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the work, being presented with a silver trowel for the purpose, was requested to take upon himself the honour of laying the first stone, which was accordingly lowered, and, in its bed, covered a glass-case, containing various coins and medals of the reigning Sovereign. When the stone was fully adjusted, the Rev. JOSEPH HODGKINSON, M.A. Vicar of Leigh, in which parish the town of Tyldesley Banks is situated, put up to the God, to whose Worship the Church, in due time, will be consecrated, a most appropriate prayer, which he delivered in a feeling and impressive manner, as he implored the Divine Blessing on the pious work which was commenced. The ceremony was concluded by singing the National Anthem "God save the King," and by a general acclamation of "Health and Long Life to King George the Fourth, Duke of Lancaster!" which was followed by four times four most hearty cheers,

LAW PROCEEDINGS. Right of Clergymen to controul the singing in Church ; and the ringing of Church Bells.

Case submitted to Dr. Lushington, and his opinion thereon.

In consequence of the curate and church. wardens of the parish of Chardstock, Dorset, (a peculiar in the Church of Salisbury) having refused the bells to the ringers on the abandonment of the pains and penalties bill-the belfry door was forced open for three successive nights, and the ringers rung in defiance, and other tumultuous proceedings took place in the parish. The Rev. Thomas Babb, the licensed and resident curate applied to a justice of the peace, who on the 20th November last committed the ringers for refusing to find bail, (though gratuitously offered to them) to the next sessions to answer for a riot and forcibly breaking open the belfry door; and likewise bound over the curate and churchwardens to prosecute; who preferred a bill which was ignoramus'd by the grand jury. Some of the ringers formed part of the choir, the remainder of whom ceased from that period to sing. In consequence of which, Mr. Babb had the children of the sunday school taught to sing, and they began on the 25th December, and continued without interruption till Sunday afternoon the 14th January last, when the singers, namely Benjamin Dening, and eight others, including three of the ringers, (being the next Sunday after their liberation from prison) began to sing at the same time as the children, on which the

latter desisted. The psalm selected was the 35th. new version; the first four verses and the eleventh which last verse was not usually sung: such psalın having been selected for the occasion as one of the singers confessed, by acknowledging to a person who remonstrated with him that it was not by his wish it was sung, and that he was sorry for it. On Sunday the 21st. the children sung in the morning; in the afternoon after Mr. Babb had commenced reading the prayer for the King, the singers struck out with their instruments, and though he continued reading they sung; in consequence of which, Mr. Babb stopt, but not until he had almost finished the prayer. It must be observed, that it has never been the practice to sing in this Church after the third collect. During this time the Church was thrown into confusion, and several people left it. Mr. Babb on stopping beckoned to one of the churchwardens, who came up near the reading desk, and on Mr. Babb's whispering to him to observe who were singing he fell down in a fit, several people came round him, and carried him out of Church; the singers continued singing all the time: some of the persons who went out returned, and others did not. On going out of Church after the service Mr. Benjamin Dening one of the singers was heard to say, that their singing had thinned the Church it was too warm before; and James Dum another singer conversing the same evening respecting what the person would now think of the singing, said "we han't done with him yet." On Sunday the 28th before morning service Mr. Deane one of the churchwardens read to the singers then present; viz. Mr. Beujamin Dening and three others the following note from Mr. Babb. "Mr. Babb begs Mr. Deane as churchwarden, to inform the singers that he will not permit the service of the Church to be again interrupted by them, and from their extremely improper conduct on Sunday last, the 21st instant that they will cease to sing in the Parish Church of Chardstock until Mr. Babb is satisfied that from a conviction of their error no such disgraceful occurrences will again occur." Vicarage, Chardstock, 21st. Jan. 1821.

Said Mr. Benjamin Dening read the note first to himself, and afterwards aloud, Harrison also read it, and James Smith said, they were the first singers and would sing. They did not however attempt to sing; but after the children had sung a verse, James Smith rose from his seat, went down from the gallery in a very noisy manner, several boys following him,

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most of whom again returned, but he walked out of Church and remained in the church-yard till the service was over. few people left the Church at the same time. Mr. Benjamin Dening asked for a copy of the note which the churchwarden refused, and Mr. Dening added that he should not consider it as notice, and should sing as usual. In the afternoon after Mr. Babb had commenced the prayer for the King the instruments struck out, and James Smith gave out an anthem and then continued singing and playing whilst Mr. Babb was reading the prayer for the King, for the Royal Family, for the Clergy and People, for the High Court of Parliament, and the greater part of the prayer for all conditions of men: several of the congregation quitted the Church, and before the sermon they sung again,

On Saturday the 3rd February, the following notice was served personally on the singers nine in number. "I hereby give you and each of you notice not to play on any musical instrument whatever in the Parish Church of Chardstock, and I do hereby give you and each of you further notice not to sing any part of the services, hymn, anthem or psalm in the said Parish Church, without my previous consent in writing first obtained for that purpose. Witness my hand this 3rd. day of February, 1821.

Thomas Babb, Curate of Chardstock."

On Sunday morning the 4th. the chil dren were allowed to sing without interruption. In the afternoon Benjamin Dening, and six other singers, and some strangers were in the singing gallery, and as soon as the children began to sing (after the prayers were concluded,) they all (except James Dening) rose up hastily, and noisily lifting up the seats on which they sat, went down from the gallery and walked out of the Church, nearly one third of the congregation followed. During the sermon, gravel, &c. was thrown against the chancel window, and stones drawn against the wall of the Church to create a noise. After Mr. Babb had been preaching about five or six minutes a great noise being made at the south door, Mr. Deane the churchwarden went out of Church, and saw some boys running away, from whence he proceeded to the ale-house, where he saw said Benjamin Dening and upwards of thirty people with liquor and pipes, and on Mr. Deane's saying, "This is bad doings gentlemen," some one replied, the service was over when they left the Church; James Dening

one of the singers was observed making signals whilst the children were singing to persons to leave the Church, and several apparently obeyed them by going out as before-mentioned.

Query 1st.-Whether the right of controuling the choir and directing of pre. venting their singing altogether is not vested by law in the officiating minister, and whether in the present case the choir having ceased to sing and a new choir being formed by the minister the old choir had any right to resume and interrupt the service?

Query 2d.-Whether any and what steps may be successfully taken, against whom of the above persons for singing ;1st. At a part of the service when it has not been usual for the choir to sing, and thereby interrupting the service. 2ndly. In singing after the notice read to them; and 3dly. In leaving the Church in the manner stated before the sermon?

You are also desired to advise on the propriety and expediency of taking any and what steps in the Ecclesiastical Court against the ringers, for ringing after having been refused leave, and having been proceeded against in the temporal Court, in the manner above stated, as an indictment has been preferred against the Cúrate for an assault, in trying to catch a man escaping from the belfry—and an action for false imprisonment brought against him, by one of the ringers.

"It is especially the duty of the minister to take care that every part of public worship be properly and decorously performed; and in order to effect this he must conform to the law, when it gives him directions sufficiently specific, and when it does not he must act upon his own discretion subject to responsibility to the ordinary. I think it clearly follows from this general and undoubted principle that the control and direction of all singing in the Church must belong to him under limitations I will presently advert to. He may in my opinion being always responsible to the ordinary in case he acts indiscreetly, direct what and how much of the psalms, being the allowed versions shall be sung, what tunes shall be used, and at what times they shall be sung, not contravening the directions of the Book of Common Prayer: he may prevent the use of all instruments except, perhaps, in the case of an organ erected by faculty, but I do not think that the minister can lawfully prohibit any parishioner from joining in the singing: if any parishioner so joining behave indecorously, he may be

punished in the ecclesiastical court. I can entertain no doubt that the conduct of the persons complained of is a violation of the decorum which ought to be observed during divine service: the interruption of the minister and the quitting the Church in a tumultuous manner are offences punishable in the ecclesiastical court, and they may be proceeded against by articles. The singing at an improper time, in an improper manner, will form the substance of the articles, and the notice should also be stated, though as I have already observed, it may perhaps be considered as too unlimited a prohibition. This however will not affect the success of the suit, which if supported by proper evidence must terminate in a sentence against the parties proceeded against.

"With respect to the ringing the bells in the manner stated, this is an ecclesiastical offence, and may also be punished by the same court. I do not think the proceedings in the temporal court can, in any degree, affect the jurisdiction in the ecclesiastical court. It appears to me that the prosecution may, now be carried on against the ringers, if it be deemed expedient to do so. The proceedings may include the whole conduct of those individuals, but must be against each separately. The court of the Church of Salisbury, is the proper jurisdiction, and care must be taken that the citation be correct, and the articles agree with it."

STEPHEN LUSHINGTON.

Doctors' Commons,

Feb. 14th, 1821.

Report of a Trial at Dorchester, on Saturday, 17th March, 1821.

Deem, v. Thomas Babb Clerk. This cause, which from its public nature and importance, had long excited very considerable interest in the county, came on for trial before Mr. Justice Holroyd, and a full special jury, on Saturday, at Dorchester. The plaintiff, who is a cordwainer, living at Chardstock, in this county, brought this action against the defendant, the resident curate, for a malicious prosecution, in having falsely, maliciously, and without any reasonable cause, with his churchwardens, preferred a bill of indictment against the plaintiff and four others, ringers of the said parish, at the last Dorsetshire sessions, for a riot, and forcibly breaking and entering the belfry of the parish Church, and ringing the bells, without the consent of the minister or churchwardens; which bill was ignoramus'd by the grand REMEMBRANCER, No. 42.

jury. The damages were laid at 1000l. Mr. Adam, in a most eloquent speech, addressed the jury, and animadverted on the case be ing one of as great oppression and as little provocation as he ever remembered, and dwelt on the aggravated conduct of the defendant in having caused the commitment of his client to the House of Cor rection at Dorchester, on the 20th of November last, by a false representation to the magistrate; where he had been immured during an inclement season, till the sessions held on the 10th of January following; when, notwithstanding the lapse of months, the same vindictive spirit led the Rev. defendant to prefer such bill, without any reasonable cause. The learned counsel, however, expressed himself highly grateful for a special jury, from which his client might expect ample justice and liberal compensation for the injury he had sustained.

Mr. Wilde (one of the counsel of her Majesty in the House of Lords) proceeded to examine the witnesses, who not only failed to establish any malice on the part of the defendant, but distinctly proved, that it was not till after the plaintiff and his associates had been refused leave to ring, by defendant and the churchwarden, and had broken open the belfry door and rung for three successive nights, that they applied to Wm. Tucker, Esq. a magistrate, who examined two persons, (one of whom was called as a witness for the plaintiff) on whose depositions he held that five persons confederating together to do an unlawful act, and breaking open the belfry door, amounted to a riot in law, and told the parties they must find bail to answer the offence. This they refused to do; when the Rev. defendant solicited the constable to bail them, whose bail the plaintiff and others refused to accept; declaring they would not be bailed, but would go to gaol, which they persisted in, in spite of the urgent and ineffectual remonstrances of the magistrate and de fendant. Several other witnesses were examined, with a view of proving that no actual riot took place.

Mr, Serjeant Pell, the leading counsel for the defendant, very ably and satisfactorily exposed the total failure of the plaintiff's witnesses to substantiate the statement made by Mr. Adam, on the allegations in the declaration, namely, malice, expressed or implied, arising from want of probable cause, and which was absolutely necessary to support this action; and after commenting with his usual felicity on the contradictory and insufficient evidence of the plaintiff's witnesses, he told the jury 3 C

that he should not-trouble them with call ing his witnesses, as he felt most confident in having a verdict for the defendant, against whom there was not, in the evidence adduced, the slightest ground for sustaining the present action.

The Judge then recapitulated the evidenee; and observed, that in order to support this action, it was necessary to establish malice on the part of the defendant, who was not answerable, even if the magistrate had drawn a wrong conclusion from the facts stated; and that in point of law (though it might have been usual to ring without leave) yet the power of refusing the ringers resided in the mi nister and church-wardens; and that the ringers were wrong doers, in being in the belfry without leave, whether the door had been broken open or not:—and that the conclusion drawn by the magistrate was, that the offence was a riot, and all the evidence supported it; and that no malice appeared to have actuated the defendant, who had applied to the constable to bail the plaintiff, which the latter refused, although the charge of injury was for his being committed to gaol. The jury returned a verdict for the defendant—to the satisfaction of a crouded court; and the judge immediately certified for the special jury. The cause occupied six hours. Counsel for the plaintiff, Mr. Adam, Mr. Wilde, and Mr. Frazer; for the defendant, Mr. Serjeant Pell, and Mr. Moor. Mr. Taunton, of Axminster, attorney for the

plaintiff: and Mr. Tucker, of Chard, for the defendant.

One of the church-wardens and the ringers of Charlton, Somerset, having denied the right of the Rector, the Rev. Mr. Sharpe, to controul the ringing of the church bells, the latter consulted Dr. Lushington on the subject; and the following (extracted from the Bath Chronicle of the 4th January, 1821) is the substance of the Doctor's opinion on the question put to him by the Rector.

"That the consent of the minister (whether incumbent or curate) is necessary to authorize the ringing of bells in the church, and that the consent of either or both church-wardens, without the minister's consent, is not sufficient. That the minister's consent to the ringing of the bells, must always be had: if the two church-wardens differ, the consent of the minister and one church-warden is sufficient; but the consent of the minister against both church-wardens would not justify the ringing, nor would the consent of both church-wardens against the minister authorize it. That the minister has authority to limit the time of ringing, and that the ringers are bound to obey him. And that no person has a right without the consent of the minister, (whether incumbent or curate) to place flags, garlands, or any thing else, either in or upon the church, or in the church-yard."

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ECCLESIASTICAL PREFERMENTS.

The most reverend Lord JOHN GEORGE
BERESFORD, Archbishop of Dublin, is
advanced to the Primacy.
The right rev. WILLIAM MAGEE, Bishop of
Raphoe, to the Archbishopric of Dublin.
The right rev. NATHANIEL ALEXANDER,
Bishop of Down and Connor, becomes
Archbishop of Cashel.

The rev. WILLIAM BISSETT, Archdeacon of Ross, is to be Bishop of Down and Connor.

Crespigny, H. Champión de, to the vicarage of Neatishead, Norfolk. Dethick, Thomas, M.A. perpetual curate of Mary's, Bridgnorth, to the living of Oldbury, Salop; patron, THE LORD CHANCELLOR.

Edwards, Thomas Wynne, of Jesus college, Oxford, to the perpetual curacies of Llanrhos and Llangwstenin; patron, THE LORD BISHOP OF ST ASAPI. Gaskin, George, D.D. of Trinity college,

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Simons, N. rector of St. Margaret's Canterbury, to the rectory of Ickham; patron, THE ARCHBISHOP OF CANTER

BURY.

Thomas, John, M.A. of Trinity college, Cambridge, and chaplain to his Royal Highness the Duke of Sussex, to the vicarage of Great Burstead, Essex ; patron, the REV. EDWARD EVANS, of Eriswell, Suffolk.

Tunney, R. W. late of Ipswich, from the half-pay, to be chaplain to the Forces. Upjohn, William, to the vicarage of Bynham, Norfolk, patron, T. T. CLARKE, Esq. of Swakely, Middlesex. Whaley, J. G. M.A. fellow and tutor of St. Peter's college, Cambridge, to the rectory of Wilnesham, Suffolk; patrons, THE MASTER AND FELLOWS of that Society.

Whitelock, W. Spencer, chaplain to the Military Asylum, Southampton, to the living of Gedney, Lincolnshire. Whitfield, W. H. B.D. fellow of St. John's college, Cambridge, to the rectory of Lawford, Essex; patrons, THE MASTER AND FELLOWS OF THAT SOCIETY, Vaux, William, M.A. late fellow of Balliol college, Oxford, to be chaplain to his Grace the Lord Archbishop of Canterbury, in the room of the rev. Charles Lloyd, D.D. regius professor of divixity.

UNIVERSITY OF OXFORD.

Degrees conferred May 2.

DOCTOR IN CIVIL LAW.-The venerable Charles Daubeny.

MASTERS OF ARTS.-Frederic Gambier, fellow of All Souls college; William Charlton, Magdalen hall; George More Molyneux, Trinity college; Richard Goff, Christ Church.

BACHELORS OF ARTS.-John Dickinson, Trinity college, grand compounder ; Elbro' Woodcock, Oriel college, grand compounder; Thomas Wotton Barlow, Wadham college; Henry A. S. Atwood, Queen's college; Robert John Hatchman, St. Edmund hall; Charles Henry Tho. mas Baumgarten, Magdalen hall; Nicholas Toke, Trinity college; George Woodcock, Trinity college; Charles Stephen Hassels, Trinity college; Brook William Bridges, Oriel college; Thomas Pryce Lloyd, Christ church; Charles Pitt, Christ church; William Ives, Baliol college; William Hest Everard, Baliol college; John Alington, demy of Magdalen college; John Birch Webb, Brasenose college; Francis Jackson Blandy, fellow of St. John's college.

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ter Haynes Bury, fellow of St. John's college.

BACHELORS OF ARTS.-John Manuel Echalaz, scholar of Trinity college; Edward Denison, Oriel college; Samuel Richard Bosanquet, Christ church; Luke Fowler, Christ church; John Campbell, Baliol college; William Fowle, University college; James Davis, scholar of University college; William Buller, scholar of Worcester college.

May 15.

MASTERS OF ARTS.-Thomas Marker, Exeter college; Robert Gordon, fellow of New college; James Acland Templar, Merton college.

BACHELORS OF ARTS-Hon. Charlos Finch, Merton college, grand compoun der; William S. Gillett, Exeter college; Gilbert Gilbert, Wadham college; Haynes Gibbs, exhibitioner of Lincoln college; George Alexander Hamilton, Trinity college; Samuel Jay, Oriel college; Chas. J. Fynes Clinton, Oriel college; Wyndham Jeane Godden, Oriel college; Chas. ROSS, Christ Church; Thomas Sweet Escott, Baliol college; Rees Howell, scholar of Jesus college; Owen Jenkins, scholar of Jesus college; John Hawley, St. John's college; Joseph Duncan Östrehan, Worcester college; Richard Greswell, scholar of Worcester college.

The Petrean Fellowship now vacant at Exeter college, is open to natives of the following counties, viz.-Oxford, Devon, Somerset, Dorset, Essex, Norfolk, and Suffolk. The election will take place on the 30th of June. Candidates are required to produce certificates of their birth on or before the 15th of June, and must have been created senior sophists, according to the forms prescribed by the university statutes.

May 8-Messrs.Thompson, Birtwhis tle, H. R. Harrison, and Brackenbury, were elected scholars of Lincoln college; and Messrs. Ness and Latimer, exhibiti oners on Lord Crewe's foundation.

Mr. Leach, Mr. James, and Mr. Titley, of Jesus college, have been elected scho lars of that Society.

May 9.-Mr. Charles Palairet and Mr. Henry James Buckoll, were elected exhibitioners of Queen's college, on the Michel foundation.

May 14.-The following gentlemen of Westminster school were elected students of Christ Church :-Mr. William Smythe, Mr. Nassau Hume Dodgson, Mr. Richard Newcombe Gresley, Mr. J. Ley, and Mr. Thomas Partington.

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