The British Press; or, Morning Literary Advertiser.
London, England, 1824-09-06 00:00:00

nue he can extract teem the parishioners, and indif-
ferent to their opinion of his conduct, appears deter-
mined to push his demands as far as the molt oppressive
construetku of the law will carry them. In reply to
every eppeal made to him, he has referred to the letter of
the law, and by that rule only will he surer the question
to be decided. By the law, therefore,. both parties
must be judged ; and all that each has at the present ns-
mcnt to know is, what is the law with respect to the matter
imlisplee. The Act of the 37th of Henry VIII., entitled
" An Act for Tithes in London," was passed, expressly, as
we are told in the preamble, because " of late time con-
tentien, strife, and variance had arisen and grown within
the City of London and the liberties of the same, between
the Parsons, Vicars, and Curates of the said city, and the
citizens and inhabitants of the sante, for and concerning the
payment of tithes, oblations, and other duties, for appeas-
ing whereof "it was enacted, that a Commission, consisting
of the Archbishop and certain Lords and Knights therein
named, should, before allay named in the Act, make an or-
der, direction, or decree, which should be enrolled in the
King's High Court of Chancery, and which should
thenceforth be binding equally on the Citizens and
the Clergy for ever. The validity of this decree, how-
ever, depended altogether on its being made and en-
rolled before the clay fixed for that purpose, and there
is every reason to believe that the decree, though
made, was never enrolled. his nowhere to be found ; and,
in a suit in Chancery in 612, the Rector of St. Gabriel,
Fenchurch, admits distinctly, that the " decree was never
enrolled us it ought to hare been." In a treatise written by
Dr. Walton, one of the ejected clergy under the Common-
wealth, he states, that "the clergy were too wise to enrol
the decree, because it reduced their stipend from 3s. Sel. to
es. 9el. in the pound." It is true that in many suits that
have been instituted under this Act, the validity of the
decree was never questioned; and it i 3 not a little singular,'
that in 1649, about the very titue Dr. Walton was writing
his treatise, in an action for false. imprisonment against
the Lord Mayor under this Act, an issue was taken
for the trial of the fact of enrolment, and that the jury
found for the fact. The circumetances of those timesl
must shed some suspicion en the verdict, but even supposing
it to be above suspicion, the fiuding of one jury establishes
the fact only against the parties in that particular suit. It
lays down no rule for another jury, who must be governed
by the evidence adduced before them, and not by the
evidence adduced before a former jury. At any rate, the
fact is sufficiently doubtful to warrant the resistance about
to be made by the parishioners, if by that alone they can be'
saved from the heavy chi; rcs imposed on them by the lay
impropriator. We are generally averse to ueeociations for
the purposes of legal offence or defence, Let in this awe
we perfectly approve of the combination in defence of their
common interests. We hope, however, that the dipute
will not be carried to extremities. A fair and honourable
compromise would be judicious on both sides; and con-
sidering the " glorious ueccrtainty of the law," we never
knew an instance in which common sense more obviously
pointed out to the litigants the propriety of making a rea-
sonable composition. If the lay impropriator persists in
going beyond tho amount with which his predecessor was
=tidier], we arc of opinion, certainly, that the parishion-
ers ought to proceed; but if he will listen to terms, we
would reeouttneaul to them a careful consideration of the
Report of the Special Committee of the Corporation in i
lei , which we subjoin. The parishioners are perhaps,'
just now, in that state of feeling in which men are who
conceive they are resisting an act of opprenden ; but we
would seriously advise them to pause and reflect before
they commit themselves abeolutey and finally to all the
consequences that will follow an advert: edjudication of
their suit.

" Your Committee, to the centre of our Inves:lgation, have been
made most truly %milli?, of the extreme hardships that arc likely
to fall upon the inhabitants of those parishes, within the City of
London and its Liberties, 'hie% were not de troyed by the dies&
ful give in tho year ICB6, by the recent and exorbitant claims set up
on the pat: ef the parsons and huprepriators of these parishes, to
have al the 441.1a1/6 and inhabitants the sum of mss. 91. in the pound,
upon the uteaeLt rents paid by them for their sever.ll houses, and
which, from the best into:motion we have been 'ens' red to obtain,
we aro &en:edit, of opinion the said larsons avid anproptiams
were never entitled to receive to their own immediate etc and bete-
fit; fur although the citizens were r.CCUSt3OI:4I In (MKT times ti3O'
pay carious sums in the course of the year, by way of offerings at
oLLitior.s amounting to ''s. ild. in the pound, on the then value of
houses, mo,lzrarely estimated, and at porno periods more, yet the
e!..ri:y had tot t'.c whole receipts, but the seine appear to hare been
paid ihto the common tr.astuy of the parish, at Li tram thence ep.
portiened and applied to the following purposes, viz. to the susten.
vs:ion and relief of the poor, to the repairs of the thumb, and to
the support of the cler;ry,
'6 We be; leave fur.her te eettli'y, that the said Tithes are levied
with gnat ir.zquality ; tu.l that by the prosecution of the claims to
increase the same, many of the citizens and inhabit zeta Lave been
harassed and oppressed by vexatious anti expensive law-suits, and
who, in failure. ef their obi:iv to pay, we hiab:u to the pailetual
LEptisonment of their persons—to ay.,.01 which, seri:fel have been
complied to comply with thoLse exorbitant demands so claimed, not
only to their own serious injury, but to the injury of their
parishiouers, inasmuch as if the said claims are rot at this present
time g.rwrally resisted, or some elac'..mt law la not provided to
remedy these evils, it may be drawn Into yr:hie:it, that the said i
sum of two shillings and ninepence in the pound has been dem:aided
and paid in sundry parishes, shich in all probability may establish
so heavy a • oration upon the eitisens and inhabitants of those par.
Cicala pandits as must tend to diminish the population of the
:awe, and whida but few individuals will hi eaahlod to support,
" Therefore, tirti^r all the circumstances, and in order that all
disputa titai.:n the clergy and the citizens and inhabinuas of this
city may bet... Teeter w•t at rest. we aro of caelnion that it is expe-
dients,' application sl,oLl be made to tha-Legislature, as early as
possible. for to. Actor Parliament, floe the better Baden:ant of the
•. and curatak of the seve:al ruiblics in the ell" kit
London end l'.‘berti:s thereof, which gimped the thixad:ul the in
the year ICS;."

An article of rather too 1-nlml:int:us a r.stuve ar-
petued in yesterday's freckly Disp“ki, relative to the
entry, wit!ci: re caanut aftbrd spree to quote. It refeis
s.cority for paymasters, whose a counts have not &et:
settiod vi:•lt't: a petiorl which Mr. Heil (editor of the DZs-
pi!e!‘) thinks very fairly sbe.:l.l hear sureties licriultes, but
which; at the !Jamie time, the Secretary et 11'ar, ES a public
sztrezut, feels it his duty to notic with a yiew to aid the
itorfrfte:o. We carob% enter ir to ;:te statements of Mr. ice!!
er,1r..,1%..d. to those of land l'ahtterston ; Lut this we must
ray, that from various particulars which have noel:et! rt.,
it is big!: time that raymaaters, rectuiting Matters, anti
mess oflicers, aetin...; as a Cumutission during tin: 03.4. ma:
of authorised paymasters LAimeatts, should he ittformed
wh.-ther, havaig sent in their accounts, and no queries or
stt-eharees belt:3 made, they are nevertheless :table, after
the lapse of any indefinite intriod of year a, to be auswerablz!
for the defalc..tteifs which may be dis.e,rt-; ed. Irc are fully
as are of the tioheate situation of any fccretary at IVA: ;
He conduct is elwaya liaLle to rentotk,ruel orlon to censure;
not tier all, let any tationt.l man ask hiu.sell what is hr
to do, if he fully and faiihfully tihtcharfte his duty to the
public? The remedy for any euistiug evil in thin respect
is not in the bands of the S..erctary at iVar, but la the Lc-
gisieture ' • and we have no denht (riving it reeray u
matter ofopluicn) that the Statutecf Limit:lt:one, liberally
construed, applies to thew macs. We a:c induced to notice
this cutijeet, noillecaus.! of any individual can:plaint ; hut
'etelt:re we ftcl satisfied his :llajeaty's Geverement are Ilia-,
pti.:ted to relieve e7ery class at the people from :my and ever!
burden to which the exigetteies of the state cut actually
revive thttrk t t tattt:;otne.