The Express.
London, England, 1849-09-15 00:00:00

HEREFORD MUSICAL FESTIVAL.

HZUZIOAD, FRIDAY.
Yeettrd ty the morning performance at the cattedral
ensisted of a selecti to fulls the works of our best motets,
including " Stabil Matter," portions of Spohr'e
oratorio " Calvary," cal se me detached pieces. Tne per.
famine, opened with the introductory movement and
symphony trots Haydn'a " Seven last words."
The selection from "Calvary " followed. The first reel-
tali,* and solo, " Though all thy friends," was suer by
Madame Catena% who gave to it its tree devotional re ding,
and the cturus was well sustained. The air by Miss A
Williams, " When this scene of trouble closes," was delight-
fully accompanied by Messrs. H. Blagrove
Platt (horn), Lialey (violoncello), swl Dove (piano).
la the seceeeding trio, " Jesus a ly Mester," by Mies
Poole and the Misses Williams, the soprano (Miss A. Wit.
hams) was heard above the others. Atter this selection, the
fine chorale from " Paul," ea adapted by Meadeltsolie,
front Sebastian Bach, was Fives. The " Hatlehrjah "in
this chorale was beautifuliy given, and the piece was encored.
Mr Siam Reeves appeared tot toe first time at the Cathe-
dral, and sang the well•known air, "Sound an alarm," from
"Judea Mareal leis," with the in6oductory recited, e. The
choral, " We hear, we hear," was given by the band end
voices with exquisite perfection. After the full chorus, "Ana
follow the* to coiquest," the sadden pianissimo move-
ment "It to fall," mod the succeeding crescendo told with
beautiful effect. Madame Cestellan afterwards sang the air
from the Creation, " With verdure dad." This was ren-
dered with a delicacy awl sweetness which no form of words
can describe. Of course • repeat was called for, aid the
second performance was, it it were possible, even
superior to the first. Then followed the air from " St.
Paul"—" Be thou faithful unto death," by Mr. Locke y,
with Lindley's violoneello obligee; the auras in " Jeph
the," "When his loud voice • ' and the chemist's, "The
heavens are telling" ("Creation"), sad " Father, we adore
thee," from "Judah." Toe last-named was beantifally
given, and the fugue, " Olerily his name," was cleverly
taken up by the voices. During the perormance of Bee-
thoven's service, the whole of the audience, following the
example set by the lord bishop, remained standing.
The "Stabat Mater " is quite a novelty at these festivals.
We believe it was never before given at the festivals of the
three choirs. On the whole, it wee well executed. The
Misses Wilisms sang the duet, " Power eternal, Judge and
Father," wily ewe etly ; the music bears a close resemblance
to the dust in " Norma," "Hear me, Norma,"—• decided
plagiarism of B4lini. The quarett, " Hear se, Lord," by
the Misses Williams, Mr. Stress IliterVel. and Mr. Phillips,
was exquisitely given, and wee moored.
The collicuon at the cathedral doors on behalf of the
charity amounted to 1401.
Luz night's comers at the Shiro Hall Ole last evening
concert of the festival) wis a bumper. Upwards et 600
persons were in the concert room : tho largest number, we
believe, ever brought together at any of the festival coucerts
eivea at Herefotd. Tn. euneert opened with • selection
from Weber's opera of " Euryanthe," for which an English
version bad been ezprerly written for this festival by Mr.
BAIL The grand overture was perfectly rendered by the
bind, and indeed the whole of the selection was most
satisfactorily pose through. The charming air, " Flowers
.f the was exquisitely given by Madame Caetellan,
as were also the glorisus march and chortle, " Hail, ye he-
roes." Reeves we greatly admired in the sir, " Butt errs,"
and the °beeline " Where the Loire's bright waves mean-
der," Miss PoOle'e song, "'Tie May," was a very pretty
piece, to whitst she did full justice. The wedding march in
klendelesohn's Overture to " Midsummer Night's Dream"
was magnifies-Lt.
In these:end part of the concert, Min A. Williams's song,
" A bird sat on the greenwood spray," was ensured. Mr.
&swarms was ir,,lennid snide scene frnia"LaSonsernbula;"
oil was rapturously enured. Keyvett's glee, "Toe Midges'
danor," by the Misses Williams ant Messrs. Hobbs sad
Phillips, was also encored. Phillips was himself again in
" Lucia saw," sad Ma lame Castellan enchanted the au-
dience in " 0 Wee di quest anima," which was vocileroualy
eneond.
The bell alter the comet was fully attended.

THE BRIGH TON CHURCH-RATE MADE BY
A MINORITY.-PROCEEDINGS BEFORE THE
MAGISTRATES.

Oa Thursday 24 ratepayers of Brighton were
sessional beta* the magistrates in ?say B<esions in that
town, to show cause way they refined to pay their church
rates: Mr. Coreford appeared as solicitor for the church-
wardens, end Mr. Boykett, of 9, Chanceqq lane, London,
attended as elicitor for nine of the d te. The ant
.

case gnats into was that of Mr. Fiat,
Mr. CORNFORD mid the churchwardens, la the vendee
of their duty, had thought it right to bring them cute before
their worships in order that pennon might be entoroed, on
the ground that the rate was legally and properly made.
Neatly two-thirds of the persons rated bad dread) paid their
rates, but there wen SOON who still refused, and the oburolt.
wardens thought it no more *ea just that they should be
made to psy. lie should not waste their time by going into
the law on the subject, u it had been elaborately laid down
by Lord Denman in the Braintree we, which was on all
fours with this ; Una being, as their worships were aware, •
rate made by a minority, is pursuance of a moaition. Mr.
Coraford then called _ . . . .

--.---- _
Mr. B. Ciratrii, the Vestry Clerk of Brighton, who
produced the vestry Wants book, and the monition and
d am of the Cassino" Court at IRWIN, dated 26th of
October, 1847. He read the documents. The last lien-
timed was • monition to the churchwardens of Brighton to
call • vestry meeting on the 9.1 i of December, to maks a rate
for the repair of the churches of Bt. Nicholas and Bt. Peter,
and to defray the expenses of the celebration of dines
worship therein. He also produced a notice of a meeting
which the churchwardeas issued in pursuance of this
monition._

Juts Bauman, clerk to the vestry clerk, deposed that
be posted • cot, of the notice at the doer of the parish
church, on the Sunday marring before Cue meeting, and that
he 'swamp) posted at the doors of all the other places of wor-
auip in the town connected with the establiAment.—Cross-
esamined: I only posted the cue at the old church. I saw the
others after the) were pieced. I know they were copies, as
I had examined them the previous day, and saw my mark
on them. They were posted by the crier.
SAWS discussion having ensued as to the manner in which
the notice had been served,
Mr. CLAIM' read the minutes of the vestry meet-
ing, whin state thatthe notice of the meeting, and the esti-
mate, limier been read to the meeting, Mr. Cony moved,
and Mr. Williams w courted, that a rate of ace penny in the
pound be made. Mr. Trego moved, and Mr. Feistseconded,
ea amendment, "That the reparvion and clean keeping or
the churches of St Nichtlae and St. Peter be defrayed by
voluntary contributions, according to the statute law of the
land.". The chairmun decided that the amendment
w.s ulrytd, end refused to pot it to the meeting.
William Conlemham, Beg., moved, and Mr. ham Lee
seconded, an amendment, " That the consideration of nit
church rate he adjourned to this day six months." The
chairman decided that the last amendment WAS illegal, and
refused to put it to the meeting. The motion for a rate was
then put to et show of bands, and the chairman declared that
the number of votes for it were 47, and the number of votes
against it were 90; and he declared further, that the votes
against the motion were illegal and thrown away, and tht re.
lore that the motion was carried. Mr. Clarke also
pr. dated the rate made in pursuance of the InOti,ll,
u hi& he stated was signed at the meeting, and
from which it appeared the amount due from Mr. Feist
was 34. 104., and be stated that the validity of the rata had
not Leen disputed in the Noel • tint Court.
Bvi •••.ce was then given of the rate hoeing been de-
manded end refused.
Mr. BOYKE CT then asked to see the information, and
nine told that there was no information in writing, he took
an ob,ection to the form of the summons that there wee no
Vaintilf, and therefore there was nobody on whose behalf
they could issue a distress warrant.
Mr scorr (a magistrate)—We have power to amend
the summon. it en objection be taken in point of form.
Mr. ISOYILETT—It be nut in point of form ; it is in cub-
stance.—The bench overruled the objection.
Mr. BOY KBT r said he bad now to submit that this sum-
win must be Mitigated. He thought he had shown them
sufficient en the present occasion to convince them that this
was a rate bad in law, and he might now state to the ns that
it was his client's intention to dispute the validity of the
rate, and that he had a bona fide incaution to dispute it in
the Ecclesiestical Court.
Mr. BELLA.MY (a magistrate)—You must give us rea-
sons. You WO" us an usenson.
Mr. bOYKE fT—I am not b mud to give a reason. I
say it is my client's intention to dispute it ; and he hereby,
by me, doss dispute the validity of the rate, and he has a
bona foie intention to dispute if he be cited to the Eccle-
siastical Court. lam not Weed to wive you a reason. Mr.
Boykett then quoted the ease of " Shepherd v. Miles " (5
Mettle and Selwyn, 248), in which it was held that if a de-
tendaot stated before the magisir tee that he intended to
dispute the rate bona fide, that was sufficient to oust them of
their jurisdiction. lie also cited the can of `• Dale against
Pollard," in which a notice was given by the defendant that
lee protected against a church-rate made in Bradford; chit
he should not contest the rate in the Ecclesiastical Court,
but that he should commence aetions against the magistrate', ;
and it was held that the magistrates were not justified, after
that notice, in Leming a warrant.
Mr. CARPENTER—Suppme we decide for the va-
lidi:y of the rate ? Mr. Boykett—Then I shall require the
wnole volume of evidence to be gone through in each parti-
cular ease till I can find one to hang a peg on to your saint-
tacticn.
Mr. CARPENTER—Then is this particular cam, we,
think that the notice which has been given by the solicitor
for the defendant comes sufficiently within the act of yarns. I
tweet to oust us of our jurisdic ion. Previously to the act of
5' Ge rge 111. the only jurisdicion in cases of church-rates
was the &yield ,sticsl Court. This act of parliament gave
summery jutiadicti into the magistrates on application by the
cburchwerdetts. The seventh section gives the magistrates
power over church-rates, the validity of which has not been
questioned in any ecclesiastical court ; but it is provided, that
it the validity of the rate be disputed, the jumices shall for-
bear. In this case the defendant has elven notice that if
cited to the Bcciesiestioal Coast, be will dispute the rate, and
as a reason for diepu'tng the rate, be gives this,—that the
rate was made by virtue of a miaority.
Mr. BOYKE IT —As one of the resents.
Mr. CARPENTER—It seems to us quite sufficient that
we believe he lives tee a bona lute notice that he intends to
dispute the rate if cited in t. e Beeiniamietal Court. Deader
these eireamstanees our jurisdiction is ousted. In former
easee when we have asked whether they intended to dispute
the rate in the Ecclesiastical Court, they said no, and some
said they would bring actions against the magistrates. That
we did not care about, but in this particular cue we think
the defendant has brought himself within the act of parlia-
ment. We mint have made the order, and then have re-
need the warrant of distress, and then it would have been
for the chutehwardena to have applied for a mandamus, but
it would have been an inconsistent and improper thing 1 r
us to do, and the Court of Queen's Bench would have been
aimstisfied with us for our being brought before them in that
irregular way.
Mr. BOYKETT asked Mr. Cornford if he would adjourn
the others, and ire the case on this particular one ?
Mr. CORNFORD said no; he would take all the awes in
which Mr. B kelt was retained.
The other partMe summoned—via., W. Constable, Moses
Whitton, W. S. Tankard, G. K Thatcher, M. Mosley,
Leeman Abrahams, and Richard Michell—wen then seve-
rally called, and Mr. Boykett admitted as against them the
evidence taken in the first ease, subject to the object/natal', n
by him en is.
Kr. CARPENTEReaId their decision in these eases would
be the same as in the first one.
Mr. CORNFORD announced that it was not the Intention
of the churchwardens to proceed against the other parties
summoned, until them cams had been decided in the Rale-
simical Cour:.

BERWICKSHIRE HORTICULTURAL SOCIETT.—The
autumn show of this society was held in the Town-bs,l,
Dun., on Tuesday, the 11th insteat, whew, notwithstanding
the inclemency of the weather, whisk may have menacd
some competent from mining forward, the eisphy we
scarcely, if at all, inferior to that of say ereawdon we re-
member. The articles produced were of excelled quality.
We noticed in the room • few greselerass pleats, seedling
hollyhocks, funk', tto., for dscontios. from Taller
Niamey, and a tray of flee cut gowns from Marchmmt
garden. The judges were Mr. Denboim, Brosmou.h
rr.atless ; Mr. MarshalL Langton gardens and Mr. Thomism,
Dame. whose deeiiions gam every satisfaction.—Beranek
and Koko Warder. - - _
EXCAVATIONS AT BURT SAINT EDMUND'S.-.-
Duties the last nimth the work of exploring the Abbey
I ruins Me been envied on, and the plan of the whole of the
"Prior's House" is now laid open. In the course of the
prover of the " digginn" tenni objects of interest have
presented themselves. Two skeletons were discovered lying
side by side; end neer one of them wss found a piece oflead
in the deem of a Maltese mom Tnis had, no doubt, at
burial been suspended mod the neck, or placed on the
breast. No traces of any oodles were seen, and the
skeletons it was apparent were these of men, and one
mast have belonged to an nondingly tall and stk.
leis person. The workmen also dug upon what they
at Ant expected was a tomb ; it proved, however,
to be a well of very irregular plan, and containing a
mealier sand:tare of soil at a .bottom, which
is 12 feet from the t surfirie. Just within one of the
walls is a very Mt, bet vary small, cesspool, the brick,
of whisk are in colon as fresh se though it woes the work
of losteeday. Canniest judges are of °rinks that this
misped was sagasstionbly of much later dam that the
prises reddens& It would appear to have beim deemed Mk'
some sesiellesthral , as ta
gs it an obliges demi hes
it, white mast y belonged to .tips . &AL *
pontos of a proem
_formed of encinsa tiles, hen hash
reed, in Vey flemt eondition. eresneepankmesi
piloted glen, of exesedionly carious spportrese,
mckey
leis beim olagerved, a layer of &lobar untellla
ettbetases ben in between two kW, ad
glass, whit* are separsted with the Insets.
timing the lan few a small number el toles
have bee* dug up ; were of copper, with
the exception of a shyer piss* about the day of a theihng.
A very great' many When pipes, and articles of tile eltio-
raster, were band what the ezzavatines ninnessed t Illeof
it is seeresly siestrurry to Ow had nothlw te 66 Ida do
abbey ; Any bums seabedied when the abbey ram vise
Mid shoed a swim vip..as a general deposit for el
chyle
ad rrilditit this town. Thmatb4rti
serailo. Vietgritt intrinies Oen , ..
re= this B endow lai
la el the esontittles ed the Arenwohalisel
provided Thep are gas la *tan retains famas.latinit
the satire nuns of the abbey, to appropriate a
VI impact them, and to have an somata plan pabliiimel
tae an of future 7eassallsee.—Btary Herski.