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pute had reference to the property left by him to proceed as if he had been perà certain Padre Agostino, a_native of fectly capable of acting as a lay person, Malta, who died recently at Tunis; and and had been, as the lawyers say, sui the litigants were, first, the pope, as head juris throughout. He died; and his next and representative of the Propagandâ of kin, very naturally ignoring all quesFide; secondly, the Capuchin Convent of tions relating to his ecclesiastical status, Malta, to which the deceased monk be claimed his property as they would have longed; thirdly, two of his relations; and done had he been an ordinary lay person. fourthly, the queen of England, who was They have succeeded, moreover, in estabnot, indeed, represented by counsel, but lishing their right, but not without whose claim was incidentally mentioned grand fight on the part of the pope and the by the consul-general as being almost, if convent. not quite, as strong as that of any of the The first question which presented other parties. So respectable an array of itself for the consideration of the British suitors would hardly have been gathered consul was, of course, that of domicile ; together had not the trial involved some and there was not much difficulty in deimportant and novel issues; and, indeed, termining that a man who had been a the circumstances under which Father Maltese subject of her Majesty, and had Agostino died were such as might puzzle acted throughout under a British appoint. the most ingenious judge who ever pre- ment, retained his domicile of origin, and sided over a consular court.
became, as regarded his personal propHe had joined the Capuchin Convent in erty, in no sense amenable to the laws of Malta twenty-seven years ago, and taken Tunis, Turkey, or France. The compethe usual vows, including that of perpet-tence of the British tribunal being thus ual poverty; the effects of which were, as established, the next thing was to dispose it was argued, twofold — first, that he of an objection to the effect that neither could not acquire or hold or transmit the pope nor the convent could sue in a property; and, secondly, that he became British court of justice. The consul-gencivilly dead and incapable for the future eral, though complaining that the proclaof entering into any binding contracts on mation settling the constitution of Malta his own behalf. To this was added an- had not been produced, decided against other assumption made by one of the the objection, on the ground that the Rocounsel; that at the time of entering the man Catholic religion and the religious convent he became bound by a rule pre- bodies professing it have a recognized and vailing in analogous cases, that whatever legal existence in the island. A third and he might apparently acquire would be ac- much more formidable argument was that quired not for himself but for the religious which has been already mentioned – corporation. It will be seen that the namely, that this monk, having in point of sequel of the padre's history made it fact, though in violation of his vows, acsomewhat difficult to apply any one of quired large sums of money, did so as the these maxims. Shortly after he had be- agent of the society, and was bound come a Capuchin monk, the British gov- sooner or later, either during his life or at ernment in Malta, recognizing his posi- his death, to hand it over to the common tion, despatched him to Tunis to look stock. Of this contention Mr. Fawcett after the spiritual welfare of the English disposed by holding, first, that no conin that principality. He went accord. tract had been proved whereby he eningly; but instead of confining himself gaged to do any such thing; and, secondly, to this essential part of his duties he ren- that the society, being composed of a dered a variety of other and more practi- number of men individually sworn to povcal services to the colony, and, what with erty, was itself also bound by a similar lending out money at interest, acting as obligation, and could neither acquire nor legal and literary adviser, making himself hold. It is here, perhaps, that the argugenerally useful to others, and speculating ment which prevailed with the judge is on his own account, amassed a very con- weakest. For it appears that in most siderable fortune, which he not only never communities of the sort the contract handed over to the convent, but enjoyed referred to is understood to exist, and the in perfect security and made the most of property of individual members is thrown till the day of his death. Whatever into a common stock; while, as regards might be the claim of the corporation, or the second part of the conclusion, an inof the Propaganda Fide (under whose ference from the particular to the general orders he acted, to some extent at least, does not very logically hold good. It is, at Tunis), they made no mention of it dur- indeed, almost obvious that the corpora. ing the lifetime of the friar, but allowed / tion does and must hold some sort of property, such as a home to live in, cloth | by consent of the law a Capuchin, and ing, furniture, and probably books or had renounced all worldly possessions, archives of some kind. The monks must past, present, and future, what was his live; and, though they may be sworn not de facto possession of them but a mere to enrich themselves personally, it would sham and fiction in the eye of the law? be hard if the law allowed any thief to What else were the goods in his ostensirob them with impunity of the loaf or ble ownership but bona vacantia, lapsed lentils destined for their daily meal. to the State? If for all legal and civil The monk despoiled of that humble pos- purposes he died when he entered the session might not be himself entitled to convent, and all his worldly possessions sue, but the convent, in the collective were then distributed, how can he now, in right of him and his fellows, could hardly the contemplation of the law, die again, be denied the protection of British law. leaving heirs, executors, administrators,
Granting, however, that the corporation or next of kin? His blood relations now or association of Capuchin monks could come forward to make out their connecnot hold the property, or support an action tion with a man whom they had looked for it, we are then confronted with an- upon as cut off from them and the rest of other claimant, the Propaganda and the the world, and for whose contracts, had he pope. These parties — or this party, for died insolvent, they were very unlikely to their interest appears to be identical consider themselves bound. They rely to contend that the monk has acquired, but a great extent upon the alleged fact that clearly not for himself. He cannot hold, the Capuchins cannot hold. But if their nor can his convent; nor can he transmit claim was bad at the first, the weakness to his next of kin, who have ceased to of the other parties would not impart have any relationship with him, inasmuch goodness to it, but would only let in the as he is civilly defunct. He acquires, counsel for the crown. It is, indeed, a therefore, for that body of which he is pity that the crown was not a party to the still a member, and which is not prohib- suit, and that notice of appeal to the ited by a disciplinary rule from holding Privy Council has not been given, if only temporal possessions. His property, in for the purpose of ascertaining the princifine, is the property of the Church, and ple to be applied in such cases. It is not may be claimed by the head and represen. at any time unlikely that some similar tative of the Church. Mr. Fawcett in his questions may arise in one of our colojudgment does not perhaps give this con-nies. But it will probably be long before tention quite all the weight it merits. a case presents itself so complicated in He regards the pope as claiming through its details, and so fertile in perplexing and by way of the convent; and thus in problems. Padre Agostino has earned a rejecting the demand of the latter assumes place in the law reports ; for there was, to have disposed of all those who trace perhaps, never a man who did so many their title through it. The pope may, things which no one could suppose that without
any violation of common sense or he would, should, might, or could have established law, deny both the premiss done. and the conclusion. He may assert that the convent's disability is a special disability not paralyzing it or "attainting” it as a channel of descent; and he may,
From The Portsmouth (Eng.) Monitor. moreover, claim without any reference to
A MODERN SERMON. the convent at all, merely as the direct superior and as it were the guardian of this too avaricious member of his great Catholic flock. Whether the English law as established in Malta can recognize the
BRETHREN, the words of my text are: Papal Church and its convents, and yet Old Mother Hubbard, she went to the cuprefuse to recognize such claims, if they board, are good in other Catholic countries, is a To get her poor dog a bone; point not discussed in the judgment, and, But when she got there the cupboard was perhaps - considering the history of
And so the poor dog had none. Papal provisions in England - it is still open to some little doubt.
These beautiful words, dear friends, The question of civil death becomes carry with them a solemn lesson. I proimportant in this curious case, when we pose this evening to analyze their meanlook at the claim capable of being urged ing, and to attempt to apply it, lofty as it by the British crown. If the monk was I may be, to our every-day life.
ILLUSTRATING THE METHOD UPON WHICH
Old Mother Hubbard, she went to the cup- lice from Gunter's, the case would have board,
been different, the incident would have To get her poor dog a bone.
been otherwise. But it was bare, my Mother Hubbard, you see, was old; brethren, bare as a bald head, bare as an there being no mention of others, we may infant born without a caul. presume she was alone; a widow - á Many of you will probably say, with all friendless, old, solitary widow. Yet did the príde of worldly sophistry, “The she despair? Did she' sit down and weep, widow, no doubt, went out and bought a or read a novel, or wring her hands ? No! dog-biscuit.” Ah, no! Far removed from she went to the cupboard. And here ob- these earthly ideas, these mundane deserve that she went to the cupboard. She sires, poor Mother Hubbard the widow, did not hop, or skip, or run, or jump, or whom many thoughtless worldlings would use any other peripatetic artifice; she despise, in that she only owned one cupsolely and merely went to the cupboard.
board, perceived - or I might even say We have seen that she was old and saw — - at once the relentless logic of the lonely, and we now further see that she situation, and yielded to it with all the was poor. For, mark, the words are the heroism of that nature which had enabled cupboard.”. Not“ one of the cupboards,” her without deviation to reach the barren or the "right-hand cupboard,” or the “left- cupboard. She did not attempt, like the hand cupboard,” or the one above, or the stiff-necked scoffers of this generation, to one below, or the one under the stair, but war against the inevitable; she did not just the cupboard. The one little humble try, like the so-called men of science, to cupboard the poor widow possessed. explain what she did not understand. And why did she go to the cupboard? She did nothing. “The poor dog had Was it to bring forth golden goblets or none !” And then at this point our inforglittering precious stones, or costly ap
But do we not know parel, or feasts, or any other attributes of sufficient? Are we not cognizant of wealth ? It was to get her poor dog z enough? bone! Not only was the widow poor,
Who would dare to pierce the veil that but her dog, the sole prop of her age, was shrouds the ulterior fate of old Mother
We can imagine the scene. Hubbard, the poor dog, the cupboard, or The poor dog crouching in the corner, the bone that was not there?“ Must we looking wistfully at the solitary cupboard, imagine her still standing at the open and the widow going to that cupboard
cupboard door – depict to ourselves the in hope, in expectation maybe - to open dog still drooping his disappointed tail it, although we are not distinctly told that upon the floor — the sought-for bone still it was not balf open or ajar, to open it for remaining somewhere else? Ah! no, my that poor dog
dear brethren, we are not so permitted to But when she got there the cupboard was for us to glean from this beautiful story
attempt to read the future. Suffice it bare, And so the poor dog had none.
its many lessons; suffice it for us to apply
them, to study them as far as in us lies, “When she got there!” You see, dear and bearing in mind the natural frailty of brethren, what perseverance is. You see our nature, to avoid being widows; to the beauty of persistence in doing right. shun the patronymic of Hubbard; to have, She got there. There were no turnings if our means afford it, more than one cupand twistings, no slippings and slidings, board in the house, and to keep stores in no leaning to the right or falterings to the them all. And oh ! dear friends, keeping left. With glorious simplicity we are told in recollection what we have learned this she got there.
day, let us avoid keeping dogs that are And how was her noble effort re- fond of bones. But, brethren, if we do warded ?
- if fate has ordained that we should do “ The cupboard was bare !
of these things — let us then go, as bare! There were to be found neither Mother Hubbard did, straight, without oranges nor cheesecakes, nor penny buns, curveting or prancing, to our cupboard, nor gingerbread, nor crackers, nor nuts, empty though it be ; let us, like her, accept nor lucifer matches. The cupboard was the inevitable with calm steadfastness; bare! There was but one, only one soli- and should we like her ever be left with a tary cupboard in the whole of that cottage, hungry dog and an empty cupboard, may and that one, the sole hope of the widow future chroniclers be able to write also of and the glorious loadstar of the poor dog, us, in the beautiful words of our text, was bare! Had there been a leg of mutton, a loin of lamb, a fillet of veal, even an And so the poor dog had none.
Pifth Series, Volume XXX.
No. 1878.- June 12, 1880.
CONTENTS. 1. ANIMAL INTELLIGENCE,
Saturday Review, .
Spectator, VIII. PROFESSIONAL FOOLS,
Globe, IX. ANCHOR-ICE, .
698 700 702 704
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“And did you not forget?” she says. A TRIPPING footfall on the stair,
“Forget you, Molly, never ! A vision from “Le Follet,"
The love of Eton jacket days A sudden fragrance in the air,
Is just as green as ever. Ye gods ! can this be Molly?
“You silly boy." “ As silly still, This “symphony" in silver white,
Ah, Molly, do not doubt it." Perchance some star - off duty —
“My glove has come unbuttoned, Will. . . Come down to set us mortals right
How long you are about it!” Upon ideas of beauty.
Chambers' Journal. GEORGE WARRINGTON, Or snowflake that has lost its way,
Its path in life mistaken,
THE DANCING GIRL.
DRAPED in her gossamer, where'er she goes Was but a chit of seven, In sandalled shoes and pinafore,
A pliant fold her inmost grace repeats,
While at her heart burns red the panting rose While I was just eleven.
That on her bosom beats : A pair of youthful lovers we
But not the eyelash flame that hidden glows
One watchful lover meets.
None dare interpret all her limbs express, “Relentless parents" came between;
That clad in music thus divinely move ; Behold Miss Mary Seaton
Those arms would all embrace, those lips caress Consigned to boarding-school routine,
The heaven-descending dove : And me — a fag at Eton.
More than the thought dare dream of they
confess, Ah, Molly, I shall ne'er forget
Because their art.is love. The day on which we parted; I think you cried, you small coquette ; At length she lifts her bashful eyes and sends But I was broken-hearted.
Their glory o’er the crowd that shouts her A Niobe in garments brief,
praise, Your tears were quite in season;
When in the midst is one who towards her But then your doll had come to grief
bends An all-sufficing reason.
His soul's deep pitying gaze;
And that sad look her hour of triumph ends, I still preserve with tender care
And thenceforth on her stays.
That look ʼmid crowded eyes, that only one, With half the pages missing.
She sees; all else around the arena reels; Have you the many-bladed knife
And in that look entranced her power is gone; I gave you once? - I wonder.
Naught present else she feels; The most unlucky gift in life;
Though to her heart she go to be alone, It cleft our paths asunder.
That look to her appeals.
That mourned her broken “Dolly;”
FROM THE CRADLE,
THEY tell me I was born a long
Three months ago, The maid should think of fainting.
But whether they are right or wrong
I hardly know. A dainty cap (I think I'm right)
I sleep, I smile, I cannot crawl, The golden head surmounting,
But I can cry: A pair of gloves whose buttons quite
At present I am rather small,
A babe am I.
The changing lights of sun and shade Disport themselves in myrtle groves
Are baby toys; That blossom on forever,
The flowers and birds are not afraid
Of baby boys. A gleam of gems whose elfin light
Some day I'll wish that I could be In weird and fitful flashes
A bird and fly; Reflects the eyes - demurely bright
At present I can't wish — you see
A babe am I.