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a Catholic Church, which Christ has established for the very purpose of answering these aspirations of the human soul, --shows clearly that men had outgrown the contracted and mean limits of Evangelicism and old dissent. Wretched as were the substitutes thus invented, they at least were indications of the want.

CHURCH SOCIETIES.

TO THE EDITOR OF THE CHRISTIAN REMEMBRANCER. Mr. Editor, I have read with much satisfaction Mr. Heathcote's excellent Sermon on the establishment of a “ Church Fund” at Upper Clapton and Stamford Hill, and cannot but most heartily wish that its publication may lead to the formation of similar institutions elsewhere. I am sure that, if each Churchman felt as he ought to feel, he would esteem it a privilege to be permitted to do what he could in furtherance of so sacred and important an object. I look upon it, however, that the asking subscriptions to five societies at one time will be apt to startle some people, and perhaps at first to offend others. But surely, Mr. Editor, it must be a subject of rejoicing to every grateful and consistent Churchman to have opportunities afforded him of throwing his offering, whatever it may be, into the treasury of the Church, and to know that the Church is not only willing to receive it, but ready to superintend its distribution. For the sake, therefore, of such persons, I would say, set up a Church Fund in each parish, and who can foresee the happy results that might attend our doing so ? Nor only for the sake of consistent Churchmen would I say Do this, but for the sake also of those persons who at present see not the propriety of the undertaking, and are, therefore, indisposed to cooperate with those who do. We might thus bring them to a better mind, and they might live to bless the day when our charity was too active to be kept in check by their ignorance, their lukewarmness, or their carnal selfishness. Nor yet only for the sake of good Churchmen and careless Churchmen would I reiterate, Do this, but for the sake also of those numerous objects of the Church's charity, which every where present themselves for relief, and move the sympathies of her more compassionate children. For how many of our brethren are shut out by the paucity of churches from the public worship of God! How many are absolutely perishing for lack of knowledge! How many would learn and understand, but have no man to guide them! How many children are provoked to wrath through not being brought up in the nurture and admonition of the Lord ; and how many more are in danger of being spoilt though philosophy and vain deceit! How, again, is the Church straitened, and longing to be enlarged, and how many would come to her from far if she had but ambassadors to send to fetch them in !

And as one motive, out of many, to the discharge of our duty, we should remember, that the good of the whole "body of Christ " is intim ately connected with the welfare of each of its component parts ; that “if one member suffer, all the members should suffer with it; and if one member be honoured, all the members should rejoice with it, for that we, being many, are one body in Christ, and every one members one of another.”

I cannot better close my observations, than by citing an interrogatory I lately met with in Mr. Newman's Sermons--an interrogatory strongly bearing upon the objects contemplated by the Church Societies, and one which each of us will do well to lay seriously to heart, and consider how it applies to himself individually, and to those with whom he is connected. 1

“ Is it possible for a true son of the Church militant, whilst the ark, aud Israel, and Judah, abide in tents, and the servants of his Lord are encamped in the open field, to eat and drink securely, to wrap himself in the furniture of wealth, to feed his eyes with the pride of life, and complete for himself the measure of this world's elegancies ?” I remain, Mr. Editor, your faithful servant,

X. January 15, 1840.

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RUSSIAN BELLS. Our readers will, perhaps, be more disposed to admire the colossal magnitude of the Russian bells, after they shall have cast a glance at the following short list of the largest bells in Europe :

English pounds. Great Bell of St. Paul's

8,400 of Lincoln

9,884
Great Tom, Christ Church, Oxford

17,000
In the Palazzo Vecchio, Florence, suspended at a height
of 275 feet from the ground

17,000
Great bell of St. Peter's, Rome

18,607 Bell at Erfurth

28,224 - Rouen

43,000 St. Ivan, Moscow

160,000 Fallen bell at the foot of the same tower

443,772 The prodigy of the Kremlin was fractured by its fall, a large piece being broken from its side ; its height somewhat exceeds 21 feet, its diameter at the rim 22 feet. It is said to have been recently disentombed from the pit in which the force of its fall, and its weight, continually working on a soft soil, bad buried it, and over which a vault had been built ; but we know not whether it had been brought to light, in order to exhibit it more satisfactorily, or for the sake of the metal, which Dr. E. D. Clarke calculated to be worth above 66,0001. sterling.

In a tour to Moscow during the summer of 1836, which has been recently published by Mr. Paul, of Exeter College, there are some particulars of the great bell of the Kremlin. A neat vignette, in his titlepage, represents it with a fracture in its side, through which any one might walk without stooping. He describes this enormous mass as having been actually raised last summer from the earth in which it was embedded, but when it reached the height of about two feet from the ground, the machinery gave way. He adds, however, that the attempt is to be renewed.

LAW REPORT.

No. LXXII.-JODDRELL'S CASE.

(By a Barrister of Gray's Inn.) The opposition made by the land- sioners being in straits, voted themowners to the doctrine laid down in selves into a committee of lawyers and this case, was neither worthy of their legislators, picked holes in some Acts character, nor congenial with their of Parliament, and improved others to habits of candour. Their usual open- their own satisfaction, and ended by ness of conduct seems to have left them distorting the law relative to poor-rates, during the period in which they con- which their duty enjoined them pastinued, with a perversity as strange as sively to obey. They put a new conit was blind, to agitate this subject. struction upon the 43d of Elizabeth, We, who have at all times borne our the standard of the poor, which ortestimony to the direct and manly dained equality between all rates to be actions of the landowners of this king- made for its beneficent object. They dom, were surprised that an interest so trimmed and shaped Poulet Scrope's trifling as that for which they were act into the explication of their own stickling, should suddenly have con- wishes, though it was an act merely verted them into a herd of special declaratory of a portion of that of pleaders; and that their sound sense Elizabeth, already alluded to, neither should have given way before a ridi- affecting the spirit of that christian orculous quibble. The truth of the doc- dinance, nor varying any one of the trine held in Joddrell's case has been relations generated by it. By what lately affirmed by a decision in the rules of construction these acts were Queen's Bench, and we firmly believe given a meaning never before nor since that no doubt of its validity now exists, suggested in a court of justice, we are save with those inveterately opposed not enlightened - but it was whispered to the Church. The great body of that expediency or convenience had the landlords have returned to their regulated the change. An organ of duty, to the law as established, (for in the Poor Law Commissioners assured disputing out of doors the legality of a the country that it was impossible for judicial decision they were guilty of an them to execute their labours, with reinfraction upon the social order that gard to the branch affecting rates, if the law establishes,) and they are now the regulations established by the 48th satisfied of the propriety of a decision of Elizabeth, and affirmed by the deto which they had heedlessly objected. cision of Joddrell's case, were not aban

In stating the arguments, then, on doned, and others, requiring less calcuwhich the truth of Joddrell's case is lation, not substituted. based, we have no intention to make These new regulations gave to the converts, for we believe all rational landowners some trifling advantage in and unprejudiced persons, with an un- the relative charge for rates which they derstanding of the subject, to be in imposed upon the two species of profavour of that case; but our wish is to perty, tithes and land, and for a short show, so far as we may be able, how time seduced that party into acquidoubts, at one time held by a great escence in a measure not only injurious portion of the most influential

persons

to the temporal interests of the Church, in the country, arose, their fallacy, and but calamitous from deeper results. their injurious tendency.

What was justice and law the landThe landowners, at the suggestion lords held to be injustice; and the of the Poor Law Commissioners, began fair and legitimate demand made by the dispute. The Poor Law Commis- the clergy for the operation of the act of Elizabeth, was denounced, by those to affect the principle of equality over with whom they had heretofore been which they triumphed. Whenever allied, as a course of conduct opposite the clergy were outrageously imposed to that before pursued, and contrary to upon they appealed to the law courts, law. With this view the landowners which invariably held up the pure docpresented obstacles to an equitable trine of the law of Queen Elizabeth. arrangement for the contributing to Yet it is because of these concessions, the support of the poor, as authorized and because of this mystification of by the Act of Parliament we have before parochial authority, that Joddrell's mentioned. We cannot doubt that case was thought to be inconsistent they believed themselves to be uphold- with the law, and that the clergy, whom ing a well-established system of rating the recent alteration in their visitation against some new fangled doctrines, or by the Tithe Act, and after the Poor they would never have hazarded those Law Act had left it no longer a matter parochial disturbances which they too of convenience and mutual agreement surely excited.

between parishioner and parishioner, It is very true that a lax mode had how and in what proportions the rate prevailed generally throughout the should be raised, but fixed it unchangecountry, both in the assessment and ably upon certain portions of property, the collection of the poor-rate. The had requested a measure of poor-rate two authorities given to the church- meted according to the act of Elizawardens and overseers of parishes, the beth, -were accused of a craving after comptrollers of this fund, by the Act of the loaves and fishes, excited in them Elizabeth, the one fixed and invariable, by a misplaced law-crotchet. Before the other mutable with the circum- we proceed farther in showing that the stances and convenience of the parish; dispute on Joddrell's case was not exthe one directing the levy of an equal cited by the clergy, but that it was the rate upon all things enumerated or work, ex necessitate rei, of the Poor Law within the meaning of the act, the and Tithe Commissioners, we will state other permitting a limitation of that the substance of that case, and such rate, according to the necessities and a part of the act of Elizabeth upon mode of perception suited to the con- which it was decided. venience of the parish; became, after Rex v. Joddrell, 1 B. and Ad. 403, a series of years, frequently blended. was one of appeal against a rate for Many allowances are therefore to be the relief of the poor of the parish of made for those who had attended rather Yelling. to the working of the act than to the The parish of Yelling had been enrecorded reasons for variations abun- closed by Act of Parliament, under dantly observed; who were mistaken in which tithes were extinguished and a the effect and intent of the Act of Eliza- compensation made in lieu. The rector beth, and who clamoured therefore was assessed for the full amount of his against what they called change, and de- compensation, a corn-rent, while the nounced the law of Joddrell's case. farmers in the parish were only rated

We are ready to admit that the upon the rack-rent paid by them. It clergy, with that very proper regard to was decided in full court that the parthe peace and quiet of their parish- son had been rated too high, and that ioners, had acquiesced in a system the mode of rating must be relative as of rating that sprung from conve- to his corn-rent and the landlord's and nience, whereby they were content tenant's profits together. to bear a somewhat greater share This is the substance of that case of the burden of the charge for the we intend to cite at length in its poor, than those who were more con- proper place. cerned with temporal affairs. But By the 43d Eliz, c. 2, it was ordained while they evinced this forbearance, that certain rates for the support of and as a general characteristic, this is the poor should be raised in each parish; interesting,—their concessions could they were to be a burden 'upon all who, never be held to alter the effect of the within the provisions of that act, were law under which they were made, nor held rateable. But it was not enjoined that the amount or mode of raising a

where their interests were supposed to rate in one parish should conform with be most protected; while the clergy, that raised in another. By that statute, who were little else than listeners to upon the construction of which thewhole the dispute, were said to be the chief question rests, the overseers of a parish agitators. For themselves the clergy are required to raise weekly or other- cared little what mode of rating should wise (by taxation of every inhabitant, be adopted, they were only anxious for parson, vicar, and other, and of every the quiet of their several parishes, and occupier of lands, houses, tithes im- their earnest desire was the completion propriate, propriations of tithes, coal- of the great change then being made mines, or saleable underwoods in the in tithe property, without social disparish, in such competent sum or sums turbance or parochial contentions. of money as they shall think fit) a They showed no greater regard to this convenient stock, &c., to be gathered part of the general arrangement than, out of the parish, according to the as trustees, their duty to their successors ability of the same parish."

demanded. Now, either Joddrell's case was or That they were perfectly right in was not law, and we think” it requires upholding Joddrell's case, so far as they no extraordinary legal acumen to dis- did; that not only were they then obeycover its general agreement with that ing the established law, but that both part of the statute we have cited, and ancient and modern authority were which is the only part bearing upon the with them, the recent approval of Jodquestion. It was necessary therefore drell's case by the Queen's Bench that the two Commissions—the Poor abundantly testifies,-a remarkable Law, which was to assess and locate proof of the correctness of the judgpoor-rates, and the Tithe Commission, ment they had formed upon its merits, which had to partition the clergy- as well as an incontestible evidence of liable lands, and to give habitation to their general inclination to repress their commutation claims upon lay worldly advantage. For nothing could lands-should agree upon the law of have been simpler to perform than for rating; as the exact rateable charge, the clergy to have enforced the docboth upon the commutation claim to trine in Joddrell's case in every parish be apportioned upon lands bounded

in the kingdom. and admeasured, and that upon the Let us now examine the dispute lands themselves was indispensable to that arose upon the case just menthe ascertainment of the relative values tioned. We have already given its of the commutation-apportioned rent, outline, and that clause of the 43d of and the lands upon which they were Elizabeth, bearing upon the question apportioned before any apportionment involvedin the case. We will, therefore, could at all be made. We have before be perfectly intelligible in showing the stated that the Poor Law Commis- ground of difference, by simply statsioners were disposed to set aside the ing that the landowners were opposed law of Joddrell's case, and to put a to the equal mode of rating mentioned new construction upon the original in the 43d of Elizabeth, and decided Poor Law Act, the 43d of Elizabeth, in Joddrell's case. As we shall now atBut the Tithe Commissioners, more tempt to collect in a brief form the considerate in their judgment, deter- arguments or opinions used by either mined that, until Joddrell's case was of the disputant parties, we here subreversed, it carried the sacredness of join the objections that were urged by law with it, which they were bound to the appellant before the Queen's Bench, obey. Thus the two commissioners and the whole of that part of the deciwere stuck: nor could the one com- sion weighing upon them :plete a single assessment, nor the other " It was objected by the appellant, make perfect the most trifling parochial that as he was assessed at such a sum commutation, until they were both as, with his poor-rate, inade up the full agreed upon a settled and legal mode gross amount of the corn rent, the of rating. The landowners readily profit accruing to the occupiers beyond became active partisans on that side the amount of rent paid, and beyond

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