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is in Domesday Book; and its crest of a bear was given by Richard Cœur de Lion to the crusader Sir Robert Waterton in reward of his valour at the Battle of Ascalon, in 1191. In 1415, Thomas Waterton fought with no less distinction at Agincourt. Another Waterton was on the side of the king at Marston Moor. From Waterton, in Lincolnshire, their original seat, the Watertons removed to Walton, in Yorkshire, some centuries ago, and there they have continued to flourish in high position and general estimation.

CARDINAL NICOLAS WISEMAN.

This eminent dignitary and representative in England of the Roman Church, who died in London on the 15th of February, at the age of 62, was the son of the late Mr. James Wiseman, merchant, of Waterford and of Seville, in which latter city the late Cardimal was born on the 2nd of August, 1802. The family of Wiseman is one of considerable antiquity, and they appear to have had lands in the county of Essex since the reign of Edward IV. Soon after the Reformation, Sir John Wiseman, who had been one of the Auditors of the Exchequer under Henry VIII., and was knighted for his bravery at the Battle of the Spurs, acquired by purchase Much Canfield-park in that county. His grandson, William, who married into the noble family of Capel, afterwards Earls of Essex, was created a baronet by King Charles I. in 1628, and a younger brother of the second baronet was Lord Bishop of Dromore. The title has continued in a direct line of succession down to the present time, and is now represented by Sir William Saltonstall Wiseman, eighth baronet, who is a Captain in the Royal Navy. From a younger branch of this family the late Cardinal traditionally claimed descent. His Eminence's mother, whose maiden name was Strange, and whose family, in spite of large confiscations of their property under Öliver Cromwell, is still seated at Aylward's Town Castle, in the county of Kilkenny, lived to see her son elevated to a Cardinal's hat, and died full of years in 1851.

Though born upon Spanish soil, young Nicolas Wiseman, when he was little more than five years old, was sent to England. He arrived at Portsmouth in January, 1808, in the "Melpomene" frigate, Captain Parker, and was sent, while still very young, to a boarding school at Waterford. In March, 1810, he was transferred thence to the Roman Catholic College of St. Cuthbert, at Ushaw, near Durham, where he remained until 1818. In that year he

obtained leave to quit Ushaw for Rome, where he arrived in the December of that year, and became one of the first members of the English College, then recently founded at Rome. In the next year he had the honour of preaching before the then Pope, Pius VII., and having pursued with diligence the usual course of philosophical and theological studies, he maintained a public disputation on theology, and was created a Doctor in Divinity July 7, 1824, shortly before the completion of his twenty-second year.

In the following Spring he received holy orders, and in 1827 was nominated Professor of Oriental languages in the Roman University, being at that time Vice-Rector of the English College, to the rectorship of which he was promoted in the year 1829. He had already distinguished himself, not merely as a theologian, but also as a scholar, for in 1827 he composed and printed a learned work, entitled "Horæ Syriacæ," chiefly drawn from Oriental manuscripts in the Library of the Vatican.

Dr. Wiseman returned to England in 1835, and in the winter of that year delivered a series of lectures, during the season of Advent, at the Sardinian Chapel in Lincoln's-inn-fields. In the Lent or the following year, at the request of the late Bishop Bramston, then Vicar-Apostolic of the London District, he delivered at St. Mary's, Moorfields, another course of lectures, in which he vindicated, at considerable length, the principal doctrines and practices of the Roman Catholic Church, and with such success, that the Roman Catholics of the metropolis presented him with a gold medal, commemorative of their gratitude and of their high regard for his talents and acquirements. These "Lectures" were speedily followed by a "Treatise on the Holy Eucharist," which occasioned a theological controversy with Dr. Turton, the late Bishop of Ely, and by another work, in two volumes, entitled, "Lectures on the Connexion between Science and Revealed Religion." In the Lent of the year 1837, when he happened to be in Rome, he delivered four lectures on the "Offices and Ceremonies of Holy Week," which were afterwards given to the world as a separate publication.

In 1840 the late Pope Gregory XVI. increased the number of his Vicars-Apostolic in England from four to eight, and Dr. Wiseman was appointed coadjutor to the late Bishop Walsh, then Vicar-Apostolic of the Midland District, being at the same time elevated to the Presidency of St. Mary's College, Oscott, near Birmingham. While there he took the deepest

interest in the theological movement at Oxford which is associated with the names of Dr. Newman and Dr. Pusey, and which has furnished Rome with many distinguished recruits. In 1848, on the death of Bishop Griffiths, Dr. Wiseman became Pro-Vicar-Apostolic of the London District, and subsequently was nominated coadjutor to Dr. Walsh, cum jure successionis, on the translation of that prelate to London. Bishop Walsh survived his translation but a short time, and on his death, in 1849, Bishop Wiseman succeeded him as Vicar-Apostolic.

The next stage in Dr. Wiseman's life is that which, as it has been more controverted than any other, so also is that by which his name will be longest remembered. In August, 1850, Bishop Wiseman was summoned to Rome, to the "threshold of the Apostles," by his Holiness Pope Pius IX., who on the 29th of the following September issued his celebrated "Apostolical Letter," re-establishing the Roman Catholic hierarchy in England and Wales, at the same time issuing a "Brief" elevating Dr. Wiseman to the "Archbishopric of Westminster." In a private consistory, held the following day, the new "Archbishop" was raised by the Sovereign Pontiff to the dignity of a Cardinal Priest, the ancient church of St. Pudentiana, at Rome, in conformity with the ecclesiastical custom, being selected by him as his title. His Eminence was the seventh Englishman who has been elevated to the hat of a Cardinal since the Reformation, his predecessors in this dignity having been Cardinal Pole, Cardinal Allen, Cardinal Howard, Cardinal York, Cardinal Weld, and Cardinal Acton.

The name of Cardinal Wiseman was well known in that portion of the literary world which interests itself in controversy, as one of the most frequent and able contributors to the "Dublin Review," of which he was for some years the joint editor. Among other productions of his pen which appeared in that periodical we may name his "Strictures on the High Church Movement in Oxford," which were reprinted by the Catholic Institute about twenty years ago for circulation in a cheap form, under the attractive title of "High Church Claims." His Eminence's "Essays and Contributions to the Dublin Review" were collected and published, with a preface by the author, in three volumes 8vo. in 1853. It is also understood that he contributed to the "Penny Cyclopædia" the article which treats on the "Catholic Church." Among the best known of his Eminence's other controversial and miscellaneous publications are his "Fabiola,"

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a tale of the Early Christians; his "Reminiscences of the Four last Popes;" "A Letter on Catholic Unity," addressed to the late Earl of Shrewsbury; "A Letter to the Rev. J. H. Newman, on the Controversy relating to the Oxford Tracts for the Times;" and "A Letter addressed to John Poynder, Esq., upon his work entitled Popery in Alliance with Heathenism.' To these must be added his "Appeal to the Reason and Good Feeling of the People of England," respecting the "Papal aggression," in which he endeavoured to prove that the matter at issue was merely a question relating to the internal and spiritual organization of the English Roman Catholics, and in no sense a temporal measure, or one which involved any practical assault on the freedom of Protestants.

To the London world and to the public at large Cardinal Wiseman's name was familiar by his frequent appearance upon the platform as a public lecturer upon a wide range of subjects connected with education, history, art, and science; and in this capacity his Eminence always found an attentive audience, even among those who were most conscientiously opposed to his spiritual pretensions.

The illness of which his Eminence died had been of long standing, and when he left England for Rome in the Spring of 1860, there were many of his friends who feared that they would see his face no more. But he lived to return to England, and to recover some portion of his former health. It is almost superfluous to add that his Eminence's loss was severely felt among the English Roman Catholics, both lay and clerical, as he was one of the few members of their body who had earned for himself a wide and lasting reputation for ability and learning.

The Cardinal was a foreign member of the Royal Society of Literature, and a corresponding member of the Royal Asiatic Society. He was not only a thorough master of English, but also an admirable linguist, being well acquainted with several Continental and Oriental languages. He may be well said to have been, like Wolsey, "from his cradle a scholar, and a ripe and good one, exceeding wise, fair-spoken, and persuading;" but, unlike the great Cardinal of the Tudor age, the Prelate of the time of Victoria was nowise "lofty and sour." The remains of the deceased Cardinal lay for some days in state in his house in York-place. They were thence removed to his pro-cathedral, St. Mary's, Moorfields, and were interred, with splendid religious ceremony, in the Roman Catholic cemetary at Kensal-green.

REMARKABLE TRIALS.

I.

THE CASE OF THE BISHOP OF NATAL.

THE judgment of the Lords of the Judicial Committee of the Privy Council upon the Petition of the Bishop of Natal, referred to the Judicial Committee by Her Majesty's Order in Council of the 10th of June, 1864; was delivered on the 20th of March, 1865:

Present. The Lord Chancellor, Lord Cranworth, Lord Kingsdown, the Dean of the Arches, and the Master of the Rolls.

This very important decision, which treats of the whole position, authority, and character of the so-called Church of England in the Colonies, and of the persons who assume to hold office in it, arose out of the proceedings taken by the Bishop of Cape Town, Dr. Gray, for the purpose of depriving the Bishop of Natal, Dr. Colenso, of his episcopal see and jurisdiction, on the ground that his published writings were contrary to the Articles and Formularies of the Church.

Dr. Colenso at the outset protested against the whole proceedings, denied the jurisdiction in hac re of his Metropolitan, and announced his intention of appealing against any sentence that might be pronounced against him. Notwithstanding his protest, the Bishop of Cape Town claimed to exercise coercive jurisdiction over his suffragan Bishop, by virtue of the letters patent under which the office of Metropolitan Bishop had been conferred upon him by the Crown, whereby it was provided that any proceedings against either of his suffragan Bishops of Graham's Town or Natal should originate and be carried on before the Bishop of Cape Town, with a final appeal to the Archbishop of Canterbury; and accordingly the Bishop of Cape Town proceeded to try the charges of heresy brought against the Bishop of Natal, and, having heard the case, he pronounced a sentence of deposition against the latter, and subsequently prohibited the clergy in the diocese of Natal from yielding obedience to their deposed Bishop. The Bishop of Natal was advised that the exercise of this jurisdiction on the part of the Metropolitan was not only an assumption of power unknown in the history of the Western Church, Catholic or Protestant, but

that it was plainly at variance with the settled principles of constitutional law as applied to colonies or settlements which have acquired legislative institutions of their own. He accordingly presented a petition of complaint and appeal to the Queen as Sovereign of this realm, and as the head of the Church of England, praying that the letters patent granted to the Bishop of Cape Town, in so far as they purported to create a court of criminal justice within the Colony of Natal, and to give the Archbishop of Canterbury appellate jurisdiction in causes between the Metropolitan of Cape Town and his suffragan Bishops, and in so far as they derogated from the Bishop of Natal's rights under his own letters patent, were of no force or avail in the matters complained of, and that the pretended trial and proceedings before the Bishop of Cape Town, and the sentence pronounced by him, were null and void in law. The petition of complaint and appeal also prayed that, if necessary, the Bishop of Natal might be heard upon the merits of the case, by way of appeal from the sentence of Bishop Gray. This petition of complaint and appeal was presented to the Queen through the Secretary of State for the Colonies, in the spring of 1864, and was referred to the Judicial Committee of the Privy Council to hear the same and report to Her Majesty their opinion thereon. The whole matter was argued in the month of December by counsel for the Bishop of Natal, and also for the Bishop of Cape Town. The case of the latter, as presented by his counsel at the bar, was shortly as follows:-That the letters patent under which the office of Metropolitan Bishop had been conferred upon the Bishop of Cape Town expressly authorized him to exercise coercive jurisdiction over his suffragan Bishops, and that the only appeal from his decision was to the Archbishop of Canterbury; that if such letters patent were insufficient in point of law to confer such jurisdiction, the Bishop of Natal had, by taking the oath of canonical obedience to the Bishop of Cape Town as Metropolitan, submitted himself, as a matter of contract, to the jurisdiction of the latter; and, lastly, that if neither of these positions were sound in point of law, and if, consequently, the proceedings and sentence at Cape Town were a nullity, the Bishop of Natal might disregard them altogether, and that he had no right to come to the Sovereign to ask for a declaration as to their invalidity—that he might defy the sentence, and, if necessary, call upon the civil tribunal at Natal to protect him against the consequences of such sentence.

With these four questions the Judgment deals, furnishing clear and categorical answers to each of them.

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"The Bishop of Natal and the Bishop of Cape Town, who are the parties to this proceeding, are ecclesiastical persons, who have been created Bishops by the Queen in the exercise of her authority as Sovereign of this realm and head of the Established Church. These Bishops were consecrated under mandate from the Queen by the Archbishop of Canterbury, in the manner prescribed by the law of England. They received and hold their dioceses under grants made by the Crown. Their status, therefore, both ecclesiastical and temporal, must be ascertained and defined by the law of England; and it is plain that their legal existence depends on acts which have no validity or effect except on the basis of the supremacy of the Crown. Further, their respective and relative rights and liabilities must be determined by the principles of English law applied to the construction of the grants to them contained in the letters patent, for they are the creatures of English law, and dependent on that law for their existence,

rights, and attributes. We must treat the parties before us as standing on this foundation and on no other. The letters patent by which Dr. Gray was appointed Bishop of Cape Town, and also Metropolitan, passed the Great Seal on the 8th of December, 1853. These letters patent recited, among other things, that it had been represented to Her Majesty by the Archbishop of Canterbury that the then existing see or diocese of Cape Town was of inconvenient extent, and that for the due spiritual care and superintendence of the religious interests of the inhabitants there, and for the maintenance of the doctrine and discipline of the United Church of England and Ireland within the Colony of the Cape of Good Hope and its dependencies, and the Island of St. Helena, it was desirable and expedient that the same should be divided into three (or more) distinct or separate sees or dioceses, to be styled the Bishopric of Cape Town, the Bishopric of Graham's Town, and the Bishopric of Natal-the Bishops of the said several sees of Graham's Town and Natal and their successors to be subject and subordinate to the see of Cape Town and to the Bishop thereof and his successors, in the same manner as any Bishop of any see within the province of Canterbury was under the authority of the archiepiscopal see of that province and the Archbishop of the same;' and the letters patent contained the following passages:

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And we do further will and ordain that the said Right Rev. Father in God, Robert Gray, Bishop of the said see of Cape Town, and his successors the Bishops thereof for the time being, shall be, and be deemed and taken to be, the Metropolitan Bishop in our Colony of the Cape of Good Hope and its dependencies, and our Island of St. Helena, subject nevertheless to the general superintendence and revision of the Archbishop of Canterbury for the time being, and subordinate to the archiepiscopal see of the province of Canterbury; and we will and ordain that the said Bishops of Graham's Town and Natal respectively shall be suffragan Bishops to the said Bishop of Cape Town and his successors. And we will and grant to the said Bishop of Cape Town and his successors full power and authority, as Metropolitan of the Cape of Good Hope and of the Island of St. Helena, to perform all functions peculiar and appropriate to the office of Metropolitan within the limits of the said sees of Graham's Town and Natal, and to exercise metropolitan jurisdiction over the Bishops of the said sees and their successors, and over all archdeacons, dignitaries, and all other chaplains, ministers, priests, and deacons in holy orders of the United Church of England and Ireland within the limits of the said dioceses. And we do by these presents give and grant unto the said Bishop of Cape Town and his successors full power and authority to visit once in five years, or oftener if occasion shall require, as well the said several Bishops and their successors, as all dignitaries and other chaplains, ministers, priests, and deacons in holy orders of the United Church of England and Ireland resident in the said dioceses, for correcting and supplying the defects of the said Bishops and their successors, with all and all manner of visitorial jurisdiction, power, and coercion. And we do hereby authorize and empower the said Bishop of Cape Town and his successors to inhibit during any such visitation of the said dioceses the exercise of all or of such part or parts of the ordinary jurisdiction of the said Bishops or their successors as to him, the said Bishop of Cape Town, or his successors, shall seem expedient, and during the time of such visitation to exercise by himself or themselves, or his or their commissaries, such powers, functions, and jurisdictions in and over the said dioceses as the Bishops thereof might have exercised if they had not been inhibited from exercising the same. And we do further ordain and declare that if any person

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