The Express.
London, England, 1850-06-03 00:00:00

COURT OF EXCHEQUER-SATURDAY.

'swum ne loco.
Ix TN' NATTRI OF TIM COMIIIMIONNIIR OF LAND TIM

FOR TEE DIVISION 01, H&SLIC011.
Mr. Hall repeated no application made by him, on the last
day of hat term, tor a rube calling to the COTOMilolOtlell of
lead tax for the Bailee:is division of the county of Lies°ln,
to show cause why they should n9t meet and make an equal
pound rate on the several parishes and places within
their jurisdiction. When the matter was first men-
tioned the court intimated that it was neoesaary to
show the amount of land tax which bad been re-
deemed within the division and the mottos was allowed to
stand over for the purpose of obtaining affidavits en the
subject. The applicant was now furnished with those all-
davits which stated all the Imam:Ace that was required.
It &pros:, d also that Mr Peec,ck hail obtained • rule on
Thursday last under preti.ely similar circumstances, calling
on the wmmis►ioners of land tax fur the Holborn division
of t►e enmity of Middlesex to show cause why they should
not meet and make an equal pound rate in the ,Varkall
parishes in that diaries..
The Lord Calif Baron doubted whether the court would
diatur. • mode of easement which appeared to have
bean ailopted for upwards of ball • century, and with
reference to which contracts must have been made
to the amount of hundreds of thousands of pounds. It
seemed, however, there were SCOW grounds for discussing
the question, and the rule should therefore be granted.
Rule nisi accordingli.
O'Connor, M.P., o. B/LAIS.IZAW.7ALLNOID

NiTIOMAL LAND COMPANY.

_________
The Lord MOM Berme mid the court had taken time to
conaider whether the rule for a new trial moved ter on be•
half of 'he plaintiff in this case ought to be granted. After
much mosidirstion, they were of opinion that there ought to
be a rule for a new trial.
Rule nisi accordingly.

EXCHEQUER CHAMBER—SATvaDAT.
Now. Com Romany..
Woes LW) CUM JrllllOE WILD, MIL ROTIrt PATTIMION, 11.11.
llamm Mammy, Ma. Jr anti Cutainut, A3U W. Bows Itarr.
Tam Quasar a. MOOIIIIIOCSB Jmns,Cizac—ltarca,u,
TO P 111170111.11 Tu MMLIIIIOI Mums ose 21113 0110171 M
or Nos•Commuutios.

This ow involves ruts of great legal and ecclesiastical
insportaneP, sad has ensiled much interest, especially in the
north of England. The Rev. Moorbouse James, the de-
fendant, is incumbent of Ne chapel and district parish of St.
Thomas, near Leigh, in L►ncashire, and he war indicted ea
a charge of refusing to perform the marriage servile of the
church of England for two young persons who had applied
to has for that pupae, on the ground that t►ey had not
hem coatirenseL The rev. gtetl• moo was tried before Mr.
Ram Alderson at the :het spring assizes for Lancashire, and
feud guilty. It appeared from the evidenc., that Henry
Fisher, a young man tinter age, and Ann Rudman, also
wader ag►, with whom be cohabited, having obtained the
eertificate of registration required is lieu of the pub-
lication of banns, wen: to the defendant, sad re-
quested him to perform the marriage service. It did
not appear, from the statement of the ease, if the
demand had been made sore than ones ; but It seemed, es
far se we meld gather from the 'memento of counsel, that
Fisher and the young woman pretested themselves at the
defendant's residence oat the evening of the 2nd of Marsh
about nine o'clock. In reply to the request, the defendant
said be would marry him whenever he expressed a drain to
be confirmed. It penned, also, that Flake, had then for-
mally required the defendant to solemnise the marriage on
or before the 14th March.

The principal point raised on behalf of the defendant at
the trial was this. that the refusal to many was not an in-
dictable offence, but could only sabiect him to *aware under
ecclesiastical law. Vasioas other reams' were alleged in
Jestifimtion of the defendant's refund. Amongst other',
that the parties bad net made a sufficient demand ono
tender of notice to be married, sans did they prods*
any easiest of parents, both bolas minors; that them esuld
be so refusal to marry until ell the conditions required by
law were totalled ; and that there was no proof that the
chapel woe duly hossesd, &e. The Attorney-General, Mr.
Knowles (Attorney-General for the county palatine of Lan-
caster) and Mr. Crampton appeared for the crown. Mr.
Blue 4 C , tied Mr. Baddsley, for the defeadant.
Mr. filen said that then wore several points on whirl he
simuld Morse himself to the court—first, whether the de-
holiest was not justified in teasing to marry the couple
whit preoented theiaselvee to him. on the posed of their U-
lnas to participate in that minas end sacred rite. The
primitive church, as was peeved by referents to the au-
thorities, clearly required that pasties should be in a Mate
of "TWO beton' they were married; esti although the church
of England did tot consider marriage a sacrament, it did not
regard it an a mere sootier, bat as a solemn and owed rite
of edmiesba irate • state, as • condition precedent for which
there should exist a Stases la ismer times there could be
no doubt tbat monied pantos were required to receive the
camases of eoanaeolos ia the chanta immediately after
the cernamy of marriage was cone-1%14d. No pintoes °cold
fn former times, and news amid strictly now, Saba to par.
ticipate in the bad, rite, aster to a et rtain extent instructed
in the Christian relights, and thus in a state of Mane. The
✓ubric inculcates this &Writhe expressly, for in the rub&
of the marriage at vice it is stated, ' It is convenient that
the new marred perms should reeeive the holy aciaannuaton
at the time of *els marriage, or at the first opportunity
after their marriage." None, however, aceoedieg to the
rabric of the oonfirairion service, could " be admitted to the
holy communion wadi sash tire as he be atiefirmed, or
be ready and donnas to be confirmed." The logical in.
brew was that se person aot is a fit state to receive the
holy oommuni•n at the time of the aelemnizatlon of meat-
sway, and therefore ne perms who had not hem coofinasd,
at was ready and &oleos' of Wag confirmed, could claim to
be married. _ _

—Baronkblerson—Hos, them, could a Roman catholic or •
dissenter be married to a seemlier of the Church of England,
for either would rotate to take the coalootaioo or be min-
Armed aceorduirt to the Masi of the Estaltlihed Murals ?
Mr. Blos replied that it would be optimal with the der.
mom to refuse in such a cam. The nib& wm snored in
the nips of Charles the Broad, in 1666. Previessly. ell
memo who 11111611 to be monied were compelled to receive
omeatealea et the time, and the only aunties really maids
tin *PA Oa win sow permitted le Astir Is le tM "Aare

eppoitsak, slug their marrisee ;" but, bola; la a titillates(
sled tO reeler it, and beitig qualified to do et, which thee
0-.14 ally b. by being, i! sot mimed, "ready and desirous"
61 being oecfi-med, was clearly mode a eeeditinn precedent
to their marriage. In the 13th woe, slaws were for-
lades, seder pain ni suspeasims, to retire to christen or to
bary ; aced by the 26th and 27th eases they were enjoined
ass to admit to the holy oommuaiea notorious offenders
eihketaties, bat towhees was We soy penalty awarded
ifer refugia, to wry. Thersione, taking ell the rubels sad
ewes together the elerpymth had the right la deride
abeam the "mike were is alt Mate apses to mended
—abeam is fast, there 'nosey lawful impeditheat M Shit
seseriege, and, seder the eiretheleases peeved, to refire le
waits parties whom he could ass smiths saddled in their
them state to eWm from Ma the selemaiestisa el their
marriert seal they expressed a Mahe to be enthrssed.
Mr. Berea Platt—Tim words used la the runts are,
0 reedy and dealaw," not that • peruse eheeld " express •
desire.' .
Mr. Slim—The defendant asked Either whether be
Weald swam a desire tabs warmed. Me was alleat' sad
W beferemse we he that he wes met " ready sad deshrosa"
lobe warmed. The wove "it is esatheitht" wore, it
amid he remembored, 'outdated iste the tube's as well as
these Wok permitted new married pumas to defer reale-
lag die eadamest till a future opportunity to meet the ob-
=er the Puritans, who thought that the rale then ex-
the skunk on the one hand might forbid marriage
swee whisk was contrary to God's law ; sad, Co the
ether. maps' unfit pews to receive the holy eossemaion.
Ia elle mass to wadedk el Cemnion Prayer it is said,
, "We age felt
peethat the Book (i. e., lb. Liturgy
' wader le eke
alterations) Both not contain anyting in it
essins, to the word of God or to sound doctrine;" sad also
that the 'impairs made such alterations is " might most
seed to the preservstion of the peace and unity in the
much," and also attain other desirable objects, but not in
soy material pun at vary the doctrine or practice of the
church. There were many authorities on the subject before
**court—that of Archbishop Sharpe, who lived after the
alterations, was the most important t sad he coseldered that,
la the rubric* of the 'marriage service, there was " something
which supposed that both should have been baptised, for
both must be It to receive the sacrament." It was laid down
is the same meaner by several divines who had written
slam the alteration had bees made. In this ease, then, the
elerprean had a perfectly good ground for refusing to
marry; but he had other moose as well, of which, though
he did set express them, he may avail himself.
Berea Platt.--They ought then to appear in the case he-
lm as.
Mr. 1110.—The set 1 Vie., e. 22, does not order a clergy-
men to marry any persons who present theas.elves with a
esediesils, bat is peimistive. authorising them to do so if
there be as essinnical impediment. The tint Marriage Act
(land 7 Wdl. IV., e. 85), expressly enacts that, " notwith-
standing anything ih this act contained all the rules pre-
resihed is the rubric concerning the solemnising et mar-
riages shill continue to be observed by every person in holy
orders of the church of England who shall solemnise
manieges ;" and, consequently, that not bring repealed
by the subsequent statute, loaves the clergyman, as
to the dim. nottary power given him by the caws ad
rubric, in the same position as he would have here
before the new law, if persons whose banns had been duly
published presented themselves to him to be married. The
wader, &pain, was not sufficient; it ought to have bees
made when and where the parties tendering themerlves
could have bees married; hut here they went after conceits'
hours to tee private boom of the clergyman, and required
him not to marry them, bat to appoint the 14th of August
for that purpon. It is not averred in the indictment that
the defendant was in holy orders of the church of &inlaid,
or that the ehurAt in question wet within the super-
intendent registrar's district, or that the parties might
lawfully marry or were at any time they tendered themselves
ready and willing to marry. There was no averment that
the church was one in which persons could be married; and
if it were not, tne defendant might actually be convicted
far a misdemeanour, for refusing to do an act, for which, if
" felon; ' - -

done. be might In convicted of iy under the statute.
Mr Crompton, in the geese* of the Attorney General,
was cheat addressing the court, when
The Lewd Chief Justice intimated that he must confine
his argument to the question whether the tender on the
2nd of August was su&cient.
As Mr. Crompton was proceeding to suwer the several
ohjsetious made I. the conviction, the Attorney• General
entered the court.

The Attorney-General said he begged their lordships to
understand that this cue woo brought into court merely to
try end obtain a decision on two greet questions—whether
it was netesaary, as a condition precedent to the marriage of
Arsons who had obtained the registrar's certificate, that
they shoult have been confirmed, or :press themselves
ready and deeirons to be confirmed ; and whether a minister
had power to re bre to marry them. If their lordship. would
'etiolate their epinion ea those points Le should withdraw
from farther proceeding. If the court would merely express
their feeling on the subject it would be sufficient; for other-
wise the public, who did not understand such prom /dine,
esieht think that their public dicer was acting with hostility
to the church. _ - -

fielTsarned judges held that they ought not to travel out
of the usual course. and sive an opinion on a point when the
case might be decided without. The very fact stated by the
Attorney-General, that this ease wubrought forward t.. try
two great quer ilia, made them feel that these points should
be the last for their decision. If th. y now held that after
the oertifieste of the registrar—for that fact alone gave them
jarioAction as a secular court—aconfirmation, or a milliners
to be eoefirmed, was not a condition precedent, and that the
as point arose hereafter when banns had been pub.ished,
and the ease went, as it must, before the Esseleethatieal
Courts, and were differently decided, th, re would be •
clashing of judgments. This point was entirely ecclesiastical,
and not properly for the decision of a temporal court. There
had been no sufficient tender proved ; it could not be said he
had refused to solemnise the marriage on the 14th August,
hi caw* on the 2nd he drained to appoint that day tot per-
forming the ceremory. The psrth s should have presented
themselves in church in canonical hoop, and demanded to
be married. No man eluld be said to refuse to perform a
duty who had been required to perform it at a time and in
• place where it was impossible for him to comply with the
request. As it was perfectly clear then was no nfilti-lit
tender of the p tries oetween whom a tenni sge could be law-
fully solemnised, the conviction mast be quashed.
Tam Qruuw V. CoVLSOX AND RUSTING —FALSE Pan-

TINCIIII.-" TIM BANK OF ELROANCI."

This as was reserved from the Loath sessions. The pri-
soners were coevicted of obsining mosey and goods by
fain pretence. It appeared that the prisoner,, who acted in
concert, obtained the goods by tenderine a flash note in
these terms £5. Bat kof Elegance I promise to pay
Five Nuods if I do not sell articles cheaper than any body
else in th-t whole universe." Two poiots were reserved.
let Whether the set amounted to a false pretence within the
meaning of the statute; and, 2nd, whether the printed in-
strument ought to be fully est out in the indictment?
Mr. Willmove argued the ease for the prisoners. It ap-
peared that Coulson offered the note, and the other repre-
sented that it was aU. note. From the evidence it seemed
that anther prosecutor nor prisoners could read or write.
The mart h4d that there was no doubt with respect to
the Ant pant.
Baron Alderson—This is sossetlfag like the ease of the
young mac Moen is the " Vicar of Wakefield."
Boron Platt—Except that there might have been some
difficulty there as to the question of identity.
Mr. Willman having tided a few eases in support of the
ascend point,
The Chief Jostles held that the objection could not be
tastaiaed. II the coon could no: derive any useful iefor-
Ratios or additional assistance from the do.•urnent set forth
with respect to the question alleged, it was net necenary.
la all the e la sited something turned on the nature of the
Wannest.

Baron Alderson—lf a maa should pus the ballad of
"Chevy Chaos" aa a note, what mould be the
we of settian oat that la die indictment ?
The convivial w alarmed.
Tn. Qualm IP. WALTZ, WATTS.
The point M this we, which arms on an indictment for
embesalement, ws resemed from the last session of the
Central Criminal Court.

Mr. Cockburn sop .red for the prisoner, and the Attor-
ney-Cleans% Mr. Clarkson, and Mr. Bowlll to support the
proseestiog. It was snagged that the argument should
stood over till Saturday. is order that M►. Justice Cresewell
(by whom the also was tried) might be preseat.