The Sun.
London, England, 1836-11-01 00:00:00

COMMUTATION OF TITHES.

We are happy to see, from arl.vertisements in our own
and other Provincial Journals, that a large proportion of
land and tithe proprietors are. preparing to carry t}.e pro-
visions of the Act into effect by voluntary commutation.
It is much better that these steps should be taken by the
parties who are personally interested, because, even in the
g to a satisfactory .agreement, the
event of their not comin
ground will be consider mly cleared, and many facts and
circumstances will be collected, when the time shall arrive
for the Commissioners to take the affairs into their hands.
In the fourth page of our paper we have occupied some
space in our observations on Mr. Barnes's pamphlet. The
opinion that his remarks were calculated to impede volun-
tary and amicable agreements has been generally adopted
by those who have read his work with attention ; and
we know that some of the Tithe Commissioners, if not all,
entirely dissent from the, views he has taken. In our cri-
tique on his work, w a believe we have shown that Mr.
Barnes did not unti.orttand the Act of Parliament in the
spirit that he bI,S chosen to interpret the analysis of
Mr. White ; 'K e, therefore, think it extremely disingc-
nous to al.tempt to pervert the real intention of a
legislativ a enactment, from a mere casual word which may
have 'snintentionally escaped one of its commentators. At
Commencement of his work, Mr. Barnes assumes that
Tithe is to be calculated on present value, by which,
'we suppose, he means the average produce or compositions
for Tithe of seven years, ending Christmas, 1835. His
expression of " present value" is frequently repeated, and is
a vague mode of contemplating an average period of seven
years' duration ; still, we cannot conceive that, in the face
of the letter of the Act, he could have meant any other pe-
riod. If, then, we arc correct in assuming that Mr. Barnes
did actually test the present value by the average calcula-
tion of seven years,,then his expression merely required an
explanation, and was, virtually, correct. So far, under cor-
rection, we are willing to give him credit for intending to
state what is correct, viz., that the basis of the Act is,
the net amount paid and received during the last seven
years, subject to a correction, by the Commissior.ers,
to the amount of one-fifth, either by reduction or
addition, as the justice of the case may require. As Mr.
Barnes proceeds, however, he seems to forget this funda-.
mental principle, and argues the necessity of a valuation
(f all the lands as a preliminary step towards voluntary
commutation ; his avowed object for this is, to lay before
the Patron and Bishop a fair amount for permanent com-
mutation ; which is followed by an indirett assumption that
the Commissioners must act upon the valuation made, and
take a prospective view of imprrSvernent by adopting the
succeeding scale, and add twenty per cent. as a bonus for
permanent value. In this, laowever, Mr. Barnes is totally
mistaken, for the Act does not prescribe any fixed standard
beyond the average 'payments of the last seven years, by
which the ConTaissioners are to be guided ; they are to
act from tlseir own judgment (and, if they please, may
appoint surveyors to guide them), whether the average
payments represent the value, or whether a fiftla should
be added or deducted, as may appear most just, but they
are not to take into the account the sper:ulative theory
laid down by Mr. Barnes. , Mr. Bary es also goes fur-
ther. He would assign to a separate adjudication all
cases where the amount of composqions, and twenty per
cent, added, would not meet w'sat he terms the actual
value, and by which, we suppe,se, be means the amount;
ascertained by the valuation, to be made previous to the
agreement. Now, by this, be would render the Tithe Act
an inoperative measure, for, as the compositions of the I,4st
seven years were not likely to contemplate the value of
tithe now and Isereafter, bow is it probable that those com-
positions, sven with a fifth added, would meet Mr. J'Arnes's
view nt the subject ? Every case, therefore, wWd be laid
'aside for separate adjudication, and some fisiure Parlia-
ment would have to consider new plans and 'regulations for
framing another Commutation of Tithes Bill. We are
aware that there will be many special cases, such as fraur],
collusion, or unjust compositions, upon which the COMM 1S-
Siollerg will have to frame future rules for settlement, an,:t to
report to Parliament how they will exercise their di sure-
' tion. But this will be a matter entirely for their derision,
and not dependent on the circumstances which Mr. Barnes
has coutetnplatcd.— Sherborne Journal.

Lord Howard de Walden's carriages will be shipped
this week for Portugal,