The Sun.
London, England, 1839-04-27 00:00:00

THE SUN, LONDON, SATURDAY, APRIL 27, 1539.

ALDERLEY RECTORIAL TITHES.

As the adjourned meeting for the commutation of
the tithes in the parish is fixed for Monday next, when
everything was expected to be satisfactorily adjusted,
we did anticipate that we should be spared the pain
of any further allusion, except to congratulate all par-
ties concerned, and more especially the Rector, upon
the termination of a dispute, dishonouring to the Church
and inimical to the cause of true religion. But the ex-
traordinary conduct of the Rector, extraordinary only
by comparison with what the world considers as fair
dealing between man and man, though certainly in ad-
mirable keeping with the rest of his proceedings in this
matter—again calls for our censure, as it must provoke
the indignation of all unbiassed men.
Will it be believed, that on the very eve of the meet-
ing just adverted to, that he has followed up the Exche-
quer processes, issued last year, by issuing arrests
against several of his parishioners, including Sir Jobn
Stanley, Bart., the patron of the living, and to whom
he is indebted for it ? Yet such is the fact. On the
17th instant, the Hon. Baronet was arrested in his
town residence, Dover-street, at the suit of the very man
who had removed him from the living of Sedgley, the
tithes of which, on his own showing,were worth only 3231.
per annum, to the living of Alderley, as the successor of
the Apostolic Bishop of Norwich, the tithe income being
6001., but which he wished to raise by the most unjust
spoliation of private property to a much larger sum.
This is the true clerical way of evincing gratitude to a
man, whom Mr. Girdlestone himself describes as having
" repaid slight services with the most substantial bene-
fits." The Hon. Baronet was permitted to put su bail,
but will have to surrender to the Fleet prison, unless
the matter is adjusted.
Similar processes have also been issued at the suit of
the same party, against Ed. Davies Davenport, .Esq., of
Capesthorne, who was arrested in his own house on
Wednesday morning ; and also against seven substan-
tial farmers, one of whom, Mr. Howard, is agent to
the High Sheriff. We presume that in due time their
bodies will be surrendered to the custody of the Queen's
Constable of her Castle at Chester. The matter has
created quite a sensation in the parish.
We shall not again reiterate the narratives of the
transactions that have led to this consummation. The
short facts are these. Before the living was vacated by
the'removal of the late Rector to the See of Norwich,
the sum at which the rectorial tithes should be com-
muted had been by common consent agreed upon. The
living was given to Mr. Gii dleston, with the full know-
ledge of what was the average. On Mr. Girdlestone's
acceptance of the living the requisite notices for com-
muting the tithe was agreed to, when Mr. Girdlestone,
acting under advice, took his stand for about 1,0001. A
Tithe Commissioner was appealed to, who recom-
mended that the landowners should offer .5941., being
the average of seven years realised by the Bishop of
Norwich, and which he refused ; hence the Exchequer
processes. Be it remembered, that in all negociations,
Sir John Stanley, the patron of the living, kept aloof ;
not only during Mr. Girdlestone's time, but also his
brothers, the present Bishop of Norwich ; in order to
avoid the imputation that he might wish to increase
the value of the living at the expense of the rest of the
landowners.

What is the apology of the Rev. Gentleman for
doing these acts, neither to be defended or justified ? We
give his own words :
" To those who know me, I need scarcely say that
nothing would have induced me to resort to legal pro-
ceedings, but the conviction that without doing so I
could not help being a party to such spoliation. To
those who know me not, I would put it to consider how
improbable it is that any man, out of regard to his
worldly interests, would encounter the expense of a tithe
suit, to be contested with a small income against seve-
ral very wealthy landowners, who had invited him to
their neighbourhood, and received him with overflowing
kindnes; would cut off all prospect of future friend-
ship on the part of a powerful family, who had already
repaid slight services with the most substantial benefits ;
and above all, would run the risk of losing much of his
ministerial usefulness, in a parish committed to his charge
under circumstances the most promising."
Comment on this is unnecessary, except to say, that
we do not make Mr. Girdlestone individually responsi-
ble, for what at first view appears solely to proceed from
him. No I it is only part of the great Church scheme
now going on, to subdue the nation and the people to
the parson-ocracy ; and to render all orders, property,
and law, subservient to them. They wish to put every-
thing under their feet. We must hold nothing and do
nothing except by their dictum ; no devotion, no educa-
tion, no amusements, no liberty, no property, no thought,
except as they will it. But the people will not submit
to this domination. The parsons may overshoot the
mark. Let them beware. They are going it rather
strong in this city. We shall say a word to them in
due season."—Chester Chronicle.

TRURO CHURCH-RATE WAlt.

(FROU OUR OWN CORRESPONDENT.)

TRURO, APRIL 23.

The sale of the property seized from the three Dis-
senters took place here on Friday amidst the utmost
gloom. Owing to the recent prosecution, when it came
out that the Tories had employed men at half-a-crown
Apiece to act as spies, every one seemed to feel and
to act as though he was in the presence of other
persons who were ready to swear and do anything. The
'sale was at first exceedingly languid, but as the business
proceeded people seemed to get more confidence, though
all the things were knocked down at a little more than a
tithe of their value. The Tories seem to have had
enough of William Jane Oke, the auctioneer, who ren-
dered himself so notorious in the last sale, and he has
been laid aside for _the present, but will doubtless be
used again for the dirty work of the party when his ser-
vices may be 'required.

The five victims to the Tories, to Church;rates, and
to Baron Gurney, will be liberated on Friday, having
served out the term of their sentence. No answer has
been given by Lord John Russell to the memorial sent
up by the town, but the delay is excused on the ground
of other important public business. It is hoped, how-
ever, now that Lord John Russell has more leisure, that
some attention will be given to that memorial, for
though it is too late to think of getting any part of the
imprisonment given up, yet there is a -fine of twenty-
five pounds each on three of the defendants, which:it
is believed his Lordship would see good ground for re-
mitting if he entered into any inquiry upon the subject.
The verdict was obtained on evidence of a most un-
satisfactory character, and even that would not have
been sufficient but for the summing up of Baron Gurney.
It is intended to bring the defendants home in
triumph, and a barouche has been hired for the occa-
sion. The greatest readiness has been displayed on the
part of the Liberals and Dissenters in promoting the
object by their subscriptions. The plan adopted for raising
the money necessary was by threepenny subscriptions, and
about 101. was collected by a few young girls in one
day. A band will be provided and everything done to
make the occasion one of pleasure rather than of sadness.
Thus all the hopes of the High Church party are frus-
trated, and the anticipations that opposition to Church-
rates would cease are entirely blasted, for the opponents
to that exaction are becoming firmer and more deter-
mined to give Messrs. Barrett, Edwards, Randall, Ball,
and Spur a dinner on Friday, the day of their libera-
tion ; and although this was only announced on Satur-
day last, yet there have been communications
from Penzance, Falmouth, Pcnryn, Lostwithiel, Cam-
horne, Redruth, and many other places, stating that par-
ties were coming to show respect for the sufferers, and
hatred to Church-rates. It may be worth while to
show the kind of agitation that is going on here by the
quotation of the spirited placard announcing the din-
ner—" Grand Demonstration against Church-rates. A
public dinner will be given at the United. Institute, Truro,
on Friday next, the 26th inst., to the defendants in the
recent infamous' prosecution for an alleged Church-
rate riot, on their liberation from Bodmin Gaol, where
they have been confined through the exertions of a fac-
tion, who think by persecution to maintain such neafa-
rious exactions as Church-rates.

" The price of the dinner will not exceed half-a-
crown ; coffee and other refreshments will be provided
for those who abstain from wine, &c., and accomoda-
tions will be made for the ladies, many of whom take a
deep interest in the spirited opposition that is now being
made against Church-rates.
" Liberals ! Dissenters ! Friends to civil and religious
liberty ! Let us on this occasion make such a demon-
stration as shall mark our determination to resist the
imposition of an unholy and unjust tax ! Let us show
the Churchmen that so long as they deprive us of our
property for the support of the internal arrangements of
their worship, so long will we resist their avarice and their
cupidity I Let us show them that, though we desire
peace, we will not purchase it at the cost of our princi-
pies, which, in spite of what such men as Baron Gurney
may say to the contrary, are certainly as honourable
and as honest as those of people who desire to meet in
national edifices, and yet refuse to pay them the paltry
sums that are necessarily incurred in their maintenance.
Let us only rest on our arms, and be ever ready to war
against Church-rates !

It is hoped that every town in the county will be
represented on this memorable occasion—that every
village and every hamlet will send forth its delegate
who shall sound the tocsin of eternal hatred to oppres-
sions of conscience, which ought to be 'as free as the
air we breathe.'"

The Tories never expected such results as these, and
they are extremely quiet upon the matter. Another
such a lictory as their last would be their destruction.

CHURCH-RATES AT WORCESTER—PRO-
CEEDINGS EXTRAORDINARY BEFORE
THE MAGISTRATES.
(From the Worcestershire Chronicle.)
CITY POLICE, APRIL 15.
After Mr. Jones, the Churchwarden, had proved the
requisite preliminaries, Mr. Waters, who appeared for
the defendant, wished to ask some questions relative to
the notice given of intention to make the rate, which
was strenuously resisted by Mr. Sidebottom (the stipen-
diary Magistrate), and also by Mr. Bedford, who ap-
peared on behalf of the parochial authorities ; and it was

contended by 111 r. Sidebottom :that the instant the de- !
fendant manifested the slightest intention to dispute the
validity of the rate, the power of the Bench ceased—
" their hands were tied." Mr. Waters unsuccessfully
insisted on going into the merits of the case, and at
length being driven from that ground, he asked Mr.
Jones whether he was present at the Special Rate
Meeting, held on the 9th of April, 1838.
Mr. Sidebottom, who had before manifested strong
symptoms of impatience and uneasiness, here waxed
very warm, and broke out :—Now, Sir, I must stop you.
You are going into extraneous matter. I won't allow
it ; your only object, Sir, is to excite discord and ani-
mosity in the parish, and to gratify a vindictive feeling.
Mr. Waters—Not so fast, Sir, if you please. It will
be quite time enough to make such observations when
I have said anything to warrant it.
Mr. Sidebottom, with increased warmth—l desire
you not to speak to me in such a manner, or I will
have you put out of the room, Sir.
Mr. Waters—l beg, Sir, you will do anything that
will add to your dignity as a Magistrate.
Mr. Sidebottom—l will not be spoken to in such a
manner. I'll have you put out of the room.

_ .
Mr. Waters—Don't let me put you out of temper,
Sir.

Mr. Sidebottom—None of your insolence, Sir. You
are a most insolent young man. It was but the other
evening that you were speaking about Mr. Allies.
Mr. Waters—Have you any other comment to make
on that, Sir ? _ _

Mr. Sidebottom—l tell you, Sir, if you answer me in
this manner I'll have a constable and turn you out of
the room, as I promised you, and you may bring an ac-
tion against me if you like.
Mr. Waters—Don't let me prevent you carrying
your threats into execution.
Mr. Sidebottom—None of your insolence, Sir, but
attend to your duty.
Mr. Waters—l am doing mine, but you are neglect-
ing yours.
Mr. Sidebottom—Really, Mr. Mayor, I must call
on you to interfere. I never was so insulted in my life.
The Mayor—Really, Mr. Waters, the Magistrates
are sitting here to do their duty, and painful duties they
have frequently to perform. There is a proper mark of
respect equally due to every Magistrate sitting here as
to myself who preside ; and I cannot suffer any Magis-
trate to be treated otherwise than myself.
Mr. Waters—Sir, I am quite aware of the great re-
spect that is due to gentlemen presiding as Magistrates,
but Mr. Sidebottom ought also to be aware that there
is also proper respect due to individuals who appear
before you.
Mr. Sidebottom—Sir, I will not allow myself to be
brow- beaten by any one.
Mr. Waters—With all due respect to you, Mr.
Mayor, I beg to state that I merely replied in the
manner it required to a most insulting observation of
Mr. Sidebottom's, and that I will never be insulted with
impunity.
The Bench, after consulting together, determined to
allow only questions to be put with reference to the
meeting at which the rate was made.
Mr. Waters—Am I now then to proceed without
further interruption ?
Mr. Sidebottom—lt has been decided, Sir, that you
are to proceed.

Mr. Waters to Mr. Jones--What was the rate made
for?

Mr. Jones—lt was explained at the meeting.
Mr. Waters--But I now ask you for the satisfaction
of the Magistrates. Were they present?
Mr. Jones—. Yes, Mr. Sidebottom and Mr, Allies.
Mr. Waters—Oh I Mr. Sidebottom and Mr. Allies
were present.
Mr. Sidebottom here stated that he had forgotten he
was present, or he would not have taken part in these
proceedings.
• Mr. Waters—Now, Mr. Jones, tell the Magistrates
who were not present what the rate was made for.
Mr. Jones declined. _

Mr. Waters--Do you remember that you have just
taken an oath to answer all such questions as shall be de-
manded of you ?
Mr. Sidebottom, with a snap of the fingers—Not by
you----

Mr. Waters--Thank you, Sir ; a very proper inti-
mation from an officiating Magistrate to a witness that
he is sworn to answer such questions as shall assist the
cause he appears for, and not such as shall be necessary
to advance general justice. Highly proper ! Now then,
Mr. Jones, what was the rate made for ?
Mr. Jones—For the usual purposes.
Mr. Jones then admitted, in answer to questions frorr.
Mr. Waters, that the following were among the items :
Clerk's salary, 61. ; Sexton's ditto, 6/. ; washing sur-
plice, 21. ; sacramental wine, 41. ; visitation fee, 3/. 14s. :
rebuilding wall, &c., 101. 10s.
Mr. Sidebottom—These questions relate to the va-
lidity of the rate, and the Magistrates' hands are now
tied.

Mr. Waters—l have at present merely asked ques-
tions, and 1 have not said that I even mean to dispute
the legality of the rate.
The Mayor and Mr. Allies hoped Mr. Waters, if he
meant to dispute it, would at once state such to be his
intention.

Mr. Waters—l wish to ascertain the facts relating
to the rate, they may possibly be different to what I
have expected, and until I am satisfied I cannot commit
my clients in the way that would require. What was
the total amount of the rate ?

Mr. Bedford objected to any further questions, until
the Magistrates had decided as to whether the ques-
tions already put, had not shown a sufficient intention
on the part of Mr. W. to dispute the rate.
A lengthened conversation here ensued, when Mr.
Waters stated that he did not want to perplex the Ma-
gistrates, but that it was essential to his clients to as-
certain the circumstances connected with the rate.

The Bench, under the advice of Mr. Sidebottorn, de-
cided that Mr. Waters could not pursue his inquiry,
and urged him to give in his notice of intention to diz-
pute the rate.
Mr. Waters wished to have carried the inquiry much
further, but at the request of the Bench he would give
in a notice, and accordingly handed one to Mr. Hill.
Mr. Sidebottom considered the notice incomplete
and insufficient, as it did not state the intention of the
party to carry the proceedings to another Court and
there try the validity of the rate.

Mr. Hebb—l think the notice ought to state thai
intention.

Mr. Waters—Certainly not. I am here as defen-
dant, and it is quite sufficient for me to be prepared to
meet my opponents wherever they may please to take it.
I cannot compromise my client by making him plaintiff,
and pledging him to take it to the Ecclesiastical Court.
We shall be happy to meet the parish there, but cer-
tainly shall not take them there.

Air. Hebb then intimated that, under such circum•
stances he thought the notice sufficient.
The Mayor—Mr. Hill, what is your opinion ol
this notice?

Mr. Hill—lf I were a Magistrate I should not
like to sign a warrant of distress in the face of such
a notice.

The Mayor—Nor I.
Mr. Waters stated that the notice followed the
words of the Act of Parliament as closely as could be
gathered, and called the attention of the Bench to
some actions brought against the 'Magistrates of Ken-
sington, for issuinc, distress warrants, when the parties
had merely said, I6dispute the validity of the rate, and
101. damages in each case had been recovered against
the Magistrates.

tion of the party to dispute the rate, which he for one
had never doubted. In this view the Bench, with the ex-
ception of Mr. Sidebottom, coincided, and the case was
dismissed.

The case of William Spares was dismissed on the
same grounds.
Mr. Sidebottom's very extraordinary and erroneous
doctrine, that in summary cases a defendant can only
be heard by his attorney through the good-will and
courtesy of the Court, may square nicely with the arbi-
trary dictates of Toryism, but is in the very teeth of
the law. We request Mr. Sidebottom's attention to the
Act 6 and 7 William IV., cap. 114, sec. 2, in which, if
we be not very much deceived, the Learned Barrister
will find it declared " that in all cases of summary con-
viction, persons accused shall be admitted to make their
full answer and defence, and to have all witnesses exa-
mined and cross-examined by counsel or attorney."
RECOVERY OE CHURCH-RATES.—From a recent
work of good authority, treating of rates in general and
the means provided for enforcing payment of them
when withheld from whatever cause, we extract the
following, touching the recovery of Church-rates, as
showing, in a few words, how far the jurisdiction of
Justices .of the Peace in reference to it extends :
" Church-rates can only be recovered in the Magis-
trates' Courts when not exceeding 101., and when the
validity of the rate or the liability of the defendant to
pay the same is not disputed : but if they exceed that
amount, or there be any dispute as to the validity or
liability, proceedings must be instituted in the Eccle-
siastical Courts : and it was formerly held that any ex-
pression by the defendant manifesting that he disputed
the rate bona fide, would be a sufficient notice to make
a cesser of the proceedings before the Justices. But it
has been recently decided by the Court of Queen's
Bench, that a mere statement to the Magistrates by the
defendant that he disputes the validity of the rate, and
that he has entered a caveat in the Ecclesiastical Courts
against it being allowed, is not sufficient to take away
the summary jurisdiction, but that the Justices are still
bound to hear and examine into the case, in order that
they may satisfy themselves that the rate is bona fide
disputed."