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

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. .mother mode of dischirge is by :. iike 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 modus; 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.,eie. 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 enjoyment.
• 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.