The Express.
London, England, 1851-08-30 00:00:00

and " Norton r. Halley," tell the ilk. tale of the
THE MORTMAIN COMMITTEE.
I protestant'. The same impartiality which dictates)
, this remark shall be our guide in laying, from time
(Pms the Daity Newry.)
!to time, before our readers the conclusions which
Ms important subject of parliamentary inquiry
appear to flow from the proceedings of theMortmain
—the law of charitable and religious endow-
Committee.
=ots—occuied the attention o committee
ofc the House of Commons during
a nearly the
whole of the last session, and bids fair to
give rise to a lengthened investigation. at the
commencement of the session of 18:12. :Sever was
there so timely an occasion for te inquiry; and
the results have been equaL Both hthe Charitable
Trusts Bill and the Ecclesiastical Titles Act must
have profited largely of the fruits of the contem-
porary labours of that Nlortmain Committee.
The former, long suspended in the House of
Lords, reached the House of Commons too late
for discussion, and its postponement until next,
session was, therefore, inevitable ; nor was it until i
the very end of the session that the Ecclesiastical
Titles Act became the law of the land. In the
meantime Mr. IIEADLAM'S committee was sedu-
lously pursuing its inquiries into the policy "of
extending the law of mortrnain, and generally of
making any alteration in the law as it affects testa-
rnentary or other dispositions in farour of religious,
charitable, or permanent objects." A volume of evi-
dence and documents on these heads was col-
lected by the Committee, which, though not
yet completed, is full of the most valu-
able and interesting matter, and such as ought,
in our judgment, to be deemed conclusive in
favour of the policy proposed as the subject of in-
quiry.
The Committee, nevertheless, closed its sessional
labours without making any report. It pleased
his Eminence the Cardinal West:ewe to carstruct
their inquiries into the Roman Catholic portion of the
ewe, so far as he was concerned, by evading under
different pretexts their invitations of his personal at-
tendance. When evasion was no longer possible, his
Eminence found it necessary to quit Caen and ap-
pear before the Committee ; but the period of
the evasion was too late to enable them to
du more than record his evidence. That evi-
dence accordingly concludes the volume.
We may observe in passing, that out of delicacy
towards one whose position was so critical, the usual
preliminary question as to the name and description
of the witness was not put to the Cardinal, and that
he is styled throughout "the Right Rev. NICHOLAS
WISES MIL" We have reason to know that the
meekness of the prelate was not proof against the
whieperings of self-love, and that, far from appre-
ciating the motives of the Committee, his Eminence
chose to interpret into a new grievance the omission
of hi. Cardinalitial title. An angry letter to the
Chairman exists to show with what real a son of the
Church will insist on these " jots and tittles" of her
law, esi far, at least, as she has given him some
interest in their maintenance. The appeal, we need
scarcely add. was unsuccessful.
It must not be inferred from what we have just
said that we abate in any degree from the conviction
formerly expressed by us, that the Roman Catholics,
altheligh deeply interested in the Mortinain enquire,
are nut snoreso than other classes of the (leysi's
subji its. On the contrary, we have ever entertained
that convieti.m, and we now rise from the perusal of
the document in question, more than ever peomaderi
of it. justice. It is very true that certain of oar
Roman Catholic countrymen, jealous, it may be, of
the intentions of a parliament which entertained and
adopted the recent enactment against Papal usurpa-
tion, ore only too happy of the opportunity offered
to them of repreaenting, in a penal and merely sec-
tarian point of view, this purely remedial measure,
designed for the common advantage. Nor do we
den) that these captious and senseless declaimers
hose wow colour fur the cavil. The mischiefs
against which it is the object of Mr. HEAD-
-1.0411.4 committee to protect us are, indeed,
almeen gammon to every ecclesiastical organisation
under the sun--or, to speak more correctly, are inci-
dent tohuman nature itself. Undue influences ut the
bed-side of the sick- practices upon weakness and old
age—supendition or fanaticism brought in aid of the
other facilities of the death-lied to the disherisun
and beggary of kindred—in themselves evils of
great magnitude, and in the n•presesion of which all
pen."' are equally concerned. become aggravated
beyond all proportion when they are employed for
the aggrandisement of one particular clam, whether
it be a Church, or whatever name it may cull itself by.
Nevertheless, it is certain that the likelihood of such
incidents is greater or less in direct proportion to the
strength and permanence of the spiritual or other
fiduciary relations of the respective parties; and
in this point of view, we are fur from denying that
such incidents are more frequent of occurrence, it at
least more likely to occur. amongst Roman Catholics
than amongst protestant'. Still such occurrences of
that nature amongst protentants are nut unknown ;
and we have very high authority for our own
opinion that the proposed legislation must apply to
all alike.
The present Vice-Chancellor of the University
of Oxford thinks "the security which is de-
sirable is, that advantage should nut be taken of
persons who may be in a state of mind in which
they are nut competent to judge of the acts which
they execute." [Plum ire, Q. 3,3811 The Arch-
bishop of BeiitiN "has known great inconveniences
occur from the difference in the law ; and is far
from paying that equally objectionable eases do
nut take place in other communions besides the Ito-
man catholic. If none have come to his knowledge
except those connected with the Roman catholic re-
ligion. that may natui ally he calculated upon from
the circumstance of their Icing so very predominant
in point of numbers." 1171erf../ce, 3235, 3263,
3266.1 Wo need not multiply examples. With the
exception of Mr. CHALK, the secretary to the Eeele-
eiast meal Commisaiuners(whopeCapitular Estates Bill
ie still rink in our nostrils), every Protestant exa-
mined hefore the committee limos given his opinion in
favour of equality before the law, for Protestant and
for Roman catholic. Mr. ensue indeed thinks
that - the Church of England requires much aid
and assistance, that it is very desirable that the
ecclesiastical commission Alma have the power to
take land—the statutes of Illortmain notwithstand-
ing—that he does nut consider it a robbery of fami-
lies. and that (assuming it to be so) he is not pre-
pared to say whether it is proper to rob families fee
the benefit of any other church." Lehelik, tl. 2632-
43.] But, as we have said, the worthy secretary is
an exception, and a singular one.
Fur otherwise is it with the Roman Catholics.
Amongst them the general rule and the particular
exceptions are altogether reversed. The feeling of
their ecclesiastics at least is represented—too accu-
rately, we fear—by Dr. Hmiotietit, of Selby,
whs.: address to the Cardinal our readers
will remember, and likewise his still more
memorable recantation. " The clergy," says that
pious and reverend, but, assuredly, most inconstant
divine, " claim a right of independent management
of temporalities without accounting to other people
—1 should say, not to anyteme,ral antharq on earth.
I could place the same confidence in a spiritual ad-
ministration as I could in a temporal one, to sae the
least of it."—( Iloyarth, Q. 276143, 2 i 78-SO.] Much
to the same effect, albeit more cautiously and less
ingenuously perhaps, does the Cardinal make an-
swer:—" As far as my experience goes I have no
reason to say that feel that distrust. Ido not
think that there is any need at the present moment
of any restriction with regard to charities. 1 think a
person is bound to make up, when be comes to die,
for disregarding the duty of charity and giving alms.
In that case it would not be undue influence un the
part of the priest to advise him to leave what was a
proper proportion of his property fur the purpose of
charity. lam not prepared to state that I should
venture to assert that trusts for charitable purposes
should be made public when there is no particular
reason to the contrary. Ido not think that any pub-
licitz is requisite." V. Wiwnian, U. 3391, 3416-17,
364 e-n. 3653, 36371
We deplore the infatuation of these members of a
Church which cannot but suffer, in its reputation at
least, by their advocacy. The records of %%estininster-1
hall give their impartial testimony to the greatness
anduniversalityofabuseswhicliCardinalWlSEMANand
his adherents would fain have us believe, in defiance of
all experience, the peculiar encumbrances of protes-
tant forms of Christianity. " Metairie r. Wiseman,"
not to enumerate other cases of the same kind, is a'
recent instance of what we have to a_pprehend from
the misuse otapiritual influence over Roman Catholic
oceacciencusi the case of " Huguenin r. Baseley,"

DULWICH COLLEGE.

An application was made some time since to his I
Grace the Archbishop of Canterbury, as visitor, or officie„l
of Dulwich College, to remedy certain grievances whicit h :
' were alleged to exist in its management, more especially wh ;
regard to the education of the poor scholars. His Grace 1
head the case argued publicly in the court at Doctors' ,
u Commons, and was misted by Mr. Justice Petition and
r Her Majesty's Advocate as assessor+. Mr. Rolt and Mr. J.
H. Palmer appeared on behalf of Mr. Luke Embleton and
Mr. Downs, the two senior wardens of St. Saviour's, South-
wark (being two of the militant+ of the College); Mr.
George Turner (the present Vice-Chancellor of England),
Mr. Cowling, and Mr. Dickenson appeared on the part of
the eol:ege. The argument occupied two days, a somewhat
eatended report of which appeared in our columns. The
ease has since been very maturely considered, and the fol-
lowing is the decree which has been made:
" John Bird, by Divine Providence Archbishop of Canter-
, bury, Primate of all England, and Metropolitan visitor of
the College_of God's gift in Dulwich, in the county of

in.ffey. - -
.. To the Master, Warden, Fellows, awl assistants of the
said college, greeting:
I " Whereas complaint having been made to us by petition
from the two senior wardens of the parish church of St.
Saviour, Southwark, in the said county of Surrey, being two
of the assistants of the said college at Dulwich, that in the
management of the school at Dulwich College aforesaid the I
intention of the founder was not fully, carried out, inasmuch
as the 12 poor scholars do nut receive such instruction as
would fit them, according to their capacities, either to be
placed out aa apprentices, or to be sent to the universities
fur the completion of a learned education, which intention
ought to be carried into effect as nearly as the altered cir-
cumstances of the times permit; now we, having taken the
matter of the said petition into our consideration, do hereby
decree and direct that the following changes shall be made
in respect of the education of the poor isholses
0 First, That further accommodation shell be provided
for the scholars, by applying for that purpose mach part of
the standing balance as was carried over at the hot unlit In
respect of the lapsed shares of surplus revenue, or as swath
of the same as shall be required.
" That in all future distributions of the surplus revenue
a due proportion be reserved for the benefit of the poor
scholars.
" That in regard to their education and preferment, all
the boys shall receive instruction in reading, writing, arith-1
metie, and the Latin grammar, as heretofore, indiscrimi-
nately, until they attain the age of 1 i years, and that such
of the boys as shall not be kept in college under the regula-
tion neat mentioned shall be put out as apprentices at that
age.
That a portion of the boys, to be selected by the master,
warden, and fellows on account of their talent or applica-
tion, and not exceeding at any one time four in number,
shall be allowed to remain in the college until the age of 15
or 1G years, and during such extended period of their resi-
dence is the college shall receive, in addition to the educa-
tion in the college school, such instruction as shall be consi-
dered most beneficial, with a view to their being placed la
higher positions of society (that is to say), instructions is
surveying, chemistry, civil engineering, or any of the ap-
plied sciences, according to their respective capacities, sod
that they be put out accordingly se soon as opportunity
shall offer, not later than the age of 16 years, except la
any particular coo where superior talent and other circum-
stances may appear to render it probable that the into-
rest of the individual would tie better consulted by a dark-
cal education until the age of 18 years, and by his being
then scat to the University.
"That such extended instruction be afforded at the ex-
pense of the college, either by the attendance of professor
or other extra teachers at the college, or by arrangements
fur the attendance of the boys, while resident in the college,
at some practical educational establishment, such as King's
College or the London University, and that all expenses at-
tentlaut thereon be considered as expenditure on account of
the poor scholars.
'That suitable allowances (either annually or in gross)
be made to the boys, by way of preferment, at their depar-
ture from the college, as well as those put out apprenticeala
those otherwise put forth or seat to the University ; regard
being had to the nature of the respective occupations and
positions, and to the extent of bent fit to which the poor
0.11011111, =members of the corporation, are entitled out of
the surplus revenue ; and we do direct that the scale
of such allowances be submitted to us as visitor aforesaid,
as soon as the working of this scheme shall enable you,
the said master, warden, and fellows, so to do.
" And we do hereby further decree and direct that the
costs and expenses on both sides attending this matter be
paid out of the funds of the said college.
.` And we do likewise hereby direct you and every of you
to register or eau= to he registered, this our decree in the
book wherein the acts of your said college are registered,
anal that you carefully place this our original decree among
the archives of the said collect,.
" In witness whereof we have caused our archiepiscopal
seal to be sated to these presents. (liven at our palace at
Lambeth, the 11th day of August, in the, year of Our
Lord, VIM, and in the fourth year of our translation.
" bi. D. (L. a.) CANTUAR."

MUSIC.