attendance of the other parishioners at divine worship, ought not to be excluded." Note. We are anxious to avail ourselves of this opportunity to say that the statement contained in the Number for March last, p. 183, respecting a bed of gravel, is incorrect. The gravel in question is not in a glebe, but in copyhold land, of which the Bishop of Rochester is lord: and the Bishop, could the consent of the lessce have been obtained, did not intend to have completed the sale without the sanction of Parliament. We regret much having been led into an error in this matter; but we cannot accuse ourselves of carelessness, for our informant was certainly worthy of credit. We have now only to request that our readers will write against the statement to which we have alluded, "This is incorrect." LAW COMMUNICATION. We have received some questions from "A Constant Reader," which we presume are intended to be read thus: 1st. Is it lawful for a man to marry his deceased wife's sister? 2dly. Should it so happen that the party procure marriage (after refusal in their own parish church) by some neighbouring Clergyman, per ignorantiam, will the children in this case (provided there are any by such marriage) be legitimate or illegitimate? And, 3dly, how are the entries in the Register Book of Baptisms to be made? Our answers to these questions are as follow: 1. By the Ecclesiastical Law, it is forbidden to a man to marry his wife's sister. The Table of Kindred and Affinity, which is inserted in most of our Books of Common- Prayer, expressly lays down this prohibition. The table referred to was drawn up by Archbishop Parker, and put forth by authority in 1563. It is, therefore, of general obligation, and has been acted upon by our Spiritual Courts in numerous instances. 2. If, however, a marriage be actually solemnized between parties so VOL. X. NO. XI. canonically prohibited (as such a marriage is not actually void, but only subject to be so declared by the decree of the Spiritual Court), while it remains unannulled, it must be regarded as legal, and as drawing with it all legal consequences, both to the parties and their issue. The Common Law, by which we mean the law commonly administered in our temporal courts of justice, regards marriage merely in the light of a civil contract; and leaves to the Spiritual Court the consideration of all points of spiritual concern. During, therefore, the continuance of the marriage, and until a decree of nullity be pronounced by the Spiritual Court, the parties themselves, and all claiming under them, are entitled to all the benefits, and rendered liable to all the responsibilities, which the law attaches to a legal union; and they have power to sue, and are liable to be sued, in all courts of justice, in respect either of such rights or duties, without any inquiry being made or discussion entertained upon the strict legality of their marriage. A sentence of nullity, pronounced by the Ecclesiastical Court, is the only argument to which a court of law will listen. But even the powers which the Spiritual Courts thus possess are not permitted to be exercised upon all occasions and under all circumstances. The Common Law, for reasons which are intended to promote the peace and convenience of society, puts a check upon general enforcement of this sweeping interdict of the Ecclesiastical Law, by forbidding any proceedings to be taken, after the death of either of the parties, which have for their object the avoiding of the marriage. By means of this salutary interposition, the interests of the unoffending issue are protected, and the offending survivor is still left subject to punishment for the spiritual offence. 3. The entries in the Parish Registers of the baptisms of the children of such a marriage, must, we apprehend, be made in the usual way: and the marriage of the parties must, for all purposes, and by all persons, and upon all occasions, be regarded as legal, until a sentence of nullity has been regularly pronounced by the Spiritual Court. 4 z MONTHLY REPORT. CODRINGTON COLLEGE, BARBADOS. THE Society for propagating the Gospel in Foreign Parts has just published a very interesting Report relating to the affairs of this College. The Report consists of Extracts from the Annual Reports of the Society, commencing at the foundation of the Institution in the year 1709, and continued down to the present time; and by it is given a detailed account of the original endowment of the Collegeof the measures which have from time to time been adopted by the Society, in furtherance of the pious intentions of the founder-and of the success with which those measures have been attended. With the assurance that the history of every institution which has for its object the dissemination of religious instruction, and the amelioration of our species, will be read with interest by our readers, we present them with a statement of the leading circumstances connected with the foundation and management of this truly Christian establishment, as abstracted from the above Report. In the year 1709 the Society received the news of General Codrington's death, together with a copy of his last Will and Testament, made in February, 1702-3, not very long after their establishment, (though never revealed to any body till after the decease of the said General,) by which will, besides several other noble and excellent charities, he "gives and bequeaths his two Plantations in the Island of Barbados, and part of the Island of Barbuda, to the Society for the Propagation of the Christian Religion in Foreign Parts, erected and established by his late good master King William the Third: and desires that the Plantation should continue entire, and three hundred Negroes at least always kept thereon; and a convenient number of Professors and Scholars maintained there, who are to be obliged to study and practise physic and chirurgery, as well as divinity, that by the apparent usefulness of the former to all mankind, they may both endear themselves to the people, and have the better opportunities of doing good to men's souls, whilst they are taking care of their bodies; but the particulars of the constitution he leaves to the Society, composed of wise and good men." The Plantations have been computed to amount to upwards of 20001. per annum, clear of all charges. Unfortunately the Society became involved in disputes with the executor of the testator, and legal proceedings were necessarily resorted to, for a settlement of the respective claims, so that it was impossible immediately to proceed to carry into effect the pious intentions of the founder. In the year 1712, however, as there was a prospect of funds being received which would be applicable to the purposes of the charity, the Society proceeded to appoint a chaplain and catechist; under which denominations, besides the ordinary duties of a missionary, he was to instruct in the Christian religion the negroes and their children, within the Society's plantation in Barbados, and to superintend the sick and maimed negroes and servants. This step was taken as being the most effectual which the Society could take with the means they then possessed; but in their Report for this year, 1712, they express themselves determined, "God willing, to proceed with application to answer that noble design of the Founder, in preparing a College for the Mission, the particulars whereof are left to them, in confidence they will acquit themselves under the character he has been pleased to give them, in his last testament, of wise and good men." Their prospects this year also were brightened by a satisfactory arrangement of some of the principal matters in litigation with the representatives of the testator, and by being put into possession of the two plantations in Barbados. In the year 1716, the Society were enabled to come to a resolution to begin to lay the foundation of Codrington College, without any further delay, having judged the fund they had in hand, with what would annually arise from their estate there, It sufficient to support that great undertaking; and accordingly in this year preparations were made for the commencement of the building. Various circumstances, however, combined to delay, for several years, the completion of a building which should be adequate to afford the accommodation necessary to effectuate the munificent intentions of the founder; but although it is with regret that we observe the difficulties which the Society had to encounter in providing funds sufficient for carrying on their work, yet it is with great gratification we read the accounts of the assistance which was afforded them by our government, in directing the ships on the station to be employed in carrying timber, and other necessaries for building, from the neighbouring islands; and also by private individuals in donations of money, books, and other articles useful to the institution. was not till the year 1742 that the building was completed; at which time the Society proceeded to settle the College by the appointment of the Rev. Thos. Rotheram, A. M. of Queen's College, Oxford, to be schoolmaster, and of the Rev. M. Jos. Bensham, A.B. to be usher and catechist in the said College, to teach gratis twenty children, the sons of such persons as should not be judged in sufficient circumstances to bring them up in learning the learned languages; and, in the words of the Report for that year, "the said children are to be maintained in diet, washing, and lodging, at the expense of the Society, which find it absolutely necessary to open the College thus,that in time there may be Scholars therein properly qualified to receive the instructions of the Professors hereafter to be chosen, who are to teach the Scholars Divinity, Physic, and Chirurgery, that they may become good and useful Missionaries, and be of service both to the bodies and souls of men, pursuant to the directions of General Codrington, the worthy Founder's Will." We may observe with satisfaction, that notwithstanding the lamented delays which thus took place in the completion of the College, arising chiefly from the fluctuations in the amount of the funds which the Society received from the estates, they were enabled to employ, during the whole period which had elapsed from the death of the founder, two catechists for the particular instruction of the negroes: and the labours of these zealous missionaries were not confined to spreading a knowledge of religion among such negroes only as were on the plantations of the Society, but were extended to some others of the West Indian islands, and the State of New York. The Reports of the Society bear witness, from time to time, to the happy fruits of the ministry of these catechists, and we regret that we can only refer our readers to the Report itself for the particulars of them, but want of room prevents our doing more. From the settlement of the College in the year 1742 down to the year 1780, the establishment continued to flourish under the care of the able teachers provided for its superintendance, and the influence of the general regulations directed by the Society for its government. During this period the Reports of the Society furnish, from year to year, the most satisfactory proofs, both by the numbers and attainments of the scholars, of the eminent usefulness of the establishment. However, in the year 1780, the Society were informed, that the plantation had been visited with a dreadful hurricane, which had destroyed the crops, and done great damage to the College and all the buildings upon the estate. The injury occasioned by this unforeseen accident, both in the destruction of the canes and the buildings upon the estate, as well as in the College itself, was so great that the whole establishment was obliged to be broken up; and the plantations, not yielding the expenses of cultivation, were only prevented from being lost by the Society agreeing to advance, out of their general fund, such sums as were necessary to pay off the charges to which the estates had become liable. In the year 1786, there being a reasonable prospect that these debts would be discharged, a catechist to the negroes was appointed. In the year 1788 success had so far attended the endeavours of the Society at retrenchment, that they were enabled to authorise the catechist to re-open the school with six boys on the foundation. And in the year 1790 it was reported |