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1825.] Fund proposed for defending Rectors of Benefices.

the epitaph of Columbus expresses it, The Spaniards have exclusively retained the American trade, but by crippling the conquered Portuguese in India, they prepared the way for Dutch and English acquisitions. We have little fear that the sea will afford other nations a political superiority; but it is impossible to read the prophecies of Isaiah 28, without feeling some anxiety as to that commercial people, whose endeavours are to assist in the restoration of the Jews.

Mr. URBAN,

PERMIT

Oct. 8.

me through the channel of your useful Magazine, to make known a proposed measure, of no small importance to the interests of the Beneficed Clergy. It was suggested some time ago, but I believe no means were taken to put it in execution. The inadequacy of small livings to supply a decent and respectable maintenance to the incumbents, has long and deservedly been a matter of complaint. Various modes have been adopted of increasing their value, and with some success. Queen Anne's Bounty has done much. Augmentations and benefactions from private persons, in several forms have contributed to the same desirable end. But the benefits thence derived have unfortunately been more than counteracted by the operation of a constant evil, which is the inability of the inferior clergy to defend their own rights, owing to the formidable and almost incalculable expenses attending litigation on these occasions. I proceed, therefore, to say, that the present plan is to raise a fund for the purpose of defending the rights of benefices. I shall not now attempt to enter upon the subject so fully as its probable consequences might authorise, but just state the general grounds on which such measure is undertaken. Let me but call your attention awhile to the frequent and discouraging situation of an incumbent with respect to the rights in question. Too often it is his fate, perhaps in the decline of life, and after having passed the prime of it in serving curacies, which have afforded him a bare subsistence, and therefore left him no means of providing for the future, to be instituted to prefer

29 Chap. 60.

399

ment, the interests of which have suf-
fered materially from the distresses,
non-residence, or perhaps negligence
of his predecessors. I need not here
enlarge on the various encroachments
and forms of injustice to which
Church property is subject. Few peo-
ple who live in the country are
strangers to them, and the Clergy
from woeful experience are full well ac-
quainted with them. One of the most
common and difficult to investigate is
the system of setting up moduses in-
stead of the payment of tithes. Other
pleas of exemption, likewise, from the
payment of them are contended for.
To which may be added local and special
usages of the parish in favour of the
landholder. Encroachments too on
the glebe land are sometimes so bare-
faced, and to such an extent, as to out-
rage every principle of common ho-
nesty. Public records of such rights,
whether parish Terriers, the Liber
Regis, the Taxatio Ecclesiastica, the
Inquisitio post Mortem, the Augmen-
tation Office, or other documents usu-
ally referred to, may be of occasional
utility, but as a dependence are little
more than broken reeds of support.
If an incumbent, under these circum-
stances, is daring enough to seek re-
dress by law, what are his prospects?
I answer, the following, generally
speaking. In the first place he feels
probably the res angusta. Next he
is sensible that he has (commonly) a
life interest only in the benefice. He
finds too that his adversaries are weal-
thy, and determined upon making all
possible resistance: that the issue of
suits is ever uncertain; that in case of
failure the loss may be ruinous to him,
and that even if he be successful, the
opposite party perhaps will not abide
by the decision; as well as that the
expenses already incurred, are, it may
be, to a greater amount than his inter-
est in the preferment is worth. The
patron will seldom lend any aid, so
must be his own.
that every risk
If he looks forward to the usual course
of law proceedings in these matters, it
is as follows. The plaintiff begins by
filing his bill in some Court at West-
minster, claiming his dues. After pass-
ing the usual forms, the cause re-
mains for hearing, and awaits its turn.
If this takes place within two years or
so, he may esteem himself fortunate:
if not till twice that time, he must not
be surprised. When the cause is called,

if

400

Fund proposed for defending Rectors of Benefices.

[Nov.

that the vigorous and determined investigation of a few select cases, wherein injustice is manifest, would, as precedents, facilitate the decision of others, and become the means of a systematic redress of all such aggressions. Of course a Society and Committee would he necessary to regulate an institution of this nature, to superintend the ap plication of its funds, and to examine into the merits of all claims to receive the benefit of them. But these are after-considerations, and I therefore here drop the subject: only adding my hope that the benevolence and liberality which ever characterize a British publick in behalf of the oppressed, will appear in this instance. Thus will they essentially befriend a class of men, respecting whom it may too truly be said, that whatever be their merits, collectively or individually,

"The world is not their friend nor the world's law!" SHAKSPEARE.

Yours, &c.

Mr. URBAN,

VERAX.

Summerlands, Exeter,
Nov. 4.

Med on customs. The commend

UCH of Common Law is found

if it appears to be one of little difficulty, it is usually decided at once, and judgment given. If it be intri cate, and involves (as frequently happens) the investigation of local circumstances, an issue is granted for a trial at the county assizes. Now the case unfortunately is become one in which our great constitutional privilege, that of Trial by Jury, appears to the least advantage. I feel a reluctance at making this remark, being fully sensible of the general excellence of our Government, and the administration of justice. But judicatures, like every thing human, must be liable to defect, and sometimes fallible. Most certain it is, that country juries are commonly prejudiced against the payment of tithes, and therefore must be expected to be so biassed in their decisions. If the verdict be given against the incumbent, he is usually, if not ruined, left without the pecuniary means of seeking further redress, by moving for a new trial, or taking the cause into a higher court. At least considerations of prudence may be supposed to restrain him. Whilst on the other hand, should the decision be in his favour, the wealthy and exasperated defendant, unalarmed by able abrogation of laws of evil tencosts, and finding the interests of his dency now frequently effected in the estate at stake, feels probably little present age, enlightened by sound prinhesitation in making a further ven- ciples of political morals, sufficiently ture by another trial and if still un- evinces that customs, however sancsuccessful, as a last resource, removes tioned by antiquity, are far from being the cause into the House of Lords! unquestionable. Under such just conThere can be no wonder that any one sideration, the record of customs in of slender fortune should be discou- your valuable repository of informaraged and deterred by such formidable tion leads to a candid examination of obstacles; which in fact must become, them, and necessarily to their rejec in most cases, insuperable barriers to tion, if found to militate against the his obtaining justice. The consequence cause of religion and moral order in generally is, that he submits to the society. I shall now state a very old necessity of the case, and acquiesces custom, leaving it to your numerous in conditions which he knows to be readers, and more especially to Churchunjust: thus signing and sealing the men, to judge, whether what no indiruin of his benefice. These are evils vidual of proper feelings would for a which call aloud, and long have called moment imitate, can be any longer tofor some remedy. The general out- lerated, consistently with the rubrick line and view which I have given of of our Church. I must do the Clergy the subject, may lead to a fuller and here the justice to say, that they have abler discussion of it. Meanwhile the in vain attempted to abolish so improcandid attention of all friends to the per an usage; while the corporate Church is requested to this represen- body who maintain it, see nothing im tation of facts, which may enable them moral in its continuance; and defend to form a judgment as to the expedi-it on the abstract principle of the honor ency of the present proposed measure, that of establishing (as has been above said) a fund for defending the rights of benefices. It may reasonably be hoped

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it originally conferred, the memory of which, under an erroneous impres sion of the intentions of the Royal Donor, which they steadfastly cherish.

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WINDOW FROM BASINWERK ABBEY IN LLANASSA CHURCH, FLINT.

1825.]

Painted Window from Basingwerk Abbey.

This city is celebrated in the page of history for heroic defences made against rebellious armies and ferocious invaders. The pretender, PERKIN WARBECK, was gallantly repulsed from its walls raised in the time of ATHELSTAN. In reward for such loyalty and bravery, the Seventh Henry granted a charter of immunities; presesented his own sword to the Mayor, and gave a hat or cap of liberty to be worn on all public occasions. The Mayor and Corporation enter the Cathedral, preceded by the Swordbearer wearing this hat on his head, within the Choir, and does not take it off, till he has deposited the sword before the Mayor, close to the throne of the Bishop. In like manner, he wears this hat in the HOUSE OF GOD, in marching in front of the procession leaving the Cathedral. The Church-rubrick permits no person to wear a hat within the Temple of the Deity; the infirm only being allowed to use a description of nightcap. Henry the Seventh was rather a religious Monarch, who would not sanction an impious custom and if we are to suppose that Roman Catholics in those days, acted thus, surely Protestants are forbid to follow so shocking an example. Probably some of your Correspondents can inform us, whether such an extraordinary custom be prevalent in any other Protestant place of worship? JOHN MACDONALD,

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don.

The Church, dedicated to St. Asaph, is much more spacious than the generality of churches in the Principality, having been considerably enlarged since its first erection. It has two East windows, in the more ancient of which is placed some fine stained glass, represented in Plate II. This

It was remarked to George II. that at Court a privileged Nobleman wore his hat, on which the Monarch neatly observed, that the Peer forgot that Ladies were present. The Mayor and Corporation may apply this à priori, in an infinitely higher sense, to a practice that would certainly be better ho

noured in the breach than in the observance, GENT. MAG. November, 1825.

401

glass is the more curious, from having originally adorned the neighbouring Abbey of Basingwerk. It obtained its present situation by the liberality of Henry ap Harry, of Llanassa, who, having purchased the house and lands of Basingwerk Abbey, on its dissolution in 1540, made this present to his own parish church.

The subject of the centre compartment is the Crucifixion, with St. Mary and St. John standing at the foot of the Cross.

The first compartment to the right of the plate exhibits a female saint, with no very remarkable or apparent symbol. It is probably Saint Anne, who was usually drawn with a book. The glass doubtlessly suffered much in its removal, and several parts are disarranged and misplaced. On each side of this figure we have a fragment of an inscription, on one of which occurs the usual incipient word, Ora, and on the other, Toan...

In the next division we have a Bishop bearing very apparently the pall of Canterbury. It may be intended for St. Augustine or St. Thomas à Becket.

On the other side of the Crucifixion stands St. Lawrence, with his usual accompaniments, a book and gridiron.

In the last compartment is St. James the Less, with his inscription remaining, Sanct' Jacob'. He has, as is usual, a book in his hand; behind his head, his pilgrim's hat, bearing an escallop shell, is thrown back; and under his arm remains part of his staff.

In the three rondeaux above the heads of the first, second, and last figures, are depicted the instruments and symbols of the Passion; in the first three immense nails between diminutive pincers and hammer; in the second, the five wounds of Christ; in the last, Judas's bag and Peter's cock.

Bishop of St. Asaph is proprietor, and Of the Rectory of Llanasaph the he is the patron of the Vicarage. Bp. Laurence Child procured in 1385 the impropriation of this Church to supply his Cathedral with lights, and to repair the ruins occasioned by the wars. The present worthy Vicar of Llanasaph is the Rev. Henry Parry.

By the marriage of Anne, only daughter and heiress of Henry ap Harry above mentioned, to William Mostyn, esq. of Talacre, the Priory of

Basing

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