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."

(v) Goodinge v. Goodinge, 1 Ves. 231; Belt's Suppl. 128, 2nd ed.

(w) Wilmot's Notes, 25.

(x) 1 Rep. 24 a.; 11 Rep. 71. The great argument for literary endowments is founded on the want, or the weakness of the natural appetency for literature in our species. There is not that spontaneous demand for it which would be effective to the bringing forth of an adequate supply; and the higher the literature is, the more it is placed above the reach of any such effective demand. This is not a subject on which we can with safety wait for mankind, but a subject on which mankind need to be assailed with offers, or which they must be beckoned to approach by

all the signals and facilities of invitation. The importunity is not, as in many other things, on the side of the customers who receive, but the importunity must be on the side of the sellers or the providers who bestow. Rather than want the articles of ordinary merchandise, men will give a price for them above their prime cost, so as to afford a profit. But science is not one of these articles, and will infallibly languish and be neglected, unless it is pressed on the acceptance of men at a price greatly below prime cost, and the purpose of endowments is to make up the difference. The operation of these is exemplified in miniature, when a munificent patron of literature or the arts, aids the

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 maintain 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 (b). So, devises of land to the masters and fellows of a college

which has so remarkably enlightened the middle ranks of the English nation, and rendered us a moral and an understanding people, has proceeded from our numerous public schools. It is in these truly respectable nurseries of literature, that education has effected its most generous and valuable purposes. The mind, which might otherwise have been confined by sordid habits, has been expanded; genius, which might have been hidden from the world, has been called forth to the honour of human nature; and the general manners, from rudeness and vulgarity, have been rendered easy, courteous, and polite. Wilson's Hist. of Merchant Taylors' School, Part II. p. 545. See 1 Gibbon's Miscel. Works, p. 37, 8vo. ed.

(a) Attorney General v. Whorwood, 1 Ves. sen. 537. See Porter's case, 1 Rep. 25 b.

(b) Case of Christ's College, Cambridge, 1 Bl. R. 90; S. C. 1 Eden, 10; Ambl. 351.

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 "to casuistical divinity in the University of Cambridge" (ƒ): 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).

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 (7).

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).

(d) Rex v. Newman, 1 Lev. 284. (e) Case of Jesus College, Duke, 78, 111, (363); Flood's case, Hob. 136.

(f) Attorney General v. The Margaret and Regius Professors in Cambridge, 1 Vern. 55.

(g) Hynshaw v. The Corporation of Morpeth, Duke, 69, (242).

(h) Case of Rugby School, Duke,

(i) Gibbons v. Maltyard, Poph. 6, Duke, 111.

(j) Attorney General v. Earl of Lonsdale, 1 Sim. 109.

(k) Cary v. Abbot, 7 Ves. 490; See Butl. Co. Litt. 391 a., n.,

s. 2.

(1) See post. sect. iii. 3, 6.

(m) The Trustees of British Museum v. White, 2 Sim. & Stu. 594.

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 (o), or for repairing a church, are charities established by the statute 43 Eliz. c. 4; and where a testator gave 500l. 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 (q); 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).

(0) Wingfield's Case, Duke, 80, (374).

(p) Attorney General v. Ruper, 2 P. Wms. 125; See Attorney General v. Virian, 1 Russ. 226.

(q) Duke, 109.

(r) Duke, 131, (124).

(s) Gibbons v. Maltyard, Poph. 6, Duke, 111.

(1) Turner v. Ogden, 1 Cox, 316.

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 107. 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 47. 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 1 Ves. sen. 535, 536. post, pp. 86, 87.

(x) 1 Cox, 317.

320.

(n) Pember V. Inhabitants of

(y) Durour v. Motteux, 1 Ves. sen. Knighton, Duke, 82, 109, (381), Toth. 34, Poph. 139; Penstred v. Payer, Duke, 82, (381), 1 Rep. 26 a; 1 Eq. Cas. Abr. 95, pl. 3.

(z) Jones v. Mitchell, 1 Sim. & Stu. 290; Doe d. Thompson v. Pitcher, 3 Maule & S. 407; S. C.