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of a letter said to have been written in 1815 by the Vicar-General to the Pope, informing his Holiness of the resignation of the then Vicar, and the election of his successor by the Junta, according to the universal custom, and praying a confirmation of such election and appointment-two letters respecting the vacancy of the office and the appointment of a successor, from the Cardinal Prefect at Rome, to the Nuncio at Madrid-with a Papal Bull, dated 6th May 1817, expressing "that the Elders of the Catholics of those parts had, according to custom, recommended one Isidora Dominique as Vicar-Apostolic," and electing, nominating, and appointing him to the office.

The Plaintiffs' evidence consisted further of a letter from the Appellant addressed to the Elders of the Church, notifying his appointment as Vicar-General and only spiritual pastor of the faithful Catholics in the garrison of Gibraltar. Extracts from the minutes of the proceedings of the Junta on such appointment, and subsequently on the arrival of the Appellant—with various proceedings relative to the assignment of the duties and emoluments of the offices of the Church, with the original articles of convention published in 1815, containing the tariff (arancel) of fees to be received by the Vicar-General and his assistant, and the mode in which the same were to be distributed. The Plaintiffs also examined witnesses to prove the authority of the Junta and their government of the Church at Gibraltar.

The Appellant examined only one witness, the Rev. Thomas Devereaux, a Roman Catholic priest, who, after stating that in England and Ireland there are no lay bodies or committees having or claiming any such rights and powers as those set up by the Respondents,

or any authority whatever to control or interfere with the ecclesiastical dues of the Roman Catholic clergy, said of the demand of the Respondents made against the Appellant, "I think this is in opposition to the spirit of every Catholic Church in every part of the world."

On the 30th of January 1841, the Chief Justice pronounced his decree, declaring that the Respondents were the duly-constituted Elders of the Roman Catholic Church of St. Mary the Crowned, of Gibraltar; and he further declared that the customary right of such Elders to manage and administer the temporalities of the said Church, ought to be established, and he ordered and decreed the same accordingly; and he further ordered that the Appellant should pay to the Respondent, Anthony Porral, as treasurer, the fees already in his hands; and should account for all such as should be received in future, as before set forth; and that the Appellant should put up and place in their former accustomed places within the body of the said Church, the three tables of fees in the Bill mentioned.

The Appellant petitioned the Supreme Court for liberty to appeal against this Decree to Her Majesty in Council; and prayed that in the mean time all proceedings under the same might be suspended. The Supreme Court granted the Appellant liberty to appeal on the terms of his first complying with the Decree in all respects, and entering into sufficient sureties to prosecute his appeal with effect.

The Appellant, declining from conscientious motives, to comply with the conditions upon which the Appeal was granted, was arrested under an attachment for contempt, in not obeying the Decree, and committed

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18th May 1842.†

to the criminal prison of the garrison, until he should clear his contempt.

On the 19th of May 1841, the Appellant presented his petition to Her Majesty in Council, praying for liberty to appeal against the above-mentioned Decree ; that the proceedings against him under the same might in the mean time be stayed; and that he might be released from his imprisonment.

This Petition was heard on the 20th of June 1841, * when their Lordships granted liberty to appeal; but held, that they had no jurisdiction to release the Appellant from his imprisonment for contempt: they recommended such release, however, and the Defendants gave an undertaking for that purpose, to take effect immediately on the arrival of the Order at Gibraltar allowing the Appeal.

An Order in Council, bearing date the 23rd June 1841, was hereupon made by Her Majesty in Council, allowing the Appeal, upon the Appellant entering into sufficient sureties in the sum of £500 to abide by such order as Her Majesty in Council should make in the matter thereof.

Pending the Appeal, and on the 18th of May 1842, the Respondents moved for, and obtained, from the Judicial Committee, liberty to use as evidence, on the hearing of the Appeal, the "Decretum Sacra Congregationis de Propaganda Fide," lodged in the archives of the Church of St. Mary the Crowned, at Gibraltar, and a verified translation thereof, not in evidence in the cause in the Court below.

* Present: Lord Brougham, Mr. Justice Erskine, Sir Herbert Jenner Fust, and the Right Hon. Dr. Lushington.

† Present: Lord Brougham, Lord Campbell, Vice-Chancellor Wigram, and the Right Hon. Dr. Lushington.

This was admitted, upon proof thereof by affidavit, subject however to all just exceptions being taken at the hearing.

The Appellant at the same time obtained leave, on similar terms, to prove a letter addressed to him from the Prefect and Secretary of the Propaganda Fide, Cardinal Fransoni, Archbishop of Edessa.

The following are translations of these two do

cuments:

Decree of the Sacred Congregation for the Propagation of the Faith.

Whereas it hath become known that some abuses have now of late crept into the spiritual government of the Catholics of Gibraltar, not without great detriment as well to the peace as to the ecclesiastical administration, the Sacred Congregation, in order to remove hereafter all cause of disturbance, and to establish right order and discipline; having also heard the counsel of the Elders, hath resolved and decreed that certain rules are to be prescribed, or statutes, thenceforth to be inviolably kept, by which all whom it concerns may be brought back to their duty. Now the rules are these which follow :--

I.

As the Vicar-Apostolic, constituted by the supreme Pontiff, is the ecclesiastical superior of all the Catholics who dwell in Gibraltar, so the others shall owe sub

* As to the admissibility of proof, not in evidence in the Court below, see Jephson v. Riera, 3 Knapp, 130; Meiklejohn v. AttorneyGeneral of Lower Canada, 2 Knapp, 328. The Judicial Committee has power, under the 3rd & 4th Wm. IV., c. 41, s. 7 & 8, to examine witnesses viva voce. See Mellin v. Mellin, 2 Moore P. C. Cases, 493.

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jection to him in spiritual matters. He shall have the parochial care of them, and shall appoint a parochial Vicar, who shall assist him in pastoral duties.

II.

Whereas it is by Divine precept commanded to all who are set over the care of souls, to know his sheepto offer sacrifice for them-to feed them by the preaching of the Divine word, by the administration of sacraments, and by an example of good works-to carry a fatherly care of the poor and other miserable persons, and to bestow diligent attention upon other pastoral duties, so it shall be the duty of the Vicar-Apostolic, and of his Vicar, diligently to fulfil all those things, and studiously to take every care that all spiritual aids be assiduously ministered to the faithful committed to him.

III.

The Vicar-Apostolic, therefore, on every Sunday in the year, and on other Feast Days, shall be bound to celebrate for the people the Mass commanded, and explain in the Spanish language the gospel and those things which are read in the Mass; but if, by any lawful impediment, he be kept from doing so, it shall be sufficient for the parochial Vicar or other fit Priest to discharge this duty at his cost. Yet the VicarApostolic is not bound to preach the sermons in Lent, but he, with the consent of the Elders, shall appoint another approved Priest to preach them in every year.

IV.

Also the Vicar-Apostolic shall, on all Sundays and other Feast Days, celebrate a solemn Mass in the parish church afore-mentioned, at the third canonical hour, according to custom, and Vespers at a conve