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ville, and called the Jew of Ve-ceived without jealousy, and obey nice. The English nation tolera- ed without repugnance. Though ted this disgraceful substitution, only called “to dress a sofa with till near the middle of the last cen- the flowers of verse," he has haptury, and the prologue was spoken pily deviated to adorn every subby the ghosts of Shakespeare and ject of general interest. It is a Dryden, who ascended from be- perpetual episode. His wit is ofneath the stage, crowned with ten epigrammatick, like that of laurel. The prologue-writer com- Young, without his severity. The plimented the taste of the commu- reflections, with which he cons nity by making the representative cludes the description of the imof the great dramatick bard speak mense palace of ice, built by the thus :

empress of Russia, I have heard These scenes in their rough native cited by a lady, as a fine instance dress were mine ;

of simplicity, though glowing with But now, improved, with nobler lustre antitheses.

shine. The first rude sketches Shakespeare's Alas ! 'twas but a mortifying stroke pencil drew,

Of undesign’d severity, that glanc'd But all the shining master-strokes are (Made by a monarch) on her own estate,

On human grandeur and the courts of This play, ye criticks, shall your fury kings. stand,

'Twas transient in its nature, as in show Adern’d and rescued by a faultless 'Twas durable ; as worthless, as it hand.

seem'd Intrinsically precious ; to the foot Treacherous and false ; it smild, and

it was cold. is the most popular poet in our language. His favourable recep- Cowper's version of Homer will tion is owing to no adventitious only serve as a beacon to warn fum circumstances, which frequently ture adventurers. It can only be raise into general celebrity writers, read by those, who, acquainted with that will never afterwards be re- the original, wish to observe, how, membered. His is the language in transfusing every thing with exof nature, delivered more faithful- actness from the ancients, nothing ly, than were ever the responses will be gained by the moderns. of the oracle by the priestess of The effulgence of the Grecian Delphos. “ From grave to gay,

bard, dark with excessive bright," from lively to severe," all are overpowered the mortal vision of charmed with Cowper. Yet he Cowper. He offers us only the indulges in no personal satire, and inanimate skeleton, the bones and why does he please the censorious? the muscles of Homer, in their He despises the artifices of fashion, terrifick nakedness, and for this and why is he the favourite of the we were to surrender the breathing dissipated, and the thoughtless ? image from the hands of Pope, No one, of any mental refinement, arrayed in his appropriate robes, is so corrupt, so remote from the and glowing with the lumen frur. simplicity of reason and of truth, furcum of eternal youth. as not to peruse the Task with delight. His moral lectures are re

COW PER

GENTLEMEN,

To the Editors of the Anthology.

Having lately examined the ancient laws of this State, relative to the constitution and rights of churches in the town of Boston, and reduced them into a digest, I submit it to you for insertion, provided you shall not deem it incompatible with the object of your useful miscellany. ANTIQUARIUS.

THE RIGHTS OF PROTESTANT CHURCHES IN THE TOWN OF BOSTON.

TO constitute a body corporate, it is not necessary that there should be a formal act of incorporation. For if any body of men are, by the supreme authority of the state, recognized as such, it will be a vir tual act of incorporation. In the early settlement of this commonwealth, so unrefined were the in habitants in their legal notions, that districts were constituted and invested with municipal rights by a single order of the governour and assistants of the colony, that they should be called by certain names. There is no other act of incorporation for the towns of Bos ton, Salem, Ipswich, and most others in the commonwealth. In considering the rights of the chur ches in Boston, we shall have occasion to notice the above principle, as none of them have, until very lately, been incorporated into distinct religious communities by special acts of the government.

The congregations in Boston are invested with rights and immunities, which have descended entire through successive generations.

Now where a body of men do possess certain rights, which they can, under a general name and in their united capacity, legally maintain, which rights have descended to them, but will not die with them; they are corporations, "maintaining a perpetual succession and enjoying a kind of legal inmortality." As for the origin of these communities, they

may claim corporate rights both from prescription and by implica tion from acts of the colony, province, and commonwealth. They have names, by which they are distinguished from each other,they may raise monies, they may sue and be sued, and they may do all legal acts, which may be done by other artificial persons.

In these communities there are several distinct corporate bodies, each known in law, and having its peculiar rights and duties; viz. 1. The Church. 2. The Minister. 3. The Deacons, and, in episcopal churches, Church Wardens. And 4. the Proprietors of Pews.

1. The Church. By a law of the colony,* passed in 1641, it is declared, that "all the people of God within the jurisdiction, who are not in a church way, and be orthodox in judgment, and not scandalous in life, shall have lib erty to gather themselves into a church estate, provided they do it in a christian way." But it adds, "that the General Court will not approve of any such companies of men, as shall join in any pretended way of church-fellowship, unless they shall acquaint three or more magistrates dwelling next, and the elders of the neighbour churches, where they intend to join, and have their approbation therein." In the same law it is enacted,

....

* Laws and Liberties of the Colony of Massachusetts, 43.

a that every church hath free lib. charges of the elders, when they erty of election and ordination of were employed by the order of the all her officers from time to time, General Court. It is to this cirprovided they be able, pious, and cumstance, that we must attribute orthodox. By the expression the the incorporating of so many of church,” is here meant, according the provisions of the Levitical law to a definition thereof contained in into the jurisprudence of the early a law passed in 1660,* such as are period of the state. in full communion only.” The In the choice of the ministers, teaching officer is intended, “ the the church were originally the minister to all the people where sole electors ; but for more than the church is planted.” All in- a century past, it has been an eshabitants, who were not in full tablished rule in the town of Boscommunion, were excluded from ton, and in the other towns of the any right in the choice, and if any commonwealth, that all who conone such should presume to act tribute to their support, shall have therein, he was accounted a dis- a voice in their election. By a law turber of the peace, and might be passed in the 4 and 5 of W.and M., punished by the court of the shire, it is declared, that whenever a by admonition, security for good church is destitute of a minister, behaviour, fine, or imprisonment, such church is invested with powe according to the aggravation of er to choose one. If the major the offence. The church is in- part of such of the inhabitants, as vested with liberty to admit, re- usually attend publick worship, and commend, dismiss, expel, or dis- are qualified by law to vote in town pose of its officers and members affairs, with whom likewise the for due cause : to assemble when members of the church may vote, it pleases, and to exercise all the shall concur with the act of the ordinances of God, according to church, and the person elected the scriptures : to deal with its shall accept thereof, he becomes members, who are in the hands of the minister, to whose support all justice, but riot to retard its course: the inhabitants and rateable estates and even with the civil magistrate, are obliged to contribute. In case “-in case of apparent and just of- of a disagreement between the fence given in his place,” but not church and the inhabitants, the to degrade him from his office or former may call in the help of a dignity in the commonwealth. council, consisting of the elders

The government of the colony and messengers of three or five. consisted, in those early periods, neighbouring churches. This of a spiritual and a temporal pow- council is empowered to hear, exer. It was usual to consult with amine, and consider the exceptions the elders of the churches in af- and allegatious made against the fairs of a civil nature,t relating to election of the churches.* If they the institution of laws, and the should approve of the choice, and conduct of publick affairs. And the person elected should declare in 1642, it was ordered, that the his acceptance, he becam. the minpublick treasurer should defray the ister of the society to all intents,

• Laws and Liberties, &c. p. 42. + Ib. p. 44.

Vol. III. No. 12. 4H

| Prov. Laws, p. $3.

Ib. p. 62 7 W, III. Ib. p. 62.

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and sentitled to be supported by the parish. But the act of 4 and 5 of W. and M., which applies to the towns and parishes throughout the commonwealth, expressly provides, that it shall not "abridge the inhabitants of Boston of their accustomed way and practice as to the choice and maintenance of their ministers." Each society in this town should, when proceeding to choose a minister, ascertain and parsue the ancient practice, if it has followed any one mode in preference to another, from which it is presumed it would be illegal to depart, in respect of the rights, which, by the choice and acceptance, rest in the minister.

By a law of the province, passed 28 Geo. II. and re-enacted in part by this commonwealth, Feb. 20. 1786, churches are constituted corporations to receive donations, to choose a committee to advise the deacons in the administration of their affairs, to call the church of ficers to an account, and, if need be, to commence and prosecute any suits touching the same.

2. The Minister. The ministers of the several protestant churches, of whatever denomination, are made capable of taking, in succession, any parsonage land or lands, granted to the minister and his successors, or to the use of the ministers, and of suing and defending all actions touching the same. But no alienation by them of such lands is valid any longer, than they shall continue to be ministers, unless it be with the consent of the town, district, or precinct,... or, if such ministers are of the episcopal denomination, with the consent of the vestry.

3. Deacons and Church-Wardens. By the same act, the deacons

* Prov. Laws, 370. Mass. Laws, 282.

of the congregational churches, and the church-wardens of the episcopal churches, are constituted corporations, including the minister, elders, or vestry, where they are named in the original grant, to take in succession all grants and donations, real or personal, made either, to their several churches, the poor of their churches, or to them and their successors; and to sue and defend in all actions touching the

same.

But they cannot alienate any lands belonging to churches, without the consent of the church, or of the vestry, where the gift is to an episcopal church.

4. Proprietors of Pews. Prior to the year 1754, the several congregations in Boston could not, by law, raise money for the support of the ministry and publick worship among them.* It was therefore enacted by the same law, that the proprietors of the pews, or the persons to whom they are allotted in the houses of publick worship, may, at a publick meeting to be called for that purpose, cause the several pews in such houses to be valued according to the convenience of their situation; and new valuations to be made from time to time, as shall be found necessa ry, and impose a tax on each pew according to such valuation, provided it shall not exceed two shillings a week. The monies so raised must be applied to the support of the ministry, and other parochial charges. The proprietors are authorised to choose a clerk, treasurer, and likewise a collector of the assessments. Reference is made in this act to a committee of the proprietors, which may, therefore, be chosen at such meeting. These meetings are to be called by the proprietors' clerk, deacons,

* Prov. Laws, 371

or church-wardens, and notice immediately after divine service given ten days, at least, before the meeting. In the notice, the purpose for which the meeting is to be convened, must be specified.

If any owner of a pew should neglect for three months, after a demand made, to pay his assess ment, his pew may be sold by the proprietors, who, after deducting from the proceeds, the debt and and costs, shall return the surplus to the owner, unless he shall tender the same to the proprietors, or to their committee, at the last valuation. In this case, if they refuse or neglect to accept the same, no sum shall be deducted out of the sale of the pew, but such only as became due prior to the tender.

The proprietors of the pews are owners of the soil on which the meeting-house stands, and are the rightful persons to sue and defend in all cases respecting the same, and likewise in all cases respecting the house.

Where the general laws of the commonwealth, relating to parishes, apply to the societies in Boston, they may avail themselves of them. Because they are general, and contain no exclusive expressions. Where those laws do not apply, they are not obligatory. Parishes in the country towns are in general separated from each other by boundary lines. Where in a town any district has been set off into a new parish, the remaining part is denominated the "first parish," and by an act, passed in the 4 Geo. I. all country parishes are invested with the rights and immunities of bodies corporate, whether they constitute the original stock, or are branches from it.

....

Prov. Laws, 198.

*This subject has been considered without reference to the law which was passed March 4, 1800,† providing for the publick worship of God, and repealing the laws here. tofore made on the subject. The first section of that law confirms to churches, connected and associated in publick worship with towns, parishes, precincts, districts, and other bodies politick, being religious so cieties, established according to law. within this commonwealth, all their accustomed privileges and liberties respecting divine worship, churchorder, and discipline. It declares that contracts,made by these bodies with any publick teacher, shall have the same force, and be as obligatory on the contracting parties, as any other lawful contract, and be sustained in the courts of justice. It prescribes the mode, in which the monies, paid by the subject to the support of publick worship, shall be applied to the use of the teacher of his own denomination. It provides, that nothing in the act shall take from any church or religious society in Boston, or any other town, the right and liberty to support the publick worship of God, by a tax on pews, or other established mode. And lastly, it repeals all laws, providing for the settlement of ministers, and the support of publick worship, made prior to the adoption of our present constitution, except as to the recovery of fines which had accrued, and the fulfilment of contracts made under them. This act was probably drawn up by some one, who was not well acquainted with the ancient laws relative to the subject, for such construction must be given to this repealing clause, as will very much limit its opera

+Mass. Laws, 931. &c.

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