The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-06-14 00:00:00

VICE-CHANCELLORS' COURTS, FRIDAY, JUNE 10,

(Before Sir L. SHADIVELL.)
ATTORNEY-GENERAL V. GLADSTONE.
This case came again before the Court to-day by arrange-
ment. The information is filed at the relation of several
Roman Catholic priests residing in and near London, to ob-
tain the benefit of a bequest contained in the will of the late
Mr. Blundell of a sum of £15,000 to be applied for the use of
Roman Catholic priests in and near London, at the discre-
tion of the Rev. Mr. Robinson' a Roman Catholic priest, at
Liverpool, who was dead at the date of the testator's decease.
Mr. Bethell, who appeared with Mr. Campbell in support
of the information, expressed his astonishment that any ques-
tion should be now raised upon the construction of the lan-
guage and the charitable character of the bequest by the Rev.
Dr. Walsh, who had in express terms by his answer admitted
that it was a charitable legacy, and as it had been already
carried over by an order of the Court to an account to be en-

titled " The Roman Catholic Priests', in and near London,
Legacy Account." The learned counsel directed the atten-
tion of the Court to a Roman Catholic periodical, in which,
it was understood, Dr. Walsh was represented as filling the
office of Vicar-Apostolic of some portion of the Roman
Catholic Church, and said it was difficult to understand what
kind of mental reservation was exercised by the right rev.
gentleman who sustained this high dignity in the Romish
church, when he first admitted solemnly and deliberately by
his answer, that the gift was a charity for the benefit of his
clerical brethren, and afterwards set up a claim to the fund
for his own personal benefit as residuary legatee. The ad-
mission, however, it was contended, precluded him from
taking the objection now at the bar to a reference to the
Master to approve of a scheme ; and the Court having
directed, in the suit for the administration of the testator's
estate, with Dr. Walsh's concurrence, that a fund should be
set apart for the purpose of the charity, would not now suffer
the opinion it had given upon the charitable nature of the
bequest to be disturbed. The learned counsel nevertheless
submitted, that if the question of the bequest being a charity
were still open, the Court could entertain no doubt that the
gift was charitable, inasmuch as it was not a gift to the par-
ticular persons, but for the benefit of the office they sus-
tained, and that since the Roman Catholic Emancipation

Act, there was nothing legally to deprive a Roman Catholic
priest of the benefits of a bequest for the purpose of the
church on the ground of a superstitious use, but that the
same law which was applied to a dissenting minister before

the statute was applicable to a Roman Catholic now.
Mr. Purvis and Mr. Bagshawe appeared for Dr. Walsh,
and repelled the insinuation that any motives of personal
benefit had induced him now to ask the opinion of the court
upon the construction of the bequest; and that it was uni-
versally known that if the court should determine the gift
to be void, and it fell into the residue, Dr. Walsh would not
apply it to his own use, but appropriate it to the best of his
judgment according to the intention of the testator. It was,

in fact, nothing but a desire to carry out those objects with
as little expense as possible that induced him to submit the
question to the judgment of the court. The publication
which had been shown to the court would convey an idea of
the number of persons of various descriptions and classes
that might set up claims to the benefits of the fund. There
were Roman Catholic priests officiating and not officiating in
and near London. The expression in" and near " might
_ _

9 I
mein anything or nothing ; it might be held by some to in-
clude Westminster and Southwark, by others, to extend to
the limits of the post, by others to be confined to one county,
and by others to embrace several ; and it was therefore at
once to have the judgment of the court on the matter, and
prevent an endless controversy, that the present course had
been taken. Dr. Walsh was not precluded from raising the
question by anything that had taken place. The information
was filed, and had the sanction of the Attorney-General,
long before the fund was carried over in the other suit, and
it was a matter of arrangement and understanding with all
parties that the opinion of the court should be taken upon
the question which was to be raised by the information. Dr.
Walsh, therefore, had merely admitted the case stated on the
information, and not upon his oath; and it was for the court
to determine whether the gift was void for uncertainty, or
whether it was intended for the benefit of Roman Catholic
priests living at the death of the testator, and whether they
must be resident and officiating in and near London, or whe-
ther the legacy had not altogether become lapsed by reason
of Mr. Robinson having predeceased the testator.
The Vice-Chancellor said, looking at the language of the
will, he was of opinion the legacy was given for the benefit of
persons who either now or at any time hereafter might happen
to bear the character of Roman Catholic priests in and near
London._ No objection arose with regard to the indefinite

nature of the words "in and :near Condon," because if it
were determined that what was given was clearly a charity,
the court would solve the difficulty with regard to its appli-
cation by directing a scheme to be approved by the master.
The language of the will was, •‘ I give and bequeath out of
my personal estate the following legacies :—To the Right
Rev. Dr. Walsh, of Wolverhampton, the sum of £5OOO, to
be by him applied for the purposes of Oscott College, Staf-
fordshire ; to the Rev. T. Robinson, of Seel-street, Liver- ,
iti
non
teHha
thing.
oetehhnreiuntdosf
ggeof
the.
question
Hertfordshire." ssoeAhtsf:
eifoetrt
bequests
yre.
pool, £4OOO, to be applied for the use of Downside College,
in Somersetshire. To the said Thomas Robinson, the fur-
ther'
these
he
er Tsmehfeo,
four
expression
bcollegeeg u
e s s
con-
templated sum of £lOOO, to be by him applied to the use of Old
aRr
arose
sme aoe,
,xeTe
Catholicpot
t thehe
sai first)d
uni-
formly
was Hall-green t made abde eapCollege,p usel
ieod
esta-
blishmentsfol-
lowed
that a
upon
endurableonwhichmentioned
The
priests
same
language
is
L
Thomas Robinson the further sum of £l5OOO, to be by him
appliedon doot:o
at
thet hi s use
absoluteo f Rdoims
carne t
iCo
na Catholic l i c
here used as had just before been employed with respect to
the legacies given to the colleges, and there was nothing at all
in the words " for the use of the Roman Catholic
Priests " which showed more an intention to confine the
benefit of the bequest to those Roman Catholic priests who
might happen to be living at the testator's death, or the
death of Mr. Robinson, than to those Roman Catholic priests
who might come into esse after the death of the testator, and
before the death of Mr. Robinson, or at any time after the
death of both ; knowing, moreover, as much as they all did
of the Roman Catholic church, it might be supposed of her,
as well as of the Protestant church, that as long as the world
endured, there would be Roman Catholics in every place,
and the words of the testator, in his honour's opinion, must,
a • cular
nd near London as a party, any p rti
in a and not to
therefore, be construed as applying to Roman Catholic priests
So that the legacy in question was preceded by
persons. The next gift in the will was to a Roman Catholic
chapel.
be-
quests for purposes that must endure, and succeeded by one
of the same nature. And in a subsequent part of the will,
t
where the testa
age
tor meant to give a personal legacy, he made
language. Therefore, as the testator,
use of entirely different l
-
when be intended to give a benefit personally, had distinctly
marked it out, and included the present legacy among a num-
ber of bequests for the benefit of what was endurable, his
the benefit of
was of opinion the £15,000 was a legacyty
happen to fill the
persons who now, or hereafter, mi. he .
honour, on the best consideration he coulfcolrgive the matter,
character of Roman Catholic priests in and near London ;
and that the matter must be referred to the master to settle
a scheme for the administration of the charity accordingly.
[lt was mentioned in court on Saturday that an important
change had taken place in the aspect of the cause, by the
. birth of a second son to Cardinal Weld.]

The following appointments have taken place :
The Rev. George Archdall, D.D„ Master of Emmanuel
College, and Vice-Chancellor of this University, to a Canonry
of the Cathedral Church of Norwich.
The Rev. John Horner, M.A., formerly Fellow of Clare-
hall, Rector of Mells, Somersetshire, to a Prebendal Stall in
the Cathedral Church of Wells.
The Rev. T. Mosley, of Trinity College, Curate of Trinity
Church, Ipswich, to the living of Rotherham, in Yorkshire.
The Rev. John Fairfax Franklin, M.A., formerly Fellow
of Clare-hall, and Perpetual Curate of New Buckenham,
Nortolk, to the Rectory of West Newton, in that county.
The Rev. W. S. Salman, M.A., of St. John's College, and
Perpetual Curate of Shire Oaks, to the Vicarage of Elmton,
Derbyshire, vacant by the death of the Rev. F. Foxlowe.

ORDINATIONS TO BE HOLDEN.
Sunday, June 19.—Bishop of Chichester, at Chichester.
Sunday, July 10.—Bishop of Winchster, at Farnham.
Sunday, July 10.—Bishop of Durham, at Durham.
Sunday, July 10.—Bishop of Worcester, at Worcester.
Sunday, July 31.—Bishop of Ripon, at Ripon.
Sunday, August 7.—Bishop of Norwich, at Norwich.
Snnday, September 25.—Bishop of Salisbury, at Salisbury
Sunday, September 25.—Bishop of Lincoln, at Lincoln.
Sunday, December 18.—Bishop of Oxford, at Oxford.

THE BISHOP OF JERUSALEM

(From the Morning Herald.)
The triumph of the British arms on ,the coast of Syria,
whilst it confounded the projects of the French revolution-
ary party, carried dismay into the hearts of those whose re-
ligious interests in that country were bound up with the
fortunes of the tri-coloured flag ; and thus it was that our
ships of war, whilst sailing along the coast, beheld that flag
hoisted, as in defiance, from the wall of every convent of the
Latin church. They were impotent to resist us, but they
could not repress this ebullition of hostility and hatred.
The war ended, what were our political and religious ene-
mies then to do? Were their original projects to be re-
nounced and blasted ? And were they tamely to look on,
whilst the Protestant Sovereigns of the league, which had
saved Turkey from destruction, anxiously betook themselves
to the discharge of a long-neglected duty ? These Sovereigns
felt deeply the reproach that, whilst the Holy City abounded
in splendid and pompous instances of the worship of corrupt
Christian churches, not one edifice had been suffered, not
even attempted, to be raised, where the pure truths of the
Gospel could be proclaimed to the faithful followers of the
Redeemer, whom those Sovereigns were bound to protect in
the exercise of their religion ; and hence arose the project
desired by his Prussian-Majesty, and earnestly supported by
the British Government, for establishing a bishopric of the
Anglican church at Jerusalem ; and it was equally an act of
sound worldly policy, and of religious duty, which England
performed, in affording her fullest countenance and support
to the establishment of an Anglican prelacy in that city, in
whose fate, be it in whatever hands, the hearts of the Chris-
tian will ever be bound up by the strongest ties, and in
whose destinies some of the dearest, and holiest of his hopes
are involved.
It is plain that these things have made the most profound
impression upon our inveterate political and religious foes.
In the field of war they could not meet us ; but one re-
mained opened to them, and closed to us ; and thence they
have incessantly and earnestlycarried on an hostility entirely
their own ; they have had recourse to falsehood and fabrica-
tion, with so merciless an industry, that it might be supposed
to have nearly exhausted itself, but they are actually now
giving a new currency to lies which were exploded some two
or three months ago. The Jesuit party at Paris appears
from recent accounts to be the chief actors in this most
active conspiracy, for it is one which has ever shown itself
to be " Grwcis mendacior ipsis." The splendid entry of the
bishop into Jerusalem, under the protection of British au-
thority, and the marked sanction and countenance of the
supreme local government, at once controverted the predic-
tions of his disgrace and rejection which had abounded in
Paris and Jerusalem, and it proved the decided influence of
the British government. No one could dream of a Mussul-
man's interest in a success, in which neither his feelings or
faith could, to say the least, partake. The lies, therefore, to
be useful, must be anti-British and anti-Protestant; and
thus it is that we were first assured, " inter alia," that the
bishop was subject to gross insults, and pelted in the streets
of Jerusalem, whilst preaching in the open air; and now we
hear that the American Protestant missionaries are driven
out of Syria by persecution, that an Albanian soldier, has
publicly attempted the life of Colonel Rose, the consul-gene.
ral, and has remained undetected and unpunished by hi
superiors ; and as
" The reptile's at his dirty work again."

but, as it appears, with somewhat exhausted imagination,
the lapidation-be is revived, and we are assured that Bishot

Alexander " walks the streets of Jerusalem under a showir

of stones ;" and in order to freshen up the falsehood, a new
motive for the old outrage is assigned : they say that " the
inhabitants of Palestine are shocked at the sight of a bishop
having a wife under his arm."
e took the trouble a few days since to show, that, of all
the various classes of these inhabitants, the European Ro-
manist alone would be so scandalised ; and the fabrication
lies necessarily at his door. But the Americans are uninter-
rupted; but Colonel Rose has not been shot at ; but Bishop
Alexander has not been stoned.; had he been, we know to-
lerably well at whose feet " the witnesses would have laid
down their clothes." We then cited the authorities of re-
cent date, on which we gave the contradiction to such asser-
tions ; but we can now state that Bishop Alexander, advert-
ing to the strange and fabricated reports, which he had just
learned to have been circulated in Europe respecting himself
and his mission, tells his friends, in a letter of the 12th May,
that there " is not a shadow of truth in the allegations ; that
he has never preached in the open air, and that hitherto he
has experienced nothing but respect and kindness ;"—that
they are " going on regularly, pursuing their course of duty;
and that he must say that they have everything to encourage
them."
We learn from indisputable authority in Syria, that the
project devised antinst the bishop was, to terrify him into
bolting—to use that familiar but expressive word—to cause
him to abdicate under insult and alarm, and to shame our
state and church with his flight.

THE OXFORD AND CAMBRIDGE BOAT-RACE.—This
much looked for contest came off on the Thames on Saturday.
Mr. E. Searle started the gentlemen at 17 minutes to 4.
They both caught the signal at the same moment, and after
half a dozen strokes on both sides, the boats dashed through
the water as evenly as we ever remember to have seen a start
Off the Speaker's House the Cambridge crew had drawn the
head of their boat about a foot in advance of their opponents,
and facing the Horseferry increased it about two more.
At Chandler's (the Ship) the Oxfords boat-head was as near
as possible on a level with their adversaries main thwart,
but on the discharge of some cannon the Oxonion at the
moment picked up their boat as though it had suddenly been
propelled by the wadding, and went up to their adversaries.
For about a quarter of a minute they were oar and oar, and
then the Oxonians gradually gained on their adversaries
passing through Vauxhall-bridge a length and a half in ad-
vance. Five minutes after the start, off where the Spread
Eagle used to stand, the Cantabs brought their boat up
within a yard of their opponents stern' and made as it were
to dash inside of them, but could not succeed in getting any
nearer, three or four powerful strokes on the part of the
Oxonians taking her further away. At the Red-house the
Oxonians were about three lengths a-head, and at Ruttersea-
br dge a trflle more (17 minutes from the time of starting).
In Wandsworth-reach the race was renewed with fresh vigour
but despite the most powerful efforts on the part of the
Cantabs, the Oxonians won by about three lengths. The
time in which the distance was rowed was thirty minutes
ten seconds. The winners and losers were both greeted
with loud and deafening cheers.