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 harmless, was fubftituted in its room. And a further reafon might be, that, the Bishop having 28 days allowed him, after the presentation was tendered, to confider and inform himself, whether he should inftitute the clerk prefented or not; the clerk was willing and defirous, rather to indemnify the Bishop, if he would confent to inftitute him fooner, 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 queftionable, 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 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 Bishop: 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 shall quit: nor indeed, that any one hath found caufe to fcruple 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 Diocefe, 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 infifted on,

as

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

(b) It appears from the above Conftitution of Stratford, that the clerk paid for the commiffion, and therefore of course 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 fac. 2. and the Bishop informs me the covenant hath been ufed ever fince the restoration: how much fooner he knows not.

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

stitution

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 justice and equity, I fhall be glad to make them lighter. The fees taken of the Clergy in this Diocefe, whether at inftitutions or visitations, 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 leaft. 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 use: 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 fome 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 several 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 myfelf 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 fo 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 reasons for the doubt, when ever he lays them before me, fhall be impartially confidered, and allowed their full weight. But I hope no person 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,

:

of

ftitution will at least be neceffary for him: but indeed the patron may prefent 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.

of common right. Most 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 truft you will all have the candour 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 biefs you in all things.

A CHARGE

A

CHARGE

DELIVERED TO THE

CLERGY of the DIOCESE

OF

OXFORD,

In the YEAR 1750.

IN

Reverend Brethren,

'N the course of my former vifitations of this Diocese, I have recommended to you various parts of your duty, as Minifters of the Gofpel in general, and of your respective parishes in particular. After things, more immediately and intirely of fpiritual concern, I proceeded, in my laft Charge, to the care, that you re bound to take of your temporalties; with which you are intrufted, partly for the fervice of religion in your own times, partly for your fucceffors, as your predeceflors were for you: a truft, which if any of them broke, or neglected, you are too fenfible they did ill, to be excufable to your own minds, if you imitate them. And dividing this care into the behaviour,

haviour, that is requifite at your coming into livings, during your incumbency on them, and when you are to quit them: I went through the first of thefe heads; giving you proper cautions, more efpecially against making any contract or promife inconfiftent with the oath, then required of you, or prejudicial to your own benefices, or the common interefts of the Clergy. Therefore I now go on to the fecond, the vigilance, with which you ought each to fuperintend the revenues and poffeffions of your church, whilft you continue minister of it.

I have too much caufe, in every thing, to be fenfible of my own unfitness to direct but, in feveral articles, relating to this point, I am peculiarly unqualified having little experience in them, and a yet lefs share of the proper abilities and turn of mind for them. However, I ought not to omit being of fuch ufe to you, as I can. There may be thofe amongst you, who are either ftill more unacquainted with thefe matters, or at least have not confidered them all in the fame light: as you must have obferved, that very obvious inftances, both of wisdom and duty, efcape the attention of many, till they are pointed out to them. And a difcourfe, neither complete, nor poffibly free from miftakes, may notwithstanding do fervice, by exciting perfons to think on the fubject, more than they have done hitherto.

Your care, in refpect to this subject, consists of two parts: recover ing what may be unduly withheld from your church, and preserving what is left.

It is very unhappy, that fo troublefome and invidious an employment, as the former, fhould ever be made neceffary: which yet it hath too often been. Glebe lands have been blended with temporal eftates; and pretences fet up, that only fuch a yearly rent, far inferior to the real value, is payable from them. Tithes and other dues have been denied; under falfe colours of exemptions in fome cafes, and of modus's in many. Every unjuft plea admitted makes way for more. And thus what was given for the fupport of the Clergy in all future times, is decreasing continually; and becoming lefs fufficient, as it goes down to them. The Laity themselves, if they would reflect, muft fee, that they have by no means any caufe to rejoice in this. For, probably few of them in proportion will be gainers by what we lofe: but the whole body of them, wherever the provision made for us becomes incompetent, must either make another at their own expence, or be deprived in a great measure of the good influences of our office, with refpect to this world and the next. But whatever they are, we ourselves cannot surely fail to be deeply concerned at the ill afpect, which these encroachments bear towards religion in ages to come. Whoever is indifferent about it, fhews himself very unworthy of what he enjoys from the liberality of ages preceding. And whoever is grieved at it, will fet himself to confider, not how he can augment the patrimony of the church, where it is already plentiful; or any where, by difhonourable methods: (you are very fenfible, what injuftice and folly there would be in fuch attempts) but how he can retrieve any part of it, which is illegally or unequitably feized and detained.

Now here the foundation of all muft be, a diligent and impartial inquiry into the right of the cafe: for it would be abfurd to deceive our

felves i