The Sun. — London, England, 1824-11-12 00:00:00

*IYACUATION OF SPAIN BY THE FRENCH ARMY. ( From the Etoile.) The French were to leave Spain on the Ist of lest July. His Catholic Majesty, however, could, if he deemed it necessary, call for the polongation of the stay of our army. He judged this would be useful, to enable him to complete the organization of his army, and a new conven tion, which fixed the period for evacuating Spain for the Ist of January, 1825, was concluded on the 30th of last July, between the two countries. t is this convention which is about to be exe cuted, and which has for some days occupied the attention of all our Journals. They have till now contented themselves with presenting to their readers the evacuation of Spain as a piece o news which they hastened to communicate. But this day, two Journals, which call 411emselves the organs of the opposition, take occasion, from the simple execution of a treaty, to attack two Governments—those of France and Spain, and to paint in colours the most gloomy acid alarming _ . the future state of the Peninsula. One of them, the Journal des Mba4, inquires What pledges the present state of Spain offers for the seaurity of the Spanish► Royal Fa mily ? What resources, what military means, do we leave in the hands of King Ferdinand, to consolidate and defend hi* au►hority ?" FOR THE SUN.T COUNTY OF SURREY. Mn. EDlTOR—Accidentally casting my eyes upon your Newspaper, I saw a story in it about a ballad, a book, a church-yard, and I know not what else ; for, though driving evidently at some object, 1 could not discover exactly what it was. But the parish of Ewell, in this county, was men tioned. Now, Mr. Editor, on behalf of our Rector, our Churchwardens, and Parishioners, I do deny that any bodies have been removed and broken up by their order; neither vault nor grave has been disturbed for any repairs or alter ations, and, should at any time our church re quire to be enlarged, if the sacred remains of de parted Parishioners must be removed for the pur pose, we shall do it under L[ A Faculty" pro perly obtained, and not render ourselves liable to any legal process against us. I must beg tliotniANus to find out some other WELL in this County, wherein he may discover the remains of the subjects of his mysterious communications. For his information there is a place called Stockwell, some where near London, and, I remember well, there is Camberwell, for years, many years ago, I was at a school there on the road to Peckham, not far from the Church. I EWELL. What pledger !—Do you not know them? Ask the whole of the French ermy, which has seen the Spanish population rush before them, with shouts I. Greece, in 1823 and 1824 ; being a Series of . . Letters and other Documents on the Greek a thousand times repeated, of cc Long live Fer Revolution. By the lion. Colonel LEICES TER dinand !—Long live the Bourbons!" To Spain we may trust the task of defending her King, now STANHOPE. Bev. 13s. that she is no longer kept down by a rebel army. The actual condition of Greece is here very What financial resources !—Why, obviously strikingly elucidated, both with respect to its fo r those of Spain—of her soil—of her colonies-- reign and domestic policy, an d t o th e con d uct which cannot regain order but by submitting to and views of its leaders, whose real characters the mother country. Some years of tranquillity are unfolded with considerable skill and saga will restore to Spain what the revolutionists have city. In each of these particulars the volume taken away from her. before us possesses a high degree of interest, What military means !—Why, the rebel army which cannot fail to be truly gratifying. The is disbanded ; the King is surrounded by a very Hanle of Greece, associated as it is with Royalist guard, by volunteers raised in every in- liberty, and with the recollection of its ancient stance at his call, and our soldiers will occupy celebrity, is calculated to awaken and revive in the strong places, to confide them to faithful every bosom feelings of the most pleasurable and Spanish troops as soon us they shall be organized. improving kind ; and every reader, uninfluenced " here, then, after so many efforts," exclaims by party or faction, must feel interested in the the publicist of the Journal des 'Mats, 4 . 4 are all struggles now making in that country to recover the fruits which Ministers have know how to its, former independenc e . Th e re p ort on t h e s t a t e draw from the exploits of th e D u k e d'A ngou l etne , of affairs, which accompanies the above work, is and from the victories of the French army.— the best which has ever appeared, and will be With the exception of the personal liberty of th e perused with much interest. Attached to the King, we find ourselves as forward now as we volume are several curious fac-sitniles, auto were when we crossed the Ebro." graphs, &c. Is it, then, nothing to have secured the per. 11. The Shooter's Companion, comprising Direc sonal liberty of the King ? And was not that th e lions for the Breeding, Training, and Manage.. sole object of th e n o bl e ex p e di t i on o f our army, -meet of Setters and Point ers ; a Description' of and of the heroic Prince who comnutuded ? has Winged Game and Wild Fowl, 4c. 6;c. By the Journal which opposed the war yet to learn T. B. JOHNsON. With plates by Landseer. 9s. the benefits t hence arising ? The revolution auni- . This work, as will be anticipated from its title, hilated in Spain, and with it a Constitutional is principally addressed to Sportsmen, to whom Army of 76,000 men, which had introduced it, it will afford much valuable information. The and which defended it ; the Spanish nation (a nature of the fowling-piece, and the properties nation of Royalists and Christians) delivered of percussion powder, are well treated; as are also from the yoke of a military insurrection ; th e the author's observations on dogs, their diseases, army reforming itself on new bases ; the fortresses powers of scent, &c. Besides the different species of the kingdom and Cadiz, where the revolution of game the work contains much practical had its birth, confided to Frenchmen, who will information on wild-fowl shooting, and whatever know how to defend them from attacks like those else may be matter of interest to the sportsman.• made on Tarifa, if these should be renewed ; Ou grouse shooting the author has been very mi- Spaie, forgetting for ever, through our luto gin- Mite. To preserve these birds, when sent to a lions intervention, a former criminal invasion ; in distance, they should be packed air-tight, and .f4'ne, the Royal Family and the Clergy snatched not drawn. (P. 211). With respect to wood from their gaolers and executioners ; this is what cocks, an erroneous idea prevails that they live France has done—this is what our army and its by suction. They feed on worms and insects, Generalissimo have accomplished since they which they search for with their long bills in soft crossed the Ebso. grounds and moist woods, feeding and flying " How different the result if the Minister had principally in the night. They generally weigh followed the inspirations of Andujar ! Supreme from twelve to fourteen ounces, and are chiefly mediators between parties who were disarmed, found in thick covers, particularly those with yeu would have made both of them feel the be. wet bottoms, and underneath holly bushes.— Haar; of a necessary guardianship. In protecting Po. 228, 9. existing establishments, who would have turned 111. The Natural and Medical Dieteticon ; or, their thoughts from chimerical institutions." practical Rules for Eating and Drinking, and preserving Health, on Principles of Easy Di- What, is it you who before the war were so loud against intervention, who now give us coup- gestion. By J. S, Fotts vrn, Surgeon, Author .sel ? Y. e li cite to us the Ordinance of Andujar, qf the Domestic Medical Manual. Os. 6d. but you forget when the Prince Generalissimo 4' So much does the health of people in ge. issued that Ordinance, the King of Spain was neral (says the author in his outset), depend still a prisoner its Cadiz. upon temperance and simplicity, as well as on The Prince exercised then all the authority the right. ordering of diet, that were mo re a t. which resulted lawn his position, and from the tention paid to this subject, fewer of those dis glorious end which he proposed to himself, and eases which are the scourge of the human race, be had grounds to fear that the safety of his wield be met with in society." In accordance arnty mi g ht he compromised. But on the .Ist of with this maxim he discusses the apparatus and October, Kieg Ferdinand was free ; and from established theory of digestion, the renova that day the Duke d'Angoulenae was no more (ion of the human body, the diseases of the than the Generalissimo of -the allied army—of a stomach, treatment of indigestion, liver com- Sieg who was his relation. What would you Plaints, &c. &c. The effects of the different' wish that the King's Government should have species of food are shown, accompanied with phy- done ?--that it should leave interposed betw een sisal and gastronomical observations on its selec -the Spaniards and their King, between Sp a . tion, preservation, and preparation, as well as re •itiards and Spanierds, and that it should have marks oti diff erent a li mentary d r i nks, such as reestablished the Cortes par estamentos coffee, chocolate, coc o a, once more, we .say this would be to govern Spain milk, wines, spirits, malt liquors, water, The work furth er conta i ns a Guide to the dif though the Kiug were' free• ferent mineral w a t ers , compr isi ng an analysis Besides, do. you think the Spaniards would pro- and description of their prop er ti e 'suffer such a mediation ? Was R with suchs, virtues, and jects that we entered Spain ? Was it with 45,000 doses. To invalids an d va l etu di narians it will met) left in Spain that we could accomplish such therefore prove a particularly useful .monitor ; at designs ? Open the history of Spain, and you the same time its general plan adapt s i t to all di , will learn to know that nation, always so jealous mates, constitutions, and ages, eith er f or a state or its independence—always so distinguished for of health or disease. . defending it. You are alarmed after the war, IV. practical Treatise on Brewing the various but you were also alarmed before it. Your pre- Sorts of Malt, Liquor, and the Mode et using (notions now will prove us vain as they were then. Me Thermometer and Saccharometer. By The Cons/du/tonne/ speaks more ingeniously A LEXANDett Montuce, Gammon Brewer. Bs. -than you. It does not trouble itself about the This work, as its title imports, is chiefly appli. safety of the Spanish Royal Fancily, but for the cable to scientific brewing. The Author, in his .oppressed, 4 4 who breathe but under the shadow introduction, observes that much of the failure in of the protection of our army, and who will see brewing arises from the liquors being improperly it retire with fear." To this we have but o ne t a ken, and from not extracting the quantity of sac. word to answer : it was against the Liberals, a nd e h ar i ne from the malt which it really possesses ; Scot for them, that our army entered Spain. for, though it is a very common remark, that al „sae to the influence of the Cabinet of London, mos t eve ry old 'woman can brew, yet from want of the 'recent events in Portugal, which the Conai- knowing the proper heats, Rsc. much of the sac tulionnelcitetva2 an .exemple to the French Go- aniline remains unextracted. The work before verinitellt, • e - Very body knows that the .English us discriminates the , ararious qualities of malt and • bad not evert' pt Ambassador in Portugal then ; hops, contains , instructions for malting, and for triad it would be to shut on - rages to evidence, not brewing London 'Porter, Brown Stout, Windsor to recognize with all Europesthat the infhience Ale, Reading Beer, Scotch Al e , an d numerous which prevailed on this occasion was w h o lly ex. o th e r descriptions of Ale and Beer ; evidently ercised by France, and that by her policy sh e has the result of a thorough kn ow l e d ge o f t h e sub _ ,re. e st a bli s hed the .Royal authority in P or t uga l, j e ct, and conveying much useful and important .US she had previously done by her arms in Spain. information. LITERARY NOTICES. FOR THE SUN. TIIE DRAMA. Mn. EDlTOR—Turning over the pages •of a certain Critical Journal, long at the head of lite rature and taste in a northern capital, I found it there set down, " in very choice English," that this is not the age of invention, but of criticism ! In their own words, " If literature in our day " has - taken this decided turn into a critical chan " nel, Is it not a presumptive proof that it ought " to do so ?"—Again, " If we insist on absolute " originality in living Writers or Artists, we " should begin by destroying the works of their 44 predecessors. We want another Osmyn to " burn and spare not, and then the work of ex " termination and the work of regeneration would "go on kindly together. Are we to learn all " that is already known, and at the same time to " invent more ?" But more immediately in re " ference to the Drama,—" The deep rich tragic " vein of SHAKSPEARP, WEBSTER, FORD, " DECKAH, MARLOW, BEAUMONT and FLETCHER, " was discovered and worked out in the time of " ELIZABETH and the two first STUARTS. Ali 4 ' that the heart of man could feel, all that the " wit of man could express on the most striking and interesting occasions, had been exhausted " by half a dozen great writers, who left little 64 to their successors but pompous turgidity or " smooth common place,—the art of swell " ing trifles into importance, or taming rough '' boldness into insipidity." With much more plausible and ingenious reasoning to the same end ; wound up, previous to the critique—Thus, " If we do not succeed in " solid folio, let us excel in light duodecimo. If " we are superficial, let us be brilliant. If we can not be profound, let us at least be popular.— " Therefore, let Reviews flourish, let Magazines " increase and multiply, let the Daily and " Weekly Newspapers live for ever ; we are " Optimists in literature, and hold, with certain " limitations, that in this respect, whatever is, is " right."* Charmed with these sentiments and opinions deliverkl by so high an authority, and which, to confess the truth, squared well with the consti tutional indolence of my disposition, 1 became a convert to their doctrine, and resolved,hencefor ward, on abandoning all the old and new ex ploded pursuits of literature. What ! the tragic vein worked out, so long back as the reign of EtazAßErrif and the STuA ?" All feeling and wit exhausted ?" Nothing left .to Authors, now a-days, to work upon but what is common and insipid ?"—A las ! for the race of Poets, Artists, Dramatists, and Historians present, and to come. No matter; Magazines, Reviews, Literary Ga zettes, and Newspapers, thank God, are still left us. "If we cannot be profound, let us at least be popular." Thus resigned, and yielding to the conviction of trath, I sedulously entered upon my new course of study. I rend the Quarterly till I became a Capulet, ready to exclaim with the Optimist— " Whatever is, is ;right !" I dozed over Weeklies and Monthlies; Gazettes, Mercantile, Military, and Literary ; studied all the leading articles of all the leading newspapers, till the aching sense of memory, and of judgment too, became totally bewildered. I conned over the Debates, small and crowded as the printing was, without spec your houses !) until the c indistinct to m y vision. spec tacles, characters (a rs plague l a w g c u a e m 0 t: both Tempted by an eastern description of the settle ment on Van Dieman's Land, 1 had nearly made up my mind to encounter the hazards of emigration—having a double object in view— change and variety of climate, together with the hope of finding a new Dramatis Personae, with which I might one day return to Europe. Where all this might have ended, it was (Hill , cult to foresee ; but, as chance would have it, my now course of study was not fated to be of long duration.—A certain Magazine, containing the seriocomic epistles of Mr. JOHN LACY, address .ed to the Dramatists of the day +, happening to fall under my observation, the medal became quickly reversed. :• For, not being extraordinari ly gifted with the virtue of consistency (by some termed obstinacy), I shame not to say that, after attentively perusini , the said epistles of the said Mr. Jon LACY, CbecatTle renegade to the doc trines I so lately believed in—particularly us to the working out of the tragic vein—and gladly gave up the hum of the coffee-room for the so lemnity of my chamber. And, in contradistinc tion to the opinions and sentiments already nar rated, as well as in part for my ovin justification, I take leave here to quote from Mr. LACY'S first letter to the Dramatists of the day, as follows :- 4‘ GENTLEMEN—As you are known to me only by your works, a visitation of Providence, which I will not obtrude upon you, debarring me not only from society, but from all— you may be anxious to learn on what plea I address you. Simply . this : I love the drama, and would hurt see the mighty m geus of British Tragedy awake from the slumber which bath oppressed her for ages. " To revive the Drama is impracticable, some (of your ene mies) will say. Allow me, Gentlemen, in your name, to re tort courteously—it is not. Prove your words, so the malig nants. Prove your own first, 'said' the advocate. " ' Tis true,—' and pity 'tit, 'tis true,"—we may not be able so far to revivify M e l pomene , t h at s h e s h a ll s pit fire and spout rain' with p rimeva l energy at the first onset. But we may so fur recover h er Ladyship from her trance, that sheshall call for her cust omary b owl of hem l oc k. Magdalene locks, an d l ook a b out h er a li tt l e . We may then tweak her Lady s hi p ' s nose, till she burst throw back her into a genuine tragedy squall: cry havoc in our ears, to sec her start a stride or two in the and, by dint of encouraging, and re proaching, perhaps at length , prevail upon her Ladyship to coaxing, shafting, ifipcavitnsgweeppinocfbitnhice,boards ; moke a few damnable faces and begin.' Renaldo, in the gardens of Armida, when ad dressed b y t h e messengers o f G o df re y, c h ange d not more su dd enly then did 1, on reading this cheering a dd ress. By ate time I had got through the seco n d ep i stle, the revo l u ti on o f o pi n i on was complete.—l n a fit of renovated spirits I tossed the light octavo i n t h e a i r ; exc l a i m i ng , as I started from my e h a i r ,—by the beard of Aris totle ! here is another nostrum titan that vended by the gentl eman i n bl ue an d buff. Stocks, tithes, and p auper ism—hence! ye are dry as d us t. Spain., West India sugar, and the Court of Chan cery—avaunt! and for ever.•--I have been vilely gulled to be sure ! Tragic vein exhaused, truly. By the mass, they are now about revivifying the sleeping Melpomene secundum argent: the most violent remedies are to be had recourse to, to • Edinburgh Review, No. 70. Article, Periodical Press. .t London Magazine for July, August, September, &c. 1023. make her spit—spout,---no matter, no matter; • Dir., which would give a tolerable clear view of its intent we of the brotherhood undersaud the meanina and meaning; it would not have the less weight well .enough. Since it is So°, coming from the Learned Chief Baron because you. I shall at least have a pat and Gilbert. Speaking of these inuendos of Tithes, he says, " That the customary payments made have with at the lady t at Easter under the denomination of Easter-Offerings, were a. pinch with the rest ;—yea and a tweak, too at first a compensation for - personal tithes fur it cannot' Melpomene's nose with the best of common right, unless it be at the same time supposed )) he reasonably supposed that an Easter-Offrinag is du9 This ebullition of spirits being calmed by half of 'em ! man right, and it seems more a dozen turns across the room, and having stated that it was first paid in lieu of something due of cone. probable that it was at first d paid in lieu of the tithe of personal labour, rather than of any d ri u g c h e t c , i w at i t ia d t, t'o i‘ t i h r e . r E g d e it n o t r l , en s z ill o b n e theother thing." Here there was a very distinct ()Pinion on that myself at my writing tablo, with Lacy on my subject from a very high authority. It is clear, that Easter Offering:l are given in lieu of the very thing now claimed,which offerings or oblations have been paid•by the persons summoned left---pro- subject my next communication to you. a fatal objection, lie (Mr. Harmer) could undertake to shew the partiality that existed in the parish of St. Andrew, because there were sonic persons who had not paid for forty years be fore that were now called on for them. Was it then not or prising that they should question a right, if it was one, which was suffered to remain dormant so long ? It was urged also, that many who now refused had paid tithes before. So t he y might ; but then they found that they had paid it in their owe wrong, and when they discovered their error, it was their duty to correct it.. But waiving every question of right (observed Mr. [fernier), I shall now, with all due submission, object to the Magistrate's jurisdiction in this case, because I conceits, that it is only what are called small tithes, recognised in common law, that are contemplated in the Statute. Per.. :tonal tithes arc those which arise from the labour and industry of man only, being the tenth part of his clear gains in trade, which are paid when due by custom, though but seldom in Eng. land. This opinion, in regard to personal tithes, is derived from Jacob's Law Dictionary, and it appears eery clearly . that they were not contemplated within the meaning of those tithes which come under the above denomination to which the Alas gistrate's jurisdiction applies. . . e Mr. MEniewrrifEn replied at some length , sail ° ''''''' ' that Mr. Harmer seemed to have fall:n into ir wise,' .y'i'pt i icri e as to his (Mr. M.'s) views in regard to 11:.. G re et s eas . I . (Mr. M.) relied on the principle of usage broadly, witlietts ing into consideration any of the localities which might lin' been against it. of parochial usage; it is necessary to chew a distinct under• standing as to that point, if we are to decide the questicele . . Mr. Serjeant SELLON—Then you do away with the autholity Mr. ME it EWET H ER rcsumed—The variation of sums ciseni ed did not do away the right, because it was not the house thatpaid the tithe, but the person who occupied it, and F "ie• to quently the sum must necessarily be variable in proportion. his capability. It was laid down by Prideaux, a veinnge nious and learned writer, who published a treatise on tithes,t,_ that every person or handicraftsman should contribute to o ne . support of the Rector of the parish in which he resided in p ox of to his earnings. There had also been a miseonceptltere of the Statute of Edward I. as regarded this subj et u were particular exemptions for London, Canterbury , e ll. ° ; .r w ., J „ ch .,„! and Coventry, from the customary payment of tithes, but those exemptions did not at all apply in the present cal; belie,'" 11 in the Learned Gentleman then concluded with expressing 1 that the object of the parishioners was rather to ascer.ta re _... precise right, than to withhold from their Rector a fair me h would iteration for his labours; and in that conviction e t might merely express a hope that such an amicable scrag}, be conic to as would prove satisfactory to all ViFties-. Quid have Mr. Sergeant SELLON commenced hadyg, he c Witted wished that a case of such importance not been ~ eee , for decision to him as one of the Bench ot' Magistrats; individual parish one of vast consequence, not merely as regarded the l e l ! , I . iu_s parish in which it originated, but to a certain exten.teattaf considered affecting the nation at large, and was enuil e _l e t°r. attention of a higher tribunal. In regard to the immedeiot__ciry7d tion, whether it should be discussed before them, he 1 thel;cc there was stronger validity in the objections urged or . P of the parish than might on a cursory view have appeare° l 4 ~,,,, referring to the Act it did not clearly seem to bins thattousq the intention of the feegislature to submit such emomen _. ~,,n • tion to a Bench of Magistrates; he conceived that the otren"„, templated was to relieve the Hector from the ex pencese sate on litigation in small cases, where the principle wascle e I l it oti. and acknowledged, and payment resisted either throuLethc, nacy or other motive ; but the present question being eat g n i on right a different character, as it is for the e.stablistunr.._,,',,tion right to claim that the parishioners contend that the jtt on lN" eo . of the Magistrates admitted some doubt. The ever, after all that had been advanced, was extremelycn r°,o,. as the Learned Counsel who conducted the plaintiff). freed ed prineipidly to rest on established usage ; he certalp, in lIIr. Harmer's view of the case, which was first cited fueowd Learned Gentleman. IVith respect to the second eero l . has from Banbury's Rep. it appeared that each parlege lee rish paid a distinct suns of twelve shillings from time ino h ' op peare Here was no partiality of claim or variation a orni p o Ad y a nceat in the present case. With respect to the argut°,l o — n - for the that if Rectors must necessarily have some colr e nest tbef modus decimandi upon certain lands when built t("„i, gall' would of course lose those tithes which they prev' ° ' ' riled t ° ed for such lands, he thought that very objection- see on icol ,, give additional weight to the argument ; for instance!, e wish ing to the Duke of Bedford's estates, particular!. '" i i . " come I nu" of St. Pancras, it would be seen that the Rector s in _ e 0 001 have inunensely increased, because, when a whole t i aul questi sr , _a wed, paid perhaps only five shillings, now by those voluntary or r e ' butions, the site of a single house returned 10s., . 7 6 ., the ;. bably a guine.t, according to the feeling of the occ i ttr eeeho eive i Learned Serjeant, after a very luminous and C o . ) "_Fl ee ie es. view of the question in all its details, concludede4ll7ooee., pressing his regret, that the Rector had iwt, in el -n o t A s bet n brought the question before a higher tribunal,. ha d been I parties concurred in the opinion that every arsutllS,,, 347 employed, he would, with the consent of ins Ir . 1 strides, withhold his final opinion fig another we..'. au ism The other Magistrattei fully concurred in tn, 15 ,. ;r aro" and Thursday next was fixed for the delivery of PROTEUS. itAnTnu°rtifie:.. ... ..... ..... Qld.. New Ditto .................. Ex. Bills I OWL 2d. ..... 5 5 P 4 Ditto ............ 54 ; Ditto ...... 5001. s t; Ditto ••• ........ 054 6 Ditto Sin'aii ... ... .. Ditto ............ 54 51 Ditto Commercial ...... Bank for Act. ................ India for Acct. •........ .. ‘,l"' 931 Cons. for Account 4/61 Wv PRICE OF STOCKS Tills Bank Stock 2.3111 3 per Cent. Red 951 95 1 3 per Cent. Con k . 95i/ D( 053 ii per Cent — Ditto Red. I per Cent. I)issti..—... hank Lon , ' Ann. Imp. 3 per Cents — India Stock . — { New... lON lIA Ditto Bondi 9:4 0716 South Sea Stock — N Ds, AT wig o'CLOCIg. Portuguese Bends . ..... MO -------Scrip ......... .0 :-.. Prussian, 3 per ct. ... ..-- Ditto NeW .................... Russian, Nor, 5 Per et•,,il Spanish 1821, bra et. "lot Alliance Shares ............ -7 Palladium .................. ......'" Equitable Loan ...... , Canadian ••••••' 10 .. ... ii i French Rentes ...... 0 rU i9 , --- Scrip .............. PRICES OP FOREIGN Fl A %Istria?) Btis, 5 per cf. ... 94 Brazilian ' 4 1 j pint Buenos Ayres pa Ilds, 6 per ct. Colombian ildx.6perct..„ Do. do. 1824 B3j Danish, 5 per cent. 104 3i Greek Scrip .. Mexican Bds 6 6if Neapolitan, 5 per cent. ... ---- Scrip Peruvian Bonds 73 IMPORTANT TITHE QUESTION. PARISH OF ST. ANDREW, HOLBORN. HAT o t•r-GA ariu Y.— Yesterday this long-pendin , r case came on to be heard before Mr. Serjeant SELLON, and Wm. Is. Roc Ens, and A. S. LUNG, Esqrs.- Mr. MEttEivrr HEIL, the Barrister, and Mr. Griffiths, one of the Vestry-clerks for the Upper Liberty of St. Andrew's,. appeared to conduct the Reverend Incumbent's case. Mr. HARMER attended on behalf of the parish. The question at issue was this :—The present Rector, the Rev. Dr. Beresford, claims a right to exact certain tithes from certain inhabitants, in certain parts of the said parish, and in various amounts, without reference to the size or value of such houses, the tithe, as he alleges, not being subtracted from or fur the house, but from anti fur the householder or handicrafts. man occupying and residing therein, and is denominated " per sonal tithe." It has therefore been levied, but seemingly on no fixed principle, because some inhabitants appear to have paid as much as 265., 205., 165., and 125., per annum, while others arc subjected only to 65., and 55., and many more are exempted from any charge hatever. On this ground the parishioners resisted the demand, conceiving that if the Rector was entitled to recover by law, the claim would have been equal and universal. In consequence of an application made abouteighteen months since on the part of the Rector, it was deemed necessary to pro duce certain books and parish records of ancient date, to esta blish the ground urged by the Incumbent in support of his claim—namely, usage from time immemorial ; and the Magic trntes would then be enabled to give a inure decisive opinion on hearing the merits of the case. In compliance with this requisition, Mr. Griffiths, with great labour anti research, got together a ponderous heap of musty records, so far back as the year 1643, with tile intervening pe riods up to the present time. Mr. MErtEwETHEit opened the case, and said he trusted that no objections would be raised by the defendants as to the mode of service or other preliminary forms, but that they would be content to go into the merits of the question itself. Mr. flAustErt said he was quite ready to waive every such objection, being satisfied that no unfair advantage would be taken of his clients. octlorlicon A irslli f eeol t o . )onll MEftEWETllEn then said that they would take the case of Mr. Wasp. A demand had been made on this person for tithe, which it appeared had been paid by him, or at all events by the previous occupant of the house in which he now resides, for a period of nearly fifty years. The main question at issue Seemed to him to be, on what grounds was this tithe exacted? The right of tithes was of too ancient establishment to ad mit of a doubt generally ; and particularly as regarded the present case he could undertake to shew that it was no less valid. Tithes are payable, it is - well known, on ground or land producing any certain return, and were designed as a fair and lawful recompense . to the clergyman for his labours. When l a iii n awi d tt ; otwhil l a, a o i c d itioeur n eb e pse a l r wapere c eer i sse t n i ; enesi,leiltittrirtenieleva:ciitoo, consequence houses u o uwseene l re o ce t: vlo s ie e ft ri s bteill l e t ee e tr i eo l ex t g ettteiett:i b ilse t i l oo i i l nnn t b t ensressiclitiltuoon houses oiubeusdese with tn ;: shdie a lse n di t t l n,hc w awrte l i t lit s s e i t o b f e i c )o a p u u s e l a t t i l o i e n I t t i e u c tt ir l Iris ina f - p ic r h ey w io t u n s d lY l i b m e id ti t ' i e th c e a s se w i a f a ti t t o e erection co ni e abolish that tithe ? That, indeed, would be an unreasonable, a monstrous conclusion. But the fact was, the tithe now de manded by Dr. Beresford was not on a tithe on the house it self ;it was either a composition for a tithe on land —a modus decimandi for support of the Clergy, which was established by Ecclesiastical Decree ; it was a composition for personal tithe,. which was rentiered equally valid by its h a ving been paid from time immemorial. On either of these grounds the Incumbent telt his claims supported ; but he (Mr. M.) would go on the broad basis of custom chiefly, and If he could, from ancient records, shew that this tithe had been so paid, he conceived the question of right must necessarily be proved. The Learned Gentleman then cited the case of Dr. Grant, D. 1)., 11th Coke, P. ill. This was a case where a men named 'Taylor had refused the payment of 2s. claimed by the Rev. Divine as tithe, on the principle of established usage, due to him out of the defendant's holdings in the parishes of St. Leonard and St. Martin-le-Grand. The defendant contended, that the Incumbent could not shew any legal authority for the demand, and therefore resisted it. The Court, however, after hearing arguments for and against, directed the points in the Reverend Doctor's favour, on the principle that it appeared to have been an established custom from time immemorial. However, observed the Learned Counsel, it is but justice to add, that Coke has a note on this case, wherein he says that he doubted much the pro priety of that decision. Another argument arose in the same case, that nothing was liable to tithe except that which grows and renews every year, and on which tit to was payable ac cording to the act of God, 6a.; but this objection was also set aside, inasmuch as that the ground on which the house was erected had previously paid such tithe, and it conse quently had a lawful beginning. The Learned Gentleman then cited a case from Bunbury's Reports, which was heard in 1721, relating to houses in Suffolk, when the claim of usage was then set up and recoglized by the Court as sufficient grounds for the demand. The last case which he begged to cell the Magistrates' attention to, as being more directly perti nent, s particularly as to the local circumstances, was one f ront Tithe Cases, wherein the defendant was an inh a bit ant o ‘r s oo t. d' A Andrew's parish, the one now in dispute; the case was that of Barton and Ibbertson ; the defendant was proprieio r o f the Blue Boar Inn, Holborn ; this person, afte r p ay i ng f or a series of years the tithe demanded, took an objection, the same ,adteletecilli,tiraaltlitodnidwnaostfialepdpeoind,thaleliiitadretcoisfi'otnhewilisncouvmebnetiint fa vour as that now set up, that no right co u ld b e s h ewn f or i ts exec which answer wa s p ut i n ; b ut when the case came on to, be exac tion of the claimant. In regard to this case, the Learned Gen tlFinan observed, that he did not rely much on it, as the merits of the question were not fully discussed; however, it went to shew that the Court recognized the principle set out. - John Reeve, the Collector of the Rectorial Tithes, proved the demand being' made at the house of Mr. Wasp on the 24th of August 1824, and produced one of the re ce ip t b oo k s, with an entry written by witness —" Desired to pay, 24th Aug.—J. R." On cross-examination by Mr. ft NEU, the witness ad mitted th a t he only called at certain houses ; that there were many persons on whom he had no direction to call. Witness did not know that . those tithes were cons id ere d as a compensa tion for Easter Offerings, or that Easter Offerings were paid by those gentlemen to whom he presented receipts. . Mr. Gairmus, the Vestry Cl er k, was th sen worn. Mr. 11 itinck—Do all the houses in the parish pay tithes ? —No, certainly not, thought the tithe is demandable. HaitstEtt—Do not those very persons and many others of the parishioners pay what is termed Easter Offerings ? Most certainly. Mr. LIAIMEII—Were those Easter Offerings or Oblations a voluntary gift ?—Yes ; I think so. Mr. IlanatEtt—You allow, then', that they have not been paid as of common right ?—I do. Mr. IlanatEtt—Does it not appear, then, that they were first paid in lieu of something of common right—pentonal tithe for instance?—l ant not prepared to say precisely, but I think not. Mr. HARMER then stated, that it was in fact quite unneces sary to obtain any further evidence on the question. He should, with great respect, submit to the Bench, tfiat in his- mind the very cases cited by the Learned Counsel (Mr. Merewether) in support of the claim, would have quite a contrary tendency as regarded the present case. By the 7th and filth of William I , cap. 6, the recovery of small tithes was provided for in these words :—" According to the rights, customs, and prescriptions, commonly used within the said parishes respectively." Now, if the Learned Gentleman intended to rely on right and custom in support of his case, he (Mr. Harmer) did not conceive that the case cited proved the existence either of the one or the other as compared with the present question ; in fact, he (Mr. H.) had to thank the Learned Gentleman for . mentioning the case of Dr. Grant—there the universality of the demand throughout the parish was distinctly proved, and, on that round alone, the decision was favourable to the Incumbent's claim; and y e t, it appeared, as was admitted by the Learned Gentleman himself, that Coke, an ingenuious and aecumphshed Lawyer anti Judge, had, in a note, given a kind of indirect dissent from that decision. Mr. Ilarnier then adverted to the other cases cited, and observed that he did not conceive them to be at all in point. The second would be resisted precisely on the s a me grounds as that of Dr. Grant's; and in the third, that of Burton and lbbertson, there being no decision, „ix was scarcely worth consideration. Mr. Harmer then alluded to the Easter Gift, which had been already referred to, and begged to read an extract from Bacon's Abridgement, Title Tittle, letter TOttElGht NAILS. Aituirtp• 0 Guernsey and Jersey Lisbon (lottenburgh Ilamburgh • Holland . France . America 1011 WATER TO AT LONDON BRIDGE ; - { 0 31()"1 urning, 31 minutes a fter 6. 1 Evening , ° " nu" 0 THE s UN. 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