THE 9gM@£€Hg Claims of the Clergy T O A Divine Right of Maintenance, And of Difpollng of Church-Livings, &V. [ Price Sixpence.] A THE CLAIMS OF THE CLERGY T O A Divine Right of M aintenan ce, And of Difpofing of Church-Livings, Exemplified in the Pretenfioiis and Conduct of the prefent SCOTCH CLERGY; and in the Behaviour of their Creatures, the Multitude. In a Letter from a Scotch Presbyterian , now fettled in a Diflenting Congrega¬ tion in England , to a Minii ter of the ___ National Church of Scotland. With the Scotch Minifter’s Anfwer. Occafioned by the Ty the-Bill now depen¬ ding in Parliament. LONDON ■ Printed for T. Cooper, at the Globs in Pater-nojler Row. 1736. THE Claims of the Clergy T 0 A Divine Right of Maintenance, &C, Reverend and Dear Sir , Send you a Paper on the Sub- je& of Tythes *, very much efteemed here, for the Ufe of Majority of the General Affembiy, who, as I am told, aflert a Divine Right to Tythes, at leaft to Sti¬ pends payable out of Tythes $ and for the Information of our good Chriftian Com¬ monalty, who having no Property of their own, do neverthelefs claim a Right in themfelves to the Properties of others, in * An Anfwer to the Country tar fan’s flea a - r nfi the Quakers Tytbe Bill. In a Letter to the R. Author, £?c. fo fo far as they are applied to the Payment of their Minifters Stipends, originally gi¬ ven, and ftill payed by others. They are in the Right, and fpeak with great Truth and Juftice, when they lay, that the fierce, uncharitable, and moll: un- chriftian Contention, which is made in the calling and fettling of Minifters, is not for the Flock, but the Fleece • for 1 never heard that any one ever hindred, or in the leaft ever thought it wrong in them, to call a Minifter of their own, if they difliked the Minifter already called* and paid (by others for his minifterial Work and Labour amongft them.) - This Paper is much to the Purpofe, with Regard to .our unhappy Difputes, fruit¬ ful of rrtany and great Mifchiefs, to Chri- ftiatiity as Bellas to civifSociety • Dif¬ putes -Which took their Rife from our be¬ ing' oVerftO'cR’d with Clergymen, and Which'are ftilF growing in Proportion, as the Numbers of Iicenled Preachers exceed the Number of Vacant Benefices, fo far, that'we have'noW commonly half a Score or more -Candidates for every Vacancy. •• If it is thought proper t6 reprint this, it is more to the Purpofe, than all the Argumefits' ( \|faWn i frofn the qonftrained Senfes'pat upon fo me'Texts of New- Teftament ( 7 ) Teftament Scripture, by interefted Cler¬ gymen, to veft in themfelves a divine Right to Tythes or Stipends, founded on the Doctrine and Pra&ice of thofe, who, if we may credit their own Teftimonies, miniftred to their own Neceffities by the • Labour of their own Hands, or depended upon the charitable Contributions of well- difpofed Chriftians, without making the leaft Claim, as of Right, to the lmalleft Proportion of the Properties of others. A divine Right to Tythes can have no Foundation but in the Levitical and Ce- remonial Law of the Jews, which is by Chriftianity fulfilled and abolilhed- or in the Appointments of the Pagan Priefts made by thofe blind Votaries of the vain Idols, who had no other Being than in the foolifh and wicked Imaginations of fuch who worlhipped them : But as Life and Immortality was brought to Light by the Gofpel,tho fe Clouds of Error, Ignorance, and Superftition, and all the worldly Pro¬ fits and temporal Power that follow¬ ed them, are difpelled by the Light of the Gofpel. The Chriftian Church, which compre¬ hends the whole Defcendants of Adam that believe, is a Thing very different from a National Church eftablifhed by the (8 ) the Laws of any Chriftian Country. The Clergy, as Chriftian Minifters, have no Claim whatfoever to the leaft Share or Proportion of the Property of any one, further than he may be pleafed volunta¬ rily and freely of his own Accord, to give it. But the Clergy of an eftablifh- ed national Church, have by the Laws of the Land, a Right to the Properties of the Laity, fo far as the Legiflature has given them a Title to Jr. Every national Church is a Creature of the State, and depends upon the State for its Rights, to the Freedoms, Immuni¬ ties, Monopolies, and exclufive Privileges it enjoys ; as well as to the Tythes, Sti¬ pends, Glebs, Manfion-Houfes, and other Ecclefiaftical Fees and Emoluments, paid by the Laity, for the Maintenance and Support of its Minifters, and other Eccle- iiaftical Affairs. No Chriftian Minifter can be lawfully hindered to preach the Golpel of Chrift; but no Minifter, although a Perfon of the molt exemplary Life and Piety, found and orthodox in the Chriftian Faith, be •he ever lb well qualified for the Office of the Miniftry, can enjoy, or acquire a Title to enjoy, any temporal Benefit or Advantage, belonging to any national Church, f 9 ) Church, utilefs he fubfcribe and affent to? all the Articles and Conditions of Commu¬ nion with that Church, and alfo fubmit to all the Rites,Ceremonies, particular Modes, and Manner of Worfhip and Devotion, peculiar to, and pradtifed. by that Church : Nor can any Perfon prefent a Minifter fo qualified to the Pofleffion of any Ecclefi- aftical Benefice in that Church, or vote for luch a Minifter but thofe only in whom fuch Right of Prefentation or of Voting, is veiled by the Laws of the Land. Every Perfon who differs with the na¬ tional Church in any of thefe Points, is a Diffenter from that Church; but Liber¬ ty of Confidence is in this, and in every free State allowed ; and the fame Law, the lame civil Power, that eftablilhes the national Church, tolerates .Di(Tenters, and protedts them in the free Exercife and Enjoyment of their own religious Opini¬ ons ; and ties up the Hands of the efta- blifhed Clergy from perfecuting or hurt¬ ing thefe their Fellow Chriftians, who differ from them in Opinion about reli¬ gious Matters, Modes, or Manner of De¬ votion, and Forms in Worfhip. The Cafe, with Regard to Individuals, is the fame as with whole Societies, or Seels of Chri¬ ftians : He who diililces any Minifter on B Ac- ( 10 ) Account of his Morals, or from a Dif- blteem of his Parts and perfonal Abilities, and minifterial Gifts, &c. although per¬ haps founded upon Prejudice, is a Dilfen- ter from that Minifter, and cannot be forced to fubmit to his Miniltry ; but is at Freedom to chufe whom he pleafcs for his own Minifter. Where then is the leaft Ground of Dif- pute (about fettling the vacant Parifhes of a national Church) confiftent with common Senfe, and common Honefty ? The Legiflature may eftablilh a nation¬ al Church, conftituted in fuch Manner as it thinks proper, and propofe. it to the People ; But the Legillature itfelf can¬ not, confiftently with the Liberties of a free People, impole it upon the People. . Every one then has an unqueftionable Title to chufe his own Minifter, not only as a Chriftian, but as a free-born Subjed of this Realm: But no Man, or any Sett of Men have, or can have a Right to dil- pofe of any Temporality belonging to the national Church, but thofe in whom the Legiflature has thought fit to veil that Right. If any one or more of the People of any Parilh are fo muchdifpleafed with the Minifter who obtains a legal Settlement a- * ' ' mongft mongft them, as to refufe to fubmit to his Miniftry, fuch are DifTenters from that Minifter, and may, if they pleafe, make uleof the Right allowed by Law in fa¬ vour of DifTenters, to chufe another Mi¬ nifter for themfelves. The Law tolerates DifTenters ; but no DifTenter, at leaft no Proteftant DifTenter ever claimed a Right to the Temporali¬ ties belonging to the Clergy of either of the two national Churches that are in this Ifland of Great Britain , feverally by Law eftablifhed. The Church of Rome indeed have made a profitable Exchange of Chriftianity, for the temporal Wealth and Power of the Jewilh and Pagan Priefthood • and in con- fequence of the exceflive Wealth, and enormous Power of its Clergy, has as effedually ruined Chriftianity, as it has fubverted and deftroyed the civil Rights and Liberties of Mankind. But can a Proteftant Clergyman, profeffing himfelf to be a Minifter of Jelus Chrift, who de¬ clared that his Kingdom was not of this World, and that his Service was incon- fiftent with the Service of Mammon, claim a divine Right to Mammon, be- caule he is the Servant of Chrift ? And is it not fhocking to common Senfe, to B 2 pretend pretend to found this Right upon the ho¬ ly Scriptures (which the Church of Rome, fenfible of fo grofs ari Abfurdity, have Wifely locked up from the Laity) while, they profels to allow all Mankind to read, perufe, examine, and to fearch them di¬ ligently ; to prove all Things, and to hold fall: that which is belt ? Chrift alone is the foie and only Head of the Chriftian Church univerfal • but the fiipreme civil Magiftrate is, in every Country not ehflaved to the See of Rome, Head of t'hC national Church ; no chriftian Minifter, as fuch, has the leaf! Shadow of a Claim, as of Right, to the RhaMeft Proportion of the Property of hian ; but every Minifter of a na- tionirthu'rch has by Law a juft Title and Rlght .to all the’ ecclefiaftical Temporali¬ ties'and'Profits which the Law allows Bun. . '.,D’6 riot'the People of Scotland of fheCommuhionofthe Church of England, ^ho'fe'ofthe Epifcopal Perfwafion, the independents,, Quakers, and thofe Prel- byterians who (on Account of fome Scru¬ ples,with Regard to the Government and Difcipline of the national Church, as at £refent by Law eftablilhed) differ from jt, all of them leverally fupport and maintain their own Minifters, Preachers and ( 1 3 ) and Speakers, as Diflbnters from the na¬ tional Church? I have heard indeed of three or four Presbyterian Mini Iters, who publickly and openly diflent from the national Church as impure, until fhe is reformed from certain Errors and Herefies which they are pleafed to charge upon her, who do neverthelels keep violent Poflefi- lion of the Temporalities of the national Church: Whether they found this Poi- feffion upon the Principles of the Church of. Rome, or of the reformed Proteftant Churches, muft be left to themfelves to determine, fince thofe few infallible Guides are too wife to fubmit to any other De¬ termination. , The Right of Prefentation as the Law now Hands, is veiled in the Patron, and the Right of Collation in the Church-Ju¬ dicatories : And if the Patrons do not life their Plight within fix Months after the Vacancy happens, then the Right of Pre¬ fentation, as well as of Collation, devolves upon the Presbytery : Rut both the one and the other are by Law tied up to the Obfervation of one Rule in the Ex- ercife of this Right: That neither of them- can prefent or presby terially call any Perfon to be Minifter of a vacant Congre¬ gation, who is not either a Minifter law¬ fully ( 14 ) fully ordained by, and according to the Rules of the national Church of Scotland ., as by Law eftablifhed, or by the fame Au¬ thority, and in the lame Manner, licenfed to preach the Gofpel, and declared by a Presbytery properly conftituted,to be well qualified and delerving to be a Minifter of any Presbyterian Congregation. This is a needfary, and it is a fuffici- ent and abfolute Security to the national Church, for all its Rights and Privi¬ leges- and no profeft Presbyterian can have any Ground to diflerrt from a Pres¬ byterian Minifter, thus prefented or pref- byterially called and fettled on Account of Principle. When a Parifh becomes vacant, every Candidate who has the fmalleft Hopes of Succels, firft makes Application t,by his Friends) to the Patron and confidera- ble Heritors, who for the moft part agree on the fame Perfon to be prefented f. And if the Friend or Favourite of the leading Minifters, and governing Par¬ ty of the Presbytery, has the good For* tune to fucceed with the Patron, as f NB. About one half of all the Afao-rofons or Patronages in Scotland belong to the Crown, and the King rarely prefents but upoft Application from the rnojl confiderable Heritors of the Parifh. thofe ( >5 ) thofe Minifters have frequently one or other cf them, a Son, a Nephew, or fome near Relation, who is bred a Clergyman and a licenfed Preacher, to be provided for; then all goes well, the Peace and Quiet of the Parilh is not in the leaft di- fturbed ■ the Patron grants a Prefentati- on, the Candidate (as the Law directs) accepts of it, the Presbytery concurs with it, and the Settlement is made in the molt peaceable and Chriftian Mannner, with¬ out Lofs of Time, or Expence to any Par¬ ty concerned. But, If the Candidate defigned by the Ma¬ jority of Presbytery be dilappointed, and another licenled Preacher, who is perhaps a Son or a near Relation of fome confide- rable Heritor of the Parilh be preferred by the Patron, then all manner of Art and Induftry, and moft undue Influence is uled to fpirit up the Parilh againft the Perfon prefen ted. The People, who on the other Event, were taught Refignati- on, chriftian Humility and Submiflion, are how told, they themfelves have a Right to chufe their own Parilh Mini- fter; that it was the moft valuable Legacy Chrift had left them, and was therefore a divine Right; that Patronages were an- cichriftian Tyranny, fecular Bondage, and Eraftian Ci6; Eraftian'He'refy. Thui Parifhes, when Clergymen are difappointed in their Wordly Views,‘become divided, inflamed, jmt together by the Ears ;• the one half again#'tHe 'other • tfnd : 'th£ Contention fbmentedjlnd- carrried on wit-h the utmoft Keehe-fic Hbat and Anhnofityi, difguifM under -the ijfccious Name of Zeal for Re¬ ligion." ‘ ' ■ "The Presybtery are Judges of the Set¬ tlement -in the firfflnftance, and after an expenfive Attendance with Lawyers, and a fierce Contention of -theP-arties concern¬ ed^ managed with great Heat and Ran¬ cour, oh both'Sides, at fcyeral Dyets of Presbytery ,'whomeet but once a Month, the Cable is at la# by them determined, Recording to- the Good-Will and Pleafure df the Majority, mid carried by the Par¬ ty aggrieved,-/by Appeal to the next Sy¬ nod, which- perhaps does not fet looner than fix Months after. - • Whether the Sentence of the Presby¬ tery is affirmdd or reveFfed by-the Synod,' the Caiife rarely fails of being carried from 1 them, either by Appeal or Reference to the next general Aflembly, which per¬ haps does not-'meet fooner than fix or -ele-' Tehi Months after the Synod. General ( 17 ) General AfTemblies, during their fhort Sittings, determine few of thole Caufes, but refer them to their Commiffion, which meets but four Times in the Year, and fits but three Days at a Time ; lb that after an expenfive Attendance of the Par¬ ties and their Lawyers upon Church-Ju¬ dicatories, fitting in feveral Parts of the Kingdom, often very diftant from one another, after a Parifn is kept vacant for Years together • and the People of the Parifh, during all that Time, involved in a noft unchriftian Strife and Debate, fo much imbittered and enraged againft one another, that they rarely fpeak to one another but in Wrath- the Caufe is at laft determined, but the Peace of the Parifh is not thereby reftored. For, If the Presbytery,within whole Bounds the Parifh (thus at laft fettled) lies, hap¬ pens to be over-ruled, then the Minifter fo direded to be placed by that Presby¬ tery, is from the Pulpits of thofe Clergy¬ men who caufed and conduded the Op- pofition, called an Intruder, a Theif and a Robber, who came not in by the Door, but through the Antichriftian Window of Patronages, fecular Power, and Eraftian Hereby: That it is finful in the People to fubmit to fuch a Minifter; that they Ought to affert and maintain their juft C Rights ( is ) Rights; that their Fathers had refifted un¬ to Blood; and they are in the moft pa- thetick Manner exhorted not to deiert the Caufe of C.hrift by a finful Submifli- on. All this is publickly preached from the Pulpit as the Word of God, and re¬ commended to the Multitude as Zeal for Religion and for the Truth, in open De¬ fiance of the Laws of the Land, and a Reproach to the chriftian Religion. Thus is the bleffed Gofpcl of Peace traduced by its Preachers, and by them made a Bone of Contention and Strife; a Motive for inteftine War, and publick Diforder and Confufion. When fuch a Sentence of the higheft Church Judicatory is intimated in Form to the Presbytery; they call it an unjuft Sentence, and a violent Invafion of the Rights of the People for whom Chrift died ; that they will not involve them- lelves in the Guilt, by a finful Submilli¬ on, and flatly refule to put it in Execu¬ tion, and lb the Parilh muft ftill conti¬ nue vacant, until Application is made to another General Affembly or Commiffi- on, to put their own Sentence in Execu¬ tion ; who, out of Tendernels to their dilbbedient Brethren of that Presbytery, commonly appoint the Settlement to be ' , made ( 19 ) made by Minifters from other Presby¬ teries : And this is likewife complained of and called an Infringment of the radical Power of Presbyteries. The poor unhappy People who are milled by thefe wild and unchriftian Do¬ ctrines, and by the rebellious and perni¬ cious Example of the Majority of a Pres¬ bytery ; aflemble from all Corners of the Country, at the Place and Time appoint¬ ed for the Settlement, to obftruct it, by open Force and Violence • and fuch Set¬ tlements are at laft (but too often) made at the Expence of a Breach of the pub- lick Peace and Bloodfhed. And thole of the Parifh, who are ingaged in the Op- pofition, delert their own Minifter, neg- le dained, and lawfully fettled amongft them. We Ihould hear of no Strife, no Dil'or- dprs, or any unchriftian Practice amongft the People, if they were let alone, aftd left at Freedom to' judge for themfelves. Let it then be confidered, If this Right was veiled, where the Clergy, by every Step of their Conduct, plainly intend it Ihould be placed, and where, in Spite of the Law, in many Ca¬ fes it now is in Effect placed, I mean in the Presbytery within whofe Bounds the Vacancy happens; would not the whole Parifh have juft caufe to complain ? Could any Parifh expeft in that Event to be in the leaf! confidered in the Choice or Call of their own Minilter, fo long as any Member of the Presbytery had a Son, or any Relation that was a licenfed Preacher to be provided for ? Are there not In- llances where a Presbytery, when the Power or Right of Prefentation has fallen in their owm Hands ; have thruft a Mini- fter upon a Parifh, again!! the Confent of the Patron, of the Heritors, of the El¬ ders, and againl! the Confent of every Individual within the Parilh ? And is it to be imagined that they would act from any other Motive, than that of their own Intereft ? If every Presbytery in Scotland , as a Corporation, had the fame Power to dif- pole of the Temporalities of the Church, f 24 ) as the Individual Minifters, when legally- placed in a Parilh, have feverally to enjoy them ; would not the Clergy be entirely independent on the Laity ? And would not Popery be thereby in part again efta- blifh-d in this Nation ? And yet it mult be acknowledged, that fuch a Meafure would effectually cure and prevent our , prefent molt unhappy Divilions and De¬ putes, and the Diforders that attend them • for then the Controverfy would be only between Clergymen and Clergymen , and be determined by the Majority of every Presbytery.* As in Romm Catholkl Coun¬ tries, where the Laity are abfolutely en- flaved to the Clergy, there are no Dis¬ putes of this Kind. The Queftion then is. How thefe Difputes, which divide and inflame the common People, and turn their Heads from minding the ordinary and ne~ ceffary Affairs of their Family, to De¬ bates upon the Import and Meaning of certain Greek Phrafes, relating to the Manner of calling of Minifters by the Apoftles; a vain Knowledge about doubt¬ ful Qqeftions; which they are neverthe- Iefs fo fond of, that they prefer it to Mo¬ rality 1 .arid: pradical Religion, although like Papffts, they implicitly fubmit to that ( 2 5 ) that Senfe which their Favourite Clergy are pleafed to put upon the Text ; De¬ putes which difturb the publick Peace, and have been the Caufe of many popular Tumults, Riots,and Diforders the Quel- tion, I lay, is, How this Evil, this grow¬ ing Evil, which calls lb loudly for a Re¬ medy, is to be cured and prevented ? It might, no doubt, be cured in part, If the Legillatuve Ihould think fit to prefcribe fuch Rules of Direction for the Church-Judicatories to determine Ques¬ tions upon this Subjeft, as could hot be difpenfed with, or eluded by the Clergy. But if it is to be totally cured, there is no Medium. The Power and Right of difpofing of the Temporalities of the Church, and of determining all Queftions and Debates that may arii'e upon fuch Difpofition, mull either be abfolutcly vefted in the Clergy, as it was before the Reformation • whereby we Ihould have a Kind of Popery effablilhed again amongft ourlelves, by a papal Power in every Pres¬ bytery : Or it mull be placed where it was before the Times of Popery, in thole Hands whence it originally flowed, and where it mull Hill have continued, if our Fore-fathers had not, in the dark Times of popilh Bigottry and Superftition, given D it t *6 ) it up to the Clergy, out of whofe Hands we have not hitherto been able totally to recover it • I mean the civil Magi- ftrate and Courts of Law* If the Clergy were left at Liberty to purfue the fpiritual Concerns of their ho¬ ly Fundion only, to employ themfelves in that, and in that alone j and fhould be, by the Laws of the Land, (fince Chrifti- anity proves too feeble a Tie to bind them) reftrained from meddling with lecu- lar Affairs, and the temporal Things of this Life, efpecially fince the Laity have made fo plentiful a Provifion of the Things of •this World for their comfortable Main¬ tenance and Support; we fhould have as few Difputes about the planting and fet¬ tling of vacant Parifhes in Scotland , as there are in England ; where the Eccle- fiafticks being under the Controul of the civil Magiftrate, the Right to prelent, .and Manner of induding or fettling a Mi- nifter in a vacant Parifh, is fo well under- ltood, that there rarely happens any Dil- :pute, or fo much as a Queftion about it. The Right and Power of trying, li- ..cenfing, and ordaining, ought to be in the Church-Judicatories ; and that is an :abl'olute Security to the national Church by.Law eftablilh’d, of all its Rights and : ' Pri- ( 27 ) Privileges ; for no Man can thereby be admitted to poffefs any Living belonging to the National Church, who is not fuf- ficiently qualified for the Office of the Miniftry; and of the Principles of the eftablifh’d Church. But, The Power of giving, and of determi¬ ning any Queftions that may arife upon the Right to poffefs the Stipend, * Manfe, Glebe, and other ecclefiaftical Profits of any Parifh, ought to remain in thofe Hands where the Legiflature has now placed it, or in whofe Hands foever the Legiflature fhould at any Time think fit to place it ; and be determined by the Courts of Law; becaufe thefe muft go¬ vern themfelves by Law, and not in the arbitrary Manner pra&ifed by Church- Judicatories, but muft determine accor¬ ding to Law; and their Judgment is lia¬ ble to be reviewed by the fupreme Court, the laft Refort of this Realm, the Houfe of Peers of Great Britain. I am, Reverend and Dear Sir, Tour's, Sec: London, April 22, 1736. * The Manfe Signifies the Minifier's Houfe, which is Supported end kept in Repair by a ‘Parifl? Rate. '( *? ) (5^ $£s SrtS &MS sSl?5 &{l* £ft c ’ &'?S Cfls fhe Scotch Minifiers An - fwer to the foregoing Let¬ ter, Reverend and Dear SIR, "T Received your Letter of the a ad ult , £ with the Pamphlet, call’d, An An- Jvoer to the Country Par fin’s Plea , &c, I have perufed both with Attention, and am of Opinion, if they were difperfed in this Country, fo as to fall into the .Hands of all thofe who have been en¬ gaged in our moft; unhappy, and, as you juftly call themj unchriftian Difputes, they might have the Effeft to cure them, in fome Meafure ; by determining eve¬ ry Man of common' Senfe and Honefty, who has no diredl Intereft, worldly or ambitious View, to promote thefe Dif- orders, to ufe his Influence to prevent them for the future. But But I fuppofe you have not yet for¬ got the Temper and Difpofition of our High-flying Brethren ; that although they are - the Minority in moft Pref- byteries, yet how indefatigable they are to feduce the fincere, well-meaning, but ignorant Country People, who are our own Elders, and to inflame them againfl: every one who differs with themlelves in Opinion, lhould they by fuch Means get a Majority in any Church-judicatory, as they have of late done in our Gene¬ ral Affemblies, you know how fevere our Church Difcipline is. And if they failed' in this, how ready would they be to out-hound all the furious and igno¬ rant Bigots upon any Perfon, elpecially one of my Character, who fhould be con¬ cerned in publilhing, or offering to the Confideration of Mankind, any Paper of this Kind, that tends to deftroy their darling Idol, Popularity , and to leffen the mighty Figure they imagine they make in this Country, by their Influ¬ ence upon thofe well-meaning, but un¬ wary People, who are milled by them. I have therefore kept the Paper up¬ on Tythes, but returned your own Let¬ ter • becaufe if it is printed at London , ( 3 ° ) our Boofcfellers here may have both from thence ; and every Man, Clergy,, man as well as Layman, who dare open his Eyes to Reafon, may in this Age of Liberty, fafely read what he plea- fes for his better Information, I am, Reverend and Dear Sir, Tour's, 6Cc. Edinburgh, . May i) 1736,