhamshire, which now belongs to the diocess of York, shall be transferred to that of Durham; and that a few insulated parishes in Yorkshire, now belonging to the diocess of Durham, shall be transferred to that of York, or Ripon, by which dio. ceses, under the proposed arrange ment, they will be respectively surrounded. 6. That to the diocese of Chester, reduced according to the foregoing propositions, shall be added those parts of the county of Salop which are now in the dioceses of Lichfield and Coventry, and St. Asaph; and which must then be included, with the remainder of the diocess of Chester, in the province of York. 7. That the county of Nottingham shall be transferred to the diocess of Lincoln, from that of York, which diocess will then consist of the whole county of York, except the parts which are to be included in the diocesses of Carlisle and Ripon. 8. That the diocess of Lincoln shall in future consist of the counties of Lincoln and Nottingham, which latter county will then be in the province of Canterbury. 9. That the sees of St. Asaph and Bangor shall be united; and that the diocese shall consist of the whole of the two existing dioceses (except that part which is in the county of Salop,) and of all those parishes in the county of Montgomery which now belong to the dioceses of St. David's and Hereford. One advantage which will result from the union of these two sees will be the opportunity afforded of applying a part of the impropriations, which constitute nearly the whole property of the bishoprics, to the augmentation of poor and populous vicarages in the united diocese. 10. That those parishes in the county of Hereford which are now in the diocess of St. David's, and the deanery of Bridgenorth, locally situate between the dioceses of Lichfield and Hereford, shall be added to the diocese of Hereford; that those parishes which are in the county of Worcester and diocese of Hereford shall be transferred to the diocess of Worcester, and those which are in the county of Montgomery and diocess of Hereford to the diocess of St. Asaph and Bangor. The diocess of Bristol presents a peculiarly inconvenient arrangement. It consists of the city of Bristol, with some adjacent parishes; and of the county of Dorset, which is separated from the seat of the bishopric by the county of Somerset. We recommend, as a more con venient arrangement, that the county of Dorset shall be transferred to the diocess of Salisbury; and that the remainder of the present diocese of Bristol, consisting of the city of Bristol and its adjacent parishes, shall be united to some other diocese. Two modes of effecting this object have suggested themselves to us. The first, which is that of uniting the bishoprics of Gloucester and Bristol, involves this objection, that the great and populous city of Bristol would no longer be the residence of a bishop. The other is that of uniting the dioceses of Bristol and Llandaff, the latter having no house of residence for its bishop. If this plan be adopted, it cannot be denied that the interposition of the Bristol Channel between the two divisions of the diocese will produce some inconvenience, and that the bishop will be resident at a considerable distance from the greater part of his diocese: but, under all the circumstances of the case, we are prepared to recommend— 11. That the sees of Llandaff and Bristol shall be united; and that the diocess shall consist of the city of Bristol and adjacent parishes, now in the diocess of Bristol, and of the present diocess of Llandaff; with the addition of those portions of the county of Monmouth which are now in the diocess of St. David's and Hereford, and of certain parts of the deanery of Brecon now in the diocese of St. David's We further propose 12. That the diocess of Gloucester shall consist of the county of Gloucester (except those parishes which are now in the diocess of Bristol, and that part of the deanery of Campden which lies to the north |