a publication; in which I have no pe- duties of the church during eight months cuniary interest whatever; the parties of the year, and those of St. Augustine publishing which I do not know, except during four months. It appeared that by the imprint at the bottom of their Elizabeth Carter, a blind woman, was publication; but I think their under-elected organist in 1812, by both taking most useful, and I shall render parishes, and that they continued to them all the service in my power.

ECCLESIASTICAL COURT.

4. February.

elect her annually, along with the other parish officers, until 1831, when Dr. Vivian objected to her, on the alleged ground of her incompetency, but the parishioners were still satisfied with her, and refused to elect any one else. This occasioned a disagreement between the THIS report of a very interesting case parishioners and Dr. Vivian, which I take from the "True Sun" news ended in a refusal on the part of Dr. paper of 5. of February; the plaintiff Vivian, to allow the blind woman to (to speak in terms that my readers will officiate as organist any longer; and understand) was the Reverend Dr. the parishioners persisting in their deVivian, the incumbent of the parishes of termination not to have any other, he St. Austin and St. Faith, in the city of gave orders to close the organ, and it London, and the defendants were Mr. was not used during divine service for WILLIAMS and Mr. HIBON, the church-seven months, which caused many of wardens of the former parish. The re-the parishioners to leave their parish port explains the grounds of the pro-church. The parishioners then appealceedings against these gentlemen, and, ed to the Bishop of London, and his as the case involved the rights of lordship having agreed to become meparishioners in a matter that might have diator, granted an interview to the been tortured to mischievous precedent churchwardens and Dr. Vivian. He had the Doctor beaten them, it is right stated to them the law of the case was, that I should publish this report in or- that the parishioners had the right to der to do my best towards spreading the elect the organist, but that the incuminformation which it contains. A clear bent had the regulation of the service, encroachment was evidently attempted, and consequently could use or suspend and it was resisted by the churchwar- the organ as he thought proper. To setdens with great spirit, promptitude, and tle the dispute, he suggested that each effect. party should give way, and recommended that the blind woman should take lessons from a professor of music for six THE OFFICE OF THE JUDGE PROMOTED BY VI- months, and at the end of that time to VIAN, CLERK, v. WILLIAMS AND HIBON. play before Dr. Crotch, the President of The facts which gave occasion to the the Royal Academy of Music, and if he present suit are briefly these :-Soon gave her a certificate pronouncing her after the great fire, in the reign of competent to discharge the duties of Charles II., the two parishes of St. Au-organist, his Lordship said Dr. Vivian gustine and St. Faith, in the city of ought not to object to her; this recomLondon, became united, but not in so mendation was agreed to by all parties. complete a manner as unions are usually It appeared that long before the end of effected, for though they had but one the six mouths she played before Dr. church, and one incumbent, they were Crotch, who gave her the requisite cerfor all other purposes preserved in a tificate, in which he said she played in condition as distinct as possible; each a better style than organists generally parish elected its own officers; and an do, and that she was perfectly qualified agreement was entered into, many years for the situation. The parishioners, since, that the officers of St. Faith with a view to remove all doubt, got should have the management of the her to play before six other eminent

found that his father was designated a merchant of London, whereas he was in reality nothing more than a whitewasher.

Dr. ADDAMS rose, and warmly objected to such statements.

organists, who gave her certificates to the same effect. They were all laid before Dr. Vivian, who still persisted in refusing to allow her to perform upon the organ. After the organ had been shut for so long a time, the parishioners of St. Faith elected another organist, a Mr. WILLIAMS said he would attend man of the name of Peck, and allowed to the learned Judge's request; but a pension for life to the blind woman, could not help saying, that if there was to the full amount of the salary she had anything like a denial of justice, it proreceived during the proceedings twenty ceeded from the learned doctor's conyears. The parishioners of St. Augus-tinually starting up, barking at, and intine still persisted in electing the blind terrupting him in the course of his woman. It was then agreed between observations. He trusted his lordship the two parishes that the separate would interfere, and not permit Dr. organists should officiate during the Addams to display so much officiousperiod the churchwardens and other offi-ness. When he mentioned the miscers had the management of the church. spelling of Dr. Vivian's name, he did it Peck consequently acted as organist to establish a misnomer; for he thought during the eight months the officers of by so doing, the case would fall to the St. Faith did the duties, which expired the end of last year. As soon as the officers of St. Augustine took the management of the church, the churchwardens informed Dr. Vivian that their organist would wait upon him to receive his instructions respecting the music for the following Sunday. He sent them a lawyer's letter refusing to comply with their request, and threatened them with the consequences if they interfered with Peck. They, however, placed the blind woman at the organ early on the following Sunday morning, and when Peck came at his usual time he found the organ pre-occupied. This suit was therefore instituted against the churchwardens for preventing and obstructing

Peck.

ground. He now begged to submit, that the charge brought against him was for an alleged offence, of which the Court could not take cognizance; and that the real question was, whether Dr. Vivian had a right to deprive a poor blind woman of her office of organist, to which she had been appointed by the unanimous votes of the parishioners. He would comment on the articles seve rally aud in regular rotation, though the only one that related to the charge was the tenth. With respect to the first article, stating that the parishes of St. Augustine and St. Faith were united, he contended, and he could prove, that they were distinct in every matter, except as far as regarded the incumbent and clerk.

Dr. LUSHINGTON said that the Court must assert its rights, and not allow facts to be disproved.

Mr. WILLIAMS, in contending that the articles should not be admitted, said one of the first objections he should make to the admission of the articles was, Mr. WILLIAMS said that he appeared that the person who was the chief pro- in court as an Englishman, to answer moter of the accusations against him, to a false charge, and prove his own styled himself James William Vivian, innocency; he therefore trusted that a Doctor of Divinity. Now, he could little more limit than usual would be prove that no person of that name had accorded to him, and coming to the taken priest's orders for the last hun-tenth article, which contained the great dred years in this country. He had looked into the archives of the Herald's College, and there found the name of James William Viven. Besides this error, he had discovered another; for, in searching that individual's pedigree, he

charge; that of at an early hour introducing Mrs. Carter to the organ-loft of St. Augustine's, and thus pre-occupying Peck's place, who had been elected by the united parishes; here was no proof that he was elected by the united pa

there, it wat

yet Lord Stowell suspended the admission of the articles until the following term, and recommended the parties to take the sense of the parishioners. He (Mr. W). and his fellow churchwarden took the sense of their fellowparishioners on Thursday last, and the result was highly commendatory of their conduct. He concluded by trusting that his Lordship would see that he had made out a sufficient case to have the articles dismissed.

Mr. HIBON said that he would not have attempted to address the Court, could he have obtained the legal assistance of the King's Advocate.

then stand over until the next Court.

rishes. The charge in the citation differed from in the tenth article, for for "obstructing John "Peck in his office of organist, at and "during divine service." That was a manifest contradiction, for the citation and tenth article did by no means tally; consequently the case must fall to the ground. A citation was in reality an indictment. Now, if at the Old Bailey the indictment charged one with stealing a jackass and pannier, and the evidence proved that it was a lawyer and his wig, the charge would be instantly dismissed. The two cases were the same, and the variation in the citation 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 between 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 article, which was the chief one, and which charged the churchwardens with 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 them, 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 son. 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 pathat of Hutchins v. Denziloe and rishioners and their functionaries; and Loveland. Here was a positive offence, he must say, that to allow the incum

Dr. LUSHINGTON observed that was only a matter of form in drawing the articles.

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 incumbent 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 an term. And if that case did not amount nually as much 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 them 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 whether they should experience that change which they always expected a reform of the Parliament would produce.

Parties left to pay their respective costs.

STATE OF PUBLIC MATTERS.

The people were never theoretical babblers 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, whether the Ministers intended to make any change in the manner of governing the country; and particularly with regard to the burdens of taxation under which the people groan. A great part of the nation thought much about

1817, when the grand stand was made; when they prayed that reform might be given them in order that unmerited pensions, sinecures, and emoluments, might be abolished; that the standing army, in time of peace, might be re 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 grandfathers knew one of them in my life who was had lived; and, if this reformed House prone to set his bones to labour of of Commons were not to take some any kind whatever; always calling effectual steps towards a restoration to 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 more 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 that 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, 1805, 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 BURDETT, 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.