1794-] M. Von Haller.-Union with the Gallican Church. tivating gaiety in converfation, in conjunction with great drollery of humour, and an invincible obftinacy. His father, having high notions of his paternal descent, and of his own fatherly authority, one day made him fome difagreeable reproaches, and ftrongly infifted on being the director of his conduct, even after his arrival at man's estate; his fon repaid him all the expences he had been at in bringing him up, even to the fees of the clergyman who baptized him, and the nurfe that fuckled him; and never after would dine or fup with him but he paid for his meal. He ufually travelled on foot, and always went firait forwards. If he came to a river, he fwam acrofs it; if to a mountain, he climbed over it. His whole baggage never confifted of any thing more than a couple of fhirts. He was very fond of play, and commonly played with fuccels. His quarrel with M. von Erlach arofe about a poft of honour, for which they had both been candidates, at Bern. His numerous friends and acquaintance fill cherish and revere his memory. Yours, &c. I M. M. M. Mr. URBAN, July 3: CANNOT but own myself gratified by the favourable regards which two of your correfpondents have bestowed on my letter, p. 204, concerning the practicability and defirablenefs of an union between the English and Gallican churches. On examination of that letter, I believe, it will be found that I have there expreffed my fentiments with fufficient clearness and perfpicuity. In one in. stance, notwithstanding, my friend Ci prian, p. 511, has mifunderstood me. If he will take the trouble of turning to the works of Mr. Leflie, he will fee that thofe treatifes which I ventured to recommend are not fo much controverfial as conciliatory; and that one of them, which I more particularly pointed out, is profeffedly fo. The ufage which I have received from another correfpondent, p. 512, has not been altogether fo gentle: but his animadverfions are fo far from carrying force enough to shake my fettled opinions, that they are too unimportant to defeive a serious confideration, too infignificant to provoke an indignant reply. Whether they are reconcilable with that charity which he fo justly confiders as the effence of our holy religion, let his own confcience determine. 607 On the learning, the judgement, and 64 Extracts and Abridgements from the fered by the family by the death of the incumbent at the eve of harveft. Two-thirds of the charge of building and rebuilding parfonage-houses revert, in Ireland, to the family of him who incurred the first expence; yet that just politic law was never introduced into this kingdom. It was a conftant ufage of this church (when fettled does not appear), that, if a minifter of a parish lived till Ladyday, or a few weeks after, he had a right of difpofing by will of the fruits of the next harveft; and it was confirmed by Edmond of Abington, Archbifhop of Canterbury, 1236, and received as an established law. The reafon was, because the incumbents, having discharged the duly all the winter, when little or no profit accrued from the preferment, muft otherwife receive a very fmali recompence; the confequence whereof would be an inability to pay their debts. A fynod of the diocese of Norwich, 1255, declared a breach of this cuftom to be very unjust, and threatened excommunication to the violators of so valuable a privilege. A fimilar conftitution was confirmed by Cardinal Wolfey for the clergy of the province of York, 1518. By the conftitution of Thurftan, Archbishop of York, the prebendaries of all the collegiate churches in that diocefe were allowed to difpofe of a year's profits of their preferments after their death, The members of the church of Lincoln have enjoyed for upwards of 500 years the benefit of this rule. Pope Honorius III. confirmed an old law of the fame kind to the dean and chapter of Lichfield. There was the fame rule and practice in feveral parts of Ireland. The Clergy refolutely maintained their own custom in oppofition to the canon law, by which not only the fubsequent profits, but what an incumbent had faved from the fruits of his benefice, were to revert to the Church, till the reign reign of Henry VIII, when it was fuperfeded by the act of which we com. plain. One profeffed defign of this bill, giving the profits from the time of avoidance, was, to enable the fucceffor to defray the heavy charge of first fruits which were highly railed after they were taken from the Pope and annexed to the Crown, and to enable him to be more expeditious in the payment of them. But, in many cafes, the reafon remains in part only, and in a greater number does not at all fubfit. The first fruits of most parochial livings are much less in proportion to the real profits than they were fome years ago; end, by the ift of Elizabeth and 5th of Anne, the much greater number of livings in England are difcharged. Of twentyeight principal cathedral and collegiate churches, thirteen only are rated, fourteen were never in charge, and Windfor was discharged by act of parliament. Under thefe circumftances, if we are guided by the declared intention of the Legislature, more than half the Clergy who fucceed to vacant benefices ought not to affume the privilege given thein by this ftatute; and, with refpect to the reft, the cafe is fo materially altered, they ought in equity to forego it. For, befides the advantages which they receive from the improvement of their livings, they are not under the fame difficulties in the payment of their first fruits with those whom the bill had in view; and, as to the fees for institution and induction, they have not been much augmented for near 200 years. The profeffed reason no longer remaining, for which the claufe of the Nature of Henry VIII. was enacted; why bould not the Clergy be relieved from the partial and inequitable effects of it? If an incumbent dies before harveft, he has but a small compenfation for his labours during the greater part of the year. Besides, his tithes are fubject to the land tax, to affeffiments for the relief of the poor, and the repair of the highways, &c. and they mult all be paid to the hour of the death of the incumbent; though, as the law now flands, the greatest part of the revenue for which he is charged becomes from that time the property of another. The ftatute of the 11th of the late king gives to the executors of tenants for life a tile to the proportion of the annual rent to the time of their deceate; and a fubfequent act of parliament virtually repeals a former act in every inftance where they are contrary to each other. Upon a fuppofition we fhould grant the bill of Henry VIII. not to have been extremely partial at the time of its commencement, yet, from a variety of caufes, it may be now molt injurious and oppreffive; for, as the feveral dues for offerings, furplice-fees, &c. &c. had a much greater proportion to the tithes than they have at prefent, and were received in different parts of the year, an incumbent who died a little before harveft was not equally aggrieved; and, though they are now trivial fums, they would at that time purchase many of the neceffaries of life; for, Lord Mansfield faid, that a fee of two fhillings in the 1ft of Elizabeth would now amount to 20s. A faint attempt was made at the beginning of this century to effect an alteration of the bill in queftion, by fecuring a proportionable share of the an nual profits of livings to the executors of incumbents according to the time or their poffeffion. The want of fuccefs was attributed to Dr. P--, yet he allows that the profits thould accrue to him on whom the fervices and burden fail; and every equitable man must grant, that the perfon who has performed the duty, and fupported the incumbrances for ten, perhaps eleven months, has a prior right to him who cannot be charged with them for the fame number of weeks; but, by appropriating to each according to the time of poffeffion, each perfon is paid for his labour. And why ought a hazard to be permitted in a cafe of fuch great confequence, on which the maintenance of many perfons depends, when a fair and equitable method of divifion may be with e fe adopted? And furely the alteration of this act would leffen, if not put an end to, the differences which too frequently arife between the fucceffor and the reprefentative of the laft incumbent, by fettling the fums due to each according to the time of the incumbency. The Clergy of Exeter, it is faid, convinced of the equity of this rule, endeavour to make it a general one. A plea indeed has been used by feveral, that, in former inftances, they had to their detriment been obliged to fubmit to this claufe of the ftatute, and they thought it very fair to reimburse their loffes when a favourable opportu 1794.] Reafons for an Amendment of the Stat. 28 Hen. VIII. nity offered. What is this but to maintain that, becaufe one man hath dealt rigorously by me, it is allowable for me to act in the fame harfh manner by another; in direct violation of that golden rule of equity, which requires us to do as we would be, and not as we have been, done by ? A dread of promoting and encouraging fimoniacal contracts feems principally to have occafioned the Dean's virulent oppofition to an alteration of this act of Henry VIII. From the warm expreffions used by him, it is most probable he had received frequent intimations of patrons infifting on bonds or promifes of making allowances to the family of the predeceffor out of the fruits of the following harvest. But, if a proportionate divifion of the profits were the rule obferved, the reprefenta tives of the laft incumbent would be lefs objects of compaffion than they now are. Befides, too many patrons in thefe days confult their own profit, and not the intereft of the widows and children of deceased clergymen, in the execution of their trust. When livings are advertifed to be fold upon an immediate refignation, or a profpect of the Ipeedy death of fick or aged incumbents, can we doubt whether thofe prefermentbrokers calculate exa&ly what quantity of tithe is likely to remain not fevered from the ground at the time of the va. cancy, and expect an adequate price for the chance? This abufe of the indulgence given by the act is of itself a fufficient reafon for its alteration. The payment to the clergy of Canterbury according to the rent of houfes is quarterly. A pound-rate, due at the four quarters of the year, is affeffed upon Coventry, Ipfwich, and Northampton, by particular acts of parliament. In fome or all the new-eftablished parishes in and near the metropolis, the money levied on the tenants of houfes for the fupport of rectors is to be paid quarterly. The fame is the cafe in feveral parishes in the city, in which, after the dreadful fire in 1666, the income of the minifters were fettled by Stat. 22 and 23 of Charles II. The method purfued by thefe feveral acts, to fecure to each clergyman, who discharges the duty, his juft fhare of the profits, may encourage us to hope for fuccefs, hould an application be made to the Legiflature for mitigating the feverity of the act of Henry VIII. GENT. MAG. July, 1794. 609 If we examine the numerous acts of parliament which fwell our ftatutebooks, we fhall find few that more require an alteration than thofe which paffed in the reign of this capricious and arbitrary monarch. And few probably of our countrymen fuffered more unjaftly (the feditious morks and bigoted priefs excepted) from his fevere decrees than thofe of our profeffion. He reftrained them from marrying, and even made it a capital offence for them to enjoy a natural right of mankind. And, by the ftatute which gave all future profits to fucceffors on benefices. besides thus enabling them to pay speedily the firft-fruits, he probably intended to check, if he could not prevent, the common practice, by cutting off a refource for the maintenance of the wives and children of clergymen after their death, thus "heaping forrows upon forrows on the widows and fatherlefs." At least, the confideration that the law was enacted when the members of our order were under a reftraint of celibacy is a good reafon for an amendment of it; and that, under fuch a change of circumftances, this claufe fhould remain in force, is ano➡ ther of the grievances of which we justly complain; for, how great muft be the embarraffment to receive not much more than a tenth part for the fervice of ten months, and thus to be deprived of almost a year's income of the benefice! Thefe were probably the reafons why Bishop Burnet, that zealous promoter of the interefts of the parochial clergy, earnestly preft an amendment of this act, and which prompted Bishop Gibfon to exprefs a with, that a claufe had been added to a bill of the 12th of Queen Anne, to enfure an equitable confideration, for ferving the care of parishes, to the wives and children of fuch incunbents who died a litt e before harvest. This requires alteration more than the claufe fo complained of by Burn, which obliges the family to quit the house on a month's notice, for, the forms of law will permit them to keep poffeffion for a fufficient time, whereas they can have no redrefs if the fucceffor is determi ned to feize to his ufe all the fubfequent profits. If the charges of the fucceffor's fettling on his new preferment are high, the profits of it are likewife rifing to him; but this law is to the widow and fatherless a deprivation of falatia luctus. Exigua 44 "Exigua ingentis, mifero fed debita patri." En. lib. XI. The Apends of the clergy of the Church of Scotland are payable at Whitfunt.de and Michaelmas; and, in cafe of death before the Aipend becomes due, the family has a right, by a special law, to half a year's rent of the ftipend, befides what the dece.fed was to receive for the time of his incumbency. And, with us, ought not the family to receive what is in ftri& juftice due ro them, what their departed friend had earned by his labour, and what he had even purchafed by payment of taxes and affeffments for profits to be received by the fucceffor? The act in question passed in a reign when thousands, who are now injured by it, were never intended to have an existence. The Clergy are now fubje& to the fame mode of taxation with the laity. Ought then one to be debarred of a benefit which the other enjoys? And yet the heirs of all tenants for life, except clergymen, are entitled to a proportion of the rent of the eftate according to the time for which it is charged. and Equitas fequitur legem ought to be an invariable rule. In this infance juftice and equity, and the law (the firi biting law), move in lines very different and far diftant. The deviation ought to be rectified. Act 28th of Henry VIII, the tithes, fruits, &c. &c. belonging to any parfonage, vicarage, &c &c. growing, rifing, or coming, during the time of the vacation of the fame promotion fpiritual, fhall belong and adhere to fuch perfon as fhall be thereunto next prefented, &c. &c. towards the payment of the firftfruits to the king's highness. Two MONTHS TOUR IN SCOTLAND. (Concluded from p. 523.) WHATEVER was at that time the appearance of the town of Falkirk, yet, growing wealthier, as we were informed it daily did, by the trade which paffes through it betwixt the Carron works and Glafgow, it can fcarcely fince have failed to acquire the means of greater cleanliness and beauty. In this neighbourhood, in the end of the thirteenth century, a fierce encounter took place between the English, under Edward the First, and the Scottish forces, led by Comyn, lord of Badenoch, and James, the steward of the king dom (of the line of Banquo, and founder of the royal houfe of Stuart), in which he latter were defeared and dif perfed; when the intrepid Willara Wallace, having effected for the troops under his comniand a fafe retreat beyond the Carron, is faid to have held across that stream with Robert Bruce, the grandfon of the late claimant of the crown, and ferving at that time under the banners of the English monarch, a conference fo patriotic and infpiring, as to have arculed him to thole noble and fuccefsful Aruggles which he made afterwards to emancipate, and establish the independence of, his country. At Linh thgow, the next place of note occurring to the traveller, a confiderable part of the royal palace fill remains, which, together with a handfome church, gives an air of importance to a town in other refpects of an afpe&t decaying, dull, and dirty. Along the fronts of many of the hufes here (a cumbersome mode of architecture prevailing in many parts of Scotland) runs a kind of gallery framed of wood, by which the first floors may be afcended immediately from the freet without entering the rooms below. It was from one of thefe that, in the year 1570, the regent Murray was fhot, in his way to Edinburgh from Stirling, by Hamilton of Bothwellhaugh, whom he had much lefs obliged, it feems, by having (pared his life when forfeit, than ex fperated by beflowing a part of his eftare upon a favourite, who took poffeffion of it with circumstances of unfeeling eagerness. In the courfe of this ftage the Firth of Forth, on the left-hand, bounded by the bold hilis of Fife fhire rifing one above another, and having its hither fhore finely wooded, enriched by culti vation, and adorned with many lately feats and cheerful villas, furnishes a fucceffion of interefting views. Night, however, dropped her envious curtain over them whilft we were yet fome miles fhort of Edinburgh, towards which we puthed with a degree of acceleration inverfely proportionate to our distance from it, from an increafing eagerness to obtain letters from our Southern friends, from whom we had had no opportunity of receiving any communications fince we quitted Inverness. Entering Edinburgh rather late, we advanced towards our inn in the higher part of that noble city along feveral narrow lanes and freets, not without apprehenfions, 1794] Conclufion of a Two Months Tour in Scotland. prehenfions, well or ill founded, of certain falutations from aloft, which, however, we had the fortune to escape. After an abfence of fome weeks, and, undoubtedly, an intermixture of fatigues and pleafures, not fma'l was our fatisfaction to congratulate each other on the return of our whole party (with the exception of our poor spaniel beforementioned) in perfect fafery health, and fpirits, to the fame apartments we had occupied in the outlet of our journey. Comparing them with many which we had met with fince, they feemed to have increated in elegance and fize; and, indeed, fo comfortably did we find ourselves accommod ted, that we agreed to balt here for a day or two, as well for the purpofe of attending the court of fellions, at that time fitting, and of revifiting many fcenes and objects which had interested us before, as for an interval of repofe after a pretty long continued courfe of activity and exertion. In vifiting the principal, if not the only, coffee-houfe in this city, for a fight of fuch English -ws-papers as had arrived fince our departure, we were furprized to find a room to little correfpondent either to the population or magnificence of the metropolis of the North, being only of very mode ate dimennons, with whited walls, and floored, I think, with one; not divided into boxes, nor adorned with any other furniture than an old clock in a wooden cafe painted blue, with a few chairs and tables of a very homely kind. Leaving Edinburgh, in our way towards Carlile, we at first found the country in a good fate of tillage, and not ungrateful to the farmer's toil, exhibiting plentiful crops of potatoes, oats, and bere, or barley; fome handfome, and many comfortable, houfes prefenting themselves in various places. But, having paffed the village of Middleton, the face of things changes for the worfe, dreary hills and dufky moors fucceeding to the brighter fcenes of cultivation; nor is it much amended at Bankhouse, a folitary inn by the wayfide. Hence to Selkirk the road occa. fionally kirts upon, or overhangs, the Tweed; but neither here, nor Berwick, as has already been remarked, do the banks of that iver prefent any confiderable share of thole exquifite beauties which the compofitions of fome of its native poets had taught us to expect. Selkirk is an old decaying town Dear 611 on the Suthern border of the Tweed; nor is the way in any particular degiee either remarkable or interesting thence to Hawick. bevond which, almoft to the English borders, the whole tract of country is the property of the Duke of Buccleugh, affording in feveral places very refpe&able famples of husbandry, but being generally defective in the profitable and ricturefque accomp›niment of wood. Procceding towards Lang holme, we rode chiefly along the depth of glens, narrow, and inclosed by hills moderately high, and of a fine and ver. dont turf, refembling fome in the neighbourhood of Petersfield, on the road to Portfmouth. Croffing the Ffk at Longtown, in advancing to Carlisie, on the right, is fituate the famous Solway mofs, which having a few years before either diffolved, and borne down by its weight, the fide of the mountain which confined it, burft forth, and defcended in a moft alarming and overwhelming current of black and fetid flime upon whatfoever lay within its courfe. The havock and ditmay attendant on this unlooked-tor invafion had left an impreffion upon the minds of those who faw or fuffered by it fcarcely to be obliterated, and not to be defcribed; whilft much of the devaftation it occafioned was ftil apparent, though a large tract of land had already been recovered, or dug out, an expence to Dr. Graham, the proprietor, equal almoft, as he himself informed us, to its worth. At a little diftance on the left-hand of the road, and feparated from it by the intervention of the river Efk, ftands Netherby, once a military ftation (the caftra exploratorum) of the Romans, and at that time the elegant and holpitable refidence of the abovementioned reverend gentleman, to which his fon, Sir James Graham, bart. hes fucceeded fince. Many feudal fervices and cuf toms ftill obtain here; and, though perhaps not neceflary, it may be allowable to add, that many curious fpecimens and proots of Roman arts and inhabita tion, having been from time to time difcovered and collected here, are at all times moft liberally open to the infpection of the curious traveller. So truly ideal, in the mean time (ro adopt an expreffion in the beautiful tragedy of Douglas), is the line of feparation betwixt the fifter kingdoins, that we had actually paffed from that to thiswithout being confcious of our change; but |