king, one of its integral parts, was gone; secondly, because incorporated religious societies were contrary to the sixteenth article of the bill of rights; and, thirdly, because the profits of the glebes were emoluments, which were forbidden by the fourth article.

It was answered, that neither of these positions was

true.

First, the king never was an integral part of the established church, even in England; but, if he were, then a society is not destroyed by the removal of one of its parts, provided enough be left to carry on its operations.

Secondly, the sixteenth article of the bill of rights relates simply to the rights of conscience, and the mutual charities due from man to man.*

Thirdly, the fourth article does not relate to property at all, but to emoluments and privileges subsequently to be created in favour of the great officers of government; and refers to magistrates, legislators, and judges only.

Upon the second argument, Judges Carrington and Lyons still retained their former opinion, Judge Tucker concurred in opinion with Judge Roane that the act of 1802 was constitutional, and that the glebes might be sold; while Judge Fleming, who was known to agree with Judges Carrington and Lyons, still declined, for the reason before given, to sit in the case. Thus the court was equally divided; and, of course, the decree below, from which an appeal had been taken, was affirmed; though it has never yet been determined by a majority of the court of appeals in Virginia, that the law of 1802 is constitutional.

The article is in these words :-"That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence, and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity towards each other."

CHAPTER XIII.

1805-1816.

Convention of 1805-An assistant Bishop proposed-Itinerating Clergy recommended-Suspension of Conventions-Death of Bishop Madison -Election of Dr. Bracken to the Episcopate-He declines-Utter Prostration of a part of the Church-First dawn of Improvement in her Prospects-Election of Bishop Moore to the Episcopate-Clergy not more numerous than they were about Two Hundred Years before-Revival of the Church-Zeal and Labours of the Bishop and Clergy-Bequest to the Church-Discipline of the Laity-A number of new Churches built -Old ones repaired-Difficulties arising from the Bishop's being a Parish Minister-Theological Education.

THE Convention of 1805 opened with an attendance of fifteen clergymen and sixteen laymen; and when it is remembered that the posture of affairs was now such as put in peril everything to which the church had a claim, and therefore made a loud call upon Episcopalians to come to her aid with their counsels, we are constrained to consider the limited number of attendants upon the convention as evidence, that in the minds of Churchmen generally the further prosecution of their cause was deemed useless.

Such, however, was not the sentiment of the few who did assemble. Though feeble in numbers, they were yet resolute in purpose; and considering the great question of the title to the glebes as yet undecided, they did not fail to put upon their records a solemn protest against the law of 1802 as being unconstitutional, and unanimously resolved that the bishop and standing committee should be authorized and requested "to pursue to the end" the defence of the rights. and property of the church. They called also upon every parish to send its contribution towards a fund for the pur

pose of defraying any and all expenses which might be incurred in carrying into effect their resolution; and that the precise condition of every portion of the property in dispute might be well understood, they required of the visiters to report without delay to the bishop and standing committee the name of every parish, and of every incumbent of a parish within their respective districts, what glebes had been sold under the law of 1802, and what were then in litigation.

Having thus disposed of the most important matter before them, they next directed their attention to the more effectual government of the church; both clergy and laity were laid under more restraints than were common in practice, and to a disciplined layman was allowed the right of appeal to the convention from the sentence of his minister and vestrymen.

Bishop Madison began now to feel the weight of years and incessant occupation. He was verging towards threescore, and in addition to the anxieties created by the condition of the church, as exhibited in our previous pages, he was also burdened with the cares of William and Mary College, of which he still continued to be the head. Urging therefore upon the convention the feebleness of a failing body, he asked that an assistant bishop might be appointed to aid him in the discharge of his duties. The convention resolved that it was expedient to appoint such an officer, but postponed the nomination of him until the next convention. This, it is believed, is the first instance in the history of the American Episcopal church in which mention is made of assistant bishops.

There was one other measure brought before the convention of 1805, which, according to the disposition of different minds, may be deemed an exhibition of commendable zeal, or a stroke of calculating policy. Many of the parishes were without pastors; it was therefore determined that they should be supplied by itinerating minis

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ters, to be selected by the bishop and standing committee, and to be paid out of a fund to be raised by general subscription in the churches. It is not improbable, that in a newly settled country, where the population is scattered, and society can scarcely be said to be organized, the system of itinerancy may be advantageously resorted to for a time at least; and even in older countries, when the destitution of clergymen has become great, it may be highly expedient to introduce the same system; it is in fact but a primitive species of missionary labour, and we know it to have been often blessed in its results. There was doubtless in Virginia a necessity for more ministerial labours than could be had, and the measure adopted by the convention may therefore have been prompted by zeal alone; but inasmuch as many of the parishes possessed glebes, which, under the law of 1802, were liable to be sold in all cases where there was no incumbent, the expedient of itinerating ministers, who periodically should visit destitute parishes, may by some be uncharitably supposed to have been a scheme intended merely to furnish the parishes with ministers. far at least as might be necessary to prevent the sale o. .heir property. A more probable and kind conjecture is, that there were exhibited such beneficial results in the adoption of an itinerating ministry by the Methodists, that Churchmen were taught wisdom by their example.

The subject of an assistant bishop did not again come under consideration; indeed, the depressed condition of the church was such, that there was no conventional meeting before which it could be brought; for it is believed that from the period now under consideration up to the year 1812, no convention assembled in Virginia. It was the dark day of the church, Bishop Madison was gradually sinking under the com

copal anxieties, and degree at least, to that d on the minds of so mar

ght of college cares and s to have yielded, in some pair which had already settled Churchmen. The rest of the

clergy, greatly diminished however in numbers, still continued to officiate, and occasionally some one among them, in whose case some peculiarity of circumstance was supposed to exist, which exempted it from the ordinary application of the law for the sale of the glebes, ventured to assert his right by an appeal to the tribunals of the country; and sometimes such an appeal was not without success. With the exception of such occasional claims on the part of the clergy, the evidence is nearly uniform, that all hope of raising the church from the dust had been well nigh abandoned by Episcopalians.

The death of Bishop Madison, which occurred on the sixth of March, 1812, was the first circumstance which interrupted this state of stagnation, and compelled the church once more to assemble in convention. Thirteen clergymen and twelve laymen accordingly met in Richmond, about two months after the death of the bishop; and among the names of the clergy is to be found that of one, who, descended from one of the best families of Virginia, and then a very young man, but just ordained, had presented the example, rare enough at that day, of relinqshing the prospects which wealth and family influence light have opened before him, and of devoting himself to the ministry in the church of his fathers. That gentleman is now the assistant bishop of Virginia, and is thus mentioned because he was one of those who were most active in the resuscitation of the church in his native state.

One of the most important measures of this convention was the election of a successor to Bishop Madison. The choice of the convention fell upon the Rev. Doctor Bracken, by an almost unanimous vote. If additional evidence were needed of the almost entire rui f the church, it might be gathered from another aci o oonvention. The number of members required by ca to form a quorum was teen; and the number necry to adopt any canon was twenty-five. Under this la of the church, it may well be