in the county of Kent, the Bishop of Rochester was applied to to consecrate a piece of ground, which he refused to do under 700l.,-(here the report stated that there were cries of 'shame, shame,')-but that the Right Rev. Prelate at length consented to take 500l., he (Mr. English) having this from good authority." He (the Bishop of Rochester) need hardly assure their Lordships that this statement was without foundation (hear, hear); in fact, there was no such place as Bayswater or Broadwater in his diocese. (Hear.) He would take the opportunity to add, that the bishops received no fees whatever for consecration (hear, hear), nor, he believed, did they receive fees on any occasion. He was induced to say this, because he believed that there was a mis-apprehension in the public mind on this head. He did not now mean to make any motion on the subject, but merely took the occasion to notice the report for the purpose of correcting its mis-statement.

The Bishop of Chichester entirely concurred in what had fallen from the Right Rev. Prelate, and regretted that charges of this nature were both made and received with such facility. All they (the bishops) wished was, that they might have a fair trial before the same tribunal as their fellow-subjects. The fact was, that Broadwater, to which allusion had been made, was in his (the Right Rev. Prelate's) diocese, and the only question which had arisen as to emolument was one respecting some pews, the end of which was, that he himself had to pay a sum of money instead of receiving any for fees. There was one exception to the statement of the Right Rev. Bishop (of Rochester), that the bishops receive no fees, which was on the occasion of certain periodical visitation, when a trifling allowance is made.

The Bishop of Hereford also concurred in what had fallen. The fact was, that instead of the bishops (as had been stated) receiving fees, they paid large sums in that way themselves.

UNIVERSITY OF DURHAM.

"We have a pleasing prospect in the promised opening of the Durham University at the ensuing Autumn Term. The arrangements of the Dean and Chapter, for this purpose, are of a liberal and satisfactory kind; and the care bestowed upon the appointments, whilst it is a proof of the present anxiety of the body for the success of the infant Institution, offers a pledge of their future watchfulness over its interests. They have the high satisfaction of bringing into effect the views of Cranmer and of Pole; with the hope of conferring a lasting benefit upon the church, and upon the country; and they proceed with confidence in the work, because they feel that they are directing to objects contemplated by their constitution, and to none other, that portion of the funds and energies of the body which, by the consent of the Bishop, and the powers of Parliament, are devoted to the purposes of the University. An effort has been made to represent this appropriation as a diversion of church property from its legitimate uses, and to wrest it to an argument and precedent for spoliation. But this I can confidently say, that in no case would the Dean and Chapter have been parties to such a wrong. Their founder looked to and provided for sound religious learning, as a leading object of the Institution; and when, in the lapse of time, his ordinances became inadequate to their purpose, the Dean and Chapter felt it to be their duty to follow them in the spirit rather than in the letter, and to secure by the powers of the State, as he had done, not such an education as suited an early age, and a poor and thinly peopled country, but such as was adapted to the present state of the world, and to a numerous and opulent community. Nothing can be more unfounded than that the Dean and Chapter have either violated their statutes, or mis-applied ecclesiastical property. They have sacrificed no principlethey have diverted no funds entrusted to them from their allotted purposes— VOL. IV. Sept. 1833. 20

but they have acted in all their proceedings strictly in the spirit of their foundation, and have done, at personal cost and inconvenience, what no law could have required them to do, but what their founder, judging from his acts and statutes, would have done, had he formed his establishment upon his own principles, at the present day."-Report of Archdeacon Thorpe's Charge in the Durham Advertiser.

PROTEST AGAINST THE THIRD READING OF THE IRISH CHURCH BILL.

1. Because the Bill imposes upon the Clergy of Ireland, already defrauded of their rightful property, the new charge of the Church Cess, heretofore borne by the land, which is at once a mockery and a wrong.

2. Because this charge will absorb so much of the Fund to be provided by taxing the Clergy, that for many years no part of that Fund, and at no time any considerable part of it, will be applicable to the proposed improvement of small livings; so that to injustice is added delusion.

3. Because the Bill suppresses ten Bishoprics, not for the purposes of Reform, but for purposes of Finance, in order to supply the deficiency created by an Act of injustice.

4. Because the Bill affording an unworthy triumph to the Roman Catholics over the laws they have violated, and the Clergy they have persecuted, encourages future aggressions, while failing in its professed objects by the inadequacy and fallacy of its Financial provisions, it humiliates the Protestants without contributing to the future efficiency of the Established Church. ELLENBOROUGH.

(Signed)

TRIALS.

Exchequer Chamber, Gray's Inn, July 17.

LUXFORD v. WHITE.

The LORD CHIEF BARON gave judgment in this cause. The plaintiff, as rector of Halsham, claimed the impropriate tithes of certain lands, the property of Lord Cavendish, which were alleged to be situated in the parish of Halsham. It was contended for the defendant that the lands were situate in the Parish of Oldham, and that they were exempt from tithe. From the evidence produced by the plaintiff, his Lordship said that he could not but come to the conclusion that the lands were situated in the parish of Halsham, and that the plaintiff had established his claim. Many documents lad been produced-amongst others, the title deeds of Lord Liverpool, given in the reign of Charles the First-to prove that Oldham was a separate parish, but he did not think them sufficient proof. In the ecclesiastical survey made in the reign of Henry the Eighth, there was no mention of Oldham as a separate parish. The Inhabitants paid poor-rates and other rates as parishioners of Halsham and though tithes had not been paid by the owner of the lands claiming exemption from tithe for the last thirty years, he could see no colourable claim on the part of the owner to entitle him to such exemption, as all the evidence on the other side went to prove the situation of the lands in the parish of Halsham. The case he (the Chief Baron) thought was made out on the part of the plaintiff; yet, considering that the tithe had not been paid for the last thirty years, the defendant should not be debarred from having issue.

;

Court of Exchequer, July 31.

HODGSON AND OTHERS v HARRISON AND OTHERS.

LORD LYNDHURST gave judgment in this case. He said that the suit was instituted by the Dean and Chapter of the Cathedral of Carlisle, as rectors of the parish of St. Cuthbert, in Cumberland, against the defendants, for tithes of certain articles arising out of land in their occupation. The defendants set up a modus. After recapitulating the evidence of the case, his Lordship said that he had come to the conclusion that the safest and best way would be to direct issues to try them, in order that a jury might sift the witnesses by viva voce examination. His judgment, therefore, was, that account should be taken with respect to all the tithes that were the subject of this suit, except tithes of milk, calves, foals, honey, and wax, on which issues would be directed, with a declaration of the invalidity of the general modus.

LYNES, CLERK, v. SOUTHALL.—SOUTHALL v. LYNES, CLERK. THESE two causes came on for hearing before Lord Lyndhurst, in the Court of Exchequer, on Friday and Saturday, and the important question involved therein was, "whether the parishioners of Elmley Lovett, in the county of Worcester, are liable to pay to the rector the tithe of milk in kind, or whether there exists a modus of one penny per annum in lieu thereof." It appeared that the Rector, Mr Lynes, filed a bill against Mr. Lett, a parishioner, about five years ago, to compel him to set out the tithe of milk in kind, and that Mr. Lett defended the suit; on the hearing of which, it was decreed that he was liable, he having made out no sufficient case to establish the modus. In 1830, Mr. Lynes filed a similar bill against Mr. Southall, another of his parishioners, who defended it, and also filed a cross bill against Mr. Lynes, for the establishment of the modus by a decree of the Court.-On these causes being called on, on Friday, the Counsel for Mr. Lynes proposed to consent to the trial of an issue at law. This proposition was rejected on behalf of Mr. Southall, by his Counsel, who considered the evidence sufficient to warrant a decree at once, and the causes therefore stood over until Saturday, when, on their being again called on, Mr. Lynes's Counsel stated that, though on the former occasion no case was made out, yet on the present such evidence had been given as induced him to say he should decline taking an issue. Mr. Lynes's bill was therefore dismissed with costs; and in the other suit a decree, establishing the modus, was granted, by which this important question is for ever set at rest.

House of Lords, Monday, Aug. 19.

Judgment was pronounced in the following case :--

THE BISHOP OF LINCOLN v. RENNELL.

This case came before the house on a writ of error from the Court of King's Bench, which had reversed a previous judgment of the Court of Common Pleas. The facts were shortly these:-Mr. Rennell, the husband of the defendant, was prebendary of Lincoln, to which prebend was annexed a rectory, or rather the advowson of a rectory, the incumbent of which died during the life of Mr. Rennell, and before he had appointed a successor he also died; and the question was, whether the right of presenting to the vacant benefice was in his administratrix or in his successor in the prebend? The Court of Common Pleas decided that it was in the successor,-the Court of King's Bench that it was in the administratrix.

Lord LYNDHURST went at great length into the case, and concluded by moving that the judgment of the Court of King's Bench be affirmed.

Lord WYNFORD concurred in that judgment, although he at some length stated the grounds of his decision when the case was before him as Chief Justice in the Court of Common Pleas, which varied from those given by Lord Lyndhurst.-Judgment affirmed.

The Archbishop of Canterbury has recently given judgment upon a case of appeal presented to his Grace by the Rev. J. H. Dunsford, against the Lord Bishop of Gloucester, for refusing to grant Licenses for non-residence on his two livings of Fretherne and Frampton-upon-Severn, in his Lordship's diocese. The sentence of the Primate has pronounced that the Bishop exercised due discretion, and has confirmed his refusal of the licenses.

The remainder of the Trials, some of which are important, will be given next month.

REPORTS.

CLERGY ORPHAN SOCIETY.

Statement of the Account from 1st January to 31st December, 1832.

APPRENTICING FUND.

The income of the Corporation is appropriated by its Charter to the maintenance and education of "Poor Orphans of Clergymen of the Established Church, in that part of the United Kingdom of Great Britain called England, until of age to be put apprentice." The boys are kept till they are fourteen, in some instances till they are fifteen, and the girls till they are sixteen years old. When the Orphans leave the schools at these respective ages, their friends often find it difficult, from the want of pecuniary means, to obtain for them suitable apprenticeships. The CORPORATION OF THE SONS OF THE CLERGY uniformly gives a moderate sum for the purpose; but the CLERGY ORPHAN SOCIETY has not the power to assist in placing out any of its children advantageously, by making an addition to that grant from its general fund.

In compliance, therefore, with a Resolution passed unanimously at a General Court, in the year 1826, a separate and special Fund has been established, and entrusted to the management of the General Committee, for the purpose of giving the desired assistance in cases where it may be most wanted, and can be best applied. A fund of this nature will better enable the boys to become Assistants in schools, or to exercise some respectable trade or profession, and will facilitate apprenticing to able Schoolmistresses such girls as appear likely to be well-qualified for the office of Teachers and Governesses. The Orphans, thus placed in situations which afford the fairest prospect of success and usefulness in life, will have the opportunity of bringing more fully into practice, for their own, and for the public benefit, the right principles, and sound instruction, which have been instilled into them during their education in these schools.

The hope may then be reasonably indulged, that a measure, obviously so desirable, will be encouraged and supported by the donations or annual subscriptions of many of the friends of the CLERGY ORPHAN SOCIETY.

Statement of the Apprenticing Fund Account from 1st January to 31st

GOVERNESSES' MUTUAL ASSURANCE SOCIETY.

THE Directors of this institution have just published their Second Annual Report. They state that the number of assurances made, during the last year, has considerably increased; that their funds are in a very good condition, with the exception of the Benevolent Fund, to which they invite the attention of the public, and beg their aid. The society was established about two years ago, for the purpose of securing provision in case of sickness, and providing annuities in the decline of life, on the part of ladies who are, or have been, engaged in the education of youth.

It seems to be a very useful institution, and is recommended to the notice of the public. All governesses, or teachers in schools, married or single, are eligible to become members.