In 1693 this boy pluralist—the author of “A Defence of
Pluralities”—published, under the name of Anthony Harmer, “A Specimen
of some Errors and Defects,” in Bishop Burnet’s “History of the
Reformation.” For an account of the malicious spirit in which this book
was written, see Burnet’s Preface to the third volume of his “History of
the Reformation.” “Here is a writer,” says the Bishop, “who is wanting
in Christian temper and in decency, and I regret to see such facts and
industry soured and spoiled with so ill a temper.”[240]
Dr. Cave, author of “Historia Literaria,” who employed Wharton as his
amanuensis, in a letter to Archbishop Tillotson, fully corroborates
Bishop Burnet’s character of Wharton. The bishop knew who Anthony Harmer
was, and his caustic remarks on Wharton’s “Anglia Sacra” were well
deserved.[241]
While Lord Selborne traduced the character of Degge, “as a not
particularly distinguished lawyer,” he has not a word to say against
Henry Wharton’s _legion_ of blunders. I shall prove that Sir Simon Degge
does not deserve the above character.
Sir Simon Degge was a judge of West Wales in 1660; recorder of Derby in
1661; Knighted in 1669; a bencher of the Inner Temple; in 1673 was high
sheriff of Derbyshire. His “Parson’s Counsellor and Law of Tithes” was
a leading text book for many years. He dedicated it to a bishop, and in
his sixth and last edition in his lifetime, he writes: “To the parsons,
vicars, and the rest of the reverend clergy of the Church of England.
Your kind acceptance of the former impressions of the book has encouraged
me this sixth time to appear in public.” He died in 1704.
In this edition he says, “Nor is there any doubt but that by the Canon
Law _the poor ought to have a share in the revenues of the church_, which
was all I endeavoured to prove.”[242]
Lord Selborne quotes his closing admonition from the seventh revised
edition of 1820, _i.e._ 116 years after Degge’s death: “By all which it
appears that _originally_ the poor had a share of the tithe.”[243] Degge
never wrote these words, and it is not fair nor just to a dead author to
publish a garbled edition of his work, and to quote against him from this
garbled edition. I have given above his own words from his last edition
published in 1703.
The 13 Eliz. c. xx. enacts that the lessor absent above eighty days in a
year should lose one year’s profits of the benefice, to be distributed by
the Ordinary among the poor of the parish.
A subsequent statute (18 Eliz. c. xi. s. 7) confirms the above; and
provides that the Ordinary shall grant sequestration of the profits,
and in default that every parishioner may retain his tithes; and the
churchwarden will take the other profits of the benefice to distribute
among the poor.
The rights of the Poor to a portion of the tithes were given by (1) The
Act of 1014; (2) 15 Rich. II. c. vi.; (3) 13 Eliz. c. xx.; (4) 18 Eliz.
c. xi. s. 7.
Public-domain text, read in full here on John Shaqi.
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