others. The former way will ufually be kinder and more obliging, and fo far more eligible. Yet on the other hand, if we chufe the latter, our leffee will probably find it his intereft to take them in kind, which will preserve our title to them in kind: and therefore it may at leaft be expedient fometimes, in relation to any questionable parts of them. But if a tenant will rather give up some of our rights, than be at the trouble of afferting them, we may be under a neceffity of doing it ourselves. And If we let any of our tithes to the proprietor of what they arise from, or to whomfoever we let our glebe, it should never be for too long a time at the fame rent: else we run a great rifque of being told, that we are intitled to nothing more. The perfon indeed, who makes the agreement with us, cannot think fo: and yet what even he may pretend to our fucceffors, we cannot forefee. But the perfon, that comes after him, may infist on it even to us and though the evil fhould be delayed longer, it will happen much too foon. Written agreements, difcreetly worded, may be an useful and effectual preventive. Yet these, in courfe of time, may be loft by various accidents: or conftancy of the fame unvaried payment be alledged as a stronger argument on one fide, than they are on the other. And if either should prove our cafe, contending at law with any parishioner will be a very undefirable thing: and contending with a powerful one may be an impracticable thing. Therefore we ought never to begin cuftoms, that may be dangerous: and if they are begun, even by our predeceffor's fault, and yet more if by our own, we thould think how to ftop them without delay. But the leaft we can do, is refolutely to refuse authorizing fuch invafions, by giving any thing under our hands, which may but feem an acknowledgment that what we receive is a prescript and unchangeable payment, unlefs we are very well affured that the law will efteem it fuch. We ought rather to lose it ourselves, than procure it by an act, that will prejudice our fucceffors. Barely continuing to accept it unaltered, is doing more than enough to their difadvantage: therefore we ought on no account to go further; but on the contrary, labour to procure and perpetuate, if we can, fuch evidence, as may be of fervice to them.

Nor should we be careful only to preferve our benefices from any minution of income, but alfo from any addition of expence, which would amount to the fame thing: for heavy burthens, and very unfit ones, of riotous entertainments in particular, and thofe fometimes at the most improper seasons, have been introduced and established in many places, by the inconfideratenefs and fupineness of incumbents. We fhall do well, abfolutely to break and annihilate fuch cuftoms, if it remains legally poffible: and if not, to ufe our utmost influence towards procuring the confent of the perfons concerned, to change them into fomething elfe, lefs exceptionable and more useful, to be fecured to them as firmly, as may be; with a covenant added, that they fhall be intitled to return to their old ufage, if ever they are denied the benefit of the

new.

Provided the abovementioned precautions be obferved, we are much at liberty to treat our parishioners as kindly, as we will: and very kindly we ought to treat them: never permitting them, if we know it, to go without any thing, which is their right; to pay any thing, which is not * due;

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 ang fhadow of juftice be accufed of cruelty towards them. Yet when we thew them any indulgence, we should let them fee, we are fenfible of what we do for them; elfe they may impute it to our ignorance, not our goodneís. And we ought not to be fo enfy 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 juil 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 induftrious 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 manufcript, 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 iny power. But you must not always conclude your prefent rights to be neither more nor lefs, than fuch an endowment fets forth; both because there may be a fubfequent one, with variations; and becaufe, where no fubfequent one appears, long custom, in particular cafes, may create a legal prefump❤ tion, that there was one, upon which that cuftom was grounded,

For the fame ufe, in rectories, as well as vicarages, terriers were di→ rected: how anciently, I cannot fay. But the 87th Canon of 1603 enjoins, that the Bishop of each Diocefe fhall procure them to be taken, by the view of honeft men in every parifh, to be appointed by him, whereof the minister to be one: it specifies 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 reafon+ able 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 thefe, 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 scheme 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, 6 99. faith, that the Bishop at every vifitation ufually requires a new terrier. Bishop Gibson proposes that there should be a new one where there had been none fince the restoration.

church-wardens, or fuch parishioners as the Bishop fhould appoint: that three indented copies of it in parchment should be figned by them; one to be exhibited at the Bifhop's next vifitation, the fecond at the Archdeacon's, and the third put in the parish cheft (b). But thefe propofa's 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 use in caufes tried before ecclefiaftical judges, than temporal: who will not allow the fpiritual judicatures to be courts of record: but ftill, when regularly made, they will have fome weight every where. At leaft 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 defcriptions intelligible; or where other alterations have been made that require them. For contradictory terriers will hurt, if not deftroy, 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 set down there as a doubtful point; but by no means given up, to please any perfon, or serve 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 laftly, though it may be needlefs and inconvenient to employ many perfons in drawing up a ter rier, yet the more fign it, the better; efpecially 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 with; 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 pay, ments 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 evi. dences

(b) See Wilkins, vol. 4. p. 638, 656. It was alfo propofed that a calendar fhould be made of thofe 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 uses to which it extends, may be very ferviceable 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 parifhes; the thankfgiv 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 arife 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 preserve the lands and edifices belonging to them, in good condition. If therefore we commit wafte on our glebe, or, through covetoufness or negligence, impoverish it, or fuffer our tenant to impoverish it, we act dishonourably and unjustly: as alfo, if we permit our dwelling-houses 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 deserves a harsher name. And if we either squander 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 minifter refident amongst them. Poffibly fome may say, 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: especially 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 da→ mage, 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, 5, 6. (d) See Gibfon's Codex, p. 791.

avoid

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 just coming into the world in fuch circumstances, 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 houses are grown worfe? And what muft it therefore end in, unless 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 especially; 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 perfons, 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 improving whatever little space 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 thefe run into decay, is extremely ungenerous and illiberal. Yet indeed, on the other hand, making parfonage or vicarage houses, 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, instead 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 himfelf

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