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most of whom again returned, but' he one of the singers was observed making walked out of Church and remained in the signals whilst the children were singing to church-yard till the service was over. A persons to leave the Church, and several few people left the Church at the same apparently obeyed them by going out a time. Mr. Benjamin Dening asked for a before-mentioned, copy of the note which the church warden Query 1st.-Whether the right of conrefused, and Mr. Dening added that he

trouling the choir and directing or preshould not consider it as notice, and veuting their singing altogether is not should sing as usual. In the afternoon vested by law in the officiating minister, after Mr. Babblad commenced the and whether in the present case the choir prayer for the King the instruments struck having ceased to sing and a new choir out, and James Smith gave ont an anthem being formed by the minister the old and then continued singing and playing choir had any right to resume and inter: whilst Mr. Babb was reading the prayer rupt the service? for the King, for the Royal Family, for Q uery 2d. --Whether any and what the Clergy and People, for the High steps may be successfully taken, against Court of Parliament, and the greater part whom of the above persons for singing ;of the prayer for all conditions of men : 1st. At a part of the service when it bas several of the congregation quitted the

not been usual for the choir to sing, and Church, and before the sermon they sung thereby interrupting the service. , 2ndly. again.

In singing after the notice read to them; On Saturday the 3rd February, the and 3dly. In leaving the Church in the following notice was served personally on

manner stated before the sermop? the singers nine in number. “I hereby

You are also desired to advise on the give you and each of you notice not to

propriety and expediency of taking any play on any musical instrument whatever

and whát steps in the Ecclesiastical Court in the Parish Church of Chardstock, and I

against the ringers, for ringing after hav. do hereby give you and each of you fur

ing been refused leave, and baving been ther notice not to sing any part of the

proceeded against in the temporal Court, services, hymn, anthem or psalm in the

in the manner above stated, as an indictsaid Parish Church, without my previous

ment has been preferred against the Cu. consent in writing first obtained for that

rate for an assault, in trying to catch a purpose. Witness my hand this 3rd, day

man escaping from the belfry-and an acof February, 1821.

tion for false imprisonment brought against Thomas Babb, Carate of Chardstock.” him, by one of the ringers. . On Sunday morning the 4th. the chil. “It is especially the duty of the minister dren were allowed to sing without inter to take care that every part of pablic ruption. In the afternoon Benjamin De- worship be properly and decorously perning, and six other singers, and some formed; and in order to effect this be strangers were in the singing gallery, and must conforın to the law, when it gives as soon as the children began to sing (after him directions sufficiently specific, and the prayers were concluded,) they all (ex. when it does not be must act upon his cept James Dening) rose up bastily, and own discretion subject to responsibility to noisily lifting up the seats on which they the ordinary. I think it clearly follows sat, went down from the gallery and from this general and undoubted princiwalked out of the Church, Dearly one ple that the control and direction of all third of the congregation followed. Du- singing in the Church must belong to him ring the sermon, gravel, &c. was thrown under limitations I will presently advert against the chancel window, and stones to. He may in my opinion being always drawn against the wall of the Church to responsible to the ordinary in case be acts create a noise. After Mr. Babb had indiscreetly, direct wbat and how much been preaching about five or six mioutes of tbe psalms, being the allowed versions a great noise being made at the south shall be sung, what tanes shall be used, door, Mr. Deane the churchwarden went and at what times they shall be sung, not out of Church, and saw some boys running contravening the directions of the Book away, from whence he proceeded to the of Common Prayer : he may prevent the ale-bouse, where he saw said Benjamin use of all instruments except, perhaps, in Deping and opwards of thirty people with the case of an organ erected by facolty, liquor and pipes, and on Mr. Deane's but I do not think that the minister can saying, “ This is bad doings gentlemen," lawfully prohibit any parishioner from some one replied, the service was over joining in the singing: if any parishioner when they left the Church; James Dening 60 joining behave indecorously, be may be

punished in the ecclesiastical court. I jary. The damages were laid at 10001. Mr. can entertain no doubt that the conduct Adam, in a most eloquent speech, addressed of the persous complained of is a violation the juty, and animadverted on the case beof the decorum which ought to be ob- ing one of as great oppression and as little served during divine service: the inter- provocation as he ever remembered, and ruption of the minister and the quitting dwelt on the aggravated conduct of the the Church in a tumultuous manner are defendant in having caused the commitoffences punishable in the ecclesiastical ment of his client to the House of Cor coart, and they may be proceeded against rection at Dorchester, on the 20th of Noby articles. The singing at an impro. vember last, by a false representation to per time, in an improper manner, will the magistrate; where he had been imform the snbstance of the articles, and mured during an inclement season, till the the notice should also be stated, though sessions held on the Toth of January fol. as I have already observed, it may lowing; when, notwithstanding the lapse perhaps be considered as too unlimited a of months, the same viodictive spirit led the prohibition. This however will not affect Rev. defendant to prefer such bill, withthe success of the suit, which if supported ont any reasonable cause. The learned by proper evidence inust terminate in a counsel, however, expressed himself highly sentence against the partie proceeded grateful for a special jury, from which his against.

client might expect ample justice and li“ With respect to the ringing the bells in beral compensation for the injury he had the manner stated, this is an ecclesiastical sustained. offence, and may also be punished by the Mr. Wilde (one of the counsel of her same court. I do not think the proceed. Majesty in the House of Lords) proceeded ings in the temporal court can, in any de- to examine the witnesses, who not only gree, affect the jurisdiction in the eccle failed to establish any malice on the part siastical court. It appears to me that the of the defendant, but distinctly proved, prosecution may now be carried on against that it was not till after the plaintiff and the ringers, if it be deemed expedient to his associates had been refused leave to do so. The proceedings may include the ring, by defendant and the churchwarden, whole conduct of those individuals, but and had broken open the belfry door and must be against each separately. The rung for three successive nights, that they court of the Church of Salisbury, is the applied to Wm. Tucker, Esq. a magisproper jurisdiction, and care must be trate, who examined two persons, (one of taken that the citation be correct, and whom was called as a witness for the plainthe articles agree with it."

tiff) on whose depositions be held that five STEPHEN LUSHINGTON. persons confederating together to do an Doctors' Commons,

unlawful act, and breaking open the bel.' Feb. 14th, 1821.

fry door, amounted to a riot in law, and

told the parties they must find bail to anReport of a Trial at Dorchester, swer the offence. This they refused to on Saturday, 17th March. 1821. do ; when the Rev. defendant solicited

the constable to bail them, whose bail the Deem, v. Thomas Babb Clerk..

plaintiff and others refused to accept; deThis cause,which from its public nature and claring they would not be bailed, but importance, bad long excited very consi.. would go to gaol, which they persisted in, derable interest in the county, came on for in spite of the urgent and ineffectual retrial before Mr. Justice Holroyd, and a monstrances of the magistrate and de. full special jury, on Saturday, at Dorches- fendant. Several other witnesses were ter. The plaintiff, who is a cordwainer, examined, with a view of proving that no living atChardstock, in this county, brought actual riot took place. this action against the defendant, the re- Mr. Serjeant Pell, the leading counsel sident curate, for à malicious prosecution, for the defendant, very ably and satisfacin having falsely, maliciously, and without torily exposed the total failure of the plainany reasonable cause, with his church. tiff's witnesses to substantiate the statewardeas, preferred a bill of indictment ment made by Mr. Adam, on the allegations against the plaintiff and four others, ringers in the declaration, namely, malice, exof the said parish, at the last Dorsetshire pressed or implied, arising from want of sessions, for a riot, and forcibly breaking probable cause, and which was absolutely and entering the belfry of the parish necessary to support this action; and after Church, and ringing the bells, without the commenting with his usual felicity on the consent of the minister or churchwärdens; contradictory and insufficient evidence of which bill was ignoramus'a by the grand the plaintiff's witnesses, he told the jury REMEMBRANCER, No. 42.

3 С

that he should not trouble them with call. plaintiff: and Mr. Tucker, of Chard, for ing his witnesses, as he felt most confident the defendant. in having a verdict for the defendant, against whom there was not, in the evi. dence adduced, the slightest ground for

One of the church-wardens and the sustaining the present action.

ringers of Charlton, Somerset, having de · The Judge then recapitulated the evi

nied ihe right of the Rector, the Rev. Mr. dence; and observed, that in order to

Sharpe, to controal the ringing of the support this action, it was necessary to

church bells, the latter consulted Dr. establish malice on the part of the de

Lushington on the subject; and the follow. fendant, who was not answerable, even if

ing (extracted from the Bath Chronicle of the magistrate had drawn a wrong con

the 4th January, 1821) is the substance of clusion from the facts stated; and that in

the Doctor's opinion on the question put point of law (though it might have been to him by the Rector. usual to ring without leave) yet the power ." That the consent of the minister of refusing the ringers resided in the 'mi (whether incumbent or curate) is neces. nister and church-wardens; and that the sary to authorize the ringing of bells in the ringers were wrong doers, in being in the church, and that the consent of either or belfry without leave, whether the door had both church-wardens, without the minisbeen broken open or not:--and that the ter's consent, is not sufficient. That the conclusion drawn by the magistrate was, minister's consent to the ringing of the that the offence was a riot, and all the bells, must always be bad: if the two evidence supported it; and that no malice church-wardens differ, the consent of the appeared to have actuated the defendant, minister and one charch-warden is suffiwho had applied to the constable to bail cient; but the consent of the minister the plaintiff, which the latter refused, al- against both charch-wardens would not thought the charge of injury was for his justify the ringing, not would the consent being committed to gaol. The jury re. of both church-wardens against the miniturned a verdict for the defendant -to the ster authorize it. That the minister has satisfaction of a crouded court; and the authority to limit the time of ringing, and judge immediately certified for the special that the ringers are bound to obey him. jury, The canse occupied six hours. Aud that no person has a right without Counsel for the plaintiff, Mr. Adam, Mr. the consent of the minister, (whether inWilde, and Mr. Frazer; for the defendant, cambent or curate) to place flags, garMr, Serjeant Pell, and Mr. Moor. Mr. lands, or any thing else, either in or upon · Taunton, of Axwinster, attorney for the the church, or in the church-yard."

ECCLESIASTICAL PREFERMENTS.

Tho most reverend Lord John GEORGE Oxford, has becn collated, by the Lord

BERĖSFORD, Archbishop of Dublin, is Bishop of Ely, to a prebend or canonry · advanced to the Primacy.

in the Cathedral Church of Ely, on the The right rev. WILLIAM MAGEE, Bishop of " nomination of the Archbishop of Can

Raphoe, to the Archbishopric of Dublin. · terbury.. The right rev. NATHANIEL ALEXANDER, Hill, Thomas, to the vicarage of Chester. . Bishop of Down and Connor, becomes field, Derbyshire. Archbishop of Cashel.

Jackson, Thomas, to the vicarage of East The rev. WILLIAM BISSETT, Archdeacon Corton, Yorkshire.

of Ross, is to be Bisbop of Down and Lee, Mr. M.A. of Queen's college, CamConnor.

bridge, to be chaplain of Cambridge Gaol. Crespigny, H. Champion de, to the vicar. Leggett, John, to the rectory of East age of Nealishead, Norfolk.

Tisted, Hants ; patron, JAMES Scott, Dethick, Thomas, M. A. perpetual curate E sq. of Rotherfield park.

of Mary's, Bridgmorth, to the living of Palmer, George, MA. fellow of Jesus

Oldbury, Salop; patron, The LORD college, Cambridge, to the rectory of · CHANCELLOR.

Harlston, Cambridgeshire; patrons, THE Edwards, Thomas Wynne, of Jesus cola MASTER AND FELLOWs of that Society.

lege, Oxford, to the perpetual curacies Powell, Howell W. to the rectory of . of Llanrhos and Llanywstenin ; patron, Heapham, near Gainsborough; patron, • THE LORD BISHOP OF St. Asapi.

SIR WILLIAM AMCOTTS INGILBY, BARD. Gaskin, George, D.D. of Trinity college, of Riplcy Castle.

nity.

Förons, N. rector of St. Margaret's Can- ter Haynes Bury, fellow of St. John's

terbury, to the rectory of Ickham; pa- college. tron, THE ARCUBISHOP OF CANTER BACHELORS OF ARTS. John Manuel BUKY.

Echalaz, scholar of Trinity college ; Thomas, John, M.A. of Trinity college, Edward' Deoison, Oriel college ; Samuel Cambridge, and chaplain to his Royal Richard Bosanquet, Christ church; Luke Highness the Duke of Sussex, to ibe Fowler, Christ church; John Campbell, vicarage of Great Burstead, Esser; pa. Baliol college; William Fowle, Univers tron, the Rev. EDWARD Evans, of sity college; James Dayis, scholar of Eriswell, Suffolk. .

University college; William Buller, schoTunney, R. w, late of Ipswich, from the lar of Worcester college. half-pay, to be chaplain to the Forces.

May 15. Upjohn, William, to the vicarage of Byn · Masters of Arts.-Thomas Marker, ham, Norfolk; patron, T. T. CLARKE, Ereter college ; Robert Gordon, fellone Esq. of Swakély, Middlesek.

of New college ; James Acland Tomplar, Whaley, J. G. M.A. fellow and tutor of Merton college.

St. Peter's college, Cambridge, to the BACHELORS OF Arts-Hon. Charles rectory of Wilnesham, Suffolk; patrons, Finch, Merton college, grand compouna TRE MASTER AND FELLOWS of that so der; William S. Gillett, Exeter college ; ciety.

Gilbert Gilbert, Wadham college ; Haynes Whitelock, W. Spencer, chaplain to the Gibbs, exhibitioner of Lincoln college ; Military Asylum, Southampton, to the George Alexander Hamilton, Trinity

living of Gedney, Lincolnshire.' college ; Samuel Jay, Oriel college ; Chas. Whitfield, W. H. B.D. fellow of St. John's J. Fynes Clinton, Oriel college ; Wynd.

college, Cambridge, to the rectory of ham Jeane Godden, Oricl college ; Chas. Lanford, Essex; patrons, THE MASTER Ross, Christ Church ; Thomas Sweet Es. AND FELLOWS OF THAT SOCIETY

cott, Baliol college ; Rees Howell, schoVaux, William, M.A. late fellow of Bal lar of Jesus college; Owen Jenkins, scho. liol college, Oxford, to be chaplain to lar of Jesus college ; John Hawley, St. his Grace the Lord Archbishop of Can. John's college ; Joseph Duncan Ostroterbury, in the room of the rey. Charles han, Worcester college;. Richard GresLloyd, D.D. regius professor of divi. well, scholar of Worcester college. , ,

· The Petrean Fellowship now vacant

at Exeter college, is open to natives UNIVERSITY OF OXFORD. of the following counties, viz.-Oxford,

Degrees conferred May 2. Devon, Somerset, Dorset, Essex, Norfolk, ** DOCTOR IN. CIVIL LAW.-The venera.

and Suffolk. The election will take place ble Charles Daubeny.

on the 30th of June. Candidates are . .

required to produce certificates of their MASTERS OF ARTS.-Frederic Gam- birth on or before the 15th of June, and bier, fellow of All Souls college ; William must have been created senior sophists, Charlton, Magdalen hall; George More according to the forms prescribed by tho Molyneux, Trinity college ; Richard university statutos. Coff, Christ Church.

May 8.-Messrs. Thompson, Birtwhis. BacueLORS OF ARTS.-John Dickin. tle, H. R. Harrison, and Brackenbury, son, Trinity college, grand compounder; were elected scholars of Lincoln college ; Elbro' Woodcock, Oriel college, grand and Messrs. Ness and Latimer, exhibiticompounder ; Thomas Wotton Barlow, oners on Lord Crewe's foundation, Wadham college ; Henry A. S. Atwood, Mr. Leach, Mr. James, and Mr. Titley, Queen's college'; Robert John Hatchman, of Jesus college, have been elected scho. St. Edmund hall; Charles Henry Tho. lars of that Society. . mas Baumgarten, Magdalen hall; Ni.

May 9.--Mr. Charles Palairet and Mr. cholas Toke, Trinity college ; George

Henry James Buckoll, were elected exhiWoodcock, Trinity college ; Charles Ste

bitioners of Queen's college, on the Michel phen Hassels, Trinity college ; Brook

foundation.

foundation. William Bridges, Oriel college ; Thomas

May 14.-The following gentlemen of Pryce Lloyd, Christ church; Charles Pitt,

Westminster school were elected students Christ church; William Ives, Baliol col

of Christ Church :-Mr. William Smythe, lege; William Hest Everard, Baliol col-.

Mr. Nassau Hume Dodgson, Mr. Richard lege; Jobn Alington, demy of Magdalen Newcombe Gresley, Mr. J. Ley, and Mr. college ; Jobn Birch Webb, Braserose Thomas Partington. college ; Francis Jackson Blandy, fellow UNIVERSITY OF CAMBRIDGE. of St. John's college.

Degrees conferred May 4.
May 9.

MASTER OF ARTS. - Charles Porter, MASTERA OY ARTS.-Jobn D'Arcy Pres. Caius college. ton, Merton college ; Richard Derby BACHELORS OF ARTS. - W. Russell, Ness, Lincoln college ; George Mus- Caius college ; E. Jenkins, Trinity cola grave Musgrave, Brasenose college ; Wal- lege ; F. R, Crowder, Trinity college

May 8.

daughter of William Stevens, esq. of PedBACHELOR IN PaysIC.-C.J.R. Allatt, worth. Trinity College.

Married. The rev. Edward Burges, BACHELORS OF ARTS.-B. Bowles, Je- of South Moreton, to Ann, daughter of sus college ; P. Hewett, St. Johncoh Mr. G. R. Ward, of Brutan, Somerset.. lege ; N. Walters, Trinity college.

Married. At Clewer, the rev. C. F. May 15.

Watkins, curate of New Windsor, to Miss
BACHELORS OF ARTS.-L. Buller, and Hofileman, of that place.
J. C. Evans of King's college.

BUCKS.
May 22.

Married. The rev. Charles Drage, of MASTERS OF ARTS.-J. J. Pemberton, Doronham, Cambridgeshire, to Elizabeth, Trinity college ; W. Bradney, Trinity eldest daughter of the rev. Z. Brooke, college; W. Brougham, Jesus college.

Monks Risborough.
BACHELOR OF ARTS.-S. G. Fairtrough,
Christ college,

CAMBRIDGE.
April 28. - Mr. C. H. Maturin, of

Married. The rev. J, Standly, M.A, King's college was admitted fellow of that

Fellow of Caius college, Cambridge, to Casociety.

roline Frances, third daughter of W.O. May 15.-At a congregation this day Brigstocke, esq. of Blaenpont, Cardigan

shire. a grace passed the senate to continue the Professorship of Mineralogy held by

CHESTER.

Married. — The rev. Richard Henry the late rev. Dr. E. D. Clarke. On the same day J. Watson, Esq. M.A.

Gretton, M.A. rector of Nantwich, and

G Fellow of St. John's college, was admitted

itted second son of the late Dean of Hereford, Licentiatc in Physic.

to Frances, fifth daughter of the late May 16.-A. Allivant, esq. B.A. of Trio

BA of Tris John Bennion, esq. of Charlton. nity college, was elected Hebrew Scholar

CUMBERLAND. on Mr. Tyrwhitt's foundation.

Died.--At Belle Isle, near Kerbleside,

on his way to Cheltenham, the rev. Wil. . ORDINATIONS.

liam Curwen, of Harrington, second son April 28.

of J.C. Curwen, esq. M.P. The Lord Bishop of Bristol, in tho

DEVON, Chapel of Christ College, ordained the Married.-By the rev. G. Ware, B.A. following gentlemen,

the rev. Stephen Middleton, of Trinity · PRIESTS.-Edward J. Ash, B.A. Christ college, Cambridge, to Mary, only daugh college, Cambridge ; J. Cantis, B.A. Christ ter of John Ware, esq. of Tiverton. college, Cambridge; H. R. Fowler, B.A. Married. At Halberton, the rer. J, Ereter college, Oxford ; R. Jeffreys, M.A. St. John's college, Cambridge ; with Elizabeth, second daughter of the late Let. Dim. from the Bishop of Ely, J. Henry Manley, esq. of Manley, near Ti. B. Atkinson, B.A. Sydney college, Cam verton. bridge; with Let. Dim. from Bishop

DORSETSHIRE. of Chester. G. E. W. Morris, with Let. Married. The rev. W. A. Trim, M.A, Dim. from Bishop of Nova Scotia. of Yetminster, to Mrs. Bullock, widow " DEACONS.—Thomas Baker, B.A. Christ of the late George Bullock, esq. of East college, Cambridge, G. Stone, B.A. Sid. Coker, Somerset. . ney college, Cambridge, with Let. Dim.

DURHAM. from Bishop of Chichester."

· Married.-The rev. James Blackburn, • W. Clarke, B.A. Magdalen hall, 0.ze late Fellow of Trinity college, Cambridge, ford, E. R. Mantell, B.A. Emanuel col

vicar of Gainford, Durham, and rector lege, Cambridge ;'with Let. Dim. from

of Romaldkirk, Yorkshire, to Jane, wi Bishop of Sarum. ***

dow of the Martin Dunn, esq. Newton Smart, B.A. University college, Oxford, with Let. Dim. from the Bi.

ESSEX. shop of Durham.

Died.--Latoly at his house in Barking,

the rev. Charles Wakebam, A.M. for. MISCELLANEOUS INTELLIGENCE. merly of Christ college, Cambridge, rector * BEDFORDSHIRE.

of Wickemby, and a prebendary of Lich: Married.--The rev. Edward Orlebar

- field and Coventry; eldest son of the rev. Smith, rector of Holceet and Salford, to

Nicholas Wakeham, D.D. late rector and Julia, daughter of the late rey. Thomas

dean of Bocking.
a

" Willis, of Bletchley, Bucks, and sister of

'Remarkable in early days and in his

maturer years, for native goodness of John Fleming, esq. M.P. for Hampshire.

heart and sincerity of manners; a cheer. BERKS.

ful friend, a kind master, and a liberal Married. --The rev. T. Upwood, only contributor to the comforts of polished son of Thomas Upwood, esq. of Terring. society, and to the welfare of the poor. ton St. Clement, Norfolk, to Janc, fifth . The desponding tears of his amiable

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