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ViVINO LIFE FKO Vl SHIPWKBOK…

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MARTIN v. MACKONOCHIE.

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MARTIN v. MACKONOCHIE. Ie Counsel is matter of persuasion law is matter of injunction; counsel acts upon the willing; law upon the unwilling." It is seldom that even a legal writer States a legal and popular distinction with greater terseness than in the words quoted from Blackstone and happily this regard for law pervades all classes of the community. Now that a final Court of Appeal has pronounced judgment against the Ritualists, it is to be hoped that their leaders- lay and clerical-will submit to the law. Division within the Church is always to be regretted, in so far that it weakens the organized power of the Church in its aggressive forces against those evils it is its special province to combat; and seeing that the Church, as a part of the Constitution, is directly attacked in Ireland, it is specially important that she should be united within herself. The case of Martiu v. Mackonochie was elaborately argued in the Court of Arches, and the decision of that Court was substantially against the Ritualists. Our readers will remember that on the question of ceremonies Sir Robert Phillimore held, that DO sound argument their lawfulness could be deduced merely from their identity with those in use before the Reformation, nor from their disuse since the Reformation but that the real test. was whether or not such ceremonies were necessarily connected with those novel ies which the Church of England rejected at the Reformation and further that whatever was expressly prohibited in the Rubric was prohibited altogether; and what- ever was expressly ordered by the Rubric was com- pulsory. On a construction of the Rubric, it was ruled that the elevation of the paten and cup was illegal, that the use of incense, during the cele- bration of the Communion, was illegal that the mixture of water with the wine was prohibited.. The two points decided in favour of the Ritualists were, that the amount of kneeling to be employed by an officiating minister was in the discretion of the, Bishops respectively, and that the use of candles was lawful. Sir Robert Phillimore did not conceal his regret, that the exposition of the law of which he was the organ, might wound the "feeih gs of some, whose love for the Church of Christ was as un- questionable as their loyal:y to the Church of Eng- land-men, who think no ornament too costly, no service too magnificent, for the House of God." In Martin and Mackonochie, on appeal. Sir Robert Phillimore's judgment has been sustained, in so far as it was prohibitory, and the points in favour of the Ritualists are overruled. The ceremonial of Church services now stands upon the Book of Com mon Prayer, and the Act of Uniformity. In a national sense this must be satisfactory, and although the process by which it has been reached is costly, the gain is great. In a leading case, to adopt a technical phrase from the lawyers, it is desirable that the judgment of the Court should rest upon some defini'e principle which may be understood, when stated by itself. Every layman will appreciate the following illustration :— "Their Lordships are of opinion that it is not open to a minister of the Church, or even to their Lord- ships in advising her Majesty, as the highest ecclesi- astical tribunal of appeal, to draw a distinction in acts which are a departure from or violation of the Rubric, between those which are important and those which appear to be trivial. The object of a Statute cf Uniformity is, as its preamble expresses, to produce an universal agreement in the public worship of Almighty God,' an object which would be wholly frustrated if each minister, on his own view of the relative importance of the details of the service, e'e to be at liberty to omit, to add to, or to alter any of those details. The rule upon this subject has been already laid down by the Judicial Committee in 4 Westerton v. Liddelt,' and their I Lordships are disposed entirely to adhere to it:—' In the performance of the services, rites, and ceremonies ordered by the Prayer-book, the directions contained in it must be strictly observed no omission and no addition can be permitted.' The opponents of the Church of England will reproach her members, as heretofore, that she is an Act of Parliament Church; but that in no sense detracts from the purity of her doctrines, while it is the evidence of her national utility, and her lay members are forthwith assured that their feelings shall not be outraged by novel ceremonies, which point directly against the Reformation. Those who feel their consciences aggrieved by the simplicity of the services of the national Church may find relief in separation. Remembering the many eminent and conscientious clergymen who have officiated in her pulpits in past times, and the verge and room to be found within her pale for all Christian-minded men of moderate views and ambition, the number that may leave the Church, because she is anti-Ritualistic, cannot be many, and these she is better without. To be nominally within the Church of England, but really with that of Rome, is not desirable, and only those who come within that rule need leave the Church as established by law. A MAN SHOT AND EATEN BY DOGs.-On Wed- nesday last the neighbourhood of Ightfield, a small village near Whitchurch, was thrown into an excited state by a report that Mr li. Whitfield, farmer, of 'Ightfield, had been found lying in a ditch on his farm shot through the head. Mr Whitfield was in the habit of going out shooting, with his gun and dogs, and on the morning in question went out soon after daybreak. He returned home to breakfast about eight o'clock, and after partaking of this again went out with his gun. About twenty minutes or half an hour after a shot was heard. About two hours after this a man on the farm saw the dogs in a field, and thinking that they were after the sheep he went to them, when to his horror he found Mr Whitfield lying dead in the ditch. The npper portion of his head was blown entirely away. The dogs had actually eaten the flesh and licked the blood from the head of the unfortunate man. An inquest was held, and the jury returned a verdict of "Found shot, but not suiiicient evidence to show whether by accident or design." Deceased was a single man, aged 38. The dogs were shot. EXPLOEATIONS OF A BULL,-On Tuesday a bull, which was being driven along Bell Street, Dundee, went out of his way, and being brought to a stand in a court, whence there was no back entrance, he stepped into a room, the d,)or of which was open. Below this room is a cellar containing preserves of considerable value. The strength of the floor above these was not sufficient to support the weight of the bull, who fell through it, but was upheld by the joists and forced out. The animal next went into Mr Lowe's house, smashed a table in the lobby, ascended a stair, entered into a bedroom, went up another stair, and tried to ascend a third when his progress was stopped by a policeman, who drove him to the street, and left him in charge of his astonished owner. DEATH or Sitt R. MAYNE.-—Sir Richard Mayno, who had been seriously ill for severel days, flied on Saturday) in the 73rd year of his age. He was the fourth son of the late Mr Justice Mayne, one of the Judge's in the Irish Court of Queen's Bench, and Was educated at Trinity Colletre, Cambridge, where he was B. A. it) 1817, and M.A. in 1321. In the following year he was called to the bar at Lincoln's Inn, and on the institution of the metropolitan police force, in 1829, he received the ap- pointment of Chief Commissioner, a post which now becomes vacant. For his services as chief of the police he.was made a C.B. in 1847, and on the close of the Great Exhibition of 1851 was awarded the honour of knighthood. SHIPPING CASE.—At the Swansea Police Court on Monday, John Elson, senior, John Elson, jun.' Philip Powell, and William Furrell, were sum- moned at the instance of Captain Bar ett, of the Swansea Seamen's Home, for having unlawfully boarded a certain vessel before her arrival at the place of her discharge, whereby they had rendered themselves liable to a penalty of £ 20 each, or three months' imprisonment. Mr Smith, solicitor, ap- peared for the prosecution, and stated that these proceedings were instituted under the 337tli sec- tion of the Shipping Act, which stated that every person not being in Her Majesty's service, and not duly authorised, who should go on board any ves- sel before her arrival at her place of discharge without the consent or permission of the captain of such vessel, was liable to a penalty of JS20. The Act of Parliament distinctly stated the matter, in order that neither the mate nor any other person should give the petmission. These proceedings were taken at the instance of the Swansea Seamen's Home, and the Bench would at once see that if persons were permitted to go on board vessels and endeavour to induce the crew to go elsewhere, that then the place provided for the seamen would prac- tically become useless. The barque Pacific arrived in the port on the evening of the 14th December, and when hear her berthing place in the North Dock two runners belonging to the Home went on board, and there found the whole of the defen- dants, and John Elson, junior, was soliciting one of the crew to go with him, and not to the Home. Captain Robinson, of the Pacific, and Daniel Wil- liams and Robert Jones, the two runners of the Home, were then called, and deposed upon oath the facts stated by Mr Smith. The defendants Elson said that one of the crew had written to them stating that he should board with them when he came to Swansea, and they only went on board to see that man. They had no idea they were doing wrong. The other defendants stated that they had been called on board to work, not by the captain. The Bench, after a long consultation, said they were of opinion the charge had been proved, and fined defendants 20s each, including costs, or four- teen days' imprisonment. THE FATAL ACCIDENT AT CARDIFF.-The inquiry into the death of a pilot named David Jones, which had been adjourned in consequence of the illnesg of the principal witness, Samuel Gainer, who was in the boat IPith the deceased at the time of the accident, was again opened at the Town Hall, on Monday week. Mr Yorath appeared to watch the case on behalf of the widow, and Mr Ingledew for the captain of the E!y. The two men, David Jones ('he deceased) and Gainer, both of whom were in the employ of the Bristol Packet Company, were on Saturday, the 12th instant, in the Gutway, in a small boat, waiting the arrival of the steamer Ely, from Portishead, their duty being to tell the cap- tain of the Ely that the berth for the steamer was ready, and to take the stern rope and fasten it to a buoy. Ou the night in question she was expected at a little after five, but her bow lights were not seen till about six. It was very dark at the time, and the boat, which was on the westward side of Gutway, was pulled further in, nearly on to the mud. Gainer called out to the steamer, Port," and then Stop her," and soon after the steamer's bow struck their boat amidship, cutting her in two, and knocking both of them into the water. Gainer said he came up on the other side of the steamer, but he never saw anything of the deceased after he fell into water. In his opinion the helm of the steamer was not "ported" but "starboard," or the accident would not have occurred. The steamer, after she struck the boat, ran aground, and was afterwards towed off by the Iron Duke tug boat. The captain of the steamer, who was called as a witness, contradicted the statement made by Gainer that he called out "Port," "Stop her," but the order was "Come along easy." He also denied that the steamer was going at full speed, and said she was going very slowly up the Gutway. Some large vessels moored across the gut," opposite the lock gates, prevented his see- ing the leading lights on the pier heads, by which he usually steered. He found a bank in front of him and came to a stop, not knowing which way to go. His proper side would have been on the east side of the Dolphin, but at that time he was on tl,e west side. Every assistance was given to Gainer when the accident was discovered, and efforts made to find the deceased Jones but his body was not found for two hours. Two other seamen on board the steamer gave corroborative evidene5. The jury, after a long consultation, returned a verdict of Accidentally Drowned," but censured the captain, considering he was greatly to blame in being out of his proper course, and advised him to be mere cautious in future. ALEXANDER SELKIKK, THE ORIGINAL OF ROBIN- son CRusoE.lt was iately announced that Com- modore Powell and the officers of Her Majesty's ship Topaze had erected, in the island of Juan Fernandez, a tablet to the memory of Alexander Selkirk, the tablet bearing the following inscrip- tion In memory of Alexander Selkirk, mariner, a native o. Largo, in the County of Fife, Scotland, who lived on the island in complete solitude for four years and four months. He was landed from the Cinque Ports galley, 96 tons, 18 guns, A.D. 1704, and was taken off in the Duke privateer, 12th of February, 1709. He died Lieutenant of H.M.S. Weymouth A.D. 1723, aged 47 years. This tablet is erected near Selkirk's look-out, by Commodore Powell and the officers of H.M.S. Topaze. A.D. 1868." The following letter has just been sent to Commodore Powell :—" Having seen a paragraph in an Edinburgh paper, taken from a letter received from the West Coast of South America, in which the writer mentions that Commodore Powell and officers of Her Majesty's ship Topaze are about to erect on the island of Juan Fernandez a tablet to the memory of Alexan- der Selkirk, whose history is popularly believed to have afforded Defoe the materials of his attractive story, and that the countrymen or Selkirk will be glad to know that naval officers at this distant 11 period wish to show respect to his good name", we beg to return you our sincere thanks for the great honour done to our departed relation, we being the only lineal descendants of the name, and having in our possession au interesting relic, which he had with him on the island—namely, his flip-can, of which Howell, in his Life of SelMrky gives the following description But by far tbe most interesting relic is his flip-can, in possession of his great-grand-nephew, John Selcraig. It holds about a Scottish pint, and is made of brown stone- ware glazed; it resembles a common porter jug as used at the present day. On it is the following inscription and poesy-as in former times every- thing belonging to a sailor that would admit of it bad its rhyme 1.1 Alexr. Selkirk, this is my one. "When you me taka on board of ship, Pray fill me full with punch or flip." In conclusion, we beg to state that if you or any of your officers were ever visiting Edinburgh, and wishing to see this relic, we would feel proud in showing it to you, or to any other person who may feel interested ia seeing it. In name of our relations, I am, Sir, your most obedient servant, THOMAS SELCRAIG, 2, Glenorcby Place, Greenside. row. Edinburgh."