mon law of that time-i. e., the canon law. Does Mr. Jelinger Symons know this or not?*

And does he know, moreover, that, instead of Lyndwood, who lived in the 15th century, the words in question were written by John de Acton, in the 13th? and that this very writer, in this very passage, says, that though this was the common law, yet by custom (custom in the 13th century!) the parishioners are compellable to repair the church? Did Mr. Jelinger Symons know, that in the very preceding note to this, Acton expressly mentions that England was one of the countries where this custom existed? Did he know that Acton was speaking of the other parts of Europe generally, and yet there alluded to local customs already established?

But in point of fact one must say plainly that the unfairness of Mr. Symons is only equalled by his ignorance. In his quotation from the council of Enham, p. 27, he omits the Introduction, which shews that the money, the application of which to church repairs is directed by the canon, was money not arising from tithes, but from pecuniary fines imposed for penance. The canon begins thus :-If for amends to God, money amends arises, as the wise have appointed for punishment, then, &c. it is to go to cyric bote, &c.

The attempt to translate cyric bote, church-wood, because the privilege of house bote enabled persons to have so much wood for house bote, that is, house repair, is so absurd as to prove that his cause is hopeless, and that he thinks it worth while to hazard any folly since he has nothing to lose. His wonderful argument is this: Canute's law says, that all people shall assist in church bote. The question is, what does bote mean? Mr. Symons finds that a law dictionary says, that in a particular case (house bote) it means estovers, or an allowance of timber out of the lord's wood for repairs of a house. So, then, because wood is wanted for repair of a house, and custom allowed the tenant to cut wood for the purpose, therefore bote must mean wood everywhere. Let the reader cast his eye over the following list from Spelman, and test Mr. Symons' wisdom, by adding lignum instead of restauratio in each case.

But enough of Mr. Symons, whose work comes from a shop truly adapted for the issue of such performances,-Mr. Effingham Wilson's. In conclusion, it should be noticed, that Dr. Nicholl, the Rev. William Goode, and Mr. Ralph Barnes, have published most able and valuable pamphlets on this subject, in which the attorney-general's

See Dr. Nicholl and Mr. Goode's pamphlet.

opinion is fully taken to pieces. It will be a matter of great regret, if, while they are in hand, and their authors accessible, some one does not draw up a brief, clear, and well-digested statement of the facts, laws, and antiquities of the case. Such a paper should find a ready insertion in this Journal.

UNIVERSITIES.

THE subject of a commission of inquiry into the universities has been again agitated in parliament, but nothing very well worth noticing was said against them. Mr. Pryme, the member who mooted the question in the House of Commons, withdrew it on Mr. Spring Rice saying that the crown had power to interfere. Mr. Pryme said a great deal, which one unluckily forgot in two minutes after reading it, and which is not worth the trouble of looking for, to comment on. But there are some facts which it is well to record, that they may be readily appealed to hereafter. It was shewn in the last number, that at St. John's, Cambridge, the accusation of Lord Radnor, as to the poor not having scholarships as they ought, was founded in his total carelessness and ignorance of the statutes on which he was commenting, and which were printed in a parliamentary record only a few years ago. Now to turn to Trinity. The thing may be settled there by one short consideration. The statute there says, that no one shall be a scholar who has, or is heir to, more than 107. per annum, which is always meant, in old statutes, (and is so allowed,) to be taken of landed property. Now, at that time, the sole revenue in money, which was assigned by the same statutes to the highest class of fellows, the doctors in divinity, was 57. per annum. See, then, the justice and wisdom of Lord Radnor. The statutes to which he refers allow a scholar to have, as private fortune, twice as much annual income as they give a doctor of divinity; and yet Lord Radnor says, that only the very beggars were intended to be scholars !

To go on to another class of facts. In a very large number of cases, these same statutes impose penalties and fines for violation of particular statutes, and expressly say, that if any one shall-not actually submit to the penalty, or pay the fine, but shall not refuse to do so, if called on, (solvere non recusaverit,) he is not to be accounted perjured. And they give the college authorities power to settle the penalties and fines in many, if not all, the cases where they do not do so.

Now what are we to say of persons who, with all this printed within these ten years, and put before their eyes, come forward with charges of perjury against persons, to say the least, of as high character as themselves.

Again, to go to another class of facts. These reformers accuse the universities, of unwillingness to do anything to amend what is wrong. Now to take one or two instances. By statute, sixteen fellows at Trinity could become college preachers, and then hold preferment with their fellowships. Twice they have applied to the crown on this point. Forty or fifty years ago, they reduced the permission, to livings within twenty miles of Cambridge, and now,

quite recently, they have dispossessed themselves of the right altogether, of their own free motion, for the good of the college and the public. They have the pleasure of paying nearly 300 in fees to the proper government office, for the permission thus to correct their own errors; and it has never been said, that this reforming government offered to promote reform by giving up the fees, though probably now, by late arrangements, the clerks have a certain salary, and fees go to the chiefs.

Nay, it has been currently reported, whether truly or not, that on this last occasion, the college wished to make three or four other improvements in its statutes, and requested leave to introduce them into the same king's letter, and that they were told-" By all means; but you will pay your 300/ for each.'

***

Again, St. John's college applied, on the accession of George IV., for a king's letter to open the fellowships of royal foundation to persons of all counties. So did Jesus college. So did Clare hall. Are these things no manifestations of a wish to improve in points where change would do good?

However, it does not seem worth while to pursue this matter further; for it would appear, from what was said in the House of Lords, that a large number of colleges has expressed so much readiness to effect changes, that one hardly sees how Lord Radnor could desire more. They are, doubtless, acting from the best motives; but whether their course is the best, remains to be seen. There is something rather saddening in the remembrance of the number of quarters where it is no longer possible to advocate resistance to change, however injurious it may seem, for the simple reason, that they for whose sake, not entirely nor chiefly, but in the first instance, it would be resisted, have yielded to the times, and either quietly submit to change, or call for it.f

There appears nothing, then, to add to this subject, for Mr. B. D. Walsh's book is really not worth notice. His impulse to write seems to have been the fact, that he has not been appointed an assistant tutor at Trinity. He insinuates a charge of partiality, on part of the master, to persons of his own politics. Now, whether statute says, that the master shall offer every fellow in turn to be tutor, or whether reason says, that every one who is able and learned enough to gain a fellowship must, of consequence, be likely to make a good teacher, are points which need not be discussed here. Any person who looks at Mr. Walsh's performance, reviewed in the last number of this Magazine, will quite agree, that the master was perfectly right in not appointing a gentleman to instruct youth, whose habits of thought, feeling, and speaking, are such as that work indicates on the part of its

author.

At Trinity college, Dublin, this is not required.

+ It may not be wrong to mention a report which was current everywhere in London last year. The writer certainly cannot vouch for it, but neither would he mention it unless he had what he thought good grounds for believing it. It was, that the noble lord who brought forward this business expressed his hope that even he should live to see the day when clergy should be sent to the second table. Now, does he who wishes, by church reform, to bring down the clergy, wish, by his collegiate reforms, to exalt the universities? This report has been brought several VOL. XI.-June, 1837. 4 X

SOCIETY FOR PROMOTING THE EMPLOYMENT OF ADDITIONAL CURATES IN POPULOUS PLACES.

PATRON-THE KING.

As the society, called in the last number the Clergy Aid Society, has received some modifications, and is likely henceforth to be known under the name given at the head of this article, or as "The Additional Curates' Fund," it seems desirable to print the new prospectus here.

It is right to state, that although, of course, as yet the subscribers are not numerous, the society starts with above £3,000 per annum.

THE object of this society is to increase the means of pastoral instruction and superintendence at present possessed by the church; and, in order thereto, to provide a fund for contributing to the maintenance of additional clergymen in those parishes, within the several dioceses of England and Wales, where their services are most required.

The rapid growth of the population in many of the great towns and manufacturing districts of the kingdom, without any commensurate increase in the number of churches and clergymen, has been of late so frequently brought under the notice of the public, that it is needless to enlarge upon it. There are also many places, even in the agricultural districts, where, owing to the great extent of the parishes, and the poverty of the benefices, considerable numbers of persons are, of necessity, but imperfectly supplied with the advantages of pastoral visitation and teaching.

If it be said, that it is the duty of the state, rather than of an association, to make provision for these wants, this is readily admitted; and it is confidently hoped that the day is approaching when that duty will be acknowledged and fulfilled. But in the meantime, the evil of such a state of spiritual destitution is so fearful, that an immediate effort must be made to lessen it; and such an evidence of the public feeling as a liberal subscription will afford cannot fail to hasten the period when the government will take the work into their own hands. The readiness with which in different parts of the country a call for contributions towards additional churches has been answered, justifies a hope that a society for promoting the employment of additional clergymen will not appeal in vain to any member of the church who possesses the means of extending its usefulness. Upon all, therefore, according to the ability which God has given them, is the call made; but the laity, more especially, are invited to come forward, and to imitate the piety and the wisdom of their forefathers, to whom the country owes the foundation and endowment of so many of its churches. It is by contributing to the attainment of such objects that they may best fulfil the sacred duty of ministering to others the most precious of those gifts which they have themselves received.

Contributions are earnestly invited towards the formation of an adequate fund, to be administered by this society, under the following

RULES AND REGULATIONS.

I. That the Archbishops of Canterbury and York be joint-presidents of the society.

times to the writer's mind in reading the examinations before the Poor Law Committee, where men of rank, station, and fortune, (of principles, too, from which one would have hoped better things,) trampled on the clerical and medical witnesses who differed from them, with a tone of insolence which shews that it is not at least intended that education or intellect shall gain one step up the ladder of birth and rank, or that it is intended that clergymen and medical men are to be of a lower race in future. But in either case, is a people's House of Commons the place to exhibit these feelings?

II. That the bishops of the two provinces, together with an equal number of noblemen and gentlemen, be vice-presidents.

III. That the business of the society be conducted by a committee, consisting of the presidents, the bishops, the treasurer, and twenty-four other members, to be named by the presidents, one half being clergymen.

IV. That the committee be empowered to make annual grants of money, towards the maintenance of additional clergymen in those parishes and districts which are most in need of such assistance; strict regard being in all cases had to the spiritual wants of the parish or district, the rights of the incumbent, and the authority of the bishop of the diocese.

V. That no such grant be made, except upon application from the incumbent of the parish or district, for aid towards the payment of a curate, to be nominated by him to the bishop for his approval and licence.

VI. That the society undertake to receive any sums of money subscribed for the specific purpose of supplying the spiritual wants of a particular parish or district, as well as contributions for its general purposes.

VII. That, if the state of the society's funds should at any time appear to' justify such a measure, the committee may also grant sums, not exceeding a certain amount, in aid of endowments offered by patrons, or given gratuitously by persons not being patrons; but that no such grant be made without the recommendation of the bishop of the diocese.

N.B.-The nature of the object which the society is intended to effect, makes it very desirable that as large an amount as possible of annual subscriptions should be obtained.

Until a committee be duly appointed, SIR R. H. INGLIS, Bart., M.P., JOSHUA WATSON, ESQ., and BENJAMIN HARRISON, ESQ., will act provisionally as trustees for the receipt of donations and subscriptions, which may be paid to their account at the following Bankers :-Messrs. Bosanquet and Co., Lombard-street; Coutts and Co., Strand; Drummond, Charing-cross; Sir R. C. Glyn and Co., Lombard-street; Goslings and Sharpe, Fleet-street; Hammersley and Co., Pall-Mall; Hoare, Fleet-street; Smith, Payne, and Co., Lombard-street; Sir C. Scott and Co., 1, Cavendish-square; Stevenson and Salt, Lombard-street; Twining, Strand; Weston and Co., Wellington-street, Southwark ; Williams, Deacon and Co., Birchin Lane.

The Rev. W. J. Rodber will act provisionally as secretary; and all communications may be addressed, till further notice, to "The Additional Curates Fund," No. 4, St, Martin's Place, London.

́N.B. Annual subscriptions are considered to be due at Easter in each year.

THE EDINBURGH REVIEW,

As this review affects to be Whig, and not Radical, and wishes to be considered as demi-official, it is at least worth while occasionally to see what turns it takes as to politics and religion. It turns very often, just indeed as the wind blows. Two years ago, it was violently antipeerage, when Mr. O'Connell was setting out on his tour; and then it turned quite conservative when his tour failed. Now it is all for pure democracy, and as America is allowed on all hands to be no fair instance as being a new country, the Edinburgh Review is quite delighted at finding out, in the year 1837, that Norway, an old country, is also a pure democracy, where everything goes on in perfection all are virtuous, honourable, free, wise, calm, without party violence, and set us the most delightful example. In short, we have nothing to do but first to cashier the king and the