The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)Burke, Edmund
Religion
The Works of the Right Honourable Edmund Burke, Vol. 07 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
But, first, it was not originally inalienable, no, not by the Canon Law,
until the restraining act of the 11th [1st?] of Elizabeth. But the great
revolution of the dissolution of monasteries, by the 31st Hen., ch. 13,
has so mixed and confounded ecclesiastical with lay property, that a man
may by every rule of good faith be possessed of it. The statute of Queen
Elizabeth, ann. 1, ch. 1, [?] gave away the bishop's lands.
So far as to _lands_.
As to _tithes_, they are not things in their own nature subject to be
barred by prescription upon the general principle. But tithes and Church
lands, by the statutes of Henry VIII. and the 11th [1st?] Eliz., have
become objects _in commercio_: for by coming to the crown they became
grantable in that way to the subject, and a great part of the Church
lands passed through the crown to the people.
By passing to the king, tithes became property to a mixed party; by
passing from the king, they became absolutely _lay_ property: the
partition-wall was broken down, and tithes and Church possession became
no longer synonymous terms. No [A?] man, therefore, might become a fair
purchaser of tithes, and of exemption from tithes.
By the statute of Elizabeth, the lands took the same course, (I will not
inquire by what justice, good policy, and decency,) but they passed into
lay lands, became the object of purchases for valuable consideration,
and of marriage settlements.
Now, if tithes might come to a layman, land in the hands of a layman
might be also tithe-free. So that there was an object which a layman
might become seized of equitably and _bonâ fide_; there was something
on which a prescription might attach, the end of which is, to secure the
natural well-meaning ignorance of men, and to secure property by the
best of all principles, continuance.
I have therefore shown that a layman may be equitably seized of Church
lands,--2. of tithes,--3. of exemption from tithes; and you will not
contend that there should be no prescription. Will you say that the
alienations made before the 11th of Elizabeth shall not stand good?
I do not mean anything against the Church, her dignities, her honors,
her privileges, or her possessions. I should wish even to enlarge them
all: not that the Church of England is incompetently endowed. This is to
take nothing from her but the power of making herself odious. If she be
secure herself, she can have no objection to the security of others. For
I hope she is secure from lay-bigotry and anti-priestcraft, for
certainly such things there are. I heartily wish to see the Church
secure in such possessions as will not only enable her ministers to
preach the Gospel with ease, but of such a kind as will enable them to
preach it with its full effect, so that the pastor shall not have the
inauspicious appearance of a tax-gatherer,--such a maintenance as is
compatible with the civil prosperity and improvement of their country.
HINTS
FOR
AN ESSAY ON THE DRAMA.
NOTE.
Public-domain text, read in full here on John Shaqi.
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