New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-12-06
. poprnAn TRIUMPH IN ENGLAND,

recent event OF great scope ana importance IN
England has not excited in this country the attention
it deserves. We allude to the affirmation by the
House of Lords Of one of the weightiest principles
of popular rights the right Of the majority to resist
paying Church taxes which they have not voted, and
THE, too, when the Judges OF Westminster Hall had
declared On the other side.
The case is this The Ecclesiastical Law of Eng
land declares that all the inhabitants of any parish no
matter what their persuasion bound to repair the
parish Church and for this purpose are bound to tax
themselves to the extent necessary And this tax under
the name of churchr rate is regularly collected in most
of tie country districts while in all the towns where
majority OF the ratepayers uphoders of the Church
and command majority of the yestry meeting and it
has always been as certain burden the poortax or
lielway-tax All attempts in Parliament to do away
with the Injustice of taxing people who do not belong
TO the State Church for ts support have proved fu-
tile and the only resistance offered to it has been by
now and then Quaker or other sturdy dissenter
usDg pay for conscience sake, aud for conscience
ske allowing his goods to be dstrained upon and pub
lcly sold as a means OF bringing scandal upon the
Church.
But for the last thirty years parishes have been found
where the majority were dissenters and where when
the rate proposed by the Vicar and Churchward-
ons.it has been steadily and sturdiy negatived These
parishes have gone on multiplying exceedingly until
they include al those situated within the large towns,
and especially all the manufacturing towns of the
northern and midland Counties These towns the
Church has sorrowfully given up hopeessly lost
to her, and it lie long since compulsory church
rate was attempted to be levied within them This
ftonty spreading movement the friends Of the Church
have viewed with dismay aud resentment, and it WAS
lot to be expected that so powerful body would con-
cent to surrender such right without struggle This
Struggle came, was continued for sixteen long years,
aud ended few weeks ago in the final defeat of the
party of arbitrary power and minority taxation
The arena Of conflict chosen by the Church was
Braintree little unknown msrkettown in an outof.
the-wsy part of Essex, where the dssenters are
merous. In 1857 the little church there was out of
repair and the Vicar and Church-wardens made up
their minds to levy tax accordingly meeting of
rate payers summoned but when the rate was pro-
posed, the majority became terribly angry and moved
to adjourn the consideration of the matter for twelve
months. The meeting was then broken up, and short
tine afterward the Church wardens in accordance
with legal opinions they had obtained without any fur
ter meeting at ALL proPrO moE decreed the tax. The
majority denied the right OF the Churchwsrdens thus to
tax them, and refused topay whereupon the Vicar and
Churchwardens selected Of the recusans and sued
out moniiion against him in the Ecclesiastical Courts
At tie Supreme Ecclesiastical Court there presided
Judge, since deceased, by name Sir Herbert Jenner
Fust astrong High Churchman who decided the case in
favor Of the Churchwardens but writ Of prohibition
from the Court of Queens Bench averted the sentence
TIE Church-wsrdens appealed to the Court of Ex-
chequer Chamber and that Court confirmed the judg
ment Of the Court below. Thus the right Of the
majority was for the time held good
Notwithstanding this defeat, the Church-wardens of
Brantree again applied for rate in June lSil this
time of two shillings to the pound resolution in
this sense was proposed to the meeting, but
the majority responded by passing az amendment
ccndemning ell compulsory payments for the sup
port of religion in general, aud the proposed
rate in particular Nevertheless the original resolu
ton then put when eighteen parishioncrs voted for
IT, trd tie Vicar who was in the chair declared II car
ried. The majority having previously passed their
amendment took no part In this vote. OF course they
nifo refused 10 pay. aud tho Spiritual Courts woro
again resortcd to b., tho Churchwardcna In the Con
sisioJ Court, Df Lusllngon promptly decided agalnat
The validity Of tho rate 10 made An appeal was taken
IL May ihiH aud Ia March isli. the Court aboye pre-
sided otef by The same hf Herbert Ienner rust 10
,eited HE decision of tho uonsstor, Court si,fns
judgment 10 htos OF tho thufoh iieseapoa the
utL,' pass sued eat wit of p,ehihi,ien NOM
iLa teD,i 81 vussa's haaeh ali atas p.ado,.
'ss a'gsHent sad iaHs ieiltesalap that oea.s aisa
daeiisd 10 lte ieas isin 'hal .hs ,ato nas Valid
Tho sass eas aess es'sed By wai ei appeal 80 ,ta
tesu VI taeteaees ttaaies wteseia ,hs aaol.ioa al
iie nuugi isiaH esa again asea.@si ta, aa uaas,