« PreviousContinue »
dation to the parishioners of St. Austin's, in respect ot" which they were chargeable as between them and the parishioners of St. Faith's? It must be equally difficult to say, that, because the parish church of the united parishes happens to have been built in the parish of St. Austin's, the parishioners of St Faith's can, for that reason, have an interest in the property devised by Burton.
The bill must therefore be dismissed with costs.
This record is an information, as well as a bill; and the next question is,—What is to be done with the information? Though the bill is dismissed, the Court, it has been argued, must act upon the information; for though the relief prayed in an information be improper, yet the Court, if it sees that something ought to be done for the regulation uf the charity, will take care that it be duly administered for the future. "As to the information," says Lord Hardwicke, in the Attorney-general v. Scott, "that is not to be dismissed, whether what is prayed is properly prayed or not; for though the particular relief prayed is wrong, the information by the Attorney-general is not to be dismissed, if the charity wants any direction." It was alleged, in reply to this principle, that here tlie relators had no interest in the administration of the fund, which has been devoted to purposes of charity. Whatever opinions may have been formerly entertained on this point, I conceive it to be now settled, that it is not necessary for relators to have any interest iu the subject of the suit. In the Attorney-general v. Bucknail, Lord Hardwicke says, " it is not absolutely necessary that relators, in an information for a charity, should be the persons principally interested, for the Court will take care, at the hearing, to decree in such a manner as will best answer the purposes of the charity; and therefore, any persons, though the most remote in the contemplation of the charity, may be relators in tliese cases." But I do not apprehend that it ever has been required of a relator to shew that he has any interest in the relief sought. Lord Hedesdale says, •' if the suit does not immediately
concern the rights of t lie crown, u< officers depend oo the relation of son* person, whose name is inserted in At information, and who is tensed At relator; and, as the suit is carried so under his direction, he is considered M answerable to the court, and to the parties, for the propriety of the s«, and the conduct of it. It sometime happens, that this person has an intnea in the matter in dispute, of the injarc to which interest he has a right to complain. In this case, his persoml complaint being joined to, arid incorporated with, the information eirert t. the court by the officer of the ero*». they form together an information w& bill, and are so termed." Thecharacttr of relator, tlierefore, does not seem I o require the least particle of prirtfe interest in the due administraboo ot that charity.
The main object of having a relator is, to secure to the defendants thecosu of the information, in case it should turn out that the information was inproperly filed; whatever be tlie rest! prayed, it is still tlie information ot the Attorney-general; and the court must act upon it, if the due admumtration of the charity call for At court's interference.
This being so, the present suit, thoaffc dismissed as a bill, remains as an information; and the question is, dots it disclose a sufficient ground for At interference of the court? It is stated, in the answer, that the mode in which the charity has been hitherto adnunutered, is the following:—that there h«= not been a direct application of the whole of the revenues arising from Burton's devise to the repairs of the church, but that, after that purpose has been answered, there has been i surplus which has been applied tw the churchwardens in aid of the parish rates, levied for the support ot the poor and other parochial purpose Now, although that may be considers eventually as a proper mode of applying the fund for the benefit of pw,! people, yet viewed in its direct rendency, it cannot be said to be A* proper mode in which the surplus st a charity should be administered Looking, therefore, at the state el this record, and to the principles *'
which the court acts in the administration of charities, it seems to me, that there is here sometlung to be regulated.
There is, however, a point, in reference to which it will be necessary to bring before the court some person to represent the crown; tor it is to the crown that the portion of the funds belongs, which the testator appropriated to a superstitious use. it was said, indeed, that, as superstitious uses were abolished, the provision made for maintaining a burning taper before the altar would be applicable to the other purposes of the charity; but 1 apprehend that the law is not Mi. The 5th section of the 1st of Edward VI. c. 14, vests in the crown ail lands appointed to go wholly to
the maintenance of a light or lamp in any church: and the 6th section enacts, that where pari ot the revenues of any lauds are appointed to be employed in that way, the sums of money destined to such a purpose shall be enjoyed by the king, his heirs and successors. With respect, therefore, to the small portion of the rents, which is directed to be applied in maintaining a taper, the interest of the crown must be duly represented.
At present I can only direct the information to stand over, that the Solicitor-general may be brought before the court, to sustain the rights of the crown; and when that is done, I shall refer it to the muster to approve a scheme for the administration ot' the surplus of the fund.
SOCIETY FOR THE PROMOTION OF CHRISTIAN KNOWLEDGE.
The Report just published is by far The Society has deprived the Litethe most important and satisfactory rary Committee of the privilege of that has seen the light. The increased publishing works directly religious; circulation of the books and tracts and has added to the permanent catasmounts to 116,855 upon the year pre- logue tweuty-six tracts, ceding, independently of the Literary The Foreign Translation Committee Committee's publications! The account have obtained much important knowis as follows: ledge concerning versions of the Bible
,. Bibles 91,205 and Liturgy. There is in preparation,
Testaments. 82,292 a Sanscrit version, beside various other
Common Prayers.. 198,125 Indian versions; a French version is
Psalters . ,!'*'„;? in progress, founded on a revision of
Bound books II 2,844 th(J bfist exisd w a u
Tracts, &c 1,778,584 ;. n . i • .u ■ j o "f
'' in Dutch, is in the press: and Greek
Tota] 2 278 048 ""^ Arabic versions of the same are in
The receipts of the Society have The principal of the principal grants
been 72,630/. Ms. l\d. and those of are: to the emancipated negroes,
the translation fund 73,836/. 12». 3d. 10,000/. To New South Wales, 3000/.
At the close of March 1836, the To the Calcutta Committee, 1000/. Society's engagements with Messrs. Grants of books have been made to Rivington are to cease, and a deposi- upwards of one hundred places, tory, to he uuder the care of a superin- India.—Dr. Corrie is consecrated teudeut, is now erecting on a part of Iiishop of Madras, and a commission the Society's premises in Great Queen- has issued to consecrate a Iiishop of street. It is computed that this ar- Bombay. 500/. per annum are granted raugeinent will save the Society 2000/. by the Society for two years to the per annum; besides that the books Bishop of Calcutta, for geuerai rebuild tracts may be sold at less cost to gious purposes. The Bishop has applied the Society than before. the Society's grants to schools at
VOL. XVII. NO. XII. 5 E
Penang, Jaffna, and Randy; to assist in building a church at Sincnpore; to the district Societies at Point de Galle, Trincomalee, and Columbo; to a divinity library for the missionaries, &c. at the last-named place. A school has been erected in the Chitpore road, and among a population (mostly Portuguese) of the most degraded description. 4 Books to the amount of 150/. are granted to Penang, Sincapore, and Malacca. The Vepery mission press continues to print the Society's tracts for India. A Tamil translation of Dean Pearson's Life of Schwartz is in preparation, together with Stillingfleet's Catechism, and Archdeacon Robinson's Family Prayers. 7,000/. have been invested in a permanent native education fund. The seminary fund is advanced, and the students make good progress.
Australia.—The colony of New South Wales is in a state of miserable spiritual destitution. Archdeacon Broughton's letter will be read with fearful interest. In addition to their grant of 3,000/. the Society have memorialized government on the subject. In seventeen counties, equal to the some average in England, there are only Jive Clergymen: nearly the whole of these districts are without schools; and the entire colony contains only eight churches. Nothing whatever has been done by the government of the mother country for the spiritual wants of the colony during the last nine years!
North America.—National, Sunday and Infant schools are increasing in Canada and Nova Scotia: and the demand for Bibles, Prayer - books, tracts, &c. advancing.
West Indies:—In addition to the grant of 10,000/. Common Prayer-books to the amount of 1,000/. have been granted to the negroes. These were immediately disposed of, and on the representation of the Bishop of Barbados, 250/. additional were granted in furtherance of the same object. Nothing can be more cheering than the West Indian communications, which represent the negroes earnest in seeking the means of knowledge, and the planters eager to cooperate with the Society in supplying them.
The Saturday Magazine is about to be regularly reprinted in the United States of America.
The Report contains some very interesting particulars relative to the state of education at home, by which it appears " that the number oi children educated in infant and daily schools established by Dissenters, amount* only to one in twenty-four of the whole; but that the number in Sunday schools amounts to one half the eattn number educated in all the Sunday schools in the thirty-three countia, from whence the returns mere made. This is inclusive of the Methodists; but what an alarm it sounds to the members of the Church of England to be up and be doing! They wllthod every'encouragement to do stfinthe details of the interesting Report, which we have here very inadequately attempted to condense.
s.r.o.—Manchester Deanery Ccsnuf"AT a Public Meeting of the members and friends of the Society for the Propagation of the Gospel in Foreipi Parts, held at the Town Hall, Manchester, on Monday, October 26,1835. the Right Rev. the Lord Bishop of Chester, President of the Manchester Deanery Committee, in the chair,
It was moved by the Right Hon. the Earl of Wilton, seconded by tlte 8"James Slade, M.A. Vicar of Bolton-teMoors, and resolved unanimously,
1. "That The Society for the Propagation of the Gospel in Foreign P«rB, directed its chief attention, for aloof series of years, to the fulfilment of the more immediate'objects of its charter of foundation—* the maintenance « an orthodox Clergy, and themfto? 0l such other provision as seemed tn** snry for the propagation and '"PP* of the christian religion in the'Brio* plantations and colonics ;' — that through its agency it was, that the now flourishing Protestant Episcopal Church ol the United States of America is, according to her own grateful acknowledgment, 'indebted, under God, to the Chukch Of England./ot her first foundation, and a long continuance of nursing care and protection;' —that since the separation of that portion of our ancient American dependencies from the mother country, the exertions of the Society, in.the W estern continent, have been carried on with unabated zeal, and under the Divine favour, in the extensive dioceses of Nova Scotia and Quebec;—and that, although struggling with the difficulties of most inadequate resources, it still continues its pious efforts to provide for the religious wants of our fellow-subjects.in those quarters, whether the descendants of the aboriginal inhabitants and the early settlers, or that vast and accumulating population which the tide of emigration is yearly bearing to the American shores."
It was moved by William Atkinson, Esq. Churchwarden of Manchester, seconded by the Rev. Oswald Sergeant, M. A. Fellow of Christ's College, Manchester, and resolved unanimously,
2. "That the Society has ever been ready, according to its means and opportunities, to enlarge the sphere of its evangelical labours; and that for a period of nearly half a century, the design of a more effectual provision for the dissemination of Christianity throughout our Indian empire has .been , constantly kept in view ;-i-tlial amidst the obstacles and discouragements which retarded the accomplishment of this purpose, the Society was consoled by the knowledge that her labours in that remote region were rendered the less necessary through the interposing care and unwearied benevolence of her venerable sister, the 'Society for promoting Christian Knowledge;'—that since the foundation of the Indian Episcopate, and the establishment of Bishop's College in Calcutta, the flourishing missions of that Society, pronounced by Bishop Ilcber as constituting ' the strength of the christian cause in
India,' have been confided to the care of the Society for the Propagation of the Gospel;—and that many favourable circumstances which now operate towards the advancement of her objects in our East Indian territories, present an additional and imperative reason for the instant and strenuous devotion of her best energies to the discharge of the sacred duties to which the hand of a directing Providence thus manifestly summons her."
It was moved by Robert Sharp, Esq. seconded by the Rev. R. Duruford, M. A. Rector of Middleton, and resolved unanimously,
3. " That the attention of the Society, from a very early period, has beeu directed with most lively interest, and its influence and opportunities unceasingly employed, to the promotion of the religious welfare of that unfortunate portion of the inhabitants of our West Indian possessions, so long and lamentably held in the condition of slavery; and most heartily does the Society rejoice in the prospects which are opened by the change of that condition, to the more successful prosecution of its objects amongst that class of our fellow-creatures: but that to render her exertions in any degree equal to the increased necessity which the emancipation of the negroes has laid upon them, a large original cost, amouuting to not less than 100,000/. must be undertaken for the erection of churches and schools, and a proportionate additional charge upon her future animal expenditure will likewise have to be defrayed by the maintenance of Clergyman and schoolmasters."
It was moved by Hugh Hornby Birley, Esq., seconded by the Rev. C. D. Wray, M.A. Fellow of Christ's College, aud resolved unanimously,
4. "That it is the bounden duty of a christian nation, and not less the unquestionable.interest of a commercial cpuutry like our own, to use whatever of influence or advantage a bountiful Providence has placed in her possession for the. propagation of the gospel, and the diffusion of the manifold blessings of our holy religion; and therefore this meeting earnestly hopes that the designs and labours of this ancient Missionary Society of the Church of England will not fail of receiving, through the Manchester Deanery Committee, such powerful encouragement and assistance as their magnitude and importance at this moment demand, and which may justly be expected from an enlightened, a liberal, and a religious community."
It was moved by George E. Marsden, Esq , seconded by the Rev. G. Dugard, M. A. Incumbent of St. Andrews, Manchester, and resolved unanimously,
S. "That these resolutions be communicated to the Clergy of the deanery, and to the members of the Committee, with a request that they will individually employ such means as they possess in advancing the interests and replenishing the resources of the
Society;—and that they be further published through the medium of the Manchester newspapers, the Chronicle, Courier, and Guardian, aiid iu thf Bolton paper of Saturday next."
The Lord Bishop having left the chair, it was taken by the Earl of Wilton; when it was moved by John Macvicar, Esq. Boroughreeveof Mpjichester, seconded by the Rev. Thomas Blackburne, M. A. Vicar of Eccles, and resolved unanimously,
"That the best thanks of this Meeting be presented to the Right Rer. the Lord Bishop of the Diocese far his kindness in complying with the request of the Committee, to preside on the present occasion: and for the efficiency which he has given to the intentions of the meeting by his excellent conduct in the chair.'
Joshua Lingaro, M.A.
Secretary of the Deanery Comrnitta.
Domestic. — The present month terminates our labours for the year, i.e. the literary year;—a year, it must be confessed, of most intense interest. Ushered in under the auspices of Sir R. Peel's Conservative government, we promised ourselves a succession of measures calculated to strengthen the bulwarks of our National Church, and defeat the machinations of the Popish faction,— we fondly anticipated that the agricultural interests would have been fostered by the benignant aspect of the government; that our ships would hare wafted the various productions of our manufacturing industry and skill to the remotest regions of the earth; that the voice of war would not again be heard: but that "peace and plenty,'' the sovereign-in-pocket and capon-inpot era ol'Mr. Conning,would have been realized. But, alas! scarcely had the first quarter transpired ere the hydrahead of faction dashed the cup from our very lips. The Whigs threw themselves into the arms of the Papists and Radicals—and Sir R. Peel was compelled to make way for the Melbourne Cabinet of imbeciles. The result was obvious. Instead of the
defences of the Church being regarded, her bulwarks and watch towers have been undermined or levelled with the ground, and Popery is de facto the only tolerated religion in Ireland. Instead of the interests of the farmers being consulted, or the manufacturing and commercial relations being strengthened and enlarged, we find too much the reverse: instead of peace, ten thousand British subjects are sent by the British government under the command of a mercenary adventurer, to shed human blood in the Peninsula; and all this mischief has been effected in less than nine months.
If our language appears harsh, jet any of our readers turn to the daily papers. What is the Papist O'Conuell about? Does not he openly pronounce internecine war against Protestantism? What are the theoretical politico-economists driving at ?—afree trade in corn. What are Mr. Poulet Thomson's views of trade and commerce? Irish reciprocity—the ruin of England by the sacrifice of protecting duties. What is Lord Palmerston at?—sending British subject! to feed Spanish vultures.