The case of the clergy of Maryland.

The case of the clergy of Maryland.

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THE CASE OF THE CLERGY of MARYLAND.

To the King's Most Excellent Majesty, The Petition of Jacob Henderson, Clerk, Rector of Queen Anne Parish, in Prince George's County, in Maryland, in behalf of the Clergy of the said Province;

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THE CASE OF THE CLERGY of MARYLAND.

IT appears from the Charter of Maryland, that the Intent of that Grant, was to promote the Interest of the Protestant Religion in that Province: For in the Preamble it is said, ‘That the Proprietor was excited by a laudable and pious Zeal, for the Propagation of the Christian Faith;’ which must be understood of the Faith as professed in the Church of England, because the same Charter lays him under an Obligation, ‘to cause all Churches, Chappels and Oratories, to be dedicated and consecrated according to the Ecclesiastical Laws of the Kingdom of England.’

But so it happened, that no Attempt was made for establishing a Protestant Church or Clergy in that Province, until the Government thereof devolved into the Hands of the Crown, upon the happy Revolution under the glorious Reign of his Majesty King William III. At which time some Acts of Assembly were proposed and passed, for settling the religious Worship of the Church of England, amongst his Majesty's Protestant Subjects in that Colony; but by Reason of some Defects, that appeared in the Draught of the said Acts, they were by the royal Authority repealed; and one other immediately prepared and transmitted to the Governour and Assembly, by Direction of his said late Majesty in Council, which after passing the necessary Forms abroad, received the royal Sanction here in the solemn Manner, set forth in the Petition hereto annexed.

[Page]Thus relying on the Favour and Protection of the Crown, which in that Manner so well secured a reasonable Maintenance for the Clergy; many regular Divines by the pious Care of the Bishops of London from Time to Time were induced to go over and settle in that Province; not in the least apprehending, it was in the Power of any Governour and Assembly to break through so firm an Establishment without the Concurrence of an equal Authority to that which first gave it a Being; viz. the royal Sanction.

Nevertheless so it is, that on the third Day of October, 1728, an Act of Assembly was passed in Maryland, under the Authority of the present Lord Proprietor's Deputy-Governour, whereby the aforesaid solemn Act for the Establishment of the Clergy, is materially altered, and their future Support and Maintenance not only impair'd one fourth Part▪ but the whole rendered precarious and subject to the fluctuating Humour of their popular Assemblies from Year to Year; as will be clearly understood by observing the following Particulars.

I. Whereas, by the first Act so carefully drawn up and afterwards passed into a Law by the royal Assent, the Clergy were intitled to receive, free of all Charge 40 lb. of Tobacco per Poll, on every taxable Person in Maryland, in lieu of Tythes; the late Act directs the said 40 lb. of Tobacco per Poll to be paid in current Money, at ten Shillings per hundred, which is but 7 s. 6 d. Sterl. or in Tobacco three fourths for the whole, at the Election of the Planter: So that when Tobacco rises in Value, the People will chuse to pay the Clergy at an under-rate in Money, and when the Market falls below ten Shillings per hundred, they will pay in Tobacco three fourths for the whole; whereby in all Events, the Clergy must be great Losers by this Act, and have no manner of Chance with their Fellow-Subjects to share in the proposed Benefits of the Act, be what they will.

II. This Uncertainty of the Species in which the Clergy is to be paid their Subsistence, by this Act, is attended with another most grievous Inconveniency, viz. In a Country like Maryland, where for want of a sufficient Currency in ready Cash, the People must deal by Barter, and on Credit for their Cloathing and other Necessaries of Life; if a Clergyman agrees to purchase any thing of the Merchant for Money, perhaps the People, as has been said, will chuse to pay his [Page] Stipend in Tobacco, and then the poor Clergy-man must be at the Will of the Merchant, how much Tobacco he will please to accept of, for the Money due to him; and on the other hand, if an Agreement be made with the Merchant for Tobacco, if then the People happen to chuse to pay that Year in Money, the Merchant will still be at Liberty to set his own Price on that Quantity of Tobacco, which by Agreement was due to him: So that whatever happens, the Clergy must be certain Losers, without a Possibility of shareing in any Advantage or Improvement that can be made in the Tobacco Trade.

III. The Clergy are most grievously oppress'd by the Time limited in this late Act for collecting and paying their Allowance. For the People have to the tenth of April to make their Choice, whether they will pay in Money or Tobacco: and afterwards the Sheriff has to the last of June to make up his Accounts with the Clergy; by which Means it will often happen, that a Clergy-man may serve three Years before he can reap the Benefit of his Labour. For until the first Year is ended (which commonly begins in November) there is nothing due; and if the Sheriff be allowed to keep their Tobacco till the last of June following, the Market will, in all Probability, be over; and the Tobacco lie on their hands until next Year; when if (as it frequently happens) they cannot sell it, it must be shipped home for Great-Britain, and then it will be another Year, before they can expect any Returns. All which the Clergy conceive to be such Hardships, that neither the present Sett, nor any who under these Circumstances, may be unadvisedly induced to succeed them, can possibly subsist or continue in that Province.

It is further to be observed, that some of the Clergy of Maryland petitioned the Honourable Council of that Province against the passing this Act; and the Council having thought fit to enter upon the Back of their Petition, some Reasons for passing it into a Law; it will be necessary for the better Understanding of the whole Matter, to subjoin those Reasons given by the honourable Council in Justification of their Proceedings, with proper Answers on behalf of the Clergy.

I. The honourable Council are pleased to say, that the Income or Provision made for the Clergy is greatly advanced in Quantity, from what it was, when the Act for their Establishment was made.

[Page]II. That the Design of the Legislature in passing this subsequent Act, was not to deprive the Clergy of any Advantages that accrued to them by the former Law: But on the contrary, that their Intention was, by lessening the Quantity of Tobacco hereafter to be made in that Province, to render three fourths of the Clergy's Allowance equal in value, to the whole of what was formerly levied for their Subsistence.

III. That the Wages allowed to the Members of Council and Assembly, the Lawyers Fees, and all Debts due to and from the Inhabitants, are by this Act subject to the like Deductions, with that imposed on the Clergy.

To the first, it is answered on behalf of the Clergy, That when the forty per Poll was settled by the first Act, the Number of People were then so few, that it did scarce any where amount to a Subsistence; wherefore the same Act gave Liberty to the Clergy, to hold two Parishes, with the Consent of the respective Vestries: the Legislature then justly considering, that one Parish in those Days could not be deemed a Competency. But they did not omit to observe as a further Incouragement to the Clergy, that their Income would certainly increase with Time; and it has proved so; tho' there are many Parishes that are not yet a Competency: and no sooner does any Parish swell to any considerable Bulk, but it is immediately dismember'd and divided by Act of Assembly.

Besides, since the making the first Law, and contrary to the Intent of it, an additional Duty or Deduction of five per Cent. out of the forty per Poll, charged for Collection, was put upon the whole Clergy by a subsequent Act, tho' that first Act had provided and directed ‘that the Sheriff should collect the 40 per Poll in the same Manner and by the same Authority, as he did the Publick and County Levies:’ which are paid for by the Country, and given to the several Officers without deducting any Thing for Collection. So far then has the Interest of the Clergy been from being advanc'd, that by this additional Charge for Collection, it was reduced two per Poll; and tho' (as was before said) many Parishes previous to the late Act for deducting one fourth, are not a Competency; there was not one in the whole Province that exceeded a reasonable Subsistence.

But further; the Increase of People in every Parish increases likewise the Minister's Labour and Duty, which (it is [Page] humbly conceived) should in justice increase or add to his Subsistence.

From all which, it is hoped, that it is Evident that the Increase of People under the aforesaid Circumstances, is not a good Reason, for deducting a fourth Part of the Clergy's Subsistence.

To the second Reason suggested by the Council, in support of the Act, it is answered in behalf of the Clergy; That supposing this Act had the pretended or designed Effect, i. e. by lessening the Quantity of Tobacco, to raise it in Value, perhaps to twenty Shillings a Hundred; yet the Clergy can be no Gainers, but great Sufferers, since the People are in that Case by the Act left at liberty to pay the Clergy in current Money at ten Shillings a Hundred. On the other hand, if (as most People think) the Act will not lessen the Quantity, and consequently not raise the Value of Tobacco, it cannot be assigned with any colour of Justice, as a good Reason that the Clergy must be paid in Tobacco, three fourths for the whole. Such a strange and unhappy Dilemma has this Act put the Clergy under!

But still, supposing this Act should lessen the Quantity of Tobacco, the less Quantity of that, the People are limited to, th [...] more they will make of other Commodities; which will compensate their Deficiencies in Tobacco. And it is humbly conceived, that the lessening only the Quantity of one Commodity, when the People are at liberty of making as much a [...] they can of all others, to any Share whereof, the Clergy hav [...] no legal Pretence, cannot be a good Reason for deducting [...] fourth Part of the Clergy's Subsistence.

To the third and last Reason suggested by the Council o [...] Maryland, in Support of this Act, it is answered on behalf [...] the Clergy; That their Circumstances, with respect to world [...] Interest or Gain, is vastly different from that of any other Se [...] of Men in that Province; for all other Persons, of what Imployment soever, are at liberty to pursue Gain, by turnin [...] their Effects into some Sort of Merchandize or Traffick, b [...] the Clergy are wholly confined from sharing in any Advantage of that Kind; first, by their Education and Character, an [...] secondly, by the Extensiveness of their Cures, which requi [...] continual Application and Industry.

[Page]It is probable, that the Lawyers and others who are well acquainted with the Course of Trade and Business, may gain more than they lose by the Act; but the poor and unimprovable Allowance that is given for the Maintenance of the Clergy, puts them on no Equality with other People; their whole Dependance being on the Established Maintenance, so that whatever is taken from them, does so far deprive them of the Necessaries of Life.

It is therefore humbly hoped, that when this Act comes to be deliberately considered by the Lords of his Majesty's most Honourable Privy-Council, in their Committee for Plantation-Affairs, they will for the Reasons here offered, be pleased to move his most Excellent Majesty to cause the said Act to be repealed, with such proper and permanent Instructions, to the Governour and Council of the said Province for the time being, as may re-establish the Clergy in their former Rights so graciously conferr'd on them by the Crown, and effectually prevent Incroachments of the like, or any other nature, for the Future.

To the King's Most Excellent Majesty, The Petition of Jacob Henderson, Clerk, Rector of Queen Anne Parish, in Prince George's County, in Maryland, in behalf of the Clergy of the said Province;

Most humbly sheweth,

THAT in the most Auspicious Reign of his late Majesty King William the Third, of Blessed Memory, when the particular Government of the Province of Maryland, in North-America, devolved into the hands of the Crown, there were divers Acts transmitted from thence, relating to the Establishment of Religion, which by reason of several Defects found therein, were at that time repealed.

[Page]That his said late Majesty, nevertheless, out of his gre [...] Zeal and pious Inclination to promote the Protestant Religio [...] among his Subjects in that distant Part of his Dominions was pleased to give Directions to the Right Honourable the Lords Commissioners of Trade and Plantations, to prepare [...] new Draught of a Bill to the same purpose, agreeable to th [...] Toleration allowed in England.

That such a Bill drawn up by their Lordships, accordingly was laid before his Majesty, who, upon a Petition of som [...] of the People called Quakers, in behalf of their Brethren i [...] Maryland, was graciously pleased to hear the said Quakers by their Counsel, against the Draught of the said Bill, and also to consider the Reasons which were offered for it.

That on mature Deliberation and due Consideration had [...] the whole Matter, his Majesty by his Order in Council of th [...] fifth of June, 1701, was pleased to direct that the said Draugh [...] should be sent to the Governour of Maryland, to be offer'd to the General Assembly there at their next Meeting, as a proper Bill to be passed into a Law of that Province.

That on the 25th Day of March, 1702, the same was passed into an Act of Assembly in Maryland accordingly, and afterwards transmitted to the Lords of Trade and Plantations, who thought fit to lay it before her late Majesty Queen Anne for he [...] Royal Approbation, and her Majesty was graciously pleased in Council to declare the same to be finally enacted, ratified and confirmed.

That the said Act so advisedly and solemnly passed, wa [...] immediately printed at London, for the incouragement of Clergymen to go over into that Province; the Parishes there were soon filled, and the Vacancies from time to time continually supplied by the pious Care of the Bishop of London ever since.

That the Clergy of Maryland thus relying on the Publick Faith of that Province, but more especially on the gracious Favour and Protection of your Sacred Majesty, and your Royal Predecessors, have been induced to make some poor Settlements for the needful Subsistence of their Families, in a Country where the Duty of their sacred Function led them to spend their Lives.

That, notwithstanding these just and reasonable Incouragements, the whole Body of your Majesty's Loyal and Dutiful Clergy in Maryland, find themselves at this time most grievously oppressed, by the Tenor of a certain Act of Assembly passed in [Page] that Province, the third Day of October, 1728, Intituled, An Act for Improving the Staple of Tobacco, whereby a fourth Part of what was granted and established for the Support and Maintenance of the Clergy, by the before recited solemn Act, is cut off, and the remaining three Parts of their Subsistence rendred precarious, by being subject to the fluctuating Humour of a popular Assembly, from Year to Year, especially in a Country where both the Papists and Dissenters from the Form and Discipline of the Church of England have a considerable Influence.

That though the Clergy humbly conceive, they have just cause to believe that no Act in any Colony of America, but especially in a Proprietary Government, can operate, so as to repeal or alter any substantial Part of a former Law in the same Province unto which the Crown appears to have been a Party, without your Majesty's Royal Assent; and, although your Dutiful Clergy of Maryland are firmly persuaded that your Sacred Majesty cannot be induced to approve of a Law which evidently destroys the former Bounty and pious Intentions of the Crown, towards promoting and establishing the wholesome Doctrine and Worship of the Church of England in America: Yet as these matters seem in this Case to depend on the Explication of certain Rights contained in the Lord Proprietary of Maryland's Charter, which does not so well become the Clergy under his Lordship's Government, to meddle with, or dispute:

Your Petitioner therefore in behalf of the Clergy aforesaid, does humbly Pray your Most Sacred Majesty, That in your Royal Wisdom and Justice, you will be graciously pleased to order this matter to be examined; whereby, not only your Majesty's Royal Prerogative, but also the just Rights of the whole Body of your Majesty's most Loyal and Obedient Clergy may be ascertain'd and maintain'd.

And your Petitioner, as in Duty bound, will ever Pray.

FINIS.

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Title statement

The case of the clergy of Maryland.

Henderson, Jacob, ca. 1681-1751.

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2005-12.

ID [DLPS]

N30074

ID [TCP]

N30074

ID [STC]

Shipton 39950

ID [NOTIS]

APV5310

ID [IMAGE-SET]

39950

ID [EVANS-CITATION]

99000664

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Early American Imprints, 1639-1800 ; no. 39950.

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(Evans-TCP ; no. N30074)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 39950)

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Source

— The case of the clergy of Maryland., Henderson, Jacob, ca. 1681-1751..

Extent

8 p.

Printed by William Parks?,. [Annapolis? :: 1730?]. (Caption title.) (Attributed to Jacob Henderson by Bristol.) (Imprint suggested by Bristol.) ("To the King's Most Excellent Majesty, the petition of Jacob Henderson, clerk, Rector of Queen Anne Parish, in Prince George's County, in Maryland, in behalf of the clergy of the said province ..."--p. 6-8.)

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