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the work, being presented with a silver latter desisted. The psalm selected was trowel for the purpose, was requested to the 35th. new version; the first four vertake upon himself the honour of laying the ses and the eleventh which last verse was first stone, which was accordingly lowered, not usually sung: such psalun having been and, in its bed, covered a glass-case, con- selected for the occasion as one of the taining various coins and medals of the singers confessed, by acknowledging to a reigning Sovereign. When the stone was person who remonstrated with bim that fully adjusted, the Rev. Joseph HODGKIN- it was not by his wish it was sung, and that SON, M.A. Vicar of Leigii, in which parish he was sorry for it. On Sunday the 21st. the town of Tyldesley Banks is situated, the children sung in the morning; in the put op to the God, to whose Worship the afternoon after Mr. Babb had commenced Church, in due time, will be consecrated, reading the prayer for the King, the a most appropriate prayer, which he deli- singers struck out with their instruments, vered in a feeling and impressive manner, and though he continued reading they as he implored the Divine Blessing on the sung; in consequence of which, Mr. Babb pious work which was commenced. The stopt, but not until he had almost finished ceremony was concluded by singing the the prayer. It must be observed, that it National Anthem “ God save the King," has never been the practice to sing in this and by a general acclamation ofHealth Church after the third collect. During and Long Life to King George the Fourth, this time the Church was thrown into conDuke of Lancaster ! which was followed fusion, and several people left it. Mr. Babb by four times four most hearty cheers. on stopping beckoned to one of the church

wardens, who came ap near the reading LAW PROCEEDINGS.

desk, and on Mr. Babb's whispering to Right of Clergymen to controul the him to observe who were singing he fell singing in Church ; and the ring down in a fit, several people came


bim, and carried him out of Church; the ing of Church Bells.

singers continued singing all the time: Case submitted to Dr. Lushington, and some of the persons who went out rehis opinion thereon.

turned, and others did not. On going In consequence of the curate and church. out of Church after the service Mr. Benwardens of the parish of Chardstock, jamin Dening one of the singers was Dorset, (a peculiar in the Church of Saó heard to say, that their singing had thinned lisbury) having refused the bells to the the Church it was too warm before; and ringers on the abandonment of the pains James Dum another singer conversing and penalties bill—the belfry door was the same evening respecting what the forced open for three successive nights, person would now think of the singing, and the ringers rung in defiance, and other we han't done with him yet." On tumultuous proceedings took place in Sunday the 28th before morning service the parish. The Rev. Thomas Babh, Mr. Deane one of the churchwardens the licensed and resident caráte applied

read to the singers then present ; viz. Mr. to a justice of the peace, who on the 20th Beujamin Dening and three others the folNovember last committed the ringers for lowing note from Mr. Babb. “Mr. Babb refusing to find bail, (thongh gratuitously begs Mr. Deaneas churchwarden, to inform offered to them) to the next sessions to the singers that he will not permit the answer for a riot and forcibly breaking service of the Church to be again inter. open the belfry door; and likewise bound rupted by them, and from their extremely over the curate and churchwardens to improper conduct on Sunday last, the 21st prosechte; who preferred a bill which

instant that they will cease to sing in the was ignoramus'd by the grand jury. Some

Parish Church of Chardstock until Mr. of the ringers formed part of the choir, Babb is satisfied that from a conviction the remainder of whom ceased from that of their error no such disgraceful occurperiod to sing. In consequence of which, rences will again occur.” Mr. Babb had the children of the sunday Chardstock, 21st. Jan. 1821. school taught to siug, and they began on Said Mr. 'Benjamin Dening read the the 25th December, and continned with. note first to himself, and afterwards aloud, out interruption till Sunday afternoon Harrison also read it, and James Smith the 14th January last, when the singers, said, they were the first singers and namely Benjamin Deping, and eight would sing. They did not however atothers, including three of the ringers, tempt to sing ; but after the children bad (being the next Sunday after their libera sung a verse, James Smith "rose from his tion from prison) began to sing at the seat, went down from the gallery in a very same time as the children, on which the noisy manner, several boys following bim,

said “


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 as time. Mr. Benjamin Dening asked for a before-mentioned. copy of the note which the churchwarden

Qnery 1st.— Whether the right of conrefused, and Mr. Deniog added that he

trouling the choir and directing of pre. should not consider it as notice, and

venting their singing altogether is not should sing as usual. In the afternoon

vested by law in the officiating minister, after Mr. Babb bad 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 ont, 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 interwhilst Mr. Babb was reading the prayer rupt the service? for the King, for the Royal Family, for

Query 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 wbom of the above persons for singing :of the prayer for all conditions of men :

1st. At a part of the service when it has 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 sermon? 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 what steps in the Ecclesiastical Court in the Parish Church of Chardstock, and I against the ringers, for ringing after havdo hereby give you and each of you fur

ing been refused leave, and having 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 Cúconsent 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, Curate of Chardstock.” him, by one of the riogers. 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 public 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 conform 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 he must act apon his cept James Dening) rose up hastily, 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, nearly 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 liniitations 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 he acts create a noise. After Mr. Babb bad indiscreetly, direct what and how much been preaching about five or six minutes of the psalms, being the allowed versions a great noise being made at the south shall be sung, what tunes 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-house, where he saw said Benjamin use of all instruments except, perhaps, in Dening and upwards of thirty people with the case of an organ erected by faculty, 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 80 joining bebave indecorously, he may be

punished in the ecclesiastical court. I jury. The damages were laid at 10001. Mr. can entertain no doubt that the conduct Adam, in a most eloquent speech, addressed of the persons complained of is a violation the jury, and animadverted on the case be. of the decorum which ought to be ob- ing one of as great oppression and as little served daring divine service: the inter provocation as he ever remembered, and raption 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 Corcourt, 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 substance of the articles, and mured during an inclement season, till the the notice should also be stated, though sessions held on the loth of January folas I have already observed, it may lowing; when, notwithstanding the lapse perhaps be considered as too unlimited a of months, the same vindictive spirit led the prohibition. This however will not affect Rev. defendant to prefer sach bill, withthe success of the suit, which if supported out any reasonable cause. The learned by proper evidence must terminate in a counsel, however, expressed himself bighly sentence against the parties 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 (obe 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, bat and had broken open the belfry door and must be against each separately. The rnng for three successive nights, that they coart of the Church of Salisbary, 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."

tift) oo whose depositions he held that five STEPHEN LUSHINGTON. persons confederating together to do an Doctors' Commons,

unlawful act, and breaking open the belFeb. 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, had 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 Dorchese 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 carate, for a 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 state." Wardens, 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 Chureh, and ringing the bells, without the commenting with his usual felicity on the consent of the minister or churchwardens; contradictory and insufficient evidence of which bill was ignoramus'd by the grand the plaintiff's witnesses, he told the jury REMEMBRANCER, No. 42.

3 С

that he should not-trouble them with calle 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 evidence adduced, the slightest ground for

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

ringers of Charlton, Somerset, having deThe Judge then recapitulated the evi- nied thc right of the Rector, the Rev. Mr. denee; and observed, that in order to Sharpe, to controul 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 followfendant, 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 (thengh 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 errate) is necesnister 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 had : 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 church-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 church-wardens would not thongh the charge of injury was for his justify the ringing, nor would the consent being committed to gaol. The jury ree 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 jadge immediately certified for the special that the ringers are bound to obey him. jury. The cause occupied six hours. And that no person has a right without Connsel for the plaintiff, Mr. Adam, Mr. the cousent of the minister, (whether inWilde, and Mr. Frazer; for the defendant, cumbent or curate) to place flags, garMr, Serjeant Pell, and Mr. Moor. Mr. lands, or any thing else, either in or upon Taunton, of Axminster, attorney for the the church, or in the church-yard.”

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ECCLESIASTICAL PREFERMENTS. The most reverend Lord Joun GEORGE Oxford, has been collated, by the Lord · BERBSFURD, Archbishop of Du in, 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 ChesterBishop of Down and Connor, becomes field, Derbyshire. Archbishop of Cashel.

Jackson, Thomas, to the vicarage of East The rev. WILLIAM BissETT, Archdeacon Cowton, Yorkshire.

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

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

T'isted; Hants ; patron, JAMES SCOTT, Dethick, Thomas, M.A. perpetual curate · Esq. of Rotherfield park.

of Mary's, Bridgnorth, to the living of Palmer, George, M.A. fellon of Jesus Oldbury, Salop; patron, TAE LORD college, Cambridge, to the rectory of CHANCELLOR.

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

lege, Orford, to the perpetual curacies Powell, Howell w, to the rectory of of Llanrhós and Llangwstenin; patron, Heapham, near Gainsborough; patron, THE LORD BISHOP OF St Asapu.

Sir WILLIAM AMCOTTS INGILBY, BART. Gaskin, George, D.D. of Trinity college, of Ripley Castle.



Simons, N. rector of St. Margaret's Can- ter Haynes Bury, fellor of St. John's

terbury, to the rectory of Ickham; pa- college. tron, THE ARCHBISHOP OF CANTER- BACHELORS OF ARTS.-Jobn Manuel

Echalaz, scholar of Trinity college ; Thomas, John, M.A. of Trinity college, Edward Denison, Oriel college ; Samuel

Cambridge, and chaplain to his Royal Richard Bosanquet, Christ church; Luke Highness the Duke of Sussex, to the Fowler, Christ church; John Campbell, vicarage of Great Burstead, Esser; pa- Baliol college ; William Fowle, Univertron, the Rev. EDWARD Evans, of sity college ; James Davis, 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, fellor Esq. of Swakely, Middlesex.

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

St. Peter's college, Cambridge, to the BACHELORS OF ARTS-Hon. Charlos : rectory of Wilneshan, Suffolk; patrons, Finch,

Merton college, grand compoun. THE MASTER AND Fellows of that So- der; William S. Gillett, Exeter college ; ciety.

Gilbert Gilbert, Wadham college ; Haynos 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. Fýnes Clinton, Oriel college; Wynd

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

cott, Baliol college ; Rees Howell, scho Vaur, 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 Ostreterbury, in the room of the rev. Charles han, Worcester college ; Richard GresLloyd, D.D. regius professor of divi- well, scholar of Worcester college. rity.

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 the Molyneux, Trinity college ; Richard university statutos. Coff, Christ Church

May 8-Messrs. Thompson, Birtwhis, BACHELORS 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, exhibiti, compounder; Thomas Wottop Barlow, oners on Lord Crowe's foundation. Wadham college ; Henry A. S. Atwood,

Mr. Leacb, Mr. James, and Mr. Titley, Queen's college ; Robert, John Hatchman, of Jesus college, bave been elected scho. St. Edmund hall; Charles Henry Tho. lars of that Society. maz Baumgarten, Magdalen hall; Ni

May 9.--Mr. Charles Palairet and Mr. cholas Toke, Trinily 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. 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 ; John Alington, demy of Magdalen Newcombe Gresley, Mr. J. Ley, and Mr. college ; John Birch Webb, Brasenose Thomas Partington. college ; Francis

Jackson Blandy, fellow UNIVERSITY OF CAMBRIDGE. of St. John's college.

Degrees conferred May 4.
May 9.


- Charles Porter, MASTERS OF ARTg.-John D'Arcy Pres. Caius college. ton, Merton college ; Richard Derby BACHELORS OF ARTS. - W. Russell, Ness, Lincoln college ; George Mus- Caius college ; E. Jenkips, Trinity cole grave Musgrave, Brasenose college ; Wal- lege ; F. R. Crowder, Trinity college

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