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though in many parishes such a prac- were required, or his right to a fee in tice has too much prevailed. Burying such case were conceded, it would not in the church or chancel, particularly necessarily follow that a faculty for where they are small, is inconvenient the construction of a vault, or the and offensive : it is an interference erection of a tablet in the chancel, with the use of the building, is happily must be refused unless he consented getting much out of use, and ought to the grant. The grant of the faculty to be discouraged. In this very case would not preclude the vicar from it may interfere with the convenient enforcing his fees if he were legally occupation of the vicar's pew.
entitled to them. Whether the faculty ought to be That it belongs to the vicar of granted at all may be very doubtful; common right arbitrarily to consent but at present no particulars are or dissent in such cases seems to me stated to warrant such grant, or to extremely questionable. It is difficult enable the Court to form any judy- to find out any principle upon which ment on its propriety or expediency. this right could appertain to him. In other respects, the application The opinion of the vicar against the coming from the owner of the free- expediency of such a grant would hold undoubtedly comes in as favour- have its due weight with the ordinary; able a shape as possible; unless indeed but if the cause shown by him be not the vicar can convince the Court that something better than his mere will his consent must precede the leave of and pleasure, it will be insufficient to the ordinary. If any other parishioner stay the issuing of the faculty: still wanted to make a vault in the chancel more so, if his consent be matter of the consent of the lay rector must be purchase and barter. If, as is stated bad; he must be called before the in the act on petition," he is to judge Court not merely because the freehold in each particular case whether it will is in him, but because the burthen of occasion inconvenience or deformity, repair is upon him.
or be otherwise improper:" that judgThe fixing a tablet against the wall ment must be formed, not " by a reais far less objectionable; and indeed sonable payment,” but without money is rather to be favoured. The neces- and without price. If the vault were sity for the leave of the ordinary is allowed to be constructed, and the admitted; and consequently plans and vicar's consent to interments therein dimensions must be submitted to guide were necessary, he might object on his judgment. That the vicar is enti- proper grounds, such as that the party tled to show cause against such leave were not fidelis ; but it cannot be being granted, if he shall so be advised, tolerated that his decision on the is also admitted. But what cause does moral fitness of the individual to be the vicar show against the faculty buried in the chancel, should be guided that is prayed ? He does not object by the amount of the fee paid. This to the tablet as inconvenient to the strange notion of payment for consent parishioners, or as injurious to the seems to spread, and to meet with no fabric, or even detrimental to its unwilling assent in some quarters, beauty; but he states that he is the whereas no fee of the kind is due of sole judge of that, and that his consent common right; it can only be due by is to be purchased by a reasonable special custom, and the amount must payment. It may be doubtful whether be limited by the same custom. If the consent of the vicar is necessary
such a custom could have a reasonto the construction of a vault, or to able foundation it must at least be the affixing of a tablet even in the body strictly proved, and this Court would of the church, or whether he has in not carry it one step beyond such such a case a claim to a fee unless proof; the introduction of such a when established by a special custom ; practice would be most dangerous : but that is not the question here : and it would require very strong here, the question relates solely to the autbority, much stronger than any I chancel. 'Even if the consent of the have heard cited in this case, to vicar to the actual interment of bodies satisfy me that the vicar could, by
custom, possess a right of refusing his consent to an interment in the chancel, à fortiori, to the grant of a faculty for a vault or a tablet, unless not a fixed but a reasonable fee is agreed to be paid.
Upon the whole, both parties seem to have mistaken their rights. The lay rector is not, on the ground that the chancel is repaired by him, entitled to a faculty without laying before the ordinary such particulars as will afford the vicar and parishioners an opportunity of judging of it, and as will satisfy the ordinary that what is proposed to be done may be carried into execution without interrupting the parishioners in the use and enjoyment of the chancel; in which case the Court would pay due attention to the application. On the other hand, the vicar has not a positive right of refusal, though he may very properly. show cause against the grant of the faculty by stating the grounds of his objection : but in this case he has not made out any legal ground of resistance.
Whether the parties choose to enter into the merits, in order to show that
a faculty ought or ought not to be granted, is for their consideration. Vaults, either in the chancel or in the body of the church, are not, in my judginent, to be encouraged: they are far better made in the churchyard; yet, if all parties are consentient, the Court may be induced to grant the faculty. Tablets, I repeat, stand on a much more favourable ground; and if shown not to be injurious to the convenience, the beauty, and the stability of the fabric, a faculty for their construction would probably be granted. At present, however, no ground either for making or refusing such a grant having been shown on either side, I shall refuse the faculty, and dismiss the case, without costs, unless the parties desire to proceed.
The cause was not further prosecuted -See Clifford u. Wicks, 1 Barn. and Ald. 498. Hopper o. Davis, 1 Ecclesiastical Cases temp. Sir George Lee, 640. Seager o. Buwie, 1 Addams, 541. Bardin and Edwards o. Calcott, i Consistory Reports, 17.
THE NEW PARLIAMENT.
BOROUGHS OF SCOTLÅND AND IRELAND.
The * denotes New Members.
Inverness Burghs ... Cumming Bruce.
Kilmarnock Burghs.. John Bowring. Ayr Burghs ... Lord P. J. Stuart.
Kincardineshire ....... General Arbuthnot, Banffshire ...
Captain G. Ferguson. Kirckaldy Burghs ... J. Fergus.
Kircudbrightshire ... R. C. Fergusson.
Lanarkshire ............ J. Maxwell.
J. A. Murray.
Linlithgowshire ....... Hon. Captain Ho
Montrose Burghs ... P. Chalmers. Dunbartonsbire ....... A. Dennistoun.
Paisley ................... A. G. Speirs, Dumfriesshire ......... J. H. Johnstone.
Orkney ...... .. - Balfour. Dumfries Burghs ... General Sharpe.
Sir John Hay.
.. Fox Maule. Edinburghshire .... Sir George Clerk.
Renfrewshire .......... Sir M. S. Stewart.
Ross and Cromarty... S. Mackenzie.
Colonel F. W. Grant. Roxburghshire.......... Lord John Seott. Elgin Burghs ......... Colonel Leith Hay.
St. Andrew's Burghs Andrew Johnstone. Falkirk Burghs ...... W. D. Gillon.
Selkirkshire .............. A. Pringle.
Stirlingshire .............. - Forbes.
Sutherlandshire ...... Roderick Macleod.
Wick Burghs ......... James Loch
Wigtonshire ........... Sir Andrew Agnew, Haddingtonshire ...... Robert Ferguson.
Wigton Burghs ....... J. Mactaggart.
Earl of Belfast. Armagh County Colonel Verner.
Lord Acheson Armagh Town ......... Leonard Dobbin. Athlone .....................
Captain Matthew. Bandon .............*****
J. D. Jackson. Belfast
J. E. Tennent.
J. M.Cance. Carlow County
T. Kavanagh. Carlow Bo .............
Francis Bruen. Carriek fergus
P. Kirke. Cashel.......
Sergeant Perrin, Cavan County
Henry Maxwell. Clare
W. N. Macnamara.
C. O'Brien. Clonmel
D. Ronayne. Coleraine
Alderman Copeland. Cork County
G. S. Barry. Cork City
R. Leycester. Donegal
Sir E. Hayes.
Colonel Conolly. Downshire..
Lord Arthur Hill.
Lord Castlereagh. Downpatrick........... D. Kerr. Drogheda
A. C. O'Dwyer. Dublin County. C. Fitzsimon.
G. Evans. Dublin City
E, S. Ruthven. Dublin University .... Thomas Lefroy.
Frederick Shaw. Dundalk .................
Sharman Crawford. Dungannon
Hon. C. Knox. Dungarvon .............. Sergeant O'Loughlin, Ennis .................
Hewitt Bridgman. Enniskillen
Hon. A. H. Cole. Fermanagh
Lord Cole. Galway .................
T. B. Martin.
J. J. Bodkin. Galway Town A. H. Lynch.
M. J. Blake. Kerry
Morgan John O'Connell.
F. W. Mullins. Kildare
E. Ruthven, jun.
R. More O'Ferrall. Kilkenny County ...... Hon. Colonel Butler.
W. F. Finn.
Kilkenny City R. Sullivan.
Hon. J. C. Westenra.
Colonel Thomas. Leitrim
Samuel White. Limerick County...... Hon. R. Fitzgibbon.
W.S. O'Brien. Limerick City William Roche.
David Roche. Lisburn
Henry Meynell. Londonderry County. Sir R. Bateson.
Captain Jones. Londonderry City...... Şir R. A. Ferguson. Longford..
A. Lefroy. Louth..
M. Bellow. Mallow
C. D. 0. Jephson. Mayo
Sir W. Brabazon.
Dominick Browne. Meath,...
Morgan O'Connell, Monaghan...
Hon. H. R. Westenra. Newry
D. C. Brady. New Ross ............... J. H. Talbot. Portarlington
Colonel Dawson Damer. Queen's County
Sir C. Coote.
Vesey. Roscommon ............ Fitzstephen French.
O'Connor Don. Sligo County.... Colonel Perceval.
E. J. Cooper. Sligo Town...............
John Martin. Tipperary
R. L. Sheil.
R. Otway Cave. Tralee...
Maurice O'Connell. Tyrone
Lord C. Hamilton.
Henry Corry. Waterford County Sir R. Musgrave.
The first act in the Politica? Drama has been sadly rehearsed; but in the words of our excellent contemporary, THE STANDARD
It is gratifying to Englishmen to know, and it must be consolatory to Sir Charles Manners Sutton to reflect, that the base injustice which the right hon. gentleman has suffered, has not been inflicted by his own countrymen. Notwithstanding all the political power conferred upon the several municipal masses of ten-pound householders throughout the kingdom notwithstanding the predominant Radi
R. Power. Waterford City.... H. W. Barron.
Thomas Wyse. Westmeath
Sir R. Nagle.
M. L. Chapman. Wexford County J. Maher.
J. Power. Wexford Town......... C. A. Walker. Wicklow
Ralph Howard. Youghal......
calism of great towns and manufacturing districts in England, had the election been limited to English representatives, Sir Charles would have succeeded by a respectable majority, though certainly not by such a majority as his own merits entitle him to, and as our care for the honour of England could make us wish.
The following is an analysis of the division with reference to the English and provincial members; there may be a trifling inaccuracy in the numbers, as doubtless the published list is not perfectly accurate, but the proportions will be found to be substantially correct:
Members voted. ... 622 your present meeting; and it will be my English members voted 484 wish to adopt such plans for your perScotch and Irish ditto
138 manent accommodation as shall be English members voted for Mr.
deemed, on your joint consideration, to
be the most fitting and convenient. Abercromby :
225 Scotch and Irish for ditto
I will give directions that there be laid 91
before you the report made to me by the English members voted for Sir
Privy Council in reference to the origin C. M. Sutton.
of the fire, and the evidence upon which Scotch and Irish for ditto 47 that report was founded.
Thus, upon the English representa- The assurances which I receive from tion, notwithstanding the effect of the my allies, and generally from all foreign Reform Bill, Sir Charles would have had princes and states, of their earnest desire a majority of thirty-four. He has been to cultivate the relations of amity, and beaten by the representatives of the un- to maintain with me the most friendly enlightened Roman Catholics of Ireland, understanding, justify, on my part, the and by the delegates of the newly en- confident expectation of the continuance franchised Scotch constituencies, ap- of the blessings of peace. pointed and pledged - bound by these The single exception to the general constituencies, in the naturally intem- tranquillity of Europe is the civil contest perate exercise of a newly - acquired, which still prevails in some of the northand of course unwonted power.
It ern provinces of Spain. is not pleasant to see the deliberate I will give directions that there be sense of a people, like the English, long laid before you articles which I have habituated to the exercise of political concluded with my allies, the King of rights, and uninfluenced by alien motives, the French, the Queen Regent of Spain, thus, as it were, drowned by the votes of and the Queen of Portugal, which are the provinces; but it would be still more supplementary to the treaty of April, mortifying to believe that the people of 1834, and are intended to facilitate the England could generally participate in complete attainment of the objects conthe barbarian and tyrannical disposition templated by that treaty. of the O'Connell faction in Ireland, or in I have to repeat the expression of the temporary intoxication of our Scot- my regret that the relations between tish fellow-subjects, aided by the national Holland and Belgium still remain unprejudice in favour of a Scotch candi- settled. date, which, however, told for something. Gentlemen of the House of Commons,
I have directed the estimates for the We regret that Mr. Denison, the member for West Surrey, should have
ensuing year to be prepared, and to be
laid before you without delay. lent himself as the ready tool of O'Connell, and the Destructive party.
They have been framed with the
strictest attention to economy; and I The subjoined copy of the King's have the satisfaction of acquainting you Speech will be read with lively interest. that the total amount of the demands for The debate upon it terminated at too the public service, will be less on the late a period for us to make any obser- present than it has been on any former vations. We will not, however, despair
occasion within our recent experience. of the safety of the State.
The satisfactory state of the trade and
commerce of the country, and of the My Lords, and Gentlemen,
public revenue, fully justifies the expecI avail myself of the earliest opportu- tation that, notwithstanding the reducnity of meeting you in Parliament, after tions in taxation which were made in the having recurred to the sense of my last session, and which, when they shall people.
have taken full effect, will tend to diYou will, I am confident, fully par- minish the existing surplus of the public ticipate in the regret which I feel at the revenue, there will remain a sufficient destruction, by accidental fire, of that balance to meet the additional annual part of the ancient Palace of Westminster charge which will arise from providing which has been long appropriated to the compensation granted by Parliament the use of the two Houses of Par- on account of the abolition of slavery liament.
throughout the British dominions. Upon the occurrence of this calamity, I deeply lament that the agricultural I gave immediate directions that the best interest continues in a state of great deprovision of which the circumstances of pression. the case would admit should be made for I recommend to your consideration
whether it may not be in your power, and to the more equal distribution of after providing for the exigencies of the episcopal duties; the state of the several public service, and, consistently with the Cathedrals and Collegiate Churches, with steadfast maintenance of the public a view to the suggestion of such meacredit, to devise a method for mitigating sures as may render them most conthe pressure of those local charges which ducive to the efficiency of the Established bear heavily on the owners and occupiers Church ; and for devising the best mode of land, and for distributing the burden of providing for the cure of souls, with of them more equally over other descrip- reference to the residence of the clergy
on their respective benefices. My Lords, and Gentlemen,
The especial object which I have in The information received from the view in the appointment of this comgovernors of my colonies, together with mission, is to extend more widely the the Acts passed in execution of the law means of religious worship according to for the abolition of slavery, will be com- the doctrines of the Established Church, municated to you.
and to confirm its hold upon the veneIt is with much satisfaction that I ration and affections of my people. bave observed the general concurrence
I feel it also incumbent upon me to of the colonial legislatures in giving call your earnest attention to the coneffect to this important measure; and, dition of the Church of Scotland, and notwithstanding the difficulties with which to the means by which it may be enabled the subject is necessarily attended, I have to increase the opportunities of religious seen no reason to abate my earnest hopes worship for the poorer classes of society of a favourable issue.
in that part of the United Kingdom. Under all circumstances, you may be It has been my duty, on this occasion, assured of my anxious desire, and un- to direct your consideration to various ceasing efforts, fully to realize the bene- important matters connected with our volent intentions of Parliament.
Domestic Policy. There are many important subjects, I rely with entire confidence on your some of which have already undergone willing cooperation in perfecting all partial discussion in Parliament, the ad- such measures as may be calculated to justment of which, at as early a period remove just causes of complaint, and to as is consistent with the mature conside- promote the concord and happiness of ration of them, would be of great advan- my subjects. tage to the public interests.
I rely also, with equal confidence, on Among the first in point of urgency is the caution and circumspection with the state of the Tithe Question in Ire- which you will apply yourselves to the land, and the means of effecting an equi- alteration of laws, which affect very table and final adjustment of it.
extensive and complicated interests, and Measures will be proposed for your are interwoven with ancient usages, to consideration, which will have for their which the habits and feelings of iny respective objects, to promote the com- people have conformed. mutation of tithe in England and Wales, I feel assured that it will be our comto improve our civil jurisprudence and mon object, in supplying that which may the administration of justice in ecclesias- be defective, or in renovating that which tical causes, to make provision for the more may be impaired, to strengthen the founeffectual maintenance of ecclesiastial dis- dations of those institutions in Church cipline, and to relieve those who dissent and State which are the inheritance and from the doctrines or discipline of the birthright of my people, and which, Church from the necessity of celebrating amidst all the vicissitudes of public the ceremony of marriage according to affairs, have proved, under the blessing its rites.
of Almighty God, the truest guarantees I have not yet received the report of their liberties, their rights, and their from the commissioners appointed to religion. inquire into the state of Municipal Cor. EUROPE, with the exception of porations, but I have reason to believe that it will be made, and that I shall be
Spain, remains in a state of quasi enabled to communicate it to you at an
tranquillity. The Peninsular early period.
progresses; several battles have been I have appointed a commission for tought, generally in favour of the Carconsidering the state of the several dio. lists; and we sincerely hope that the ceses in England and Wales, with refer. cause of legitimacy and order will ence to the amount of their revenues, triumph in that ill-fated country,
VOL. XVII. NO. III