CLAUSE LXXXVI.

Powers of 4 & 5 WILLIAM IV. to extend to Rent-charges under this Act.

The solicitor has an explanatory note to this clause. "The amount is apportionable, as if it accrued de die in diem, and goes between heirs and executors, or on a change of incumbency, up to the day on which the change occurs." Any regulation by which the profits of a living may be equitably divided between the executors of a late incumbent and the claims of a present one must be useful. It is sometimes difficult to apportion these profits, without infringing on the just dues of one or other of the parties, and rarely are both equally satisfied. Yet that the scale should incline to the side of a family not unlikely to be left destitute, is an act of mercy which no law will suffer by warmly recommending. The successor may do much.The departed can do no more.

Has this clause, or can it be made to have, any reference to the subject of dilapidations generally? It is an important subject in all cases, and deserves consideration. An archdeacon's visitation is not always, perhaps, a sufficient security for the good state of our churches, our manses, or our premises. I dare not say that a glass of wine, or a plate of fruit, has sometimes more charins for them than poking their heads into old lofts and lumber garrets; but, without offence, I think I may venture to remark that, through courtesy it may be, or delicacy, or feelings bordering thereupon, they do not always search into existing dilapidations with sufficient diligence. When a lawyer comes in at the death, he acts in a very different manner. Nothing escapes his penetrating search. He is all eye, all ear, Paul Pry all over; and if an unlucky mouse does but happen to stir above-head, instantly he claps you

on for a new ceiling, and perhaps for some wormeaten roof repairs into the bargain.

Now I say not but that these things are very right and proper. All should be left as it was presumed to be found. He who has enjoyed a comfortable residence has a right to furnish the means of bequeathing it so to others. Still, all that is uncertain is alarming. A poor clergyman never knows how he shall leave his family, because he never knows, nor can form any estimate of the probable amount of these dilapidations. He has, as he thinks, kept his house and premises in decent repair; but he cannot tell what others may think. Much depends on the persons employed on both sides. In most cases the cheapest way, I believe, will be found to be the best; and a couple of intelligent neighbouring clergymen will do this work as well as a couple of lawyers, and nearly as cheap. Only provide them a good dinner and a bottle of old port, and there is the receipt in full for all your expences.

I believe almost every sort of ecclesiastical dilapidation is legally noticeable, but I trust that of our glebes does not come amongst the number. The injury, whatever it may be, done to them, is next to unavoidable. Let us be as careful as we will, glebe lands, in a course of years, will be let down. Our agreements are often, in our small way, mere memorandums; and the expence of compelling a tenant to fulfil them, may sometimes be as great nearly as the loss sustained by his breaking them. At all events, it is so unpleasant a business, that where the damage is slight, we are for the most part induced to overlook the offence; and this repeatedly done, repeatedly subjects us to the same offence. I cannot altogether excuse, nor can I altogether condemn, this conduct. It is one of those difficult duties which we neither know how to discharge

with an easy conscience, nor how to leave undischarged. If we prosecute a tenant, we quarrel with our parishioners, and the village is in flames; if we prosecute him not, we injure both our families and our preferments. Yet I must confess, the stern point of duty, "come what come may," ought, in all cases, to be adopted. If we can only be upon terms with our neighbours by suffering injustice, no one ought to blame us for our resistance.

CLAUSE LXXXVII.

Provisions for the sale of Buildings and the sites thereof, rendered useless or unnecessary by the Commutation of Tithes.

This, my brethren, is a clause of magnitude and meaning. It tells the clergy they may now pull down their barns, no longer wanted, and let the commissioners dispose of them for what they will fetch. The wolf said one day to the shepherd, kill your dog, and I'll never come near your fold again. He did so, and had half his flock worried for his credulity. I hope the clergy will be wiser than the shepherd, and will suffer their barns to stand. Let us wait awhile (if they will permit us) and observe the working of this Commutation Act-how the farmers like it-how the labourers find it (for they are remotely parties concerned)-how the public voice approves of it-how it comports itself with justice, righteousness, and truth-with all those feelings of common equity which God has deeply impressed upon the human mind.

To my thinking this will never be a long-lived measure, unless they sear it with the red-hot iron of revolution. The good feeling of the real friends to the church, and to the occupiers of the land, will presently perceive that these whig legislators have, according to custom, made all these matters worse,

and so much worse, that I am mistaken if the restoration of the tithe system will not be demanded with as full voice as we must, by and bye, petition for the repealing of Roman Catholic emancipation. And should this be the case, what a helpless condition will our preferments be reduced to, without barns and conveniences. We shall become the pity of one part of the community, and the sport of the other. Keep these barns then standing, and remember that they are far more easily repaired than re-built.

This clause has one advantage; it is more clearly worded than most of them. "It shall be lawful for every such tithe-owner (with the consent, nevertheless, of the commissioners, and subject to such directions as they may give, to be signified under their hands and seal,) to pull down any such barns or buildings, or any part thereof, and to sell and dispose of the materials," &c.

How excellently now is this put together. With the consent of the commissioners?--Why they are burning to give this consent, and are all trepidation lest it should not be requested. But though we cannot pull down these barns without this especial authority, I trust we may be permitted to keep thein up; or perhaps, should there be no stir in this business among ourselves, will these commissioners, by a sort of side-wind regulation, be empowered, think you, to stir for us? The sight of a tithe-barn must be any thing but an object of admiration. So long as these buildings are suffered to remain, some vestige, as it were, will be still left of the original and sacred revenues of the church; some hope that these revenues may yet, one day, be restored to their Great Giver, when men's consciences, now hardened by vile and cruel excitements, shall begin to be softened down by the adversities which evil counsels never fail to produce.

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It is observed, that "the consent of the commissioners is essential to any sale under this provision, and they alone can direct how the proceeds are to be disposed of." Here-and it is, I think, the only solitary instance I have met with-the note is not necessary to the explanation of the text. However, as we cannot make too sure in this important matter, the solicitor for the Bill volunteers it. May I ask, on this point, is there not some hazard in the disposal of these proceeds? Is it, for example, altogether impossible that they may be employed in the education of the members of the Roman Catholic faith, and thus, what is filched from the ark of God," be converted to the maintenance of the" altar of Baal?" The whigs have a logic of liberality which will easily assimilate positive contradictions, and prove that "the benefit of the persons entitled to the said rent-charge," can never be more worthily consulted than by thus imparting the bread of the church of Christ for the nourishment of poor, hungry, half-starved souls, in communion with the church of Anti-Christ. Still, notwithstanding these manifest advantages, let the old barns, my brethren, remain as they are. The whig Io-Triumphe will not be complete, so long as they stand as they do, breathing a stern, surly sort of defiance.

CLAUSE LXXXIX.

Tithes due before Commutation not to be affected.

This clause is a very short one. 66 And be it enacted, that nothing in this Act contained shall affect any right to any tithes which shall have become due before the commutation." Now I ask, on what principle does this clause seem to proceed? On the principle, I think-though in a matter slight in itself, yet sufficient to hang on it a few somewhat,