An Analysis of the Text of the History of Joseph, on the principles of Professor Lee's Hebrew Grammar. For the use of the Students in St. David's College, Lampeter. By the Rev. A. Ollivant, Vice-Principal of the College. Second edition. London: Duncan. 1833. 8vo. pp. 97.

MR. Ollivant is already known to the public as the author of a valuable and learned volume of sermons, and this present work makes him a benefactor of no ordinary kind to the student in divinity. Nothing is more wanted or more useful than good elementary works in Hebrew, written by real scholars, such as that now under notice. It will be found most useful and valuable by those who wish to know Hebrew properly; and it is very satisfactory to find that an edition of 500 has already been sold, and that the book has been adopted at Westminster and the Charter House. This is one among many proofs of the increasing attention to the study of Hebrew, and the public owes great obligations to those who, like Mr. Jelf, point out to the student its necessity, and, like Mr. Ollivant, contribute to smooth his path. It is not the common practice of this magazine to notice second editions, but the importance of the points here mentioned makes it a duty to notice a volume like this. The writer hopes that a letter on the subject of St. David's College in this number of the magazine will gain attention.

Liturgica. A Course of Nine Lectures on the Liturgy. By the Rev. J. Ayre, A.M., Curate of Edmonton. London: Seeleys. 1833. 12mo. pp. 258. GOOD always comes out of evil, and the dissenters, who have been railing so vehemently against the church, from political motives, for the last two or three years, have certainly done her no small service, in compelling the clergy to do what they had too much abstained from-namely, explaining and enforcing the claims of the church to support and obedience. Now we find very many and able defences of establishments, of creeds, confessions, set forms of prayer, and of our own articles and liturgy in particular, with replies to particular objections, prepared for popular use, and actually delivered from the pulpit. This, too, is done by men who, though they may differ on some points of doctrine, unite cordially on these great matters. The present volume is one of the class of works alluded to, and Mr. Ayre must have done great service by meeting so many objections, stating so many truths, and by sending his hearers to writers like Hooker, for still fuller and more ample explanation and defence of the church.

MISCELLANEA.

UNIVERSITY OF DURHAM.

(From the Bishop of Durham's Speech on the Irish Church Bill.)

BEFORE I enter upon this consideration of the bill, I have a debt of obligation to discharge to the noble Earl at the head of his Majesty's government, for the gratifying manner in which he was pleased to advert to the recent establishment of an University in Durham, and to the part I had taken in carrying through Parliament a bill to effect that purpose. I beg to assure the noble Earl that I fully appreciate the value of the encomiums he so obliging passed upon that design, and on the share I have had in promoting it. But I am under the necessity, at the same time, of endeavouring to remove what I conceive to be a misapprehension on the part of the noble Earl, as to the supposed

sanction given by that proceeding to the principle of alienating the property of the church to other purposes than those for which it was originally bestowed. My lords, had I conceived it to have any such tendency, or that it could by possibility be adduced as a precedent for a measure like that now before us, Í should most certainly have shrunk from having any concern in it, and should even now wish it undone, rather than that it should have given occasion to an inference of this kind. Indeed, I was greatly surprised on first hearing of its being so applied by certain honourable and learned members of the other house of parliament, in its progress through that house; nor, I confess, am I less so on finding it now viewed in the same light by the noble Earl;-not, indeed, as matter of reproach or objection, but of approval and commendation. I can, however, assure your lordships, that so far from this view of it being correct, the proposed application of the Chapter funds to this institution is strictly in accordance both with the spirit and the letter of the Chapter statutes, which expressly point out the advancement of learning as one special object of their endowment as a collegiate body; and had either the Chapter or myself imagined that the measure was liable to any such misconception, nothing could have been easier than to have guarded against it by a simple recital, in the preamble of the bill, of the very words of the original endowment, as set forth by King Henry VIII., and afterwards, I believe, confirmed by act of parliament. No precedent therefore, I apprehend, can fairly be drawn from this case, to any apropriation of church revenues to other purposes than those for which they were originally granted.

THE ESTABLISHED CLERGY.

We have been favoured by a kind friend with the following religious and patriotic sentiments of the enlightened and celebrated Dr. Chalmers :—“It is owing to the learning of the priesthood that Christianity has kept her ground on the high platform of cultivated and well educated humanity, and that she enters so largely as a bright and much esteemed ingredient into the body of our national literature. It is well when this degree of respect and acknowledgment can be obtained for her among the upper classes of life; and more especially in a free and enlightened nation like our own, it is of unspeakable benefit that Christianity should have been so nobly upheld by the talent and erudition of her advocates. There are many who look with an evil eye to the endowments of the English church, and to the supposed indolence of her dignitaries. But to that church the theological literature of the Scottish church stands indebted for their best acquisitions; and we hold it a refreshing spectacle at any time that meagre Socinianism pours forth a new supply of flippancies and errors, when we behold, as we have often done, an armed champion come forth in full equipment from some high and lettered retreat of that noble hierarchy; nor can we grudge her the wealth of all her endowments, when we think how well, under her venerable auspices, the battles of orthodoxy have been fought, that in this holy warfare they are her sons and her scholars who are ever foremost in the field, ready at all times to face the threatening mischief, and, by the weight of their erudition, to overturn it. Whatever the ensuing changes in the state of our society may be, there is none that would more fatally speed the disorganization and downfal of this great kingdom, than if the hand of violence were put forth on the rights and revenues of the church of England. If the ecclesiastical establishment should fall, and that because the temporalities which belong to them have been pronounced by the oracles of our day as an oppression and a burden on the general population, then, instead of truth being their judge or their executioner, they shall have fallen at the hand of cunning and deceitful witnessesthey shall have perished in the midst of a strong delusion, at the mandate and by the authority of a lie."-Dublin Packet.

TRIALS.

Exchequer Chamber, Friday, April 26. (Before the Lord Chief Baron.)

ARMISTEAD v. BLEASDALE,

He

ON taking his scat on the bench this morning, his Lordship proceeded immediately to give judgment in the case of "Armistead v. Bleasdale." His Lordship said this was the case of a bill filed by the vicar of Sandbach, who claimed to be entitled to the small tithes of that parish, to the tithes of hay, and to the tithes of wood. The defendants did not dispute the title of the vicar to the small tithes generally, and had set up a certain form of modus; but with respect of hay, they dispute the plaintiff's title altogether. They also dispute it with respect of wood. Of course it was incumbent on the vicar to establish an affirmative of his title. It perhaps would be most convenient to consider the question first of all, as to the forms of modus. It appeared from the evidence which had been produced that no small tithes had ever been paid to, or accounted for, to the rector. It appeared also that within the memory of any living witness, no small tithes had been paid to or accounted for to the vicar. The defendants said, for the purpose of establishing their form of modus, that they relied on the vicar's book, which went as far back as the year 1788, and was continued down to the present period; and it appeared also by those books, that during the whole of that period, beyond contradiction, certain fixed payments had been made for the lands in question by the defendants. (Lord Lyndhurst) was then speaking without any reference to the many slight discrepancies in point of evidence which he perceived on looking to the general question. They contended that the evidence with regard to the nature of those payments which was brought from 1788 down to the present time, was presumptive evidence of anterior payments of some description. It appeared also under the column of arrears that many of those payments were in arrear as far back as 45 years, and from that period to that when the book commenced. This formed strong evidence as to the precise amount which had reference to particular lands going back for a considerable period of time. This was the evidence insisted on on part of the defendants. They said, as no small tithes had been taken in kind during that period, that they who had held those lands for so long a time were clearly excused from payment now, and was sufficient to establish their claim to this form of modus. This was their general view of the case, stripped of those discrepancies which appeared in point of amount with respect to the modus, and to which he should not then advert. On the part of the vicar a terrier was produced, of the date of 1714, but there was no reference to any modus of this description in that terrier. The payments to which he had referred were not confined solely to the form of modus as applicable to the lands spoken of by the defendants, but extended generally throughout the parish. The vicar contended that it was improbable that such extensive moduses could have existed without being noticed in the terrier of 1714. The case did not rest there on the part of the vicar: he attempted to shew by distinct evidence in what mode those payments were made. He produced for that purpose a great number of the vicar's books. These appeared to have been most minutely examined by Mr. Boteler, as well as by the counsel on the other side, and he (Lord Lyndhurst) had also had an opportunity of looking through them. The first of those books was the Goostrey book; the next were those for Sandbach of 1641, and went on to 1736, when they appeared to have entirely ceased there was then an interval from 1736 to 1788, when the defendant's book commenced. With respect to the Goostrey books in the first year, VOL. IV.-Oct. 1833. 3 M

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only two names appeared in them as having paid composition. In the following year there was an additional number, and so on by degrees the number increased until the whole of the occupiers came into the composition. In the Sandbach books there were more names in the earlier period. When he compared the sums there paid with those which appeared in the vicar's books, he found them amounting to the same charge; and it was impossible, after observing this, that he could come to any other conclusion than that those entries, commencing in 1788, in the vicar's books, were referrable only to the original composition. He (Lord Lyndhurst) thought that he never had seen any documentary case so distinctly made out, shewing that these were not ancient payments, but compositions gradually made out, which had enabled the defendants to state that they were ancient moduses paid in respect of the farms which were in their occupation. It did not appear to him that any light could be thrown on the case by riva voce evidence, and therefore he thought an inquiry before a jury on this point unnecessary. He was clearly of opinion that it had been made out that this was not an ancient form of modus, and therefore, so far as this went, he was of opinion, that he must decree in favour of the vicar. The next question had reference to the tithe of hay. The vicar said he was entitled to the tithe of hay, and of course he was bound to make out his tithe clearly, or an issue must be directed to a jury. The first document produced was the ecclesiastical survey, in which no mention was made as to the right of the tithe on hay, to that part of it which related to the rights of the vicar. In that which related to the rights of the rector, it was distinctly stated that he was entitled to the tithes on corn, hay, and other emoluments belonging to the monastery of Julian. This survey was made in the 26th of Henry VIII. Another document was found and produced to shew that the ecclesiastical survey was incorrect, so far as it related to the rector's right to the tithe of hay, and that evidence appeared to him strong for that purpose. The minister's accounts of the 31st of Henry VIII., which were made out only five years after the ecclesiastical survey, were produced, in order to shew their application to the point offered—that of the incorrectness of the ecclesiastical survey, which gave the tithe of hay to the rector. The books in that survey rate the amount of the rectorial tithes at 237. 16s. The minister's accounts state the amount of the tithe for corn (and corn only) for Sandbach at 13l. 16s. It was stated in the lease from the convent that it was a lease of the tithe of corn only; the rent reserved under that title was 137. 16s. In those which related to Hulme and Goostrey the sum mentioned was 107., and it was there also stated for corn only. Now, adding these sums together, they amounted to 231. 168., the exact sum stated in the ecclesiastical survey as coming to the rector. This shewed plainly that hay was by mistake inserted in the ecclesiastical survey. There was this further circumstance, for which they contended, that the rector had never received in the memory of any living witness the tithes of hay in this parish. The next document produced was the terrier of 1714, which was signed by the vicar and churchwardens; and the very first article mentioned was the tithe of hay as claimed by the vicar. In addition to this evidence, it appeared that in the reign of Elizabeth she granted the tithe of corn belonging to this rectory to the then appointed rector, and in the grant it appeared corn only. It therefore was not unreasonable to assume that if the tithe of hay had belonged to the rector, as well as the tithe of corn, it would have appeared in that deed. But if the case had rested there, it might have remained in doubt; but in the rectorial books of Goostrey and Sandbach, of the dates of 1661, there were no accounts of the tithe of hay. This was evidence of so strong a nature as in his (Lord Lyndhurst's) opinion to be decisive of the question. It had been said that there was no evidence as to the tithe of hay having been received by the vicar, but if the deduction which he (Lord Lyndhurst) drew from the entry in the vicar's books, that hay was included in the composition with the occupiers, and had been received by

the vicar down to the present time, was correct, he must conclude that there was an error in the entry in the ecclesiastical survey. With respect to the Abbey field, it appeared the claim had been abandoned; and as to the document relating to the occupier of the Field-house, dated in 1757, and the amount of the composition, it appeared that the tithe of hay was put at 5d., and the rest of the composition at 9d.; and although it was afterwards found that hay was excluded, yet, as 9s. 6d. was then given as the amount of the composition, the inference was that the tithe of hay formed a part. Upon the whole, he could see no ground for directing an issue on the point as to the tithe of hay. He must decree, therefore, in favour of the vicar. He came lastly to the tithe of wood: this seemed involved in obscurity, and the precise terms in the documents which were relied upon by the defendants had not been satisfactorily explained; for this purpose he should order the case to stand over with reference to this point, but on the other parts of the case he should decree for the vicar.

York, Thursday, July 25.-(Before Lord Chief Justice Denman, and a Special Jury.)

DODSWORTH v. BLANSHARD, CLERK.

MR. POLLOCK (who was assisted by Mr. Alexander) stated to the jury that the plaintiff in this case was a farmer's servant; the defendant a clergyman and magistrate, in the East Riding of Yorkshire. The plaintiff had the misfortune to live in the parish of Lockington, of which parish a clergyman named Lundy was the rector, and who had got the strange notion into his head that he had a right to take tithe of the personal earnings of the plaintiff, and accordingly sent his collector, the clerk of the parish, an old man named Hudson, to demand them. The plaintiff refused to pay. This was on the 17th of October, and on the 27th of the same month Hudson laid an information against the plaintiff before the defendant and a magistrate named Wylie, who made out a summons for the plaintiff to appear. He still refused to pay; and on the 3rd of November they made an order of payment, which being still refused, on the 8th of December a warrant of distress was issued. On the 15th of December the constable informed the magistrates that he could find no goods of the plaintiff to levy, and on the 24th of December, a warrant under the hand of the defendant only, but which warrant was not only signed but filled up in the body of it by him, was issued against the plaintiff, under which he was taken to Beverley House of Correction on Christmas eve, where he was kept for nine days during that time of festivity, till the Rev. defendant discovered that he was wrong, and then unceremoniously turned him out of gaol. Plaintiff's name was also inserted in the calendar of prisoners as one who had been convicted of a misdemeanor, and it was added that he was sentenced to confinement for three months. Mr. Pollock said he did not desire to allude to any dispute that might be going on elsewhere upon the subject of tithes, and while he spoke in approbation of the institutions of the country, by which the tithes were applied to the support of many excellent persons who issued from the University of which he was a member, he could not help remarking upon the indecency manifested in this attempt to wring from the hard and pitiful earnings of a labouring man the tenth of the produce of the sweat of his brow, the whole of which earnings were scarcely sufficient to supply the common articles which decency and necessity required, beyond the