fpace of time after the reft had quitted it, and said to the bishop in a steady tone of voice, in the hearing of Mr. Mabane, (one of the Judges of the court of common pleas,) who happened to be with the bishop at the time, "My Lord, if this man had given you the 150 Dollars which you asked of him for a dispensation to marry bis relation, you would bave granted him the dispensation; and then he would not have been guilty of this offence. And, now, my Lord, that he has been guilty of it, you ought to have confined your punishment to bim alone, and not have extended it to the inhabitants of a whole parish, who are entirely innocent." Mr. Mabane was struck with the juftnefs of the obfervation, and could not refrain from laughing when the man delivered it; and he earneftly interceded with the bifhop to take-off the excommunication. But he did not fucceed. For the bishop thought fit to continue it for two months longer, and then at laft took it off at the humble and urgent request of Monfieur and Madame Gafpé. This story was related to ine by Francis Le Clerc, one of the church-wardens above-mentioned, who waited on the bishop at the defire of the other inhabitants of the parish on the occafion aboverecited. The French extract, of which this is a tranflation, may be seen in the fecond volume of my Quebeck papers, in pages 120, 121, 122-126. F. M. Remarks The Tole ration of a Remarks on the true meaning of the words I HAVE observed that fome people are apt to use these words in a confufed manner, or without annexing dif tinct Ideas to them, when applied to a mode of Religion that is permitted or adopted in any country; which makes it difficult to understand their reasonings on the fubject and to come to any juft and fatisfactory conclufions on it. It will therefore be useful to state the feveral diftinct Ideas which ought to be annexed to them in difcuffions upon this fubject. Now it appears to me that there are three different methods in which a Religion, that is permitted by the Government of a country to be profeffed and practifed in it, may be supported, which may be distinguished from each other by the words Toleration, Endowment, and Establishment. When the Government of a country permits the Religion. profeffors of a Religion to meet-together in places of worship of their own building, or hiring, and to have divine worship performed in them, according to the Rites and Ceremonies which they chufe to adopt, by priefts, or minifters, of their own, whom they employ and hire for the purpose, that Religion is said to be tolerated. Thus the Quakers are tolerated in England, and fuch of the Prefbyterians and other Proteftant Diffenters from the church of England as comply with the conditions required required by the two Toleration-acts of the 1 William and Mary, and the 19 of the present king George the III. are also Tolerated. But the other proteftant diffenters, who do not comply with thofe conditions, are not tolerated, but are exposed to the penalties of fevere laws for worthipping God according to their confciences in their meeting-houfes, or conventicles, as they are called in those penal statutes. And in like manner the Roman-Catholick religion was tolerated in Canada from the conquest of the country by Sir Jeffery Amherst in September, 1760, to the paffing of the Quebeck-act in June 1774, when it was established by that Act. For the people were permitted to affemble in their churches and chapels to hear Mafs and to receive the Sacraments, according to the rites of the Church of Rome, and the priefs were permitted to officiate therein, without any moleftation whatfoever: and the tythes and other profits paid to the priests on this account, were paid voluntarily by the people who followed that mode of worship without any right in the priests to compel the payment of them by a fuit at law. This was perfect toleration. But it is poffible that a government, though it may think it neceffary in point of Juftice to permit the followers of a particular religion to meet together in moderate numbers to worship God in their own way, may yet not think it expedient to let that religion take root in the country in a manner that is likely to increase the number of its votarics. And in this cafe they may forbid its being endowed by gifts of land, or other permanent property, affigned to truftees for the permanent fupport of it. This, I apprehend, would not be inconfiftent with toleration, nor at all unjust towards the profeffors of fuch barely-tolerated religion; because every flate has a right to judge of the utility of the pur pufes The En dowment of pofes for which it allows the property of any of its members to be aliened in mortmain. But on the other hand it is poffible that a governa Religion. ment may think a particular mode of religion, though not worthy to be supported and encouraged by publick authority, yet to be fo very innocent and inoffenfive to the state that they may indulge the profeffors of it with a liberty to alien their land, or other property, in mortmain for the permanent fupport of the minifters and and teachers of it; as in England and other countries in Europe, men are permitted to found Profefforfhips of the Sciences in Universities, or to alien a part of their property in Mortmain for the maintenance of the Profeffors of them. Where this is permitted with respec to any particular religion, and private perfons have made ufe of fuch permiffion, and have settled permanent funds for the maintenance of the minifters and teachers of fuch religion, that religion may be faid to be endowed. The Establishment of Lastly, where the government of a country provides a a Religion. fund by their own publick authority for the maintenance of the minifters and teachers of any Religion, fuch a Religion is faid to be established. Thus, before the Reformation the Popish religion was established in England; because tythes, and other publick funds, were appointed by the Law of the land for the maintenance of the priests that taught it. And at the Reformation, by the ftatute of 1ft of Elizabeth, cap. 1. for abolishing the foreign Jurifdiction of the Pope; all priests who held bencfices were required to abjure the fupremacy of the Pope, and acknowledge that of the Queen; that is, the benefices, or publick funds affigned for the maintenance of the publick teachers of religion, were transferred from the Popish priests, who acknowledged acknowledged the Pope to be the head of the church, to the Protestant priests who acknowledged the Queen to be fo; and by that transfer the Proteftant Religion became established. This is the only fenfe in which the Church of England can be faid to be established at this day. Its priests are paid for performing its ceremonies, and teaching its doctrines, by funds affigned to them by the publick authority of the ftate. And in the fame fenfe the Roman-Catholick religion may be faid to be established in Canada by the late act of parliament in the year 1774. For a publick fund, to wit, the tythes of the Popish parishioners, that is, of 49 perfons out of every 50 throughout the province, is hereby affigned to the Romish priests as a maintenance and reward for performing the ceremonies, and teaching the doctrines of that religion. I know that fome perfons have afferted that this measure is not an establishment of the Popish religion in Canada, because the Proteftant parishioners are not obliged to pay tythes to the Romish priefts. But this affects only the quantum of the Provifion made for the maintenance of thofe priests and the religion they are to teach. It is fomewhat lefs ample than it would be if the Proteftants were forced to pay the tythes to them as well as the Roman catholicks. But the nature and defigu of the Provifion are the fame in both cafes. It is a fund provided by publick authority for the fupport of priests, to exercife and teach the religion of the church of Rome. And this, I prefume, is all that is meant by those who have affirmed that the Popish religion is established by this act of parliament, and is all that the words, establishment of a religion, naturally and ufually import. OF |