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

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
driugchetc,i
watitiadt,t'oi‘tihre.rEgdeitnotrl,enszillobne 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 they
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'ptiicrie
as to his (Mr. M.'s) views in regard to 11:.. Greet 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
one.
support of the Rector of the parish in which he resided in pox
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, ell. °;.rw.,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
lel!
,I. iu_s
parish in which it originated, but to a certain exten.teattaf
considered affecting the nation at large, and was enuile_let°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°l4 ~,,,,
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 wasclee Ilit oti.
and acknowledged, and payment resisted either throuLethc,
nacy or other motive ; but the present question being
eatgn ion
right a different character, as it is for the e.stablistunr.._,,',,tion
right to claim that the parishioners contend that the jttonlN" 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 eerol. has
from Banbury's Rep. it appeared that each parlegeleerish
paid a distinct suns of twelve shillings from time inoh'oppeare
Here was no partiality of claim or variation a ornipoAdyanceat
in the present case. With respect to the argut°,lo—n- for the
that if Rectors must necessarily have some colrenest 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- seeon icol,,
give additional weight to the argument ; for instance!,e wish
ing to the Duke of Bedford's estates, particular!. '"
i i." come Inu"
of St. Pancras, it would be seen that the Rector s in
_e 0001
have inunensely increased, because, when a whole ti aul-
questi
sr,
_awed,
paid perhaps only five shillings, now by those voluntary or re'
butions, the site of a single house returned 10s., . 76., the ;.
bably a guine.t, according to the feeling of the occittreeehoeive i
Learned Serjeant, after a very luminous and Co.)"_Fleeie es.
view of the question in all its details, concludede4ll7ooee.,
pressing his regret, that the Rector had iwt, in el -not As betn
brought the question before a higher tribunal,. had 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. ..... 55 P 4
Ditto ............ 54 ;
Ditto ...... 5001. st;
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. Conk. 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
.. ... iii
French Rentes ...... 0 rUi9,
--- 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