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Much pleasant conversation passed, which Johnson 1773. relished with great good humour. But his conver

Ætat. 64. sation alone, or what led to it, or was interwoven with it, is the business of this work.

On Saturday, May 1, we dined by ourselves at our old rendezvous, the Mitre tavern. He was placid, but not much disposed to talk. He observed, that “ The Irish mix better with the English than the Scotch do; their language is nearer to English ; as a proof of which, they succeed very well as players, which Scotchmen do not. Then, Sir, they have not that extreme nationality which we find in the Scotch. I will do you, Boswell, the justice to say, that you are the most unscottified of your countrymen. You are almost the only instance of a Scotchman that I have known, who did not at every other sentence bring in some other Scotchman.”

We drank tea with Mrs. Williams. I introduced a question which has been much agitated in the Church of Scotland, whether the claiin of lay-patrons to present ministers to parishes be well founded; and supposing it to be well founded, whether it ought to be exercised without the concurrence of

bien fort.'-Menagiana. See also Anecdotes Litteraires, Article, Bourdaloue.” But my ingenious and obliging correspondent, Mr. Abercrombie of Philadelphia, has pointed out to me the following passage in “ Menagiana;" which renders the preceding conjecture unnecessary, and confirms my original statement :

“ Madme de Bourdonne, Chanoinesse de Remiremont, venoit d'entendre un discours plein de feu et d'esprit, mais fort peu 80leid, et tres irregulier. Une de ses amies, qui y prenoit intêret pour l'orateur, lui dit en sortant, “Eh bien, Madme que vous semble-t-il de ce que vous venez d'entendre ? Qu'il y a d'esprit ? -Il y a tant, repondit Madme de Bourdonne, que je n'y ai pas vů de corps." Menagiana, tome ii. p. 64. Amsterd. 1713.

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1773. the people! That Church is composed of a series of Ætat.ca judicatures: a Presbytery,—a Synod, and finally, a

General Assembly; before all of which, this matter
may be contended: and in some cases the Presby-
tery having refused to induct or settle, as they call it,

person presented by the patron, it has been found
necessary to appeal to the General Assembly. He
said, I might see the subject well treated in the
“ Defence of Pluralities;" and although he thought
that a patron should exercise his right with tender-
ness to the inclinations of the people of a parish, he
was very clear as to his right. Then supposing the
question to be pleaded before the General Assembly,
he dictated to me what follows:

AGAINST the right of patrons is commonly opposed, by the inferior judicatures, the plea of conscience. Their conscience tells them, that the people ought to choose their pastor; their conscience tells them that they ought not to impose upon a congregation a minister ungrateful and unacceptable to his auditors. Conscience is nothing more than a conviction felt by ourselves of something to be done, or something to be avoided; and in questions of simple unperplexed morality, conscience is very often a guide that may be trusted. But before conscience can determine, the state of the question is supposed to be completely known. In questions of law, or of fact, conscience is very often confounded with opinion. No man's conscience can tell him the right of another man; they must be known by rational investigation or historical enquiry. Opinion, which he that holds it may call his conscience, may teach some men that religion would be promoted, and quiet preserved, by granting to the people universally

the choice of their ministers. But it is a conscience 1773. very

ill informed that violates the rights of one man, Ætat.6. for the convenience of another. Religion cannot be promoted by injustice: and it was never yet found that a popular election was very quietly transacted.

“ That justice would be violated by transferring to the people the right of patronage, is apparent to all who know whence that right had its original. The right of patronage was not at first a privilege torn by power frorn unresisting poverty. It is not an authority at first usurped in times of ignorance, and established only by succession and by precedents. It is not a grant capriciously made from a higher tyrant to a lower. It is a right dearly purchased by the first possessors, and justly inherited by those that succeeded them. When Christianity was established in this island, a regular mode of publick worship was prescribed. Publick worship requires a publick place; and the proprietors of lands, as they were converted, built churches for their families and their vassals. For the maintenance of ministers, they settled a certain portion of their lands; and a district, through which each minister was required to extend his care, was, by that circumscription, constituted a parish. This is a position so generally received in England, that the extent of a manor and of a parish are regularly received for each other. The churches which the proprietors of lands had thus built and thus endowed, they justly thought themselves entitled to provide with ministers; and where the episcopal government prevails, the Bishop has no power to reject a man nominated by the patron, but for some çrime that might exclude him from the priesthood, For the endowment of the church being the gift of

1773. the landlord, he was consequently at liberty to give

it according to his choice, to any man capable of Ætat. 64.

performing the holy offices. The people did not choose him, because the people did not pay

him. “ We hear it sometimes urged, that this original right is passed out of memory, and is obliterated and obscured by many translations of property and changes of government; that scarce any church is now in the hands of the heirs of the builders; and that the present persons have entered subsequently upon the pretended rights by a thousand accidental and unknown causes. Much of this, perhaps, is true. But how is the right of patronage extinguished? If the right followed the lands, it is possessed by the same equity by which the lands are possessed. It is, in effect, part of the manor, and protected by the same laws with every other privilege. Let us suppose an estate forfeited by treason, and granted by the Crown to a new family. With the lands were forfeited all the rights appendant to those lands; by the same power that grants the lands, the rights also are granted. The right lost to the patron falls not to the people, but is either retained by the Crown, or, what to the people is the same thing, is by the Crown given away. Let it change hands ever so often, it is possessed by him that receives it with the same right as it was conveyed. It may, indeed, like all our possessions, be forcibly seized or fraudulently obtained. But no injury is still done to the people; for what they never had, they have never lost. Caius may usurp the right of Titius, but neither Caius nor Titius injure the people; and no man's conscience, however tender or however active, can prompt him to restore what may be proved to have been never

taken away. Supposing, what I think cannot be 1773. proved, that a popular election of ministers were to

Ætat, 64 be desired, our desires are not the measure of equity. It were to be desired that power should be only in the hands of the merciful, and riches in the possession of the generous; but the law must leave both riches and power where it finds them: and must often leave riches with the covetous, and power with the cruel. Convenience may be a rule in little things, where no other rule has been established. But as the great end of government is to give every man his own, no inconvenience is greater than that of making right uncertain. Nor is any man more an enemy to publick peace, than he who fills weak heads with imaginary claims, and breaks the series of civil subordination, by inciting the lower classes of mankind to encroach upon the higher.

" Haying thus shown that the right of patronage, being originally purchased, may be legally trans. ferred, and that it is now in the hands of lawful possessors, at least as certainly as any other right;-we have left to the advocates of the people no other plea than that of convenience. Let us, therefore, now consider what the people would really gain by a general abolition of the right of patronage. What is most to be desired by such a change is, that the country should be supplied with better ministers. But why should we suppose that the parish will make a wiser choice than the patron? If we suppose mankind actuated by interest, the patron is more likely to choose with caution, because he will suffer more by choosing wrong. By the deficiencies of his minister, or by his vices, he is equally offended with the rest of the congregation; but he will have this reason

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