Judgment.

Sir John Nicholl :-This is a suit brought by the churchwarden of Churchhoneybourne, Worcestershire, against the minister of the parish for neglect of duty, and for violating the churchyard. It is highly creditable to the clergy, considering the number of that body within the province, that suits of this nature are of such rare occurrence in these courts.

By the general law the church service, according to the form prescribed in the Book of Common Prayer, is to be regularly performed every Sunday in the morning and evening. If less duty is required, it is to be supposed that the relaxation has been adopted with the approbation of the diocesan, and has been permitted owing to the circumstances of the parish; and as the service is to be performed for the use of the parishioners, such relaxation may properly be granted in certain cases; but if it be so granted, the minister must strictly adhere to the terms prescribed, and must not vary them at his own pleasure, for his own convenience, and on his own authority. It is the diocesan who is to judge of the degree of relaxation to be allowed.

In this parish it is stated what was the usual service before the present minister's incumbency; and it was sufficiently indulgent, viz. during the winter months, from October to March, morning service at eleven every Sunday; and, during the rest of the year, service alternately in the morning at eleven, and in the afternoon at three.

The articles charge various departures from the rule, and various omissions and neglects, without any just cause. It neither is likely, nor would it be proper that the parishioners should complain of occasional accidental omissions, but here the number of times shew that the Vicar's neglect was habitual; and this conduct may possibly have arisen from a mistaken notion of his own rights, and from a belief that he might vary or altogether omit the duty at his own pleasure. These numerous irregularities, however, only prove the forbearance of the parish; but when the Vicar is at length proceeded against, the accumulation of the facts constitutes the weight of the

charge, and makes it more incumbent on the Court to receive the articles.

Prima facie it cannot be denied, that there have been a breach and neglect of duty of which the parish have a right to complain, and to such complaint the lapse of time offers no bar. In some instances no service was performed; in others, instead of morning there was evening service. Sometimes notice of the sacrament was given, particularly on Easter Sunday, and none was administered. All these are matters to be complained of, and for which the minister is to be admonished by the Court. If the charges are not true the minister must defend himself by denying them, or he may, from circumstances, be able to justify his conduct; but if they are true, and he has acted from a mistaken notion of his rights, he may admit them in acts of Court, and thus avoid expense. There are, however, two or three very special charges: one, that in February, 1826, he refused to christen an infant brought to the vicarage house when very ill; and in his conduct there are circumstances of aggravation. It is not likely that the child would have been brought unless it was really ill; the very circumstance of its being brought by the nurse is primâ facie evidence, that the family was apprehensive the child would die. The Vicar, instead of consenting to do it, flies into a passion, and asks, "Whether she will swear that the child would not live twenty-four hours; and on her saying she could not do so, he declared, ‘then I'll not baptize it, you may bring it to the church, and I'll christen it.'

Now if these circumstances are all true, they will render this an improper refusal; for if there was reasonable ground for fearing that the child's life was in danger, the Vicar was bound to do what he was then requested; though undoubtedly, if the child was not ill, the refusal was justifiable.

The twenty-second article imputes a still more extraordinary offence; he publishes the banns of marriage of two persons on two successive Sundays; but as there is no service on the third Sunday, no publication then takes place; yet he gives a certificate of their publication as on that day. The par

General Committee, March 7.-The Committee of the National Society held their Monthly meeting on the 7th of March, when the Schools of 18 places

were received into union, and nine grants were voted in aid of the erection of school-rooms, amounting to 4451.

Of the other business before Parliament, we can only notice a vote of 100,000!. for the relief of the sufferers from the hurricane at Barbados, whose losses are estimated at 1,700,000%.

The Administration, in compliance with the views of the popish party in Ireland, have brought forward a measure for the abolition of tithes in that part of the united kingdom; a circumstance the more to be regretted, because the beneficial effects of Mr. Goulburn bill are already extensively felt, and in a short time would have removed the inconveniences so often

complained of. The new plan of education for Ireland came under discussion in the Lords on the 22d, when the Earl of Wicklow moved, "That inasmuch as in the plan of education adopted in Ireland the Bible was excluded, this House cannot view it with approbation." The resolution was supported by the Duke of Wellington, Earl of Roden, Bishops of Chester, London, Exeter, Bristol, and Llandaff, and opposed by the Duke of Leinster, Lords Suffield, Clanricarde, Radnor, Gosford, and the Bishop of Chichester, who thought the indiscriminate use of the Scriptures most unwise it was finally lost by a The majority of thirty-eight votes.

Archbishop of Canterbury has renewed his bill for regulating pluralities, and it is now before a committee of the whole House.

A parliamentary document has been put forth of great interest. A statement of the amount of the hereditary revenues of the crown during the reigns of the kings George III. and George IV., and that of the annuity granted to the crown in lieu of these, and for the same time. It shews, that during this period, i. e. from 26th October, 1760, to 26th June, 1830, the former amounted to 94,871,427.; whereas the annuity, with the addition of 3,398,000l., granted in nine portions, at different periods, to discharge arrears or meet extraordinary expenses, amounts to only 65,823,438, leaving the public a gainer by this exchange of something more than 29,000,000l. sterling.

The trial of Captain Warrington is concluded: the court-martial sentenced him to be cashiered, but recommended him to his Majesty's

clemency. The King has confirmed the sentence, but allowed the subject of it to sell his commission.

IRELAND. The distressed state of the Protestants in Ireland, from the disturbed state of the country, the inflammatory language of the agitators, the excitement of Popish leaders, priests, and measures, have driven more than sixty thousand Protestants to seek that security in other lands which they cannot find at home. Petitions for protection and the impartial execution of the laws have been thus extorted from numerous bodies of our Protestant brethren in every part of the island. Among these, one was presented to the King by Lord Roden, consisting of two thousand skins of parchment, the statement of grievances in which was attested by the signatures (verified by the residence of each petitioner) of upwards of two hundred and thirty-six thousand persons. Another was from the corporation and citizens of that eminently loyal city, Dublin, to present which the Lord Mayor of Dublin, with a deputation, came over to this country. To this his Majesty was advised to return an answer neither "gracious," nor according with the established principle of this kingdom, "that no man should go dissatisfied from the royal presence."

FRANCE.-The resolution of the Chamber of Peers, that the anniversary of the death of Louis XVI. should be kept a holiday, has been rejected by the Chamber of Deputies, by a majority of 262 to 26.

The Court has confirmed the will of the Duke de Bourbon, and sentenced the Princess de Rohan, who contested it, to pay the costs of the trial.

The general state of the country is one of turbulence and disorder. In some parts, the Chouans reign the undisputed masters; in others, various interests; and in many, the Carlists, if not sufficiently strong to overturn, are powerful enough to give great trouble to the authorities; whilst on all occasions the National Guard are ready to espouse the cause of democracy. The Administration, confessedly a "liberal" one, find that the regular army is the only one on which

they can depend for the maintenance of domestic peace; and they are now proposing measures for the increase of it, which are vehemently opposed. At Grenoble, the birthplace of M. Casimir Perrier, and where several of his relations reside, on Sunday, 11th of March, a masked pageant, ridiculing the ministry, was presented. It was proposed to follow up the same by a masked ball in the evening, which the mayor opposing, a riot followed: the military were called in; one man was killed, and about thirty wounded, before peace could be restored. next morning the National Guard turned out, drove away the mayor and the legal authorities, and kept possession of the town. The fact is not singular, though more glaring than many others of a similar nature. The final results were not known when this went to press.

The

An aggression of an unexampled kind has been made by the French government on the territory of the Pope. We speak of the latter merely as a temporal prince. This civil ruler is perhaps the worst of any professedly Christian power in the world; and we noticed last month the excesses committed by his own troops upon his own subjects, and the interference of the Austrians at his request to restore order and protection to his people. Two detachments of French ships and forces appeared, one before Civita Vecchia, of which it took possession without opposition; the other before Ancona, where the governor refused it admission into the harbour. In the night the French commander landed his troops, cut down the gates of the citadel with axes, forced his entrance, and at day-break the tri-coloured flag waved upon the walls of the citadel. The Pope has protested against this breach of his neutrality and independence, which is all his impotency permits him to do. Other powers must compel their removal, and in doing that who can shut his eyes to the origin of another war?

In the PENINSULA the usurper of Portugal continues to make active exertions to oppose Don Pedro whenever he may appear; but in spite of all his efforts to prevent it, the latter has found means to circulate very widely

his proclamations; and if he should make his descent on Lisbon, we know he has a strong party ready to receive and support him. The second division of his armament has sailed from Belle Isle; and many days cannot now elapse before we shall hear of their operations.

BELGIUM. The settlement of affairs between this country and Holland remains as undecided as ever. The French papers announce in decisive terms that the King will be very shortly married to the Princess Maria, daughter of Louis-Philippe, whose principles are known to be very democratical, and who will doubtless be very popular with the Belgians, from that circumstance.

CONSTANTINOPLE.-The Sultan has declared the Pacha of Egypt a rebel. The latter had so far thrown off the mask of professed submission to the Grand Seignior, as to invade Syria and besiege the fortress of St. Jean d' Acre. The Divan were greatly alarmed, and making every exertion,even the Grand Vizier preparing to lead the army there in person,-when the news arrived of the Pacha having sustained a very severe check, which was followed by the desertion of two thousand of his best troops to the Turkish General. Thus weakened, he found it needful to retire into Egypt, where the Imperial Government are making great efforts to pursue him.

GREECE.-Prince Otho of Bavaria has been fixed upon as the future King of Greece. This prince is a minor, and his father has accepted the selection on his son's behalf. council of regency is to reign in his name until he attains his majority.

A

✰ CHINA.—The ships of the Company were taking in their cargoes as usual, at the date of the last despatches from Macao. The factory had not returned to Canton, nor had they any immediate prospect of doing so. On the 23d of September, this island and the opposite coast were visited by a most tremendous storm, which had ravaged the tract exposed to its fury, and left it a scene of desolation. By the official documents published, 1405 bodies had been picked up along the shore, and buried. Many junks and

vessels had been swamped, and not a single hand saved. The swell of the sea had been so great, as to inundate the rice grounds, and sweep away all the crops.

A subscription had been set on foot at the British factory to relieve the distresses of the sufferers.

WEST INDIES.-Orders in council having been transmitted to the British possessions in these islands for regulating the clothing, hours of labour, and management of the negroes, the colonists have manifested a spirit of opposition and insubordination which would be no way unworthy of the refractory Popish party in Ireland, whose plans they are eager to adopt. To refuse to pay taxes, to cut off all intercourse with the government, and to refuse the governor and his establishment even the supplies for which they pay, are measures generally recommended, and in some cases more than partially adopted.

The insurrection of blacks in Jamaica, we hope, is nearly suppressed, and with less bloodshed than might have been expected from the extent and duration of it. The Missionaries whom we mentioned to have been arrested, were liberated as soon as taken before the magistrates, no charge being proved against them. The object of the negroes appears to have been, simply to obtain freedom; and, considering the destruction of the estates as the surest road to this end, they have destroyed about fifty; but exhibited no desire of inflicting severities on the whites. The Government have displayed great decision and activity; and when the last advices came away, the slaves on many of the properties had returned to work, and an opinion was prevalent, that if an amnesty had been proclaimed, the remainder would have followed their example. We hope the experiment has been tried.

NOVA SCOTIA.-The Acts of the Colonial Assembly exhibited a new feature in the history of infant statesa desire to check the influx of settlers. By a recent Act, every settler going out with a recommendation from the Government of the mother-country, is to pay a tax of one dollar; and without that recommendation, two dollars. The winter there, and throughout North America, has been very severe.