The Sun.
London, England, 1819-11-12 00:00:00

PITMAN V. WEST.

This Was an action of assnnlr and fai.e
sonment. At the last Assito at Abingdon, Berks,
a verdict was found for the defendant.

Mr. W. E.TatniToN now moved for a new trial,
on the ground that the verdict below was against
the weight of the evidence in the cause. The case
was this :—The plaintiff was one of the burgesses
of the Borough of Abingdon, and the defendant
had been Mayor of the Borough for the year pre-
ceding this transaction. It was the custom
of the Borough, for the Mayor on going out
of office, to entertain the members of the
Corporation with a banquet. At this time there
were two parties in .the Borough, one the cor-
poration party, anti the other the Anti-Corpora-
tion party, of' which latter the plaintiff was a
member. The latter party had beets described by
the defendant's Connsel at the trial, by the signi-
ficant name of pot-wallopers. The defendant hav-
ing according to custom, given a dinner, the
plaintiff was one of the guests, and having given
an obnoxious toast, offensive to the opposite parry,
the Mayor, as was alleged, ordered the
be taken into custodyby the constables. whom Le
directed to do their duty. The plaintiff was con
fined for aboucthree hours, and he brought his..
action. At the trial the question was, whether
the defendant had in fact given the orders above-
mentioned ? Three witnesses swore positk,ly to_
the fact, and the witnesses for the defendant con.,
tradicted them. The case being left to the 'Jtoy,
they found for the defendant.
The. Con RT no 9 said, that the cpcstion being
left to the J try upon the credit of the respective.,
witne.:+es, it was not a case-for the interposition
of the Court.ltule refused.
-mu=
COURT OF ARCHES, Nov. t it.

RIGHT OF PARISH CLERGYMEN TO PRESIDE AT
VESTRY MEETINGS. •
THE REV. DR. WILSON, RRCToR oF ST. MARY,/

WOoLNOTH• V. ALEXANDER M`MATH, ESQ..
Sir JOHN NICE4OI, this day gave judgment on
the above question, promoted by Dr, Wilson,

against .Mr. Nl'Math, in the for,,, of eitfttion
served and articles exhibited, which charged the
defendant with indecently interrupting rind Pre-
venting the said Rector from presiding as Chairn.lal'„
at a Meeting 0,1 the Vestry; the detendatit
ing to- preside, as of right,. he baying ,been those°,
to be Chairman by a majority of the parishioner'there assembled, to the exclusion of the said R
tor, Dr. Wilson, claiming,. by means of his Officili
Character, the right .to preside as Chairman *VI"
Vestries.
The admissibility of these articles was disputel
upon two grounds :-Ist. Thal the Minister had
no !Wit to preside, opposed to
.the general elect
Lion of parishioners in favour of Mr. 11I'Math4
consequently there could be no interruptions
2dly. That the Court had `no jorisdietinn or at .i
thin ity to suppress- such interruption, on ,
grotrd that the parishioners had a right to elect
a Chairman front among themselves, by a 1114.'
jority of votes.
This suit•was promoted without
,personal anij
mosity, and merely for the purpose of trying the
question, as it applied generally over the whole
kingdom. The Learned Judge observed, that tlii;
Croat-, with the same spirit, would tint wit1:01tl
.
ins opioion on this question, as it was one of coo'
siderable importance to a highly tespectable
of society, namety, tstriblisited Mioiseers ; 3n(
,likewise with respect .to Per where.
Meetingswhere.i
:
sintilar dispntes,tnight frequently rise-. , 7
'l'here,wa.s no express Statote or Canon oue
or other. Such 'right claimed on .the part of I"
Rector nevertheless existed as a part ot the COnti.
mon Law, which was hindittg ors the practice",
the Ecclesiastical Courts; as the EcclesiasticAk
Law itself tested (as did the Common Law) 01)1'
received elision) and usage. In (fie abseoce at,
Canon, .or Statute Law, there was -stilt the exist'
ence of jus non seriphs. This might be taken WO
toljodged cases, or from custom and usage, estr,
Wished by public notoriety. 'nil right
never have been wrestionstl or doubted ; the rtV.
risk Minister presiding by usage and custol-'
throughout the whole realm. The observance O
this general usage. was sufficiently uototioots, al'‘f
unlessit could be !mord improper,•" it was to `7",
take', as bkiring a foundation in Common
right. According to Blackstone, " General costa'
foraed the law." Again, " The first foundatil,
of the law of England was immemorial custoni
The question as referable to costes:as and usage was
this—if such was a reasonable usage. The Commit°
Law was the perfection of reason ; for what W4tf
not reason was not law. If this right of the M''
ulster to preside was not admitted,' the cense'
quence would be that animosities, where till
existed in parishes, would be under no check
authority or controul whatever. The intereili‘
of the poor would not be properly at tended ta'
and thus might be excited all.the angry passion'
of men. It teas to benefit those individuals (11`e-
poor of a parish) that the Minister and Church'
wardens were appointed to look to their support'
and this seemed :o be immemorial a2-age. In
most all Acts of the Legislature relating to fl
rishcs, the Minister was very properly describe
as the first individual, ;sod as an integral r-rt
the parish ; namely. " The pat ish Minister'
Churchwardens, inhabitants or parishioner.si
Vestry assembled." These Meetings Were stricrtY
ecclesiastical, from their relating to the Clooch,
being held in a part of the consecrated building'
And meeting there for an ecclesiastical purpoie""
that of protecting the poor. Although the el:tic
man was appointed by temporary authority,.
was origitteily his spititual.duty, that of his belt',"
the gnat (fiat) of ttse poor, Ave oiling to Priderito"
it became the Ministers and Churehw„meos ter
take care of the poor, and to see that the lo"
rishioners granted them relief. Also,. by the s's'i
tut e of Elizabeth, Vestry 'Meetings were declare
to be for ecclesiastical purposes; that, therefore'
the Minister should -not preside, syntai be
gt units; 'This would be to place him in a &gra' ,
ing situation, in which ,he is not pieced by thl
constitutional law•of the country. The Le
arse,
Judge was ot opinion, that, upon solid principles'
he was to be considered the head of Coe parish.
Je
After citing various cases reported in Sir"'lg
V and Fortescue, and reasoning by analogy I'e,
on, the COURT was inclined to support tree 14".
of the Minister to preside as Chairmen at .6
Vestry Meetings ; that the Coot t had
dietton here, as in the case of restraiOng
rishioners front commit t in, nuisance at the `,l-'
stance of the Minister maintaining such cede;
siastical suits; as for pulling dose!) or erec'')7.
tomb-stones against his will ; neglecting to rel". 6
the church ; platyine, upon the organ, Ste. withoi),
his consent. Upon these grounds, the Court %%I--
of opinion, that these articles should be adoliv
tell; but, in order to be corrected in his
,j:
mcnt, the Judge said lie should wish his deci,i°e
to he appealed from, for the opinion of the
Judges, to whose authority he should yield "'lig
all deference and respect ; and only so far in tll
case the Court Ile6ded on its authority and r'is,
'diction. In the mean time, he directed that the
t/4.
questio:l 5110111 d bC heft open to all appeal, 0, -
suspruding the operation of these articles
ceedings stayed accordingly.

Monday mornini; ore of the convict boYs °lll
boatelthe fl et Yibtll iOll 11,91 k at Shect pets, pl"ngp°,(
a knife into the breast of the lemon appoint
to instruct hint in the article of shi)cmaking'i e
The knife fort nit at ely struck the hteAstbone ; tts
youthful assa.sin was immediately secuted, 9""
exarninatim has been taken of the affetir, by J°l'
CA PPP. It., 'll;tt.

nxteactr
On Tnesday, th-k 911 i inst.. at Barrow 1,3 L ern House,
the Lady of .1. C. kier:ies, Esq. of a daughter.

NIA:111U F;D. toYestefday, Mr. FT. Baxter, of Broad-street-bniklii clad,
Mks itavrti, daughter' of the lzte W. Raven-, i-Csq•"f St''
10-1611.• • •

DIM). ILO
OnsTueqilay last, at Bath, Mrs. Fuwlcr, widow of the
Captain John; Fifinder. Uib rf
On the ill. tug., at Boulogne, on. his %vac to tbe'S O , •1)
France, Benjamin StUrgr, of the Corn•Exchittigo; 16°11deo
his 24l h' yea:. -.
~. 4 .143"
On the 811, inst., at BelmOn Barnet,
.t, East rou,,—,a.
vey,Esq. olPouthin4F-111ace, agetVG',Z.
__.—..••••-• _

• '
Or,
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Ki „;
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lop
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