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than to any others, we have to look for the support of our constitutional government, by the judicious exercise of the elective franchise. The reparation of our churches and chapels, by means of adequate church rates, and the support of a regularly ordained priesthood by the cheerful payment of ecclesiastical dues, depend upon them in no small degree. And many other parochial matters occurring in the common routine of a country clergyman's every day course of life, which nearly affect us, and which are essential to the good order, discipline, and peace of a parish, proceed satisfactorily, or are marred and out of joint, according to the good or ill feeling, the intelligence or the want of it, the principle or the absence of principle among such as form our parish vestries, and constitute our parochial committees. Surely then we should not, we must not, any longer delay to frame and carry out efficient plans for the moral and religious education of the middle ranks in commercial and grammar schools, modelled upon sound church principles. The parochial minister should have his eye intently fixed upon such schools. Whenever possible, he should bring into connexion with the Diocesan Board of Education. And until he has gained an influence over, and given a direction to, the teaching of the middle ranks, his work in his parish as the steward and minister of the Lord, is incomplete.

Having thus stated to you my undoubting conviction of the importance of education, not only the education of the poor, but of those above the poor, yea, of all ranks, that it is essential to the full developement and maintenance of our position as the spiritual pastors and teachers of a christian people,-I earnestly ask, should we not strive to place ourselves at its head, and to direct its movements? In order to do our work well, we must gain the affections of the people early. And how can we do so efficiently, under God, unless by means of schools wherein the Scriptures are taught, church principles inculcated, and a love of order and decency maintained? Such being my conviction, you will not be surprised if I confess myself one of those who regarded with uneasiness and foreboding, the educational clauses of the Factory Bill. For they seemed to evince, on the part of the framers of that measure, too low an appreciation of our position as the authorized teachers of the people, and as we constitute the national religious establishment.* They seemed to manifest a disposition to yield to latitudinarian principles of liberalism, with something like a vain attempt to please every body. Such being my conviction, it is a relief to me, that we are well rid of the educational clauses in the Factory Bill. And I hope and pray, that, by the good providence of God, a greater benefit may ultimately accrue to the cause we all have so much at heart, by the adoption of judicious plans forthwith by the members of our Church, for the education of the factory children in religious knowledge, christian principles, and that high tone and standard of morals which springs from, and is the fruit of, faith. As a means to that end, I rejoice to learn that large sums have recently been contributed by benevolent individuals of the highest rank and character, by way of donations and subscriptions, towards the establishment and support of factory schools. Remember, these poor factory children are, as regards their religious teaching, our people. The spiritual charge over them, as they form part of our flocks, has been committed to us. We are answerable at the bar of heaven for their souls, as far as God gives us power to work, and the means of working. No plea but that of necessity can release us from the obligation.-From a Charge by the Rev. James Thomas Law, Commissary of the Archdeaconry of Richmond, August, 1843.

*The Establishment here referred to, is that consisting of Bishops, Priests, and DeaconsArt. 23. Not the Church which is a congregation of faithful men-Art. 19. From a Charge.

THE LATE REV. JAMES TATE, A.M., FORMERLY MASTER OF RICHMOND SCHOOL, YORKSHIRE.

THE death of the Rev. James Tate, one of the Canons Residentiary of St. Paul's, is an event which deserves more than a passing notice. To the community at large, which has benefitted by his benevolence, his virtue, and his wisdom, it is a public misfortune, inasmuch as he has left few behind him gifted with such various excellencies, and still fewer who have devoted them so assiduously to the instruction of the present, and to the improvement of the rising, generation. We shall, therefore, make no apology for submitting to our readers a brief, and therefore a very imperfect, sketch of the many high qualifications by which he rendered his life useful and beneficial to mankind; for, as a wise heathen has observed, "omnibus affectibus prosequenda sunt bona exempla, præsertim cum publicè prosint."

One of the first acts of Earl Grey's administration was to present Mr. Tate, who had always advocated Whig principles, to one of the vacant canonries of St. Paul's Cathedral, not as a recompense for any political obsequiousness or sycophancy-for no man ever thought, spoke, or acted with more independence, or with a greater or sterner love of truth-but as a well-deserved reward for the distinguished zeal, ability, and success, with which during a period of more than 30 years he had presided over the grammar school of Richmond, in Yorkshire, at which he had himself been educated, and from which he had been sent to the university of Cambridge. The appointment gave universal satisfaction at the time, for it appeared only just that he, who had so long and diligently laboured in his useful and honourable vocation for the benefit of the state, should receive form the state some public provision for his declining age, as a recognition of his merits, and of the many virtues of which his character was composed. How worthily he discharged the duties of the sacred office in the church to which he was then elevated, is best known to those who witnessed the constant and unremitted attention with which he applied himself to his awful charge as a minister of eternal truth, not only in the metropolitan church of St. Paul, but also in the parish church of Edmonton, of which, by virtue of his canonry, he also became the incumbent. His mode of communicating religious instruction from the pulpit was characterised by that mild and simple, yet eloquent and effectual, style of persuasion, which he had found so useful in communicating secular instruction to the young persons whom he had trained with almost parental care to learning and virtue. How nobly they benefitted by it, the records of both universities, but more especially those of the university of Cambridge, have long borne ample testimony. They show, that as a teacher of classical learning, none of his cotemporaries were more successful, and that few were even as successful as the plain country schoolmaster, to whose residence in the remote province of Estremadura-as he used playfully to call his own native Richmondshire-pupils were attracted from almost every part of the united kingdom. And no wonder; for the task of education, which many preceptors perform as a mere matter of irksome duty and of wearisome and depressing toil, was to him a matter of delight, and almost a labour of love. He had the singular knack of inspiring others with that passion for learning by which he was himself animated, and of smoothing the pathway to knowledge until it appeared neither harsh nor crabbed even to those who were most unwilling to make their first steps upon it. He was a most exquisite and discriminating judge of the exact amount of information which the young mind could imbibe at one draught, and therefore never ran the risk of nauseating it by administering doses beyond its capacity to retain with advantage. It was his constant endeavour, and one which was crowned with complete success, to impress upon the minds of his pupils principles of the most rigid accuracy.

But partially acquainted himself with the most exact of sciences, he had witnessed the beneficial effects which mathematical studies produce upon the well-trained intellect; and he laboured diligently to transfer these advantages to the classical studies of his own pupils. To this may be attributed the aptitude of mind displayed by the Richmond boys for the severe abstractions of Cambridge reading, and their proficiency in a science with the elements of which they were comparatively unacquainted on their entrance into the university. But though ignorant of the language of symbols, they had learned from their master the invaluable lesson of patient thought. Inferior to other scholars in the more pleasing graces of Latin composition, they excelled all in their thorough acquaintance with the philosophical principles and grammatical niceties of language. Thucydides and Horace-grammar and chronology, had, under Mr. Tate's guidance, effected for them what Newton and Eulergeometry and analysis-effect for others. He had the strongest aversion to corporal punishments, from a conviction, which he often expressed, that stripes were unavailing to ameliorate the lad who could not be excited either by welltimed encouragement, or by well-timed reproof to industry and improvement. He seldom or ever found any difficulty in the management of tyroes of 18," which Cowper in his Tyrocinium declares to be so full of difficulty, for his indulgent gentleness made them consider him as

"A father, friend, and tutor, all in one."

Even when it became necessary to administer to them "the bitter absinth" of rebuke, he always smeared the rim of the goblet in which he tendered it to their lips with the sweet flavour of honeyed kindness. Like his own favourite Horace

"He raised a blush, where secret vice he found,
And tickled, while he gently prob'd the wound;
With seeming innocence the boy beguil'd,

But made the deadliest passes, while he smil'd."

In his most angry moments-and what schoolmaster can always command his temper?-there was none of that austere and gloomy ferocity in his look, which so often engenders in youth a feeling of hatred towards their instructors; whilst, on the other hand, in his most sportive moments—and he often enlivened with a jest the most incomprehensible choruses in Æschylus, and the most abstruse passages in Tacitus and Thucydides he preserved that placid air of dignified authority which is the best antidote against contemptuous familiarity. Those pupils in whom he observed a combination of genius, and talent, and industry, he cherished as the apple of his eye, labouring with them in school and out of school, in season and out of season -most readily responding to all their inquiries, and even voluntarily suggesting them, when shame or diffidence, or some other cause too trifling to deserve a distinct name, kept the young novice silent. In his earlier days he made them the constant companions of his walks during his leisure hours, thus winning their youthful affection by the constant affection he evinced towards them; and many of them now living can bear testimony to the value of the vivâ voce lectures which they received, and of the vivâ voce examinations which they underwent, as they threaded their way together ("cantantes, ut eamus," as he used to say) through the delightful woods and walks of Easeby. This is not the place nor the time to enter further into the details of a system which communicated and recommended knowledge at every stage-which turned so many of the alumni of Richmond school into scholars, fellows, and tutors in the university of Cambridge, and which has raised some, and in due time may raise others, into worthy ornaments of all the learned professions of their country. Suffice it to say, that the principle of fear was one which he sedulously banished from his plan of education, and that his constant object was to establish the principle of honest and honourable emulation in its stead. Early in life, he had solved to his own satisfaction the problem, which

Roger Ascham propounded nearly 300 years ago to the schoolmasters of his day, and had decided that the schoolhouse ought to be, not a house of bondage and of terror, but a house of play and of pleasure. As in the model school of Quinctilian, so in that of Mr. Tate, "profuit alicujus objurgata desidia, profuit laudata industria; excitabatur laude æmulatio; turpe ducebatur cedere pari,— pulchrum superare majores." Any preceptor-acting upon such principles and dispensing, as he did, vast stores of erudition out of his capacious mind, with a prodigality disdaining all fear of exhaustion, and with a felicity of illustration and a distinctness of language rendering all mistake of his meaning quite impossible is certain to be esteemed, regarded, loved,-nay, these are cold words, and we will therefore add, is certain to be venerated and idolized by his scholars, especially if, like Mr. Tate, he identifies himself with their interests and exerts every energy of his soul to promote their welfare. And never was man more idolized, or more deserved to be idolized, by a host of admiring and grateful pupils, than the excellent and lamented personage who has now descended not immaturely into the tomb (sat enim famæ, sat sibi vixit), and upon whose hearse one, whose uniform taste he directed, and "whose youthful spirit he introduced into the magnificent domain of earthly knowledge," now seeks with pious hands to place a melancholy tribute of unavailing praise. Manibus date lilia plenis ;

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His saltem accumulem donis, et fungar inani
Munere."

(The Times.)

Law Report.

QUEEN'S BENCH.

(Before the Four Judges)-Trinity Term, 1843.

THE QUEEN v. ST. JOHN'S COLLEGE, OXFORD.—CHARITABLE TRUSTEES.-RIGHT OF NOMINATION.

WHERE a corporate body had a right to elect certain persons to be chosen scholars of a college, not by virtue of any property which the corporation possessed, but according to the will of the founder: Held, that since the passing of the Municipal Corporation Act (5 & 6 W. 4, c. 76,) the right of nomination is vested in the charitable trustees appointed under the 71st section of that Act; and not in the corporate body.

This was an application for a mandamus directed to the President, Fellows, &c. of St. John's College, Oxford, to elect a person by the name of Blandy, a scholar of that college, who had been chosen as a fit and proper person by certain trustees for the borough of Reading, under 71st section of the Municipal Corporation Act. It appeared that Sir Thomas White left property to found several scholarships at St. John's College, Oxford. The property was vested in St. John's College, but according to the wish of the founder, the mayor, aldermen, &c., of the borough of Reading had the right of nominating a certain number of scholars to be chosen from Reading school. Under the 71st section of 5 & 6 W. 4, c. 76, certain charitable trustees are appointed in the different boroughs, who are to have the management and disposal of all property belonging to each borough, which is to be disposed of for charitable purposes. The question therefore for the opinion of the court was, whether the president, fellows, &c. of St. John's College, are to elect from those scholars chosen as formerly by the mayor, aldermen, &c. for the borough of Reading, or from those scholars who are chosen by the charitable trustees appointed by the borough of Reading, accord

ing to the provisions of the 71st section. The 71st section is as follows:-" And whereas divers bodies corporate now stand siezed or possessed of sundry hereditaments and personal estate, in trust, in whole or in part, for certain charitable trusts and it is expedient that the administration thereof be kept distinct from that of the public stock and borough funds; be it enacted, that in every borough in which the body corporate, or any one or more of the members of such body corporate, in his or their corporate capacity, now stands or stand solely, or together with any person or persons elected solely by such body corporate, or solely by any particular number, class, or description of members of such body corporate, seized or possessed for any estate or interest whatsoever of any hereditaments, or any sums of money, chattels, securities for money, or any other personal estate whatsoever, in whole or in part, in trust, or for the benefit of any charitable uses or trusts whatsoever, all the estate, right, interest and title, and all the powers of such body corporate, or of such member or members of such body corporate, in respect of the said uses and trusts, shall continue in the persons who, at the time of the passing of this act, are such trustees as aforesaid, notwitstanding that they may have ceased to hold any office by virtue of which, before the passing of this act, they were such trustees, until the first day of August, 1836, or until parliament shall otherwise order, and shall immediately thereupon cease and utterly determine. And until parliament shall otherwise order, the lord chancellor shall make such order as he shall see fit for the administration, subject to such chartable uses and trusts as aforesaid, of such trust estates."

Mr. Kelly and Mr. Adolphus now showed cause. The object of this rule is to compel the president, fellows, &c. of St. John's College to elect a certain person a scholar of that college, who had been selected from Reading school by certain charitable trustees appointed under the 71st section of the 5 and 6 W. 4, c, 76. Now the object of the legislature in that section, was to separate the corporate fund from any fund which the corporation might possess for general charitable purposes. There is no property belonging to the corporation of Reading, by virtue of which they have the right to appoint scholars to St. John's College. The property given by the founder for these scholarships, is vested in St. John's College, and the corporation only had the right of nomination. The 71st section of the Municipal Corporation Act evidently contemplated, and was intended to apply to cases where certain property had been vested in the corporation to be applied to charitable purposes, and then the right of nomination might be vested in trustees appointed under the 71st section, by virtue of such property. This is a case clearly not within the meaning of the clause, and a mere right of nomination would not pass from the corporation to the trustees under this section of the act. There is another objection to this rule. The court is asked to grant a rule to appoint a certain person a scholar of the college. Now the college is vested with a discretionary power, and it has the duty of electing fit and proper persons out of those who are to be sent up by the corporation or by the trustees. Therefore this court has no power to grant the rule in the terms in which it is asked. In K. v. Bishop of Gloucester, an application was made for a mandamus to the bishop to admit a person to the office of deputy registrar of the diocese. The deputy registrar was to be approved of and allowed by the bishop. A person was appointed subject to the approbation and consent of the bishop, who, when informed of it, answered that for good and sufficient reasons he disapproved of the party nominated, but declined specifying his reasons. Under these circumstances the court refused a mandamus.

The Solicitor-General in support of the rule. The power which the corporation of Reading formerly enjoyed, with respect to the nomination of persons from Reading school to be scholars of St. John's College, is now by the 71st section of the act transferred to these trustees appointed under that section. It was evidently the intention of the legislature to give to these trustees the control over all charitable property. The right of nomination is separated from the property, and that right would pass to the trustees under the comprehensive

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