HL Deb 01 August 1861 vol 164 cc1820-1

House in Committee (according to Order).

Clause 2, (Appropriation of Profits of Eighth Canonry to Churches),

THE EARL OF CHICHESTER

said, the Bill would accomplish two very desirable objects—it would increase the inadequate stipends of the Military Knights of Windsor, and augment two livings in the town of Windsor. With regard to the first object, the claim of the Knights was resisted by the Dean and Chapter, and the decision of the Master of the Rolls in favour of the Dean and Chapter was, on appeal, confirmed by their Lordships. Several thousand pounds had been expended by the Dean and Chapter in costs, and he thought some provision ought to be inserted in the Bill by which they might be reimbursed that outlay. With regard to the second object — although no one could be more glad than he was to have two poor livings increased — yet, as a trustee of the Common Fund for the augmentation of poor livings generally, he was bound to object to the recognition of a different principle by this Bill. It was contrary to the spirit of past legislation, and was opposed by all the Members of the Ecclesiastical Commission who had seats in the House I of Commons.

LORD KINGSDOWN

said, that although on the question of law the Dean and Chapter of Windsor were right, there never was a case of greater hardship than that of the Military Knights of Windsor.

THE EARL OF ST. GERMANS

thought that the claims of the parishes from which the tithes were derived ought to be first considered.

THE BISHOP OF LONDON

said, the Bill introduced no new principle. It might be a somewhat novel application of Church property, but it would be establishing a precedent which he should not be sorry to see followed in other cases, for he regretted that at the passing of the Cathedral Reform Act the interests of the inferior members of the cathedral establishments had been somewhat neglected.

THE LORD CHANCELLOR

said, that the Master of the Rolls and their Lord-ships' House had decided that no costs should be allowed, and to provide for the repayment of their costs to the Dean and Chapter would be in fact to override the judgment of two competent tribunals by force of an Act of Parliament.

THE EARL OF HARROWBY

moved the omission of the Clause.

On Question, their Lordships divided:— Contents 25; Not-contents 10: Majority 15.

Clause agreed to; Bill reported without Amendments.

Amendments made; and Bill to be read 3a To-morrow.