fimony, which ought to be taken in the fense of those who originally enjoined and still administer it; and not to have its meaning changed on the fuppofed authority of their opinions, who neither have undertaken to interpret it, nor, if the judgment of their predeceffors be allowed, have a right to do it.

At least refufing fuch bonds, on account of the oath, must be the fafeft fide efpecially, as the greatest divines of this church have declared against them; and I think none for them. Though indeed, were the oath out of the queftion; the bonds are apparently fo mifchievous, as to be for that reafon alone fufficiently unlawful. It may be faid, that if the patron attempts to make any ill ufe of them, equity will relieve the incumbent. But I have fhewn you, that their confequences muft. be very bad, whatever ufe the patron makes of them. And befides, how expenfive, indeed how uncertain, this pretended relief will be; how feldom therefore it will or can be fought for; and how much better on all accounts it is to avoid the need of it; every one must perceive.

But let us now suppose, that a feemingly reasonable condition were expreffed in these bonds: for inftance, to refign when such a relation or friend of the patron's comes to the age of being prefented, who perhaps hath been educated with a view to the benefice vacant (t). Now I do not say but a perfon may very lawfully, and fometimes very charitably form an intention of refigning at fuch a period, if circumítances then fhould make it proper; and may alfo fignify fuch intention beforehand.. But if he bind himself to it abfolutely, befides the diftruft of him, which requiring this implies, perhaps when the time comes, the young perfon will refuse to take the benefice, or the patron to give it him: and yet the incumbent must continue in perfect dependance thenceforward: for his cafe is become the fame, as if his bond had been originally without any condition. Befides, this contrivance for procuring an immediate vacancy at fuch a particular time, encourages perfons, even of low rank, to purchase patronages, feparate from the manors on which they were anciently appendant, merely to ferve interefted purposes. And the ge nerality of thefe, inftead of confidering their right of prefentation as a fpiritual truft, to be confcientiously discharged, will of courfe look on it.

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(t) Stilling fleet, p. 716. fuppofes this to be the intent, with which an ab. folute bond is required; and faith, it is a cafe, wherein a bond may be thought far more reasonable than in others. But he expreffes no pofitive approbation of it; nor doth he mention there giving a bond with this condi tion expreffed. But, in p. 736. he hath that cafe in view, where he faith,; "that there may be a lawful truft in fuch a cafe, I do not queftion:" yet adds, "but whether the perfon who takes this truft can enter into a bond "and take the oath, I very much question." And Wake, though in p. 22. he names this as one of the most favourable cafes that can be defired, condemns it notwithstanding; as an obligation, which the patron has no right to impofe, nor the clerk any power to enter into; as contrary to the Canons, and the authority of the Bishop, and the oath of yielding him canonical obedience, and of doing what in the clerk lies to maintain the right of his fee; but he doth not fay it is contrary to the oath against simony.

as a temporal inheritance, which fince they have bought, they may fairly fell, at any time, in any manner, for what they can or at beft merely as the means of providing a maintenance for fuch perfons as they please: who therefore, unless they will be caft off intirely by their friends, muft, when they are of age, however unfit for the cure of fouls, however a verfe from it, fubmit to be prefented, and perhaps cannot he rejected. Then further, in proportion as this cuftom prevails, benefices, and particularly the more valuable ones, coming to be of a temporary and precarious tenure, contrary to what they were intended; perfons of character and abilities, and a proper fpirit, will not fo often care to take. them. Or if they do, they will not ufually, indeed it cannot fo well be expected they should, either defend the rights of them, or exercise hofpitality and charity upon them, in the fame manner, as if they were to hold them for life. Nor will the people, generally fpeaking, refpect those who come in thus, and muft behave, and go out again thus, as! they ought always to refpect their minifters..

But ftill perfons may plead that whatever is objected against other en-, gagements from incumbents to patrons, yet if they engage only to be conftantly refident, to do faithfully the whole duty, which the laws of the church enjoin them, or perhaps fomewhat more; this must be allowable. And doubtless it is, provided the engagement be only a fincere promise of acting thus, as far as they can with reasonable conve nience. Nay if they bind themselves by a legal tie, to do any thing, which either belongs of course to their benefice, or hath by ancient cuftom been annexed to it, learned and judicious authors juftify them (u). But covenanting thus to do even a laudable action, as teaching school or prescribing to the fick, if their predeceffors were not, without a cove nant, obliged to it, hath been held unlawful and fimoniacal (w): be cause it is promifing to fave, which upon the matter is promifing to give, fo much money either to the patron, or however to thofe for whom he interests himself. And indeed, though perfons were to promife only what in confcience they are antecedently bound to; yet if they tie: themselves, either to do this, or to refign; whenever they fail in any. one part of it, as to be fure they will in fome, fooner or later, though. perhaps very innocently; fuppofing the rigour of their bond infifted up. on, (as who can say it will not?) they are at the mercy of the patron ever after. He becomes their ordinary; and is vefted, by their impru dence, with a much greater authority, than the Bishop hath an autho rity of restraining their liberty, where the wifdom of the church hath not reftrained it (x): an authority of proceeding fummarily; and depriving them, for whatever failures he hath thought fit to infert in the bond, without delay and without appeal: and this authority he may exercife ever after, when he pleafes, to juft the fame purposes, as if they had covenanted at firft to refign when requested.

Still, without question, many good perfons have both required and, given bonds of refignation of thefe latter forts and in many cafes, as,

(u) Wake's Charge, 1709, p. 24. Stilling fleet's Letter, p, 54.

(w) Wake, p. 18.

(y) Wake, p. 25.

(*) Wake, p. 25.

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no harm at all hath been intended, fo no particular harm hath been done by them. But in fo many more there hath, and it is fo neceflary to go by general rules; and one fpecious exception doth fo conftantly produce others that are a little lefs fo; till at laft the moft pernicious practices creep in (y), that there is abundant reafon to refuse making any contracts whatsoever in order to obtain prefentation: and more efpecially there is reason to refuse them, on account of their mifchievous influence on the revenues of the church: which was the immediate occasion of my speaking of them now; though I thought it by no means proper to omit the other arguments against them.

Perhaps it may be faid: if patrons will have bonds of refignation, what can clergymen do? I anfwer, if clergymen will not give them, how can patrons help themfelves? They muft prefent without them, or their right muft lapfe to the Bishop, who will. It may indeed be re plied, that though one perfon rejects the offer, another will accept it: and therefore he may as well. But this would equally be an excufe for the worst of wrong compliances in every kind: and confequently it is an excufe for none. Befides, it may happen, that by arguing with patrons against fuch contracts, they may be convinced; and learn fo juft an esteem for thofe, who refuse them decently and refpectfully, as not only to prefent them with double pleasure, but do them afterwards greater fervices, than they intended them before. At least whatever clergyman behaves in fo worthy and exemplary a manner, will affuredly, if the rest of his conduct be fuitable to that part, either by the care of God's Providence, be raised in the world fome other way; or, by the influence of God's Spirit, be made easy and happy in his prefent fituation.

But it may be objected further, that Bifhops argue with an ill grace against bonds at prefentation, while they themfelves take them at infti.tution. And it must be owned, that in feveral Diocefes, particularly that of Lincoln out of which this was taken, and of Peterborough which was alfo taken from thence (z), there is an ancient and immemorial custom, (customs, you are fentible, not being the fame every where ;) for the clerk prefented to indemnify the Bifhop and his officers from all fuits at law for inftituting him. And accordingly in this Diocese, bonds appear to have been taken for that purpose at all inftitutions for 120 years paft: within which time, there have been nearly, if not quite, 700 given, that are now lying in the registry: and hence we may prefume the practice hath been the fame from the erection of the See. The ori ginal of it probably was, that a commiffion of inquiry being formerly fent out, as old regifters prove, upon every vacancy (a) alledged, to certify

·(9) Wake, p. 25.

(z) In Lincoln Diocese they are taken only when the Bishop hath any the feaft fufpicion about the patronage: in Peterborough and Litchfield always in Canterbury whenever a new patron prefents: in Gloucester and Exeter they were taken till the time of the prefent Bishops.

(a) That it was on every vacancy appears from Archbishop Stratford's Conftitution, Sava, A. D. 1342. in Lindw. p. 222. and from Lindw. p. 217.

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certify the Bishop, whether the living was really vacant, who was at prefent the true patron, and whatever else it was requifite he should know in order to institute: and the expence of this commiffion, and of the proceedings upon it, being of neceffity confiderable to the clerk, who bore it (b); the cheaper method of a bond from him to fave the Bishop harmless, was fubftituted in its room. And a further reafon might be, that, the Bishop having 28 days allowed him, after the prefentation was tendered, to confider and inform himself, whether he fhould institute the clerk prefented or not; the clerk was willing and defirous, rather to indemnify the Bishop, if he would confent to inftitute him sooner, than to bear the inconvenience, and perhaps charges, of waiting to the end of that time. At least the only defign of this bond was and is, that if the clerk's title to inftitution be questionable, the Bifhop may not fuffer by granting it. Now a covenant for this end is furely a very lawful one, and fubject to none of the mischiefs, which, I have fhewn you, attend bonds to patrons. Nor was any conftitution of church or ftate ever pointed against it: nor I believe hath any harm ever happened from it.

But I must own too, that there is another condition added to thefe bonds, that the clerk fhall refign his benefice if required by the Bishop, in cafe any controverfy arife, whether his inftitution be rightful. But this provifion is, in the bond, expreffed to be made only for the fame purpose with the former, the indemnification of the Bifhop: and the penalty of the bond is fo moderated, as to ferve that purpose and no other. Accordingly I have not heard, that any one perfon hath ever fcrupled, in point of confcience, to enter into this engagement; the meaning of it being only, that if he prove to have no right, he fhall quit: nor indeed, that any one hath found caufe to scruple it in point of prudence. For as you may be fure the fulfilling it would never be required without neceffity; fo I believe it hath never yet been required at all. That neither the intention of this covenant was bad, nor the reafons for it contemptible, you will readily allow, on being told, that it began to be inferted conftantly in this Diocese, at the time when our prefent moft Reverend Metropolitan was placed over it: which feeming innovation was indeed only conforming more exactly to the old example of our mother See (c). But ftill as it is as a condition, the infifting on which, in fome cafes, might have bad effects, that were not then forefeen (d); though in fuch cafes it probably never would be infifted on,

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on Archbishop Peckham's Conftitution per noftram provinciam verb. Inquifitio nem, and from Bishop Gibson's Codex, p. 857.

(b) It appears from the above Constitution of Stratford, that the clerk paid for the commiffion, and therefore of courfe for all that was done upon it.

(c) I have feen a bond from the Bishop of Lincoln's registry with this covenant in it, printed in the time of Jac. 2. and the Bishop informs me the covenant hath been used ever fince the restoration: how much fooner he knows not.

(d) e. g. A fuit may be begun which would have proved ineffectual, Yet if the Incumbent refign, the expence of a fresh prefentation and in

ftitution

as it never hath: I have determined, with his Grace's intire approbation, to omit it for the future.

And in every thing, I fhall not only be careful to make your burthens no heavier, but if it can be fhewn me, that I am able to do it, with juftice and equity, I fhall be glad to make them lighter. The fees taken of the Clergy in this Diocefe, whether at inftitutions or vifitations, are not varied in any one article from thofe, which were returned to, and not disapproved by, a committee of Parliament in the time of my predeceffor. They are the fame, as he informs me, with those taken in the time of his predeceffor. Nor have I hitherto found proof, though I have inquired with fome care, that they have been increased at all materially fince the Bishoprick was founded (e). Thofe of vifitation I am fure have not in the least. And yet the diminution of the value of money in that interval hath reduced the fame fum in name and quantity, to perhaps not a fourth of what it was in effect and ufe: on which account proportionable augmentations of fees have been made, I believe, in all temporal courts and offices; and ancient rules to the contrary have been justly deemed obfolete, the reafons of them having ceafed. So that where this hath not been done, or not to any confiderable degree, there is cause to render to all their dues with great fatisfaction.

And here I must take the freedom of speaking to you about fome dues owing to myself, fynodals and procurations. The former are an ancient acknowledgment of honour and subjection, reserved by the Bishops of the Western church, as long ago as when they settled their own fhare of the tithes, in each parifh, to be the future property of the several incumbents and it took its name from being ufually paid at the fynodal meetings. Now fo fmall a tribute, especially if confidered as a quit rent for fo great a conceffion, can furely never be thought a hardship. The other, procurations, are also a payment several hundred years old, fucceeding in the place of a much more expenfive obligation, that of entertaining the Bishop and his attendants, when he vifited each parish. Neither of them hath been increafed fince their firft beginning: the right to both is indifputably legal: and as I am fworn to maintain all the rights of my See, I promife myself none of you will force me to do it in a way, that cannot be more difagreeable to you, than it will to me. If any one pleads, that complying with the demand of so trifling a fum will be inconvenient to him, it fhall be more than returned him. If any one doubts, whether it is incumbent on him or not: his reafons for the doubt, when ever he lays them before me, fhall be impartially confidered, and allowed their full weight. But I hope no perion will think it either decent or juft, merely to refufe, without affigning a fufficient cause: and difufe for fome years is not fufficient, in a matter, like this,

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ftitution will at least be neceffary for him: but indeed the patron may present another and in the cafe of alternate patronage, another will prefent.

(e) i. e. Allowing each of the new inftruments that are required, to coft as much as each of the old ones.