The Sun.
London, England, 1852-02-06 00:00:00

FRIDAY

I need not say it would not be safe for me to sign it
here.

I remain, Sir, your obedient servant,
London, Feb. 3. A. B.

THE MARCHIONESS OF BATH AND
THE, VICARAGE OF FROME.

TO THE EDITOR OF THE SUN.

Sin,—Although various conTaments have been pub-
lished on this subject, it has not yet been made ma-
nifest in what capacity the Marchioness of Bath has
exercised the right of presentation ; and as the subject
is one of great interest, not only to the parishioners
of Frome, but to every other Protestant community
in the realm, perhaps you will afford the following
remarks a place in your valuable journal. First, it
was alleged that the Marchioness made the appoint-
ment as her son's guardian, subsequently, it was al-
leged, as trustee, and ultimately, it was insinuated,
as owner of the advowson. Now, Sir, if it be main-
tained that it was made as " guardian," it may be
observed that " a guardian cannot present to a vacant
living in right of the infant heir (Co. Litt. b. 29, Ed.
111. c. 5, and 3, Inst. 156) ; but " this must be done
by himself." (1, Inst. 89, a, Shapland v. Ryols, bro.
Jac. 98 ; and Hearle v. Green, 3 Atkyn's Chancery,
Repts. p. 710.)—1f as trustee, it is almost unneces-
sary to observe, that there are few cases which come
before the Courts that involve points of greater legal
nicety than those relative to the duties and powers
of trustees; and this case, perhaps, there may have
been either misconception or ill advice.—lf as owner
of the advowson, it will naturally excite astonish-
ment, as we find that the Longleat Estate was not
broughtinto the family by the Marchioness of Batb ;
our records inform us, that it has been in possession
of the noble house of Thynne for upwards of two
centuries, having been purchased of Sir Thomas Vava-
sour, by Sir Thomas Thynne, A.D., 1609; and that
the right of
presentation of the vicarage of the
Church of Frome (which, it may be observed, was
vested in the crown from the time of the dissolution
of the Abbey of Cirencester, 31, Henry Bth, of which
it was anciently a possession, until the reign
of James Ist), was granted by letters patent
to Sir Thomas Thynne; and this right of pre-
sentation it is considered has been exercised
without interruption by the right heirs of the said Sir
Thomas Thynne, from the reign of King James until
the present time. Dispositions of the estate may
have been occasionally made by family settlements
and testamentary instruments, but whether such dis-
position be of sufficient force to oust the present heir
of a right conferred by Royal Grant, is a question
wortby of grave consideration, not only as regards
Frome, but many other lay presentations still extant,
more particularly those of infant heirs.
It appears, however, that the Bishop of Bath and
Wells
has expressed his intention to institute Mr.
Bennett, declaring himself satisfied that the Reverend
Gentleman is attached "to all the doctrines of the
Church of England, repudiating all Romish doctrines."
Now, Sir, I perceive by the respectful and dignified
remonstrance addressed to the Bishop, by the clergy
and laity of Frome, that amongst other objectionable
passages to be found in Mr. Bennett's writings is the
following :—" All ideas of the Bible, and the dispens-
ing of the Bible, as in itself a means of propagating
Christianity, are a fiction and an absurdity?' Surely,
Sir, it may be fearlessly asserted that language similar
to that just cited has not been enunciated even by
any Roman ecclesiastic, since the days of the Council
of Trent, when " the Bible was called by one Popish
prelate, Atramentum mortuun?; dead ink ; another
said, Scripture est res inanimis et mute,' a dumb
inanimate thing ; and a thirdimpiously mentioned
the sacred volume as nigrum E yangehum; the black
Gospel. (Ludovicus in Concilio Tridentino.) See
Bishop Jewell's Apologia. E cclesim Aglicanm."
Isaacson's edit. Surely, Sir, it might have been
reasonably expected by a Christian community, that
the bishop would have exacted some public renuncia-
tions of the above-cited sentiments, ere he deemed
their author wortby of his sacred approval—that after
having read and given his best attention to the
memorial, he would have required some disavowal,
however slight, of such pernicious principles,
and regret for the promulgation and diffusion
thereof, ere he assured the memorialists he was
" fully satisfied that Mr. Bennett has a firm
attachment to all the doctrines of the Church
of England, repudiating all R omish doctrines." As-
suming, Sir, that the Marchioness of Bath is entitled
.
to this presentation, it is hoped that her Ladyship
will reconsider her appointment ; and this hope is
induced by the fact, that the Noble Marchioness
stated in reply to the address presented by the clergy
and laity of Frome that she received with sincere
regret the communication. It is true that in the
reply it was added, " it cannot be revoked," never-
theless it may be satisfactory to her Ladyship to
learn that a presentation may be varied or revoked.
" There is no doubt," said Chief Justice de Grey,
" but that by our law a lay patron may revoke his
presentation at any time." (See " Rogers agst. Holled
and ors ," 2 Wm. Bla , 1.040.) Even the Canon
Law allows the patron to vary the presentation,
(Lyndw. c. 3, t. vi., p. 138.) But by the common
law of England it is expressly held that the patron
may revoke. (Latch's Repts., 192.)
Belgravia. A PROTESTANT.
P.S.—lt now appears that Mr. Bennet has been
inducted; that circumstance, however, does not
affect the question to which this lamentable case has
given rise, for, if a presentation be originally erro-
neous, induction and institution does not cure the
error. The vicar must show a good title to the heir
when he becomes of full age, and to any other person
of whom he may claim tithes, fees, &c. &c.

LONDON and COUNTY BANKING

COMPANY. .
The usual
company
preliminaries,dpie
half-yearly general meeting of the pro-
prietorswas held yesterday, at the Lon-
don Y , Esq,,
q., M.P., in the chair.
The SECRETARY read the report, which stated that
After
ot f
Tavern;hethisusual
j.
s a
r
the net profit of the bank for the half-year ending 1851,
amounted to. 13,101/. 14s. 9d. The directors recom-
mended a dividend of 6 per cent. per annum for the
half-year ending 31st December, 1851, and a bonus of
1/. per cent., both free of income-tax, should be de-
clared, which would leave 2,2304 Is. 3d. to be carried to
the guarantee fund, Which would thereby be increased
to 38,4871. 2s. 4d. During last autumn the company
had made an acquisition of the business of the Berks
Union Banking Corapan..,
y and their respective branches,
from which considerable benefit might be anticipated to
the establishment. The directors had been induced, at
the instance of many respectable inhabitants of the
locality, to establish a branch at Paddington, and they
had thought it judicioas to close six minor branches.
The CHAIRDIAN, in moving the adoption of the report,
said that the statement, which the meeting had Just
heard, proved that the institution was in a state of pro-
gressive prosperity. The bank at the close of the year
was in a sound and satisfactory state. He attributed the
success of the company to the probity and judgment of
the directors, as we
--n
as to the efficiency of the officers.
J. G GitIFFI7, Esq., seconded the motion, which,
after some discussion, was agreed to, and thanks being
voted to the Chairman, the meeting closed.

MORTALITY
of Uncertain
OF DEATHS
,„-- FROM ALL CAUSES REGISTERED 111
THE WEEK "'.ING SATURDAY, JAN. 31, 1552.
Epidemic, Endemic, and
in the METROPOLIS.
Contagious Diseases ...*215
Diseases Seat ... ... ••• "' 39
Tubercular Diseases ...
...
...
..,, ... 169
Diseases of the Brain, Nerves, and Senses.'.. ... 105
Diseases of the Heart and Blood-vessels ••• ••• 35
nce
Respiration ••• ...
... ... ... ••• 176
Diseases of the Stomach, Liver, and other Organs
of Digestion...
..
••• .• "
••• ",
Diseases of the Lungs, and other Organs of
Diseases of the Kidneys, &c. •„, ••••
Childbirth, Diseases of the Uterus, &a. ...
Diseases of the Joints, Bones, and Muscles
Diseases of the Skin, &O. ..• ••• "•
Malformations...
• ••• ••• •••
Premature Birth ... ... •• ••• ••• 24
Atrophy ••• ••• 31
••• ••• ••• •••
Old Age
••• ••• ••• ••• ••• ••• 46
Sudden ...
••• ... ... ••• ••• .. 3
Violence, Privation Cold and Intemperance ... 16
ifiCauses not spee d ' es. ••• ••• ••• ••• •.• 13

... 12
... 10
... 7
... 5

1
DEATIIS FROM ILL CAu...8..E.: 9 —17429
40 2e7
Deaths 1n eon's- Deaths
Population
West Districts... sponding week
in
of 1851. Week.
ECNaeonsrtttrha Central
Districtsl iisitSr rei t
434
899 3:
523
259
266 •
. . 188 .. . 221
214 .. . 199
South Districts.. 616,635 ... 318 .. . 275

Totals... •....2,362,236 ••• 1,041 ... 1,002
Males ••• ••• ••• ••• 501
•••
Females ... ••• ••• ••• 501

BIRTHS IN THE WEEK.
Males ••• ••• ••• ••• 822
Females ***
iii• Ill• ... •t• ••• 794

Total ...1,616
*ln this number are included 27 by Scarlatina, 36
by Typhus Foyer, 13 by Diarrhoea, and 2 by Cholera.

ItahteeSHIPPING DISASTERS ON THE WELSH COAST.—The
5,130E1
eyere gales have been productive of serious disasters to
of I'g on the coast of W variousales, and the various harbours
forrse shipping
have been crowded with vessels which have put in
' elter, having sustained more or less damage. At Thorn
Island, at the entrance of Milford Haven, the George and
Francis ( hiorton, master), of and from Chepstow to Dublin,
was totally lost, the crew taking to the boat and barely
escaping with life. The wreck did not escape the plundering
propensities of some persons, who stole a quantity of the
materials. The haven - has been crowded with vessels, as
likewise have the roads at Penarth. Several vessels received
damage at the Mumbles.
The Southern Whale Fishery Company have re-
ceived intelligence from their agent at Sydney, that one of
their vessels, the Earl of Hardwicke, had beanedn sispoakboenutin2lsoa-
litit:daew3ick4 deewg.o built
south andfor longitude 159
pl4os9ndeg. 40 min. east,
bound to the Auckland Islands, " a full ship." The Earl of
tons, old aleaquargentt
1