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social system as the standard by which of or averse to the cultivation of the soil, the civilization of other countries must be with no principles of civil government mcasired, and they assume as a funda or recognition of private property, and mental principle, that in countries where little if any knowledge of the simplest there is no individual property in land, and form of religion, or even of the existence where the land is not cultivated, there is of a Supreme being;" he adds, that "it no civilization, and that they may there is impossible to admit, on the part of a fore seize it. This assumption is true, population thus situated, any rights in if we measure civilization by the rule the soil which should be permitted to here laid down, for on individual owner interfere with the subjugation by Ership of land, and the cultivation of land, ropeans of the vast wilderness over which the whole European system rests. Whe- they are scattered ; and all that can be ther land might be advantageously culti- required by justice, sanctioned by policy, vated in common, and the institution of or recommended by humanity, is to eaprivate property in land might be abo- | deavour, as civilization and cultivation sished, is another question, which however | extend, to embrace the aborigines within has not yet been satisfactorily resolved, their pale, to diffuse religious knowledge and cannot be resolved without destroy- among them, to induce them, if possible, ing the present social systems of Europe. to adopt more settled means of providing
A recent committee of the House of | for their subsistence, and to afford then Commons, appointed to inquire into the the means of doing so, if so disposed, by state of New Zealand, have put forth the an adequate reservation of lands within following doctrine :-“ The uncivilized the limits of cultivation.” The principles inhabitants of any country have but a laid down by Lord Stanley are those qualified dominion over it, or a right which the civilized nations of Europe of occupancy only, and until they esta have long acted on, sometimes temp-ring blish amongst themselves a settled form their conquests of uncivilized nations of government, and subjngate the ground with mercy and humanity, and some to their own uses by the cultivation of it, times treating them as if they were they cannot grant to individuals, not of merely wild beasts that infesied the their own tribe, any portion of it, for the country. The foundations on which simple reason that they have not them even Lord Stanley places the justificaselves any individual property in it.” |tion of European occupation are This is not very precise language, but stated with much precision. The real one may collect what it means. Lord foundations are, the enterprising spirit of Stanley, in a despatch to the governor of Europeans; the pressure of difficulties at New Zealand, dated 13th August, 1841, home, which drive men abroad , the ne says, “ With respect to this doctrine, I am cessity of possessing land in their new not sure that, were the question one of country, as the basis of that edifice of mere theory, I should be prepared to civilization which they propose to erect subscribe, unhesitatingly and without re- after the model of the mother counserve, to the fundamental assumption of try; and the power to take from those the committee; and I am sure that it who are too feeble to resist. Europeans would reqnire considerable qualification admit, and the admission is contained as applicable to the aborigines of New by implication in Lord Stanky's reZealand. There are many gradations of marks, that the nearer 1 nation's social "uncivilized inhabitants,' and practically system approaches to their own, the safer according to their state of civilization should it be against unprovoked aggres. must be the extent of the rights which sion ; but they contend, as Lord Stanley they can be allowed to claiin, whenever does, that the same self-restraint will not the territory on which they reside is oc- and ought not to be practised in those cupied by civilized communities." After cases where the social system, or the describing the “aborigines of New Hol- mode of life, is altogether opposed to land” as far below " the New Zealanders those fundamental principles on which in civilization, and being wholly ignorant | European society is constituted.
CLARENDON, THE CONSTITU. each supposed to have received a peculiar TIONS OF, were certain declaratory or- spiritual grace by devolution from the dinances agreed to at a general council of apostles and from the founder of Christhe nobility and prelates assembled by tianity himself, soon formed a distinct Henry II. at his palace or manor of Cia- body of men whom it was convenient to rendon, in Wiltshire, in the year 1164. distinguish by some particular appellaThese ordinances were sixteen in number, tion, and were intended to define the limits be In Christian nations the distinction has tween civil and ecclesiastical jurisdietions, been usually recognised by the state, who to prevent the further encroachments of have allowed certain privileges or exthe clergy, and to abolish the abuses which emptions to the clergy. No inconsiderhad arisen from the gradual and increase able share of temporal power, extending ing usurpations of the pope. (Howell's not only over the members of their own State Trials, vol, ii. p. 546.)
body, but over the laity, has in most CLEARING-HOUSE. [BANK, P. states been conceded to them. In the 273.]
old German confederation the sovereign CLERGY, a collective term, under power in some of the states was vested in which that portion of the population of a ecclesiasties; while at Rome there has country is comprehended who are in holy been for many ages an elective head, in orders. It is used in contradistinction to whom all temporal and spiritnal authority laity, which comprehends all other per- over the states of the church has been
Like most ecclesiastical terms, it vested. is of Greek origin, the word kampirós It is easy to account for the ascendency (cléricus) having been used in the sense of the clergy in the middle ages, and of “ appertaining to spiritual persons” by their acquisition of power. They were the Greek ecclesiastical writers. From the best instructed part of the population. clericus comes the word clerk, which is The learning of the age was almost exstill a law-term used to designate clergy. clusively theirs ; and knowledge is a men, but which appears autiently not to means of obtaining power. Beside this have been confined to persons actually in they had the means of working upon the holy orders, but to have been applied to ruder minds of the laity, in the power persons possessed of a certain amount of vested in them alone of administering the learning
sacraments of the church, and of reguThe distinction of clergy and laity in lating under what circumstances those the Christian church may be considered sacraments ought to be administered. as coeval with the existence of the church This enabled them to win acquiescence itself; for in the apostolic period there in any favourite design, sometimes by vere officers in the church specially ap- gentle influences and sometimes by terror. pointed to discharge the duties of pastors The history of almost every country or deacons, and even, as many suppose, of modern Europe presents instances of bishops or overseers, who had the super- struggles between the laity and the clergy intendence of various inferior officers. for power or privilege. All power in These persons, though they might not the clergy of England to erect an authoperhaps be entirely relieved from the rity dangerous to the laity, or to secure ordinary duties of life, so that they might to themselves political immunities or pridevote themselves exclusively to their vileges inconsistent with the general sacred office, yet must necessarily have good, was broken at the Reformation. been nearly so, and it is certain that they The clergy of England then became a were nominated to their offices by some fragment of a once great and well dispeculiar forms. Very early however the ciplined body dispersed through the distinction became complete. The bi- whole of Christendom, which, when shops, priests, and deacons of the Chris- acting with common effort, and putting tian church, each ordained to the office forth all its strength, it had been difficult in a manner which it was believed the for any single temporal prince to resist founders of Christianity appointed, and with effect.
The clergy were before the Reform- who filled the office of lord high chanation in England divided into regu- cellor was Bishop Williams, from 1621 lar and secular. The regular clergy to 1625 [CHANCELLOR, p. 480]; and the were the religious orders who lived under last who acted publicly in a diplomatie some religious rule (regula), such as capacity was the Bishop of Bristol, at abbots and monks. The secular clergy Utrecht, when the treaty of 1713 was were those who did not live under a re- negotiated. In 1831 a parliamentary ligious rule, but had the care of souls, as paper was issued (No. 39), which showed bishops and priests. The phrase the clergy the number of clergymen in the commisnow means in the English and Irish esta- sion of the peace in England. In many blished church all persons who are in holy counties the proportion of clergymen was orders. The privileges which the law one-third of the whole number of jus. of England allows to the clergy are but tices ; in several counties above onea faint shadow of the privileges which half; in Derbyshire and Sussex there they enjoyed before the Reformation.
was not one clergyman in the commisA clergyman cannot be compelled to sion, and in Kent only two. Lord-lieuserve on a jury, or to appear at a court tenants have in some cases made it a rule leet or view of frankpledge. He cannot not to recommend clergymen to the lord be compelled to serve the office of bailiff chancellor. This is in strict accordance reeve, constable, or the like. He is pri- with some of the old constitutions, which vileged from arrest in civil suits while were founded on the principle that clergyengaged in divine service, and while men should not be entangled with temgoing to or returning from it; and it is a poral affairs. misdemeanour to arrest him while he By 21 Henry VIII. c. 13, the clergy is so engaged. (5 Geo. IV. c. 31, s. 23.) were forbidden to farm lands, or to buy He is exempted from paying toll at turn- any cattle or merchandise to sell for propike-gates, when going to or returning fit; but if their glebe-lands were insufffroin his parochial duty. He could claim cient, they might farm more, in order to benefit of clergy more than once. [BENE- maintain their families, and might buy FIT OF CLERGY.] The clergy cannot now cattle to obtain manure. By 57 Geo. III. sit in the House of Commons. This was c. 99, they were permitted, with consent formerly a doubtful point, but it was set of the bishop of the diocese, to farm lands tled by 41 Geo. III. C. 63, which enacted to the extent of eighty acres for a term not that “no person having been ordained to exceeding seven years. the office of priest or deacon, or being a The act which now applies to farming minister of the Church of Scotland, is and trafficking by the clergy is the 1 & 2 capable of being elected ;” and that if he Vict. c. 106, which consolidated former should sit or vote, he is liable to forfeit | acts on this subject : its provisions do not 5001. for each day, to any one who may extend to Ireland. The term “spiritual sue for it. The Roman Catholic clergy persons” includes persons “ licensed or are excluded, by 10 Geo. IV. c. 7, § 9. Otherwise allowed to perform the duties (May's Parliament, p. 27.)
of any ecclesiastical office whatever." The old ecclesiastical constitutions pro- The clause (§ 28) which relates to farmhibited clergymen acting as judges in ing is substantially the same as in 57 causes of life and death ; but there was Geo. III. c. 99. usually a clause saving the privilege of the The clause (§ 29) respecting spiritual king to employ whom he thought proper persons engaging in trade, or buying to in any way, and the prohibition was there sell again for profit, enacts that it shall fore of little practical effect. The bishops, not be lawful for such persons to engage however, do not at the present day vote in in or carry on any trade or dealing for the House of Lords in any case of life gain or profit, or to deal in any goods, or death. [Bishop, p. 376.] Ecclesiasti- wares, or merchandise, unless in any case cal persons have sat as chief justices of the in which such trading or dealing shall King's Bench in former times. (Blacks. have been or shall be carried on by or oa Comm. c. 17.) The last ecclesiastic I behalf of any number of partners exceed.
ing the number of six, or in any case in for any buying or selling again for gain which any trade or dealing, or any share or profit, of any cattle or com or other in any trade or dealing, shall have de articles necessary or convenient to be volved or shall devolve upon any spiri- bought, sold, kept, or maintained by any tual person or upon any other person for spiritual person, or any other person for him or to his use, under or by virtue of him or to his use, for the occupation, maany devise, bequest, inheritance, intestacy, nuring, improving, pasturage, or profit of settlement, marriage, bankruptcy, or in- any glebe, demesne lands, or other lands solvency; but in none of the foregoing or hereditaments which may be lawfully excepted cases shall it be lawful for such held and occupied, possessed, or enjoyed spiritual person to act as a director or by such spiritual person, or any other for managing partner, or to carry on such him or to his use; or for selling any trade or dealing as aforesaid in person.” minerals, the produce of mines situated
Spiritual persons holding benefices could on his own lands; so nevertheless that not legally become members of a joint- no such spiritual person shall buy or stock banking company before the pass- sell any cattle or corn, or other articles ing of a short act, i Vict. c. 10, which as aforesaid, in person in any market, enacted that no association or co-partner- fair, or place of public sale.". ship or contract should be void by reason Under $ 31 of the act the bishop of the only of spiritual persons being members diocese might suspend a spiritual person thereof; and the principle of the act is for illegally trading, and for the third now adopted in 1 & 2 Vict. c. 106. offence such person might be deprived;
It is enacted in $ 30 of 1 & 2 Vict. c. but proceedings for this offence would 106, “ That nothing hereinbefore con now be regulated by 3 & 4 Vict. c. 86. tained shall subject to any penalty or This act (3 & 4 Vict. c. 86, commonly forfeiture any spiritual person for keep- called the Church Discipline Act) was ing a school or seminary, or acting as a passed in 1840, “ for better enforcing schoolmaster or tutor or instructor, or Church Discipline,” and it repeals the being in any manner concerned or en old statute (i Henry VII. c. 4) under gaged in giving instruction or education which bishops were enabled to proceed for profit or reward, or for buying or against their clergy and sentence them selling or doing any other thing in rela to imprisonment. Before this act was tion to the management of any such passed, the mode of procedure against school, seminary, or employment, or to spiritual persons for ecclesiastical offences any spiritual person whatever, for the was “ by articles in the diocesan or pecubuying of any goods, wares, or merchan- liar court, or by letters of request to the dise, or articles of any description, which court of the metropolitan.” (Phillishall without fraud be bought with intent more's Burn, iii. 365.) Dr. Phillimore at the buying thereof to be used by the states, that “ any person, it has been held, spiritual person buying the same for his may prosecute a clergyman for neglect of family or in his household; and after the his clerical duty.” The 3 & 4 Vict. c. 86, buying of any such goods, wares, or mer- enacts, “ that no criminal suit or proceedchandises, or articles, selling the same ing against a clerk in holy orders of the again or any parts thereof, which such United Church of England and Ireland, person may not want or choose to keep, for any offence against the laws ecclesiasalthough the same shall be sold at an tical, shall be instituted in any ecclesiasadvanced price beyond that which may tical court otherwise than is hereinbefore have been given for the same; or for enacted or provided,” nor in any other disposing of any books or other works to mode than that pointed out by the act or by means of any bookseller or pub- (§ 3). The act provides,“ that in every lisher; or for being a manager, director, case of any clerk in holy orders in the partner, or shareholder, in any benefit United Church of England and Ireland, society, or fire or life assurance society, who may be charged with any offence by whatever name or designation such against the laws ecclesiastical, or consociety may have been constituted; or cerning whom there may exist scandal