The National Register. — London, England, 1818-03-01 00:00:00

61 //de/ rDt Oatio t at .13 k rgitittr+ 4 Our Sing, tortgUturion anti 3taixs6. SUNDAY, MARCH 1, 1818. T~ No. 55.—VoL. XI. PRICE 941 1111R.CUIVI 7 EN'S TITHE BILL. FOREIGA IN SWEDEN. PROCI.allf ATMS nF THE NEW KING Of F. WCIIPM. STUrAHM.4, liatirSty King, Clgielti died on thy Ali of Fehrunry, at 11 minutes past in in the evening, aflet - a !initial! illness and 41'6..1 Ati etli6 iut pri.par:, - Lion. C. .1; 4 • Tile Public at large are very much indebted to Mr. Cetwen for his most laudable exertions in. promoting this Bill. Its object is not to deprive the clergy or the lay impropriator of any Tithes they are justly en titled to; but to reform that law or practice, which .has for many years enabled, and still enables them, to subvert moduses, compositions, and exemptions from tithes, and to Subject lands to the payment of tithes, which art justly entitled to exemption. It may be useful in addition to Mr. Curwea's speech, again to explain to the public how this arises.—Lands may be discharged from payment of tithes various ways, viz. • part by pecuniary payment, cr other compensation mu .dered as a commutation in lieu of tithes, which took its origin from agreement between the parson, - the patron of the living, and the bishop on the one part, and the landholder on the other, made in Vae reign of King • Richard 1., commonly called u eselus; which is tried by a jury (when sent to their) 1;y war, to which there is no objection, because it is the c:lnsit4tional tributrai for trial of matter of fact. The objection Isere is, that • a great many of such moduses are not sent to that con stitutional tribunal, but arc condemned by the Court as rant, althrogh proved by usage ; and again in cases where tncalcses are clearly Proved, and the Court is of opinion against the Rector, they will allowhim another -chance by giving him a liberty of trying it by a jury. whereas if they are against a layman, they will not gave him a liberty of trying it by n jury; but deerce tithes l kind to the Rector, &c. The only reason iii. this is, favour to the elotrelt. Can this be devinud impartial jnstiee? One *fleet of the Dill is to renietly • 'this evil. Another mode of discharge is by a like coin • mutation for tithe of later origin, vi :,% orii., , inating be tween the Ist of Ilietutrd I. quid the 13th of Elizabeth, when, by a strained eonstruction of 5 statute, it was pit an end to. This is called a composition.— , .1f this were peamitte4 to be pt.ovoil in tbe sac stir nudes, by ustio, these wad be us oleo**, but the produrtion of the very deed by which it wns ereat. ks, is required, or some evidence that such deed was s.ecuteti, otherwise the Hector recovers tithes in kind, and wive, nod enjoyment, however long or cogent, ovals nothing. In the lapse of time, since the :aft Enz., it, is next to an impassibility to produce such deeds, or give any evidence of such deeds having '0:on executed, they have beer lost. or dostroyed for age* Therefore another object of thitt Bill is to dispense with product:on and proof t f the deed itself, and to make song usage tad enjoyment presumptive prod of it, less the chzfroi can rhciv Ikt• contrary ; if the church • eta by any evidence written or parole, shew the con _ trary, they will be still left nt liberty to do so, in the sine milliner as they do upon trla! of immemorial mo d-ow. Anotiler ole of exemption 6, net by way of c -eintutatio , as in modases and real compositions, but a. being hits v.•hi;ll belpn;P:l. to the larger al,boys nod . religious houses, dissolved and given to the Crown in the Reign of Henry VIII. Many of there be.d their lands:exempt trout tithes, and by the statute of dissolu tion, those exemptions are Iv ever to remain to the Crown and its afliauees. Here agai the same sort of proof is required to make out those hinds belonged to the abbeys, which cannot at rhis day be had, from destruction and loss of deeds and writings ; and from the infinite division and suislivision of property and changes of ownership which have taken place since that Reign. If original tithe deeds exist any where, they cannot be with every proprietor, and it is next to , impossible to find them out. In this case it is the object of the bill to mole usage and repo tr.tion evidence, • till the contrary shall be damn on ar e Flrt of the Church. Lay impropriators are also considered us: ecclesiastics witli respect to tithes, and the same rules of evidence are applied to them, for which the.e can be no good season given, as tithes in their hands are the same as all filer temporal inheritances, were grants and deeds . though lost and destroyed, are presumed from And enjoyment Another object of the bill is to provide - a similar remedy as to them. Another flagrant act of injustice is, that of setting aside ancient compositions, agreements and exchanges, made snbsequent to the Eliz. between the church and lendowuers, aod even when they have been sanctioned by deerees in - Chancery, and acquiesced it flir ores before the ypir 170, when Lord Chancellor Northin;ton, deptattog from the example of his predecessors, thought lit to set ... ,them ;;side. For one, instate advert te the particular case mentioned. by Mr. Curwen, and there are marry of the same kind. Another object of Ws bill is to con firm those compositions, agreements, and exchanges, made prior to the latter period unless it can be shown they were fradulently or collusively obtained. if on that ground they can be impeached let Clear be so, but then let the c'aurch restore what it has k,reit in tee..liange, or an equivalent, either to an owner, Af an owner can be fouud, or if not to the poor. This is another object of the bill. If the landholders think it of any importance tj preserve their rights of moduset t notnpositione, and exemptions, they trill remind Me wen in his praise worthy exertions for their benefit. % that (I may say, at this day impossible) proof, whieh is required, they have already lust and will continue more and ntore (without the interference of Parliament) to lore these rights. From that source springs most of that litigation about tithes, which harrasses and oppresses the country. I observe Mr. Curwen alludes to an Act of the 9th of the present King by which our sreeious Sovereign, out of love to his people, and for seeming to them tie quiet enjoyment of their estates, condescended to give his Royal Assent to an Act, by which after 60 years en joyment they should be quieted against the Crown. would to God the Clergy had followed the example of their gracious Sovereign and given quiet to their floc', -. But Mr. Curwen's bill does not even propose to neilze enjoyment a positive bar by any definitive number of years, but to leave the church st liberty to !eve any evidence, and hose' er fin bark, to tentr-h_t the pre :captive rieli c . t arising from long enjoyment. A FRIENU TO TIM CHURCH :OCT) PLOPLE. THE W:ll.l;.‘"Slad D. 11.. Thurolay -war. the slay appointed fur the ee!ebra tion of her Majesty.; last birth-day, and a drawing.- risan was held acutudingly at her Mej-!sty's Proper cushions were provided, on whi e :h her Ma;esty eteeld stand or lean, as inlet bu ten:mit-ay, La ur.lex • enable her to go throte the LaMar: ad •uru Cottrt. tit one o'clock there wr..s a !IN:, a: Ca7tlte oPltrtiilery in the Park and the Tower ; a•tit that nu inappropriate sight might interfere N% ith the rofoicings asap on p birth-day fete, a'l those p..-rs-u:s about Ctrirt who were in family mourning, pat it off for a day, and glittered in colours more suitable to the occasion. The guards, horse, and foot, under the superintendence of the per lice, were distributed th:ough all the usnal stetints,: and nutintained the most perfect order. An immense multitude of spectators tvere adleeted togetk v r its spite of the Tani anti cold. The Court visitors were al4O very lomat:rolls : they began to arrive at one o'clnek, and continued setting down till half-past three ; the Prince Regent arrived will) his usual xpitc .of tutor huts, ;Ind was followed by the mond train of LiCe- ' Guard.i. His Royal I-lig-love:0 wa,, of co'ir.c, ' ceived with all the ceremonies tine to the :Stvereign. . The Duke and I)w:boss of Y0r1.., the Duke anti Duchess of Glotyster, and the Prinet.ss Sophia of Glap caster, went ia state, escorted he potties of Life Gahrdi. The Duk of Sussex went in private. The Prince of Hesse-liomiterg svimt in one of the Regent's carriages, was escorted * Life Guards, and was reccictal with the same militiaty honours as the Royal Family. The Speaker of the Muse of Commons, the Master of the Rolls, and the Vice... Chancellor, went in state, and were presented on their leointments. The Austrian Ambassidor. the Spani:r Atobassodor, ac companied by his lady, and the American Plenipoten tiary with his lady, severally went iu state. Mrs. [Lush, the wife of the American Minister, was presented to the Queen by Lady Castlereagh. Rig. Smith, and Mr. Taylor, attached to the embassy, were presented by his Excellency. The Prince of Hesse Homberg teas presented to the Queen by Lord Stewart. our Ambassador to Vicuna, but who is now at home on leave. There were present the Lord Chancellor and the Regent's Cabinet Ministers, the Great Officers of State, the Lord Mayor and Lady Mayoras of London, M. Sherif Desanqes, Mr. Sheriff Alderson, the Attorney- General, the bo:icitor-General, the Dean of Westmin ster, the Provos, of Eton, the Archbishop of Canter burr, the Archbishop of York, the Lod Prialuie of &c. Thei:c is no ftrindation we tmeentan(), for re prt that the Prince Regcut intentied tg met: a Wel 6 Order of Knighthood. . The following 'lord Preelanwition was published. in nor. , segueuce - of which his Mali ty Kitt; ClL:cries Jinni was pee. claimed ling on the 6th inseatlt , If the Hsi' he king. dons, in u , iial form : " We, Charles John, bv7fl. S..Tetiets• and Nurssuy,6se. to all our faithful subjects and 'keel. log in Sweden, greetine. I •‘• As we, ill rtiosivence oft proposal of our I ite beloved father, our aitenst King and . • rig') Charles XIII., to tiro Ett3titS or the king dots ut -;wet re unanithonsly chosen. on the elst of Atigitit 1410 rester on the Swedish throne, anti :it the stifle time, vitctl by the unanimous voice of the Ktng and the people, accepted his boutioirahle eon, though attended with great responsibility. We tell a park_ color impulse thereto, in the event,, wholly.forrign to which denied your choice, and which without our having any share in them, solely directed your t'sets and indepetidelie resolutions. We were therefore taken from dmt repose which had been our sole aim; and immediately on unc antral here, your deceased Kiug received uwrttb the dearest woofs of contitlenee and ft iendship, by adopting us as his So4l,utici ion pressing on your work a more hely zeal ; which could but in crease our obligations and our devotedness to our new coun try during the years that have elapsed since that *vela so. interesting to our heart. We have exeridNlLocirself to fulfil towards that never to be forgotten and evviSelovell Fritter. all the ditties of a faithful subject and so *fractionate soh ; and have daily received in his paternal, never changiog, ten. deeness, the noblest recompense of one endeav 00000 s. This bappiness we arc no toner tooting. Death has depriesed ui ut him who in this world sees attached to us with the most faithful love. From our filial bosom, from the arms of en its, consolable ringer% from the circle of sorrowing relations. from a people of whom he has been twice the deliverer. h e departed with the calmness of a sage, with the peac e o f good etniscience, amended with the consolations of religion, and the rears of gratitude, to receive his eternal reward in h better world t We have reeeived•his last Inessium upon you, wide!' he. pronounced on the verge of II& with the same energy us La his.itiost vigorons days t ,and in his Ovine hand we took: the sacred oath, to Inherit; together ants -his Crown, his tender eases ror tllle ctiesttrx, Div erd•l9l4thet the Tify v!ti. leo/ • _ " As •se now, in con•cqucnee of this afflicting esontotscand the united throne' of t , iaietieti rind Nortimy, to govern boys itiogdonts ;treading to the furolamental la;•s of each, which •tvere approved by the Estates of the Swedish I)iet on theetl4 W' August, and by the Start's: o n of the kirgda,tt of Nornitor on the 31 tt n 1 July, It• 15, ter have git en the re. al cleolaratitie, fixed by the King aid t::e flutes of the kiug.h.au, in the th cision of the Diet of the 2 ! ut May, IStO. duce we first trod On Swedish groom! it fut. been our' highest care to defend your Monty, your twit Reef... a lt .! !no intlepereknee of the kingdom. Provident e %Is ort tsnedentr with c miss. In the present mctan c64,ly hour it wad':. 7.!r•11.: our first duty, as well as our lit •I thoug!.l. to implore . powerfol sippplil in our tliiiiit•e set • front- row. nrianimity all pa ttioloan 'Re esp. et the. MN* t . 111)Weri s la wtsistanc.. In l ' st.thfli I notion your King, %Thu is Ihrtoti to von by the laws, you will contrtti;r to he tree avid independent': In this manner ~ you will 'tout worthily Itenon.g the memory of the Prisco whom we lament, ;did may Itats blessed anirit for ever protect a i..;;•py people, who riln flay ispo ► hit grave, tint!: pore hen; tilt gratitude, ' Through hi it we possessed the. la..vs which we oursclvsis made, the flee 1(.41 whirls covors tile :piney of our fathers, and the biighteht.rt prospect of o;:r littit.t lot, which his virtues and his at it Mal Lave prep:ilea for its.'-Ve remain will affected to yon 'all and each, with our Itoyal favour, and reconte.end you to God the Almighty. ' IMES JOAN. 4. G. VON WETTERSTEDT. " Palace ut Stockhtf:ra. stir Pb.e : i th" Tut: QUEEN'S COURT.-;...WedneSea's. at five eclock, her Majesty hold a Court at her Paleeti, aarompanieil by the Princesses Augusta andlilizabeth. The Deke of San Carlos, the Spanish • Ar.ilYinsatior, was introdurtAl with the usual cekernonies. Fxcellency ha: as au dience of her MOjasity, delivered his credentials, aui was most graciously receivei Mr. Rush, the Anted.. can Minister, was intro,:need to I,cr I.tj , .T.3ty in trsinti hsr manner, as was count Lui:J;t: the Scapo!itan Mi nister. A short time after their ,Excellencies had leen . introduccd to her lii_ltatty, t e Dueheis of San Critly.-:, the lady of the Spanish AndiassadJr, Palace, accompanied by Vim:i:mess Cast' introduced her Grace to hoe Majesty genetvas present at the presentation of The Court broke up soon alter a few to P ll ti o n rc ee lu: L :te ° T e , whore he w.,t receive,; 1 tants with silent respect. Ills &rents express his sense of his reet r ptiott, passed , principal streets uncovered. Tuesd.ky alter:won the £rince of Hesse liouther,- Ni.l another visit to the Queen and Princesses,. In t h e evening, Q,neeti anti the Princesses Aug'ista 4nd ,Elizaix4h dints; It Carlton liouse• arrived Ist len Nth:A t ic,"l . the. Pranne* If be; L - re, from Open • 1.. v the inhabi. 6 highness, to sod through The y~ ;~ • i .- k