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all their reputed manor, with the &c., allotted and set out to Sir Abel demesnes thereof, and the appropriate Barker, Richard Spell, and Thomas rectory or parsonage aforesaid, with Islip, as aforesaid, should be held and the parsonage house, and all tithes enjoyed by the respective persons who arising in the other villages to the said had any estate or interest therein, rectory belonging, with their appur- either by descent or purchase from tenances (other than the tithes of Great them respectively, or their respective Hameldon aforesaid, which were to be heirs; with the proviso that the tithes held with the said duke's estate), and arising from all these lands were to be the said dean and chapter were also to answered and paid to the said duke hold and enjoy all other the particular and his heirs. parcels of land thereinafter mentioned; Mr. Finch was the successor, by but that the inheritance of the said purchase, to the late Duke of Buckingdean and chapter could not be altered, bam, and was entitled to all his estates, nor their estates exchanged, nor could and to the receipt of the tithes, or the vicar be barred of his ancient en- composition for tiches, to which the dowment, or legally estated in the said duke was entitled in the parish of annual payment, otherwise than by Hambleton. Mr. Finch and the authority of parliament; it was enacted smaller proprietors let their estates to as follows :
tenants at rack-rent, without reference That all and every the lands, tene- to tithes; but the tithes and all other ments, tithes and hereditaments, which properties are included in the said upon the said enclosure were set out rack-rent. Mr. Finch, for the other and allotted for and in lieu of the said lands in Great Hambleton not belongduke's ancient estate in Great Hamel- ing to biin, receives certain sums of don aforesaid, should be held and en- money in lieu of tithes. The 1001. joyed in severalty, together with all per annum, mentioned in the act, is the messuages, and all tithes what- paid to the vicar of Hamelton, pursoever arising from his own or any suant to the said act. The parishes of other lands whatsoever in G, H. afore- Great Hameldon and Little Hameldon said, (except the lands allotted to the are consolidated for the maintenance said deau and chapter), subject and of the poor, and for other parochial charged nevertheless to and with the purposes, and are now called by the payment of the yearly sum of 1001. name of Hambleton. to the vicar of G, H. for the time On the part of the respondents, it being, to be paid by quarterly payments, was contended that the 1001. rentwith power of distress upon all or any charge was expressly given to the of the said duke's lands in case of vicar in lieu and satisfaction of the nonpayment after twenty-one days' vicarial tithes of Great Hameldon, the demand thereof. And it was further proprietors of the smaller estates there enacted, that all the messuages, lands, contributing, as they had always done, &c., which the said late duke held in before and since the passing of the act, G. H. since the enclosure, as his own a proportionate part of the rent-charge, proper inheritance, by virtue of the according to the quantum of their said enclosure or otherwise, together estates, to the proprietor of the duke's with all tithes arising from the same, estate, in the nature of a composition and all tithes arising from any other real'; and that the tithes were in effect lands &c., in G. H. aforesaid, other extinguished, and were by the act than those that belonged to the said intended to be so, and not again to be dean and chapter, should be vested, resumed. and the same were thereby vested, in The appellant insisted that the tithes the trustees of the said late duke, and were still in esse, and that the renttheir heirs, subject to the said yearly charge could not be regarded as a rent of 100l. as aforesaid, and to the substitution for them, and therefore same trusts and estates as the late that it was exempt from assessment, duke's manor of G. H. and other the upon the principle of double rating : said late duke's estate of inheritance That the 100l. per annum charged in G. H. aforesaid were then subject upon Mr. Finch's estate, and received or liable to; and that all the lands, by the vicar in lieu of the tithes, was VOL. XVIII. No. XI.
in the nature of a perpetual fee-farm rent, Finch taking the tithes instead of the vicar; and therefore that the rate should have been laid upon Finch, or the parties compounding with him.
Sir James Scarlet and Amos in support of the order of sessions. The tithes here are not extinguished; and therefore the vicar cannot be said to receive a composition for them, but a reut-charge payable in lieu of the tithes, which are taken by another person. The vicar here cannot even, as in the case of a temporary composition, take the tithes again in kind: he has only the perpetual rent-charge, and occupies nothing which is rateable. The act, instead of extinguishing the tithes, has transferred them to the Duke of Buckingham, who is now represented by Mr. Finch; and Mr. Finch, in this character, takes the tithes, not only on the lands which belonged to the duke, but on all the lands in the parish, excepting those of the dean and chapter, who were rectors, and therefore were protected from the payment by the act. Now the party to whom tithes are demised, is the occupier liable to be rated for them; Chanter v. Glubb; where Bayley J. gives the following definition :- Where the owner of the tithe grants out and conveys any of the tithe to another, that other is the occupier. Where the right continues in himself, he is the occupier.” But it cannot make any difference whether the right to the tithe be transterred by the owner of the tithe, or, as in this case, by an act of parliament. The annuity paid to the vicar is merely the consideration for which that transfer was made. In Rex v. Boldero, it was held, that where the tithes were extinguished by statute, and an annual rent, payable to the vicar, was substituted, the vicar was liable to be rated for that annual rent, inasmuch as the rent represented the tithes; and Holroyd J. there said, that the tenants of the land were not occupiers of the tithes, for that the tithes were expressly extinguished. There are other cases to the same effect. But here the rent cannot be said to represent the tithes, for they exist in other hauds; and, instead of being expressly extinguished, they are expressly continued.
Thessiger contra. If the tithes be extinguished, the vicar is rateable for this rent, according to Rex v. Boldero, and Lowndes v. Horne and others. On the other hand, it has been held, that where an act expressly exempts from all rates, taxes, and deductions, a rent to be paid the vicar in lieu of tithes which are extinguished, the vicar is not rateable for such rent: Chatfield v. Ruston, Mitchell v. Fordbam. But there is no such exemption here : and, so far as regards the lands comprehended in the Duke of Buckingham's estate, the act annexes the tithes to them, which is a virtual extinguishment; for no one can take tithes from himself. And the payment made from these lands is, in fact, an exception from the grant to the duke; and, if the parish cannot rate that payment, this excepted part of the profits of the estate will escape the rate altogether. So far as regards the other lands, the rate certainly cannot be supported. [Patteson J. It does not follow that, because the tithes and land are in the same bands, the tithes are extinguished. The occupier takes the tithes, and is owner of them. He would take the tithes, if he were to let the lands without mention of them. The owner of a glebe, who lets it without the tithes, takes tithes from it while in the lessee's hands.] The tithes are, at any rate, suspended during the union. [Parke J. The act does not annex the tithes to the lands.] [Patteson J. According to your argument, if a parson let his tithes to an occupier of land within the parish, he will be rateable for the tithes of lands in the hands of the lessee, and not for those of other lands.]
LITTLEDALE, J. It is plain that these tithes are not extinguished. No distinction can be taken between the lands belonging to Mr. Finch and those in the rest of the parish. If the tithes were extinguished, and a rent were paid in lieu of them, it would be difficult to say that the vicar was not rateable for the rent. But here there is no extinguishment.
PARKE, J. concurred.
Parteson, J. There is no difficulty or doubt in the question.
Order of sessions confirmed.
DOMESTIC.—The past month has city the desperate state of the artifbeen rendered conspicuous by nume- cial union existing among those who rous Conservative Meetings of trades- call themselves Reformers. It was a men and operatives in various parts despicable affair. of England; and thus the Reform THE PENINSULA.-Spain is in the Bill, which was intended to render the last stage of anarchy; and it is designs of the movement all powerful, admitted on all sides, that Don Carlos is at length beginning to produce has had his prospects of ultimate fruits diametrically opposed to the success greatly increased by the recent wishes and intentions of the Whig- events; his final success is not improradical faction. This is a good omen, bable. As to poor Donna Maria and and one wbich we hail as a bright her loyal Portuguese, little need be spot on the troubled horizon of the said; it is evident that Portugal political world. Whenever another must follow in the wake of her more appeal is made to the Constituency, powerful neighbour, Spain. The we doubt not it will produce a flouse Quadruple Treaty is now mere waste of Commons very different from the paper; and Louis Philippe, with accents present; the Conservative phalanx, of honey on his lips to Lord Palmerstrong in the justice of their cause, ston and Christina, gives the most open are awaiting their time, and wisely so; encouragement to Don Carlos. Verily, time is producing that schism in the the king of the barricades is too ininisterial camp, which, if only let much for English and Spanish diploalone, cannot but eventually end in macy! the liberation of the country from the FRANCE.-France has egregiously present domination. We would depre- committed herself with the Swiss cate all premature attempts at hasten- cantons; all Switzerland is in a ing the crisis; such attempts might ferment at the haughty tone of the tend again to harmonize the conflicting Tuilleries, and at the rigour of the elements of the ministerial majority. French blockade, with which it has The Irish Papists, the English Radi- been followed up. Notwithstanding this cals, and the contemptible rump of question will probably be amicably the ministerial Whigs, may by the adjusted. She is sending fresh levies of force of pressure from without be kept troops to Africa, and thereby shows together; but the discordance between she by no means meditates an abanithem is vitul, and, if they are left to donment of her past conquests there, themselves, must be fatal. The or of her ambitious designs of fresh Dissenters and Radicals have just had encroachments. France is ever willa meeting in London, for the agitation ing to retain with the strong hand of the Dissenters' claims; but if com- that which she has once obtained. pared with those of former years We do not blame her, but the during the agitation of reform, it will wretched diplomacy which is opposed make apparent to the meanest capa
UNIVERSITY, ECCLESIASTICAL, AND PAROCHIAL
TRIBUTES OF RESPECT. Bishop of LICHFIELD AND COVENTRY.—On Thursday, the 6th of October, a deputation of members of the committee for the inanagement of the testimonial to be presented by his late pupils, waited upon the Bishop of Lichfield and Coventry, at his Lordship's residence, Eccleshall Castle, to present a service of plate (consisting of two soup tureens, two wine coolers, eight large dishes with covers, and four corner dishes with stands and covers) which had been purchased for that purpose. The following gentlemen composed the deputation :--Rev. B. H. Kennedy, D.D., Mr. E. Massie, Mr. P. H. S. Payne, Dr. Johnstone, Rev. E. H. Grove, and Mr. T. Brancker. The service of plate was laid
out in the dining-room, and his Lordship was then invited to wait upon the deputation, when the presentation was made by Dr. Kennedy in a neat speech, to which the Bushup appropriately replied. His Lordship afterwards entertained the deputation at dinner, when the service was used for the first time.
Rev. S. Isaacson. The following letter was addressed to the Rev. S. Isaacson, Curate of Dorking, on September the 10th, and is a gratifying proof of the respect in which he continues to be held by his parishioners.
“My Dear Sir,-I have great pleasure in presenting you with the accompanying donation of 401. 58., which has been subscribed by your friends in the parish of Dorking, in testimony of their approbation of your official conduct, and as a mark of their personal esteem and respect.
“ Yours faithfully, " Dorking, September 10, 1836.
“John Rudge, Church warden." The Rev. S. N. KINGDON.—A gratifying testimony of friendship and good feeling has been presented to the Rev. S. N. Kingdon, assistant curale of St. Mary-the-Great, Cambridge. The gift presented was, a handsome silver tea-pot, the subscriptions for which were principally raised amongst the humbler classes ; and bore the following inscription :-" To the Rev. S. N. Kingdon, Assistant Curate of St. Mary-the-Great, Cambridge; the humble testimony of a few friends. September, 1836."
Marsden LIBRARY, KING'S COLLEGE, LONDON.-The late Mr. William Marsden, LL.D. presented to King's College the highly valuable and interesting collection made during his long life, and at considerable cost, consisting of books connected with oriental literature and general philology. It is a most splendid collection ; and, lo shew the sense entertained by the college of its value, it was directed that a separate apartment should be appropriated to its reception, to be called the Marsden Library. That has been done, and over the door appears “ Bibliotheca Marsdeniana.” There is also an excellent painting of the donor over the fire-place. He and his wife frequently attended the college during the arrangement of the library, both taking great interest therein. It is stated, that more books are now proceeding to this library, from the late Mr. Marsden's collection.
New CHURCH AT AMBERLEY, GLOUCESTER.– The imposing ceremony of consecrating the new church erected at Amberley, in the parish of Mincham Hampion, by David Ricardo, Esq. of Gutcomb Park, took place on Monday, the 5th of September. The Lord Bishop of Gloucester arrived at the church at eleven o'clock, where he was met by upwards of fifty of his Clergy. The petition for consecration was read by the Registrar; after which the Bishop, followed by his Chaplains, the Chancellor, Registrars, and Clergy, entered the church, and proceeding up the aisle, repeated the 24th Psalm. At the Communion Table, the donor, Mr. Ricardo, presented to his Lordship the Deed of conveyance, After the opening of the Consecration Service by the Bishop, the Sentence of Consecration was read by the Chancellor, signed by the Bishop, and directed by him to be registered. The rest of the Service then went on; after which, a most impressive Sermon was preached by the Rev. F. Close, of Cheltenham, from the 5th chapter of Acts, ver. 42; "And daily in the Temple, and in every house, they ceased not to teach and to preach Jesus Christ." The ceremonial of Consecration concluded by the Bishop's proceeding round the church, to consecrate the ground, followed by the Clergy and people, and with them repeating alternate verses of the 49th Psalm. The concourse of people assembled on this interesting occasion was immense, and the church was so crowded, that although it is calculated to seat about 600 persons only, yet there could not be less than double that number within its walls. There are excellent school-rooms under the church.
The venerable Earl of Egremont is causing to be erected, on his Lordship's estate at Petworth, a number of handsome and substantial almshouses for the aged poor, with elementary schools, for children, attached. His Lordship has also, at his sole expense, caused the parish church of Tillington to be considerably enlarged ; so that a hundred free sittings are gained. The same distinguished nobleman, a few years ago, rebuilt Petworth church at an expense of 15,0001.
HEREFORD CATHEDRAL.---This fine edifice has lately been much improved and restored, chiefly under the direction of the Very Rev. the Dean. Among other improve
ments, is the restoration of a beautiful chapel under the eastern end of the edifice, which has long been hidden from public view by the rubbish suffered to accumulate around it.
A SHORT CREED.-A young clergyman having, in the bearing of Dr. Parr, stated that he would believe nothing that he could not understand, “ Then, young man, (said the Doctor,) your creed will be the shortest of any man's I know.”
ECCLESIASTICAL LEASES.—The new act upon this subject provides, that if a lease has been granted by any ecclesiastical person or body, for two or more lives, then it cannot in future be renewed until one or more of the persons for whose lives such lease shall have been so made, shall die ; and then only for the surviving lives or life, and for such new life or lives, as together with the life or lives of such survivor or survivors, shall make up the number of lives, not exceeding three in the whole. If the lease has been granted forty years, then it cannot be renewed until fourteen years have transpired; is for thirty years, then not until ten years have transpired ; if for twenty-one years, then not until seven years have passed away.
PRAYER Book of King Charles I.-The prayer-book used by King Charles I. on the scaffold, was sold in London, in 1825, for one hundred guineas.
METROPOLIS Church FUND.—The subscriptions and donations on account of this fund received to the 10th of September, amount to 73,6361, 10s. ; and since that date additional subscriptions have been made, to the extent of 11857. 58.; making a total of 74,8211. 15s.
The munificent contributor of 50001. towards the Metropolitan Churches' Fund, who designates himself in the published list of subscriptions as “' A Clergyman seeking Treasure in Heaven," is, we understand, the Rev. Mr. Keble, of Oriel College, Oxford, Pro fessor of Poetry in that University, and author of the “Christian Year." &c.
The renovation of the fine Cathedral at York is nearly completed, with the exception of a spire, which will be soon finished.
OAKHAM AND UPPINGHAM SCHOOLS.-At the late Michaelmas audit of the Governors of Oakham and Uppingham Schools, Sydney Smith and James Atley, from Oakham, and Charles Warren, and Frederic Jackson, from Uppingham School, were elected to general exhibitions belonging to those foundations, value 401. per annum.
TRINITY COLLEGE ORGAN.- The lovers of music Cambridge place have for some time been anxiously anticipating the opening of the above magnificent instrument, which, with the usual liberality of the Master and Fellows of that society, has been entirely rebuilt and considerably enlarged. This task was placed in the hands of the well-known house of Gray, of London, and has been completed with their accustomed talent and ability. The organ is now larger than the one in St. Paul's cathedral. A selection of sacred music was performed by Mr. T. A. Walmisley, M.B., and its powers ably developed before a numerous audience. We shall, at a future time, give our readers a full account of this organ in our Organo-Historica.
CAMBRIDGE PAROCHIAL Schools --On Tuesday, the 18th of October, the children of the charity schools connected with the several parishes of Cambridge, assembled in the church of Great St. Mary, it being the first anniversary of a meeting which originated last year, on the commemoration of the publication of the first complete printed edition of the English Bible. The sight of not less than 1800 children, accompanied by at least 200 of those who, from week to week, kindly undertake their gratuitous instruction, was deeply affecting. The singing, responses, general attention, and behaviour of the children, was most gratifying. An appropriate address was given by the Rev. Professor Scholefield, from St. Mark x. 14.
DINMORE, HEREFORDSHIRE.--The very ancient episcopalian chapel at Dinmore, in Herefordshire, which has not been used as a place of divine worship for about half a century, has lately been thoroughly repaired and opened for divine service, by the Rev. John Fleming St. John.
RegistRATION OF MARRIAGES.-—- Joseph Phillimore, D.C.L. ; H.Wm. Tancred, Esq. ; Edgar Taylor, Esq. i the Rev. Dr. Rees, LL.D.; John Bowring, Esq.; John Nicholl,