!

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 averfe from it, fubmit to be prefented, and perhaps cannot be rejected. Then further, in proportion as this custom 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 usually, indeed it cannot so well be expected they should, either defend the rights of them, or exercife 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 ministers.

But still 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 doubtlefs it is, provided the engagement be only a fincere promife 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 justify 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 covenant, obliged to it, hath been held unlawful and fimoniacal (w): because it is promifing to fave, which upon the matter is promifing to give, fo much money either to the patron, or however to those for whom he interefts 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 upon, (as who can fay it will not?) they are at the mercy of the patron ever after. He becomes their ordinary; and is vefted, by their imprudence, with a much greater authority, than the Bishop hath: an authority of reftraining their liberty, where the wisdom 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 purpofes, as if they had covenanted at firft to refign when requested.

Still, without queftion, 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.

no

(w) Wake, p. 18.

(3) Wake, p. 25.

(x) Wake, p. 25.

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 neceffary 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 reason to refuse making any contracts whatsoever in order to obtain prefentation: and more especially there is reason to refuse them, on account of their mischievous influence on the revenues of the church: which was the immediate occafion 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 must prefent without them, or their right must lapfe to the Bishop, who will. It may indeed be replied, 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 such contracts, they may be convinced; and learn fo juft an esteem for thofe, who refufe them decently and refpectfully, as not only to present 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 present fituation.

But it may be objected further, that Bifhops argue with an ill grace against bonds at prefentation, while they themselves take them at inftitution. And it must be owned, that in feveral Diocefes, particularly that of Lincoln out of which this was taken, and of Peterborough which was also taken from thence (z), there is an ancient and immemorial custom, (customs, you are fenfible, not being the fame every where;) for the clerk prefented to indemnify the Bifhop and his officers from all suits 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 past: 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

(y) Wake, p. 25:

(z) In Lincoln Diocese they are taken only when the Bishop hath any the least 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.

certify the Bishop, whether the living was really vacant, who was at prefent the true patron, and whatever elfe it was requifite he fhould know in order to inftitute: 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 harmlefs, was fubftituted in its room. And a further reason might be, that, the Bishop having 28 days allowed him, after the prefentation was tendered, to confider and inform himself, whether he should inftitute the clerk presented 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 leaft the only defign of this bond was and is, that if the clerk's title to inftitution be questionable, the Bishop may not fuffer by granting it. Now a covenant for this end is furely a very lawful one, and fubject to none of the mifchiefs, 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 these 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 Bishop: and the penalty of the bond is fo moderated, as to ferve that purpose and no ather. 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 shall quit: nor indeed, that any one hath found cause 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 cases it probably never would be insisted on,

as

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

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

() 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 ufed ever fince the reftoration; 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 difapproved by, a committee of Parliament in the time of my predeceffor. They are the fame, as he informs me, with thofe 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 juftly deemed obfolete, the reafons of them having ceased. 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 some dues owing to myself, fynodals and procurations. The former are an ancient acknowledgment of honour and fubjection, referved by the Bishops of the Western church, as long ago as when they fettled their own share of the tithes, in each parish, to be the future property of the feveral incumbents and it took its name from being ufually paid at the fynodal meetings. Now fo fmall a tribute, efpecially if confidered as a quit rent for fo great a conceffion, can furely never be thought a hardship. The other, procurations, are alfo a payment feveral hundred years old, fucceeding in the place of a much more expenfive obligation, that of entertaining the Bishop and his attendants, when he visited each parish. Neither of them hath been increased fince their first 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 sum will be inconvenient to him, it shall be more than returned him. If any one doubts, whether it is incumbent on him or not: his reasons for the doubt, when ever he lays them before me, fhall be impartially confidered, and allowed their full weight. But I hope no perfon will think it either decent or juft, merely to refufe, without affigning a fufficient caufe: and difufe for fome years is not sufficient, in a matter, like this,

of

ftitution will at leaft 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 cost as much as each of the old ones,

of common right. Moft of my Clergy have very punctually fhewn me this little mark of their regard, amongst many greater. Whether any here prefent have omitted it, I do not know. But I trust you will all have the candor to think I have mentioned it, not from any wrong or mean motive, but because I apprehend it my duty, and have not the leaft doubt of your willingness to be informed or reminded of every part of yours.

And with this kind of digreffion I must conclude for the prefent. If God prolong my life and health to another opportunity, I fhall proceed to the remainder of the fubject. In the mean time, I heartily pray him to direct and blefs you in all things.

A CHARGE