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Lib. C. B.
No. 20
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and he was driven to bring Suit on the Sheriff's Bond, but at
length the Vestry gave the Matter up. I have been the fuller
in relating the Circumstances of Whitaker's Case, because as
there were some doubts at the time concerning the Propriety
of the Court's Determination, perhaps they may be applied to
other than the point on which they really arose.
I have understood that the Vestry Claim the Right of
Patronage, contending that the Church was founded at the
Expence of the Parishioners, and endowed in the same man-
ner and that the Vestry as their Representatives are therefore
the Patrons. It is true that it occurs in many of the Treatises
on the Canon Law, and what will have more weight in Co:
Litt: 119: 6. that the Right of Presentation was first gained
by such as were Founders, Benefactors or Maintainers of the
Church Viz. Ratione Fundationis, Donationis, sive Ratione
Fundi, but how, on any of these Grounds, the Vestry can sup-
port their Pretension is not to be well conceived.
By the Charter of the Province the Patronages and Ad-
vowsons of all Churches were expressly granted to Lord Bal-
timore. This Grant, without doubt, did not authorize his Lord-
ship to lay a Tax upon the People for the support of the Clergy,
and the Claims once set up by Mr Henderson, that the Clergy
were intitled to Tithes before the Act, that the Act was only to
be considered as a Modus decimandi, that the Canon Laws in
their full Extent, obtained here, and the Consequences He
drew in Support of the Jurisdiction of the Bishop of London,
and his Authority as his Commissary have been so effectually
exposed, that there is little Danger to the Laity from such
strange Notions. By our Act of Assembly a regular support
of the Clergy has been provided by a Tax upon the People.
They who laid the Tax, without Question, could apply it in
what manner, and upon what Terms they thought fit, how
therefore it shall be applied must depend upon the Will of
those who laid it, and this Will is to be inferred from the
words used to signify it, for as it is clear that a Tax could not
be laid for the purpose without the People's Consent, so is it
clear that it must be applied according to the directions of the
Act, because an assertion, that the application may be different
from the Legislative will, if at all considered, will be found to
be reducible to the absurd Position, that the Tax might be
laid without the Legislative Authority. Laying therefore
aside what is impertinent to the Subject the Consideration of
the Canon or ecclesiastical Law, it will appear, on a little calm
Reflection, that they on whom the Tax is laid must pay it, and
that they and only they to whom the Payment of it is directed
will be intitled to receive it. The Patronages and advowsons of
all Churches, as has been observed, were granted to Lord
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