Page images
PDF
EPUB

Wilde, Serjt. and Platt, who shewed tithes, in the parish of Kingston : for cause, argued from the discrepancies if such tithes were rectorial, the plainbetween the Valor Ecclesiasticus of tiffs, as proprietors of the rectorial 1535, and the endowment, that some tithes, were entitled to recover. alteration bad taken place in the en- On the part of the defendant it dowinent before the 26 Henry VIII. ; was contended, that such tithes were and from the rolls of the first fruits, vicarial, and the endowment of the that the vicar's receipts had diminished vicar, made in the year 1974, by the before the 3 Eliz. From these circum- prior and convent of Merton, was stances; from the fact that the rector produced in evidence, by which, after had always enjoyed the tithe of po- a specific enumeration of the tithe of tatoes in fields; fiom the provision in various articles with which the vicar, the endowment, that when gardens is endowed, he “is endowed generally were subverted and cultivated by the with all small tithes whatever, due by plough, the prior should receive the custom or right, arising through the tithes of the blades of gardens so whole parish of the church of Kingston, ploughed; and from the reputation in and of the chapelries aforesaid, except the parish that the rector followed the those only which are specially reserved plough, and the vicar the spade, it to the prior and convent aforesaid ;" might be presumed, that, previously to and it was urged on the part of the the reign of Elizabeth, an agreement defendant, that as potatoes, whether had been come to, on sufficient con- sown in great or small quantities, sideration, that all roots and vegetables whether in fields or gardens, are small grown in open fields, when cultivated tithes, the tithes of potatoes, by the by the plough, should go to the very terms of this endowment, must rector.

belong to the vicar, not to the rector. Spankie and Comyn in support of Such is undoubtedly the construction the rule.

of this instrument of endowment: but The enjoyment by the rector may it is well established, that the original have proceeded from mistake, as po- endowment may have been altered by tatoes were long thought, erroneously, a new and subsequent endowment to be great tithes. If there were any made by all parties whose concurrence such agreement as the plaintiffs have is necessary, before the restraining supposed, it is incumbent on them to statutes. And again, that long and establish their case by producing it. constant perception of tithes by the The clear grant in the endowment to vicar not inentioned in the endowment, the vicar is not to be superseded by or the non-perception of any species vague presumption, or by accidental of tithes which are mentioned therein, descrepancies between the endowment with evidence of their perception by and the Valor Ecclesiasticus.

the rector, will afford a sufficient (Smith v. Wyatt, Clarke v. Stapler, ground for presumption by a jury, Dorman v. Currey, were incidentally that such augmentation or alteration referred to.)-Cur add. vult.

of the endowment has been made by TINDAL, C. J.—The plaintiffs in this some ancient and lawful or voluntary case declared in debt upon the statute agreement. The law is so well known 2 & 3 Ed. VI., as proprietors of the on this head, that it is unnecessary to tithes of potatoes within the parish of cite any cases: the result being this; Kingston, against the defendant, an that such an alteration may be valid occupier of lands within the parish, in point of law, but that the burthen for not setting out the tithes of potatoes of proving that it has taken place, in grown by bim within the parish. The point of fact, in any particular case, jury found their verdict for the plain- is thrown upon the rector. tiffs, and a rule has been obtained for Now, it is argued by the defendants, setting aside the verdict, as against the that no such agreement can be preevidence in the cause. The question sumed, in point of law, in the present at the trial was, whether potatoes case; because such alteration, in order grown in a field, which field was under to be valid, must have taken place the plough, were rectorial or vicarial before the restraining act, 13 Éliz.; and it is generally allowed, that po- endowment, there is a considerable tatoes were not known in England, or, difference between the two. To advert at all events, not cultivated, in open to no other than two instances the fields, prior to that time. To which endowment gives to the vicar the tithe objection, the answer that has been Sylvæ cæduc ;" the Valor omits it, given, and which appears to me to be and gives him the tithe “ Boscorutn ?" a sufficient answer, is, that although it the former tithable of common right, may be reasonably admitted that such the latter by custom only, again, was the case, and consequently that by the endowment, the vicar was no specific agreement relating to po- endowed with the tithe of wool, and tatoes, by name, could have taken lamb, and skins, in the chapels of place before the statute of Elizabeth, Ditton, Molesey, and Shene; in the still that such an agreement may have Valor, there is no mention of any such been made as to the class of tithe to tithe as due to the vicar, in any part which potatoes belong, as would in- of the parish. Some alteration, thereclude and govern the tithe of potatoes, fore, though to what extent may be when they were afterwards introduced. uncertain, must As, for instance, supposing an agree

the time of ment took place before the statute of granting the original endowment and Elizabeth, upon sufficient consider- the time of taking the Valor. ation, that all roots and vegetables But there is one provision in the grown in open fields, when cultivated endowment well worthy of observar by the plough, should go to the rector, tion :-" That if it should happen in and when cultivated by the spade, future that any gardens of the said should go to the vicar, such an agree- parish should be subverted or levelled. ment would be valid in law, and and that the land of the same sbould would clearly comprehend potatoes, be cultivated by the plough, then that when they came into general use. The the said prior and convent should question, therefore, in the present case, receive and take all the titles of the is, whether there was such a body of blades of whatever gardens and lands evidence laid before the jury at the were so ploughed." Again, that if trial, as to justify them in making the it should happen afterwards, that any presumption which they have done plough lands (not being of the manors upon the very question submitted to of the said prior and content) should them for their consideration. There be reduced to gardens, and dug by the is, undoubtedly, evidence on both foot, then the said vicar should have sides; and, perhaps, if the verdict and take the tithes of blade arising had gone the other way, we should from such gardens, during such times not have interfered to disturb it: but as they should be dug and cultivated undoubtedly there is so much evidence by the foot." The word bladun on the part of the rector, as to bring appears clearly, by another part of the this case within the general principle endowment, to comprebend rye, wheat, upon which the Court acts, viz. not and mislen. The provision seems to to disturb a verdict, unless it sees point to a distinction between the tithe clearly that the verdict is wrong. of the same article, when growing in

That some variation had taken place, fields under the plough, and when and some alteration been made in the growing in gardens under the spade: terms of the original endowment, in that in the first case, it should belong the interval between the date of the to the rector; in the second, to the deed of endowment, and the passing vicar; and when this is coupled with of the restraining statute, is evident. the reputation in the parish, that the The Valor Ecclesiasticus, which was rector followed the plough, and the made in the 26 llen. VIII. (1535), vicar the spade, we think it furnishes enumerates the various sources of a fair ground of support to the preprofit to which the vicar of Kingston sumption which has been made by the was entitled at the time of such value jury in favour of the plaintiffs. being taken; and upon comparing Lastly, it was proved that the tithe them, with the enumeration in the of potatoes is mentioned in the deeds by which the great tithes have been Upon this state of the evidence we conveyed from one rector to another, cannot think ourselves warranted in so early, at least, as the year 1738; sending the cause down to a new and that such tithe has been included trial. The learned judge has expressed in leases of the tithes, under which no dissatisfaction with the verdict; leases the rent reserved by the lease and it cannot but be observed, that has been paid. This fact is evidence this decision will not bind the vicar as of enjoyment on the part of the rector, to the rest of the parish, if he thinks wbilst there is a total absence of any proper to try his right as to other lands such evidence on the part of the within the same. vicar.

Rule discharged.

MONTHLY REGISTER,

SOCIETY FOR THE PROPAGATION OF THE GOSPEL IN FOREIGN

PARTS.

Tewkesbury District Committee. The general annual meeting of the zeal in procuring a King's Letter for Tewkesbury District Committee of the accomplishing so laudable an object Society for the Propagation of the as their emancipation from ignorance Gospel in Foreign Parts, took place at and vice, were more particularly the Town Hall, Tewkesbury, on Thurs- adverted to in strong terms of comday, the 1st ult. the Rev. C. White, mendation. The Committee then proVicar and Rural Dean, in the chair. ceeded to audit the accounts for the The meeting was respectably though year, which exbibited the names of not numerously attended, and it was some new subscribers; and it did not the opinion of all present that some separate without pledging itself to inmeans ought to be devised for insuring creased endeavours, individually and a larger attendance of Clergy and laity collectively, to promote the success of at the meetings of this venerable So the high and holy cause, and in parciety, and infusing a greater degree of ticular to aid it by making it known interest into its reports and proceed- in their neighbourhood, and procuring ings, than has been heretofore cus- the names, wherever possible, of additomary. The resolutions, which em- tional members. braced the usual topics, and called When this meeting broke up, it was forth many eloquent comments from proposed, by some of the gentlemen the members present, were unanimously present, to establish a depository in adopted. The report was read by the Tewkesbury, for the sale of books on Rev. R. Hepworth, one of the secreta- the list of the Society for Promoting ries, and detailed the proceedings of Christian Knowledge, a want long the Committee, and the affairs and severely felt in that town. After some prospects of the Parent Society, since farther conversation, it was resolved the Committee had last met. The to take preliminary steps immediately exertions of the Society in the cause of the emancipated negroes, and its

for that purpose.

POLITICAL RETROSPECT.

Domestic.--The Revenue returns quarters, ending respectively the 10th for the quarter present, on the whole, of October, 1834 and 1835, there will a favourable aspect. Upon a com- appear an increase of receipt in favour parison of this financial year with the of the latter of 344,2221. The dislast, there is a deficiency of income to similarity of produce of the two years the amount of 1,084,6001. against the appears to be occasioned altogether former, whilst by collating the two by the falling off in that of the assessed

VOL. XVII, NO. XI.

U

[ocr errors]

taxes, under which head alone, from the reductions made and continuing, there is apparent a defalcation of 992,1981. upon the year, and 153,5941. upon the quarter, making together 1,145,7921. which exceeds by a large fraction the deficiencies upon the whole of the present year. In other respects, the accounts of the two years and quarters tally pretty nearly. From the circumstance of one large class of duties having been transferred from the Excise to the Customs, and vice versá, there is an apparent disparity; but the productiveness of one nearly makes amends for the deficiencies of the other. Thus, the account of Customs shows an increase upon the year of 2,182,9511.; and upon the quarter

to shake the condence of the Demagogues, and if Sir Robert Peel can be induced once more to take the helm, and a new parliament be summoned, there can be no doubt that the returning sense, and patriotic feeling of Englishmen, will render the skulfing papists, and booing Scots, a dead letter, and defeat the sanguinary band of Romanists and Infidels-Unitarians and Atheists-Congregational Dissenters and Nullifidians,—who differing wide as the poles on every substantial point, are only united for the destruction of the Church.

But let us turn from the sickening details of these treasonable efforts of O'Connell and his ministry, to the refreshing accounts of her Majesty's

other hand, presents a decrease upon the year of 2,265,1511. ; but an increase upon the quarter of 82,5901., which turns the balance in its favour. The revenue arising from stamps has decreased upon the year by 96,6601., but increased upon the quarter to the amount of 12, 1961. The Post-office has been steadily more productive upon the year and quarter than on the corresponding periods last year. On the year the increase is 43,000l.; on the quarter, 6,0001. The same may be said of the miscellaneous taxes, which have increased upon the year 31,2191., and on the quarter 14,8011. The returns of imprest moneys and repayment of sums advanced for public works present no results, for the increase upon the quarter just equals the falling off upon the year. The amount of Exchequer Bills wanted for the service of the quarter is estimated at 4,0 16,1891.

This improving state of our finances is fairly attributable to the returning sense of security diffused by the energetic and successful exertions of the Conservatives to resume their patural position, and concentrate their scattered forces. Public prosperity can only be secured by public tranquillity, and the only way to insure this, is by united and active opposition to Radicals and Revolutionists.

O'Connell, and the popish faction, are starring it in the provinces and Ireland ;-but the registration begins

lous, but useless, for the Radico-Whig press to endeavour to fritrer down the enthusiasm with which our gracious Queen was greeted, by saying it was exhibited by a “Mob of intemperate youths.” Who are the youth of the University? Young men of the age, on an average, of twenty-one, from whom the Church, the Senate, and Bar, are supplied with members. What they think and feel is by no means to be overlooked; for their thoughts and feelings must give a tone to the great community, in wbich they are destined to take so conspicuous a part. But it was not the “ Academic youth” alone that greeted her Majesty. Every one, from the richest tradesman to the poorest cottar, who lit bis small candle by the way-side, to show that if humble, he was loyal,all honoured HER. But our object in introducing this in our Retrospect is to direct the particular attention of our readers to an address presented to the Queen by the Bishop and Clergy of the diocese, which produced a yery deep effect upon her Majesty. After alluding, in unostentatious terms, to the excellency of ber Majesty's private character, the address proceeds

“In times like the present, wben hostility bas been declared against whatever gives fixedpess to the principles of our christian faith, and peace and safety to those who profess them, it becomes our special duty to acknowledge, with humble gratitude

to Almighty God, your Majesty's sted. fastness to the Scriptural doctrines of our Apostolical Church."

To this the Queen made a most touching reply, concluding emphatically

« Although deeply sensible how little I merit the Sattering expressions whicb pervade your address, I will yet venture to assure you, that to the last moment of my existence it shall be my constant wish to merit your good opinions, and to exert my humble, yet sincere endeavours, to maintain, in all its primitive purity, the holy faith, which my ancestors were, by the blessing of Almighty God, mainly instrumental in establishing."

A truly christian and royal reply.

FOREIGN.—Amidst all the troubles which lower over England, we camiot discover that our neighbours on the

continent are much better off. The glorious three days, which were to have secured to France an Utopian liberty, have ended in a confirmed and grinding despotism.

BELGIUM is bankrupt.

SPAIN, inundated with the blood of her citizens.

PORTUGAL, demoralised.
ITALY, Pope-ridden,
TURKEY, a Russian province.

Whilst AUSTRIA, PRUSSIA, and RusSIA alone exhibit an aspect of prosperity and happiness.

If we cast our eyes across the Atlantic again, what do we find? AMERICA, without power to administer the laws, and the worst features of a mobocracy predominant.

The Free REPUBLICS of South America, the prey of banditii. AndTHE END IS NOT YET COME!

[merged small][ocr errors]

The Twenty-eighth of October will be a memorable day in the annals of Dorking; for on that day the foundation stone of a new church for the worship of the living God, was laid by the Lord Bishop of the diocese. There is not, perhaps, a more solemn or interesting ceremony than this incipient dedication of a house of prayer. The creature in humility of soul approaches his Creator; and, although conscious that his God dwelleth in teinples not made with hands, still relying on the promises of his Redeemer, he believes that where two or three are gathered together in God's holy name, he will spiritually be in the midst of them. The Shechinah, or visible symbol of the Deity, may be absent, but the Holy Scriptures, the pure transcript of the mind of the LORD, is there. There, as in the Jewish temple, the Word is read and preached. There a Liturgy, •founded on the apostles and prophets, Jesus Christ himself being the chief corner-stone, is the established form of worship. There the dying command of a dying Saviour is observed, when we meet together for the breaking of bread. All these thoughts crowding at once upon the imagination, cannot fail to produce high and holy imaginings. And when, in addition to this, we reflect upon the millions who, since the first fabric was erected on the spot, have worshipped,

and died, and look forward to the millions who may succeed us, and bless us for having erected a House where they may feast their souls upon the spiritual manna of the Gospel, a thousand times more precious than the manna in the wilderness, every heart, we are persuaded, must beat with love and gratitude to God for having put such a right spirit within us.

The morning was most auspicious;' "The sun was in the heavens, and joy on carth." To be happy and make happy, seemed to be the maxim written on every face; and if there were dissentients, they wisely forbore to display their envy, malice, and hatred of the Church.

At about twelve o'clock, the clergy began to assemble at the residence of Mr. P. Cooke, who, in the handsomest manner, not only offered his house, but made every preparation to give a cordial reception to the friends of the Established Church. There were present, the Ven. C. J. Hoare, Archdeacon of Winchester, the Revs. G. Feachem, Vicar, S. Isaacson, Curate, Hon. J. E. Boscawen, Heberden, Pollen, Crawford, Dawson, Bray, Warnford, Glyn, Taylor, Richards, Knox, Slade, Young, and Kensit.

In addition to this, the same hospitable gentleman had appropriated an apartment for opening the Grove Lodge

« PreviousContinue »