The Method used for obtaining a Living in Virginia, is for the Party to notify his Intentions of going Abroad to the Bishop of London, to produce sufficient Testimonials of his good Life and Principles, together with his Letters of Orders; which being approved of, he has then a Licence, and Certificate, and Credentials to the Governor, with an Order upon the Treasury for 20 l. for his Passage; and upon his Arrival makes Application for some vacant Parish either to the Governor, to the Parishioners, or to both; upon whose Approbation he is admitted their Minister. But Variety of Disputes have arose from the uncertain Interpretation of the Virginia Laws relating to Livings; and though the Opinion of the best Council has been procured, yet as their Sentiments could not sufficiently settle it, so have they directly contradicted each other. Several of the People insist that they have the Right of Presentation; and on the other hand the Governor has as strenuously contested with them for his Right of Presentation in Behalf of the King; so that several that the Parishes have nominated or elected have been refused; and on the other Side, many appointed and sent by the Governor have been rejected with Disdain, Disappointment, and Ill-Will. These Elections of the People are often disagreeable to the Governor's Choice, and the People on the contrary will refuse whom they say the Governor may impose upon them, though he comes directly recommended from the Bishop; but in my Opinion their Election might be better given up, suppose they had a Right to it, since it often creates such Disturbance; and in Process of Time, who knows but they may elect and insist upon Persons unfit for the Ministry, either for their Learning, Lives, or Doctrines, and not licensed by the Bishop; and may obstinately refuse any such as comes regularly, and is presented to the Living by the Governor.
This Presentation by the Governor, who likewise as Ordinary is to institute and induct, may be termed a Collation; but there of late were not above three or four Rectors thus collated, or instituted and inducted in the whole Colony; because of the Difficulties, Surmises, Disputes, and Jealousies that arise upon such Accounts. But the Clergy standing upon this Footing are liable to great Inconveniency and Danger; for upon any small Difference with the Vestry, they may pretend to assume Authority to turn out such Ministers as thus come in by Agreement with the Vestry, who have often had the Church Doors shut against them, and their Salaries stopped, by the Order and Protection of such Vestry-Men, who erroneously think themselves the Masters of their Parson, and aver, that since they compacted but from Year to Year with him as some have done, they may turn off this their Servant when they will; be without one as long as they please, and chose another, whom and when they shall think most proper and convenient; which Liberty being granted them (I believe) some few would be content rather never to appoint a Minister, than ever to pay his Salary.
Among many Instances of these Kinds of Refusals, Ejectments, and Elections, I shall only instance that of the ingenious Mr. Bagge, who coming to England for Priest's Orders, after he had been Minister of St. Ann's for a long Time, was refused by them upon his Return, when the Governor sent him to his own Parish again; whereas they strenuously stood by Mr. Rainsford, whom they had elected and presented to the Governor. And Mr. Latané, a Gentleman of Learning and Vertue, and well beloved, was almost ejected, nay was shut out of his Church, only upon account of a small Difference and Dispute with some of his Vestry. The main Allegation they had against him was that they could not understand him, (he having a small Tang of the French) tho' they had been hearing him I think upwards of seven Years, without any Complaint of that kind till that very Time.
Governor Spotswood, to his great Honour be it spoken, always stood up for the Right of Collation, and was hearty in Vindication of the Clergy, who, as he professed in a Speech to them, certainly had not only his Protection but also his Affection; so that it is difficult to be determined in which Respect he chiefly excelled, either in being a compleat Gentleman, a polite Scholar, a good Governor, or a true Churchman.
I speak in Behalf of the Right of Presentations belonging to the Crown; because my Reason tells me that it is most equitable and most convenient for the Peace and good Government, and for the Security of the Doctrine and Discipline of the established Church of England.
Many Arguments I know are brought against it, both from apparent Reason and Interest; but all these might easily be confuted by this following Remark.
When Churches were built and endowed, as these in Virginia, by the Laity, with the Leave of the Bishop or Ordinary in antient Times, the Presentations to such Ecclesiastical Benefices were often granted away to the Families that founded such Donations, as Rewards and Encouragements of such pious Liberalities; whereas all other Preferments were invested in the Church: This I take to be the Origin of Lay-Presentations, when Gentlemen reserved this for the Benefit of some of their Posterity or Family, who might receive a Maintenance from their Bounty; which they in Reason ought to do preferable to any others who contributed nothing towards it.
But though the Virginians built and endowed their Churches, yet I never could find that they had made any such Reserve; so that the Right of Presentation must belong to the King their chief Ordinary, who never granted away to them the Title of Donation, but kept it for himself and Heirs; so though he gives them Leave to make Parishes and establish Salaries, yet he still imply'd an Obligation in them to give those Livings to whom he pleases.
This I take to be the Case, and hope I may be excused for delivering my Opinion by any that may entertain different Sentiments.
Be the Right invested in which it will, either in the Crown or in the Country, I am certain that it ought to be determined one way or other; and if it belongs to the People, yet should there be such Regulations made as might make the Livings certain, and the Lives of the Clergy as peaceable as may be.