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established, by the above case of Basilides, when Cyprian withstood Stephen. He does the same exactly with Cornelius, at that time Bishop of Rome, when Felicissimus and Fortunatus had gone there with their complaints. They had gone there, "having (as you say) no just ground or cause for appealing." If, then, Stephen could not receive an appeal in the case of Basilides, (a case of injustice, as he possibly thought it,) nor Cornelius in a just one, it is evident from each case separately, and still more from the two together, that Cyprian denies the right of appeal to Rome. The authorities of Spain and Carthage were alone competent, in their respective cases, and they had decided them," after a fair trial," without allowing any interference on the part of Rome. As to the "four last words,' "to that of Rome," objected to as an addition to the text of Cyprian, I need only say, that they were not added to the text, either by myself or, I believe, Rigaltius. They are added only as a comment on the text, to complete the sense of the words "minor esse.' Whether these words ("minor esse") refer generally to the power of bishops elsewhere, or to the power of the Bishop of Rome in particular (as seems most probable, from the letter being addressed to the Bishop of Rome, and about the schismatics within it), they must in either case make good my point, either by including, or especially alluding to Rome.

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5. In your fifth remark, upon Cyprian's declaration of his independence of Rome as Bishop of Carthage, you say you "have looked in vain for any such declaration." I grant, he does not say in vulgar terms, that he does not care a fig for Stephen;" but he says it in effect, and proves it by his direct opposition to Stephen on a matter with which he was in controversy with him, where he says (Epis. 72.), that "habet in Ecclesiæ administratione voluntatis suæ liberum arbitrium unusquisque præpositus." As to the introduction to the African council, you say, in effect, What is this to the purpose? Cyprian is speaking to African bishops. Yes; he is speaking directly to them, but indirectly to Stephen; for in consequence of the dispute with Stephen was this council held, and the opinions of the eighty-seven bishops there assembled were not delivered before Cyprian's correspondence with Stephen on the subject had been read. (Sententia 8.) This declaration, therefore, of Cyprian's is not in vain as respects Rome. I never could be supposed to say, as you put it, that " no bishop could judge another, or be judged by another," having acknowledged, in my pre ceding arguments, that all bishops alike had that power in certain cases. But this I say, from Cyprian's declaration, that "no bishop in particular, certainly not the Bishop of Rome, as such, had more to do with the question than any other bishop;" that "no individual bishop, as such, and by his own personal authority, constituted himself a bishop of bishops, and therefore no Bishop of Rome could do so."

Thus the controversy ended; and in whose favour our readers will, we think, easily determine.

Bishop Fell's addition is Quam vel Cornelii ipsius, in Petri Cathedra Roma sedentibus.--ED.

ORGANO-HISTORICA;

Or the History of Cathedral and Parochial Organs.

NO. XIII.-THE ORGAN AT THE CHAPEL OF THE FOUNDLING HOSPITAL.

In describing the organ at the Temple Church, noticed in our number for October, 1833, we had occasion to refer to the instrument now under our criticism, which was at that time undergoing an extensive repair by Mr. Bishop. Those repairs and improvements being now completed, we lay them before our readers in detail.

The organ at this chapel was built by an artist of the name of Parker, in 1769, and possesses the same peculiarity as that at the Temple Church, namely, its having quarter tones. These are the only two organs in England thus distinguished; but the former having three distinct changes, is to be preferred. The quarter tones in the Foundling organ are produced by means of slides over the draw stops, which effect the required changes, there being no division on the short note, as in the organ at the Temple.

The temperament of this instrument is the same as any other. First, we have the common note; then a change takes place to another set of pipes, a few commas flatter, and then to another set a few commas sharper. But on the Temple organ you have merely the G sharp and A flat, which must, of necessity, be used according to the key in which the performer is playing, whether in sharps or flats. In this respect, therefore, the organ at the Foundling is to be preferred, as also from its having quarter tones in the swell, which the Temple organ has not. The only inconvenience in using the slides at this organ is, that the performer must cease playing to effect the change required; whereas, if the change took place by means of pedals, similar to the composition pedals, the performer might then without interruption make the necessary change, according to the key into which he may have modulated. The instrument contains the following stops :

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The compass of the great and choir organs is from G G to E in alt,

58 notes, including G G sharp; that of the swell from E in the tenor to E in alt, 37 notes.

This instrument underwent an extensive repair in 1805, at a cost of 120l.; since which time, however, it has never stood well in tune, although on particular occasions it has even been tuned on the Sunday morning. The greater part of the following stops were new at that time, viz. :—The cremona, sexquialtra, tierce, furniture, and cornet in the swell. The hautboy and clarion in the swell, and cornet in the great organ, were entirely new. Previous to this, it had undergone a repair by Mr. Green, who put in a large pair of horizontal bellows, with three separate feeders, and re-voiced the instrument.

By the repair it has lately undergone, the original tone and quality of the instrument is restored, although several stops in the organ are still bad, never having had any decided character (as to quality) about them. These are the reed stops in the swell, which are seldom to be heard nicely in tune. The new stops and improvements added to the instrument by Mr. Bishop, are the double diapason pedal pipes, of the same compass and scale as those in St. Paul's Cathedral; a dulciana in the choir organ, in the place of the former one; a claribella in the great organ, in the place of the cornet; also a new cremona in the choir organ. The double stop diapason, to C C C, has been rendered more effective by being left as open pipes, in unison with the diapasons. In addition to all this, it has a new set of German pedals, of an octave and a half in compass, with stops to unite them to either the great or choir organs; and also two coupling stops to unite the swell or choir organs, together or separate, to the great organ, and which adds greatly to the splendour of the chorus. Another particular of great importance is, that the wind has been rendered perfectly steady, by means of Mr. Bishop's admirable invention for that purpose. The swell also is greatly improved, and rendered more effective, by means of the Venetian front.

The situation of this organ is very bad, there not being sufficient space for the vibration. The organ should be brought forward, and the pedal pipes placed at the back (their present situation being outside the organ case), and the roof raised at least eight feet above them to get their proper speech. With this improvement, and the addition of a clarion to the great organ, and the further extension of the swell to G gamut, we think it would be equal to any of our London organs of the same class.

Previous to this repair, the metal pipes of the whole organ were in a shamefully neglected state, having been nearly all cut to pieces by injudicious tuning: great praise therefore, we think, is due to Mr. Bishop for having saved so fine an instrument from destruction.

LAW REPORT.

No. XXV.-ON REINSTATING THE SPIRE OF A CHURCH.
LORD VISCOUNT MAYNARD v. BRAND AND PHILPOT.*

THIS suit was promoted by Lord living of St. Mary Thexted, in Essex, Viscount Maynard, patron of the and impropriator of the great tithes,

Dr. Phillimore's Reports, Vol. III. p. 501.

against the churchwardens of the parish for refusing to rebuild or repair the spire of their parish church.

On the 7th of July, 1820, articles were brought in ;-they pleaded:

That from time immemorial there had been and still was a parish and parish church known by the name of St. Mary Thexted, in the county of Essex, within the archdeaconry of Middlesex, and the diocese of London, with a tower at the west end, appendant to or forming a part thereof; and that until the 14th of June, and the 16th of December, 1814, when the same was blown down or destroyed, there was a spire built on and upon the said tower, with a vane on the top of the same.

That the said church, tower, and spire, were all built of free-stone, in an uniform style of architecture; — that from the summit of the vane of the said spire to the ground-floor of the said tower was a perpendicular height of sixty yards and one foot, the height from the spring of the said spire, from the tower to the top of the vane, forming thirty-three yards one foot of such whole height. That on the 15th of June, 1814, the upper part of the said spire, to the extent of about forty feet from the top, was injured by lightning, and the churchwardens and parishioners undertook the repairs thereof, and for that purpose raised a scaffolding; but not being able to complete the same before the winter came on, and by reason of the snow and ice which had accumulated on the said scaffolding, or of other defects which had taken place in the said tower, on the 16th of December, in the said year, the remainder of the said spire, to within twenty-five feet of its junction with the said tower, was blown or fell down upon the roof of the said church and much injured the same, and also the body of the

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Though the churchwardens have given an affirmative issue, it does not follow that they have confessed all the matters pleaded in the articles. Lord Maynard, the patron, could have called upon the parties by a civil process; there was no necessity for a criminal proceeding of this description; and there are difficulties in rebuilding the spire which cannot be surmounted.

Phillimore, in reply,

Contended that the affirmative issue which had been given to the articles was conclusive as to the admission of the facts, and a bar to any argument in opposition to the relevancy of them. PER CURIAM

I shall certainly issue a monition to the churchwardens to repair the spire as prayed. An affirmative issue has been given:-if there are difficulties which cannot be surmounted, reference must be made to the Court: but I have no reason to presume there are any such.--The monition must go to repair and reinstate.-But, for the protection of the churchwardens, they should be informed that they must make their rate before they commence their repairs.

I shall not give costs;-I presume they are not pressed in this case.

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to submit the following observations to the Standing Committee in London.

In so doing, they disclaim all intention of protesting or remonstrating against the conduct of the Society, although they have seen cause to regret some of its recent decisions. But at the same time, they feel compelled to implore the members of the Society in London, not to hazard its present harmony and future welfare, by any sudden infringement of its fundumental principles; nor to risk the loss of attachment and support in the country at large, by any unnecessary changes in the Society's list of books and tracts. The sale and distribution of both, in the Exeter District, has been for many years the largest in the kingdom; and the Committee are fully convinced, that if any of the works on that list should be summarily erased, or even if any mode of discontinuance, other than the present, should be adopted, consequences might ensue, injurious alike to the interests of the Society, and the faith of its members.

Pious and sober-minded men have long been in the habit of regarding the Society's list as in some sort a standard of doctrine; and frequent alterations in it, or the removal of tracts to which they have been accustomed, would assuredly alarm and disturb them; and in the judgment of the Exeter Diocesan Committee, not only would the sale of their publications be diminished, but feelings of doubt and distrust would spread among their members.

They would, therefore, most earnestly and respectfully suggest to the Standing Committee in London, and through them to the Board, the great importance of communicating with the distant members of the Society throughout the country, on all matters affecting the fundamental principles and regulations of the body; and, while they disclaim all invidious comment, and deprecate all invidious discussion upon the names of individuals, they cannot conceal their conviction of the necessity of entrusting the selection and revision of books and tracts to such hands only as have merited and received the confidence of the Society at large.

S. P. C. K.-LINCOLN'S INN FIELDS.

AT the meeting in the early part of last month, the Refractories were outvoted, on Mr. Hill's motion, by ten to one. A special meeting is appointed for the 2d of May, at one o'clock, for the purpose of taking into consideration the appointment of a Book and Tract Committee, with three Bishops for referees; and to which Committee all questions relating to books and tracts shall be referred.

S. P. C. K.-SALISBURY DIOCESAN AND DISTRICT COMMITTEE.

THE nineteenth report of this Society, which was read at the last annual meeting, is now printed. And we are happy to find in it the following gratifying statements respecting its receipts, and the distribution of its religious publications during the year past. The amount of receipts, including the balance of last year, is 447/. 17s. 2d., whilst the expenditure has been 387/. 16s. 1d.; leaving a balance of 90l. 1s. 1d. to meet any future calls on the aid of the Society. The distribution of religious books during the year in the district of Salisbury and its neighbourhood, has been as follows; Bibles, 388; Testaments and Psalters, 549; Prayer Books, 1009; other bound books, 609; half-bound and stitched, 3640; and card-papers, &c., 1814; making a total of 8009. It is understood, that the Committee propose that a public shop should be opened in the course of the year, in a convenient situation in the city, for the sale of the books and tracts of this admirable Society, including those of the General Literature Committee, under whose superintendence the Saturday Magazine is published.

S. P. C. K. AND S. P. G.-STAMFORD DISTRICT COMMITTEE.

A LARGE and most respectable meeting took place lately at Stamford, in behalf of the above Societies. The Marquis of Exeter in the chair. After numerous and eloquent addresses, a collection was made, amounting to 71l. 5s. 6d., exceeding the previous year's collection, by 197. 12s. 3d.

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