The expression—Church and State, which is in common use, is apt to mis lead. There was a time when the con nection of Church and State in England was that which it is not now. At present the relationship of the State to the Es tablished Church of England and Irelawl is this. The King is the head of the United Church of England and Ireland,— a notion which is expressed by the term the King's Supremacy. A compound body makes laws for the British Empire, —the King, the House of Lords, and the House of Commons ; and of these three members the two last have no connection as legislative bodies with the Established Church, except so far as the bishops of England and Wales, and certain bishops of Ireland who sit in a certain rotation, have seats in the House of Lords. But the other members of the House of Lords and all the members of the House of Commons may profess any form of Chris tianity that they please. The property of the Church (a phrase also apt to mis lead) is either enjoyed by ecclesiastical 'xxlies, as deans and chapters, or collegiate churches, or it is enjoyed by individuals, as archbishops, bishops, rectors, and vicars. The ecclesiastical patronage, or the right to name those persons who shall enjoy the emolument arising from this property, is either in the Crown, that is, it is exercised by the Lord Chancellor in some cases, and in other cases by the prime minister for the time ; or it is vested in private individuals. The Crown, that is, the minister, appoints to bishoprics and other ecclesiastical dig nities. The Lord Chancellor has the pa tronage of many benefices at his disposal ; and that of a very large number is in the hands of private individuals. The legis lature has of late years interfered with the emoluments attached to bishoprics and ecclesiastical corporations, so as to make a different distribution of the reve nues, but no emoluments have been ap plied to other purposes than purposes ecclesiastical. The legislature has not interfered with the revenues appropri ated to benefices which are in the gift of the crown, at least not by any general measure, nor to those that are in the gift of private individuals. Benefices which belong to private individuals are appropriated to ecclesiastical purposes, and certain services [FRANKALMOIGNE] must be performed by those ecclesiastics who are nominated to such benefices. The right to present to vacant benefices is a kind of property ; and benefices are things that may be bought and sold [An vowsoss], and have so far the character istics of other private property, from which they differ only in this, that the annual proceeds of such benefices can only be enjoyed by ecclesiastical persons, who must perform the services of the Esta blished Church. Tithes are due both to
spiritual persons and in many cases to laymen ; and accordingly they are pro perty. Those tithes, which are due to laymen or civil corporations, are exactly on the footing of any other private pro perty, and so are those which are due to spiritual persons, except that ecclesiastical services must be rendered for them, and they are set apart for the support of ecclesi astics. There can be no interference with this kind of property which would not jus tify any like interference with the pro perty which Roman Catholics and other nonconformists hold for religious purposes. Tithes are often found to be an injurious charge upon lands ; but those who own tithes own them by as good a title as he who owns the land which is charged with them ; and under several recent acts provision is now made for commuting tithes into money payments. If Church Rates were abolished, there would be no reason for any member of the com munity, whether of the Established Church or not, to complain of the Esta blished Church in England and Wales as a grievance, so far as concerns the property from which the revenues of ecclesiastical persons in the Church of England are derived. The case of the Church of Ireland is peculiar, and it is stated in this article.
If persons are allowed to form associa tions for the purposes of religion, which must be allowed in all states where every form of Christianity is allowed to be professed, they must also be allowed to hold property for religious purposes, un less the state pays all the preachers of religion. Whatever restraints, if any, should be put on the acquisition or hold ing of property for religious purposes, ought to be put on all religions bodies alike. That part of the land in England and Wales which is appropriated to the revenues of those ecclesiastics who are appointed by the Crown, must be con sidered as so much property held by the Crown for the purposes of the Church of England ; and those benefices to which private individuals appoint must be con sidered as so much property held by pri vate persons for the same purposes. Any alteration in either of these two kinds of property in England and Wales, by winch any part of it would be applied to other purposes than those to which it is at present applied, does not seem to be recommended by any measure of policy at present ; and if it were, the same rea sons would equally apply to all other property which is held by any person or body of persons in England and Wales, for the purposes of any other form of religion.