matter of this treatise. It is upon the Law of Advowsons, and it naturally commences with their origin and history. But we have looked in vain for any clear account of one very important and considerable portion of them. We allude to those livings which are in the gift of the crown. It does not appear how or when they became so invested: and still less why a certain part of them has become the patronage of the Lord Chancellor; and the remainder, of other ministers of state. We are far from questioning the legality on the expediency of this arrangement. We do not know that they could be in better hands. But it does appear rather extraordinary that such a matter should apparently be involved in so much obscurity. We are told indeed, that "in consequence of his prerogative in church matters, the king is patron paramount of all benefices in England:" and, "that the right of presenting to such benefices as do not belong to other patrons belongs to him." But it does not appear whether the king as founder was the original patron of any of these churches: or if otherwise, how the original patrons have lost their rights.

"The right of presentation to a church (says Mr. M.) origiginally commenced in the endowment, or foundation of the church, or in the donation of the soil on which it was built; or as the old books express ratione Donationis, ratione Fundationis, ratione Fundi." He then goes on to say that "the original rights of church patronage in England have been the subject of a variety of opinions"-from which he draws certain conclusions. But none of them throw any light upon the existing patronage of the crown. "In the earliest Saxon times (he says) the interest and government of churches were exclusively in the bishop" and this when "many churches were erected by the kings." This continued till lay foundations commenced about the 8th century. "These originated in laymen desiring the country residence of chaplains and other spiritual persons; whence thanes and lords of manors began to build oratories and churches, which were endowed by the founders with a peculiar maintenance for those incumbents who should reside there, and there only." Hence Advowsons became naturally appendant to manors. And when they were severed from them by a particular grant of the Advowson only, without any other interest in the land, they were called by a term which does not appear now at least to be very happily chosen-namely-Advowsons in Gross. That is if a man had the Advowson and nothing else, he was said to have it it in gross-if with the manor, then it was appendant. But still here is no trace of crown patronage, except where the manors belonged to the crown. We must travel a considerable way

.

with Mr. M. before we come to any thing upon which we cant build a conjecture of our own upon this subject.

The 5th chapter treats of appropriations, and shews in what manner certain livings were annexed to the monasteries then existing in England, And informs us that

"These monasteries after first officiating in the churches themselves (rather a singular operation by the way) soon began to appoint annual curates taken from their own body, either by turn or lot, who were called secular priests, and accounted for all the profits of the church, to the house from whence they were selected."

At the dissolution of monasteries by the 27th and 31st Henry VIII. it was enacted

"That the king should have and enjoy to him and his heirs for ever, all monasteries, parsonages, appropriate and religious houses, with their sites, circuits, precincts, and revenues, in as large and ample a manner as the abbots and religious houses held and enjoyed them."

Hence we apprehend may have sprung the patronage of most of those livings which are at present in the gift of the crown: though in opposition to this conjecture, we are told, that

"The religious corporations being thus dissolved, the king granted the advowsons and other of their possessions to laymen, and the advowsons, benefices, rectories, and livings which have since that period got into lay hands, are called impropriations, of which there are in England about three thousand eight hundred and forty-five, in contradistinction to those in the possession of spiritual persons."

So that it should appear, that the attachment to glebes and tithes is not peculiar to churchmen. But we will not anticipate what will come more regularly under another article which calls for our notice.

We have thus offered a slight specimen of Mr. Mirehouse's book. If upon the particular point upon which we have commented, it does not give us any satisfactory information, we conclude that it is because none such is to be had. Upon other matters, such as presentations, institution and induction, lapse, and simony, we have no doubt the law is accurately laid down, as it seems to be duly fortified with authorities: and we can recommend the work to our clerical readers, as an useful addition to their collections, as well as to those of that profession, for which it is more particularly intended.

• An Impropriator-Dr. Johnson defines to be "one who seizes to himself.”

A View of the Revenues of the Parochial Clergy of this Kingdom, from the Earliest Times. By the Rev. DANIEL LYSONS, M.A. F.R.S. and F.S.A. Rector of Rodmarton, in the County of Gloucester! 8vo. 112pp. 2s. 6d. Rivingtons. 1824.

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THIS is a very important little pamphlet, which we hope will obtain, as it deserves, an extensive circulation; because it cannot fail to remove many erroneous impressions, and to expose many wilful misrepresentations of the subject upon which it treats. It was first published some years ago, and is now reprinted, on a presumption that it may be found interesting at a time when the subject of ecclesiastical revenue has, in a more than ordinary degree, attracted the attention of the public." To this point, (if our space will permit) we shall shortly advert at the conclusion of this article: when after having shewn from Mr. Lysons, that many, very many of the clergy have too little, we shall say something in behalf of those who are charged by some persons with having too much.

We shall not stop to prove the divine and legal origin of tithes.-An institution, so supported, may well be presumed to be founded in the very nature of things. Confining our views to this kingdom, we find, that it "had been universally divided into parishes before the year 970, about which time it was provided by the laws of King Edgar, that every man should pay his tithes to the mother church of the parish to which he be longed."

"These," (it is truly observed by Mr. L.) "were the golden days of the church, when the parochial clergy had every man an income adequate to the support of himself and family, notwithstanding his par-' sonage was charged with the repair of his church, and the relief of the poor; for the price of labour being then well proportioned to that of the necessaries of life, none needed relief but the impotent, the destitute widow, or the infant orphan."

We think this a complete answer to those who are apt to remind us of the original three-fold application of tithes. Restore to the church its ancient revenues, and it will cheerfully perform all the conditions upon which they were granted. The first serious injury to the parochial clergy, and through them to religion, and the community in general; arose from the rapacity of the monastic priesthood. Their "appropriations" of parochial tithes to their monasteries, prepared the way for the future "impropriations" of them by Henry VIII. to laymen, who,

"*

So called (says Sir Henry Spelman) because they were improperly in the bands of laymen. This pamphlet, p. 23.

however, appear long before to have discovered an appetite for this species of food. For "within 100 years after the conquest," it seems that," most of the parish priests in England were become tributary to their patrons, and paid such large pensions to them, that they were not able to subsist with decency and credit." Still, considering the state of celibacy, to which they were restricted, the condition of the parochial clergy was at this time tolerable, if we may judge of the rest from the allowances made to the "Vicar of Taunton," as exhibited in the Note in the 9th page. But the monks continued to vex and oppress them. "The perverse modus decimandi was, in a great measure, a stratagem of theirs, to incline their tenants to pay their full tenth of corn and hay to their proper uses, and to give but a small trifle for their smaller tithes to the vicar." But in due time they received the just reward of their multiplied iniquities. The dissolution of the monasteries put an end to their infamous extortions. "And this," as Bishop Kennett justly observes, "was the proper season for doing justice to the parochial clergy, for restoring those alienated goods to the altars defrauded by them, or, in a proper sense, rendering unto God the things that were God's." But Henry VIII. as Mr. L. says, was no friend to the parochial clergy. He even made their condition worse than it was before. And he remarks, that to Mary with all her bigotry and cruelty they were more indebted, than to her glorious successor: for that "all ranks of the clergy suffered more grievous hardships and oppressions during her government, than under that of any of our monarchs." From this time till the reign of Queen Anne we are presented with a series of the sufferings of the clergy, aggravated by occasional abortive plans for their relief. But it is remarkable, that the justice of their complaints was always acknowledged, though they constantly failed to obtain redress. Not only did the University of Oxford, in 1408, and the general council of Constance, in 1418, take up their cause: but we find even the Commons in Parliament repeatedly remonstrating strongly in their behalf.

"Impropriations, radix omnium malorum, still continued, universally acknowledged, though unredressed. Notwithstanding, that the learned Selden, whose History of Tithes breathed such hostility to the church, as to subject him to ecclesiastical censures, said, 'I doubt not but that every good man wishes, that at the dissolution of monasteries, both the lands, and impropriated tithes, and churches, possessed by them (that is, things sacred to the service of God, although abused by such as had them) had been bestowed rather for the advancement of the church, to a

better maintenance of the labouring and deserving ministry: than conferred with such a prodigal dispensation, on those who stood ready to devour what was sanctified.'"

And the same opinion was advanced about the same time by Lord Bacon.

"It were to be wished," he says, " that impropriations were returned to the church, as the most proper and natural endowments thereof. In my own opinion and sense, I must confess (let me speak it. with reverence) that all the Parliaments since the 27th and 31st of Henry VIII. (who gave away impropriations from the church) seem to me to stand in a sort obnoxious, and obliged to God in conscience to do something for the church, to reduce the patrimony thereof to a competency. For since they have debarred Christ's wife of a great part of her dowry, it were reason they made her a competent jointure."

But we meet afterwards with an able, upright, and eloquent, though unsuccessful advocate of the clergy, where we should hittle have expected it, amongst the zealous parliamentarians, on the eve of the civil war. We cannot forego the pleasure of transcribing a few sentences from Sir Benjamin Rudyerd's Speech; referring our readers for more to Mr. L. and for the remainder to a scarce work, called "Ephemeris Parliamentaria."

"In the first year of the king," says he, "and the second Convention, I first moved for the increase and enlarging of poor ministers' livings. I shewed how necessary it was to be done: how shameful it was that it had been so long neglected. I declared also, that to plant good ministers in good livings, was the strongest and surest means to establish true religion; that it would prevail more against papistry, than the making of new laws, or executing of old. It shall ever be a rule to me, that where the church and commonwealth are of one religion, it is comely and decent that the outward splendour of the church should hold a proportion, and participate with the prosperity of the temporal estate. And for my own part, I will never give over soliciting this course, so long as parliaments and I shall live together."

This is the language of a man, who, upon another occasion, speaks thus of himself.

"Let no man think that what I have said is the language of a private end; my aim is upon the good success of the whole; for I thank God my mind stands above any fortune that is to be gotten by base and unworthy means. No man is bound to be rich or great, no, nor to be wise, but every man is bound to be honest out of which heart I have spoken."

But neither the justice of their cause, nor the eloquence of their advocates, availed to procure any restoration of their