The Sun.
London, England, 1858-04-29 00:00:00

anything of provincial life can testify, of decora-
ting the fabric of their churches. Church-revival
is a great fact—architecturally, at all events, if not
spiritually. Rational people will be well disposed
to agree with Mr. Walpole, that the time has come
when the jealousy of the law should no longer be
allowed to interfere with this particular develop-
ment of pious munificence. There can be no well-
grounded objection' to repeal so much of the Mort-
main Acts as may now operate to preclude parties
from making voluntary provision for the repair of
the church fabric. If compulsory rating were
abolished, andtheartificial restrictions upon private
munificence removed, doesany one seriously believe
that the least difficulty would be experienced in
maintaining our churches in efficient repair ? The
more probable result would he, that if the matter
were left to individual exertion, thousmcls would
be readily contributed where hundreds are now
with difficulty raised. A compulsory rate is prac-
tically incompatible with free-will offerings. Where
men must pay, they won't give. LA it ones bi
understood that the maintenance of church fabrics
was left to the voluntary liberality of churchmen,
with sio legal impediment to its free exercise, and
no candid person can for a moment doubt as to the
result.
There are those who profess their inability to un-
derstand " how we can have a National Church
establishment without some provision (i. e., com-
pulsory provision) for the repair of places of wor-
ship." The -difficul:y hardly deserves a serious
solution. We must have such a Church E,tablish-
ment as is practiCally possible, not such as is
logically and theoretically complete. In numbers
of parishes at the present day no rate can, or ever
again will, be levied for the repair of places of wor-
ship. In every point, except being repaired by rate,
those places of worship belong to the National
Church Establishment. Does the circumstance that
they are not repaired by rate prevent them from
being national 7 Surely the great end of a National
Church is to promote in the nation that spirit of
peace and goodwill which is the essence of the gospel
teaching., If the compulsory levy of a rate for the
repair of those fabrics, which could be otherwise
maintained, is hostile, nay, is fatal, to this spirit,
does not the argument derived from the notion of
a National Church wholly fail ? Which is it most
desirable to keep up, the logical consistency iof
ideas, or the practical harmony of facts ; to be con-
sequential and quarrelsome, or inconsequential and
free from strife ; to set our Christianity above our
raitaphysics, or our metaphysics above onr Chris-
tianity 7 Church-rates may, or may not, be essen-
tial to the logical notion of a National Establish-
ment ; but we all know that the attempt to enforce
them on conscientious objectors is grossly inconsis-
tent with the spiritual notion of a Christian
Church. _ _

It has also been represented as unreasonable to I
uphold a provision for the payment of the clergy,
and to have none for the maintenance of the
churches. This argument is, of course, not in-
tended for those who, as advocates of the volun-
tary principle, object to all compulsory payments
either for clergy maintenance or church repair. It
is meant for those who, acquiescing in Tithes, ob-
ject to Church-rates. Even with this"class it can
have no weight. The mere fact that Tithes, as now
settled, are not made the subjects of general pro-
test, and that Church-rates are, creates a suffi-
ciently wide practical difference between the two
cases. But it does not rest there. Much may be
said in favour of Tithes regarded only as a national
provision for a national clergy, which cannot be
urged with any truth in favour of Church-rates.
It is well that the teacher should not depend too
entirely upon those whom he teaches for the means
of subsistence. Subseriiency, oratorical display,
the unceasing necessity of finding new sources of
excitement, are amen the objectionable results
of a system which makes the' pay of the ,preacher
depend on his popularity.. The system of a State
provision for the clergy, has many faults of
its own, but it avoids these. There is mueU to
be said on both sides. If the thing were to do
again from .the beginning it would,' no doubt,
be differently done ; as it is there, is no serious
desire in any quarter to alter or re-adjust the last
settlement of the Tithe question.' But na one con-
-1 tends that the compulsory system of supporting
Church fabrics has any iuherent fitness in it in com-
parison to the voluntary system. And besides it is,
+ at the: present moment, it long has been, and, as
it lasts, will manifestly continue to be, a fertile
source of disquietude, vexation, and strife. Is it
wise, is it Christian, is is the part of,:a prudent
Churchmau or an enlightened statesman to per-
petuate
som e 3
this:, bitternessoo o a,yr,
a andw hioilhl - ftehee v
l inogl.u'for t
voluntary
the sake
of .
of Churchmen is abundantly competent to
supply

L 4TV INTELLIGENCE.-April 28.

COURT OF CHANCERY.

(Before the Lord Chancellor and the Lords Justices
of Appeal.)
VINEY V. CHAPLET.

This part-heard appeal from a decision of Vice-
Chancellor Kindersley was this morning resumed.
The facts of the case were that the defendant, John
Chaplin, was the mortgagee in fee, with power of
sale, of four m9ssulges--7viz., No. 2,3, 4, and 5,
Darnley-road, Gravesend, as sole acting executor
of the will of the late Alderman Harmer. By a
contract iu writing, dated the 15th of Oct., 1857,
and duly signed by the defendant and endorsed on
certain printed particulars and conditions of sale,
the defendant agreed to sell the in-ssuages in ques-
tion in fee to the plaintiff, James Viney, for 9001.,
subject to the conditions of sale. By the third con-
dition the purchase money was to. be paid to the
vendor, at the office of Mr. Steele, No. 1, Lincoln's-
inn-fields, on or before the 11th of November,
1857. The abstract of title was delivered in duo
course, certain arrangements were made relative to
an outstanding _judgment, the plaintiff aceep'ed
the title, and on the 24th of December, 1857,
the conveyance was sent to Adam R. Steele, the
defendant's solicitor, for approval. The convey-
ance was approved, and returned, and after some
little delay, in consequence of the closing of the
stocks in which-the purchase money.was invested,
the engro=sments were sent to the def,eadatit's soli-
citor. Oa the 23th of Dee., 1857, Messrs. Temple
and Windsor, the plaintiff's solicitors, by letter to
the defend:tueri solicitor, intimated that they would
b, obliged by his procuring the alendance of the
defendant at the completion of the purchase. The
defendant's solicitor declined to allow him (the de-
fendant) to execute the conveyance in the plaintiff's
r'ipeliin' EssY execution
a letter
stating
presence, and at the same time intinated that ho
intended bringing an action for the purchase money,
s-intimation
that
he h a
Icing. Obtained a ccoi n
Cthlia
of the deeds. This produced a remonstrance, re-
quiring not only that thedefendant should execute
the deeds in the presence of the phintiff and his
solicitor, but that the purchase money should be
then actually paid to him personally. In. answer
to this letter Steele stated that they were not en-
titled to what they asked, and the plaintiff's solici-
tors offered to refer the points to arbitration ; but
the threatened action was brought iu the Exche-
quer for the purchase money, and the plaintiff
served with process in the usual way. On the 4th
of Jannary, 1858, the plaintiff and his solicitor at-
t( nded at the office of Mr. Steele, and an account
of the purchase money, interest, and costs, amount-
ing to HU Ss., was hsnded to them ; but the de-
fendant not being in aqendance, they left. They
then proceeded to the residence of the defendant,
but not being able to see him, left a message in
writing, stating that they had come to tender him
the 9651. 55., which they had brought with them.
They again called on the following day with the
same object ; bet the defendant, although at home
as alleged, refused to see them, stating by a message
that his solicitor had the conveyances executed, aed
would deliver them upon payment of the purchase
money, or to that effect. On Jan. 8, 1858, the
plaintiff Viuey wrote to the de f
endant-requesting
. that he would meet Lim, as he preferred • paying the
purchase money to him personally, but this letter
was returned unopened. A correspondence then
took place between the solicitors, and plaintiff was
obliged to plead -to the action, and subsequently
in•tituted the present suit for specific performance,
and per mmance,
and for an injunction to restrain the action, mak-
ing Mr. Steele, the defendant's solicitor, a defen-
dant. The Vice-Chancellor granted an injunction
and the matter was then brought before this Court
by appeal during the sittings after last term. On
that occasion, by arrangement, the purchase was
complet6d, andihe purchase money paid to. Mr.
Steele, and the appeal motion converted into the
aring of the cause, with a view of final!ar deciding
which of the patties was in the right, or, in other
words, which of them is to pay the costs, now
amonnting to a considerable sum.
Mr. Glasse and Mr. Druce, for the plaintiff, con-
tended as a general- rule that a purchaser had a
right to see his vendor sign the -conveyance, and
also to pay the purchase money to him personally.
In th 6 present case, a fortiori, Mr. Viney was enti-
tled to ask Mr. Chaplin to receive the money him-
self, as he had sold the property in his character of
trustee under Mr.' Hatmer's will.
Sir lit Bothell, Mr. Badly, and Mr. G. L. Rus
urd that the
sell, for the defendant appealing, G.
practice of paying the purchase money to the soli-
citor of the vendor was a very common and most
convenient one: There might be several vendors
residing- in difftirent parts of the world, and to
compel them all to be present at the time the pur-
chase money was paid would be attended with the
greatest inconvenience. The same observations
applied to file execution of the conveyance. In the
present case Mr. Chaplin had, to the knowledge of