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become stipendiaries; and that after the death of the existing incumbents they should have right only to a stipend of £550 a year, it being then somewhat more than £600 a year. He also recommended that exemp tion in favour of the legal profession should be abolished. Notwithstanding this, nothing more was done till 1851, when there was the Report of a Select Committee of the House; and the Report pointed to the reduction of the Ministers from eighteen to fifteen, and recommended that there should be a fund created for the payment of the Ministers, of which £2.200 should consist of the Annuity Tax. The Annuity Tax was therefore adhered to. Several attempts were made to settle the matter, and in 1860 the hon. Member for Edinburgh (Mr. Moncreiff) introduced a measure for the purpose of bringing it to a termination; and he proposed that the exemption in favour of the legal classes should be abolished. The result would, of course, be that there would be a large addition to the proceeds of the tax; and he proposed further that the tax should be continued in order to accumulate a fund which should be sufficient at the end of fifteen years to put an end to the tax altogether. That was a proposition which I regret exceedingly was not carried into effect; because the result would have been that by this time we should have been more than half through the period, and we should have been able to see a prospect of the complete termination of the tax. But the Lord Provost of the day addressed a letter to the hon. and learned Member, who held the office which I have now the honour to hold, suggesting that the Bill would give no relief to the parties aggrieved, and that it would be much better to reduce the amount of the tax, so that there should be a sensible relief given to the people. My hon. and learned Friend was reluctant to adopt this course, but it was pressed upon him by the authorities; and there is no doubt that it was a principle which was not combated by one individual at that stage of the proceedings namely, that a certain portion of the Annuity Tax should be retained. Unfortunately, a discussion arose on the part of some persons who objected to the kind of security which was to be given, and to some other matters which I do not think affected the question of principle. Well, my hon. and learned Friend thought proper to proceed with the Bill, which proposed to go further than the recommenda

tions of the Select Committee and those of Sir John Lefevre, in not only proposing to abolish Collegiate charges, but to take away the ministers from two of the churches of the Old Town, which was very distasteful to the ministers of the town of Edinburgh. But, at the same time, looking upon it as a Bill which would bring about the settlement of a long-vexed question, the result was, that these ministers did not oppose the measure, and it was passed. There were certain advantages attending the measure. The condition of the payment to ministers since the passing of the Bill of 1860 was this-A bond was granted by the city of Edinburgh over their property for an annuity of £4,200 in perpetuity. That was secured on the property of the town, which was a security that, being considered in all other cases to be a very good one, was offered to the ministers. This bond constituted the security, and the town was empowered to impose a tax for the purpose of relieving itself from the payment of the bond. No doubt it was a substitution for the Annuity Tax, which was not to be levied as such; and it was thought that it would relieve the scruples of those who objected to pay it as an Annuity Tax that it should be paid in the same way as the police tax. Further, the ministers were entitled to the seat-rents, which amounted to about £3,000 a year, There were certain burdens upon this sum-namely, the repair of the churches, The people were relieved of church rates, and the Ecclesiastical Commissioners undertook to make payment for all the repairs of the churches. It was hoped that the result of passing that Bill would have been to have put an end to all further agitation upon the subject; but the arrangements proposed were not altogether agreeable to the Church in Edinburgh, because it was thought a great grievance that some of its ministers should be taken away. The result has been thisThe property of Edinburgh has for many years been increasing year by year, and if the ministers had continued to be entitled to the whole of the proceeds of the Annuity Tax, or even if they had remained stipendiaries, they would be realizing incomes of from £800 to £1,000 a year; but instead of that they consented to restrict their stipends to £600 a year, and ultimately to £550. There was also this great advantage accruing to the citizens, that the professional classes, in order to conciliate the general public, agreed to forego the exemption to which they had been up to

support of this clergyman? The proposal is to give him the seat-rents; but in the Canongate, which is a very poor district, the seat-rents do not amount to more than £16 or £18, and any further provision for the minister must be made by those inhabitants of the Canongate who are able and willing to pay.

MR. M'LAREN: I beg to explain that that is not so. The Canongate minister is not to depend upon the seat-rents in his

amalgamated with the seat-rents of the city churches. The Canongate seat-rents and the city seat-rents, with the income from the other accumulated funds, would give the minister of the Canongate £250.

that time entitled, and to render themselves | Annuity Tax for a stipend of £250. What liable to the tax; so that, for six years is the provision made in this Bill for the previous to the introduction of this Bill, the professional gentlemen who had before been exempt have contributed towards the support of the clergy, thus relieving the general public from a burden which would otherwise have fallen upon it exclusively. Therefore the House will observe that the clergy abated a large amount of the legal claim; and the professional classes subjected themselves, for the first time, to the payment of the Annuity Tax, and continued to pay it from that time to the pre-own church, but those seat rents are to be sent. Matters went on in this way down to 1866, when application was made to the House to appoint a Select Committee to report upon the subject. That Committee took evidence, but made no Report, not considering it necessary to do so. In 1866, my hon. Friend the Member for Edinburgh (Mr. M'Laren) introduced a similar Bill to the present-indeed it was almost precisely the same as the present. It was proposed that it should be read a second time at the end of February last year; and on the second reading it was rejected by a considerable majority. In the month of May one of the ministers of the Canongate died. The Canongate is under a separate municipal government, and was not included in the Bill of 1860, so that the inhabitants of the Canongate were subject to the grievance of having still to pay 10d. in the pound down to last year, while those of Edinburgh only paid 3d. in the pound, which certainly is a very considerable reduction. As soon as one of the ministers of the Canongate died, it was brought under the notice of the Government, who considered it right that the Canongate should be placed in the same position as the people of Edinburgh; and accordingly an Act was passed last Session reducing the Annuity Tax in the Canongate from 10d. to 3d. in the pound, and this Bill is now working very satisfactorily. Well, then, I confess that I do feel surprised that now, in 1868, one of the first measures brought forward is what is called the Canongate Annuity Tax Bill, after the passing of the Act of last year, one of the provisions of which is that the Annuity Tax should be abolished altogether in the Canongate that is to say, that the reduced tax of 3d., provided for by the Act of 1867, should be extinguished. And what is the provision made for the support of the ministers of the Canongate? Only one of these ministers has a claim upon the

THE LORD ADVOCATE: That may be so; but I do not know why the burden of the Canongate church is to be thrown upon the city churches. The Canongate church and the city churches have always been kept distinct, and I do not know why the city should now bear the burden. Then it is proposed by the Bill to abolish three of the city ministers, which is going further than the Report of the Select Committee or Sir John Lefevre. But five of the city ministers were taken away in 1860. I object to any further reduction. And, with regard to the city ministers, what provision is made for them? They are to be supported out of the seat-rents. These seat-rents produce at present from £1,600 to £1,800 a year, after provision has been made out of them for the repairs of the churches. For the repairs of these churches it is now proposed that the collections at the church doors should be appropriated, amounting to about £1,400 a year. these collections at the church doors are given for the support of the poor, and we find them a most valuable fund for preventing the spreading of pauperism. There are many persons who, by a little timely aid, are kept from actual pauperism. By this Bill, the collections at the church doors will be taken from the poor; but it does not follow that the congregations will contribute them for the purpose of repairs. I venture to say that, to take this sum away from the poor is a step which this House will not sanction. I submit, therefore, that our proper course is not to countenance this Bill by reading it a second time. It must not be supposed that the Established Church is negligent of its duties. There are other Churches doing their best for the

But

poor throughout Edinburgh; but the Estab. of Edinburgh from any other ecclesiastical lished Church is pre-eminently the Church funds in the country is a question which I on which the poor have claims. Dr. Maxwell certainly should be very happy to see solved Nicholson, a minister of the Tron Church, in the affirmative, and I shall do my best speaking of the poor in the Old Town of to give some assistance in that way; but. Edinburgh, sayswhether that be so or not, I think it would be exceedingly dangerous to countenance this Bill by allowing it to be read a second time. I therefore move that the Bill be read a second time this day six months.

"We have to prepare for the services of the Lord's-day. We have to visit the sick, both of our parishes and congregations; we have to visit our congregation, and the inhabitants of our parishes from house to house; we have to set agoing schools, to keep going Sunday-schools; we have to set agoing Bible-classes, we have the poor to attend to. In the Tron Church Parish we have our regular kitchen for providing food for the poor, where there is regular cooking for them. We provide them with clothing, we provide them with coal, we provide their children with education; either paying for it or seeing they are sent to schools where no payment is required. Finding that so many girls who remained in the parish went to utter ruin, we set agoing an industrial school for girls, in order to train them for domestic service. Then, in the Tron parish we have services on the Lord's-day. I do not think I shall be able to carry it on now; but during the life of my venerable colleague we had two services in church at ordinary hours, and then I had a service in the parish for the very poor on Sunday evening. Then we had two other meetings during the week for public worship; one during the day, and one in the evening. The one was superintended by a missionary, and the other was conducted by ourselves. Then, it is to be remembered, that we

and the city missionaries have to do with hospitals, and charitable societies; and for myself I have to do with the Infirmary, where I have acted as colleague with Mr. M'Laren very frequently; and I believe I am well employed in attending to the noble charity, because my own parish is very greatly benefited by it. My own congregation is benefited by the Heriot School, by Heriot's Hospital, by Donaldson's Hospital, by the Destitute Sick Society, and by a great many other societies with which I am connected."

Now, these are the duties which are performed by these gentlemen in the Old Town district of Edinburgh, and they are assisted by missionaries, who are paid either by the congregations connected with the Church, or by the aid of more wealthy people in the New Town. Reference has been made to the fact of their not being many seats taken in some churches. It is unfortunate that in the case of two of these churches the clergymen are in very indifferent health, and that may to some extent explain the reason why the churches are not so well attended; but the other Old Town churches are full. I believe there are no seats to be had in them. I venture, therefore, to think that the proper course will be not to countenance this Bill, which repeals the Act of 1860 and the Act of last Session. Whether it be possible to obtain some relief for the citizens

MR. MILLER seconded the Motion, not so much on the grounds which had been so excellently stated by the right hon. and learned Lord as on account of the injustice that it did to the interests of Leith. It provided that the stipends of the Edinburgh ministers should be provided out of £4,200 to be obtained from seat rents and £2,000 from the revenues of Leith Docks. It was true that for some time past this sum of £2,000 had been levied from the Leith revenues. His constituents had never agitated for its abolition, because they felt that in any scheme for abolishing the Annuity Tax their claim would also be attended to. But now it was proposed that while the tax was to be abolished as far as Edinburgh was concerned, it was to be maintained upon the harbour and port of Leith. If he asked the hon. Member for Edinburgh why this tax was to be continued, no doubt he would say, as he had often said before that the docks and harbours of Leith were originally the property of the city of Edinburgh. It was, however, very easy to prove the fallacy of this argument. In 1838, the Corpora tion of the city of Edinburgh being bank rupt, brought in a Bill to sell the Leith harbours and docks to a joint-stock company, for £25,000, and the titles of the city were inquired into, and it was then found that the city had no right of property-that the harbour was public property, and was vested in the corporation in trust. If Edinburgh were to be relieved from the burden of supporting her ministers Leith ought to be relieved also.

Amendment proposed, to leave out the word "now," and at the end of the Question to add the words " upon this day six months."-(The Lord Advocate.)

MR. CANDLISH said, he apprehended that the right hon. and learned Lord Advocate would rather have the vote than the advocacy of the hon. Member for Leith (Mr. Miller). As he understood the hon. Member, he would disestablish the Church, at any rate disendow it, by withdrawing

from it that which has been made its property by Act of Parliament. Whatever might be said of taxes, dues must be of the nature of property; and yet the hon. Member had proposed that the dues on the Leith Docks should be abandoned. The right hon. and learned Gentleman had spoken of the services rendered by the clergymen in the Old Town of Edinburgh. There were two answers to these statements. In the first place, their industry, Christian effort and zeal had never been called in question; and in the second place, there were other ministers in Edinburgh as zealous and as industrious, having charge of congregations as poor, and labouring in as poor a locality-yet, these rev. gentlemen had no aids external to their Churches, and were dependent for support on the voluntary efforts of their congregations. The right hon. Gentleman led the House to believe that by this Bill the income of the clergy would be reduced; but it will not reduce the stipend of a single clergyman in Edinburgh. The stipends of the clergy would remain as at present; and even their successors would be in precisely the same position, barring the three churches that were abolished by the Bill. No personal interest would be affected by it, presently or prospectively. The Bill did not ask the congregations to increase their contributions towards the maintenance of their clergy, or, if any advance was expected, it was not more than £100 in £4,000; and he apprehended that the clergy of the Established Church did not labour amongst the poor more exclusively than the Dissenting ministers; but that, on the contrary, their congregations were composed of the richer classes of the Old Town. He apprehended that there was no objection to the principle of the Bill, for it conformed to principles already adopted by Parliament in the Act of 1860. It would neither diminish the provision for the religious well-being of the city of Edinburgh, nor touch the religious belief of persons it affected. Even if they had to have recourse to other churches, there were thirty-five of the Free Church, and eighteen of the United Presbyterian Church, where precisely the same form of worship was observed as in the Established Church; but there is ample room in the churches of the Establishment for all who would be withdrawn from the churches dealt with by this Bill. The right hon. Gentleman had failed to show what damage will be done by the Bill. A case in its favour is made

out by the fact that there is ample provi sion for the spiritual wants of Edinburgh in the existing churches, and by the fact that by the present law an injustice is inflicted upon seven-eighths of the people of Edinburgh. He was surprised that any one should defend this tax of 3d in the £1, for it degraded the clergy to the position of a police force, the tax being collected in connection with and as a police tax. It appeared that the Bill of 1860 was not satisfactory either to the Dissenters or the members of the Established Church, and therefore he should suppport the Motion for the second reading of this Bill.

MR. MONCREIFF: As I carried through the Bill of 1860, I will say a few words on the Motion before the House. I shall vote in favour of the Amendment of my right hon. and learned Friend the Lord Advocate, not so much on the merits of the Bill, as because I think the settlement of 1860 was fair and equitable under the circumstances of the case; and it is not desirable to disturb that arrangement. But on the subject of the merits of the Bill, I will simply say that I doubt very much whether its finance will at all come up to the representations of the hon. Member. The substance of the Bill in point of finance is simply this-that the Established Church is left to its own voluntary resources, with the exception of the £2,000, about which the hon. Member for Leith has made so loud a complaint, the seatrents, and the church-door collections. So far as the £2,000 is concerned, I do not think the hon. Member for Leith need be much disturbed; because if this Bill were to pass this year, next year we may find more empty churches, and on the same principle as that on which my hon. Colleague has introduced his Bill, Leith would be relieved from the payment of the £2,000. With regard to the rest of the finance of the Bill, the £4,200 can only be made available after the seat-rents-on the assumption that the church-door collections are sufficient to maintain the fabric of the building. I doubt very much whether that will be found to be the case, even if it were desirable to apply these collections in that way. If the collections were so applied, they would soon fall off in amount; and if it is intended to keep this as an endowment for the Established Church, I believe it will turn out to be an illusive idea. The question whether we should have an Established Church in Scotland is another matter altogether; but

if you are to raise the question, it would be better to state boldly what principle of the Established Church should be given up, and should trust to the voluntary principle for providing the necessary appliances. I do not belong to the Established Church. I belong to the Free Church, and feel a pride in the great effort and sacrifice it has made, and the wonderful increase it has met with; but, on the other hand, let us not discuss this as a mere formal question-adopting the voluntary principle on the one hand, and rejecting it on the other. If the Established Church is to be maintained, it must be maintained with a reasonable endowment; but it is not on that ground that I shall vote with my right hon. and learned Friend. I wish to make an explanation about the settlement of 1860. That was a fair settlement of a question which had been long pending, but we are two parties-a good deal being surrendered on each side-and it would not be fair to take advantage of the surrender made by the Established Church as the groundwork of a second assault. It is, perhaps, unfortunate for me that I have been a kind of medium between the contending parties, without having much sympathy with the views of either. When I held the office now filled by my right hon. Friend, I was applied to by both sides to see whether the controversy could not be settled. There had previously been various attempts at a settlement. A Committee of the House of Commons in 1853 recommended a substantial reduction of the number of ministers, and that any deficiency in the funds for their support should be made up by an appropriation of municipal taxes. It was thought by the voluntary Dissenters of Edinburgh that if the ministers ceased to be the collectors of the tax, and it were left to the magistrates to impose, they would be able conscientiously to pay it, and that was the opinion of my right hon. Colleague in 1853, for in that year, he being the Chief Magistrate, asked me to introduce a Bill based on that principle. I introduced that Bill, and a great meeting of Dissenters in Edinburgh was almost unanimous in its favour, and the Town Council also supported it. But the clergy were opposed to the arrangement, and it fell through. In 1857 another attempt was made at the instance of the Town Council, who requested me to introduce a Bill not founded on the principle of a permanent municipal tax, but for continuing the existing tax

for twelve years, doing away with the exemptions which existed, and forming a sinking fund of a capital out of which the ministers would be endowed. But that also failed. We were in this position in 1860--we had had thirty years of acrimonious warfare, and there was all manner of ill-feeling on both sides, and the greatest possible discontent, and it was felt that an arrangement should be come to by giving up something on both sides. I voted for Mr. Black's Bill in 1857. It passed the second reading with a considerable majority, but the House knew it had not the slightest chance of passing into law; and, if this Bill were carried, we should have years of conflict before us. In 1860, I made a proposal to continue the tax for fifteen years, and then put an end to it altogether; but the Town Council of Edinburgh changed their minds on this matter. I will refer to what was said by my Colleague at that time-Mr. Blackfor whom this House and all who knew bim have the most unfeigned respect. He said-and insisted on it in a speech at Edinburgh-that the tax should cease at the end of fifteen years; but a meeting, subsequently held, pronounced in favour of a diminished and perpetual tax, in the hope of promoting peace; and, accordingly, a Resolution to that effect was sent to me from the Lord Provost and a committee of the Town Council. At a public meeting held about the same time similar resolutions were passed, to this effect-that they would acquiesce in the proposal of a tax on occupiers, which would enable the Corporation to provide the funds for thirteen ministers at £600 a year, taking the seat-rents, the tax to be redeemable at the option of the ratepayers and undoubted security being given for the payment of the stipends. The meeting passed resolutions, and the Magistrates approved of them. I was not present at the meeting, but they communicated with me officially, and I was therefore entitled to conclude that they were agreed upon a settlement. The details, certainly, were not agreed upon; but the principle was, and it was to be a Government measure. Accordingly, my next duty was to communicate with those who were connected with the Established Church. Well, they were willing to have the ministers reduced to thirteen. The proposition in 1853 was, that they should be reduced to fifteen; so that there was a gain to this extent. No doubt it was a hard wrench, and galling to their

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