CHA P. XIV.

CONTRACTS OF LABOUK.

OFFICE S

IN many offices, as fchools, fellowships of colleges, profefforfhips of the univerfities, and the like, there is a two-fold contract, one with the founder, and the other with the electors.

The contract with the founder obliges the incumbent of the office to discharge every duty appointed by the charter, ftatutes, deed of gift, or will of the founder; because the endowment was given, and confequently accepted for that purpose, and upon thofe conditions.

The contract with the electors extends this obligation to all duties that have been customarily connected with and reckoned a part of the office, though pot prescribed by the founder: for the electors expect from the perfon they choofe, all the duties which his predeceffors have difcharged, and as the person elected cannot be ignorant of their expectation, if he mean to refuse this condition, he ought to apprise them of his objection.

And here let it be observed that the electors can excuse the confcience of the perfon elected from this last class of duties only; because this clafs refults from a contract, to which the electors and the perfon elected are the only parties. The other clafs of duties refults from a different contract.

It is a queftion of fome magnitude and difficulty, what offices may be confcientiously fupplied by a deputy.

We will ftate the feveral objections to the fubftitution of a deputy; and then it will be understood that a deputy may be allowed in all cases, to which thefe objections do not apply.

An office may not be difcharged by deputy.

1. Where a particular confidence is repofed in the judgment and conduct of the perfon appointed to it; as the office of a fteward, guardian, commander in chief by land or fea.

2. Where the cuftom hinders; as in the case of schoolmafters, tutors, and of commiffions in the arand navy.

my

3. Where the duty cannot from its nature, be fo well performed by a deputy; as the deputy governor of a province may not poffefs the legal authority, or the actual influence of his principal.

4. When fome inconveniency would refult to the fervice in general from the permiffion of deputies in fuch cafes for example, it is probable that military merit would be much difcouraged, if the duties belonging to commiffions in the army were generally allowed to be executed by fubftitutes.

The non-refidence of the parochial clergy, who supply the duty of their benefices by curates, is worthy of a more diftinct confideration. And, in order to draw the queftion upon this cafe to a point, we will fuppofe the officiating curate to discharge every duty, which his principal, were he prefent, would be bound to discharge, and in a manner equally beneficial to the parish; under which circumstances, the only objection to the abfence of the principal, at leaft the only one of the foregoing objections, is the laft.

K

And,

1

And, in my judgment, the force of this ob. jection will be much diminished, if the abfent rector or vicar be, in the mean-time, engaged in any function or employment, of equal importance to the general intereft of religion, or of greater. For the whole revenue of the nati onal church may properly enough be confidered as a common fund for the fupport of the national religion; and, if a clergyman be ferving the caufe of Chriftianity and Proteftantifm, it can make little difference, out of what particular portion of this fund, that is, by the tithes and glebe of what particular parifh his fervice be requited; any more than it can prejudice the king's fervice, that an officer who has fignalized his merit in America, fhould be rewarded with the government of a fort or caftle in Ireland, which he never faw; but for the cuftody of which proper provi fion is made, and care taken.

Upon the principle thus explained, this indulgence is due to none more than to thofe who are occupied in cultivating or communicating religious knowledge, or the fciences fubfidiary to religion.

This way of confidering the revenues of the church, as a common fund for the fame purpose, is the more equitable, as the value of particular preferments bears no proportion to the particular charge or labour.

But when a man draws upon this fund, whose ftudies and employments bear no relation to the object of it; and who is no farther a minifter of the Chriftian religion, than as a cockade makes a foldier, it feems a mifapplication little better than robbery.

And to thofe who have the management of fuch matters I fubmit this question, whether the impoverishment of the fund, by converting the

beft

beft fhare of it into annuities for the gay and illiterate youth of great families, threatens not to ftarve and ftifle the little clerical merit that is left amongst us?

All legal difpenfations from refidence proceed upon the fuppofition, that the abfentee is detained from his living, by fome engagement of equal or of greater public importance. Therefore, if in a cafe, where no fuch reafon can with truth be pleaded, it be faid that this queftion regards a right of property, and that all right of property awaits the difpofition of law; that, therefore, if the law, which gives a man the emoluments of a living, excuse him from refiding upon it, he is excused in confcience; we anfwer, that the law does not excufe him by intention, and that all other excufes are fraudulent.

And, in my judgment, the force of this ob. jection will be much diminished, if the abfent rector or vicar be, in the mean-time, engaged in any function or employment, of equal importance to the general intereft of religion, or of greater. For the whole revenue of the national church may properly enough be confidered as a common fund for the fupport of the nati onal religion; and, if a clergyman be ferving the caufe of Christianity and Proteftantifm, it can make little difference, out of what particular portion of this fund, that is, by the tithes and glebe of what particular parifh his fervice be requited; any more than it can prejudice the king's fervice, that an officer who has fignalized his merit in America, fhould be rewarded with the government of a fort or caftle in Ireland, which he never faw; but for the cuftody of which proper provifion is made, and care taken.

Upon the principle thus explained, this indulgence is due to none more than to those who are occupied in cultivating or communicating religious knowledge, or the fciences fubfidiary to religion.

This way of confidering the revenues of the church, as a common fund for the fame purpose, is the more equitable, as the value of particular preferments bears no proportion to the particular charge or labour.

But when a man draws upon this fund, whose ftudies and employments bear no relation to the object of it; and who is no farther a minifter of the Chriftian religion, than as a cockade makes a foldier, it feems a mifapplication little better than robbery.

And to thofe who have the management of fuch matters I fubmit this question, whether the impoverishment of the fund, by converting the

beft