Bishop Burnet's History of the Re

formation.

Ditto, abridged.
Strype's Annals.

Memorials.

Lives of Cranmer, &c.

Lewis's Life of Wicliff, with additions.
Pocock.

Dupin's Ecclesiastical History.
Dupin's Canon of Scripture.
Soames's History of the Reformation.

Cotelerii Patres Apostolici.
Archbishop Wake's Apostolic Fathers.
Burton's Ante-Nicene Fathers.
Bishop Bull's Works.

Bishop Stillingfleet's Works.

Bishop Hall's Works.
Bishop J. Taylor's Works.
Bishop Beveridge's Works.
Bishop Horne's Works.
Archbishop Secker's Works.
Barrow's Works.
Leslie's Works.

Waterland's Works.

Scott's Works.

Jackson's Works.

Baxter's Practical Works.

Bishop Wilson's Works.

Duty of Man.

Mede's Works.

Dr. H. More's Theological Works.
Horberry's Works.

Archbishop Tillotson's Sermons.
Archbishop Sharpe's Sermons.

Dying.

Hele's Devotions.

Walton's Lives.

Herbert's Country Parson and Poems. Bishop Andrews' Preces Privatæ.

The Christian Year.

Holy Devotions.

Mr. Justice Bailey delivered the judgment of the Court.

This was an action for dilapidations by the successor against the executor of the deceased rector; and the question was, by what rule the dilapidations, as to the rectory house, buildings, and chancel, were to be estimated? Three rules were proposed for our consideration. First, that the predecessor ought to have left the premises in good and substantial repair, the painting, papering, and white-washing being in proper and decent condition for the immediate occupation and use of his successor, and that such repairs were

to be ascertained, with reference to the state and character of the buildings, which were to be restored, where necessary, according to their original form, without addition or modern-improvement; and the estimate, according to this rule, came to 3997. 18s. 6d.

The second rule proposed, was, that they were to be left as an outgoing lay tenant ought to leave his buildings, where he is under covenant to leave them in good and sufficient repair, order, and condition; and the estimate, by that rule, was 310l, the papering, painting, and whitewashing not being included.

The third rule was, that they were to be left wind and water-tight only, or, as the case expresses it, in such condition as an outgoing lay tenant, not obliged by covenant to do any repairs, ought to leave them; and by that rule, the estimate would be 751. 11s.

We are not prepared to say that any of these rules are precisely correct, though the second approaches the most nearly to that which we consider as the proper rule.

The law and custom of England, or, in other words, the common law, as stated in some of the earliest precedents, p. 12 and 13. Hen. VIII. Rot. 126, C. B., and others which we have searched, and in Lutw. 116, is as follows:-"Omnes et singuli prebendarii, rectores, vicarii, &c. pro tempore existentes, omnes et singulas domos, et edificia, prebendariarum, rectoriarum, vicariarum, &c. reparare et sustentare, ac ea successoribus suis, reparata, et sustentata, dimittere, et relinquere teneantur, et si hujusmodi prebendarii, rectores, vicarii, &c. hujusmodi domus, et edificia, successoribus suis, ut premittitur, reparata et sustentata, non dimisserint, et relinquerint, sed ea irreparata et dilapidata permiserint, eidem prebendarii, &c. in vitis suis, vel eorum executores, sive administratores, &c. post eorum mortem, successoribus prebendariorum, &c. tantam pecuniæ summam, quantam pro reparatione, aut necessaria reedificatione hujusmodi domorum, et edificiorum expendi aut solvi sufficiet, satisfacere teneantur." An averment, in terms nearly similar, has been usually introduced into all declarations on this subject.

From this statement of the common

law, two positions may be deduced. First, that the incumbent is bound, not only to repair the buildings belonging to his benefice, but also to restore and rebuild them if necessary. Both these rules are very reasonable; the first, because the revenues of the benefice are given as a provision, not for a clergyman only, but also for a suitable residence for that clergyman, and for the maintenance of the chancel: and if by natural decay, which, notwithstanding continual repair, must at last happen, the buildings perish, these revenues form the only fund out of which the means of replacing them can arise. The second rule is equally consistent with reason, in requiring that which is useful only, not that which is matter of ornament or luxury.

It follows from the first of these propositions, that the third mode of computation proposed in the case cannot be the right one; because a tenant, not obliged by covenant to do repairs, is not bound to rebuild or replace. The landlord is the person who, when the subject of occupation perishes, is to provide a new one, if he think fit. And if the second proposition be right, a part of the charges contained in the first mode of computation must be disallowed; for papering, white-washing, and such part of the painting as is not required to preserve wood from decay, by exposure to the external air, are rather matters of ornament and luxury than utility and necessity.

The authorities which have been cited from the canon law are in unison with that which we consider to be the rule of the common law. The earliest provision on this subject is the provincial constitution of Edmund, Archbishop of Canterbury, passed A. D. 1236, 21 H. III. It is in the following terms:-" Si rector alicujus ecclesiæ decedens domos ecclesiæ reliquerit dirutas, vel ruinosas; de bonis ejus ecclesiasticis tanta portio deducatur, quæ sufficiat ad reparandam hæc, et ad alios defectus ecclesiæ supplendos." That constitution, therefore, directs the repairing, "domos

ecclesiæ dirutas vel ruinosas." And Lindewood's commentary upon the word "ad reparanda" is "silicet diruta vel ruinosa. Et intellige hanc reparationem fieri debere secundum

indigentiam et qualitatem rei reparandæ; ut scilicet, impensæ sint necessariæ, non voluptuose." The next authority cited from the canon law was the following legatine constitution of Othobon, promulgated A. D. 1268, 52 H. III. Improbam quorundam avaritiam prosequentes, qui cum de suis ecclesiis et ecclesiasticis beneficiis multa bona suscipiant, domos ipsarum, et cætera ædificia negligunt, ita ut integra ea non conservent, et diruta non restaurent ;" that is the imputation against the clergy. The constitution then goes on: Statuimus et præcipimus ut universi clerici suorum beneficiorum domos, et cætera ædificia prout indiguerint reficere studeant condecenter, ad quod per episcopos suos vel archidiaconos solicite moneantur. Cancellos etiam ecclesiæ per eos qui ad hoc tenentur refici faciant, ut superius est expressum. Archiepiscopos vero et episcopos, et alios inferiores prælatos, domos et ædificia sua sarta tecta, et in statu suo conservare et tenere, sub divini judicii attestatione præcipimus, ut ipsi ea refici faciant, quæ refectione noverint indigere."

The statute 13 Eliz. c. 10, speaks of ecclesiastical persons suffering their buildings, for want of due reparation, partly to run to ruin and decay, and in some part utterly to fall to the ground, which by law they are bound to keep and maintain in repair; and makes the fraudulent donee of the goods of an incumbent liable for such dilapidation as hath happened by his fact and default. If the incumbent was bound by law to keep and maintain the dwelling house in repair, any breach of his duty in that respect would be a default. The 57 Geo. III. c. 99, s. 14, enacts, that a non-resident spiritual person shall keep the house of resi

dence in good and sufficient repair; and directs that if it be out of repair, and remain so, the parson is to be liable to the penalties of non-residence, until it is put into good and sufficient repair, to the satisfaction of the bishop. There is nothing, either in the authorities cited from the canon law, or in these acts of Parliament, to shew that the obligation of an incumbent to repair is other than that which I have already stated the common law threw upon him: viz. to sustain, repair, and rebuild when necessary.

Upon the whole we are of opinion the incumbent was bound to maintain the parsonage, (which we must assume upon this case to have been suitable in point of size, and in other respects, to the benefice) and also the chancel, and to keep them in good and substantial repair; restoring and rebuilding, when necessary, according to the original form, without addition or modern improvement; and that he was not bound to supply or maintain any thing in the nature of ornament, to which painting (unless necessary to preserve exposed timbers from decay) and white-washing and papering belong and the damages in this case should be estimated upon that footing. It will be found that this rule will correspond nearly with the second mode of computation, and probably will be the same if the terms "order and condition" are meant, as they most likely are, not to include matters of ornament and luxury.

It was afterwards referred to the Master to calculate the damages upon this principle, and to report for what the judgment should be entered up, and he directed it to be for 3691. 18s. 8d., and for that sum there was judgment for the plaintiff.

ON Tuesday, the 7th of September, the tenth Anniversary of the Plymouth District Committee of the S. P. C. K. took place. Prayers were

read in St. Andrew's Church, by the Rev. J. Hatchard, and a very able and appropriate Sermon was delivered by the Rev. R. Lane, of Brixton,

from Rom. x. 2, "For I bear them record, that they have a zeal of God."

The congregation was numerous, and nearly 1200 charity children, who receive books from the Institution, were present, with their instructors.

Shortly after the conclusion of divine service, the Committee and friends assembled at the Royal Hotel, for the purpose of transacting the business of the Society; when Major H. C. Smith, being called to the chair, the Rev. J. Hatchard, the vicar of St. Andrew's, opened the meeting with the usual The Chairman then reprayers. quested the Secretary, the Rev. Robert Lampen, whose praiseworthy exertions in this and many other Societies cannot be too highly appreciated, to read the Report, and the Rev. Gentleman rose and read as follows:

"The Annual Report of a local Committee of a Society whose excellence and importance is not to be estimated in proportion to its power of exciting a momentary interest, and making a strong appeal to the feelings, must, from its very nature, be destitute of much which the public mind might be disposed to expect in the records of a religious institution.

A

simple statement, however, of its progress as an efficient instrument for disseminating the word of life, that only foundation of our National Church, the Scriptural Formulary of Devotion which is justly her holy boast, and those writings of her approved divines, which may meet the circumstances of her individual members, should be enough to recommend such an Institution to all who concur in the sentiments which it upholds, without any further inducement. The following is the general statement of the sale of works since the last anniversary :Bibles, 483; Testaments and Psalters, 383; Prayer-books, 889; and Books and Tracts, 3209: affording a most satisfactory proof that our cooperation continues to be extensively useful in this neighbourhood.

"At the last Anniversary it was a subject of congratulation that we were enabled to contribute a benefaction to the general designs of the Parent Society, which has adopted such liberal regulations with respect to District

Committees, and sustained in consequence the burden of a very increased expenditure. Although we have it not in our power to make the same acknowledgment this year, it arises chiefly from the arrears of unpaid subscriptions, which are occasioned in great measure from the uncertainty of the period at which they are supposed to become due. Much difficulty would be avoided if the Anniversary Meeting was considered the period at which the subscriptions should become payable, as it is the time when the greater number of the country subscribers are assembled.

"Since our last Anniversary, the Prelate, who was so truly the Patron of our District Society and of others intimately connected with the National Church, has been translated to another diocese. The Committee have felt it due to themselves to express their grateful sense of his Lordship's encouraging kindness, under the influence of which the diocese of Exeter has contributed so largely to the institutions of the Church. A letter, written in concurrence with the other District Committees over whom his Lordship presided, was transmitted to him, and acknowledged with expressions of lively interest in our local exertions. Our present Right Reverend Diocesan has since kindly complied with the wishes of our Committee to become its patron.

A copy of the letter sent to the late Bishop of the Diocese, and his answer, and the letter to the present Diocesan and his Lordship's answer, were then read.

Thanks were afterwards given to the Chairman, and the meeting separated.

EXETER DIOCESAN COMMITTEE.

THE anniversary of the above Societies was held on Thursday, September 16th, when the children of the various schools in this city, supplied by the Society with books, attended. The celebrated anthem, by Bond, "The Lord is my light and my salvation," with Handel's Grand Chorus, was given with great effect. The Hundredth Psalm was afterwards sung by the children. An excellent and appropriate sermon

was preached by the Lord Bishop, from Luke i. 77-79. After which, "My lot is fallen in that blest land," was sung by the children, and, at the close of the service a collection was made at the door amounting to 1197. 15s. 10дd. being a much higher sum than was ever collected on a previous occasion.

The friends of the institution, with the committee, then adjourned to the Guildhall, where his Lordship took the chair; and, on being informed by the Rev. J. M. Collyns, the Secretary, that on former occasions they had been honoured by the Bishop of the Diocese reading the Report, read

The Fourteenth Annual Report of the Exeter Diocesan Committee of the Society for Promoting Christian Knowledge,

By which it appeared that in the past year the sale of books had not been so large there had been sold, however, 1183 Bibles, 1714 Testaments, 1102 Psalters, 286 Common Prayer-books, 2914 bound books, 21,431 half-bound books and tracts, (exclusive of 21,155 religious papers and cards) less by 700 than the issue of books in the preceding year, and the deficiency had been greatest in Bibles, in Testaments, and in Prayer-books. This falling off was not, however, to be imputed to negligence on the part of the Committee, but from the consideration that wherever the Society had been established, the wants of the population had, in a great measure, been supplied, and it was but reasonable to imagine that in all those districts where the people had been gladdened by the abundant and cheap distribution of the Word of God, the demand in future would be more limited, though, with this one exception, the proceedings of the year were not less gratifying than those reported at any former meeting. At Starcross, South-Tawton, Topsham, Broadclyst, and Woodbury, grants had been made towards the formation of Parochial Libraries; many new members had been recommended to the Parent Society, many new subscribers entered on the books of the local fund; and it had been a source of great gratification that a corresponding Committee had been established at Topsham, inasmuch as there was the

most incontestible evidence of the very great utility of such a connexion with the Diocesan Association, both in reference to the advantages derived to the poor, and the very powerful support thereby given to the Parent Society. The Diocesan Association had been much indebted to the Committees at Teignmouth and Exmouth. Of the 50%. remitted as a donation this year to the Parent Society, the sum of 447. 15s. 5d. had been supplied from these two Committees. They had made their appeals from the pulpits of the different Churches in their immediate neighbourhood, and those appeals had been answered by such contributions, added to the original subscriptions, as had enabled them not only to pay their expenses, and to sell at reduced prices to the poor, and to make grants in aid of the Parent Society, but also to retain a balance in hand for the furtherance of its interests in the ensuing year. Without the effectual aid supplied by them, the Exeter Committee (from their liberality in furnishing gratuitous supplies of books) Iwould have been unable to remit to the Parent Society their usual contribution; not without reason, therefore, do they congratulate the members of the Society on the formation of another corresponding Committee on the same plan, and they look forward with confidence to the extension of the system, and please themselves with the hope that in all places it would meet, by the blessing of God, with the same successful result.

The Report of the Committee for the Propagation of the Gospel in Foreign Parts

Was then read by his Lordship, the principal feature of which was the mention of the last Annual Report of the Parent Society, in which Report mention was made of Bishop's College, Calcutta; relative to which communications had been received from Dr. Turner, the new Bishop of Calcutta, which gave a most favourable account of the state of that most important establishment, confirming the hopes expressed by the Society. He had examined the various students, and found, in their general proficiency, the strongest grounds for