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and entitled to be supported by of the congregational churches, and the parish. But the act of 4 and the church-wardens of the episco5 of W. and M., which applies to pal churches, are constituted corthe towns and parishes throughout porations, including the minister, the commonwealth, expressly pro- elders, or vestry, where they are vides, that it shall not “abridge named in the original grant, to take the inhabitants of Boston of their in succession all grants and dona. accustomed way and practice as to tions, real or personal, made either the choice and maintenance of their to their several churches, the poor ministers." Each society in this of their churches, or to them and town should, when proceeding to their successors ; and to sue and choose a minister, ascertain and defend in all actions touching the pursue the ancient practice, if it same. But they cannot alienate has followed any one mode in pre- any lands belonging to churches, ference to another, from which it without the consent of the church, is presumed it would be illegal to or of the vestry, where the gift is depart, in respect of the rights, to an episcopal church, which, by the choice and accep 4. Proprietors of Pews. Prior tance, rest in the minister.
to the year 1754, the several conBy a law of the province, passed gregations in Boston could not, by 28 Geo. II. and re-enacted* in part law, raise money for the support of by this commonwealth, Feb. 20. lhe mmistry and publick worship 1786, churches are constituted cor- among them. It was therefore porations to receive donations, to enacted by the same law, that the choose a committee to advise the proprietors of the pews, or the perdeacons in the administration of sons to whom they are allotted in their affairs, to call the church of- the houses of publick worship, ficers to an account, and, if need may, at a publick meeting to be be, to commence and prosecute called for that purpose, cause the any suits touching the same several pews in such houses to be
2. The Minister. The minis- valued according to the conventers of the several protestant ience of their situation ; and new churches, of whatever denomina- valuations to be made from time tion, are made capable of taking, to time, as shall be found necessain succession, any parsonage land ry, and impose a tax on each pew or lands, granted to the minister according to such valuation, proand his successors, or to the use vided it shall not exceed two shilof the ministers, and of suing and lings a week. The monies so defending all actions touching the raised must be applied to the supsame. Bat no alienation by them port of the ministry, and other paof such lands is valid any longer, rochial charges. The proprietors than they shall continue to be min. are authorised to choose a clerk, isters, unless it be with the consent treasurer, and likewise a collector of the town, district, or precinct,... of the assessments. Reference is or, if such ministers are of the made in this act to a committee of episcopal denomination, with the the proprietors, which may, thereconsent of the vestry.
fore, be chosen at such meeting. 3. Deacons and Church-War. These meeungs are to be called dens. By the same act, the deacons by the proprietors' clerk, deacons,
• Prov. Laws, 370. Mass. Laws, 282
Prov. Laws, 37L
or church-wardens, and notice im. This subject has been considered mediately after divine service giv, without reference to the law which en ten days, at least, before the was passed March 4, 1800,t promeeting. In the notice, the pur- viding for the publick worship of pose for which the meeting is to be God, and repealing the laws here. convened, must be specified. tofore made on the subject. The
If any owner of a pew should first section of that law confirms to neglect for three months, after a churches, connected and associated demand made, to pay his assess- in publick worship with towns, parment, his pew may be sold by the ishes, precincts, districts, and other proprietors, who, after deducting bodies politick, being religious so: from the proceeds, the debt and cieties, established according to law and costs, shall return the surplus within this commonwealth, all their to the owner, unless he shall ten accustomed privileges and liberties der the same to the proprietors, or respecting divine worship, churchto their committee, at the last val. order, and discipline. It declares uation. In this case, if they refuse that contracts,made by these bodies .or neglect to accept the same, no with any publick teacher, shall sum shall be deducted out of the have the same force, and be as obsale of the pew, but such only as ligatory on the contracting parties, became due prior to the tender as any other lawful contract, and
The proprietors of the pews are be sustained in the courts of justice. owners of the soil on which the It prescribes the mode, in which meeting-house stands, and are the the monies, paid by the subject to rightful persons to sue and defend the support of publick worship, in all cases respecting the same, shall be applied to the use of the and likewise in all cases respecting teacher of his own denomination. the house.
It provides, that nothing in the act Where the general laws of the shall take from any church or recommonwealth, relating to parish- ligious society in Boston, or any es, apply to the societies in Boston, other town, the right and liberty to they may avail themselves of them. support the publick worship of Because they are general, and God, by a tax on pews, or other contain no exclusive expressions. established mode. And lastly, it Where those laws do not apply, repeals all laws, providing for the they are not obligatory. Parishes settlement of ministers, and the in the country towns are in general support of publick worship, made separated from each other by bounc prior to the adoption of our present dary lines. Where in a town any constitution, except as to the redistrict has been set off into a new covery of fines which had accrued, parish, the remaining part is de and the fulfilment of contracts nominated the “ first parish," and made under them. This act was by an act, passed in the 4 Geo. I.* probably drawn up by some one, all country parishes are invested who was not well acquainted with with the rights and immunities of the ancient laws relative to the bodies corporate, whether they con- subject, for such construction must stitute the original stock, or are be given to this repealing clause, branches from it.
as will very much limit its opera
tion. 1. The rights and privileges likewise preserved, together with which had been vested in the several the rights of the several bodies religious communities, still remain politick, of which they are comin them, by virtue of the first sec- posed. If there is any thing in tion of the law, which amounts to those old laws, as undoubtedly an act of confirmation. Therefore, there is, which is repugnant to the the rights of the churches, to lead provisions of this act, it is repealed. in the election of ministers, and of For it is a rule in the construction other officers, and to maintain or- of a clause in a statute, that it is der and discipline, where they have to be taken with the other parts of been accustomed to exercise and the statute, and to be restrained or enjoy those rights, still remain in enlarged by them, so as to give, if them. 2. The established mode possible, that force and efficacy to in which the societies in Boston the whole, which was intended by have supported publick worship, is the legislature.
For the Anthology.
ACCOUNT OF WESTMINSTER-SCHOOL-OF ITS FOUNDATION, MASTERS,
USHERS, PRESENT METHOD OF INSTRUCTION, EXPENSES OF EDUCATION, &c. &c.
The question of the superiority schools are not only less expen. of private over publick education sive than our present system of has of late been obtruded upon us private education, but the remu. in various shapes, till at lengtlı er- neration to the masters from each ery one has been tired of attend- boy is so small, that I am fearful ing to an argument which no dis. lest some grains of contempt cussion, however frequent, bad ad. should adhere to them, for subvanced nearer to decision; and cach mitting to a drudgery so truly sladetermines it at present accord- vish, for rewards so comparatively ing to his own pre udices, or, if he inadequate. has any children, by a wiser way, That the provision for religious according to the disposition, or education at Westminster-schcol is presumed capacity, of his own far from what has been representboy.
ed, is proved by the late learned The two questions of most im- and venerable master, under whom portance with those resolutely bent the writer of these present obseragainst the method of publick ed- vations is proud to say he himself ucation scem to be, an apprehen- received his education. Facts, unsion for the morals of their chil.. questionable facts, have been subdren, and a dread of the enormity mitted to the publick, who have of the expense. Whatever relates received and judged the question to the former part of this question with such deliberate candour, that should be examined with coolness, little encouragement has been give and, as far as possible, be deter- en to any writer on the contrary mined without leaving behind a side, since it seemed, as it really shadow of doubt ; what respects was, impossible to overturn what the latter, I hope to prove to the was advanced with such cogency satisfaction of any impartial man of argument and strength of testias totally groundless : publick mony.
As I presume it is the object of held by the secular clergy in proyour Magazine to discuss all ques- found detestation ; the laity had tions of general utility, that of ed- lost all respect both for them and ucation must necessarily force it. their institutions, in the notorious self upon you with a kind of pre- profligacy of their characters, and scriptive claim : I shall, therefore, the atrocious enormity of their vi. require of you to submit to your ces. Henry had but this last and readers the following account of fatal blow to give to their patron the most illustrious publick semi- at Rome, at once to tear up by the nary in Great-Britain. I trust it root the most stedfast hold of his will correct some errours irito authority in that kingdom, and which many men of good inten- complete his vengeance to the full. tions have fallen, and give them a Most of them fell without a strugcomplete idea of a system of edu- gle, and with but ineffectual apcation which their ancestors estab- peals for mercy. But to overthrow lished, revered, and supported, an establishment like that of Westfor more than two centuries from minster Abbey, at once so opulent, the present age. The method of so ancient, and so long esteemed instruction is but in a few trifling sacred ; which had to boast kings particulars different from what it for its founders and benefactors, then was. We are compelled to and in whose walls the ceremony a rigid observance of our statutes; of coronation bad for centuries and if we sometimes differ from the been performed, appeared so eviletter, the spirit is universally pre- dently hazardous, that the rapacity served.
of the monarch for once yielded to I confess myself unable to trace the necessity of the case, and it the exact æra in which Westmin- was spared a total dissolution. On ster-school was founded ; that in the surrender of the abbots and the antiquity of its origin it sur monks, the king converted it into passes all other seminaries in G. a cathedral. It did not even long Britain, is universally acknow- retain this form, since the see was ledged ; but as the precise year of dissolved by Edward the Sixth, and its institution has puzzled many an- the college restored ; and, on the tiquaries, I may, at least, be allowed accession of Mary, it again resumto avoid a question so dark and in- ed the name of Westminster Abe tricate. It has been thought coeval bey with some small portion of its with the endowment of St. Peter's original endowments. It is, how. collegiate church, commonly called ever, indebted to Elizabeth for its Westminster Abbey. This was present institution. That princess originally a monastick institution, founded a college, which is the proand is permitted, I believe, to claim per name of the establishment, apfor its first founder, William Rufus. pointed a dean and twelve preben
In the reign of Henry the Eighth, daries, with numerous petty ca. when the rich and overgrown mo- nons, and instituted a school for nasteries presented a tempting bait forty boys, who are called by the to a king,equally covetous and pro- name of king's scholars, and two fuse, the spoil of Westminster Ab- masters. bey, among the rest, did not escape Dr. Henry, in his history of his rapacity. The time was now Great-Britain, has attributed the favourable for the utmost violence foundation of Westminster-school of innovation. The monks were to Henry the Eighth, and certain
ly not with his usual accuracy. form is divided into two parts, the Ingulphus, the famous abbot of under and upper parts ; the boys Crowland, who flourished in the remain six months in each. From time of Edward the Confessor, the under part to the upper part of speaks of his being brought up at a form, the removal is of course ; Westminster-school : this is in- but, when a boy is to pass onward disputable authority of its antiqui- from a lower form to a higher, he ty. In the account, however, is said to " to stand out for his rewhich I propose to give of this move," and is examined as to his illustrious seminary, I do not in- sufficiency by the head master, in tend losing myself in any antiqua- the books which have been read in rian research, but to dwell with, I the form he is about to leave. Eve hope, a pardonable minuteness on ery form has its usher, except the the modern form of its institution, upper third in the lower school, and the present established mode where the under master presides, of its education. I shall therefore and the sixth and seventh in the divide the matter of my considera- upper school, which are under the tion into five heads.--. Of the superintendence of the head masmasters.-2. Of those who are ter. Every boy in the under school called the town boys.-3. Of the pays to the under master three king's scholars.-4. Of the books 'guineas a year, two to the upper read, and the method of instruc- master, and a guinea to the usher tion.-5, and lastly, Of the vaca- of his form. Every boy in the tions and expenses of education at upper school pays five guineas this seminary.
yearly to the upper master, and a This establishment has at pres, guinea to the usher of his form ; ent two masters and six ushers. and, should he leave school in the They are supported partly by the sixth or seventh form, he presents funds of the school, and partly by the master with ten guineas, if a what is paid by the town-boys, the town-boy. A king's scholar, when king's scholars having their edu- he leaves, presents the same sum cation, as far as respects any gra. to the upper master, and half as tuity to the masters, free of all much to the under master; but expense. I should first have pre- this is merely optional, though mised, that, for distinction's sake, never omitted. From these sourthere is an upper and a lower ces the salaries of the two masters school ; there is no separation be- are derived, with what is approtween them otherwise than a priated to them by the funds of the bar, which runs across the mid- establishment. They have both dle of a very large room, in handsome houses belonging to their which all the boys meet togethe office, and are required to give er. From this bar a curtain for their attendance in school every merly depended, as the division day in the week, Sunday excepted; between the two schools, but, at but there is a whole holiday on present, there is no other distinc- every saint's day, and day of partion than that of the forms. There ticular commemoration, and a half are seven forms or classes : The holiday every Tuesday, Thursday, lower school contains three; they and Saturday. It must not, how are as follow : the first or petty, ever, be hastily concluded, that the the second, and the two thirds, both boys are consequently idle from making one form together. A these numerous holidays, the con: