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MINOR CORRESPONDENCE.

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 afler the death of the marks on the Phenomenon (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 “a the Duke, and mother to the Marquis of palpable exaggeration." I rather accept Malmesbury, he will confera favour on G.L.” this as an honest expression of your love of Jo 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 so 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 deose 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-s, (see clothes of the passengers like loog 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 che 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 evioces 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 ran 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 philuso- 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 wost 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."

THE GENTLEMAN'S MAGAZINE.

JANUARY, 1831.

ORIGINAL COMMUNICATIONS.

ON TITHES. Mr. URBAN,

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 indivigroundless 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 have 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 its 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 “ canons respeak of Tithes, not as a new exac- lating to Tithes are found in the re. tion, 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

On Tithes.

[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 : One 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

1831.]

History of Tithes. 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 eumbrous 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 paver?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 A. 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 Merand 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 reguof 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 we 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 80 (ourw) 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 a of the realm (Rex 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 Ed. and 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 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 Eng. through 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. III. 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 Comall 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 a 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

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