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1831.)
History of Tithes.

5 price of the produce of land, he has people, the Barons and nobles, in obethese interrogatories. “Why, we ask, dience to the injunctions of Augustin is all to depend upon the will of any and his successors, gave tithes and Archbishop or Bishop? Why is the glebe lands for the endowment of cumbrous and costly machinery to be Churches, &c. as certain charters renewed at intervals? Why these now extant, and the claim made by partial provisions in favour of the re King John of the right of his nobles ceiver of Tithes, and none in favour to found Churches within their seigof the payer ?” He thus intimates nories, by the custom of the realm, that there is partiality where none plainly evince. Such Tithes were reexists, and endeavours to induce the gularly paid according to the ancient farmers to consider any thing short of usage and decrees of the Church, prean eternal lease on their own terms, viously to any regular statutes, which without consent of the guardians of is evident from a canon of Egbert, the property, an intolerable hardship. Archbishop of York, A. D. 750, and This may suffice to justify my expres from the 17th canon of the General sions.

Council held for the whole kingdom I now proceed to an impartial epi. at Chalcuth A. D. 787. About Å. D. tome of the history of Tithes, &c. 793, Offa, King of Mercia, passed a

The priests under the Mosaic dis law to secure the Tithes of his kingpensation were supported by Tithes dom to the Church (Offa Rex Mer. and offerings. It was evidently the ciorum nominatissimus, Decimum omwill of the Divine Founder of the nium rerum Ecclesiæ concedit), and orChristian Religion, that the ministers dered his subjects to pay them regu. of the Gospel should be supported by larly under severe penalties. Again, the laity, which appears from his about A. D. 855, Ethelwolf, immecharge to the 70 missionaries. “Carry diately after the union of the kingneither purses nor scrip, nor shoes, doms of the Heptarchy, secured by a &c. for the labourer is worthy of his regular statute the Tithes of the whole hire.” From many passages in the land to the Clergy, to be held by them New Testament have strong in their own right for ever (jure pergrounds for concluding, that He de- petuo possidendam). From this time signed that Christian ministers should to the Conquest many statutes were be maintained as the priests had been enacted for enforcing the payment of under the former dispensation, i. e. by Tithes, &c.; and when William the Tithes and Offerings; for instance, Conqueror framed a code of laws for “ If we have sown unto you spiritual the government of his English subthings, is it a great thing if we shall jects, the Tithes were secured to the reap your carnal things? Do ye not Clergy, according to laws already know that they which minister about enacted, and he solemnly swore to holy things, live of the things of the observe the laws and customs granted Temple ? and that they which wait at to the people by the Kings of Engthe altar are partakers with the altar? land, his lawful and religious predeEven so (outw) hath the Lord ordained, cessors, and particularly the laws, that they which preach the Gospel

customs, and franchises, granted to should live of the Gospel.” Hence the Clergy by the glorious St. Edward we find the early Fathers exhorting his predecessor. The original guartheir hearers to contribute Tithes for dians of this property were the King, the support of the Clergy. So early with his council of Bishops and chiefs as A. D. 356, it was decreed at á of the realm (Rer cum consilio EpiscoCouncil, that Tithes were due to mi rum ac principum): but in process of nisters of the Gospel as the rents of time, during the four centuries subseGod (Dei census). Again, it was de. quent to the Conquest, the Pope gracreed at the Consilium Romanum, dually usurped the sole authority over A.D. 375, “That Tithes and First- ecclesiastical affairs, as is evident by fruits should be given by the faithful, resolutions entered into by King Edand that they who refuse be stricken ward the First and his Barons at a with the curse." (Ut decimæ atque Parliament held at Carlisle ; when the primitiæ a fidelibus darentur ; qui de- King, by the assent of his Barons, trectant anathemate feriantur.) After denied the Pope's usurped authority the Christian Religion had been em

over the revenues of the Church braced by the majority of the English “ within England,” alleging, that

we

6
History of Tithes.

[Jan. they were founded by his progeni or any of them,” and (according to tors, and the nobles and others of the the oath of the Union with Scotland) realm, for the service of God, alms, “to maintain and preserve inviolably and hospitality.” When the Pope the settlement of the Church of Engthrough his legates, &c. had applied land, and the doctrine, worship, disthe property given to the Church to a cipline, and government thereof, as purpose foreign to the intention of the by law established ;” and they have donors, the statute 26 Henry VIII. exercised their authority as guardians, deprived him of his power, and ap- consistently, in enacting divers laws pointed the King as sole guardian of and regulations. Finally, by_39 and ecclesiastical affairs; and it was enact. 40 Geo. Ill. the Churches of England ed, that the King our Sovereign Lord, and Ireland, as now by law establishhis heirs and successors, Kings of ed, were united into one Protestant this realm, shall be taken, accepted, and Episcopal Church, called “the and reputed the only supreme head on United Church of England and Ireearth of the Church of England. .. land.” And shall have power from time to From the preceding statements it time to visit, repress, redress, reform, appears that the Government, as conorder, correct, restrain, and amend, stituted of King, Lords, and Com. all such errors, heresies, abuses, of mons, is guardian over the Establishfences, contempts, and enormities, ed Church of England and Ireland ; whatsoever they be, which by any with power to visit, repress, redress, manner of spiritual authority or juris- reform, order, &c. most to the pleadiction may lawfully be reformed, re sure of Almighty God, the increase of pressed, redressed, corrected, restrain virtue in Christ's religion, &c. but ed, or amended, most to the pleasure that it cannot alienate its revenues, or of Almighty God, the increase of vir take away its rights and privileges, tue in Christ's religion, and for the without being guilty of robbery, saconservation of the peace, unity, and crilege, and perjury. tranquillity of the realm ; any usage, Doubtless the present system of custom, foreign laws, foreign autho- taking Tithes acts as a prohibition on rity, prescription, or any other thing the less fertile soils, often occasions to the contrary, notwithstanding. strife between pastors and their flocks, And the Clergy, in convocation, ac gives arbitrary and litigious men knowledged his Majesty as the only power to harass and perplex others; protector and supreme lord, and as and causes the deserving Clergy, for far as accords with Christ's law the

the sake of peace, to be deprived of supreme head of the Church (ecclesiæ half their incomes. If, according to et cleri Anglicani, cujus singularem pro the principle of his Grace the Archtectorem et supremum dominum, et, quan- bishop of Canterbury's Bill, it were tum per Christi legem licet, etiam su enacted that two commissioners, one premum caput ipsius majestatem recog chosen by each party, should fix a noscimus). This prerogative was ex rate of composition every 21 years, ercised, though often improperly, by subject to regulation every seven each of Henry's successors, until the years by the price of the produce of glorious Revolution of 1688 ; when the land, and that the Clergyman's supremacy was limited, and it was

churchwarden or other deputy, should decreed as illegal for the King alone collect the same yearly for the ministo enact any law, &c. “without the ter, by a summary process similarly advice and assent of the lords spiritual to other parochial rates, it would reand temporal, and commons in Par move all cause of contention, and be liament assembled, and by authority a benefit; and it ought to satisfy both of the same.

From that time to the the receiver and payer of Tithes. But present, the King, Lords, and Com an eternal lease, as recommended by mons, combined, have been guardians the writer of the article “on the Comover the rights, &c. of the Established mutation of Tithes,” is impracticable ; Church, “ to preserve (according to and it would be unjust toward both the Coronation oath) unto the Bishops parties; because the farm, which is and Clergy of this realm, and to the now in the highest state of cultivaChurches committed to their charge, tion, may by overcropping or neglect all such rights and privileges as by become so unproductive in fifty years law do or shall appertain unto them time, that it would scarcely produce

a

1831.) Castle and Family of Prince Polignac.

7 the Tithes at the present valuation; nity at having given his own name and the contrary.

from remote antiquity to so singular In our ancient law books, Tithes and commanding a rock.* But if, are briefly defined “to be an eccle with the name, it belonged to me, I siastical inheritance or property in the would scarcely sell it for a province. Church, collateral to the estate of the The building is of such antiquity, and lands thereof;” and no other support the situation so romantic, that all the for the Clergy appears so likely to feudal ages pass in review in one's produce efficient ministers to preach imagination : by a sort of magic in

right things” rather than “smooth fluence, you recognize it for the resithings,” and thus keep up a sound dence of a lordly baron, who, in an tone of religion and morals in the age more distant and more respectacountry.

ble, though perhaps equally barbarous, A FRIEND TO IMPROVEMENT, BUT was the patriot defender of his counA LOVER OF JUSTICE AND try against the invasion and tyranny Good Faith. of Rome.

In every age since the hor

rible combustions that produced it, MR. URBAN,

Jan. 2. such a spot would be chosen for secuAS the administration and trial of sity and defence. To have given one's the Prince de Polignac (with the mo name to a castle without any lofty mentous consequences attending them) pre-eminence or singularity of nature, have so lately engrossed the public at in the midst, for instance, of a rich tention, I think that the following spi- plain, is not equally flattering to our rited sketch of the ancient seat of the feelings. All antiquity of family defamily, extracted from the late Arthur rives from ages of great barbarity, Young's Travels through France in where civil commotions and wars 1789, will be interesting.

swept away and confounded the inhaSpeaking of the scenery and singu- bitants of such situations. The Brilar rocks in the vicinity of Le Puy, the tons of the plains of England were writer observes :-"The castle of Po driven to Bretagne, but the same peolignac, from which the Duke takes his ple in the mountains of Wales stuck title, is built on a bold and enormous secure, and remain there to this day. one. It is almost of a cubical form, and About a gun-shot from Polignac is towers perpendicularly above the town another rock, not so large, but equally which surrounds its foot. The family remarkable; and in the town of Le of Polignac claim an origin of great Puy another commanding one rises to antiquity; they have pretensions that a vast height, with another, more singo back, I forget whether to Hector or gular for its tower-like form, on the Achilles, but I never found any one in top of which St. Michael's Church is conversation inclined to allow them built.” more than being in the first class of By the following pedigree, extracted French families, which they undoubts from a valuable genealogical work in edly are. Perhaps there is no where French, in the library of John Lee, to be met with a castle more formed Esq. LL.D., fit appears that the name to give a local pride of family than and estate of Polignac came into the this of Polignac. The man hardly ex present family by a marriage with the ists that would not feel a certain va

heiress in the 14th century:Gilleaume Sieur de Chalancon=Vualberga Viscouutess of Polignac, 1st wife.

Pierre Sieur de Chalançon, Vicomte de Polignac Margarite de Saligoy. Louis Armand, Vicomte Isabeau de la Tour, fille de Bertrand Comte d'Auvergne de Polignac.

et de Boulogue. (see next page.)

a

* The reader will recollect that Mr. Young was a country gentleman devoted to agriculture, and not deeply versed in antiquities; he would otherwise have knowu that the place (whose first syllable indicates its position, in the Celtic tongue) gave name to the family, according to the custom of the middle ages.

+ We have added the three latter descents, partly from the Dictionnaire Genealogique Buis, 1765.-Edit.

8

Prince Polignac and Family.

[Jan.

a

Gilleaume-Armand Viscomte de Polignac, Sieur Amadee de Saluces, Dame de Caramagnes de Chalencon, mort en 1473.

en Savoye. Gilleaume, Vicomte de Polignac, Maitre des Requêtes Margarite, fille d'Antoine de l'Hotel du Roi.

Sieur de Pompadeur. Phillibert de Clermont. Francois-Armand, Visc. de Polignac TAnne de Beaufort.

Louis-Armand, Visc. de Polignac, F Francoise de Claude Armand, Visc.
Baron de Chaleucon.

Montmorency.

de Polignac, s. p. Gaspar-Arinand, Visc. de Polignac, Marq. Claudine Francoise de Tournon, fille du Comte de Chalencon, Chevalier des Ordres du Roi.

de Rousilloa, & Magdaleine de la Rothfoucauld.

Louis-Armand, Visc. de Polignac, Isabella-Esprit de la Baume, Jacqueline de Beauvoir, Marq. de Chalencon, Chev. des Or. dau. of Ferdinand Comte de dau. of Scipio Count dres du Roi, Gouvernor de Vivarez. Montrevel; 2d wife. du Roure; 3d wife.

Hercules - Louis Diane-Adelaide. Francois-Camille, Sidoine-Apolinaire-GaspardMelchior-Ar Zephirine, niece styled the Marquis Scipion, Marq. de Polignac, mand, 19th Vi to the Duc de

de Polignac; mar. &c. &c. comte de Po-Nevers,* mar in 1742 the only Melchior de Polignac, Amlignac, Marq. ried 1738.

dau, of the Presi bassador for the Treaty of de Chalencon,

dent de la Garde, Utrecht, and afterwards to born Feb. 1,

and had a family Rome ; made a Cardinal in 1717.

Denis-Auguste.

1712, by Pope Clement XI. Philippe-Jules-Francois, bapt. Jan. 1, 1747.—Dame d'Atours.

Armand de
Polignac.

Jules de FHon. Anne-Sarah-Catherine Parkyns, dau. of Thomas 1st Lord
Polignac. Rancliffe, widow of the Marq. de Choiseul, 7 mar. June 1, 1824.

The friendship between the Queen his tenth year, the father invited all of Louis XVI. and Madame de Po- his companions in misfortune, and lignac, mother of the late minister, some other friends, and shewed them which brought the family into a more into a room, where, upon a table, a immediate connection with the Court, crucifix and two lighted candles had is said to have risen from an acciden been placed. He then ordered young tal meeting. Her fascinating manners Jules to approach the table, and, in are much dwelt on by the accom imitation of Hamilcar (Hannibal's faplished Tweddell, who was some time ther) bound him by an oath, that he in her society in the Ukraine, 1 and would always oppose the French Rethe elegance and refinement of the volution, and the principles to which Dame d'Atours appear to have gained it had given birth. a partial victory over the rugged prin Whatever credit may be given to ciples of ultra-Whiggism which were this story, it is certain that the father then entertained by our distinguished deeply inculcated in his children a deand lamented countryman.

testation of all the enemies of the The father of the ex-Minister emi. Bourbons. Both his sons were imgrated at the commencement of the plicated in the conspiracy of 1804, Revolution, to Radstadt in the Grand when the life of Napoleon was atDuchy of Baden; and afterwards re tempted by what was styled the Insided, with the Royal Family, at Edin- fernal Machine. Armand was conburgh.

demned to death (but did not suffer); It has been related that on the birth- Jules to two years imprisonment. day of Jules, when he had attained Yours, &c.

G. M.

Louis-Jules, Duc de Nivernois, who was Ambassador in England to treat for the Peace of 1762, was a son of this Duc de Nevers. + “Une de plus grandes et plus considerables maisons du Royaume.”—Des Bois. See his “ Remains."

§ See our vol. lxxiv. p. 677.

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