f

due; or even to take any thing too dear: always making them equit able abatements, admitting every tolerable excufe for their delays of payment; and rather chufing to lofe ever fo much by them, than with any fhadow of justice be accufed of cruelty towards them. Yet when we fhew them any indulgence, we fhould let them fee, we are fenfible of what we do for them: elfe they may impute it to our ignorance, not our goodness. And we ought not to be fo eafy with them, as to fet them against a fucceffor, who cannot afford to imitate us; or difqualify ourselves, by a promiscuous kindness to all, from being especially kind to fuch as want. But whatever improvements we make in our benefices, by whatever just means, it will be a prudent guard against envy, as well as a right behaviour on other accounts, to increafe, at the fame time, either a fober modeft hofpitality, for neither excefs nor vain fhew at all become our function; or, which is yet better, and ought never to be excluded by the other, a judicious charity; above all, to the indus trious and virtuous poor, extended to their fouls, as well as their bodies.

For the purpose of recovering or preferving the rights of vicarages, the original endowments of them may be very useful. And these you are to feek for in the register books of the Diocese of Lincoln, out of which this was taken. But I have collected copies of fome; and can direct you to books, printed or manuscript, in which are copies of others; or to that part of the register-books, in which they may be found: and fhall gladly give any of you whatever information is in my power. But you must not always conclude your present rights to be neither more nor Jefs, than fuch an endowment fets forth: both because there may be a subsequent one, with variations; and because, where no fubfequent one appears, long cuftom, in particular cafes, may create a legal prefump tion, that there was one, upon which that custom was grounded.

For the fame ufe, in rectories, as well as vicarages, terriers were directed: how anciently, I cannot fay. But the 87th Canon of 1603 enjoins, that the Bishop of each Diocese fhall procure them to be taken, by the view of honeft men in every parish, to be appointed by him, whereof the minister to be one; it fpecifies the particulars, of which they fhall confift, and orders them to be laid up in the Bishop's registry. How often they shall be taken, it doth not mention. But plainly the changes, which time introduces, particularly in the names of the par cels and abuttals of glebe lands, require a renewal of terriers at reasonable diftances. This Canon hath been obferved fo imperfectly, that of about 200 parishes, of which this Diocese confifts, there are terriers in the registry of no more than about 126: and most of them only one: and of these, not 20, fince the year 1685. In the convocation of 1704, complaints were made of the like omiffions elsewhere: and in thofe of 1710, 1714, 1715, a fcheme was formed, that where no terrier had been made for 7 years then laft paft, (which looks as if a repetition every 7 years was intended) (a) the minifter fhould make one, with the church

(a) Prideaux, Directions to Church-wardens, § 99. faith, that the Bishop at every vifitation ufually requires a new terrier, Bishop Gibfon proposes that there fhould be a new one where there had been none fince the restoration.

church-wardens, or fuch parishioners as the Bishop should appoint: that three indented copies of it in parchment fhould be figned by them; one to be exhibited at the Bishop's next vifitation, the fecond at the Archdeacon's, and the third put in the parish cheft (b). But these propofals having never received the fanction of due authority, are to be confidered as no more than prudent directions: the Canon of 1603 ftill continues our only legal rule. And I am very defirous to perform the part, which it affigns to me. But then I must beg your affiftance in order to my nominating proper perfons, that is, parishioners of the greatest probity, knowledge, and fubftance, to be joined in the work with you. Terriers indeed are of more ufe in caufes tried before ecclefiaftical judges, than temporal: who will not allow the fpiritual judicatures to be courts of record: but still, when regularly made, they will have fome weight every where. where. At least they will be valuable and authentic informations to your fucceffors: and probably the parishioners of future times will be afhamed to infift on claims, contrary to what they will fee afferted under the hands of their predeceffors, perhaps their fathers or near relations. But then, to produce thefe good effects, indeed to prevent their producing bad ones, they must be made with great care. If there be a preceding terrier, it must be confulted: if it be defective, the defects must be fupplied: if it be accurate, there must be no variations from it in the new, but where they are neceffary to render descriptions intelligible; or where other alterations have been made that require them. For contradictory terriers will hurt, if not destroy, each other's evidence. It will also be right to exprefs in them, what peculiar burthens are incumbent on the minifter, or that there are none, as well as what property belongs to him. But if his right, or obligation, to any thing, be doubtful: either no terrier must be made, till the doubt is removed; or it must be fer down there as a doubtful point; but by no means given up, to pleafe any perfon, or ferve any purpose whatever. For terriers, that make against the Clergy, will do them abundantly more harm, than fuch, as make in their favour, will do them good. And lastly, though it may be needlefs and inconvenient to employ many perfons in drawing up a ter rier, yet the more fign it, the better; especially of confiderable perfons: for to omit any of them, and multiply the names of others, will appear fufpicious. And as it may not always be eafy to procure fuch hands, as you could wifh; favourable opportunities must be prudently fought and waited for, and the work undertaken, when they offer, and not before.

Other very useful precautions, of near affinity to this of terriers, are, that if any augmentations have been made of your benefices, by payments referved in church or college leafes, by the Queen's bounty, or otherwife or if any agreement have been entered into, between you, or your predeceffors, and the patron and ordinary, for making any exchange or inclofure, or doing any other act, which affects your income, or any part of it, whether it be confirmed by a legal decree or not: proper evidences

(b) See Wilkins, vol. 4. p.638, 656. It was alfo proposed that a calendar fhould be made of those which were put in the registry and that they fhould not be delivered out, without fecurity given.

dences of these things fhould both be kept amongst your parochial pa pers, and depofited in the public office. Indeed, the law requires that augmentations, made by ecclefiaftical bodies or perfons, be entered in a parchment book, to be kept in the Bishop's registry for that end (c). And though acts of Parliament, paffed for any of the purposes abovementioned, may be confidered as things more notorious: yet without the fame fort of care, the memory of these also may be loft, or some of the provifions made in them controverted.

There is ftill one thing more, that, amongst several other ufes to which it extends, may be very serviceable to afcertain the rights of livings: I mean repeating from time to time, the ancient practice of perambulations which hath been long freed from fuperftition; and, if preferved alfo from intemperance and tumultuous contefts, the last of which evils may be prevented by friendly difcourfe beforehand with the chief inhabitants of your own and the neighbouring parishes; the thanksgiv ings, prayers, and fentences of Scripture, with which the injunctions of Queen Elizabeth direct it to be accompanied, will render it a very pious ceremony: and the civil benefits of it may be confiderable. For though, without it, there feldom will arise any question, to what parish; lands, that have been long cultivated, appertain: yet concerning others, in the whole or in part, there often doth. And fome, that are worth but little at prefent, may come hereafter to be of great value.

But, befides preferving the incomes of our benefices from encroachments, we are bound to preferve the lands and edifices belonging to them, in good condition. If therefore we commit waste on our glebe, or, through covetoufness or negligence, impoverish it, or fuffer our te nant to impoverish it, we act difhonourably and unjustly: as alfo, if we permit our dwelling-houfes or out-buildings to fall into decay, for want of early or fufficient repair. A fmall expence in time may prevent the neceffity of a much larger afterwards, and thus, by neglecting it, we may hurt ourselves; which would doubtlefs be unwife: but defignedly throwing the burthen on our fucceffor deferves a harsher name. And if we either fquander extravagantly, or hoard avaritiously, what we fave thus; it doubles the fault. If mere indolence be the cause of our omiffion; it is by no means a good principle; and produces effects, as bad, as if it were a worse. Nay, if we are influenced by the defire of making only a reasonable provifion for our families: we have no right to provide for them by wronging our fucceffor; and perhaps depriving our parishioners of the benefit of having a minister refident amongst them. Poffibly fome may fay, that their executors must account for whatever they leave out of order: and therefore they do no harm. But it may be, they will leave them nothing to account with: efpecially as the common law prefers the payment of other debts before dilapidations (d). At least they well know, that the law, though it will allow more, than executors commonly pretend; and perhaps more, than would have prevented the damage, if applied in time; will not allow enough to repair it afterwards; or however not to compenfate moreover for the expence and trouble of taking that remedy: and that therefore, in all likelihood, a fucceffor, to

(c) 29 Car. 2. c. 8. §. 4, 56. (d) See Gibfon's Codex, p. 791.

avoid

1

avoid law, will chufe rather to accept of lefs, than he ought to have. Now driving him to this, is doing him a grofs injury; and that very probably when he is juft coming into the world in fuch circumftances, that it will weigh heavy upon him, and may put him behind hand for a long time. Some again will plead, that they really cannot afford to repair their houses. And doubtlefs the condition of many is very pitiable, and deferves the affiftance, as well as compaffion, of their richer neighbours and brethren. But ftill what reafon is there to think, that they, who come after them, will be better able, when the houfes are grown worfe? And what muft it therefore end in, unlefs timely prevention be applied? Others may alledge, theirs are in repair; and no dilapidations will be found, when they leave them. But are they in fuch repair, fo fubftantial and fo decent, as a minifter's houfe ought, that belongs to fuch a benefice: or only juft habitable, and patched up to hold out a little longer? Perhaps you keep your house in as good a condition, as you found it. But did you think your predeceffor acted well, when he left it you in no better? If not, that which was his duty, is now yours. These things all incumbents ought to confider: but fome more efpecially; as they who have large benefices, and they who have two; which may be ordinarily fuppofed equivalent to a large one. Yet thefe latter, in how good order foever they may, for their own fakes, keep the house they ufually refide in, have too often left the other to be treated as a farmer or tenant pleases: till it hath grown, if not ruinous, yet very unfuitable to its next proper inhabitant. Again, rich persons, that are poffeffed of poor livings, ought peculiarly to reflect, how noble an opportunity is put into their hands of being benefactors to them: by repairing, or if need be, rebuilding, and fitting up, the houses; and im proving whatever little fpace of ground lies about them, in fuch manner, as will make both comfortable to the fucceeding owners. And the very different method, which they have fometimes taken, of living in better habitations themselves, and letting these run into decay, is extremely ungenerous and illiberal. Yet indeed, on the other hand, mak, ing parfonage or vicarage houfes, or the appurtenances of them, fo large for their own convenience, as to bring on afterwards too great an expence in fupporting them, would be a mark, either of much vanity, or little confideration.

On this whole fubject I might, inftead of perfuafion, ufe authority alone. But as the latter would be much lefs pleafing to me: fo I hope the former will be as effectual with you. Elfe, the laws of the church in this nation, empower the Bishop, if incumbents do not repair their houses in a decent manner (e), to take cognizance of the neglect either on complaint or by voluntary inquiry, and to proceed against them by ecclefiaftical cenfures; or, after admonishing them in vain, to make

himself

(e) Semper tamen rationabilis confideratio fit habenda ad facultates ecclefix. Conft. Edm. Si Rector; on which Lyndwood's note is, Quia in benefi cio pinguiori requiruntur ædificia magis fumptuofa quam in beneficio minus pingui. Lib. 3. Tit. 27. de eccl. ædificandis. Verb. Facultates Ecclefia, P. 251.

himself what repair is needful out of the profits of their benefices: and what proportion of them fhall be applied to this purpose, is left to his difcretion (f) but the injunctions of H. 8. Ed. 6. and Q. Eliz. directed a fifth (g). And a further conftitution of Othobon, published in the year 1268, exprefsly orders, that fuch a fequeftration be made in the cafe of houses fallen down, as well as decayed (b). And the Ref. Leg. Eccl. had provided in the fame manner for the fame thing (i), in conformity with evident reason. Indeed, where no house hath been for a long time, compelling the incumbent to rebuild one may feem hard. But is it not harder ftill, that his parishioners and fucceffors fhould never more enjoy an advantage, intended to be a perpetual one? At least, whatever he may think of his legal obligation, he should confider, whether he is not in confcience obliged to devote fome fitting fhare of his income to this ufe. Surely, if he doth not think it a ftrict duty, he must think it, unless there be fome peculiar reafon to the contrary, an excellently good action. And fuppofing that what he can lay by, will amount only to a tolerable beginning': yet others may, and probably will, fooner or later, add to it, and complete the work.

But whatever care you ought to take, and I ought to fee that you take, in relation to your houses: there is ftill a much greater, for the fame reasons and more, due from you, who are rectors, in relation to your chancels and I am yet more exprefsly authorized, by Statute-law as well as Canon, to fuperintend this matter. Chancels are the moft facred part of the church: and the whole church ought to be preserved in a condition, worthy of that Being, whofe it is; and fit to infpire his worshippers with reverence. The light of Nature taught the Heathens to adorn their temples (k). God himself provided, by exprefs and minute directions, for the beauty of his fanctuary amongst the Jews: the ancient Christians imitated these precedents, as foon as ever the danger of perfecution ceased (1): and if the following ages carried their notions of magnificence and ornament in religious edifices too far, as undoubtedly they did, in heaping up treasures there, which had much better have been distributed to the poor, than kept to provoke the envy and avarice of the great: yet in this country, for feveral generations past, the contrary extreme hath prevailed to fo fhameful a degree, as must needs give Papifts an exceeding great disgust to Protestantism; and Infidels no fmall contempt of Chriftians, as either defpifing inwardly the religion they profess, or being too fordid to pay it the common outward marks of refpect...

Now what hope can we have of bringing our people back, unless we fet them the example? What can we fay to our parishioners about their churches, or to lay-impropriators about their chancels; or, fay what

(f) See Gibson's Codex, T. 32. c. 3. p. 789, &c.

we

(g) See Wilkins, vol. 4. p. 5. The Ref. Leg. Eccl. Tit. de Dilapidationibus, c. 2. p. 77. directs only a 7th.

(b) Gibfon's Codex, Tit. 32 c. 3. p. 789.

(i) Tit. de Dilap. c. 2. p. 77.

(k) Hor. Od. 15. lib. 2.

(1) See Bingham.

and Sat. 2. lib. 2. v. 103, 104, 105.