Star.
London, England, 1829-10-08 00:00:00

COMMITTEES REPLY.

I. The Churchwar.ens assert that, " the Select Vestry has ex-
isted from time immemorial," that is, ever siree t. .e year 1:89 ;
now for proofs to the contrary :
PROOF I.—The &are, or sentence, of the Archllishots of Can-
terbury, the Bishops of Winchester and Salisbury, and other,, made
in the year 1222. shows that the Parish of St. Margaret then con-
tained the whole space, from which the six maiming parirLes have
since been taken, viz. St. Martin, St. James, St. George, St. Au.,,
St. Paul, Covent Garden. and St. John.
This well known decree is conclusive evidence that tr• relect
vestry had existed from time immemorial ; this important docu-
ment the Lord t }lna Justice rejected, at the trial in iti27, necause
Mr. Vincent, tit? keeper or thr records at Westmaister, when he
produced the ancert book in which it is reguaered, was ur...ble t •
swear that he knew tar entry to have been made In the yin 1222.
But the following Letters Patent show, :hat the pariah was nut
formed till 4CO years after ; therefore, to te the wn:d4 of the
Lord Chief justice Temerden, in his bumming up. '• It there w..s
no parish, of course there could be nu select vestry. "
Pamir Letters Patent of King new), the Bth, dated
1542 :
"Do will, zrant, and ordain. that all those buildings or Msses,
and other tithable places, which are between the parish rat St.
Clement without the bars of the New Temple, London, and our
royal palace of Westmin-ter, and which hitherto stood in. and weft
parcel of the parish of ithe said church of ht. Margas et, together
with the inmate. and inhabnauts thereof, shall hunt heitcelt rth
and he deemed to be of, and it: the parish at the said church of St.
lar: in-in-the- Fields."

Paoor 3.—The letters patent of King James 1. fourth year of
his reign, 1607, recite,
Th.t ICrig Henry VIII. caused the church in tht. parish of
St. Martin tube erected, and made a Garish there."
Paoor 4.--select Vestry appointed by the Bishop's Faculty i."
166% :
" Gilbert, by the providence of GOD, Bishop of London, to tbs.
Vicar, Churchwarti.:ns, and Parishioners of the parish of St. Mar-
tin-in-the-Fields, in the county of Middlesex, and of our dim' n-
and juri,clictls n of London, strs.'eth greeting in cur Lord Gnoever-
lasting : whereas divas vertu's§ ut honour, worth, and reputa-
tion, within your parish of St. Martin aforesaid, viz Charles
Seymour, Roc. [arid twenty three-others], have, by way of peti-
tion for and id the name of themselves and the rest of the said
parishioners, represented unto us, :did to the right worshipful
Richard Chaworth, Doctor of Laws, our Chancellor, that, during
the :ate unhappy times of trouble and disorder within this realm,
the public affairs of the said church and parish have been nicer.
skated to be managed by persons not mmitted thereunto by the
authority of the diocesan, az ordinary of the place, in whew power

i

1€

alone, (as they conceived) the regulation and ordering of business
of that nature most properly and peculiarly ought to reside and
that many persons of quality (parishioners of the said parish) very
fit to he entrusted with business of that nature and concernment.
are. notwithstanding unwilling to act. unless lawfully appointed as
aforesaid ; by which means the good and benefit of the said church
and parish hash been, and still is, very much obstructed ; and
therefore humbly desired that, according to the manner and prac-
tice of and its other parishes within our diocese, we would be
pleased to grant and confirm unto them a select vestry consisting
of forty-nine pawns, all parishioners and Inhabitants of the said
parish.' "We therefore, the Bishop and Chancellor aforesaid,"
have and do, by these presents, for us and our successors, ap-
prove and allow of this their petition.; and (as far as by the laws
and constitution ecclesiastical of this realms, and temporal laws of
the same, we can or may) have and do. by our authority ordinary
and episcopal, order and decree, that from henceforth there shall
be a set or select vestry established in the said parish."—
Lord Morrow " The faculty, praprio vivre, is a dead letter."
Lord TRIZTILDEN : " The faculty has no validity in law."
Paoor s.—The Vicar and Churchwardens admit the above ap-
pointment in th, following petition to Parliament in 1695. The
Churchwardens deny this fact in 1829.
" A petition of the Vicar and Churchwardens of the parish of
St. Martin's-in-the-Fields was presented to the House and read ;
setting forth, that the said parish greatly increasing with inhabi-
tants, a select vestry of forty-nine persons, besides the Vicar and
Churchwardens, was, by instrument, under hand and seal, insti-
tuted by Gilbert, Bishop of London, 1662, and in 1673, con-
firmed by Humphry, then Bishop of London : That the said
vestry, by successive elections bath ever since continued ; and
managed the affairs of the said parish, to the satisfaction of the
inhabitants; but the petitioners are informed there is a bill de-
pending in the House for regulating of Select Vestries, and pre-
venting abuses arising thereby ; which may tend to alter their said
constitution : and playing, that they may be heard, by counsel,
before the said bill do pass this House." Dated 1695.
PRODP 6.—The vestry confirm the above fact, of the Bishop's
appointment in 1774.
Ordered, that the faculty constituting this vestry be read an-
nually on Easter Nionday."—Testry Minutes.
The fact of the legal right of the parishioners to elect themselves,
and the mode of so doing, are not denied by the churchwardens,—
We have the authority of Lord Chief Justice 'fenterden for the
following Important fact, who said, upon the trial in 1827,
" If it had been thought essential to inquire into the mode in
which the select vestry was anciently chosen. whether by the pa-
rishioners at large, or by they themselves filling up vacancies in
their own body from time to time, that should have been presented
to the consideration of the jury by a question distinctly propounded
on the record, which, on this occasion, has not been done ' • it may
he done hereafter, if ever it should be thought necessary, but, upon
the present occasion, it has not been done."
It appears, from the records of the parish, that the Church
Rates have 910, always been made by the select vestry ; and, as
proof is better than assertion, we give the facts from the vestry

Minutes :
" A Public Meeting of the Parish, in the Vestry, August 10,
1663 • concerning the rebuilding of the tower," (of the church).
" Resolved, 1. The tower to be repaired according to the model
and estimate brought in by Captain Ryder, the sum of the estimate
being 1,7801. 12s.
" 2. That three times the rate which was for the poor in the
year 1662, is to be made upon the inhabitants of this parish.
" 3. That the said rate be paid at three several payments; the
first payment to be at or before Christmas neat ; the second to be
by or before Midsummer ; and the third payment at or before
Christmas, 1664.
" 4. That the gentlemen on the other side, aforesaid, be the Col-
lectors of the rates aforesaid.
" S. That Mr. Burgh • be the Treasurer of all such sums of mo-
ney as shall be freely given or collected by the several collectors,
and by him to be paid to the workmen as the work goes on."
• Note—Mr. Burgh, appointed Treasurer, was neither a Church-
warden nor a Vestryman.
Osseays.—This took place the first year after the illegal ap-
pointment of the Select Vestry, by the Faculty of the Bishop; and
the parish books show, that the newly appointed Select Vestry did
then first unsuccessfully attempt to make the rate. The first rate
made by the Select Vestry, was in the year 1799, without any law-
ful authority.
111. The Churchwardens and the Vestry know, that these ver-
dicts are directly opposed to truth, as the parish books unequivo-
cally testify.
" Register Book of Parish Officers, from 1611 to 1730."
" The Parish Choice of Officers, for the year 1638."
" The Parish Choice of Officers, for the year 1640."
" A Vestry held by the Ancients of the Parish, 1641, to choose

Sidesmen, and Over

Officers."
" The parish choice of
sers, 4th of April, 1643."
" Churchwardens chosen at a vestry by the parish, on Monday
in Easter week, 1648 "
" Monday, 31st of March, 1651.
" Confirmation of officers, the parishioners being present."
" A Public Meeting of the parish, 1656."
Parish officers confirmed—
" Parish officers for this year, 1661, chosen on this 15th day of
April, being Monday in Easter week, the publique coming in."
The Vestry minutes of that day sbew, that a few unlawful per-
sons claimed the power, on the Thursday before, to the right of
nominating the Parish Officers. " The publique coming in" on
Telonday, soon settled the question by striking out the names of
the select nomination, and appointing a new set of Officers, who
served the office the following year.
IV. As the Churchwardens have not denied the right of the pa-
rishioners to elect the Evening Lecturers, the Committee have only
to refer again to the parish books, in order to refute the statement
" that the Vestry ever agreed to pay the Lecturers out of the

Rates."
" Ordered. That the lecturers for the time being be allowed 120/.
per annum, and that the Churchwatdens do pay the same half-
yearly ; and that this vestry •do make good the same out of the
funds under their direction."—Vestry 51inutes, Dec. 6,1613.
This entry proves that the Churchwardens' after paying the
lectures out of the pew-rents, are reimbursed by the select vestry.
out of the church-rate, that being the only fund under their di_
rection.
V. The Churchwardens,assert, that " the management of the
poor is altogether independent and unconnected with the 'vestry."
Is it possible that any acts or words can exhibit a stronger proof of
the evil of irresponsible select vestries than this admission? Here
is at once the true picture of the system ; the accounts of the
overseers of last year strew, that several " gentlemen of the
vestry" have been the principal receivers of the poors-rate
money, by supplying the workhouse with the articles in
which they respectively deal ; for which act, had they been
a lawful select vestry, they would have subjected themselves to a
heavy penalty. The Parish Books chew, that front the earliest
period, the inhabitants did rate themselves, and audit their officers'
accounts in vestry, and then submitted them to the Magistrates for
their final approval ' • and the parishioners, being rate-payers, are
at Midsummer and Christmas invited by a public Notice given out
in Church to attend in vestry, under the denomination of " The
Ancient Inhabitants"—let every parishioner on those occasions at-
tend and do their duty.
The Churchwardens have voluntarily introduced the fact, that
the vestry have been charged with injudiciously expending the
parishioners' money : this " fact" they do not deny, but they
make an apology that it has only amounted to one penny in the
pound ; yet it will be seen by a reference to the Parliamentary
Report, 1828, that these pennies only, amounted to the smaU aunt
of 240,000 ! !!
The Churchwardens now invite the inhabitants to inspect the
accounts, a right which a few weeks ago, in vestry, and at the
Public Office at Bow-street. they publicly declared" their deter.
mination to oppose by every means in their power." The pa-
rishioners have therefore only to refer to the fifth resolution, and

act accordingly.
VT. If the Churchwardens wrote the statement to which they
have unfortunately affixed their names, every patishiouer that
knows them will at once acquit them of all intention to mislead ;
but it is a singular fact, that the Resolution in which they say their
names are introduced, and which caused them to write, has been
by them altogether left unanswered.

Vtoonous OLD AGE.—Three persons, a man and
two women, worked together as reapers during the last harvest at
Antonshill, in Berwickshire. the property of General HUNT'S, and
they kept up with the beat shearers in the field, though their
united ages amounted to 210 years. One of them had shorn for
52 years, and was never, durirg that period, absent a day from
work .—(liiso Mail.)
Much to the disgrace of the innkeepers and pub-
licans of Westmoreland, nearly all of them bad their spirit
seized by the excise in the first day of the fair, as being under
proof. Of course there were some few exceptions. The public
can have little pity for persons who, not content with reasonable
profits, thus shamelessly defraud them.
DARIN t. ROBBERY .—A daring robbery took place on
Monday evening. A large quantity of cloth had been deposit"! in
one of Messrs. Tanner and Baylis's stage waggons, in order to be
brought to London, but on arriving between Langley Broom and
Coinbrook, Bucks, as ends of superfine black cloth, of a large value.
had been abstracted. Not the slightest trace has been discovered of
the property, although a large reward has been offered.

WAVERLEY NOVELS.

MUMPS' HA'.

FROM • MOTO TO GUY 11411MORING.
It is fitting to explain to the reader the locality de-
scribed in this chapter. There is, or rather I should say there
was, a little inn, called Mumps' Hall, that is, being interpreted,
Beggars' Hotel, near to Gilsland, which had not then attained its
present fame as a Spa. It was a hedge alehouse, where the Border
farmers of either country often stopped to refresh themselves and
their nags, in their way to and from the lairs and trysts in Cum-
berland, and especially those who came from or went to Scotland,
through a bayren and lonely district, without either road or path-
way. emphatically called the Waste of Beweastle. At the period
when the adventures described in the Novel are supposed to have
taken place, there were many instances of attacks by freebooters on
those who travelled through this wild district, and Mumps' Ha'
had a reputation for harbouring the banditti who committed such

depredations.
An old and sturdy yeoman belonging to the Scottish side, by
surname an Armstrong or Elliott, but well known by his soubri-
quet of Fighting Charlie of Liddesdale, and still remembered for
the courage he displayed in the frequent frays which took place on
the Border fifty or sixty years since, had the following adventure
in the Waste, which suggested the idea of the scene in the text :
Charlie had been at Stagsbawbankfalr, had sold his sheep or
cattle, or whatever he had brought to market, and was on his re-
turn to Liddesdale. There were then no country banks where
cash could be deposited, and bills received instead, which greatly
encouraged robbery in that wild country, as the objects of plunder
were unusually fraught with gold. The robbers had spies in the
fair, by means of whom they generally knew whose purse was best
stocked, and who took a lonely and desolate road homeward—
those, in short, who were best worth robbing, and likely to be most

easily robbed.
All this Charlie knew full well; but he bad a pair of excellent
pistols, and a dauntless heart. He stopped at Mumps' Ha', not-
withstanding the evil cbatacter of the place. His horse was ac-
coosmodated where it might have the necessary rest and feed of
corn ; and Charlie himself, a dashing fellow, grew gracious with
the landlady, a buxom quean, who used all the influence in her
power to induce him to stop all night. The landlord was from
home, she said, and it was ill passing the Waste, u twilight must
needs descend on him before he pined the Scottish side, which
was reckoned the safest. But fighting Charlie, though he suffered
himself to be detained later than was prudent, did not 'account
Mumps' Ha' a safe place to quarter in during the night. He tore
himself away, therefore, from Meg's good fare and kind words,
and mounted his nag, having first examined his pistols, and tried
by the ramrod whether the charge remained in them.
He proceeded a mile or two at a round trot, when, as the Waste
stretched black before him, apprehensions began to awaken in his
mind, partly arising from 11leg's unusual kindness, which he
could not help thinking had rather a suspicious appearance. lie
therefore resolved to re-load his pistols, lest the powder had
become damp ; but what was his surprise, when he drew his charge,
to find neither powder or ball, while each barrel had been careful-
ly filled with tow, up to the space which the loading had occupied !
and the priming of the weapons being left untouched, nothing but
actual drawing and examining the charge could have discovered
the inefficacy of his arms till the fatal minute arrived when their
services were required. Charlie bestowed a hearty Liddesdale
curse on his landlady, and re-loaded his pistols with care and ac-
curacy, having now no doubt that he was to be way-laid and as-
saulted. He was not far engaged in the Waste, which was then
and is now, traversed only by such routes as are described in the
teat, when two or three fellows distinguished and variously arm-
ed, started from a moss.bog, while, by a glance behind him, (for
marching, as the Spaniard says with his beard upon his shoulder,
he reconnoitered in every direction) Charlie instantly saw retreat
was impossible, as other two men eppeared behind him at some
distance. The borderer lost not a moment in taking his resolution,
and boldly trotted against his enemies in front, who called loudly
on him to stand and deliver ; Charlie spurred on and presented his
pistol. " 113-0 your pistol," said the foremost robber ; whom
Charlie to his dying day protested he believed to have been the
landlord of Mumps' Ha'. " 1)--n your pistol! I care not a curse
for it." " Ay, lad, said the voice of fighting Charlie, "hut the
tow's out now." He had no occasion to utter another word ; the
rogues surprised at finding a ma. of redoubted courage well armed,
instead of being defenceless, took to the moss in every direction ;
and he passed on his way without further molestation.
The author has heard this story told by persons who received it
from Fighting Charlie himself; he has also heard that Mumps' Ha'
was afterwards the scene of some other attccious villainy, for
which the people of the house suffered. But these are all tales of
at least half a century old, and the Mute has been for many years
as safe as any place in the kingdom.

SWINDLING.

A few days ago information was given to the Police
that an extensive system of swindling had been practised upon
Messrs. Read and Scott, the surgical instrument makers, under
the following circumstances :
Messrs. Read and Scott are well known to the surgical profes-
sion, as the patentees of the stomach Funsp, and in consequence of
the instrument being procured only at their manufactory, they are
in the habit of receiving orders front numbers of the medical pro-
fession in all parts of England, and it often happened that they were
applied to for the stomach pump by Gentlemen in the profession
with whom they were totally unacquainted. This circumstance
.has enabled a gang of swindlers to obtain, by means of fictitious
orders, goods to a large amount, and which system, it is believed,
has been carried on for a considerable time past. The fraud, how-
ever, was detected about ten days since. About three weeks ago
a lad came to their shop in great haste, and handed to Mr. Read
the following note :-
0 Mr. Hall will thank Mr. Read to send him, per bearer, a
stomach pump, and one of Adams's trusses; and, if Mr. Read will
send the bill with them, Mr. Hall will send the amount.
Claremont-place, Pentonville, Wednesday,
Sept. 21, 1829."
Mr. Read, supposing that Mr. Hall belonged to the medical
profession, sent the articles by the boy, and also the invoice ; no.
thing more was heard of Mr. Hall until a few days after, when
the following note was brought by a lad :
" Mr. Hall will thank Mr. Read to send him another pump,
the same as the last, for a medical friend of his, which he in-
tends to send to Yorkshire. The truss and the pump answered
exceedingly well."
Signed the same as the former.
The second pump was sent ; and about a week or ten days
since, Messrs. Read began to suspect that all was not right with
these orders, and on Friday their suspicions were confirmed by
l.h. Reece, of the Medical Hall, Piccadilly, informing them that a
man had called on him and offered a stomach-pump for sale, for
which he asked the suns of 21. On looking at it, he discovered it
was a patent one. Finding the price to be less than one-half of
the trade price, he desired the man to call again. In the mean
time he called on Messrs Read, and gave information of the cir-
cumstance. An inquiry was then made, and it was discovered that
no such person as Mr. Hall lived in Claremont-place. The man
who offered the instrument to Dr. Reece called again, and was
then questioned as to how he came in possession of the pump. In
reply, he stated that he was in the habit of selling goods on commis-
sion for a person resitting in Charter-lane, Doctor. Commons, who
had persuaded him to sell the pump ; that person said he had re-
ceived it from a person residing in Barbican, under these circum-
stances :—some time since the person in Charter-lane lent a small
sum of money to the man in Barbican, and a few days since he
called and reques• ed a further loan, at the same time offerina to
leave a couple of duplicates for stomach-pumps as a security. The
money was lent, but not being repaid by the time specified, the ar-
ticles were redeemed. They had been pledged for 204. each. The
invoice at the time was produced to the pawnbrokers, to show
that the cost price was 31. 104. Mr. Read, on making this disco-
very, examined hi. orders, and found that the following were ficti-

tious :
" Sut.--Be ao good to send me. with all possible expedition, one '
of your stomach-pumps. In haste, your obedient servant,
" JOHN SMITH, Surgeon."
Hnightsbtidge Barracks, Saturday Afternoon, Sept. 20.
" Sta—Having an application from the country for two of your
stomach-pumps, I will thank you to let the bearer have them,
making me such allowance in the charge as is usual with you.—l
am, Sir, your obedient servant,
Wirdaam EVANS, Surgical Instrument Maker,
Uct. 1. near the Hospital, Whitechapel-road."
" should be muck obliged by your sending me per bearer
one of your excellent instruments, the stomach pump, and be all
good las to send the price with it.—l am, Sir, your obedient
servant,
Sept. 22, 1829. " JOHN CLARKE. Surgeon. Enfield."
Upon the receipt of these letttrs the orders were executed,
without any doubt existing as to their being fictitious, it being cut-
tonury in the trade to send instruments upon, application, without
making inquiry; for if time was engaged in making bigotry, many
lives might be sacrificed by the delay. Mes.rs. Read have also sent
a large number of instruments to various parts of the country, in
consequence of similar order., which they are afraid will turn .out
tbt rune or the abolfe..

•
HARD DRINKING.—Sittnq on a winter's day, on a
cold stone. and drinking nothing but water.
SY mPAT is ETIC IN K.—A Weak solution of nitrate of
mercury forms a good sympathetic ink on paper. The chanlcters
become black by beat.

SPORTING INTELLIGENCE.
DUMFRI~B:i, Oct. 1.
A Gold Cep, vales 100 sun. by sabscription of 10 sou. each.
Three miles.
Sir J. Boswell's br. m. Leda. syn .. 1
Mr. Margetson's br. h. Brunswick, 5 yrs .• ... • •• •• 2
Gen. Sharpe's ch. h. Match, Syn ... •.. 3
Sir J. H. Maxwell's bL c. Glenamour, 4 yrs 4
A Plate of £5O given by his Grace the Duke of Bea:leech.
Two miles.
Mr. Hudson's b. c The Rail, 4 yrs
Mr. Gilmour's b. h. Gallopade, 5 yrs
Sir J. H. Maxwell's br. 1.5 In
A Plate of £5O given by the Southern birettas. Two mile heats.
Mr. Ramsey's ch. c. Parson Harvey, 4 yrs
Mr. Simpson's b. m. Young Duchess, 5 yrs
Mr. Hudgson's b. 1. Agnes, 4 yrs_ ... • ills

!LIDA T.
A Sweepstakes of 5 soy. each, for horses not thorough-bred, the
property of a member of the Western or Southern Meeting.
Heats, once round and a distance. (11 Subs.)
Sir J. Boswell's ch. h I 1
Mr. Dunlop's b. g. Top Thorn . . 2 2
Mr. Hope Johnstone's b. g. by Eppentone ... 3 3
The County Members's Plate of 501. added to a subscription of
10 sou. each.
Three miles. (3 Subs.)
Mr. Hudson's b. c. The Earl, 4 yrs.. ...
Mr. Simpson's b. m. Young Duchess, 5 yrs.
A Plate of 501. given from the Racing Fund. Heats,
a mile and a half.
Sir J. Boswell's br. m, Leda, 5 yrs .... 1 1
Mr. Hodgson's b. 1. Agnes, 4 yrs
Mr. Kilvington's b. f. Gaylass, 4 yrs.
Mr. Simpson's b. f. Queen Sheba, 4 yrs .
Cul. Blair's b. m. Mary, 5 yrs 4 0
Mr. Willlarnson's gr. c. Dicky Walkington, 4 yrs
WREXHAM RACES.—Sare. 29.
Sweepstakes of 50 sou. each, h. ft. for three years old. Once
round and a distance.
Mr. Giffard's Lucy 1
Lord Grosvenor's Parnassus
Parnassus the favourite.—A beautiful race, and won by a head.
The Gold Cup, value 100 sou. Three times round.
Major 0. Gore's Hesperus
Sir W. Wynn's Courtier..
Courtier the favourite.—A good race.
The Town Subscription Plate of 501. Heats, one mile.
Mr. Mytton's The Crofts 1 2 3 1
Mr. Wadlow's Niagara
Sir T. &anley's b. g. by Filbo
Mr. Giffard's Lucy
Sir W. Wynn's Sally Magp 0 dr
Sir T. Stanley's gelding bolted in the fourth heat. A beautiful
race ; each heat won by little more than a head.
WEDNESDAY.
Sweepstakes of lOgs. each. Heats, two miles.
Sir R. Brookes' Gamecock
Mr. Hobson's Judy Nicholson 3 2
Mr. &onion's ch. m. by Grand Duke 2 3
Mr. Stelfox's br. f. by Muley
The Gentlemen's Subscription Plate of 501. Heats, two miles.
Lord Grosvenor's Fag .. 1 1
Sir W. Wynn's Courtier
2 to 1 on Courtier—Won easy.
Handicap Stakes of 10 sous. each. Heats, two miles.
Major 0. Gore's Hesperus ... .
Sir W. Wynn's Effie .. . . 1 4 2
Mr. Alytton's Hedgford .. .. 3 3 3
Air. Turner's Navarin 2 2dr
A excellent race.
HUNTING.
The Sanderstead Harriers, every day, at the Kennel