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judgment, which of such persons were the greatest objects of charity, and that the sister was not to be considered as one of such objects within the intention of the testator's will. The executors were directed, with the advice of the sister, to lay before the master a list of such of the testator's nearest relations within the above description, as they judged to be the greatest objects of charity. The master was directed to ascertain whether the persons mentioned in the list came within the above description, and to distribute the fund amongst such persons as should be ascertained to come within the description (v).
4. Gifts for the advancement of learning.] Gifts for the advancement of useful learning are said to be the most meritorious that can be bestowed, because they afford the means of educating great natural abilities, which may be employed for the benefit of the whole community (w). “No time, observes Lord Coke (x), was ever so barbarous as to abolish learning and knowledge, nor so uncharitable as to prohibit relieving the poor.'
(0) Goodinge v. Goodinge, 1 Ves. all the signals and facilities of invi231 ; Belt's Suppl. 128, 2nd ed. tation. The importunity is not, as (w) Wilmot's Notes, 25.
in many other things, on the side of (x) i Rep. 24 a.; 11 Rep. 71. the customers who receive, but the The great argument for literary en- importunity must be on the side of dowments is founded on the want, the sellers or the providers who or the weakness of the natural ap- bestow. Rather than want the arpetency for literature in our spe- ticles of ordinary merchandise, men cies. There is not that sponta- will give a price for them above neous demand for it which would be their prime cost, so as to afford a effective to the bringing forth of an profit. But science is not one of adequate supply; and the higher these articles, and will infallibly the literature is, the more it is languish and be neglected, unless it placed above the reach of any such is pressed on the acceptance of men effective demand. This is not a at a price greatly below prime cost, subject on which we can with and the purpose of endowments is safety wait for mankind, but a sub- to make up the difference. The ject on which mankind need to be operation of these is exemplified in assailed with offers, or which they miniature, when a munificent patron must be beckoned to approach by of literature or the arts, aids the publication of those massive and which has so remarkably enlightexpensive folios, for which the de- ened the middle ranks of the Enmand is so limited, that all the glish nation, and rendered us a money given by the purchasers moral and an understanding people, would amount to but a fraction of has proceeded from our numerous the cost. It is to his largess, that public schools. It is in these truly the world is indebted for all the respectable nurseries of literature, delight or instruction which this that education has effected its most publication affords. So is it like- generous and valuable purposes. wise with the expense of an educa- The mind, which might otherwise tional apparatus ; and more espe- have been confined by sordid habits, cially, when the education is of a has been expanded; genius, which lofty scientific character. The might have been hidden from the scholars do not yield the full remu- world, has been called forth to the neration; and, but for the benefac- honour of human nature ; and the tor, there would have been no such general manners, from rudeness and scholarship
Devises and bequests, having for their object the establishment of learning, are considered charitable uses within the statute 43 Eliz. c. 4. Of this description are devises to a college generally for their benefit, to increase the foundation, and to advance the end of the institution; as, to augment a headship or fellowship, or to found a new one (a).
A gift to certain officers of Christ's College, to inaintain certain students there, in the sciences of physic and divinity; and four students of the law at Lincoln's Inn; and also certain pensioners, viz. decayed merchants, soldiers, and clergymen, who should reside in the donor's house at W.; were held charitable uses within the statute of 43 Eliz. c. 4 (6). So, devises of land to the masters and fellows of a college in Cambridge (c); to a college, to find a scholar (d); to Jesus College, Oxford, and their successors, “ to find a fellow there, which should be of the testator's blood and alliance” (e); “ to support a lecturer in polemical or casuistical divinity in the University of Cambridge” (f): were all held to be charitable uses. Of the same description are gifts of lands to maintain the schoolmaster of a town (g), or to build a school (h), or to erect a free grammar school (i).
vulgarity, have been rendered easy, It is mainly by the same argu- courteous, and polite. — Wilson's ment, that we would vindicate the Hist. of Merchant Taylors' School, policy of ecclesiastical endowments. Part II. p. 545. See 1 Gibbon's The necessity for the one is founded Miscel. Works, p. 37, 8vo. ed. on the natural want or weakness of (a) Attorney General v. Whorwood, the literary appetite ; and the neces- i Ves. sen. 537. See Porter's case, sity for the other, is founded on the i Rep. 25 b. natural want or weakness of the (6) Case of Christ's College, Camspiritual appetite. - Chalmers on bridge, 1 Bl. R. 90; S. C. 1 Eden, Endowments, 61–63.
10; Ambl. 351. Much of the useful learning
The institution of a school for the sons of gentlemen, is not, in popular language, a charity ; but in the view of the statute of 43 Eliz. c. 4, all schools for learning are so to be considered (j).
Trusts for educating persons in the Roman Catholic religion were, until recently, illegal (k); but by statute 2 & 3 Will. IV. c. 115, Roman Catholics are placed, with respect to their schools, upon the same footing as Protestant Dissenters (1).
An institution established by the Legislature for the collection and preservation of objects of science and of art, partly supported at the public expense, and partly from individual liberality, and intended for the public improvement, as the British Museum, is in the nature of a charitable institution; and therefore a gift of the produce of land and the residue of personal estate, to the trustees of that institution, to be employed for its benefit, was held to be charitable (m). Although it is laid down that schools for dancing and fencing
(c) Plate v. St. John's College, 80, 112, (633). Duke, 77, 111, (379).
(1) Gibbons v. Maltyard, Poph. 6, (d) Rex v. Newman, 1 Lev. 284. Duke, 111.
(e) Case of Jesus College, Duke, (1) Attorney General y. Earl of 78, 111, (363); Flood's case, Hob. Lonsdale, 1 Sim. 109. 136.
(k) Cary v. Abbot, 7 Ves. 490 ; (f) Attorney General v. The Mar- See Butl. Co. Litt. 391 a., n., garet and Regius Professors in Cam- 8. 2. bridge, 1 Vern. 55.
(1) See post. sect. iii. 3, 6. (9) Hynshaw v. The Corporation (m) The Trustees of British Muof Morpeth, Duke, 69, (242). seun v. White, 2 Sim. & Stu. 594.
(h) Case of Rugby School, Duke,
were not of that kind, because they are matters of delicacy, not necessity (n).
5. Gifts for the advancement of religion.] Money given for the good of the church of a parish (0), or for repairing a church, are charities established by the statute 43 Eliz. c. 4; and where a testator gave 5001. to the parish church of St. Helen's, London, which is an impropriation, on a question who was to have the benefit of the legacy, between the vicar and the churchwardens, it was decreed to the latter, for repairing and adorning the church (p).
Chapels are included within the words, “repair of churches ;” in the statute 43 Eliz. c. 4, and church comprehends all convenient ornaments and conveniences for the decent and orderly administration of divine serviceas for the making of a new or repair of an old pulpit, the buying of a pulpit-cushion or pulpit-cloth, or the setting up of new bells where there are none, or amending them where they are out of order (9); for reparation of churches are but preparations for the administration of divine service (r).
A direction to find for ever a minister to preach the word of God in the church of St. Mary, Thetford, four times in a year, and to give him 10s.for every sermon(s); bequests to the curate of a parish, to preach a sermon on Ascension-day; to the clerk of the parish, to keep the chimes of the church in repair, and to play certain psalms; and for a payment to be made to the singers who sat in the gallery of the church; are all bequests to charitable uses within the statute 43 Eliz. c. 4, and if payable out of real estate, void within the statute 9 Geo. II. c. 36 (t).
Although a stipend for keeping up an organ, and for the organist, was established, Lord Hardwicke refused to establish
(n) Duke, 134, (128).
(9) Duke, 109. (0) Wingfield's Case, Duke, so, (r) Duke, 131, (124). (374).
(s) Gibbons v. Maltyard, Poph. (p) Attorney General v. Ruper, 2 6, Duke, 111. P. Wms. 125; See Attorney Gene- (1) Turner v. Ogden, 1 Cox, 316. ral v. Virian, 1 Russ. 226.
an annuity given to choristers as a charitable use, on the ground that it was contrary to the constitution of the church of England to have them in parochial churches, where they would be under no rule of government as in other churches, and the law would not allow them to be under the government of the heir at law (u); Lord Kenyon dissented from this opinion, and said, that singing psalms was part of the religious service, though not so useful as the sermon (x).
Where a testator directed the remainder of certain lands to be a fund, for a perpetual annuity of 101. per annum to a minister, to preach a sermon once a year to his memory, to keep his tomb-stone in repair, and the inscription thereon and upon the stone against the wall, reciting the gift legible, of which the minister was then to make oath ; and 21. per annum to the clerk, and 21. more to the sexton, for ever ; with 41. per annum to the mayor and corporation of St. Alban's, for managing and keeping account thereof, the three first gifts were held to be charitable gifts; and although the gift to the corporation, was a reward for a service, and but a circumstance attending the charitable bequest, yet being attendant on a void charity, it failed also (y).
Trusts for maintaining and keeping in repair family vaults or tombs are charitable (z).
Money given to maintain a preaching minister is a charitable use (n). Although it is said by Sir F. Moore, that a gift of lands, &c., to maintain a chaplain or minister to celebrate divine service, is neither within the letter nor meaning of the statute 43 Elizabeth, c. 4; for it was purposely omitted in the penning of that act, lest the gifts intended to be employed for purposes grounded upon charity, might, in change of times (contrary to the minds of the givers), be confiscate
(u) Attorney General v. Oakaver, 2 Marsh. 61, 6 Taunt. 359; See cited i Ves. sen. 535, 536.
post, pp. 86, 87. (x) i Cox, 317.
Inhabitants of (y) Durour v. Motteux, 1 Ves. sen. Knighton, Duke, 82, 109, (381), 320.
Toth. 34, Poph. 139; Penstred v. (2) Jones v. Mitchell, 1 Sim. & Payer, Duke, 82,(381), 1 Rep. 26 a; Stu. 290; Doe d. Thompson v. 1 Eq. Cas. Abr. 95, pl. 3. Pitcher, 3 Maule & S. 407; S. C.