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rishes. The charge in the citation dif- yet Lord Stowell suspended the adfered from that in the tenth article, for mission of the articles until the followthere, it was for “obstructing John ing term, and recommended the par“ Peck in his office of organist, at and ties to take the sense of the parishioners.
during divine service." That was a He (Mr. W). and his fellow churchmanifest contradiction, for the citation warden took the sense of their fellowand tenth article did by no means tally ; | parishioners on Thursday last, and the consequently the case must fall to the result was highly commendatory of ground. A citation was in reality an their conduct. He concluded by trustindictment. Now, if at the Old Bailey ing that his Lordship would see that he the indictment charged one with steal- had made out a sufficient case to have ing a jackass and pannier, and the evi- the articles dismissed. dence proved that it was a lawyer and Mr. Hibon said that he would not his wig, the charge would be instantly have attempted to address the Court, dismissed. The two cases were the could he have obtained the legal assame, and the variation in the citation sistance of the King's Advocate. and articles was quite sufficient to have Dr. LUSHINGTON—Very well ; I shall the present charge dismissed out of myself be glad to hear the King's Adcourt. Mr. Williams, after laying con- vocate on the subject. Let the case siderable stress upon the difference be- then stand over until the next Court. tween the charge in the citation and that in the articles, said that the Court could not decide the case; and if its Monday, February 11., Dr. LUSHINGjudgment were in favour of the admis- Ton, after having heard the arguments sion of the articles, it would be ordering of the King's Advocate against the churchwardens to violate the law with admissibility of the articles of accusarespect to the election of parish officers. tion, pronounced the judgment of the Though it might be unpleasant to vio- Court. He observed that this was a late the injunctions of that Court, he criminal proceeding against these two would rather do so than break through gentlemen, preferred by the Rev. Dr. what he considered the constitutional Vivian, but that a matter of civil right laws of the country. His Lordship’s of the rev. gentleman was put forth in judgment, whichever way it went, could the articles exhibited against them, and not settle the real dispute. A superior he held it to be a general principle that Court must decide upon it.
He said the Court was averse to entertain such in the twelfth article it was objected to articles, seeing that it would be a stretch him, that he resided in his own house. of the jurisdiction of the Court. To He trusted Dr. Vivian was present to this case he had given a most painful state his ground for this objection. attention, and particularly to the 10th
Dr. LUSHINGTON observed that was article, which was the chief one, and only a matter of form in drawing the which charged the churchwardens with articles.
obstructing the organist Peck in his Mr. Williams said he could only office, and during divine service; but, look at the fact as it appeared upon the with regard to the other articles, he face of the paper, he thought it unfor- would, if he admitted then, have to "tunate that Dr. Vivian, while he object- examine the competency of the parish ed to him residing in his own house, to elect its officers, the capacity of those that he had forgotten at the same time officers, and other things totally beyond to object to him paying tithes; but, in- his jurisdiction.
He would scruple stead of that, he always found him long before he laid down any rule which amongst his flock in the shearing sea- should have the effect of depriving the
He begged to point out to his church of its rights, but he had not Lordship the case in Haggard's reports jurisdiction over the rights of pa
- that of Hutchins v. Denziloe' and (rishioners and their functionaries; and Loveland. Here was a positive offence, he must say, that to allow the incum
bent a right to negative the election of the two questions connected with polithe parish, went very far towards vest- tical liberty: namely, the Septennial ing him with the power of appointment. Bill and the want of the ballot; but It was well known that the incuinbent the main object of anxiety with all men can order what tunes shall be played of sense was, the taxes; and they wishupon the organ, and what shall not; ed speedily to ascertain whether this nay, he may forbid the playing upon reform was likely to produce a change the organ at all; but he was not aware in this respect or not; whether it was of any case in which he had a right to likely to put an end to the grinding resist the sense of the parish, when down of the people for the purpose of it had decided who should be the enriching the aristocracy, their relations, organist. The case of Hutchins. v. their dependents, and all the tribes which Denziloe had been referred to, and that hang about their heels ; in short, the certainly was a rather aggravated case of nation knew, that there were 113 of obstructing performance during divine this aristocracy, for instance, who are service, by the churchwardens, and receiving out of the taxes six hundred against the sense of the parishioners, and fifty thousand pounds a year; they and also against the sense of the dio- knew that this sum was equal to that cesan ; yet there even Lord STOWELL which 163,220 industrious weavers have recommended an accommodation, and to live upon in the course of a year ; they put off the hearing of the case for a knew that these 113 men received ab. term. And if that case did not amount nually as
the whole of to a clear case of breach of ecclesiastical the poor-rates of the counties of law, still less did this one in which it Bedford, Berks, Bucks, Cambridge, did not appear that a disturbance had and Chester, and, that they received been created, nor that the wishes of more than twice as
much as the the parish had been frustrated. After whole of the poor-rates in the twelve great consideration, therefore, the counties of the principality of Wales. thought that no breach of the eccle- The people knew these things perfectly siastical law had been committed by well; they had long been suffering unthe churchwardens, and that it would der them; and the question with thein be injudicious to extend the jurisdiction was, whether they should continue to of the Court to matters not strictly with be condemned to incessant work and to in its province, he should reject the half starvation at the same time for the articles, but upon the whole he thought sake of thus heaping money on the it best to say nothing about costs. great and squandering families; or
Parties left to pay their respective whether they should experience that costs.
change which they always expected a reform of the Parliament would produce.
The people were never theoretical babSTATE OF PUBLIC MATTERS. blers upon this subject ; never wanted
reform for the mere name of it: they Bolt-court, 14. February, 1833. were no enthusiasts, and no coxcombs, The meeting of Parliament has, as that wanted to make a stir in the was natural, produced the effect of open- country for the mere gratification of a ing people's eyes with regard to the JERRY BENTHAMITE whim. I appeal to views of the servants of the King. The their petitions: I appeal to the petitions of great question with the people was, 1817, when the grand stand was made; whether the Ministers intended to when they prayed that reform might be make any change in the manner of go-given them in order that unnerited verning the country; and particularly pensions, sinecures, and emoluments, with regard to the burdens of taxation might be abolished; that the standing ander which the people groan. A great army, in time of peace, might be inte part of the nation thought much about duced to the standard of 1792; that the
salaries of persons in public employ of plain, solid, quiet, good sense, with might be reduced to the standard at as much sincerity as ever fell to the lot which they were before the depreci- of human beings, and with as little ation of the money. It was for these proneness to envy or vindictive feelreasonable and just things that the peo- ings ; and disliking flattery, come in ple demanded parliamentary reform. what shape it may. They do not desire There were, indeed, and in all countries to be all of them kings, or great men; there always will be, some few crotchetty they do not desire to be let loose from and whimsical men, who seek after the restraints of just law; and, as to some speculative good ; but these leading an idle life, they would not men were not one to one hundred thou- lead it if they could ; but they desire to sand; and I have never seen one such live well, according to their several man; never one single BenthAMITE, stations in life ; and they wanted a rewho was always seeking after some form in the Parliament, that they might thing of a new and queer kind ; never be enabled to live as their grandfather's knew one of them in my life who was had lived ; and, if this reformed House prone to set bis bones to labour of of Commons were not to take some
any kind whatever; always calling effectual steps towards a restoration to s upon Jupiter to get them out of the that happy state, they, to be sure, would
slough, and never laying the lash hear- not be content ; and not persevere in tily upon the backs of the jades that that patient endurance which so long ought to have kept it out of the slough ; has marked their conduct. and, above all things, never clapping When the Whigs came into office in their own lazy shoulders to the wheel. 1806, the people expected a very great These men have been seeking the “per- change in the system of ruling the fectability of man;" the “improve country. We all know how they were ments of the age;" the “extension of disappointed. It was then, as now, a coacivilization ; ' extremely anxious to ex- lition between the Pittites and the Whigs tend their benevolence, to their “ fel in the ministry. The latter wanted to low-men” who have very black and get into office, and they could not do it shining, and very well-stuffed, skins; without a junction with the former ; but never one word from them to re- and the condition which the former exstore to the weaver or the ploughman, acted was, that there should be no the full belly, the jovial pot of beer, the change in the system.
Hence the good clothing and the good lodging Whigs became first suspected, and then which are their due; but, I have always detested. Instead of a lessening of found them mum as mice upon the sub- taxation, it was, in one great instance, ject of public plunder; always eager to nearly doubled by them; and that, too, support “ vested interests ; " and always in a tax which they had denominated a still inore eager to get part of the highwayman's tax, and which they said plunder themselves. These hypocrites made resistance no longer a question of have amused and bewildered a small right but a question of prudence. That portion of the people ; but that portion ministry did all manner of the most has been very small indeed. The peo- shameful things; and they were more ple have wanted their burdens to be persecuting than any one thắt we had lightened ; this has been the burden of seen before. They came into office in their demand : they have wanted no January, 1806. In the month of Ocwhimsical changes: at the end of twenty-tober, 1906, they dissolved the Parliaseven years' fight between me and these ment, in order to get a House of Comspeculative politicians, point me out mons of their own; and, it was upon that one of them, or any score of them, occasion that Sir FRANCIS BURNETT, in on whom the people have a ten offering himself as a candidate for Midthousandth part of the reliance that dlesex, began his address, in the methey have upon me.
The character of morable words which I quoted in the the whole of the British nation is that House of Commons the other night.
“ When contending parties and fac- That is the predicament in which they ha
! « tions, in a state, unite, it is never in will find themselves ; and I venture to be “ favour, but always at the expense of predict, that when we shall come to a M " the people, whose renewed and aug- division on the house and window-tat, “mented pillage is sure to pay the price the two honourable Members for West“ of the scandalous reconciliation;" a minster (who, by-the-by, are now my sentence more beautiful in point of representatives) will be in the minority, construction, more abounding with true opposed to both Whigs and Tories ; political wisdom, more pertinentin point that is to say, that they will thus find of application, and more patriotic in themselves, unless they vote in direct 1 point of motive, never having dropped opposition to the prayers of their confroịn the pen or tongue of mortal man. stituents. Thus it will be with regard Until that sentence was written, I, who to the septennial Parliament motion, to had been but a little while in possession the ballot motion, and to every other lo of any knowledge regarding English motion having a tendency to make a kis politics, remained somewhat in ad- change in the system, or to produce re- spra herence to the Whigs. It took but a lief for the people. I do not say, or at du very short time after that to place me least it is going too far to say, that they ned in the right path, in which I trust I have will find themselves in a minority, bez continued ever since.
cause it is quite possible that they kim The present is another coalition Mi- may not; but then there is this to be actor nistry, based, without doubt, on the said, that the Ministers must give way, katte same principle as that on which the set the Tories at denance, and rely uponie ministry of 1806 was founded ; and the the people. If they do this, not a more with consequence is, that we hear not the cordial supporter, not one man less dise kat b smallest intimation of any intention, not posed to embarrass them, and more dis. sıra only to make a material change in the posed to give them time, will they, 110 whole system, but even to take off a single amongst all their hungry expectants wil tax of any description. But will the Mi- even, find, than they will find in me, ht" nistry be able to adhere to this through- who envy them not either their riches pers
, out the present session ? I hope that or their power, and who have no other they will not, and I trust they will not. object than restoring to the people their Rrot
, The people ought not to judge of what liberty and their happiness. is to take place, by that which has taken With regard to the proceedings con of place since the Parliament met. On nected with the long debate on the il px the question relating to the King's King's speech, nothing could be more cem speech, the members. had had no time reasonable, nothing more just, nothing for reflection, the great majority of them more necessary, nothing more consocame together under the notion that nant with sound policy, to which I may iboi there was still going on a struggle be- add, nothing more successful, than the Keine tween the Whigs and the Tories; and stand which was made. In the first til that, if they voted against the address, place, it was right that the House they would, in fact, be voting for the should have time, and particularly as Tories! What must have been their new House of Parliament, duly to re- ire surprise, then, when they saw the two flect on a document of such vast import- ti párties unite, and when they found ance, especially as it called upon the tale themselves in a thundering majority, House to enable the King's servants to ki - huddled in amongst those very Tories; exercise powers beyond the ordinary : fo and what will be their mortification law over so large a part of his Majesty's very soon, when they find (that they subjects. The custom of our wise anmust vote for the keeping on of every cestors was, to agree, at once, to a tax; when they must violate, most short address, thanking the King for barefacedly, all their pledges to the peo- having made a speech to them; and ple, or be in a minority along with us, then they immediately appointed a day against the united Ministry and Tories ! for taking it into their consideration,
At a later period, when the Parliament even have entered upon the discussion had become more a tool in the hands of without a great deal more information the Ministers, that practice was left off, than I possessed upon the subject. But and the speech was merely read the day it was most outrageous to attack Mr. before it was delivered in Parliament, O'CONNELL by the mouth of the noble
such members as chose to go and Lord who moved the address, on achear it read at the Cock-pit. Pirt, in count of speeches which he had made the plenitude of his insolent power, in Ireland ; and to contend that it was dropped this practice, also; gave the right to empower the King to suspend House not an hour to consider the the laws of protection on account of speech; but wrote an answer to it those speeches. He was fully justified beforehand, gave it to a mover and in characterising the address in the seconder which he appointed before- words in which he did characterise it; hand, brought it down to the House, and my real opinion is, that, if a resoand passed it that very same night; and lute stand had not been made against it, that practice has been continued from instead of the Church Bill, which has that day to this. But, ought not a re- been moved for, we should have had formed Parliament to have been dif- the Additional-power Bill moved for ferently treated? Ought not the good the very night after the delivery of the old practice to have been restored ? King's speech. To give members time Therefore nothing could be more proper to reflect was every thing, looking upon than the motion of Mr. O'Connell to them as being honest and honourable refer the speech to a committee of the men. Mr. STANLEY told the House, whole House, in order that the House that the Government must be FEARED; might have time to consider it and well that it must be feared BEFORE it deliberate upon it. This would have could be loved. Who, therefore, without been proper under any circumstances ; stopping to examine the soundness of but, when the speech called upon us to this political philosophy; who can be
additional powers !” Additional lieve that the measures of additional powers, gracious God! to those which powers were not to come FIRST? By are now exercised in Ireland! Were the delay we gained three great things ; we not, when so called upon, to take a first, timne ïor the members of the House night to sleep upon the subject? were to reflect ; second, time for the Irish we, off hand, to agree to an echo to a members to defend their country, which call like that? For my part, I was they did most nobly; which they did in determined to have a night to sleep a manner to excite envy in all who upon the speech; but, when I saw such heard them; and which, while it reflects a speech to answer, I was resolved that the greatest honour on themselves, will it should see a Sunday before it should tend to awaken in every English bosom receive an answer from that House ; feelings of attachment towards their and, let my readers look at the state of harassed and persecuted country. But the matter now, and say whether the thirdly, and of more importance than stand that was made was not prudent all the rest, it gave the people of Eng
land time to reflect ; and our DI, With regard to the question as far as VISIONS, which the Times newsrelated to Ireland, the Ministers, by paper would fain make a subject their interpretation of it, caused it to of' ridicule, effected that which could be founded on proceedings in Ireland have been effected by no other means : with regard to the repeal of the union. it compelled the two parties openly to The union was made by act of Parlia- join. It drew forth from Sir Robert ment, and it may be repealed by act of Peel the “ articles of union ;” it put Parliament. No man had proposed to into our mouths the celebrated words repeal it by force. It was a matter to of the hon. Baronet, the Member for be considered and discussed if meddled Westminster ; and, in short, it accom. with at all. For my part, I never would plished everything, and more than
as well as just.