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of years to trustees, for the purpose of securing those annuities. By indenture of the 19th of January, 1825, reciting the grants of annuities above mentioned, and that the defendant had agreed to pay off and repurchase those annuities, and that Peter Moore, the chairman of the British Annuity Company, had on behalf of the company agreed with the defendant for the purchase of an annuity of 574/. for a term of ninety years, if the defendant should so long live, for the price of 44007., and that it had been agreed that Moore should out of that sum pay off the several annuities before granted, and that the annuities and the terms created to secure the same respectively, should be assigned to a trustee for the benefit of the company, the defendant granted an annuity of 574/., payable quarterly on certain specified days, and charged on his rectory and vicarage, to Moore; and there was a power of distress in case it should be in arrear for twenty-one days, and a power to enter and take the rents, tithes, and profits, if it should be in arrear for twenty-eight days. The indenture also contained an assignment of the four annuities by the annuitants; of the two terms created in 1813 and 1816, by R. Withy and J. H. Shepherd; and of the two other terms created in 1820 and 1823, by the trustees of those terms, respectively, to Wilks, as a trustee, for the benefit of the Company. In 1826 the annuity became in arrear, and a sequestration issued. It was contended for the defendant that the deed of 1825 created a new charge on the defendant's living, and the assignment

of the former terms to a trustee for the purpose of securing the payment of an annuity so created since the statute 57 Geo. 3, c. 99, was void. Lord Lyndhurst was of opinion, that the assignment to Wilks of the terms created in 1813 and 1816, vested the legal estate in him, and therefore that the lessor of the plaintiff was entitled to recover; and he directed the jury to find a verdict for the plaintiff, but reserved liberty to the defendant to move to enter a nonsuit.

It

Comyn now moved accordingly. The assignment of the terms granted in 1813 and 1816, to Wilks, did not vest the legal estate in him, because the object of it was to secure, not the original annuities, but the annuity first granted by the deed of 1825. operated, therefore, as a new charge on an ecclesiastical benefice, and consequently is void. The terms created to secure the annuities granted in 1813 and 1816, have been satisfied by the payment of those annuities. [Parke, J. The two terms created in 1813 and 1816 for the purpose of securing the annuity, and charged on the benefice, were valid in point of law, because the charge created by them was made after the passing of 43 Geo. 3, c. 84, and before the passing of 57 Geo. 3, c. 99. The assignment of those terms for the purpose of securing the annuity granted in 1825, operated pro tanto as a continuance of the original charge, and vested the legal estate in the lessor of the plaintiffs. This case is precisely the same as Doe v. Gully.]

Per Curiam. There must be no rule.
Rule refused.

UNIVERSITY, ECCLESIASTICAL, AND PAROCHIAL INTELLIGENCE.

TRIBUTES OF RESPECT.

THE REV. R. WILSON.-A token of respect has been presented by a deputation of the congregation of Christ Church, Liverpool, to their late excellent curate, the Rev. Robert Wilson, B.A., at his residence at Bootle, on which occasion the following address was delivered :

"Reverend Sir,-Ours is the pleasing office to convey a memorial of affectionate esteem and respect from a grateful congregation to an exemplary and faithful pastor, whose instructive and sound discourses, joined to fidelity and untiring zeal in the discharge of his ministerial duties, will ever be remembered with heartfelt emotions. The unavoidable dissolution of the bond that united us, we trust, by the divine blessing of an

all-wise Providence, is only an introductory call to a field of more extended usefulness, whither our prayers will follow for a blessing on your subsequent ministry."

To which address the reverend gentleman replied in the following terms: "Gentlemen, I scarcely know in what language to express my gratitude for the kindness showed to me by the congregation of Christ Church, in presenting me with so handsome a token of their esteem. I feel grateful to them for their valuable gift, and particularly for the very flattering manner in which it has been conveyed. I confess I look with feelings of the deepest regret upon the dissolution of the bond that united us together as pastor and people. Christ Church was the first church to which I was ever appointed, and we all know the warmth and purity of a first attachment. You have this day proved (if any proot were necessary) that this attachment was mutual—a circumstance which deepens the pangs of parting. I assure you I shall carry the memory of 'your kindness with me to the grave; and should I ever be appointed to another charge, the esteem and affection manifested towards me by the congregation of Christ Church will act, I trust, under the Divine blessing upon their prayers, as an encouragement for me to labour with more untiring zeal in the discharge of my ministerial duties."

INSCRIPTION.
Presented to the

REV. ROBERT WILSON, B.A.

By the Members of the Congregation of Christ Church,

Liverpool,

On retiring from his charge, 29th May, 1836,

This Salver, a Sacramental Service, and a Purse, containing
One Hundred Guineas,

As a memorial of their high estimation of his unaffected piety
and disinterested zeal in the discharge of his duties as a
Minister of the Gospel.

THE REV. R. B. HONE.-An elegant silver salver and two waiters of the same material have, as tokens of respect and esteem, been presented by the parishioners of St. Thomas's, Portsmouth, to their late beloved curate, the Rev. R. B. Hone, who, after -seven years” service among them, has been appointed Vicar of Hales Owen, Shropshire.

REV. T. O. PARR.-The scholars of the Islington Proprietary School have presented their Head Master, the Rev. T. O. Parr, of Brasennose College, with a very handsome piece of plate, on his resigning the duties of his office, as a testimony of their esteem and regard. It was presented after the prizes had been awarded.

THE LATE DR. VALPY.-We are gratified in learning that the pupils of this venerated and illustrious man are about to erect a tablet in St. Lawrence's church, to perpetuate the remembrance of his virtues, and of their gratitude. The subscription is limited to one guinea from each scholar, and the object will be carried into effect under the direction of Baron Bolland, Sergeants Merewether and Talfourd, and other distinguished gentlemen.

REV. B. POWELL.-Mr. Professor Powell, who had been doing duty at the University School, Oxford, for the last three years, and that gratuitously, until the opening of the new Church, has been presented with a very handsomely-bound Bible, quarto size, with marginal references, and accompanied with the following inscription:" To commemorate his Sunday afternoon Lecture, which he delivered in the University School, Oxford, with the concurrence of the Governors, and the Archdeacon of the Diocese, this Bible is presented to the Rev. Baden Powell, M.A. &c. &c. as a small token of great respect, by a portion of his late congregation.-July 15th, 1836."

FOURTH REPORT FROM HIS MAJESTY'S COMMISSIONERS APPOINTED TO CONSIDER THE STATE OF THE ESTABLISHED CHURCH WITH REFERENCE TO ECCLESIASTICAL DUTIES AND REVENUES.

TO THE KING'S MOST EXCEllent Majesty.

We, your Majesty's Commissioners, appointed to consider the state of the Established Church in England and Wales, with reference to Ecclesiastical Duties and Revenues, humbly present to your Majesty, this our Fourth Report.

Having in our last Report completed the subject of Episcopal Duties, Revenues,

and Patronage, we now proceed to offer such further recommendations as have occurred to us, upon the remaining parts of the inquiry which has been committed to us by your Majesty.

CATHEDRAL AND COLLEGIATE CHURCHES.

Under that head of our Second Report, which relates to Cathedral and Collegiate Churches, so many points are comprised, affecting a variety of interests, rights, and customs, that it is scarcely possible to lay down any general scheme, which may not be open to some objections, and into which it may not be neces sary, upon further inquiry and consideration, to introduce some alterations. We see no reason to doubt the correctness of the principles upon which we have proceeded; but there is one proposition, which may perhaps be considered as deviating, in some respects, from those principles, and which, we think, may be advantageously modified.

We have recommended that, until the existing chapters shall be reduced to the proposed future number, no new election or appointment should take place. This process of reduction would affect the succession to cathedral preferment, for so long a time, as to afford a just ground of complaint to the clergy; while it would exclude the crown in some cases, and the bishops in others, from the exercise of this kind of patronage, during the same period. In order to obviate this inconvenience, we venture now to submit a plan, for filling up certain vacancies among the canonries, in chapters where the number of canonries is not less than six. This plan will, it is true, lengthen the period, which must elapse, before the reduction to the future number will be complete; but it will be more equitable, as regards both the patrons of cathedral dignities, and the clergy who may reasonably look to that kind of preferment; and it may tend to facilitate the arrangements, necessary to be made, with respect to the residence and duties of the canons, in each of the chapters, while the change is in progress.

Reverting to the subject of ecclesiastical patronage belonging to cathedral and collegiate bodies, we are of opinion, that it will be advantageous to the Church, to make an arrangement, which shall leave in their hands as much patronage as may be required for the members of the different chapters, and for the subordinate clergy who may serve under them; and which shall transfer the remainder to the hands of the respective bishops, as an addition to the means which they already possess, of placing laborious and deserving clergymen in situations of usefulness and independence. It is to the bishop that the clergy of his diocese naturally look, for encouragement and reward; and it is on every account desirable, that the connexion between them should be strengthened by all possible means.

With these views, we recommend, that, upon the vacancy of any chapter living, the dean and chapter should present one of their own body; or a minor canon of five years standing; or, if there be a grammar-school attached to the church, the clergyman who shall have served five years as its master; and that, in case of their not so presenting within three months, the living should be at the disposal of the bishop of the diocese, in which it shall be locally situate; to be conferred by him upon some clergyman, who shall have served, within such diocese, as curate or incumbent, for at least five years; and that, in default of the living being so filled within three months more, it should lapse to the Archbishop.

We have already pointed out the necessity of making some alterations in those statutes of the respective chapters, by which the turns and periods of residence are regulated. We now recommend, that the visitors of the several chapters should make those alterations, as well as such other alterations as may be neces'sary, in order to render the statutes and rules consistent with the altered constitution and duties of these bodies; but that such statutes as shall be so made by the visitors, should not take effect, until they shall have been submitted to the commissioners referred to in our last report, and shall have received the sanction of your Majesty in council.

In concluding this head of our Report, we beg leave respectfully to acknowledge your Majesty's gracious communication, made to us through Viscount Melbourne, that it is not your Majesty's intention to promote to the stall in the cathedral church of Westminster, vacant by the death of the Bishop of Lichfield and Coventry, but to leave it open, and subject to the immediate operation of those regulations and arrangements, which we are engaged in introducing.

CATHEDRAL AND COLLEGIATE CHURCHES IN WALES.

We now proceed to recommend to your Majesty such arrangements, as appear to us to be applicable to the cathedral and collegiate churches in the Principality of Wales. We have already adverted to the peculiar circumstances of these churches, which differ so materially from those in England, that we have found it impossible to treat them upon a similar plan. Their revenues are inadequate to the support of a dean and four canons; they partake, in some measure, of the nature of parochial churches; the cathedral services are not, in all cases, performed daily, and none of the prebends appear to be residentiary.

Keeping in view the general principles, by which we were governed in framing our Second Report, and desiring to make a proper provision for the archdeaconries in Wales, which we are of opinion ought to be, as well as those in England, efficient and useful offices, we submit to your Majesty the following recommendations.

With respect to the northern part of the principality, we recommend that the deaneries of St. Asaph and Bangor, both of which are well endowed, and are in the patronage of the bishops, should, after the present incumbencies, be united to the respective archdeaconries of St. Asaph and Bangor; and that the third archdeaconry, that of Merioneth, should receive an addition to its present endowment, from the property belonging to one of the prebends in the chapter of Bangor; that a part of the tithes, of which the endowment of the deanery of Bangor consists, should be applied to augment the vicarages, or perpetual curacies, of the parishes in which they accrue; and that the corps, now belonging to the prebend of Penmynydd, should be annexed to the deanery.

We further recommend, that the chapter of St. Asaph should consist of the dean and two canons, the latter having the cure of souls within the parish; that the deanery should retain so much of its separate endowment, as shall remain after competent provision shall have been made for the vicarage of Henllan, the rectory of which is annexed to the deanery; and that the divisible revenues should be equally shared by the two canons.

We also recommend, that the chapter of Bangor should consist of the dean and two canons, the latter performing the same duties in the cathedral, and in the parish of Bangor, as are now performed by the priest vicars of that cathedral. With regard to South Wales, we recommend, that at St. David's, the chapter should, in future, consist of the precentor and two canons, who should discharge the duties of the cathedral, and of the parish of St. David's; that the divisible revenues should be divided into twenty-four parts, of which the precentor should receive ten, and each of the canons, five; and that the remaining four should be paid, as an endowment, to the Archdeacon of Cardigan.

There are several prebends in the collegiate church of Brecon, one of the best of which should, we think, be annexed to the Archdeaconry of Brecon; which, as well as the Archdeaconry of Cardigan, is at present very insufficiently endowed. The chapter of Llandaff consists of the bishop, and twelye prebendaries. We recommend, that one seventh, being the bishop's present share of the divisible. revenues, should be reserved to him; and that the remainder should be appro priated to the maintenance of a chapter, consisting of one archdeacon and two canons; the latter being charged with the cure of souls, in the parishes of Llandaff and Whitchurch respectively.

We are of opinion, that all the remaining property, belonging to the canonries and prebends, in the chapters of St. Asaph, Bangor, St. David's, Llandaff, and Brecon, should, as they become vacant, be made applicable to the improvement of small livings in the principality of Wales; unless it should be determined to appropriate a portion of that property to the college of St. David's at Lampeter, either in exchange for some benefices with the cure of souls, which are now connected with that establishment, or in the way of further endowment.

Our attention has lately been drawn to the collegiate church of Wimborne Minster, a royal peculiar, in the county of Dorset; which was not mentioned in our Second Report, in consequence of no return respecting it having been made to the commissioners appointed by your Majesty to inquire into the revenues and patronage of the Established Church.

This corporation originally consisted of a dean, prebendaries, and other officers; but the management and control of the whole has since been vested in twelve governors, who exercise ecclesiastical jurisdiction, within the parish, by their official; and have at their disposal the property belonging to the church.

From information, which we have received through the commissioners appointed to inquire into charities, we have reason to believe, that, under proper management of the possessions belonging to this establishment, there would be a surplus revenue, after satisfying all the original purposes of the foundation. We recommend, that power should be given to your Majesty in council, upon the recommendation of the ecclesiastical commissioners, to direct the application of any surplus, which may, upon further inquiry, be found to exist, towards making a better provision for the spiritual care of the parish; which contains 4,000 inhabitants, and had formerly three chapels of ease, of which one only is now remaining.

With respect to the endowment of archdeaconries, we have already recommended, that in each cathedral, where it is practicable, one at least of the stalls should be applied to the purpose of making a better provision for that important office. We now recommend the annexation to the office of archdeacon of a canonry, either entire or charged with a provision for another archdeaconry within the diocese, as soon as either of such arrangements can be made; and that until such method can be resorted to, the commissioners should have. power, in cases where it may be necessary, to augment the incomes of archdeaconries to a sum not exceeding 2001. per annum, out of the property arising from sinecure rectories, or from the suppressed prebends. We would not be understood to express an opinion, that this amount of income is an adequate provision for the office of archdeacon; but we do not think it expedient to propose any larger deduction from the means of augmenting the incomes of the parochial clergy, to be furnished by the operation of the measures which we have recommended.

We find that benefices are annexed, by act of parliament, or otherwise, to the headships of some colleges, in the universities of Oxford and Cambridge. It is evidently desirable, that such benefices should have incumbents, practically, as well as legally, invested with the cure of souls. We are of opinion, that this object might be effected, in some cases at least, if the advowsons were sold, with the consent of the respective colleges, and the money, arising from the sales, invested in proper securities, the interest being made payable to the heads of the several colleges for the time being. We are also of opinion, that upon the completion of the arrangement, the present incumbents should be permitted, upon resigning the benefices, to receive the interest arising from the proceeds of the sales; and that power should be given to the colleges themselves to purchase the advowsons.

We think it desirable, that a similar course should be pursued, with respect to the benefice annexed to the Regius Professorship of Divinity in the University of Cambridge.

There are a few parishes, in which both the profits, and the spiritual charge, are divided between two or more incumbents, each having a portion, or mediety, as it is in some places called, of the benefice, and being charged with its duties in turn. It is obvious, that such an arrangement involves serious inconveniences, both to the parishes, and to the portionist clergymen. There are other cases, where benefices are held, together with small sinecure preferments in private patronage, the revenues of which form a part of the income of the incumbent of the benefice. We think that your Majesty in council should be empowered, upon the recommendation of the commissioners, to sanction plans for separating such portions, and constituting them separate benefices; or for consolidating two or more of such portions into one benefice, to be held by one incumbent; or for permanently uniting benefices with the small sinecure preferments above mentioned; or for making such other arrangements, as may promote the efficient discharge of pastoral duty in such parishes, without injuring the pecuniary rights, either of the patrons, or of the existing incumbents.

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