The Sun.
London, England, 1828-11-22 00:00:00

TO THE CLERGY OF THE DIOCESE

OF ROCHESTER.

GENTLEMEN,—Having seen a publication to
which you have all (with .very few exceptions)
affixed your signatures, permit me, as a resident
within your diocese—as a proprietor of land in
several of the parishes to which you belong.—as
a neighbour, and as a friend, to address yOu,.and
to state some reasons which induce me to think
that, " mindful as you are of the sacred character
of your. profession, and greatly averse from
mingling in matters of a purely political nature,"
the present is not an occasion which justifies any
deviation from that excellent general rule. I trust
I am sufficiently known to some of you, and that
all will judge me with sufficient candour to en-
able me to claim for myself the credit of a firm
and sincere attachment to the Established Re-
ligion, of imbich you are the Ministers—an at-
tachment which, I think, in more than one in-
stance, my conduct has proved ; but I cannot
bring my mind to think with you that the in-
terests of the Established Church are implicated,
in the manner you suppose, in the great political
question which has so long agitated, and now
more than ever agitates, the minds of all descrip-
tions of persons in the United Kingdom. It is,
or strictly speaking, a political, not a theological
question, except inasmuch as the histories of all
sects and religions—the history of the world, and
of human nature itself—sufficiently prove that
erroneous opinions may be reclaimed by kindness
and forbearance, but never can be by harshness
or severity. If other examples of this truth were
wanting, it would be sufficiently established by
the example of Ireland ; where, under a system
of exclusion the most elaborate and well-con-
trived that ever existed, the relative proportion
of Roman Catholics to Protestants is greater
than at the first enactment of the Penal Code.
The more odious and galling restrictions of that
system of coercion have been gradually removed,
till at last, by the Act of 1793, the lower orders
of the Roman Catholics have been invested with
power, to the undue and mischievous exertion of
which they have been driven by your continued
and obstinate exclusion of the educated, the
wealthy, and the noble, on account of the errors
of their faith. - But supposing, for the sake of
the argument, that the genius of the Romish
Church is " unchanged and unchangeable," as
you assert, and " that it has now taken ad-
vantage of a prevailing spirit of latitudinarianism
to promote its own designs of enlargement and
aggrandizement," I beg to ask by what possible
process the immediate admission of a very few
Peers of some of the first families in the king-
dom to the House of Lords, and the eventual
admission of a very small number of Roman
Catholic Members into the House of Commons,
together with eligibility to office under a Pro-
testant Sovereign, can effect their supposed ob-
ject ? You will, perhaps, question the probable
admission of a small number to the House of
Commons. As far as the representation of
Great Britain is concerned, it cannot be doubted
(and a large proportion of those who know Ire-
land best will agree with me) that, the present
sense of injustice once removed (by which alone
the Catholic Association exists, which is only
the union of millions as one man to resist and
resent that injustice), the power of time Priests, of
the demagogues, and of their followers the people,
will cease, harmony will be restored, and pro-
perty, which is for the most part in the hands
of Protestants, will resume its natural sway.
But you are alarmed for the safety of that Church
of which you are the natural guardians, and over
the interests of which it is . your duty to watch.
Consider, I beseech you, the real nature of the
danger to which the Establishment is exposed.
You have set before your eyes two phantoms of
a different nature—Popery, with all its ancient
horrors,—and that you are pleased to call latitu-
dinarianism. You appear equally to dread the
evil designs of those who believe too. much, and
of those who believe too little. With regard to
the first, permit me just to hint, for your serious
consideration, that as long as the Ministers of
the Established Church place themselves, as you
have done, in the front of the battle, and appear
the most strenuous, powerful, and active op-
posers of all concession to the Roman Catho-
hes, they will exert the tremendous power which
their exclusion, and that alone, gives them,
against the Establishment. Remove the civil
disabilities, and the religious animosities will, in
a great measure, cease ; and, permit me to add,
that " form and sound doctrine and ancient dis-
cipline, which the State has taken under its
protection," will be better " supported by a mild •
spirit of kindness and conciliation to our erring
brethren, than by the spirit of crimination and
censure which pervades the document which I
am attempting to answer.
The merits of the pure form of doctrine we
profess will then shine forth in their native
lustre, unalloyed by the dross of political conten-
tion ; and the slow, but certain, progress of
isusli will be promoted by mutual kindness and
the increasing diffusion of knowledge, instead of
being retarded as it is at present, by the bitter-
ness of party violence, and by the ill-judged and
abortive attempts of proselytizing zealots. And
this brings me to consider what appears to me
the bugbear of latitudinarianism, which means,
I suppose, infidelity, or indifference to all forms
of religion. That this exists to a certain extent
in this, as in every other country, cannot be
doubts, but less in these islands, I am firmly
persuaded, thasi in any other. Irreligion is not,
and never has been, tiic besetting sin of this na-
, tjon ; but fanaticism has. That has once sub
verted the Monarchy, and if any real slaver
threatens the 4stablishment it is from this source,
rather than from the other. lam addressing a
body of Clergymen who, in the sober and con-
scientious exercise of their sacred duties, are as
fai removed from enthusiasm and cant as they
are fr©m indifference to the pure form of (Joe-
-1 trine•which they teach. But are they not aware
.of, or do they not see, a very different spirit ex-
tending itself in every part of the King's domi-
nions ? P
Is tiler n 13rOUS powerful, and
rapidly-increasing sect growing ins in the very
bosom of the Church, and professing its .dpp-
trines, but inculcating different rules of conduct,
anui e:c.n intolerant and overstrained sanctity,
' which, if it ssere to become general, must end in
the dissolution of ali ci;il society, and the sub-
version of the Established Cimrcb2 and of the
Monarchy itself?
have thus, Gentlemen, in the spirit, I trust,
of Christian .charity and of neighbourly kindness
which I feel towards you, brought forward some
of the reasons which induce see to dissent from
xhp tincument you have thought fit to 1)040,
Permit me, n conclusion, to remind you that
tue wQrth.y susd reskecatable Prelate who presides
over you
has, by has vote F4ylial.wnt, recorded
a different opinion from that which you have
been so anxious to promulgate. I have the ho-
nour to be, Gentlemen, your faithful and
obediin,t L7ervant,
Cobham-hall, Now, ifj, PARNLEY.

LAW INTELLIGENCE.

COURT OF CHANCERY, Nov. 21.
IN RE THE CHIPPINO-SODBURY SCHOOL.

In this case, which we gave in part yesterday,
after Counsel had been heard on both sides, judg-
ment wss postponed.

COURT OF KING'S BENCH, Nov. 21.
ROWE, EXECUTOR, V. BRENTON.

Mr. Illingwortb proceeded to read sworn copies of
the Rolls of the different Assession Courts for the
Duchy of Cornwall, from an early period in the
reign of Edward 111. to the close, for the purpose of
showing that both the free conventioners and the
native conventioners of the manor of Tewington re-
newed their holdings every seven years on payment
of a fine.

Mr. Harrison then produced the assession rolls
of the sth of Henry VI., *lid stated that all the
rolls between the time of Edward 111. and that
period were lost.
Mr. Illingworth read them to the jury. They were
produced for the same purpose as those of the reign
of Edward 111. It turned out, however, that the
manor of Tewington was not included in these rolls.
Several other assession rolls were also read.

It appeared from the evidence of Mr. Harrison,
that the series of assession rolls was frequently in-
terrupted from the time of Elizabeth to the 30th of
George 11., when they ceased altogether, and the
entries began to be made in books. There was no
mention of the manor of Tewington in the books
after the date of 1798, which Mr. Harrison accounted
for by the circumstance of the manor having been
sold at that period.
Various entries from the Assession-books were read,
to show that the conventionary tenancy was of a
mere copyhold nature, the tenants having the right
of perpetual renewal; and that the same tenure
which had existed before, and at the time of the in-
stitution of the Duchy, had continued to the time
of the purchase of the property in question by the
person under whom the late Mr. Joshua Rowe
claimed. The surrender and admission of Mr.
Rowe's immediate predecessor appeared to have
been made in a similar form to those which had
been take❑ by the tenants of the Duchy manors
several centuries ago.
Mr. 11lingworth stated, that lie had examined the
Assession-rolls and Ministers' accounts from the time
of Edward 111. to the latest period, for the purpose
of ascertaining whether the rents paid by the con-
ventionary tenants, and the fines and tolls of tin, and
the old and new acknowledgments, as entered in the
Assession-books, corresponded with the entries in
the Ministers' accounts. Witness was engaged in
this business several months. He found the entries
to correspond, with a few trifling exceptions.
Mr. BROUGHAM objected to this evidence as in-
conclusive.
Lord TENTERDE over-ruled the objection, ob-
serving that it was the usual and best evidence that
could be given on such a subject.
The grant of the four Stanneries, in Cornwall, in
the third year of King John, and the confirmations
of it in several subsequent reigns, were put in; and
extracts from them were read by Mr. Illingworth ; as
were also extracts from the Acts of Convocation, in
the 26th George 11. The enrolments of several
leases of Toll Tin, in the manor of Tewington, and
several other Duchy manors, granted by Queen Eli-
zabeth, James 1., and other Monarchs, were also put
in and the entries read. These documents were re-
lied upon to show that the soil was always considered
as distinct from that which was beneath its surface.

A person of the name of Tregoning proved the
receipt of tin-toll for a party claiming under the
Duchy title, between 40 and 50 years ago in the
manor ofTewington, and several other Duchy manors.
Another witness stated that he had taken the toll in
some of the Duchy manors (but not Tewington),
from the year 1805 to 1810. An old man of the
name of Organ also proved the taking of tin-toll at
several places within Lemellon Moor. Two of those
places were called Sandrycocks and Porth, which
were stream-works. Tin-dues in the stream works
in Rowe's Lemellon were paid to the Duchy.
Several papers called " Tin Bills" were then pro-
duced by a person of the name of Pearce, the son of
the late purser to the Porth stream-works. Mr.
Calenzo, an adventurer and bound owner, explained
that these tin bills were papers given to the pursers
to enable them to settic with the adventurers and
bound owners for the tin•dues. The bills, with the
receipts annexed, dated in the year 1786, were then
put in and read. The receipts were "for tin-dues in
the stream-works at Porth belonging to the Duchy."
Mr. Calenzo stated, that he had been a bound
owner over Carthew's Le Mellon for nearly twenty
years. The limits of his bounds extended over en-
closed lands. Part of the enclosures were known
as Duchy land. He had received tolls, as an ad-
venturer, for the enclosed lands. He had divided
part with the Duke of Cornwall and part with the
land-owners. On cross-examination, he stated that
he had always paid for the renewal of his bounds.
No tin had been worked upon Carthew's Le Mellon
during the last 20 years, and therefore he had re-
ceived no dues in respect of that.
The proceedings of the;day were closed with the
examination of this witness, and the Court adjourned
at six o'clock. •

PREROGATIVE COURT, Nov. 21.

MARSH AGAINST TYRRELL AND HARDING.

Dr. LUSIIINGTON concluded his argument this
day, by contending for the validity of the will of Mrs.
Harding, on the ground that it was her voluntary
act, uncontrolled by her husband. Mr. Harding was
justified in urging his wife to withdraw her concerns
from the hands of Mr. Marsh, after the failure of the
banking-house through the affair of Mr. Faunt-
leroy. All his concerns were then in confusion, and
considering- the situation of Mr. Marsh, in rela-
tion to the deceased, being her trustee, banker,
and agent, this course was not only justifiable,
in Mr. Harding, but imperative upon him. The
Learned Advocate then entered somewhat at
length into the subject of the deeds executed by
Mrs. Harding in favour of the Marshes prior to her
marriage, when she was a femme sole, and could have
disposed of her property without the aid of trusts.
There was nothing in the conduct of Mr. Harding
to render it improbable that the testatrix would,
lfter marriage, make the bequest to her husband
rather than •to a stranger. The truth was, that
when the whole conduct of the Marshes was ex-
plaiwed to her, it had awakened her indignation,
and the transfer'of the property from them to her
husband was the necessary consequence of the dis-
covery.
Dr. Nicnom followed on the same side.

Dr. PHILLIMORE, for Mr. Harding, would not
have spoken, except for some reflections upon the
conduct of Mr. Harding as inconsistent in separating
himself from the executor in this case. In this he
had acted under advice with reference to certain
deeds, the validity of which would be a subject of
consideration in another Court. Mr. Harding stood
before the Court on the general policy of the law,
which favoured the transfer of property to the
husband.
;r ff, JEER will commence his argument for
Mr. Marsh to•trorrow,

STATE OF TRADE.—The demand for twist
for exportation continues brisk, and on Tuesday a small
advance was generally obtained upon low numbers. There
is 0172 we are happy to say, every appearance of a steady
demand for this article during the water, as when the
shipments for the continant haye keen completed, the pur-
chases for the Russian market will commence. We are
sorry we cannot speak so favourably of the demand for piece
goods: This is exceedingly had, both in the foreign and
home trade; but as the market is generally dull at this
season, the present state of it does not furnish any just
grounds for alarm. Though wages are lower, we believe
that all hands are employed. We are happy to say that
the commercial embarrassments, Wllic4 have created so
sic distress in Glasgow, have pot reached this town
and we hope that the mpre solid system of trade which is
pursued here will now, as oil former occasions, preserve
Manchester from those losses to which its extensree busi-
ness might otherwise have exposed it, —llfanhester Paper.

POLICE INTELLIGENCE.

MARLBOROUGH-STREET.

Yesterday Elizabeth Murphy, the woman who
has been in custody for some days past upon a charge
of robbing Mr. Verrey, the Swiss confectioner, in
Regent-street, in whose service she had lived for
some time, was brought before Mr. CONANT, the
sitting Magistrate, for final examination.
A vast number of pawnbrokers attended, and pro-
duced a great variety of articles of property, such as
sheets, table-cloths, towels, male and female wear-
ing apparel, &c., -which the prisoner had pledged
with them, and the whole of which Mr. Verrey, who
gave his evidence by means of an interpreter, iden-
tified as belonging to him; the wearing apparel was
partly for his own wear and partly belonging to his
deceased daughter; and many of the articles had
been stolen before and some since Miss Verrey's death.
The prisoner admitted the robberies at Mr.
Vertey's, and had nothing to urge in defence, except
that if permitted she would make up to Mr. Verrey
the full amount of what she had pledged the pro-
perty for.

Mr. CONANT said, that the prisoner's conduct was
of the most atrocious kind. She even took the op-
portunity while Mr. Verrey, a foreigner and a stran-
ger, was suffering under the loss of his daughter, tin-
der the most heart-rending circumstances, and while
even the poor man was confined to his bed by ill•
ness arising from that loss, to plunder him of every
thing she could lay her hands on.
Clements, the officer who attended at the funeral
of Miss Verrey, said that the prisoner on that occa-
sion was more than any other of the domestics re-
markable for the abundance of her sorrow.

The prisoner was fully committed for trial.

FIRE AT THE KING'S NEW PALACE.

On Thursday night, about half-past six, one of the
workmen's sheds, in the space between the wings,
took fire, and burnt rather furiously for about an
hour and a half. The water at Buckingham-gate
was let loose in readiness for the fire-engines, which
latter arrived in about two hours after the fire had
burst forth. By the time they arrived,the fire had
burnt out. During the continuance of the fire the
people, especially the military in their undress, were
running to and fro in all direction, and the gravel
heap in the Park, in front of the Palace, was
crowded with spectators. No accident of any de-
scription occurred. As to the Palace, it was never
in the least danger.—Morning Herald.