Star.
London, England, 1825-01-27 00:00:00

aied itil;ilzot.

30, STRAND, London ;
And sold In every Town in-the Kingdom.
LIQUID, in Bottles, 6d. Hid. 12d. and Hid. each.
00•9:AsTr. BLACKING, in Pots, 6d. 1.24. and 18d. each.
A Shilling Pot of Piste is equal to Four is. Bottles of Liquid.
lar for WARRRN's Blacking. .

ALLNUTT'S FRUIT LOZENGES, for Coughs,
Colds, Sore Throats, Hoarseness, &c. &c. prepared bolely by
the Proprietor, S. A LLN UTT, Chemist, Portsea; who retuent
his best thanks to the Public for the very extensive patronage
which he has already received, for his highly Useful FRUIT
LOZENGE, and begs to aseure them, that he still continues to
prepare them, with the same scrupulous care as to the medicinal
virtue of the fruit, which has obtained for them so distinguished a
reputation. In Coughs, Sore Throats, and Hoarseness, they have
been particularly useful, the acid (which is solely from the black
currant) tending 'greatly to allay irdiammatinn; and to promote a
free expectoration; they are perfectly harmiesi to the Most delicate
constitutions.—Be careful to ask for Minutes Fruit Lozenges.
Sold irt boxes Is. id. each, by sU Medicine Venders in the
Kingdom.

Dr. SWAMI renewed an application made in afor-
mer Term, for a faculty to empower the parties to pull
down the existing Church of St. Martin Ongar, now in
a dilapidated and dangerous state. The Learned Counsel
stated, that the ancient Church was destroyed by the
great fire of London. in 1666, and afterwards, by an
Act pissed in the reign of Charles 11. known as the
is Fire Act," the parish itself was United with that of St.
Martin Eastcheap, and the latter Church was appro-
priated for the performance of Divine Service as for both
parishes. In 1669, the Rector and Churchwardens of
St. Martin Ongar executed a fib years' lease of the
ground on which their Church had formerly stood to a
community of French Protestants, resident in London,.
saving to themselves the, ground appropriated to the
purposes of burial, and the right to all fees arising
therefrnm. This lease was subsequently confirmed by
Act of Parliament ; and in virtue of it a Church was'
erected on tire site by the French Protestants, who held
the same under the lease in question. The lease was
afterwards renewed, and finally the parties held only as
rinnual tenants. They had, however, for some time lat-
terly, ceased to use the Church, and had no* given up
possession of it. In consequence of its precarious con-
dition, an order of vestry was lately made, authorizing
the taking down of the structure, preserving only the
vaults and tombs in their present condition, provided a
faculty could be obtained from the Chancellor of the
Diocesan to warrant such a proceeding, (ft is intended,
we understand, to rebuild this Church.)
SIT CEIRISTOPHiS ROBINSON now expressed his en-
tire satisfaction with the report of the surveyor and the
proceedings of the vestry. The object of the applica.
lion appeared to be a very proper one, and therefore he
had no sort of objection to direct the faculty to issue,,
as prayed.

THE OPTICS ON THE JUDGE PROMOTED EY RUSIPAN ADAMS

AGAINST TUE REV. GEO. SOMERS CLARE, LL.D.
We have had repeated occasion, for the last two or
three years, to mention the name of this aged and un-
fortunate defendant, who is the Vicar of Much Waltham,
otherwise Great Waltham, in the county of Essex. In the
present cue, the articles exhibited against him related to
a variety of extraordinr a y proceedings and offences, not
less remarkable than those which terminated in the
commencement of 1823, by his being sentenced to a
suspension for two years from all performances of reli-
gious offices, and all exercises of his delimit functions,
and to the payment of a Curate for administering to the
Cure, which would otherwise be vacant during the de-
fendant's suspension, fot the whole term of such sus-
pension, at a stipend to be settled by the Bishop of the
See. The articles now admitted, charged Dr. Clarke
with obstructing the performance of Divine Service, and
impeding the Rev. Mr. Bird, the Curate so appointed
to officiate, in fulfilling his duties in the Church of
Great Waltham—with refusing to the Curate and
Churchwarden the keys of the Vestry-room, and the
communion plate-chest; in consequence of which it
had become necessary, on a Sunday when it was pro-
posed to administer the Holy Sacrament, first to break
open the door of the Vestry-room, and afterwards the
lid of the chest—with advancing in an irreverent and
indecorous manner to the place where the money col-
lected in the offertory was deposited, and carrying away
the same—with frequenting the houses of common pros-
titutes, and committing, on such occasions, the sins of
incontinence and adultery ; and with taking away sotne
of the sacramental wine, under pretence that he had
furnished it, and had not been paid for it.
Sir C. RoattisoN, in giving judgment, took occasion
to express his regret that the lenity which the Court bad
on a former occasion manifested towards the reverend
defendant, and•the forbearance which had been mani-
fested among his own parishioners, bad mot bad a bet-
ter effect upon his conduct. On the contrary, it would
seem that Dr. Clarke's actions had been so extravagant
as almost to raise a charitable inference that his mind
was not p.ecisely in a state of sanity. It might be men-
tioned, to the honour of the clergy, that in the•few in-
stances which, during the last fifty years, had been
brought against them in the Sii_ritual Courts, there were
'but twee on record in which the mental sanity of the
parties had been in any degree questioned. Thus men-
tal affection was proved to exist in a sufficient degree to
warrant its admission as a defensive plea in 4. Washer's
st. Orton,' in 1782; and the same ground in " Dix v.
Huddersfield," which was heard before the Judge of
the Arches in 1792, was considered to justify the miti-
gated mummy of 44 stispeniion," which the Court passed
in that cue. After animadverting on the great scandal

SAIIMAREt, IT HIS COMMITTERS, AGAINST SULLY,
SPALSZLY CALLING H MINIM SA USIA NFL
This was a proceeding by the committees of a lunatic
named Sammie:, in a suit of nullity of, marriage,
against one Charlotte Reilly, by reason of her former
marriage with a man who was living at the time of
her being united to Saumarez.
We shall give the facts, and a brief outline of the ar-
gument, upon reporting the sentence of the Judge. The
parties me Irish, and in low ciriurnstancest but from
the very different form of the lrish licenses from those
issued in England, the question promises to be one of
touch nicety and novelty.
asttrn v. sstwi.
This is a suit of separation and divorce, by reason of
the cruelty arldstdultery of her husband, promoted by
Mrs. Smith, against W. H. Carmichael Smith, Esq.
The public has been several times appriZed of former
proceedings in the matter, which have been had in this
Court; and of the fact that Mr. Smith, having re-
nounced his Proctor, conducts his defence in person.
Mr. Smith appeared to-day at the bar, in pursuance
of the assignation taken down last Term, to be heard in
objection to the costs.
Mr. Dime, the Proctor of Mrs. Smith, moved the
Court to direct his costs to be paid by Mr. Smith, before
taking any farther steps in the cause.
Mr. Smith teemed to be by no means satisfied of the
propriety of Mr. Dyke's prayer, and with great vehe.
mence protested that the Court had such better refuse
it, and dismiss him (Mr. Smith) froin all farther ob-
servance of the suit. (Some amusement was excited in
Court, by the gravity with which this request was
preferred).
Mr. DYER repeated his application to the Courts
Mr. Smith again interrupted Mr. Dyket and insisted
on being heard. He then recapitulated the various
assignations that had been made upon him, with great
precision ; and entered into a detail of facts that were,
possibly, as he said, very important; but certainly they
were not very relevant. He charged his wife's proctor
with having admitted to him, in conversation, that he
thought his wife was, as Mr. Smith had described her
to be—insane ; and promising that when she next called
be would persuade her to go home, and behave herself
properly to her husband. Mr. Smith complained that
day or two after this he was surprised, at being served
with a citation which Mr. Dyke had taken oat, not-
withstanding the opinion he had so expressed to the de.
fendant. Mr. Smith added, that he had received letters
front his wife (who, ke observed parenthetically, was
living in a state of open adultery, in a house in St.
James's-street), informing him that she did not wish to
continue the suit against him; that she never intended
to trouble him again ; that it was nut she, bat the
Proctor, who was pursuing it; and that all she had to
ask of her husband was, that he would send her a cer-
tain *shawl that was in his possession, and of which she
was in great want. Upon these and other grounds, Mr.
Smith contended, that it must be manifest to the Court,
that this had been, from beginning to end, a vexatious
suit, and as such Mr. Dyke could not be, he submitted,
entitled to his costs.

Mr. DIMS renewed his motion for an assignation on
Mr. Smith to pay them.
Mr. Smith desired he would hear what the Court bad
to say upon what he (Mi. Smith) had offered.
Sir Cams Tomlin Rostrum; observed, that, however
irregular the mode of Mr. Smith's proceeding might be,
his statement Was very mach in the nature of a state-
ment of facts; and, therefore, the regular wafts would
have been, not to carry the.matter with so high a hand
as the Court conceived it had been attempted to do, but
to meet such a statement by an explicit answerb

Mr. DYKE contended, that he had already, in acts of
Court, denied the greater part of those facts to be true;
and to the whole he now objected their utter irrelevancy.
The Court wished this done in a More formal manner.
Dr. Ptattameoas warmly contended, that the very re.
spectable practitioner before the Court bad acted in a
manner most strictly conformable to practice ; and that
if any blame were imputable for avoiding a mode of
pita chat could only tend very unnecessaryly to increase
the party's expenses, it must lie with him (Dr. Phial.
more) who had advised thecourse which MrsAyke had
taken.—The Learned Counsel was proceeding, stancr.,.;
Mr. Smith complained that he was interrupted, •1 •
called upon the Court— . rj
The RIGISTRAtt requested him not to interpose when
Counsel were speaking.
- Mr. Smith begged the Registrar not to interpose
when he was addressing the Judge. He called upon
the Court to shew, by its decision on the prayer he
made, both to suitors and to the Public generally, that
this was a tribunal before which wives and husbands
Haight obtain redress ; and not one that would merely
interfere to sanetioa vexatious suits, instituted or I,erse.
vered in.with a view merely to the emolument of the
Proctors themselves by whom they were conducted.
He now begged to remind the Judge that he had gives
in an act relative to another Proctor.
This Gentleman, *Wake, begged to state to the
Court, that he had read Mr. Smith's Act, and if the
Court would be pleased to direct the Registrar to read
it now, he should be very happy indeed to abide the
Court's judgment upon Mr. Smith's own statement.
Mr. Smith rtproved Mr. Blako.-412. Dyke 'pia tattle. Me
also rebuked by Mr.
The Cosa: mid it should expect a more formal answer fries Mit.
Blake also.
Dr. PuILLIMORS contended that t►e who proceadloe a the
of the pracetioners hid been perfectly rqpihr.
The JUDGE, after construing with Counsel for a few
moments, endeavoured to shew Mr. Smith that kited
not stated any MUM 01:11 COl4ll =non Ilk POW*

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4111,11013111, Pelting' *as therefore' declared to
• overrated
A seine of rather more confusion than ordinarily takes
place in these quiet and well-regulated Courts no*
limed. Mr. Smith appeared very suddenly :o be by
ens means so anxious that the Judge aloes- should be
beard; hut he still continued to interrupt the Proctor
Obis wile, his own Proctor, the Counsel, the Registrar,
and the Court ; asd finally he complained that he was
not Abused to be heard.
SICORISTOPEISR ROBINSON expressed iris willingness
to hear anything that was relevant to the question
before the Court.
Mt. Smith then attempted to impress upon the Court's
mind, the extreme expediency of his being forthwith
dismissed from all fat Cher observance of the suit, and
the payment of Mr. Dyke's bill.
Sir C. RoatssoN said, that there was no question at
present of dismissal from the suit before the Court, and
he could not sit there to hear irrelevant matters, having
an imp ,itant engagement to attend elsewhere.
Mr. Dyke obtained a monition, warning Mr. Smith to the pay-
Swot of his costs.
Dr. Lee, as asticast curia, Wen addressed the Conn.
He began by stating that he was not aware of the
merits of this case; but as the Counsel who had assisted
Mr. Smith with his advice was not at present in Court,
be begged to submit—on behalf of a man who appeared
to be a friendless and unprotected individual—that Mr.
Smith's prayer appeared to be a very reasonable one;
and the Learned Counsel added the expression of a
hope, that under the circumstances which had been,
stated, the Court would see reason to dismiss the
party horn a suit of which it was stated these was now
no longer a prosecutor. The Learned Counsel had un-
derstood his Worship to sax, that he had an engage.
ment else.. here: but really Ile was at a loss to account
what more pressing or important engagement his
Worship could attend to, than listening to the prayers
of poor, and it might be, oppressed, suitors in this Court.
Sir CHRISTONIER Roe INSON.—You have offered the
:best ar,ology, Sir, for your address to the Court, by
stating at the outset that you knew nothing of the case
which i, before me. I ousts that the Court, however,
is sufficiently competent to the discharge of its duties,—
to decide upon the proper course it should pursue,
without receiving advice from you, Sir.
Mr. Snitch was cot the point of again opening the case, when the
Registrar declared the book to be over, and the Court broke up.
TITIIE CASE—Beroac sus IRISH PRIVY COUNCIL.
Saturday, a case was heard before a Committee of
the Pi ivy Council, in which the inhabitants of the town
of Wexford were the appellants, against an application
of their Rector, the Rev. Charles Strong, for the levying
of Minister's money on the houses of the said town, in
confirmation of a valuation he had obtained, pursuant
to a very old Act of Parliament, the 17th and 18th of
Charles 11. The preamble recites, " That there are
Small or no tithes settled by law upon the incumbents,
who have actual care of souls in the city of Dublin,
and in other cities and towns corporate in the kingdom
of Ireland," &c. and it is then enacted, " that the Lord
Lieutenant and Council may allot and charge Minister's
money." The Rector conceiving that the cioAumstances
of his benefice brought it within the provisions of the
said Act, set forth in his memotial, that the town of
Wexford, in which his glebe house and parish church
are situate, is a corporate town, and the householders
pay him no tithes or other duties in return fur " hip
great expenditure CA their spiritual comfort."
Tne itrh thitants, in answer to this allegation, sub-
/flitted to the Privy Council, in a counter memorial,
that the Act of Charles 11. 17 and 18, was only in-
tended by the Legislature to enable the Pt ivy Council
to provide for those Rectors whose care of souls being
solely within a Corporate town, and having no titheable
land attached, would be destitute of income—that said
Act could not apply to the. living, of Wexford, which is
composed of a Union of some large parishes, contain-
ing upwards of nine thousand acres of titheable land of
prime quality, mostly under tillage, the farmers of
which are in comfortable circumstances, and of such
peaceable habits, that there is no,obstruction to the col-
kction of tithes—that the sole trade of the town being
the exportation of titheable produce, afforded a strong
inducement to the tarmeis of the Union to keep
their land in that form of culture most profitable to
the Rector—that so far from the householders of
the tovin contributing nothing towards the Rector's
income, they actually held upwards of one thousand
titbeable acres within his parish; so that if Minis-
ter's money were to be levied, they would be con-
strained to pay the same Rector in their twofold
eapaeity as householders and landholders—that
the great bulk of the inhabitants of the houses from
which he sought this impost were very poor, be-
ing shopkeepers without business, fishermen, and a
wretched labouring population, almost destitute of em-
ployment—that his " expenditure for their spiritual
comfort" could not be " very great," inasmuch as the
greater proportion of the inhabitants were of the Roman
Catholic religion—and that, finally, the income of the
parish, arising from tithes alon., was most abundant
for the spiritual and temporal purposes of the living ;
in proof of which, they mention that Archdeacon Elgee,
late Rector of Wexford, of whom it is not too much to
say that he died universally regretted, as he had lived
beloved by all his parishioners=-he was one whose mo-
deration has been scarcely equalled—whose charity knew
no bounds—whose liberal and pe sceful habits, as a true
Christian Minister, they trust, will he imitated by all his
successors—that the said Archdeacon, shortly before his
decease, in 1823, ordered his Proctors to value the tithes
of the Union; 'his directions were, in doing so, on no ac-
count to exceed a 16th ; and where any doubt arose as to
the value of the crops, always to bear against the Rector.
—According to this valuation, the tithe to which he was
entitled as Rector of Wexford exceeded 9001. and as an
additional corroboration of the accuracy of the Memo-
titbits' estimate of the income of the parish, they sub-
mitted, that the Bi,hop of the Diocese, (and no one will
dispute his Lordship's acumen with regard to Church
property) having instituted an inquiry into the revenues
of the Union, previous to disposing of the vacant living,
was so well satisfied that the income arising within the
parish of Wexford alone was quite adequate to the ex-
poses of the Rectol, that the dignity and emoluments
of the Archdeaconry of Leighlin, and the Surrogateship
of the Diocesan Court, were severed from the living of
Wexford, though hitherto enjoyed by the Incumbent of

strength and justice of their cause.
to be heard before the Privy
~ their final decision.
having heard Counsel on both sides,
to report to the Privy Council,
.C. Strong did not come within
of Parliament.

______
-

that parish.
Relying on the strengtl
She inhabitants prayed to
Council. previous to their
The Committee having
ilallotillced their intention
that the claim of the Rev.l
*simulation of the Act of