The National Register. — London, England, 1818-03-02 00:00:00

NI L c nt Ij,,ationalt Atg No. 5(23.—V0L. XL MR.CURWEN'S TITIIE BILL. Tue Public at large are very much indebted to Mr. Curwen 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 er titie/1 to ; but to reform that law or practice, which has for litany years enchled, and still enaliles them, to riltvert moduses, compositions, and exemptions from tithea, and to subject lands to the payment of tithes, which are justly entitled to exemption. It mey be useful in addition to Mr. Cdrwen's speech, again to expltia to the pablic how this ariees.—Lands may be discharged front payment of tithes various ways, viz. Tart by pecuniary payment, or other compensation ren dered as a cornmutatiJa 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 en the tither, made in the reign of King Richard L, cominonly called a modus ; which is tried by a jury (when sent to theta) by usage, to which there is no objection, because it is the cAtsitational tribunal far trial of matter of fact. The objection here is, that a great many of such molluscs are not sent to that con - stitutional tribunal, but are condemned by the Court as rink, although proved by usage ; and again in Cases * . where meduses are clearly proved, and the Court is of opinion against the Rector, they will allowizim another' chance by giving him a libertfai trying it by a jstrY, whereas if they are ag:ilatak a layman, they will ri6t; givs him a liberty of tryingtit by a jury.; hat decree; tithes in kind to the Rector, .C. The only reason lin this is, favour to the churls. Can this be deemed impartial justice? One object oillspirlill is tr remedy this evil. .mot her mode of dischirge is by :. iik e pin-. mutation for tithe of later origin, viz. originang be tween the Ist of Richard I. and the Ilth of 1' 0 beth,. ty" when, by .a strained construction of 4 , lotix 4 Fits:. pazeta tan cud to. This is called a • c'a ed.— If this. were permitted to be proved in the ausiarary as a m odus; by usage, there would be no objection, but the prodtietiGn of the very deed by which it was creat ed, is required, Gr some evidence that such deed was ezecuteil, otherwise the Rector recovers tithes in kind; awl usage, awl enjoyment, however long or cogent, avails nothing. In the lapse of time, since the . lath Elie., it is next to an impossibility to produce :etch deeds, or give any evidence of such deeds having been executed, they have been lost or destroyed tier ages. Then:litre another object of the Bill is to dispense with the production and proof. f the deed itself, and to inalie karts; usage and enjoyment presumptive proof of it. we'esh Mr charch cal 'hew the contrarN ; if the church can by any evidence written or parole, skew the con trary, they will he still left at liberty to do so, in the sante manner as they do upon trial of immemorial me duses. Another twine of e..xemption is, not by way of communion as in modoses and real compotti.ions, but as being lands which be:tinge:l to t e. larger abbeys and religious house% dissolved aal given to tile Crown in the Reign of Henry VIII. Many of these held their lands exempt from tithes, and by the statute of dissolu tion, those exemptions are fur ever to remain to the Crown and its alliances. Here again the same sort of proof is required to make out that those lands belonged to the abbeys, which cannot at this day be had, from destruction atel loss of deeds awl writings; and from the infinite division and subdivision 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 make usage an,l reputation evidence, till the control/ shall be shown on Cie part rf file Church. Lay improprintors are also considered as: ecclesiastics with respect to tithes, and th- same rules of evidence are applied to them, for which there can be no good reason given, as tithes in their hands are the same as all other temporal inheritances, were grants and deeds though lost and destroyed, are presumed from usage and enjoyment. Another object of the bill is to provide a similar remedy as to them. Another flagrant act of iejustice is, that of setting aside ancient compositions, togreetnents and exchanges, made subsequent to the 11;:th Elie. between the church atal landowners, anti even when they have been sanctioned by decrees in ( burners-, and acquiesced in for ages before the year 1765, when Lord Chancellor Northington, departing . from the example of Lis predecessors, tie.e., e ie. i.. to get them bile. Fur ore iustanee advert to tic pee:I:el:le Our• wing, Confititution anti liasauJ. MONDAY, MARCH 1818. case mentioned by Mr. Curwen, and there arc marry of 1 the same kind. Another object of this bill is to cm firm those compositions, agreements, and exchanges, made prior to the latter period unless it can be therm they mere .fradulontly or collusively °Wined. If on that ground they can be impeached Lt them be so, but then let the church restore what it has got in exchange, or an equivalent, either to an owne:, it an owner can be found, or if not to the poor. This is another object of the bill. If the landholders think it of any importance to preserve their rights of modus;', compositions, and exemptions, they will second Mr. Curwen in his praise worthy exertions fie their benefit. By that ( I may say, at this day impossible) proof, iviiich is required, they have already lost and will continue maze and more (without the interference of Parliatnent) to lore those rights. From that source sings most of that litigation about tithes, which harrasses add oppresses the country. I observe Mr. Curwen alludes to an Act of the 9th of the present King by which our Gracious Sovereign, out of love to his people, and tar securing to them the 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 forowed the example of their griciotts Sovereign and given quiet to their flocks. But,Mr. Curwen's bill dues not even propose to make apjpyment a positive liar by any definitive number of • years,tut to leave the church at liberty to give any ttidence.,' and however far back, to contradict the pre stt}aptive right. prising from long en joyment. • A Fiktisu TO THE CHURCH AND PEOPLE. THE fliursilty was the day appointed fur the celebra tion of her Majesty's last birth-day, and a drawing room was held accordingly at her Majesty': Palave. Proper etishimts were provided, on which ht'r blajesty could Stand or lean, as might lre liev4.l.4lry , 111 :ester to enable her to Ago through Ole iistigne erowde4i Court. At one o'clock there was a Royal salute of artillery in the Park and the Tower ; an& that noinappropriate sight might intoriert. with the rejoicings umtal on a birth-day fete, all thase liersous about Court who were in fanii:y mourning, put it oil for the da:-, and glittered in auurs inure suitable to the occasion. ifhe gnird;, home:, and foot, nada the suprirstmidence of the po lite, were distributed through all the nand statimr, and maintainA the most perfect order. An ionneult: multitude of spectators were eolltvted to ether in spit,' of the ra;n and cold- The Court visitors were also very numerous: they began to arrive at one o'clock, and continuo' set:ing at m,. till half-past three ; the Prince Regent arrimd with his usual suite of.atten dents, and was followed Ly the usual train of Lire 6,tards. His Royal ilignness was, of course, re ceived wit) all the cermuudies due to the Soverei4n. The D .ke and Duchess of York, the Duke and Dusliess of Gloccster, and the Princess Sophia of Gin cester, went in state, escorted by parties of Life Guards. The Duk of Sussex went in private. The Prince of Hesse-Ifoutberg went in one of the Regent's carriages, was escorted by Life Guards, ant was reeeived with the saint, military honours as the Royal Family. The Speaker of the House of Commons, the Master of the Rolls, and the Vice-Chancellor, went in state, and were presented on their late appointments. The Austrian Ambassador, the Spanish Ambassador, ac companied by his lady, and the American Plenipoten tiary with his lady, severally went in state. Mrs. Rush, the wire of the American Minister, was presented to the Queen hr La , ly Cas►lereagh. Mr. Smith, and Mr. Taylor, attachetl to the embassy, were presented by his Excellency. The Prince of !Jesse I Tatnberg was presented to the Queen by Lord Stewart. our Ambasiadar to Vienna, but who is now at home on leave. There were present the Lord Cl:vice'for and the Regent's% Cabinet Nlioisters, the Great t. h of State, the Lori Mayor and Lady Mayoress: of London, Mr. Sheriff' Deranges, Mr. Sheriff Alderson, the Attorney- General, the Solicitor-General, the Dean of Westmin ster, the Provost of Eton, the Archbishop of Canter bury, the Archbishop of York, the Lord Primate of helot% 1, • There la no foundation r-c vntinribtaa, fnr the re port that the• Prince Rtgent intended to erc.a:: a Wt.:eh Ordis of kuighthood. PincE RYA FOREIGN INTELLIGENCE. SWEDEN. PPM - LA:NATION OP THE W KING 07 SWEDEN. STOCKHOLM. 9..--Iliv Majesty King Chitties Xlll. di d WI the ail) of February, at 11 niintit.s past 10 in the evening, aftes a painful ini/eNS and Chi titian edifying prcpal lion. The tollowing Rnval Proclarnition was pithlichrd, in con sequence of which, his Majesty King Cimrles John was pro. Kii,g on the tith instant, by the Herald of the liknz;. dim, in the n -oat form We, Cho. le. John, by the Grace of God. King of Suevirn and Nur .4 ay, rte. to all oar faithful subjects living and ilvrt l ien: in Sweden, ereetinr. _ _ _ . vr , tit couseepience of the proposal of our late beloved father. our aiignst King and Sovereign Charles XIII., ro Nto Estates of the kiii,viena of n, were unanimously chosen, on the 21s1 of Ammst Irilo, bis snceriorr on the Sewed' At throne, and at the same time, invited by the ettianienous voice of the King and the people, accepted his honourable ea 1, though attended with great responsibility. We felt a patti. color impolitic !lonian, its the events, wholly foreign. to eh which denied your choice, and which without our having ally share in me m, s. leiy directed your free and isidepeodetit resokition•. Ate were therefore taken from that repose whi c h had been 0 11 r mile aim; and i tttt iteeliately on oar arrival here:, your deceased King received us with the dearest proofs of coutifence awl flit-H.144p, by adopting ns as his Son, and im pressing on your work a more holy zeal ; which could hut iu. crease oily obligations and one devotedness to our new coun try during the years that have elapsed since that event sn itiotresting to our heart. We have exerted onrseir . to tollt towards that uever to be forgone.) and ever loeloseti 1 ) . all the doges of a faithful subject and an affectionate sou.; nod have (lady received in his paternal; never eliatiging, t. nb der:gess, the inible , t recompense of Our ent :relents. nil happiness we are nu longer to enjoy. Dot has deliel%r4 lir of• him who in this world was attached twos with the most faithful love. From our tiiial bosom, from the arms of an iii emmilable con t ort, from the Cirri,. 4.1 . ,u.wwun relations, from a people of whom he has been tw tee the deliverer, I. &parted with the calmness of a sage, wills the peace of a gond cooseience, attemili.d with the consolations of reruns, and the tears of gratitude, to receive his eternal reward in h. better world. t 1 e have received his last blessiug upon yi. tp which lie pronounced on the verge of life milli the same ener;:v as in his most vigorous days; and iu his dying hand we to k ; the sacred oatri, to i.ii‘etit, togl•ili..f w.tb hi:. Erevan, I,a tender cares for the country, his ord. utwishes lot your wel,„ fate. " As we now, In eonsegoeneeuf thisaffiietiog event, it.eet d the united Omni.. of Sweden and Norway, •,0 govern ho kin .lulus 4,•ent din, to the Intationental laws of each, wilt' la were approved by the [Nimes am the Swedish Diet ups the hat of August, and by the. Sturthiug of the kingdom of Nortst,y on them st of July, NIS, VIP have given the rot al derma - a:it 11, fi‘ed by hie King mud the "nate. of the kingilum, iu the do. rision of the Diet of the 2d ot Hay, luto. Since we firit trod un Suedi•le pound it hos been our siLlarst care to def• - eid your libel ty, poor prat ile‘rs, soil the iadepetitletiee of tile kingdom, tritovi•tutive has citiwoctruiii rI lrara.n. with •11Ci•PNS. 111 the preterit tuelot. Only hoist it was therefore our first -duty, 1.1 well 4N our tint thooght to i uplaire its pow ertul support in our future nett,ms. l'iont putt tinattinikty abil patr u nlrm i.e rap. thr :1 tot poaectui istoist.ittee. In faithful union with yoor K ut, uho In wasn't to you hy the laws, you wth routihor to t.e tier awl juilriowt lets' ; tit Ihi. manner yPtt Nili most worthi t y heimor the nie—ory of the Prluee input we lamella, ono In., his bles.ed %pit it for et or prot-et 4 hippy people, who rm. •ny upon hitt ;_tr ter, with puts. twain. It gan:stode, Throrigh how we po..te vitt! the laws who'll we o.tittrlertt tow•le, Illy tree %sol which rto.cts the bones of nor fathers, and the briofstritvd pro-peet tif our future. lot, which W.* Sit Meg and his s. If ale. 11141: lut e rretinted fir ea.' tic rc nain welt atrocted to y 411 .0 ,l ran h. wail our fioyal ftiv , or, mod recominend you to G.at the A, ~, ighly. " t FOILS JOHN, " VON WOTIELLSTEDT. "Palace at Ste:l/holm. sth Feb. isim." Tfte Qtri-Ext's Cover.—Wednestiay, at five e'clock, her Majesty held a Court at her Palace, accompanied by the Princesses Augusta and Elizaheth. The Duke of Sun Carlos, the Spanish Ambassador. was introduted with the usual ceremonies. his Excellency had an au dience of her Majesty, delivered I.is credentials, and was most graciously receivci Mr. Rush, the Ameri can Minister, was introduced to her Nl4;esty'ln a si.ni lar manner; as was count Ludorf, the Neapolitan Mi r nister. A short time after their Excellencies had been introduced to her Majesty, the /).iches* of San Car:ox the key of the Spanish. Ambassador , arrived at :h4; Palace, aceompinied by Viscountess Castles a s h , who inirodueed her Ornee to her Nlajory : the Prince Re gent was present at the pros:merlon nf her Grace.— The Court broke up soon after si o'elack. Prince Leopold rude, d ila; is since, from Carle to Dorchester, where Ilts was receive.: by the inhabi. his reception, passed iiirir a gii tints with silent respect. His S.r. lie Highness, V) Taesday afternoon the Prince of HeAse Honiber 4 ex ipitreci"pa ir is se nse streets ti o n i ivvered . . pail anothcr visit to the t4uPen and Pr.neesses. jn ilk:: evening, the Quern and top Prinees,.4 and I:li4ab,..th dined at Cachou itittr+ / • ve • • •