The Sun.
London, England, 1835-04-21 00:00:00

ECCLESIASTICAL USURPATION.

Mr. J. L. Livingstone has published a very inte-
resting pamphlet, in which he has called the public
attention to some highly important matters intimately
connected with Church Reform, which seem hitherto
to have altogether escaped notice. Mr. L. has made
it appear, by the clearest evidence, that the Church
is, and has long been, in the possession of much
patronage and great revenue, to which it has no just
title, and by the usurpation of which individuals have
been defrauded of their rights, and the public put to
an enormous expense.

The first part of the pamphlet refers to the subject
of patronage. By certain Acts of Parliament passed
in the reigns of Charles 11. and Queen Anne, the
Church patronage in the hands of Irish Catholics was
taken from them, and vested in the Crown as trustee,
until such patrons or their heirs should conform to the
Protestant religion. The English Catholics were, in
a similar manner, and on the same conditions, divested
of the Church patronage held by them, and their
right to present to Livings was transferred to the
Universities as their trustees. Now, many of
the heirs of the Catholic patrons, thus conditionally de-
prived of their undisputed rights, have conformed to
the Protestant religion. The condition of re-instate-
ment has, therefore, been fulfilled, and the trusts have
ceased and determined, and all that is incumbent on
the claimants to do, in order to be restored to the ex-
ercise of their suspended rights, would seem, in com-
mon justice, to be to prove their descent and their
conformity. But no, say the Irish Bishops and the
English Universities—to receive and to give up are very
different things. We have no relish for the refunding
system ; it is neither founded on ecclesiastical principles,
nor consistent with ecclesiastical practice. These consci-
entious trustees insist on being ousted according to the
most approved method. The law is open to the
claimant ; let him resort to it. It happens, however,
that the legal process by which the patron may regain
his right, would cost him from 2,0001. to 3,0001., a
greater sum than the patronage in many cases
is worth. Mr. Livingstone proposes that a Com-
mission, or a Committee of the House of Commons,
should be appointed to investigate the claims both of
those who now exercise, and of those who seek to
recover, the right of presenting to those livings, and
to prepare an Act to re-invest the real patrons with
the rights and privileges enjoyed by their ancestors.

Mr. L. has taken the opinion of eminent Counsel,whose
authority confirms his own views, both as to the justice
of such claims, and the mode by which it is proposed
to substantiate them.
The second part of Mr. Livingstone's Pamphlet re-
lates to a much more important subject. Before the
Reformation the Pope received from the English and
Irish clergy the first fruits and profits, for one year, of
every benefice in England and Ireland. When Henry
VIII. had seated himself in the Pope's Chair, these
first fruits and profits were transferred to him by Act
of Parliament, with the additional grant of an annual
payment, amounting to one-tenth of the value of every
benefice in England and Wales, from an Archbishopric
downwards. The Chancellor of England and the
Master of the Rolls were empowered and directed to
ascertain by every means in their power, from time to time,
the just and true value of the said Archbishoprics, &c.,
and heavy penalties were incurred by those Ecclesi-
astics who should dare to enter upon possession of their
Livings without first satisfying the King's claims. The
revenue thus derived from Church Property, we may
remark, was not appropriated to purposes strictly Ec-
clesiastical, as the modern phrase is. The King
spent the money as he pleased, for the doctrine of in-
violability, as regarded Church Property, found no
favour in his sight.
The revenue thus accruing to the Crown from Irish
livings was, by an Act of Parliament, passed in the reign
of Queen Anne,appropriated to create a fund in perpetuity
for providing glebe houses in that country where there
were none, and for augmenting such Livings as were in-
adequate to the decent maintenance of the incumbents.
It would appear that the Commissioners appointed from
tune to time had been rather remiss in the duty assigned
them, of ascertaining " the just and true value of all and
singular the Archbishoprics," &c. ; and, somehow or
other, it was more satisfactory for the payers of first
fruits to continue to pay according to the value of their
livings in the good old days of bluff King Hal, than
to have the bother of periodical valuations in these
later times.

In the year 1812, however, two gentlemen were ap-
pointed Commissioners, in order to receive the first
fruits in Ireland, and to examine into the present value
of Irish benefices. These gentlemen (Messrs. Glass-
cock and Mason) met with no assistance, in the execu-
tion of their office, from the clergy. They were opposed
tooth and nail, by Archbishops, Bishops, Archdeacons,
Deans, Rectors and Vicars.

Complaints were lodged at head-quarters against
their mode of proceeding, and our Tory rulers threatened
to withdraw their Commission if they should persevere
in executing it. What loss the public have sustained
from the shameless manner in which this branch of
the revenue has been managed, may be gathered from
the following extract :

" By a Parliamentary return, which was ordered by the
House of Commons to be printed 10th May, 1833, it appears
that the net income of the archbishops and bishops of
Ireland amounted to 128,8081. Bs. 3 d. ; by a similar return
of the same date, the net income of the deans, &c., is stated
to be 2,2051. 6s. 71-d. ; and in the Mirror of Parliament
of the 12th of February, 1833, Lord Althorp is reported to
have stated the net income of the beneficed clergy of Ire-
land to amount to 600,0001. per annum—a statement which
was founded on the same data and information from which
the above returns were framed, and which was col-
lected and arranged under the direction of a Royal commis-
sion, composed in part of several dignitaries of the Church.
Thus the net income, profits, or fruits of the Established
Church in Ireland, by the admission of the hierarchy and
clergy themselves, amounts to 731,0131. I4s. lid. per annum;
while, by another return ordered by the House of Commons
to be printed 30th March, 1831, it appears, that during a
period of eighteen years the entire sum paid by the dignitaries
and clergy of this Church, as the amount of the first fruits or
first year's profits of their respective benefices, was only
9,9471. I ls. 3d. Now, allowing fourteen years as the aver-
age extent of each incumbent's continuance in his benefice,
and supposing them to have paid, as their first fruit, that sum
which, in the patentee's and his law adviser's (Mr. Allen's)
opinion, was the true and just, whole and entire yearly values'
of their respective benefices, the above-mentioned sum of
731,013/. 14s. I Id. would have been twice paid to the re-
ceiver, making a total of 1,462,0271. 9s. 10d. during the same
period of time in which the above sum of 9,9471. 11s. 3-id.
only was collected according to the nominal values, thereby
leaving a balance of 1,452,0791. 18s. 60 due by the le ierarchy
and clergy to this fund, or rather to the public, who have bete
taxed to that amount to cover their default.
" By another return, ordered by the House of Commons to

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be printed, 26th of January, 1832,. it appears that within
same perion of eighteen years, several Parliamentary goats:.
amounting to 465,387/. 3s. 4d. were made to the trustees
first fruits in Ireland, to supply the deficiency in thakte 0.
and besides these large grants of the public money, theke has
been, to meet the same deficiency on the part of thefirst fruits
!Viand, heavy taxation imposed on the people, under the dent);
illation of vestry cess ; which, if taken at an average °' ,
000/. per annum, would, during the said period, amount t? ,
1,.?,
I I, 0,000/. : so that, within the short space of time for %chic
these calculations have been made, it appears the country 121 s
been altogether taxed to the amount of 1,545,3871. 3s. 4d. Jur
purplises for which these first fruits' fund was expressly ar.
propriated, and which, if properly collected and carOd ',
managed, would have been quite adequate to meet every
sary and reasonable expense of the Church, without calling °1:1'
the country to contribute any thing towards its support: an,
though, on the face of the foregoing calculation, the ainounb
of the true and real first fruits, or first year's profits, falls a little
short of the sum with which the country was taxed ; yet it is
to be observed, that the trustees had other funds of considers'
ble amount at their disposal, such as bequests, componsati°
for suppressed boroughs, &c., which would have more thana
have supplied the difference between those two items, att
have rendered it altogether unnecessary for those trustees to
have drawn on the public purse, either through Parliament or
otherwise."
So much with respect to Ireland. In England the
neces-
same course seems to have been pursued, but the loss
to the public has been much greater, as, in addition t°
the first fruits, the annual tenth of the value of all be'
nefices not under 501. per annum originally granted, as
we have said, to Henry VIII , was set apart in the
reign of Queen Anne, under the name of " Queen
6
Anne's Bounty," for the augmentation of the livings
of
of the poorer clergy. The provisions of the Act ,
a
of Parliament have been altogether disregarded, and
the result is thus stated by Mr. Livingstone : be
" By a return ordered by the House of Commons to f
printed, 20th May, 1830, being ' An Account of all Sures
theof
Money paid into the First Fruits Office, Temple, during s
ten years last past, by the several Archbishops, Bishops, peapi
Archdeacons, and Prebends of England and Wales, ',,na.,
which said Money has been paid into the Receipt of his tA.
jesty's Exchequer, it appears that the sum of 16,663/. 145• ucs
only was received ; but .as the above do not cornPr of
the whole of the beneficed clergy liable to the paYinentat
the first fruits, it has been ascertained that the arn°-/
thereof does not, on an average, exceed between 4,01;
and 5,0001. per annum. The annual amount of tv
tenths paid is only 9,4581. Is. 51-d., and these sums are e;
certain persons considered to 13-e, and arc taken and 'a
ceived, as the just and true value of the first-fruits
and
tenths of all archbishoprics, bishoprics, &c., in England _
Wales. By.a report of the Commissioners of Ecclesiastical g '
ea
venue Inquiry ordered by the House of Commons to be Printthe
on the 26th of July, 1834, it is reported that the amount oe. 'at
annual revenues of the several archiepiscopal and oPisc°llo,
sees in England and Wales, if 180,46., the amount of the
'4 a
veral cathedral churches and collegiate churches in Eugriallins
and Wales, together with the separate annual revenues of
ca'
several dignitaries and other spiritual persons, members cll of
thedral or-collegiate churches, is 350,8611., the nurnbeirea
benefices in England aed Wales is ten thousand seven hug 1,
and one, the income of which is reported to be 3,253,67,d1
making the total amount of Church property in EglThe
3,784,985/., which, it is submitted, ought, according t° ig-
the statutes, to be considered the just and true first-fruits, pet
stead of being 4,000/. and 5,000/. as before stated. 1;1%4
amount of the annual revenues of the above, after deoal-pnth
certain fees, &c., is stated to be 3,491,19 d, the one" be
part of which, viz.-349,1191. it is also submitted she,,u,' it
considered the annual tenths to be paid into Queen 11-.: at
Bounty, and nat the nominal sum of 9,4581. Is. 50. `'
-

present paid for tenths."
Tr, this very im•

dilet is a'

'ended