ing had been, would conceive, that, after he had given his vote for one of the candidates, and it was ascertained who stood first and who stood second, he would be entitled to another vote as between those two. By what authority was the mode of balloting varied on the present occasion?

Now, whether an election by ballot be a legal mode of electing or not (as to which I do not now pronounce an opinion), it is impossible, in my judgment, to raise that question, as between trustees and their cestuis que trust, unless it can be shewn, that there was an agreement between all of them to adopt that species of election. The entries shew the period of the introduction of the election by ballot; so that it is quite impossible to say, that it is the custom of the parish. Could it have been contended, at the first introduction of the ballot, that a mode of election could be endured, which, not furnishing the trustees with the means of knowing who voted for each candidate, did not enable them to ascertain whether they were, or were not executing their trust according to the direction of those who were really their cestuis que trust? It would be a different case, if it could be made out, that there was a contract or consent on the part of all the cestuis que trust, that they would abide by the churchwardens' declaration of the result of the ballot, and would ask no questions as to who voted for the one candidate and who voted for the other.

How can I try the merits of such an election as this? Then, how can I execute the trust? If I am to execute the trust, it must be, either by inquiring, who had the majority of good votes, or upon the ground that all parties have agreed, that he, whom the churchwardens declare to be duly elected, shall be presented. The Court cannot inquire who was duly elected; for there are no means of knowing who were the persons that voted for each candidate; and where is the evidence of such an agreement as I have alluded to?

Besides, the right of voting in the election of a vicar, is a right which is coupled with a public duty. On this there arises another question,—whether a court of equity will enforce a trust,

where the right of the cestuis que trust is coupled with a public duty, and the cestuis que trust exercise their right in such a way, that the Court cannot know how they have exercised that right and discharged that duty.

I confess I have a strong inclination to the opinion, that the election by ballot is not a good election. I have made up my mind to this point, that a mode of election, which does not enable the trustees to know whether the party, whom they are required to present, is duly elected or not, cannot be a legal mode of election, so as to bind the trustees to act upon it, unless it can be shewn that all, who have a right to vote, have agreed that none of them shall take any objection to the result of the election. That sort of agreement, if relied upon, must be made out so clearly, that no person can reasonably doubt that the fact was so.

If I had had to deal with this trust originally, I should have said, that the trust was in the feoffees for the parishioners, to be executed by the feoffees presenting a fit person to the Bishop. My opinion therefore is, that the election is void. My order will be,Declare that in this case the election by ballot is void; and let the parishioners proceed to a new election by open vote; and let the Bishop and Archbishop be restrained from presenting in the mean time; and let the causes stand over, with liberty for any of the parties to apply, after a new election shall have taken place.

In suits so framed, and in the absence of parties who may be interested, I do not think I can go so far as to declare in whom the right of voting is. But, looking at what may be fairly considered as constituting the vestry, my opinion is, that the right of voting is in the parishioners rated to church and poor, proceeding by open election, and not by ballot. A material question would arise, if a person, who had a right to be rated, were omitted to be rated, so as to prevent his voting.

Mr. Pepys inquired, whether persons, who were rateable, but had not been rated, in consequence of no rate having been made since they came into the parish, would have a right to vote.

The Lord Chancellor.-I should be

disposed to say, that a person, who came into the parish after a rate has been made, and offers to vote before another rate has been made, has no right to vote, unless the making of the rate has been postponed for an unfair purpose.*

By the decree it was declared, that the election, made as in the pleadings mentioned, was void; and it was ordered, that the parishioners of the parish of St. Stephen, in Coleman-street, in the city of London, should proceed to a new election by open election, and not by ballot; and, in the mean time, it was ordered, that the Bishop of London and the Archbishop of Canterbury should abstain from instituting to the vicarage and parish church of the parish; and, after the new election, any of the parties were to be at liberty to apply.+

On the 24th of June, an election took place by open poll, and Mr. Pratt was elected.

A petition was then presented by the plaintiffs in the second cause, in order to have the suits wound up.

It was proposed, that the Archbishop and Bishop, and the trustees, should have their costs, as between solicitor and client.

It was objected, on behalf of the plaintiffs in the first suit, that the Bishop and Archbishop were entitled to costs only as between party and party; and that even trustees could have costs only as between party and party, where the Court had not a fund under its control.

The petition was ordered to stand over, in order that inquiry might be made as to this point.

The Lord Chancellor stated, that he had been informed by Mr. Walker, the

The Lord Chancellor was also requested to state, for the guidance of the parties in the next election, whether Jews and Roman Catholics were entitled to vote.

His Lordship's opinion was understood to be, that Jews were entitled to vote in the election of a vicar, but that Roman Catholics were not so entitled: and, at the next election, votes were admitted and rejected upon that principle.

The decree was so recited in the petition subsequently presented; but no entry of it is to be found in the Register's book. (Russel's Reports in Chancery; vol. ii. part i. p. 3.)

Register, that, in general cases, where a bill is dismissed against a trustee, he has only such costs as a party has; but that, in some instances, the Court gives him costs as between solicitor and client. A case had been mentioned to him, arising out of the affairs of the Townshend family, in which costs as between solicitor and client had been given to the Bishop; and, if ever there was a case, in which it was proper that such costs should be allowed to the Archbishop and Bishop, it ought to be done here.

The order made upon the petition was as follows:-" His Lordship doth order that the injunction granted in these causes be dissolved, and that the defendants, John West, &c., the surviving trustees, execute a proper presentation of Joseph Pratt to the vicarage of St. Stephen's, in Colemanstreet, in the city of London, and that the defendant, the Lord Bishop of London, do institute and induct him into the said vicarage; and it is ordered, that, it be referred to the Master to tax the costs of the defendants, the trustees, the Archbishop of Canterbury, the Bishop of London, and of His Majesty's Attorney-General: and, as to the costs of the Archbishop of Canterbury, the Bishop of London, and of His Majesty's Attorney-General, the same are to be taxed as between solicitor and client; and the Master is to distinguish such part of the said costs as have been incurred in the first mentioned cause of Edenborough v. the Archbishop of Canterbury from such part of the costs as have been incurred in the cause of Carter v. the Bishop of London; and it is ordered, that such part of the said costs as have been incurred by the defendants, the trustees, the Archbishop of Canterbury, and the Bishop of London, in the firstmentioned cause, be paid by the plaintiffs in the said cause to the said defendants respectively; and that such part of the said costs as have been incurred by the said defendants, the trustees, the Archbishop of Canterbury, the Bishop of London, and the Attorney-General, in the second-mentioned cause, be paid by the plaintiffs to the said defendants respectively."- Reg. Lib. 1825, B. 1534.

Bill for the payment of Bibles, PrayerBooks, &c., of which, as well as of tracts for the preparation of our people for confirmation during the expected visit of our Diocesan in the summer of next year, we are in immediate need.

Although they are connected only incidentally with this Committee, the following instances of liberality, which have been extended towards this island during the past year, may be mentioned with gratitude. A valuable clerical library of 240 volumes has been granted to the capital of this island by the Associates of the late Rev. Dr. Bray, a Society to which, as well as to its pious founder, who was the first English Missionary that crossed the Atlantic clothed with ecclesiastical authority, every part of British North America and our factories in Africa, have been much indebted. The worth of forty pounds was, also, during the past year, voted to the Archdeacon of this island, and a less sum to its Missionary at Greenspond, in Bibles, Testaments, Prayer-Books, &c., by the Society for the Propagation of the Gospel. The first of these grants is, already, just exhausted, as may easily be imagined, when it is stated that the Archdeacon has had opportunities, in the last twelve months, of personally

leaving the books and tracts of the Society in very many destitute settlements, from St. George's Bay, upon the south-west side of this island, to Kiddamish, in Ivuktoke Inlet, or Great Esquimaux Bay, in the neighbourhood of the first Moravian Missionary establishment upon the coast of Labrador, to the north-west. He has also been enabled, by this grant, to supply many schools and settlements, from which he is constantly receiving the most pressing applications. The Society for Promoting Christian Knowledge has given a fresh instance of its liberality, within the last few months, in sending out an extensive parochial Lending Library for the settlement of Carbonear, in Conception Bay. It should be recorded, also, with gratitude, that the efforts of some benevolent ladies of St. John's to create a fund, by the sale of work, for the formation of a Library, were rewarded, in August last, by the receipt of 801. currency, the amount of which, in the valuable works of the Society, is most anxiously expected by the 12 teachers and 150 pupils in our flourishing Sunday Schools.

EDWARD WIX, M. A.
D. BUCHAN.

F. H. CARRINGTON, B.A.

Nov. 3, 1831.

THE Anniversary Meeting of the Diocesan Association of this excellent Society was held on the 25th of January, in the city of Bath. The members and friends of the Society attended divine service at the Abbey in the morning, when an admirable sermon was delivered by the Very Rev. the Dean of Wells, from the twelfth chapter of Luke, including the 47th and part

of the 48th verses. When divine service was concluded, the chair was taken at the Upper Rooms by the Very Rev. the Dean. After which, we learn that many eloquent speeches were delivered, but we are not told whether this Diocesan Association is advancing or retrograding-a piece of information in which our readers, as well as ourselves, would have been interested.

VOL. XIV. NO. III.

BB

-

DOMESTIC. The proceedings in Parliament during this month have been very important.

By the treaties for the settlement of the affairs of Europe in 1814, the Court of St. James's agreed to pay to Sweden 1,000,000l. on account of Holland; 2,000,000l. more to assist the King of the Netherlands to improve and extend the defences of his kingdom; and to bear equally with Holland such further charges as the union of Holland and Belgium might require to the amount of 3,000,000l. more. Out of this grew a debt of fifty millions of florins, the interest and sinking fund of which have been equally paid by Great Britain and Holland till within the last year, when Holland ceased to pay her share of the burden, because the sum so advanced was applied to indemnify the Emperor of Russia from enabling the King of the Netherlands to obtain Belgium, and was only to be paid so long as Belgium formed part of his dominions. Notwithstanding the separation of Belgium from the Netherlands, Ministers have continued to pay this interest. Mr. Herries brought forward a motion that these payments were contrary to law, and another of censure upon the Government for having paid them. On each of these, a division took place, when the numbers were,

On the first, for the resolution 219
Against it
239

Majority for Ministers

....

20

had made a mistake of 350,000%, and entirely failed in the half million he had anticipated, making an error of nearly one million in his statement.

The Reform Bill has been forwarded through all the clauses; ministers making a merit of adopting those proposed formerly by the Marquess of Chandos, that farmers renting to the amount of 50%. annually should possess a vote, and which the House then adopted in spite of the opposition of Ministers to it.

The state of the Irish Church and tithes has also occupied much of the attention of Parliament. The distressed state of the clergy from the persecution raised against them by the Popish demagogues, and the resistance of the Papists to pay tithes at their command, is well known. The committee of the Lords on this subject have recommended the advance to the

sufferers of a sum not exceeding 90,000l. from the consolidated fund, to be considered as a Crown debt due from the parties owing it, and which will justly subject them to the summary process used on such occasions. They also recommend the consideration whether a land tax, or a revenue compounded of part tithe and part land tax, might not be substituted advantageously for tithes.

The cholera morbus has also engaged the attention of the Houses; and the inquiry what means can be adopted to prevent its further extension. The measure principally relied on is the appointment of a commission of three privy counsellors, with very extensive powers to enact regulations and adopt measures, as may seem necessary and suited to circumstances as they occur.

A motion has been made, and leave obtained by Mr. Baring, to introduce a bill to abolish the privilege hitherto enjoyed by members of the House of Commons, of freedom from arrest for debt. As we understand the measure, it only proposes to abolish the privilege