The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-05-26

ty of CheRer6eld, }
VISA
Overfeers Of The Poor OF the faid County.
Mr.. NICHOLAS (Attorney GENERALLY
obfsrved, that no judicial quefticn Of great
er importance had ever been agitated in
this fate. The Bill of Complaint alledged
that the law of 1901 was void and the
court was called upon to pronounce the
deciiioh. This law related to a cafe, which
was not more interefing from the value of
the property which it involved, than from
the peculiar tenure by which that proper
~ was faid to be held.
He ihould take three-fold view of the
inbjeef. He fhould examine:
lift. The Rate of the Church and its
fights prior to the revolution.
End. The effects which the revolution,
and the bill Of rights, may have had on
them.
srd. The effects of the laws Euee the re.
volution and the conieauent validity of
the prefent a6.
!. The hiftory of the church and its
rights prior TO the revolution, mutt be
drawn from the laws themftlves which con.
ferred thofe rights. We fhall find that the
act of SCI, CHI. I. directs churches & cha
tels of cafe TO be built for the ufe of the
Pafilhes. The aa of 66l, ch. g. fipplies
the practical deficiencies Of the laft act, by
ipecifying fone method of defraving the
expence necefarv For thefe buildings, as it
directs that veftries Mould be elected, who
We're to levy an aIs 'Iinent upon the paIifh
tor s5it and other purpofss: it alfo directs
that "none ihopld be admitted 70 be Of
the Teftry, who do not fubfcribe TO be con-
formable to the doctrine and difcipline of
the Church of England" The aSt of
1861, Oh. 8. advances another ftep in regti-
lating the government of the church, by
providing for the election of its minifers
who were to "produce to the governor
testimonial of their ordination by fome bin
OPP in England, and fiibfcribe to be con-
forrrabfe to the orders and contributions of
the Church of England The right of
Proclamation was given then to any pa
fifh, and his induction by the governor was
fill neceliary to clothe him with the garb
of his holy Office. To provide for
the fupport oftheie miniters, feveral laws
were enacted, the principal Object ofwhich
vas to empower the veftry to levy an al
1efiinent upon their parifh, and TO purchafe
Glebe. Thefe Globes were intended for
the ufe Of the minifters only. They had
the right to fue for trefpafs on them. They
had an effate in them for life without the
night of alienation (aef of I74s.) The
veitries in the mean time, beiides their
other functions were appointed for the finn
pie management OF parochial affairs (a6t
of 1861, CHI. 2. )--This fhort recital is fulfil
Gent, among other things, to prove that
there exifted in this country an efabliihed
church which was intimately connected
with, and dependent upon, the Church of
England. For why was conformity with
the Engliih church required from the vef-
trynlen of our church Why was a tsfti-
Inonial Of ordination by fome Englifh biih-
OPP to be required by the governor, of any
minlfter, who wiihed TO enter into the Vir
ginia church Why was ne required to
fubfcribc TO the orders and contributions of
the church OF England? unlefs this de-
pendency had been already iuppofed 70 ex-
lit ; and uAlefs theie laws were intended to
maintain that Observation-Disclosures pofi-
ton may be equally we'll e1tablifhed, which
(ss to the preitnt cafel has A ffroHg relati-
on to the lat petition: that the Engiifh
church was intimately connected with the
Englifh government. Does not the church
IN England form part of the bariinmenia-
~ body? Is not the king called The had
Of the church Does he not appoint the
BiGhops ? (Tuc. Bla. ]. oso.)
2. Let us then (faid MIR. NJ carry along
with US this recital and thefe petitions, to
the examination of the que6ion: What
eifect has our revolution had upon thefe
rights If the revelation deftroyed the 60
vernment of England; if there was an in
innate connection as well between that
government and the Englilh church, as be-
tween that church and the church of Vir-
ginia, NUT we moi conclude that our reyo-
luton has overfet this church, with eUeyy
part of the political fyfem of England in
tits country Does not this general ar
gurnent acquire additional force in the pre-
tent inlance, from coniidering the barficn-
Lnr method, by which the church of this
country was kept in operation by the En-
glilh government? it has been already
observed, that no minilter could officiate
in any pariih, until he had been PtcjfAtedby
The venry and indicted by the governor.
When then the race of Engiiih governors
in this country expired, how could the ne
cenafy act OF induction take place! How
then could thischurch "eflabliihed by law"
go on? When the very means, by which
alone the church could be ptrpetuated,
were done away by the revolution, how
could the church be faid to jlr1iqe the re-
v1'aiion That fatement then in the bill
Of complaint is not perfectly compatible
with truths "thst If the act OF 1894 bad not
p71ed, the church would have been carri-
ed on by the appointment of miuifters and
veftries as ufual." For how could it have
been carried on, if, Upon the death of the
iae@Hbenf5, there eyifted no method Of ap-