Court Of Peculiars, Monda...
. u uratWong in ureb, arisingnutoftheelection of churchwardlells for the year 1123, in the parish church of St. Mary, Newingtoll. Thesubject mllatterof thissuitmust be within the nowledge Of most of odr readers, inasniuch as it is enitrely cDnnecteI wit]l that of "The .Judge's offlce promoted by Palmer v. Roffey," which vas decided lact term. The facts and law of thie case being so similar, the leamed Judge stated, on the cause being called, that it would be unnecessary to trouble counsel with the burden of reading the eridence; iiasmucih as he liad fullypossessetl himself of the wIole,outof Court. 'rijeu (it appearet from the arguments of counsel) was the sides. mhan of Roffly, vho was the wmtien nrominated by the Rev. A. C. Onslow, the rector t!se inhaDitants having elected Mr. Palmer, whlo has been the promoter of those suits, dnder tlhe expreqs order of the vestry of the parish. (The sentence upon Rohrey was publicly read in the church only yesterday (Sunday). Tijou, it appears, hear- big on the day of these disturbces,thatRoflfey was in custody, and overpowered, flew to his rescueu and exertel so much activity and vigour on the occasion, that lie pulled one of the parishioners off the scat upon whicil he was standing, into the bottom of.the pew,- pu,shed violently through a crowd of others, aimed blows at some swore at those who remsonstrated wvith him, and *attempted to strike one or two indivicluals whoexpressed a desire that he would desist. Sir Jonw NrCTIOLi., in deliiering his sentamee, regretted that a wisi which lie had intimated last terts in respect ot the.e suits, -namiely, that they should be settled out of doors-had not been compied witi]. It seenced needless for the Court to recapitulate its former general statement or the law applying to these mat- ters; but it coild not refrain fron observing, that a great misapprehension about that law seemed to prevail among the officers of Newington parish. Churchwardens were bound bv their oatli to imiaintain decency andt order generally within their re- spective jurisdictiois, bitt especially in all that regarded the per- formance of dlivine worsiip. Atid so proteeted were they by the law in the exercise of the poa'ers that attached to their offide, filat what in other private indivitkuals wouldl amount to ain assault at common law, would not be so held in them. Thus, a ohurceiwjrden mighit take a man's hat off, or even turn him forcibly out bf the clhtrchi for, misconduct, p:otideal the officer did these aicts withi pLopriety, and upon sufficient cause. Now, on the occasion of these untbrtunate ...~~~~~~~spnn flit ....sv1 ...w.tail]np W.in w , r ..................,..i.t for constables, and thixt constables irmtediatelv interfered, and camne without waiting for orders even to tio so. But the churchwarden alone (except in eases of emergenicy, and not a mere civil officer) was tie proper authority to take cognizance of such breaches of decorum mn the sacred editice; The leafi3ed Jtudlgo then observed, that though it was clear that .Mr.Tijou had done enoughi to indtlce the Court tohold hAm guillty of the offence for which lie bad been procceied against, it (id not seem to be a case of any peculiar aggravation ; on the contrary,-Alr. TijtII was not present at the commencement ofi tie affray. J)ut walking peaceably in the churchyard when he heard the uproar; and great allowance was therefore to be made f(or the excitenbeot under whice lie acted. This was a fate that would bear materially on the qtiestion of mitigated costs; costs being a matter in these courts the apportionment of Whlich was qulte discretionary in the Judge. Now thC great actors in this shamieful and stianda- Ious disturbance were Roffey and 15urcombe; for they'liml been quIarrelling Ibr liours together before iMlr. Tijou interfered at all in Lhe matter. It might l'ave beeai expected, tberefore, that- after Roffey, the next person who would have been (as Rofftey hal mnest propery been) proceeded against by Mlr. Palmer, acting under or- lers of the vestry, woldi he Alr. Ifiurconibe, who was maost clearly, next in degree, the ofreader: but it did turn out, by theanswersof the witnessea tipon interrogatories, that Mrj[. Hlurcombe, in fact, tiati been an active agent of the promaoter, goinig about to searchi for thlei, and asending liem to the offlee of thie proctor to be examinied i wyhil-at he himself, so ftar from being proceeded ;aainst, was examin- ed as aSritcipal witinesa in the cause. Upon the wh1ole of the case, thle Court Xeterunined that, as Mr. Tijou wouhll have to pay his owl) 0ofts (whicil the hxallinatioti of' 1:3 witnesses, and 10 on interroga- tories on the other side, hadl rendered pretty heavy), anti as Alr. Palmner, wiho had acted bs direction of tie vestry, wotid most pro- bably be i demnihied for his costs, it would decree Air. Tijou 301. aginine e.ipensti:ni; and suspend himn for oiie week nb ingremss ec- Ttie Proctor's bill in * Palner an(i Itoffty" being then por. rected, and reported to be taxed at 28911. 15X. 3d.. the Court destred that its decree to Tijou s.hould be increased to ;01. COURT OF PECIJLIARs M,nhrnvv -7r-v 19 TIE OFFICE OF THE JUDGE PRO MOTFD BY PALMER AGAINST TIJ(Yll.