or only for a particular purpose? "And ought," asked Abbot, chief justice," the law to sanction an instrument that places a clergyman in a situation, either to subject himself to a demand which he may be unable to pay, or to make a solemn declaration contrary to his conscience and to truth?"

That since the acceptance by the ordinary is necessary to give effect to the resignation, the undertaking of a clerk to resign a benefice is an undertaking which he has no power of himself to perform.

That, considering the estate which a clerk has in his benefice, an estate for life, it is inconsistent with the principles of common law, that the patron, from whom such estate is not derived, should be permitted to exact a security by which his estate may be reduced to a mere tenancy at will. For though when a nominee in a special bond becomes capable of holding the benefice, the patron may, yet he is not obliged to demand the resignation. Then the obligor is a mere tenant at will to the obligee. If he be allowed to retain the living, he would do so by the permission of the patron, and he would hold it on the tenure of the patron's mere will and pleasure. And if the law will not allow a benefice to be held absolutely at the will of the patron, and voidable whenever he may choose to present any other person, neither will it endure that a benefice be so held as to be voidable when a relation or friend of the patron, may be capable of taking it, and the patron may think fit to present him; for in each case the estate of the incumbent would be less than a freehold but our law always considers a benefice as a freehold, whatever it may have been in its origin, or first constitution; all traces of which are now lost in the obscurity of antiquity. In short, that it was impossible for any one to contend, that a bond which places an incumbent in such complete thraldom, under so absolute a dominion and restraint, could be supported upon any known or recognised principle of law. That such a bond must necessarily operate to the prejudice, if not the total subversion, of the true and essential interests of religion.

court perceiving that there were none of these errors on record, which could warrant them to enter into the merits of the case, affirmed the judgment, without hearing the arguments of counsel. The question now for the consideration of their lordships was, whether this was a bond on which the parties were entitled to sue; and in coming to a conclusion on this subject, their lordships should consider themselves as judges in a court of justice, and his (the Lord Chancellor's) duty was not to state the case on any other ground than that which was warranted by law. His lordship had not the slightest hesitation in saying, that before the decision given in the case of the Bishop of London against Ffytche, this bond would be held legal, but he was of opinion that it came within the same principle which governed that decision. It was argued by counsel at the bar, that this bond could not be considered simoniacal, as the condition of the resignation was the presentation of a particular person, and that the obligee might see, and the Bishop should take care, that on his resignation, no other person should be presented but the Rev. Henry Watson, the brother of Lord Sondes. Now, if the resignation were conditional, it would cease to be a resigna

tion at all, and after an incumbent had resigned, he (the Lord Chancellor) would ask any man conversant in law or equity, was there any law upon earth which could compel a patron to present any particular person? It had already been decided in several instances, that a resignation, to be good, must be pura et absque conditione, otherwise the law said it was no resignation, or it was void. True it was that two or three eminent and distinguished leading characters were adverse to the decision in the case of the Bishop of London and Ffytche, among whom was Lord Kenyon, to whose opinion in legal matters he paid the highest respect, and it was consequently urged, that that decision should govern no other case, except that which was strictly in point; but his lordship thought that there was nothing in this case which should take it out of the rule by which that decision was governed. The Bishop of London and Ffytche was a bond of general resignation, and if the incumbent resigned in this case, could not the patron present whom he pleased; and how then did it differ from a bond of general resignation? It had been urged that if this bond should be judged simoniacal, the incumbent and the patron would be subject to heavy penalties; but it was their lordships' business not to attend to any thing but to the subject proposed for their consideration. How could they with propriety pronounce against the law to avoid the consequences of an illegal act? When his lordship looked to the cases in the books which were advanced in support of this judgment, he should say they were not well considered. One of them said, that a bond of resignation might be made in favour of a brother; another said in favour of a cousin or a near relation. But his lordship would ask, what had the condition or relationship of the person in whose favour the bond was made to do with the question? That ought to be left out of consideration. Could a patron take a bond in favour of himself? If not, he could not make it in favour of any man on account of relationship, for no man is more nearly related to a patron than

himself; and if he could make such a bond, it would in construction of law be the same as a general bond of resignation, for it was evident he could present whom he pleased after. But, again, it was said, that it could not be held simoniacal, unless it appeared that some benefit could be derived from it. Might not such a bond he made covertly, in consideration of money, in this manner-when the time for resignation arrived, the patron might say to the clergyman, "If you pay me a certain sum of money, I will allow you to hold your living longer," could not such a thing be easily effected? His lordship had no doubt but that this decision would come by surprise, and bear harshly on many patrons and clergymen; but he was not one of those who would hesitate to indemnify those who had hitherto committed themselves by such bonds, whether patrons or incumbents, provided that were done without touching on the general principles of the ecclesiastical laws of the country, some of which, it should be admitted, were too severe. On the grounds before mentioned, his lordship did not see how he could do otherwise than adjudge this a simoniacal contract. Now, after the most profound consideration, he would move their lordships that the judgment in the court below be reversed.

The Archbishop of Canterbury entirely concurred in the opinion of the Lord Chancellor, which was agreeable to that of the majority of the judges; but he had to implore their lordships' attention to this circumstance—that a large number, both of patrons and incumbents, had exposed themselves to severe penalties. But his Grace trusted that however erroneously they had thus committed themselves, that house would afford them protection. A patron was liable to a penalty of double the value of the living, and the forfeiture of the patronage for that time; and the incumbent was liable to double the value of the living, and to be disqualified from holding it. Such were the severe penalties they were innocently exposed to if not protected by that house. He held in his hand a bill containing such restrictions as would

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CORN LAWS.-The new bill for the regulation of the importation of foreign corn has been lost for the present session. After having passed the House of Commons, and been twice read in the House of Lords, an amendment, moved by the Duke of Wellington, that foreign corn should be inadmissible until the price in the home market reached 66s. instead of 60s. per quarter, as at first proposed, has been carried by a majority of eleven against the cabinet: in consequence of this, the measure has been abandoned. To prevent any inconvenience which the country might feel from the rejection of the bill, it is understood

Estimated expenditure of 1827
Sinking Fund

that another for the regulation of the averages, which was originally supplementary to the former, will be suffered to pass without opposition, and with an additional short bill adopting the principle of the lost one, as a temporary measure till after the next meeting of parliament.

THE BUDGET.-We cannot attempt to follow the Chancellor of the Exchequer through his statements within the compass of our narrow limits, but we will endeavour to give such an epitome of them, as shall present the real state of the finances of the country to our readers, as follows:

Do. of 1827

...

.£51,764,000 5,700,000

57,464,000

228,000,000

54,600,000

282,600,000

257,477,000

25,123,000

as more eligible than funding any part of it.

STATE OF COMMERCE AND AGRICULTURE. We have never been more pleasantly engaged in this department than at the present moment: the improved state of the manufacturing districts is of the most cheering description. The demand for goods of British fabric is great both at home and abroad; and it is gratifying to

learn, from authority on which the most perfect reliance may be placed, that in some districts not a loom remains unemployed, nor is there necessarily an idle person. The demand for shipping keeps pace with this improvement in the manufactures. Freights have considerably increased, particularly on the western side of the kingdom, whence manufactured goods are principally exported, and where they average about 20 per cent higher rates than on the eastern; but, from the nature of the shipping interest, this inequality cannot continue long. The state of agriculture is equally favourable to the prosperity of the country. The hay harvest, which is now very generally carried in the south, has proved remarkably good both in quantity and quality; and the present appearance of the crops of wheat throughout the corn counties wears a very cheering aspect, whilst there is an abundant promise of a productive year in the other species of grain and of potatoes.

THE PENINSULA. Portugal still remains in a very unsettled state towards the frontiers, from the other Iside of which the rebels continue to receive encouragement and assistance. At the same time it is asserted by deserters, that the Spanish army of observation is so infected with a liberal spirit, that if the troops were certain of a friendly reception, they would almost, without exception, desert to Portugal. Certain it is, that General Sorsfield, the commander of the Spanish forces on the side of Portugal, has been ordered by his government to fall back from the frontier. Desertion is said to have occasioned this; as his troops deserted in large bodies: one of eighty privates repulsed and killed sixteen of a detachment sent in pursuit of them. The Infanta Regent of Portugal is said be gradually recovering from her recent sickness, all apprehensions of a fatal termination being totally removed.

to

The administration of Portugal has been changed, and, with the exception of the Marquis des Torres, an entirely new one has been formed. The rebel Des Chaves, with some of his associates, have been compelled to with

draw from Spain, and have arrived at Bayonne.

Eastern Europe and Persia, Russia and Austria, conjointly with England, are said to be urgently negociating with Turkey in favour of Greece; and several military measures, adopted by the first of these powers, are asserted to be intended to support these negociations. Without denying, though we are far from crediting these suppositions, we believe they will be found to be connected with the war between that empire and Persia. The success which attended the arms of the latter, during the last autumn, has given great alarm to the Court of St. Petersburgh. The Russian General, Yermoloff, has been recalled; the army very powerfully reinforced, and the Petersburgh Court Gazette states that it has advanced beyond Erivan. The particular manner in which it describes the precautions taken for the security of this army, sufficiently intimates the danger and difficulty of the service on which it is employed, or the anxiety of the Russian Cabinet to prevent any unfavourable anticipations on the part of the public.

GREECE. The siege of the Acropolis of Athens continues to be pressed with vigour. Favourable terms of capitulation were obtained for the garrison, from the Seraskier Pacha, through the mediation of some French officers, but were unanimously refused by the Greeks, who expressed their determination to die in its defence rather than surrender it. The leaders of the Greek forces having, therefore, resolved to attempt some measure for its relief, they formed a plan of attacking the Turkish troops in their intrenchments, early in the month of May. For this purpose, a large detachment, under the command of Karaiskaki, was ordered to advance through Livadia to storm them on the land side, whilst another body, under the escort, but not the command, of Lord Cochrane, should approach by sea. Unfortunately the former fell in with a part of the Turkish forces on the 4th; an action ensued, trifling in every respect but one, the loss of the Greek commander, who fell at the first commencement of the affair. As no one appears to have