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"" proceeding ultimately, and in process “ that the precedent of an alteration in " of time, gave the throne to the Han “ the tenure of lands in favour of revos “ over family, until then strangers, in “lutions is much nearer hume, both * England.
1" in England and Ireland, than was A.D. 1715. Certain Scottish lords, "imagined when Mr. Cobbett travelled "discontented with the revolution for one to Pennsylvania. “ brought about by the convention of “ It may be said with Mr. COBBETT; “1688, in England, to wbich these “ "God forbid that our (Irish) Lords “Scottish lords not did assent, formed " should awake some morning and find ** “a plot to restore the old and legiti. 'their tenants the owners of their farms.*** mate government. . ..
1“ But I am old enough to remember the “ Measures were immediately taken “ historic truth of what Mr. COBBETT “by the then government of England, " has stated, that the bare pronouncing " claiming title under the revolution of “ of the words Stand fast' operated “ 1688, consequently a revolutionary “ like an electric touch on the state of "government, to counteract the plot of " Pennsylvania; and that being adopted** “the Scottish lords.
“ by other states, it was this measure " Among other measures for that pur " that decided the fate of the English "'pose adopted, it was, by the Ist of Government in America. “Geo. I., chap. 20, enacted that, “any “So it was the policy of the 1st Geo. les tenant in Scotland, who should con- " I. cap. 29, that rendered the attempted 66.tinue peaceable while his lord took “ counter-revolution of 1715, in Scoto "arms in favour of the person then " land, fruitless." us called the Pretender, should be in- Well, but now what did this' act of “4 vested with the property of the lands Parliament itself say? Let us have the "'* he before rented." is!
very words of it. They are curious, “ It will at once be perceived how and may amuse the boroughmongers precisely the Pennsylvanians adhered when the time hangs heavy on their "to the precedent given to them by the hands. “ law of the old country.'
* “Be it enacted by the King's most " The revolutions in both countries,” excellent Majesty, by and with the adó " were made in order to get rid of old “ vice and consent of the Lords Spiritual
and legitimate and right-divine gor“ and temporal, and Commons, in this "vernments.
“present Parliament assembled, and by " The revolutionary powers in both "authority of the same, That, if any of "countries, and in the foregoing in "his)Majesty's subjects of Great Britain, "stances, adopted the same means for " having lands or tenements in Scotland. “the same ends-to attach the tenantry " in property or superiority, have been or "of the two countries to the principle of s shall be guilty of high treason, by "the several revolutions, and to punish " holding, entertaining; or keeping any " by forfeiture the superior lords who "intelligence or correspondence in per "should manifest any adherence to the " son or by letters, messages, or other "former legitimate and right-divine go “ wise, with the said Pretender, or with
"any person or persons employed by "In both countries the revolutions " him, knowing such person to be so em
“ ployed, or shall, by bill of exchange "The success was perhaps greater in " or otherwise, remit or pay any sum America, as, by their revolution, they " or sums of money for the use or service .. got rid of, not only, a legitimate and of the said Pretender, knowing such right-divine government, but also of " money to be for such use or service, a church-and-state government, a " and that, whether the said be done branch of the right-divine of all others" within or without this realm, or has the most blasting to national pros-" been or shall be adherent to the said **
15 Pretender in this realm, giving him aid From the above it will be observed, or comfort in this realm, or elsewhere;
“ erery such offender, who shall be there. " is above mentioned, with clauses of “ of duly convicted and attainted, shall“ Nova Damus, and (where such lands “ be liable to the pains, penalties, and " or tenements hold Waird' or Few “ forfeitures for high treason: all and “ cum maritagio, or with clauses irri-' “ every vassal and vassals in Scotland. “ tant) with change of holdings from « who shall continue peaceable and in dı-“ Waird to taxed Waird, according to “ tiful allegiance to his Majesty, his heirs '“ the rules' now observed in the Court “ and successors, holding lands or tone. “ of Exchequer in Scotland, dispensing * ments of any such offender, who holds" with recognition and clausęs irritant “ such lands or tenements immediately of “ in favours of the Crown in time com“ the crown, shall be tested and seized, " ing, in the most ample and best form, 66 and are hereby enacted and ordained “ to the end that chartours and infeft“ to hold the said lands or tenements of " ments may be thereupon duly ex“ his Majesty, his heirs and successors, in “ ped.”. “ fee and heritage for ever, by such man"ner of holding as any such offender “ held such lands or tenements of the POOR-LAW COMMISSION. di crown, at the time of the attainder oft I put the following on record as one “ such offender ; and where such lands' amo
was amongst the memorable fooleries of this " or tenements belonging to any such Whig-Ministry. By , one would “peaceable and dutiful subjects to his think they are mad! And STURGES “ Majesty, his heirs or successors, lie BOURNE a commissioner too.! and Se" within any regality or constabulary nior! and Coulson. · the reporther! « in Scotland, the same shall be and they Well, well; go thy ways, OLD GREY : 66 are hereby dissolved from every such when we get rid of thee, we have no“ regality or cunstabulary for ever ; and thing (in the foolery way) to fear after “ in like manner all and every tenant thee? “ and tenants in Scotland, who shall « continue peaceable, and in dutiful al- | mission for inquiring into the administration
The following is a copy of the Treasury Com« legiance to his Majesty, his heirs and of the poor-laws :
successors aforesaid, bruicking and “William ly., by the grace of GOD, of the occroving any lands.milns. mines. United Kingdom of Great Britain and Ireland
King Defender of the Faith. To our right woods, fishings, or tenements, as te
Ce trusty and well-beloved Councillor the Right " nant or tenants, taxman or taxmen, Reverend Father in GOD Charles James « from and under any such offender, Bishop of London ; the Right Reverend Father • shall and they are hereby ordained to in GOD John Bird Bishop of Chester ; our
right trusty and well-beloved Councillor Wil.
! Jiam Sturges Bourne, our trusty and well-be" lands, mines, milns, woods, fishings, loved Nassau William Senior, Esq., Henry " and tenements, for the space of two Bishop, Clerk, and Henry Gawler, Walter 6 years or crops, to be accounted from Coulson, and James Traill, Esqrs., greeting... “ and after such attainder, freely, with
Whereas we have thought it expedient, for
"..divers good causes and consideratious us ” out payment of any rent, duty,, or thereunto inoving, that a diligent and full ia" service, for the said two years or crops ; quiry should be furtha with made into the prac
and the Court of Exchequer in Scottical operation of the laws for the relief of the « land is hereby authorized and required,
od poor in England and Wales, and into the mai“
"oner in which those laws are administered? on production of any such attạinder, Koow ye that we, reposing great trust and " to revise, compound, and pass signa- confidence in your zeal and ability, have au« tures, and that without paying any thorised and appointed, and do by these pres " composition in favours of every such
sents authorise and appoint, you the said
Charles James Bishop of Loudon, John Bird vassal or vassals, and his, her, or their | Bishop of Chester, William Sturges Buurne,
heir or heirs of the said lands and Nassaụ William Senior, Heury Bishop, Henry « tenements above-mentioned respect- Gawler, Walter Coulson, and James Traill, « ively to be holden of his Maieste his or any two or more of you, to make a diligent heirs and successors, in fee and herit
110 and full inquiry into the practical operation
of the laws for the relief of the poor 10 age for ever, and by such holdings, as England and Wales, and into the manner in
which those laws are administered ; and, for
right . the better discovery of the truth in the pre
OF THE mises, we do by these presents give and grant ORIGIN AND PROGRESS to you, or any two or more of you, full power and authority to call before you, or any two or
OF THE INCOME more of you, such persons as you shall judge |
OF THE necessary, for the purpose of making the aforesaid inquiry, and we do hereby give and !
CHURCH OF SPAIN. grant unto you, or any two or more of you, full power and authority, when the same shall appear to be requisite, io adıninister an oath or (Continged from No. 1, col. 54, vol. 76.) Oaths to any person or persuns whatsoever to be examined before you, or any two or more of
CHAPTER XI... you, touching or concerping the premises. And of Anniversaries, or Perpetual Masses. we do also give and grant to you, or any two or more of you, full power and authority io cause 1. From the first ages of the church, the ministers, churchwardens, overseers of the the faithful consecrated not only chatpoor, and other parish officers in the several parishes in England and Wales, to bring and
tels, but landed property. As the lastproduce upon oath before you, or any two or
mentioned gift could not be brought to more of you, all and singujar orders, books, the church, they brought the deeds of papers, or other writings belonging to their donation to the priests at the altar ; and respective parishes, relative to the administra- Laur history a tion of the said laws. And our further will and
our history presents many acts of the pleasure is, that you do, within one year after "
kind. the date of this our commission, or as much 2. No one put the condition of saying sooner as the same can conveniently be done masses in the deed, even though the (using all diligence), certify to us under your property given was considerable, until hands and seals, or under the hands aud seals in of any two or more of you, your several pro-||
the custoni of giving alms to the priests ceedings in the premisas; and that you do at with the especial condition of saying the same time report 10 us your opinion whetber masses for their benefactors became any and what alterations, amendments or im. common. All consecrated freely their provements, may he beneficially made in the
gifts to God for their sins, and those of said laws, or in the manner of adıninistering them, and how the same may be best carried into their progenitors, and also for their effect. And we furiber will and command and by souls, for the maintenance of the priests, these presents ordain, that this our commis- pilgrims, and the poor. sion shall continue in full force and virtue, 3. From the year 666. it was or and that you our said commissioners, or auy. two or more of you, shall and may fronti tinie damned by the council of Merida, that to time proceed in the execution thereof, and all rectors should inention the names of of every matter and thing therein contained, the founders and benefactors of their although the saine be not continued from time churches on Sundays : with this general to time by adjournmcut. And we do hereby direct and appoint that you, or any two or
(announcement all were satisfied. It more of you, have liberty to certify your appears that the first who broke this several proceedings from time to time to us, custom was Don Alfonso II., called the as the same shall be respectively completed Chaste, who founded a church in Ovieand perfected; and we hereby command all la
I do, with the condition that the priest aud singular our justices of the peace, sheriffs, mayors, bailiffs, constables, officers, ministers, should for ever celebrate a weekly mass and all other our loving subjects whatsoever, for his soul, as is proved by the inscripas well within liberties as without, that they tion copied by Carvallo.' The Count of be assistant to you and each of you in the exe
Castille, Fernan Gonzalez, and the cution of these presents; and for your assistance in the due execution of this commission
Countess Doña Sancha, in the year 919, we have made choice of our trusty and well- ordered the monks of Silos to use beloved George Taylor, Esq., to be secretary prayers for their souls, but without preto this our commission, and to attend you, orihinor the kind of pravers and sacri. whose services and assistance we require you 1 to use from time to time, as occasion may
av | fices. In the year 984, the monks of require. To witness whereof we have caused St. Millan requested Don Sancho and these our letters to be made patent. Witness Doña Urraca to confirm the privileges ourself at Westmiuster, the 17th day of March, and donations made to them by the in the second year of our reign.. - “By writ of Privy Seal, kings their predecessors ; and this con
“ BATHURST.", firmation was given with the condition
of their praying three days annually for of the property left to the churches fora their souls and the souls of their pre- these pious purposes. ; ', decessors, with niasses and vigils. St. 5. The church having accepted the Hugh, Abbot of Cluni, in return for property, could not with justice deny benefits conferred on his order by Al- the donors the prayers they were en fonso VI., appointed an altar in the year titled to by their gifts ; but at the same 1070, that masses should be said for i time there existed no reason why the that prince, and ordained also that after priests, who were not guilty of the dihis death the service for the death, and a minution of this property, should permass for his soul, should be performed form so heavy a duty without recomannually,
. ..pense. Things stood thus at the time; 4. The desire of being freed from the of the meeting of the council of Trent, troubles of canonical penances multi- at which, as a remedy, it was decreed
the churches and monasteries with mo- abbots anul generals of the religious ney for anniversaries. The custom of orders in their chapters, should act as redeeming with money fasts and other they thought proper, so that without mortifications of penance, had been in prejudicing the divine worship or the troduced in the tenth century, with utility of the church, the will of the 1: twenty sueldos. According to the Abbot donors should be accomplished as far Reginon, the rich could redeem seven as possible. weeks of fast; with a mass, twelve days6. After mature examination, the only of penance; and with ten masses, four remedy discovered was to reduce the months. The application of these alm's duties prescribed by the donors; and was left to the will of the penitent, who that this regulation should not be precould employ them for the redemption judicial to them, the number of prayers of captives, for soine church or monas- was reduced to those masses which could, tery, or among the poor.' Getatius II. be conveniently celebrated, with the obgranted the Archbishop of Saragossa ligation of einploying them in favour of the power of remitting, canonical pen- those who through their donations had ance ro any one who would give alms established the reduced prayers and an for maintaining his clergy or re-edifying niversaries, besides those which are:. his church, which the Moors had de every day applied for benefactors in stroyed." The Count Don Pedro and his general. countess gave the town and monastery 7. It seems that in the reduction of of Corispindo to the church of St. James, masses, some of the bishops did not ob. as an atonement for the sin of wounding serve the prudent economy desired by Don Alfonso, before the gate of the the council, as it is said in the bull of: altar of the apostle. In truth, corporal Urban' VIII., who, taking away this mortifications are better than alms for power, reserved it for the holy see. The cleansing the soul of its infirmities, be bishops of Spain and their courts, nota. cause, though they are efficacious means withstanding this reservation which they ** of exciting divine mercy, they stand considered contrary to the council, have opposed only to covetousness; and it is retained this power connected, as they easier to a rich inan to relinquish part believe, with the economical authority of his superfluities, than o abandon his which belongs to them by divine right, luxuries and criminal pursuits. There- for the government of their ttocks, or fore, even when those commutations because those, abuses were unknown... were flourishing most, there were added 8. The multiplicity of anniversaries to "alms, prayers and abstinence from is not only prejudicial to those who preso certain dainties. After the number of scribed them, but even to the churches, these perpetual prayers 'was increased, It frequently happens that there is not a the church had not sufficient priests to sufficient number of ininisters for the perform the duties; and besides, many performance of the duties," so that the of them, from some defect, had lost much priests, fatigued by singing three or four
masses in one day, are obliged to per-cording to whom the state suffered very form the service without the decoruin little by the riches of religious commuwhich belongs to our holy religion. It nities, if the individual expenses are, as was therefore prohibited to admit any they ought to be, moderate. Thus the <new duties in churches secular or regu- | laymen are not justified in their comlar, without the permission of the bishop plaints, because if the property is not or general, who does not admit them alienated from the church, it is not without inquiring into the possibility of 50 with the produce of it, which reperformance.
turns to them by bringing them neces9. The freedom given by our laws sary articles, and by alms which are for the establishinent of entails, has abundantly given by religious orders. also been the cause of the many anni. But though this is true, it might be as versaries founded of late, many were well that some of the cathedrals and prompted by religion and piety, but convents, which have plenty of livings others by the desire of giving perpe- and anniversaries, should relinquish - tuity to their property, by putting it some of the property belonging to those
under the protection of the church. gifts. :::10. In the second council of Braga, the bishops were prohibited consecrating
CHAPTER XII. many church, built for the sake of any
of the Alms of the Bull of the Criisade. temporary utility. The origin of the anniversaries established through any of 1. After the true cross was found by the before-mentioned reasons, was not the pious zeal of Constantine, and remore honest, as their property remained stored to the Holy Land, the proper place in the hands of the laymen, who are of worship, the Christians began their jealous of the churchmen, even for pilgrimages. Their piety was inflamed the slender offerings which they are to such a degree, that they were not obliged to give them, according to the afraid of undertaking so immense, a will of the founders, for the perform- journey that they might be enabled to ance of their duties. In order to avoid worship. God in the land where our these disputes, it will be well for the redemption was accomplished. prelates to remember the advice of Dr! 2. In the seventh century, although Navaretti, in his forty-fifth discourse on the Arabs began to occupy the empire the preservation of monarchies, before of the East, these holy pilgriinagęs giving permission to establish anniver- ceased not :- for though this abominable saries.
sect differs so much from the Catholic, :11. This celebrated politician says, yet their false prophet regarded with that one of the causes why the ecclesi- respect the Christian precepts. In the astics are looked to with jealousy treaties of peace which he made with by the laymen is, that they are able the eastern Cattolics, he granted them ito receive but not to give or alienate; his protection, the free exercise of their and beeduse, what with anniversaries religion in his empire, and the power and livings, the property of which of continuing their pilgrimages to the never returns to the state, the nation Holy Land. is impoverished and reduced to be 3. The pilgrims of the West, on their the mere tenant of churchmen, who return from Palestine, exaggerated the not satisfied with tithes and first, fruits, sufferings of the eastern Christians ungrasp large estates, farais, vassals, and der the Mahomedan dominion., Their rother kinds of property. . Though this zeal for the freedom of the Holy Land envy is of long standiog, it ought to be caused them to paint, in the strougest remembered, that riches are not a colours, the unhappy condition, to which blemish to the church, but only their they were reduced. Those complaints abuse. This was the opinion of John excited their fellow-citizens; and the Polmar, in his oration before the council invasions marle by the Saraceps in the sof Basitea, and of John Marianat, ac- beginning of the eighth century towards