The Sun.
London, England, 1841-12-21 00:00:00

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G SUN.

IYou are called upon to-day to pass a most " swingeing "
(-71 urch-rate—( Loud cries oft' Hear, hear.") We have
already heard a great deal of " swingeing" borough rates.
but to-day we are called upon to impose a most swinge-
ing Church-rate.--(Never.) Permit me to calfyour atten-
tion to tire foundation on which Church-rates arc based.
Why do I come forward on this occasion to recommend
you not to grant a rate ? Having been called upon by
gentlemec resident in this county, to advise on Church.
rates, I have, perhaps, turned my attention to it more
closely than than the generality of legal men. I have
therefore looked a little at their foundation. The first
authority to which I would refer is Justice Blackstone,
none higher in the world, and he lays down the law to
be this :---" At the first establishment of parochial clergy,
the tithes of the parish were established in a four-fold
division ; but when the sees of the Bishops became
otherwise amply endowed, they were prohibited from
demanding their usual share of these tithes, and the di-
vision was into three parts only, subject to the burden of
repairing the church, and providing for its supply."—
(Hear, hear.) There then, we find that the revenues
of the Church, in former times were clearly and dis-
tinctly applicable to the purposes for which Church-
rates are now demanded--( Hear, bear.) I will now
conic to an authority, that of Lyndwood, Bi; bop of St.
David's, said by Sir J. Campbell to be the highest in
Ecclesiastical Law. What does he say is the Common
Law of the land ? lie wrote in the fifteenth century,
and if he was right in his declaration of the law at that
time, I decl.ire as a lawyer that I know of no change
which has taken place since, that in the slightest degree
affects the law of Church-rates as then laid down by him.
—(Hear.) Bishop Lynde..ood said, 6' By the Common
Law, the fabric or repair of the church belongs to this
day to the rector, according to the appointment and
cure of the Bishop, since under him that fourth due to
the fabric of the church has been transferred to the
rector of the church ; so that he who has the fourth
ought to repair the church. So that at Common Law he
may not be compelled to do this, but certainly by
custom even, the lay parishioners arc compelled t. this
sort of repair, so that the lay people are compelled to
observe this laudable custom." Now, Gentlemen,
1 will quote from another Churchman, Sir John Camp-
bell, or more correctly speaking, Baron Campbell, the
late Chancellor for Ireland. Sir John Campbell said,
" I might cite the epistle of Pope Gregory to Augustine
the Monk, requiring a portion of the tithes to be set
apart for the repair of churches—an act of the Witte-
nivaelnot in 1014, prescribing that a third part of the
tithe shalljbe appropriated for this purpose, and various
decrees of councils, is the It2tll and 13th centuries, to
the same e ff. ct. But all the books of authority, lay
and ecclesiastical, agree in the position, that the burthcu
was at fir(t laid fluid continued upon the tithes." How
does Sir John Campbell account for the change? He
says, " Probably it was very gradually shifted to the
parishioners, and their contributions to the expenst were
purely voluntary."—(Loud cries of " Hear.") Here,
we show that the voluntary principle was in operation
at that time. But he goes on and says, " The custom
growing, it was treated as ais, obligation, and enforced
by ecclesiastical censures."—(Hear, hear.) It is be-
cause I don't want the custom that I oppose the pro-
position for a Churclorate.—(Cheers.) It is big enough,
in all conscience, already.—( Hear.) It has been cal-
culated that 304,0001., more than half a million of money,
is raised throughout the country by Ceurch-ratcs—
(Shame)—and, remember, Gentlemen, in stating this
amount, I am quoting from a parliamentary return.—
(Heer, hear.) It is because Ido not want the custom
to get any fatter or bigger than I stand here, to pro-
test against the sum of 17,000/. being raised in tho
shape of a Church-rate at Leeds.—(Cheers.) Now,
Gentlemen, it will probably he expected thatilshould
give you some particular reasons why you ought not to
grant the Church-rate now asked for.--(Hear, hear.)
If you will refer to the authorities on the subject you
will find that Church rates arc very different things
now to what they were in former times. What were
they ? I shall perhaps_best illustrate the truth Of this
position by again referring to another Churchman,
Archbishop Winchelsea--and mark, Gentlemen, he was
an Archbishop, and therefore you will not suspect that
he would leave anything out which he thought the pa-
rishioners would be compelled to pay.—( Hear, hear,
and laughter.) In one of the constitutions which lie
framed for the guidance of the clergy and the Eccle-
siastical Courts, he recites evea the minutes' thing that
should be subject to a rate. Gentlemen, Ido not find
in this " Constitution" anything said about a burial
ground. Why have I made this quotation? Certainly
not for the purpose of introducing even thet which was
to make you laugh, but for the purpose of showing you
that much has been added to Cnureh-rates since the
days of Archbishop Winchelsea.—(Hear, hear.) Now,
then, observe your danger. You are called upon to in-
troduce a precedent by sanctioning a Church-rate for
the purchase of a burial-ground. I am not here to con-
tend that a burial-ground ought not to be provided. I
maintain that such a provision is essential, but not by
means of a Church rate.—( Hear, hear.) Because you
must remember that a ; arochial burial-ground, pur-
chased by means of a rate, is a ;dace to whch Dissen-
ters could not be p. emitted to carry their dead.—
(Lelia and repeated cries of " Hear, hem.") Tee
children et the denomination to which I belong could
not be interred at the parish church.—(Hear, hear.)
They might be rejected—nay, I may go further- and
say, that it 1 take the canons of the Church as the
guide, it is the duty of the clergy to reject them.—
(H:ar, hear.) Why do I say that the precedent would
be a dai,gcrous one % Let it once be established that
the parishioners, by a Church-rate, are to provide
but i il-ground, and la but the Ecclesiastical Courts and
the Common Law Courts decide one other question,
and then you will, indeed, have a swingeing Church-
rate, because we are told—l won't believe it is possi-
ble until it is decided—that the minority of the parish
can bind the whole, or are to rule the majority, and im-
pcse a Church-rate, which had been refused by the vote
of thousands !—(Loud cries of " No, no.") But,
Gentl men, we have Lem told, both in newspapers and
otter publicetions, that Lord Chief Just ee Tindal
manifestly holds an opinion that the minority of a parish
can govern the whole with respect to Church-ratee.
—(No, no.) 1 have read every word of what Lout
Justice Tindal did say repeatedly aad attentively. I
Lae e. advised on them professionally', and I have con-
ferred with my frieeds upon them, and I never yet
could !lad anything in them beyond this simple decla-
rat.on, that he would give no opinion whatever on the
matter.—(Leughtee) Notwithstanding this, it had
been redreeated, that although he gave no opinion, he
clearly intitrated that he had one at the back of his
mind—(Laughter)—whica he %vouhl !fling forth nt the
proi-cr time in tavour of the supposition that the mi-
nority have tie power to govern the majority. What
has taken pace in consequence ? Wtty, at 13raintreo
end 13radford r (}'.arts hare been made to obtain a
Ciiurch rate. Woat has been the tesult ? Why,
that gentlemen of the highest reputation and character
have had distresses sent into their houses for Church.
rates, varying its amount from Si. to 4s. 93.—(t.0uil
cries of " Shame, shame.") Let it be (once decided
and clearly estellished as a custom— and remember,
G:!ntlemen, customs grow--( Hear, hear)—that the
parishioners tire bound to provide a burial ground
by a compulsory Church-rate, and the next thing
ain be, that the minority will govern the !sonority,
and, as a cons quenee, you may
he met by a body
of Churchwardens and two pa,ishioners, who might
nail on your backs 17,000/, for tie purpose
of buying a burial-grounel.—(llear.) Now, Gentle-
men, Sir John Campbell was in Court and heard all
that Chief Justice 'nuclei said on the subject, and 11,1 e.
ing done so, lie has
ratily defending g"een an opinion that the minority
can't bind tare majority.—( IL at, hear.) Gibson. rialto-
making a rate, satylsiL nrchwertiens in
church are to he made byil ' ttchse
power, of the ch
with the parizthioners assembled, urn public notice given
iannpopritechae,lrpcis,,lniiluaarrlel2l. And the nu jo r
feoirmtrlcaeinrycapradriant,i,ontogoefi
it.leter
I rate, he -.. , they, part of them that shall
(all.lor rtli'acya hear)—or,
kner, the if
1 !elute,a
tl.;e bind
the
P churchwardensarin—
tie not the par islioniei-us
t,
the e rv.
Btosh(bipe
cited and punished in default of repairs... d
cannot direct a commission to rate the parishronhersdablii)a
appoint what each one skill pay. This must . .
1 the Spilt-
by Ow churchwardens and parishioners, a
Nal Court may
the - church-
( Laughter.) Gibson does net y
inflict spiritual
thateensure. tilln they do."-
1 wardens
but
trigoinly toin makei thecase rhaete
iiiiansdesreapnpyoseci r
i:
cunistanees,
I namely, that they arc theuornplo}s'ep.Lrt(ieisicaw,h,oheaatrt.erilitelcit.t.
meeting called for such h p .
's e I
ii` will not detain you further. I reeommend
3-.10-timetno' e a
will.")moethlecieled vote on this subject.—
(Shouts of " We Alir. Cilliffiehlaiarse
has engaged e
ngargetoilretdo
second the amendment.— (Nr ,
amidst loud applause.)
Councillor JOSEPH CLIFF came forward to second
the amendment proposed by Mr. Richardson. H, was
an inhabitant of one of the outoownships, and he stood
there, in their name, to protest against the imposition
of this rate. The rat , was wanted for the? p\uvrochida,stetholef
W
a new burial ground. ho would use that burial-ground?
Was it for the use of the parish generally
' it:habitants of the out-townships inter their dead in ii?
No such thing—it was ler the exclusive use of the
tranship of Leeds.—(Cheers.) Was it, then, fait- ur
right, th et the out-townships should ,be compelled to
pil - for what Leeds only would tile-.—. Shouts of Ne,
no.) It was slid that this was a parish burial ground.
It might be so in nainis,but in point of feet it was not so.
The out-townships cf the borough Lad already provided
their own burial-grounds.—(Hear, heat., and shouts
of
" Put the que Lion—it's one o'clock),"
Mr. EDWARD BAINES, jun , Editor of the Leeds
iliercury, next came forward, but was received with
tremendous hooting, and shouts of " Down him, down
hint," " Throw him over," " Put the question" " It's
one o'clock." " Thou wants us to go away, dolt thou ?"
He made repeated attempts to get a heating, but every
attempt was or t with renewed hooting and exclama-
tions. This was continued for some time. Mr. Baines
not being able to get a word beyond " Gentlemen."
Jostens. BOWER, Elq., said he always liked justice
to be done to every speaker.—(Shouts of " We want
to go to our work.") He agreed with them, that there
need not be any more speaking. Let the question be
' put.—( Hear, hear, and loud cheers.)