The National Register.
London, England, 1818-02-23 00:00:00

91. d.

incrust;
nod I own savours'itrotwly, .nit view it of
r• •

- .. ..
—The next point to which 1 would stish to call t!.e.
attention of the [louse, is to compositijEi real, w1,'..,,
are composition.; made betwerit pemon, patron mid or-
dinary, which might legally have been done till the re'-
training act of the I tit' Elizeletth, chary lit. Many.
such, no &edit, were made. la a lapse of 2.40 rears
since these. agreetnonts were restricted, menus 1..1,
letee been tlestroytel or lost. That et the revcdution,
the 31st of ['clay VIII., 15.39, nearly one third of the
whole pm;ierty of tithes, passed into the hand: of the
Crown, roil was gold and disposed of. That 111:s le r-
tion of tithes liecame, to all iottniet an-I pur;;:eee, a
temporal possession, and was parcelled out and sehl tee
individuals titaey never hail the originel deed tiler:tee:.
:we in their pessession. Now, the law rolee us 1,)
cotepositione, tint? possessien is no proof of title, no
presumption of tin t te.i.,inal grant. The deed, ue I
the deed only, is proof of any title. T:.ie I: I
11ffiTIStreolg dot trille ; ".;I::t does 1.0111 Ellesmere,
lard Chnneeller, svith the principal .Itelgeseety, fla-
(e pipes es! ilk:: rerosot, anti Iceords nod letters patent,
and ether writinge. either eiatsureed, or are lost, cur are
etithe.zeled ; and t N 011 fisrliid that aneitnt grant; and
deeds should be thetwn in quiehion, ulthreig); tbate4m-
not he sliewn which At 11r4 was neccesary to the pro,
teetiim of the thing. Lord il haft, itt Slade tell
Drake, says, it is a strange unoinaly to be thus dif-
fer ing from all other cases of lacy ; for whereas pre.:
scription and ;Antiquity of time justifies all other titlest
and supposeth the best begiiiiiiug the law can givie
them. In this case. it works clean vontrary, and this)
in tarorent ceelesia., h.,:t ht:eiten should assail the
church. Now, if just and equitable as to the church,
tint have no reteretite to thou lay impropriator.--
In the ease.. of Ban: aad Evaree 1 :%;5, the Court will
not presume any grant or. purchase of tithes, not even
in a case of a lay intproi z ettor. Many ,lodges have at
tiiili..rent time expressed disettisfaction at this doctrine.
-iethe lete Lord 'Chief Baron of .Inn Exchequer, in 4.
eAse. Lora Petra and .111 Tau ee, • t 1(.3'4.- exereeeed him..
telt' thus:- " These detA*.niihtiftl .:ere piti.letps to its
lanientetl; I should have iikcs' better to have found,
in reeurd to tithes, the we prine.ipal of tleciedun whits's
regulates the title to e. 46 -testier fee. If non-payment
for any length of time fit: ns ao pressitnpticn of a grunt
of the tithes, then the . length of enjoyment, which in
all tither -eases is the best possible title, serves et 4 t',
weaken the claim of exemption nem tither, ,Is the dig.
ficulty of truing the origin is encreased." Lord Lotigh.
borough, ill the case of Rose and Collard. lie Char-
eery, I SISO, also expressed his dissatisfaCtion. And
the present Lord Chancellor, in the ease of Berney anl
Harvey, in -I 809, says, " I do not think that I (eight
now to dietirb this doctrine, which has prevailed to .
lono, whatever I might have origitially thought of ii."
—ln the lase of Fanshaw end Ilere, in the Eerie..
pier, 174:3, Baron Clark expressed himself on this
peint, as follows: " I know no case that dews t
more cent•itleratien than this ; for though the author'',
ties against such a ta.iseriptititt (meaning a prescription
in nun dee;lnitn.lo., arc very great, yet the olliertitais to
than grows weaker every day. lief Ore the lit:forma-
tion, all tithes were ecclesiastival, and a layman could
have theta by di:telt:age tinily, Lv tite grant of Parson,
l'atrote:.and it)11140ory. ,Siatez that tittle there are. amity
other witysebythi)it having tithes, at,d lisieg tlischarged
frinii•thent. Sitiee tithes have.been in'the 'lianas et-
lity-itapropriators, many peesonx. have pm-chased di s.
eherges fir ,h •ir particular 1311:is ,i• yet if these grants
arc lost itt the common thte of thing.. ;flose persons
must loose the benefit .of their• vurekases, and that
must often happen, though they be inrolled, or say
other way lie taken to preserve them. Very few re-
cords relating to the church are now extant, and it
would be very hard that time, that strengthens all
other rights, should weaken this." I should hope,
Sir, there: will be ii“le doubt Of Coe justice of giving to
uninterrupted possession that rifht.it has in all other
rit
eases, aea'nst the Church. Against the lay-imp . •.• ..
tors there ceanot be a eltalow of pretence rim-
ho ding its On this point Ido get anticipate an db.
jertion. Front and after the 68th of Viatica',
1570, agreements were made: Ott conveyances, ex..
changes and emitpovitions, sanctioned by 16 decree ~f
Chaerery ; all incloeures of wastee, drainages. &c. were
carried into effect by this mode, and held valid, tit
the discussion ley Lord Northington, 174(7, in the ca.sent' the Attorney General and Mori v.. Cholnilev, when
they were dithered to he invalid. In the space of l 9
years, many avectneuts were male .tad teattitel ;ray

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