The Sun.
London, England, 1840-12-23 00:00:00

SPIRIT of the PUBLIC JOURNALS.

FROM THE MOANING PAFERS OF THIS DAY.
(From the 31orning Chronicle.)
The notice of the case of Saran Young, cited befor, the
Ecclesiastical Court of Llandaff, in defiance of an express
enactment in Captain Pechell's Act, will be the means of
obtaining for Parliament, when it next meets, much seful
information. In this day's Chronicle will be found a very
valuable communication from Mr. Mellet, in which lie
gives the particulars of the case of a Mr. Hill, who was
cited before the Exeter Ecclesiastical Court for a sum
below 10/. Mr. Hill, on being threatened with a suit in
that Court, immediately gave an intimation to the adverse
party not to issue a citation on it, as, by Captain Pechell's
Act (5 and 6 Wm. IV., c. 74), all tithe under le/. was
exempted from its jurisdiction, and that, if proceedings
were taken, costs would be applied for. Notwith-
standing this notice, the party issued a citation, and ulti-
mately the Chancellor dismissed the suit, but gave .110
costs, although all the proceedings had been knowingly
instituted in defiance of a clear Act of Parliament
Mr. Hill had to pay 4/ , his proctor's fees, and the ex-
pense of a Doctors' Commons opinion to guide him as to
the stage at which he should claim the exemption. But
had he not taken the precaution to procure, and been able
to pay for, professional advice, he would have been im-
mured in the county prison. The statement of Mr.
Richards that it was customary to disregard the Act of
Parliament, and to frighten cottagers and occupiers of
small pieces of ground by citations to the Ecclesiastical
Courts, appears to be but too well established. It ap-
pears that the Ecclesiastical Courts care no more for an
Act of Parliament than for an old song. Captain Pechell
brought in his Bill expressly to meet cases of this kind.
The Act declares that no suit or other proceeding shall be
instituted in any Court in Bnybznd, having cognizance of
tithes, kc., of or under the yearly value of Ten Pounds;
but all complaints touching the same shall be heard and
determined ONLY under the powers and provisions con-
tained in the Acts of the 7th and Bth William 111., c 6,
and 53 George 111., c. 127, in the same manner as if
the same were therein set forth and re-enacted. But
the prohibition of this Act is a mere farce if, in order to
obtain the benefit of it, a sum of 41. at least must be ex-
pended, to say nothing of the trouble and annoyance of
attending to the citation. A stronger case cannot be
stated than that of Mr. Hill. Ia defiance of express
notice, the citation was issued. and yet the Chancellor.
though he dismisses the suit, refuses to give costs. Par-
liament will not surely suffer itself to be bearded in this
audacious manner by the Ecclesiastial Courts. if they
be suffered to do these things with impunity, we know
nothing so infamous that it may not be perpetrated. Of
what avail is it to limit the jurisdiction of a Court if the
Court openly disregards the limitation ? Courts of Con-
science, County Courts, Assistant Barristers' Courts in
Ireland, Justice of Peace Courts in Scotland, are all pre-
cluded from entertaining actions for more than a certain
amount. In the Sheriffs' Courts of Scotland actions may
be brought for any amount, but they cannot determine
cases of real property. We have never heard of these
limitations being disregarded. But the Ecclesiastical
Courts, aware of the iniquitous resource they pos-
sess in these procedures, by which the not appear-
ing to a citation is deemed a contempt, subjecting to im-
prisonment, openly fly in the face of Parliament. The
highwayman who takes your money on the highway :is not
more culpable in the eyes of God and man than these judi-
cial robbers. The poor have no escape. They must
enter these dens of iniquity at an expense utterly beyond
their means, or suffer themselves to remain months and
years in gaol. In vain the Legislature provides a cheap
tribunal for them, and warns off the ecclesiastical harpies
—they are determined their prey shall not escape them.
The House of Commons, in the exercise of its functions
as grand inquisitor of the nation, cannot allow this flagrant
outrage to pass unheeded. A more glaring abuse than
that which the Ecclesiastical Courts are in the practice of
perpetrating cannot be conceived. The abuse has been
suffered to continue only because the victims being gene-
rally of the humble classes of society, have borne their
wrongs in silence. But we will not for a moment sup-
pose that the scandalous practices will not meet with the re-
tribution they merit. But, assuming that means will be taken
to prevent a recurrence of this evil, ought Courts capable
of robbing the public in such an infamous manner to
be suffered to exist at all ? A set of judicial harpies
scattered over the face of the country, having at their
command the most oppressive forms of procedure, can
always, without subjecting themselves to animadversion,
harass the people in an infinity of ways. The case of the
poor cobbler, in Worcestershire, who was cited before
the Ecclesiastical Court of Worcester fur a few shillings,
and who would have instantly been consigned to prison
for a large sum (for the first plunge into one of these
Courts involves a sum altogether beyond the reach of a
poor man), had not some humane individuals of Wor-
cester raised the money for him by subscription, is a
case in point. Brush away these nuisances. Courts pro-
perly constituted to do justice between man and wean, at
a reasonable expense, are a debt which the Legislature
owes to the nation. The Scotch have no Ecclesiastical
Courts. The business in them was lately transferred to
the Civil Courts, to the great satisfaction of the people.
And why should the people of England be held in less
consideration than the people of Scotland?
SARAH YOUNG'S CASE—PRACTICE OF THE EXETER
ECCLESIASTICAL COURT.

TO THE EDITOR OF THE MORNING CHRONICLE.
Sir—lt will be seen from the following case that the
practice of instituting ecclesiastical proceedings in the
teeth of Law, is not confined to the Monmouth Court :
Mr. Hill was applied to by a proctor, and threatened
with a suit in the Exeter Ecclesiastical Court, unless be
immediately paid up arrears of tithe due to his vicar. Many
a man of stronger nerves than Mr. Hill having been
frightened at the mere mention of the Ecclesiastical Court,
it will not be wondered at that he immediately sought
professional advice. Finding from him that his arrears
of tithe did not amount to 101., an intimation was imme-
diately given to the adverse party not to issue a citation
in the Ecclesiastical Court, inasmuch as by Captain
Peela,ll's Act (sth and 6th William IV., c. 74), all
tithe under 101. was exempted from its jurisdiction, and
that if proceedings were taken, costs would be applied for.
Notwithstanding this notice, the vicer issued a citation, and
ultimately the Chancellor dismissed the suit, but gave no
costs, although all the proceedings had been knowingly
instituted in defiance of a clear Act of Parliament. Mr.
Hill had thus most unju,tly to pay 41., his proctor's fees,
mad the expense of taking a Doctors'- Commons opinion at
to at what stage of the suit the defendant should claim the
exemption.
' The stress I lay on this case is, that had Mr. Hill not
taken the precaution to procure and been able to pay for
professional advice, he would, like Sarah Young, have soon
found his way to the county prison; for the defendant, in
order to avail himself of Captain Pechell's Act, must ap-
pear. that he may show the Court the demand is under
10/ ; if ho refuses to appear to the citation, though issued
in defiance of the Act of Parliament, he is pronounced in
contempt, and sent to gaol ; if he appears he is put to ex-
penses to defend an illegal demand.
Exeter, Dec. 21, 1840. H. C. NIELLETT.
(From the Morning Advertiser.)
Rumours and reports of every description are afloat re-
specting the foreign relations of this country, which have
no foundation in truth. If the statements of the Tory
papers were to be believed, the victories of England
would pass for nothing, and France and Russia a nuld coa-
lesce for the purpose of destroying her successful policy.
It is possible that such a coalition may take place, in spite
of the peaceful intentions of M. Guizot, who desirea the
English instead of the Russian alliance ; but then, on
the other hand, where is the power by sea to oppose the
Turkish, the Egyptian. and the English fleet, in any part
of the world, or on land to bid &fiance to England, Aus-
tria, and Prussia? We have heard that this paper has
been specially blamed by the Quarterly Review for hav-
ing thrown out a hint that this country should take and
keep possession of St. Jean d'Acre. Withuut any excep-
tion, we say distinctly, that Lord Palmerston, under ex-
isting circumstances, would spoil the admirable policy
which he has hitherto pursued, if he were for one moment
to release St. Jean d'Acre from the command of British
1 authority. With regard to the allegations that the Porte
1 ni• ails to depose Mehemet Ali from his position as Pacha
cf Egypt, we answer at once that no such intention is en-
tertained, or will be permitted by Lord Palmerston. At
the same time, should any foreign interference occur, pre-
judicial to the interests of England, there can be no guts-
! tion that the matter will be thoroughly sifted, as well as
I thoroughly adjusted.
_ _ __ .

( From the Morning Post.)
The intelligence from Portugal, which we published
yesterday in a second edition, arid now repeat, with ~ddit-
ional details, is of considerable interest. It is now toler-
ab'y clear that Lord Palmerston's new Knight Grand
Cross of the Order of the Bath, the present Dictator of
Spain, is about to invade the territory of Portugal, Eag-
land's ancient ally. This is rather a strong measure en
the part of Espartero, considering that England is bound
by a treaty to protect the territory of Portugal from Spa-
nish invasion, and that the justice of the threatened inva-
sion is, to say the least of it, very equivocal. [lad the
ruler of Spain been very thankful fur the ribbon with
which the Queen of England was advised to decorate him,
or had Spain entertained any very grateful sense of the
services which Lord Palmerston has been labouring for so
many years to render her by officious iatermeddling with her
domestic affairs, it is scarcely to be imagined that so decided
a measure of hostility towards the ancient ally and
federal protege of Great Britain could have been deter-
mind on without, at least, an appeal to the mediation of
this country. The jurists of every enlightened age concur
unanimously in the opinion that, f)r a war to be just, it is
an indispensable condition not only that the claim for the
assertion of which it is waged shall be well founded, or
that the injury for which redress is sought shall be real and
grievous, out that every other reasonable mode of seeking
the right or the redresa unjustly withheld shall previously
have been tried in vain. Can it be pretended that the war
which Spain is about to levy against Portugal corresponds
with this universally-recognised definition of a just war ?
Perhaps, however, Espartero is of opinion that to appeal
to the mediation of Great Britain, under its present
Administration, would not fall within the description
of a reasonable mode of seeking justice. If this
bdUctthLrotpaiihnliyon of the Spanish ruler—and his con-
seems to intimate it—although we may
not venture to say that it is entirely unfounded,
he ought, in decent consistency, to return the ribbon
which Lord Palmerston so recently procured him, accom-
panying it, as a matter of course, in a letter to the Duke
toef r
in
ugs: er
ex
a,
stoon es xfp. lain iwn h
hich hoenodueracblilnestltioougl\beanrotit.very\vfimat-t
the British Government will do in this affair it is impossi-
ble to say. It will, probably, offer that mediation which,
bad the British Government presented at the present
pmo-
rtao
invasion of Portugal until
mo-
ment its ancient and customary titles to eoafidence and re-
a-ect, both parties would have eagerly sought. Great
interpose in some way or
s whethe rof the
other
ritn at least,o
her Executive Government shall have had time to yield to
the demand of Spain, without any
retard the threatened
ne
forms or prinaiplei of that liberal Constitution which Great
to establish.
Britain contributed, with o much

(From the Times.)
Our Lisbon letters, received by the mail of y esterday