The Sun. — London, England, 1824-07-09 00:00:00

PARIS PAPERS. PION, ,th 4 ConstigationneL PA esti, JULY B.—The Chamber of Deputies is about to discuss the Budget. Nothing is more simple than a Budget for those who desire to play fair, hut nothing is more mysterious, if con nieg and dissimulation take the place of honesty and frankness. The year 18'23, with the enor mous expence of eur numerous administrative functionaries, was, according to the Financial Law of Aug. - 182S, to be 899,838,451 francs. By the-law of accounts of supplementary credit pre sented this year, it will have cost 1,144,601,671 franc', making a real additional charge for the tax payers of 244,763,220 francs, without in cluding the debt in arrears (passif des causes), which amounts to 67,000,000 francs and other charges. If there were fair play, could such charges be made without rendering their authors liable under the 56th Article of the Charter ? But let us wait, the Peers have not yet sanc tioned this new financial doctrine. The taxes required for 1825 amount to the enormous sum of .898;933,180 francs, to he thus expended._ . . Civil tint . - . 34,000,000 francs. Department of Justice - . 18,445,092 Department of Foreign Affairs 7,815,000 Department of the Interior - 117,000,000 Department of War - . 190,000,000 Department of the Navy . 60,000,000 'Department of the Finances - 101,128,325 Expellee of bovyin_g, &s. . 127,371.270 Reimbursements, .Bounties, &c. 6,087.000 Consolidated and Sinking Funds 237,085,785 To . 00833,180 It is possible, however, to tal su ppose that in , 9 1826 or 1826 a new supplementary credit may be required to cover the defi ciencies of the last year, a% we see in the expences of that year a floating debt, or a x issue of boas royaux ' to the a,roeuttt of - . - - . 140,000,000 fr. I I urantees to repa - - 0,000,000 Emigrants Indemnity to the - . ' 500,000,000 An avowed addition to the war expence in Spain 32,000,000 A Debt of Spain . - - 34,008,000 The occupation in 1824, two millions per month more titan the Budget - .. - 24,000,000 Total To which add the Budget Total 736,000,000 899,933,1R0 . I ,q 7,933,180 . This is the probable expence for 1825 , and it amounts to nearly the double of what is now avowed. From this it results, that Prance, which ought to expend for one year 899,838,452 And for the other - 098,933,180 Together Will have expended for one And for the other 1,790,771, 83 1 1,1.14,601,871 1.1137,933,100 Total (ilium') 2,702,534,0 M The probable supplement expence then for these two years is 903,703,220 francs. Is this financial situation consoling for the future ? The Minister of Finance has not thought it necessary to carry every thing to the budget this year in figures. Several articles are mentioned in it pour memoire ; thus at page 15fl, the interest of the floating debt, the reconnaissances de uphill lion, the annuities, are inserted only as a memorandum. These interests, it is true, cannot amount to mote than 16,000,000 f. We understand the Committee of the budget made some obser vations, and were answered that It was of no use to place so many figures, because by the gain of the last loan all those trifling expences might be paid. It was remarked, that this gain, as well as these expences, should be placed on the nud ist, to form an exact balance. His Excellency having per sisted in asserting this to be useless, the Committee thought, it is said, that it ought to pass to the next subject of consi deration. (From the EMIle of Wednesthsy.l NI A nut D, 3u LY 1.--( By an Extraordinary Conueyance.)—The Minister of Marine has re. • eiveci the following' official intelligence front I' nerta.ltico, dated May 15 : " r transmit to your Excellency the report of the advan tages which the anus of the King our Sovereign have obtained in the kingdom of Santa Fe, whose troops occupy the capital, as well its the province of Maracaibo. or We are already informed of the successive defeats which " Bolivar has sustained in Peru, A Mithful Spaniard, named Vincent Pena, a man of great sense and very worthy of credit, hu arrived froM Maracaibo, which he only quitted last month. lie has given me the most circumstantial.details respecting the weaknesses of the forces and resources of the rebels. Misery -overwhelms and disunites them ; every where arc heard wishes for the re-eatablisliment of the Royal authority. A very !neon 41fierable force would suffice to rally all well-die nosed people, who arc pressed to despair by the vexations and exactions of the individuals who compose the revolutionary government. " Colonel Perez, a bpanish refugee, was assassinated iu open day in the streets of Puerto Cabello. A black Captain publicly exclaimed Vive le Ito! and no one ventured to attack him. 4 • Tile revolutionary troops have not received one real for -upwards of a year; thay receive salt meat and biscuit in lieu of pay. The wart of money is so great, .that the Insurgents have been obliged to disarm the two Brigantines, the Pinchina and time Ourica. The English Captain Maitland has resigned his command, not being able any longer to endure this extreme of misery." The above authentic advices have arrived by way of Curacoa. The following are what have been received direct from the COsta.ifirmit, with an official character _ Santa.Fi is occupied by the Royalist General Camerae. Bolivar, who had assembled 14,000 under his orders, has been completely beaten and routed by a less numerous corps of the Royal Army.. It is principally to the Spanish cavalry that this •triumph of the good cause is due. The results of this victory have been in the first place that 4,000 insurgents have aban doned the standard of revolt to range themselves under the IWial banners, and the flight of Bolivar as far as Carthame— * flight, which was so precipitate, that hie guard of honour either perished, or abandoned him. Ills Lieutenant Sucre, is wandering about with a feeble detachment 4 he vainly solicits reinforcements front his Government ; but Tar from remedying so many disasters, the Revolutionary Authorities will not hear a. word about them. The punishment of death is decreed against 'whoever circulates news from the army. Anarchy reigns every where. Cisneros is roving about the country with a band, sometimes consisting of 300 men, some times of ten, pillaging and sacking. The inhabitants of the district of Zulia have oftlaed 3,000 piastres for his head. " At Llano, the men of colour had conspired a general mu. •sacre of the whites. Peer has caused seven Colonels to be shot, who were implicated in this conspiracy. " Captain Don Juan Amengueal has brought the important news, that the Royalist General Urdaneta has retaken posses. lion of the fortress of Maracaibo. Ile has, besides, seized at Laguna, seven ships belonging to the rebels. The few revoking troops which were in that quarter have fled us far as Coro." Independently of the facts here stated, the Gazettes of Are. quip° and Cuzco.eontain the following details respecting the eveets which have taken place in Upper Peru. It is remark able that these several articles of intelligence bear the title of Official Correspondence. It was on the 2f3th October that the Viceroy lat Serna (who , closely pursued the Insurgents across the valley of Sicasica) succeeded in coining ,up with them at Cochabuinba. They were commanded by Lanza ; the action was warmly maintained ; but the Royalist infantry decided the victory, by charging with the bayonet. The enemy left on the field of battle att their artillery, ca iss ons, and baggage. Their loss in killed and wounded Is upwards of 000, without reckoning 600 prisoners who remain In the power of the Royal Army. (The Madrid Gaxeite of thelst July announces, that in its next number a second Bulletin will be published.) ST. CLOUN JULY 6.—Tho King heard mass In his apartments. liis Majesty took an airing is, his carriage at two O'clock. PAltli, JULY 7 .—Tha , question of the Jude pendendence of South America has already for several months past ItXCIUSiVeIy occupied the pe riodical writers of England. Ea ch I of went has expressed the opinions of the .party to which he .belongs ; but the great majority otthern, it mast xtbriitted, have declared in favour of the ;nun-- gents of the New World. It 'was p retty muc h the irime,it may have been observed, with regard to the war of Spain. The more , glorious an d pro fitable it was to France, under every point of view, the more it revived jealousies and provoked mistrustful rivalries. There are yet in Old lug land a number of envious minds who cannot en dure to see the house of France reign at once over the most feriile and wealthy countries in the Old and New World. These malevolent feel ings have incited them in favour of the rebellious colonies of the Spanish Monarchy. Taking their wishes for the real state of things, they already behold the Liberator Bolivar driving the revolu tionary car from the mouths of the Oroonoko to the shores of the Pacific Ocean ; but the star of the great Bolivar has suddenly become eclipsed. The burning plains of Peru have become to him what the snows of Russia were to his master and model, Buonaparte ; he has there lost his army, his glory, and his power. The perpetual anarchy of Mexico, the sudden return of the English Com missioners, a return blood-stained by an assassi nation, the complete nullity of Buenos Ayres, and, filially, the unexpected apparition of that Republic du centre, formed of the remnants of other Republics, already falling into decay, at the end of a ten years' existence, all concur to open the eyes of the attentive observer. If igno. ranee and bad faith still find support in some of the London Journals (amongst others The Courier is distinguished more for bad faith than igno rance), there are others which begin to pay free homage to truth. PRZNCII YU NDII. PARIS, Jvc. Y B.—The per. Cent. Consols 98 f. 50 e.—Bank Stock, 1825.—Neapolitan, 831. —Spanish do. 10.—Exchange on London, one month, 25f. 5 c.; three ditto, 24 f. 20 c.—(Court uthentique.) UNIVERSITY INTELLIGENCE. CAMIIIIIDGE, JULY 11.—On Tuesday last, being Corn. mencement Day, the following Doctors and Masters of Arts were created : DOCTORS IN DIVINITY. The Rev. Henry Vincent Bayley; Trinity College, Sub-Dean of Lincoln and Archdeacon of Stow. The Rev. Henry Kaye Bonney, Christ College, Archdeacon of Bedford. The Rev. John Short Hewett, Downing College, Rector of Rotherhithe, Surrey. The Rev. George Wilkins, Cams College, Vicar of St. Mary's, Nottingham, and Prebendary of Southwell. nocTous IN CIVIL LAW. Henry Vanne Sainsbury, Esq., Fellow of Trinity Hall. The Rev. l). littildfold Watt, ht. John's College, Rector Blagdon, Sometsetshire. Charles Robert Prinsep, Esq., MA811:11S Davies, St. Joh Joseph Gedge, Jes W. Poynter, Trin Ralph Lyon, Trin Thos. B. Wilkinson, C.C.C. James Pope, Queen's J. Hethersall Pinder, Colo* Robert Booth, St. Job St. John% College. OF ARTS. James Crowther, Jes W. J. Butler, St. Joh Barth. Nicholls, Pet G. S. Wilson, St. Joh John E. Carr, St. Joh G. B. Wood, Queen's Al. G. Cornwall, Trill Jolin K. C4oldney, St. Joh Edward Godfrey, ' St. Joh Peter Legh, Trin G. H. T. Farbrace, Chr John Simpson St. Job Thomas 11. K i tty, Trin Richard Cheslyn, Chr C. P. Worsley, Chr Philip Johnson, Chr It. It. Clayton, Caius W. t .Butt, K . ' _tog r. William Woroiley, St. Joh Arthur Pase, Clare Thomas 'nton, St. Joh Wm. Jones, Cath. H. Jas. T. Ilityliick, St. Joh T. O. Rorer*, Trio W. J. Hail, C.C.C. Thomas It. Murray, Pemli Henry Turton, Sid Samuel J. Allen, Pemb John B. Atkinson, Sid William Troliope, Pemb Bich. Parkinson, St. Joh Thomas Chapman, St. Job Francis Clow!, St. Joh Alex. Greaves, Queen's John Willis, at. Joh P. Wolthall, . St. Joh Thomas Ainger, St. John. B. l'eile, ' ' ' • . Trio T. W. Maltby, . ' • ' Trin Thomas Combe, . ' Put Jas. 11. Mandeville, Trin Allen Sandys. Trin James Barnes, Trin John E. Denham, St. Job R. P. St. ilarbe, (lath. H. Henry C. Cherry, Clare H. Thos. H. Copennsn, St. Joh Ambrose Steward, St. Joh Just 11. Alt, Cath. 11. Thomas Poynter, Trin Samuel Martin, Trin Edw. 0. Monk, Trin NVilliam Jardine, Cltr Peter Cator. Trio Thos. 11. Musgrove, Trin Edward White, C.C.C. Edward Davies, Trin John Macaulay, Trin Wm. H. Arundel, Caius H. W. Blake, , C.C.C. I Aug. B. Mayor, C.C.C. es P Charlym. Trin "----t- William Spencer, Henry 1110011, Charles Craven, Alfred Veasey, Charles Green, C. 11. Townsfiend, Thomas Ilan, Thomas IC. Arnold, Joseph Power, Charles Barker, John J. Rawlinson, Samuel Vermeil, Sohn P. Newby, F. 1). beouprivre, John A. Johnston, Henry Perkins, Aaron Browne, John Cando Thomas 'l'ylecote, Alfred 011tvant, St. Joh Pet St. Joh Pet Je Tr. ii. King's Tan Clare Trin Trin Qiteeni, St. Jolt 1 Trin 1111gd Pet St. Joh St. Joh Trin W. B. Clarke, Jes John It. Barker, Chr Thomas Wortley, Down Henry llarding, King's Henry Engleheart, - Cain% J. W. Hubbersty, Queen's James D. Wintle, St. Joh W. Corbett, Trin S. Dowell, I'et B. Haworth, Trin henry J. Perry, Jes George Freer, Emm George Styche, St. Joh H. S. Beresford, Clare J. C. Mateliett, St. Joh T. Wilson, Emm 0. Coles, Pet T. Lewin, Pet E. It. Mantel, En= J. 'l'. Knyfton, Trin Robert Graves, Trin rr, B. Western, Trin N. C. Barnardiston, 'hitt R. Andrews, &int John liollarns, l'et 1 %V. T. Haddow, Trin Henry Itose, St. Joh 0. E. Whyley, Trio J. B. Cartwright, Queen's John Jones, ' .les James Fawcett, Clare Edm. Faulkner, Pet Wm. C. Faulkner, Pet Charley Mace, Clare H. It. Bagshawe, Trin Henry Studd, Cetus .1. 0. Seeker, St. Joh Thomas Griffith, Trin Hunting Jollye, Jes Francis Barlow, Trin H. B. Crowe, Pemb John Dobson, Pemb ichael !tare, William Jame., St. Jolt N. R. Dennis, C.C.C, %%rm. 3larshall, St. Joh Itobt. E. Hankins►on, C.C.C. John Kennaway, Trin Thos. Swinburne, St. Job Joseph Milner, Cat)► 11. conferred at the congregation on John Hunt, St. Joh William Godrey, St. Joh Henry 'l'. Burn, Trin Edw. Sindys Bain, Trin The following Degrees were Monday last : Honorary Masters if Art:.--Lord Charles Paulet, Clare Hall ; the Hon. Thomas Erskine, Trinity College ; the lion. Thomas De Grey, St. John's College; the lion. J. Townshend, St. John's College. Doctor in Phyric.—Geow Leith Roupell, Gains College. Bachelors of Arts.---henry Meredyth, Esq.-Trinity College; Henry Francis Shaw befevre. Truth) , College; Lawmuc. Owynne, Trinity College. On Saturday last Mr. Richard Pinkard, of Caine College, was admitted Bachelor in Physic. The Rev. John Quids, M.A. was on Itiednesoay last elected a foundation Fellow of Christ College; and Mr. George Shephcard Porter, B.A. was elected n Fellow of that Society, en the foundation of Sir J. Finch and Sir 'l'. Baines. Soon after Lord K ENYoN was appointed Master of the Rolls, he was listening very atten- Lively to a young clerk, who was reading to him, before a number of Gentlemen of the long robe, the conveyances of an estate, and on coming to the word enough, pronounced it enow. Ills Honour immediately interrupted him---" Hold ! hold ! you must stand correct ed ; enough is, according to the verna cular custom, pronounced ale, and so must alt other English words which tertninate in ou g h, as for example tough, rough, cough, &c. The clerk bowed, blushed, and went on for some time, when: coming to the word plough, he with a loud voice,. and a penetrating look rat his Honour, called it Aff! 'nu, great lawyer stroked his :chi l i,. and with a smile candidly Young corrected." LAW INTEMAGENCE. COURT OF KING'S BENCH. TRINITY TERM, FRIDAY, JULY 2, 1324. TILE KING v. THE BISHOP OF PETERBOROUGH. JUDGMENT. LOUD CHIEF JUSTICE Asinovr—ln the case of the King and the Bishop of Peterborough, in which was areapplication for a writ. of prohibition to stay, proceedings in a monition issued to the Rev. Mr. NVetherell, incumbent of the rectory of . for the payment of 1201. to his curate, the Rev. Mr. Paris.—This case was very elaborately argued before us, upon the construction of the 57th of Gco. 3. chap. 1)9., and the prior Acts upon this subject. The facts upon which the question has arisen are shortly these :—Mr. Wetherell, being generally resident in his rectory, and generally discharging the duty of him parish, was desirous of having some assistance, and principally with reference to a school which he had established, and which required his atten tion a good deal. Ile engaged Mr. Paris to become his curate, at the yearly stipend of 100/., as it would appear, for a year; but at the end of three months there is an application to the Bishop to licence Mr. Paris. It was then that this contest com menced, for Mr. AVetherell remonstrated with the Bishop, and desired that he should allow his curate less. The Bishop hav ing fixed his salary at 1201. per annum, Mr. Wetherell alleges that he could not demand more than 100/. The fact does not appear to have been, at the time when the licence was applied for, communicated to the Bishop that there was an agreement between 11r. Paris and himself that lie was to receive las. Differences having arisen between 31r. Wetherell and his curate, Mr. Paris quitted the curacy, and claimed his salary of 1201. He applied to the Bishop, who issued his monition for the payment of the curate's salary, but without specifying the amount. Soon after, Mr. Wetherell received from the church warden a licence, stating that the 1201. had been stopped, the Mello)) thinking it proper to reduce the incumbent's income to 1001. per annum. 111 r. Wetherell then applied to this Court for a writ to prohibit the alteration of the salary. Therefore the questionis, whether a curate can have the be nefit of proceeding by a monition for the recovery of a salary, assigned by the Bishop without the consent of the incumbent, such incumbent generally discharging the duty himself. The process by monition is not according to the general course of the Ecclesiastical Court, for the claim of a salary. In opposi tion to the writ, It was argued that the proceeding was well founded upon the authority of the fifty-third section of the 67th of Geo. the Third, chap. 99, by which it was enacted, " That it should be lawful for the Bishop, and he is there required, subject to the several provisions and restrictions in the Act con tained, to appoint to every curate such salary as is allowed'und specified in the Act." It is provided by the Act " that every licence, which is granted by the Bishop to a stipendiary Curate, under that Act, shall state the amount of the salary ;---and that in case any difference shall arise between any rector or vicar, or person holding any benefice, and his curate, on the subject, touching such stipend, or allowance, or the payment thereof, or the arrears thereof, the Bishop, on complaint to him made, miry and shall euininarily hear and determine the same ; anti in case of wilful neglect or refusal to pay such stipend, salary, or allow. ante, or the arrears thereof, he is thereby empowered to pro ceed, by monition and sequestration, to seuucster the profits of the benefice for and until payment thereof." IVe think this seldom relates only to cases where the licence is granted, and the salary is assigned, in some way in confor mity with the Act; and we are to inquire if the salary in guess dun has been assigned to the Curate of a resident incumbent, was it not to an amount which the incumbent. did not consent to ? . For we are of opinion, that the proceeding by monition cannot be supported ; unless, in every case, the incumbent de sires the assistance Of a licenced Curate; although In some cases the Bishop can allow a salary greater titan the incumbent is willing to pay, and the Bishop has power and authority to re.: fuse a licence if he considers the proposed stipend to be inads. quate ; but that is very different to granting an allowance of a stipend greater than what is agreed on by the incumbent and the Curate. In the argument before us reference was made to the preceding Statutes. The Statutes on the subject are the Act of the 12th Queen Anne, chap..l2. The 12th of Anne gave a summitry remedy to the curate for the due payment of his stipend. The provisions of that Statute are applicable to the cam of the absence of the incumbent. The next Statute on the subject is the 36th of George the Third, chap. 83. This Act begins by reciting at length the provisions of the Statute of Queen Antic ; and it further recites, that in many place's the provision made in and by the said Statute for the support and maintenance of such Curate had become insufficient; and it then proceeds to enact " that It shall be lawful for the Bishop or ordinary to appoint, utpor his hand and seal, an allowance for any Curate, heretofore nominated or employed, or hereafter to be nominated or employed, not exceeding 'M. per annum. Connecting this enactment with the subsequent provisions of the Act, we think its operation was intended to be confined to the Curates of non-resident incumbents. It gives the same authority over Curates employed, though not regularly nomi nated, as well us to Curates who have been or Khali be duly no minated, whereas the Statute of Anne only relates to Curates nominated. The other section on the subject is the 6th section, which, after reciting " that it is expedient the authority of Or dinaries to licence Curates, and to remove licenced Curates, should be further explained, enlarged, and confirmed, it enacts h t o l tai s i o t r shall e l e a t , c y t f t i l i a l lly p f l lr y d e i d na b r y y t t h o e 1 i i c t e e n c c to e r uN ri c C a u r, ra o te r expressin otherwo words, Incumbent of nominationw f r it t it i fi i l i si y ht, F it o r c i itultihraCetleoi shall rriyiaCivsyheabp thee been n , s a na l li t a :F ie u t I t t tho n er o : 1 1 ) ;i w c a e r r , !orotherrevoke I b . n u e n u i ! I n n it r e i ti d that iv a i n thoutino t c h e. e ss O ,a rt u li y n l a ic ry en s c l e dl have granted to any Curate employed, within' his jurisdiction, and to reniove such Curate for such good and rea sona bl e cause as he shall up 1. prove, subject nevertheless to an appeal, as well in the case of a grant of a licence to a Curate who has not been nominated, as in the recovation of a licence granted to a Curate." Now, look ing at die construction of this section of the Statute, with refe rence to the words of the first section, which introduces the word " employed," only to the Curate of a non-resident Incumbent. There if appears to us that this section applies is nothing to chew that it was intended to extend to the Curates of resident Incumbents. Then we come to the 53d of George the Third, cap. 149, which begins by recit ing the title of the 12th of Anne and 86th George HI. It also states, "That whereas by a canon or ecclesiastical consti tution made in the year of our Lord 1603, in the reign of his Majesty King James 1., it was provided, that no curate should be permitted to serv e in any place without examination, and admission of the Bishop of the diocese or Ordinary of the place, having episcopal jurisdiction, in writing, under his hand and seal, having respect for the greatness of the cure and meetness of the party ; anti that the said Curates and Ministers, if they remove from one diocese to another, should not by any means be admitted to serve without testimony of the Bishop of the diocese or Ordinary of the places as aforesaid, whence they came, in writing, of their honesty, ability, and conformity to the ecclesiasticai'lewe of the Church of England; mind that none should serve more than one church or chapel upon one day, except where such Ministers as should serve in two places be not able, in the judgment of the Bishop or Ordinary as aforesaid, to maintain a Curate : And wh ereas t he provisions of the sa id - acts and canon, and of' the laws in force with respect to Curates., have been found insufficient, and it is necessary that more effec tual provision should be mule to secure a competent maintenance to Curates, in order to ensure the due and regular performance of the service of the Church of England, in parishes where holm. bents do not reside." of, or person holding an It then enacts, •" That every Incumbent or parochial chapelry,benefice, donative, perpetual curacy, thereon, (unless such 'person shall do the duty of the same, vicarage-h0t..., or ether usual house of tesi dence ' who does not, or shall not, duly reside having a legal exemption from residence, or a license to reside out of the same, or to reside out of the parsonage-house, or • the same), and who shall, belonging tse I"ssing of this act, or after his induction or appointment, or after the death or removal of a former curate, neglect to miomein. ate a proper curate, to be licensed by the Bishop of the diocese or Ordinary of the place having episcopal jurisdiction, to serve for die period oficiv months after the his church, or chapel, or who shall, fur the period of three months after the death or resignation of any curate who has served' his church or chapel s neglect to notify to the Bishop of the diocese such death or resignation, shall forfeit and lose all the benefit of any dispensation or exemption from residence, or license for non-residence, and be subject and liable to such and the like penalties for non-residence as if he. had no such dispensation, exemption from a residence, or license for non-residence."— This first section, therefore, plainly relates only to curates of non-resident incumbents. The second section of this Act s is ev t e l n ieone from which 'Thiel, hiclith the fifty-third section ,of the fifty_ ofis admitted to be taken. It enacts " that it shall be lawful for the Bishop or Ordi. nary, and he is hereby required, subject to the several pro visions hereinafter contained, to appoint to every Curate so • licensed such sufficient salary as is allowed and specified in this Act." It then proceeds to give the summary jurisdiction in cases of differences between the Curate and incumbent for the recovery of the arrant of stipend. This section is an addition to the'first, and therefore it cannot be applied to any cases except those mentioned In the first section, unless by some other part of the Act there should appear to be a clear distinction. The 3d section has reference to the residence of the Curate in the parsonage-house, in the case of the nonresidence of the incumbent. The 4th also . relates to the para9age.house.— The 6th ,section is, also in respect to the giving up of possession of the Parsonage-house. The 6th regulate,' the filing, in the registry of. the diocese, licences and revocations. The 7th enacts, that in case any person shall be inducted to any benefice, or shall be nominated or appointed to any dons-' tive, perpetual curacy, or parochial chapelry, and shall not re side thereon, unless such person shall do the duty of the same, having a legal exemption from residence, or a licence to reside out of the same or to reside out.of the parsonage or vicarage, or other usual house of residence belonging to the same, the Bishop or Ordinary shall appoint for the Curate, licensed to serve such benefice, donative, or perpetual curacy, or parochial chapelry of such non-resident incumbent, or person in his ab sence, such salary according to the gross annual value of the benefice," &c. It then gives the scale of salaries, which, in many cases, may amount to the whole value of the benefice ; and therefore the oth section enacts, that in such case when the Bishop or Curate appoint for a Curate a salary equal to the whole annual value of the benefice, that such salary shall be subject to all such and the like charges and outgoings as may legally affect the value of such benefice. The oth relates to where the incumbent shall serve the cure of an adjoining parish, in which case the salary is to be regulated in this way, that the " salary to be received by him for serving each of the said churches or chapels shall be less by a sum not exceeding 301. per annum than the salary, which in the several cases hereinbefore mentioned the Bishop or Ordinary is required by the Act to appoint." So that this also applies to the case of non. residence. The 10th section introduces for the first time the case of an incumbent who may be resident; but it is rather incidentally, for it says, " That in every case in which it shall be made out to the satisfaction of the Bishop or Ordinary of any diocese, that any incumbent or person holding any bene fice, donative, perpetual curacy, or parochial chapelry, is, or has become non-resident or incapable of performing the duties thereof, from age, sickness, or other unavoidable cause, and that from these, or from any other special and peculiar circum. stances of the case, great hardship and inconvenience would arise, if the full amount of salary specified in this Act should be allowed to the Curate, then, and in such case, it shall be lawful for such Bishop or Ordinary to assign to the Curate any suck salary less than the said full amount. But this provision is also very suitable to what might be the case of a non-resi dent incumbent. In many cases the Act had previously fixed the amount of salary, leaving nothing to be fixed by the Bishop. It would appear that this tlause as to an incapacity of per forming the duty, might have been introduced in this sec tion, rather by way of caution, than to vary in any manner. the construction of the previous clauses. Then the 11th sec tion manifestly relates to the scale which is given by the 7th section, and in consequence must be considered as applica ble to the case of a Curate of a non-resident incumbent. The 12th also relates to the case of a non-resident Incum bent; tin it provides, that where the Bishop shall appoint for the licensed Curate serving any benefice where the salary is not less than the whole gross annual value of the same, and where, in addition to such salary, the Curate is directed to re. side in the parsonage or vicarage.house, that such Curate shall be liable, during his so serving the Cure, to the same taxes in respect of such house, &c. of which he is in the occupa tion, us if he had been inducted to the Benefice. The ISth section provides for the case of a Benefice whose actual annual income exceeds 4001., and it authorizes the assignment of a salary to the Curate of 100!., notwithstanding the population of such parish or place may not appear to amount to 300 persons, and that in any parish or place where the actual annual income shall appear as aforesaid, and where the population shall also appear as aforesaid to amount to or exceed five hundred per. sons, it shall be lawful for the Bishop to assign to the Curate of such parish or place, being resident within the same, and serving no other Cure, any larger stipend or allowance, so that the same shall not exceed by more than 501. per annum, the amount of the stipend or allowance here inbefore respectively requirtd to be assigned to such Curate." This must be considered with reference to the 7th Section. The 14th Section Is one upon which much stress was laid in the ar guments at the Bar. It recites that nothing in this Act con tained shall authorise or empower any Bishop or Ordinary to assign to any Curate of any person holding any Benefice, Dona. tive, or perpetual Curacy, or Parochial Chapelry,.before the passing of this Act, upon any such Benefice, Donative, perpe tual Curacy, or Parochial Chapelry, held by such person be. fore the passing of .this Act, and on which such person is or shall be now resident by Licence or Exemption, or to the Curate of any person holding any Benefice, &c., who shall duly reside thereupon, or who shall do the duty of the same, having a legal exemption from residence, or a Licence to reside out of the Parsonage or Vicarage.house, or other usual house of residence, belonging to the same, any greater stipend or allowance for the Curate, who shall be licensed to serve for such Benefice, &c. than is allowed by the Statutes in force, before the passing of this Act, unless with the.consent of the person holding such Benefice, &c." Now the cases are limited to three. l ust, it is the case of a Curate to a Benefice, held before the . passing of the Act, and who shall be non-resident. Secondly, Atli limited to the Curate of an Incumbent of a Benefice, who %hall duly u h t av o itg a the reside thereon ; and Thirdly, to the case of a Curate of an In lcougnam exemptionl mu o) n a l l o himself il do residence, thoer licenceut of theto id nt r s e a s ri e e, O same. here is a new clause, but so framed that we think it cannot, according to any rule of sound construction, be deemed to give a new power to the Bishop ; nor can any such inference reasonably be drawn from it. It puts the Bishop precisely in the same situation he was in before the passing of the Act, as to his authority of fixing the salary of the Curate of an Incumbent. It does not give the Bishop any power which he did not before possess; and it would appear by a reference to the first and seventh Section to have been introduced only by the way of caution, as many other provisions of time same nature arc intro duced. The Fifteenth Section relates to agreements made by the Incumbent and the Curate in fraud and derogation of the provisions of the Act. The Sixteenth is a pro vision, that no Licence shall be granted to serve more than two Churches in one day. The Seventeenth provides for the case of an Incumbent, having two or more Benefices, residing partly in one and partly in the other, which is in fact a provision for the curate of a non-residentincumbent. .The Eighteenth Section relates particularly to applications for a licence from non-residents; and it requires that the incumbent shall state the salary which he proposes to give his curate.— The Nineteenth Section refers to the particulars which are to be stated from the incumbent himself, who applies for a licence for non-residence. The other remaining sections have no ap plication at all to the question. Upon this review of the statute we arc of opinion that it does not authorize the Bishop to fix the salary of a Curate of a resident Incumbent without his con sent. This Statute, being all repealed by the 57th of Geo. 111. the sections of it are now referred to, not as the law, but only in explanation, and to assist us in the construction of th e l ate Act; and on an attentive perusal of the late Act, it appear* that almost every clause of it is taken from some clause in t h e former Act, with some variation of language, but which arc very immaterial alterations. The only clause which appears to have any reference to the present inquiry, is the 53d, which authorizes the Bishop to appoint a Curate with a certain salary, where it shall appear to him that the ecclesiastical duty of the benefice is inadequately performed. The case before the Court is not one of that description. Having commented minutely on the clauses of the former Act, it would be wholly unnecessary to refer to them again. But looking, at the corresponding clauses, there is nothing we can find to authorize the Court to think the case comes within the fifty-third section. It is no part of our duty to pronounce any opinion as to the expediency of giving the authority to the Bishop to say what salary should be given to the Curate of a resident incumbent. The Legis lature could have given the power undoubtedly', and in certain cases with certain restrictions they have given the power of or. dering the salary which shall be paid to the Curate; butin this case they have not given it. We must therefore infer that the Legislature has hitherto thought the power would be inconve nient. Whether they thought that irsuch power was given the resident incumbent might be deterred from performing the duty, or from whatever other cause it was, we do not know. Our judgment is given in this particular case upon its own particular circumstances, as to the giving the Curate a greater salary than the resident Incumbent had proposed, Our judgment is not formed on the general question, nor from the authority of time Bishop to entertain , a Suit for the Curate's Salary in a formal manner accnrding to the usage. The Court abstains from giv ing any opinion upon time power of proceeding by monition, with regard to the Curate of a non-resident Incumbent. Upon the other point , as to a resid e nt Incumb e nt, it m a y be perhapsa fit subject for the attention of the Legislature, but the statute appears not to have given the power. No doubt, the Right Reverend Prelate thought he was discharging his duty according to time provisions of the Act, but we think he has been mistaken in the application of the statute to the particu lar case. We, therefore, think the Rule for time prohibition must be made absolute. A daring robbery was committed about four o'clock in the afternoon of Monday last, in the house of the Right Hon. the Earl of Charleville, in Cavendish.square. The butler having occasion to go from his pantry, where ho was employed in preparing the plate for dinner, to the upper part of the house, some daring thieves during his absence contrived to pick the lock of the area gate, and crossed a long passage into the pantry ; they carried oft' two dozen table spoons, 111 de. sert ones, M table forks, and three plated ones. The plate is marked with the family arms, a Moor's head set in a ducal coronet. The exhibition of the varieties of the straw berry on Tuesday, at the Rooms of the Horti cultural Society in Regent-street, exceeded those of any former year. They, however, in general lacked flavour, occasioned by so much wet weather, and the want of sun. .. 6 For " A. P." on INEZ D. PRICE OF STOCKS Tlf IS Bank Stock 036 i 3 per Cent. Red. 93J 3 per Cent. Cons. 93i 3 ex div. 3 4 per Cent 1011 Dissd. 4 per Cent. Assd. 1011 101 New 1064 ex div. Bank Long. nn. 22i 13-16ths Imp. 3 per Cents. India Stock . Ditto Bonds South Sea Stock CASTRO, See the rourth;rage. D Y AT ONE O'CLOCK. Old Annuities — New Ditto Ex. Bills 1000/.2d. Ditto 10. 37 35 Ditto 5001.2 d. 39 31 Ditto lAd. — Ditto Small id. 37 Ditto I . itl. — Ditto Commercial Bank for Act. India for Acct. Cons. for Account 94 NDS, AT ONE O'CLOCK. Portuguese Bond* .... Scrip -- Prussian, 5 per ct. - Ditto New - Spanish IEI2I, sper ct. 11123, ditto Buenos Ayres ll Pr• Alliance Shares l4i Palladium Equitable Loa* Ilanches►er Ditto -. French Renter — Scrip STOCKS, JULY 6. Grand Canal Loan, 6p.et. 69 —Ditto 4 per cent.... 44 —Ditto Stock — Royal Canal Stack — Wide-street Cert. 6 per ct -- Do. Deb. with Gov. Sec -- Pipe Water Deb. 5 per ct — Do. 6 per cent -- Ballast Office Govt. Sec 4 per cent. _ —• PRICES OF FOREIGN F A urtrialailds, 5 per ct. ...93,i ... Chilian, Bds, I; per et. Colombian llds. Opera. Scrip 3ii dis. Danish, t per cent Greek Scrip 10i dis. 51exican Bonds --Scrip leg dis. Neapolitan, 5 per cent.... Peruvian Bonds —Scrip Ilussian, Old, 5 per ct 94 PRICE OF IRISH Barak Stock t ;ov. Deb. 3i per cent. 1 stock, 3i per ct fey. I)eb. 4 per cent. Gov. Deb. 5 per cent. —Stock, 4 per cent. New Treasury Bills, 5 per cent — City Debentures, 5 per ct — Lying in Hospital 4 per ct — Excluinge on London; July li, 8. FOREIGN MAIL% ARRIVED. 1 Holland 1 Flanders U Francs 111011 AVATER AT LONDO Burning. 30 minutes after 1. THE SUN. LONDON, FRIDAY, JULY 9, 1824. Dux. I:Guernsey and Jersey , 1 Lisbon 1 Hamburgh )ISI BRIDGE T 0.51011 ROW. 1 Evening, 56 minutes after 1. QUI.? DICEIIE FALSUM AUDEAT CITY, Owi o'CLocr. Consols opened at 94k for Account, and have declined one eighth, with little doing either in them or any other description of British or Foreign Securities. In our preceding columns we have given ex tracts from the Paris Papers of Tuesday, a nd the Etoile of Wednesday. Amongst those from the latter Journal is the intelligence from South America (through Spain), the substance of which was communicated to us yesterday by express, and laid before our Readers. There can be little doubt that this Spanish American news is at least exaggerated ; but still, after making every fair deduction on account of the interested feeling of Spaniards, there is but too much rea son to fear that the cause of independence in Peru has been lost. We have received Brussels Papers to Wednes day. They contain the following accounts from Augsburg, fully confirming what we have from time to time stated respecting the movements of the Ministerial Congress at Johannisberg:— A JumE 27.—( Private C orrespon d ence . )-11 1 weh u av a e snln stated, , the conferences between Prince Metternich , Marquis Caraman, M. de Tatischeff, and . Prince lietzfield , are very frequent. It appears that the affairs of the South of Europe, as well $$ of Brazil, are seriously discussed. Report speaks also, but vaguely, of a memorial relative to Greece, said to have been presented to the Austrian Ministers, as well as of a Not! transmitted from Constantinop e by Baron Ottenfels, in which the whole of the crook e d p o li cy o f t h e Di van Is fully Ist" _ _ As for the affairs of Germany, it is affirmed that Prince Metternich, after having caused the views of his Cabiaet to be made known to the Sovereigns of that country, has contented himself with verbally explaining them to those German Ml' nisters now at Johannisberg, who have lost no time in sending reports to their respective Governments. Princess Metternich and daughters receive every evening the Foreign Ministers ' several of whom, from want of roo m in the, Chateau, lodge in houses in the neighbouring Communes 0 ' the Rhingau, where they are near Johannisberg. The cool' pany is always very numerous. The Prince is sometimes Pre' sent, but his occupation will not allow him to be present eel evening. Two more Diplomatic Gentlemen have arrived at Jobannil' berg, viz. Count Moronzonquery Woronzow), Russian Minis' ter at Munich ; and Baron Amstetten, Russian Envoy at Frankfort. There is a curious specimen of inconsistency in the Chronicle of this morning, as the Reader will see on referring to our usual extracts from the Morning Papers. It is well known tha t the recent panic on the Paris Stock E" change was occasioned by the news from London of the fall in the British Funds, and of the intention of our Government t^ send a military force to Portugal. The former of these facts, viz., the fall of oar Fonds, is not" riously true ; and as for the latter, the Chronicle itself, in its first leading article to-day, not only confirms it, but alleges that the force to be sent to Portugal will be much greater than was oda ginally intended, and will consist both of English and Hanoverian troops ! The Chronicle, neverthr less, in a subsequent article, gravely asserts that the depression of the French Funds was owing to the interested circulation of false and unfounde d rumours from England! THE KING V. THE BISHOP OF PETERBOROUGU . -Li another part of our Paper we have given full report of the observations of the Lord Chief Justice AnnoTT, on pronouncing judgment il l this case, the circumstances of which were gene" rally mis-stated by our contemporaries, suppoi"