pute had reference to the property left by a certain Padre Agostino, a native of Malta, who died recently at Tunis; and the litigants were, first, the pope, as head and representative of the Propagandâ Fide; secondly, the Capuchin Convent of Malta, to which the deceased monk belonged; thirdly, two of his relations; and fourthly, the queen of England, who was not, indeed, represented by counsel, but whose claim was incidentally mentioned by the consul-general as being almost, if not quite, as strong as that of any of the other parties. So respectable an array of suitors would hardly have been gathered together had not the trial involved some important and novel issues; and, indeed, the circumstances under which Father Agostino died were such as might puzzle the most ingenious judge who ever presided over a consular court.

proper

to enri

e bar

mb t

him to proceed as if he had been perfu
fectly capable of acting as a lay person, hive
and had been, as the lawyers say, sui
fre; a
juris throughout. He died; and his next
of kin, very naturally ignoring all ques
tions relating to his ecclesiastical status,
claimed his property as they would have
done had he been an ordinary lay person.
They have succeeded, moreover, in estab-
lishing their right, but not without a
grand fight on the part of the pope and the
convent.

lentils

The m

Ession

b

right of

den

Gra

or ass

ot ho for it

cther

Conter

The first question which presented itself for the consideration of the British consul was, of course, that of domicile; and there was not much difficulty in determining that a man who had been a Maltese subject of her Majesty, and had acted throughout under a British appointment, retained his domicile of origin, and became, as regarded his personal prop He 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 Propagandâ 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

bis

property, such as a home to live in, clothing, furniture, and probably books or archives of some kind. The monks must live; and, though they may be sworn not to enrich themselves personally, it would be hard if the law allowed any thief to rob them with impunity of the loaf or lentils destined for their daily meal. The monk despoiled of that humble possession might not be himself entitled to sue, but the convent, in the collective right of him and his fellows, could hardly be denied the protection of British law.

by consent of the law a Capuchin, and had renounced all worldly possessions, past, present, and future, what was his de facto possession of them but a mere sham and fiction in the eye of the law? What else were the goods in his ostensible ownership but bona vacantia, lapsed to the State? If for all legal and civil purposes he died when he entered the convent, and all his worldly possessions were then distributed, how can he now, in the contemplation of the law, die again, leaving heirs, executors, administrators, or next of kin? His blood relations now come forward to make out their connection with a man whom they had looked

Granting, however, that the corporation or association of Capuchin monks could not hold the property, or support an action for it, we are then confronted with an-upon as cut off from them and the rest of other claimant, the Propagandâ 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, moreover, claim without any reference to 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 Papal Church and its convents, and yet refuse to recognize such claims, if they are good in other Catholic countries, is a point not discussed in the judgment, and, perhaps considering the history of Papal provisions in England - it is still open to some little doubt.

The question of civil death becomes important in this curious case, when we look at the claim capable of being urged by the British crown. If the monk was

From The Portsmouth (Eng.) Monitor.

A MODERN SERMON.

ILLUSTRATING THE METHOD UPON WHICH
SOME PARSONS CONSTRUCT THEIR

DISCOURSES.

BRETHREN, the words of my text are: Old Mother Hubbard, she went to the cupboard,

To get her poor dog a bone;

But

when she got there the cupboard was

bare,

And so the poor dog had none.

These beautiful words, dear friends, carry with them a solemn lesson. Ip propose this evening to analyze their meaning, and to attempt to apply it, lofty as it may be, to our every-day life.

Old Mother Hubbard, she went to the cup-|ice from Gunter's, the case would have board,

Who would dare to pierce the veil that shrouds the ulterior fate of old Mother Hubbard, the poor dog, the cupboard, or the bone that was not there? Must we imagine her still standing at the open cupboard door-depict to ourselves the dog still drooping his disappointed tail upon the floor- the sought-for bone still remaining somewhere else? Ah! no, my dear brethren, we are not so permitted to attempt to read the future. Suffice it But when she got there the cupboard was for us to glean from this beautiful story

And so the poor dog had none.

"When she got there!" You see, dear brethren, what perseverance is. You see the beauty of persistence in doing right. She got there. There were no turnings and twistings, no slippings and slidings, no leaning to the right or falterings to the left. With glorious simplicity we are told she got there.

And how was her noble effort rewarded?

"The cupboard was bare!" It was bare! There were to be found neither oranges nor cheesecakes, nor penny buns, nor gingerbread, nor crackers, nor nuts, nor lucifer matches. The cupboard was bare! There was but one, only one solitary cupboard in the whole of that cottage, and that one, the sole hope of the widow and the glorious loadstar of the poor dog, was bare! Had there been a leg of mutton, a loin of lamb, a fillet of veal, even an

F

Го

TERMS OF SUBSCRIPTION.

For EIGHT DOLLARS, remitted directly to the Publishers, the LIVING AGE will be punctually forwarded for a year, free of postage.

An extra copy of THE LIVING AGE is sent gratis to any one getting up a club of Five New Subscribers. Remittances should be made by bank draft or check, or by post-office money-order, if possible. If neither of these can be procured, the money should be sent in a registered letter. All postmasters are obliged to register letters when requested to do so. Drafts, checks and money-orders should be made payable to the order of LITTELL & Co.

Single Numbers of THE LIVING AGE, 18 cents.