my COMPULSORY CHURCH RATES PROVED TO BE ILLEGAL, UNCONSTITUTIONAL, AND ANTI-PROTESTANT. By S. W. NORTHHOUSE, Esq. BEING THE SUBSTANCE OF A SPEECH DELIVERED AT THE HORNS TAVERN, KENNINGTON, TO THE ELECTORS OF THE METROPOLITAN BOROUGH OF LAMBETH, AND CONTAINING REPORTS OF THE LEGAL DECISIONS on CHURCH RATES ; AND QUOTATIONS FROM THE WRITINGS OF BISHOP LATIMER, Dr. BARROW, Dr. BURN, JOHN MILTON, AND OTHERS. THIRD EDITION. The Profits to he given to the Braintree Subscription . LONDON : J. RIDGWAY AND SONS, PICCADILLY ; DINNIS, PATERNOSTER- ROW J EFFINGHAM WILSON, ROYAL EXCHANGE. 1837. Price Twopei^pe, or 10$. per Hundred for Distribution, LONDON : PRINTED BY J. II ADDON, CASTLE STREET, FINSBURY. ■ ^luv-e^ Set;, U TO THE COMMITTEE FOR CONDUCTING THE DEFENCE OF MR. BURDER, OF BRAINTREE. a X © f»4 Gentlemen, / have the honour of dedicating this Edition of some observations of mine upon Church Rates to you , and to request that you will be pleased to accept the proceeds of the sale , as my mite to the cause in which you have embarked . Though it is neither a precept nor a practice of Christianity to “ go to law with a Brother ,” I am satisfied that, in your case, the exception will tend to carry out the general rule — by putting an end to the litigation and strife which are now constantly occurring . What- ever may be the decision of the tribunal before which you are going, the result must be beneficial . If you succeed, the Dis- senters and liberal Churchmen will be so strengthened and encouraged by your success, as to get rid of this Anti-protestant tax upon conscience by their own exertions, in their respective parishes . If, on the contrary, you fail, the legislature will have a more powerful case than any that has yet been presented to it, for at once settling the question, and preventing the revival of *• a, species of unholy inquisition riding over the common law of * the land, which our ecclesiastical courts, with such a precedent, 5 might soon become . Allow me to subscribe myself, with great respect, Your most Obedient Servant, W. S. NORTHHOUSE. 17, Cornhill, Oct. 10, 1837. i P 6 ^ *30 ABOLITION CHURCH RATES. A public meeting of the electors and inhabitant house- holders of Lambeth, was held at the Horns’ Tavern, Kennington, on Monday, the 27th of March, 1837, to consider the propriety of petitioning Parliament in favour of the plan proposed by His Majesty’s Government, for the abolition of Church Rates. The attendance was very numerous. The Chairman, Samuel Palmer, Esq., having eloquently introduced the subject, letters being read from Mr. Hawes, Dr. Lushington, Mr. Barnard, Mr. Pattison, Mr. Duncombe, and Mr. Grote, and a gentleman having requested that all the resolutions might be read, in order that the Meeting might have the whole series fully before them, to prevent their being entrapped by any party manoeuvre ; — 6 Mr. North house, being called upon by the chairman, addressed the Meeting as follows: — Gentlemen, I have the honour of being deputed to bring the first Resolution before you. It is one to which I trust that the gentleman who has requested that the whole of the Resolutions be read will not object: it is one to which every man may assent, be he Whig, Tory, or Radical ; — it is one with which politics ought to have no connexion ; and I earnestly hope that in its consideration we shall strictly confine ourselves to its substantive merits, and be prepared, rather than lose sight of truth, justice, and Christian principles, to fling “ party to the winds, and faction to the whirlwinds.” (Cheers.) The following is the Resolution :— “ That this meeting view with unfeigned regret, the grievances and contentions which have constantly occurred on the subject of Church Rates, often bringing the ministers of the gospel into un- seemly collision with their parishioners, and destroying that good fellowship which ought to prevail amongst the members of a Christian community (Cheers.) Now were there any thing in this Resolution, or in the objects of this Meeting, that could have the least tendency to impair the efficiency of the Church of England, or to lessen the spread of moral and religious education among the people, I should reject it with disdain — I would be no consenting party to such a proposal. I consider that England owes its greatness and its glory mainly to the moral excellence of its people: that the ad- vancement of religious principles, and the consequent sound- ness of the population, are in comparison with politics, “ As Ossa to a wart.” Hence I would implore you to suffer nothing to divert or distract your minds from the real question at issue; which is, whether it is more for the interests of Christianity, and better for the community at large, that Church Rates should be abolished, or that they should not (hear, hear), and whether in fact that the present system does or does not produce consequences the most inimical to religious feeling — war where there ought to be peace, discord where there ought to be harmony, and hatred where there ought to be Christian charity and brotherly love? (Cheers.) 7 Gentlemen, a great number of petitions have been presented to both Houses of Parliament, praying that Church Rates should not be abolished, and really it might be imagined, from the clamour of many of the Church Rate payers on the subject, that the old charge against the people of “ an ignorant impatience of taxation,” should be changed to an ignorant impatience of relief; ( laughter ) but do I regret the number of these petitions ? Far from it ; I rejoice that such a feeling exists ; I rejoice in believing that any portion of those petitions evinces a sincere apprehension on behalf of the Church ; — the motives of such petitioners are deserving of the highest honour and the warmest sympathy ; — they love the faith of their fathers, and desire that their children may never want the means which they possess, of being educated in the paths of religion and piety: — God forbid that of such a feeling they should ever be deprived, or that the policy of any government should ever interfere with its growth, and its development! — I accuse not it , but I accuse those who would take advantage of such virtuous simplicity ; of those who, for their own ambitious and corrupt objects, have guaged the extent of unsophisticated piety in the rural districts, and made nice calculations of the votes they might gain by alarming the fears of wayfaring but church-loving country people. {Hear, hear.) I do accuse those who expect by such tricks to regain place and power. I do accuse that blasphemous presumption which would make the ‘ 4 kingdom of God” a mere stepping-stone to mundane preferments ! — I do accuse that reckless selfish- ness which could risk, for such paltry objects, the con- tinuance in Christian faith, of those who, when they discover how they have been cheated, may confound reli- gion itself with its false-hearted professors! {Hear, hear.) That there is no such pretended veneration for Church Rates among those fomenters of the rural districts, I have a pretty strong proof in my hand ; I hold here a letter addressed to one of the greatest champions of the present Church system, from the Churchwardens of two metro- politan parishes, the parishes of St. John and St. Margaret, Westminister, beseeching him to pay his own arrears of Church Rates which have been due for more than four 8 years ! ( Loud cries of hear , hear.) The Right Honourable gentleman to whom this letter is addressed is not poor so that he is unable to afford them, but on the contrary of princely wealth ; he is not sordid, but on the contrary of princely liberality. You must judge therefore politically, rather than personally of his motives. I will read the letter. [Mr. Northhouse then read the letter, which was dated 10th December, 1836, and asked for the payment of £16. Os. 10 d., being arrears for Church Rates in the years 1831 and 1832. It stated, that there might be a doubt as to the legality of the rate, but £800 having been advanced on the security of the rates, for the purpose of providing increased accommodation for the poor, and the executors of the party who had advanced the money being anxious for its repayment, the churchwardens hoped that their request would be complied with, especially from those “ who were such true friends to the Church , and who had never yet paid any Church Bates at ally” as was the case with the inhabitants of Whitehall, Richmond Terrace, &c. This letter was signed by Henry Lucas, James Bower, John Johnson, and James Lys Seager, church- wardens. ( Loud cries of name , name .) ] I ought not to give the name — the letter is not answered to this hour; but from the important claims upon the Right Honourable Gentleman’s time, it may not yet be convenent to answer it ; and I only adduce it to show that there is no such personal feeling of the necessity of Church Rates among the great promoters of the cry in their favour as they wish to enkindle in others. ( No , no — name , name.) There might be another reason : the Right Honourable Gentleman has alluded, in Parliament, to the “ privilege and pleasure ” of contributing to the Church Rates; and, perhaps, he might not be averse to indulge the people with the privilege and pleasure of paying his portion as well as their own. ( Laughter , succeeded by cries of name , name.) Gentlemen, the argument is just as good without the name as with it. ( Name y name.) I hope, as the Right Honourable Gentleman may pay this demand, you will not compel me to divulge his name. {Here the uproar became tremendous , and Mr. N. was not permitted to proceed by the shouts for 9 the name.') Well, if I must give you the name, this is the copy of a letter addressed, among other persons, to the Right Honourable Sir Robert Peel , Baronet. (Loud cries of Oh! Oh! and long -continued laughter.) Gentlemen — having disposed of this letter, I will now proceed to the consideration of compulsory Church Rates, in a legal, constitutional, Protestant, and religious point of view ; and as it is a subject of very great importance, I must solicit your attention to details of rather a dry character, as t shall first begin with the Law. During the recent debates in Parliament, it has been said, that where parishes refused to pay Church Rates they could be compelled to do so by a mandamus. In the second vol. of Modern Reports, the following cases occur : the first is Rogers v Davenant . “ In prohibition the question was, whether, if a Church be out of repair, or so much out of order, that it must be rebuilt, the bishop of the diocese may direct a commission to empower commissioners to tax and rate every parishioner for the rebuilding* thereof 7 The court unanimously agreed, that such commissions are against Law, and therefore granted a prohibition to the spiritual court to stop a suit there commenced against some of the parishioners of Whitechapel, for not paying the tax according to their proportions.” Again in the Court of Exchequer, page 222 — in the case of “ St. Mary Magdalen , Bermondsey Church, Southwark ,” wherein was de- cided : “ That the Bishop, or his Chancellor, cannot set a rate upon a parish ; but it must be done by the parishioners themselves.” “ So North, Chief Justice, said it had been lately ruled in the Commoiv Pleas.” Again, there is a case in the fifth vol. of the Term Reports (the King against the Churchwardens of St. Peter’s, Thetford), which is reported as follows : (t Bower (Counsel) moved for a mandamus to the defendants (the Churchwardens) to make a Rate for the repairs of the Church of this Parish. He admitted that, in general, the Rate should be made by the Churchwardens and Inhabitants , at a Vestry, but said that the former alone might make a Church Rate, if the latter refused (1 Ventris, 367) ; and he stated that the Inhabitants had refused in this case; but the Court said, we cannot interpose by granting a mandamus , this being a subject purely of Ecclesiastical jurisdiction.” Also in “the King against Wilson and others.’ — Dowling and Ryland’s Reports, vol. V. p. 602, it is stated : “ On a former day a Rule was obtained, calling on the Church- wardens of , in the County of Cambridge, to show cause why a A 3 10 mandamus should not issue to them, commanding them to make a Rate f for the repairs of a donative Church, in that Parish. Scarlet showed cause, and objected, preliminarily that a mandamus would not lie to the Churchwardens to make a Rate. All that they could be required to do was to call a meeting of the Parishioners, for the purpose of considering the propriety of making a Rate. The Churchwardens had not power to make a Rate without the sanction of a Vestry. He cited the King against the Bishop of Chester (1, T. R. 396), and the King against St. Margaret’s (4, Maule and Selwyn, 250). Denman (Counsel on the other side) admitted the force of the objection. The Court said , you cannot call upon the Churchwardens to make a Rate. You can only call upon them to hold a Vestry -meeting for that purpose — Rule discharged.*” Now, Gentlemen, all these cases agree, in the principle that the Common Law Judges have not power to compel * Since the first Edition was published, I have received from a very rising Member of the Bar, the following letter — The authority of that first rate Lawyer, Lord Tenterden, adds greatly to the case. Lincoln’s Inn , 17 th April, 1337. Dear Sir, It may appear superfluous, after the conclusive argu- ments in the Pamphlets just published by yourself and the Attorney- General, to cite any additional authority to prove that Church Rates cannot be legally imposed without the consent of the Parishioners ; but there is a case of Cockburn versus Harvey (2. Barnw . f the case. The immortal Milton says, * Burn on Ecclesiastical Law.* 13 ** Forced consecrations out of another man’s estate are no better than forced vows— hateful to God ( who loves a cheerful giver but much more hateful, wrung out of men’s purses, to maintain a disapproved ministry against their conscience ; however unholy, infamous, and dishonourable to his ministers, and the free Gospel, maintained in such unworthy manner as by violence and extortion. If he give it, as to his teacher, what justice or equity compels him to pay for learning that Religion, which leaves freely to his choice, whether he will learn it or no, whether of his teacher or another, and especially to pay for what he never learned or approves not ; whereby, besides the wound of his conscience, he becomes the less able to recompense his true teacher V 9 * Here is a powerful argument which I now call upon the advocates of those “ forced consecrations” to answer. Are they prepared to provide for the chapels of the Dissenter to the extent that they incapacitate him from providing for them himself? If not, where is their justice? Where is their practical observance of “ Do ye unto others as ye would that others should do unto you V* ( Loud cheers .) Gentlemen, let us now look at another feature of this case, and inquire how far Church Rates are consistent with Christianity. [Hear.) There are certain principles and precepts which all acknowledge, and which bear most powerfully upon this part of the subject. The great founder of our faith laid an express injunction upon his disciples, — (the successors of whom the Established Clergy claim to be)— he directed them to go forth and “ preach the Gospel to every creature;” to “ take neither purse nor scrip,” but in every house say “ peace.” Do they, in the forcible exaction of Church Rates, obey this injunction? Do they not take both purse and scrip (a voice , (C yes, and Bibles too, 1 ’) and in every house say “war?” ( Great cheering.) Again, our Saviour proposes a test of the sincerity of his followers ; — he says, “ By this shall all men know that you are my disciples, if ye have love one to another Where is the love that is enkindled or developed by summonses and warrants of distress? Milton in his time denounced * Essay on the likeliest means to remove Hirelings out of the Church. 14 such anti-Christian conduct, and compared it to that of the wicked sons of Eli, who fell victims to the righteous vengeance of that God whose temples they had desecrated, and whose services they had prostituted : he says, “ Their violent and irreligious exactions ; — their seizing of pots and pans from the poor; from some the very beds; their suing and imprisoning, worse than when the Canon Law was in force ; worse than when those wicked sons of Eli were Priests, whose manner was thus to seize their pretended priestly due by force; — 1 5am. 12. fyc. * Whereby men abhorred the offering of the Lord,* And it may be feared that many will as much abhor the Gospel, if such violence as this be suffered in her ministers, and in that which they also pretend to be the offering of the Lord. For those sons of Belial, within some limits, made seizure of what they knew was their own by an un- doubted Law ; but these, from whom there is no sanctuary, seize out of men’s grounds, out of men’s houses, their other goods of double, sometimes of treble value, for that which, did not covetousness and rapine blind them, they know to be not their own by the Gospel they preach.”* (Hear, hear,) What a spectacle we had but yesterday in this great metropolis — here in the capital city of Christianized Europe, to witness in one parish alone the issuing of 1200 warrants of distress for Church Rates ! ( Loud cries of hear , hear, and great groaning.) Is this Christianity? (No! No!) But let us not confine ourselves to the testimonies of our friends — to the evidence of those who “ have a reason for the hope that is in them” — let us go into the camp of the infidel and behold there the direful use that is made of these unholy weapons of professing Christians ; — let us mark how the Titans, who ate warring against our Olympus, shoot back those weapons upon Christianity itself. Observe the language of their great leader : “ Is it, say’st thou, religion that’s the parent Of all this rapine, virulence, and rage? No ! true religion is ever mild, propitious, and humane; Plays not the tyrant ; plants no faith in blood ; Nor bears destruction on her chariot wheels ; But stoops to succour, polish, and redress, And builds her grandeur on the public good.” * Milton on the likeliest means to remove Hirelings from the Church. 15 Let not those who profess the benign, the mild, and the beautiful principles of Christianity, be taught their own religion by the arch infidel Voltaire. {Loud cheers .) Gentlemen, we will now go from Christianity in general to Protestantism in particular, and see how far the very basis of Protestantism bears upon the question at issue. And here we are very favourably circumstanced; a meeting is advertised to be held in this room next Friday, of no doubt equally pious and patriotic individuals, to support Protestant principles, and to check the “ alarming growth and encouragement of Popery.” (Laughter*) That meet- ing is to be under the auspices and presidency of the Honourable and gallant member for the County, and being so honoured (laughter), and having such truly Protestant objects, it may be as well that those pious and patriotic people should be reminded of the foundation on which Protestantism itself is based, and then perhaps we may look for their co-operation in getting rid of the Popish leaven that still cleaves to our Protestant establishment, in the shape of compulsory Church Rates. (Laughter and cheers,) Be it known, therefore, to Captain Alsager, and his friends, that some two centuries ago the Roman Catho- lic Religion being the dominant Church throughout nearly the whole of Europe, and there being then some few Dis- senters who could not conscientiously belong to it, under- took by three modes to compel all men to lend it their support —first, on pain of forfeiture of goods; secondly, on pain of forfeiture of liberty ; and, thirdly, on pain of forfeiture of life : — now, in the present times there is another dominant Church, which does not attempt to force all men into its communion, but without coveting their souls, extorts their purses, and takes from many their liberty, and from all, their money. (Hear, hear.) Where, I ask, is the difference between the two Churches save in degree ? It is true the present dominant Church does not go so far as the former one ; the secular arm does not ex- tend to the stake, but to the step next to the stake it does extend ; and in principle, both Churches are “ one and indivisible.” (Cheers,) Let me tell Captain Alsager, that it was to combat this very principle that the first “ protest” was issued ; that the sacred right of private judgment in 16 matters of faith, was the very banner of Protestantism 5 — that for this “ the holy army of martyrs” which the Church honours in its liturgy, but forgets in its law {hear, hear), ascended up into heaven through the racks, tortures, and flames of the earth {immense cheering ) ; that for this the Latimers and Ridleys fed those fires in Smithfield, which illumined the Christian world, and at which the torches of the Protestantism, that soon after blazed into day, were lit ! These indeed were pillars of the Christian temple — “ Flinging tlieir shadows from on high, Like dials which the wizard Time Had raised, to count his ages by !” {Great cheering .) That Protestantism was founded upon this great principle, we have authority upon authority; but I will again refer you to Milton, who says, “ It is the general consent of all sound Protestant writers, that neither traditions, Councils, nor Canons of the visible church, much less edicts of any magistrate or civil session, but the scripture only, can be the final judge or rule in matters of religion, and that only in the conscience of every Christian to himself. Which protesta- tion, made by the first public reformers of our religion against the Imperial edict of Charles the Fifth, imposing church traditions without scripture, gave first beginning to the name of Protestant j and with that name hath ever been received this doctrine, which prefers the scripture before the church, and acknowledges none but the scripture, sole interpreter of itself to the conscience. But if any man shall pretend that the scripture judges to his conscience for other men, he makes himself greater, not only than the church, but also than the scriptures ; — than the consciences of other men — a pre- sumption too high for any mortal. Chiefly for this cause do all true Protestants account the Pope Antichrist, for that he assumes to him- self this infallibility over both the conscience and the scripture — * sitting in the temple of God,’ as it were opposite to God, ‘ and exalting himself above all that is called God , or is worshipped ’ — 2 Thess, ii. 4.”* Here then, in their departure from this great principle, is the “ alarming growth of Popery,” at which those pious gentlemen are so much, and so justly alarmed. {Laughter and cheers,) I recommend them to consider the following quotation : — (i The Papist exacts our belief as to the Church due above scriptures, and by the Church, which is the whole people of God, understands * Treatise of Civil power in Ecclesiastical cases. 17 the Pope, the general Councils, prelatical only, and the surnamed fathers ; but the forcing Protestant, though he deny such belief to any Church whatsoever, yet takes it to himself and his teachers, of far less authority than to be called the Church, and above Scripture believed ; which renders his practice both contrary to his belief, and far worse than that belief, which he condemns in the Papist. By all which, well considered, the more he professes to be a true Protestant, the more he hath to answer for his persecuting than a Papist.”* Let us mark too what one of the greatest dignitaries and luminaries of the Church of England says — -a man acknow- ledged to this hour to have been one of the soundest and most erudite of her divines — the distinguished Dr. Barrow ; let us mark the test by which he tries a Chris- tian Church. After showing what such a Church ought to be — “ simple without wealth and pomp,” “ gentle without force and violence,” “ persuasive without imperious awe,” “ forbidden to domineer,” w furnished with no arms save the divine panoply,” teaching to reprove but not being allowed to compel; — he goes on — i( But supposing the Church was designed to be one in this manner of political regiment, it must be quite another thing ; — nearly resembling a worldly state, yea, in” effect, soon resolving itself into such an one ; supposing, as is now pretended, that its management is committed to an ecclesiastical monarch ; it must become a worldly kingdom : for such a polity could not be upheld without applying the same means and engines , without practising the same methods and arts, whereby secular governments are maintained. Its majesty must be supported by conspicuous pomp and phantastry. Its dignity and power must be supported by wealthy which it must corrode, and accumulate by large incomes, by exaction of tributes and taxes . It must exert authority , in exacting laws for keeping its state in order , and securing its interests , backed with rewards and pains ; especially considering its title being so dark, and grounded on no clear warrant, many always will contest it. It must apply constraint and force , for procuring obedience and cor- recting transgression. It must have guards to preserve its safety and authority. It must be engaged in wars, to defend itself and make good its interests. It must use subtlety and artifice, for promoting its interests, and countermining the policies of adversaries. It must erect judicatories, and must decide causes, with formality of legal process ; whence tedious suits, crafty pleadings , quirks of law and pettifoggeries ; fees and charges, extortion and barratry will necessa- rily creep in. All which things" do much disagree from the original constitution and design of the Christian Church, which is averse from * Treatise of Civil power in Ecclesiastical cases. 18 pomp, doth reject domination , doth not require craft , wealth, or force to maintain it ; but did increase at first, and may do still without any such jneans.”* This is what the great Dr. Barrow considered in his day, and this is but a prophetic vision of the Church in our day, and one which that great light of martyrdom, Latimer, saw in his. Listen to the following sermon, addressed by him in the spirit of prophecy to the then clergy : — “ Take heed, and beware of covetousness ! take heed, and beware of covetousness ! take heed and beware of covetousness ! And what, if I say nothing these three or four hours, but these few words ? Great complaint there was against it, — much crying out, — and much preaching, — but, little amendment . Covetousness is the root of all evil. Therefore, strike at that root ? Aye, out with your axes, ye preachers, and strike at that root ! Stand not ticking and toying at the branches, for new branches may spring forth again ; but strike at the root. Fear not these great men , these men of power, — these oppressors of the needy, — fear them not, but strike at the root {Great cheering .) Aye, indeed, “ Strike at that root.” It is the Upas of the Garden of our Eden. — {Hear, hear.) Gentlemen, it is now gravely argued, and that too by great names in the Church, that without wealth to incite — prizes, as they are termed, to provoke emulation — Sees and pre- ferments, to tempt young aspirants for Holy Orders to feel and to declare that they are moved by the Spirit; the Church would have no efficient ministry, and would cease to be preached by u lips wet from the Castalian fount.” The argument is met by Milton in a burst of indignant eloquence. In a reply to some such disputants as are now clothed in lawn sleeves, he says — “ As for your young scholars, that petition for Bishoprics and Deaneries to encourage them in their studies, and that many gentlemen, else, will not put their sons to learning ; away with such young mercenary striplings, and their simoniacal fathers. God has no need of such ; — they have no part or lot in his vineyard. They may as well sue for nunneries, that they may have some convenient stowage for their withered daughters, because they cannot give them portions answerable to the pride and vanity they have bred them in. * Barrow’s Discourse concerning the Divine Unity of the Church. f Gilpin’s Life of Latimer. 19 This is the root of all our mischief ; that which they allege for the encouragement of their studies, should be cut away forthwith, as the very bait of pride and ambition, — the very garbage that draws together all the fowls of prey and ravine in the land, to come and gorge upon the church. How can it be but ever unhappy to the Church of England, while she shall think to entice men to the pure service of God, by the same means that were used to tempt our Saviour to the service of the Devil, by laying before him — honour and preferment V ’* Gentlemen, I wish not to press the Church too hard, or to probe her wounds too painfully; yeti may ask, why is she not more beloved and respected than she is ? There is little in her liturgy that is not lovely and of good repute — her thirty-nine articles are scriptural and sufficiently latitu- dinarian to let in nearly all consciences, from the Calvinist to the Arminian ; how, then, are there such hosts of Dis- senters, who refuse to belong to her communion ? Is it not because she is self-degraded by these attempts to compel men to support her whether they like it or not ? Is it not because her “Right Reverend Fathers in God,” instead of being imitators of the meek and lowly Jesus, are rapacious in their graspings, and rampant in their politics ? (Hear, hear.) It is an old and true aphorism,