have of late years been sanctioned by the legislature, have been in money or in land. When in money the payment is either variable, and depending upon the price of grain, or it is fixed. The principle of the variable payment has been already discussed; but before we proceed to speak of allotments of land in lieu of tithe, it may be necessary to offer a few remarks where the payment is constant. If, then, in the case of modus, we contrast the trifling sum which is paid by the land-owner with the worth of the tithe, were it now to be taken; or, if we compare the present value of an Easter offering with what it was when first established, it may readily be imagined that few incumbents would in this day have recourse to money payments. It is very true that a modus may have originated in a fraudulent compact between the incumbent and the proprietor of the soil, by which neither the extent nor quality of the tithe might be duly assessed: but when we consider that such agreement must have been from time immemorial, that is, according to legal definition, must have existed at least as early as the reign of Richard the First, we shall perceive that, however trifling and insignificant these sums now are, they must, at that early period of our history, have been something considerable. Again, if we look to the endowments of many vicarages and donations, where there is but a slender income for the incumbent, in consequence of the provision for the secular clergy having been stipendiary, we shall be aware how great an evil has

By Statute 4 Hen. IV. c. 12, 'it is ordained that the vicar shall be a secular person, not a member of any religious house; that he shall be perpetual, and not liable to be removed at the caprice of the monastery; that he shall be canonically instituted and inducted, and be sufficiently endowed at the discretion of the ordinary, for these three express purposes, viz. to perform divine service, to inform the people, and to exercise hospitality.' Hence, then, arose the distinction of the regular and the secular clergy. The monks who lived secundum regulas of their respective houses, were denominated the regular, in contradistinction to the parochial clergy, who performed their ministry in seculo, and thence were called secular.

arisen to the Church from money payments: and when we consider the numerous augmentations which have been obtained from Queen Anne's Bounty, and other parliamentary grants, we shall be sensible how serious a charge has thereby been incurred by the state. Numerous examples to this point might be adduced: we shall content ourselves with one of comparatively recent occurrence. The benefice which we instance is a vicarage, situate within the diocese of Lincoln, and has three hamlets within the parish, two of which have been exonerated from tithe, by acts of inclosure. The number of acres in the first is about 1300, and chiefly pasture; that in the other 750, mostly arable. The larger hamlet was inclosed in 1769, when the vicar received a money payment in perpetuity of 221. 12s. 5d. per annum. The inclosure of the lesser took place in 1796, when an allotment of fifty acres of land were awarded in lieu of vicarial tithe, now let at the reduced rent of about 60%. per annum. In order that our readers may estimate the case correctly, it is expedient to state, that the vicar's right in each hamlet was precisely the same. Disproportionate as these commutations are, the money-payment is rendered still less considerable by the subsequent division of the property on which it is charged, and consequently the trouble and expense of collecting it is increased. What then would become of a rentcharge, where accidental localities render the land from whence it issues still more divisible? And is it unreasonable to suppose, that where a dense and increasing population is constantly augmenting the number, and diminishing the extent of freeholds, a money-payment, subject to an almost endless divisibility, would scarcely be worth the collection? We, therefore, consider money, under any circumstances, an objectionable commutation for tithe, but more especially where the amount is fixed. Moreover, we are not able to discover what possible good would result by abolishing one charge, and creating another precisely similar in its nature, as would evidently be the case were Easter offerings to be rated upon the land. These offerings, as was previously

observed, are of trifling consideration, and not liable to vary and since it is entirely optional whether more than a few halfpence shall be annually presented to the minister, such payments never can be burthensome to the parishioners; and we, therefore, consider them a species of church property scarcely requiring the interference of Parliament. We next proceed to discuss the merits of the system which proposes a commutation in land.

When a parish is to be exonerated from tithe by an allotment to the Rector in lieu of his rights, it is usual to allow him one-fifth of the arable land, and from one-eighth to one-ninth of the pasture; the quality of the soil forming the basis of the award. He is also relieved from all expense in fencing, except for his own subdivisions; this charge being placed upon those proprietors whose lands are adjoining to his allotment. Let us then suppose a lordship to contain 2000 acres, and taking the average proportion of the arable and grass lands in our own neighbourhood to be as three to one, the Rector would probably in such case have allotted to him somewhat more than one-sixth of the whole parish. Now although it appears at first sight that the Church has thus obtained a more than proportionate share of the land, there is no commissioner of inclosure with whom we have ever conversed on the subject, but who was decidedly of opinion that it had lost by the arrangement. But allowing this statement to be trueand we firmly believe it to be sowe are nevertheless favourable to this species of commutation. We shall, however, endeavour to give an impartial review of the arguments by which the measure has been opposed or supported, after which it will remain with our readers to decide for themselves. One objection which has been made to this system is, that where there is an allotment in lieu of tithe, a considerable outlay is required. This is usually met by the occupier, and he receives as his indemnity a lease of his farm for twenty-one years, at a'

It is usual in all acts of inclosure, where the parish is to be exonerated from tithe by an allotment of land, to introduce

reduced rent. This is certainly a consideration to many incumbents; and unless there be youth and prospect of permanent possession, it is to be expected that few will be found to submit to a sacrifice of which they may not live to reap the advantage. But though this be an inconvenience to the individual, it does not affect the general interest of the Establishment; and we conceive it might be obviated altogether were the incumbent empowered to charge the living with his expenses at an inclosure, in a similar manner to which he negotiates a mortgage for the repairs of his house. What is advanced respecting the dilapidations on farm buildings, &c. we conceive to be no valid objection to a commutation in land; for were the incumbent to retain his tithe, and reduced to the necessity of drawing it in kind, the same farming establishment is required: and were he without the conveniences for housing his produce, might not his parishioners take advantage of his necessities to obtain an easier rate of composition?

A statute was enacted within the last four or five years to enable the incumbents of Irish preferment to commute their tithes for an allotment in land; and we perfectly recollect that, at the passing of this bill, the University of Cambridge rejected in their Senate a Petition to the House of Commons adverse to its enactment. It was stated in this petition, that were the measure in contemplation to pass into a law, it would have the effect of locking up a great portion of the property of the country in mortmain. We confess ourselves unable to comprehend this statement: for if we rightly understand the mortmain statutes, their object is to secure the ready transfer of estates by preventing their falling into the hands of corporations. Certain it is, that the glebe, save by

a clause, enabling the Rector or Vicar, with consent of the Patron and Ordinary, to grant a lease of his farm for twenty-one years. We infer, from the constant practice of inserting this clause, that the incumbent would not possess the power without it; but as we do not recollect any of the restraining statutes which divest him of it, we should be thankful for any information on this head.

exchange, cannot be severed from the living, but neither can the tithes-and if it be true, as above stated, that the Church relinquishes a portion of property by the commutation in land, it is clear to us that in proportion to the sacrifice, there is offered a larger investment for capital. But supposing ourselves mistaken in our conclusion, and yet considering the Universities to be guardians of the Church, it would have, we think, an incongruous appearance were they to object to an exception of a statute where that exception was exclusively in favour of the body for whom they are interested.

In the discussion of this question we have already exceeded our intended limits: we hasten to offer a few remarks

which we think favourable to the opinions we have expressed. The greatest recommendation of an allotment in land is, that it at once allays all those feuds and animosities which are for ever springing out of tithes; whilst those inconvenient alternations incidental to the corn-rent no longer exist. The incumbent, indeed, must feel, in common with other landlords, the fluctuations in agricultural produce; but he has here a property which ebbs and flows in conjunction with the times: and if the experience of past ages furnish any security for the future, he may rationally indulge a confidence that his means will ever, in the main, be commensurate to his wants. If from any sudden depression of the landed interest he suffers an abatement of income, he can avail himself of more favourable circumstances to make good his deficiencies. The farmer no longer grudges to pay the rent which is due, nor considers it an exaction upon his industry, but the obligations arising from the relationship of landlord and tenant are cheerfully acknowledged. The case which we contemplated, where a rent charge becomes valueless, from its being rendered minutely divisible by an increased population, is one which can never be analogous to the situation of an incumbent whose revenues are derivative from land. On the contrary, landed property is enhanced in value by its vicinity to populous towns, whilst the local advantages of manufacturing districts may be alike contingent to his glebe as

VOL. X. NO. VI.

to the estates of other proprietors in his parish. Upon the whole, then, we conclude that the species of commutation which we have last considered possesses those recommendations which entitle it to notice; and of this we are sure, that it has advantages which are not to be found either in the corn-rent or a money payment. In assigning to it a preference over the corn-rent, we might perhaps confirm our opinion by referring to a case, the particulars of which came under our notice, and with which we shall close our observations on this head.

About the year 1797, a parish in this county was inclosed, and the Rector was advised by Bishop Tomline to accept a corn-rent in lieu of tithe; his Lordship being then as great an advocate as he was afterwards an opponent for this arrangement. It was provided by the Act of Inclosure, that the Lord of the Manor should alone be burthened with the rent, and that he should be remunerated by the lesser proprietors in land. The rent was assessed at 400%. per annum, but when the lord offered his security it was rejected, from a defect in his title. The Rector was thus, fortunately for himself, placed in the following dilemma. His tithes

were commuted and he could obtain no provision for his rent: he therefore made a second application to Parliament, by which he received a commutation in land. One thousand and forty-seven acres were awarded for his allotment, seventy of which were sold for the redemption of the land tax. His farms were then let on a rent of 900. per annum, and at the expiration of the leases they were re-let at an advance of 4001.

In concluding this article, we subscribe our most cordial assent to the preamble of Mr. Greene's Bill. Disputes respecting tithes are truly an inconvenience to the community. It concerns us not who may be right or who may be wrong-whether it be the avarice of an individual overstraining his dues, or the fraudulent intention of another evading a payment which can be legally demanded; but of this we are sure, that the Establishment invariably suffers where misunderstandings exist between the clergy and their parishioners. It is on this ground, and

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on this alone, that we profess ourselves favourable to a commutation for tithe. For though the revenues of the incumbent may be abridged by the commutation, yet regarding the spiritual interest of the Church, in conjunction with its temporal welfare, we are inclined to think that the aggregate of good would prove more than an equipoise for the aggregate of ill. We cannot imagine any evil to accrue to the clergy or the laity, if to promote our object a general statute were enacted, conferring the same privilege to our part of the Establishment, which has been ceded to that of the Sister Kingdom, and which, indeed, has been allowed to many individuals in our own. But of those political economists, who are so desirous for the alienation of tithes, we would merely inquire whether it be the transfer or the abolition which

they contemplate. If they intend merely a transfer to the State, there can be no relief to the public; but if the abolition, unless the Church receives an equivalent, we suppose that as much argument may be advanced in favour of their project as in support of any other species of confiscation. To such men we would address ourselves in the words of the great commentator on English Jurisprudence: "Besides the positive precepts of the New Testament, natural reason will tell us, that an order of men, who are separated from the world and excluded from other lucrative professions for the sake of the rest of mankind, have a right to be furnished with the necessaries, conveniences and moderate enjoyments of life, at their expense for whose benefit they forego the usual means of providing them.” Kimbolton, April 19, 1828.

ASSOCIATES OF DR. BRAY.

THE annual Report of this Society has just appeared.

The Associates beg gratefully to acknowledge the pecuniary assistance they continue to derive from their benefactors in England, and from the gratuitous superintendance of their schools abroad, by the Reverend the Missionaries from the Society for the Propagation of the Gospel in Foreign Parts. They are thus enabled, not only to benefit the clergy with libraries in various places of England, and other parts of the world, but to extend the blessings of Christian education. They have, however, to lament, that in consequence of the limited nature of their funds, the good which they effect cannot be commensurate with the applications made for their assistance.

It has been mentioned in former Reports, that, during the late war with the United States of America, many persons of colour ran away from their masters, and settled in Nova Scotia, principally at Preston, about ten miles from Halifax, and at Hammond's Plains, about fifteen miles distant, in another direction.

In consequence of representations received from Dr. Inglis, who has since been consecrated Lord Bishop of Nova Scotia, of the ignorance, more deplorable than their poverty, of these destitute people, a School was established by the Associates

at Hammond's Plains, the schoolmaster of which is chiefly supported by the Associates, and is very usefully employed. "The blacks," according to Dr. Inglis, "generally show a desire for the instruction of their children. Some indeed desire it for themselves, and the number of those who attend at the school-house on the Lord's Day, to listen to the Scriptures, which are read to them by the schoolmaster, is increasing.

Subsequent accounts, kindly communicated by the Bishop and the Missionaries, who have visited the Establishment, conIvey the most pleasing assurances of the continued benefits arising from this provision.

In consequence of the recommendation of the Bishop, a school was also established, with the assistance of the New England Company at Preston, which was opened in January, 1827. The first official report has been transmitted to the Secretary, containing most satisfactory information, considering the difficulties with which it has had to contend.

Several letters have been addressed to the Association, relative to great benefits derived from their schools; and when it is stated that they are conducted at charges beyond their fixed revenues, and such as could not have

been defrayed but by occasional grants from The New England Company, and other kind Benefactors, the good objects of the Associates, it is earnestly hoped, need only to be stated, to become favoured with an extension of generosity proportionate to the increas ed opportunities of usefulness.

The Lord Bishop of Llandaff, having signified to the Board, that a grant of books for the use of the students, educating for holy orders at Usk and Cowbridge, in his Lordship's diocese, would be very useful in forwarding that knowledge, which it was important they should obtain; it was resolved, that Lending Libraries be established at the above places, to be under the care of the principal of each of those institutions.

A Lending Library has been established during the present year, for the use of the clergy of the Archdeaconry of Bermuda, within the diocese of Nova Scotia, to be under the superintendance of the Archdeacon, or whomsoever else the Bishop of Nova Scotia shall appoint.

The Reverend Dr. Barnes, late Archdeacon of Bombay, having signified to the Associates how incompletely the Clergy in that distant part were supplied with many useful and even necessary books in their professional studies and pursuits, and how much a grant of books to this purpose must tend to the promotion of religion and learning in that distant settlement, the board was pleased to resolve that a Lending Library be formed for the Clergy at Bombay, and the books be preserved according to the rules of the Association, and to be under the care of the Archdeacon and the Clergy of Bombay.

It was stated in the Report of last year, that the Lord Bishop of Barbados, having applied for aid towards the promotion of Clerical Libraries in the chief towns of the several islands within his Diocese, the treasurer was empowered to expend the sum of 50%. in the purchase of books, to

lay the foundation of libraries for the use of the Clergy, in the several Islands of Tortola, Anguilla, St. Christopher, Nevis, Antigua, Dominica, St. Lucie, Montserrat, Barbados, St. Vincent, Grenada, Tobago, Trinidad, Demerara, &c. Books have, accordingly, been forwarded, agreeably to the Bishop's directions.

The Bishop, in a letter dated Barbados, 17th July, 1827, after acknowledging the receipt of the books, proceeds as follows:

"After the large and liberal grant which the Associates have already had the goodness to make, I scarcely know how to ask for any fresh assistance; yet, for the sake of others, I may be bold; and there is this peculiarity in our case, that the several islands are so distant from each other, and the communication between them so precarious, that each island must be left to its own resources, and requires to be furnished with as full a Library as possible: and none of the Libraries are yet more than in their infancy, and some are very small. My rule has been to send the largest Library where there is the largest number of resident clergy. Of this, I would assure the Associates, that whatever additions they may be pleased to make, from time to time, to the Libraries thus formed, will be most fully and gratefully appreciated by the clergy of my diocese."

In consequence of the above letter, it was resolved that the Secretary be requested to select such books from the store-room, as he shall judge most likely to be desired by the Bishop, to a value not exceeding fifteen or twenty pounds; and that the Secretary do make known to the Lord Bishop of Barbados, the pleasure of the Board in co-operating with his Lordship's benevolent wishes on behalf of his clergy.

We cannot close this account without a most cordial and earnest recommendation of this useful association to the notice of the public.

During the last year, one hundred applications for assistance have been received, and in seventy cases grants have been voted to the amount of 9,6721. By the aid of this sum 15,946 additional sittings will be procured, of which number 13,092 are to be free and unappropriated.

The subjoined table shews, that during ten years which have elapsed since the institution of the Society, it ho