The Sun.
London, England, 1840-11-20 00:00:00

CHURCH-RATES AT DOVER.

The subject of Church-rates has at length become
one of the most engrossing themes of conversation in
the borough cif Dover. The Anti-Church-rate party
having made a bold and determined stand against the
paying any more of these taxes upon conscience, has
induced many who had hitherto been staunch advocates
for these imposts, to refuse to pay any more Church-
rates, at least till the Anti-Cburch-rate party pay up their
arrears. The last made rate, therefore, is at present
uncollected, and will no doubt remain so until the case
has been tried in the Ecclesiastical Court. Mr. Pal-
frey, whose case has been selected from amongst the
rest for this purpose, was consequently summoned to
appear before the Dover Petty Sessions on Wednesday
last, to show cause why he refused to pay the rates.
The Mayor, who was well aware that Mr. P. would
raise a long list of objections against the rates, endea-
voured to cut the proceedings as short as possible by
asking that gentleman if he disputed the legality of the
rate ; inn theecause if he did so that Court could not adju-
dicate i matter.
Mr. Palfrey said be came there to answer to the
summons, to show cause why he refused to pay the
rates, lie had a great many " why's," which he was
willing to show to the best of his ability.
Mayor--But do you object to the legality of the
rates ?
Mr. Palfrey—That, Sir, I do not conceive to be a
proper question. I was summoned here to show cause
why I refused to pay the rates. It is your province, I
presume, to judge whether I raise my objections on
the ground of illegality.
Mayor—But we don't want to sit here all day hearing
your objections : if you state to the Court that you
object to the rates on the ground of illegality, you will
save us much time and trouble.
Mr. Palfrey—l consider that this Court is -bound to
hear my objections ; and when I have given them, it
will be for you to judge of their nature.
Mayor—Well, proceed then.
Mr. Palfrey—ln the first place, the two church-
wardens and Mr. Proctor, the 'Vestry-clerk's clerk,
came to my house on the 4th instant, and demanded of
me the sum of 3/. 16s. 14d., for six Church-rates, which
I refused to pay. They then immediately went and
took out a summons for me, to appear before you to-day,
to show cause why I refused to pay three of these rates.
Now, are these gentlemen justified in coming to demand
31. 16s. lid. and then to take out a summons for a part
payment of the same
Mayor—l will answer your question when you have
answered mine.
Mr. Palfrey—Then you refuse to answer me on this
point ?
Mayor—I do.
Mr. Palfrey—Well, I contend that they have acted
illegally in coining and demanding of the one sum, and
then to summon me for another sum,
Mr. Gravenor, Vestry-clerk—The three former rates
are pending against Mr. Palfrey in the Ecclesiastical
Court. We could therefore summon Mr. Palfrey for
only the three latter rates.
Mr. Palfrey—Then I shall prefer a charge against
the three gentlemen for endeavouring to extort money
from me in an illegal manner. They are continually
coming into my shop and obstructing me in my busi-
ness, demanding these rates of me, which is exceedingly
unpleasant when lam waiting upon my customers. If
the case be pending against me in the Ecclesiastical
Court the matter is taken out of their hands, and I shall
certainly prefer a charge against them for extortion.
Mayor—You are at liberty to do as you please in
that particular ; but with respect to the summons, this
Court takes cognizance of no business but that which is
brought before it. Your three former rates have before
been brought before this Court, and the Magistrates de-
cided that they could not adjudicate in the matter, be-
cause you objected to the legality of them. What are
your objections to the rates for which you are now sum.
moned ?
Mr. Palfrey.—ln the first place, I object to the
rates on concientious grounds. I think it unjust for
men of one religion to be taxed for another, from
which they entirely differ. Secondly, Church-rates
are wholly unnecessary. If Churchmen love their
Church they will not let it fall to the ground for want
of funds. But there are sufficient funds already pro-
vided for the Church, without the levying of Church-
rates.

Mayor.—But we cannot allow you to take up our
me with raising such objections as these. Why do
you not come to the point at once?
Mr. Palfrey.—l was summoned here to show cause
why I refused to pay my rates ; and these are some
of my " whys." Mr. Palfrey continued—My text
objection is, that Church-rates are unscriptural,—(and
taking up a Bible which he had brought with him,
began to quote several passages of Scripture, but he
was soon interrepted by the Mayor, who said, " All
this Scripture is very good, Mr. Palfrey, but it has no-
thing to do with the point in question.")
Mr. Palfrey.—You may think so,but I think differ-
ently. It occurs to me that that religion which will
not stand the test of Scripture, has something rotten
at the bottom of it.
Mayor—But, you know, law is law, and we are
bound to administer the law as it is laid down for us,
whether it be right or wrong.
M-. Palfrey—l consider that the law of the Church
ought to be the law of the Gospel ; but setting this
aside, I consider that these rates are illegal according
to the law of the land. It is stated that one of these
rates was made on the 3(1 of August. If I had the
vestry-book I could prove that it was made on the 30th
of July.
Mayor—We have the rate-book, and that is suffi-
cient to prove that the :ate was made on the 3d of
August.
Mr. Palfrey—But I contend that the rate was made
an the 30th of .July, and the vestry-book will prove it,
Mr. Gravenor here rose and said that, as Mr. Pal-
frey hid admitted that he objected to the rates on the
erounds of illegality, the Court could not entertain any
more of his objections.
Mr. Palfrey—But I was summoned here to give my
reasons for refusing to pay the rates, and I request to
be heard. Here are reporters in the room, and I am
desirous that my objections should be published. There
arc many persons, who are unable to attend here to-day,
desirous of being put in possession of my objections.
Mr. Kennett, Magistrates'-clerk, said he considered
that Mr. Palfrey had an undoubted right to state his
objections if lie chose. Besides, how could the Ma-
gistrates, were they ever called on so to de, state Mr.
Palfrey'e objections to the rate. ?
The parties wLere then ordered to retire for a
WLen tl;cy were recalled, Mr. 13
allowed to state his objections, and Mr. Gravenor or-
dered to produce the vestry book,
Mr. Palfrey then turned to the minutes of a meeting
held on the 30th of July, which stated that a Church-
rate of twopence in the pound was that day granted ;
signed by the Chairman and by several of the parties
present. Below thii was " Mern.—The rate was this
day made. Aug. 3d. C. Gravenor, Clerk."
Mr. Gravenor—That was only a private memoran-
dum, which I inserted for my own guidance. We are
never in the habit in this parish of recording the mi-
nutes of any meeting when a rate is made.
Mr. Palfrey—ln referring to the rate made on the
10th of January, I find that minutes were taken of the
proceedings.
Vestry Clerk—That was on account of a poll having
taking place ; on no other occasion are the minute] of
such meetings recorded.
Mr. Palfrey—lf the Magistrates will take the trouble
to turn over a few pages of the vestry book, they will
find that in about half of the instances the minutes of
such meetings have been recorded. It seems to me that
the clerk inserts the proceedings or not, as best suits his
purpose. In one place here is a rate made and signed
on the 13th of December, said to have been granted
on the 17th inst.
Vestry Clerk—Ali, that is a mistake.
Mr. Palfrey—Yes ; the book is full of mistakes.
But, having proved the fallacy of Mr. Gravenor's state-
ments, I do not wish to take up more time than I am
obliged to do ; I shall, therefore, proceed with my ob-
jections. The First is, the summons differs from the bill
presented to me by the two Wardens and Mr. Proctor
on the 4th inst.
Secondly—The rates were not properly applied for,
no rate-books having been produced when the parties
applied for the money.
Thirdly—The summons states that it is for the sum
of 1/. 161. 3d. for Church and Burial Ground-rates,
and does not specify when the rates were made, nor what
portion of the amount is applicable to either purpose.
Mr. Gravenor—That was done to save expense.
Mr. Palfrey Fourthly—There is no evidence
in the vestry-book that a rate was made on the 3d of
August, exceptthemeni.of the vestry clerk. The minute
in the vestry-book states that an intimation was made
to persons to whom the cemetery accounts were sub-
mitted, that the wardens intended to make a rate of
twopence in the pound. Such minute bears date 30th
July. I was present at that meeting, and it was then
and there declared that such rate was made by the
wardens; and the vestry clerk declared that such rate
was legally and properly made on the said 30th July.
Fifthly—No minute has been entered in the vestry
book of the making of the rate of the 19th of October.
Sixthly—The rates have never been submitted to the
rate-payers in vestry assembled ; neither had the rate-
payers a voice in making the rates.
Seventbly—The notices of vestry were irregular, and
not accordingly' to law, the Act of Parliament requiring
that due notice should be given on the church and cha-
pel doors of the intention of the chtircwardens to make
a rate, which had never been done.
Eighthly—The rates are made for retrospective put,
poses, and are not made in vestry.
Ninthly—The rates are made and signed by parties
have
ese accounts
parties,
and interests in the produce of the same.
Tenthly—The accounts are
andmany charges in there
and not by the rate-pa) ,
wardens' accounts are not allowed by law.
Lastly— Two of the rates for which I am sum-
moned were made before the present wardens came