Page images
PDF
EPUB

communion. Ever since the ordinance of parliament which gave the right, popular election has always been a favourite measure in Scotland. To enforce the legal presentations of patrons, the General Assembly had exercised its executive powers with considerable energy. Presentees were usually denominated "intruders." One of those violent settlements, in the year 1752, occasioned another secession from the establishment. A Mr Andrew Richardson was presented to the church and parish of Inverkeithing, in the presbytery of Dunfermline. The parishioners objected vehemently, and appealed to the General Assembly then sitting. That court ordered the presbytery peremptorily to induct Mr Richardson. Every minister within the presbytery was ordered to attend and witness the execution of their sentence. Mr Thomas Gillespie, minister of Carnock, and five other ministers, refused to obey the Assembly's mandate. They sympathised with the parishioners in their desire to elect a minister more agreeable "to the inclinations of the people" than Mr Richardson appears to have been. The Assembly summoned the whole presbytery of Dunfermline to their bar. At the bar, Mr Gillespie and his five associates acknowledged their disobedience to the Assembly's mandate. In vindication, they stated their objections to intrusions and violent settlements. They reminded the Assembly, that that court itself, in 1736, had declared: "that it is, and has been ever since the Reformation, the principles of this church, that no minister shall be intruded into any parish, contrary to the will of the congregation; and therefore it is seriously recommended to all judicatories of this church, to have a due regard to the said principles, in planting vacant congregations, so as none be intruded into such parishes, as they regard the glory of God and the edification of the body of Christ." This appeal to their own decisions only inflamed the already irritable feelings of the Assembly. They deposed Mr Gillespie from his office of the ministry, and loosed his connexion with his parishioners. Willing, as they said, to mix mercy with judgment, the Assembly only suspended the other five from the exercise of the judicial part of their office. Mr Gillespie was alone violently thrust out of his parish, and degraded from his office. The manner and indecent haste of their proceedings were very remarkable. The Assembly issued their mandate for the ordination and induction of Mr Richardson, on Monday. The day for his induction was Thursday, at eleven o'clock. On Friday, every member of the presbytery was summoned to appear at the bar of the Assembly; and, on Saturday, Mr Gillespie was deposed. These energetic measures only occupied the short space of one week. This indecent haste in so solemn an affair, gave offence to many, and occasioned the establishment of the RELIEF SYNOD. Such wanton despotism is inseparable from collective bodies of men. Professor Hill says, that the government of the

Church of Scotland is republican. The tyranny and injustice which were practised against Mr Gillespie is inseparable from republican governments. It cannot be otherwise. The odium of a guilty deed is divided among many. Every individual member shifts it off his own shoulders, and thinks, because others were concerned, that therefore he is less guilty. Bodies of men are incapable of mercy. They never pardon. A sentence once passed is irreversible. Therefore governments, where there is only judgment without mercy, cannot be from God. He is essentially merciful; and his representative, and individual judge or governor, has the principle of mercy within his own breast. Mr Gillespie would never have sustained such a severe and unjust sentence from an individual judge, as a republican court inflicted. That judgment, which was never reversed, occasioned a schism from their body which in a few years mightily increased. Although deprived of the temporalities, Mr Gillespie considered that his spiritual relation still continued. He accordingly preached in the open air to his late parishioners. Persecution added a sanctity to his name, and a popularity to his cause, which he had never before enjoyed. He was considered the champion of the people's rights. In a short time his followers built a chapel in Dunfermline. In the course of a few years he was joined by Mr Thomas Boston, late minister of Oxnam, in Roxburghshire. The General Assembly declared Mr Boston incapable of being again received into the establishment, or even of preaching in a parish church; and discharged all ministers under their jurisdiction from holding ministerial communion with him. These two original pillars were soon after joined by a Mr Collier, an English dissenter. These three, with some lay elders, constituted themselves a presbytery at Colinsburgh, in the county of Fife. A trifling circumstance gave rise to their name. Some inhabitants of Colinsburgh solicited them for relief from the burden of patronage. They therefore denominated themselves the Presbytery of Relief; which, when their numbers increased, was afterwards changed into the Relief Synod.

Independency has never flourished much in Scotland. This system was first introduced in England, about the year 1580. Robert Brown has the equivocal honour of being its founder. Hence his followers were first called Brownists. They have had various names: Brownists, Barrowists, Congregationalists; but they are now generally known by the name of Independents. They became very numerous in England. Neale says, that in their articles of faith they did not differ much from the Church of England, but were very rigid and narrow in points of discipline. They were the most tolerant in their principles of all the sects. Cromwell introduced their system into Scotland. Their number was greatly increased some years, by a Mr Haldane sending out itinerant lay preachers. These erected tabernacles in different parts of the country, which settled down

into independent congregations. They have since split into several independent denominations, at variance with the parent stock. In the time of Oliver Cromwell, a Baptist meeting was established in Edinburgh. But with that exception there are no traces of them in Scotland till the year 1765. In that year, Mr Carmichael and Mr Maclean formed a congregation, and there are now several Baptist congregations. Neale says, that the first Baptist congregation which assembled in England, was in 1640; when a few individuals, dissatisfied with the lawfulness of infant baptism, assembled in London. They chose a Mr Jesse for their minister, who founded that denomination. There are many other minor seceders and dissenters in Scotland, but we have only mentioned the most prominent. The seceders are not dissenters from the Scottish establishment. They allege, that they maintain the doctrine, discipline, and mode of worship, in greater purity. They seceded from it, on account of the maladministration of all these; and they object especially to the system of patronage. When the maladministration is corrected, they are ready to unite with the establishment. They avow the necessity of popular election in the choice of a minister. On this point, however, there is a division among them; some contending that only heads of families, who are communicants, are privileged to vote; others, again, that all of full age, both men and women, are entitled.*

POOR LAWS

THE law of England recognises three descriptions of poor. 1. Poor by impotency and defect. These consist of the aged or decrepid, fatherless or motherless; poor under sickness, idiots, lunatics, lame, blind, &c. 2. Poor by casualty. Housekeepers, decayed or ruined by unavoidable misfortunes; poor persons, overcharged with children; disabled labourers. These are to be set to work, if they be able; if they are unable to work, they are to be relieved with money.-3. Poor by prodigality and debauchery, commonly called thriftless poor. These are idle, slothful persons, pilferers, vagabonds, strumpets, &c. These are to be sent to the house of correction, and to be put to hard labour, to maintain themselves; or work is to be provided for them, that they do not perish for want. these become impotent by sickness, or if their work will not maintain them, there must be an allowance by the overseers of the poor for their support. The law not only regards life and member, and protects every man in

If

The Present Truth, a Display of the Secession Testimony, in the three periods of the Rise, State, and Maintenance of that Testimony.-Testimony of the Associate Synod of Original Seceders.-Willison's Testimony-Neale's History of the Puritans.-Adams' Religious World Displayed.

numerous. resource.

the enjoyment of them; but also furnishes him with everything necessary for their support. For there is no man so indigent or wretched, but he may demand a supply, sufficient for all the necessities of life, from the more opulent part of the community, by means of several statutes enacted for relief of the poor. Till the time of Henry VIII., the poor of England subsisted entirely by private benevolence. In Ireland, the poor have not to this day any relief for their wretchedness, but private charity alone. By ancient statutes, the poor were directed to remain in the cities and towns where they were born, or wherein they had dwelt for three years. This seems to have been the origin of parish settlements. After the dissolution of the religious houses, in the reign of Henry VIII., the idle who would not, and the indigent, infirm, and aged, who could not work, were exceedingly Before the Reformation, the monasteries were their principal These frequently supported and fed a number of idle and indolent poor. This inconvenience was quickly felt throughout the kingdom. Abundance of statutes were made by Henry and his children, to provide for the poor and impotent. These poor were principally of two sorts: the sick and impotent-the idle and sturdy. The former could not, and the latter would not work. To provide for these in the metropolis, Edward VI. founded Christ's and St Thomas's hospitals, for the relief of the impotent through infancy or sickness; and bridewell, for the punishment and employment of the vigorous and idle. These were insufficient for the poor of the whole kingdom. After many fruitless experiments, overseers of the poor were appointed in every parish.* Their office and duty were chiefly these: 1. to raise competent sums for the necessary relief of the poor, impotent, old, blind, and such other being poor and not able to work, and them only; 2. to provide work for such as are able and cannot otherwise get employment. By virtue of this statute, the overseers are nominated annually, in Easter week, or within a month after.

After the Restoration, a different plan was adopted, which has rendered the employment of the poor more difficult, by authorizing the subdivision of parishes, has greatly increased the number of the poor, by confining them to their respective districts; and has given birth to the intricacy of the poor laws, by multiplying and rendering more easy the methods of gaining settlements. In consequence, innumerable and expensive lawsuits are annually entered into, between contending parishes, respecting settle ments and removals. A legal settlement was declared † to be gained by birth, inhabitancy, apprenticeship, or service for forty days; within which periods, all intruders were removable from any parish, by two justices of the peace, unless they settled in a tenement of the annual value of £10,

* 43 Eliz. c. 2

13 and 14 Char. II. c. 12.

The frauds naturally following this provision, produced a subsequent statute,* which required a written notice, to be given to the parish officers, before a settlement could be gained by so short a residence. Subsequent provisions allowed other notorious circumstances to be equivalent to a written notice. These circumstances have again, from time to time, been altered, enlarged, or restrained, whenever experience of new inconvenience suggested the necessity of a remedy. The system of certificates was invented, by way of counterpoise, to restrain a man and his family from acquiring a new settlement by any length of residence whatever. By the statute of Charles II., † all persons who are likely to become chargeable, unless they settle upon a tenement of the yearly value of £10, may be removed to the places where they are legally settled. This statute was an infringement of the liberty of the subject, as nothing can be more cruel and impolitic than to prevent a person from residing in that situation where, by his industry and occupation, he can best procure a competent provision for himself and family. To alleviate this hardship and inconvenience, another statute provided, that the major part of the churchwardens and overseers of any parish or township, shall grant a certificate, under their hands and seals, attested by two witnesses, and allowed and subscribed by two justices, acknowledging the person and his family therein specified to have a legal settlement in their parish or township, and shall direct to some particular parish or township. Such person having delivered this certificate to the parish officers where it is directed, then neither he nor his family are removable from thence till they are actually chargeable. But, as the object of the certificate was to prevent him from bringing any encumbrance upon the parish where he is thus permitted to reside, he is restrained from gaining a settlement where he lives under the protection of the certificate, by any means whatever, except by renting a tenement of the yearly value of £10, and by a residence in the parish for forty days, or by executing an annual office. But besides these two cases mentioned in the act, it has been held, that a certificate person may gain a settlement by residing upon, or having in the parish where he resides, any estate whatever of his own, provided, if it has been actually purchased by him, he has bona fide paid £30 for it. But the object of granting certificates is now extinguished, by an enactment,§ that no person shall be removed by an order of removal till he becomes actually chargeable. Every unmarried woman who is pregnant shall be deemed actually chargeable, and also all persons convicted of any felony, and rogues, vagabonds, and idle or disorderly persons, and persons of evil fame, or reputed thieves, not giving a satisfactory account of themselves, may be removed, as if they were

* 1 Jam. III. c. 17. † 13 and 14, c. 12. 8 and 9 Will. III. c. 30. § 35 Geo. III. c. 101.

« PreviousContinue »