of the clergy; their total exemption from the secular jurisdiction, for example, what in England was called the benefit of the clergy,' were the natural consequences of this state of things, pp. 385-88. From the ninth to the fourteenth centuries the constitution of the Church of Rome was the most formidable combination that was ever formed against the authority and security of civil government, as well as against the liberty, reason, and happiness of mankind." Had this constitution been attacked by no other enemies but the efforts of human reason, it must have lasted for ever. For though reason might have unveiled the delusions of superstition, it could not have dissolved the ties of private interest. But the gradual improvements of arts, manufactures, and commerce, which destroyed the powers of the great barons, destroyed the temporal power of the clergy; and in the fourteenth century the sovereigns in the different states of Europe endeavoured to recover the influence which they once had in the disposal of the great benefices of the church. But the power of the Pope was nowhere so effectually restrained as in France and England, and in the former country the clergy have, since the sixteenth century, in any dispute between pope and king, usually taken part with the latter, pp. 388-91. The authority of the Church of Rome was declining when the disputes, which gave birth to the reformation, began in Germany, and thence soon spread them 1 6 'Benefit of Clergy was a privilege formerly allowed, by virtue of which a man convicted of felony or manslaughter was put to read in a Latin book of a Gothic black character; and if the ordinary of Newgate said Legit ut clericus, i.e. be reads like a clerk, he was only burnt in the hand and set free, otherwise he suffered death for his crime. Bailey's Dictionary. 2 This condemnation is much too severe. 'It is better that men should be governed by law and public opinion than by priestcraft; but it is better that men should be governed by priestcraft than by brute violence, by such a prelate as Dunstan, than by such a warrior as Penda. See Macaulay's History of England, cap. i. 1 selves through every part of Europe. The new doctrines were received everywhere with popular favour. Reason recommended them to some, novelty to many; hatred to the established clergy to a still greater number; but the zeal with which they were inculcated recommended them to by far the greater number. The success of the new doctrines was almost everywhere so great, that the princes who happened to be on bad terms with the court of Rome were enabled, in their own dominions, easily to overturn the church. Hence the doctrines of the reformation were established by the princes of the northern states of Germany; in Sweden by Gustavus Vasa; in Denmark by Frederick of Holstein; and in Berne and Zurich by the magistrates. In this situation the Pope cultivated the friendship of the sovereigns of France and Spain, of whom the latter was, at that time, emperor of Germany; with whose assistance the progress of the reformation was suppressed in their dominions. In England, however, it was begun by Henry VIII. and completed in the reign of his son Edward VI.2 In Scotland the reformation was strong enough to overturn the church, and the state too, for attempting to support the church, pp. 391-93. Among the followers of the reformation there was no general tribunal to settle disputes; the most important of which related to the government of the church and the right of conferring ecclesiastical benefices. These gave birth to the Lutheran and Calvinistic sects; the only sects among them of which the doctrine and discipline have ever been established by law in any part of Europe. The former preserved episcopal government, and gave the sovereign the disposal of 1 The revival of an old doctrine or practice is often, in effect, similar to the institution of a new one. 2 In England the clergy almost universally sided with the king. No one was more zealous for the Royal Supremacy than Bishop Gardiner (see Gardiner, De Vera Obedientia). Bishops Bonner and Tunstal also wrote in favour of it. bishoprics and consistorial benefices (thereby rendering him the real head of the church), without depriving the bishop of the right of collating to the smaller benefices; this system was also favourable to peace and good order, and to submission to the civil sovereign. The latter bestowed upon the people of each parish the right of electing their own pastor; and established the most perfect equality among the clergy. The former part of this institution, while it remained in vigour, seems to have been productive of disorder and confusion. The latter part seems never to have had any effects but what were perfectly agreeable, pp. 393–97. In countries where church benefices are, the greater part of them, very moderate, a chair in a university is generally a better establishment than a church benefice. The universities have, in this case, the choosing of their professors from all the churchmen of the country. Where church benefices, on the contrary, are many of them considerable, the church naturally draws from the universities the greater part of their eminent men of letters. In the former situation the universities are filled with the most eminent men of letters in the country. In the latter, few eminent men are likely to be found among them (except perhaps professors of law and physic). In Greece and Rome the far greater part of eminent men of letters, if we except poets, orators, and a few historians, appear to have been either public or private teachers of philosophy or rhetoric. To impose upon any man the necessity of teaching year after year a particular branch of science is the most effectual 1 Even the title 'Head of the Church' does not appear to have been a novelty in England. Bracton says expressly that the kingfills the place of Christ on earth,' and that he is the Vicar of God." Bracton, book i. cap. 8. See for legal authorities on the subject, Caudrey's Case (Coke's Reports, part v. p. 1 seq.). Much information will also be found in Hook's Lives of the Archbishops of Canterbury (Introduction to vol. vi.). method of rendering him completely master of it himself, pp. 397-99. The revenue of every established church is a branch of the general revenue of the state, which is diverted to a purpose very different from the defence of the state." The tithe is a real land tax which puts it out of the power of the proprietors of land to contribute so largely towards the defence of the state, as they might otherwise be able to do. The rent of land is according to some the sole and according to others the principal fund from which the exigencies of the state must be ultimately supplied. The more of this fund that is given to the church, the less can be spared to the state. Other things being supposed equal, the richer the church the less able must the state be to defend itself. In several Protestant countries the tithes and church lands have been found nearly sufficient to afford competent salaries to the established clergy, and also to defray the other expenses of the state. The whole expense of the Church of Scotland cannot exceed 85,000l. a year, which affords a decent subsistence to 944 ministers, besides paying the expenses of building and repairing of churches; yet no church is better conducted, if those of Switzerland are excepted, which, however, are not better endowed. The proper performance of every service requires that its recompense should be proportioned to the nature of the service.2 If any service is underpaid, it is apt to suffer by the incapacity of those employed in it. If it is over-paid, it is apt to suffer by their negligence and idleness, pp. 399-401. It is not true as a matter of history that the revenues of the Church have been bestowed by the State. They have been bestowed by private individuals for the most part, and merely protected by the State. 2 Our author is never tired of urging this argument. PART IV. Of the Expense of supporting the Dignity of the Above the expenses necessary for enabling the sovereign to perform his several duties, a certain expense is requisite for the support of his dignity. This expense varies both with the different periods of improvement, and with the different forms of government. We expect more splendour in the court of a king than in the mansion-house of a burgomaster. CONCLUSION.-The expense of defending the society, and that of supporting the dignity of the chief magistrate, are both laid out for the general benefit of the society. It is reasonable, therefore, that they should be defrayed by the whole society, all the members contributing in proportion to their respective abilities. The expense of the administration of justice may be defrayed by the general contributions of the whole society; or by the persons immediately concerned, by the fees of court. Local expenses ought to be defrayed by a local revenue. The expense of good roads is best defrayed by turnpike tolls, which lay it upon those who travel or carry goods from one place to another, and upon those who consume them. The expense of the institutions for education and religious instruction, being for the advantage of all, may properly be defrayed by general contribution, but it may also and perhaps more advantageously be defrayed by those who benefit from them, or by voluntary contributions, pp. 401–3. M |