The Sun.
London, England, 1824-11-23 00:00:00

COURT OF KING'S. BENCH, NOY. 22.

TUE KING v. TUE MAYOR AND STEWARD OF WEST LOO.
The ATTORN E Y-0 1: NERAL moved fora rule to show cause
why a writ of mandamus should not issue, commanding the
Mayor and Steward of the borough and manor of West Loo, in
Cornwall, to bold a court-feet for the purpose of swearing cer-
tain residents as freemen. On former occaainns, a power of
swearing in strangers as freemen had been asserted, but it had
been overthrown in a Committee of the Hou„ of Commons
and there were now persons entitled to vote as residents, who
had not beta sworn.—The Coulyr granted a rule to show
Cause.

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THE KING, ON THE PROSECUTION OF TILE REV. WM.
CECIL, V. CHARLES MADRYLL ESQ.
Mr. ROBINSON moved for the judgment of the Court on the
defendant, who was convicted of a misdemeanour at the last
Cambridge assizes. The second count of the indictment, uron
which alone the defendant was found guilty, charged him
with havin, on the 25th of December, 18'23, at the parish of
Papworth Lverard, in the county of Cambridge, in the church
and church-yard of the parish, unlawfully, willfully, and con-
temptuously interrupted, hindered, and obstructed the Rev.
Wm. Cecil, the clergyman, in reading the order for the burial
of the dead,-and interring a corpse; and with having, in the
said church, by threats and menaces, prevented and hindered
the burial of the corpse according to the rites and ceremonies
of the Church of England. The other count alleged the lay-
ing of violent hands upon two men in the church-yard; but
these were negatived by the Jury.
Mr. Justice LITT LEDALE read the report disclosing the evi.
denee which was published at the time of the trial. •
Mr. SCARLETT rose. It was the anxious desire of the de.
fendant to place the whole of his conduct before the Court, and
show that he was incapable of acting in the manner imputed to
him ; for this purpose he had many affidavits; but as he (Mr.
Searlett) intended to move in arrest of judgment, it would not •
be correct to put in these affidavits at present.
The Loan Cum? JusTict: said, the motion should have
been made before the report was read. '
Alr. SCARLET T expressed his regret that he hail not sub-
pitted his motion earlier, and then proceeded to state the
grounds on which it rested. The defendant had been con-
victed' on the second count only, which stated no assault,
and did not allege that the clergyman was acting in the exe-
cution of his duty. It then merely asserted that the defendant,
by menaces and threats, prevented the burial of a corpse in the
church or churchyard, which a clergyman would have interred
according to the rites and ceremonies of the Church of Eng-
land. Now, if it was possible that all which an indictment
alleged to be done might be innocently done, there was no
; charge of crime, and consequently no judgment could be given.
There were many cases in which a man might lawfully, by me-
naces and threats, prevent a clergyman from burying a corpse.
Suppose, for example, a number of Jews were carrying the
I body of one of their nation to be interred at the synagogue, ac.
cording to their law, and an over zealous clergyman should in-
sist on conveying it to the church, and performing Christian
burial over it, would the Jews be criminal for threatening the
zealot and his sexton with legal consequences in case of their
persisting ; or would it be a crime if they so obstructed the
intended performance of the funeral ? Suppose, again, the ex-
ecutors of a deceased person had determined on burying the
testator at a certain time and place, and a clergyman should
insist on burying him at another time and in another church.
yard, would they be criminal in explaining to him the illega-
lity of his design, and in preventing its execution by menaces ?
Other circumstances might easily be imagined under which it
would be right and lawful to prevent, by mere threats, the in.
terment of a corpse which a clergyman officiously proposed to
bury. If, therefore, all the allegations in the count upon
which the verdict proceeded were consistent with an entire
Absence of moral and legal guilt, the judgment ought to be
arrested.
The COURT, after a short consultation, granted a rule to
show cause why the judgment should not be arrested.