A

CHARGE

DELIVERED TO THE

CLERGY of the DIOCESE

OF

OXFORD,

In the YEAR 1747.

I

Reverend Brethren,

CANNOT fpeak to you thus affembled, without congratulating you in the firft place on the happy fuppreffion of that unnatural rebellion, which, fince we met laft, hath threatened our religion and liberties. Nor will either my duty, or my inclination, fuffer me to omit returning you my heartieft thanks, for the unanimous zeal, you expressed against it; and I doubt not were ready to express, even before the exhortation to do so, which I was directed to fend you, and which you received with fo obliging a regard. Your behaviour, and that of the whole Clergy, on this trying occafion, hath abounded with fuch proofs of loyalty and affection to the government, under which

God's

God's mercy hath placed and continued us, that his Majefty hath declared, he shall ever have the ftrongest sense of what you have done for the fupport of his throne, and gladly fhew his gratitude by any proper methods of extending his royal favour to you and to religion. It may be hoped also, that our fellow-fubjects will remember, what they owe to our long-defpifed and reproached labours: and learn, how effential a part of the church of England is of our prefent establishment. Indeed, not only the more candid of thofe, who thought amifs of us, have ackaowledged our merit now; but the lying lips are put to filence, which dif dainfully and defpitefully spoke against us (a). And let us go on, Brethren, to exprefs the warmest and most prudent zeal for what we doubly felt the value of, when we feared to lofe it: and fo behave in this and all respects, that they who are of the contrary part may be ashamed, having no evil thing to fay of us (b). For however imperfectly men may do us juftice, our reward from God is fure.

I have recommended to you, in the courfe of my former vifitations, various parts of your duty: firft in general, as Minifters of the Gofpel in a vicious and profane age; then more particularly, as Incumbents of your refpective parishes. Under this latter head, I began with what immediately relates to the worship of God: and now proceed to another point, of a temporal nature indeed, as it may feem, but feveral ways connected with fpirituals; the care you are bound to take of the incomes arifing from your benefices. These endowments are facred to the purpofes of piety and charity: and it is neither lawful for us to employ them unfuitably ourselves, nor to let any part of them become a prey to the avarice of others. The few that may appear to be larger than was neceffary, are in truth but needful encouragements to the breeding up of youth for holy-orders. And were they leffened, either an infufficient number would be destined to that fervice, or too many of them would be of the lowest rank, unable to bear the expence of acquiring due knowledge, and unlikely to be treated with due regard. Befides, the most plentiful of these revenues may be well applied to religious ufes and therefore, as they have been dedicated, ought to continue appropriated, to them. But the generality of them, it will furely be owned, are fmall enough: and a very great part left fo utterly incompetent, by the ravages of former times, that the little which remains, demands our strictest care now. For, without it, poor incumbents will not be able to maintain themselves decently, much less to exercife hofpitality and charity towards others. Yet on thefe things both their fpirit and their fuccefs in doing their duty greatly depend. And therefore how indifferent foever any of us may have caufe to be about our own interefts; we ought to confider ourselves as trustees for our fucceffors. We all blame our predeceffors, if they have not tranfmitted the patrimony of the church undiminished into our hands. Let us think then what others hereafter will fay of us, and with what reafon, if we are guilty of the fame fault; and give away for ever, what we should count it facrilege in any one elfe to take from us.

Indeed fome perfons imagine or pretend that the only danger is of the Clergy's encroaching on the properties of the Laity, not neglecting their

(a) Pfal. xxxi. 22.

(b) Tit. ii. S.

own.

"

own. And we acknowledge there have been times, when that was the danger. But they are long paft: and God forbid we should defire to revive them. Placing exceffive wealth in the hands of ecclefiaftics, would both endanger others and corrupt them: as the examples of paft ages have too fully fhewn. But the parochial Clergy of those times, inftead of being the authors of this error, were the heaviest fufferers by it. And to renew the attempt in thefe days, would be folly equal to its wickedness of which we should so certainly and immediately be made fenfible, indeed we are fo univerfally fenfible of it already, that there can be no need of giving cautions on this head. All we wish for is, the unmolefted enjoyment of what clearly belongs to us, and a reasonable allowance of what is confeffedly requifite for us, in order to attain the only ends of our inftitution, the present and future happiness of man→ kind. In how many and fad inftances we fail of poffeffing in peace fuch a competent provifion, I need not fay. Let us all behave under whatever ufage we receive, with the innocence and the prudence, which our Mafter enjoins. But we fhall be wanting in both, if we wrong ourselves and thofe that will come after us, by improper voluntary diminutions of what is allotted for our fupport: which, through inconfiderateness and indolence, hath been often done: defignedly, I would hope, but feldom. And we may be guilty of it, either at coming into our benefices, or during our incumbency on them, or when we quit them to which three heads I fhall fpeak in their order.

Yet indeed, as I am now directing my difcourfe to perfons, moft of them already poffeffed of benefices, it may feem too late to give cautions refpecting the time of entering upon them. But all who have acted right then, will at least hear with pleasure their conduct approved. If any have acted wrong; which I do not know, that any of you have; on being fhewn it, they may repent of it, they may confider how far they can undo what they have done, or prevent the bad confequences that are likely to flow from it. And both forts may be influenced more ftrongly, to take no improper fteps on any future occafion, and to warn their friends against fuch errors.

I proceed therefore to fay, that benefices ought neither to be given, nor accepted, with any other condition or promife, than that of doing our duty in relation to them. This engagement is always understood, whether it be expreffed or not: and no other fhould either be required or complied with. For when Bifhops, originally the fole patrons, to encourage the endowment of parishes, gave others a right of presenting fit perfons to them; or that right was confirmed or granted by the civil power: they must be fuppofed to give it only to be exercifed for the future, as it had been before: when whoever was appointed to any ftation in the church, enjoyed the benefit of all he was appointed to, fo long as he behaved well. And therefore attempting to bring the Clergy into a worfe condition, is ufurpation: and fubmitting to the attempt is encouraging ufurpation.

Yet there is a great difference between the things to which our fubmiffion may be demanded. Some are grofsly and obviously unlawful. If for inftance any perfon, in order to obtain a benefice, promifes to give p fuch a part of the income, to connive at fuch a leffening of it, to ac

cept

cept of fuch a compofition for it, to allow fuch a penfion or make fuch a payment to any one out of it: these things are in effect the fame with laying down beforehand fuch a fum for it: which is the nearest approach, excepting that of bribing for holy orders, to his fin, who thought the gifts of God might be purchased with money, and was anfwered, Thy money perish with thee (c). Nor can it take away, if it alleviate the guilt, that the payment or penfion, thus referved, is allotted to uses really charitable. Still it is buying, what ought to be freely bestowed: this forced charity must disable a man from voluntary almsgiving, in proportion to its amount: and one compliance in a feemingly favourable inftance, will only make way for another in a more doubtful cafe, and so on without

Another excuse I hope nobody will plead; that obligations of this kind may be fafely entered into, fince they are notoriously void. For we can never be at liberty to make an agreement, merely because it is fo bad a one, that neither law nor confcience will let us keep it.

But fuppofing a person binds himself to his patron, only that he will quit his benefice, when required: even this he ought not to do. For he hath no right to promise it; and no power to perform the promise. Whoever undertakes the care of a living, muft continue that care till the law deprives him of it, or his fuperior releases him from it (d). Therefore he can only fubject himfelf to a penalty which another may exact at pleasure, unless he doth what of himself he is not able to do, and knows not whether he fhall obtain permiffion to do. Can this be prudent? Can it be fit? If he pay the penalty, he gives money to the patron, though not for his firft poffeffion of the benefice, yet for his continuance in it befides that he muft either diftrefs himself, or defraud religion and charity of what he ought to have bestowed on them. If then to avoid paying it, he begs leave to refign; he puts his Bifhop under' very unreasonable difficulties: who by refufing his requeft, may bring great inconveniences on the poor man: and by granting it, may lofe a minifter from a parish, where he was ufeful, and ought to have continúed may expofe himself to the many bad confequences of having an improper fucceffor prefented to him. At least he will encourage a practice undoubtedly wrong and hurtful in the main, whatever it may be in the inftance before him. And why. are not thefe fufficient grounds for a denial; fince whatever the incumbent fuffers by it, he hath brought upon himself?

Befides, in bonds to refign, where no condition is expreffed, fome un-` fair intention almoft always lies hid. For if it were an honeft one, why fhould it not be plainly mentioned, and both fides cleared from imputations? Affuredly unless perfons are to a ftrange degree inconfiderate, this would be done if it could. The true meaning therefore too commonly is, to enflave the incumbent to the will and pleasure of his patron, whatever it shall happen at any time to be. So that, if he demands his legal dues; if he is not fubfervient to the fchemes, political or whatever they are, which he is required to promote; if he reproves fuch and fuch vices; if he preaches, or does not preach, fuch and fuch doctrines;

(c) Acts viii. 7.

if

(d) See Stillingfleet on Bonds of Refignation, in the third volume of his works, p. 731.

if he ftands up for charity and juftice to any one when he is forbidden : the terror of refignation, or the penalty of the bond, may immediately be fhaken over his head. How fhamefully beneath the dignity of a Clergyman is fuch a fituation as this! How grievously doth it tempt a man to unbecoming, and even unlawful, compliances! What fufpicions doth it bring upon him of being unduly influenced, when he is not! Or however he may escape himself, what a fnare may his example prove to his poor brethren of weaker minds, or lefs eftablished characters!.

To prevent thefe mifchiefs, both the ancient laws of other churches, and those of our own (e) still in force, have strictly forbidden fuch contracts (ƒ). Particularly the council of Oxford, held in 1222, prescribed an oath against Simony, for fo it is entitled, by which every clerk fhall fwear at his inftitution, that he hath entered into no compact in order to be prefented (g). And Archbishop Courtney, in his injuctions to all the Bifhops of his province in 1391, condemns thofe, as guilty of Simony, who, before prefentation, engage to refign when required (b); and appoints all perfons inftituted to be sworn (i), that they have not given, to obtain prefentation, either oath, or bond to refign (k). Again, the Conftitutions of Cardinal Pole, when Archbishop, in 1555, cenfure, as being fimoniacal, all bargains or promises for procuring of benefices; and affert that benefices ought to be given without any condition, and order that the perfon prefented fhall fwear, he hath neither promifed, nor given, nor exchanged, nor lent, nor depofited, nor remitted, &c. any thing, nor confirmed any thing given before (1). And a convocation

:

held

(c) Stilling fleet in his letter about bonds of refignation in Mifcell. Difcourfes, p. 42. &c. fhews feveral forts of contracts that are allowed; and objects not against trufts and confidences; [as indeed I have been affured that Dr. Bentley held a living in truft for the Bishop's fon] nor against what is done, in confideration of fervice, without a compact; but only against a legal obligation on the party, before his presentation, to perform fuch a condition; and if he do not, to refign.

(f) The Council of Westminster, 1138, appoints that when any one receives inveftiture from the Bifhóp, he fhall fwear that he hath neither given nor promised any thing for his benefice. Spelm. vol. 2. p. 39. apud Gibson Cod. p. 845.

(g) The words are, quod propter præfentationem illam nec promiferit nec dederit aliquid præfentanti, nec aliquam propter boc inierit pactionem: where boc moft naturally refers to negotium præfentationis understood.

See Conc. Oxon. c. 18. in Wilkins, vol. 1. p. 588. and Lyndwood, L. 2, de Furejurando, cap. præfenti, in Wake's charge 1709. P. 34. and Stillingfleet on bonds, &c. p. 721. and letter about bonds, p. 39.

(b) But it appears, by the preamble, that this was defigned only against putting it thus in the patron's power to difpofe of the profits, or turn the incumbents out, and give pluralities of livings to fuch as he favoured.

(i) Wilkins, vol. 3. p. 216. Wake, p. 35, 36.

(k) The injunctions of Ed. 6. in 1547, appoint that fuch as buy benefices, or come to them by fraud or deceit, fhall be deprived, &c. And fuch as fell them, or by any colour bestow them for their own gain or profit, fhall lofe their right of prefenting for that time. Wilkins, vol. 4. p. 7, 8. (1) Wilkins, vol. 4. F. 124, 125.