The Express.
London, England, 1851-07-28 00:00:00

CHURCH FROPERTY.

The tit:lowing is the Report of a Select Committee
of the House of Lords appointiA to consider Lord Carlisle's
Bill " for the Management and Ltegulation of Episcopal
and Capitular Estates and Reve:tues in England and
\Vales '

That the committee Lave met, and considered the said
bill, and also the said petitions ; and have examined several
witnesses in relation thereto, and are of opinion—
I. That the present system of managing episcopal andea-
patular property is unsatisfactory, first, as inconsistent with
the best management of the property, with a view to the
obtaining the largest net produce from the land; and,
secondly, as giving rise to vague and ill-defined impressions
on the part of the large body of the lessees as to the charac-
ter of their connexion with the property, and their claims
and rights supposed to arise therefrom.
11. That, fir order to render episcopal and capitular pro-
perty " most productive and beneficial to the church, and
most condusive to the spiritual welfare of the people," it is
advisable to give facilities for the alteration of the present
system of leasing that property, "due regard being had to
the just and reasonable claims of the present holders of such
property, under leas,: or otherwise."
111. That the system proposed to be substituted for the
present system by the bill before us, namely, the giving to
the lessees (except lessees of tithe rent-charges) • perpetual '
right of renewal, in consideration of additional rents, fines
and payments, appears to be framed so as to preserve a close
common between the bishops and capitular bodies and
their present property, and to secure to them, with very
little responsibility and expense of management, an aug-
mented income, increasing further with the increasing value
of the property, and at the same time so as to give perma-
nently to the lessees, upon tenas more or less favourable,
the renewals which they now customarily enjoy, whilst it
provides for ultimately making the bishops and capitolsr
bodies owners of such separate est ate' as shall be deemed
sufficient to secure for them such an average income as has
been fixed by parliament, instead of Waking them mere re-
ceivers of fixed stipends.
IV. That it is nevertheless open to very serious objec-
tions, which appear to the committee to be ruts' to its adop-
tion, namely, Ist. On the part of the church (a.) As de-
priving it, to • great extent, of the real ownership of its
property, and tearing it only entitled to money payments
proportionate to the value of that property . (b.) As being.
a system which does not hold out that promise of afros dull;
satisfaction to all the parties concerned upon which aluue
any confidence in its permanence can be founded:(c.) As no,
obtaining for the church so large an increase of her resources
applicable to the spiritual welfare of the people as might be
derived under other arrangements. 2nd. On the part of
the lessees:—(a.) As establishing an inconvenient tenure,
under which the lessee will be subject to all the risks and
burdens of ownership, with a comparatively limited bens-
' ficial interest in the property : (b.) As giving him a pro-
perty so heavily encumbered with rent-charge or other
periodical payments, that it would almost be disqualified
for being the subject of mortgage or settlement, and would
not, as respects the beneficial interest of the holder, tell at
the rate of fee-simple property : (c.) As still leaving him
more or less under diwouragements to improvement, how-
ever much these discouragement., may be mitigated by tho
extension of the interval between successive valuations.
And that on these grounds the committee have considered
it inexpedient to proceed further with the bill.
V. That it would be more advantageous to the good
management of the land, and would tend to the more
effectual development of all its powers, and at the same time
promote tee interests of the lessors and of the lessees, if the
beneficial ownership of the church property, which is now
divided between the church and its beneficial lessee,
should in some cases be wholly vested in the one, and in
other cases in the other, according to the circumstances of
the property.
VI. That, with these views, enfranchisements on the
part of the church, and surrenders on the part of the lessees
upon reasonable and just terms, should be encouraged and
facilitated.

VII. That, in endeavouring to suggest what would be
reasonable and just terms for such enfranchisements and
surrenders, it is necessary to consider the nature, extent,
and validity of the lessees alleged rights, claims, or expec-
tations in reference to renewal.

VIII. That, in the opinion of the committee, neither the
bishopv or capitular bodies now are nur have at any time
been bound by any obligation in law or in equity to anew
their leases.

IX. That although, according to the ordinary practice
arising from the temporary nature of the interest of the
bishops and members of capitular bodies, church leases
have been generally renewed on terms so favourable to
the lessee as to have been termed beneficial leases, yet the
bishops and capitular bodies have exercised from time to
time unquestioned acts of ownership over the property thus i
leased, negativing completely the existence of tiny such obli-
gation to renew—By refusing to renew. By granting occa-
sionally concurrent leases. By renewing at an increased
rent. By altering the rate of fine, either in individual
eases or generally. By exceptions of property out of the I
lease ; and by alterations in the condition and reservations
in the leases. And some ecclesiastical corporations, sole
and aggregate, have, at some personal sacrifice, entered'
upon a systematic course of improving their property, by
running out to a greater or less extent the leases thereof,
and, IL! I it is believed, without impediment or remonstrance.
X. That, nevertheless, it cannot be denied that the les-
sees, with comparatively few exceptions, have had, dc
facto, for more than two centuries, the advantage of re-
newals on (avowable terms, which, although differing in
different dioceses, and gradually increased at different
times in different diocese*, have been for considerable pe-
riods of time uniform in the same diocese, and that the long
continuance of this practice, rendered almost inevitable by
the temporary nature of the leseor's interest already alluded
to, has created in the lessees an expectation of renewal But-
lisiently definite to be treated as between third rarties as
approaching to a certainty.
XI. That leases of this description, in consequence of
this expectation of renewal, have in various parts of the
country sold at a considerably higher value, as compared
with the fee, than would have been the case had not such
expectation existed, and have also become the subject, not
only of mortgage, but of settlement and devise, with limit-
ations to children and their posterity, indicating a strong
impression of the certainty of their continuance, and that
under the like impression permanent improvements have
been made by the lessees on this description of property.
XII. That, but for the interference of parliament, these
advantages would to a great extent continue to be enjoyed
by the lessees; for although a better understanding on the
part of the lessors of the value of the reversionary interest
parted with on renewals, and a growing willingness on
their port to make personal pecuniary sacrifices with a view
to the improvement of the church property, would pro-
bably lead to enhancement of the terms on which leases are
renewed, and to a further extension of measures for run-
ning out church leases, yet this change of system could
only have takeu place gradually, and during a long inter-
val of time, and iu the meantime, owing to the peculiar cir-
cumstances of the lessor, and his relations with the lessee,
renewals would have continued to be granted on favourable
terms to the lessee.

XIII. That, in defining the terms of enfranchisement
and surrender, it is advisable, and it would be in accordance
with the usual coune of legislation, that any injury sus-
tained by either party through the alteration of their rela-
tive position by legislative interference, be considered and
compensated.
XIV. That, having regard to the considerations above
stated, your committee are of opinion that the following
terms of enfranchisement and surrender may be recom-
mended both to the episcopal and capitular bodies and their
lessees, namely:—With respect to farina and tithe rent-
charges:—That if the bishop or capitular body agree to
enfranchise, the price to be paid for the enfranchisement
shall be the value of the fee simple, deducting the value of
the lease at such valuation as hereinafter is mentioned ;
and if they decline to enfranchise, they shall pay for
the surrender of the lease at such valuation.
That the beneficial interest of the lessee shall be valued at
the same rate of interest at which the value of the fee-
simple has been determined. That as regards leases for
years which are reduced below 21 years, the lessee shall
have the option, before enfranchisement or surrender, of
one more renewal fcr seven years at the rate of fine at
which he has heretofore renewed. That as regards leases
for lives, which, upon u proper estimate, shall be found
equivalent to terms of less than 21 years, the liko advantage
of a renewal, at the usual rate of fine, for a term of seven
years, shall be secured to the lessees.
XV. That all such enfranchisement& and surrenderssball
be subject to the COnStrit of the Church Estates Commis-
sioners.

XVI. That the above terms for enfranchisement and
surrender be applicable to the estates vested, or to become
vested, in the Ecclesisatical Commissioners, and shall be
carried into effect by the Church Estates Commissioners.
XVII. That the moneys to arise from any such cufran-
ehisement by any bishop or capitular body shall be applied
either in payment for the surrender of leases held under
such bishop or capitular body, or shall be iuvested in the
purchase of estates, to be conveyed to such bishop or ca-
pitular body, due provision being made to prevent such
bishop, or the members of such capitular body, from re-
I ceiving, during the progress of such arrangements, either a
greater or lees income than he or they would have received '
tf such enfranchisement had not been made : provided that
ultimately the bishops and capitulsr bodies should be put in
possession of separate estates calculated to yield the average
I meow, fixed by parliament.
XVIII. That in any legislative measure which 11131 be
1 requisite for carrying the preceding resolutions into effect,
i provision should be made for excepting front its operation
cases in which the expectation of renewal on the part of the
lessees his terminated either by their own proceedings, or
by the proceedings of the lessors, and fur reserving, as
special cases for the adjudication of the Church Estates
Commissioners, the enfranehisements and surrenders of
i lauds having a dormant value, either in reference to their
I applicability for building or mining purposes or otherwise,
and also lands in which extraordinary permanent improve-
' moots shall have been made.
! XIX. That the committee, therefore, sagest that a per-
missile bill be passed, empowering the bishops and capitu-
lax bodies-to enfranchise and to accept surrenders from their
lessees, with the sanction of the Church Estates Commis•
mown ; and the -committee look forward to the results of
' such voluntary dealings as furnishing a safe bseis fur any
legislation on the subject of compulsory enfranchisement, ,
should such legislation be hereafter deemed expedient.
The committee have coasted the preceding recommen-
, declaim to farms and tithe rents-chance. With respect to
house property and mines, the committee entertain doubts,
which can only be removed by further investigation end
consideration; whether the errangementa which they have
sugppegested can be advantageously applied to those kinds ~.f
rt
PrThe committee
have also directed the minutes of evidence
taken before them, together with en appendix and index
thereto, to be laid befog year lordships.

ROL USSEER CATHEDRAL ORAMM jt

SCHOOL.

' We are requested to insert the following letter
addressed to Mr. Mowatt, M.P., by the Rev. R. Whis;nn,
on the sof.;ect of Sir John Pakington's observations in the
House of Commons, with reference to the Bishop of
' Rochester and the Worcester Cathedral Grammar &Mu!:
Rochester, July 28, 1851.
My dear Sir,—l an: very much surprised by the demand
of a retmetati as which isir J. Pakington appears to have
made upon you in the Hot:so of Commons last night, and
still more so by his denial of my statement that the 40
Foundation boys of the Worcoster Cathedral School re-
ceived only Os. 10d. each, instead of the value of the old
21. 13s. 4d., while the present Bishop of Rochester was Dean
of Worcester. In the first place Sir Job.: was himself in-
accurate in stating that Mr. Wheeler is the bead of the
cathedral school. This is a mistake, the held-master
being the Rev. Octavius Fox. Another statement of
tho hon. baronet I hardly know what to make of;
it looks like a contradiction, and yet it is not.
all it amounts to is that the 21. 13s. 4d. each had " always
been paid, and 'till continued to be paid." But my allege
tion is, that although this 21. 13s. 4d. was an allowance for
maintenance, and not for tuition, and although the stipend
of the head-master was fixed in the scheme of Henry \ 111.
at 201. (the same as that of a canon), and the stipend of the
second-master at 101., or one-half, yet notwithstanding, the
canons have raised their own 201. to 626/. 3s. Id., and de-
prived the boys of 21. 7s. 6d, each, in order to provide a
salary of 901. for the head-master, and of 110/. for the
second. At p. 113 of "Cathedral Trusts," Edn. 4, I have
explained this in a paeans which was read by Sir F. Thesiger
in the Court of Queens' Bench, and copied in all the
papers, without rintraa'ietion, and which runs thus:—" In-
stead of IL 13s. 4d., the 40 boys jet Worcester, get only
Os. 10d. each; for V. 2s. 6d. is taken from each boy, and
given to the second master, and Os. more is further taken
from them, and given to the head-master. The result of
which is that the head-master has a less stipend than the
second, and that the 40 boys at Worcester, instead of being
maintained at the costs and charges of the charges of the
church get Os. 10d. each." To this statement I adhere, fur
when I was first informed by a letter from Worcester dated
Feb. 26, 1849, that " out of the 2/. 13s. 4d. paid
for (not to) the boys, all by Os. 100. d. reverts to the
masters, to make up their salaries." I could not
and did net believe it, and therefore I took particular pains
to satisfy myself of its truth before I gave it publicity.
Moreover, I beg to assure you that I have in my possession,
e r within my reach, proofs of and producible vouchers for
es‘ry fact which I ha-c asserted in " Cathedral Trusts,"
and especially of and for my allegation about the Worcester
nimnent of Os. 10d. I cannot, of course, compromise my
;dot-mania; but if Sir John Pakington will only do me the
honour to ei.mmunicate with me, I will undertake to prove
to him that Han statement in question is true, and if it had
not been I think I should have heard long ago from the so-
licitor of the Dean and Chapter, to the effect that they pe-
remptorily demanded a retractation from me, with the
alternative of a criminal information.

Perhaps it may be worth while for you to inform Sir John
Pakineton that I made a similar charge against the chapter
of Canterbury of reducing the old allowance of 41. to
1/. its. id., and against the chapter of Rochester of reducing
the 2!. 13s. 4d. to 11., and that the latter body explained the
reduction by stating that up till 1842 a portion of the old
money payments was paid not directly to the boys, but for
'them to the masters. But, unluckily, it so happened that
the second master never received morn than 81. •
year from the chapter, nor did either master get
a single 11. 13s. 4d. a year more when there were 20
foundation boys in the school, than when there was only
one. As t'or the reduction at Canterbury, it is admitted to
be a fact, and if the chapter of Worcester wish to prove to
the world that their masterA have not been paid as I affirm
they have, and that their 40 King's scholars have received
21. 13s. 4d. each, without any reduction whatsoever. The
best plan will be for them to publish a formal statement,
signed by the masters, and another by the parents or guar-
dians of all the 40 boys, distinctly and unequivocally nega-
-1 tiring what I affirm to be true.

Hoping I have succeeded in convincing yourself that I
have not led you into any error, I remain, my dear sir,
yours very truly, ROBERT WUISTON.
Frances Muwatt, Esq., M.P., &c. &c.

CONISIITTAL OF THE CHESHIRE

BURGLARS.

The daring robbers who attacked the house of
Mr. R. Hine, a quaker gentleman at llockley, near Mac-
clesfield, have all been apprehended, and on Saturday
were brought before the county magistrates at Macclesfield
for examination. The leader of the gang, Jonathan Brad-
ley, was taken in Congleton, ut the shop of Mr. Drake-
ford, watchmaker, to whom he offered Mr. Richard Ed-
mund Iline's gold watch very shortly alter that gentleman
had received a placard from the police describing the rub-
bery. Mr. Dmkeford at once gave this man in charge,
and the county police in the course of the following day
discovered and apprehended his accomplices. The names'
of these men are Jacob Dean, James Middleton, Jon-ph
Middleton, and Thomaa ltidgeway. Having been played
at the bar of the police court, the first witness called was
Mr. Richard Him, sen., who described the attack on his
house on the morning of the 16th instant by men who,
when he opened his front bedroom window, demanded the
money and other valuables in the house, presenting a pistol
at him as he remonstrated. Ito afterwards saw them
at the back of the house break open the back door, and
his daughter having been down stairs and told him one of the
panels of an inner door had been burst out, he advised his
son to give the robbers his watch if they would consent to
go away. At the close of his examination be was asked if
he could identify any of the prisoners, and they were
ordered to put on their caps. With this order Bradley
complied very unwillingly, and though his behaviour was
bold and impudent in court ho partly turned from the
witness and averted his face. After looking steadily at
them ter sometime, Mr. Hine said he could not speak with
certainty to any of them, though he thought the voice of
one of them (Bradley, who he had before known) was
familiar to him. They either wore black masks or had their
faces blacked.

Mr. R. E. Hine, jue., next repeated the account of the
attack, much to the effect already published in the Ex-
press. He said, finding they were likely soon to succeed
in forcing the second door, he again presented himself at the
back window, and was received with oaths by the leader of
the party, who presented his pistol with an oath, and again
demanded his money, threatening to take his life. He
asked this man if he would go away if he gave him his gold
watch, and he promised that they should ; but no sooner
had he dropped the watch into one of their hats than the
leader ordered two of the party to renew the attempt
to force the door, telling one of them with an
oath he would run a knife into him if he was long about it.
Witness demanded what further they wanted, and the
leader said they must yet have his money. Reminding
them of their broken promises, he dropped sir to ten shil-
lings into their hats. They then retired, the leader ob-
serving that they might think themselves " d--d well off."
The prisoner Jonathan Bradley, to the best of his belief,
was the leader, who twice threatened to stab his men if
they did nut "do their duty ;" and the two Middleton
were the men who broke open the back door. Ile had
a better opportunity of observing them than the others, be-
cause they both held their hats up under the window for
the watch, and also for the money, and their faces were
then turned upwards close under the window. The other
prisoners he believed also to be of the party.
The prisoners were all committed for trial at the assizes ;
but there are other charges against Bradley—one of them
being a charge of robbing a master silk-throwster of his watch
in the public road ; and another, a charge of stealing from
I a farm-house on the morning after the burglary above
described.

IRELAND.

DUBLIN, JULY 26.

' - I
Another candidate appears in the field at Limerick
to divide the liberal interest with the Earl of Arundel
and Surrey, whose chance of success, if the new comer
be in earnest, will be very small indeed. The new
comer is Captain Carleton, of Delgany, in the county
of Wicklow, who pwiesses extensive property in
Limerick, and addressed the constituency there some
time since, when it was expected that Mr. John I
O'Connell would resign. It is understood that the
nomination will be fixed for Friday next, nda the
polling for the following Monday. Bishop Ryan
will, it is said, propose Lord Arundel. Great ex- I
citement prevails, and a desperate struggle is antici-
pated. Mr. Russell's friends are sanguine of success.
The announcement has been made here this after-
noon
that an arrangement has been entered into be-
1 tween the Chester and Holyhead Company and the ,
City of Dublin Steam Pocket Company, by means of i
which persons can be booked throughout in Dublin
for London, and the principal stations on the north-
' western line, and rice rersa ; and that return tickets
for a fare and a half can be obtained, and will he 1
available, when between Dublin and London, for 14 1
days, and between Dublin and Liverpool, Manches-
ter, &c., for seven days. This arrangement is to'
take effect from the Ist of next month, when the day :
passage from London and Dublin will also be aooe-
lerated by half au hour. Altogether the new Bye- ,
tem will afford very considerable advantage and eon-
1 venience to persons in this country.
Mr. John D'Arcy, a respectable citizen of Dublin,
has accepted the offer made to him by the corpora-
tion of the office of Lord Mayor for the next year.
1 The harvest reports continue favourable, although
i some amount of injury has been inflicted on the
' grain crops by the late heavy rains. All parties are
now agreed in considering the potatoes as almost
, quite safe.
I At the last meeting of the Royal Flax Improve-
: meet Society of Ireland the secretary repo'eted that,
' on waiting again upon the Chancellor of the Exche-
quer, accompanied by Mr. Tennent, MX., to ascer-
tain if ho Would bring before the house in the, pen-
' euntaession of parliament the extension of the Laud
Improvement Act, referring to scutch-mills, &e., soli-
cited by the society, the deputation was informed
that he had decided against the request.