cular treatise inculcating the supremacy of the Pope, and the deed contained a proviso that if the trust should be declared void, the trustees should hold the stock in trust for the grantor's executors and administrators. In that case the Court held that the trust had no impress of charity upon it, and was consequently not applicable to any charitable purpose, and that, as the particular purpose failed by reason of its illegality, the stock reverted to the grantor. Applying that principle to the present case, as there is no impress of charity upon the gift, the purchaser John Todd, and his representatives, would take the estate discharged from the illegal trust.
Mr. Kindersley, in reply.
The object of the testatrix was clearly charitable, though the mode in which she attemped to accomplish that object was illegal; and it devolves upon the Crown, therefore, to give effect to her charitable intentions cyprès. Todd purchased the estate expressly subject to the trust; and there is no pretence, therefore, for contending that he, or those who claim under him, can take the estate discharged from the trust.
Upon consideration of the paper of instructions, I think that the purpose of the testatrix in providing for the priest that was to serve at Stonecroft for ever was charitable, her intention being that such priest should be a help to poor Catholics.
The intention being charitable, was the proposed mode of carrying that intention into effect legal? Before the statute 2 & 3 W. 4. c. 115, there could, I apprehend, be no doubt that the proposed mode of carrying the charitable intention into effect was illegal, and the Crown would have been entitled, under the King's sign manual, to direct the application of the fund to other charities in a legal mode.
Has, then, the statute I have mentioned any operation in this case? The information was filed on the 5th of September 1831, against the persons in whom the property subject to the charge was vested, and against Edward Clavering, in whom it was alleged the rent-charge was vested. The Todds put in their answer in March 1832, and stated their belief that the rentcharge was vested in Edward Clavering, which it had been, but was not at the time. The stat. 2 & 3 W. 4. c. 115, received the royal assent on the 16th of August 1832. The information was amended, and Leadbitter made a party in January 1833, and he answered in June in the same year.
The third section of the statute enacts that nothing therein contained shall affect any suit actually pending or commenced, or any property then in litigation, discussion, or dispute, in any of his Majesty's courts of law or equity in Great Britain.
And although Mr. Leadbitter was, under a mistake, not made a party to this information, when filed before the statute, it is impossible for me to consider that this suit was not commenced, and that this rent-charge as against the property charged with it, and the persons liable to pay it, was not in litigation, discussion, and dispute at the time when the statute was passed, and I am therefore of opinion that the case must be determined, as if that act had not passed; and looking to that which I consider to be the established practice of this Court in cases where the purpose is charitable, but the mode of effecting it illegal, I am of opinion that it devolves upon the Crown to state to what charitable purpose the £20 a year is to be applied.
Mr. John Todd purchased the estate with full knowledge of the charge in 1822, and from that time appears to have refused to pay it; but I think that
his estate, and the persons who have possessed the property since his death, ought to be charged with the rent-charge from the time of his purchase.
Declare that the direction to pay £20 a year to maintain a priest to serve at Stonecroft was illegal and void, but that the sum of £20 a year was given for a charitable purpose, and that the same ought to be applied to some other charitable use; and that the appointment and direction of such other charitable use is in the Crown, and the Court recommends the Attorney-General to apply to the King for a sign manual to appoint and direct to what charitable use or uses the annual sum of £20, part of the said rent-charge of £32, and the arrears, shall be applied.
Take an account from the time of the purchase by John Todd: the costs of the informant as between party and party to be paid by the Todds; the costs of the trustee Leadbitter, and the extra costs of the informant, to be paid out of the arrears.
Line 3, from top of page 4, for instructive read instinctive. 1, at top of page 8, for head read hand.
16, from top of page 9, for imitation read invitation.
-10, from bottom of text, page 13, for which read what.
-13, from top of page 46, for protect read protect it.
4, from bottom of text, page 57, for Protestantism read protestation.
2, of note, page 71, for another read the mother.
-21, from top of page 74, for her read other.
-15, from bottom of page 78, for fields, preaching read field-preachings.
-16, from bottom of page 161, for Reekius read Heckius.
-12, from bottom of text, page 279, for lungs read liver.
LONDON: C. RICHARDS, PRINTER, ST. MARTIN'S LANE.
THIRD VOLUME OF THE DUBLIN REVIEW.
AERIAL spectres in Cumberland, account | Austria, character of its Imperial Family,
Amusements of the people, 117
Anapa, port in the hands of the Rus-
sians, 229.
Angler in Ireland, 401.
Anglican Church, how to ascertain its real
doctrines, 54-it does not receive those
of the high Church party, 57-its ar-
ticle on the subject not satisfactory,
why, 63-inconsistency of claiming a
right to decree and not to enforce, 63-
doctrine of Anglican authority a mere
theory, 64-in the Catholic Church it is
carried out, 65-the Anglican Church,
in claiming authority, has no security
of belief to offer in return, 67-it has
no communion with any other Church,
68-Catholic Church is in practical
communion, 70-Anglican Church al-
lows no security even to councils, 71-
authority and infallibility not to be dis-
joined, 72-arguments of high Church
party applied to foreign Protestants, 73
-mis-statement of Catholic doctrine,
Architecture of London, 114.
Architecture, contrasts between ancient
and modern, by Pugin, 360-why re-
quiring a different character in Catholic
and Protestant churches, 363-history
of its progress in ecclesiastical buildings
in Italy, 366-its golden era in Eng-
land, XIII century, 376-how affected by
the great encouragement of painting in
Italy, 377-pointed architecture when
introduced, and its progress in Eng-
land, 378.
Articles of the Church of England, 517.
VOL. III.
207-education of its people, 210-
state of its revenue, 211.
Bacon, Nicholas, account of him, 311.
Balaton, lake and monastery of, 213.
Barrow (Mr.), his tour, and religious pre-
judices, 406.
Becket, (St. Thomas à) account of him,
313.
Beresfords, the peculiar nature of their
kindness to Ireland, 406.
Botta, his account of the dissolution of
the Academy del Cimento, 157.
Bible, its various versions before the Re-
formation, 428-that of Douay recom-
mended by the Church, 433-dan-
gerous for indiscriminate reading with-
out note or comment, 433-dedication
of the English version, 434-Cover-
dale's bible, 442-prohibition put upon
the reading of it by Protestants, 444.
Bishops of the Anglican Church not ca-
nonical, why, 522.
Books, dearness of, before printing, 430.
Borelli, 151.
Bounties, effect of, on Fisheries, 144.
Brewster, (Sir David) his unfair attack on
the Catholics, 540.
Brunelleschi, his style of architecture,
Calcutta, public buildings in, 115.
Canada, its difficulties similar to those of
Ireland, 79-constitution of the Ca-
nadas, 80-the old French aristocracy
displaced, 83-how replaced, 84-form-
ation and defects of the councils in the
Canadas, 86-system by which official
persons provide for their families, 86-
system of screening offenders against
justice, 89--Government of Canada has
no responsibility to people, 90-effects
of this, 91-collision between their
councils, 93-demands of the Cana-
dians, 95-remarkable features of their
financial difficulties, 96-Commission
sent by Sir Robert Peel to enquire into
grievances, 100-instructions, 102-
address to the King, 103-state of the
question at home, 104-Plan of Sir
Charles Grey, ibid.-discussion in the
House of Commons, resolutions, 107-
Mr. Roebuck's proposals, 108-partly
an extension of Lord John Russell's,
109-receptions of the resolutions in
Canada, 110-and consequent proceed-
ings, ibid.-probabilities of an outbreak,
112-meeting of the political union in
Canada, and their resolutions, 112.
Canada, humane law respecting settlers,
456.
Canonico de Jorio, well known to English
visitors at Naples, his work, 3.
Caraffa, calculus of remainders.
Catholicism, prejudices no longer enter-
tained against it as opposed to com-
mercial prosperity, 175.
Catholic clergy receive nothing from the
state, 412-solicitude of Catholics to
disseminate the original texts of Scrip-
ture, 437.
Catholicism, its advance, 449-its great
increase in England and Ireland, 450—
its advances in proportion to those of
industry and civilization, ibid.
Catholic argument drawn from the fallacy
of the senses, 548.
Catholics aroused to take a part in his-
tory, 306.
Cauchy's researches, 152.
Cause of the Catholic Church that of
liberty, 309.
Centralization, 125.
Century XIII, its importance and interest,
388-its literature, 390.
Cesi (Prince Frederico), his history and
patronage of science, 162-his acquire-
ments, 164.
Chandler (Dr.), his account of the setting
sun, 533.
Chancellors, two, of England, 305.
Chapels Royal contrasted, the ancient and
modern, by Pugin, 361.
Charity, amount of, in France, 188.
Charlemagne, modifications of architec-
ture in his reign, 375.
Christendom, work of Novalis, criticism
upon it, and extracts, 284.
Christian political economy, 165-politi-
cal economy insufficient check upon the
marriages of the poor, 170.
Christian political economists, their no-
tions for ameliorating the state of
France, 189.
Christianity re-establishing the harmony
of human nature, 315.
Christiern II, his savage cruelty, persecu-
tion of Catholics, 447.
Church, Anglican, in Ireland, its enor-
mous revenues, 410-its abuses, 411-
abolition of rates a great blessing, 412.
Cimento, Academia del, 150.
Circassia, travels in it, 198-its struggles,
220-their appearance described by Mr.
Spencer, 221-residence of their chiefs
described, 223-resemblance between
them and the Greeks, 224-policy of
Russia towards her, 226-their camp,
ibid.-its commercial importance, 228
-bays on its coast, 231.
Claddach, description of the fishing vil-
lage of, 138.
Coke (Lord), story told by him, 322.
Conduits, public, their architecture con-
trasted, 362.
Conscription, source of prosperity to work-
ing classes, 173.
Coverdale, his bible, 442.
Councils, Mr. Perceval's attacks upon
them, 471-conduct of Catholic, con-
cerning that of Lateran, 494-first
general council, 475-council of Sar-
dica, 476-that of Chalcedon, 481-of
Constantinople, 482-Laodicea, 484–—
of Trent, 503-of Châlons, 506.
Danube, steam voyage down the, its ports
and commerce, &c., 198-success of the
steam voyage down it, 200-its charac-
teristics as a river, 205-effects of its
navigation upon the political character
of Austria, 206-musquitoes on its
shores, 215-British trade to the Da-
nube, 217.
Drainage bill, Ireland, 421.
Durham Abbey contrasted by Hereford
Cathedral, 361,
Duties on salt and timber, effect of, 140.
Education, board of, objections that are
made to its system, 415-greatly aided
by the convents, 416.
Electors, number of them in France, 127.
Elizabeth (St.) history of her by Monta-
lembert, 384-biographical account of
her, 394-her charity, 396-her burial
and translation, 399-parallel between
her and Queen Elizabeth, 400.
Emigration, causes of it amongst the
Irish, 453-numbers of emigrants land-
ed at Quebec during the eleven years
ending in 1836, 454-agricultural la-
bourers, town emigrants, 457-career
of the agricultural labourer, 463.
England, her power to oppose Russia, 234.
Eucharistic offering, Perceval's arguments
upon the subject confuted, 484.
European commerce, information given
under that head in Journal of St. Pe-
tersburgh, 235.
Families, proportion of to houses in dif-
ferent cities, 116.
Fata Morgana, account of the, 598.
Fisheries in Ireland, 133-early history
of, 135.
Fisheries, depressed state of, and its
causes, 139.
Fishermen, poverty of, 137.
Francis (St.), of Asissium, his poems,
and great perfections, 391-his order
introduced into Germany by St. Eliza-
beth, similarity between them, their
miracles, 392.
German Catholic works lately published,
252-German literature, influence pro-
duced on it by Tieck, the Schlegels, &c.
279-improvement in its tendency, 296
direction of its policy, 297.
Gesticulation, the Italians converse by it
as much as by the tongue, 1-descrip-
tion of some in ordinary use, ibid.—
mostly to be found in the descriptions
of classic authors, why, 3-further in-
stances, 4-use made of signs by King
Ferdinand, 9-use made of them in
concerting Sicilian vespers, 10-they
throw light upon the scenes on Greek
vases, &c., and upon Leonardo da
Vinci's Last Supper,' 11-the study
of gesticulation might make an im-
provement in English elocution, 13.
Ghelendjik, 231.
Hall (Captain Basil), his account of Irish
settlers in America, 465.
Harbours, comparative merits of English
and Irish, 27.
Headly (Lord), his excellent system on
his estates, 425.
Herschel (Sir J.), extracts from his dis-
course on natural philosophy, 532.
High Church principles revived, under
what circumstances and by whom, 46–
rules of faith laid down by them, ibid.-
distinctions made by their supporters
between Catholicism and Anglicanism,
History for several ages one long con-
spiracy against truth, 305-history of
the forerunners of the Reformation, by
Dr. Ludwig Flathe, 325.
Holland and some German cities the only
European states where reading the
Bible can have caused the Reforma-
tion, 448.
Holy See, attacks on it, 151.
Illusion, optical, Sir David Brewster's
account of one, 533-illusions of galva-
nism, 541-of the sight, 542-illusions
of the senses divided into classes, 544.
Imitation of Christ, its beauty, 431.
Industry, its progress in England and on
the Continent, 165-its apparent re-
sults are pauperism, 166.
Inglis (Mr.), his character as a writer of
travels, 407-8.
Innocent III, his character and Protes-
tant biographer, 388.
Ireland, sadness and obscurity of its his-
tory, 15-its ancient celebrity, 17-
Moore's history of it, extract, 18-rea-
sons why Ireland has retrograded, 20—
extracts from Plowden, Sir Wm. Tem-
ple, Barlow, ibid.-England beginning
to perceive her error, 24-agricultural
and commercial capabilities of Ireland,
extracts from Mr. George William's
pamphlet, Shannon commissioners' re-
port, 25-harbours of Ireland, extracts
from report of Light-House Committee,
and Parliamentary return of ships, 27—
dangers of English western harbours,
29-commercial advantages in resorting
to those of Ireland, extracts, 31-Ire-
land might safely trust to her own
future commerce, 35-her legislative
prospects, 36-defects in the constitu-
tion of the Imperial Parliament as re-
spects Ireland, 38-Irish fisheries, 133
-tour through it by Inglis and Bar-
row, 401-its misery, its grievances,
402-consequences of the establish-
ment of the Anglican Church there,
408-oppression its bane, 413-im-
proved system of government, 412.
Irish, their excellent character, 40, 405—
Irish in America, 452-the chief points
where the emigrants land, 454-their
condition on first landing, 455-greatly
influenced by previous habits, 457.-
their political influence in America,
458-their affrays with the Americans,
460-their characters and conduct fa-
vourably established by jail returns and
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