of the old tithe-system, they will probably eat up the spirit of their words, and " repent them truly of

their former-virtues."

If the land-owners, in drawing up this form, obey not strictly the injunctions of the Clause, there ought to be no "voluntary agreements" sanctioned by the clergy. As to moduses-the great bone often of contention-had we to do with any other than whig legislators, parties might perhaps be able to come to some terms of amicable arrangement. Many moduses have already been thrown overboard in our courts many have been surrendered without trial, and, had the old law of tithes continued unobstructed by the restraining statutes, more in all likelihood of those still left would have met with a similar fate. Now, under such circumstances, why might not these presumed modus lands have been made subject to a lower tithe composition, and thus neither land nor tithe-owner have been very materially injured?

If it be said that estates have been purchased on the faith of the validity of these moduses, I reply, so have horses on the faith that the sellers came honestly by them; so have livings on the faith of the validity of the existing tithe payments for them. The origin of many of these moduses is shamefully bad. For example-two or three indolent incumbents in succession have perhaps acquiesced in grossly inadequate compositions. This has been taken an unfair advantage of, and the same compositions have thus, in their lying terriers, under a new name, been saddled upon those who came after. On this innovation, these terriers, that ought to have defended the church property, are its destruction, and, entirely omitting the clergyman's right, only record and establish the land-owner's deception. This will account, I suspect, for the origin of many of our moduses, for the defalcation in the revenues of many of our livings.

In a note by Mr. White to this part of his Analysis of the Act, he remarks, "It is important to observe, that the total sum is the only thing fixed in these agreements, and that although the agreement will probably be founded upon a calculation of what the individual payments up to that time have been, the latter may still be altered by the apportionment. This circumstance is one of the distinctive characteristics of the Act." I am inclined to think, my Reverend Brethren, that no good is here intended us, if I rightly understand this explanation. Say that the sum total fixed by agreement as a future rent-charge for the small tithes of a parish amounts to £220. This, it seems, cannot be altered. But this may or may not be founded upon the usual tithe compositions in the parish. If not so founded, then the rent-charge will be found to be £30 less than the compositions which amounted to £250 a year. Now, A, a great farmer, paying of this £250 say £54, and B, a little farmer, £18 a year, may not these two payments be so altered in the apportionment that eventually A will stand at £50 and B at £22 a year? But the greater occupiers will not throw any additional burthens upon the smaller. I wish I may see it. At all events, if I be here correct, it appears to be an indiscreet, nay, an unjust regulation; an opinion in which I feel somewhat confirmed by the assurance that it is “ one of the distinctive characteristics of the Act."

I confess I see no reason for the alteration of the original Act in clause IV. of the Amended Act. On this alteration Mr. White remarks, "This clause allows of a variation from the form of a voluntary apportionment, by permitting the omission of any statement of the mode in which the lands are cultivated at the time of the commutation. And it also allows of a deviation, not only from the Tithe Commutation Act, but from the preceding clause IV.

D

66

of this Act, by permitting the omission of any statement of the amounts charged on the several closes of individual land-owners; clause IV. requiring the amount charged on any separate portion" of an estate to be so stated. But these omissions are only to be made on the request of three-fourths of the land-owners, and by the direction of the Commissioners upon such request."

Now here they have thrown open a dangerous flood-gate. Can we be too particular if we wish to be correct. Wherever various items are lumped, somebody will probably be the worse for it. I say not that our land-owners and large farmers are not honourable men, but why should not honourable men be fair and above board? Why should they shelter themselves in generals? Ought they not rather to prefer the strictest valuation of their several fields the strictest examination into their various soils the openest confession not alone of their various cultivations at present, but of their probablę cultivation in future? Ought they not to be proud to furnish the most exact account of the produce, per acre, of their different arable farms for the eight or ten years past? They certainly are honourable men; but we had rather they would not expose themselves to discreditable temptations. Let them evermore remember, that " their hearts are made of flesh, and human flesh is frail." Why then, composed of the same frail clay with others, why should they tamper with this frailty by placing before it such forbidden fruits as these? Honesty may, now and then, be tested too strongly.

As to these omissions being "only to be made on the request of three-fourths of the land-owners, and by the direction of the Commissioners upon such request," we may be pretty sure that threefourths of the leading men of a parish will never petition for any thing that may hurt them, nor the

Commissioners ever deny any thing that may do them good. The business will, therefore, soon be settled between them.

CLAUSE XXII.

Commissioners to frame and circulate Forms of Agreements, &c. to Churchwardens and Overseers requiring

same.

Suspecting the "purposes of this Act" to be little less than to reduce the clergy to a payment, which, in process of time and under whig management, may differ but little from a mere voluntary contribution, I cannot, I confess, think very exaltedly 1 of a judgment employed upon framing documents of this description. If land and tithe-holders are disposed to purchase these manufactured goods, they may be found, unlike Peter Pindar's razors, made not to sell but to shave; not to further the purposes of a stricter justice, but to expedite "voluntary agreements," and give a sort of clincher to tardy proceedings. I do not wonder at the sly recommendation of these forms, that, for this purpose," they will go free of postage." Any thing to stave off the "compulsory award," so inconsistent with the character of " a great healing measure."

This form which the Commissioners have bestowed upon us is not entirely to my mind, nor probably, my Brethren, to yours. Should not something like the following have been more correctly adverted to? The number of alleged moduses in the parish. When and how these moduses originated, so far as any existing documents shew.What they cover-whether they extend over the lands generally, or only partially-to all produce, all agistments, or only to particular productions.— Whether these alleged modus payments have at any time been altered, or withheld, and for what

length of time withheld.-Whether, in certain cases and within the memory of man, the composition demanded has not been so low as hardly to exceed some of these supposed modus payments.-Whether these payments ought ever to have been removed from off the whole and laid on only a part of these lands, offering the remainder for sale tithe free.Whether the immediate produce of lands in a parish may not be exonerated of any tithe payment, while the things mediately arising therefrom are not so.Whether, finally, in an Act professing to search out the real value of tithes, great and small, these, and items of the like nature ought equitably to have been omitted?

A brother clergyman, already alluded to in my introduction, an awkward, refractory customer, whom I hardly know how to deal with in any manner agreeable to my own way of thinking, and who occasionally perplexes me a good deal by his, in a letter touching, among other things, on the edge of this subject, writes thus: "I care not a jot about their Forms. The principal requisites are an accurate survey as to the quantity of the lands, and a just apportionment as to their value. The first involves no difficulty; the second a very great one, and which none but the parishioners can accurately determine. The point to be ascertained is the naturally productive quality of the lands, and not the actual state at any given time, which depends upon the superior skill and industry of the immediate occupier. If lands are to be permanently charged more because they happen to be well cultivated at the time, or less because ill cultivated, great injustice will result. If parishioners are to be employed in the apportionment, injustice will probably be committed through their partiality for themselves, or their friends; if strangers, through their unavoidable ignorance. The parish should be divided into lands