The Court of Faculties sat, for the first time for
more than a cen- tury, on Wednesday, to decide upon the claim of the Prince of Capua for a licence to marry Miss Penelope Smyth, according to the rites of the Church of England. The application was opposed by Count Ludolf, the Neopolitan Minister, on behalf of the King of Naples ; on the ground that marriages of the Royal Family of Naples, un- authorized by the King, were illegal. On the part of the Prince it was contended, that he was of full age ; that Miss Penelope Smyth,
spinster, was also of ; that the parties had resided the full term of fifteen days in the parish of St. George, Hanover Square ; and that the Court always granted licences as a matter of course. Dr. Nichol], the Judge, intimated, that if lie were not compelled by the law and usages of his Court to grant the licence, he should refuse it ; but that he would take time to consider his decision.
On Thursday, Dr. Nicholl decided that he had power to withhold the Licence; and as the representative of a Foreign Prince had come into court and stated serious objections to its being granted in the present instance, he felt bound to exercise the discretion he possessed, and re- fused it accordingly.
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