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ject well treated in the “Defence of Pluralities; ” and although he thought that a patron should exercise his right with tenderness 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 rights of another man; they must be known by rational investigation or historical inquiry. 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 very ill informed that violates the rights of one man 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 from 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 public worship was prescribed. Public worship requires a public 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 when the episcopal government prevails, the bishop has no power to reject a man nominated by the patron, but for some crime that might exclude him from the priesthood. For the endowment of the church being the gift of the landlord, he was consequently at liberty to give it, according to his choice, to any man capable of 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 2 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 proved, that a popular election of ministers were to 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 public 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. “Having thus shown that the right of patronage, being originally purchased, may be legally transferred, 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 but 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 P 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 deficiency of his minister, or by his vices, he is equally offended with the rest of the congregation; but he will have this reason more to lament them, that they will be imputed to his absurdity or corruption. The qualifications of a minister are well known to be learning and piety. Of his learning the patron is probably the only judge in the parish; and of his piety not less a judge than others; and is more likely to inquire minutely and diligently before he gives a presentation than one of the parochial rabble, who can give nothing but a vote. It may be urged, that though the parish might not choose better ministers, they would at least choose ministers whom they liked better, and who would therefore officiate with greater efficacy. That ignorance and perseverance should always obtain what they like was never considered as the end of government; of which it is the great and standing benefit, that the wise see for the simple, and the regular act for the capricious. But that this argument supposes the people capable of judging, and resolute to act according to their best judgments, though this be sufficiently absurd, it is not all its absurdity. It supposes not only wisdom, but unanimity, in those, who upon no other occasions are unanimous or wise. If by some strange concurrence all the voices of a parish should unite in the choice of any single man, though I could not charge the patron with injustice for presenting a minister, I should censure him as unkind and injudicious. But it is evident, that as in all other popular elections there will be a contrariety of judgment and acrimony of passion, a parish upon every vacancy would break into factions, and the contest for the ehoice of a minister would set neighbours at variance, and bring discord into families. The minister would be taught all the arts of a candidate, would flatter some, and bribe others; and the electors, as in all other cases, would call for holidays and ale, and break the heads of each other during the jollity of the canvass. The time must, however, come at last, when one of the factions must prevail, and one of the ministers get possession of the church. On what terms does he enter upon his ministry but those of enmity with half his parish 2 By what prudence or what diligence can he hope to conciliate the affections of that party by whose defeat he has obtained his living? Every man who voted against him will enter the church with hanging head and downcast eyes, afraid to encounter that neighbour, by whose vote and influence he has been overpowered. He will hate his neighbour for opposing him, and his minister for having prospered by his opposition; and as he will never see him but with pain, he will never see him but with hatred. Of a minister presented by the patron, the parish has seldom anything worse to say than that they do not know him. Of a minister chosen by a popular contest, all those who do not favour him have nursed up in their bosoms principles of hatred and reasons of rejection. Anger is excited principally by pride. The pride of a common man is very little exasperated by the supposed usurpation of an acknowledged superior. He bears only his little share of a general evil, and suffers in common with the whole parish; but when the contest is between equals, the defeat has many aggravations; and he that is defeated by his next neighbour is seldom satisfied without some revenge; and it is hard to say what bitterness of malignity would prevail in a parish where these elections should happen to be frequent, and the enmity of opposition should be rekindled before it had cooled.”
Though I present to my readers Dr. Johnson's masterly thoughts on the subject, I think it proper to declare, that
sence offection for
notwithstanding I am myself a lay patron, I do not entirely subscribe to his opinion.
On Friday, May 7, I breakfasted with him at Mr. Thrale's in the Borough. While we were alone, I endeavoured as well as I could to apologise for a lady' who had been divorced from her husband by act of parliament. I said that he had used her very ill, had behaved brutally to her, and that she could not continue to live with him without having her delicacy contaminated; that all affection for him was thus destroyed ; that the essence of conjugal union being gone, there remained only a cold form, a mere civil obligation ; that she was in the prime of life, with qualities to produce happiness ; that these ought not to be lost; and, that the gentleman on whose account she was divorced had gained her heart while thus unhappily situated. Seduced, perhaps, by the charms of the lady in question, I thus attempted to palliate what I was sensible could not be justified; for when I had finished my harangue, my venerable friend gave me a proper check:—“My dear Sir, never accustom your mind to mingle virtue and vice. The woman's a — and there's an end on't.”
He described the father 2 of one of his friends thus :“Sir, he was so exuberant a talker at public meetings, that the gentlemen of his county were afraid of him. No business could be done for his declamation."
He did not give me full credit when I mentioned that I had carried on a short conversation by signs with some Esquimaux, who were then in London, particularly with one of them, who was a priest. He thought I could not make them understand me. No man was more incredulous as to particular facts which were at all extraordinary ; and therefore no man was more scrupulously inquisitive, in order to discover the truth.
I dired with him this day at the house of my friends, Messieurs Edward and Charles Dilly, booksellers in the Poultry: there were present, their elder brother Mr. Dilly
" No doubt Lady Diana Spencer, daughter of Charles Duke of Marlborough, born in 1734, married in 1757 to Viscount Bolingbroke, from whom she was divorced in 1768, and married immediately after Mr. Topham Beauclerk.-Croker.
Old Mr. Langton.-Croker.