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gust"last, aud"to thank you for the ap- vanced age of himself, of Dr. Blackwell, pointment of Mr. Richard Brazel, as and George Crumpston, esq. tireir fate teacher 'in the school of the Associates, agents, by appointing in their place as whom I nominated and reported to you. their new agents, *** “Alas! the uncertainty of life! in the

William Meredith, esq. morning of the 22d instant, he attended James S. Smith, esq. And the school, as usual, seemingly in good Mr. Francis Hale. health. I have now the painful task to · The Associates take this opportunity inform you, that, in the afternoon of that to express their most grateful sense of the day, he was no more. When he left the judicious and very kind assistance at all school, he had complained to his wife that times afforded by the Bishop of Pennsylhe felt a violent pain in his bowels, and vania, and their two other former agents. before medical aid could be administered

RIGHT TO PEW'S. he was a corpse ! His loss is much lamented by the children and their parents,

Arches Court, 18 May, 1821, specially as there is no prospect, at pre PARHAM Against TEMPLER, AND sent, of the vacancy being filled up; but I

TEMPLER, AGAINST PARHAM. trust their loss is bis gain. He was a quiet, inoffensive, and good man, and lived and

Appeals from the Court of the Dean died in the faith."

and Chapter of Exeter. The Lord Bishop of Chester has been Judgment of Sir John Nicholt. · pleased to offer thanks for the liberal This suit was originally instituted in grant of books voted by the Associates on the Court of the Dean and Chapter of the 7th of March, 1817, to form, to Exeter, by Mr. Benjamin Parham of the gether with the books already at St. parish of Ashburton, in the county of Bees, in the county of Cumberland, and Devon, against the Reverend John l'emdiocese of Chester, a parochial library in pler, Curate of that parish, for having althe parish of St. Bees, for the use of the tered his (Mr. P's.) pew, without the faclergy resident at St. Bees, and the young culty of the ordinary or any other lawful nen, who are there educating for holy authority, whatever, with the view of comorders." His lordship added, that the don pelling him, Mr, T. to restore it to its orination had produced the most beneficial ginal state. effects on the young men who had access The Judge of that Court decreed that to the library.

Mr. Tenipler had acted without due auIn consequence of the death of four out thority, and therefore enjoined him to reof five of the trustees, first appointed in store the pew. to its former state ; bat Jupe, 1768, and since renewed at different further decreed that when restored, it was periods, for the land in Philadelphia, pur not the exclusive property of Mr. Parchased by Mr. Upcher's benefaction, and ham, and he ordered that each party of Samnel Waring, esq. the only surviving should pay his own costs. This sentence original trustee, being desirous, frous his not being satisfactory to either party, they advanced age, to retire from the trust, both appealed. The history of the case is two deeds have been prepared and exe this. cuted; one of which has been sent to In 1775, a faculty was granted for newAmerica, and the other deposited in the pewing and seating the Church, according Associates' office, Hatton Garden, ap to a plan then andexed. pointing the following six new trustees : In this faculty the rights of two Mr.

Louis Hayes Petit, of Lincoln's Inn, in Tozers to a pew were reserved, but no the county of Middlesex, esq.

other rights whatever were claimed. Rev. Charles Parc Burney, of Green. Under the authority of the Churchwarwich, in the county of Kent, clerk. dens, the pews were allotted to the pa

Joshua Watson, of Clapton, in the rishioners; each of whom paid an ancounty of Middlesex, esq.

nual rent for them. Whether that was Samuel Waring, the younger, of Nor. regular or whether the mode of defraying wood, in the county of Surry, esq. expepces should not have been by a rate is

Rey. Samuel Wix, of St. Bartholomew's not now a matter under consideration. Hospital, in the city of London, clerk. That an annual rent was paid by all, acAnd

cepting the two Mr. Tozers', affords Sharon Turner, of Red Lion Square, in proof that the right now claimed by Mr. the county of Middlesex, esq.

P. was not then existing. A Mr. DolThe above trustees, bave profited from beare was at that time Church warden, and the recommendation of the Bishop of Mr. Eales, sidesman; each had a pew in Pennsylvania, in consequence of the ads front of the reading desk, and like others, RÉMEMBRANCER, No. 32,

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paid an amual sum or rent for them. From my father will be satisfied," Mr, Tem, the plan, it appears that each of these pler replied, " that I cannot do.” The pews was originally intended to form two suit was then instituted. It is brought and pews, but as Mr. D. and Mr. E, had large conducted in an extraordinary form ; it is families, the partition intended to have di- brought by articles as a criminal suit, and vided them was not put up.

not as it ought to have been by libel as a The site of Mr. D.'s seat was that of the civil suit. The præsertim of the citation old reading desk, and where women sat is for altering without lawful authority the who came to be churched. There is not pew belonging to Mr. Parham to his great suggestion in the faculty that Mr. Dol injury and not as one might suppose for beare had any right to a pew, or that the the violation of ecclesiastical law, one allotted him was so allotted from any The articles in addition plead that Mr. previous right.

Parliam and his family have been imme. Some time afterwards Mr. Dolbeare morially entitled to the pew in question." -Wife and danghter, removed to Ply Looking at the articles in the heading mouth, and there lived till his death. and the averinents, the object appears to During their absence, other persons were be a civil suit, and as such onght to have placed in the seat iu question. At Mr. proceeded in, and to have been a cause of D's, death, the widow returned and · laced perturbation of seat; but as it is brotight herself in the seat, and there sat in con criminally, the suit must be so treated: junction with others. On the death of another anomaly appears, answers to the Mrs. Dolbeare, Mr. Benjamin Parham, articles are given which in a criminal one of the parties in this cause, who mar. suit are never called for The Judge of ried the daughter, took possession of the the Court below, rejected both sentences ; seat, and asserted his exclusive right to it. and in the first part of his judgment proIn 1817, Mr. Soper, who, in consequence ceeded as if it were a criminal sait, and in of some disagreement with the Vicar, had the latter part as if the strit were between for some time left the Church, returned Mr. Parham and the ordinary. Both parties to it, and wished to have a pew allotted to appealed. Though Mr. Parham proceeded him.

in a criminal suit, I believe that his object It appears that the affairs of the parish was not vindictive, but solely to establish are managed by two Church wardens; one what he conceived to be his right to the called the town, the other the country exclusive possession of the pew. He lays Churchwanden; the former being consi as a foundation of that right and a very dered the upper warden. Whether this material and essential part it is, that he usage is such as to take away the right of was entitled to the pew by immemorial prethe other is, vot now a question. The scription. His claim, however, is unfoundChurch dùties have been performed for ed; he had no prescriptive right whatever the last two years by Mr. Teppler, the as against the ordinary, nor has he estacurate, who is the other party in this cause. blished any right against the parishioners

Mr. Templer and the Townwarden, in at large, or against the Churchwardens consequence of the want of a pew for Mr. acting for the ordinary. Soper, conferred together and thought lo 1774, Mr. Dolbeare had no right to that the best mode of seating Mr. S., was the pew; 00 better claim than other pa. by taking off a part from Mr. Parham's rishioners placed by the Church wardens. pew, and a part from one adjoining, and It is a clear law, that the pews belong to this plan was subsequently carried into exe- the parishioners; and that the Churchcution, Mr. Templer having given direc wardens have the power of allotting them, tions to the carpenter for that purpose, subject to the coutrol of the ordinary. but this he did without any previous com Seating by Churchwardens does not give munication with Mr. Parham. There is permanent or exclusive right, it is liable no reason to apprehend that this act arose to alteration according to the change of out of any ill will or inalice towards Mr. circumstances of the families or of the Parham, or that it was done otherwise general increase of population. Churchthan with the view of accommodating Mr. wardens may divide pews and move perSoper. Mr. Parliam was offended at what

sons, but if they do so improperly the orwas done, and he with others, met and dinary may interdict, Exclusive right is discussed the subject. Mr. Abraham one founded on a faculty or on prescription of the Churchwardens, said that Mr. Tem, which supposes one. “thott pler had acted, wrong, in znot previously Mr. Dolbeare had a large pew, and it is acquainting Mr. Parham, and Mr. Parham, no favourable circumstance that at that junior, in addressing Mr. Templer, said, time he was a churchwärden, and was

put the pew in the original state, and placed there in violation of the plan itself;

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it being obvious that the pew was origi- wbole front of Mr. Templer's offence is nally intended to form two pews. Inde reduced to this, that he gave directions to pendent of that circumstance there can be the carpenter to make the alterations; all no doubt that were possessory right ceases that was done must be considered the when a family leaves the parisha : when Mr. joint act of the Curate and Church warden"; Dolbeare moved to Plymouth, his right it is true that if the Curate liad assumed ceased.

this authority in opposition to the of When the widow returned to the pa. ficers of the parish, the case would have rish, she took possession of the pew as a been very different. Taking it then that matter of right. She was, however, a Mr. Templer was acting in concurrence mere intruder, and the Churchwardens with the Churchwarden, I am next to conmight have ejected her, but however sitting sider whether a faculty was so necessary as there as she did, with the families of the to authorize me to say that the alteration Lloyds and Edwards's, she might, per- was made without any legal anthority. haps, be considered as acquiring a pos. It is impossible to say that every little sessory right in conjunction with them. On alteration requires a faculty where uo paher death, Mr. Parham took possession as rish or prescriptive rights are infringed. if the pew belonged to him exclusively. Such a trifling alteration as the one in

The sentence of the Court below,so far question is surely within the power of the as Mr. Parham complains of it, is substan- Churchwarden, when acting in concur. tially correct.

rence with the Minister, though in law such The suit having been bronght crimi- Minister may have no substantial right. nally, the defendant is entitled to every For great alterations a faculty is very necesfavourable circumstance arising out of the sary. The parishioners being subject to cause,

the payment of rates in support of them. If Mr. Templer liad altered a pew with. In these times when population is every out any legal anthority, he ought to have where increasing, when a million of money beco proceeded against, in a cause of per- has been granted by parliament for buildturbation of seat. Mr. P., however, hasing and enlarging Churches, and Societies proceeded by articles, and, having done so, have been established in furtherance of the has failed in proof of the very ground- object in view ; it would be monstrous to work of his proceedings, namely, of his say that the Curate has been guilty of an prescriptive right. It is quite clear that ecclesiastical offence for doing this, without the Churchwarden was not violating the a faculty. I think the Churchwarden and right of Mr, P.; it is equally so, that the Curate did not exceed the authority they proposed alteration bad the approbation of conjointly possessed. On the whole, I the Churchwardea before and after it took think that Mr. Parham has failed in proof place, though the alteration was made by of the articles exhibited by him in this the immediate direction of the Carate. criminal suit, and I therefore pronounce The pew will hold twelve or fourteen against his appeal, and for that of Mr. persons; the Curate and Church warden a- Templer ; I reverse the sentence of the gree to afford room in it for a parishiober Court below, pronounce that Mr. P has Mr. Soper, Mr. P. had only four in fa- failed in proof of his articles; and he is mily, and it is manifest that the pew was

fined £100 nomine expensarum. originally intended to be two, so that the

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MISCELLANEOUS INTELLIGENCE.

ECCLESIASTICAL PREFERMENTS.

dean and chapter to be under-master of

the King's School, Canterbury, on the reThe rev. Mr. Wayet, lecturer of Bos. signation of the rev. John Francis. ton, instituted to the living of Pinchbeck, The rev. Thomas Nottidge, instituted to Dear Spalding, by the bishop of Lincoln, the consolidated rectories of St. Helen and

The rev. Jolin V. Stewart, of Jesos St. Clement, in Ipswich, on the presentacollege, collated by the lord' bishop of tion of H. $. Thornton, Esq. London, to the rectory of Gilston, in the The rev. Henry Bishop to the vicarage connty of Hertford, on the resignation of of Cretingham, Suffolk; patron, the King. the rev. William Gibson.

The rev. W. Villars to the vicarage of The rev. W. P. Jones, A.M. of Pem-' Chelmarsh, Salop; patron, sir J. Sebright, broke college, Oxford, appointed by the Bart. M.P.

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A dispensation has passed the sealJohn Watson, gentleman commoner of enabling the rev. Thomas Wright, M.A. Brasenose, presented by the rev. Aslımrst chaplain to lord Somerville, to hold the Tarner Gilbert, B.D. fellow of the same consolidated vicarages of Steeple and East society : Peter Pole, gentleman comClaydon; patroness, Mrs. Verney of Clay moner of Brasepose, presented by the rev. don-house,

James Jackson Lowe, M.A, fellow of the

same society. UNIVERSITY INTELLIGENCE.

After these gentlemen were presented OXFORD, June 30.-On Monday last, to their degrees, the Crewejap oration was J. Ball, F. J. Blandy, and E. P. New, read by the rev. Charles Thomas Longley, were admitted fellows, and H. B. Wilson, student of Christ Church, in consequeace scholar of St. John's college.

of the illoess of the rev. J. Coneybeare, the Yesterday, R. Eden, of St. John's cold poetry professor. lege,was adınitted scholar of Corpus Christi Yesterday, William Tahoudin was adcollege.

mitted scholar of New college. Saturday, June 23.-The following de Saturday, June 30).--The following degrees were conferred :

grees were conferred : BACHELOR IN DIVINITY. Rev. J. W. MASTERS OF ARTS, Rev. Henry Jen. Bellamy, M.A. St. John's, and Head Mas nings, University college; William Ormeter of Merchant Taylors' school.

stone Eyre, New college; John Leigh, BACHELORS OF ARTS.-R. C. Pole, Brasenose college; Stafford Charles Nortlia Esq. Balliol college, grand compounder, cote, Balliol college. J. H. Lane, scholar of Worcester college ; BACHELORS OF ARTS.-Joseph LosW, L. Townsend, A. Thomas, J. Yolland, combe Richards, fellow of Exeter college ; Worcester; H. A. Woodgate, fellow of James Crabtree, scholar of University colSt. Jolin's; C. J. Hume, scholar of Wad

lege. ham ; N. Smart, University ; C. F. John. BACHELOR AND DOCTOR OF DIVINITY. son and W. Bathie, Queen's; W. B. Tho- -Rev. Benjamin Millingchamp, M.A. of was, scholar of Pembroke college. Merton college and rector of Massall, in

On Wednesday last, the following de Wiltshire, grand compounder. grees were conferred ::

MASTERS OF ARTS.--Henry Clissold, BACHELOR AND DOCTOR IN DIVINITY. Exeter college; rev. Thomas Griffiths, fel-Rev. H. B. Harrison, M.A. some time low of Wadham college; rev. John Manfellow of Magdalen college, and now rector ley, fellow of Wadbam college. The numof Bugbroke, in the diocese of Peter ber of regent doctors in the act was 15, borouglı, grand componnder.

and regent masters, 145. MASTERS OF ARTS.-Le Gendre Star July 14.--Omitted in the account of kie, Esq. Brasenose college, grand com degrees conferred, Jane 37. pounder; rev. J. C. Prince, Brasenose Francis Hopkins Ramadge, Bachelor in college ; rev. J. Randell, Pembroke; W. Medicine, of St. Alban hall, admitted Grove, Oriel; J. Evans, Christ Church ; Doctor in Medicine. rev. T. F. Horsford, Wadham; F. B. July 7. The last day of act term, the Hawkins, Exeter; C. G. Round and H. following degrees were conferred: B. Wrey, Balliol college,

MASTERS

OF Arts, Most Boble Bachelors of ARTS.-R. H. Cheney, William Henry Cavendish Bentinck, mar Esq. Balliol college, grand compounder; quis of Tichfield, Christ Chmurclı; rev. John rev. W. Hutchins, St. Alban hall; J. Garbett, All Souls college; Walter Henry Smith, St. Edmund ball.; R. Sneyd, Brase- Burton, fellow of Exeter college ; John nose college; N. Germon, Oriel; E. D. Toke, and Edward Woodyat, Brasenose Legh, Balliol college.

college ; William Kaye, Christ Church; rev. On Thursday last, the following de Charles Ford, Balliol college. grees were also conferred:

BACHELOR OF ARTS. - Herbert Gower, BACHELOR AND Doctor JN DIVINITY. Christ Church, - Rev. H. Pbillpotts, MA, some time The whole pumber of degrees in act" fellow of Magdalen college, now rector of term was D.D. four; D. Med, two; B.D. Stanhope, Northumberland, and dately pre six ; M.A. fifty-two; B.A. eighty-four; bendary of Durham. i

matriculations, eighty-one. MASTER OF ARTS.-Rey. R. Pearson, July 21, On Tuesday evening, the annual St. John's college.

eleetion commenced at Wiuchester college, BACHELORS OF ARTS.J. W. Stephen when the electors were received at the son and J. Jackson, Queen's college. college gates soon after seven o'clock, and

July 7.--In the convocation Isolden in addressed in an elegant Latin oration by the theatre, on Wednesday last, the hono- Mr. H. Fowle. rary degree of M.A, was conferred on On Wednesday, the annual speeches

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were recited at this college, in the presence dershaw, Vernon, Davy , Sidney college, of the right rev. the lord bishop of Here. Messrs. Hind, Walter, Warren ; Catharine ford, the rev. Dr. Gauntlett, warden of hall; Messrs. Harvey, Coldwell, Tyson, New college, the rev. C. Erle, and the rev. Hodgson ; Pembroke hall, Messrs. AtMr. Lipscombe, the electors, and a large wood, Hutchins, Manby, Thompson, Tayassemblage of visitors. The medals had lor, Dobree ; Clare bail, Messrs. Wingbeen previously adjudged as under :-Gold field, Peart, Litchford, Lee, Waldy, Hopmedals, M. Mackay, an original Latin kinson, Williamson ; Trinity ball, Mr. Gel. prose, composition, " Civis bonus siia a dart; Christ's college, Messrs. Finch, Hat. pablicis commoda non secernit;” Mr. too, Green, D'Arblay, Hallewell ; Corpus Sewell, sed. an original English poem, Christi college, Messrs. Greenwood, “ Liberty restored to Greece by the Ro- M.Dowall, Berney; Magdalene college, man senate.” Silver medals; Mr. Hall, Mr. Eye. :

Scipionis Oratio in Hispania, ad On Monday last, the following gentleMilitis seditiosis, a Livio ;" Mr. Elliot, men were admitted to degrees :

Characters of Demosthenes and HONORARY MASTERS OF ARTS,Hon. Cicero."

Charles William John Ker, Trinity college; CAMBRIDGE, June 29. The Porson hon. Alexander Leslie Melville, Trinity prize for the best translation of a passage college ; sir Frances Lynch Blosse, bar.. from Sbakspeare into Greek verse, was Trinity college. on Monday last adjudged to Mr. W. Bar. BACHELORS OF Arts. --Robert Lascelles, ham, of Trinity college.

of Christ college; Charles Frederick Ran: July 6-On Tuesday last, being com. worth, of Sidney college. mencement-day, the following doctors and The following gentlemen were on Wedmasters of arts, were created :

nesday admitted DOCTORS IN DIVINITY.–The very rev. Masters Of Arts. Robert Myddel Robert Stevens, of Trinity college, dean of ton, of Clare hall; Jemson Davies, TriniRochester ; the rev. George D'Oyly, of ty college ; Robert Rastall, Jesus college. Corpus Christi college, rector of Lambeth ; The rev. Jolin Hallewall, M.A. fellow the rev. George, Wood Lloyd, of Em- of Christ college, and the rev. Francis manuel college, head, master of Appleby William Lodington M.A. fellow of Clare. school, in the county of Leicester, and the hall, are appointed deputy proctors; and rexa Jonathan Tyers Barrett, of St. Peter's the rev. Wil am Peach, M.A. and the rev.“ college 1

James Barrow, M.A, fellows of St. Jolin's DOCTOR IN PHYSIC.-John Elliotson, college, deputy taxors. Esq. of Jesus college.

Henry Melvill, Esq. of St. John's colMASTERS OF ARTS. King's college, lege, is elected a foundation fellow of St. Messrs. Barnard, Hatch, Smith, Penning. Peter's college. ton; Trinity college, Messrs. Hatfield, Edward Seymour, Esq. M.A. of Jesus Hort, Croft, Hawkes, Twigg, Fell, Brant, college, and John Wilson, Esq. of Christ's Benson, Escreet, Malkin, Preston, Ward, college, are admitted licentiates in mediLynam, Thomas, Torlesse, Legli, Simpson, cine. Thirlwall, Dowker, Melville, Ellis, Hindle, The sealed papers enclosing the sames Jeremy, Crombie, Burchell, Wallace, Wils af the writers of certain of the exercises son, Cape, Monsou, Mayne, Gwyther, selected hy the examiners“ honoris causa," Sperling, Cobb, Franks, Fisher, Lefevre, baving by consent of the respective writers, Bate, Parry, Leigh, Jones, Hartopp; been opened by the vice chancellor, the St. John's College, Messrs. Walston, Peach, names appeared as follow : Beech, Hiodle, Loon, Courtenay, Toplam, . Greek ode. G. B. Bloinfield, Trinity' Evans, Ward, Linton, Hildyard, Wilkin- college. son, Sedgwick, Hathersal, Tritton, Clive, Latin ode." C. S. Mathews, Pembroke Frere, Hercy, Buller, Hamond, Dewe, hall. Edridge, Williams, Todd, Haddersich, Epigrams. C. N. Cutler, Trinity colWilkinson, Pegus, Symonds, Henslow, lege, C. Fursdon, Downing college. Carlisle ; St. Peter's college, Mr. Beales; Porson Prize. C. Forsdon, Dowring Jesus college, Messrs. Manclarke, Warren, college, George Longe, Trinity college. Stafford, Pearce, Skinner, Hett, Ramsey, The sermon at St. Mary's church on White, Harrison, Studholme, Wyatt; Sunday morning last, was preached by the Queen's college, Messrs. Richards, Foster, very rev. Dr. Stevens, of Trinity college, Hanson, Temple, Venn, Brown, Conison, from Matthew x. 84. “ Think not that I Metcalf, Ash; Caius college, Messrs. Arthy, am come to send peace upon earth, but a Dawson, Godson, Orford, Fisher, Green sword;” The sermon in the afternoon was wood, Mack, Smith, Dugmore ; Emmanuell preuched by the rev. Dr. D'Ogly, of coilege, Messrs. Bennett, Roby, Pope, 01. Corpus Christi college, from 2 Peter 1. 5.

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