Letter to the Right Hon Lord Stanley Mp for North Lancashire On the Law of
Letter to the Right Hon Lord Stanley Mp for North Lancashire On the Law of
Campbell John
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The interdict is gone, and it is replaced by no substitute. There being no remedy in any Court, civil or criminal, lay or ecclesiastical, without a valid rate, the only question remaining is, whether a valid rate can be made without the consent of a majo- rity of the vestry. In the difficulty that has been occasionally expe- rienced upon the subject ever since the Reforma- tion, on a refusal by the parish, attempts have been hazarded to make a rate by the Ecclesiastical Court, or by Commissione...rs appointed for that purpose by the Bishops. These have been held to be illegal, and I apprehend will never be repeated. In the case of St. Mary Magdalen, Bermondsey, * it * 2 Mod. '222. 16 was the opinion of the whole Court (among other things), that the Bishop or his Chancellor cannot set a rate upon a parish, but it must be done by the parishioners themselves ; and so North, C. J. , said that it had been lately ruled in the Common Pleas. In Black v. Newcomb, * it was decided that the Ecclesiastical Court cannot make a rate, or appoint Commissioners to do it.
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