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CLERGY ORPHAN SCHOOL. is more widely diffused, it will be We know few charities so interest

enabled to extend its usefulness by ing in themselves or so ably conduc- additional contributions to its funds. ted as this for the Orphan Children And surely no institution can prefer of the Clergy; and we ever feel a

a stronger claim to general support peculiar pleasure in attending their from the friends of the Established annual examination,

Church in every part of England. This took place on the 22d of For it is not of a local but of a geMay, at the School house, St. John's neral nature; it does not select its Wood, in the presence of his Grace objects from the Metropolis, or its the Arehbishop of Canterbury and vicinity: but, as far as its means the Archbishop of York, the Bi- extend, it takes under its protection shops of Salisbury, St. Asaph, the Orphans of the Clergy wherever Oxford, Exeter, Gloucester, and they may be found.” Vide Report Sodor and Man; Lords Bolton for 1821. and Kenyon; the Dean of Worces.

As a proof of the correctness of ter; several of the Clergy and Laity, this assertion, we subjoin the foland a large assemblage of ladies. - lowing statement: The examination proved highly sa- Orphans now on the Establishment. tisfactory.

From London and Middlesex.... This Charitable Society was in- Berks, Bucks, Herts, Essex, Kent, ? stituted in 1749. Its object is im

and Surrey...

S pliech in sits title : The Governors Hoevonhandelierwiasy Somerset;} 17

Wales... taining, and educating poor Orphans The Province of York of Clergymen of the Established Other Parts of England ..... 37 Church, in that part of the United Jersey, Guernsey, and the Colonies .. Kingdom, called England." The School House is situated on a healthy

107 spot, with a spacious play-ground, at St. John's Wood, near the Re- All applications for admission must gent's Park. Both boys and girls be directed to the Hon. and Rev. are carefully iustructed in the prin- Edward John Turnour, Somerset ciples of our Holy Religion, and Street, Portman Square, and must taught to read and understand the contain Certificates, signed by the Scriptures. The 'boys receive fur- Minister and Churehwardens of the ther the benefit of a classical educa- parishes where the children live, tion; and the girls whatever is use- specifying their exact ages,—that ful to their sex, and may fit them, they are of healthy constitutions, in due time, for the situation of have had the small pox or been vac. Governesses in families, or other cinated,—and are proper objects of respectable situations in society. the charity. No child is eligible unThe number at present in the Insti- der the age of seven, nor above the tution is one hundred and seven. The age of twelve years: and (cæteris pawhole number educated since its ribus) preference is given to such first establishment is nine hundred children as have lost both father and and fifty.

mother. “This statement is full of satisfac- There are four Quarterly Meettion with reference to the past, and ings, held in February, May, Aufull of encouragement with regard gust, and November, at the Free. to the future. The increased inte- masons”Tavern, Great Queen Street, rest, which has been lately mani. where all members may attend, and fested for the Institution, justifies children are elected into the Instithe hope, that as the knowledge of tution. its character and beneficial effects Benefactions and Subscriptions

to be

are to be paid to the account of the be directed to the Secretary, the
Treasurers, at Messrs. Drummonds, Rev. Dr. Walmsley, Central School,
Charing Cross, or at Messrs. Sikes, Baldwin's Gardens. All schools,
Snaith, and Co. 5, Mansion-Housc for which aid is solicited, must be
Street; to the Hon. and Rev. in union with the National Society.
Edward John Turnour, Somerset The forms of union, and recommen-
Street, Portman Square; or to Mr. dation of masters or mistresses for
H. Stretton, the Collector, No. 6, instruction in the system, are sub-
Bartlett's Buildings, Holborn. joined.
The following is the form of a be-

Form of Union. quest to the Society:

It is the vish of those who have the I give to the “ Corporation of the Go. managemevt of the school at A. B. that vernors of the Society for clothing, main- the same should be united to the National taining, and educating Poor Orphans of Society. Clergymen of the Established Church, in

In this school the National System of that Part of the United Kingdom,” &c. &c. teaching is, or is to be, adopted. The chil&c. the Sum of

dren are instructed in the Liturgy and raised and paid by and out of all my

Catechism of the Established Church, and ready Money, Plate, Goods, and personal do constantly attend divine service at Effects, which by Law I may or can

their Parish Church, or other place of charge with the Payment of the same (and worship under the Establishment, as far as not out of any Part of my Lands, Tene- the same is practicable, on the Lord's ments, or Hereditaments); and to be ap- Day; unless such reasons be assigned, for plied towards carrying on the charitable their non-attendance, as sliall be satisfacPurposes for which the said Society was tory to the persons baving the direction of incorporated.

the school. No Religious Tracts shall be used in the school, but such as are con

tained in the Catalogue of the Society for National Society for the Education Promoting Christian Knowledge.

Signed by the Parochial Minister and of the Poor, &c.

others the Managers, and then transmitted The examination of the children to the Secretary of the National Society under education at the Central in London, School, took place ou the 26th of


A. B. May, and was very numerously attended; Present, his Grace the Arch

Form of Recommendation. bishop of Canterbury, his Grace the Archbishop of York, the Lord Bi- This is to certify that A. B. who is deshops of London, St. Asaph, Oxford, sirous of being admitted into the National Exeter and Gloucester; the Riglit ing the System of Education there prac

Central School, for the purpose of learnHon. Lord Kenyon; the Very Rev. tised, is a Member of the United Church the Dean of Ely, the Rev. the Mas- of England and Ireland as by law estabters of Trinity and Magdalen Col- lished, and of a religious life and converleges, Cambridge, &c.

sation. The object of this Society is to ex

(Signed) tend the blessings of a religious and


Vicar, suitable education to every parish

of in the kingdom, by rendering every

Curate, information and assistance in their

N.B. It is requested that no Clergyınan power that may conduce to so desir. will sign the above Certificate as a matter able an end, by granting pecuniary of form, but that he will make the strictest aid, where required, for the building inquiries into the character of the persons of school-houses; by training mas- applying for his signature, and into the reters and mistresses; and exhibiting gularity of attendauce upon the service of the National System in full opera

the Church, tion at their School-House, in Bald- Donations and subscriptions are win's Gardens. Applications must received on account of the Treasurer


at Messrs. Drummond's, Charing ciety will be on Thursday the 3d of
Cross; at Messrs. Sikes and Co. June, at one o'clock precisely, at
Mansion-House Street; and at the the Central School, Baldwin's Gar-
Collector's, at No. 6, Bartlett's dens.
Buildings, Holborn.

The following is the form of a bequest :

On Friday last the Episcopal Chapel I unto the Treasurer, for the time of St. John the Evangelist, in this town, being, of the Society formed in London, (Greenock) was opened for public worship. under the title of “ The National Society The solemn ceremony of consecration, ac. for promoting the Education of the Poor cording to the accustomed rites, was per. in the Principles of the Established formed by the Right Rev. Bishop Sandford, Church, throughout England and Wales," of Edinburgh, attended by several clergythe sum of of lawful money of

men :-A most excellent and impressive the united kingdom of Great Britain and sermon, was preached by the Right Rev. Ireland, current in Great Britain, to be Bishop, from 1st Peter, 2d chap. 4th and paid to him within calendar months

5th verses, A liberal collection was made next after my decease, out of such part in aid of the funds. On Sunday, the regular only of ny personal estate as shall not performance of divine service commenced consist of chattels real, to be by him ap. in the Chapel. The edifice is a modern plied in promoting the purposes of the said Gothic structure, fitted up in a very ap. Society; and I hereby direct and declare propriate manner, contains a handsome that the receipt of the Treasurer of the finely toned organ, and is capable of acsaid Society, for the time being, for .commodating nearly 450 persons. The the said legacy, shall be a sufficient dis- whole has been completed in a manner charge to my executors for the same.

highly creditable to the architect and to

the contractors. The Annual Meeting of this So.

May 7, 1805.

tion was admitted, pleading, an agreeSubtraction of tithes -Composition uot ment entered into with the said Rector,

proved. See particulars, as to tithes of for a composition in lieu of tithes of milk crops sold, whether due from the ver- and calves, after the rate of eighit shillings dor; also as to barley-rakings, mills, for every cow fed and depastured, and also &c.

one shilling for each pig farrowed, as a Filewood v. Kemp.

composition for the tithe of all pigs; and “This suit was brought by the Reve

the sum of four pounds ten shillings in lieu rend James Filewood, Rector of Sible

of all mills in his possession, whether Hedingham, in the county of Essex, against tithe of all poultry, and for Easter offer

worked by wind or water, and also for John Kemp, a parishioner of the said pa. ings; as well as one pound one shilling, as rish, " for taking, withholding, subtracting, and converting to his own use and profit

, a composition for the title of an orchard carrot-seed cut and rubbed out into bags, been cut or rubbed out.”. the tithes and tenths of milk, calves, pigs, garden;"-"That as to the carrot-seed, it

was sold standing, and before the same bad barley rakings, two mills for grinding corn, and for clover and grass mowed and used

“ The case was argued by Dr. Nicholl green,” &c.; "withont compensation or

and Dr. Swabey, for Mr. Filewood, and by

Dr. Arnold and Dr. Adams, contrà. composition to or with the said James Filewood."

“ JUDGMENT. “ An article in the libel also set forth a "Sir William Scott.-The first point, demand for after-pasture of fields, for that it is necessary for the Court to decide which tithe of hay had already been paid; in this case, respects the averment of an which article was rejected by the Court. agreement between the parties; and, an“On the part of Mr. Kemp, an allega. doubtedly, the burthen of proof, on that

fact, lies on the person setting np the See also the case of Batchellor v. agreement, that is, the defendant in this Smallcombe, 3 Mad. Rep. 20.

The Clergyman stands on the geREMEMBRANCER, No. 66.

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neral law. The agreement, therefore, is ed of the occupier, or of the persons to matter of special ground of defence, which whom the produce may have been sold. must be minutely and specially set forth Some old cases have been cited to shew, and proved. What, then, is the proof of- that the Clergyman must look to the per. fered? A fact, respecting which Burleigh, son to whom the crop is sold; but unless who describes himself as Kemp's clerk, the authority of decisions of the common speaks, bears strongly against any such law is very explicit, and likewise recent, I agreement. What is there besides ? Only should be disposed to hold the principle, the declaration of Kemp, on one side, and which was adopted by my predecessor, of Mr. Filewood on the other. Taking it that such a rule is not a correct measure of at the lowest, that they are of equal credit, justice. The inconvenience must obviously the result of their declaration is contrary be great, and the multiplicity of suits in one to the other, and the hurthen of proof, which the Clergyman may be involved, I have already said, lies on the defendant. would inflict a great hardship upon him, if There is no principle on which I can say that rule was to be supported, as the tithe that the agreement was proved. It is might be sold to a number of different persaid, that a verbal agreement would be sons, to obscure strangers, wbo, might not sufficient, and perhaps it might; but still be easily discovered, and who might be less means should be used to ascertain it more solvent than the person from whom they particularly, when it is an agreement be- were purchased. Unless, therefore, I am tween persons who appear not to have restrained by the authority of modern been on such terms, as would lead to any cases, I shall adhere to a different rule, and agreement.

hold the occupier to be liable.c “On these different representations, it “We well know, that in different periods is impossible for me to pronounce for the of our bistory, in the conflicts between the effect of any agreement; and I think, the civil and ecclesiastical jurisdictions, there fact that Burleigh was employed by Kemp has been a strong current of opinions in to go and put the matter on a different opposition to the doctrines of the Ecclefooting, is a direct disclaimer, an evidentia siastical Court, as being too favourable to rei, which disproves the allegation of an the clergy. Prejudices are now woru agreement. The witness says, " that he away, and such questions would only be was authorized by his master, Jolin Kemp, viewed at this time upon the sober princito pay or make satisfaction to the said ples of justice and equity. If then there James Filewood for all the small tithes due is not the authority of modern decisions, to him, and to make a tender of ten gui. the older cases alone would hardly conneas in gold for a compensation; but that trol my judgment. But, in the present tlie said James Filewood would not see the case, the party has renounced the benefit deponent upon the business." I, there- of such an objection, by the tender which fore, proceed to consider the several par- has been made, and without any reservaticulars in detail of which the demand is tion of the question in the way of protest. composed. The first article is a demand “Another material question also relates of ten shillings for the milk of two cows, to the point, whether the Clergyman is and six shiillings for one calf. There are concluded by the actual price obtained by different accounts of the value of the calf, the sale of the crop? I think that he is arising, perhaps, according to the purposes not, since there are many inducements, for which it may be bred; but, I think, that might concur to make the price fair when rated at the value of three pounds, and reasonable between the parties, . that cannot be called an unreasonable es- though it might not be a just criterion of timate, particularly in Essex, where more value as to the tithes; and the parties being than usual attention is paid in the manage different, it cannot be maintained, that ment of that animal. The next is a sum the Clergyman is bound and concluded by of eight shillings for twenty five pigs, which a contract between other persons. I am to suppose not overvalued, at the “ A third question is, whether it should time when they are titheable.

be tithed as rubbed out? On that point, “ The next article relates to carrot- I think it should not be so taken; as that seed,b on which a preliminary qnestion is is a subsequent process after removal. raised, Whether the tithe is to be demand- The clergyruan has to look to the value at

bAuthorities referred to in this part of c In the case of Filewood v. Burleigh, the case were,— Moyle v. Ewer, Cro. Jac. Consist. 16th Feb. 1813, on tithe of hops, 362, and 2 Bulstr, 183, Lockin v. Daven. on lands still continuing in the occupation of port, 2 Gwillim, 472. Grant v. Hedding Kemp, claimed against the purchaser of and Ball, Hardress, 380. 2 Gw. 515. 3 the crop: It was held, that the vendee also Burn, 490.

is liable at the option of the Clergyman.

the time when the crop is cat; and there is not sufficient, that the horses are kept fore the expence of rubbing must be de. for agriculture, unless it is proved, that ducted. Under this observation, I think the clover and grass so cut was their only the value may be taken, by the evidence, fodder; notwithstanding the objection, at about two pounds two shillings per that has been stated by Dr. Arnold, that hundred weight, deducting the charge of horses employed in producing the crop are rubbing and bagging and carrying to to have their feeding allowed out of the market.

general crop, as the farmer would other. “ The next article is that of barley-rak- wise be obliged to account to the Clergyings, on which I have no hesitation in man, as to his manner of feeding his cattle. saying, that I conceive the law to be, that I think, however, the authority of the case, the Clergyman being entitled to one-tenth, which has been cited, is decisive, though I is entitled also to the rakings of every accede to the observation on the equity of lepth cock, as composing part of the pro- the principle, that where horses are fed on portion belonging to him ;-this raking hay, and that hay has paid tithe, tilbe is ongbt, undoubtedly, to be done by the due also for the clover,i the farmer makes farmer's servant. If the Clergyman has that a substitute for bay. There may per. paid for it, it is an expence for which he is haps be some inconvenience in acting upon entitled to an allowance.

this principle, but here is a broad principle “ The next article is for mills, on which of justice; and there is also, what I am a compensation is offered, as the one-tentha perhaps fully as much bound to adhere to, of the clear profit upon the average of the viz. the determination of a modern case in whole year. It has been said, that this the Exchequer, being a demand for profits during particu. “ The next article sets forth, that the lar months, it is impossible, that it should defendant ought yearly to have paid the be estimated in any other way, as it is sum of two-pence to the Rector, for him. proved, that no profit was actually made self and every person of his family above during those months. It is contended, the age of sixteen years, for Easter offer. that the profit must be the clear profit. Iings and other obventions; and that in the am not, however, aware on what authority years 1801 and 1802 he had fifteen persons that principle is attempted to be substan- in his family above that age. This has tiated. I have always entertained the no. been met by a plea of composition, which, tion, that the mode of tithing, on this ar- as I have before suggested, is not estaticle, is by the tenth toll dish; as the ge- blished to my mind. neral management of a mill may be very “On the question of costs, I am under improvident in the employment of servants, the necessity of observing, that the oppoand in other particulars by which the Cler- sition to this demand has been rather vexagyman ought not to be affected. It would tiously and unconscientiously made. A be necessary on such a principle, that he composition has been set np, which has should keep an account of the wliole coi). totally failed, and the Clergyman being cern, which is no part of his duty. The put to prove his title on every article, has owner is to look to other considerations to failed only on one. I am of opinion, theresee that the result should be advantageous fore, that, according to the ordinary course, to himself. There being, in this instance, he is entitled to his costs. no opposition as to the amount, and having

Feb. 9, 1807. no other criterion but the admission of

the Tithe of corn-mills by the tenth toll-dish party himself, I sball adopt that, and pro.

not sustained. The net-profit was held nounce for the sum, 41, 10s. The compo

to be the rate of tithing sition for poultry and Easter offerings,

Filewood v. Kemp. which are alleged to be included in that

“This was a suit between the same sum, must be paid for separately, and taken out of the article.

parties as in the preceding case, in which a “ The next demand is for clover and libel was given in on bebalf of Mr. Filegrass, respecting which, it is said, that some

wood, setting forth a demand for the tithe was cut for the horses which were used in agriculture. It is admitted, however,

e On the subject of the tithe of mills, there were many horses kept for other pur- the attention of the Court was more partiposes. As to horses kept for agriculture, cularly called to the authorities of the moI understand the rule of law to be, that no

dern practice, in the Court of Exchequer, exception is allowed for such lorses, upless on this point, in a snbsequent suit between where there is no other food for them.d It these same parties, in which the Court

held that the mode of tithing by the tenth • 4 Gwillim, 1411. 1 Roll's Abridg. dish, was not now jo force, vide the next 605.


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