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PREFACE. say, that when Law has obtained that domination which commands obedience, the middle ranks know their security; and when knowledge is diffused, their competency to contend with prescriptional claims. It has ever been the result of a commercial and monied establishment in a nation to overpower hereditary aristocracy. Government, in all nations, began with clans, and was followed by Timocracy (the amount of property determining the share of governing power), and this was in turn overthrown by Democracy, the leaders becoming in the end tyrants.
To use the words of the Editor of Madame du Deffand's Letters, recently published,
“ The great question of numerical majorities marshalled against all exclusive institutions, and against all accumulations of property, seems about to be placed in the most unequivocal terms before all the Governments of Europe. On the manner in which they receive and reply to these intimations depend such fearful chances as the mind almost recoils from investigating. On the one side, more popular institutions may be feared, as possibly leading to a want of public peace and security; on the other side, strengthening the arm of power in the old institutions, may serve only to envenom opposition, and produce prolonged disorder."
May our beloved King and his Ministers steer the safe course between these opposite extremes; and thus prove themselves to be the happy means, under Providence, of handing down our glorious Constitution in Church and State, to the latest posterity.
June 30, 1831.
[PUBLISHED FEBRUARY 1, 1831.]
History of Tithes.........
Hunter's English Monastic Libraries. 44
7 Pinkerton's Currespondence........ .46
Syrian Christians of St. Thomas in India...ib. A Clergyman's Advice to his Flock, &c...67, 68
Savings Banks, Letter from Mr. Tooke to
....... 23 Lord Brougham on Local Courts, &c...71-74
Cambridge Prize Compositions............ 26, 27
OBITUARY; with Memoirs of Lord Henley,
Hon. P. Roper, Count Lipsingen, Visc'tess
Massareene, Capt. Sir R. C. Spencer, Archd.
The recent Proceedings on the proposed Re Bill of Mortality.—Markets, 94.—Shares ...95
Room at the TANKARD INN, Ipswich ;
( 2 )
Mr. URBAN,—You may believe me I am birth, or the date of her marriage, which is far from being offended with your free re merely stated as soon after the death of the marks on the Phänomenon (Gent. Mag. first Duchess (circa 1726), or can inform Aug. p. 149) I have described in my work me of the christian name of Major-General on Atmospherical Electricity, and which Holmes's daughter, who was the first wife of you have been pleased to designate the Duke, and inother to the Marquis of palpable exaggeration.” I rather accept Malmesbury, he will confer a favour on G.L.” this as an honest expression of your love of In reply to T. E. p. 482, who asks for an truth, and an evidence of ingenuous can account of the disease called the miserere, dour, and as such honour and respect it. we find the following explanation in a glosPermit me, however, to assure you that I sary of obsolete terms appended to Dr. did" but repeat the language
“ of truth and Hooper's Quincey's “ Lexicon Medicum," soberness; nor can I do better in verifi- edition 1802. is Miserere Mei. This is cation than quote a paragraph from the re- applied to some colics where the pains are cent communication of a clergyman to me 80 exquisite as to draw compassion from a on this subject. “ Soon after leaving Chel- bystander, the term importing as much." tenham by the coach, at a short distance The Rev. Archdeacon WRANGHAM oba dense fog came ou, and the air became serves—“May I beg you to convey to your colder. The fog settled on the seats and classic correspondent, Mr. M-ow-e, (see clothes of the passengers like long white p. 391), my best thanks for the high and fur. This continued nearly one hour, when valuable compliment which he has paid to the fog disappeared, and the sun shone me in his communication ? Alas! I am forth; the weather through the month of growing too old for discharging competently March had been fine without rain ; the the duties of such editorship
as your corroads were perfectly dry where there were respondent's correct taste would justly exno trees by the road side. In a short time pect. Non sum qualis eram. Why should we observed a wet place extending in a se he not undertake the task himself! He micircular form over half the road; the evinces his fitness for the office by the estidegree of wet was equal to what a water mate which he has made of it. And he cart produces, and water rap from the place would execute it, I have no doubt,excellently, for several yards along the dusty part of the I should rejoice to hear it was in such road. The coachman said a spring had hands, and would forward its circulation by broken out, but there was never one there every means in my power.” before.” My informant continues to detail By a note in the MSS. of Browne other sources of wet observed on the same Willis, Esq. LL.D. in the Bodleian Library, line of road, each of which was traced to it appears that he had inserted in his copy individual trees, and their condensation of of Weever's Funeral Monuments, a partithe incumbent fog. The amiable philoso- cular description of arms and monuments pher of Selburde has recorded many in- remaining, in 1758, in Ludgershall church, stances similar to the remarkable example Bucks. Any gentleman who may be in mentioned by me.—Your's, &c.
possession of the volume, or can point out
J. MURRAY. where it may be found, will confer a great G. L. says, "Your correspondent J. B. favour upon the compiler of the History of will find in Langley's History of the Des- Buckinghamshire (now in the press, and borough Hundred, p. 442, a very imperfect the first portion of which will be speedily pedigree of the Wharton family, in which ready for delivery), by affording the opporthe second wife of Philip Duke of Whar- tunity of a reference to it. ton is stated to have died Feb. 13, 1777, The correspondent who favoured us with and to have been buried at St. Pancras. a view of Rousseau's house at Geneva, is He calls her Mad. Oberne, without any informed that it has been depicted more christian name, or further account of her than once ; it is described in vol. xci. i. 145. than that the unfortunate duchess came To R. S. W,. and W. B., and to our to England after the Duke's decease, and correspondents in general, we beg to say, died in February 1777. (Ib. p. 450.) The that though we feel grateful to any cortime of her death is mentioned, as above, in respondent who favours our Obituary with Gent. Mag. vol. XLVII. p. 95, where she is information illustrating personal, or even called Maria. If your correspondent would genealogical history, we cannot admit lengthbe so obliging as to mention his authority ened characters of persons who, though for this lady being the daughter of Col. among the cost estimable, and in their Comerford instead of Col. O'Brien (which I sphere most useful members of society, yet suppose to be the name mistaken and French- have moved in a contracted circle, unknown ified in the pronunciation), or can commu to the world beyond it. nicate any farther particulars respecting her No, to “ Ebor."
Jan. 1. full and unalienable gift of Tithes of I HAVE read with regret in No. all England, to be held by them in XI. of the Quarterly Journal of Agri- their own right for ever;" and that culture, which has rather an exten the right of Tithes is amply provided sive circulation, two articles on the for, at and after the Conquest. subject of Tithes. The first purport Though he has acknowledged all ing to be “On the History of Tithes;” this, and asserted that in cases of and the second, “On the Commuta doubt “there still remains one sure tion of Tithes,” headed by the title of and invariable principle to guide our the Bill introduced by his Grace the researches—the principle of human Archbishop of Canterbury; both of nature,” he so far forgets himself as which are filled with misrepresenta- to combat what he had before allowed, tions, disingenuous arguments, and viz. the private endowments of indivi. groundless conclusions, and are calcu- duals, in these words : “Had such enlated to excite a feeling of hostility in dowments in reality been made, the the breast of laymen against the Esta- Clergy would neither have urged blished Clergy. You would oblige Ethelwolf to pass this grant; nor one who is perfectly disinterested, by would the Barons hav sanctioned a inserting this Letter, containing an gift on his part, of what they themimpartial epitome of the History of selves had already bestowed.” Such Tithes, &c.
is this writer's opinion of the princiAllow me, in the first place, to ple of human nature, that he conbring forward a few proofs, from the cludes that men will feel no anxiety fore-named articles, of the truth of to have property secured to them by my assertions. The former writer statute ; and that it is unlikely that acknowledges, that charters are ex the Barons would allow Ethelwolf to tant, by which different proprietors convey and secure to the Clergy what granted Tithes, &c. to the Clergy; they had already given them; but that canons relating to Tithes are that they would doubtless very coolly found in the records long before any suffer him to give away one tenth of regular statute was enacted.
His their property without the slightest opwords are, “ In England as well as position !! And mark, Sir, the logic abroad, canonical regulations on this of this learned writer, as the Editor is subject existed before any regular sta- pleased to style him; because there tutes, a circumstance which is of it are private charters extant, by which self sufficient to explain the fact, that individual proprietors gave tithes, &c. even the earliest of these statutes to the Clergy; because speak of Tithes, not as a new exac- lating to Tithes are found in the retion, to which the people were strang- cords before any regular statute was ers, but as one with which they were enacted ;” because Ethelwolf conferred previously well acquainted.” He is the Tithes on the Clergy, “ to be held also compelled by Ethelwolf's statute, by them in their own right for ever ;" which he presents, as he says, in full because the right of Tithes was amply length in a note (but he takes one provided for at the Conquest ; because part from Ingulph, and the other from “each of our Kings on his accession Matthew of Westminster,) to acknow to the throne solemnly swears this ledge that it “confers on the clergy a oath, and binds and obliges himself
[Jan. to observe the laws, customs, and on pain of excommunication, nearly franchises granted to the Clergy;" 300 years before the first law was therefore “the main conclusion to be enacted. But, after all this partial drawn from the preceding statements and disingenuous reasoning, he is is, that the civil right of Tithes ema compelled to conclude thus : “ On nated originally and alone from the whatever pretence then a right to the ancient Legislature of the nation !! tenth part of the produce of the counThis point being established, the title try was at first obtained, and however of the existing Legislature to alter, to unwise the laws may be held to be modify, or to annul this right, when, which confirmed the claim, the right ever circumstances or the general wel- of the property is now in the Church fare of the country demands such a as an incorporated body, and by laws measure, cannot be denied !!!” This as valid and as ancient as those by writer has a wonderful system of lo which any property in this country is gic; for, with about two or three syl. inherited or possessed.” Notwithlogisms, he would square the circle, standing this conclusion, he proceeds reverse Kepler's law, and Newton's to rail against the Tithes as “an imtheorems, and make each of the pla- post upon property,” an impost of nets dance a hornpipe.
the worst kind,” as a tax grievous The writer of the second article and offensive in its nature,” &c.!!commences by asserting that the re How an impost or tax, if such wellvenues of the Church of England, secured property? Again, a great “though ample, are not excessive.” want of candour may be observed in He afterwards enters into a very par- his arguments to show the effect of tial examination of the origin of Tithes on agriculture. “ It used to Tithes; in which he eulogizes Selden, be (he writes), and still is over a great so far as his testimony favours his fa- part of the country, a common calcuvourite hypothesis, viz. that Govern lation, that one third part of the whole ment gave the Tithes to the Clergy, produce of land is paid as rent; one and therefore may “take them away, third as expenses ; and that one third or “justly secularize them;" by styl. is left to the farmer for profit, the risk ing him
the learned and ingenious of his stock, and the expenses of his John Selden,” the “profound Anti own maintenance. Now a tax (adds quary, who, with great learning, he) equal to a tenth part of the whole traces the origin and progress of produce, would in such a case be a Tithes from the earliest times." But tax equal to thirty per cent. on the when this learned and ingenious John portion which remains to the farmer.” Selden states that originally the Tithes Thus he insinuates that the Tithes are “ were gifts of the laity conveyed by taken from the farmers' profit; when grants and charters to the different every one who reflects at all, knows Churches by their patrons and found that they are taken from the part ers,” he immediately exclaims, “ the which would otherwise go to the whole hypothesis, however, is opposed landlord. As a well-informed counto historical fact, and to the known try gentleman has observed, “The history of the Tithes !!” This op farmers are the only persons who geposed to historical fact! when Hume nerally complain on this head; but if says, "and the nobility preferring the they are wise, they will never wish security and sloth of the cloister to for the abolition of Tithes; for what the tumult and glory of war, valued they now contingently get from the themselves chiefly on endowing monaste- moderation of the Clergy, the landries ;" when King John, in a letter to lords would immediately put into their Pope Innocent, claims the right of his own pockets; and the farmers, burdened Barons, &c. to found Churches within with increased rents, rates, and taxes, their seignories by the custom of the would feel how indiscreet were their realm; and when the writer of the first former complaints.” Lastly, after article acknowledges, that charters are stating the purport of the Archbishop's extant by which the nobility gave Bill, which is, that an Archbishop or Tithes to the Clergy prior to any re Bishop, as a guardian of the Church gular statute. This opposed to the property, shall name one commissioner, known history of the Tithes! when and the parishioners another, to fix this very writer, a few pages before, a rate of composition for 21 years, to has said that Tithes were demanded be regulated every seven years, by the