fimony, which ought to be taken in the sense of those who originally enjoined and ftill adminifter 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: especially, 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 fuppofe, that a feemingly reafonable condition were expreffed in these bonds: for inftance, to refign when fuch 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 fay but a perfon may very lawfully, and fometimes very charitably form an intention of refigning at fuch a period, if circumftances then fhould make it proper; and may alfo fignify fuch intention beforehand. But if he bind himself to it abfolutely, befides the diftrust of him, which requiring this implies, perhaps when the time comes, the young perfon will refufe 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 generality of thefe, instead of confidering their right of prefentation as a spiritual truft, to be confcientiously discharged, will of courfe look on it

as

(1) Stilling fleet, p. 716. fuppofes this to be the intent, with which an abfolute 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 condition expressed. 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 question:" yet adds, "but whether the perfon who takes this truft can enter into a bond " and take the oath, I very much queftion." And Wake, though in p. 22. he names this as one of the most favourable cafes that can be desired, condemns it notwithstanding; as an obligation, which the patron has no right to impose, 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, must, 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 ufually, indeed it cannot fo well be expected they fhould, 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 speaking, refpect those who come in thus, and muft behave, and go out again thus, as they ought always to refpect their ministers.

But ftill perfons may plead that whatever is objected against other engagements 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 promise of acting thus, as far as they can with reasonable convenience. Nay if they bind themfelves 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 prefcribing 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 thofe for whom he interefts himself. And indeed, though perfons were to promise 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 Bifhop hath: an authority 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 pleases, 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.

(y) Wake, p. 25.

(x) Wake, p. 25.

no harm at all hath been intended, so 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 most pernicious practices creep in (y), that there is, abundant reafon 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 answer, 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 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 excuse for none. Befides, it may happen, that by arguing with pa- . trons against such contracts, they may be convinced; and learn fo juft an efteem 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 presentation, while they themselves take them at infti. tution. And it must be owned, that in several 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 cuftom, (cuftoms, you are fenfible, not being the fame every where ;) for the clerk prefented to indemnify the Bishop 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 original of it probably was, that a commiffion of inquiry being formerly fent out, as old regifters prove, upon every vacancy (a) alledged, to certify

(3) Wake, p. 25.

(z) In Lincoln Diocese they are taken only when the Bishop hath any the leaft 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 Lindy. p. 222, and from Linda. p. 217.

on

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 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 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 Bifhop, in cafe any controverfy arife, whether his inftitution be rightful. But this provifion is, in the bond, exprefled 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 purpofe and no other. Accordingly I have not heard, that any one perfon hath ever ferupled, 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 cause 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 cafes it probably never would be infifted on,

as

on Archbishop Peckham's Conftitution per noftram provinciam verb. Inquifitionem, 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 regiftry 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 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 difapproved 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 juftly 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 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 so small 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 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 vifited 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 da 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 perfon will think it either decent or juft, merely to refufe, without affigning a fufficient caufe: 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 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.