ON RATING TITHE.

SIR, Your correspondent, Mr. Austen (p. 298), attempts to prove too much. His object seems to be to shew that the farmer derives no profit from the land. I have heard many persons-who, after having left the lowest mechanical trades, have, as farmers, in the course of ten or twelve years, become men of property, and landowners of considerable extent-assert, particularly when a composition for tithes has been in agitation, that they get nothing by their farms. I have learnt to take the assertion of these veracious persons cum grano, or rather, cum multis granis salis.

The land to which Mr. A. refers must be very bad, or in a very neglected state, to require so great an outlay, and so great an annual expenditure of labour, &c., as he calculates upon. As to the first outlay of the owner, in taking it into his own hands, which he confesses to remain still in value upon the land, it is unfair to deduct the whole of that from the produce; at most, the interest alone ought to be deducted. The expense of a bailiff is another unfair deduction. If he does not choose to manage it himself, an experienced labourer as foreman, at twelve, fifteen, or twenty shillings a week, to be included in the general expense of labour, will better answer the purpose. He might almost as well bring in the expense of a gig and a servant, to drive round to view his improvements. I shall therefore beg to take from his deductions, or, which is the same thing, to add to what he allows for the ten years' profit, half of 24501., the first outlay, and 10007., the bailiff's wages, being together 22251., which will bring the ten years' amount to 38451. 5s. I have no doubt that a farmer, by fair management, would make much more. I suppose, in the general expense of labour &c., of nearly 9001. a year upon this moderate farm, must be included the support of the farmer's family. It is very easy by figures to bring out any plausible result. It is like the picture of a lion conquered by a man. If the lion had been the limner, it would have been different.

In the beginning of this year I published a small pamphlet on tithes, including the mode of assessment, in which, reasoning from my own ideas alone, I came to pretty nearly the same conclusion as the judges in the case Rex v. Joddrell, of which, at that time, I knew nothing more than an accidental observation in a provincial newspaper. Had I been wholly acquainted with it, I should have taken much stronger grounds of argument. I was sorry that I did not mention this in the pamphlet, because, though the opinion of a clergyman in such matters-as a correspondent observes to me-goes for nothing, it might, in this case, have been entitled to some consideration when in accordance with the decision of a court of justice. I desired the publisher, Fellowes, of Ludgate street, to send a copy, with an advertisement, to the "British Magazine," but saw no account of it. About two months ago, also, I wrote a letter to the "Standard," on Mr. Shaw Lefevre's Bill, which, having been sent by a private hand, might possibly have been miscarried. I hope this letter will be more fortunate.

It is to be hoped that the Poor and Tithe Commissioners, or the legislature, in the next session of parliament, will send out some. definite law on the subject, and thus put an end to, or rather prevent, the disputes which must arise all over the kingdom. I cannot think that a man of Mr. S. Lefevre's high mind and acknowledged liberality, will persist in his original intention.

The system of commutations appears to me to be a substitute for the principle adopted in inclosures: a part of the land will virtually be apportioned to the church; and if the clergyman, quasi landowner, is to be rated on the whole of his rent-charge, i. e., on the whole of the produce of his portion, and the landowner and farmer together are rated only on the rent, i. e., much less than the whole of the produce of their portion, there will be a manifest inequality. Either, therefore, let us be assessed on half the produce of our portion-as I have attempted to shew in my pamphlet-or from the whole let all outgoings be deducted, including the stipend of a curate, whether employed or not, to which the clergyman has certainly a better claim than the farmer to the pay of a bailiff; and this, in many instances, will bring the assessment lower than by the other method.

I am, Sir, your very obedient servant,

JAMES COX, D.D. Vicar of Hoxne cum Denham.

P.S.-I am by no means satisfied with the last mode of rating, mentioned above-viz., the whole rent-charge, minus all the outgoings of the living, though this may be more advantageous to small livings than the other. On the supposed possibility of the rates amounting again to nearly twenty shillings in the pound, mind you, the church is tied by the leg; and while the other property keeps pace with the times, and marches forward in full stride, both in quantity and price of produce, she comes hobbling behind with lame and limping step that must at last reduce her to beggary; therefore, ye legislators, be merciful!

ON THE MEANING OF THE TERM "COMMON LAW."

SIR,-Will you oblige me by finding room for the following extracts?

Sir Matthew Hale on the History of the Common Law. Ed. 1716.

"I now come to that part of our laws called Lex non Scripta, under which I include, not only general customs, or the common law, properly so called, but even those more particular laws and customs applicable to certain courts and persons.”p. 22.

"I shall, for more order, and the better to guide my reader, distinguish them into two kinds,-First, the common law, as it is taken in its proper and usual acceptation. Secondly, those particular laws applicable to particular subjects, matters, or courts." -p. 24.

"Now, secondly, as to those particular laws I before mentioned, which are applicable to particular subjects, or courts......by those particular laws I mean the laws ecclesiastical, &c., the civil laws, so far forth as they are admitted in certain courts, and certain matters allowed to those courts."-p. 26.

VOL. XIV.-Dec. 1838.

5 F

"The Lex non Scripta, or unwritten law, includes not only general customs, or the common law, properly so called, but also the particular customs of certain parts of the kingdom; and likewise those particular laws that are by custom observed only in certain courts and jurisdictions."-p. 63.

"This unwritten, or common law, is properly distinguishable into three kinds :1, General customs, which are the universal rule of the whole kingdom, and form the common law in its stricter and more usual signification; 2, Particular customs which, for the most part, affect only the inhabitants of particular districts; 3, Certain particular laws, which by custom are adopted, and used by some particular courts of pretty general and extensive jurisdiction."—p. 67.

"The third branch of them are those peculiar laws which, by custom, are adopted and used in certain particular courts and jurisdictions. And by these I understand the civil and canon laws."-p. 79.

"The canon law is a body of Roman ecclesiastical law......... Besides these pontifical collections......there is also a kind of national canon law, composed of legatine and provincial constitutions."—p. 82.

I hope it may appear from these, that in supposing the judges, whom Mr. Goode has cited, as affirming that the liability to churchrate is a common-law liability, not to have used the term in its strict and proper sense, I am offering no disrespect to them; seeing that these eminent writers upon English law do not consider that term, in its strict and proper sense, as applicable to the laws of the ecclesiastical courts. Thus much I have thought it right to add in my own vindication. As regards the actual state of the case, it appears to be this, that no instance can be found of the courts of common law having ever interfered to compel the making of a church-rate; nor has any express declaration of any common-law judge been adduced, affirming the power of the common-law courts to interfere for that purpose. But, on the contrary, we have the express declaration of Chief Justice Abbott, that the Court of King's Bench WILL NOT, and of Lord Kenyon, that it CANNOT, interfere by mandamus to compel a rate; the reason assigned in both cases being the same-namely, that it is a matter PURELY of ecclesiastical cognizance. From which, until better informed, I will suppose the reasonable inference to be, that it is not a question of common law, in the strict and proper acceptation of the term. I remain, Sir, your obedient servant,

East Horsley.

ARTHUR PERCEVAL.

ON SIR CHARLES WOLSELEY'S ACCOUNT OF POPISH BIBLES.

SIR, The letter which Archdeacon Hodson lately published upon "The Church of Rome's Traffic in Pardons," and which was reviewed in the last number but one of your Magazine, has called forth a pamphlet entitled "Catholic Clergymen versus Protestant Parsons," by Sir Charles Wolseley, Bart.

In page 5 of this publication you will find the following passage:"The archdeacon's proofs (?) are contained in his pamphlet; and to MR. GREEN I shall, with perfect confidence, leave the issue of the contest, and take a more particular notice of another of the archdeacon's slanders-viz., that of the bible being 'locked up' from the catholics! Pray, my friends, read with attention what I shall

now place before you, and express as much indignation as you please against those who have so shamefully deceived you; and do you judge of all their other slanders by the following quotation :

"TITLE PAGE TO ALL CATHOLIC BIBLES.

"The following letter of his Holiness PIUS THE SIXTH to the most REV. ANTHONY MARTINI, ARCHBISHOP of FLORENCE! on his translation of the Holy Bible into Italian, shews the benefit which the faithful may reap from their having the scriptures in the vulgar tongue.

"POPE PIUS THE SIXTH.

"BELOVED SON,-Health and apostolic benediction! At a time that a vast number of bad books, which grossly attack the catholic religion, are circulated even among the unlearned, to the great destruction of souls, you judge exceeding well, that the faithful should be excited to the reading of the Holy Scriptures, for these are the most abundant sources which ought to be left open to every one, to draw from them purity of morals and of doctrine, to eradicate the errors which are so widely disseminated in these corrupt times,' &c. &c. In the meantime, as a token of our pontifical benevolence, receive our apostolical benediction, which to you, beloved son, we very affectionately impart.

666

Given at Rome, on the Calends of April, 1778, in the fourth year of our pon"PHILIP BUONAMICE, Latin Secretary.

tificate.

"To our beloved son, Anthony Martini, Archbishop of Florence.'

"There, my friends, what say you now to the bible being locked up! what say you to the asserters of such untruths, or to the propagators of such shameful slanders?

"When we see men resort to the basest artifices, instead of honourable warfare, we begin to suspect inherent strength in the assailed, as well as conscious weakness in the assailants."

I happened to see Sir Charles Wolseley's pamphlet in the window of a Roman-catholic bookseller's shop in Bath; and having purchased it, and perused this passage, it occurred to me to return and ask the bookseller, whether this title-page, so brought forward by the new convert, was really attached to all Roman-catholic bibles. Mr. Spencer immediately shewed me two copies of the only edition of the scriptures which he possessed, in neither of which was this title-page to be found. This edition was published at Belfast, with the approbation of Dr. Crolly, and printed by Mairs, in 1836. He also shewed me an edition of the New Testament, printed by William Pickering, Dublin, 1824; and another (by whom printed I do not recollect), which did not contain this title-page. I then asked whether there was any other Roman-catholic bookseller in Bath, and he said there was not. So that at least in Bath, containing a population of 50,000 souls, and situated close to the large Roman-catholic college at Prior Park, no copy of the scriptures with such a title-page could be purchased. Mr. Spencer also complained of the dearness of the Roman-catholic bibles, which, until within the last twelve months, he said, could not be obtained for less than twenty-one shillings. Those which he shewed me were marked twelve and fourteen shillings each, and were of that quality which would be charged by the Society for Promoting Christian Knowledge five or six shillings.

I have since met with a bible nearer to Sir Charles Wolseley's residence, printed in 1837 by Coyne, Dublin, price seven shillings, equal in quality to those of the society at four shillings; but the letter

to Martini is not to be found in it. Indeed, the only copy in which I have ever seen it is an expensive one, printed by Kennedy, of Glasgow. The words printed in italics and capital letters appear so in Sir Charles' pamphlet. I remain, yours faithfully,

Sutton Coldfield.

WILLIAM RILAND BEDFORD.

ON NATIONAL EDUCATION.

SIR,-Being much interested in the subject of national education, as connected with the church of England (which, as yet, is the national church), I have thrown together some observations, which have occurred to me on a tour lately made in Germany, for insertion in your Magazine, if you shall think that they at all tend to promote the view you have so repeatedly taken of this important matter, and to strengthen that call for exertion on the part of the members of the church throughout the kingdom, which, as your correspondent "Rusticus" forcibly has shewn, in your last Number, page 567, the dangers of the time demand.

In the German States, between the Rhine and the Elbe, great and successful efforts have been made, as if by common consent, to promote the universal education of the people. The system is most complete under the powerful Prussian government, which obliges every person to send his children to the national schools, under penalty, in case of non-compliance, of fine and imprisonment. The state pays for the very poor. So far from religion being excluded from these institutions, it makes the ground-work and principal part of instruction in them. Generally, but not always, the children of Roman catholics, and the children of parents of the reformed church, go to different schools. You see numbers of them, early in the morning, flocking to their respective schools, some carrying Luther's translation of the Bible under their arms, and the others the approved Roman-catholic books of devotion. The Germans are all fond of music; and the children learn betimes to join in the church services, by singing and making responses. The important business of catechising is diligently attended to in public in the churches, by the clergy of both persuasions.

With the exception of the contention of the Archbishop of Cologne with the Prussian government, on the subject of mixed marriages, we heard of no religious controversies among the people. The sovereigns of the German principalities, whether Roman catholics or of the reformed faith, appear to administer an impartial course of education to their subjects of different religious communions, which comprehends reading, writing, arithmetic, music, drawing, and proceeds to higher branches of knowledge.

The Germans themselves are fond of attributing the quiet peaceable behaviour and good conduct of their population to this system of universal education, and no doubt with some truth. But there are other and very influential causes of the public tranquillity to be taken