Ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the Right Reverend Father in God, Edward, Lord Bishop of Worcester.
         Stillingfleet, Edward, 1635-1699.
      
       
         
           1698
        
      
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             Ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the Right Reverend Father in God, Edward, Lord Bishop of Worcester.
             Stillingfleet, Edward, 1635-1699.
          
           xxvii, [3], 393 p.
           
             Printed by J.H. for Henry Mortlock..,
             London :
             1698.
          
           
             Reproduction of original in the Union Theological Seminary Library, New York.
             Includes bibliographical references.
          
        
      
    
     
       
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           Ecclesiastical law -- England.
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             Ecclesiastical
             Cases
          
           Relating
           to
           the
           DUTIES
           and
           RIGHTS
           OF
           THE
           Parochial
           Clergy
           ,
           STATED
           and
           RESOLVED
           According
           to
           the
           PRINCIPLES
           OF
           Conscience
           and
           Law
           :
        
         
           By
           the
           Right
           Reverend
           Father
           in
           GOD
           ,
           EDWARD
           ,
           Lord
           Bishop
           of
           Worcester
           .
        
         
           LONDON
           ,
           Printed
           by
           
             I.
             H.
          
           for
           
             Henry
             Mortlock
          
           at
           the
           Phoenix
           in
           St.
           
           Paul's
           Church-Yard
           ,
           1698.
           
        
      
       
         
         
         
           To
           the
           Reverend
           CLERGY
           OF
           THE
           DIOCESE
           OF
           WORCESTER
           .
        
         
           My
           Brethren
           ,
        
         
           THE
           following
           Discourses
           do
           of
           Right
           belong
           to
           You
           ;
           the
           Substance
           of
           them
           being
           contained
           in
           what
           I
           delivered
           to
           You
           in
           several
           Times
           and
           Places
           ,
           in
           the
           Course
           of
           my
           Visitations
           :
           In
           which
           I
           endeavoured
           to
           lay
           open
           the
           Nature
           and
           Dignity
           of
           
           your
           Function
           ,
           the
           Rules
           you
           are
           to
           observe
           in
           the
           Discharge
           of
           it
           ,
           and
           to
           state
           and
           resolve
           the
           most
           Important
           Cases
           which
           Relate
           to
           your
           Duties
           and
           Rights
           ,
           according
           to
           the
           Principles
           both
           of
           Law
           and
           Conscience
           .
           For
           I
           observed
           that
           some
           had
           spoken
           very
           well
           of
           the
           General
           Nature
           of
           the
           Ecclesiastical
           Function
           ,
           without
           a
           particular
           Regard
           to
           the
           Limitations
           of
           the
           Exercise
           of
           it
           by
           our
           Laws
           .
           Others
           had
           endeavoured
           to
           give
           Advice
           and
           Counsel
           in
           Point
           of
           Law
           ,
           who
           meddle
           not
           with
           the
           Obligation
           of
           Conscience
           .
           And
           therefore
           I
           thought
           it
           necessary
           to
           joyn
           both
           these
           together
           ,
           that
           you
           might
           have
           a
           clear
           and
           distinct
           View
           of
           your
           Duties
           in
           both
           Respects
           .
           For
           in
           a
           Matter
           of
           Positive
           Institution
           ,
           where
           only
           the
           General
           Duties
           are
           prescribed
           in
           Scripture
           ,
           and
           the
           Bounds
           of
           the
           Exercise
           of
           them
           depend
           upon
           the
           Laws
           of
           the
           Land
           ,
           I
           
           could
           not
           see
           how
           any
           Person
           could
           satisfie
           himself
           in
           the
           Discharge
           of
           his
           Duty
           ,
           without
           a
           Regard
           to
           both
           .
           For
           the
           Care
           of
           Souls
           in
           General
           ,
           is
           a
           Matter
           of
           wonderful
           Weight
           and
           Importance
           ,
           and
           can
           never
           be
           sufficiently
           considered
           by
           those
           who
           are
           concerned
           in
           it
           .
           But
           no
           Man
           among
           us
           takes
           upon
           him
           an
           Indefinite
           Care
           of
           Souls
           ,
           without
           Regard
           to
           Persons
           or
           Places
           ;
           for
           that
           would
           produce
           Confusion
           and
           endless
           Scruples
           ,
           and
           Perplexities
           of
           Conscience
           about
           the
           Nature
           and
           Obligation
           to
           Particular
           Duties
           ,
        
         
           Which
           cannot
           be
           prevented
           or
           removed
           without
           a
           right
           understanding
           the
           different
           Respect
           all
           that
           have
           taken
           our
           Holy
           Function
           upon
           them
           ,
           do
           stand
           in
           both
           to
           the
           Church
           in
           General
           ,
           and
           to
           that
           Particular
           Cure
           of
           Souls
           which
           they
           are
           admitted
           to
           .
           The
           best
           way
           I
           know
           to
           represent
           them
           ,
           is
           to
           consider
           
           the
           Case
           of
           Dominion
           and
           Property
           ;
           and
           how
           far
           the
           Vniversal
           Obligation
           of
           Mankind
           to
           promote
           each
           others
           Good
           ,
           is
           consistent
           with
           the
           Care
           of
           their
           own
           and
           Families
           Welfare
           .
           Adam
           had
           in
           himself
           the
           Entire
           and
           Original
           Dominion
           over
           all
           those
           Things
           ,
           which
           after
           became
           the
           Subject
           of
           particular
           Property
           ;
           when
           his
           Posterity
           found
           it
           necessary
           to
           make
           and
           allow
           several
           Shares
           and
           Allotments
           to
           distinct
           Families
           ,
           so
           as
           they
           were
           not
           to
           incroach
           ,
           or
           break
           in
           upon
           one
           another
           .
           But
           the
           Law
           of
           Nature
           did
           not
           prescribe
           the
           Way
           and
           Method
           of
           Partition
           ,
           but
           left
           that
           to
           Occupancy
           or
           Compact
           :
           And
           so
           the
           Heads
           of
           Families
           upon
           their
           Settlement
           in
           any
           Countrey
           ,
           had
           a
           twofold
           Obligation
           upon
           them
           ;
           the
           first
           was
           to
           preserve
           the
           Interest
           of
           the
           whole
           Body
           ,
           to
           which
           they
           still
           were
           bound
           ,
           and
           were
           to
           shew
           it
           upon
           such
           Occasions
           as
           required
           it
           .
           The
           
           next
           was
           to
           take
           particular
           Care
           of
           these
           Shares
           which
           belonged
           to
           themselves
           ,
           so
           as
           to
           improve
           them
           for
           their
           Service
           ,
           and
           to
           protect
           them
           from
           the
           Invasion
           of
           others
           .
           And
           Although
           this
           Division
           of
           Property
           was
           not
           made
           by
           any
           Antecedent
           Law
           ,
           yet
           being
           once
           made
           ,
           and
           so
           useful
           to
           Mankind
           ,
           the
           Violation
           of
           it
           ,
           by
           taking
           that
           which
           is
           anothers
           Right
           ,
           is
           a
           manifest
           Violation
           of
           the
           Law
           of
           Nature
           .
        
         
           I
           do
           not
           think
           ,
           that
           the
           Distribution
           of
           Ecclesiastical
           Cures
           ,
           for
           the
           greater
           Benefit
           of
           the
           People
           ,
           is
           of
           so
           strict
           a
           Nature
           ;
           because
           the
           Matter
           of
           Property
           doth
           not
           extend
           to
           this
           Case
           in
           such
           a
           manner
           .
           But
           since
           an
           Vniversal
           Good
           is
           carried
           on
           by
           such
           a
           Division
           far
           better
           than
           it
           could
           be
           without
           it
           ,
           there
           is
           an
           Obligation
           lying
           on
           all
           Persons
           who
           regard
           it
           ,
           to
           preserve
           that
           Order
           which
           conduces
           to
           so
           good
           an
           End.
           And
           
           I
           cannot
           see
           how
           any
           Persons
           can
           better
           justifie
           the
           Breach
           of
           Parochial
           Communion
           as
           such
           ,
           than
           others
           can
           justifie
           the
           Altering
           the
           Bounds
           of
           Mens
           Rights
           and
           Properties
           ,
           because
           they
           apprehend
           that
           the
           common
           Good
           may
           be
           best
           promoted
           by
           returning
           to
           the
           first
           Community
           of
           all
           things
           .
        
         
           If
           our
           
             Blessed
             Saviour
          
           ,
           or
           his
           
             Holy
             Apostles
          
           in
           the
           first
           founding
           of
           Churches
           ,
           had
           determined
           the
           Number
           of
           Persons
           ,
           or
           fixed
           the
           Bounds
           of
           Places
           within
           which
           those
           who
           were
           ordained
           to
           so
           holy
           a
           Function
           ,
           were
           to
           take
           care
           of
           the
           Souls
           committed
           to
           them
           ,
           there
           could
           have
           been
           no
           Dispute
           about
           it
           among
           those
           who
           owned
           their
           Authority
           .
           But
           their
           Business
           was
           to
           lay
           down
           the
           Qualifications
           of
           such
           as
           were
           fit
           to
           be
           imployed
           in
           it
           ;
           to
           set
           before
           them
           the
           Nature
           of
           their
           Duties
           ,
           and
           the
           Account
           they
           must
           give
           of
           the
           Discharge
           of
           them
           ;
           and
           to
           Exhort
           all
           such
           as
           under
           
           took
           it
           to
           a
           Watchfulness
           ,
           and
           Diligence
           in
           their
           Places
           ;
           but
           they
           never
           go
           about
           to
           limit
           the
           Precincts
           ,
           within
           which
           they
           were
           to
           Exercise
           the
           Duties
           incumbent
           upon
           them
           .
        
         
           When
           Churches
           were
           first
           planted
           in
           several
           Countries
           ,
           there
           could
           be
           no
           such
           things
           expected
           as
           
             Parochial
             Divisions
          
           ;
           for
           these
           were
           the
           Consequents
           of
           the
           General
           spreading
           of
           Christianity
           among
           the
           People
           .
           As
           is
           evident
           in
           the
           best
           Account
           we
           have
           of
           the
           Settlement
           of
           the
           
             Parochial
             Clergy
          
           among
           us
           ,
           after
           Christianity
           was
           received
           by
           the
           Saxons
           .
           Which
           was
           not
           done
           all
           at
           once
           ,
           but
           by
           several
           Steps
           and
           Degrees
           .
           It
           cannot
           be
           denied
           by
           any
           ,
           that
           are
           conversant
           in
           our
           Histories
           ,
           that
           the
           Nation
           was
           gradually
           converted
           from
           Paganism
           by
           the
           succesful
           Endeavours
           of
           some
           Bishops
           and
           their
           Clergy
           in
           the
           several
           Parts
           of
           England
           .
        
         
         
           Not
           by
           Commission
           from
           one
           Person
           (
           as
           is
           commonly
           supposed
           )
           but
           several
           Bishops
           came
           from
           several
           Places
           ,
           and
           applied
           themselves
           to
           this
           Excellent
           Work
           ,
           and
           God
           gave
           them
           considerable
           Success
           in
           it
           .
           Thus
           Bizinus
           did
           great
           Service
           among
           the
           
             West
             Saxons
          
           ;
           and
           Felix
           the
           Burgundian
           among
           the
           East-Saxons
           ;
           and
           the
           Northern
           Bishops
           in
           the
           Midland-Parts
           ,
           as
           well
           as
           Augustin
           and
           his
           Companions
           in
           the
           Kingdom
           of
           Kent
           .
           And
           in
           these
           Midland-parts
           ,
           as
           Christianity
           increased
           ,
           so
           the
           
             Bishops
             Sees
          
           were
           multiplied
           (
           Five
           out
           of
           One
           )
           and
           placed
           in
           the
           most
           convenient
           Distances
           for
           the
           further
           inlarging
           and
           establishing
           Christianity
           among
           the
           People
           .
           The
           Bishops
           were
           Resident
           in
           their
           own
           Sees
           ,
           and
           had
           their
           Clergy
           then
           about
           them
           ,
           whom
           they
           sent
           abroad
           ,
           as
           they
           saw
           cause
           ,
           to
           those
           Places
           where
           they
           had
           the
           
           fairest
           Hopes
           of
           Success
           .
           And
           according
           thereto
           they
           either
           continued
           or
           removed
           them
           ,
           having
           yet
           no
           fixed
           Cures
           or
           Titles
           .
           All
           the
           first
           Titles
           were
           no
           other
           than
           being
           entred
           in
           the
           Bishops
           Register
           ,
           as
           of
           his
           Clergy
           ,
           from
           which
           Relation
           none
           could
           discharge
           himself
           ,
           without
           the
           Bishop's
           Consent
           .
           But
           as
           yet
           the
           Clergy
           had
           no
           Titles
           to
           any
           particular
           Places
           ,
           there
           being
           no
           fixed
           Bounds
           of
           Parishes
           ,
           wherein
           any
           Persons
           were
           obliged
           to
           be
           Resident
           for
           the
           better
           Discharge
           of
           their
           Duties
           .
           This
           State
           of
           an
           Vnfixed
           and
           Itinerant
           Clergy
           was
           soon
           found
           to
           be
           very
           inconvenient
           ;
           and
           therefore
           all
           Incouragement
           was
           given
           ,
           where
           Christianity
           most
           prevailed
           ,
           for
           the
           building
           Churches
           at
           a
           convenient
           Distance
           from
           the
           Cathedral
           ,
           and
           setling
           a
           Number
           of
           Presbyters
           together
           there
           ,
           which
           were
           after
           called
           Collegiate-Churches
           ;
           and
           
           the
           Great
           and
           Devout
           Men
           of
           that
           Time
           gave
           them
           Liberal
           Endowments
           that
           they
           might
           the
           better
           attend
           the
           Service
           of
           God
           there
           ,
           and
           in
           the
           Countrey
           about
           them
           .
        
         
           But
           after
           that
           the
           several
           Parts
           grew
           to
           be
           more
           populous
           ,
           and
           Lords
           of
           Manors
           ,
           for
           the
           Conveniency
           of
           themselves
           and
           their
           Tenants
           ,
           were
           willing
           to
           erect
           Churches
           within
           their
           Precincts
           ,
           Laws
           were
           then
           made
           ,
           that
           they
           might
           detain
           one
           Share
           of
           the
           Tithes
           for
           the
           Supply
           of
           this
           New
           Church
           ;
           the
           other
           two
           remaining
           due
           to
           the
           
             Mother
             Church
          
           .
           And
           I
           can
           find
           nothing
           like
           any
           Allowance
           for
           the
           Lords
           of
           Manors
           to
           appropriate
           the
           other
           Two
           Parts
           as
           they
           thought
           fit
           .
           For
           those
           Manors
           themselves
           were
           but
           Parcels
           of
           larger
           Parishes
           ;
           and
           the
           Tithes
           were
           due
           from
           those
           Estates
           ,
           which
           were
           no
           part
           of
           their
           Manors
           ,
           and
           therefore
           they
           had
           nothing
           to
           do
           with
           them
           .
        
         
         
           But
           after
           the
           Norman
           Invasion
           ,
           the
           poor
           
             Parochial
             Clergy
          
           being
           Saxons
           ,
           and
           the
           Nobility
           and
           Bishops
           Normans
           ,
           they
           regarded
           not
           how
           much
           they
           reduced
           the
           Inferiour
           Clergy
           ,
           to
           enrich
           the
           Monasteries
           belonging
           to
           the
           Normans
           ,
           either
           at
           home
           or
           abroad
           .
           And
           this
           I
           take
           to
           be
           the
           true
           Reason
           of
           the
           Multitude
           of
           Appropriations
           of
           Two
           
             Thirds
             of
             the
             Tithes
          
           in
           the
           
             Norman
             Times
          
           ,
           and
           too
           often
           with
           the
           Consent
           of
           the
           Bishops
           ,
           who
           ought
           to
           have
           shewed
           more
           Regard
           to
           the
           Interest
           of
           the
           
             Parochial
             Clergy
          
           than
           they
           generally
           did
           .
           
        
         
           But
           of
           this
           I
           have
           discoursed
           more
           at
           large
           in
           one
           of
           the
           following
           Cases
           .
        
         
           In
           the
           latter
           end
           of
           the
           
             Saxon
             Times
          
           ,
           if
           we
           believe
           those
           called
           the
           
             Confessors
             Laws
          
           ,
           after
           all
           the
           Danish
           Devastations
           ,
           
             there
             were
             Three
             or
             Four
             Churches
             where
             there
             had
             been
             but
             One
             before
             .
          
           By
           which
           it
           appears
           that
           the
           
             Parochial
             Clergy
          
           
           were
           Numerous
           before
           the
           Conquest
           .
           And
           within
           this
           Diocess
           ,
           in
           Two
           Deanaries
           of
           it
           ,
           there
           are
           to
           be
           found
           in
           Doomsday-Book
           above
           Twenty
           Parish-Churches
           :
           In
           the
           Deanary
           of
           Warwick
           ,
           Ten
           ;
           and
           in
           the
           Deanary
           of
           Kingstone
           ,
           Fifteen
           :
           But
           of
           the
           former
           Seven
           were
           Appropriated
           in
           the
           
             Norman
             Times
          
           ;
           and
           of
           the
           latter
           ,
           Ten
           ;
           by
           which
           we
           may
           see
           to
           how
           low
           a
           Condition
           they
           then
           brought
           the
           
             Parochial
             Clergy
          
           .
           One
           Church
           in
           the
           former
           Deanary
           I
           find
           built
           in
           that
           time
           ,
           and
           that
           was
           at
           Exhal
           ;
           which
           was
           before
           a
           Chapel
           to
           Salford
           ,
           but
           was
           erected
           in
           the
           time
           of
           H.
           1.
           by
           the
           Lord
           of
           the
           Manor
           and
           Freeholders
           ,
           who
           gave
           the
           Glebe
           and
           Tithes
           ,
           as
           appears
           by
           the
           Confirmation
           of
           Simon
           Bishop
           of
           Worcester
           .
           Many
           other
           
             Parochial
             Churches
          
           ,
           I
           doubt
           not
           ,
           were
           built
           and
           endowed
           after
           the
           same
           manner
           ,
           although
           the
           Records
           of
           them
           are
           lost
           .
           And
           as
           Churches
           
           were
           new
           erected
           ,
           the
           Parochial
           Bounds
           were
           fixed
           ,
           that
           the
           People
           might
           certainly
           know
           whither
           they
           were
           to
           resort
           for
           Divine
           Worship
           ,
           who
           were
           bound
           to
           attend
           them
           as
           part
           of
           their
           Charge
           ,
           from
           whose
           Hands
           they
           were
           to
           receive
           the
           Holy
           Sacraments
           ,
           and
           whose
           Advice
           and
           Counsel
           they
           were
           to
           take
           in
           Matters
           which
           related
           to
           the
           Salvation
           of
           their
           Souls
           .
           Now
           here
           lies
           the
           main
           Difficulty
           with
           some
           People
           ;
           they
           cannot
           think
           that
           Parochial
           Bounds
           are
           to
           determine
           them
           in
           what
           concerns
           the
           Good
           of
           their
           Souls
           ;
           but
           if
           they
           can
           edifie
           more
           by
           the
           Parts
           and
           Gifts
           of
           another
           ,
           they
           conclude
           ,
           that
           it
           is
           their
           Duty
           to
           forsake
           their
           own
           Minister
           ,
           and
           go
           to
           such
           a
           one
           as
           they
           like
           .
           I
           meddle
           not
           with
           extraordinary
           Occasions
           of
           Absence
           ,
           nor
           with
           the
           Case
           of
           
             Scandalous
             Incumbents
          
           ,
           because
           it
           is
           the
           Peoples
           Fault
           if
           they
           be
           not
           prosecuted
           ,
           and
           the
           Place
           supplied
           by
           better
           
           Men.
           But
           the
           Case
           ,
           as
           it
           ought
           to
           be
           put
           ,
           is
           ,
           how
           far
           a
           Regard
           is
           to
           be
           shewed
           to
           a
           Constitution
           so
           much
           for
           the
           General
           Good
           ,
           as
           that
           of
           
             Parochial
             Communion
          
           is
           .
           We
           do
           not
           say
           ,
           That
           Mens
           Consciences
           are
           bound
           by
           Perambulations
           ,
           or
           that
           it
           is
           a
           Sin
           at
           any
           time
           to
           go
           to
           another
           Parish
           ;
           but
           we
           say
           ,
           That
           a
           constant
           fixed
           
             Parochial
             Communion
          
           ,
           tends
           more
           to
           preserve
           the
           Honour
           of
           God
           ,
           and
           the
           Religion
           Established
           among
           us
           ,
           to
           promote
           Peace
           and
           Vnity
           among
           Neighbours
           ,
           and
           to
           prevent
           the
           Mischief
           of
           Separation
           .
           And
           what
           advances
           so
           good
           Ends
           ,
           is
           certainly
           the
           best
           Means
           of
           Edification
           :
           Which
           lies
           not
           in
           moving
           the
           Fansie
           ,
           or
           warming
           the
           Passions
           ,
           but
           in
           what
           brings
           Men
           to
           a
           due
           Temper
           of
           Mind
           ,
           and
           a
           holy
           ,
           peaceable
           ,
           and
           unblameable
           Conversation
           .
           And
           as
           to
           these
           Excellent
           Ends
           ,
           it
           is
           not
           only
           your
           Duty
           with
           
           great
           Zeal
           and
           Diligence
           to
           perswade
           your
           People
           to
           them
           ;
           but
           to
           go
           before
           them
           your selves
           in
           the
           Practice
           of
           them
           .
           For
           they
           will
           never
           have
           any
           hearty
           Regard
           or
           Esteem
           for
           what
           any
           one
           says
           ,
           if
           they
           find
           him
           to
           contradict
           it
           in
           the
           Course
           of
           his
           Life
           .
           Suppose
           it
           be
           the
           Peoples
           Fault
           to
           shew
           so
           little
           Regard
           to
           your
           Profession
           ;
           yet
           you
           are
           bound
           to
           consider
           how
           far
           you
           may
           have
           given
           too
           much
           Occasion
           for
           it
           ,
           and
           their
           Fault
           can
           be
           no
           Excuse
           for
           you
           ,
           if
           any
           of
           your
           own
           were
           the
           true
           Occasion
           of
           theirs
           .
        
         
           We
           live
           in
           an
           Age
           wherein
           the
           Conversations
           of
           the
           Clergy
           are
           more
           observed
           than
           their
           Doctrines
           .
           Too
           many
           are
           busie
           in
           finding
           out
           the
           Faults
           of
           the
           Clergy
           ,
           the
           better
           to
           cover
           their
           own
           ;
           and
           among
           such
           
             Priest
             craft
          
           is
           become
           the
           most
           popular
           Argument
           for
           their
           Insidelity
           .
           If
           they
           could
           once
           make
           it
           appear
           ;
           
           that
           all
           Religion
           were
           nothing
           but
           a
           Cheat
           and
           Imposture
           of
           some
           cunning
           Men
           for
           their
           own
           Advantage
           ,
           who
           believed
           nothing
           of
           it
           themselves
           ;
           and
           that
           all
           the
           business
           of
           our
           Profession
           was
           to
           support
           such
           a
           Fraud
           in
           the
           World
           for
           our
           own
           Interest
           ,
           they
           were
           very
           excusable
           in
           their
           most
           bitter
           Invectives
           against
           such
           Priest-craft
           .
           For
           nothing
           is
           more
           to
           be
           abhorred
           by
           Men
           of
           Ingenuous
           Minds
           ,
           and
           Natural
           Probity
           ,
           than
           to
           be
           the
           Instruments
           of
           Deceiving
           Mankind
           in
           so
           gross
           a
           manner
           .
           But
           ,
           thanks
           be
           to
           God
           ,
           this
           is
           very
           far
           from
           being
           the
           Case
           among
           us
           ;
           for
           our
           Profession
           is
           built
           upon
           the
           Belief
           of
           God
           and
           Providence
           ,
           the
           Difference
           of
           Good
           and
           Evil
           ,
           and
           the
           Rewards
           and
           Punishments
           of
           another
           Life
           .
           If
           these
           things
           have
           no
           Foundations
           ,
           we
           are
           certain
           that
           the
           best
           ,
           and
           wisest
           ,
           and
           most
           disinterested
           Men
           in
           all
           Ages
           have
           been
           in
           the
           
           same
           Fundamental
           Mistakes
           .
           And
           it
           is
           now
           somewhat
           too
           late
           for
           any
           Persons
           to
           set
           up
           for
           Sagacity
           and
           true
           Iudgment
           in
           these
           Matters
           ,
           above
           all
           those
           of
           foregoing
           Ages
           .
           There
           is
           a
           mighty
           Difference
           between
           slight
           and
           superficial
           Reasonings
           ,
           (
           although
           some
           may
           be
           vain
           enough
           to
           cry
           them
           up
           for
           Oracles
           )
           and
           those
           which
           are
           built
           on
           the
           Nature
           of
           Things
           ,
           and
           have
           born
           the
           Test
           of
           so
           many
           Ages
           ,
           and
           remain
           still
           in
           the
           same
           Degree
           of
           Firmness
           and
           Strength
           ,
           notwithstanding
           all
           the
           Batteries
           of
           Profane
           and
           Atheistical
           Wits
           .
           For
           it
           cannot
           be
           denied
           ,
           that
           such
           there
           have
           been
           in
           former
           times
           as
           well
           as
           now
           ;
           but
           that
           makes
           more
           for
           the
           Advantage
           of
           Religion
           ,
           that
           our
           Modern
           Pretenders
           are
           fain
           to
           borrow
           from
           the
           old
           Stock
           ;
           and
           scarce
           any
           thing
           worth
           Answering
           hath
           been
           said
           by
           them
           ,
           but
           hath
           been
           often
           said
           ,
           and
           with
           more
           Force
           by
           their
           
           Masters
           .
           And
           the
           best
           Philosophers
           of
           this
           Age
           have
           given
           up
           the
           Cause
           of
           Atheism
           as
           indefensible
           ;
           so
           that
           the
           Being
           of
           God
           and
           Providence
           seems
           to
           be
           established
           by
           a
           General
           Consent
           ;
           and
           if
           any
           secretly
           be
           of
           another
           Mind
           ,
           they
           think
           it
           not
           for
           their
           Reputation
           to
           own
           it
           .
        
         
           The
           main
           Pretence
           now
           is
           against
           
             Revealed
             Religion
          
           ;
           but
           without
           offering
           to
           shew
           how
           so
           great
           and
           considerable
           a
           Part
           of
           Mankind
           as
           the
           
             Christian
             Church
          
           hath
           been
           made
           up
           of
           ,
           came
           to
           be
           so
           imposed
           upon
           ,
           as
           to
           a
           Doctrine
           which
           advances
           Morality
           to
           the
           greatest
           Height
           ,
           and
           gives
           Mankind
           the
           most
           assured
           Hopes
           of
           a
           Blessed
           Immortality
           ,
           when
           nothing
           like
           Interest
           and
           Design
           as
           to
           this
           World
           ,
           could
           be
           carried
           on
           by
           the
           First
           and
           Greatest
           Promoters
           of
           it
           .
           
           But
           we
           are
           told
           in
           a
           late
           Complaint
           made
           abroad
           by
           a
           Friend
           of
           our
           Deists
           
           (
           wherein
           I
           am
           particularly
           
           concerned
           )
           
             That
             we
             make
             Objections
             for
             them
             which
             are
             most
             easie
             to
             answer
             ,
             and
             pass
             over
             their
             most
             considerable
             Difficulties
             .
          
           Which
           is
           a
           very
           unjust
           Charge
           ,
           and
           cannot
           be
           made
           good
           but
           by
           producing
           those
           
             Considerable
             Difficulties
          
           which
           we
           have
           taken
           no
           Notice
           of
           .
           For
           my
           part
           ,
           I
           know
           of
           none
           such
           :
           and
           
             we
             make
             no
             Objections
             for
             them
          
           ;
           however
           ,
           we
           may
           think
           it
           our
           Duty
           to
           lay
           open
           the
           Weakness
           of
           them
           ,
           when
           we
           are
           importuned
           to
           do
           it
           ;
           which
           was
           my
           Case
           in
           the
           Treatise
           I
           suppose
           he
           refers
           to
           .
           If
           they
           keep
           their
           
             Considerable
             Difficulties
          
           to
           themselves
           .
           I
           know
           not
           how
           we
           should
           be
           able
           to
           answer
           them
           .
           But
           it
           is
           the
           common
           way
           in
           a
           baffled
           Cause
           still
           to
           pretend
           ,
           that
           the
           
             main
             Difficulties
          
           were
           not
           produced
           .
        
         
           But
           this
           is
           not
           a
           proper
           Occasion
           to
           insist
           lon●er
           on
           these
           Matters
           ;
           my
           present
           Business
           is
           to
           answer
           the
           Objection
           
           which
           immediately
           regards
           the
           Clergy
           ;
           and
           the
           Summ
           of
           it
           is
           ,
           That
           our
           Profession
           rather
           hinders
           than
           confirms
           the
           Belief
           of
           Religion
           ;
           
             because
             they
             who
             plead
             for
             what
             makes
             for
             their
             Interest
             ,
             are
             always
             suspected
             to
             be
             swayed
             more
             by
             Interest
             than
             by
             Reason
             .
          
           To
           give
           a
           full
           and
           clear
           Answer
           to
           this
           ,
           we
           must
           consider
           ,
           That
           however
           Mankind
           are
           apt
           to
           be
           swayed
           by
           Interest
           ,
           yet
           the
           Truth
           and
           Reason
           of
           Things
           do
           not
           at
           all
           depend
           upon
           them
           ;
           for
           a
           Thing
           is
           not
           true
           or
           false
           in
           it self
           ,
           because
           it
           makes
           for
           or
           against
           a
           Man
           ;
           and
           the
           Measures
           of
           judging
           Truth
           and
           Falshood
           ,
           are
           quite
           of
           another
           Nature
           ;
           and
           so
           Mens
           Interests
           come
           not
           into
           Consideration
           .
           So
           that
           in
           this
           Case
           they
           are
           not
           to
           examine
           whose
           Turn
           is
           served
           ,
           whether
           such
           a
           Thing
           be
           true
           or
           false
           ;
           but
           whether
           there
           be
           sufficient
           Evidence
           to
           convince
           an
           impartial
           Mind
           of
           the
           Truth
           of
           
           it
           ;
           for
           let
           the
           Reasons
           be
           produced
           by
           whom
           they
           please
           ,
           the
           Grounds
           of
           Conviction
           are
           the
           same
           .
           If
           a
           Man
           in
           a
           Dispute
           about
           Surveying
           a
           piece
           of
           Land
           ,
           which
           he
           claimed
           a
           Right
           to
           ,
           should
           appeal
           to
           the
           Elements
           of
           Geometry
           in
           his
           Case
           ,
           would
           the
           Evidence
           be
           less
           because
           he
           was
           concerned
           in
           the
           Land
           ?
        
         
           But
           we
           proceed
           farther
           ;
           Suppose
           it
           be
           for
           the
           Interest
           of
           Religion
           in
           a
           Nation
           ,
           for
           an
           Order
           of
           Men
           to
           be
           set
           apart
           on
           purpose
           to
           attend
           the
           Services
           of
           it
           ;
           and
           that
           there
           should
           be
           great
           Incouragements
           for
           their
           Education
           ;
           and
           a
           Maintenance
           set
           apart
           for
           their
           Subsistence
           afterwards
           ,
           that
           they
           may
           not
           live
           in
           Dependance
           on
           the
           Humours
           and
           uncertain
           Fancies
           of
           the
           People
           ;
           how
           can
           such
           a
           Constitution
           take
           off
           from
           the
           Credibility
           of
           that
           Religion
           which
           they
           are
           to
           support
           ?
           Was
           it
           any
           lessening
           to
           the
           Authority
           of
           the
           Law
           of
           Moses
           ,
           
           that
           the
           
             Tribe
             of
             Levi
          
           was
           so
           plentifully
           provided
           for
           by
           God's
           own
           Appointment
           ?
           They
           were
           
             to
             teach
             the
             Law
             to
             the
             People
          
           in
           the
           Places
           where
           they
           were
           dispersed
           among
           the
           several
           Tribes
           :
           And
           suppose
           it
           had
           been
           then
           said
           ,
           Why
           should
           we
           believe
           what
           you
           say
           ,
           when
           you
           live
           by
           it
           ?
           You
           have
           Cities
           ,
           and
           Lands
           ,
           and
           Tithes
           ,
           and
           Oblations
           ,
           and
           Dignities
           among
           you
           ;
           no
           wonder
           you
           set
           up
           this
           Law
           as
           Divine
           and
           Holy
           ;
           but
           we
           get
           nothing
           by
           it
           ,
           but
           part
           with
           a
           Share
           of
           our
           Profits
           to
           maintain
           you
           ?
           What
           then
           ?
           Was
           the
           Law
           therefore
           false
           ,
           and
           Moses
           an
           Impostor
           ?
           These
           are
           hard
           Consequences
           ,
           but
           they
           naturally
           follow
           from
           such
           a
           Supposition
           .
           And
           if
           such
           an
           Inference
           were
           not
           reasonable
           then
           ,
           neither
           will
           it
           appear
           to
           be
           so
           now
           .
        
         
           But
           we
           do
           not
           pretend
           that
           the
           Parochial
           Settlement
           of
           our
           Clergy
           is
           by
           such
           a
           Divine
           Law
           as
           the
           Levitical
           
           Priesthood
           was
           ;
           but
           this
           we
           do
           insist
           upon
           ,
           That
           the
           Christian
           Religion
           being
           owned
           and
           established
           in
           the
           Nation
           ,
           there
           was
           a
           necessary
           Reason
           from
           the
           Nature
           of
           it
           ,
           and
           the
           Obligation
           to
           Preserve
           and
           Support
           it
           ,
           that
           there
           should
           be
           an
           Order
           of
           Men
           set
           apart
           for
           that
           End
           ,
           that
           they
           should
           instruct
           the
           People
           in
           it
           ,
           and
           perform
           the
           several
           Offices
           belonging
           to
           it
           ;
           and
           that
           a
           sufficient
           Maintenance
           be
           allowed
           them
           by
           the
           Law
           of
           the
           Land
           to
           support
           them
           in
           doing
           their
           Duties
           .
           And
           I
           appeal
           to
           any
           Men
           of
           Sense
           or
           of
           common
           Vnderstanding
           ,
           whether
           on
           Supposition
           that
           our
           Religion
           is
           true
           ,
           these
           be
           not
           very
           just
           and
           reasonable
           Things
           ?
           How
           then
           can
           that
           make
           a
           Religion
           suspected
           to
           be
           false
           ,
           which
           are
           very
           reasonable
           ,
           supposing
           it
           to
           be
           true
           ?
           If
           it
           be
           true
           ,
           as
           most
           certainly
           it
           is
           ,
           are
           not
           they
           bound
           to
           maintain
           it
           to
           be
           true
           ?
           And
           can
           it
           
           be
           the
           less
           so
           ,
           because
           their
           Subsistence
           depends
           upon
           it
           ?
           Therefore
           all
           the
           Impertinent
           Talk
           of
           
             our
             Profession
             being
             a
             Trade
          
           ,
           can
           signifie
           nothing
           to
           any
           Men
           that
           understand
           the
           Difference
           between
           Scarron
           and
           Euclid
           ,
           or
           the
           way
           of
           Burlesquing
           and
           of
           Demonstration
           .
        
         
           There
           is
           still
           one
           common
           Prejudice
           to
           be
           removed
           ,
           and
           that
           is
           ,
           
             That
             too
             many
             of
             those
             who
             preach
             up
             our
             Religion
             ,
             as
             true
             ,
             do
             not
             live
             as
             if
             they
             believed
             it
             to
             be
             so
             .
          
           We
           are
           very
           sorry
           ,
           there
           should
           be
           any
           Occasion
           given
           for
           such
           a
           Reproach
           as
           this
           ;
           and
           we
           hope
           there
           are
           not
           so
           many
           Instances
           of
           it
           ,
           as
           some
           would
           have
           it
           believed
           .
           
             Woe
             be
             to
             those
             by
             whom
             such
             Offences
             come
             .
          
           But
           supposing
           the
           Instances
           true
           ,
           is
           there
           any
           Religion
           in
           the
           World
           ,
           considering
           the
           Follies
           and
           Infirmities
           of
           Mankind
           ,
           which
           can
           secure
           all
           the
           Professors
           of
           it
           from
           acting
           against
           
           the
           Rules
           of
           it
           ?
           But
           if
           such
           Instances
           are
           sufficiently
           proved
           ,
           there
           ought
           to
           be
           the
           greater
           Severity
           used
           in
           such
           Cases
           ;
           because
           Religion
           it self
           ,
           as
           well
           as
           the
           Honour
           of
           our
           Church
           ,
           suffers
           so
           much
           by
           them
           .
        
         
           
             But
             it
             will
             still
             be
             said
             ,
          
           That
           these
           Persons
           are
           secret
           Infidels
           ,
           and
           believe
           nothing
           of
           what
           they
           profess
           .
        
         
           This
           is
           another
           Point
           ,
           how
           far
           bad
           Lives
           are
           consistent
           with
           sound
           Opinions
           :
           Some
           that
           think
           that
           Men
           act
           consistently
           ,
           will
           not
           allow
           that
           Bad
           Men
           can
           be
           any
           other
           than
           meer
           Infidels
           ;
           but
           others
           who
           consider
           the
           Prevalency
           of
           Mens
           Lusts
           and
           Passions
           over
           their
           Reasons
           ,
           are
           apt
           to
           think
           that
           they
           may
           retain
           their
           good
           Opinions
           ,
           even
           when
           they
           act
           contrary
           to
           them
           :
           But
           then
           their
           Consciences
           fly
           in
           their
           Faces
           ,
           and
           they
           condemn
           themselves
           for
           their
           evil
           Actions
           .
           And
           then
           these
           very
           
           Instances
           are
           an
           Argument
           against
           Infidelity
           ;
           for
           we
           may
           justly
           presume
           ,
           that
           they
           would
           shake
           off
           their
           Fears
           of
           another
           World
           ,
           if
           they
           could
           .
           But
           why
           should
           some
           Instances
           of
           this
           Nature
           signifie
           more
           against
           Religion
           ,
           than
           the
           many
           Remarkable
           Examples
           of
           a
           
             Godly
             ,
             Righteous
             and
             Sober
             Life
          
           among
           the
           Clergy
           ,
           to
           a
           stronger
           Confirmation
           of
           it
           ?
           For
           they
           have
           had
           greater
           Occasion
           of
           searching
           into
           all
           the
           
             Considerable
             Difficulties
          
           about
           Religion
           ,
           than
           others
           can
           pretend
           to
           ;
           and
           I
           do
           not
           know
           any
           that
           have
           imployed
           most
           Time
           and
           Pains
           about
           it
           ,
           but
           have
           had
           greater
           Satisfaction
           as
           to
           the
           Truth
           and
           Excellency
           of
           it
           .
        
         
           Thus
           I
           have
           endeavoured
           to
           remove
           the
           most
           common
           Prejudices
           of
           our
           Times
           ,
           against
           our
           Profession
           .
           It
           would
           now
           be
           proper
           for
           me
           to
           give
           some
           particular
           Directions
           to
           you
           ,
           but
           that
           is
           so
           much
           the
           business
           
           of
           the
           following
           Discourses
           ,
           that
           I
           shall
           refer
           you
           to
           them
           ;
           and
           commend
           you
           to
           the
           Grace
           and
           Blessing
           of
           Almighty
           God
           ,
           that
           you
           may
           so
           carefully
           discharge
           your
           Duties
           in
           this
           World
           ,
           that
           it
           may
           advance
           your
           Happiness
           in
           another
           .
           I
           am
        
         
           
             Your
             Affectionate
             Friend
             and
             Brother
             
               EDW.
               WIGORN
            
             .
          
           
             Hartlebury
             C.
             
             
               Apr.
               23.
               1698.
               
            
          
        
      
       
         
           ERRATA
           .
        
         
           
             PReface
             ,
             pag.
             viii
             .
             lin
             .
             7.
             read
          
           Birinus
           .
           
             p.
             xii
             .
             l.
             7.
             r.
          
           Kington
           .
           
             P.
             26.
             l.
             21.
             after
          
           fraudes
           add
           &
           .
           
             p.
             126.
             l.
             11.
             r.
          
           Birinus
           .
           
             p.
             129.
             l.
             9.
             r.
          
           Wulstan
           .
           
             p.
             142.
             l.
             7.
             r.
          
           Flocks
           they
           go
           to
           .
           
             p.
             157.
             l.
             17.
             after
          
           but
           ,
           insert
           to
           perswade
           you
           .
           
             p.
             226.
             l.
             5.
             for
          
           more
           r.
           meer
           .
           
             p.
             236.
             l.
             9.
             for
          
           Titles
           r.
           Tithes
           .
           
             p.
             241.
             l.
             9.
             r.
          
           A●b●rdus
           .
           
             p.
             254.
             l.
             17.
             r.
          
           Guthrun
           .
           
             p.
             256.
             l.
             17.
             for
          
           than
           r.
           as
           .
        
      
       
         
         
           THE
           CONTENTS
           .
        
         
           
             CASE
             I.
             
          
           
             THE
             Bishop
             of
             Worcester's
             Charge
             to
             the
             Clergy
             of
             his
             Diocess
             ,
             in
             his
             Primary
             Visitation
             ,
             
               &c.
               p.
            
             1.
             
          
        
         
           
             II.
             
          
           
             Of
             the
             Nature
             of
             the
             Trust
             committed
             to
             the
             Parochial
             Clergy
             ,
             
               &c.
               p.
            
             103.
             
          
        
         
           
             III.
             
          
           
             Of
             the
             particular
             Duties
             of
             the
             Parochial
             Clergy
             ,
             
               &c.
               p.
            
             175.
             
          
        
         
           
             IV.
             
          
           
             Of
             the
             Maintenance
             of
             the
             Parochial
             Clergy
             by
             Law
             ,
             p.
             229.
             
          
        
         
           
             V.
             
          
           
             Of
             the
             Obligation
             to
             observe
             the
             Ecclesiastical
             Canons
             and
             Constitutions
             ,
             
               &c.
               p.
            
             325.
             
          
           
             To
             which
             is
             annexed
             a
             Discourse
             concerning
             Bonds
             of
             Resignation
             ,
             &c.
             
          
        
      
       
         
         
           A
           Catalogue
           of
           Books
           published
           by
           the
           Right
           Reverend
           Father
           in
           God
           ,
           Edward
           Lord
           Bishop
           of
           Worcester
           ,
           and
           sold
           by
           Henry
           Mortlock
           at
           the
           Phoenix
           in
           St.
           Paul's
           Church-Yard
           .
        
         
           A
           Rational
           Account
           of
           the
           Grounds
           of
           the
           Protestant
           Religion
           ;
           being
           a
           Vindication
           of
           the
           Lord
           Archbishop
           of
           
           Canterbury's
           Relation
           of
           a
           Conference
           ,
           &c.
           from
           the
           pretended
           Answer
           of
           
             T.
             C.
          
           The
           second
           Edition
           .
           Folio
           .
        
         
           
             Origines
             Britannicae
          
           ,
           or
           the
           Antiquities
           of
           the
           British
           Churches
           ,
           with
           a
           Preface
           concerning
           some
           pretended
           Antiquities
           relating
           to
           Britain
           ,
           in
           Vindication
           of
           the
           Bishop
           of
           St.
           
             Asaph
             .
             Folio
          
           .
        
         
           Irenicum
           ,
           A
           Weapon-Salve
           for
           the
           Churches
           Wounds
           .
           Quarto
           .
        
         
           
             Origines
             Sacrae
          
           :
           or
           a
           Rational
           Account
           of
           the
           Grounds
           of
           Christian
           Faith
           ,
           as
           to
           the
           Truth
           and
           Divine
           Authority
           of
           the
           Scriptures
           ,
           and
           the
           Matters
           therein
           contained
           .
           The
           Fifth
           Edition
           ,
           corrected
           and
           amended
           .
           Quarto
           .
        
         
           The
           Unreasonableness
           of
           Separation
           ,
           or
           an
           impartial
           Account
           of
           the
           History
           ,
           Nature
           and
           Pleas
           of
           the
           present
           Separation
           from
           the
           Communion
           of
           the
           Church
           of
           
             England
             .
             Quarto
          
           .
        
         
           A
           Discourse
           concerning
           the
           Idolatry
           practised
           in
           the
           Church
           of
           Rome
           ,
           and
           the
           hazard
           of
           Salvation
           in
           the
           Communion
           of
           it
           ,
           in
           Answer
           to
           some
           Papers
           of
           a
           revolted
           Protestant
           ,
           wherein
           a
           particular
           Account
           is
           given
           of
           the
           Fanaticism
           and
           Divisions
           of
           that
           Church
           .
           Octavo
           .
        
         
           An
           Answer
           to
           several
           late
           Treatises
           occasioned
           by
           a
           Book
           ,
           entitled
           ,
           A
           Discourse
           concerning
           the
           Idolatry
           practised
           of
           the
           Church
           of
           Rome
           ,
           and
           the
           hazard
           of
           Salvation
           in
           the
           Communion
           of
           it
           :
           Part
           I.
           Octavo
           .
        
         
           A
           Second
           Discourse
           in
           Vindication
           of
           the
           Protestant
           Grounds
           of
           Faith
           ,
           against
           the
           Pretence
           of
           Infallibility
           in
           the
           Church
           of
           Rome
           ,
           in
           answer
           to
           the
           Guide
           in
           Controversie
           ,
           by
           
             R.
             H.
          
           Protestancy
           without
           Principles
           ,
           and
           Reason
           ,
           and
           Religion
           ;
           or
           the
           certain
           Rule
           
           of
           Faith
           ,
           by
           
             E.
             W.
          
           With
           a
           particular
           Enquiry
           into
           the
           Miracles
           of
           the
           Roman
           Church
           .
           Octavo
           .
        
         
           An
           Answer
           to
           Mr.
           
           Cressy's
           Epistle
           Apologetical
           to
           a
           Person
           of
           Honour
           ,
           touching
           his
           Vindication
           of
           Dr.
           
             Stillingfleet
             .
             Octavo
          
           .
        
         
           A
           Defence
           of
           the
           Discourse
           concerning
           the
           Idolatry
           practised
           in
           the
           Church
           of
           Rome
           ,
           in
           Answer
           to
           a
           Book
           entitled
           ,
           Catholicks
           no
           Idolaters
           .
           Octavo
           .
        
         
           Several
           Conferences
           between
           a
           Romish
           Priest
           ,
           a
           Fanatick
           Chaplain
           ,
           and
           a
           Divine
           of
           the
           Church
           of
           England
           ;
           being
           a
           full
           Answer
           to
           the
           late
           Dialogues
           of
           
             T.
             G.
             Octavo
          
           .
        
         
           The
           Council
           of
           Trent
           Examin'd
           and
           Disprov'd
           by
           Catholick
           Tradition
           ,
           in
           the
           main
           Points
           in
           Controversie
           between
           Us
           and
           the
           Church
           of
           Rome
           ;
           with
           a
           particular
           Account
           of
           the
           Times
           and
           Occasions
           of
           Introducing
           them
           .
        
         
           A
           Discourse
           concerning
           the
           Doctrine
           of
           Christ's
           Satisfaction
           ;
           or
           the
           true
           Reasons
           of
           his
           Sufferings
           ,
           with
           an
           Answer
           to
           the
           Socinian
           Objections
           ,
           and
           a
           Preface
           concerning
           the
           true
           State
           of
           the
           Controversie
           about
           Christ's
           Satisfaction
           .
           Octavo
           .
           Second
           Edition
           .
        
         
           A
           Discourse
           in
           Vindication
           of
           the
           Doctrine
           of
           the
           Trinity
           :
           with
           an
           Answer
           to
           the
           late
           Socinian
           Objections
           against
           it
           ,
           from
           Scripture
           ,
           Antiquity
           and
           Reason
           :
           And
           a
           Preface
           concerning
           the
           different
           Explication
           of
           the
           Trinity
           ,
           and
           the
           Tendency
           of
           the
           present
           Socinian
           Controversie
           .
           Octavo
           .
           Second
           Edition
           .
        
         
           The
           Bishop
           of
           
           Worcester's
           Answer
           to
           Mr.
           
           Locke's
           Letter
           concerning
           some
           Passages
           relating
           to
           his
           Essay
           of
           Humane
           Understanding
           ,
           mention'd
           in
           the
           late
           Discourse
           in
           Vindication
           of
           the
           Trinity
           .
           Octavo
           .
        
         
           The
           Bishop
           of
           
           Worcester's
           Answer
           to
           Mr.
           
           Locke's
           Second
           Letter
           ,
           wherein
           his
           Notion
           of
           Idea's
           is
           proved
           to
           be
           inconsistent
           with
           it self
           ,
           and
           with
           the
           Articles
           of
           the
           Christian
           Faith.
           Octavo
           .
        
         
           Sermons
           preached
           upon
           several
           Occasions
           ,
           in
           three
           Volumes
           in
           Octavo
           .
        
         
           The
           Effigies
           of
           the
           Right
           Reverend
           Father
           in
           God
           ,
           Edward
           Lord
           Bishop
           of
           Worcester
           ,
           Engraven
           on
           a
           Copper-Plate
           .
           Price
           6
           d.
           
        
      
    
     
       
         
         
           THE
           BISHOP
           OF
           WORCESTER'S
           CHARGE
           TO
           THE
           CLERGY
           of
           his
           DIOCESE
           ,
           In
           his
           Primary
           Visitation
           ,
           begun
           at
           Worcester
           ,
           September
           
             11
             th
             .
             1690.
             
          
        
         
           
             My
             Brethren
             ,
          
        
         
           THIS
           being
           my
           
             Primary
             Visitation
          
           ,
           I
           thought
           it
           fitting
           to
           acquaint
           my self
           with
           the
           Ancient
           as
           well
           as
           Modern
           Practice
           of
           
             Episcopal
             Visitations
          
           ,
           and
           as
           near
           as
           
           I
           could
           ,
           to
           observe
           the
           Rules
           prescribed
           therein
           ,
           with
           respect
           to
           the
           Clergy
           ,
           who
           are
           now
           summoned
           to
           appear
           .
           And
           I
           find
           there
           were
           two
           principal
           Parts
           in
           them
           ,
           a
           Charge
           and
           an
           Enquiry
           .
        
         
           The
           Charge
           was
           given
           by
           the
           Bishop
           himself
           ,
           
           and
           was
           called
           
             Admonitio
             Episcopi
          
           ,
           or
           Allocutio
           ;
           wherein
           he
           informed
           them
           of
           their
           Duty
           ,
           
           and
           exhorted
           them
           to
           perform
           it
           .
        
         
           The
           Enquiry
           was
           made
           according
           to
           certain
           Articles
           drawn
           out
           of
           the
           Canons
           ,
           which
           were
           generally
           the
           same
           ;
           
           according
           to
           which
           the
           
             Iuratores
             Synodi
          
           (
           as
           the
           ancient
           Canonists
           call
           them
           ;
           
           or
           
             Testes
             Synodales
          
           )
           were
           to
           give
           in
           their
           Answers
           upon
           Oath
           ;
           
           which
           was
           therefore
           called
           
             Iuramentum
             Synodale
          
           ;
           for
           the
           
             Bishop's
             Visitation
          
           was
           accounted
           an
           
             Episcopal
             Synod
          
           .
        
         
           The
           former
           of
           these
           is
           my
           present
           business
           ;
           and
           I
           shall
           take
           leave
           to
           speak
           my
           Mind
           freely
           to
           you
           ,
           this
           
           first
           time
           ,
           concerning
           several
           things
           which
           I
           think
           most
           useful
           ,
           and
           fit
           to
           be
           considered
           and
           practised
           by
           the
           Clergy
           of
           this
           Diocese
           .
        
         
           For
           ,
           since
           it
           hath
           pleased
           God
           ,
           by
           his
           wise
           and
           over-ruling
           Providence
           ,
           (
           without
           my
           seeking
           )
           to
           bring
           me
           into
           this
           Station
           in
           his
           Church
           ,
           I
           shall
           esteem
           it
           the
           best
           Circumstance
           of
           my
           present
           Condition
           ,
           if
           he
           please
           to
           make
           me
           an
           Instrument
           of
           
             doing
             good
          
           among
           you
           .
           To
           this
           end
           ,
           I
           thought
           it
           necessary
           
             in
             the
             first
             place
          
           ,
           most
           humbly
           to
           implore
           his
           Divine
           Assistance
           ,
           that
           I
           might
           both
           rightly
           understand
           ,
           and
           conscientiously
           perform
           that
           great
           Duty
           which
           is
           incumbent
           upon
           me
           ;
           for
           without
           his
           help
           ,
           all
           our
           Thoughts
           are
           vain
           ,
           and
           our
           best
           Purposes
           will
           be
           ineffectual
           .
           But
           God
           is
           not
           wanting
           to
           those
           who
           sincerely
           endeavour
           to
           know
           ,
           and
           to
           do
           their
           Duty
           ;
           and
           therefore
           in
           the
           
             next
             place
          
           ,
           I
           set
           my self
           (
           as
           far
           as
           my
           Health
           and
           other
           
           Occasions
           would
           permit
           )
           to
           consider
           the
           Nature
           and
           Extent
           of
           my
           Duty
           ;
           with
           a
           Resolution
           not
           to
           be
           discouraged
           ,
           altho
           I
           met
           with
           Difficulties
           in
           the
           Performance
           of
           it
           .
           For
           such
           is
           the
           State
           and
           Condition
           of
           the
           World
           ,
           That
           no
           Man
           can
           design
           to
           to
           do
           good
           in
           it
           ;
           but
           when
           that
           crosses
           the
           particular
           Interests
           and
           Inclinations
           of
           others
           ,
           he
           must
           expect
           to
           meet
           with
           as
           much
           Trouble
           as
           their
           unquiet
           Passions
           can
           give
           him
           .
        
         
           If
           we
           therefore
           consulted
           nothing
           but
           our
           own
           Ease
           ,
           the
           only
           way
           were
           to
           let
           People
           follow
           their
           Humours
           and
           Inclinations
           ,
           and
           to
           be
           as
           little
           concerned
           as
           might
           be
           ,
           at
           what
           they
           either
           say
           or
           do
           .
           For
           if
           we
           go
           about
           to
           rowze
           and
           awaken
           them
           ,
           and
           much
           more
           to
           reprove
           and
           reform
           them
           ,
           we
           shall
           soon
           find
           them
           uneasie
           and
           impatient
           ;
           for
           few
           love
           to
           hear
           of
           their
           Faults
           ,
           and
           fewer
           to
           amend
           them
           .
        
         
         
           But
           it
           is
           the
           peculiar
           Honour
           of
           
             the
             Christian
             Religion
          
           ,
           to
           have
           an
           Order
           of
           Men
           set
           apart
           ,
           not
           meerly
           as
           Priests
           ,
           to
           offer
           Sacrifices
           (
           for
           that
           all
           Religions
           have
           had
           )
           but
           as
           
             Preachers
             of
             Righteousness
          
           ,
           to
           set
           Good
           and
           Evil
           before
           the
           People
           committed
           to
           their
           Charge
           ;
           to
           inform
           them
           of
           their
           Duties
           ,
           to
           reprove
           them
           for
           their
           Miscarriages
           ;
           and
           that
           ,
           not
           in
           order
           to
           their
           Shame
           ,
           but
           their
           Reformation
           :
           Which
           requires
           not
           only
           Zeal
           ,
           but
           Discretion
           ,
           and
           a
           great
           Mixture
           of
           Courage
           and
           Prudence
           ,
           that
           we
           may
           neither
           fail
           in
           doing
           our
           Duty
           ,
           nor
           in
           the
           best
           means
           of
           attaining
           the
           end
           of
           it
           .
        
         
           If
           we
           could
           reasonably
           suppose
           ,
           that
           all
           those
           who
           are
           bound
           to
           tell
           others
           their
           Duties
           ,
           would
           certainly
           do
           their
           own
           ,
           there
           would
           be
           less
           need
           of
           any
           such
           Office
           in
           the
           Church
           as
           that
           of
           Bishops
           ;
           who
           are
           to
           inspect
           ,
           and
           govern
           ,
           and
           visit
           ,
           and
           reform
           
           those
           who
           are
           
             to
             watch
          
           over
           others
           .
           But
           since
           there
           may
           be
           too
           great
           failings
           even
           in
           these
           ;
           too
           great
           neglect
           in
           some
           ,
           and
           disorder
           in
           others
           ;
           too
           great
           proneness
           to
           Faction
           and
           Schism
           ,
           and
           impatience
           of
           Contradiction
           from
           mere
           Equals
           ;
           therefore
           St.
           Ierom
           himself
           grants
           ,
           That
           to
           avoid
           these
           Mischiefs
           ,
           there
           was
           a
           necessity
           of
           a
           Superiour
           
             Order
             to
             Presbyters
          
           in
           the
           
             Church
             of
             God
          
           ;
           
           
             ad
             quem
             omnis
             Ecclesiae
             cura
             pertineret
             ,
          
           
           
             &
             Schismatum
             semina
             tollerentur
          
           ;
           as
           he
           speaks
           ,
           even
           where
           he
           seems
           most
           to
           lessen
           the
           Authority
           of
           Bishops
           .
           But
           whatever
           some
           Expressions
           of
           his
           may
           be
           ,
           (
           when
           the
           Bishop
           of
           Ierusalem
           and
           the
           
             Roman
             Deacons
          
           came
           into
           his
           head
           )
           his
           Reasons
           are
           very
           much
           for
           the
           Advantage
           of
           Episcopal
           Government
           .
           For
           can
           any
           Man
           say
           more
           in
           point
           of
           Reason
           for
           it
           ,
           than
           
             that
             nothing
             but
             Faction
             and
             Disorder
             followed
             the
             Government
             of
             Presbyters
             ,
             and
             therefore
             
             the
             whole
             Christian
             Church
             agreed
             in
             the
             necessity
             of
             a
             higher
             Order
             ,
          
           
           
             and
             that
             the
             Peace
             and
             Safety
             of
             the
             Church
             depends
             upon
             it
             ;
             that
             if
             it
             be
             taken
             away
             ,
             nothing
             but
             Schisms
             and
             Confusions
             will
             follow
             .
          
           I
           wish
           those
           who
           magnifie
           S.
           
           Ierom's
           Authority
           in
           
             this
             matter
          
           ,
           would
           submit
           to
           his
           Reason
           and
           Authority
           both
           ,
           as
           to
           the
           Necessity
           and
           Usefulness
           of
           the
           Order
           of
           Bishops
           in
           the
           Church
           .
        
         
           But
           beyond
           this
           ,
           in
           several
           places
           ,
           
           he
           makes
           the
           
             Bishops
             to
             be
             Successors
             of
             the
             Apostles
             ,
          
           
           as
           well
           as
           the
           rest
           of
           the
           most
           Eminent
           Fathers
           of
           the
           Church
           have
           done
           .
           
           If
           the
           
             Apostolical
             Office
          
           ,
           
           as
           far
           as
           it
           concerns
           the
           Care
           and
           Government
           of
           Churches
           ,
           
           were
           not
           to
           continue
           after
           their
           Decease
           ,
           
           how
           came
           the
           best
           ,
           the
           most
           learned
           ,
           the
           nearest
           to
           the
           Apostolical
           Times
           ,
           to
           be
           so
           wonderfully
           deceiv'd
           ?
           For
           if
           the
           Bishops
           did
           not
           succeed
           by
           the
           Apostles
           own
           Appointment
           ,
           they
           must
           be
           Intruders
           and
           Usurpers
           of
           the
           Apostolical
           
           Function
           ;
           and
           can
           we
           imagine
           the
           Church
           of
           God
           would
           have
           so
           universally
           consented
           to
           it
           ?
           Besides
           ,
           the
           Apostles
           did
           not
           die
           all
           at
           once
           ;
           but
           there
           were
           Successors
           in
           several
           of
           the
           
             Apostolical
             Churches
          
           ,
           while
           some
           of
           the
           Apostles
           were
           living
           :
           Can
           we
           again
           imagine
           ,
           those
           would
           not
           have
           vindicated
           
             the
             Right
          
           of
           their
           own
           Order
           ,
           and
           declared
           to
           the
           Church
           ,
           That
           
             this
             Office
          
           was
           peculiar
           to
           themselves
           ?
           The
           Change
           of
           the
           Name
           from
           Apostles
           to
           Bishops
           ,
           would
           not
           have
           been
           sufficient
           Excuse
           for
           them
           ;
           for
           the
           Presumption
           had
           been
           as
           great
           in
           the
           Exercise
           of
           the
           Power
           without
           the
           Name
           .
           So
           that
           I
           can
           see
           no
           Medium
           ,
           but
           that
           either
           the
           Primitive
           Bishops
           did
           succeed
           the
           Apostles
           by
           
             their
             own
             Appointment
          
           and
           Approbation
           ,
           
           (
           which
           Irenaeus
           expresly
           affirms
           ,
           
             Qui
             ab
             Apostolis
             ipsis
             instituti
             sunt
             Episcopi
             in
             Ecclesiis
             )
          
           or
           else
           those
           who
           governed
           the
           Apostolical
           
           Churches
           after
           them
           ,
           out-went
           Diotrephes
           himself
           ;
           for
           he
           only
           rejected
           those
           whom
           the
           Apostles
           sent
           ;
           but
           these
           assumed
           to
           themselves
           the
           Exercise
           of
           an
           Apostolical
           Authority
           over
           the
           Churches
           planted
           and
           setled
           by
           them
           .
           
        
         
           But
           to
           let
           us
           see
           how
           far
           the
           Apostles
           were
           from
           thinking
           that
           this
           Part
           of
           their
           Office
           was
           peculiar
           to
           themselves
           ,
           we
           find
           them
           in
           their
           own
           time
           ,
           as
           they
           saw
           occasion
           ,
           to
           appoint
           others
           to
           take
           care
           of
           the
           Government
           of
           the
           Churches
           ,
           within
           such
           bounds
           as
           they
           thought
           fit
           .
           Thus
           Timothy
           was
           appointed
           by
           St.
           Paul
           at
           Ephesus
           ,
           
           to
           examine
           the
           Qualifications
           of
           such
           as
           were
           to
           be
           Ordained
           ;
           
             and
             not
             to
             lay
             hands
             suddenly
             on
             any
             ;
             to
             receive
             Accusations
             ,
          
           
           if
           there
           were
           cause
           ,
           
           even
           
             against
             Elders
          
           ;
           to
           proceed
           judicially
           
             before
             two
             or
             three
             Witnesses
          
           :
           and
           if
           there
           were
           Reason
           ,
           to
           give
           
             them
             a
             publick
             Rebuke
          
           .
           
           And
           
           that
           this
           ought
           not
           to
           be
           thought
           a
           
             slight
             matter
          
           ,
           
           he
           presently
           adds
           ,
           
             I
             charge
             thee
             before
             God
             ,
             and
             the
             Lord
             Iesus
             Christ
             ,
             and
             the
             elect
             Angels
             ,
             that
             thou
             observe
             these
             things
             ,
             without
             preferring
             one
             before
             another
             ,
             doing
             nothing
             by
             partiality
             .
          
           Here
           is
           a
           very
           strict
           and
           severe
           Charge
           for
           the
           Impartial
           Exercise
           of
           Discipline
           in
           the
           Church
           upon
           Offenders
           .
           And
           although
           in
           the
           Epistle
           to
           Titus
           ,
           
           he
           be
           only
           in
           general
           required
           
             to
             set
             in
             order
             the
             things
             that
             are
             wanting
             ,
             and
             to
             ordain
             Elders
             in
             every
             City
             ,
             as
             he
             had
             appointed
             him
          
           ;
           yet
           we
           are
           not
           to
           suppose
           ,
           that
           this
           Power
           extended
           not
           to
           a
           Iurisdiction
           over
           them
           when
           he
           had
           Ordained
           them
           .
           For
           if
           any
           of
           those
           whom
           he
           Ordained
           (
           as
           believing
           them
           qualified
           according
           to
           the
           Apostles
           Rules
           )
           should
           afterwards
           demean
           themselves
           otherwise
           ,
           and
           be
           
             self-willed
             ,
             froward
             ,
             given
             to
             Wine
             ,
             Brawlers
             ,
             Covetous
             ,
          
           or
           any
           way
           scandalous
           
           to
           the
           Church
           ,
           can
           we
           believe
           that
           Titus
           was
           not
           as
           well
           bound
           to
           correct
           them
           afterwards
           ,
           as
           to
           examine
           them
           before
           ?
           And
           what
           was
           this
           Power
           of
           Ordination
           and
           Iurisdiction
           ,
           but
           the
           very
           same
           which
           the
           Bishops
           have
           exercised
           ever
           since
           the
           Apostles
           Times
           ?
           But
           they
           who
           go
           about
           to
           
             Unbishop
             Timothy
          
           and
           Titus
           ,
           may
           as
           well
           
             Unscripture
             the
             Epistles
          
           that
           were
           written
           to
           them
           ;
           and
           make
           them
           only
           some
           particular
           and
           
             occasional
             Writings
          
           ,
           as
           they
           make
           Timothy
           and
           Titus
           to
           have
           been
           only
           some
           particular
           and
           
             occasional
             Officers
          
           .
           But
           
             the
             Christian
             Church
          
           preserving
           these
           Epistles
           ,
           as
           of
           constant
           and
           perpetual
           use
           ,
           did
           thereby
           suppose
           the
           same
           kind
           of
           Office
           to
           continue
           ,
           for
           the
           sake
           whereof
           those
           excellent
           Epistles
           were
           written
           :
           And
           we
           have
           no
           greater
           Assurance
           that
           these
           Epistles
           were
           written
           by
           St.
           Paul
           ,
           than
           we
           have
           that
           there
           were
           Bishops
           to
           succeed
           the
           
           Apostles
           in
           the
           Care
           and
           Government
           of
           Churches
           .
        
         
           Having
           said
           thus
           much
           to
           clear
           the
           Authority
           we
           act
           by
           ,
           I
           now
           proceed
           to
           consider
           the
           Rules
           by
           which
           we
           are
           to
           govern
           our selves
           .
        
         
           Every
           Bishop
           of
           this
           Church
           ,
           in
           the
           time
           of
           his
           Consecration
           makes
           a
           solemn
           Profession
           ,
           among
           other
           things
           ,
           
             That
             he
             will
             not
             only
             maintain
             and
             set
             forward
             ,
             as
             much
             as
             lies
             in
             him
             ,
             quietness
             ,
             love
             and
             peace
             among
             all
             Men
             ;
             but
             that
             he
             will
             correct
             and
             punish
             such
             as
             be
             unquiet
             ,
             disobedient
             ,
             and
             criminous
             within
             his
             Diocese
             ,
             according
             to
             such
             Authority
             as
             he
             hath
             by
             
               God's
               Word
            
             ,
             and
             to
             him
             shall
             be
             committed
             by
             the
             
               Ordinance
               of
               this
               Realm
            
             .
          
        
         
           
             So
             that
             we
             have
             two
          
           Rules
           
             to
             proceed
             by
          
           ,
           viz.
           The
           Word
           of
           God
           ,
           
             and
             the
          
           Ecclesiastical
           Law
           of
           this
           Realm
           .
        
         
         
           (
           1
           )
           
             By
             the
             Word
             of
             God
          
           ;
           and
           that
           requires
           from
           us
           ,
           Diligence
           ,
           and
           Care
           ,
           and
           Faithfulness
           ,
           and
           Impartiality
           ,
           
             remembring
             the
             Account
             we
             must
             give
             ,
             that
             we
             may
             do
             it
             with
             Ioy
             and
             not
             with
             Grief
             .
          
           And
           we
           are
           not
           meerly
           required
           to
           correct
           and
           punish
           ,
           but
           to
           warn
           and
           instruct
           ,
           and
           exhort
           the
           Persons
           under
           our
           Care
           ,
           to
           do
           those
           things
           which
           tend
           most
           to
           the
           Honour
           of
           our
           holy
           Religion
           ,
           and
           the
           Church
           whereof
           we
           are
           Members
           .
           And
           for
           these
           Ends
           there
           are
           some
           things
           I
           shall
           more
           particularly
           recommend
           to
           you
           .
        
         
           (
           1.
           )
           That
           you
           would
           often
           consider
           the
           Solemn
           Charge
           that
           was
           given
           you
           ,
           and
           the
           Profession
           you
           made
           of
           your
           Resolution
           to
           do
           your
           Duty
           at
           your
           Ordination
           .
        
         
           I
           find
           by
           
             the
             Provincial
             Constitution
          
           of
           this
           Church
           ,
           
           
             that
             the
             Bishops
             were
             to
             have
             their
             solemn
             Profession
             read
             over
             to
             them
             twice
             in
             the
             year
             ,
          
           to
           put
           them
           
           in
           mind
           of
           their
           Duty
           .
           And
           in
           
             the
             Legatine
             Constitutions
          
           of
           Otho
           ,
           
           (
           22
           H
           ▪
           3.
           )
           the
           same
           Constitution
           is
           renewed
           ,
           not
           meerly
           by
           a
           
             Legatine
             Power
          
           ,
           but
           by
           Consent
           of
           the
           Archbishops
           ,
           and
           Bishops
           of
           
             both
             Provinces
          
           ;
           
           wherein
           i●
           is
           declared
           ,
           
           
             That
             Bishops
             ought
             to
             visi●
             their
             Diocesses
             at
             fit
             times
             ,
             Correcting
             and
             Reforming
             what
             was
             amiss
             ,
             and
             sowing
             the
             Word
             of
             Life
             in
             the
             Lords
             Field
          
           ;
           and
           to
           put
           them
           the
           more
           in
           mind
           of
           it
           ,
           
             they
             were
             twice
             in
             the
             year
             to
             have
             their
             solemn
             Profession
             read
             to
             them
             .
          
           It
           seems
           then
           ,
           that
           Profession
           contained
           these
           things
           in
           it
           ;
           or
           else
           the
           reading
           that
           could
           not
           sti●
           them
           up
           to
           do
           these
           things
           .
           What
           the
           Profession
           was
           which
           Presbyters
           then
           made
           at
           their
           Ordination
           ,
           we
           have
           not
           so
           clear
           an
           Account
           ,
           but
           in
           the
           same
           Council
           at
           Oxford
           ,
           
           8
           H.
           3.
           i●
           is
           strictly
           enjoined
           ,
           
             That
             all
             Rector●
             and
             Vicars
             should
             instruct
             the
             People
             committed
             to
             their
             Charge
             ,
             and
             Fee●
             
             them
             ,
          
           Pabulo
           Verbi
           Dei
           ,
           
             with
             the
             Food
             of
             God's
             Word
          
           ;
           and
           it
           is
           introduced
           with
           that
           Expression
           ,
           
             that
             they
             might
             excite
             the
             Parochial
             Clergy
             to
             be
             more
             diligent
             in
             what
             was
             most
             proper
             for
             those
             times
             .
          
           And
           if
           they
           do
           it
           not
           ,
           they
           are
           there
           called
           
             Canes
             muti
          
           :
           and
           Lyndwood
           bestows
           many
           other
           hard
           Terms
           upon
           them
           ,
           
           which
           I
           shall
           not
           mention
           ;
           but
           he
           saith
           afterward
           ,
           
             those
             who
             do
             it
             not
             ,
             are
             but
             like
             Idols
             ,
             which
             bear
             the
             similitude
             of
             a
             Man
             ,
             but
             do
             not
             the
             Offices
             proper
             to
             Men.
          
           Nay
           ,
           he
           goes
           so
           far
           as
           to
           say
           ,
           
             That
             the
             Spiritual
             Food
             of
             God's
             Word
             is
             as
             necessary
             to
             the
             Health
             of
             the
             Soul
             ,
             as
             Corporal
             Food
             is
             to
             the
             Health
             of
             the
             Body
             .
          
           Which
           Words
           are
           taken
           out
           of
           a
           Preface
           to
           a
           Canon
           in
           the
           
             Decretals
             de
             Officio
             Iud.
             Ordinarii
             ,
             inter
             caetera
             .
          
           But
           they
           serve
           very
           well
           to
           shew
           how
           much
           even
           in
           the
           dark
           times
           of
           Popery
           ,
           they
           were
           then
           convinced
           of
           the
           Necessity
           and
           Usefulness
           of
           Preaching
           .
           
           These
           Constitutions
           were
           slighted
           so
           much
           ,
           that
           in
           9
           Edw.
           1.
           the
           Office
           of
           Preaching
           was
           sunk
           so
           low
           ,
           that
           in
           a
           *
           
             Provincial
             Constitution
          
           at
           that
           time
           ,
           great
           Complaint
           is
           made
           
             of
             the
             Ignorance
             and
             Stupidity
             of
             the
             Parochial
             Clergy
             ,
          
           
           
             that
             they
             rather
             made
             the
             People
             worse
             than
             better
             .
          
           But
           at
           that
           time
           
             the
             Preaching
             Friars
          
           had
           got
           that
           Work
           into
           their
           Hands
           by
           particular
           Priviledges
           ,
           where
           it
           is
           well
           observed
           ,
           
             That
             they
             did
             not
             go
             to
             Places
             which
             most
             needed
             their
             help
             ,
          
           but
           to
           Cities
           and
           Corporations
           ,
           where
           they
           found
           most
           Incouragement
           .
           But
           what
           Remedy
           was
           found
           by
           this
           Provincial
           Council
           ?
           Truly
           ,
           
             every
             Parochial
             Priest
             four
             times
             a
             year
             was
             bound
             to
             read
             an
             Explication
             of
             the
             Creed
             ,
             Ten
             Commandments
             ,
             the
             Two
             Precepts
             of
             Charity
             ,
             the
             Seven
             Works
             of
             Mercy
             ,
             the
             Seven
             deadly
             Sins
             ,
             the
             Seven
             principal
             Vertues
             ,
          
           
           
             and
             the
             Seven
             Sacraments
          
           .
           This
           was
           renewed
           in
           the
           Province
           of
           
           York
           ,
           (
           which
           had
           distinct
           
             Provincial
             Constitutions
          
           )
           in
           the
           time
           of
           Edw.
           4.
           
           And
           here
           was
           all
           they
           were
           bound
           to
           by
           these
           Constitutions
           .
        
         
           But
           when
           Wickliff
           and
           his
           Followers
           had
           awakened
           the
           People
           so
           far
           ,
           that
           there
           was
           no
           satisfying
           them
           without
           Preaching
           ,
           
           then
           a
           new
           
             Provincial
             Constitution
          
           was
           made
           under
           Arundel
           ,
           
           Archbishop
           of
           Canterbury
           ;
           and
           the
           former
           Constitution
           was
           restrained
           to
           
             Parochial
             Priests
          
           who
           officiated
           as
           Curates
           ;
           but
           several
           others
           were
           Authorized
           to
           Preach
           ;
           as
           (
           1.
           )
           
             The
             Mendicant
             Friars
          
           were
           said
           to
           be
           Authorized
           
             Iure
             communi
          
           ,
           or
           rather
           
             Privilegio
             speciali
          
           ,
           (
           but
           therefore
           Lyndwood
           saith
           ,
           
           it
           is
           said
           to
           be
           
             Iure
             communi
          
           ,
           because
           that
           
             Privilege
             is
             recorded
             in
             the
             Text
             of
             the
             Canon
             Law
             )
          
           these
           were
           not
           only
           allowed
           to
           preach
           in
           their
           own
           Churches
           ,
           but
           in
           
             Plateis
             publicis
          
           ,
           
           saith
           Lyndwood
           ,
           out
           of
           the
           Canon
           Law
           (
           wherein
           those
           
           words
           were
           expressed
           )
           and
           at
           any
           hour
           ,
           unless
           it
           were
           the
           time
           of
           preaching
           in
           other
           Churches
           ;
           but
           other
           Orders
           ,
           as
           Augustinians
           and
           Carmelites
           ,
           had
           no
           such
           general
           License
           .
           Those
           preaching
           Friars
           were
           a
           sort
           of
           
             Licensed
             Preachers
          
           at
           that
           time
           ,
           who
           had
           no
           Cures
           of
           Souls
           ;
           but
           they
           were
           then
           accounted
           a
           kind
           of
           Pastors
           .
           
           For
           
             Io.
             de
             Athon
          
           .
           distinguisheth
           two
           sorts
           of
           Pastors
           ;
           Those
           who
           had
           Ecclesiastical
           Offices
           ,
           and
           those
           who
           had
           none
           ,
           but
           were
           such
           only
           
             Verbo
             &
             Exemplo
          
           ;
           but
           they
           gave
           very
           great
           disturbance
           to
           the
           Clergy
           ,
           
           as
           the
           Pope
           himself
           confesses
           in
           the
           Canon
           Law.
           (
           2.
           )
           
             Legal
             Incumbents
          
           authorized
           to
           preach
           in
           their
           own
           Parishes
           
             Iure
             scripto
          
           .
           All
           Persons
           who
           had
           Cures
           of
           Souls
           ,
           and
           Legal
           Titles
           ,
           were
           said
           to
           be
           
             missi
             à
             Iure
             ad
             locum
             &
             populum
             curae
             suae
             ,
          
           and
           therefore
           might
           preach
           to
           their
           own
           People
           without
           a
           
             special
             License
          
           ;
           
           but
           if
           any
           one
           preached
           in
           other
           parts
           of
           the
           Diocess
           ,
           or
           were
           a
           Stranger
           in
           it
           ,
           then
           he
           was
           to
           be
           examined
           by
           the
           Diocesan
           ,
           and
           if
           he
           were
           found
           
             tam
             Moribus
             quam
             Scientia
             idoneus
          
           ,
           he
           might
           send
           him
           to
           preach
           to
           one
           or
           more
           Parishes
           ,
           as
           he
           thought
           meet
           ;
           and
           he
           was
           to
           shew
           his
           License
           to
           the
           Incumbent
           of
           the
           Place
           ,
           before
           he
           was
           to
           be
           permitted
           to
           preach
           ,
           under
           
             the
             Episcopal
             Seal
          
           .
           And
           thus
           ,
           as
           far
           as
           I
           can
           find
           ,
           the
           Matter
           stood
           as
           to
           Preaching
           ,
           before
           the
           Reformation
           .
        
         
           After
           it
           ,
           when
           the
           Office
           of
           Ordination
           was
           reviewed
           and
           brought
           nearer
           to
           the
           
             Primitive
             Form
          
           ;
           and
           instead
           of
           delivering
           the
           Chalice
           and
           Patten
           ,
           with
           these
           words
           ,
           
             Accipe
             potestatem
             offerre
             Deo
             Sacrificium
          
           ,
           &c.
           the
           Bishop
           delivered
           the
           Bible
           with
           these
           words
           ,
           
             Take
             thou
             Authority
             to
             Preach
             the
             Word
             of
             God
             ,
             and
             to
             Minister
             the
             Holy
             Sacraments
             in
             the
             Congregation
             ,
          
           
           &c.
           
           The
           Priests
           Exhortation
           was
           made
           agreeable
           thereto
           ,
           wherein
           he
           exhorts
           the
           Persons
           in
           the
           
             Name
             of
             our
             Lord
             Jesus
             Christ
             ,
             to
             consider
             the
             Weight
             and
             Importance
             of
             the
             Office
             and
             Charge
             they
             are
             called
             to
             ;
             not
             barely
             to
             instruct
             those
             who
             are
             already
             of
             Christ's
             Flock
             ,
             but
             to
             endeavour
             the
             Salvation
             of
             those
             who
             are
             in
             the
             midst
             of
             this
             naughty
             World.
             And
             therefore
             he
             perswades
             and
             charges
             them
             from
             a
             due
             regard
             to
             Christ
             ,
             who
             suffered
             for
             his
             Sheep
             ,
             and
             to
             the
             Church
             of
             Christ
             ,
             which
             is
             so
             dear
             to
             him
             ,
             to
             omit
             no
             Labor
             ,
             Care
             or
             Diligence
             in
             instructing
             and
             reforming
             those
             who
             are
             committed
             to
             their
             Charge
             .
             And
             the
             better
             to
             enable
             them
             to
             perform
             these
             things
             ,
             there
             are
             some
             Duties
             especially
             recommended
             to
             them
             ,
             viz.
             Prayer
             ,
             and
             Study
             of
             the
             Holy
             Scriptures
             ,
             according
             to
             which
             
             they
             are
             to
             instruct
             others
             ,
             and
             to
             order
             their
             own
             Lives
             ,
             and
             of
             those
             who
             belong
             to
             them
             .
             And
             that
             they
             might
             the
             better
             attend
             so
             great
             a
             Work
             ,
             they
             are
             required
             to
             forsake
             and
             set
             aside
             (
             as
             much
             as
             they
             may
             )
             all
             worldly
             Cares
             and
             Studies
             ,
             and
             apply
             themselves
             wholly
             to
             this
             one
             thing
             ,
             that
             they
             may
             save
             themselves
             and
             them
             that
             hear
             them
             .
          
           After
           which
           follows
           the
           solemn
           Profession
           ,
           wherein
           they
           undertake
           to
           do
           these
           things
           .
        
         
           This
           is
           that
           ,
           my
           Brethren
           ,
           which
           I
           earnestly
           desire
           of
           you
           ,
           that
           you
           would
           often
           consider
           .
           You
           are
           not
           at
           liberty
           now
           ,
           whether
           you
           will
           do
           these
           things
           or
           not
           ;
           for
           you
           are
           under
           a
           most
           solemn
           Engagement
           to
           it
           .
           You
           have
           put
           your
           Hands
           to
           the
           Plough
           ,
           and
           it
           is
           too
           late
           to
           think
           of
           looking
           back
           ;
           and
           you
           all
           know
           the
           Husbandman's
           Work
           is
           laborious
           
           and
           painful
           ,
           and
           continually
           returning
           .
           It
           is
           possible
           after
           all
           his
           Pains
           ,
           the
           Harvest
           may
           not
           answer
           his
           Expectation
           ;
           but
           yet
           if
           he
           neither
           plows
           nor
           sows
           ,
           he
           can
           expect
           no
           Return
           ;
           if
           he
           be
           idle
           and
           careless
           ,
           and
           puts
           off
           the
           main
           of
           his
           Work
           to
           others
           ,
           can
           he
           reasonably
           look
           for
           the
           same
           Success
           ?
           Believe
           it
           ,
           all
           our
           Pains
           are
           little
           enough
           to
           awake
           the
           sleepy
           and
           secure
           Sinners
           ,
           to
           instruct
           the
           Ignorant
           ,
           to
           reclaim
           the
           Vitious
           ,
           to
           rebuke
           the
           Profane
           ,
           to
           convince
           the
           Erroneous
           ,
           to
           satisfie
           the
           Doubtful
           ,
           to
           confirm
           the
           Wavering
           ,
           to
           recover
           the
           Lapsed
           ;
           and
           to
           be
           useful
           to
           all
           ,
           according
           to
           their
           several
           Circumstances
           and
           Conditions
           .
           It
           is
           not
           to
           preach
           a
           Sermon
           or
           two
           in
           a
           Weeks
           Time
           to
           your
           Parishioners
           ,
           that
           is
           the
           main
           of
           your
           Duty
           ;
           that
           is
           no
           such
           difficult
           Task
           ,
           if
           Men
           apply
           their
           minds
           as
           they
           ought
           to
           do
           to
           Divine
           Matters
           ,
           
           and
           do
           not
           spend
           their
           Retirements
           in
           useless
           Studies
           ;
           
           but
           the
           great
           Difficulty
           lies
           in
           Watching
           over
           your
           Flock
           ,
           
             i.
             e.
          
           knowing
           their
           Condition
           ,
           and
           applying
           your selves
           uitably
           to
           them
           .
           He
           that
           is
           a
           Stranger
           to
           his
           Flock
           ,
           and
           only
           visits
           them
           now
           and
           then
           ,
           can
           never
           be
           said
           
             to
             watch
             over
             it
          
           ;
           he
           may
           watch
           over
           the
           Fleeces
           ,
           but
           he
           understands
           little
           of
           the
           State
           of
           his
           Flock
           ,
           viz.
           of
           the
           Distempers
           they
           are
           under
           ,
           and
           the
           Remedies
           proper
           for
           them
           .
        
         
           The
           Casuists
           say
           ,
           
           
             That
             the
             Reason
             why
             there
             is
             no
             Command
             for
             Personal
             Residence
             in
             Scripture
             ,
             is
             ,
             because
             the
             Nature
             of
             the
             Duty
             requires
             it
          
           ;
           for
           if
           a
           Person
           be
           required
           to
           do
           such
           things
           which
           cannot
           be
           done
           without
           it
           ,
           Residence
           is
           implied
           .
           As
           a
           Pilot
           to
           a
           Ship
           ,
           needs
           no
           Command
           to
           be
           in
           his
           Ship
           ;
           for
           how
           can
           he
           do
           the
           Office
           of
           a
           Pilot
           out
           of
           it
           ?
           Let
           none
           think
           to
           excuse
           themselves
           by
           saying
           ,
           
           
             that
             our
             Church
             only
             takes
             them
             for
             Curates
             ,
             and
             that
             the
             Bishops
             have
             the
             Pastoral
             Charge
          
           ;
           
           for
           by
           our
           old
           
             Provincial
             Constitutions
          
           (
           which
           are
           still
           in
           force
           so
           far
           as
           they
           are
           not
           repugnant
           to
           the
           Law
           of
           the
           Land
           )
           even
           those
           who
           have
           the
           smallest
           Cures
           are
           called
           Pastors
           ;
           and
           Lyndwood
           there
           notes
           ,
           that
           
             Parochialis
             Sacerdos
             dicitur
             Pastor
          
           ;
           and
           that
           not
           meerly
           by
           way
           of
           Allusion
           ,
           but
           in
           respect
           of
           the
           Care
           of
           Souls
           .
           But
           we
           need
           not
           go
           so
           far
           back
           .
           For
           what
           is
           it
           they
           are
           admitted
           to
           ?
           Is
           it
           not
           
             ad
             curam
             Animarum
          
           ?
           Did
           not
           they
           promise
           in
           their
           Ordination
           ,
           
             To
             teach
             the
             People
             committed
             to
             their
             Care
             and
             Charge
             ?
          
        
         
           The
           Casuists
           distinguish
           a
           threefold
           Cure
           of
           Souls
           .
           1.
           
           
             In
             foro
             interiori
             tantum
          
           ,
           and
           this
           they
           say
           is
           the
           
             Parochial
             Cure.
             2.
             
             In
             foro
             exteriori
             tantum
             ,
          
           where
           there
           is
           Authority
           to
           perform
           Ministerial
           Acts
           ,
           as
           to
           suspend
           ,
           excommunicate
           ,
           absolve
           ,
           
             (
             sine
             
             Pastorali
             Curâ
             :
             )
          
           and
           this
           Archdeacons
           have
           by
           Virtue
           of
           their
           Office.
           3.
           
           
             In
             utroque
             simul
          
           ,
           where
           there
           is
           a
           special
           Care
           ,
           together
           with
           Jurisdiction
           :
           this
           is
           the
           Bishops
           .
           And
           every
           one
           of
           these
           ,
           say
           they
           ,
           
             secundum
             commune
             Ius
             Canonicum
          
           ,
           is
           obliged
           to
           Residence
           ,
           
             i.
             e.
          
           by
           the
           
             common
             Law
             Ecclesiastical
          
           ;
           of
           which
           more
           afterwards
           .
           The
           Obligation
           is
           to
           perpetual
           Residence
           ,
           but
           as
           it
           is
           in
           other
           positive
           Duties
           ,
           there
           may
           other
           Duties
           intervene
           ,
           which
           may
           take
           away
           the
           present
           force
           of
           it
           ;
           as
           care
           of
           Health
           ,
           necessary
           Business
           ,
           
           publick
           Service
           of
           the
           King
           or
           Church
           ,
           &c.
           
           But
           then
           we
           are
           to
           observe
           that
           no
           Dispensation
           can
           justifie
           a
           Man
           in
           point
           of
           Conscience
           ,
           unless
           there
           be
           
             a
             sufficient
             Cause
          
           ;
           and
           no
           Custom
           can
           be
           sufficient
           against
           the
           natural
           Equity
           of
           the
           Case
           ,
           whereby
           every
           one
           is
           bound
           from
           the
           Nature
           of
           the
           Office
           he
           hath
           undertaken
           .
           
        
         
         
           I
           confess
           the
           case
           in
           Reason
           is
           different
           ,
           where
           there
           is
           a
           sufficient
           Provision
           by
           another
           fit
           Person
           ,
           and
           approved
           by
           those
           who
           are
           to
           take
           care
           that
           Places
           be
           well
           supplied
           ,
           and
           where
           there
           is
           not
           ;
           but
           yet
           ,
           this
           doth
           not
           take
           off
           the
           force
           of
           the
           
             Personal
             Obligation
          
           ,
           arising
           from
           undertaking
           the
           Cure
           themselves
           ,
           which
           the
           Ecclesiastical
           Law
           understands
           to
           be
           ,
           
           not
           meerly
           by
           Promise
           ,
           but
           
             cum
             effectu
          
           ,
           as
           the
           Canonists
           speak
           ;
           which
           implies
           personal
           Residence
           .
           Not
           that
           they
           are
           never
           to
           be
           away
           ;
           
             Non
             sic
             amarè
             intelligi
             debet
             ,
             ut
             nunquam
             inde
             recedat
             ,
          
           saith
           Lyndwood
           ;
           
           but
           these
           Words
           are
           to
           be
           understood
           
             civili
             modo
          
           ,
           as
           he
           expresses
           it
           ,
           
             i.
             e.
          
           not
           without
           great
           Reason
           .
           There
           must
           not
           be
           ,
           
           saith
           he
           ,
           
             callida
             Interpretatio
             ,
             sed
             talis
             ut
             cessent
             fraudes
             negligentiae
             ,
          
           i.
           e.
           There
           must
           be
           no
           Art
           used
           to
           evade
           the
           Law
           ,
           nor
           any
           gross
           Neglect
           of
           it
           .
           It
           's
           true
           ,
           the
           
           Canonists
           have
           distinguished
           between
           Rectories
           and
           Vicarages
           ,
           as
           to
           
             Personal
             Residence
          
           ;
           but
           we
           are
           to
           consider
           these
           things
           .
           
           1.
           
           The
           
             Canon
             Law
          
           strictly
           obliges
           every
           one
           that
           hath
           a
           
             Parochial
             Cure
          
           to
           
             perpetual
             Residence
          
           ,
           and
           excepts
           only
           two
           Cases
           ,
           when
           the
           Living
           is
           annexed
           to
           a
           Prebend
           or
           Dignity
           ;
           and
           then
           he
           who
           hath
           it
           ,
           is
           to
           have
           a
           perpetual
           Vicar
           instituted
           ,
           with
           a
           sufficient
           Maintenance
           .
           2.
           
           After
           this
           Liberty
           obtained
           for
           dignified
           Persons
           to
           have
           Vicars
           endowed
           in
           their
           Places
           ,
           the
           Point
           of
           Residence
           was
           strictly
           enjoined
           to
           them
           :
           and
           we
           find
           in
           the
           Provincial
           Constitutions
           a
           Difference
           made
           between
           Personatus
           and
           Vicaria
           ;
           
           but
           this
           was
           still
           meant
           of
           a
           
             Vicarage
             endowed
          
           .
           This
           was
           in
           the
           time
           of
           
             Stephen
             Langton
          
           ,
           
           Archbishop
           of
           Canterbury
           ;
           and
           in
           another
           Constitution
           he
           required
           an
           Oath
           of
           
             Personal
             Residence
          
           from
           all
           such
           Vicars
           ,
           
           altho'
           the
           Place
           were
           not
           above
           the
           Value
           of
           Five
           Marks
           ;
           which
           ,
           as
           appears
           by
           Lyndwood
           elsewhere
           ,
           
           was
           then
           
             sufficient
             for
             Maintenance
             and
             Hospitality
          
           .
           And
           to
           cover
           the
           shameful
           Dispensations
           that
           were
           commonly
           granted
           to
           the
           higher
           Clergy
           ,
           under
           pretence
           of
           the
           
             Papal
             Power
          
           ,
           the
           poor
           Vicars
           by
           a
           Constitution
           of
           Otho
           ,
           
           were
           bound
           to
           take
           a
           strict
           Oath
           of
           
             continual
             Residence
          
           ;
           and
           without
           it
           their
           Institution
           was
           declared
           to
           be
           Null
           .
           But
           even
           in
           that
           case
           the
           Gloss
           there
           saith
           ,
           
             That
             they
             may
             be
             some
             time
             absent
             for
             the
             Benefit
             of
             the
             Church
             or
             State
          
           ;
           but
           not
           for
           their
           own
           particular
           Advantage
           .
           3.
           
           The
           Obligation
           in
           point
           of
           Conscience
           remains
           the
           same
           ,
           but
           
             Dispensing
             with
             Laws
          
           may
           take
           away
           the
           
             Penalty
             of
             Non-residence
          
           in
           some
           cases
           .
           
           
             Ioh.
             de
             Athon
          
           .
           Canon
           of
           Lincoln
           ,
           who
           wrote
           the
           Glosses
           on
           the
           
             Legatine
             Constitutions
          
           ,
           doth
           not
           deny
           ,
           but
           
           that
           Rectors
           are
           as
           well
           bound
           to
           Residence
           as
           Vicars
           ;
           but
           these
           are
           more
           strictly
           tied
           by
           their
           Oath
           ;
           and
           because
           a
           Vicar
           cannot
           appoint
           a
           Vicar
           ,
           but
           a
           Parson
           may
           .
           And
           altho'
           that
           Name
           among
           some
           be
           used
           as
           a
           Term
           of
           Reproach
           ,
           yet
           in
           former
           Ages
           Personatus
           and
           Dignitas
           were
           the
           same
           thing
           ;
           
           and
           so
           used
           here
           in
           England
           in
           the
           time
           of
           Henry
           II.
           but
           afterwards
           it
           came
           to
           be
           applied
           to
           him
           that
           had
           the
           Possession
           of
           a
           
             Parochial
             Benefice
          
           in
           his
           own
           
             immediate
             Right
          
           ;
           
           and
           was
           therefore
           bound
           to
           take
           care
           of
           it
           .
           For
           the
           Obligation
           must
           in
           Reason
           be
           supposed
           to
           go
           along
           with
           the
           Advantage
           ;
           however
           Local
           Statutes
           may
           have
           taken
           off
           the
           Penalty
           .
        
         
           II.
           When
           you
           have
           thus
           considered
           the
           Obligation
           which
           lies
           upon
           you
           ,
           to
           take
           care
           of
           your
           Flock
           ,
           let
           me
           in
           the
           next
           place
           recommend
           to
           you
           a
           plain
           ,
           useful
           ,
           and
           practical
           
           Way
           of
           Preaching
           among
           them
           .
           I
           mean
           such
           as
           is
           most
           likely
           to
           do
           good
           upon
           them
           (
           which
           certainly
           ought
           to
           be
           the
           just
           Measure
           of
           Preaching
           .
           )
           I
           do
           not
           mean
           therefore
           a
           loose
           and
           careless
           way
           of
           Talking
           in
           the
           Pulpit
           ,
           which
           will
           neither
           profit
           you
           ,
           nor
           those
           that
           hear
           you
           .
           He
           that
           once
           gets
           an
           ill
           Habit
           of
           speaking
           extempore
           ,
           will
           be
           tempted
           to
           continue
           it
           by
           the
           Easiness
           of
           it
           to
           himself
           ,
           and
           the
           Plausibleness
           of
           it
           to
           less
           judicious
           People
           .
           There
           is
           on
           the
           other
           side
           ,
           a
           closeness
           and
           Strength
           of
           Reasoning
           ,
           which
           is
           too
           elaborate
           for
           common
           Understandings
           ;
           and
           there
           is
           an
           affected
           Fineness
           of
           Expression
           which
           by
           no
           means
           becomes
           the
           Pulpit
           :
           but
           it
           seems
           to
           be
           like
           stroaking
           the
           Consciences
           of
           People
           by
           Feathers
           dipt
           in
           Oil.
           And
           there
           is
           a
           way
           of
           putting
           Scripture-Phrases
           together
           without
           the
           Sense
           of
           them
           ,
           which
           those
           are
           the
           most
           apt
           
           to
           admire
           ,
           who
           understand
           them
           least
           :
           But
           for
           those
           who
           have
           not
           improved
           their
           Minds
           by
           Education
           ,
           the
           plainest
           way
           is
           certainly
           the
           best
           and
           hardest
           ,
           provided
           ,
           it
           be
           not
           flat
           ,
           and
           dry
           ,
           and
           incoherent
           ,
           or
           desultory
           ,
           going
           from
           one
           thing
           to
           another
           ,
           without
           pursuing
           any
           particular
           Point
           home
           to
           Practice
           ,
           and
           applying
           it
           to
           the
           Consciences
           of
           the
           Hearers
           .
           And
           give
           me
           leave
           to
           tell
           you
           ,
           That
           meer
           general
           Discourses
           have
           commonly
           little
           Effect
           on
           the
           Peoples
           Minds
           ;
           if
           any
           thing
           moves
           them
           ,
           it
           is
           
             particular
             Application
          
           as
           to
           such
           things
           which
           their
           Consciences
           are
           concerned
           in
           .
        
         
           And
           here
           I
           must
           recommend
           to
           you
           the
           pursuing
           the
           Design
           of
           His
           
             Majesties
             Letter
          
           ,
           which
           hath
           been
           some
           time
           since
           communicated
           to
           you
           ;
           by
           it
           you
           are
           required
           to
           Preach
           at
           some
           Times
           on
           those
           particular
           Vices
           which
           you
           observe
           to
           
           be
           most
           prevalent
           in
           the
           Places
           you
           relate
           to
           ,
           such
           as
           
             Drunkenness
             ,
             Whoredom
             ,
             Swearing
             ,
             Profaning
             the
             Lord's
             Day
             ,
          
           &c.
           
           If
           ever
           we
           hope
           to
           reform
           them
           ,
           you
           must
           throughly
           convince
           them
           ,
           that
           what
           they
           do
           is
           displeasing
           to
           God.
           
        
         
           And
           there
           are
           two
           sorts
           of
           Men
           you
           are
           to
           deal
           with
           ,
        
         
           1.
           
           Profane
           Scoffers
           at
           Religion
           .
           These
           seldom
           trouble
           you
           ;
           but
           if
           any
           good
           be
           to
           be
           done
           upon
           them
           ,
           it
           is
           by
           plain
           and
           evident
           Proofs
           of
           the
           Good
           and
           Evil
           of
           Moral
           Actions
           .
           For
           ,
           as
           long
           as
           they
           think
           them
           indifferent
           ,
           they
           will
           never
           regard
           what
           you
           say
           ,
           as
           to
           the
           Rewards
           or
           Punishments
           of
           them
           .
        
         
           2.
           
           Stupid
           and
           senseless
           People
           ,
           whose
           Minds
           are
           wholly
           sunk
           into
           the
           Affairs
           of
           the
           World
           ,
           
             buying
             and
             selling
             and
             getting
             Gain
             .
          
           It
           is
           a
           very
           hard
           thing
           to
           get
           a
           Thought
           into
           them
           above
           these
           Matters
           .
           And
           whatever
           
           you
           talk
           of
           meer
           Religion
           ,
           and
           another
           Life
           ,
           is
           like
           Metaphysicks
           to
           them
           ;
           they
           understand
           you
           not
           ,
           and
           take
           no
           care
           to
           do
           it
           :
           but
           if
           you
           can
           convince
           them
           ,
           that
           they
           live
           in
           the
           Practice
           of
           great
           Sins
           ,
           which
           they
           shall
           certainly
           suffer
           for
           ,
           if
           they
           do
           not
           Repent
           ,
           they
           may
           possibly
           be
           awakened
           this
           way
           ;
           if
           not
           ,
           nothing
           but
           immediate
           Grace
           can
           work
           upon
           them
           ;
           which
           must
           work
           on
           the
           Will
           ,
           whatever
           becomes
           of
           the
           Understanding
           .
        
         
           III.
           After
           preaching
           ,
           let
           me
           intreat
           you
           to
           look
           after
           Catechizing
           and
           instructing
           the
           Youth
           of
           your
           Parishes
           .
           He
           that
           would
           reform
           the
           World
           to
           purpose
           ,
           must
           begin
           with
           the
           Youth
           ;
           and
           train
           them
           up
           betimes
           ,
           in
           the
           Ways
           of
           Religion
           and
           Virtue
           .
           There
           is
           far
           less
           probability
           of
           prevailing
           on
           those
           who
           have
           accustomed
           themselves
           to
           vicious
           Habits
           ,
           and
           are
           hardened
           in
           their
           Wickedness
           .
           It
           
           seems
           strange
           to
           some
           ,
           that
           considering
           the
           shortness
           of
           Human
           Life
           ,
           Mankind
           should
           be
           so
           long
           before
           they
           come
           to
           Maturity
           ;
           the
           best
           Account
           I
           know
           of
           it
           ,
           is
           ,
           that
           there
           is
           so
           much
           longer
           time
           for
           the
           Care
           of
           their
           Education
           ,
           to
           instill
           the
           Principles
           of
           Virtue
           and
           Religion
           into
           them
           ,
           thereby
           to
           soften
           the
           Fierceness
           ,
           to
           direct
           the
           Weakness
           ,
           to
           govern
           the
           Inclinations
           of
           Mankind
           .
           It
           is
           truly
           a
           sad
           Consideration
           ,
           that
           Christian
           Parents
           are
           so
           little
           sensible
           of
           their
           Duties
           ,
           as
           to
           the
           Education
           of
           their
           Children
           ;
           when
           those
           who
           have
           had
           only
           natural
           Reason
           to
           direct
           them
           ,
           have
           laid
           so
           much
           Weight
           upon
           it
           .
           
           
             Without
             it
             ,
             Plato
          
           saith
           ,
           
             that
             Mankind
             grew
             the
             most
             unruly
             of
             all
             Creatures
             .
          
           
           Aristotle
           ,
           
             That
             as
             by
             Nature
             they
             are
             capable
             of
             being
             the
             best
             ,
             so
             being
             neglected
             ,
             they
             become
             the
             worst
             of
             Animals
             ,
          
           i.
           e.
           
             when
             they
             are
             brought
             up
             without
             Virtue
             .
          
           
           
             Education
             and
             
             Virtue
          
           ,
           saith
           he
           ,
           
             is
             a
             great
             thing
             ,
             yea
             ,
             it
             is
             all
             in
             all
             ,
             and
             without
             it
             they
             will
             be
             much
             worse
             than
             Beasts
             .
          
           The
           main
           Care
           of
           the
           Education
           of
           Children
           must
           lie
           upon
           Parents
           ;
           but
           yet
           Ministers
           ought
           not
           only
           to
           put
           them
           in
           mind
           of
           their
           Duty
           ,
           but
           to
           assist
           them
           all
           they
           can
           ,
           and
           by
           publick
           Catechizing
           ,
           frequently
           to
           instruct
           both
           those
           who
           have
           not
           learned
           ,
           and
           those
           who
           are
           ashamed
           to
           learn
           any
           other
           way
           .
           And
           you
           must
           use
           the
           best
           means
           you
           can
           to
           bring
           them
           into
           an
           Esteem
           of
           it
           ;
           which
           is
           by
           letting
           them
           see
           ,
           that
           you
           do
           it
           ,
           not
           meerly
           because
           you
           are
           required
           to
           do
           it
           ,
           but
           because
           it
           is
           a
           thing
           so
           useful
           and
           beneficial
           to
           them
           ,
           and
           to
           their
           Children
           .
           There
           is
           a
           great
           deal
           of
           difference
           between
           Peoples
           being
           able
           to
           talk
           over
           a
           Set
           of
           Phrases
           ,
           about
           Religious
           Matters
           ,
           and
           understanding
           the
           true
           Grounds
           of
           Religion
           ;
           which
           are
           easiest
           learned
           ,
           and
           
           understood
           ,
           and
           remembred
           in
           the
           short
           Catechetical
           Way
           .
           But
           I
           am
           truly
           sorry
           to
           hear
           ,
           that
           where
           the
           Clergy
           are
           willing
           to
           take
           pains
           this
           way
           ,
           the
           People
           are
           unwilling
           to
           send
           their
           Children
           .
           They
           would
           not
           be
           unwilling
           to
           hear
           them
           instructed
           ,
           as
           early
           as
           might
           be
           ,
           in
           the
           way
           to
           get
           an
           Estate
           ,
           but
           would
           be
           very
           thankful
           to
           those
           who
           would
           do
           them
           such
           a
           kindness
           ;
           and
           therefore
           it
           is
           really
           a
           Contempt
           of
           God
           and
           Religion
           ,
           and
           another
           World
           ,
           which
           makes
           them
           so
           backward
           to
           have
           their
           Children
           taught
           the
           Way
           to
           it
           .
           And
           methinks
           those
           who
           have
           any
           Zeal
           for
           the
           Reformation
           ,
           should
           love
           and
           pursue
           that
           which
           came
           into
           Request
           with
           it
           .
           Indeed
           the
           Church
           of
           Rome
           it self
           hath
           been
           made
           so
           sensible
           of
           the
           Necessity
           of
           it
           ,
           that
           even
           the
           Council
           of
           Trent
           doth
           not
           only
           require
           
             Catechizing
             Children
          
           ,
           
           but
           the
           Bishops
           to
           proceed
           with
           
             Ecclesiastical
             
             Censures
          
           against
           those
           who
           neglect
           it
           .
           But
           in
           the
           old
           
             Provincial
             Constitutions
          
           I
           can
           find
           but
           one
           Injunction
           about
           Catechizing
           ;
           and
           that
           is
           
             when
             the
             Priest
             doubts
             whether
             the
             Children
             were
             Baptized
             or
             not
          
           ;
           
           
             and
             if
             they
             be
             born
             eight
             days
             before
          
           Easter
           and
           Whitsontide
           ,
           
           
             they
             are
             not
             to
             be
             Baptized
             till
             those
             days
             ,
             and
             in
             the
             mean
             time
             they
             are
             to
             receive
             Catechism
             .
          
           What
           is
           this
           
             receiving
             Catechism
          
           by
           Children
           ,
           before
           they
           are
           eight
           days
           old
           ?
           It
           is
           well
           Exorcism
           is
           joyned
           with
           it
           ;
           and
           so
           we
           are
           to
           understand
           by
           it
           the
           Interrogatories
           in
           Baptism
           :
           
           and
           Lyndwood
           saith
           ,
           the
           Catechism
           is
           not
           only
           required
           for
           
             Instruction
             in
             Faith
          
           ,
           but
           
             propter
             sponsionem
          
           ,
           when
           the
           Godfather
           answers
           ,
           
             De
             Fidei
             Observantiâ
          
           .
        
         
           It
           is
           true
           ,
           the
           
             Canon
             Law
          
           requires
           in
           adult
           Persons
           
             Catechizing
             before
             Baptism
          
           ;
           but
           I
           find
           nothing
           of
           the
           
             catechizing
             Children
          
           after
           it
           ;
           
           and
           no
           wonder
           ,
           since
           Lyndwood
           saith
           ,
           
             the
             Laity
             
             are
             bound
             to
             no
             more
             than
             to
             believe
             as
             the
             Church
             believes
          
           ;
           
           
             nor
             the
             Clergy
             neither
             ,
             unless
             they
             can
             bear
             the
             Charges
             of
             studying
             ,
             and
             have
             Masters
             to
             instruct
             them
             .
          
           This
           was
           good
           Doctrine
           ,
           when
           the
           Design
           was
           to
           keep
           People
           in
           Ignorance
           .
           For
           Learning
           is
           an
           irreconcilable
           Enemy
           to
           the
           Fundamental
           Policy
           of
           the
           Roman
           Church
           ;
           and
           it
           was
           that
           which
           brought
           in
           the
           Reformation
           ,
           since
           which
           a
           just
           Care
           hath
           still
           been
           required
           for
           the
           Instruction
           of
           Youth
           ;
           and
           the
           Fifty
           ninth
           Canon
           of
           our
           Church
           is
           very
           strict
           in
           it
           ,
           which
           I
           desire
           you
           often
           to
           consider
           with
           the
           first
           Rubrick
           after
           the
           Catechism
           ,
           and
           to
           act
           accordingly
           .
        
         
           IV.
           After
           Catechizing
           ,
           I
           recommend
           to
           you
           the
           due
           Care
           of
           bringing
           the
           Children
           of
           your
           Parishes
           to
           Confirmation
           .
           Which
           would
           be
           of
           excellent
           use
           in
           the
           Church
           ,
           if
           the
           several
           Ministers
           would
           take
           that
           pains
           
           about
           it
           ,
           which
           they
           ought
           to
           do
           .
           Remember
           that
           you
           are
           required
           
             to
             bring
             or
             send
             in
             Writing
             ,
             with
             your
             Names
             subscribed
             ,
             the
             Names
             of
             all
             such
             Persons
             in
             your
             Parish
             ,
             as
             you
             shall
             think
             fit
             to
             be
             presented
             to
             the
             Bishop
             to
             be
             confirmed
             .
          
           If
           you
           take
           no
           care
           about
           it
           ,
           and
           suffer
           them
           to
           come
           unprepared
           for
           so
           great
           ,
           so
           solemn
           a
           thing
           ,
           
             as
             renewing
             the
             Promise
             and
             Vow
             made
             in
             Baptism
             ,
          
           can
           you
           think
           your selves
           free
           from
           any
           Guilt
           in
           it
           ?
           In
           the
           Church
           of
           Rome
           indeed
           great
           care
           was
           taken
           to
           hasten
           Confirmation
           of
           Children
           all
           they
           could
           :
           
           
             Post
             Baptismum
             quam
             citius
             poterint
          
           ,
           
           as
           it
           is
           in
           our
           
             Constitution
             Provincial
          
           ;
           
           in
           another
           
             Synodical
             ,
             the
             Parochial
             Priests
             are
             charged
             to
             tell
             their
             Parishioners
             ,
             that
             they
             ought
             to
             get
             their
             Children
             confirmed
             as
             soon
             as
             they
             can
             .
          
           In
           a
           Synod
           at
           Worcester
           ,
           under
           
             Walter
             de
             Cantilupo
          
           ,
           in
           the
           time
           of
           Henry
           III.
           the
           Sacrament
           of
           Confirmation
           
           is
           declared
           necessary
           for
           
             Strength
             against
             the
             Power
             of
             Darkness
          
           ;
           and
           therefore
           it
           was
           called
           
             Sacramentum
             pugnantium
          
           :
           
           and
           no
           wonder
           then
           that
           the
           
             Parochial
             Priests
          
           should
           be
           called
           upon
           so
           earnestly
           to
           bring
           the
           Children
           to
           Confirmation
           ;
           and
           the
           Parents
           were
           to
           be
           forbidden
           to
           enter
           into
           the
           Church
           ,
           if
           they
           neglected
           it
           for
           a
           Year
           after
           the
           Birth
           of
           the
           Child
           ,
           if
           they
           had
           opportunity
           .
           The
           Synod
           of
           Exeter
           allowed
           two
           Years
           ,
           
           and
           then
           if
           they
           were
           not
           Confirmed
           ,
           the
           Parents
           were
           
             to
             Fast
             every
          
           Friday
           ,
           
             with
             Bread
             and
             Water
             ,
             till
             it
             were
             done
             .
          
           And
           to
           the
           same
           purpose
           ,
           the
           Synod
           of
           Winchester
           in
           the
           time
           of
           Edw.
           
           I.
           in
           the
           Constitutions
           of
           Richard
           ,
           Bishop
           of
           Sarum
           ,
           two
           Years
           were
           allowed
           ,
           but
           that
           time
           was
           afterwards
           thought
           too
           long
           ;
           and
           then
           the
           Priest
           as
           well
           as
           the
           Parents
           was
           to
           be
           suspended
           from
           Entrance
           into
           the
           Church
           .
           
           But
           what
           preparation
           was
           
           required
           ?
           None
           that
           I
           can
           find
           :
           But
           great
           care
           is
           taken
           about
           the
           
             Fillets
             to
             bind
             their
             Heads
             to
             receive
             the
             Unction
             ,
             and
             the
             taking
             them
             off
             at
             the
             Font
             ,
             and
             burning
             them
             ,
             lest
             they
             should
             be
             used
             for
             Witchcraft
             ,
          
           
           as
           Lyndwood
           informs
           us
           .
           But
           we
           have
           no
           such
           Customs
           ,
           nor
           any
           ▪
           of
           the
           Reformed
           Churches
           :
           We
           depend
           not
           upon
           the
           
             Opus
             operatum
          
           ,
           but
           suppose
           a
           due
           and
           serious
           preparation
           of
           Mind
           necessary
           ,
           and
           a
           solemn
           Performance
           of
           it
           .
           I
           hope
           ,
           by
           God's
           Assistance
           ,
           to
           be
           able
           ,
           in
           time
           ,
           to
           bring
           the
           Performance
           of
           this
           Office
           into
           a
           better
           Method
           ;
           in
           the
           mean
           time
           I
           shall
           not
           fail
           doing
           my
           Duty
           ;
           have
           you
           a
           care
           you
           do
           not
           fail
           in
           yours
           .
        
         
           V.
           As
           to
           the
           
             Publick
             Offices
          
           of
           the
           Church
           ,
           I
           do
           not
           only
           recommend
           to
           you
           a
           due
           Care
           of
           the
           Diligent
           ,
           but
           of
           the
           Devout
           Performance
           of
           them
           .
           I
           have
           often
           wondred
           how
           a
           fixed
           and
           stated
           Liturgy
           for
           general
           
           Use
           ,
           should
           become
           a
           matter
           of
           Scruple
           and
           Dispute
           among
           any
           in
           a
           Christian
           Church
           ,
           unless
           there
           be
           something
           in
           Christianity
           which
           makes
           it
           unlawful
           to
           pray
           together
           for
           things
           which
           we
           all
           understand
           beforehand
           to
           be
           the
           Subject
           of
           our
           Prayers
           .
           If
           our
           common
           Necessities
           and
           Duties
           are
           the
           same
           ;
           if
           we
           have
           the
           same
           Blessings
           to
           pray
           ,
           and
           to
           thank
           God
           for
           in
           our
           solemn
           Devotions
           ,
           why
           should
           any
           think
           it
           unlawful
           or
           unfitting
           to
           use
           the
           same
           Expressions
           ?
           Is
           God
           pleased
           with
           the
           change
           of
           our
           Words
           and
           Phrases
           ?
           Can
           we
           imagine
           the
           Holy
           Spirit
           is
           given
           to
           dictate
           new
           Expressions
           in
           Prayers
           ?
           Then
           they
           must
           pray
           by
           immediate
           Inspiration
           (
           which
           I
           think
           they
           will
           not
           pretend
           to
           ,
           lest
           all
           the
           Mistakes
           and
           Incongruities
           of
           such
           Prayers
           be
           imputed
           to
           the
           Holy
           Ghost
           )
           but
           if
           not
           ,
           then
           they
           are
           left
           to
           their
           own
           Conceptions
           ,
           and
           the
           Spirits
           Assistance
           
           is
           only
           in
           the
           exciting
           the
           Affections
           and
           Motions
           of
           the
           Soul
           towards
           the
           things
           prayed
           for
           ;
           and
           if
           this
           be
           allowed
           ,
           it
           is
           impossible
           to
           give
           a
           Reason
           why
           the
           Spirit
           of
           God
           may
           not
           as
           well
           excite
           those
           inward
           Desires
           ,
           when
           the
           Words
           are
           the
           same
           as
           when
           they
           are
           different
           .
           And
           we
           are
           certain
           ,
           that
           from
           the
           Apostles
           times
           downwards
           ,
           no
           one
           Church
           or
           Society
           of
           Christians
           can
           be
           produced
           ,
           who
           held
           it
           unlawful
           to
           pray
           by
           a
           Set-Form
           .
           On
           the
           other
           side
           ,
           we
           have
           very
           early
           Proofs
           of
           some
           common
           Forms
           of
           Prayer
           ,
           which
           were
           generally
           used
           in
           the
           Christian
           Churches
           ,
           and
           were
           the
           Foundations
           of
           those
           
             Ancient
             Liturgies
          
           ,
           which
           ,
           by
           degrees
           were
           much
           enlarged
           .
           And
           the
           Interpolations
           of
           later
           times
           ,
           do
           no
           more
           overthrow
           the
           Antiquity
           of
           the
           Ground-work
           of
           them
           ,
           than
           the
           large
           Additions
           to
           a
           Building
           ,
           do
           prove
           there
           was
           no
           House
           before
           .
           It
           
           is
           an
           easie
           matter
           to
           say
           ,
           that
           such
           Liturgies
           could
           not
           be
           St.
           
           Iames's
           or
           St.
           
           Mark
           's
           ,
           because
           of
           such
           Errors
           and
           Mistakes
           ,
           and
           Interpolations
           of
           Things
           and
           Phrases
           of
           later
           times
           ;
           but
           what
           then
           ?
           Is
           this
           an
           Argument
           there
           were
           no
           Ancient
           Liturgies
           in
           the
           Churches
           of
           Ierusalem
           and
           Alexandria
           ,
           when
           so
           long
           since
           ,
           as
           in
           
           Origen's
           time
           we
           find
           an
           entire
           Collect
           produced
           by
           him
           out
           of
           the
           Alexandrian
           Liturgy
           ?
           
           And
           the
           like
           may
           be
           shewed
           as
           to
           other
           Churches
           ,
           which
           by
           degrees
           came
           to
           have
           their
           Liturgies
           much
           enlarged
           by
           the
           devout
           Prayers
           of
           some
           extraordinary
           Men
           ,
           such
           as
           S.
           Basil
           and
           S.
           Chrysostom
           in
           the
           Eastern
           Churches
           .
        
         
           But
           my
           Design
           is
           not
           to
           vindicate
           our
           use
           of
           an
           excellent
           Liturgy
           ,
           but
           to
           put
           you
           upon
           the
           using
           it
           in
           such
           manner
           ,
           as
           may
           most
           recommend
           it
           to
           the
           People
           .
           I
           mean
           with
           that
           Gravity
           ,
           Seriousness
           ,
           Attention
           ,
           and
           
           Devotion
           ,
           which
           becomes
           so
           solemn
           a
           Duty
           as
           Prayer
           to
           God
           is
           .
           It
           will
           give
           too
           just
           a
           cause
           of
           prejudice
           to
           our
           Prayers
           ,
           if
           the
           People
           observe
           you
           to
           be
           careless
           and
           negligent
           about
           them
           ;
           or
           to
           run
           them
           over
           with
           so
           great
           haste
           ,
           as
           if
           you
           minded
           nothing
           so
           much
           as
           to
           get
           to
           the
           end
           of
           them
           .
           If
           you
           mind
           them
           so
           little
           your selves
           ,
           they
           will
           think
           themselves
           excused
           ,
           if
           they
           mind
           them
           less
           .
           I
           could
           heartily
           wish
           ,
           that
           in
           greater
           places
           ,
           especially
           in
           such
           Towns
           where
           there
           are
           People
           more
           at
           liberty
           ,
           the
           constant
           Morning
           and
           Evening
           Prayers
           were
           duly
           and
           devoutly
           read
           ;
           as
           it
           is
           already
           done
           with
           good
           Success
           in
           London
           ,
           and
           some
           other
           Cities
           .
           By
           this
           means
           Religion
           will
           gain
           ground
           ,
           when
           the
           publick
           Offices
           are
           daily
           performed
           ;
           and
           the
           people
           will
           be
           more
           acquainted
           with
           Scripture
           ,
           in
           hearing
           the
           Lessons
           ,
           and
           have
           a
           better
           esteem
           
           of
           the
           Prayers
           ,
           when
           they
           become
           their
           daily
           Service
           ,
           which
           they
           offer
           up
           to
           God
           as
           their
           Morning
           and
           Evening
           Sacrifice
           ;
           and
           the
           Design
           of
           our
           Church
           will
           be
           best
           answered
           ,
           which
           appoints
           
             the
             Order
             for
             Morning
             and
             Evening
             Prayer
             daily
             to
             be
             said
             ,
             and
             used
             throughout
             the
             Year
             .
          
        
         
           VI.
           As
           to
           the
           Dissenters
           from
           the
           Church
           ;
           the
           present
           Circumstances
           of
           our
           Affairs
           require
           a
           more
           than
           ordinary
           Prudence
           in
           your
           Behaviour
           towards
           them
           .
           It
           is
           to
           no
           purpose
           to
           provoke
           or
           exasperate
           them
           ,
           since
           they
           will
           be
           but
           so
           much
           more
           your
           Enemies
           for
           it
           ;
           and
           if
           you
           seem
           to
           court
           them
           too
           much
           ,
           they
           will
           interpret
           your
           Kindness
           to
           be
           a
           liking
           their
           Way
           better
           than
           your
           own
           ;
           so
           that
           were
           it
           not
           for
           some
           worldly
           Interest
           ,
           you
           would
           be
           just
           what
           they
           are
           ;
           which
           is
           in
           effect
           to
           say
           ,
           you
           would
           be
           Men
           of
           Conscience
           ,
           if
           ye
           had
           a
           little
           more
           Honesty
           .
           For
           they
           
           can
           never
           think
           those
           honest
           Men
           ,
           who
           comply
           with
           things
           against
           their
           Consciences
           ,
           only
           for
           their
           temporal
           Advantage
           ;
           but
           they
           may
           like
           them
           as
           Men
           of
           a
           Party
           ,
           who
           under
           some
           specious
           Colours
           ,
           promote
           their
           Interest
           .
           For
           my
           own
           part
           ,
           as
           I
           do
           sincerely
           value
           and
           esteem
           the
           Church
           of
           England
           (
           and
           I
           hope
           ever
           shall
           )
           so
           I
           am
           not
           against
           such
           a
           due
           temper
           towards
           them
           ,
           as
           is
           consistent
           with
           the
           preserving
           the
           Constitution
           of
           our
           Church
           .
           But
           if
           any
           think
           ,
           under
           a
           pretence
           of
           Liberty
           ,
           to
           undermine
           and
           destroy
           it
           ,
           we
           have
           Reason
           to
           take
           the
           best
           care
           we
           can
           ,
           in
           order
           to
           its
           preservation
           .
           I
           do
           not
           mean
           by
           opposing
           Laws
           ,
           or
           affronting
           Authority
           ,
           but
           by
           countermining
           them
           in
           the
           best
           way
           ,
           i.e.
           by
           out-doing
           them
           in
           those
           things
           which
           make
           them
           most
           popular
           ,
           if
           they
           are
           consistent
           with
           Integrity
           and
           a
           good
           Conscience
           .
           If
           they
           gain
           upon
           
           the
           People
           by
           an
           Appearance
           of
           more
           than
           ordinary
           Zeal
           for
           the
           good
           of
           Souls
           ,
           I
           would
           have
           you
           to
           go
           beyond
           them
           in
           a
           true
           and
           hearty
           Concernment
           for
           them
           ;
           not
           in
           irregular
           Heats
           and
           Passions
           ,
           but
           in
           the
           
             Meekness
             of
             Wisdom
          
           ,
           in
           a
           calm
           and
           sedate
           Temper
           ;
           in
           doing
           good
           even
           to
           them
           who
           most
           despitefully
           reproach
           you
           ,
           and
           withdraw
           themselves
           and
           the
           People
           from
           you
           .
           If
           they
           get
           an
           Interest
           among
           them
           by
           Industry
           ,
           and
           going
           from
           Place
           to
           Place
           ,
           and
           Family
           to
           Family
           ;
           I
           hope
           you
           will
           think
           it
           your
           Duty
           to
           converse
           more
           freely
           and
           familiarly
           with
           your
           own
           People
           .
           Be
           not
           Strangers
           ,
           and
           you
           will
           make
           them
           Friends
           .
           Let
           them
           see
           by
           your
           particular
           Application
           to
           them
           ,
           that
           you
           do
           not
           despise
           them
           .
           For
           Men
           love
           to
           value
           those
           who
           seem
           to
           value
           them
           ;
           and
           if
           you
           once
           slight
           them
           ,
           you
           run
           the
           hazard
           of
           making
           them
           your
           Enemies
           .
           It
           is
           
           some
           Trial
           of
           a
           Christians
           Patience
           ,
           as
           well
           as
           Humility
           ,
           to
           condescend
           to
           the
           Weaknesses
           of
           others
           ;
           but
           where
           it
           is
           our
           Duty
           ,
           we
           must
           do
           it
           ,
           and
           that
           chearfully
           ,
           in
           order
           to
           the
           best
           End
           ,
           viz.
           doing
           the
           more
           good
           upon
           them
           .
           And
           all
           Condescension
           and
           Kindness
           for
           such
           an
           End
           ,
           is
           true
           Wisdom
           as
           well
           as
           Humility
           .
           I
           am
           afraid
           Distance
           and
           too
           great
           Stiffness
           of
           Behaviour
           towards
           them
           ,
           have
           made
           some
           more
           our
           Enemies
           than
           they
           would
           have
           been
           .
           I
           hope
           they
           are
           now
           convinced
           ,
           that
           the
           Persecution
           which
           they
           complained
           lately
           so
           much
           of
           ,
           was
           carried
           on
           by
           other
           Men
           ,
           and
           for
           other
           Designs
           than
           they
           would
           then
           seem
           to
           believe
           .
           But
           that
           Persecution
           was
           then
           a
           popular
           Argument
           for
           them
           ;
           for
           the
           complaining
           side
           hath
           always
           the
           most
           Pity
           .
           But
           now
           that
           is
           taken
           off
           ,
           you
           may
           deal
           with
           them
           on
           more
           equal
           Terms
           .
           Now
           there
           is
           nothing
           to
           affright
           
           them
           ,
           and
           we
           think
           we
           have
           Reason
           enough
           on
           our
           side
           to
           perswade
           them
           .
           The
           Case
           of
           Separation
           stands
           just
           as
           it
           did
           in
           Point
           of
           Conscience
           ,
           which
           is
           not
           now
           one
           jot
           more
           reasonable
           or
           just
           than
           it
           was
           before
           .
           Some
           think
           Severity
           makes
           Men
           consider
           ;
           but
           I
           am
           afraid
           it
           heats
           them
           too
           much
           ,
           and
           makes
           them
           too
           violent
           and
           refractary
           .
           You
           have
           more
           Reason
           to
           fear
           now
           ,
           what
           the
           Interest
           of
           a
           Party
           will
           do
           ,
           than
           any
           Strength
           of
           Argument
           .
           How
           very
           few
           among
           them
           understand
           any
           Reason
           at
           all
           for
           their
           Separation
           !
           But
           Education
           ,
           Prejudice
           ,
           Authority
           of
           their
           Teachers
           sway
           them
           ;
           remove
           these
           ,
           and
           you
           convince
           them
           .
           And
           in
           order
           thereto
           ,
           acquaint
           your selves
           with
           them
           ,
           endeavour
           to
           oblige
           them
           ,
           let
           them
           see
           you
           have
           no
           other
           Design
           upon
           them
           ,
           but
           to
           do
           them
           good
           ;
           if
           any
           thing
           will
           gain
           upon
           them
           ,
           this
           will.
           
        
         
         
           But
           if
           after
           all
           ,
           they
           grow
           more
           headstrong
           and
           insolent
           by
           the
           Indulgence
           which
           the
           Law
           gives
           them
           ;
           then
           observe
           ,
           whether
           they
           observe
           those
           Conditions
           on
           which
           the
           Law
           gives
           it
           to
           them
           .
           For
           these
           are
           known
           Rules
           in
           Law
           ,
           
           
             That
             he
             forfeits
             his
             Privilege
             who
             goes
             beyond
             the
             Bounds
             of
             it
          
           ;
           
           
             That
             no
             Privileges
             are
             to
             be
             extended
             beyond
             the
             Bounds
             which
             the
             Laws
             give
             them
             ;
             for
             they
             ought
             to
             be
             observed
             as
             they
             are
             given
             .
          
           I
           leave
           it
           to
           be
           considered
           ,
           whether
           all
           such
           who
           do
           not
           observe
           the
           Conditions
           of
           the
           Indulgence
           ,
           be
           not
           as
           liable
           to
           the
           Law
           ,
           as
           if
           they
           had
           none
           .
        
         
           But
           there
           is
           a
           very
           profane
           Abuse
           of
           this
           Liberty
           among
           some
           ,
           as
           tho'
           it
           were
           an
           Indulgence
           not
           to
           serve
           God
           at
           all
           .
           Such
           as
           these
           ,
           as
           they
           were
           never
           intended
           by
           the
           Law
           ,
           so
           they
           ought
           to
           enjoy
           no
           Benefit
           by
           it
           :
           For
           this
           were
           to
           countenance
           Profaneness
           and
           Irreligion
           ,
           which
           I
           
           am
           afraid
           ,
           will
           grow
           too
           much
           upon
           us
           ,
           unless
           some
           effectual
           Care
           be
           taken
           to
           suppress
           it
           .
        
         
           VII
           .
           There
           is
           another
           Duty
           incumbent
           upon
           you
           ,
           which
           I
           must
           particularly
           recommend
           to
           your
           Care
           ,
           and
           that
           is
           ,
           of
           
             Visiting
             the
             Sick.
          
           I
           do
           not
           mean
           barely
           to
           perform
           the
           Office
           prescribed
           ,
           which
           is
           of
           very
           good
           Use
           ,
           and
           ought
           not
           to
           be
           neglected
           ;
           but
           a
           particular
           Application
           of
           your selves
           to
           the
           State
           and
           Condition
           of
           the
           Persons
           you
           visit
           .
           It
           is
           no
           hard
           matter
           to
           run
           over
           some
           Prayers
           ,
           and
           so
           take
           leave
           ;
           but
           this
           doth
           not
           come
           up
           to
           the
           Design
           of
           our
           Church
           in
           that
           Office
           :
           For
           ,
           after
           the
           general
           Exhoratation
           and
           Profession
           of
           the
           Christian
           Faith
           ,
           our
           Church
           requires
           ,
           That
           
             the
             sick
             Person
             be
             moved
             to
             make
             special
             Confession
             of
             his
             Sins
             ,
             if
             he
             feel
             his
             Conscience
             troubled
             with
             any
             weighty
             matter
          
           ;
           and
           then
           
             if
             the
             sick
             Person
             humbly
             and
             heartily
             
             desires
             it
             ,
          
           he
           is
           to
           be
           absolved
           after
           this
           manner
           ,
           
             Our
             Lord
             Iesus
             Christ
             ,
             who
             hath
             left
             Power
             in
             his
             Church
             to
             absolve
             all
             Sinners
             who
             truly
             repent
             and
             believe
             in
             him
             ,
          
           &c.
           
           Where
           the
           power
           of
           Absolution
           is
           grounded
           upon
           the
           Supposition
           of
           true
           Faith
           and
           Repentance
           ;
           and
           therefore
           when
           it
           is
           said
           afterwards
           ,
           
             And
             by
             his
             Authority
             committed
             to
             me
             ,
             I
             absolve
             thee
             from
             the
             same
             ,
          
           &c.
           it
           must
           proceed
           on
           the
           same
           Supposition
           .
           For
           the
           Church
           cannot
           absolve
           when
           God
           doth
           not
           .
           So
           that
           all
           the
           real
           Comfort
           of
           the
           Absolution
           depends
           upon
           the
           Satisfaction
           of
           the
           person's
           Mind
           ,
           as
           to
           the
           Sincerity
           of
           his
           Repentance
           and
           Faith
           in
           Christ.
           Now
           here
           lies
           the
           great
           Difficulty
           of
           this
           Office
           ;
           how
           to
           give
           your selves
           and
           the
           wounded
           Conscience
           Satisfaction
           ,
           as
           to
           the
           Sincerity
           of
           those
           Acts
           ;
           I
           do
           not
           mean
           as
           to
           the
           Sincerity
           of
           his
           present
           Thoughts
           ,
           but
           as
           to
           the
           Acceptableness
           
           of
           his
           Faith
           and
           Repentance
           with
           God
           ,
           in
           order
           to
           Remission
           of
           Sins
           .
           But
           what
           if
           you
           find
           the
           Persons
           so
           ignorant
           ,
           as
           not
           to
           understand
           what
           Faith
           and
           Repentance
           mean
           ?
           What
           if
           they
           have
           led
           such
           careless
           and
           secure
           lives
           in
           this
           World
           ,
           as
           hardly
           ever
           to
           have
           had
           one
           serious
           Thought
           of
           another
           ?
           Is
           nothing
           to
           be
           done
           but
           to
           come
           and
           pray
           by
           them
           ,
           and
           so
           dismiss
           them
           into
           their
           Eternal
           State
           ?
           Is
           this
           all
           the
           good
           you
           can
           ,
           or
           are
           bound
           to
           do
           them
           ?
           I
           confess
           it
           is
           a
           very
           uncomfortable
           thing
           to
           tell
           Men
           how
           they
           are
           to
           begin
           to
           live
           ,
           when
           they
           are
           liker
           to
           die
           than
           to
           live
           (
           and
           the
           People
           generally
           have
           a
           strange
           superstitious
           Fear
           of
           sending
           for
           the
           Minister
           ,
           while
           there
           is
           any
           hope
           of
           Recovery
           .
           )
           But
           at
           last
           you
           are
           sent
           for
           ;
           and
           what
           a
           melancholy
           Work
           are
           you
           then
           to
           go
           about
           ?
           You
           are
           ,
           it
           may
           be
           ,
           to
           make
           a
           Man
           sensible
           of
           his
           Sins
           ,
           who
           
           never
           before
           considered
           what
           they
           were
           ,
           or
           against
           whom
           they
           were
           committed
           ,
           or
           what
           eternal
           Misery
           he
           deserves
           by
           committing
           them
           .
           But
           I
           will
           suppose
           the
           best
           I
           can
           in
           this
           Case
           ,
           viz.
           That
           by
           your
           warm
           and
           serious
           Discourse
           ,
           you
           throughly
           awaken
           the
           Conscience
           of
           a
           long
           and
           habitual
           Sinner
           ;
           what
           are
           you
           then
           to
           do
           ?
           Will
           you
           presently
           apply
           all
           the
           Promises
           of
           Grace
           and
           Salvation
           to
           one
           whose
           Conscience
           is
           awakened
           only
           with
           the
           Fears
           of
           Death
           ,
           and
           the
           Terrors
           of
           a
           Day
           of
           Judgment
           ?
           This
           ,
           I
           confess
           ,
           is
           a
           hard
           Case
           ;
           on
           the
           one
           side
           ,
           we
           must
           not
           discourage
           good
           Beginnings
           in
           any
           ;
           we
           must
           not
           cast
           an
           awakened
           Sinner
           into
           Despair
           ;
           we
           must
           not
           limit
           the
           infinite
           Mercy
           of
           God
           :
           But
           on
           the
           other
           side
           ,
           we
           must
           have
           a
           great
           care
           of
           incouraging
           presumptuous
           Sinners
           to
           put
           off
           their
           Repentance
           to
           the
           last
           ,
           because
           then
           upon
           Confession
           
           of
           their
           Sins
           ,
           they
           can
           so
           easily
           obtain
           the
           Churches
           Absolution
           ,
           which
           goes
           no
           farther
           ,
           than
           
             truly
             Repenting
             and
             Believing
          
           .
           But
           here
           is
           the
           difficulty
           ,
           how
           we
           can
           satisfie
           our selves
           that
           these
           do
           
             truly
             Repent
             and
             Believe
          
           ,
           who
           are
           out
           of
           a
           Capacity
           of
           giving
           Proof
           of
           their
           Sincerity
           by
           Amendment
           of
           Life
           ?
           I
           do
           not
           question
           the
           Sincerity
           of
           their
           present
           Purposes
           ;
           but
           how
           often
           do
           we
           find
           those
           to
           come
           to
           nothing
           ,
           when
           they
           recover
           and
           fall
           into
           the
           former
           Temptations
           ?
           How
           then
           shall
           they
           know
           their
           own
           Sincerity
           till
           it
           be
           tried
           ?
           How
           can
           it
           be
           tried
           ,
           when
           they
           are
           going
           out
           of
           the
           State
           of
           Trial
           ?
           The
           most
           we
           can
           do
           ,
           is
           to
           encourage
           them
           to
           do
           the
           best
           they
           can
           in
           their
           present
           Condition
           ,
           and
           to
           shew
           as
           many
           of
           the
           Fruits
           of
           true
           Repentance
           as
           their
           Circumstances
           will
           allow
           ;
           and
           with
           the
           greatest
           Humility
           of
           Mind
           ,
           and
           most
           earnest
           
           Supplications
           to
           implore
           the
           infinite
           Mercy
           of
           God
           to
           their
           Souls
           .
           But
           besides
           these
           ,
           there
           are
           many
           Cases
           of
           sick
           Persons
           ,
           which
           require
           very
           particular
           Advice
           ,
           and
           Spiritual
           Direction
           ,
           which
           you
           ought
           to
           be
           able
           to
           give
           them
           ,
           and
           it
           cannot
           be
           done
           without
           some
           good
           Measure
           of
           Skill
           and
           Experience
           in
           casuistical
           Divinity
           .
           As
           ,
           How
           to
           satisfie
           a
           doubting
           Conscience
           ,
           as
           to
           its
           own
           Sincerity
           ,
           when
           so
           many
           Infirmities
           are
           mixed
           with
           our
           best
           Actions
           ?
           How
           a
           Sinner
           who
           hath
           relapsed
           after
           Repentance
           ,
           can
           be
           satisfied
           of
           the
           Truth
           of
           his
           Repentance
           ,
           when
           he
           doth
           not
           know
           ,
           but
           he
           may
           farther
           relapse
           upon
           fresh
           Temptations
           ?
           How
           he
           shall
           know
           what
           Failings
           are
           consistent
           with
           the
           State
           of
           Grace
           ,
           and
           the
           Hopes
           of
           Heaven
           ,
           and
           what
           not
           ?
           What
           Measure
           of
           Conviction
           and
           Power
           of
           Resistance
           is
           necessary
           to
           make
           Sins
           to
           be
           wilful
           and
           presumptuous
           ?
           What
           
           the
           just
           Measures
           of
           Restitution
           are
           in
           order
           to
           true
           Repentance
           ,
           in
           all
           such
           Injuries
           which
           are
           capable
           of
           it
           ?
           I
           might
           name
           many
           others
           ,
           but
           these
           I
           only
           mention
           to
           shew
           how
           necessary
           it
           is
           for
           you
           to
           apply
           your selves
           to
           Moral
           and
           
             Casuistical
             Divinity
          
           ,
           and
           not
           to
           content
           your selves
           barely
           with
           the
           Knowledge
           of
           what
           is
           called
           Positive
           and
           Controversial
           .
           I
           am
           afraid
           there
           are
           too
           many
           who
           think
           they
           need
           to
           look
           after
           no
           more
           than
           what
           qualifies
           them
           for
           the
           Pulpit
           ;
           (
           and
           I
           wish
           all
           did
           take
           sufficient
           care
           of
           that
           )
           but
           if
           we
           would
           do
           our
           Duty
           as
           we
           ought
           ,
           we
           must
           inquire
           into
           ,
           and
           be
           able
           to
           resolve
           Cases
           of
           Conscience
           .
           For
           
             the
             Priests
             Lips
             should
             keep
          
           this
           kind
           of
           
             Knowledge
             ;
             and
             the
             People
             should
             seek
             the
             Law
             at
             his
             Mouth
             ;
             for
             he
             is
             the
             Messenger
             of
             the
             Lord
             of
             hosts
             ,
          
           Mal.
           2.
           7.
           
           If
           this
           held
           in
           the
           Levitical
           Priesthood
           ,
           much
           more
           certainly
           under
           the
           Gospel
           ,
           
           where
           the
           Rates
           and
           Measures
           of
           our
           Duties
           are
           not
           to
           be
           determined
           by
           Levitical
           Precepts
           ,
           but
           by
           the
           general
           Reason
           and
           Nature
           of
           Moral
           Actions
           .
        
         
           VIII
           .
           Among
           the
           Duties
           of
           
             Publick
             Worship
          
           ,
           I
           must
           put
           you
           in
           mind
           of
           a
           
             Frequent
             Celebration
             of
             the
             Lord's
             Supper
             .
          
           There
           is
           generally
           too
           great
           a
           Neglect
           of
           this
           ,
           which
           is
           the
           most
           proper
           part
           of
           
             Evangelical
             Worship
          
           .
           The
           Duties
           of
           
             Prayers
             and
             Praises
          
           ,
           are
           excellent
           and
           becoming
           Duties
           ,
           as
           we
           are
           Creatures
           with
           respect
           to
           our
           Maker
           and
           Preserver
           .
           The
           Duty
           of
           hearing
           the
           Word
           of
           God
           read
           and
           explained
           ,
           is
           consequent
           upon
           our
           owning
           it
           to
           be
           the
           Rule
           of
           our
           Faith
           and
           Manners
           ;
           and
           all
           who
           desire
           to
           understand
           and
           practise
           their
           Duty
           ,
           can
           never
           despise
           or
           neglect
           it
           .
           But
           that
           solemn
           Act
           of
           Worship
           wherein
           we
           do
           most
           shew
           our selves
           Christians
           ,
           is
           the
           celebrating
           the
           
             Holy
             
             Eucharist
          
           .
           For
           ,
           therein
           we
           own
           and
           declare
           
             the
             infinite
             Love
             of
             God
             in
             sending
             his
             Son
             into
             the
             World
             to
             die
             for
             Sinners
             ,
             in
             order
             to
             their
             Salvation
             ;
             and
             that
             this
             is
             not
             only
             a
             true
             Saying
             ,
             but
             worthy
             of
             all
             Men
             to
             be
             credited
             .
          
           Therein
           ,
           
             we
             lift
             up
             our
             Hearts
             ,
             and
             give
             Thanks
             to
             our
             Lord
             God
             ;
             we
             joyn
             with
             Angels
             and
             Archangels
             in
             lauding
             and
             magnifying
             his
             glorious
             Name
             .
          
           Therein
           ,
           we
           not
           only
           commemorate
           the
           Death
           and
           Sufferings
           of
           our
           Lord
           ,
           but
           are
           made
           Partakers
           of
           his
           Body
           and
           Blood
           ,
           after
           a
           Real
           ,
           but
           Sacramental
           Manner
           .
           Therein
           
             we
             offer
             up
             our selves
             to
             God
             ,
             to
             be
             a
             Reasonable
             ,
             Holy
             and
             Lively
             Sacrifice
             unto
             him
             .
          
           Therein
           we
           Adore
           and
           Glorifie
           the
           ever
           Blessed
           Trinity
           ;
           and
           humbly
           implore
           the
           Grace
           and
           Assistance
           of
           our
           ever
           Blessed
           Mediator
           .
           And
           what
           now
           is
           there
           in
           all
           this
           ,
           which
           is
           not
           very
           agreeable
           to
           the
           Faith
           ,
           Hope
           and
           Charity
           of
           Christians
           ?
           
           Nay
           ,
           what
           Duty
           is
           there
           ,
           which
           so
           much
           expresses
           all
           these
           together
           ,
           as
           this
           doth
           ?
           Nor
           ,
           whereby
           we
           may
           more
           reasonably
           expect
           greater
           Supplies
           of
           Divine
           Grace
           to
           be
           bestowed
           upon
           us
           ?
           What
           then
           makes
           so
           many
           to
           be
           so
           backward
           in
           this
           Duty
           ,
           which
           profess
           a
           Zeal
           and
           Forwardness
           in
           many
           others
           ?
           If
           we
           had
           that
           Warmth
           and
           Fervor
           of
           Devotion
           ,
           that
           Love
           to
           Christ
           ,
           and
           to
           each
           other
           ,
           which
           the
           primitive
           Christians
           had
           ,
           we
           should
           make
           it
           as
           constant
           a
           part
           of
           our
           publick
           Worship
           ,
           as
           they
           did
           ;
           but
           this
           is
           not
           to
           be
           expected
           .
           Neither
           did
           it
           always
           continue
           in
           the
           Primitive
           Church
           ,
           when
           Liberty
           ,
           and
           Ease
           ,
           and
           worldly
           Temptations
           made
           Persons
           grow
           more
           remiss
           and
           careless
           in
           the
           solemn
           Duties
           of
           their
           Religion
           .
        
         
           S.
           Chrysostom
           takes
           notice
           in
           his
           time
           of
           the
           different
           Behaviour
           of
           Persons
           ,
           
           with
           respect
           to
           the
           holy
           ●●charist
           .
           
           There
           were
           some
           who
           pretended
           to
           greater
           Holiness
           and
           Austerity
           of
           Life
           than
           others
           ,
           who
           withdrew
           from
           the
           common
           Conversation
           of
           Mankind
           ,
           and
           so
           by
           degrees
           from
           joining
           in
           the
           Acts
           of
           publick
           Worship
           with
           them
           .
           Which
           did
           unspeakable
           Mischief
           to
           Christianity
           ;
           for
           then
           the
           Perfection
           of
           the
           Christian
           Life
           ,
           was
           not
           supposed
           to
           consist
           in
           the
           Active
           Part
           of
           it
           ,
           but
           in
           Retirement
           and
           Contemplation
           .
           As
           tho'
           our
           highest
           Imitation
           of
           Christ
           lay
           in
           
             following
             him
             into
             the
             Wilderness
             to
             be
             tempted
             of
             the
             Devil
             ;
             and
             not
             in
             walking
             as
             he
             walked
             ,
          
           who
           frequented
           
             the
             Synagogues
             ,
             and
             went
             about
             doing
             good
             .
          
        
         
           But
           this
           way
           of
           Retirement
           happening
           to
           be
           admired
           by
           some
           great
           Men
           ,
           the
           Publick
           Worship
           came
           to
           be
           in
           less
           esteem
           ;
           and
           others
           upon
           Reasons
           of
           a
           different
           Nature
           ,
           withdrew
           themselves
           from
           such
           Acts
           of
           
           Devotion
           as
           required
           a
           stricter
           Attendance
           ,
           and
           a
           more
           prepared
           Temper
           of
           Mind
           .
           And
           there
           were
           some
           who
           did
           abstain
           ,
           because
           they
           were
           not
           so
           well
           satisfied
           with
           themselves
           as
           to
           their
           own
           Preparations
           ;
           and
           such
           as
           these
           S.
           Chrysostom
           seems
           to
           favour
           ,
           rather
           than
           such
           who
           came
           often
           without
           due
           care
           ,
           as
           to
           the
           whole
           Course
           of
           their
           Lives
           ;
           only
           out
           of
           custom
           ,
           or
           out
           of
           regard
           to
           the
           Orders
           of
           the
           Church
           .
           From
           hence
           many
           thought
           it
           better
           to
           forbear
           ,
           as
           long
           as
           they
           did
           it
           not
           out
           of
           Contempt
           .
           And
           so
           by
           degrees
           the
           People
           were
           content
           to
           look
           on
           it
           as
           a
           Sacrifice
           for
           them
           to
           be
           performed
           by
           others
           ,
           rather
           than
           as
           an
           Office
           ,
           wherein
           they
           were
           to
           bear
           a
           part
           themselves
           ;
           at
           least
           ,
           they
           thought
           once
           or
           thrice
           a
           Year
           sufficient
           for
           them
           .
           And
           to
           this
           ,
           as
           appears
           by
           our
           old
           
             Provincial
             Constitutions
          
           ,
           
           they
           were
           forced
           by
           severe
           Canons
           .
        
         
         
           When
           the
           Reformation
           began
           ,
           this
           Disuse
           of
           this
           holy
           Sacrament
           was
           looked
           on
           ,
           by
           the
           chief
           Reformers
           ,
           as
           a
           great
           Abuse
           and
           Corruption
           crept
           into
           the
           Church
           ,
           which
           ought
           by
           all
           means
           to
           be
           reformed
           ;
           and
           the
           frequent
           Celebration
           of
           it
           set
           up
           in
           the
           Reformed
           Churches
           .
           
           But
           unreasonable
           Scruples
           in
           some
           ,
           and
           Misapprehensions
           in
           others
           ,
           and
           a
           general
           Coldness
           and
           Indifference
           ,
           
           as
           to
           Matters
           of
           Religion
           ,
           
           have
           hitherto
           hindered
           the
           Reviving
           this
           Primitive
           Part
           of
           Devotion
           among
           us
           .
        
         
           I
           do
           not
           go
           about
           to
           determine
           the
           Frequency
           in
           your
           Parishes
           ,
           which
           the
           Scripture
           doth
           not
           as
           to
           the
           Christian
           Church
           ,
           but
           supposes
           it
           to
           be
           
             often
             done
          
           ;
           but
           I
           may
           require
           you
           to
           take
           care
           that
           Christ's
           Institution
           be
           observed
           among
           you
           ;
           and
           that
           with
           your
           utmost
           care
           ,
           both
           as
           to
           the
           Decency
           and
           Purity
           of
           it
           .
        
         
         
           The
           last
           thing
           I
           recommend
           to
           you
           all
           ,
           is
           ,
           
             To
             have
             a
             great
             care
             of
             your
             Conversations
             .
          
           I
           do
           not
           speak
           it
           out
           of
           a
           distrust
           of
           you
           ;
           I
           hope
           you
           do
           it
           already
           :
           and
           your
           Case
           will
           be
           so
           much
           worse
           ,
           if
           you
           do
           it
           not
           ,
           because
           you
           very
           well
           know
           how
           much
           you
           ought
           to
           do
           it
           .
           For
           the
           Honour
           of
           God
           and
           Religion
           ,
           and
           the
           Success
           of
           your
           Ministry
           ,
           as
           well
           as
           your
           own
           Salvation
           ,
           depend
           very
           much
           upon
           it
           .
           Lead
           your
           Flock
           by
           your
           Example
           ,
           as
           well
           as
           by
           your
           Doctrine
           ,
           and
           then
           you
           may
           much
           better
           hope
           that
           they
           will
           follow
           you
           ;
           for
           the
           People
           are
           naturally
           Spies
           upon
           their
           Ministers
           ,
           and
           if
           they
           observe
           them
           to
           mind
           nothing
           but
           the
           World
           all
           the
           Week
           ,
           they
           will
           not
           believe
           them
           in
           earnest
           ,
           when
           on
           the
           Lords
           Days
           they
           perswade
           them
           against
           it
           .
           And
           it
           takes
           off
           the
           Weight
           of
           all
           Reproof
           of
           other
           Mens
           Faults
           ,
           if
           those
           they
           reprove
           have
           reason
           to
           believe
           
           them
           guilty
           of
           the
           same
           .
           I
           do
           not
           think
           it
           enough
           for
           
             a
             Preacher
             of
             Righteousness
          
           merely
           to
           avoid
           open
           and
           scandalous
           Sins
           ,
           but
           he
           ought
           to
           be
           a
           great
           Example
           to
           others
           in
           the
           most
           excellent
           Virtues
           which
           adorn
           our
           Profession
           ,
           not
           only
           in
           
             Temperance
             and
             Chastity
          
           ,
           in
           
             Iustice
             and
             ordinary
             Charity
          
           ,
           but
           in
           a
           readiness
           to
           do
           good
           to
           all
           ,
           in
           forgiving
           Injuries
           ,
           in
           loving
           Enemies
           ,
           in
           evenness
           of
           Temper
           ,
           in
           Humility
           and
           Meekness
           ,
           and
           Patience
           ,
           and
           Submission
           to
           God's
           Will
           ,
           and
           in
           frequent
           Retirements
           from
           the
           World
           ,
           not
           meerly
           for
           Study
           ,
           but
           for
           Devotion
           .
           If
           by
           these
           and
           such
           things
           you
           
             shine
             as
             Lights
          
           among
           your
           People
           ,
           they
           will
           be
           more
           ready
           to
           follow
           your
           Conduct
           ;
           and
           in
           probability
           you
           will
           not
           only
           stop
           their
           Mouths
           ,
           but
           gain
           their
           Hearts
           .
           For
           among
           all
           the
           Ways
           of
           advancing
           the
           Credit
           and
           Interest
           of
           the
           Church
           of
           England
           ,
           one
           of
           the
           most
           succesful
           
           will
           be
           the
           diligent
           Labours
           ,
           and
           the
           exemplary
           Lives
           of
           the
           Clergy
           in
           it
           .
        
         
           But
           if
           Men
           will
           not
           regard
           their
           own
           ,
           or
           the
           Churches
           Interest
           in
           this
           matter
           ;
           if
           they
           will
           break
           their
           Rules
           in
           such
           a
           manner
           ,
           as
           to
           dishonour
           God
           ,
           and
           the
           Church
           ,
           and
           themselves
           by
           it
           ;
           then
           you
           are
           to
           consider
           the
           next
           thing
           I
           was
           to
           speak
           to
           ,
           which
           is
           ,
        
         
           II.
           What
           Authority
           is
           given
           to
           us
           for
           the
           punishing
           Offenders
           in
           our
           Diocesses
           by
           the
           
             Ecclesiastical
             Law
          
           of
           this
           Realm
           .
           For
           this
           we
           are
           to
           consider
           ,
           That
           our
           Authority
           herein
           is
           not
           derived
           from
           any
           modern
           Canons
           or
           Constitutions
           of
           this
           Church
           (
           altho'
           due
           Regard
           ought
           to
           be
           shewed
           to
           them
           )
           but
           from
           the
           ancient
           
             Common
             Law
             Ecclesiastical
          
           in
           this
           Realm
           ,
           which
           still
           continues
           in
           force
           .
           For
           as
           there
           is
           a
           
             Common
             Law
          
           with
           respect
           to
           
             Civil
             Rights
          
           ,
           which
           depends
           not
           on
           the
           
             Feudal
             Constitutions
          
           ,
           altho'
           in
           many
           
           things
           it
           be
           the
           same
           with
           them
           ;
           but
           upon
           
             ancient
             Practice
             ,
             and
             general
             Consent
          
           of
           the
           People
           from
           Age
           to
           Age.
           So
           ,
           I
           say
           ,
           there
           is
           a
           
             Common
             Law
             Ecclesiastical
          
           ,
           which
           altho'
           in
           many
           things
           it
           may
           be
           the
           same
           with
           the
           
             Canon
             Law
          
           ,
           which
           is
           read
           in
           the
           Books
           ;
           yet
           it
           hath
           not
           its
           force
           from
           any
           Papal
           or
           
             Legatine
             Constitutions
          
           ,
           but
           from
           the
           
             Acceptance
             and
             Practice
          
           of
           it
           in
           our
           Church
           .
           I
           could
           easily
           shew
           (
           if
           the
           time
           would
           permit
           )
           that
           
             Papal
             and
             Legatine
             Constitutions
          
           were
           not
           received
           here
           ,
           altho'
           directed
           hither
           ;
           that
           some
           
             Provincial
             Constitutions
          
           never
           obtained
           the
           Force
           of
           
             Ecclesiastical
             Laws
          
           ;
           
           but
           my
           business
           is
           to
           shew
           what
           did
           obtain
           and
           continue
           still
           to
           have
           the
           Force
           of
           such
           
             Ecclesiastical
             Laws
          
           among
           us
           .
        
         
           By
           the
           Statute
           of
           25
           
             H.
             8.
             c.
          
           19.
           it
           is
           declared
           ,
           
             That
             such
             Canons
             ,
             Constitutions
             ,
             Ordinances
             ,
             and
             Synodals
             Provincial
             being
             already
             
             made
             ,
             which
             be
             not
             contrariant
             nor
             repugnant
             to
             the
             Laws
             ,
             Statutes
             ,
             and
             Customs
             of
             this
             Realm
             ,
             nor
             to
             the
             Damage
             or
             Hurt
             to
             the
             King's
             Prerogative
             Royal
             ,
             shall
             now
             still
             be
             used
             and
             executed
             as
             they
             were
             afore
             the
             making
             of
             this
             Act
             ,
             &c.
             
          
           It
           's
           true
           ,
           a
           Review
           was
           appointed
           ,
           but
           such
           Difficulties
           were
           found
           in
           it
           ,
           as
           to
           the
           shaking
           the
           Foundations
           of
           the
           
             Ecclesiastical
             Law
          
           here
           ,
           that
           nothing
           was
           ever
           legally
           established
           in
           it
           ;
           and
           therefore
           this
           Law
           is
           still
           in
           force
           .
        
         
           In
           the
           
             Statute
             25
             H.
             8.
             c.
          
           21.
           it
           is
           said
           ,
           
             That
             this
             Realm
             Recognizing
             no
             Superiour
             under
             God
             but
             the
             King
             ,
             hath
             been
             ,
             and
             is
             free
             from
             Subjection
             to
             any
             Man's
             Laws
             ,
             but
             only
             to
             such
             as
             have
             been
             Devised
             ,
             Made
             ,
             and
             Observed
             within
             this
             Realm
             ,
             for
             the
             Wealth
             of
             the
             same
             :
             or
             to
             such
             other
             ,
             as
             by
             the
             Sufferance
             of
             the
             King
             and
             his
             
             Progenitors
             ,
             the
             People
             of
             this
             Realm
             have
             taken
             at
             their
             free
             Liberty
             ,
             by
             their
             own
             Consent
             ,
             to
             be
             used
             amongst
             them
             ,
             and
             have
             bound
             themselves
             by
             long
             Use
             and
             Custom
             to
             Observance
             of
             the
             same
             ,
             not
             as
             to
             the
             Observance
             of
             the
             Laws
             of
             any
             Foreign
             Prince
             ,
             Potentate
             ,
             or
             Prelate
             ,
             but
             as
             to
             the
             Customs
             and
             ancient
             Laws
             of
             this
             Realm
             ,
             originally
             established
             ,
             as
             Laws
             of
             the
             same
             by
             the
             said
             Sufferance
             ,
             Consent
             ,
             Custom
             ,
             and
             none
             otherwise
             .
          
        
         
           All
           that
           I
           have
           now
           to
           do
           ;
           is
           to
           shew
           what
           Authority
           the
           Bishops
           had
           over
           the
           Clergy
           by
           the
           Ancient
           
             Ecclesiastical
             Law
          
           of
           this
           Realm
           ;
           and
           what
           Censu●es
           they
           were
           liable
           to
           for
           some
           particular
           Offences
           .
        
         
           I.
           
             By
             the
          
           Ecclesiastical
           Law
           
             the
             Bishop
             is
          
           Iudge
           
             of
             the
          
           Fitness
           
             of
             any
          
           Clerk
           
             presented
             to
             a
          
           Benefice
           .
           
             This
             is
             confessed
             by
             the
             Lord
          
           Coke
           
             in
             these
             
             Words
          
           :
           
           And
           the
           Examination
           of
           the
           Ability
           and
           Sufficiency
           of
           the
           Person
           presented
           ,
           belongs
           to
           the
           Bishop
           ,
           who
           is
           the
           Ecclesiastical
           Iudge
           ,
           and
           in
           the
           Examination
           he
           is
           a
           Iudge
           ,
           and
           not
           a
           Minister
           ,
           and
           may
           and
           ought
           to
           refuse
           the
           Person
           presented
           ,
           if
           he
           be
           not
           
             Persona
             idonea
             .
             But
             this
             is
             plain
             to
             have
             been
             the
             Ancient
          
           Ecclesiastical
           
             Law
             of
             this
             Realm
             ,
             by
             the
          
           Articul
           .
           Cleri
           in
           Edw.
           II.
           time
           ,
           De
           Idoneitate
           Personae
           praesentatae
           ad
           Beneficium
           Ecclesiasticum
           pertinet
           Examinatio
           ad
           Iudicem
           Ecclesiasticum
           ,
           &
           ita
           est
           hactenus
           usitatum
           ,
           &
           fiat
           in
           futurum
           .
        
         
           By
           the
           
             Provincial
             Constitutions
          
           at
           Oxford
           in
           the
           time
           of
           Hen.
           III.
           
           the
           Bishop
           is
           required
           to
           admit
           the
           Clerk
           who
           is
           presented
           ,
           without
           Opposition
           ,
           within
           two
           Months
           ,
           
             dum
             tamen
             idoneus
             sit
          
           ,
           if
           he
           thinks
           him
           fit
           .
           So
           much
           time
           is
           allowed
           ,
           
             propter
             Examinationem
          
           ,
           saith
           Lyndwood
           ;
           even
           when
           there
           is
           no
           Dispute
           about
           
           Right
           of
           Patronage
           .
           The
           main
           thing
           he
           is
           to
           be
           examined
           upon
           ,
           is
           
             his
             Ability
             to
             discharge
             his
             Pastoral
             Duty
             ,
          
           as
           Coke
           calls
           it
           ;
           or
           as
           Lyndwood
           saith
           ,
           whether
           he
           be
           
             commendandus
             Scientia
             &
             Moribus
          
           .
           As
           to
           the
           former
           ,
           the
           Bishop
           may
           judge
           himself
           ;
           but
           as
           to
           the
           latter
           ,
           he
           must
           take
           the
           Testimonials
           of
           others
           ;
           and
           I
           heartily
           wish
           the
           Clergy
           would
           be
           more
           careful
           in
           giving
           them
           ,
           by
           looking
           on
           it
           as
           a
           Matter
           of
           Conscience
           ,
           and
           not
           meerly
           of
           Civility
           ;
           for
           otherwise
           it
           will
           be
           impossible
           to
           avoid
           the
           pestering
           the
           Church
           with
           scandalous
           and
           ignorant
           Wretches
           .
           If
           the
           Bishop
           refuses
           to
           admit
           within
           the
           time
           (
           which
           by
           the
           Modern
           Canons
           is
           limited
           to
           Twenty
           eight
           Days
           after
           the
           Presentation
           delivered
           )
           he
           is
           liable
           to
           a
           
             Duplex
             Querela
          
           in
           the
           Ecclesiastical
           Courts
           ,
           
           and
           a
           
             Quare
             impedit
          
           at
           Common
           Law
           ;
           and
           then
           he
           must
           certifie
           the
           Reasons
           of
           his
           Refusal
           .
           In
           
           Specot's
           
           Case
           it
           is
           said
           ,
           That
           in
           15
           
             Hen.
             7.
             7
             ,
             8.
             all
             the
             Iudges
             agreed
             ,
          
           
           
             that
             the
             Bishop
             is
             Iudge
             in
             the
             Examination
             ,
             and
             therefore
             the
             Law
             giveth
             Faith
             and
             Credit
             to
             his
             Iudgment
             .
          
           But
           because
           great
           Inconveniencies
           might
           otherwise
           happen
           ,
           the
           general
           Allegation
           is
           not
           sufficient
           ,
           but
           he
           must
           certifie
           specially
           and
           directly
           ;
           and
           the
           general
           Rule
           is
           ,
           and
           it
           was
           so
           resolved
           by
           the
           Judges
           ,
           
             That
             all
             such
             as
             are
             sufficient
             Causes
             of
             Deprivation
             of
             an
             Incumbent
             ,
             are
             sufficient
             Causes
             to
             refuse
             a
             Presentee
             .
          
           But
           by
           the
           Canon
           Law
           *
           more
           are
           allowed
           .
           In
           the
           Constitutions
           of
           Othobon
           ,
           the
           Bishop
           is
           required
           particularly
           to
           enquire
           into
           the
           Life
           and
           Conversation
           of
           him
           that
           is
           presented
           ;
           and
           afterwards
           ,
           that
           if
           a
           Bishop
           admits
           another
           who
           is
           guilty
           of
           the
           same
           Fault
           for
           which
           he
           rejected
           the
           former
           ,
           
           his
           Institution
           is
           declared
           null
           and
           void
           .
           
           By
           the
           Canon
           Law
           ,
           if
           a
           Bishop
           maliciously
           
           refuses
           to
           admit
           a
           fit
           Person
           ,
           he
           is
           bound
           to
           provide
           another
           Benefice
           for
           him
           ;
           but
           our
           Ecclesiastical
           Law
           much
           better
           puts
           him
           upon
           the
           Proof
           of
           the
           Cause
           of
           his
           Refusal
           .
           But
           if
           the
           Bishop
           doth
           not
           examine
           him
           ,
           the
           Canonists
           say
           it
           is
           a
           Proof
           sufficient
           that
           he
           did
           it
           malitiosé
           .
           
           If
           a
           Bishop
           once
           rejects
           a
           Man
           for
           Insufficiency
           ,
           he
           cannot
           afterwards
           accept
           or
           admit
           of
           him
           ;
           as
           was
           adjudged
           in
           the
           Bishop
           of
           Hereford's
           Case
           .
           If
           a
           Man
           brings
           a
           Presentation
           to
           a
           Benefice
           ,
           
           the
           Bishop
           is
           not
           barely
           to
           examine
           him
           as
           to
           Life
           and
           Abilities
           ,
           but
           he
           must
           be
           satisfied
           that
           he
           is
           in
           Orders
           .
           How
           can
           he
           be
           satisfied
           ,
           unless
           the
           other
           produce
           them
           ?
           How
           can
           he
           produce
           them
           ,
           when
           it
           may
           be
           they
           are
           lost
           ?
           What
           is
           to
           be
           done
           in
           this
           Case
           ?
           
           The
           Canon
           is
           express
           ,
           
             That
             no
             Bishop
             shall
             institute
             any
             to
             a
             Benefice
             ,
             who
             hath
             been
             Ordained
             by
             any
             other
             Bishop
             ,
          
           (
           for
           if
           
           he
           Ordained
           him
           himself
           ,
           he
           cannot
           after
           reject
           him
           ,
           because
           the
           Law
           supposes
           him
           to
           have
           examined
           and
           approved
           him
           )
           
             except
             he
             first
             shew
             unto
             him
             his
             Letters
             of
             Orders
             ,
             and
             bring
             him
             a
             sufficient
             Testimony
             of
             his
             fo●mer
             good
             Life
             and
             Behaviour
             ,
             if
             the
             Bishop
             shall
             require
             it
             ;
             and
             lastly
             ,
             shall
             appear
             upon
             due
             Examination
             to
             be
             worthy
             of
             the
             Ministry
             .
          
           But
           yet
           in
           Palmes
           and
           the
           Bishop
           of
           
           Peterborough's
           Case
           ,
           it
           was
           adjudged
           ,
           That
           no
           Lapse
           did
           accrue
           by
           the
           Clerk's
           not
           shewing
           his
           Orders
           ,
           for
           the
           Bishop
           upon
           his
           not
           coming
           to
           him
           again
           ,
           collated
           after
           six
           Months
           .
           But
           the
           Court
           agreed
           ,
           
           That
           the
           Clerk
           ought
           to
           make
           Proof
           of
           his
           Orders
           ;
           but
           they
           differed
           about
           the
           manner
           of
           their
           Proof
           .
           Anderson
           said
           ,
           The
           Bishop
           might
           give
           him
           his
           Oath
           .
           But
           if
           a
           Proof
           were
           necessary
           ,
           and
           the
           Clerk
           did
           not
           come
           to
           make
           Proof
           ,
           it
           seems
           to
           me
           to
           be
           a
           very
           hard
           Judgment
           .
        
         
         
           II.
           The
           Bishop
           by
           the
           Ecclesiastical
           Law
           ,
           
           is
           to
           visit
           his
           Diocess
           ,
           and
           to
           take
           an
           account
           of
           the
           Clergy
           how
           they
           behave
           themselves
           in
           the
           Duties
           of
           their
           Places
           .
           By
           the
           eldest
           Canons
           I
           can
           find
           ,
           the
           Bishops
           Visitation
           is
           supposed
           as
           a
           thing
           implied
           in
           his
           Office
           ;
           whereby
           he
           is
           obliged
           to
           look
           after
           the
           good
           Estate
           of
           his
           whole
           Diocess
           ,
           and
           especially
           of
           the
           Clergy
           in
           it
           .
           
           In
           the
           time
           of
           Hubert
           Arehbishop
           of
           Canterbury
           ,
           in
           the
           beginning
           of
           King
           
           Iohn's
           time
           ,
           Care
           is
           taken
           in
           the
           Canons
           then
           made
           ,
           
             That
             B●shops
             should
             not
             be
             burdensom
             to
             the
             Clergy
             in
             the
             Number
             of
             the
             Attendants
             in
             their
             Visitations
             ,
             which
             then
             were
             Parochial
             ,
             and
             the
             Number
             allowed
             of
             Twenty
             or
             Thirty
             Horse
             ,
             was
             too
             heavy
             for
             the
             Clergy
             to
             bear
             .
          
           And
           therefore
           by
           degrees
           it
           was
           thought
           fit
           to
           turn
           that
           Charge
           into
           a
           Certainty
           ,
           which
           was
           the
           Original
           of
           Procurations
           .
           By
           the
           Fourth
           Council
           of
           Toledo
           ,
           
           the
           Bishop
           was
           to
           visit
           his
           whole
           Diocess
           ,
           
           Parochially
           ,
           every
           Year
           .
           The
           Gloss
           saith
           ,
           
             if
             there
             were
             occasion
             for
             it
             ;
             and
             that
             the
             Bishop
             may
             visit
             as
             often
             as
             he
             sees
             cause
             ;
             but
             if
             he
             be
             hindered
             ,
          
           the
           Canon
           saith
           ,
           
             he
             may
             send
             others
          
           (
           which
           is
           the
           Original
           of
           the
           
             Arch-Deacon's
             Visitation
             )
             to
             see
             not
             only
             the
             Condition
             of
             the
             Churches
             ,
             but
             the
             Lives
             of
             the
             Ministers
             .
          
           The
           Council
           of
           Braga
           in
           the
           latter
           end
           of
           the
           Sixth
           Century
           ,
           
           makes
           this
           the
           first
           Canon
           ,
           That
           all
           Bishops
           should
           visit
           their
           Diocesses
           by
           Parishes
           ,
           and
           there
           should
           first
           examine
           the
           Clergy
           ,
           and
           then
           the
           People
           ;
           and
           in
           another
           Canon
           he
           was
           required
           to
           receive
           only
           his
           
             Cathedraticum
             ,
             i.
             e.
          
           a
           certain
           Sum
           in
           lieu
           of
           Entertainment
           ;
           which
           came
           to
           be
           setled
           by
           Prescription
           .
           The
           Council
           of
           Cavailon
           in
           France
           ,
           
           
             A.
             D.
          
           831.
           fixed
           no
           Sum
           ,
           but
           desired
           the
           Bishops
           to
           be
           no
           Burdens
           to
           the
           Clergy
           in
           their
           
           parochial
           Visitations
           .
           Lyndwood
           saith
           ,
           the
           Ancient
           Procuration
           here
           ,
           was
           
             a
             Day
             and
             Nights
             Entertainment
          
           ;
           
           which
           after
           came
           to
           be
           a
           customary
           Payment
           :
           
           But
           however
           it
           was
           paid
           ,
           it
           is
           an
           evident
           Proof
           of
           the
           Right
           of
           the
           Bishops
           Visitations
           by
           the
           Ancient
           Ecclesiastical
           Law
           ;
           and
           by
           such
           a
           Custom
           as
           is
           allowable
           by
           the
           Rules
           of
           our
           Common
           Law.
           
        
         
           III.
           There
           are
           some
           Faults
           which
           make
           the
           Clergy
           liable
           to
           Deprivation
           by
           Virtue
           of
           the
           Ecclesiastical
           Law
           ,
           which
           was
           here
           received
           .
           I
           shall
           name
           only
           some
           of
           them
           ,
           and
           conclude
           ;
           these
           being
           sufficient
           for
           my
           present
           purpose
           .
        
         
           I.
           
             Excessive
             Drinking
          
           .
           All
           drinking
           
             (
             ad
             Potus
             aequales
          
           )
           was
           absolutely
           forbidden
           to
           Clergymen
           ,
           
           on
           pain
           of
           Suspension
           after
           Admonition
           ;
           not
           only
           by
           a
           Synodical
           ,
           but
           by
           a
           
             Provincial
             Constitution
          
           under
           Edmund
           ,
           Archbishop
           
           of
           Canterbury
           .
           The
           
             Canon
             Law
          
           saith
           in
           that
           case
           ,
           
             ab
             Officio
             vel
             Beneficio
             suspendatur
          
           :
           
           But
           our
           Constitution
           is
           more
           severe
           ,
           
             à
             Beneficio
             &
             Officio
          
           .
           The
           Council
           of
           Oxford
           not
           only
           strictly
           forbids
           all
           Clergymen
           whatever
           tends
           to
           
             Gluttony
             and
             Drunkenness
          
           ;
           
           but
           it
           requires
           the
           Bishops
           to
           proceed
           strictly
           against
           those
           who
           are
           guilty
           ,
           according
           to
           the
           Form
           of
           the
           
             General
             Council
          
           ,
           i.
           e.
           the
           
             Lateran
             ,
             4.
             viz.
          
           by
           Admonition
           first
           ,
           and
           then
           
             Suspension
             .
             Lyndwood
          
           complains
           ,
           That
           
             this
             was
             not
             so
             much
             looked
             after
             as
             it
             should
             be
             ,
             because
             it
             brought
             no
             Profit
          
           ;
           I
           hope
           that
           Reason
           will
           not
           hold
           among
           those
           who
           pretend
           to
           Reformation
           ;
           which
           will
           be
           very
           defective
           ,
           if
           it
           extend
           not
           to
           our
           Lives
           as
           well
           as
           our
           Doctrines
           :
           For
           there
           can
           be
           no
           greater
           Reproach
           than
           to
           see
           those
           loose
           and
           dissolute
           in
           their
           Conversations
           ,
           who
           think
           it
           their
           Honour
           to
           be
           Ministers
           of
           a
           Reformed
           
           Church
           .
           It
           was
           a
           stinging
           Reflection
           upon
           our
           Church
           by
           the
           Archbishop
           of
           Spalato
           ,
           (
           who
           was
           no
           very
           strict
           Man
           himself
           )
           
             That
             he
             saw
             nothing
             Reformed
             among
             us
             but
             our
             Doctrines
             .
          
           
           I
           hope
           there
           was
           more
           of
           Satyr
           than
           of
           Truth
           in
           it
           ;
           for
           I
           do
           not
           question
           ,
           but
           there
           were
           many
           then
           (
           as
           there
           are
           now
           )
           of
           Exemplary
           Lives
           ,
           and
           Unblameable
           Conversations
           ;
           but
           if
           there
           be
           any
           others
           ,
           it
           will
           be
           the
           more
           shame
           not
           to
           proceed
           against
           them
           ;
           since
           even
           before
           the
           Reformation
           ,
           the
           Canons
           were
           so
           strict
           and
           severe
           in
           this
           matter
           .
           In
           the
           Council
           at
           Westminster
           in
           Henry
           II.
           time
           ,
           under
           Richard
           ,
           Archbishop
           of
           
             Canterbury
             ,
             all
             Clergymen
             are
             forbidden
             going
             into
             Taverns
             to
             eat
             or
             drink
             ,
             unless
             upon
             Travelling
          
           ;
           and
           the
           Sanction
           of
           this
           Canon
           is
           ,
           
             aut
             cesset
          
           ,
           
           
             aut
             deponatur
          
           .
           The
           same
           was
           forbidden
           in
           the
           Council
           at
           York
           ,
           in
           the
           time
           of
           Richard
           I.
           
           in
           the
           Council
           
           at
           London
           under
           Hubert
           ,
           in
           the
           time
           of
           King
           Iohn
           .
           
           And
           since
           the
           Reformation
           the
           same
           Canon
           is
           renewed
           ,
           
             That
             no
             Ecclesiastical
             Persons
             shall
             at
             any
             time
             ,
          
           
           
             other
             than
             for
             their
             honest
             Necessities
             ,
             resort
             to
             any
             Taverns
             or
             Ale-houses
             .
          
           And
           there
           have
           been
           Instances
           of
           the
           Severity
           of
           our
           Ecclesiastical
           Censures
           against
           Drunkenness
           in
           Clergymen
           .
        
         
           In
           8
           
             Iac.
             Parker
          
           was
           deprived
           of
           his
           Benefice
           for
           Drunkenness
           ,
           
           and
           moved
           for
           a
           Prohibition
           ,
           but
           it
           was
           denied
           him
           .
        
         
           In
           9
           Iac.
           another
           was
           deprived
           for
           the
           same
           Fault
           ;
           and
           the
           Judges
           at
           Common
           Law
           allowed
           the
           Sentence
           to
           be
           good
           .
        
         
           No
           doubt
           there
           are
           other
           Instances
           ,
           
           but
           we
           had
           not
           known
           of
           these
           ,
           if
           they
           had
           not
           been
           preserved
           in
           Books
           of
           Reports
           .
        
         
           II.
           Incontinency
           .
           
           Lyndwood
           saith
           ,
           Those
           who
           are
           proved
           to
           be
           guilty
           
           of
           it
           ,
           are
           
             ipso
             Iure
             privati
          
           ;
           but
           he
           thinks
           a
           Declaratory
           Sentence
           of
           the
           Ecclesiastical
           Judges
           necessary
           for
           the
           Execution
           of
           it
           .
           
           Since
           the
           Reformation
           ,
           we
           have
           Instances
           of
           Deprivation
           for
           Adultery
           in
           our
           Law
           Books
           .
           One
           12
           Eliz.
           another
           16
           Eliz.
           a
           third
           27
           Eliz.
           These
           are
           enough
           to
           shew
           that
           the
           
             Ecclesiastical
             Law
          
           is
           allowed
           by
           the
           Judges
           of
           Common
           Law
           ,
           to
           continue
           in
           sufficient
           Force
           for
           Deprivation
           in
           this
           Case
           .
        
         
           III.
           Simony
           .
           Which
           is
           the
           Name
           given
           by
           the
           Ecclesiastical
           Law
           ,
           to
           all
           Contracts
           for
           Gain
           in
           the
           disposing
           or
           obtaining
           any
           Ecclesiastical
           Promotion
           or
           Ministry
           .
           It
           is
           true
           ,
           these
           do
           not
           come
           up
           to
           the
           very
           Sin
           of
           
             Simon
             Magus
          
           ,
           
           which
           related
           to
           the
           immediate
           Gifts
           of
           the
           Holy
           Ghost
           ;
           but
           because
           the
           whole
           Ministerial
           Office
           in
           all
           the
           parts
           of
           it
           (
           especially
           the
           Cure
           of
           Souls
           )
           is
           of
           a
           
             Spiritual
             Nature
          
           ;
           and
           all
           Bargains
           are
           so
           repugnant
           
           to
           the
           Design
           of
           it
           ,
           therefore
           the
           Ecclesiastical
           Law
           hath
           fixed
           that
           detestable
           Name
           upon
           it
           :
           For
           ,
           all
           
             Contractus
             non
             gratuiti
          
           in
           these
           things
           ,
           savour
           of
           
             turpe
             Lucrum
          
           ,
           and
           tend
           to
           bring
           in
           
             turpe
             Commercium
          
           into
           the
           Church
           ;
           which
           would
           really
           overturn
           the
           whole
           Design
           of
           that
           Ministry
           ,
           which
           was
           designed
           for
           the
           Salvation
           of
           Souls
           .
           And
           therefore
           it
           was
           necessary
           ,
           that
           when
           Persons
           had
           received
           (
           by
           the
           Favour
           of
           Temporal
           Princes
           and
           other
           Benefactors
           ,
           who
           were
           Founders
           of
           Churches
           )
           such
           Endowments
           as
           might
           encourage
           them
           in
           their
           Function
           ,
           that
           severe
           Laws
           should
           be
           made
           against
           any
           such
           sordid
           and
           mischievous
           Contracts
           .
           And
           such
           there
           were
           here
           in
           England
           long
           before
           the
           excellent
           Stat.
           of
           31
           
             Eliz.
             c.
          
           6.
           although
           it
           seems
           the
           Force
           of
           them
           was
           so
           much
           worn
           out
           ,
           as
           to
           make
           that
           Statute
           necessary
           for
           avoiding
           of
           Simony
           ;
           which
           
           is
           there
           explained
           to
           be
           
             Corruption
             in
             bestowing
             or
             getting
             Possession
             of
             Promotions
             Ecclesiastical
             .
          
        
         
           
             In
             a
             Council
             at
          
           London
           under
           Lanfranc
           ,
           
           
             in
             the
             Conqueror's
             time
          
           ,
           Simony
           
             was
             forbidden
             ,
             under
             the
             Name
             of
          
           Buying
           and
           selling
           of
           Orders
           .
           
             And
             it
             could
             be
             nothing
             else
             before
             the
             Churches
             Revenue
             was
             setled
             :
          
           
           
             But
             in
             the
             time
             of
          
           Henry
           I.
           Ecclesiastical
           Benefices
           were
           forbidden
           to
           be
           bought
           or
           sold
           ,
           and
           it
           was
           Deprivation
           then
           to
           any
           Clergyman
           to
           be
           convicted
           of
           it
           ;
           and
           a
           Layman
           was
           to
           be
           Out-lawed
           ,
           and
           Excommunicated
           ,
           and
           Deprived
           of
           his
           Right
           of
           Patronage
           .
           
             And
             this
             was
             done
             by
             a
          
           Provincial
           Synod
           
             of
             that
             time
          
           .
        
         
           
             In
             the
             Reign
             of
          
           Henry
           
             II.
             it
             was
             decreed
          
           ,
           
           That
           if
           any
           Person
           received
           any
           Money
           for
           a
           Presentation
           ,
           he
           was
           to
           be
           for
           ever
           deprived
           of
           the
           Patronage
           of
           that
           Church
           ;
           
             and
             this
             was
             not
             meerly
             a
          
           Provincial
           Constitution
           ,
           
           
             but
             two
             Kings
             were
             present
          
           (
           Hen.
           
             II.
             and
             his
             Son
             )
             and
             added
             their
             Authority
             to
             it
             .
          
           
           
             This
             was
             not
          
           depriving
           a
           Man
           of
           his
           Free-hold
           by
           a
           Canon
           ,
           
             as
             a
             Learned
             Gentleman
             calls
             it
             ;
             for
             here
             was
             the
             greatest
             Authority
             ,
             Temporal
             as
             well
             as
             Ecclesiastical
             added
             to
             it
             .
          
        
         
           
             But
             we
             are
             told
          
           ,
           these
           Canons
           were
           of
           as
           little
           Effect
           as
           that
           of
           Othobon
           ,
           which
           made
           all
           Simoniacal
           Contracts
           void
           ;
           
             but
             some
             of
             the
             most
             judicious
             Lawyers
             have
             held
             ,
             that
          
           Simony
           being
           contractus
           ex
           turpi
           causâ
           ,
           
           is
           void
           between
           Parties
           .
        
         
           All
           that
           I
           aim
           at
           is
           to
           shew
           ,
           that
           by
           our
           old
           Ecclesiastical
           Law
           ,
           Simoniacus
           incurred
           a
           Deprivation
           and
           Disability
           before
           the
           Stat.
           31.
           
           Eliz.
           and
           therein
           I
           have
           the
           Opinion
           of
           a
           very
           Learned
           Judge
           concurring
           with
           me
           .
           
        
         
         
           IV.
           Dilapidations
           .
           By
           which
           the
           
             Ecclesiastical
             Law
          
           understands
           any
           considerable
           Impairing
           the
           
             Edifices
             ,
             Woods
          
           ,
           
           and
           Revenues
           belonging
           to
           Ecclesiastical
           Persons
           ,
           by
           Virtue
           of
           their
           Places
           .
           For
           it
           is
           the
           greatest
           Interest
           and
           Concernment
           of
           the
           Church
           to
           have
           things
           preserved
           for
           the
           Good
           of
           Successors
           ;
           and
           it
           is
           a
           part
           of
           common
           Iustice
           and
           Honesty
           so
           to
           do
           .
           
           And
           the
           Lord
           Coke
           positively
           affirms
           ,
           
             That
             Dilapidation
             is
             a
             good
             Cause
             of
             Deprivation
             .
          
           And
           it
           was
           so
           resolved
           by
           the
           Judges
           in
           the
           
             Kings
             Bench
             ,
             12
             Iac.
          
           Not
           by
           Virtue
           of
           any
           new
           Law
           or
           Statute
           ,
           but
           by
           the
           old
           Ecclesiastical
           Law.
           For
           which
           Coke
           refers
           to
           the
           Year-Books
           ,
           which
           not
           only
           shew
           what
           the
           
             Ecclesiastical
             Law
          
           then
           was
           ,
           but
           that
           it
           was
           allowed
           by
           the
           Common
           Law
           of
           England
           ;
           
           and
           we
           are
           told
           ,
           
             that
             is
             never
             given
             to
             change
          
           ;
           but
           it
           may
           be
           forced
           to
           it
           by
           a
           
           
             New
             Law
          
           ,
           which
           cannot
           be
           pretended
           in
           this
           case
           .
           And
           by
           the
           Old
           Constitutions
           here
           received
           ,
           the
           Bishops
           are
           required
           
             to
             put
             the
             Clergy
             in
             mind
             of
             keeping
             their
             Houses
             in
             sufficient
             Reparations
             ,
          
           
           
             and
             if
             they
             do
             it
             not
             within
             two
             Months
             ,
             the
             Bishop
             is
             to
             take
             care
             it
             be
             done
             out
             of
             the
             Profits
             of
             the
             Benefice
             .
          
           By
           the
           Injunctions
           of
           Edw.
           VI.
           and
           Queen
           Elizabeth
           ,
           all
           Persons
           having
           Ecclesiastical
           Benefices
           ,
           are
           required
           to
           set
           apart
           the
           Fifth
           of
           their
           Revenue
           to
           Repair
           their
           Houses
           ;
           and
           afterwards
           to
           maintain
           them
           in
           good
           condition
           .
        
         
           V.
           Pluralities
           .
           
           By
           the
           
             Ecclesiastical
             Law
          
           ,
           which
           was
           here
           received
           ,
           the
           actual
           receiving
           Institution
           into
           a
           second
           Benefice
           made
           the
           first
           void
           
             ipso
             Iure
          
           ;
           and
           if
           he
           sought
           to
           keep
           both
           above
           a
           Month
           ,
           the
           second
           was
           void
           too
           .
           Lyndwood
           observes
           ,
           That
           the
           Ecclesiastical
           Law
           had
           
           varied
           in
           this
           matter
           .
           And
           it
           proceeded
           by
           these
           Steps
           ,
           (
           which
           are
           more
           than
           Lyndwood
           mentions
           .
           )
           
        
         
           I.
           It
           was
           absolutely
           forbidden
           to
           have
           Two
           Parishes
           ,
           
           if
           there
           were
           more
           than
           Ten
           Inhabitants
           in
           them
           ,
           
             because
             no
             Man
             could
             do
             his
             Duty
             in
             Both
             Places
             .
          
           And
           if
           any
           Bishop
           neglected
           the
           Execution
           of
           it
           ,
           
           he
           was
           to
           be
           Excommunicated
           for
           Two
           Months
           ,
           and
           to
           be
           restored
           only
           upon
           promise
           to
           see
           this
           Canon
           executed
           .
        
         
           II.
           The
           Rule
           was
           allowed
           to
           hold
           ,
           as
           to
           Cities
           ,
           but
           an
           Exception
           was
           made
           as
           to
           small
           and
           remote
           Places
           ,
           
           where
           there
           was
           a
           greater
           Scarcity
           of
           Persons
           to
           supply
           them
           .
        
         
           III.
           If
           a
           Man
           had
           Two
           Benefices
           ,
           
           it
           was
           left
           to
           his
           Choice
           ,
           which
           he
           would
           have
           :
           but
           he
           could
           not
           hold
           both
           .
           This
           kind
           of
           Option
           was
           allowed
           by
           the
           
             Ecclesiastical
             Law
          
           then
           in
           force
           .
        
         
         
           IV.
           That
           if
           he
           takes
           a
           second
           Benefice
           ,
           
           that
           Institution
           is
           void
           ,
           by
           the
           Third
           Council
           of
           Lateran
           ,
           under
           Alexander
           3.
           
        
         
           V.
           That
           by
           taking
           a
           second
           ,
           
           the
           first
           is
           void
           ;
           which
           is
           the
           famous
           Canon
           of
           the
           Fourth
           Lateran
           Council
           .
        
         
           VI.
           That
           if
           he
           were
           not
           contented
           with
           the
           last
           ,
           but
           endeavour
           to
           keep
           both
           ,
           he
           should
           be
           deprived
           of
           both
           .
           And
           this
           was
           the
           
             Ecclesiastical
             Law
          
           as
           it
           was
           declared
           in
           our
           
             Provincial
             Constitutions
          
           .
           But
           the
           general
           Practice
           was
           to
           avoid
           the
           former
           ,
           according
           to
           the
           Lateran
           Council
           .
           These
           were
           very
           severe
           Canons
           ,
           but
           that
           one
           Clause
           of
           the
           
             Pope's
             Dispensing
             Power
          
           ,
           made
           them
           to
           signifie
           little
           ,
           unless
           it
           were
           to
           advance
           his
           Power
           and
           Revenue
           .
           For
           when
           the
           
             Dispensing
             Power
          
           came
           to
           be
           owned
           ,
           the
           Law
           had
           very
           little
           Force
           ;
           especially
           as
           to
           
           the
           Consciences
           of
           Men.
           For
           if
           it
           were
           a
           Law
           of
           God
           ,
           how
           could
           any
           man
           dispense
           with
           it
           ?
           unless
           it
           were
           as
           apparent
           that
           he
           had
           given
           a
           Power
           in
           some
           Cases
           to
           Dispense
           ,
           as
           that
           he
           had
           made
           the
           Law.
           Those
           Casuists
           are
           very
           hard
           put
           to
           it
           ,
           who
           make
           Residence
           
             Iure
             Divino
          
           ,
           and
           yet
           say
           the
           Pope
           may
           dispense
           with
           it
           ;
           which
           at
           last
           comes
           only
           to
           this
           ,
           That
           the
           Pope
           can
           authoritatively
           declare
           the
           sufficiency
           of
           the
           Cause
           :
           so
           that
           the
           whole
           matter
           depends
           upon
           the
           Cause
           ;
           whether
           there
           can
           be
           any
           sufficient
           to
           excuse
           from
           Personal
           Residence
           .
        
         
           It
           is
           agreed
           on
           all
           hands
           ,
           that
           the
           habitual
           Neglect
           of
           a
           Charge
           we
           have
           taken
           upon
           our selves
           ,
           is
           an
           evil
           thing
           ,
           and
           that
           it
           is
           so
           to
           heap
           up
           Preferments
           meerly
           for
           Riches
           ,
           or
           Luxury
           ,
           or
           Ambition
           ;
           but
           the
           main
           Question
           in
           point
           of
           Conscience
           
           is
           ,
           What
           is
           a
           sufficient
           Cause
           to
           justifie
           any
           Man's
           breaking
           so
           reasonable
           and
           just
           a
           Rule
           as
           that
           of
           Residence
           is
           .
        
         
           It
           cannot
           be
           denied
           ,
           that
           the
           eldest
           Canons
           of
           the
           Church
           were
           so
           strict
           and
           severe
           ,
           that
           they
           made
           it
           unlawful
           for
           any
           Man
           to
           go
           from
           that
           Church
           in
           which
           he
           first
           received
           Orders
           ;
           as
           well
           as
           to
           take
           another
           Benefice
           in
           it
           :
           and
           so
           for
           any
           Bishop
           to
           be
           translated
           from
           that
           Place
           he
           was
           first
           Consecrated
           to
           ;
           as
           well
           as
           to
           hold
           another
           with
           it
           .
           But
           the
           Good
           of
           the
           Church
           being
           the
           main
           Foundation
           of
           all
           the
           Rules
           of
           it
           ;
           when
           that
           might
           be
           better
           promoted
           by
           a
           Translation
           ,
           it
           was
           by
           a
           tacit
           Consent
           looked
           on
           ,
           as
           no
           unjust
           Violation
           of
           its
           Rules
           .
           The
           Question
           then
           is
           ,
           Whether
           the
           Churches
           Benefit
           may
           not
           in
           some
           Cases
           make
           the
           Canons
           against
           Non-Residence
           as
           Dispensible
           ,
           as
           
           those
           against
           Translations
           ?
           And
           the
           Resolution
           of
           it
           doth
           not
           depend
           upon
           the
           voiding
           the
           particular
           Obligation
           of
           the
           Incumbent
           to
           his
           Cure
           ;
           but
           upon
           some
           more
           general
           Reason
           with
           respect
           to
           the
           State
           of
           the
           Church
           ;
           as
           being
           imployed
           in
           the
           Service
           of
           it
           ,
           which
           requires
           a
           Persons
           having
           (
           not
           a
           bare
           Competency
           for
           Subsistence
           ,
           but
           )
           a
           Sufficiency
           to
           provide
           Necessaries
           for
           such
           Service
           :
           For
           those
           seem
           to
           have
           very
           little
           regard
           to
           the
           flourishing
           Condition
           of
           a
           Church
           ,
           who
           would
           confine
           the
           Sufficiency
           of
           a
           Subsistence
           ,
           meerly
           to
           the
           Necessaries
           of
           Life
           .
           But
           it
           seems
           to
           be
           reasonable
           ,
           that
           Clergymen
           should
           have
           Incouragement
           sufficient
           ,
           not
           only
           to
           keep
           them
           above
           Contempt
           ,
           but
           in
           some
           respect
           agreeable
           to
           the
           more
           ample
           Provision
           of
           other
           Orders
           of
           Men.
           And
           by
           God's
           own
           Appointment
           the
           Tribe
           of
           Levi
           
           did
           not
           fall
           short
           of
           any
           of
           the
           rest
           ,
           if
           it
           did
           not
           very
           much
           exceed
           the
           Proportion
           of
           others
           .
           We
           do
           not
           pretend
           to
           the
           Privileges
           they
           had
           ,
           only
           we
           observe
           from
           thence
           ,
           that
           God
           himself
           did
           appoint
           a
           plentiful
           Subsistence
           for
           those
           who
           attended
           upon
           his
           Service
           .
           And
           I
           do
           not
           know
           what
           there
           is
           Levitical
           or
           Ceremonial
           in
           that
           .
           I
           am
           sure
           the
           Duties
           of
           the
           Clergy
           now
           require
           a
           greater
           Freedom
           of
           Mind
           from
           the
           anxious
           Cares
           of
           the
           World
           ,
           than
           the
           Imployments
           of
           the
           Priests
           and
           Levites
           under
           the
           Law.
           But
           we
           need
           not
           go
           so
           far
           back
           ;
           if
           the
           Church
           enjoyed
           all
           her
           Revenues
           as
           entirely
           ,
           as
           when
           the
           severe
           Canons
           against
           Pluralities
           were
           made
           ,
           there
           would
           not
           be
           such
           a
           Plea
           for
           them
           ,
           as
           there
           is
           too
           much
           Cause
           for
           in
           some
           Places
           ,
           from
           the
           Want
           of
           a
           competent
           Subsistence
           .
           But
           since
           that
           time
           ,
           the
           
           Abundance
           of
           Appropriations
           (
           since
           turned
           into
           Lay-Fees
           )
           hath
           extreamly
           lessened
           the
           Churches
           Revenues
           ,
           and
           have
           left
           us
           a
           great
           Number
           of
           poor
           Vicarages
           ,
           and
           Arbitrary
           Cures
           ,
           which
           would
           hardly
           have
           afforded
           a
           Maintenance
           for
           the
           Nethinims
           under
           the
           Law
           ,
           who
           were
           only
           to
           be
           
             Hewers
             of
             Wood
             ,
             and
             Drawers
             of
             Water
             .
          
           But
           this
           doth
           not
           yet
           clear
           the
           Difficulty
           :
           For
           the
           Question
           is
           ,
           Whether
           the
           Subsistence
           of
           the
           Clergy
           can
           lawfully
           be
           improved
           by
           a
           
             Plurality
             of
             Livings
          
           ?
           Truly
           ,
           I
           think
           this
           (
           if
           it
           be
           allowed
           in
           some
           Cases
           lawful
           )
           to
           be
           the
           least
           desirable
           way
           of
           any
           ;
           but
           in
           some
           Circumstances
           it
           is
           much
           more
           excusable
           than
           in
           others
           .
           As
           when
           the
           Benefices
           are
           mean
           ,
           when
           they
           lie
           near
           each
           other
           ,
           when
           great
           care
           is
           taken
           to
           put
           in
           sufficient
           Curates
           with
           good
           Allowance
           ;
           when
           Persons
           take
           all
           Opportunities
           to
           do
           
           their
           Duties
           themselves
           ,
           and
           do
           not
           live
           at
           a
           distance
           from
           their
           Benefices
           in
           an
           idle
           and
           careless
           manner
           .
           But
           for
           Men
           to
           put
           in
           Curates
           meerly
           to
           satisfie
           the
           Law
           ,
           and
           to
           mind
           nothing
           of
           the
           Duties
           of
           their
           Places
           ,
           is
           a
           horrible
           Scandal
           to
           Religion
           and
           our
           Church
           ,
           and
           that
           ,
           which
           if
           not
           amended
           ,
           may
           justly
           bring
           down
           the
           Wrath
           of
           God
           upon
           us
           .
           For
           the
           loosest
           of
           all
           the
           Popish
           Casuists
           look
           upon
           this
           as
           a
           very
           great
           Sin
           ,
           even
           those
           who
           attributed
           to
           the
           Pope
           the
           highest
           Dispensing
           Power
           in
           this
           Case
           .
        
         
           But
           when
           the
           great
           Liberty
           of
           Dispensing
           had
           made
           the
           Ecclesiastical
           Laws
           in
           great
           measure
           useless
           ,
           then
           it
           was
           thought
           fit
           by
           our
           Law-makers
           to
           restrain
           and
           limit
           it
           by
           a
           Statute
           made
           21
           H.
           VIII
           .
           wherein
           it
           is
           Enacted
           ,
           
             That
             if
             any
             Person
             or
             Persons
             having
             one
             Benefice
             with
             Cure
             of
             Souls
             ,
             being
             of
             the
             
             yearly
             Value
             of
             Eight
             Pounds
             ,
             or
             above
             ,
             accept
             ,
             or
             take
             any
             other
             with
             Cure
             of
             Souls
             ,
             and
             be
             instituted
             ,
             and
             inducted
             in
             Possession
             of
             the
             same
             ,
             that
             then
             ,
             and
             immediately
             after
             such
             Possession
             had
             thereof
             ,
             the
             first
             Benefice
             shall
             be
             adjudged
             to
             be
             void
             .
             And
             all
             Licenses
             and
             Dispensations
             to
             the
             contrary
             are
             declared
             to
             be
             void
             and
             of
             none
             effect
             .
          
        
         
           This
           ,
           one
           would
           have
           thought
           ,
           had
           been
           an
           effectual
           Remedy
           against
           all
           such
           
             Pluralities
             and
             Dispensations
          
           to
           obtain
           them
           ;
           and
           this
           ,
           no
           doubt
           ,
           was
           the
           primary
           Design
           of
           the
           Law
           ;
           but
           then
           follow
           so
           many
           Proviso's
           of
           Qualified
           Men
           to
           get
           Dispensations
           ,
           as
           take
           off
           a
           great
           deal
           of
           the
           Force
           and
           Effect
           of
           this
           Law.
           But
           then
           it
           ought
           well
           to
           be
           consider'd
           ,
           Whether
           such
           a
           License
           being
           against
           the
           chief
           Design
           of
           a
           Law
           ,
           can
           satisfie
           any
           Man
           
           in
           point
           of
           Conscience
           ,
           where
           there
           is
           not
           a
           just
           and
           sufficient
           Cause
           ?
           For
           ,
           if
           the
           
             Pope's
             Dispensation
          
           ,
           with
           the
           supposed
           Plenitude
           of
           his
           Power
           ,
           could
           not
           satisfie
           a
           Man's
           Conscience
           without
           an
           antecedent
           Cause
           ,
           as
           the
           Casuists
           resolve
           ,
           much
           less
           can
           such
           Proviso's
           do
           it
           .
        
         
           It
           is
           the
           general
           Opinion
           of
           Divines
           and
           Lawyers
           ,
           
           saith
           Lessius
           ,
           That
           no
           Man
           is
           safe
           in
           Conscience
           by
           the
           Pope's
           Dispensation
           for
           Pluralities
           ,
           unless
           there
           be
           a
           just
           cause
           for
           it
           .
        
         
           No
           Man
           can
           with
           a
           safe
           Conscience
           ,
           
           take
           a
           Dispensation
           from
           the
           Pope
           for
           more
           Benefices
           than
           one
           ,
           meerly
           for
           his
           own
           Advantage
           ,
           saith
           Panormitan
           ;
           
             and
             from
             him
          
           Sylvester
           and
           Summ.
           Angelica
           .
        
         
           A
           Dispensation
           ,
           
           
             saith
             Cardinal
          
           To-let
           ,
           secures
           a
           Man
           as
           to
           the
           Law
           ;
           but
           as
           to
           Conscience
           there
           must
           be
           a
           good
           cause
           for
           it
           ;
           and
           that
           is
           ,
           when
           the
           Church
           hath
           more
           Benefit
           by
           it
           ,
           than
           it
           would
           have
           without
           it
           .
        
         
         
           But
           the
           Pope's
           
             Dispensing
             Power
          
           went
           much
           farther
           in
           point
           of
           Conscience
           in
           their
           Opinion
           ,
           than
           that
           which
           is
           setled
           among
           us
           by
           Act
           of
           Parliament
           .
           For
           it
           is
           expressed
           in
           the
           Statute
           of
           21
           Hen.
           VIII
           .
           That
           the
           Dispensation
           is
           intended
           to
           keep
           Men
           from
           
             incurring
             the
             Danger
             ,
             Penalty
             ,
             and
             Forfeiture
             in
             the
             Statute
             comprised
             .
          
           So
           that
           the
           most
           qualified
           Person
           can
           only
           say
           ,
           that
           the
           Law
           doth
           not
           deprive
           him
           ;
           but
           he
           can
           never
           plead
           that
           it
           can
           satisfie
           him
           in
           point
           of
           Conscience
           ,
           unless
           there
           be
           some
           Cause
           for
           it
           ,
           which
           is
           of
           more
           Moment
           to
           the
           Church
           ,
           than
           a
           Man
           's
           sole
           and
           constant
           Attendance
           on
           a
           particular
           Cure
           is
           .
           But
           this
           Statute
           is
           more
           favourable
           to
           the
           Clergy
           ,
           than
           the
           
             Canon
             Law
          
           was
           before
           ,
           in
           two
           Particulars
           .
        
         
           1.
           
           In
           declaring
           that
           no
           
             simple
             Benefices
          
           ,
           or
           meer
           Dignities
           ,
           as
           the
           Canonists
           call
           them
           ,
           
             are
             comprehended
             
             under
             the
             Name
             of
             Benefices
             ,
             having
             Cure
             of
             Souls
             ,
          
           viz.
           
             no
             Deanary
             ,
             Archdeaconry
             ,
             Chancellorship
             ,
             Treasurership
             ,
             Chantership
             ,
             or
             Prebend
             in
             any
             Cathedral
             or
             Collegiate
             Church
             ,
             nor
             Parsonage
             that
             hath
             a
             Vicar
             endowed
             ,
             nor
             any
             Benefice
             perpetually
             appropriate
             .
          
           But
           all
           these
           before
           were
           within
           the
           reach
           of
           the
           Canon
           Law
           ,
           and
           a
           Dispensation
           was
           necessary
           for
           them
           :
           Which
           shews
           ,
           that
           this
           Law
           had
           a
           particular
           respect
           to
           the
           necessary
           Attendance
           on
           Parochial
           Cures
           ,
           and
           looked
           on
           other
           Dignities
           and
           Preferments
           in
           the
           Church
           ,
           as
           a
           sufficient
           Encouragement
           to
           
             extraordinary
             Merit
          
           .
        
         
           2.
           
           That
           no
           notice
           is
           taken
           of
           Livings
           under
           the
           Valuation
           of
           8
           l.
           which
           ,
           I
           suppose
           ,
           is
           that
           of
           20
           E.
           1.
           for
           that
           of
           H.
           8.
           was
           not
           till
           five
           years
           after
           that
           Statute
           .
           But
           after
           that
           Valuation
           it
           was
           to
           be
           judged
           according
           to
           it
           ,
           and
           not
           according
           to
           the
           real
           Value
           ,
           as
           the
           Judges
           declared
           12
           Car.
           I.
           
           in
           the
           Case
           of
           Drake
           and
           Hill.
           
           Now
           here
           was
           a
           regard
           had
           to
           the
           Poorness
           of
           Benefices
           ,
           so
           far
           ,
           that
           the
           Statute
           doth
           not
           deprive
           the
           Incumbent
           upon
           taking
           a
           second
           Living
           ,
           if
           the
           former
           be
           under
           8
           l.
           The
           Question
           that
           arises
           from
           hence
           is
           ,
           Whether
           such
           Persons
           are
           allowed
           to
           enjoy
           such
           Pluralities
           by
           Law
           ;
           or
           only
           left
           to
           the
           Ecclesiastical
           Law
           ,
           as
           it
           was
           before
           ?
           
           It
           is
           certain
           ,
           that
           such
           are
           not
           liable
           to
           the
           Penalty
           of
           this
           Law
           ;
           but
           before
           any
           Person
           might
           be
           deprived
           by
           the
           Ecclesiastical
           Law
           for
           taking
           a
           second
           Benefice
           without
           Dispensation
           ,
           of
           what
           Value
           soever
           the
           former
           were
           ;
           now
           here
           comes
           a
           Statute
           ,
           which
           enacts
           ,
           That
           all
           who
           take
           a
           second
           Benefice
           ,
           having
           one
           of
           8
           l.
           without
           Qualification
           ,
           shall
           lose
           his
           legal
           Title
           to
           the
           first
           ;
           but
           what
           if
           it
           be
           under
           ?
           Shall
           he
           lose
           it
           or
           not
           ?
           Not
           by
           this
           Law.
           But
           suppose
           the
           Ecclesiastical
           Law
           
           before
           makes
           him
           liable
           to
           Deprivation
           ;
           doth
           the
           Statute
           alter
           the
           Law
           without
           any
           Words
           to
           that
           purpose
           ?
           The
           Bishop
           had
           a
           Power
           before
           to
           deprive
           ,
           where
           is
           it
           taken
           away
           ?
           The
           Patron
           had
           a
           Right
           to
           present
           upon
           such
           Deprivation
           ;
           how
           comes
           he
           to
           lose
           it
           ?
           And
           I
           take
           it
           for
           granted
           ,
           That
           no
           antecedent
           Rights
           are
           taken
           away
           by
           Implications
           ;
           but
           there
           must
           be
           express
           Clauses
           to
           that
           purpose
           .
           So
           that
           I
           conclude
           ,
           the
           ancient
           Ecclesiastical
           Law
           to
           be
           still
           in
           Force
           ,
           where
           it
           is
           not
           taken
           away
           by
           Statute
           .
        
         
           And
           thus
           ,
           my
           Brethren
           ,
           I
           have
           laid
           before
           you
           the
           Authority
           and
           the
           Rules
           we
           are
           to
           act
           by
           ;
           I
           have
           endeavoured
           to
           recommend
           to
           you
           ,
           the
           most
           useful
           Parts
           of
           your
           Duty
           ,
           and
           I
           hope
           you
           will
           not
           give
           me
           occasion
           to
           shew
           what
           Power
           we
           have
           by
           the
           Ecclesiastical
           Law
           of
           this
           
           Realm
           to
           proceed
           against
           Offenders
           .
           Nothing
           will
           be
           more
           uneasie
           to
           me
           ,
           than
           to
           be
           forced
           to
           make
           use
           of
           any
           Severity
           against
           you
           .
           And
           my
           Hearts
           desire
           is
           ,
           That
           we
           may
           all
           sincerely
           and
           faithfully
           discharge
           the
           Duties
           of
           our
           several
           Places
           ,
           that
           the
           blessing
           of
           God
           may
           be
           upon
           us
           all
           ;
           so
           that
           we
           may
           
             save
             our selves
             ,
             and
             those
             committed
             to
             our
             Charge
             .
          
        
      
       
         
         
           OF
           THE
           NATURE
           OF
           THE
           TRUST
           Committed
           to
           the
           Parochial
           Clergy
           ,
           At
           a
           Visitation
           at
           Worcester
           ,
           
             October
             21
             st
             .
             1696.
             
          
        
         
           
             My
             Brethren
             ,
          
        
         
           I
           Have
           formerly
           ,
           on
           the
           like
           Occasion
           ,
           discoursed
           to
           you
           of
           the
           General
           Duties
           of
           your
           Function
           ,
           and
           the
           Obligation
           you
           are
           under
           to
           perform
           them
           ;
           and
           therefore
           
           I
           shall
           now
           confine
           my
           Discourse
           to
           these
           Two
           Things
           :
        
         
           I.
           To
           consider
           the
           particular
           Nature
           of
           the
           Trust
           committed
           to
           you
           .
        
         
           II.
           The
           Obligation
           you
           are
           under
           to
           your
           
             Parochial
             Cures
          
           .
        
         
           I.
           The
           first
           is
           necessary
           to
           be
           spoken
           to
           ;
           for
           while
           Persons
           have
           only
           so
           confused
           and
           cloudy
           Apprehensions
           concerning
           it
           ,
           they
           can
           neither
           be
           satisfied
           in
           the
           Nature
           of
           their
           Duties
           ,
           nor
           in
           their
           Performance
           of
           them
           .
           And
           there
           is
           Danger
           as
           well
           in
           setting
           them
           so
           high
           as
           to
           make
           them
           Impracticable
           ,
           as
           in
           sinking
           them
           so
           low
           as
           to
           make
           ,
           not
           only
           themselves
           ,
           but
           their
           Profession
           Contemptible
           .
           For
           the
           World
           (
           let
           us
           say
           what
           we
           will
           )
           will
           always
           esteem
           Men
           ,
           not
           meerly
           for
           a
           Name
           and
           Profession
           ,
           but
           for
           the
           
           Work
           and
           Service
           which
           they
           do
           .
           There
           is
           ,
           no
           doubt
           ,
           a
           Reverence
           and
           Respect
           due
           to
           a
           Sacred
           Function
           on
           its
           own
           Account
           ;
           but
           the
           highest
           Profession
           can
           never
           maintain
           its
           Character
           among
           the
           rest
           of
           Mankind
           ,
           unless
           they
           who
           are
           of
           it
           ,
           do
           promote
           the
           General
           Good
           ,
           by
           acting
           suitably
           to
           it
           .
           And
           the
           greater
           the
           Character
           is
           ,
           which
           any
           bear
           ,
           the
           higher
           will
           the
           Expectations
           of
           others
           be
           concerning
           them
           ;
           and
           if
           they
           fail
           in
           the
           greatest
           and
           most
           useful
           Duties
           of
           their
           Function
           ,
           it
           will
           be
           impossible
           to
           keep
           up
           the
           Regard
           which
           ought
           to
           be
           shew'd
           unto
           it
           .
           We
           may
           complain
           as
           long
           as
           we
           please
           of
           the
           Unreasonableness
           of
           the
           Contempt
           of
           the
           Clergy
           in
           our
           Days
           ,
           (
           which
           is
           too
           general
           ,
           and
           too
           far
           spread
           )
           but
           the
           most
           effectual
           Means
           to
           prevent
           or
           remove
           it
           ,
           is
           for
           the
           Clergy
           to
           apply
           themselves
           to
           the
           most
           necessary
           Duties
           ,
           
           with
           Respect
           to
           the
           Charge
           and
           Trust
           committed
           to
           them
           .
        
         
           But
           here
           arises
           a
           considerable
           Difficulty
           ,
           which
           deserves
           to
           be
           cleared
           ;
           viz.
           concerning
           the
           just
           Measures
           of
           that
           Diligence
           which
           is
           required
           .
           For
           ,
           there
           are
           some
           who
           will
           never
           be
           satisfied
           that
           the
           Clergy
           do
           enough
           ,
           let
           them
           do
           what
           they
           can
           ;
           and
           it
           is
           to
           no
           purpose
           to
           think
           to
           satisfie
           them
           who
           are
           resolved
           not
           to
           be
           satisfied
           :
           But
           on
           the
           other
           side
           ,
           some
           care
           not
           how
           little
           they
           do
           ,
           and
           the
           less
           ,
           the
           better
           they
           are
           pleased
           with
           them
           ;
           and
           others
           again
           ,
           have
           raised
           their
           Duties
           so
           high
           ,
           that
           scarce
           any
           Man
           can
           satisfie
           himself
           that
           he
           hath
           done
           his
           Duty
           .
        
         
           It
           is
           a
           matter
           therefore
           of
           the
           highest
           Consequence
           to
           us
           ,
           to
           understand
           ,
           What
           Rule
           and
           Measure
           is
           to
           be
           observed
           ,
           so
           as
           we
           may
           neither
           wilfully
           neglect
           our
           Duty
           ,
           nor
           despair
           of
           doing
           it
           .
        
         
         
           Here
           we
           are
           to
           consider
           Two
           Things
           ;
        
         
           1.
           
           How
           far
           the
           Scripture
           hath
           determined
           it
           .
        
         
           2.
           
           What
           Influence
           the
           Constitution
           of
           our
           Church
           is
           to
           have
           upon
           us
           concerning
           it
           .
        
         
           1.
           
           The
           Scripture
           doth
           speak
           something
           relating
           to
           it
           ,
           both
           in
           the
           Old
           and
           New
           Testament
           .
        
         
           In
           the
           Old
           Testament
           we
           have
           the
           Duties
           enjoyned
           to
           the
           Levitical
           Priesthood
           ,
           and
           the
           extraordinary
           Commissions
           given
           to
           the
           Prophets
           .
        
         
           As
           to
           the
           
             Levitical
             Priesthood
          
           ,
           we
           can
           only
           draw
           some
           general
           Instructions
           ,
           which
           may
           be
           of
           use
           ,
           altho'
           that
           Priesthood
           hath
           been
           long
           since
           at
           an
           end
           ;
           Christ
           being
           our
           High-Priest
           after
           another
           Order
           ,
           viz.
           of
           Melchisedeck
           ;
           and
           our
           Duty
           now
           is
           to
           observe
           his
           Laws
           ,
           and
           to
           offer
           that
           Reasonable
           Service
           which
           he
           requires
           .
        
         
         
           But
           even
           from
           the
           
             Levitical
             Priesthood
          
           ,
           we
           may
           observe
           these
           things
           .
        
         
           1.
           
           That
           although
           the
           main
           of
           their
           Duty
           of
           Attendance
           respected
           the
           Temple
           and
           Sacrifices
           ;
           yet
           at
           other
           times
           they
           were
           bound
           to
           instruct
           the
           People
           in
           the
           Law.
           For
           so
           Moses
           leaves
           it
           as
           a
           special
           Charge
           to
           the
           Tribe
           of
           Levi
           ,
           
           
             to
             teach
             Iacob
             his
             Iudgments
          
           ,
           
           
             and
             Israel
             his
             Law.
          
           And
           to
           incourage
           them
           to
           do
           it
           ,
           they
           had
           a
           liberal
           Maintenance
           ,
           far
           above
           the
           Proportion
           of
           the
           other
           Tribes
           .
           For
           ,
           by
           Computation
           it
           will
           be
           found
           ,
           that
           they
           were
           not
           much
           above
           the
           Sixtieth
           part
           of
           the
           People
           ;
           for
           when
           the
           other
           Tribes
           were
           numbred
           from
           Twenty
           years
           old
           ,
           
           they
           made
           
             six
             hundred
             thousand
             ,
             and
             three
             thousand
             and
             five
             hundred
             and
             fifty
             .
          
           But
           the
           Children
           of
           Levi
           were
           reckoned
           by
           themselves
           from
           a
           Month
           old
           ;
           
           and
           they
           made
           but
           
             Two
             and
             twenty
             thousand
          
           ;
           so
           that
           if
           the
           
           Males
           of
           the
           other
           Tribes
           had
           been
           reckoned
           ,
           as
           they
           were
           ,
           it
           is
           agreed
           by
           Learned
           Men
           ,
           
           who
           had
           no
           Fondness
           for
           the
           Clergy
           ,
           that
           they
           did
           not
           make
           above
           a
           fiftieth
           or
           sixtieth
           part
           ;
           and
           yet
           they
           had
           near
           a
           fifth
           of
           the
           Profits
           ,
           besides
           accidental
           Perquisites
           ,
           as
           to
           Sacrifices
           ,
           and
           Ransoms
           of
           the
           First-born
           .
           Thus
           ,
           say
           they
           ,
           
             God
             was
             pleased
             to
             enrich
             that
             Tribe
             which
             was
             devoted
             to
             his
             Service
             .
          
           But
           it
           was
           not
           certainly
           ,
           that
           they
           should
           spend
           their
           time
           in
           Idleness
           and
           Luxury
           ,
           but
           that
           they
           might
           with
           the
           greater
           freedom
           apply
           themselves
           to
           the
           Study
           of
           the
           Law
           ,
           that
           they
           might
           instruct
           the
           People
           .
           For
           the
           Cities
           of
           the
           Levites
           were
           as
           so
           many
           Colleges
           dispersed
           up
           and
           down
           in
           the
           several
           Tribes
           ,
           to
           which
           the
           People
           might
           upon
           occasion
           ,
           more
           easily
           resort
           .
        
         
           2.
           
           That
           if
           the
           People
           erred
           thro'
           Ignorance
           of
           the
           Law
           ,
           God
           himself
           laid
           the
           Blame
           on
           those
           who
           were
           
           bound
           to
           instruct
           them
           .
           
             My
             People
          
           ,
           saith
           God
           by
           the
           Prophet
           ,
           
           
             are
             destroyed
             for
             lack
             of
             Knowledge
             .
          
           If
           People
           are
           resolved
           to
           be
           ignorant
           ,
           who
           can
           help
           it
           ?
           Had
           they
           not
           the
           Law
           to
           inform
           them
           ?
           But
           it
           is
           observable
           ,
           that
           the
           Peoples
           Errors
           are
           laid
           to
           the
           Charge
           of
           the
           Priests
           ,
           and
           the
           Punishment
           is
           denounced
           against
           them
           .
           
             Because
             thou
             hast
             rejected
             Knowledge
             ,
             I
             will
             also
             reject
             thee
             ,
             that
             thou
             shalt
             be
             no
             Priest
             unto
             me
             .
          
           It
           seems
           the
           Priests
           were
           grown
           careless
           and
           negligent
           ,
           as
           to
           their
           own
           Improvements
           ;
           they
           did
           not
           know
           to
           what
           purpose
           they
           should
           take
           so
           much
           pains
           in
           studying
           the
           Law
           ,
           and
           the
           difficult
           Points
           of
           it
           ;
           they
           were
           for
           a
           freedom
           of
           Conversation
           ,
           and
           hoped
           to
           keep
           up
           their
           Interest
           among
           the
           People
           that
           Way
           .
           Therefore
           Isaiah
           call
           them
           
             Shepherds
             that
             cannot
             understand
          
           ;
           
           but
           were
           very
           intent
           upon
           their
           Profits
           ,
           
             they
             all
             look
             
             to
             their
             own
             Way
             ,
             every
             one
             for
             his
             Gain
             from
             his
             Quarter
             .
          
           But
           this
           was
           not
           all
           ,
           for
           the
           Prophet
           charges
           them
           with
           a
           Voluptuous
           ,
           Careless
           ,
           Dissolute
           Life
           .
           
             Come
             ye
             ,
             say
             they
             ,
             I
             will
             fetch
             Wine
             ,
          
           
           
             and
             we
             will
             fill
             our selves
             with
             strong
             Drink
             ,
             and
             to
             morrow
             shall
             be
             as
             this
             day
             ,
             and
             much
             more
             abundant
             .
          
           Was
           not
           this
           a
           very
           agreeable
           life
           for
           those
           who
           were
           to
           instruct
           the
           People
           in
           the
           Duties
           of
           Sobriety
           and
           Temperance
           ?
           It
           was
           Death
           for
           the
           Priests
           by
           the
           Law
           
             to
             drink
             Wine
             or
             strong
             Drink
             ,
          
           
           
             when
             they
             went
             into
             the
             Tabernacle
             of
             the
             Congregation
          
           ;
           and
           the
           Reason
           given
           is
           ,
           
             That
             ye
             may
             put
             a
             difference
             between
             holy
             and
             unholy
             ,
          
           
           
             and
             between
             unclean
             and
             clean
             ;
             and
             that
             ye
             may
             teach
             the
             Children
             of
             Israel
             all
             the
             Statutes
             ,
          
           
           
             which
             the
             Lord
             hath
             spoken
             to
             thee
             by
             the
             Hand
             of
          
           Moses
           .
           Which
           implies
           ,
           That
           those
           who
           are
           given
           to
           drinking
           Wine
           or
           
             strong
             Drink
          
           ,
           are
           very
           unfit
           to
           instruct
           others
           
           in
           the
           Law
           of
           God.
           And
           God
           looked
           on
           them
           as
           such
           a
           Dishonour
           to
           his
           Worship
           ,
           that
           he
           threatens
           immediate
           Death
           to
           them
           that
           approached
           to
           his
           Altar
           ,
           when
           they
           had
           drank
           Wine
           ;
           and
           the
           Iews
           say
           ,
           that
           was
           the
           Reason
           why
           Nadab
           and
           Abihu
           were
           destroyed
           .
           And
           then
           God
           said
           ,
           
             I
             will
             be
             sanctified
             in
             them
             that
             come
             nigh
             me
             .
          
           
           All
           Nations
           have
           abhorred
           sottish
           and
           drunken
           Priests
           ,
           as
           most
           unfit
           to
           approach
           to
           God
           when
           they
           were
           not
           themselves
           ;
           or
           to
           offer
           Sacrifices
           for
           others
           ,
           when
           they
           made
           Beasts
           of
           themselves
           .
           But
           this
           was
           not
           all
           ;
           for
           God
           required
           from
           them
           who
           were
           to
           teach
           others
           the
           Law
           ,
           that
           they
           should
           be
           always
           in
           a
           Capacity
           of
           understanding
           and
           practising
           it
           themselves
           .
        
         
           But
           if
           we
           proceed
           to
           the
           Prophets
           ,
           nothing
           can
           be
           more
           dreadful
           ,
           than
           what
           God
           saith
           to
           Ezekiel
           ,
           That
           if
           he
           did
           not
           warn
           the
           People
           as
           he
           
           commanded
           them
           ,
           
           
             their
             Blood
             will
             I
             require
             at
             thy
             hand
             .
          
           
           Is
           this
           Charge
           now
           lying
           upon
           every
           one
           of
           you
           ,
           as
           to
           every
           Person
           under
           your
           Care
           ?
           Who
           would
           not
           rather
           run
           into
           a
           Wilderness
           ,
           or
           hide
           himself
           in
           a
           Cave
           ,
           than
           take
           such
           a
           Charge
           upon
           him
           ?
        
         
           But
           we
           must
           distinguish
           what
           was
           peculiar
           to
           the
           Prophet's
           immediate
           Commission
           to
           go
           to
           any
           particular
           Person
           in
           God's
           Name
           ,
           from
           a
           General
           Charge
           to
           inform
           Persons
           in
           their
           Duties
           ,
           and
           to
           tell
           them
           the
           Danger
           of
           continuing
           in
           their
           Sins
           .
           If
           any
           fail
           for
           want
           of
           Information
           ,
           when
           you
           are
           bound
           to
           give
           it
           ,
           the
           Neglect
           must
           fall
           heavy
           ,
           and
           therefore
           you
           are
           bound
           to
           take
           all
           just
           Opportunities
           in
           publick
           and
           private
           to
           inform
           those
           under
           your
           Care
           of
           such
           Sins
           as
           you
           know
           them
           to
           be
           guilty
           of
           ;
           not
           with
           a
           Design
           to
           upbraid
           ,
           but
           to
           reform
           them
           .
        
         
         
           In
           the
           New
           Testament
           the
           Charge
           is
           General
           
             to
             feed
             the
             Flock
             of
             God
          
           ;
           and
           
             to
             do
             it
             willingly
          
           ,
           
           
             not
             for
             filthy
             Lucre
             ,
             but
             of
             a
             ready
             mind
             ;
             and
             to
             be
             Examples
             to
             the
             Flock
             .
          
           But
           St.
           Peter
           ,
           who
           gives
           this
           Advice
           ,
           doth
           not
           determine
           who
           belong
           to
           
             the
             Flock
          
           ;
           nor
           within
           what
           Bounds
           it
           is
           to
           be
           limited
           ;
           and
           there
           were
           many
           Flocks
           in
           the
           Iewish
           Dispersion
           ,
           and
           many
           Elders
           scattered
           up
           and
           down
           among
           them
           in
           
             Pontus
             ,
             Asia
             ,
             Galatia
             ,
             Cappadocia
             ,
          
           and
           Bithynia
           ;
           so
           that
           here
           we
           have
           only
           general
           and
           excellent
           Advice
           for
           such
           who
           had
           Care
           of
           the
           several
           Flocks
           ,
           to
           carry
           themselves
           towards
           them
           with
           great
           Humility
           and
           Tenderness
           ,
           with
           Charity
           and
           Goodness
           ,
           as
           those
           that
           made
           it
           their
           business
           to
           do
           good
           among
           them
           ,
           and
           conduct
           them
           in
           the
           Way
           to
           Heaven
           .
        
         
           St.
           Paul
           ,
           in
           his
           Charge
           to
           those
           whom
           he
           sent
           for
           to
           Miletus
           ,
           tells
           them
           ,
           
           
             That
             they
             must
             take
             heed
             to
             themselves
             ,
          
           
           
             and
             to
             all
             the
             Flock
             ,
             over
             which
             the
             Holy
             Ghost
             hath
             made
             them
             Overseers
             ,
             to
             feed
             the
             Church
             of
             God
             ,
             which
             he
             hath
             purchased
             with
             his
             own
             Blood.
          
           It
           's
           possible
           here
           might
           be
           a
           particular
           Designation
           of
           the
           Flock
           they
           were
           to
           oversee
           ,
           by
           the
           Direction
           of
           the
           Holy
           Ghost
           ;
           but
           yet
           the
           Charge
           is
           general
           to
           take
           heed
           to
           themselves
           and
           to
           the
           Flock
           ,
           and
           to
           promote
           the
           good
           of
           the
           Church
           of
           God
           ,
           which
           
             Christ
             hath
             purchased
             with
             his
             own
             Blood.
          
           Which
           are
           the
           most
           weighty
           Considerations
           in
           the
           World
           to
           excite
           us
           to
           the
           utmost
           Care
           and
           Diligence
           in
           Discharge
           of
           our
           Duties
           .
        
         
           In
           the
           Epistle
           to
           the
           Thessalonians
           they
           are
           said
           
             to
             be
             over
             them
             in
             the
             Lord
             ,
          
           
           
             and
             to
             admonish
             them
          
           .
           In
           that
           to
           the
           Hebrews
           ,
           
           
             to
             watch
             for
             their
             Souls
             ,
             as
             they
             that
             must
             give
             an
             Account
             .
          
           No
           doubt
           ,
           very
           great
           Care
           and
           Watchfulness
           is
           required
           in
           all
           that
           
           take
           so
           great
           and
           solemn
           an
           Office
           upon
           them
           ;
           but
           where
           are
           the
           Bounds
           and
           Limits
           set
           ,
           as
           to
           the
           People
           ,
           and
           Nature
           of
           the
           Duties
           required
           from
           them
           ?
           Must
           every
           Man
           be
           left
           to
           his
           own
           Conscience
           and
           Judgment
           ,
           what
           ,
           and
           how
           far
           he
           is
           to
           go
           ?
           Or
           can
           we
           suppose
           all
           Men
           equally
           careful
           of
           doing
           their
           Duties
           ,
           if
           no
           particular
           Obligation
           be
           laid
           upon
           them
           ?
           Some
           of
           the
           Eloquent
           Fathers
           of
           the
           Church
           ,
           as
           St.
           Chrysostom
           ,
           St.
           Ierom
           ,
           St.
           
             Gregory
             Nazianzen
          
           ,
           and
           others
           ,
           have
           allowed
           themselves
           so
           much
           in
           the
           Flights
           of
           Fancy
           ,
           and
           Figures
           of
           speaking
           about
           the
           Height
           and
           Dignity
           of
           the
           Sacred
           Function
           ,
           as
           if
           they
           had
           a
           mind
           to
           discourage
           all
           Men
           of
           modest
           and
           humble
           Dispositions
           from
           undertaking
           it
           .
           I
           do
           not
           wonder
           that
           they
           ran
           into
           Solitudes
           ,
           and
           withdrew
           from
           the
           World
           upon
           it
           ;
           but
           I
           do
           wonder
           how
           they
           came
           from
           thence
           and
           undertook
           
           the
           same
           Charge
           afterwards
           ,
           without
           giving
           an
           Answer
           to
           their
           own
           Arguments
           .
           For
           the
           World
           remained
           just
           as
           it
           was
           when
           they
           left
           it
           .
           Mankind
           were
           still
           as
           impatient
           of
           being
           governed
           ,
           or
           told
           of
           their
           Faults
           ,
           as
           sickle
           and
           humoursom
           ,
           as
           prone
           to
           Evil
           ,
           and
           untractable
           to
           Good
           ,
           as
           it
           was
           before
           .
           And
           could
           they
           hope
           it
           would
           ever
           mend
           by
           their
           running
           away
           from
           it
           ?
           Or
           ,
           was
           their
           Duty
           become
           more
           easie
           by
           declining
           it
           ;
           I
           think
           it
           was
           very
           well
           for
           the
           Church
           of
           God
           ,
           that
           ,
           notwithstanding
           their
           own
           many
           Arguments
           ,
           they
           took
           the
           Sacred
           Office
           upon
           them
           at
           last
           ,
           and
           did
           God
           and
           the
           Church
           good
           Service
           in
           it
           .
           But
           if
           Men
           were
           to
           judge
           by
           their
           Writings
           upon
           this
           Argument
           ,
           one
           would
           think
           none
           but
           those
           who
           had
           a
           mind
           to
           be
           damned
           ,
           would
           undertake
           it
           .
           And
           their
           great
           Strains
           of
           Wit
           and
           Eloquence
           ,
           if
           they
           had
           
           any
           Force
           ,
           would
           keep
           the
           best
           Men
           out
           of
           the
           Church
           ,
           who
           were
           most
           likely
           to
           do
           God
           Service
           in
           it
           ;
           and
           we
           need
           no
           other
           Instances
           than
           these
           very
           Persons
           themselves
           .
           And
           if
           all
           good
           ,
           and
           humble
           ,
           and
           conscientious
           Men
           should
           for
           the
           sake
           of
           the
           Hardness
           of
           the
           Work
           ,
           decline
           the
           Church's
           Service
           ,
           and
           take
           any
           other
           lawful
           Imployment
           ,
           what
           would
           become
           of
           the
           Church
           of
           God
           ?
           For
           none
           that
           had
           ,
           or
           intended
           to
           keep
           a
           good
           Conscience
           ,
           could
           undertake
           the
           Cure
           of
           Souls
           ;
           and
           so
           they
           must
           be
           left
           to
           such
           as
           had
           no
           Regard
           to
           their
           own
           ;
           but
           were
           either
           ignorant
           ,
           stupid
           and
           senseless
           Creatures
           ,
           or
           such
           as
           regarded
           not
           their
           own
           Salvation
           ,
           who
           durst
           undertake
           such
           a
           Task
           ,
           as
           would
           not
           only
           add
           to
           their
           own
           Guilt
           ,
           but
           bring
           the
           heavy
           Load
           of
           other
           Mens
           Faults
           upon
           them
           too
           .
        
         
         
           What
           is
           now
           to
           be
           done
           in
           this
           Case
           ?
           Hath
           God
           really
           imposed
           such
           a
           Task
           upon
           all
           those
           who
           enter
           into
           this
           Sacred
           Function
           ,
           that
           it
           is
           morally
           impossible
           for
           an
           honest
           Man
           to
           discharge
           it
           with
           a
           good
           Conscience
           ?
           How
           then
           can
           any
           such
           undertake
           it
           ?
           But
           if
           it
           may
           be
           done
           ,
           what
           are
           those
           Bounds
           and
           Rules
           we
           are
           to
           observe
           ,
           so
           as
           a
           good
           Man
           may
           satisfie
           himself
           in
           a
           competent
           Measure
           ,
           that
           he
           hath
           done
           his
           Duty
           ?
        
         
           II.
           And
           this
           is
           that
           which
           I
           shall
           now
           endeavour
           to
           clear
           .
           For
           every
           one
           who
           is
           in
           Orders
           ,
           hath
           a
           double
           Capacity
           :
           One
           with
           Respect
           to
           the
           Church
           of
           God
           in
           General
           ;
           another
           to
           that
           particular
           Flock
           which
           is
           allotted
           to
           him
           ,
           by
           the
           Constitution
           of
           this
           Church
           ,
           and
           the
           Law
           of
           the
           Land.
           For
           although
           the
           Nature
           of
           our
           Duty
           in
           general
           be
           determined
           by
           the
           Word
           of
           God
           ,
           as
           I
           have
           already
           
           ready
           shewed
           ,
           yet
           the
           particular
           Obligation
           of
           every
           one
           to
           his
           own
           Flock
           ,
           is
           according
           to
           that
           Power
           and
           Authority
           ,
           which
           by
           the
           Rules
           and
           Orders
           of
           this
           Church
           is
           committed
           to
           him
           ,
           and
           is
           fully
           expressed
           in
           the
           Office
           of
           Ordination
           .
           By
           which
           it
           plainly
           appears
           ,
           that
           the
           Care
           of
           Souls
           committed
           to
           Persons
           among
           us
           ,
           is
           not
           an
           absolute
           ,
           indefinite
           ,
           and
           unaccountable
           Thing
           ;
           but
           is
           limited
           ,
           as
           to
           Place
           ,
           Persons
           ,
           and
           Duties
           ,
           which
           are
           incumbent
           upon
           them
           .
           They
           are
           
             to
             teach
             the
             People
             committed
             to
             their
             Charge
          
           ;
           By
           whom
           ?
           By
           the
           Bishop
           when
           he
           gives
           Institution
           .
        
         
           They
           are
           to
           give
           private
           as
           well
           as
           publick
           Monitions
           and
           Exhortations
           ,
           as
           well
           to
           the
           sick
           ,
           as
           to
           the
           whle
           :
           
             What
             ,
             to
             all
             ?
             No
             ,
             but
          
           to
           those
           within
           their
           Cure.
           
        
         
           
             They
             are
          
           to
           banish
           erroneous
           Doctrines
           ,
           and
           to
           promote
           Peace
           and
           Love
           ,
           
           especially
           among
           them
           committed
           to
           their
           Charge
           .
        
         
           
             And
             last
             of
             all
          
           ,
           they
           are
           to
           Obey
           those
           who
           have
           the
           Charge
           and
           Government
           over
           them
           .
        
         
           These
           things
           are
           so
           express
           and
           plain
           in
           the
           very
           Constitution
           of
           this
           Church
           ,
           and
           owned
           so
           solemnly
           by
           every
           one
           that
           enters
           into
           Orders
           ,
           that
           there
           can
           be
           no
           Dispute
           concerning
           them
           .
        
         
           And
           from
           thence
           we
           observe
           several
           things
           that
           tend
           to
           the
           Resolution
           of
           the
           main
           Point
           ,
           as
           to
           the
           Satisfaction
           of
           doing
           your
           Duties
           ,
           as
           Incumbents
           on
           your
           several
           Places
           .
        
         
           I.
           That
           it
           is
           a
           Cure
           of
           Souls
           limited
           as
           to
           Persons
           and
           Place
           ,
           i.e.
           within
           such
           a
           Precinct
           as
           is
           called
           a
           Parish
           .
        
         
           II.
           That
           it
           is
           limited
           as
           to
           Power
           ,
           with
           Respect
           to
           Discipline
           .
        
         
         
           Therefore
           I
           shall
           endeavour
           to
           clear
           these
           Two
           Things
           :
        
         
           I.
           What
           the
           just
           Bounds
           and
           Limits
           of
           Parochial
           Cures
           are
           .
        
         
           II.
           What
           is
           the
           Measure
           of
           that
           Diligence
           which
           is
           required
           within
           those
           Bounds
           .
        
         
           As
           to
           the
           former
           ,
           we
           are
           to
           begin
           with
           the
           Limitation
           as
           to
           Place
           .
        
         
           I.
           That
           it
           is
           a
           Cure
           of
           Souls
           limited
           within
           certain
           Bounds
           which
           are
           called
           Parishes
           ,
           
           which
           are
           now
           certainly
           known
           by
           long
           Usage
           and
           Custom
           ,
           and
           ought
           still
           to
           be
           preserved
           with
           great
           Care
           ;
           for
           otherwise
           Confusion
           and
           Disputes
           will
           arise
           between
           several
           Ministers
           ,
           and
           several
           Parishes
           with
           one
           another
           .
           For
           since
           the
           Duties
           and
           the
           Profits
           are
           both
           limited
           ,
           it
           is
           necessary
           that
           those
           Bounds
           should
           be
           carefully
           preserved
           ,
           as
           they
           generally
           are
           by
           Annual
           Perambulations
           .
        
         
         
           But
           there
           are
           some
           who
           will
           understand
           nothing
           of
           this
           bounding
           of
           Ministerial
           Duties
           by
           distinct
           Parishes
           ,
           who
           think
           they
           are
           at
           liberty
           to
           exercise
           their
           Gifts
           where-ever
           they
           are
           called
           ;
           and
           that
           it
           were
           better
           that
           these
           parochial
           Inclosures
           were
           thrown
           open
           ,
           and
           all
           left
           at
           liberty
           to
           chuse
           such
           whom
           they
           liked
           best
           ,
           and
           under
           whom
           they
           can
           improve
           most
           .
        
         
           These
           things
           seem
           to
           look
           plausibly
           at
           the
           first
           Appearance
           ,
           and
           to
           come
           nearest
           to
           the
           first
           gathering
           of
           Churches
           ,
           before
           any
           such
           thing
           as
           Parishes
           were
           known
           .
        
         
           But
           to
           me
           this
           Arguing
           looks
           like
           Persons
           going
           about
           now
           to
           overthrow
           all
           Dominion
           and
           Property
           in
           Lands
           and
           Estates
           ,
           because
           it
           seems
           not
           so
           agreeable
           with
           the
           first
           natural
           Freedom
           of
           Mankind
           ;
           who
           according
           to
           the
           Original
           Right
           of
           Nature
           ,
           might
           pick
           and
           chuse
           what
           served
           
           
           
           
           
           most
           to
           their
           own
           Conveniency
           .
           But
           although
           this
           were
           the
           first
           State
           of
           things
           ,
           yet
           the
           great
           Inconveniencies
           which
           followed
           it
           ,
           upon
           the
           Increase
           of
           Mankind
           ,
           made
           Division
           and
           Property
           necessary
           ;
           and
           altho'
           there
           be
           no
           express
           Command
           of
           God
           for
           it
           ,
           yet
           being
           so
           necessary
           for
           the
           Good
           of
           Mankind
           ,
           it
           was
           not
           only
           continued
           every
           where
           ,
           but
           those
           Persons
           were
           thought
           fit
           to
           be
           punished
           by
           severe
           Laws
           ,
           who
           invaded
           the
           Rights
           and
           Properties
           of
           others
           ,
           either
           by
           open
           Violence
           and
           Rapine
           ,
           or
           by
           secret
           Stealth
           and
           Purloining
        
         
           I
           grant
           ,
           that
           at
           first
           there
           were
           no
           such
           Parochial
           Divisions
           of
           Cures
           here
           in
           England
           ,
           as
           there
           are
           now
           .
           For
           the
           Bishops
           and
           their
           Clergy
           lived
           in
           Common
           ;
           and
           before
           that
           the
           Number
           of
           Christians
           was
           much
           increased
           ,
           the
           Bishops
           sent
           out
           their
           Clergy
           to
           preach
           to
           the
           People
           ,
           as
           
           they
           saw
           Occasion
           .
           But
           after
           the
           Inhabitants
           had
           generally
           embraced
           Christianity
           ,
           this
           Itinerant
           and
           Occasional
           going
           from
           Place
           to
           Place
           ,
           was
           found
           very
           inconvenient
           ,
           because
           of
           the
           constant
           Offices
           that
           were
           to
           be
           administred
           ;
           and
           the
           Peoples
           knowing
           to
           whom
           they
           should
           resort
           for
           Spiritual
           Offices
           and
           Directions
           .
           Hereupon
           the
           Bounds
           of
           Parochial
           Cures
           were
           found
           necessary
           to
           be
           settled
           here
           by
           degrees
           ,
           by
           those
           Bishops
           who
           were
           the
           great
           Instruments
           of
           converting
           the
           Nation
           from
           the
           Saxon
           Idolatry
           .
           But
           a
           Work
           of
           this
           Nature
           could
           not
           be
           done
           all
           at
           once
           ,
           as
           by
           a
           kind
           of
           
             Agrarian
             Law
          
           ,
           but
           several
           Steps
           were
           taken
           in
           order
           to
           it
           .
        
         
           At
           first
           ,
           
           as
           appears
           by
           Bede
           ,
           they
           made
           use
           of
           any
           old
           British
           Churches
           that
           were
           left
           standing
           ;
           so
           Augustin
           at
           first
           made
           use
           of
           St.
           
           Martin's
           near
           Canterbury
           ,
           
           and
           after
           repaired
           Christs-Church
           ,
           
           which
           were
           both
           
             British
             Churches
          
           .
           But
           Ethelbert
           gave
           all
           Incouragement
           both
           
             to
             repair
             Old
             Churches
             and
             to
             build
             New.
          
           However
           ,
           the
           Work
           went
           on
           slowly
           ;
           Augustin
           consecrated
           but
           two
           Bishops
           ,
           which
           were
           setled
           at
           London
           and
           Rochester
           ,
           where
           Ethelbert
           built
           and
           endowed
           two
           Churches
           for
           the
           Bishops
           and
           their
           Clergy
           to
           live
           together
           .
           
           In
           the
           Western
           Parts
           Bicinus
           built
           several
           Churches
           about
           Dorchester
           ,
           
           where
           his
           See
           was
           fixed
           .
           Wilfred
           converted
           the
           South-Saxons
           ,
           and
           settled
           Presbyters
           in
           the
           
             Isle
             of
             Wight
          
           ,
           but
           they
           were
           but
           two
           .
           
           In
           the
           Kingdom
           of
           Mercia
           there
           were
           five
           Diocesses
           made
           in
           
           Theodore's
           time
           ;
           and
           Putta
           ,
           Bishop
           of
           Rochester
           ,
           being
           driven
           from
           his
           See
           ,
           he
           obtained
           from
           Saxulphus
           ,
           
           a
           Mercian
           Bishop
           ,
           a
           Church
           with
           a
           small
           Glebe
           ,
           and
           there
           he
           ended
           his
           Days
           .
           In
           the
           Northern
           Parts
           we
           read
           of
           two
           Churches
           built
           by
           two
           Noblemen
           ,
           
           
           
             (
             Puch
          
           and
           Addi
           )
           upon
           their
           own
           Manors
           .
           And
           the
           same
           might
           be
           done
           elsewhere
           ;
           but
           Bede
           would
           never
           have
           mentioned
           these
           ,
           if
           the
           thing
           had
           been
           common
           .
           But
           in
           his
           Epistle
           to
           Egbert
           ,
           
           Archbishop
           of
           York
           ,
           a
           little
           before
           his
           Death
           he
           intimates
           the
           great
           Want
           of
           Presbyters
           and
           Parochial
           Settlements
           ,
           and
           therefore
           earnestly
           perswades
           him
           to
           procure
           more
           .
           
           And
           if
           
           Egbert's
           Canons
           be
           genuine
           (
           of
           which
           there
           are
           several
           Ancient
           MSS.
           )
           the
           Duties
           of
           Presbyters
           in
           their
           several
           Churches
           are
           set
           down
           :
           However
           ,
           the
           Work
           went
           not
           on
           so
           fast
           ,
           but
           in
           his
           Successor
           Eanbaldus
           his
           time
           ,
           
           the
           Bishops
           were
           required
           to
           find
           out
           convenient
           places
           to
           build
           Churches
           in
           ;
           and
           the
           same
           passed
           in
           the
           Southern
           Parts
           by
           general
           Consent
           .
           In
           the
           Council
           of
           Cloveshoo
           ,
           we
           read
           of
           
             Presbyters
             placed
             up
             and
             down
             by
             the
             Bishops
             in
             the
             Manors
             of
             the
             Laity
             ,
          
           
           
             and
             in
             several
             
             Parts
             distinct
             from
             the
             Episcopal
             See
          
           ;
           and
           there
           they
           are
           exhorted
           
             to
             be
             diligent
             in
             their
             Duties
             .
          
           
           In
           the
           times
           of
           Edgar
           and
           Canutus
           ,
           we
           read
           of
           the
           
             Mother
             Churches
          
           ,
           which
           had
           the
           Original
           Settlement
           of
           Tithes
           ,
           
           (
           after
           they
           were
           given
           to
           the
           Church
           by
           several
           Laws
           )
           and
           of
           the
           Churches
           built
           upon
           their
           own
           Lands
           by
           the
           Lords
           of
           Manors
           ;
           to
           which
           they
           could
           only
           apply
           a
           third
           Part
           of
           the
           Tithes
           .
           
           But
           in
           the
           Laws
           of
           Canutus
           ,
           we
           find
           a
           fourfold
           Distinction
           of
           Churches
           .
           1.
           
           
             The
             Head
             Church
          
           ,
           or
           the
           Bishop's
           See.
           
           2.
           
           Churches
           of
           a
           second
           Rank
           ,
           which
           had
           Right
           of
           Sepulture
           ,
           and
           Baptism
           ,
           and
           Tithes
           .
           3.
           
           Churches
           that
           had
           Right
           of
           Sepulture
           ,
           but
           not
           frequented
           .
           4.
           
           Field-Churches
           or
           Oratories
           ,
           which
           had
           no
           Right
           of
           Burial
           .
           The
           second
           sort
           seem
           to
           be
           the
           Original
           Parochial
           Churches
           which
           had
           the
           Endowment
           of
           Tithes
           ,
           and
           were
           so
           large
           ,
           
           that
           several
           other
           Churches
           were
           taken
           out
           of
           them
           by
           the
           Lords
           of
           Manors
           ;
           and
           so
           the
           Parishes
           came
           to
           be
           multiplied
           so
           much
           ,
           that
           in
           the
           Laws
           of
           Edward
           the
           Confessor
           ,
           c.
           9.
           it
           is
           said
           ,
           
             That
             there
             were
             then
             Three
             or
             Four
             Churches
             ,
             where
             there
             had
             been
             but
             One
             before
             .
          
           In
           this
           Diocess
           I
           find
           by
           an
           Epistle
           of
           Wulston
           ,
           Bishop
           of
           Worcester
           ,
           
           to
           Anselm
           ,
           that
           before
           the
           Conquest
           there
           were
           Churches
           in
           Vills
           ,
           or
           upon
           particular
           Manors
           that
           were
           consecrated
           .
           And
           if
           William
           the
           Conqueror
           demolished
           Six
           and
           thirty
           Parish
           Churches
           in
           the
           Compass
           of
           the
           
             New
             Forest
          
           ,
           as
           is
           commonly
           said
           ,
           there
           must
           be
           a
           very
           great
           Number
           before
           the
           Conquest
           ;
           although
           so
           few
           are
           said
           to
           appear
           in
           
             Doomsday
             Book
          
           ;
           (
           yet
           there
           are
           many
           parochial
           Churches
           of
           this
           Diocess
           in
           it
           ,
           above
           twenty
           in
           two
           Deanaries
           )
           but
           the
           Normans
           almost
           ruined
           the
           parochial
           Clergy
           ,
           by
           
           seizing
           the
           Tithes
           ,
           and
           making
           Appropriations
           of
           them
           .
           But
           in
           the
           Saxon
           times
           the
           Number
           still
           encreased
           ,
           as
           Lords
           of
           Manors
           and
           others
           were
           willing
           to
           erect
           new
           Churches
           ,
           and
           to
           have
           a
           settled
           Parochial
           Minister
           among
           them
           ,
           who
           was
           to
           take
           Care
           of
           the
           Souls
           of
           the
           people
           within
           such
           a
           Precinct
           ,
           as
           hath
           obtained
           the
           Name
           of
           a
           Parish
           .
           But
           Parishes
           now
           are
           of
           a
           very
           different
           Extent
           and
           Value
           ;
           but
           the
           Obligation
           which
           the
           Law
           puts
           upon
           them
           ,
           is
           the
           same
           ;
           only
           where
           the
           Maintenance
           is
           greater
           they
           may
           have
           the
           more
           Assistants
           .
           And
           from
           hence
           came
           the
           Difference
           among
           the
           Parochial
           Clergy
           ;
           for
           ,
           those
           whose
           Parishes
           were
           better
           endowed
           ,
           could
           maintain
           inferior
           Clerks
           under
           them
           ,
           who
           might
           be
           useful
           to
           them
           in
           the
           publick
           Service
           ,
           and
           assist
           them
           in
           the
           Administration
           of
           Sacraments
           .
           And
           this
           was
           the
           true
           Original
           of
           
           those
           we
           now
           call
           Parish-Clerks
           ;
           but
           were
           at
           first
           intended
           as
           Clerks-Assistant
           to
           him
           that
           had
           the
           Cure
           ;
           and
           therefore
           he
           had
           the
           Nomination
           of
           them
           ,
           as
           appears
           by
           the
           Ecclesiastical
           Law
           ,
           both
           here
           and
           abroad
           .
           And
           Lyndwood
           saith
           ,
           
           
             Every
             Vicar
             was
             to
             have
             enough
             to
             serve
             him
             ,
             and
             One
             Clerk
             or
             more
          
           ;
           and
           by
           the
           Canon-Law
           ,
           
             no
             Church
             could
             be
             founded
             ,
             where
             there
             was
             not
             a
             Maintenance
             for
             Assisting-Clerks
             .
          
           
           In
           the
           Synod
           of
           Worcester
           ,
           under
           
             Walter
             Cantelupe
          
           ,
           in
           Henry
           the
           Third's
           time
           ,
           they
           are
           called
           
             Capellani
             Parochiales
          
           ,
           and
           the
           Rectors
           of
           Parishes
           were
           required
           to
           have
           such
           with
           them
           .
           
           And
           the
           Canon
           Law
           doth
           allow
           a
           Rector
           to
           give
           
             a
             Title
          
           to
           another
           to
           receive
           Orders
           as
           an
           Assistant
           to
           him
           ;
           
           and
           this
           without
           any
           prejudice
           to
           the
           Patron
           's
           Right
           ;
           
           because
           but
           One
           can
           have
           a
           Legal
           Title
           to
           the
           Cure.
           
           But
           Lyndwood
           observes
           very
           well
           ,
           
             That
             those
             
             who
             gives
             Titles
             to
             others
             ,
             as
             their
             Assistants
             or
             Curates
             ,
             are
             bound
             to
             maintain
             them
             if
             they
             want
             .
          
           These
           are
           called
           
             Vicarii
             Parochiales
             ,
             &
             Stipendiarii
          
           ;
           but
           
             Conductitii
             Presbyteri
          
           ,
           who
           are
           forbidden
           ,
           
           were
           those
           who
           took
           Livings
           to
           farm
           ,
           without
           a
           Title
           .
           But
           after
           Appropriations
           came
           in
           ,
           then
           there
           were
           another
           sort
           of
           Vicars
           called
           Perpetui
           ,
           and
           were
           endowed
           with
           a
           certain
           Portion
           of
           the
           Temporalities
           ,
           and
           were
           admitted
           
             ad
             Curam
             Animarum
          
           :
           
           But
           such
           could
           not
           
             Personam
             Ecclesiae
             sustinere
          
           in
           an
           Action
           at
           Law
           about
           the
           Rights
           of
           the
           Church
           ,
           
           but
           as
           to
           their
           own
           Right
           they
           might
           .
           But
           still
           there
           is
           another
           sort
           of
           Vicars
           ,
           who
           are
           Perpetual
           ,
           but
           not
           Endowed
           any
           otherwise
           than
           the
           Bishop
           did
           allow
           a
           
             congrua
             Portio
          
           ;
           and
           this
           was
           in
           Appropriations
           where
           the
           Bishop
           consented
           only
           upon
           those
           Terms
           ,
           as
           they
           generally
           were
           so
           made
           ,
           till
           the
           Neglect
           made
           the
           
           Statutes
           necessary
           ,
           15
           R.
           2.
           6.
           and
           4
           H.
           4.
           12.
           
           The
           Bishops
           were
           to
           make
           ,
           or
           enlarge
           the
           Allowance
           ,
           say
           the
           Canonists
           ,
           
           after
           Presentation
           ,
           and
           before
           Institution
           ,
           and
           were
           to
           see
           that
           it
           were
           a
           sufficient
           Subsistence
           .
        
         
           But
           there
           were
           some
           Cures
           which
           had
           Chapels
           of
           Ease
           belonging
           to
           them
           ;
           
           and
           they
           who
           offiuated
           in
           them
           ,
           were
           called
           Capellani
           ,
           and
           had
           their
           Subsistence
           out
           of
           the
           Oblations
           and
           Obventions
           ,
           
           and
           were
           often
           Perpetual
           and
           Presentative
           .
           And
           where
           the
           Incumbents
           had
           several
           Chapels
           of
           Ease
           ,
           and
           only
           Assistants
           to
           supply
           them
           ,
           
           the
           Canon
           Law
           doth
           not
           call
           them
           Rectores
           ,
           
           but
           Plebani
           ;
           who
           had
           a
           sort
           of
           peculiar
           Jurisdiction
           in
           lesser
           Matters
           ;
           
           but
           still
           they
           were
           under
           the
           Bishops
           Authority
           in
           Visitations
           and
           other
           Ecclesiastical
           Censures
           ,
           because
           the
           Care
           of
           the
           whole
           Diocess
           belonged
           to
           him
           
             Iure
             Communi
          
           ;
           and
           so
           it
           was
           taken
           for
           granted
           
           in
           all
           Parts
           of
           the
           Christian
           World
           :
           And
           especially
           in
           this
           Kingdom
           ,
           where
           
             Parochial
             Episcopacy
          
           was
           never
           heard
           of
           till
           of
           late
           years
           .
           For
           ,
           nothing
           can
           be
           plainer
           in
           our
           History
           ,
           than
           what
           is
           affirmed
           in
           two
           of
           our
           Laws
           ,
           Stat.
           of
           
             Carlisle
             ,
             25
             E.
          
           1.
           and
           the
           Stat.
           of
           
             Provisors
             ,
             25
             E.
             3.
             
             That
             the
             Church
             of
          
           England
           
             was
             founded
             in
             Prelacy
          
           ,
           or
           
             Diocesan
             Episcopacy
          
           .
           For
           our
           first
           Bishops
           were
           so
           far
           from
           being
           confined
           to
           one
           Church
           or
           Town
           ,
           that
           at
           first
           in
           the
           
           Saxon-Division
           of
           Kingdoms
           ,
           every
           Bishop
           had
           his
           Diocess
           equal
           with
           the
           Extent
           of
           the
           Kingdom
           ,
           except
           in
           Kent
           ,
           where
           one
           Suffragan
           to
           the
           Archbishop
           at
           Rochester
           was
           confirmed
           .
        
         
           The
           first
           Conversion
           of
           the
           English
           Nation
           to
           Christianity
           from
           Paganism
           ,
           was
           by
           the
           Diocesan
           Bishops
           ,
           who
           were
           sent
           hither
           from
           several
           Parts
           ,
           and
           the
           Presbyters
           imployed
           by
           them
           ;
           and
           as
           the
           Number
           
           of
           Christians
           increased
           ,
           the
           Number
           of
           Bishops
           did
           so
           too
           ;
           so
           that
           in
           the
           Parts
           of
           Mercia
           one
           Diocess
           was
           divided
           into
           five
           ,
           that
           they
           might
           the
           better
           look
           after
           the
           Government
           of
           them
           ;
           and
           every
           Bishop
           ,
           as
           appears
           by
           the
           
           Saxon-Councils
           ,
           was
           bound
           to
           see
           parochial
           Churches
           built
           ,
           and
           the
           Clergy
           to
           be
           settled
           in
           them
           to
           attend
           upon
           the
           Duties
           of
           their
           Function
           among
           the
           people
           committed
           to
           their
           Charge
           .
        
         
           That
           which
           I
           have
           aimed
           at
           in
           this
           Discourse
           ,
           was
           to
           shew
           ,
           That
           the
           Original
           Constitution
           of
           this
           Church
           ,
           was
           Episcopal
           ;
           but
           yet
           that
           the
           Bishops
           did
           still
           design
           to
           fix
           a
           
             Parochial
             Clergy
          
           under
           them
           ,
           as
           Churches
           could
           be
           built
           and
           endowed
           .
        
         
           It
           remains
           now
           to
           shew
           ,
           That
           this
           Constitution
           of
           a
           
             Parochial
             Clergy
          
           ,
           is
           more
           reasonable
           ,
           than
           that
           of
           an
           unfixed
           ,
           and
           unsettled
           Clergy
           by
           Law
           ;
           
           which
           will
           easily
           appear
           ,
           if
           we
           consider
           ,
        
         
           1.
           
           The
           greater
           Advantage
           as
           to
           Unity
           ,
           and
           real
           Edification
           among
           the
           People
           .
           For
           this
           makes
           them
           to
           be
           as
           one
           Body
           within
           certain
           Bounds
           :
           And
           the
           People
           know
           whither
           to
           resort
           for
           publick
           Worship
           and
           Sacraments
           ;
           and
           the
           Inconveniencies
           ,
           as
           to
           the
           difference
           of
           Mens
           Abilities
           ,
           is
           not
           so
           great
           ,
           as
           the
           Inconveniency
           of
           a
           broken
           ,
           divided
           people
           ,
           as
           to
           Religion
           ;
           which
           always
           creates
           Suspicions
           and
           Jealousies
           ,
           and
           generally
           Contempt
           and
           Hatred
           of
           each
           other
           .
           And
           I
           think
           every
           wise
           and
           good
           Christian
           will
           consider
           ,
           that
           which
           tends
           to
           Peace
           and
           Unity
           ,
           is
           really
           more
           Edifying
           than
           a
           far
           better
           Talent
           of
           Elocution
           ,
           or
           the
           most
           moving
           Way
           of
           exciting
           the
           Fancies
           and
           Passions
           of
           Hearers
           .
           For
           ,
           S.
           Paul
           tells
           us
           ,
           Charity
           is
           beyond
           
             miraculous
             Gifts
          
           .
           It
           is
           easie
           to
           observe
           ,
           that
           the
           
           wisest
           Methods
           are
           seldom
           the
           most
           popular
           ;
           because
           the
           generality
           of
           Mankind
           do
           not
           judge
           by
           Reason
           ,
           but
           by
           Fancy
           ,
           and
           Humour
           ,
           and
           Prejudices
           of
           one
           kind
           or
           other
           .
           From
           hence
           the
           Heats
           of
           Enthusiasm
           ,
           and
           odd
           Gestures
           ,
           and
           vehement
           Expressions
           ,
           with
           no
           deep
           or
           coherent
           Sense
           ,
           take
           much
           more
           with
           ordinary
           and
           injudicious
           people
           ,
           than
           the
           greatest
           Strength
           and
           clearness
           of
           Reason
           ,
           or
           the
           soundest
           Doctrine
           ,
           and
           the
           most
           pious
           Exhortation
           ,
           if
           they
           be
           not
           set
           off
           in
           such
           a
           Way
           as
           strikes
           their
           Imaginations
           ,
           and
           raises
           their
           Passions
           .
           And
           this
           is
           that
           which
           such
           do
           commonly
           call
           the
           most
           Edifying
           Way
           of
           Preaching
           ,
           which
           is
           like
           the
           coming
           up
           of
           the
           Tide
           with
           Noise
           and
           Violence
           ,
           but
           leaves
           little
           Effect
           ;
           whereas
           the
           other
           is
           like
           a
           constant
           Stream
           which
           goes
           on
           in
           a
           steady
           and
           even
           Course
           ,
           and
           makes
           the
           Earth
           more
           fruitful
           .
           The
           one
           is
           
           like
           a
           Storm
           of
           Thunder
           and
           Lightning
           ,
           which
           startles
           ,
           and
           confounds
           ,
           and
           amuses
           more
           ;
           but
           the
           other
           is
           like
           a
           gentle
           Rain
           which
           softens
           and
           mellows
           the
           Ground
           ,
           and
           makes
           it
           more
           apt
           to
           produce
           kindly
           and
           lasting
           Fruit.
           We
           are
           to
           judge
           of
           true
           Edification
           ,
           not
           by
           the
           sudden
           Heat
           and
           Motion
           of
           Passions
           ,
           but
           by
           producing
           the
           genuine
           Effects
           of
           true
           Religion
           ;
           which
           are
           fixing
           our
           Minds
           on
           the
           greatest
           and
           truest
           Good
           ,
           and
           calming
           and
           governing
           our
           disorderly
           Passions
           ,
           and
           leading
           
             a
             godly
             ,
             righteous
             and
             sober
             Life
             .
          
           But
           we
           too
           often
           find
           violent
           and
           boisterous
           Passions
           ,
           an
           ungovernable
           Temper
           ,
           Envy
           ,
           Strife
           and
           Uncharitableness
           ,
           growing
           up
           with
           greater
           Pretences
           to
           Zeal
           ,
           and
           better
           Ways
           of
           Edification
           .
        
         
           I
           never
           expect
           to
           see
           the
           World
           so
           wise
           ,
           as
           to
           have
           Persons
           and
           Things
           universally
           esteemed
           according
           
           to
           their
           Real
           Worth.
           For
           there
           will
           be
           a
           Tincture
           in
           most
           persons
           ,
           from
           Temper
           ,
           and
           Inclination
           ,
           and
           the
           Principles
           of
           Education
           ;
           but
           generally
           speaking
           Matters
           of
           Order
           and
           Decency
           ,
           and
           Things
           which
           tend
           to
           a
           publick
           Good
           ,
           affect
           those
           most
           ,
           who
           have
           the
           best
           Judgment
           and
           Temper
           ;
           and
           irregular
           Heats
           ,
           and
           disorderly
           Methods
           of
           praying
           and
           preaching
           ,
           those
           whose
           Religion
           makes
           more
           Impression
           upon
           their
           Fancies
           ,
           than
           their
           Judgments
           ,
           and
           is
           seen
           more
           in
           the
           inflaming
           their
           Passions
           ,
           than
           in
           keeping
           them
           in
           their
           due
           Order
           .
        
         
           2.
           
           There
           is
           a
           greater
           Advantage
           as
           to
           Discipline
           :
           For
           ,
           if
           among
           the
           Teachers
           they
           are
           under
           no
           Bounds
           nor
           Subjection
           to
           a
           Superiour
           Authority
           ,
           it
           is
           very
           easie
           to
           avoid
           any
           kind
           of
           Censure
           for
           the
           most
           corrupt
           Doctrines
           or
           Practices
           .
           We
           cannot
           boast
           much
           of
           the
           strict
           
           Exercise
           of
           Discipline
           among
           us
           ;
           and
           one
           great
           Reason
           is
           ,
           That
           many
           have
           more
           mind
           to
           complain
           of
           the
           Want
           of
           it
           ,
           than
           to
           do
           their
           Endeavour
           to
           amend
           it
           .
           We
           hear
           of
           many
           Complaints
           of
           the
           Clergy
           in
           general
           ,
           and
           sometimes
           by
           those
           who
           have
           more
           mind
           to
           have
           them
           thought
           guilty
           ,
           than
           to
           prove
           them
           so
           ,
           for
           fear
           they
           should
           acquit
           themselves
           ,
           or
           at
           least
           the
           Church
           should
           not
           bear
           the
           blame
           of
           their
           Miscarriages
           .
           But
           we
           cannot
           proceed
           arbitrarily
           ,
           we
           must
           allow
           them
           timely
           notice
           ,
           and
           summon
           them
           to
           appear
           ,
           and
           a
           just
           Liberty
           of
           Defence
           ;
           but
           if
           upon
           Proof
           ,
           and
           sufficient
           Evidence
           we
           have
           not
           proceeded
           against
           them
           with
           the
           just
           Severity
           of
           the
           Law
           ,
           then
           we
           ought
           to
           bear
           the
           Blame
           ,
           but
           not
           otherwise
           .
           But
           whatsoever
           personal
           Neglects
           or
           Faults
           there
           have
           been
           ,
           or
           may
           be
           ,
           my
           Business
           is
           to
           shew
           ,
           that
           our
           Way
           
           is
           much
           better
           fitted
           for
           the
           just
           Exercise
           of
           Discipline
           ,
           than
           that
           of
           Independant
           Congregations
           ,
           altho'
           the
           Managers
           of
           them
           pick
           and
           cull
           out
           the
           best
           they
           can
           for
           their
           Purpose
           ;
           and
           one
           would
           think
           ,
           when
           they
           had
           made
           choice
           of
           Members
           to
           their
           mind
           ,
           and
           bound
           them
           together
           by
           an
           Explicit
           Covenant
           ,
           they
           should
           be
           very
           easie
           ,
           and
           tractable
           ,
           and
           submissive
           to
           their
           own
           Discipline
           .
           But
           they
           have
           found
           the
           contrary
           by
           their
           sad
           Experience
           ;
           they
           grow
           too
           heady
           and
           wilful
           to
           bear
           any
           such
           thing
           as
           strict
           Discipline
           ;
           for
           when
           they
           had
           the
           Courage
           to
           exercise
           it
           ,
           their
           Congregations
           were
           soon
           broken
           to
           pieces
           ,
           and
           the
           several
           divided
           Parts
           were
           for
           setting
           up
           new
           Heads
           one
           against
           another
           ,
           till
           at
           last
           they
           found
           it
           was
           much
           easier
           to
           be
           Teaching
           than
           to
           be
           Ruling
           Elders
           .
           And
           so
           they
           have
           let
           the
           Reins
           of
           Discipline
           fall
           to
           
           keep
           their
           Congregations
           together
           .
           But
           suppose
           the
           Teachers
           should
           fall
           out
           among
           themselves
           ;
           as
           ,
           to
           give
           a
           fresh
           and
           late
           remarkable
           Instance
           :
           Suppose
           some
           set
           up
           Antinomianism
           ,
           and
           preach
           such
           Doctrines
           to
           the
           People
           or
           Flocks
           before
           you
           ,
           which
           others
           think
           of
           dangerous
           Consequence
           ,
           What
           is
           to
           be
           done
           in
           such
           a
           Case
           ?
           They
           may
           send
           some
           Brethren
           to
           enquire
           whether
           the
           Matters
           of
           fact
           be
           true
           .
           Suppose
           they
           find
           them
           true
           ,
           What
           then
           ?
           What
           is
           to
           be
           done
           next
           ?
           It
           may
           be
           ,
           some
           would
           have
           them
           come
           up
           to
           their
           Brethren
           and
           answer
           to
           the
           Accusations
           brought
           against
           them
           .
           But
           suppose
           they
           will
           not
           ;
           and
           others
           of
           the
           Brethren
           say
           ,
           they
           ought
           not
           ;
           and
           so
           fall
           into
           Heats
           and
           Disputes
           among
           themselves
           about
           it
           ,
           and
           make
           new
           Parties
           and
           Divisions
           :
           Is
           not
           this
           an
           admirable
           Way
           of
           preserving
           Peace
           ,
           and
           Order
           ,
           and
           Discipline
           
           in
           a
           Church
           ?
           And
           I
           am
           as
           certain
           ,
           this
           is
           not
           the
           Way
           of
           Christ's
           appointing
           ,
           as
           I
           am
           ,
           that
           
             God
             is
             the
             God
             of
             Order
             ,
             and
             not
             of
             Confusion
          
           ;
           and
           that
           when
           Christ
           left
           the
           Legacy
           of
           Peace
           to
           his
           Church
           ,
           he
           left
           a
           Power
           in
           some
           to
           see
           his
           Will
           performed
           .
           But
           these
           things
           can
           never
           be
           objected
           against
           us
           ;
           for
           all
           are
           Members
           of
           the
           same
           Body
           ,
           and
           are
           governed
           by
           certain
           and
           known
           Rules
           ;
           and
           if
           any
           be
           guilty
           of
           open
           Violation
           of
           it
           ,
           the
           Way
           is
           open
           to
           accuse
           and
           prosecute
           them
           ;
           and
           if
           they
           be
           found
           guilty
           ,
           the
           Censures
           of
           the
           Church
           will
           render
           them
           uncapable
           of
           doing
           it
           in
           such
           a
           Station
           ;
           or
           at
           least
           ,
           to
           bring
           them
           to
           Confession
           of
           their
           Fault
           ,
           and
           Promise
           of
           future
           Amendment
           .
           And
           now
           I
           leave
           any
           one
           to
           judge
           ,
           whether
           the
           
             Parochial
             Clergy
          
           are
           not
           under
           greater
           and
           better
           Discipline
           ,
           than
           the
           Teachers
           of
           the
           separate
           Congregations
           .
        
         
         
           II.
           But
           the
           great
           Complaint
           of
           such
           Men
           is
           ,
           That
           we
           want
           
             Parochial
             and
             Congregational
             Discipline
          
           ,
           so
           that
           Faults
           should
           be
           examined
           and
           punished
           where
           they
           have
           been
           committed
           ;
           but
           instead
           of
           that
           ,
           all
           Matters
           are
           drawn
           into
           the
           Ecclesiastical
           Court
           ,
           and
           there
           Causes
           are
           managed
           so
           ,
           as
           looks
           rather
           like
           a
           Design
           to
           punish
           Men
           in
           their
           Purses
           ,
           than
           for
           their
           Faults
           ;
           and
           the
           Delays
           are
           so
           great
           ,
           that
           the
           Court
           it self
           seems
           to
           be
           designed
           for
           Penance
           ,
           and
           grows
           very
           uneasie
           ,
           even
           to
           those
           who
           are
           the
           Members
           of
           our
           Church
           .
           And
           some
           think
           that
           the
           proceeding
           against
           Men
           upon
           Articles
           of
           Enquiry
           ,
           not
           so
           agreeable
           to
           the
           Rights
           and
           Liberties
           of
           Mankind
           .
           In
           answer
           to
           this
           ,
           I
           shall
           consider
           ,
           (
           1.
           )
           The
           Proceedings
           upon
           Enquiry
           at
           Visitations
           .
           (
           2.
           )
           The
           Method
           of
           Proceeding
           in
           the
           Ecclesiastical
           Courts
           .
           
           (
           3.
           )
           The
           Inconveniencies
           of
           parochial
           Discipline
           .
        
         
           1.
           
           As
           to
           Enquiries
           at
           Visitations
           .
           They
           were
           grounded
           upon
           one
           of
           the
           main
           Pillars
           of
           our
           Law
           ,
           viz.
           an
           ancient
           ,
           immemorial
           Custom
           founded
           upon
           good
           Reason
           :
           In
           the
           first
           Canons
           that
           ever
           were
           made
           in
           this
           Church
           under
           Theodore
           ,
           Archbishop
           of
           Canterbury
           ;
           
           the
           second
           is
           ,
           
             That
             every
             Bishop
             is
             to
             look
             after
             the
             Government
             of
             his
             own
             Diocess
             ,
             and
             not
             to
             invade
             anothers
             .
          
           And
           that
           in
           so
           doing
           they
           went
           about
           their
           Diocesses
           in
           order
           to
           an
           Enquiry
           and
           Correction
           of
           Miscarriages
           ,
           is
           evident
           from
           the
           Council
           under
           Cuthbert
           ,
           Archbishop
           of
           
             Canterbury
             ,
             Can.
          
           3.
           25.
           the
           first
           Council
           at
           
             Calechyth
             ,
             Can.
          
           3.
           the
           Constitutions
           of
           Odo
           ,
           Archbishop
           of
           
             Canterbury
             ,
             Can.
          
           3.
           and
           the
           Canon
           of
           
             Edgar
             ,
             Can.
          
           3.
           
           But
           in
           these
           
             Saxon
             times
          
           ,
           the
           Visitations
           were
           annual
           ,
           which
           were
           found
           inconvenient
           ;
           
           and
           therefore
           in
           the
           Norman
           times
           ,
           the
           Archdeacons
           were
           taken
           into
           a
           part
           of
           the
           Jurisdiction
           under
           the
           Bishop
           ,
           and
           visited
           those
           years
           the
           Bishop
           did
           not
           .
           But
           we
           meet
           with
           no
           Archdeacons
           with
           any
           kind
           of
           Jurisdiction
           in
           the
           Saxon
           times
           ;
           we
           read
           indeed
           sometimes
           of
           the
           Name
           of
           Archdeacons
           ,
           but
           they
           had
           nothing
           to
           do
           in
           the
           Diocess
           ,
           but
           only
           attended
           the
           Bishop
           at
           Ordinations
           ,
           and
           other
           publick
           Services
           in
           the
           Cathedral
           .
           Lanfranc
           was
           the
           first
           who
           made
           an
           Archdeacon
           with
           Jurisdiction
           in
           his
           See.
           
           And
           Thomas
           first
           Archbishop
           of
           York
           ,
           after
           the
           Conquest
           ,
           was
           the
           first
           who
           divided
           his
           Diocess
           into
           Archdeaconries
           ;
           
           and
           so
           did
           Remigius
           ,
           Bishop
           of
           Lincoln
           ,
           his
           large
           Diocess
           into
           Seven
           Archdeaconries
           ,
           saith
           H.
           of
           Huntingdon
           :
           
           And
           so
           it
           was
           with
           the
           rest
           ;
           of
           which
           there
           were
           two
           Occasions
           ,
           1.
           
           The
           laying
           aside
           the
           Corepiscopi
           in
           the
           Western
           
           Parts
           ,
           as
           assuming
           too
           much
           to
           themselves
           .
           2.
           
           The
           publick
           Services
           which
           the
           Bishops
           were
           more
           strictly
           tied
           to
           ,
           as
           the
           King's
           Barons
           in
           the
           Norman
           times
           :
           Which
           was
           the
           Reason
           not
           only
           of
           taking
           in
           Archdeacons
           ,
           but
           likewise
           of
           Archpresbyters
           or
           Rural-Deans
           ,
           who
           had
           some
           Inspection
           into
           the
           several
           Deanaries
           ,
           and
           assisted
           the
           Bishop
           in
           such
           things
           ,
           as
           they
           were
           appointed
           to
           do
           ;
           and
           then
           came
           in
           the
           other
           Ecclesiastical
           Officers
           ,
           as
           
             Vicars
             General
             ,
             Chancellors
             ,
             Commissaries
             ,
          
           &c.
           for
           we
           read
           not
           of
           them
           here
           at
           all
           in
           the
           
             Saxon
             times
          
           ;
           but
           about
           the
           time
           of
           Hen.
           II.
           the
           Bishops
           took
           them
           for
           their
           Assistance
           in
           Dispatch
           of
           Causes
           ,
           when
           the
           King
           required
           their
           strict
           Attendance
           on
           the
           publick
           Affairs
           in
           the
           Supreme
           Court
           of
           Parliament
           .
        
         
           2.
           
           As
           to
           the
           Method
           of
           Proceeding
           in
           the
           Ecclesiastical
           Courts
           ,
           it
           is
           
           no
           other
           than
           hath
           been
           continued
           here
           without
           Interruption
           ,
           till
           of
           late
           years
           ,
           ever
           since
           the
           Conquest
           .
           For
           the
           Consistory-Court
           ,
           and
           the
           Rules
           of
           Proceeding
           there
           ,
           were
           established
           by
           a
           Law
           in
           the
           time
           of
           William
           the
           First
           .
           As
           far
           as
           I
           can
           find
           by
           King
           
           Edward's
           Laws
           ,
           c.
           4.
           the
           Bishops
           did
           then
           proceed
           by
           the
           Ecclesiastical
           Laws
           ,
           although
           they
           then
           sat
           in
           the
           County-Court
           ;
           but
           this
           caused
           so
           much
           Confusion
           ,
           that
           William
           ,
           by
           a
           general
           Consent
           ,
           and
           a
           Charter
           directed
           to
           all
           the
           People
           of
           England
           ,
           
           doth
           separate
           the
           Ecclesiastical
           from
           the
           Temporal
           Courts
           ;
           which
           was
           enrolled
           as
           good
           Law
           ,
           2
           R.
           2.
           upon
           occasion
           of
           a
           Suit
           of
           the
           Dean
           and
           Chapter
           of
           Lincoln
           ;
           and
           therefore
           the
           Charter
           of
           Remigius
           ,
           Bishop
           of
           Lincoln
           ,
           is
           more
           mentioned
           than
           others
           ,
           but
           the
           same
           was
           to
           all
           the
           Bishops
           and
           Counties
           of
           England
           ,
           
           as
           appears
           by
           other
           Copies
           of
           it
           .
           Thus
           the
           
           Consistory-Court
           was
           first
           established
           ,
           as
           a
           distinct
           Court
           from
           the
           County-Court
           ,
           which
           it
           was
           not
           in
           the
           
             Saxon
             times
          
           ,
           for
           then
           the
           Bishop
           sate
           with
           the
           Civil
           Magistrate
           in
           the
           same
           Court
           ;
           
           and
           Ecclesiastical
           Causes
           were
           first
           heard
           and
           decided
           there
           .
           It
           seems
           the
           People
           wer
           very
           unwilling
           to
           go
           to
           a
           new
           Place
           ;
           and
           therefore
           the
           Law
           is
           inforced
           with
           severe
           Penalties
           for
           Contempt
           .
           And
           those
           who
           object
           against
           the
           Reasonableness
           of
           the
           Method
           of
           Proceeding
           in
           those
           Courts
           ,
           must
           reflect
           upon
           some
           of
           the
           wisest
           Nations
           in
           the
           World
           ,
           who
           have
           gone
           upon
           the
           same
           Grounds
           ,
           in
           all
           that
           have
           received
           the
           Civil
           Law
           ,
           and
           upon
           some
           of
           the
           greatest
           Courts
           at
           this
           time
           in
           the
           Kingdom
           ,
           as
           the
           Chancery
           and
           Admiralty
           ,
           which
           go
           by
           the
           same
           Fundamental
           Rules
           .
           As
           to
           any
           Objections
           which
           arise
           from
           the
           personal
           Faults
           of
           those
           who
           are
           imployed
           in
           
           them
           ,
           that
           reaches
           ,
           I
           am
           afraid
           ,
           to
           all
           Courts
           ;
           and
           it
           ought
           to
           be
           the
           Work
           and
           Business
           of
           those
           who
           look
           after
           them
           ,
           to
           do
           what
           in
           them
           lies
           ,
           to
           reform
           them
           ,
           that
           others
           Faults
           may
           not
           be
           laid
           at
           their
           Doors
           .
        
         
           3.
           
           But
           for
           those
           who
           would
           have
           a
           Parochial
           or
           
             Congregational
             Discipline
          
           set
           up
           ,
           as
           much
           better
           ,
           and
           more
           effectual
           ,
           I
           shall
           desire
           them
           to
           consider
           ,
           that
           since
           Matters
           of
           Discipline
           are
           such
           ,
           as
           that
           in
           them
           the
           Reputation
           and
           Interest
           of
           Persons
           is
           very
           much
           concerned
           ,
           they
           ought
           not
           to
           be
           left
           to
           Arbitrary
           Proceedings
           of
           any
           Persons
           ,
           but
           they
           ought
           to
           be
           managed
           by
           the
           certain
           and
           common
           Rules
           of
           Justice
           ;
           since
           every
           Man
           hath
           a
           Right
           to
           defend
           himself
           ,
           when
           he
           is
           accused
           .
           And
           unless
           there
           be
           known
           and
           established
           Methods
           of
           Proceeding
           agreeable
           to
           natural
           Justice
           ,
           and
           the
           Laws
           of
           the
           Land
           ,
           
           nothing
           would
           be
           more
           grievous
           and
           intolerable
           than
           the
           common
           Exercise
           of
           a
           Parochial
           Discipline
           .
           For
           ,
        
         
           1.
           
           It
           cannot
           be
           presumed
           ,
           that
           there
           will
           be
           competent
           Judges
           .
           For
           every
           one
           who
           hath
           a
           Faculty
           of
           Preaching
           ,
           hath
           not
           a
           Faculty
           of
           Judging
           in
           such
           Cases
           .
           And
           where
           Discretion
           and
           a
           Judgment
           of
           Circumstances
           is
           wanting
           ,
           an
           honest
           Mind
           will
           not
           secure
           Men
           from
           doing
           Injury
           ,
           and
           exposing
           their
           Judicature
           to
           Contempt
           .
        
         
           2.
           
           They
           have
           no
           fixed
           and
           established
           Rules
           of
           proceeding
           ,
           as
           there
           are
           in
           the
           Ecclesiastical
           Courts
           ,
           which
           have
           been
           continued
           down
           from
           time
           to
           time
           ,
           and
           allowed
           by
           the
           Laws
           of
           the
           Land.
           And
           what
           miserable
           Disorder
           must
           follow
           an
           Arbitrary
           Method
           ,
           when
           Humour
           ,
           and
           Will
           ,
           and
           Passion
           may
           over-rule
           Justice
           ,
           and
           Equity
           ,
           and
           Conscience
           ?
        
         
         
           3.
           
           They
           are
           not
           under
           the
           Check
           of
           the
           Law
           ,
           as
           the
           Ecclesiastical
           Courts
           are
           .
           For
           ,
           if
           they
           exceed
           their
           Bounds
           ,
           either
           as
           to
           the
           Nature
           of
           the
           Cause
           ,
           or
           the
           Manner
           of
           proceeding
           ,
           they
           are
           liable
           to
           Prohibitions
           from
           the
           King's
           Courts
           of
           Justice
           ;
           but
           the
           Law
           can
           take
           no
           notice
           of
           Parochial
           or
           Congregational
           Judicatures
           ,
           and
           so
           Men
           may
           suffer
           without
           Remedy
           .
        
         
           4.
           
           They
           have
           no
           way
           to
           judge
           of
           Legal
           Evidence
           ,
           which
           is
           very
           material
           when
           a
           person
           is
           accused
           .
           It
           is
           one
           of
           the
           nicest
           Points
           in
           all
           criminal
           Proceedings
           to
           determine
           what
           is
           good
           and
           sufficient
           Evidence
           .
           For
           several
           things
           are
           to
           be
           weighed
           ,
           before
           either
           Witnesses
           or
           Testimonies
           can
           be
           allowed
           .
           As
           to
           Witnesses
           ,
           it
           is
           required
           that
           they
           be
           persons
           of
           Reputation
           ,
           and
           free
           from
           Infamy
           of
           Law
           and
           Fact
           ;
           that
           they
           be
           disinterested
           ,
           and
           so
           not
           liable
           to
           the
           just
           
           Suspicion
           of
           Partiality
           ;
           that
           they
           be
           Men
           of
           
             Discretion
             and
             sane
             Memory
          
           ;
           and
           all
           reasonable
           Exceptions
           are
           to
           be
           allowed
           against
           them
           .
           As
           to
           Testimonies
           ;
           they
           must
           be
           by
           our
           Law
           upon
           Oath
           ;
           and
           what
           Authority
           have
           such
           Persons
           to
           give
           an
           Oath
           ,
           and
           why
           shall
           a
           Man
           be
           liable
           to
           suffer
           by
           a
           Testimony
           ,
           without
           one
           ,
           when
           the
           Law
           requires
           it
           ?
           They
           must
           be
           deliberate
           ,
           and
           not
           given
           in
           Passion
           ,
           consistent
           as
           to
           Time
           ,
           Place
           ,
           and
           other
           Circumstances
           :
           They
           must
           be
           certain
           and
           positive
           ,
           and
           not
           upon
           Hear-say
           ,
           or
           the
           Believing
           of
           other
           persons
           :
           They
           must
           be
           free
           from
           any
           just
           Suspicion
           of
           Contrivance
           and
           Conspiracy
           ,
           or
           any
           sort
           of
           Corruption
           or
           Partiality
           .
           And
           now
           is
           every
           parochial
           Minister
           ,
           or
           select
           Congregation
           fit
           to
           judge
           of
           these
           Matters
           ,
           whereon
           the
           Reputation
           ,
           and
           consequently
           the
           Interest
           of
           every
           person
           may
           be
           so
           deeply
           concerned
           ?
        
         
         
           5.
           
           They
           have
           no
           way
           to
           prevent
           a
           percipitate
           and
           hasty
           Sentence
           .
           Suppose
           a
           Man
           be
           accused
           by
           one
           of
           Interest
           and
           Passion
           ,
           who
           possesses
           others
           with
           the
           same
           Opinion
           before-hand
           ,
           and
           the
           Judges
           are
           all
           prejudiced
           before
           the
           Matter
           comes
           to
           be
           heard
           ;
           and
           in
           popular
           Assemblies
           some
           few
           men
           sway
           the
           rest
           ,
           what
           a
           Case
           is
           a
           person
           accused
           unjustly
           in
           ?
           He
           hath
           no
           Liberty
           for
           others
           that
           are
           not
           of
           the
           Congregation
           ,
           altho'
           more
           disinterested
           ,
           either
           to
           come
           in
           to
           judge
           ,
           or
           to
           plead
           for
           him
           :
           He
           can
           have
           no
           Advocate
           to
           defend
           him
           ,
           or
           to
           shew
           the
           Weakness
           ,
           or
           Inconsistency
           of
           the
           Evidence
           against
           him
           .
           In
           all
           Ecclesiastical
           Courts
           ,
           they
           may
           sometimes
           proceed
           summarily
           ,
           but
           even
           then
           the
           Fundamental
           Rules
           of
           the
           Court
           must
           be
           observed
           ,
           as
           to
           Proofs
           and
           Witnesses
           ,
           or
           else
           the
           Sentence
           is
           void
           ;
           but
           here
           the
           Sentence
           will
           take
           place
           ,
           altho'
           
           there
           hath
           not
           been
           the
           least
           Colour
           of
           Justice
           in
           the
           whole
           Proceedings
           .
        
         
           6.
           
           Here
           is
           no
           settled
           Course
           of
           Appeals
           in
           Case
           of
           a
           wrong
           Sentence
           .
           But
           where
           Men
           are
           liable
           to
           Mistake
           and
           Passion
           ,
           a
           Right
           of
           Appeal
           is
           one
           of
           the
           Fundamental
           parts
           of
           Justice
           .
           And
           therefore
           Independent
           and
           Arbitrary
           Courts
           of
           Judicature
           ,
           as
           all
           Congregational
           Churches
           are
           ,
           are
           inconsistent
           with
           the
           common
           Rights
           of
           Mankind
           ,
           and
           that
           due
           Subordination
           which
           ought
           to
           be
           in
           all
           Societies
           in
           order
           to
           the
           preserving
           Order
           and
           Justice
           among
           Men.
           But
           suppose
           ,
           parochial
           Discipline
           so
           settled
           among
           us
           ,
           as
           to
           allow
           a
           Liberty
           of
           Appeal
           ,
           how
           would
           the
           Trouble
           ,
           and
           Vexation
           ,
           and
           Expence
           be
           increased
           ,
           by
           going
           from
           the
           parochial
           Sentence
           to
           the
           Bishop's
           Court
           ,
           and
           from
           thence
           still
           further
           ?
           So
           that
           if
           there
           be
           some
           Inconveniencies
           
           in
           point
           of
           Distance
           ,
           for
           persons
           to
           be
           summoned
           to
           appear
           at
           first
           so
           far
           from
           Home
           ,
           yet
           there
           is
           some
           Compensation
           by
           the
           less
           Trouble
           and
           Charges
           ,
           if
           due
           Care
           be
           taken
           to
           prevent
           Delays
           ,
           and
           unnecessary
           Expences
           ;
           which
           ought
           to
           be
           done
           :
           And
           those
           who
           do
           make
           the
           greatest
           Clamour
           against
           our
           Courts
           ,
           are
           rather
           willing
           they
           should
           continue
           such
           as
           they
           may
           have
           Cause
           to
           complain
           of
           ,
           than
           to
           do
           their
           Endeavours
           to
           reform
           them
           .
        
         
           Thus
           I
           have
           endeavoured
           to
           shew
           the
           just
           Bounds
           and
           Limits
           of
           parochial
           Cures
           .
        
         
           II.
           I
           now
           come
           to
           consider
           the
           just
           Measure
           of
           that
           Diligence
           which
           is
           required
           under
           those
           Limits
           .
           For
           our
           Church
           requires
           
             Faithful
             Diligence
          
           in
           Preaching
           ,
           and
           Sacraments
           ,
           and
           Prayers
           ,
           and
           Reading
           the
           Holy
           Scriptures
           .
           If
           then
           we
           can
           understand
           
           what
           this
           
             Faithful
             Diligence
          
           implies
           ,
           we
           may
           come
           to
           satisfie
           our selves
           whether
           we
           do
           our
           Duty
           or
           not
           .
        
         
           1.
           
           
             Faithful
             Diligence
          
           implies
           serious
           Application
           of
           our
           Minds
           to
           the
           main
           End
           and
           Design
           of
           our
           Holy
           Function
           :
           Which
           is
           to
           do
           good
           to
           the
           Souls
           of
           Men
           ,
           especially
           to
           those
           committed
           to
           your
           Charge
           .
           And
           an
           idle
           ,
           careless
           ,
           santering
           Life
           ;
           or
           one
           too
           busie
           and
           distracted
           with
           the
           Cares
           of
           the
           World
           ,
           are
           not
           consistent
           with
           it
           .
           I
           do
           not
           go
           about
           to
           take
           you
           off
           from
           necessary
           Business
           ,
           and
           reasonable
           Allowances
           ,
           as
           to
           Health
           and
           Studies
           ;
           but
           that
           the
           doing
           good
           to
           your
           peoples
           Souls
           ,
           ought
           to
           be
           the
           principal
           and
           chief
           Design
           of
           your
           Thoughts
           ,
           Studies
           and
           Endeavours
           .
           And
           if
           the
           people
           be
           satisfied
           that
           this
           is
           really
           your
           Design
           among
           them
           ,
           you
           will
           find
           ,
           that
           your
           Doctrine
           will
           be
           
           easier
           received
           ,
           your
           Persons
           esteemed
           ,
           and
           your
           Labours
           valued
           .
           It
           is
           possible
           ,
           you
           may
           meet
           with
           a
           froward
           ,
           peevish
           ,
           self-willed
           people
           ;
           and
           it
           is
           hard
           when
           a
           Man
           is
           only
           set
           to
           water
           and
           mend
           a
           Hedge
           made
           up
           of
           Briars
           and
           Thorns
           ;
           the
           more
           pains
           he
           takes
           ,
           the
           more
           Scratches
           he
           may
           meet
           with
           ;
           but
           if
           it
           be
           your
           Lot
           ,
           be
           not
           discouraged
           from
           doing
           your
           Duty
           :
           Remember
           what
           sort
           of
           people
           the
           Prophets
           were
           sent
           to
           ,
           and
           what
           Usage
           they
           had
           from
           them
           ;
           what
           Hardships
           and
           Reproaches
           Christ
           and
           his
           Apostles
           underwent
           from
           a
           very
           unkind
           World
           ;
           but
           a
           patient
           Continuance
           in
           well-doing
           ,
           gave
           them
           inward
           Satisfaction
           in
           the
           midst
           of
           all
           ,
           and
           did
           by
           degrees
           gain
           the
           Christian
           Doctrine
           Access
           to
           the
           Hearts
           of
           those
           who
           most
           opposed
           it
           .
        
         
           2.
           
           It
           implies
           an
           honest
           and
           conscientious
           Care
           of
           discharging
           the
           
           known
           and
           common
           Duties
           of
           your
           Function
           ,
           as
           Preaching
           ,
           Praying
           ,
           Catechizing
           ,
           Administring
           Sacraments
           ,
           Visiting
           the
           Sick
           ,
           &c.
           
           A
           diligent
           Person
           is
           one
           who
           neglects
           no
           good
           Opportunities
           of
           doing
           his
           Business
           ,
           but
           watches
           for
           them
           ,
           and
           studies
           to
           improve
           them
           to
           the
           best
           Advantage
           .
           Can
           those
           satisfie
           themselves
           that
           they
           use
           
             Faithful
             Diligence
          
           ,
           who
           shamefully
           neglect
           their
           Cures
           ,
           and
           care
           not
           how
           seldom
           they
           come
           at
           them
           ,
           nor
           how
           they
           are
           supplied
           ,
           if
           they
           make
           a
           good
           Bargain
           for
           their
           own
           Advantage
           ?
           I
           cannot
           deny
           ,
           but
           that
           according
           to
           the
           Laws
           of
           the
           Land
           ,
           and
           the
           Canons
           of
           this
           Church
           ,
           some
           Persons
           are
           allowed
           to
           have
           two
           several
           Cures
           ,
           which
           must
           imply
           a
           Non-residence
           for
           some
           time
           at
           least
           ,
           upon
           one
           of
           them
           .
           But
           they
           still
           suppose
           ,
           that
           there
           are
           persons
           Resident
           upon
           them
           ,
           who
           are
           allowed
           by
           the
           Bishop
           to
           be
           sufficient
           
           to
           discharge
           the
           necessary
           Duties
           of
           the
           place
           ,
           and
           not
           to
           be
           taken
           up
           like
           Post-horses
           ,
           the
           next
           that
           comes
           ,
           and
           to
           be
           turned
           off
           at
           the
           next
           Stage
           .
           I
           think
           it
           a
           very
           great
           Fault
           in
           those
           who
           have
           Pluralities
           ,
           that
           they
           look
           no
           more
           after
           the
           Curates
           they
           imploy
           ,
           and
           that
           they
           do
           not
           bring
           them
           to
           the
           Bishop
           to
           be
           approved
           ,
           and
           to
           have
           their
           Allowance
           fixed
           ,
           before
           they
           imploy
           them
           .
           They
           think
           no
           more
           is
           required
           but
           to
           pay
           the
           Fees
           for
           a
           Licence
           ;
           but
           I
           have
           ,
           and
           shall
           endeavour
           to
           convince
           the
           Clergy
           of
           this
           Diocess
           ,
           that
           Licences
           are
           not
           to
           be
           taken
           as
           St.
           Peter
           took
           
             the
             Fish
             that
             first
             came
             with
             Money
             in
             the
             Mouth
             of
             it
          
           ;
           I
           hope
           to
           be
           able
           to
           satisfie
           them
           ,
           that
           it
           is
           not
           the
           Fees
           that
           we
           aim
           at
           ,
           but
           at
           Persons
           doing
           their
           Duties
           .
           And
           our
           Canons
           are
           express
           ,
           
           That
           no
           Curate
           is
           to
           be
           allowed
           in
           any
           Cure
           of
           Souls
           ,
           that
           hath
           not
           been
           examined
           
           and
           admitted
           by
           the
           Bishop
           or
           Ordinary
           having
           Episcopal
           Jurisdiction
           ,
           and
           attested
           by
           the
           Hand
           and
           Seal
           of
           the
           Bishop
           .
           How
           then
           come
           Curates
           to
           officiate
           without
           ever
           coming
           to
           the
           Bishop
           at
           all
           ,
           or
           undergoing
           any
           Examination
           by
           him
           ?
           This
           is
           a
           plain
           Breach
           of
           the
           Canon
           ,
           and
           ought
           to
           be
           reformed
           .
           I
           do
           not
           say
           ,
           that
           such
           Licences
           as
           have
           customarily
           passed
           without
           the
           
             Bishop's
             Hand
             and
             Seal
          
           ,
           are
           void
           ;
           but
           I
           do
           say
           ,
           That
           they
           are
           irregular
           and
           voidable
           ,
           and
           none
           ought
           to
           be
           allowed
           ,
           which
           are
           not
           according
           to
           the
           Canon
           ;
           and
           that
           no
           Incumbent
           ought
           to
           take
           any
           one
           for
           his
           Curate
           till
           the
           Bishop
           hath
           allowed
           and
           approved
           him
           under
           his
           Hand
           and
           Seal
           .
           And
           this
           Remedy
           the
           Law
           gives
           us
           against
           the
           Inconveniencies
           which
           attend
           Pluralities
           by
           weak
           and
           insufficient
           Curates
           ;
           But
           
           no
           Man
           is
           excused
           either
           by
           Law
           or
           Canons
           from
           attending
           the
           Duties
           of
           his
           Place
           at
           some
           times
           in
           his
           own
           Person
           ,
           
           and
           that
           
             good
             Part
             of
             the
             Year
          
           ;
           in
           which
           time
           he
           ought
           to
           do
           the
           Duties
           of
           his
           Place
           with
           Diligence
           and
           Care
           ;
           and
           to
           acquaint
           himself
           with
           his
           Parishioners
           ,
           in
           order
           to
           the
           better
           Discharge
           of
           his
           Duty
           towards
           them
           .
           They
           have
           very
           mean
           Thoughts
           of
           their
           holy
           Function
           ,
           that
           think
           the
           main
           Part
           of
           it
           lies
           only
           in
           the
           Pulpit
           (
           I
           wish
           even
           that
           were
           minded
           more
           )
           but
           all
           the
           Ways
           you
           can
           do
           good
           among
           your
           People
           ,
           is
           within
           the
           Compass
           of
           your
           Duty
           ;
           not
           meerly
           to
           instruct
           them
           in
           Religion
           ,
           but
           to
           prevent
           Quarrels
           ,
           and
           Contentions
           ,
           and
           Meetings
           for
           Debauchery
           ,
           which
           tend
           to
           corrupt
           Mens
           Minds
           ,
           and
           draw
           them
           off
           from
           the
           Principles
           as
           well
           as
           Practice
           of
           true
           Religion
           :
           It
           
           is
           your
           Duty
           to
           endeavour
           to
           make
           them
           live
           like
           good
           Christians
           and
           good
           Neighbours
           ,
           and
           to
           set
           Patterns
           your selves
           of
           Sobriety
           ,
           Meekness
           ,
           Charity
           ,
           and
           of
           every
           thing
           Praise-worthy
           .
        
         
           3.
           
           Faithful
           Diligence
           
             implies
             filling
             up
             your
             vacant
             Hours
             with
             the
             most
             useful
             Studies
             ,
             as
             to
             the
             main
             End
             of
             your
             Function
             .
             For
             in
             your
             Ordination
             you
             solemnly
             promise
          
           to
           lay
           aside
           the
           Study
           of
           the
           World
           and
           the
           Flesh
           ,
           and
           to
           apply
           your selves
           to
           the
           Study
           of
           the
           Scriptures
           ,
           and
           such
           Studies
           as
           help
           to
           the
           Knowledge
           of
           the
           same
           .
        
         
           But
           it
           may
           be
           seasonably
           asked
           by
           some
           ,
           What
           Method
           and
           Course
           of
           Studies
           will
           best
           conduce
           to
           that
           End
           ?
        
         
           To
           this
           I
           shall
           endeavour
           to
           give
           a
           short
           Answer
           so
           far
           as
           it
           concerns
           the
           main
           End
           of
           your
           Function
           ,
           
           which
           it
           is
           most
           proper
           for
           me
           to
           consider
           at
           this
           time
           .
        
         
           1.
           
           Look
           well
           to
           the
           Temper
           of
           your
           Minds
           ,
           that
           it
           be
           humble
           ,
           sober
           ,
           and
           religious
           .
           For
           a
           vain
           ,
           affected
           and
           self-opinionated
           Person
           can
           never
           have
           an
           inward
           and
           hearty
           Relish
           of
           Divine
           Truths
           .
           The
           Scriptures
           will
           appear
           to
           him
           either
           too
           plain
           and
           easie
           ,
           or
           too
           obscure
           and
           intricate
           ;
           some
           things
           will
           seem
           low
           and
           flat
           ,
           and
           others
           too
           lofty
           and
           Poetical
           .
           Those
           who
           read
           not
           with
           a
           good
           Mind
           ,
           will
           have
           always
           something
           or
           other
           to
           cavil
           at
           .
           It
           is
           a
           mighty
           Advantage
           in
           all
           Spiritual
           Knowledge
           to
           come
           to
           it
           with
           an
           unbiassed
           Mind
           ,
           free
           from
           the
           Power
           of
           Prejudice
           and
           evil
           Inclinations
           .
           For
           these
           give
           a
           strange
           Tincture
           to
           the
           Mind
           ,
           and
           hinder
           the
           clear
           and
           distinct
           Perception
           of
           Revealed
           Truths
           ,
           as
           above
           the
           Natural
           Faculties
           
           which
           God
           hath
           given
           us
           .
           Some
           are
           therefore
           so
           fond
           of
           Philosophical
           Speculations
           ,
           that
           unless
           the
           Letter
           of
           the
           Scripture
           suits
           with
           them
           ,
           they
           are
           ready
           to
           despise
           it
           ,
           and
           only
           Shame
           and
           Fear
           keep
           up
           any
           Reverence
           for
           it
           in
           them
           .
           Some
           are
           altogether
           for
           Mathematical
           Evidence
           and
           Demonstration
           ,
           as
           though
           the
           Way
           to
           Salvation
           were
           to
           be
           shewed
           by
           Lines
           and
           Figures
           ;
           Why
           do
           they
           not
           first
           run
           down
           all
           Laws
           and
           History
           ,
           because
           they
           are
           not
           capable
           of
           Mathematical
           Evidence
           .
           And
           it
           argues
           a
           far
           greater
           Measure
           of
           true
           Understanding
           to
           know
           when
           to
           be
           satisfied
           ,
           than
           to
           be
           always
           disputing
           and
           cavilling
           .
           The
           plainness
           of
           Scripture
           in
           some
           places
           ,
           is
           no
           more
           an
           Offence
           to
           one
           that
           wisely
           considers
           the
           Design
           of
           it
           ,
           than
           a
           beaten
           Road
           is
           to
           a
           Traveller
           who
           desires
           to
           know
           which
           is
           the
           true
           
           Way
           to
           his
           Journeys
           End
           ,
           and
           the
           plainer
           it
           is
           ,
           the
           more
           he
           is
           satisfied
           with
           it
           .
           But
           the
           Scripture
           wants
           not
           its
           Depths
           ,
           which
           require
           a
           very
           Attentive
           and
           Considering
           Mind
           ,
           and
           will
           afford
           Matter
           for
           Exercise
           of
           Thoughts
           ,
           and
           frequent
           and
           serious
           Meditation
           .
           The
           Excellency
           of
           the
           Scripture
           is
           ,
           That
           all
           necessary
           things
           are
           plain
           ;
           and
           such
           as
           are
           not
           so
           ,
           although
           they
           are
           not
           necessary
           to
           be
           known
           for
           Salvation
           ,
           yet
           require
           our
           Diligence
           to
           understand
           them
           ;
           and
           give
           great
           Satisfaction
           as
           far
           as
           we
           can
           know
           them
           .
        
         
           2.
           
           Not
           to
           perplex
           your
           Minds
           with
           Difficulties
           above
           your
           Reach
           ,
           as
           in
           what
           relates
           to
           the
           Eternal
           Decrees
           ,
           and
           the
           particular
           Manner
           of
           that
           Unity
           of
           the
           Godhead
           which
           is
           consistent
           with
           the
           Trinity
           of
           Persons
           .
           For
           since
           the
           
           Scripture
           doth
           assert
           both
           ,
           we
           may
           safely
           be
           contented
           with
           what
           the
           Scripture
           reveals
           ,
           although
           the
           Manner
           of
           it
           be
           incomprehensible
           .
           And
           as
           to
           the
           other
           the
           Scripture
           is
           clear
           and
           positive
           ,
           as
           to
           the
           Moral
           Parts
           of
           our
           Duties
           ;
           and
           if
           we
           are
           to
           seek
           how
           to
           reconcile
           them
           with
           Gods
           Decrees
           ,
           we
           have
           this
           certain
           Rule
           to
           go
           by
           ,
           That
           without
           doing
           our
           Duty
           ,
           we
           cannot
           be
           happy
           ;
           but
           we
           may
           without
           understanding
           how
           the
           Freedom
           of
           our
           Wills
           is
           consistent
           with
           the
           Divine
           Prescience
           and
           Decrees
           .
        
         
           3.
           
           Not
           to
           fix
           plain
           and
           necessary
           Duties
           upon
           new
           and
           unaccountable
           Theories
           .
           As
           for
           instance
           ;
           There
           are
           no
           Duties
           of
           greater
           Consequence
           ,
           than
           the
           Love
           of
           God
           and
           our
           Neighbour
           :
           But
           it
           would
           be
           unspeakable
           Mischief
           to
           Religion
           to
           fix
           the
           Love
           of
           
           God
           upon
           so
           absurd
           a
           Principle
           as
           his
           being
           the
           immediate
           Cause
           of
           all
           Sensation
           in
           us
           .
           And
           it
           would
           have
           made
           the
           Christian
           Doctrine
           ridiculous
           to
           found
           its
           Fundamental
           Precepts
           on
           extravagant
           Notions
           ,
           and
           Mystical
           Contemplations
           .
           And
           so
           for
           the
           Love
           of
           our
           Neighbours
           to
           allow
           only
           a
           Love
           of
           Benevolence
           and
           Charity
           ,
           and
           not
           of
           Delight
           and
           Complacency
           ,
           is
           to
           make
           Nice
           Distinctions
           ,
           where
           God
           hath
           made
           none
           .
           But
           to
           take
           away
           the
           Love
           of
           Complacency
           in
           Friends
           and
           Relations
           ,
           and
           the
           Blessings
           which
           God
           gives
           for
           the
           Comfort
           of
           Life
           ,
           is
           to
           overthrow
           the
           due
           Sense
           of
           God's
           Goodness
           in
           giving
           them
           ;
           and
           to
           take
           away
           a
           great
           Measure
           of
           that
           Gratitude
           we
           owe
           to
           God
           for
           them
           .
           But
           when
           any
           seem
           very
           fond
           of
           such
           Notions
           ,
           and
           shew
           so
           
           much
           Self-Complacency
           in
           them
           ;
           it
           is
           impossible
           upon
           such
           Principles
           that
           they
           should
           love
           their
           Neighbours
           as
           themselves
           .
        
         
           4.
           
           If
           you
           would
           understand
           the
           New
           Testament
           aright
           ,
           fix
           in
           your
           Minds
           a
           true
           Scheme
           of
           the
           State
           of
           the
           Controversies
           of
           that
           .
           Time
           ,
           which
           will
           give
           you
           more
           light
           into
           the
           true
           knowledge
           of
           the
           Scriptures
           ,
           than
           large
           Volumes
           of
           Commentators
           ,
           or
           the
           best
           Systems
           of
           Modern
           Controversies
           .
           As
           what
           the
           Iewish
           Notions
           of
           Justification
           by
           Works
           ,
           and
           Expiation
           of
           Sin
           ,
           were
           ;
           and
           of
           God's
           Decrees
           of
           Election
           and
           Reprobation
           as
           to
           themselves
           :
           And
           what
           the
           Principles
           of
           the
           Judaizing
           Christians
           were
           ,
           as
           to
           the
           joyning
           the
           Law
           and
           the
           Gospel
           ,
           and
           the
           Pythagorean
           Superstition
           together
           .
           And
           what
           the
           Gnosticks
           ,
           who
           were
           professed
           
           Libertines
           ,
           held
           ,
           as
           to
           Grace
           ,
           Redemption
           ,
           Liberty
           ,
           Government
           ,
           &c.
           
           All
           which
           tend
           very
           much
           to
           the
           clearing
           the
           Sense
           of
           the
           New
           Testament
           .
        
         
           5.
           
           Where
           the
           Sense
           appears
           doubtful
           ,
           and
           Disputes
           have
           been
           raised
           about
           it
           ,
           enquire
           into
           the
           Sense
           of
           the
           Christian
           Church
           in
           the
           first
           Ages
           ,
           as
           the
           best
           Interpreter
           of
           Scripture
           ;
           as
           whether
           the
           Apostles
           left
           Bishops
           or
           Presbyters
           to
           succeed
           them
           in
           the
           Government
           of
           Churches
           ;
           Whether
           the
           Apostles
           appointed
           the
           Lords
           Day
           to
           be
           observed
           as
           the
           Day
           of
           Publick
           Worship
           ;
           Whether
           Baptism
           were
           not
           to
           be
           Administred
           to
           Infants
           as
           well
           as
           Circumcision
           ,
           both
           being
           Seals
           of
           God's
           Covenant
           ;
           Whether
           Divine
           Worship
           doth
           not
           belong
           to
           Christ
           ,
           and
           were
           ●o●
           given
           to
           him
           in
           
           the
           Hymns
           and
           Doxologies
           of
           the
           Primitive
           Church
           ;
           and
           ,
           Whether
           Divine
           Worship
           can
           be
           given
           to
           any
           Creature
           ;
           Whether
           the
           Form
           of
           Baptism
           was
           not
           understood
           so
           ,
           as
           to
           imply
           a
           Trinity
           of
           Persons
           ;
           and
           ,
           Whether
           all
           true
           Christians
           were
           not
           Baptized
           into
           this
           Faith
           ;
           and
           consequently
           ,
           Whether
           denying
           the
           Trinity
           be
           not
           renouncing
           Christian
           Baptism
           .
           These
           and
           many
           other
           such
           Questions
           of
           great
           Importance
           ,
           receive
           great
           Light
           from
           the
           Writings
           of
           the
           first
           Ages
           .
        
         
           But
           some
           Rules
           may
           be
           very
           useful
           for
           right
           judging
           the
           Sense
           of
           those
           Times
           .
        
         
           1.
           
           To
           distinguish
           the
           Genuine
           and
           Supposititious
           Writings
           of
           that
           Time.
           This
           hath
           been
           examined
           with
           so
           much
           Care
           by
           Learned
           
           Men
           of
           this
           last
           Age
           ,
           that
           it
           is
           no
           hard
           matter
           to
           make
           a
           true
           Judgment
           about
           them
           .
        
         
           2.
           
           In
           those
           that
           are
           Genuine
           ,
           to
           distingush
           the
           Sense
           of
           the
           Church
           ,
           delivered
           by
           them
           ,
           from
           their
           own
           particular
           Opinions
           ;
           the
           Sense
           of
           the
           Church
           is
           best
           known
           by
           Publick
           Acts
           ,
           as
           by
           Creeds
           ,
           Sacraments
           ,
           Hymns
           ,
           Prayers
           and
           Censures
           of
           such
           as
           oppose
           or
           contradict
           them
           .
        
         
           3.
           
           To
           put
           a
           Difference
           between
           the
           Authority
           of
           private
           Persons
           ,
           and
           of
           the
           Bishops
           and
           Governours
           of
           the
           Church
           ,
           who
           may
           be
           presumed
           to
           understand
           the
           Sense
           of
           the
           Church
           ,
           and
           the
           Doctrine
           of
           the
           Apostles
           better
           than
           the
           other
           .
           And
           so
           
             Clemens
             ,
             Ignatius
             ,
             Polycarp
             ,
             Theophilus
             ,
          
           and
           Irenaeus
           are
           more
           to
           be
           trusted
           ,
           as
           to
           the
           Sense
           and
           Practice
           of
           the
           Christian
           Church
           ,
           
           than
           such
           as
           Hermes
           ,
           and
           Papias
           ,
           and
           Tatianus
           ,
           who
           had
           neither
           the
           Judgment
           nor
           the
           Authority
           of
           the
           other
           .
        
         
           4.
           
           That
           may
           be
           justly
           looked
           on
           as
           the
           Sense
           of
           the
           Church
           ,
           which
           is
           owned
           both
           by
           the
           Friends
           and
           the
           Enemies
           of
           it
           .
           The
           Enemies
           of
           Christianity
           charged
           them
           with
           many
           Things
           ,
           which
           the
           Apologists
           utterly
           denied
           .
           Now
           we
           find
           Pliny
           charging
           the
           Christians
           with
           singing
           Hymns
           to
           Christ
           ,
           as
           to
           God
           ;
           several
           Christian
           Writers
           of
           that
           time
           mention
           this
           ,
           but
           never
           go
           about
           to
           soften
           ,
           or
           to
           excuse
           ,
           or
           deny
           it
           .
           And
           so
           we
           find
           Lucian
           deriding
           the
           Christians
           for
           the
           Doctrine
           of
           Three
           and
           One
           ;
           which
           the
           Apologists
           of
           that
           time
           are
           so
           far
           from
           denying
           ,
           that
           they
           assert
           and
           vindicate
           it
           ,
           as
           appears
           by
           Athenagoras
           and
           others
           .
        
         
         
           But
           these
           things
           I
           only
           touch
           at
           ,
           to
           shew
           how
           the
           Sense
           of
           the
           Church
           is
           to
           be
           taken
           ,
           and
           how
           from
           thence
           the
           Sense
           of
           the
           Scriptures
           may
           be
           cleared
           .
        
      
       
         
         
           OF
           THE
           Particular
           Duties
           OF
           THE
           PAROCHIAL
           CLERGY
           ,
           AT
           A
           VISITATION
           ,
           
             October
             27
             th
             .
             1696.
             
          
        
         
           
             My
             Brethren
             ,
          
        
         
           AS
           often
           as
           it
           pleases
           God
           in
           his
           wise
           Providence
           to
           bring
           me
           among
           you
           in
           the
           ordinary
           Course
           of
           my
           Visitation
           ,
           I
           cannot
           satisfie
           my self
           that
           I
           do
           my
           own
           Duty
           ,
           unless
           I
           put
           you
           in
           mind
           of
           doing
           yours
           .
           We
           live
           in
           an
           Age
           ,
           wherein
           the
           Contempt
           of
           the
           Clergy
           
           is
           too
           notorious
           not
           to
           be
           observed
           ;
           but
           the
           true
           Reasons
           are
           not
           so
           well
           considered
           as
           they
           ought
           to
           be
           .
           Some
           ,
           to
           increase
           the
           Contempt
           of
           the
           Clergy
           ,
           have
           given
           such
           Reasons
           of
           it
           ,
           as
           seem
           to
           make
           it
           a
           light
           and
           jesting
           matter
           ;
           but
           truly
           it
           is
           very
           far
           from
           being
           so
           :
           For
           the
           Contempt
           of
           Religion
           is
           oft-times
           both
           the
           Cause
           and
           the
           Effect
           of
           it
           .
           It
           is
           not
           at
           all
           to
           be
           wondred
           at
           ,
           that
           those
           
             who
             hate
             to
             be
             reformed
          
           ,
           should
           hate
           those
           whose
           Duty
           and
           Business
           it
           ought
           to
           be
           to
           endeavour
           to
           reform
           them
           .
           But
           when
           Religion
           is
           struck
           at
           through
           our
           Sides
           ,
           we
           ought
           with
           Patience
           to
           bear
           the
           Wounds
           and
           Reproaches
           we
           receive
           in
           so
           good
           a
           Cause
           .
           
             Wo
             be
             to
             us
          
           ,
           if
           those
           who
           are
           Enemies
           to
           Religion
           ,
           
             speak
             well
             of
             us
          
           :
           For
           it
           is
           a
           strong
           Presumption
           that
           they
           take
           us
           to
           be
           of
           their
           side
           in
           our
           Hearts
           ,
           and
           that
           we
           are
           distinguished
           only
           by
           our
           Profession
           ,
           
           which
           they
           look
           on
           only
           as
           our
           Trade
           .
           And
           we
           give
           too
           much
           occasion
           for
           such
           Suspicions
           of
           us
           ,
           if
           we
           do
           not
           heartily
           concern
           our selves
           for
           the
           Honour
           and
           Interest
           of
           true
           Religion
           in
           the
           World
           ,
           whatever
           we
           may
           suffer
           ,
           as
           to
           our
           Reputation
           ,
           for
           the
           sake
           of
           it
           .
           It
           is
           possible
           ,
           that
           if
           we
           go
           about
           to
           humour
           such
           Persons
           in
           their
           Infidelity
           and
           Contempt
           of
           Religion
           ,
           we
           may
           escape
           some
           hard
           Words
           for
           the
           present
           ,
           but
           they
           cannot
           but
           have
           the
           greatest
           inward
           Contempt
           and
           Hatred
           of
           all
           those
           who
           live
           upon
           Religion
           ,
           and
           yet
           have
           not
           the
           Courage
           to
           defend
           it
           .
           And
           what
           Satisfaction
           can
           such
           have
           ,
           when
           they
           reflect
           upon
           themselves
           ,
           and
           think
           what
           Occasion
           they
           have
           given
           to
           confirm
           such
           Persons
           in
           their
           Infidelity
           ,
           and
           to
           make
           them
           think
           the
           worse
           of
           Religion
           for
           their
           sakes
           .
        
         
         
           The
           best
           thing
           we
           can
           do
           to
           recover
           the
           Honour
           of
           Religion
           ,
           and
           to
           set
           our
           Profession
           above
           Contempt
           ,
           is
           to
           apply
           our selves
           seriously
           and
           conscientiously
           to
           do
           our
           Duties
           .
           For
           if
           others
           find
           that
           we
           are
           in
           earnest
           ,
           and
           make
           it
           our
           great
           Business
           to
           do
           all
           the
           Good
           we
           can
           ,
           both
           in
           the
           Pulpit
           ,
           and
           out
           of
           it
           ;
           if
           we
           behave
           our selves
           with
           that
           Gravity
           ,
           Sobriety
           ,
           Meekness
           and
           Charity
           which
           becomes
           so
           holy
           a
           Profession
           ,
           we
           shall
           raise
           our selves
           above
           the
           common
           Reproaches
           of
           a
           spiteful
           World
           ;
           and
           do
           what
           lies
           in
           us
           to
           stop
           the
           Mouths
           at
           least
           ,
           if
           not
           to
           gain
           the
           Hearts
           of
           our
           Enemies
           .
        
         
           For
           the
           Real
           Esteem
           which
           Men
           have
           of
           others
           ,
           is
           not
           to
           be
           gained
           by
           the
           little
           Arts
           of
           Address
           and
           Insinuation
           ,
           much
           less
           by
           complying
           with
           them
           in
           their
           Follies
           ;
           but
           by
           a
           steady
           and
           resolute
           Practice
           of
           our
           own
           Duties
           ,
           joyned
           with
           a
           gentle
           ,
           
           and
           easie
           ,
           and
           obliging
           Behaviour
           to
           others
           ,
           so
           far
           as
           is
           consistent
           with
           them
           .
           But
           a
           proud
           ,
           supercilious
           ,
           morose
           Behaviour
           towards
           our
           greatest
           Enemies
           ,
           doth
           but
           make
           them
           much
           more
           so
           ;
           if
           any
           thing
           softens
           them
           ,
           and
           makes
           them
           more
           tractable
           ,
           it
           will
           be
           ,
           joyning
           a
           Firmness
           of
           Mind
           ,
           as
           to
           our
           plain
           Duties
           ,
           with
           Humility
           and
           Kindness
           in
           other
           Matters
           .
        
         
           But
           what
           are
           these
           Duties
           we
           are
           obliged
           to
           so
           much
           Care
           in
           the
           Performance
           of
           ?
        
         
           There
           is
           a
           Twofold
           Obligation
           lying
           upon
           us
           .
        
         
           I.
           That
           which
           is
           more
           General
           from
           the
           Nature
           and
           Design
           of
           our
           Imployment
           ;
           which
           is
           
             the
             Cure
             of
             Souls
          
           ;
           and
           that
           requires
           great
           Diligence
           and
           Faithfulness
           ,
           frequent
           Recollection
           and
           Consideration
           ,
           serious
           Application
           of
           our selves
           to
           Divine
           Studies
           and
           Imployments
           ;
           a
           prudent
           
           Use
           of
           the
           best
           Methods
           for
           the
           convincing
           ,
           Reproving
           ,
           Directing
           and
           Assisting
           those
           who
           are
           committed
           to
           our
           Care.
           And
           all
           these
           are
           implied
           in
           the
           Nature
           of
           our
           Office
           ,
           as
           it
           is
           set
           forth
           in
           holy
           Scripture
           ;
           wherein
           we
           are
           described
           as
           Laborers
           ,
           and
           therefore
           must
           take
           Pains
           ,
           and
           not
           spend
           our
           time
           in
           vain
           and
           idle
           Company
           :
           As
           Teachers
           ,
           and
           therefore
           ought
           to
           be
           stored
           with
           a
           good
           Stock
           of
           Knowledge
           our selves
           ,
           and
           be
           ready
           to
           communicate
           it
           to
           others
           :
           As
           Pastors
           ,
           and
           so
           we
           ought
           to
           look
           after
           our
           Flock
           ,
           and
           not
           leave
           them
           to
           the
           careless
           Management
           of
           others
           ,
           who
           are
           not
           so
           concerned
           for
           their
           Welfare
           ,
           as
           we
           ought
           to
           be
           :
           As
           
             Ambassadors
             from
             Christ
          
           ,
           and
           therefore
           we
           are
           bound
           to
           look
           after
           the
           Business
           we
           are
           sent
           upon
           and
           the
           great
           Weight
           and
           Importance
           of
           it
           ,
           as
           to
           your
           own
           Salvation
           as
           well
           as
           others
           :
           As
           
             Stewards
             
             of
             the
             Mysteries
             of
             God
             ,
          
           and
           the
           first
           thing
           required
           in
           them
           ,
           is
           to
           discharge
           their
           Trust
           honestly
           and
           faithfully
           ,
           remembring
           the
           Account
           they
           must
           give
           to
           God.
           
        
         
           But
           these
           ,
           you
           may
           say
           ,
           are
           only
           general
           Things
           ,
           and
           do
           not
           determine
           and
           limit
           our
           Duties
           within
           certain
           Bounds
           ;
           what
           is
           there
           which
           doth
           fix
           and
           determine
           our
           Duties
           ,
           as
           to
           the
           Station
           we
           have
           in
           this
           Church
           ?
        
         
           II.
           I
           come
           therefore
           to
           the
           
             Special
             Duties
          
           ,
           which
           by
           the
           Ancient
           Constitution
           of
           this
           Church
           ,
           and
           the
           Ecclesiastical
           Laws
           of
           it
           ,
           are
           incumbent
           upon
           you
           .
           And
           you
           are
           to
           consider
           ,
           that
           as
           the
           Law
           hath
           taken
           Care
           for
           your
           Maintenance
           and
           Subsistence
           in
           doing
           your
           Duties
           ;
           so
           it
           doth
           suppose
           your
           careful
           Performance
           of
           them
           ,
           not
           only
           in
           regard
           to
           the
           general
           Rule
           of
           Conscience
           ,
           but
           to
           that
           particular
           Obligation
           
           you
           are
           under
           ,
           as
           Members
           of
           this
           Church
           .
           And
           therefore
           I
           shall
           enquire
           into
           Two
           things
           :
        
         
           I.
           The
           Duties
           you
           are
           under
           this
           Obligation
           to
           .
        
         
           II.
           The
           Incouragement
           which
           the
           Law
           gives
           in
           Consideration
           of
           it
           .
        
         
           I.
           The
           Duties
           are
           of
           two
           sorts
           :
        
         
           1.
           
           Publick
           and
           Solemn
           .
           2.
           
           Private
           and
           Occasional
           .
        
         
           1.
           
           Publick
           and
           Solemn
           ;
           and
           those
           either
           respect
           the
           Time
           ,
           or
           the
           Duties
           themselves
           .
        
         
           1.
           
           As
           to
           the
           times
           of
           Solemn
           and
           Publick
           Worship
           ,
           which
           are
           the
           Weekly
           Lord's
           Days
           ,
           and
           the
           other
           Holy-days
           .
        
         
           1.
           
           I
           begin
           with
           the
           Observation
           of
           the
           Lord's
           Days
           ;
           which
           I
           shall
           now
           make
           appear
           to
           have
           been
           set
           apart
           for
           the
           solemn
           Worship
           and
           Service
           
           of
           God
           ,
           especially
           by
           the
           Clergy
           ,
           from
           the
           first
           Settlement
           of
           a
           Parochial
           Clergy
           in
           this
           Church
           .
        
         
           In
           a
           Provincial
           Council
           held
           at
           Cloveshoo
           or
           Cliff
           ,
           
           
             A.
             D.
          
           747.
           the
           King
           and
           Nobility
           being
           present
           (
           where
           the
           Archbishop
           and
           Bishops
           Assembled
           for
           Regulating
           the
           Worship
           of
           God
           in
           Parochial
           Churches
           then
           newly
           erected
           in
           many
           places
           )
           the
           Fourteenth
           Canon
           is
           express
           ,
           That
           the
           Lord's
           Day
           ought
           to
           be
           celebrated
           with
           due
           Veneration
           ,
           and
           devoted
           only
           to
           Divine
           Worship
           
             (
             Divino
             tantum
             cultui
             dedicatus
             )
             and
             the
             Presbyters
             are
             required
             to
             officiate
             in
             their
             several
             Churches
             ,
             both
             in
             Preaching
             and
             Praying
             ;
             and
             the
             People
             are
             required
             to
             let
             alone
             their
             common
             worldly
             Affairs
             ,
             and
             to
             attend
             the
             publick
             Worship
             of
             God.
             
          
        
         
           The
           Canons
           of
           Egbert
           ,
           Archbishop
           of
           York
           ,
           are
           as
           clear
           and
           full
           for
           the
           Northern
           Province
           ,
           as
           the
           other
           for
           
           the
           
             Southern
             ,
             Can.
             104.
             
             That
             nothing
             is
             to
             be
             done
             on
             the
             Lord's
             Day
             ,
             but
             what
             tends
             to
             the
             Worship
             and
             Service
             of
             God.
          
           And
           
             Can.
             36.
             
             That
             Christ
             sanctified
             the
             Lord's
             Day
             by
             his
             Resurrection
             .
          
           But
           because
           these
           Canons
           of
           Egbert
           will
           be
           often
           used
           ,
           something
           ought
           to
           be
           observed
           to
           clear
           their
           Authority
           .
           
           Sir
           
             H.
             Spelman
          
           saith
           ,
           there
           are
           several
           Ancient
           MSS.
           of
           them
           .
           Mr.
           Selden
           owns
           the
           
             Cotton
             MS.
          
           to
           be
           of
           the
           time
           of
           H.
           1.
           but
           he
           suspects
           that
           another
           made
           the
           Collection
           ,
           and
           put
           it
           under
           his
           Name
           .
           But
           it
           was
           no
           strange
           thing
           for
           the
           great
           Bishops
           to
           make
           such
           a
           Collection
           of
           Canons
           ;
           for
           so
           it
           was
           done
           by
           Theodore
           ,
           Archbishop
           of
           Canterbury
           ;
           by
           Theodulphus
           of
           
             Orleans
             ;
             Isaac
             Lingonensis
             ,
             Chrodegangus
             ,
             Herardus
             ,
             Hincmarus
             ,
          
           &c.
           
           And
           Egbert
           was
           not
           only
           a
           great
           Man
           ,
           Brother
           to
           the
           King
           of
           the
           Northumbrians
           ,
           but
           a
           great
           Promoter
           of
           Learning
           and
           
           Ecclesiastical
           Discipline
           ,
           
           as
           appears
           by
           his
           Dialogue
           about
           the
           latter
           ,
           and
           the
           other
           by
           
           Alcuin's
           Epistles
           about
           him
           ,
           and
           
           Bede's
           Epistle
           to
           him
           a
           little
           before
           his
           death
           .
           And
           the
           Agreement
           between
           the
           Capitulars
           and
           these
           Canons
           ,
           might
           come
           from
           
           Alcuin's
           carrying
           them
           over
           into
           France
           with
           him
           .
        
         
           In
           the
           
             Saxon
             Canons
          
           ,
           
           c.
           24.
           it
           is
           said
           ,
           that
           the
           Lord's
           Day
           on
           which
           our
           Saviour
           rose
           from
           the
           dead
           ,
           is
           to
           be
           devoted
           wholly
           to
           the
           Service
           of
           God
           ,
           excepting
           only
           Works
           of
           Necessity
           and
           Charity
           .
        
         
           These
           Canons
           are
           translated
           from
           those
           of
           Theodulphus
           ,
           Bishop
           of
           
             Orleans
             ,
             A.
             D.
          
           786.
           
           And
           it
           is
           observable
           ,
           that
           as
           the
           Christian
           Religion
           prevailed
           in
           these
           Northern
           Parts
           ,
           so
           the
           Religious
           Observation
           of
           the
           Lord's
           Day
           was
           enforced
           ,
           as
           appears
           by
           the
           Canons
           of
           the
           Gallican
           Church
           ,
           as
           well
           as
           this
           .
           As
           in
           the
           famous
           
           Canon
           of
           the
           Council
           of
           
             Mascon
             ,
             A.
             D.
             585.
          
           where
           the
           Bishops
           Assembled
           ,
           complain
           of
           the
           Neglect
           of
           the
           Lord's
           Day
           ,
           and
           agree
           to
           put
           the
           People
           upon
           a
           stricter
           Observance
           of
           it
           .
           And
           so
           before
           in
           the
           Council
           of
           
             Orleans
             ,
             A.
             D.
          
           538.
           
           But
           in
           both
           these
           Canons
           they
           avoid
           a
           Iewish
           Superstition
           as
           well
           as
           profane
           Neglect
           .
           They
           allowed
           both
           Works
           of
           Necessity
           and
           Conveniency
           ,
           and
           did
           not
           place
           the
           Observation
           in
           a
           bare
           Rest
           ,
           but
           in
           Attendance
           on
           the
           Worship
           of
           God
           ;
           and
           forbad
           all
           manner
           of
           Secular
           Imployments
           which
           were
           inconsistent
           with
           it
           .
           Nay
           ,
           Theodulphus
           his
           Canon
           goes
           higher
           ,
           
             Tantummodo
             Deo
             vacandum
          
           ,
           the
           whole
           Day
           ought
           to
           be
           spent
           in
           Religious
           and
           Charitable
           Imployments
           .
        
         
           The
           greatest
           Men
           in
           our
           
             Saxon
             Churches
          
           asserted
           the
           same
           .
           
           Bede
           saith
           ,
           
             That
             the
             Apostles
             appointed
             the
             Lord's
             Day
             to
             be
             observed
             with
             Religious
             Solemnity
             ,
             
             and
             therein
             we
             ought
             to
             devote
             our selves
             to
             the
             Worship
             of
             God
             ;
             tantum
             divinis
             cultibus
             seviamus
             .
          
           And
           to
           the
           same
           purpose
           speaks
           Alcuin
           ,
           
           who
           was
           bred
           up
           under
           Egbert
           ,
           Archbishop
           of
           York
           ,
           and
           calls
           Bede
           the
           greatest
           Master
           of
           his
           Time
           ;
           and
           in
           another
           place
           he
           saith
           ,
           
           One
           Seventh
           Day
           is
           set
           apart
           among
           Christians
           ,
           as
           another
           had
           been
           among
           the
           Iews
           for
           the
           Service
           of
           God
           ;
           and
           that
           therein
           we
           ought
           to
           attend
           to
           the
           Care
           of
           our
           Souls
           ,
           
           and
           to
           lead
           a
           spiritual
           Life
           .
        
         
           Bede
           distinguishes
           between
           the
           Patriarchal
           and
           
             Iewish
             Sabbath
          
           .
           The
           latter
           he
           calls
           
             a
             Carnal
          
           ,
           and
           the
           other
           a
           
             Spiritual
             Sabbath
          
           ;
           
           the
           former
           lay
           in
           a
           strict
           Abistnence
           from
           Labour
           ,
           but
           the
           other
           in
           Prayer
           ,
           and
           Devotion
           ,
           and
           Spiritual
           Contemplations
           .
           
           The
           Iewish
           Rest
           ,
           
           he
           saith
           ,
           was
           
             inutile
             ,
             〈◊〉
             ,
             &
             luxuriosum
             .
          
           For
           the
           〈…〉
           ●llowed
           Recreations
           and
           Sports
           
           
           on
           their
           Sabbaths
           ;
           
             vacant
             ab
             opere
             bono
          
           ,
           saith
           he
           ,
           
             non
             ab
             opere
             nugatorio
             .
             Vacant
             ad
             nugas
             ,
          
           
           saith
           S.
           Augustin
           ;
           but
           he
           saith
           ,
           they
           had
           better
           plow
           or
           dig
           ,
           than
           dance
           on
           that
           Day
           ,
           or
           sit
           in
           the
           Theater
           .
           
           And
           he
           tells
           us
           ,
           That
           the
           Heathens
           objected
           against
           the
           Iews
           ,
           That
           they
           spent
           one
           Day
           in
           the
           Week
           in
           Idleness
           .
           For
           they
           supposed
           the
           bare
           Rest
           to
           be
           the
           Sanctification
           of
           the
           Day
           which
           was
           commanded
           ;
           and
           the
           spending
           any
           part
           of
           it
           in
           the
           publick
           Worship
           ,
           to
           be
           voluntary
           Devotion
           .
           But
           the
           better
           sort
           of
           the
           Iews
           thought
           the
           Rest
           was
           appointed
           for
           the
           Knowledge
           of
           the
           Law
           ,
           and
           Spiritual
           Imployments
           .
           So
           Philo
           ,
           
           
             Iosephus
             ,
             Aben-Ezra
             ,
             Kimchi
          
           ,
           and
           
             Menasseh
             ben
             Israel
          
           .
           
           It
           seems
           most
           reasonable
           in
           this
           Case
           to
           distinguish
           between
           the
           
             Legal
             Rest
          
           strictly
           required
           by
           the
           Fourth
           Commandment
           ,
           
           
           and
           the
           
             Original
             Rest
          
           in
           Remembrance
           of
           God's
           resting
           from
           
           
           the
           Work
           of
           Creation
           .
           The
           former
           was
           a
           Sign
           between
           God
           and
           the
           People
           of
           Israel
           ,
           as
           it
           is
           often
           called
           in
           Scripture
           ;
           and
           the
           other
           was
           a
           Commemorative
           Sign
           ,
           but
           such
           as
           excited
           them
           to
           the
           Worship
           of
           the
           Creator
           ;
           and
           therefore
           the
           
             Patriarchal
             Sabbath
          
           ,
           as
           Bede
           observes
           ,
           was
           of
           a
           spiritual
           Nature
           .
           And
           such
           a
           spiritual
           Sabbath
           ,
           
           as
           S.
           Augustin
           calls
           it
           ,
           ought
           to
           be
           observed
           by
           Christians
           in
           the
           Duties
           of
           God's
           Worship
           ,
           
           as
           well
           as
           in
           spiritual
           and
           holy
           Thoughts
           .
           
           But
           the
           Iewish
           Sabbath
           ,
           he
           often-saith
           ,
           doth
           not
           oblige
           Christians
           .
           I
           the
           rather
           mention
           him
           ,
           because
           Bede
           followed
           his
           Doctrine
           herein
           ;
           and
           that
           of
           Gregory
           I.
           who
           was
           the
           great
           Instrument
           of
           promoting
           the
           Conversion
           of
           our
           Ancestors
           to
           Christianity
           .
           And
           he
           declares
           himself
           fully
           ,
           both
           as
           to
           the
           Cessation
           of
           the
           Iewish
           Sabbath
           ,
           and
           the
           religious
           Observation
           of
           the
           Lord's
           day
           .
           
           It
           seems
           there
           were
           some
           then
           ,
           as
           there
           are
           among
           us
           now
           ,
           who
           were
           for
           the
           strict
           Observation
           of
           the
           Saturday-Sabbath
           .
           
           But
           Gregory
           saith
           ,
           They
           might
           as
           well
           insist
           upon
           Circumcision
           and
           Sacrifices
           ,
           as
           the
           
             Iewish
             Sabbath
          
           .
           But
           yet
           he
           adds
           ,
           We
           ought
           on
           the
           Lord's
           day
           to
           abstain
           from
           worldly
           Imployments
           ,
           and
           devote
           our selves
           unto
           Prayers
           ,
           that
           we
           may
           make
           some
           Amends
           for
           the
           Weeks
           Negligence
           ,
           by
           the
           Devotions
           on
           that
           Day
           .
           And
           this
           devoting
           the
           Lord's
           day
           to
           the
           Service
           of
           God
           ,
           
           is
           entred
           into
           the
           Body
           of
           the
           Canon
           Law
           ;
           and
           taken
           out
           of
           Ivo
           ,
           
           and
           by
           him
           from
           the
           Canons
           of
           the
           
             Gallican
             Church
          
           ,
           
           as
           appears
           by
           several
           Councils
           .
           
        
         
           Our
           Lyndwood
           mentions
           that
           Canon
           as
           in
           force
           here
           ,
           
           
             Die
             Dominicâ
             nihil
             aliud
             agendum
             ,
             nisi
             Deo
             vacandum
             .
          
           And
           he
           takes
           some
           Pains
           to
           explain
           it
           ,
           by
           distinguishing
           ,
        
         
         
           1.
           
           Works
           servile
           materially
           and
           formally
           ,
           as
           Plowing
           ,
           Sowing
           ,
           Markets
           ,
           Law-days
           ,
           &c.
           these
           are
           generally
           forbidden
           .
        
         
           2.
           
           Acts
           spiritual
           materially
           and
           finally
           ,
           as
           all
           Acts
           of
           Piety
           and
           Devotion
           ,
           and
           these
           we
           ought
           to
           attend
           upon
           with
           Care
           and
           Diligence
           .
        
         
           3.
           
           Acts
           not
           servile
           in
           themselves
           ,
           but
           done
           for
           a
           servile
           End
           ,
           as
           Studies
           and
           Designs
           for
           Gain
           .
        
         
           4.
           
           Acts
           servile
           in
           themselves
           ,
           but
           not
           so
           in
           their
           End
           ;
           as
           the
           Man's
           taking
           up
           his
           Couch
           on
           the
           Sabbath-day
           ,
           whom
           Christ
           cured
           .
        
         
           He
           affirms
           ,
           that
           there
           is
           a
           Moral
           Part
           in
           the
           Fourth
           Commandment
           ,
           which
           ,
           he
           saith
           ,
           is
           
             a
             spiritual
             Rest
          
           ,
           or
           a
           Time
           set
           apart
           for
           God's
           Service
           :
           Which
           he
           takes
           from
           Aquinas
           ,
           
           who
           saith
           the
           Substance
           of
           the
           Command
           is
           Moral
           ;
           but
           he
           doth
           not
           make
           it
           to
           be
           One
           day
           in
           Seven
           ,
           but
           some
           
           determinate
           time
           ,
           which
           ,
           he
           saith
           ,
           the
           Church
           may
           appoint
           ;
           but
           then
           it
           must
           be
           imployed
           in
           the
           Service
           of
           God
           (
           
             vacare
             rebus
             divinis
          
           )
           as
           things
           were
           said
           to
           be
           sanctified
           under
           the
           Law
           ,
           
           which
           were
           applied
           to
           God's
           Service
           .
           But
           notwithstanding
           this
           Judgment
           of
           Aquinas
           ,
           some
           great
           Men
           in
           the
           Church
           of
           Rome
           have
           thought
           One
           day
           in
           Seven
           ,
           Moral
           ;
           and
           that
           the
           Proportion
           which
           God
           himself
           had
           appointed
           ,
           cannot
           be
           lessened
           .
           For
           altho'
           Mankind
           could
           not
           by
           natural
           Reason
           find
           out
           the
           Proportion
           ,
           yet
           being
           once
           revealed
           ,
           it
           doth
           not
           cease
           to
           oblige
           ,
           unless
           something
           figurative
           and
           symbolical
           ,
           
           or
           peculiar
           to
           the
           Iewish
           Nation
           be
           discovered
           in
           it
           .
        
         
           Bellarmin
           makes
           that
           the
           Reason
           of
           the
           Institution
           of
           the
           Lord's
           day
           ,
           
           because
           God's
           Law
           required
           that
           One
           day
           in
           Seven
           should
           be
           set
           apart
           for
           the
           Worship
           of
           God
           ;
           but
           the
           Apostles
           
           thought
           it
           not
           fit
           to
           observe
           the
           Iewish
           Sabbath
           ,
           and
           therefore
           changed
           it
           into
           the
           Lord's
           day
           .
        
         
           Covarruvias
           saith
           ,
           
           That
           all
           Divines
           agree
           with
           Aquinas
           ,
           That
           there
           is
           something
           Moral
           in
           the
           Fourth
           Command
           ,
           which
           continues
           to
           oblige
           ;
           and
           that
           the
           Lord's
           day
           is
           of
           Divine
           Institution
           .
           And
           to
           him
           the
           Roman
           Editors
           of
           the
           Canon
           Law
           referr
           ,
           as
           to
           this
           matter
           .
        
         
           Azorius
           confesseth
           ,
           
           That
           the
           Observation
           of
           the
           Lord's
           day
           hath
           something
           of
           the
           Divine
           and
           Natural
           Law
           in
           it
           ,
           which
           requires
           One
           day
           in
           a
           Week
           should
           be
           consecrated
           to
           the
           Service
           of
           God
           ,
           and
           that
           it
           is
           most
           agreeable
           to
           Reason
           .
           And
           he
           adds
           ,
           That
           
             Panormitan
             ,
             Sylvester
          
           ,
           and
           other
           Canonists
           held
           the
           Lord's
           day
           to
           be
           of
           divine
           Institution
           .
        
         
           Suarez
           saith
           ,
           
           That
           the
           Church
           doth
           observe
           One
           day
           in
           Seven
           by
           Virtue
           of
           the
           divine
           Law
           ;
           that
           Proportion
           
           being
           so
           agreeable
           to
           Natural
           Reason
           ,
           that
           it
           cannot
           be
           altered
           .
        
         
           Thomas
           Waldensis
           ,
           
           
             who
             lived
             here
             in
             the
             time
             of
          
           H.
           5.
           observes
           ,
           That
           even
           then
           there
           were
           two
           Extreams
           in
           Mens
           Opinions
           about
           the
           Observation
           of
           the
           Lord's
           Day
           ;
           some
           allowed
           no
           kind
           of
           Work
           ,
           and
           others
           ,
           any
           .
           
             But
             he
             shews
          
           ,
           That
           the
           Law
           of
           Nature
           requires
           some
           Solemn
           Days
           for
           Divine
           Worship
           ;
           and
           that
           then
           there
           ought
           to
           be
           a
           Rest
           from
           other
           Labours
           ,
           because
           they
           hinder
           the
           Mind
           from
           that
           Attention
           necessary
           to
           the
           Service
           of
           God
           :
           And
           necessary
           Works
           are
           left
           to
           a
           few
           ,
           that
           others
           may
           be
           more
           at
           Liberty
           .
        
         
           In
           the
           Saxon
           Laws
           we
           find
           many
           
           against
           the
           Profanation
           of
           the
           Lord's
           day
           by
           slavish
           Imployments
           ,
           
           by
           Markets
           and
           Trading
           ,
           
           by
           Folkmotes
           and
           Law-suits
           ,
           
           &c.
           
           
           So
           that
           great
           care
           was
           taken
           then
           ,
           
           that
           the
           Lord's
           day
           should
           be
           duly
           observed
           .
           
        
         
         
           After
           the
           Norman
           times
           ,
           we
           have
           several
           Constitutions
           to
           inforce
           the
           strict
           Observation
           of
           the
           Lord's
           day
           .
           In
           the
           time
           of
           H.
           6.
           
           
           
             Hubert
             de
             Burgo
          
           saith
           ,
           That
           Custom
           may
           derogate
           from
           other
           Holy-days
           ,
           but
           not
           from
           the
           Lord's
           day
           ;
           because
           they
           are
           not
           commanded
           by
           God
           ,
           as
           that
           is
           .
        
         
           Since
           the
           Reformation
           our
           Book
           of
           Homilies
           goes
           upon
           the
           same
           Grounds
           which
           were
           used
           in
           the
           Saxon
           times
           ,
           
           viz.
           
           That
           the
           
             Iewish
             Sabbath
          
           doth
           not
           oblige
           us
           ;
           but
           however
           to
           observe
           the
           like
           Proportion
           of
           time
           ,
           and
           devote
           it
           to
           the
           Service
           of
           God.
           
        
         
           Mr.
           Hooker
           saith
           ,
           
           That
           we
           are
           to
           account
           the
           Sanctification
           of
           one
           day
           in
           Seven
           a
           Duty
           which
           God's
           immutable
           Law
           doth
           exact
           for
           ever
           .
        
         
           But
           what
           is
           meant
           by
           this
           Sanctification
           of
           One
           day
           in
           Seven
           ?
           If
           it
           be
           understood
           according
           to
           the
           old
           Canons
           ,
           it
           will
           fill
           scrupulous
           Minds
           
           with
           more
           Doubts
           and
           Fears
           about
           the
           right
           Observation
           of
           it
           .
        
         
           Origen
           saith
           ,
           
           The
           Observation
           of
           the
           Christian
           Sabbath
           lies
           in
           these
           things
           ;
           1.
           
           A
           Forbearance
           of
           worldly
           Business
           .
           2.
           
           Attendance
           on
           the
           Publick
           Worship
           .
           3.
           
           Divine
           Meditation
           on
           Things
           invisible
           and
           future
           .
           
             Haec
             est
             observatio
             Sabbati
             Christiani
          
           .
           
           And
           in
           another
           place
           ,
           he
           requires
           besides
           Publick
           Worship
           ,
           private
           Meditation
           and
           Reading
           the
           Holy
           Scriptures
           .
        
         
           S.
           Chrysostom
           insists
           very
           much
           upon
           the
           same
           in
           several
           places
           ,
           
           and
           on
           different
           Occasions
           .
           
           And
           altho'
           it
           be
           in
           his
           popular
           Sermons
           ,
           
           yet
           he
           would
           certainly
           not
           put
           them
           upon
           any
           thing
           ,
           but
           what
           he
           thought
           very
           fit
           to
           be
           done
           .
           And
           they
           must
           have
           a
           mean
           Opinion
           of
           him
           ,
           who
           think
           his
           Eloquence
           carried
           him
           too
           far
           in
           this
           matter
           .
        
         
         
           I
           shall
           conclude
           with
           the
           Opinion
           of
           Lyndwood
           ,
           
           a
           Learned
           and
           Judicious
           Canonist
           ;
           and
           he
           observes
           a
           Threefold
           Sanctification
           of
           the
           Lord's
           day
           .
           1.
           
           By
           Abstinence
           from
           Sin
           ,
           which
           is
           necessary
           at
           all
           times
           .
           2.
           
           By
           Abstinence
           from
           such
           bodily
           Labours
           as
           hinder
           the
           Mind's
           Attendance
           upon
           God's
           Service
           .
           3.
           
           By
           the
           whole
           Imployment
           of
           our
           Minds
           in
           Divine
           Matters
           ;
           and
           this
           he
           calls
           the
           perfect
           Observation
           of
           it
           .
        
         
           These
           things
           I
           have
           the
           more
           largely
           insisted
           upon
           ,
           to
           shew
           ,
           That
           the
           Religious
           Observation
           of
           the
           Lord's
           day
           ,
           is
           no
           Novelty
           started
           by
           some
           late
           Sects
           and
           Parties
           among
           us
           ,
           but
           that
           it
           hath
           been
           the
           general
           Sense
           of
           the
           best
           part
           of
           the
           Christian
           World
           ,
           and
           is
           particularly
           inforced
           upon
           us
           of
           the
           Church
           of
           England
           ,
           not
           only
           by
           the
           Homilies
           ,
           but
           by
           the
           most
           ancient
           Ecclesiastical
           Law
           among
           us
           .
        
         
         
           But
           this
           is
           not
           all
           ,
           for
           the
           Ancient
           as
           well
           as
           Modern
           Canons
           require
           the
           Observation
           of
           Holy-days
           likewise
           .
           The
           Canons
           of
           Egbert
           require
           not
           only
           Prayers
           ,
           but
           Preaching
           then
           ,
           Can.
           1.
           3.
           
        
         
           The
           Council
           of
           
             Cloveshoo
             ,
             Can.
          
           13.
           distinguishes
           the
           Holy-days
           relating
           to
           our
           Saviour
           ,
           from
           the
           rest
           ;
           and
           saith
           ,
           They
           are
           to
           be
           observed
           in
           a
           solemn
           and
           uniform
           Manner
           ,
           and
           the
           rest
           according
           to
           the
           
             Roman
             Martyrology
          
           ;
           
           Which
           ,
           I
           suppose
           ,
           were
           those
           repeated
           then
           in
           the
           Diptychs
           of
           the
           Church
           ;
           
           which
           Custom
           continued
           longer
           at
           Rome
           ,
           
           than
           in
           other
           Churches
           ;
           but
           it
           was
           generally
           disused
           before
           the
           time
           of
           Charles
           the
           Great
           .
        
         
           The
           Custom
           in
           Rome
           ,
           in
           
           Gregory's
           time
           ,
           was
           to
           observe
           the
           Saints
           Days
           with
           the
           solemn
           Service
           at
           one
           Church
           ,
           as
           appears
           by
           his
           Homilies
           on
           the
           Evangelists
           ,
           which
           were
           many
           of
           them
           preached
           on
           those
           Occasions
           ;
           
           as
           of
           S.
           
             Felicitas
             ,
             Hom
          
           3.
           
           S.
           
             Agnes
             ,
             Hom.
          
           11
           ,
           12.
           
           S.
           
             Felix
             ,
             Hom.
          
           13.
           
           S.
           
             Pancrace
             ,
             Hom.
          
           27.
           &c.
           and
           of
           others
           who
           were
           Roman
           Martyrs
           ;
           and
           therefore
           had
           a
           particular
           Solemnity
           appointed
           for
           them
           .
           But
           as
           to
           other
           Saints
           Days
           ,
           it
           appears
           by
           the
           Antiphonarius
           and
           Sacramentary
           of
           
             Gregory
             I.
          
           that
           they
           had
           particular
           Anthems
           and
           Collects
           proper
           for
           them
           in
           the
           Offices
           of
           the
           Day
           ;
           but
           I
           do
           not
           find
           that
           the
           Generality
           of
           the
           People
           were
           so
           strictly
           tied
           up
           ,
           when
           the
           Offices
           were
           over
           ,
           as
           they
           were
           on
           the
           Lord's
           days
           ,
           and
           the
           greater
           Festivals
           relating
           to
           our
           Saviour
           .
           In
           the
           Council
           of
           
             Cloveshoo
             ,
             Can.
          
           13.
           
           I
           observe
           ,
           that
           the
           
             Natalitia
             Sanctorum
          
           ,
           i.e.
           the
           Anniversary
           Saints
           Days
           ,
           were
           observed
           with
           particular
           Psalmody
           and
           Anthems
           ;
           and
           
             Can.
             17.
          
           the
           Days
           of
           Gregory
           and
           Augustin
           ,
           the
           Two
           great
           Instruments
           of
           converting
           the
           Nation
           ,
           were
           only
           to
           be
           
           kept
           as
           Holy-days
           by
           the
           Clergy
           ,
           without
           any
           particular
           Obligation
           on
           all
           the
           People
           .
           So
           that
           the
           Holy-days
           of
           strict
           Observation
           then
           ,
           seem
           to
           have
           been
           no
           other
           than
           those
           which
           relate
           to
           our
           Saviour
           ,
           called
           
             Dominicae
             Dispensationis
             in
             carne
             Festivitates
          
           ;
           the
           rest
           had
           some
           proper
           Offices
           which
           were
           performed
           on
           their
           Days
           ;
           but
           the
           People
           were
           to
           attend
           them
           ,
           as
           well
           as
           they
           could
           ;
           but
           after
           there
           was
           not
           this
           strictness
           required
           ,
           as
           upon
           the
           greater
           Holy-days
           ;
           and
           as
           it
           was
           in
           the
           Church
           of
           Rome
           afterwards
           ,
           when
           they
           made
           the
           Obligation
           of
           Conscience
           to
           extend
           to
           all
           Holy-days
           appointed
           by
           the
           Church
           .
           But
           it
           is
           observable
           ,
           (
           1.
           )
           That
           this
           Obligation
           is
           taken
           from
           those
           Canons
           which
           mention
           only
           the
           Lord's
           day
           ,
           as
           appears
           by
           Bellarmin
           .
           
           (
           2.
           )
           That
           they
           kept
           up
           the
           Distinction
           of
           greater
           and
           lesser
           Holy-days
           .
           (
           3.
           )
           That
           they
           allow
           
           the
           Bishop
           to
           dispense
           ,
           as
           to
           some
           Works
           on
           Holy-days
           .
           
           Lyndwood
           observes
           ,
           that
           the
           Abstinence
           from
           Work
           is
           not
           alike
           ,
           but
           as
           the
           Church
           hath
           required
           it
           ;
           and
           that
           if
           a
           Bishop's
           Licence
           cannot
           be
           had
           ,
           a
           less
           will
           serve
           .
           Our
           Church
           ,
           Can.
           13.
           requires
           Holy-days
           to
           be
           observed
           with
           Works
           of
           Piety
           ,
           Charity
           ,
           and
           Sobriety
           ;
           but
           gives
           no
           Rule
           as
           to
           Abstinence
           from
           Works
           ,
           or
           the
           strict
           Obligation
           of
           Conscience
           .
        
         
           2.
           
           I
           now
           come
           to
           the
           particular
           Duties
           of
           the
           Clergy
           on
           the
           Days
           which
           are
           solemnly
           devoted
           to
           the
           Service
           of
           God.
           
        
         
           1.
           
           The
           constant
           and
           devout
           Attendance
           upon
           ,
           and
           solemn
           Reading
           the
           Prayers
           of
           the
           Church
           ,
           as
           they
           are
           appointed
           .
           
           In
           the
           old
           
             Saxon
             Canons
          
           the
           Presbyters
           are
           required
           to
           officiate
           constantly
           at
           Prayers
           in
           their
           Churches
           ;
           so
           in
           the
           Council
           at
           
             Cloveshoo
             ;
             
             Can.
          
           8.
           the
           Canons
           of
           
             Egbert
             ,
             Can.
          
           2.
           
           Canons
           of
           
             Edgar
             ,
             Can.
          
           45.
           
        
         
           But
           how
           if
           the
           People
           will
           not
           come
           to
           the
           Prayers
           ?
           You
           ought
           ,
           what
           lies
           in
           you
           ,
           to
           remove
           the
           Causes
           of
           such
           Neglect
           ;
           which
           arises
           generally
           from
           these
           things
           ;
           either
           a
           gross
           Stupidity
           and
           Regardlesness
           of
           Religion
           ,
           which
           is
           too
           common
           in
           the
           World
           ,
           or
           from
           Prejudice
           and
           Principles
           of
           Education
           ,
           or
           the
           Interest
           of
           a
           Party
           ;
           or
           from
           not
           Reading
           the
           Prayers
           with
           that
           Attention
           and
           Devotion
           which
           is
           fit
           to
           raise
           an
           Esteem
           of
           them
           .
           The
           other
           two
           ,
           you
           ought
           to
           do
           what
           you
           can
           to
           remove
           ;
           but
           this
           is
           your
           own
           Fault
           if
           you
           do
           it
           not
           .
           We
           are
           not
           to
           please
           the
           Fancies
           of
           People
           by
           an
           affected
           Variety
           of
           Expressions
           in
           Prayers
           ;
           but
           we
           ought
           to
           do
           what
           we
           can
           to
           excite
           their
           Affections
           ,
           which
           is
           done
           as
           much
           by
           the
           due
           manner
           of
           Reading
           ,
           as
           by
           
           Figures
           in
           Speaking
           .
           And
           the
           People
           are
           uneasie
           at
           staying
           ,
           when
           they
           see
           the
           Minister
           read
           them
           so
           fast
           ,
           as
           though
           he
           minded
           nothing
           so
           much
           as
           to
           be
           at
           the
           end
           of
           them
           ;
           or
           when
           he
           mangles
           them
           so
           ,
           as
           if
           he
           had
           a
           mind
           to
           make
           the
           People
           out
           of
           love
           with
           them
           .
        
         
           2.
           
           The
           next
           Duty
           is
           Preaching
           ;
           and
           truly
           that
           need
           to
           be
           looked
           after
           ,
           when
           the
           Esteem
           of
           our
           Profession
           depends
           so
           much
           upon
           it
           .
           We
           have
           none
           of
           those
           Methods
           which
           those
           on
           both
           sides
           make
           so
           much
           use
           of
           ;
           we
           can
           neither
           comply
           with
           the
           People
           in
           Gestures
           ,
           and
           Phrases
           ,
           and
           Enthusiastick
           Heats
           ,
           nor
           with
           the
           Superstitious
           Devotions
           and
           Priest-craft
           of
           others
           .
           Of
           all
           Churches
           ours
           hath
           the
           least
           Reason
           to
           be
           charged
           with
           it
           ,
           since
           they
           let
           go
           so
           many
           Advantages
           over
           the
           People
           by
           the
           Reformation
           .
           Thanks
           be
           to
           God
           ,
           we
           have
           Scripture
           ,
           and
           Reason
           ,
           
           and
           Antiquity
           of
           our
           side
           ;
           but
           these
           are
           dry
           and
           insipid
           things
           to
           the
           common
           People
           ,
           unless
           some
           Arts
           be
           used
           to
           recommend
           them
           .
           But
           since
           our
           main
           Support
           lies
           in
           the
           Honesty
           and
           Justice
           of
           our
           Cause
           ,
           without
           Tricks
           and
           Devices
           ,
           we
           ought
           to
           look
           very
           well
           to
           that
           part
           of
           our
           Profession
           which
           keeps
           up
           any
           Reputation
           among
           the
           People
           ;
           and
           that
           is
           Preaching
           .
           Those
           who
           are
           so
           weak
           or
           lazy
           ,
           as
           to
           be
           glad
           to
           have
           that
           laid
           aside
           too
           ,
           in
           a
           great
           measure
           ,
           never
           well
           considered
           the
           Design
           of
           our
           Profession
           ,
           or
           the
           way
           to
           support
           it
           .
           It
           's
           true
           ,
           for
           some
           time
           Preaching
           was
           an
           extraordinary
           thing
           in
           the
           Church
           ;
           and
           none
           but
           Great
           and
           Eloquent
           Men
           of
           Authority
           in
           the
           Church
           were
           permitted
           to
           preach
           ,
           and
           the
           greatest
           Bishops
           were
           then
           the
           Preachers
           ,
           as
           appears
           by
           the
           Sermons
           of
           S.
           Ambrose
           ,
           S.
           Chrysostom
           ,
           S.
           Augustin
           ,
           &c.
           
           And
           even
           
           some
           of
           the
           Bishops
           of
           Rome
           ,
           whatever
           Sozomen
           saith
           ,
           
           were
           frequent
           Preachers
           ,
           as
           appears
           by
           
           Gregory's
           Homilies
           on
           Ezekiel
           and
           the
           Gospels
           .
           And
           if
           it
           were
           not
           then
           practised
           he
           did
           very
           ill
           to
           complain
           of
           the
           Burden
           of
           it
           ,
           
           and
           the
           Danger
           of
           neglecting
           it
           .
           But
           in
           other
           Churches
           while
           the
           Bishop
           and
           the
           Presbyters
           lived
           together
           ,
           before
           parochial
           Cures
           were
           settled
           ,
           the
           Presbyters
           had
           no
           constant
           Office
           of
           preaching
           ,
           but
           as
           the
           Bishops
           appointed
           them
           occasionally
           .
           But
           afterwards
           ,
           when
           the
           Presbyters
           were
           fixed
           in
           their
           Cures
           ,
           they
           were
           required
           to
           be
           very
           diligent
           and
           careful
           in
           preaching
           ,
           or
           instructing
           the
           people
           committed
           to
           their
           Charge
           ,
           as
           may
           be
           seen
           in
           many
           early
           Canons
           of
           the
           Gallican
           Church
           ;
           
           and
           so
           it
           was
           here
           in
           England
           :
           
           Council
           of
           
             Cloveshoo
             ,
             c.
             8.
             14.
             
             Egbert
             ,
          
           
           Can.
           3.
           and
           that
           not
           only
           in
           the
           moving
           way
           in
           the
           Pulpit
           ,
           
           but
           
           in
           the
           familiar
           and
           instructing
           way
           ,
           which
           we
           call
           
             Catechizing
             ;
             Concil
             .
             Cloveshoo
             ,
             c.
             11.
             
             Can.
             Egbert
             .
          
           6.
           
           Both
           ought
           to
           be
           done
           ,
           because
           they
           are
           both
           very
           useful
           .
           The
           Principles
           and
           Foundations
           of
           Religion
           must
           be
           well
           laid
           ,
           to
           make
           the
           people
           have
           any
           Taste
           or
           Relish
           of
           preaching
           ;
           otherwise
           it
           is
           like
           reading
           Mathematicks
           to
           those
           who
           understand
           not
           Numbers
           or
           Figures
           .
           Erasmus
           observes
           ,
           
           that
           the
           Sense
           of
           Religion
           grows
           very
           cold
           without
           preaching
           ;
           and
           that
           the
           Countess
           of
           Richmond
           ,
           Mother
           to
           H.
           7.
           had
           such
           a
           Sense
           of
           the
           Necessity
           of
           it
           in
           those
           times
           ,
           that
           she
           maintained
           many
           Preachers
           at
           her
           own
           Charges
           ,
           and
           imployed
           Bishop
           Fisher
           to
           find
           out
           the
           best
           qualified
           for
           it
           .
           And
           since
           the
           Reformation
           the
           Church
           of
           Rome
           hath
           been
           more
           sensible
           of
           the
           Necessity
           of
           it
           ,
           as
           appears
           by
           the
           Council
           of
           Trent
           .
           
           Cardinal
           Borromeo
           ,
           
           one
           of
           the
           most
           Celebrated
           Saints
           since
           that
           time
           ,
           frequently
           insists
           upon
           it
           ,
           gives
           Directions
           about
           it
           ,
           and
           speaks
           of
           it
           as
           a
           thing
           ,
           which
           tends
           very
           much
           to
           the
           Glory
           of
           God
           ,
           and
           the
           Salvation
           of
           Souls
           .
           And
           to
           the
           same
           purpose
           other
           Great
           Men
           among
           them
           ,
           
           as
           Cardinal
           Palaeotus
           ,
           
           
             Godeau
             ,
             Bordenave
          
           ,
           and
           others
           .
           Would
           it
           not
           then
           be
           a
           great
           Shame
           for
           us
           ,
           
           who
           pretend
           to
           a
           Zeal
           for
           Reformation
           and
           the
           true
           Religion
           ,
           
           to
           neglect
           or
           lessen
           the
           Reputation
           of
           those
           things
           which
           our
           Adversaries
           have
           learnt
           from
           us
           ,
           
           and
           glory
           in
           them
           ;
           and
           those
           are
           Diligence
           in
           Preaching
           and
           Catechizing
           ?
           Which
           none
           can
           despise
           who
           value
           Religion
           ,
           none
           can
           neglect
           who
           have
           any
           Regard
           to
           the
           Interest
           or
           Honour
           of
           their
           Profession
           .
        
         
           3.
           
           The
           next
           Duty
           is
           the
           solemn
           Administration
           of
           the
           Sacraments
           ,
           which
           ought
           to
           be
           done
           in
           the
           publick
           
           Assemblies
           ,
           where
           there
           is
           not
           a
           great
           Reason
           to
           the
           contrary
           .
           The
           
             Saxon
             Canons
          
           are
           express
           ,
           That
           Baptism
           ,
           unless
           in
           Case
           of
           Necessity
           ,
           should
           be
           administred
           only
           in
           due
           Times
           and
           Places
           ,
           
             Egber
             .
             Can.
             10
             ,
             11.
             
          
           While
           the
           Ancient
           Discipline
           was
           kept
           up
           ,
           
           and
           Baptism
           only
           celebrated
           at
           the
           great
           Festivals
           ,
           
           there
           was
           a
           Necessity
           of
           its
           being
           publick
           ;
           
           and
           the
           Catechumens
           underwent
           several
           Scrutinies
           ,
           
           which
           lasted
           several
           days
           in
           the
           Face
           of
           the
           Church
           ,
           
           as
           S.
           Augustin
           observes
           ,
           
           after
           they
           had
           been
           kept
           under
           private
           Examination
           for
           some
           time
           before
           .
           
           But
           when
           whole
           Nations
           were
           not
           only
           converted
           ,
           
           but
           Infants
           generally
           baptized
           ,
           the
           former
           Method
           of
           Discipline
           was
           changed
           .
           But
           yet
           the
           Church
           retained
           her
           Right
           as
           to
           Satisfaction
           about
           the
           due
           Admission
           of
           her
           Members
           .
           And
           that
           is
           the
           true
           Reason
           why
           ,
           after
           private
           Baptism
           ,
           
           the
           Child
           is
           required
           to
           be
           brought
           to
           the
           publick
           Congregation
           .
           For
           Baptism
           is
           not
           intended
           to
           be
           done
           before
           a
           select
           Number
           of
           Witnesses
           ,
           but
           in
           the
           Face
           of
           the
           Church
           ,
           which
           is
           the
           regular
           and
           solemn
           Way
           ;
           however
           ,
           the
           Bishop
           may
           dispense
           in
           some
           particular
           Cases
           ,
           which
           he
           judges
           reasonable
           .
           At
           first
           Baptism
           was
           administred
           publickly
           ,
           as
           Occasion
           served
           ,
           by
           Rivers
           ;
           as
           Bede
           saith
           ,
           
             Paulinus
             baptized
             many
             in
             the
             Rivers
             ,
          
           
           
             before
             Oratories
             or
             Churches
             were
             built
             .
          
           Afterwards
           the
           Baptistery
           was
           built
           at
           the
           Entrance
           of
           the
           Church
           ,
           or
           very
           near
           it
           ;
           which
           is
           mentioned
           by
           Athanasius
           ,
           S.
           Chrysostom
           ,
           S.
           Ambrose
           ,
           S.
           Augustin
           ,
           &c.
           
           The
           Baptistery
           then
           had
           a
           large
           Bason
           in
           it
           ,
           which
           held
           the
           Persons
           to
           be
           baptized
           ,
           and
           they
           went
           down
           by
           Steps
           into
           it
           .
           Afterwards
           when
           Immersion
           came
           to
           be
           disused
           ,
           Fonts
           were
           set
           up
           at
           the
           Entrance
           of
           Churches
           :
           
           But
           still
           the
           place
           was
           publick
           .
           But
           in
           Case
           of
           Necessity
           there
           is
           a
           Form
           prescribed
           ;
           and
           I
           do
           not
           see
           how
           any
           ,
           without
           leave
           ,
           can
           use
           the
           Form
           of
           Publick
           Baptism
           in
           private
           Houses
           ;
           which
           is
           against
           both
           our
           Ancient
           and
           Modern
           Canons
           .
           In
           the
           Greek
           Church
           it
           is
           Deprivation
           to
           do
           it
           ;
           
           and
           the
           Synod
           under
           Photius
           confirms
           it
           ,
           both
           as
           to
           the
           Eucharist
           and
           Baptism
           ,
           
           because
           publick
           Order
           is
           to
           be
           preserved
           .
           But
           it
           is
           there
           understood
           to
           be
           done
           in
           Opposition
           to
           the
           Bishop's
           Authority
           ,
           whose
           Consent
           may
           make
           the
           Case
           different
           ,
           if
           they
           judge
           it
           reasonable
           .
           But
           Ministerial
           Officers
           are
           not
           Judges
           in
           an
           equitable
           Case
           against
           a
           standing
           Rule
           .
        
         
           4.
           
           Another
           Duty
           of
           the
           parochial
           Clergy
           is
           ,
           to
           be
           able
           and
           ready
           to
           resolve
           Penitential
           Cases
           ,
           which
           relate
           to
           the
           Internal
           Court
           of
           Conscience
           ,
           and
           not
           the
           External
           and
           Judiciary
           
           Court
           ,
           which
           respects
           the
           Honour
           of
           the
           Church
           ,
           as
           to
           scandalous
           Offences
           committed
           by
           the
           Members
           of
           it
           .
           And
           this
           takes
           in
           the
           Private
           and
           Occasional
           Duties
           of
           the
           parochial
           Clergy
           ;
           for
           they
           ought
           to
           inform
           themselves
           of
           the
           Spiritual
           Condition
           of
           their
           People
           ,
           that
           they
           may
           be
           able
           to
           give
           suitable
           Advice
           and
           Directions
           to
           them
           both
           in
           Health
           and
           Sickness
           :
           But
           chiefly
           to
           be
           able
           to
           give
           them
           safe
           and
           seasonable
           Advice
           under
           Troubles
           of
           Conscience
           by
           reason
           of
           wilful
           Sins
           .
           Duarenus
           ,
           
           a
           very
           considerable
           Lawyer
           ,
           thinks
           the
           main
           Business
           of
           the
           Clergy
           ,
           as
           to
           the
           Cure
           of
           Souls
           ,
           lies
           in
           the
           Power
           of
           Binding
           and
           Loosing
           ,
           
             i.
             e.
          
           in
           dealing
           aright
           with
           the
           Consciences
           of
           Men
           ,
           as
           to
           the
           Guilt
           of
           their
           Sins
           .
           And
           the
           Rules
           of
           the
           Penitential
           Court
           ,
           are
           different
           from
           those
           of
           the
           Ecclesiastical
           Court
           ,
           as
           well
           as
           the
           End
           is
           different
           .
           In
           the
           
           Saxon
           times
           ,
           there
           were
           both
           here
           .
           There
           were
           Ecclesiastical
           Law
           which
           related
           to
           Judicial
           Cases
           ,
           
           wherein
           a
           publick
           Penance
           was
           injoyned
           in
           order
           to
           the
           Churches
           Satisfaction
           .
           
        
         
           But
           there
           were
           many
           Cases
           which
           were
           not
           publick
           ,
           
           and
           yet
           great
           Care
           was
           to
           be
           used
           ,
           
           as
           to
           the
           Direction
           of
           Penitents
           ,
           as
           appears
           by
           the
           Penitentials
           of
           Theodore
           and
           Bede
           in
           the
           Saxon
           times
           .
           
           Whereby
           we
           learn
           that
           a
           Difference
           was
           to
           be
           observed
           ,
           as
           to
           the
           Nature
           of
           Offences
           ,
           and
           the
           Circumstances
           of
           Persons
           and
           Actions
           ,
           and
           the
           Measure
           of
           Contrition
           ;
           and
           the
           particular
           Method
           is
           set
           down
           in
           the
           penitential
           Books
           ,
           
           which
           was
           in
           very
           material
           Circumstances
           different
           from
           the
           Methods
           used
           in
           the
           Church
           of
           Rome
           .
           But
           it
           is
           a
           thing
           necessary
           for
           every
           parochial
           Minister
           to
           be
           able
           to
           settle
           doubting
           Consciences
           ,
           and
           to
           put
           them
           into
           the
           best
           Methods
           of
           avoiding
           Sin
           
           for
           the
           future
           ,
           without
           which
           the
           Absolution
           of
           the
           Priest
           signifies
           nothing
           .
           For
           where
           God
           doth
           not
           absolve
           ,
           the
           Church
           cannot
           .
        
         
           5.
           
           
             Giving
             a
             good
             Example
             to
             the
             People
             committed
             to
             your
             Charge
             .
             This
             is
             often
             mentioned
             in
             the
          
           Saxon
           
             Canons
             :
             Council
             at
          
           Cloveshoo
           ,
           c.
           8.
           
           
             Canons
             of
          
           Egbert
           ,
           14
           ,
           15
           ,
           18
           ,
           19
           ,
           33.
           
             in
             the
             Laws
             of
          
           Alfred
           ,
           c.
           3.
           of
           Edward
           c.
           3.
           
           Constit.
           of
           Odo
           ,
           c.
           4
           ,
           5.
           of
           Edgar
           ,
           57
           ,
           58
           ,
           59
           ,
           60
           ,
           61
           ,
           64.
           of
           Canutus
           ,
           c.
           26.
           
           
             And
             in
             the
             Conclusion
             of
             one
             Collection
             of
             his
             Laws
             are
             these
             Words
             ,
          
           Happy
           is
           that
           Shepherd
           ,
           who
           by
           his
           good
           Life
           and
           Doctrine
           leads
           his
           Flock
           to
           Eternal
           and
           Heavenly
           Ioys
           ;
           and
           happy
           is
           that
           Flock
           that
           follows
           such
           a
           Shepherd
           ,
           who
           hath
           rescued
           them
           out
           of
           the
           Devil's
           Hands
           ,
           and
           put
           them
           into
           God's
           .
        
         
           6.
           
           Lastly
           the
           Performance
           of
           all
           these
           Duties
           supposes
           a
           constant
           Residence
           among
           your
           People
           ;
           without
           which
           
           it
           is
           impossible
           to
           discharge
           them
           in
           such
           a
           manner
           ,
           as
           to
           give
           them
           and
           your selves
           full
           Satisfaction
           .
           This
           ,
           I
           am
           sensible
           ,
           is
           a
           very
           nice
           and
           tender
           Point
           ;
           and
           the
           Difficulties
           of
           it
           do
           arise
           from
           these
           things
           :
           On
           one
           side
           it
           is
           said
           ,
        
         
           1.
           
           That
           there
           is
           an
           Allowance
           by
           the
           Law
           given
           to
           several
           Persons
           to
           hold
           more
           Benefices
           than
           one
           ;
           and
           since
           the
           Distribution
           of
           Benefices
           is
           not
           by
           the
           Law
           of
           God
           ,
           but
           by
           the
           Law
           of
           the
           Land
           ,
           what
           Fault
           is
           there
           in
           making
           use
           of
           the
           Privileges
           which
           the
           Law
           gives
           ?
           But
           there
           cannot
           be
           constant
           Residence
           in
           more
           Places
           than
           one
           .
        
         
           2.
           
           That
           the
           general
           Service
           of
           the
           Church
           is
           more
           to
           be
           preferred
           than
           taking
           Care
           of
           a
           particular
           Parish
           ;
           because
           the
           necessary
           Duties
           of
           a
           Parish
           may
           be
           supplied
           by
           persons
           approved
           by
           the
           Bishop
           ,
           and
           
           a
           single
           Living
           seldom
           affords
           a
           sufficient
           Competency
           for
           persons
           to
           be
           capable
           of
           publick
           Service
           .
        
         
           3.
           
           That
           the
           way
           of
           Subsistence
           for
           the
           Clergy
           ,
           is
           now
           much
           altered
           from
           what
           it
           was
           when
           Celibacy
           was
           enjoyned
           .
           For
           a
           Competency
           was
           always
           supposed
           where
           Residence
           was
           strictly
           required
           ;
           and
           what
           was
           a
           Competency
           to
           a
           single
           person
           ,
           is
           not
           so
           to
           a
           Family
           .
        
         
           4.
           
           That
           the
           Church
           hath
           a
           power
           of
           Relaxing
           the
           Severity
           of
           Ancient
           Canons
           from
           the
           different
           Circumstances
           of
           things
           ;
           and
           when
           the
           general
           Good
           of
           the
           Church
           may
           be
           more
           promoted
           therein
           ;
           as
           in
           the
           Removal
           of
           Clergymen
           from
           one
           Diocess
           to
           another
           ,
           and
           the
           Translation
           of
           Bishops
           .
        
         
           5.
           
           That
           the
           Case
           is
           now
           very
           different
           ,
           as
           to
           Dispensations
           ,
           from
           what
           it
           was
           in
           the
           Church
           of
           Rome
           ,
           as
           to
           the
           Number
           of
           Benefices
           ,
           and
           the
           
           manner
           of
           obtaining
           them
           ;
           that
           a
           great
           Restraint
           is
           laid
           by
           our
           Laws
           upon
           Pluralities
           ,
           and
           our
           own
           Metropolitan
           is
           the
           Judge
           when
           they
           are
           fit
           to
           be
           granted
           .
        
         
           But
           on
           the
           other
           side
           it
           is
           objected
           ,
        
         
           1.
           
           That
           in
           the
           first
           Constitution
           of
           parochial
           Churches
           ,
           every
           Incumbent
           was
           bound
           to
           a
           strict
           Residence
           ;
           so
           in
           the
           Canons
           of
           
             Egbert
             ,
             Can.
          
           25.
           
           Presbyters
           are
           said
           to
           be
           settled
           in
           those
           Churches
           ,
           which
           had
           a
           House
           and
           Glebe
           belonging
           to
           them
           ;
           and
           many
           Canons
           were
           then
           expresly
           made
           ,
           That
           no
           Person
           should
           have
           more
           than
           one
           Church
           ;
           and
           it
           is
           said
           in
           the
           Capitulars
           ,
           
           that
           this
           had
           been
           several
           times
           decreed
           .
           
           And
           so
           it
           is
           in
           Herardus
           his
           Collection
           of
           Canons
           ,
           Can.
           49.
           in
           
             Isaac
             Lingonensis
             ,
             Tit.
             1.
             c.
          
           24.
           in
           
             Chrodegangus
             ,
             c.
          
           67.
           
           in
           
             Ivo
             Carnotensis
             ,
             part
             .
             3.
             c.
          
           51.
           in
           
             Regino
             ,
             l.
             1.
             c.
          
           254.
           
           The
           like
           we
           find
           in
           the
           Spanish
           Churches
           ,
           
             Concil
             .
             Tolet.
             16.
             c.
          
           5.
           and
           thence
           in
           the
           Canon●Law
           ,
           
             C.
             10.
             
             Q.
             3.
             c.
          
           3.
           and
           in
           the
           Greek
           Churches
           ,
           
             Concil
             .
             7.
             
             Can.
             15.
             
             C.
             21.
             
             Q.
             1.
             c.
          
           1.
           
           And
           as
           soon
           as
           the
           Abuse
           crept
           in
           in
           these
           Western
           Churches
           ,
           it
           was
           complained
           of
           ,
           and
           endeavoured
           to
           be
           redressed
           ,
           
             Concil
             .
             Paris
             .
             6.
             c.
             49.
             
             Concil
             .
             Aquisgran
             .
             2.
             part
             .
             2.
             c.
             5.
             
             Concil
             .
             Metens
             .
             c.
          
           3.
           
           That
           afterwards
           ,
           not
           meerly
           the
           Mendicant
           Friars
           complained
           of
           them
           ,
           as
           some
           have
           suggested
           ,
           but
           some
           of
           the
           greatest
           Bishops
           have
           been
           zealous
           against
           them
           ,
           
           as
           
             Gulielmus
             Parisiensis
             ,
             Peraldus
          
           ,
           Archbishop
           of
           
             Lions
             ,
             Iacobus
             de
             Vitriaco
          
           Bishop
           of
           Acon
           ,
           
           
             Robert
             de
             C●orton
          
           Cardinal
           ;
           Guiard
           Bishop
           of
           Cambray
           ;
           
           and
           Gregory
           IX
           .
           declared
           ,
           That
           he
           could
           only
           dispense
           with
           the
           Penalty
           of
           the
           Law.
           
           After
           a
           solemn
           Disputation
           at
           Paris
           ,
           
           it
           was
           determined
           against
           Pluralities
           ,
           if
           one
           Benefice
           be
           sufficient
           ;
           and
           all
           the
           Divines
           joyned
           with
           the
           Bishop
           therein
           ,
           except
           two
           ;
           so
           that
           it
           seemed
           to
           be
           the
           current
           Opinion
           of
           the
           Learned
           and
           Pious
           Men
           of
           that
           Time.
           
           Aquinas
           saith
           ,
           
             It
             is
             a
             doubtful
             Point
          
           ,
           
           but
           Cajetan
           is
           positive
           against
           them
           .
           So
           that
           all
           the
           Zeal
           against
           Pluralities
           ,
           is
           not
           to
           be
           imputed
           to
           the
           Piques
           of
           the
           Friars
           against
           the
           Secular
           Clergy
           ;
           although
           there
           is
           no
           Question
           but
           they
           were
           so
           much
           the
           more
           earnest
           in
           it
           ;
           but
           in
           the
           Council
           of
           Trent
           the
           Bishops
           of
           Spain
           were
           the
           most
           zealous
           ,
           as
           to
           the
           Point
           of
           Residence
           ,
           and
           the
           Friars
           against
           it
           ,
           as
           appears
           by
           Catharinus
           and
           others
           .
        
         
           2.
           
           Setting
           aside
           all
           Authorities
           ,
           the
           Argument
           in
           Point
           of
           Conscience
           ,
           seems
           the
           strongest
           against
           Non-residence
           ;
           because
           persons
           have
           voluntarily
           undertaken
           the
           Cure
           of
           Souls
           within
           such
           Limits
           ;
           and
           although
           
           the
           Bounds
           be
           fixed
           by
           Human
           Authority
           ,
           yet
           since
           he
           hath
           undertaken
           such
           a
           Charge
           personally
           ,
           knowing
           those
           Bounds
           ,
           it
           lies
           upon
           his
           Conscience
           to
           discharge
           the
           Duties
           incumbent
           upon
           him
           ,
           which
           cannot
           be
           done
           without
           constant
           Residence
           ,
           as
           the
           Magistrates
           are
           bound
           in
           Conscience
           to
           do
           their
           Duty
           ,
           although
           the
           Bounds
           are
           settled
           by
           Human
           Laws
           :
           And
           so
           in
           the
           case
           of
           Property
           ,
           Human
           Laws
           bind
           so
           that
           it
           is
           a
           Sin
           to
           invade
           what
           is
           settled
           by
           them
           .
           And
           if
           it
           be
           left
           to
           a
           Man's
           Conscience
           ,
           whether
           a
           Man
           answers
           his
           Obligation
           more
           by
           personal
           Attendance
           ,
           or
           by
           a
           Curate
           ;
           whether
           the
           Honour
           of
           Religion
           ,
           and
           the
           Good
           of
           Souls
           be
           more
           promoted
           ,
           and
           the
           Peace
           of
           his
           own
           Mind
           secured
           by
           one
           or
           the
           other
           ,
           it
           is
           no
           hard
           matter
           to
           judge
           on
           which
           side
           it
           must
           go
           .
           It
           is
           impossible
           to
           defend
           all
           the
           Arguments
           used
           in
           the
           
           old
           Canons
           against
           Pluralities
           ,
           as
           that
           Polygamy
           is
           unlawful
           under
           the
           Gospel
           :
           So
           that
           ,
           
             as
             a
             Bishop
             hath
             but
             one
             City
             ,
             and
             a
             Man
             but
             one
             Wife
             ,
             so
             a
             Presbyter
             ought
             to
             have
             but
             one
             Church
             :
             That
             no
             Man
             can
             serve
             two
             Masters
             ,
          
           &c.
           but
           all
           their
           Reasons
           were
           not
           of
           this
           sort
           .
           For
           ,
           the
           Council
           of
           Toledo
           speaks
           home
           ,
           
           
             That
             one
             Man
             cannot
             perform
             his
             Duty
             to
             more
             than
             one
             Charge
             .
          
           
           To
           the
           same
           purpose
           the
           Sixth
           Council
           at
           Paris
           ;
           and
           withal
           ,
           
             That
             it
             brings
             a
             Scandal
             on
             the
             Christian
             Church
             ,
             and
             an
             Hinderance
             to
             Publick
             Worship
             ,
             and
             the
             Good
             of
             Souls
             ,
             and
             savours
             too
             much
             of
             a
             worldly
             Mind
          
           ;
           which
           are
           weighty
           Arguments
           .
        
         
           The
           only
           considerable
           thing
           on
           the
           other
           side
           ,
           is
           ,
           
             That
             the
             Bishops
             are
             to
             take
             care
             that
             the
             Places
             be
             duly
             supplied
             ;
             but
             whether
             it
             be
             done
             by
             Parson
             ,
             Vicar
             or
             Curate
             ,
             is
             not
             material
             .
          
           But
           this
           will
           not
           hold
           .
           For
           ,
           (
           1.
           )
           the
           Care
           of
           Souls
           is
           committed
           personally
           
           to
           him
           that
           doth
           undertake
           it
           .
           And
           a
           Regard
           is
           had
           to
           the
           Qualifications
           of
           the
           Person
           for
           such
           a
           Trust
           ,
           by
           the
           Patron
           that
           presents
           ,
           and
           the
           Bishop
           who
           admits
           and
           institutes
           the
           Person
           so
           qualified
           .
           (
           2.
           )
           The
           old
           Canons
           were
           very
           strict
           as
           to
           personal
           Residence
           ,
           
           so
           as
           to
           fix
           them
           in
           their
           Cures
           from
           which
           they
           could
           not
           go
           away
           when
           they
           pleased
           ,
           which
           they
           called
           
             Promissionem
             stabilitatis
          
           .
           Our
           Saxon
           Canons
           are
           clear
           ,
           as
           to
           the
           personal
           Cure
           ,
           
             Can.
             Egbert
             .
             1.
             4
             ,
             6.
             
             Populo
             sibi
             commisso
          
           ;
           and
           no
           Presbyter
           could
           leave
           his
           Cure
           and
           go
           to
           another
           only
           for
           Honour
           or
           Profit
           ,
           
           Can.
           13.
           
           And
           none
           could
           go
           from
           one
           Bishop
           to
           another
           ,
           without
           his
           Diocesan's
           Leave
           ,
           
             Concil
             .
             Herudford
             .
             c.
             5.
             
             Egbert
             .
             de
             Eccles.
             Instit.
             p.
             97
             ,
             100.
             
          
           And
           when
           the
           Bishop
           gives
           Institution
           ,
           he
           commits
           the
           Care
           of
           Souls
           to
           the
           Incumbent
           ,
           and
           not
           meerly
           the
           Care
           that
           Divine
           Offices
           be
           there
           performed
           .
        
         
         
           
             But
             yet
             it
             is
             well
             observed
             by
          
           Aquinas
           ,
           That
           if
           the
           having
           more
           Benefices
           than
           one
           were
           a
           thing
           evil
           in
           it self
           ,
           it
           could
           in
           no
           case
           be
           dispensed
           with
           ;
           but
           there
           are
           some
           Actions
           which
           in
           general
           are
           irregular
           ,
           yet
           in
           some
           cases
           may
           be
           justified
           ;
           especially
           ,
           if
           they
           be
           extraordinary
           ,
           as
           to
           Publick
           Service
           and
           Usefulness
           ,
           &c.
           
        
         
           And
           to
           the
           same
           purpose
           Cajetan
           speaks
           ;
           
           but
           he
           saith
           ,
           
             The
             Cases
             that
             make
             it
             lawful
             ,
             must
             relate
             to
             a
             Publick
             ,
             and
             not
             a
             Private
             Good
          
           ;
           but
           he
           mentions
           these
           things
           which
           excuse
           from
           Residence
           ;
           
           1.
           
           
             Lawful
             Impediments
          
           ,
           as
           to
           Health
           ,
           
             &c.
             2.
             
             Publick
             Service
          
           .
           And
           others
           say
           ,
           a
           
             Geometrical
             Proportion
          
           ought
           to
           be
           observed
           in
           the
           Distribution
           of
           Ecclesiastical
           Benefices
           ,
           and
           not
           an
           Arithmetical
           ,
           i.
           e.
           A
           Regard
           ought
           to
           be
           had
           to
           the
           Merits
           and
           Capacities
           of
           Persons
           ;
           
           as
           a
           Commander
           hath
           more
           Pay
           than
           many
           common
           Souldiers
           ;
           but
           this
           
           reaches
           only
           to
           the
           Value
           ,
           and
           not
           to
           the
           Number
           of
           Benefices
           .
        
         
           But
           the
           Question
           still
           remains
           ,
           Whether
           a
           Legal
           Dispensation
           take
           not
           off
           the
           Obligation
           in
           Point
           of
           Conscience
           ,
           since
           it
           is
           allowed
           by
           Law
           ,
           and
           the
           Curate
           appointed
           by
           the
           Bishop
           ,
           who
           committed
           the
           Cure
           of
           Souls
           to
           him
           ?
        
         
           In
           answer
           to
           this
           ,
           we
           must
           consider
           ,
        
         
           1.
           
           That
           the
           Law
           proposes
           in
           Dispensations
           very
           allowable
           Ends
           ,
           as
           
             Publick
             Service
             ,
             Incouragement
             of
             Learning
             ,
             Reward
             of
             Merit
          
           ;
           and
           therefore
           
             Doctors
             by
             Favour
          
           have
           not
           the
           Privilege
           which
           others
           have
           ;
           and
           in
           case
           of
           Incompetency
           ,
           as
           it
           was
           then
           judged
           ,
           no
           Legal
           Dispensation
           was
           needful
           .
        
         
           2.
           
           Some
           Ancient
           Canons
           took
           care
           of
           the
           Supply
           of
           the
           Place
           by
           competent
           Persons
           ,
           and
           in
           that
           case
           abated
           the
           Rigour
           of
           the
           Canon
           .
           For
           
           Sirmondus
           saith
           in
           the
           Canon
           of
           the
           Council
           of
           Nantz
           ,
           
           against
           Pluralities
           ,
           this
           Clause
           was
           added
           ,
           
             Unless
             he
             hath
             Presbyters
             under
             him
             to
             supply
             the
             Duties
             of
             his
             Place
             :
          
           And
           the
           same
           Clause
           is
           in
           Regino
           ,
           
           
             l.
             1.
             c.
          
           254.
           and
           Regino
           puts
           it
           among
           the
           
             Articles
             of
             Enquiry
          
           ,
           as
           to
           the
           Clergy
           ,
           
           
             If
             any
             had
             more
             Churches
             than
             one
             without
             Presbyters
             to
             assist
             him
             .
          
           And
           in
           their
           old
           Admonition
           to
           them
           at
           Visitations
           it
           is
           to
           the
           same
           purpose
           ,
           but
           in
           others
           it
           is
           left
           out
           .
           
           Thomassin
           is
           of
           Opinion
           ,
           That
           the
           former
           Enquiry
           related
           to
           those
           who
           had
           Chapels
           ,
           and
           not
           to
           more
           Churches
           ;
           because
           then
           there
           were
           none
           that
           had
           Titles
           upon
           anothers
           Benefice
           ;
           but
           these
           Words
           are
           express
           as
           to
           more
           Churches
           .
           It
           's
           true
           ,
           there
           were
           no
           such
           Titles
           then
           ;
           for
           a
           Title
           in
           the
           old
           Canon
           Law
           ,
           was
           the
           Relation
           which
           a
           Clergyman
           stood
           in
           to
           the
           Bishop
           of
           his
           Diocess
           ,
           being
           one
           of
           his
           Clergy
           ;
           and
           so
           the
           
           
             Greek
             Canonists
          
           understand
           a
           Man
           's
           not
           being
           ordained
           
             without
             a
             Title
             ,
             and
             not
             having
             two
             Churches
             ;
             i.
             e.
          
           not
           to
           have
           Relation
           to
           two
           Diocesses
           ,
           and
           so
           
             sine
             Titulo
          
           ,
           is
           without
           being
           owned
           by
           some
           Bishop
           ;
           and
           this
           was
           that
           which
           they
           thought
           ought
           to
           be
           strictly
           observed
           ;
           
           and
           to
           which
           purpose
           many
           Canons
           were
           made
           ,
           
           both
           ancient
           and
           later
           ;
           
           and
           if
           any
           deserted
           their
           Bishop
           ,
           
           they
           were
           liable
           to
           Deprivation
           .
           
           Afterwards
           the
           Word
           ,
           
           Title
           ,
           came
           to
           be
           applied
           to
           parochial
           Churches
           ;
           
           but
           there
           were
           some
           who
           found
           out
           ,
           
           that
           the
           Ancient
           Canons
           had
           another
           Sense
           .
           
           Thence
           in
           the
           Council
           of
           Placentia
           in
           the
           
             Canon
             Sanctorum
             Dist.
             70.
             c.
          
           2.
           
           it
           was
           decreed
           ,
           
             That
             one
             might
             have
             two
             Churches
             in
             the
             same
             Diocess
             ,
             but
             not
             two
             Preferments
             in
             several
             Cathedrals
             .
          
           And
           in
           the
           Council
           of
           
             Clermont
             ,
             A.
             D.
          
           1095.
           the
           Reason
           is
           given
           ,
           
             because
             according
             to
             the
             Canons
             no
             Man
             
             could
             have-two
             Titles
          
           ;
           and
           every
           one
           was
           bound
           to
           hold
           to
           the
           Title
           to
           which
           he
           was
           first
           ordained
           .
           But
           after
           all
           ,
           
           the
           Council
           of
           Nantz
           shews
           plainly
           ,
           that
           more
           parochial
           Titles
           were
           then
           allowed
           ,
           if
           well
           provided
           for
           ,
           by
           such
           persons
           as
           the
           Bishop
           of
           the
           Diocess
           approved
           .
           Now
           this
           very
           much
           alters
           the
           State
           of
           the
           case
           ;
           for
           then
           the
           Obligation
           is
           Real
           ,
           and
           not
           Personal
           .
        
         
           3.
           
           It
           was
           agreed
           by
           the
           Ancient
           Canons
           ,
           
           That
           where
           there
           was
           an
           Incompetency
           of
           Maintenance
           ,
           
           they
           allowed
           an
           Union
           for
           support
           ;
           now
           that
           is
           but
           the
           Bishop's
           Act
           in
           joyning
           what
           had
           been
           divided
           ,
           supposing
           a
           sufficient
           Subsistence
           :
           And
           a
           reasonable
           Distance
           with
           the
           Bishop's
           Allowance
           ,
           hath
           the
           same
           Equity
           ;
           i.e.
           the
           Bishop's
           Act
           may
           unite
           two
           small
           Benefices
           for
           a
           Support
           ,
           not
           by
           a
           perpetual
           Union
           ,
           but
           so
           long
           as
           he
           sees
           cause
           ,
           which
           our
           Law
           doth
           
           still
           allow
           ,
           under
           such
           a
           Value
           .
           But
           it
           is
           rather
           a
           Dispensation
           than
           an
           Union
           ;
           for
           the
           Rights
           continue
           distinct
           .
           In
           the
           Court
           of
           Rome
           there
           were
           Prerogative
           Unions
           
             ad
             Vitam
          
           ,
           
           which
           were
           very
           scandalous
           ,
           and
           are
           owned
           by
           the
           best
           Canonists
           to
           be
           destructive
           of
           all
           Order
           ,
           
           and
           invented
           to
           defeat
           the
           Canons
           against
           Pluralities
           .
           
           But
           the
           Unions
           which
           the
           Law
           allows
           ,
           are
           only
           those
           where
           two
           distinct
           Benefices
           are
           made
           one
           for
           a
           competent
           Subsistence
           ;
           and
           then
           if
           the
           Union
           be
           reasonable
           ,
           the
           Dispensation
           within
           due
           Distance
           is
           so
           too
           .
           Balsamon
           saith
           ,
           
             In
             the
          
           Greek
           
             Church
             Pluralities
             are
             not
             forbidden
             ,
             if
             they
             be
             near
             ,
             and
             under
             the
             same
             Bishop
          
           ;
           but
           they
           did
           not
           allow
           the
           same
           Man
           to
           be
           under
           two
           Bishops
           .
           In
           the
           Capitulars
           that
           Clause
           is
           added
           ,
           
           That
           no
           Man
           shall
           have
           more
           Livings
           than
           one
           ,
           
             si
             Facultas
             suppetit
          
           ,
           if
           it
           affords
           a
           reasonable
           Subsistence
           .
        
         
         
           And
           therefore
           in
           case
           of
           Incompetency
           of
           Maintenance
           ,
           of
           a
           good
           Provision
           for
           Curates
           ,
           and
           of
           publick
           Service
           ,
           the
           Severity
           of
           the
           Ancient
           Canons
           is
           with
           Reason
           abated
           ,
           and
           a
           person
           is
           supposed
           to
           undertake
           the
           Cure
           ,
           with
           those
           Measures
           which
           the
           Law
           and
           Canons
           allow
           .
           But
           every
           Man
           who
           regards
           the
           doing
           his
           Duty
           out
           of
           Conscience
           ,
           will
           consider
           how
           much
           lies
           upon
           himself
           ;
           and
           that
           the
           original
           Intention
           of
           the
           Church
           and
           Laws
           ,
           was
           ,
           That
           no
           Man
           should
           undertake
           more
           than
           he
           was
           willing
           and
           ready
           to
           discharge
           ,
           as
           far
           as
           one
           Man's
           Abilities
           could
           go
           .
           For
           ,
           in
           great
           Cities
           ,
           one
           great
           Parish
           requires
           more
           than
           several
           Churches
           in
           the
           Countrey
           ;
           and
           in
           such
           Cases
           an
           equitable
           Construction
           must
           be
           put
           upon
           such
           Canons
           ,
           which
           require
           personal
           performance
           of
           these
           Duties
           .
        
      
       
         
         
           OF
           THE
           MAINTENANCE
           OF
           THE
           PAROCHIAL
           CLERGY
           ,
           BY
           LAW
           .
        
         
           THE
           Subject
           I
           intend
           now
           to
           consider
           ,
           is
           the
           Incouragement
           which
           the
           
             Parochial
             Clergy
          
           have
           by
           Law
           for
           the
           doing
           their
           Duties
           :
           Which
           are
           the
           Manse
           ,
           the
           Oblations
           ,
           and
           the
           Tithes
           .
        
         
           I.
           The
           Manse
           ,
           or
           House
           and
           Glebe
           .
           In
           the
           Canons
           of
           Egbert
           it
           is
           said
           ,
           Can.
           25.
           
           
           
             That
             an
             entire
             Manse
             ought
             to
             belong
             to
             every
             Church
             ,
             without
             any
             
             other
             than
             Ecclesiastical
             Service
             .
          
           By
           a
           Manse
           ,
           
           Mr.
           Selden
           saith
           ,
           in
           the
           old
           Charters
           the
           same
           is
           meant
           
             as
             a
             Casat
             or
             Hyde
             of
             Land.
          
           
           Bignonius
           and
           Sirmondus
           say
           ,
           
             So
             much
             Glebe
             as
             was
             an
             Imployment
             for
             an
             Husbandman
             and
             two
             Servants
             .
          
           
           Spelman
           saith
           ,
           
             It
             takes
             in
             the
             House
             too
             .
          
           
           Lyndwood
           saith
           ,
           
             As
             much
             Land
             as
             would
             Imploy
             a
             Yoke
             of
             Oxen
          
           ;
           and
           so
           the
           Gloss
           on
           the
           
             Canon
             Law.
          
           But
           in
           another
           place
           the
           Gloss
           saith
           ,
           
             The
             Manse
             is
             the
             original
             Endowment
             of
             the
             Church
             ,
          
           
           
             without
             which
             it
             cannot
             be
             supplied
             :
          
           and
           without
           which
           it
           could
           not
           be
           consecrated
           .
           
           For
           the
           Endowment
           was
           first
           to
           be
           produced
           before
           the
           Building
           ,
           
           
             Collatâ
             primitùs
             donatione
             solemni
          
           ,
           are
           the
           Words
           of
           the
           Canon
           Law.
           And
           the
           same
           appears
           by
           
             Concil
             .
             Valent.
             3.
             c.
             9.
             
             Concil
             .
             Bracar
             .
             2.
             c.
             5.
             
             Vit.
             Udalrici
             c.
             7.
             
             Regino
             l.
             1.
             c.
          
           23
           ,
           24.
           which
           is
           there
           explained
           to
           be
           
             a
             substantial
             Sustenance
          
           for
           those
           who
           were
           to
           attend
           the
           
           Service
           of
           that
           Church
           .
           And
           in
           the
           Acts
           of
           Consecration
           of
           a
           parochial
           Church
           in
           Baluzius
           ,
           
           the
           Bishop
           in
           the
           first
           place
           declares
           himself
           satisfied
           with
           the
           Endowment
           ,
           
             unde
             dignè
             domus
             Dei
             sustentaretur
          
           .
           And
           upon
           this
           the
           
             Original
             Right
             of
             Patronage
          
           was
           founded
           ,
           
           not
           upon
           
             the
             Soil
          
           ,
           which
           gave
           no
           Title
           ,
           where
           there
           was
           not
           a
           Church
           built
           and
           endowed
           with
           a
           competent
           Subsistence
           .
           So
           that
           all
           Advowsons
           or
           Rights
           of
           Presentation
           in
           private
           Patrons
           ,
           were
           at
           first
           Appendant
           to
           Manors
           ,
           and
           not
           
             in
             Gross
          
           ;
           because
           the
           Right
           came
           from
           the
           Endowment
           out
           of
           the
           Manor
           :
           And
           the
           Name
           of
           Patron
           in
           the
           Sense
           of
           the
           
             Feudal
             Law
          
           ,
           is
           the
           same
           with
           Lord
           of
           the
           Fee
           ,
           and
           so
           Beneficium
           is
           a
           Feudal
           Term
           ;
           and
           till
           the
           
             Feudal
             Law
          
           prevailed
           ,
           the
           Name
           of
           Patrom
           is
           rarely
           used
           in
           this
           Sense
           .
           And
           when
           it
           came
           to
           be
           used
           ,
           the
           Patrons
           in
           France
           would
           have
           brought
           
           those
           who
           had
           their
           Benefices
           to
           a
           kind
           of
           
             Feudal
             Service
          
           ,
           and
           to
           have
           received
           Investiture
           from
           them
           .
           This
           Mr.
           Selden
           drives
           at
           ,
           
           as
           though
           the
           Patrons
           had
           the
           Right
           of
           Investiture
           belonging
           to
           them
           ,
           because
           some
           such
           Practice
           is
           often
           complained
           of
           in
           the
           French
           Canons
           ,
           and
           as
           often
           condemned
           ,
           not
           meerly
           by
           Ecclesiastical
           Canons
           ,
           but
           by
           as
           good
           Laws
           as
           any
           were
           then
           made
           .
           It
           cannot
           be
           denied
           that
           bad
           Practices
           are
           the
           Occasion
           of
           making
           good
           Laws
           ;
           but
           doth
           it
           follow
           that
           those
           Practices
           which
           were
           against
           Law
           ,
           were
           the
           Law
           of
           that
           time
           ?
           Yet
           this
           is
           Mr.
           
           Selden's
           way
           of
           Arguing
           ;
           he
           grants
           ,
           
           
             That
             there
             were
             Laws
             made
             ,
             but
             they
             were
             little
             obeyed
             .
          
           Must
           we
           therefore
           conclude
           those
           illegal
           Practices
           to
           have
           been
           the
           standing
           Law
           ,
           and
           the
           Laws
           themselves
           to
           be
           illegal
           ?
           There
           were
           two
           things
           aimed
           at
           by
           those
           Patrons
           .
           1.
           
           To
           keep
           the
           Clergy
           
           in
           a
           sole
           Dependance
           on
           themselves
           ,
           witout
           Regard
           to
           the
           Bishop's
           Authority
           .
           2.
           
           To
           make
           such
           Bargains
           with
           them
           as
           they
           thought
           fit
           .
           Both
           these
           were
           thought
           necessary
           to
           be
           redressed
           by
           Laws
           ,
           since
           the
           Canons
           were
           slighted
           by
           them
           .
           And
           if
           the
           Practice
           be
           good
           against
           Law
           in
           one
           case
           ,
           why
           not
           in
           the
           other
           also
           ?
           Why
           is
           not
           Simony
           justified
           ,
           as
           well
           as
           the
           
           Patron
           's
           absolute
           Power
           over
           the
           Incumbents
           ?
           but
           the
           Laws
           were
           severe
           against
           both
           .
           For
           in
           the
           time
           of
           
             Lud.
             Pius
             ,
             A.
             D.
          
           816.
           there
           was
           a
           solemn
           Assembly
           of
           the
           Estates
           of
           the
           Empire
           ,
           where
           several
           Ecclesiastical
           Laws
           were
           passed
           ,
           and
           among
           the
           rest
           ,
           these
           two
           :
           
           1.
           
           
             That
             no
             Presbyters
             should
             be
             put
             in
             ,
          
           
           
             or
             put
             out
             of
             Churches
             ,
             without
             the
             Authority
             and
             Consent
             of
             the
             Bishops
             ;
             and
             that
             the
             Bishops
             should
             not
             refuse
             those
             who
             were
             presented
             ,
             if
             they
             were
          
           probabilis
           Vitae
           &
           Doctrinae
           ,
           i.e.
           
           such
           as
           the
           Bishops
           could
           not
           object
           against
           either
           for
           Life
           or
           Learning
           .
           2.
           
           
             That
             every
             Church
             should
             have
             an
             entire
          
           Manse
           
             belonging
             to
             it
             ,
             free
             from
             any
             Feudal
             Service
             ;
             but
             if
             they
             had
             other
             Estates
             of
             their
             own
             ,
             for
             them
             they
             were
             to
             answer
             to
             the
             Lords
             of
             the
             Manor
             ,
             as
             others
             did
             .
          
           And
           from
           hence
           this
           came
           into
           the
           Collections
           of
           Ivo
           ,
           
           
             Regino
             ,
             Burchardus
          
           ,
           and
           Gratian
           ,
           and
           passed
           for
           a
           Law
           generally
           received
           .
           
           As
           to
           the
           former
           ,
           a
           new
           Sanction
           was
           added
           to
           it
           in
           another
           Assembly
           at
           Worms
           ,
           
           
             A.
             D.
             829.
             c.
          
           1.
           and
           repeated
           in
           the
           Capitulars
           ,
           
           
             l.
             5.
             c.
             98.
             
             Addit
             .
             4.
             c.
          
           95.
           and
           the
           like
           as
           to
           the
           latter
           ,
           
             l.
             5.
             c.
             100.
             
             Capit.
             A.
             829.
             c.
          
           4.
           
        
         
           But
           it
           seems
           there
           were
           some
           still
           continued
           obstinate
           in
           their
           former
           Practices
           ,
           and
           therefore
           these
           Laws
           were
           reinforced
           in
           another
           Assembly
           ,
           
             A.
             D.
          
           869.
           in
           the
           time
           of
           
             Carolus
             Calvus
          
           ,
           who
           mentions
           the
           Laws
           of
           
           his
           Father
           and
           Grandfather
           to
           the
           same
           purpose
           ,
           c.
           9.
           and
           there
           takes
           notice
           of
           the
           Contrivances
           made
           use
           of
           to
           defeat
           the
           Intention
           of
           those
           Laws
           ;
           and
           the
           bottom
           of
           all
           is
           there
           said
           to
           be
           
             abominable
             Simony
          
           .
           Which
           shews
           ,
           what
           it
           was
           which
           these
           Patrons
           aimed
           at
           ,
           by
           claiming
           Investiture
           without
           the
           Bishop
           .
           And
           it
           was
           then
           judged
           necessary
           ,
           that
           the
           Bishop's
           Consent
           was
           required
           to
           prevent
           this
           Mischief
           .
           But
           still
           some
           Patrons
           required
           
             Feudal
             Service
          
           for
           the
           Glebe
           they
           had
           given
           to
           the
           Church
           ;
           but
           the
           Law
           commands
           them
           to
           restore
           it
           free
           from
           such
           Service
           ,
           
             Capit
             l.
             5.
             c.
          
           100.
           
           
           
             Addit
             .
             l.
             4.
             c.
          
           98
           ,
           163.
           
           And
           after
           much
           struggling
           ,
           Hinomarus
           ,
           who
           lived
           at
           that
           time
           ,
           saith
           ,
           
             That
             these
             Laws
             were
             observed
          
           .
           The
           
           Patron
           's
           Right
           by
           Virtue
           of
           the
           Endowment
           ,
           was
           not
           disputed
           ;
           but
           an
           Arbitrary
           Power
           ,
           as
           to
           the
           Incumbents
           ,
           was
           utterly
           denied
           them
           ;
           and
           they
           were
           put
           under
           
           the
           Bishop's
           Care
           ,
           who
           was
           to
           receive
           Complaints
           against
           them
           ,
           and
           to
           proceed
           according
           to
           the
           Churches
           Canons
           .
           But
           I
           am
           apt
           to
           think
           that
           all
           this
           stir
           in
           France
           did
           not
           arise
           from
           the
           pretence
           of
           Original
           Donation
           and
           Endowment
           of
           Churches
           ,
           but
           from
           the
           Infeodation
           of
           
             Church
             Lands
          
           and
           Titles
           ,
           by
           
             Charles
             Martel
          
           (
           as
           an
           old
           MS.
           
           in
           Filesacus
           saith
           )
           and
           others
           in
           France
           ,
           whose
           Custom
           it
           was
           
             to
             give
             them
             in
             Recompence
             to
             their
             Souldiers
             ,
          
           
           who
           then
           looked
           on
           them
           as
           their
           own
           ,
           
           and
           were
           hardly
           brought
           to
           any
           reasonable
           Allowance
           for
           the
           Clergy
           which
           supplied
           them
           .
           These
           were
           called
           Beneficia
           in
           the
           Capitulars
           ,
           
           and
           they
           were
           to
           pay
           
             Nonae
             &
             Decimae
          
           ,
           i.e.
           a
           Fifth
           Part
           out
           of
           them
           ,
           which
           was
           obtained
           with
           much
           Difficulty
           ,
           as
           appears
           by
           the
           many
           Laws
           made
           about
           them
           .
           
           In
           the
           Council
           at
           
             Leptins
             ,
             A.D.
             
             743.
             
             Carolomannus
             ,
          
           son
           to
           
           
             Charles
             Martel
          
           ,
           owns
           the
           letting
           out
           some
           of
           the
           Church
           Lands
           
             sub
             Precario
             &
             Censu
          
           ,
           upon
           a
           reserved
           Rent
           ,
           
             Can.
             2.
             
             Capit.
             l.
             5.
             c.
          
           3.
           but
           then
           it
           was
           barely
           for
           Life
           .
           But
           the
           consequence
           was
           ,
           That
           it
           was
           very
           hard
           to
           recover
           either
           the
           Lands
           or
           the
           reserved
           Rents
           ,
           and
           they
           put
           in
           Clergy-men
           ,
           and
           put
           them
           out
           as
           they
           pleased
           ,
           because
           they
           held
           these
           Lands
           as
           Beneficiary
           Tenures
           from
           the
           Crown
           .
           So
           that
           it
           was
           the
           Work
           of
           more
           than
           an
           Age
           to
           put
           the
           Church
           there
           in
           any
           tolerable
           Condition
           .
           But
           this
           seems
           to
           be
           very
           much
           mistaken
           ,
           when
           it
           is
           brought
           to
           prove
           the
           Right
           of
           Patronage
           from
           the
           Endowment
           ,
           as
           to
           the
           Disposal
           of
           Benefices
           .
        
         
           But
           the
           Right
           of
           Patronage
           by
           the
           first
           building
           and
           endowing
           the
           Church
           ,
           is
           owned
           by
           the
           Civil
           Law
           in
           
           Iustinian's
           
             Novels
             ,
             123.
             c.
          
           18.
           and
           Two
           Things
           were
           there
           required
           ;
           1.
           
           A
           sufficient
           Maintenance
           for
           the
           
           Clergy
           who
           were
           nominated
           .
           2.
           
           The
           Bishop's
           Satisfaction
           as
           to
           their
           Fitness
           ;
           about
           which
           he
           speaks
           in
           another
           
             Novel
             ,
             56.
             
             Tit.
             12.
             c.
          
           2.
           
           And
           he
           elsewhere
           requires
           ,
           that
           before
           any
           Churches
           were
           built
           ,
           the
           Bishop
           should
           see
           that
           there
           were
           sufficient
           Maintenance
           for
           those
           who
           were
           to
           officiate
           ,
           
             Novel
             ,
             66.
             
             Tit.
          
           22.
           
        
         
           The
           same
           Right
           obtained
           here
           upon
           the
           same
           Grounds
           ,
           as
           appears
           by
           the
           Barons
           Answer
           to
           Gregory
           IX
           .
           who
           affirm
           ,
           That
           they
           had
           it
           ever
           since
           Christianity
           was
           founded
           here
           .
           They
           mean
           ,
           ever
           since
           parochial
           Churches
           were
           endowed
           by
           their
           Ancestors
           ;
           for
           there
           could
           be
           no
           such
           Right
           of
           Patronage
           before
           .
           And
           such
           Patrons
           were
           here
           called
           
             Advocati
             Ecclesiae
          
           ,
           as
           appears
           by
           
             Ioh.
             Sarisbur
             .
             Ep.
          
           6.
           119.
           and
           the
           
             Ius
             Advocationis
          
           ,
           as
           our
           Lawyers
           tell
           us
           ,
           
           is
           a
           Right
           which
           a
           Person
           hath
           to
           present
           to
           a
           vacant
           Benefice
           in
           his
           own
           
           Name
           ;
           which
           is
           agreeable
           to
           what
           Bracton
           and
           Fleta
           had
           said
           long
           before
           .
        
         
           But
           it
           doth
           not
           appear
           by
           them
           how
           the
           Names
           of
           Patron
           and
           Advocate
           came
           to
           be
           so
           applied
           .
           Among
           the
           Romans
           ,
           saith
           
             Asconius
             Pedianus
          
           ,
           the
           Patron
           was
           he
           that
           pleaded
           the
           cause
           of
           another
           ;
           the
           Advocate
           ,
           he
           that
           appeared
           in
           Court
           on
           his
           behalf
           .
           But
           this
           doth
           not
           reach
           to
           the
           
             Ius
             Advocationis
          
           which
           we
           are
           now
           about
           .
           In
           the
           Ninety
           seventh
           Canon
           of
           the
           
             African
             Code
          
           ,
           an
           Allowance
           is
           made
           for
           the
           Churches
           to
           have
           Advocates
           to
           solicite
           their
           Causes
           at
           Court.
           
           From
           hence
           the
           greater
           Churches
           and
           Monasteries
           had
           their
           proper
           Advocates
           appointed
           them
           by
           the
           King
           ,
           
           as
           Bignonius
           observes
           ;
           and
           in
           the
           old
           Charters
           of
           
             Aub.
             Miraeus
          
           ,
           several
           such
           Advocates
           are
           appointed
           ;
           and
           it
           appears
           to
           have
           been
           an
           honorary
           Title
           ,
           and
           
           great
           Men
           were
           pleased
           with
           it
           .
           Miraeus
           faith
           ,
           
           it
           was
           accounted
           
             a
             considerable
             Honour
          
           at
           that
           time
           .
           And
           so
           by
           degrees
           the
           Founders
           of
           Parochial
           Churches
           came
           to
           have
           the
           Title
           of
           Patrons
           and
           Advocates
           of
           them
           ;
           and
           the
           Right
           they
           injoyed
           ,
           the
           Right
           of
           Advowson
           as
           well
           as
           Patronage
           (
           not
           as
           some
           ridiculously
           talk
           of
           
             Advocat
             se
          
           ,
           
           or
           
             Advocat
             alium
          
           )
           because
           the
           Trust
           and
           Care
           of
           those
           Churches
           ,
           endowed
           by
           their
           Ancestors
           ,
           was
           fallen
           to
           them
           ,
           and
           they
           were
           bound
           to
           look
           after
           ,
           
           and
           to
           defend
           the
           Rights
           of
           them
           ;
           and
           so
           Lyndwood
           explains
           it
           .
        
         
           II.
           The
           next
           thing
           to
           be
           considered
           ,
           is
           the
           Oblations
           of
           the
           People
           ,
           which
           in
           those
           elder
           times
           were
           so
           free
           and
           large
           ,
           that
           (
           which
           may
           seem
           incredible
           now
           )
           there
           were
           Persons
           who
           would
           build
           Churches
           on
           their
           own
           Land
           to
           have
           a
           Share
           
           in
           the
           Oblations
           ,
           as
           is
           affirmed
           in
           one
           of
           the
           Spanish
           Councils
           ,
           
           and
           there
           forbidden
           with
           great
           Severity
           .
           It
           was
           not
           ,
           
           as
           the
           Gloss
           on
           the
           Canon
           Law
           understands
           it
           ,
           to
           make
           a
           Bargain
           for
           the
           Right
           of
           Patronage
           ,
           but
           it
           is
           expressed
           to
           have
           an
           equal
           Share
           with
           the
           Clergy
           in
           the
           Oblations
           of
           the
           People
           .
        
         
           It
           is
           observed
           by
           Agabardus
           ,
           
           
             That
             the
             Devotion
             of
             Persons
             in
             the
             first
             Ages
             was
             so
             great
             ,
             that
             there
             was
             no
             need
             to
             make
             Laws
             or
             Canons
             for
             the
             Supplies
             of
             Churches
             ,
             since
             they
             were
             so
             amply
             provided
             for
             by
             the
             Liberality
             of
             the
             People
             .
          
           Thence
           we
           read
           of
           the
           
             Deposita
             pietatis
          
           in
           Tertullian
           ,
           
           which
           were
           
             voluntary
             Oblations
          
           ;
           and
           out
           of
           which
           were
           made
           
             Divisiones
             Mensurnae
          
           in
           S.
           Cyprian
           ,
           
           and
           the
           Sportulae
           ,
           which
           were
           the
           Allowances
           made
           to
           the
           Clergy
           out
           of
           the
           common
           Stock
           ;
           and
           they
           who
           received
           them
           ,
           and
           not
           those
           who
           gave
           them
           (
           as
           Mr.
           
           Selden
           fancies
           )
           were
           called
           
             Sportulantes
             Fratres
          
           ;
           and
           the
           Allowances
           were
           then
           stiled
           
             Stipes
             &
             Oblationes
          
           ,
           
           which
           were
           so
           considerable
           ,
           that
           St.
           Cyprian
           blamed
           some
           for
           their
           setting
           their
           Hearts
           too
           much
           upon
           them
           ;
           
           
             Stipes
             ,
             Oblationes
             ,
             Lucra
             desiderant
             ,
             quibus
             prius
             insatiabiles
             incubabant
          
           ;
           which
           could
           not
           be
           said
           of
           any
           meer
           necessary
           Subsistence
           ;
           these
           they
           received
           
             tanquam
             Decimas
             ex
             fructibus
          
           ,
           as
           St.
           Cyprian
           speaks
           ,
           in
           lieu
           of
           Tithes
           at
           that
           time
           ,
           when
           the
           most
           of
           the
           Christian
           Church
           inhabited
           the
           Cities
           ,
           and
           gave
           out
           of
           their
           Stock
           to
           maintain
           the
           Church
           ,
           and
           those
           who
           attended
           upon
           the
           Service
           of
           it
           .
           But
           when
           Christianity
           came
           to
           spread
           into
           the
           Countries
           ,
           then
           a
           more
           fixed
           and
           settled
           Maintenance
           was
           required
           ,
           but
           so
           as
           to
           retain
           somewhat
           of
           the
           Ancient
           Custom
           in
           
             voluntary
             Oblations
          
           .
        
         
         
           
             No
             sooner
             was
             Christianity
             settled
             in
          
           France
           ,
           
             but
             we
             read
             of
             Lands
             given
             to
             the
             Church
             by
          
           Clodovaeus
           
             after
             his
             Conversion
             ;
             these
             are
             owned
             by
             the
             first
             Council
             of
          
           Orleans
           
             called
             in
             his
             time
          
           ,
           A.
           D.
           511.
           and
           were
           put
           into
           the
           Bishop's
           Hands
           ,
           and
           to
           be
           distributed
           by
           him
           for
           Repairs
           of
           Churches
           ,
           Maintenance
           of
           the
           Clergy
           ,
           and
           other
           pious
           Uses
           ,
           Can.
           5.
           14
           ,
           15.
           
           
             But
             besides
             these
             ,
             we
             read
             still
             of
          
           Oblations
           
             made
             by
             the
             people
             on
             the
             Altar
             ,
             both
             in
             the
          
           Mother-Church
           ,
           
             and
             in
          
           Parochial
           Churches
           .
           If
           in
           the
           Mother-Church
           one
           Moiety
           went
           to
           the
           Bishop
           ,
           the
           other
           to
           the
           Clergy
           ;
           if
           in
           the
           other
           ,
           only
           the
           third
           Part
           to
           the
           Bishop
           .
        
         
           In
           the
           second
           Council
           of
           
             Mascon
             ,
             Can.
          
           4.
           we
           find
           it
           required
           ,
           That
           
             all
             the
             People
             make
             an
             Oblation
             of
             Bread
             and
             Wine
             at
             the
             Altar
          
           ;
           and
           this
           was
           
             A.
             D.
          
           585.
           but
           besides
           ,
           the
           next
           Canon
           insists
           on
           the
           Payment
           of
           Tithes
           ,
           as
           founded
           on
           
             the
             Law
             of
             God
          
           ,
           and
           
           the
           
             Ancient
             Custom
             of
             the
             Church
          
           ,
           which
           is
           thereby
           reinforced
           ;
           
             unde
             statuimus
             &
             decernimus
             ut
             mos
             antiquus
             reparetur
          
           ;
           which
           Words
           are
           not
           fairly
           left
           out
           by
           Mr.
           Selden
           ,
           
           because
           they
           shew
           that
           there
           was
           only
           in
           this
           Canon
           
             a
             renewing
             of
             an
             Ancient
             Custom
             ,
          
           which
           had
           obtained
           ,
           but
           was
           now
           growing
           into
           Disuse
           .
           For
           this
           Council
           of
           Mascon
           was
           called
           on
           purpose
           to
           restore
           what
           they
           found
           too
           much
           declining
           ,
           as
           to
           Religion
           ;
           and
           they
           begin
           with
           the
           Observation
           of
           the
           Lord's
           Day
           ,
           and
           after
           ,
           add
           this
           ,
           wherein
           they
           complain
           of
           
             the
             Neglect
             of
             that
             which
             their
             Predecessors
             observed
             ,
             as
             founded
             on
             the
             Law
             of
             God.
          
           So
           that
           there
           can
           be
           no
           doubt
           of
           the
           Custom
           of
           paying
           Tithes
           in
           France
           ,
           from
           the
           time
           of
           receiving
           Christianity
           ;
           and
           that
           this
           Custom
           declined
           as
           their
           Religion
           did
           .
           In
           the
           Council
           of
           Nantz
           ,
           about
           
             A.
             D.
             658.
          
           
           Oblations
           and
           Tithes
           are
           mentioned
           
           together
           ,
           c.
           10.
           as
           making
           up
           the
           Churches
           Stock
           ,
           which
           was
           to
           be
           divided
           into
           Four
           Parts
           ,
           to
           the
           Bishop
           ,
           and
           to
           the
           Clergy
           ,
           and
           to
           Repairs
           ,
           and
           to
           the
           Poor
           .
        
         
           But
           besides
           the
           Oblations
           of
           the
           Living
           ,
           it
           was
           then
           common
           to
           make
           Oblations
           at
           their
           Death
           ;
           and
           these
           were
           called
           
             Oblationes
             defunctorum
          
           ,
           and
           severe
           Canons
           were
           made
           against
           the
           Detainers
           of
           them
           ,
           
             Concil
             .
             Vas.
             I.
             c.
             4.
             
             Agath
             .
             c.
             4
             ,
             13.
             
             Q.
             2
             ,
             9
             ,
             10
             ,
          
           11.
           
           And
           so
           much
           appears
           by
           those
           Canons
           which
           forbid
           Exactions
           at
           Funerals
           ,
           
             Concil
             .
             Tribur
             .
             c.
             16.
             
             Nannet
             .
             c.
          
           6.
           where
           an
           Exception
           is
           made
           as
           to
           voluntary
           Gifts
           ,
           either
           by
           the
           Parties
           deceased
           ,
           or
           by
           the
           Executors
           .
           But
           here
           ,
           in
           the
           Saxon
           times
           there
           was
           a
           Funeral
           Duty
           to
           be
           paid
           ,
           called
           
             Pecunia
             sepulchralis
             &
             Symbolum
             Animae
          
           ,
           and
           a
           
             Saxon
             Soul-shot
          
           ;
           this
           is
           required
           by
           the
           Council
           at
           Aenham
           ,
           
           and
           inforced
           by
           the
           Laws
           
           of
           
             Canutus
             ,
             c.
          
           14.
           and
           was
           due
           to
           the
           Church
           the
           Party
           deceased
           belonged
           to
           ,
           whether
           he
           were
           there
           buried
           or
           not
           .
           Some
           take
           this
           for
           the
           Foundation
           of
           Mortuaries
           ;
           but
           then
           the
           Money
           must
           be
           turned
           into
           Goods
           .
           For
           in
           
           Glanvil's
           time
           ,
           
           a
           Freeholder
           is
           allowed
           to
           make
           his
           Will
           of
           other
           things
           ,
           provided
           that
           he
           give
           his
           first
           best
           thing
           to
           his
           Lord
           ,
           and
           his
           second
           to
           the
           Church
           .
           And
           this
           was
           not
           originally
           
             pro
             Animâ
             defuncti
          
           ,
           as
           Lyndwood
           thinks
           ,
           from
           the
           Modern
           Canonists
           
             De
             Consecrat
             .
             c.
          
           12.
           but
           it
           was
           a
           Right
           of
           the
           Church
           settled
           on
           the
           Decease
           of
           a
           Member
           of
           it
           ,
           as
           appears
           by
           the
           Law
           of
           Canutus
           .
           Others
           have
           said
           ,
           That
           it
           was
           in
           lieu
           of
           Tithes
           substracted
           ,
           and
           Oblations
           not
           duly
           made
           .
           So
           
             Simon
             Langham
          
           in
           his
           Constitution
           about
           Mortuaries
           ,
           which
           was
           made
           to
           explain
           a
           former
           Constitution
           of
           
             Robert
             Winchelsee
          
           ,
           because
           the
           People
           were
           observed
           
           not
           to
           pay
           their
           Tithes
           and
           Oblations
           as
           they
           ought
           .
           But
           he
           did
           not
           go
           about
           to
           settle
           a
           Right
           which
           had
           not
           been
           before
           ,
           but
           to
           prevent
           Suits
           about
           that
           which
           was
           to
           be
           taken
           for
           a
           Mortuary
           ;
           and
           he
           declares
           ,
           That
           where
           there
           was
           a
           choice
           of
           Three
           or
           more
           ,
           the
           Second
           was
           to
           be
           for
           the
           Mortuary
           ,
           
             De
             Sepult
             .
             f.
             93.
             b.
          
           So
           that
           
             R.
             Winchelsee
          
           supposes
           it
           to
           be
           an
           ancient
           Right
           .
           Indeed
           in
           the
           
             Cotton
             MS.
          
           
           of
           the
           Council
           of
           Merton
           ,
           where
           this
           Constitution
           is
           extant
           ,
           the
           Reason
           is
           given
           ,
           That
           it
           was
           required
           by
           way
           of
           Compensation
           for
           the
           Neglect
           of
           Tithes
           and
           Oblations
           .
           In
           the
           Synod
           of
           Winchester
           ,
           in
           his
           time
           ,
           a
           Constitution
           is
           made
           for
           the
           Uniform
           Payment
           of
           Mortuaries
           in
           that
           Diocess
           ,
           the
           second
           best
           of
           the
           Goods
           or
           Chattels
           was
           to
           be
           paid
           in
           lieu
           of
           Tithes
           unpaid
           .
           
           In
           the
           Synod
           of
           Exeter
           of
           
             Pet.
             Quivil
             ,
             15
             E.
          
           1.
           
           the
           Reason
           is
           given
           for
           
           the
           Neglect
           of
           all
           parochial
           Duties
           ;
           but
           there
           it
           is
           said
           ,
           That
           some
           pleaded
           Custom
           against
           the
           Payment
           of
           them
           ,
           and
           others
           ,
           as
           to
           the
           Manner
           ;
           and
           although
           this
           Council
           endeavoured
           to
           settle
           an
           Uniform
           Payment
           ,
           yet
           the
           Statute
           of
           
             Circumspectè
             agatis
          
           ,
           leaves
           the
           whole
           Matter
           to
           Custom
           ,
           
             ubi
             Mortuarium
             dari
             consuevit
          
           .
           
           From
           whence
           my
           Lord
           Coke
           inferrs
           ,
           That
           
             there
             is
             no
             Mortuary
             due
             by
             Law
             ,
             but
             only
             by
             Custom
             .
          
           The
           true
           Inference
           was
           ,
           That
           the
           contrary
           Custom
           had
           altered
           the
           Law
           from
           what
           it
           was
           in
           the
           times
           of
           Canutus
           and
           Glanvil
           .
           But
           that
           the
           prevailing
           Custom
           became
           the
           standing
           Law
           ,
           as
           to
           Mortuaries
           ,
           appears
           by
           the
           Statute
           of
           21
           
             H.
             8.
             c.
          
           6.
           which
           limits
           the
           Payment
           where
           the
           Custom
           continued
           ,
           but
           allows
           Liberty
           for
           
             Free
             Oblations
          
           :
           And
           this
           
             Free
             Oblation
          
           was
           then
           called
           
             Cors
             presentè
          
           ,
           and
           was
           distinct
           from
           the
           Mortuary
           in
           
           lieu
           of
           Tithes
           ,
           as
           appears
           by
           the
           Instances
           in
           Sir
           
             W.
             Dugdale
          
           .
           
           But
           I
           return
           to
           other
           Oblations
           ,
           which
           Lyndwood
           distinguisheth
           into
           those
           
             by
             way
             of
             Gift
          
           ,
           and
           such
           as
           became
           due
           .
           For
           these
           latter
           ,
           he
           insists
           on
           
             c.
             Omnis
             christianus
          
           in
           the
           Canon
           Law
           ,
           
             De
             Consecr
             .
             D.
             1.
             c.
          
           69.
           which
           requires
           that
           every
           one
           who
           approaches
           the
           Altar
           ,
           make
           some
           Oblation
           .
           Where
           the
           Gloss
           saith
           ,
           it
           is
           but
           Counsel
           at
           other
           times
           ,
           but
           a
           Command
           on
           the
           Festivals
           .
           For
           this
           16
           
             Q.
             1.
             c.
          
           55.
           is
           produced
           ,
           
             quas
             populus
             dare
             debet
          
           ;
           but
           it
           is
           there
           interpreted
           of
           the
           case
           of
           Necessity
           :
           Hostiensis
           thinks
           all
           are
           obliged
           on
           great
           Festivals
           ,
           and
           that
           the
           general
           Custom
           lays
           an
           Obligation
           ;
           but
           Lyndwood
           thinks
           the
           Custom
           of
           particular
           Churches
           is
           to
           be
           observed
           .
        
         
           In
           the
           Synod
           of
           Exter
           before-mentioned
           ,
           
           Oblations
           are
           said
           to
           be
           of
           Divine
           Right
           ,
           and
           that
           every
           Parishioner
           is
           obliged
           to
           make
           them
           ;
           
           but
           the
           Time
           is
           limited
           to
           
             Christmas
             ,
             Easter
          
           ,
           the
           
             Saints-day
             of
             the
             Church
             and
             the
             Dedication
             ,
          
           or
           All-Saints
           .
           So
           that
           four
           times
           in
           the
           Year
           they
           were
           required
           to
           make
           Oblations
           after
           the
           Age
           of
           Fourteen
           .
           And
           so
           Giles
           ,
           Bishop
           of
           Sarum
           ,
           
           
             debent
             offerre
             ex
             debito
             quater
             in
             anno
             .
          
        
         
           In
           the
           Synod
           of
           Winchester
           ,
           none
           were
           so
           obliged
           till
           Eighteen
           ,
           
           and
           having
           Goods
           of
           their
           own
           .
        
         
           But
           I
           observe
           ,
           that
           in
           the
           ancient
           Canons
           here
           ,
           by
           the
           Oblations
           ,
           such
           things
           were
           then
           understood
           ,
           as
           were
           for
           the
           Support
           of
           the
           Clergy
           :
           Thence
           several
           Canons
           were
           made
           against
           those
           who
           turned
           them
           another
           way
           .
           So
           in
           the
           Council
           of
           London
           under
           Archbishop
           Stratford
           ,
           
           Oblations
           are
           declared
           to
           belong
           only
           to
           
             Ecclesiastical
             Persons
          
           .
           
           And
           so
           Lyndwood
           saith
           ,
           
           The
           Goods
           of
           the
           Church
           are
           called
           Oblations
           .
           And
           in
           case
           the
           Mother-Church
           were
           appropriated
           ,
           
           the
           Oblations
           and
           Obventions
           made
           in
           the
           Chapel
           of
           Ease
           ,
           
           did
           not
           belong
           to
           the
           Convent
           ,
           but
           to
           the
           Persons
           who
           officiated
           there
           .
           These
           were
           called
           by
           the
           Name
           of
           the
           Altarage
           ,
           and
           were
           generally
           expressed
           under
           that
           Name
           in
           the
           Endowment
           of
           Vicarages
           ;
           but
           when
           these
           were
           too
           small
           for
           the
           Maintenance
           of
           the
           Vicar
           ,
           those
           small
           Tithes
           which
           were
           joyned
           with
           them
           ,
           were
           comprehended
           under
           that
           Name
           ;
           and
           so
           it
           hath
           been
           resolved
           in
           the
           Courts
           of
           Law
           upon
           a
           solemn
           Hearing
           .
           
        
         
           
             Iohn
             de
             Burgo
          
           ,
           in
           his
           
             Pupilla
             Oculi
          
           ,
           speaking
           of
           Oblations
           ,
           saith
           ,
           That
           persons
           may
           be
           bound
           to
           them
           four
           Ways
           :
        
         
           1.
           
           By
           Contract
           upon
           the
           Foundation
           of
           the
           Church
           ,
           which
           amounts
           only
           to
           a
           Pension
           upon
           Endowment
           .
        
         
         
           2.
           
           By
           Promise
           either
           living
           or
           dying
           .
        
         
           3.
           
           By
           Necessity
           ,
           when
           the
           parochial
           Minister
           cannot
           be
           supported
           without
           it
           .
        
         
           4.
           
           By
           Custom
           ,
           
           in
           the
           greater
           Solemnities
           ;
           but
           he
           saith
           ,
           the
           Proportion
           and
           Kind
           are
           left
           to
           Discretion
           ;
           which
           made
           Oblations
           sink
           so
           low
           ,
           that
           the
           parochial
           Clergy
           must
           have
           starved
           ,
           if
           they
           had
           nothing
           else
           to
           support
           them
           .
        
         
           But
           besides
           these
           ,
           he
           mentions
           
             Occasional
             Oblations
          
           upon
           particular
           Services
           ,
           as
           at
           
             Marriages
             ,
             Christenings
             ,
             Funerals
          
           ,
           &c.
           concerning
           which
           we
           have
           several
           Constitutions
           against
           those
           who
           went
           about
           to
           hinder
           them
           ,
           
           or
           to
           reduce
           them
           to
           a
           small
           Quantity
           .
           The
           Easter-Offerings
           are
           none
           of
           these
           Voluntary
           Oblations
           ,
           
           but
           a
           Composition
           for
           
             Personal
             Tithes
          
           payable
           at
           that
           time
           ;
           of
           which
           I
           may
           have
           occasion
           to
           speak
           more
           afterwards
           .
           But
           in
           
           the
           Saxon
           times
           here
           were
           other
           sorts
           of
           Oblations
           ;
           As
           (
           1
           )
           the
           Cyrycsceat
           or
           First-fruits
           of
           Corn
           payable
           at
           S.
           
             Martin's
             day
             ,
             Ina
             LL.
             4.
             62.
             
             Edmund
             .
             c.
          
           2.
           and
           is
           often
           mentioned
           in
           Doomsday-book
           ,
           and
           in
           
             Fleta
             l.
             2.
             c.
             47.
             
             Malmsb.
             l.
             2.
             c.
          
           11.
           and
           the
           Oblation
           of
           Poultrey
           at
           Christmas
           is
           mentioned
           in
           Doomsday
           ,
           under
           that
           Title
           .
           (
           2.
           )
           There
           was
           here
           another
           kind
           of
           Oblation
           called
           Plow-Alms
           ,
           which
           was
           a
           Peny
           for
           every
           Plow
           between
           Easter
           and
           Whitsontide
           .
           This
           is
           mentioned
           in
           the
           Laws
           of
           King
           Ethelred
           ,
           
           and
           required
           to
           be
           paid
           Fifteen
           days
           after
           Easter
           ,
           although
           it
           be
           called
           
             Eleemosyna
             Aratralis
          
           .
           In
           the
           Endowment
           of
           the
           Vicarage
           of
           S.
           
             Ives
             ,
             Plow-Alms
          
           is
           mentioned
           besides
           the
           Altarage
           and
           Obventions
           .
           
        
         
           But
           all
           these
           Oblations
           made
           a
           very
           poor
           Subsistence
           for
           the
           Parochial
           Clergy
           .
        
         
         
           III.
           And
           therefore
           I
           come
           to
           the
           main
           Legal
           Support
           of
           the
           Parochial
           Clergy
           ,
           which
           is
           in
           Tithes
           .
           Concerning
           which
           I
           shall
           proceed
           in
           this
           Method
           ;
        
         
           I.
           To
           consider
           the
           Foundation
           in
           Law
           which
           they
           stand
           upon
           .
        
         
           II.
           The
           Rules
           of
           Law
           which
           are
           to
           be
           observed
           about
           them
           .
        
         
           
             I.
             As
             to
             the
          
           Foundation
           
             they
             stand
             upon
             in
             point
             of
             Law.
             My
             Lord
          
           Coke
           
             not
             only
             saith
          
           ,
           
           That
           the
           Parochial
           Right
           of
           Tithes
           is
           established
           by
           divers
           Acts
           of
           Parliament
           ;
           
             but
             he
             mentions
          
           the
           Saxon
           Laws
           
             before
             the
             Conquest
          
           for
           the
           Payment
           of
           Tithes
           of
           Edward
           and
           Gathrun
           ,
           Ethelstan
           ,
           Edmund
           ,
           Edgar
           ,
           Canutus
           ,
           
             and
             King
          
           Edward
           '
           
             s
             ,
             confirmed
             by
          
           William
           I.
           
           Hobart
           
             saith
             ,
             That
          
           Tithes
           are
           things
           of
           common
           Right
           ,
           and
           do
           of
           Right
           belong
           to
           the
           Church
           .
           And
           since
           Parishes
           were
           erected
           ,
           they
           
           are
           due
           to
           the
           Parson
           (
           except
           in
           spiritual
           regular
           Cases
           )
           or
           Vicar
           of
           the
           Parish
           .
        
         
           
             In
             the
          
           Register
           of
           Writs
           ,
           
             a
             Book
             of
             great
             Authority
          
           ,
           
           
             there
             is
             a
             Writ
             of
             Consultation
             for
             Tithes
             ,
             wherein
             they
             are
             owned
          
           to
           be
           of
           common
           Right
           ,
           as
           well
           as
           immemorial
           Custom
           ,
           due
           to
           the
           Rector
           within
           the
           Limits
           of
           his
           Parish
           .
        
         
           
             Lord
             Chief
             Justice
          
           Dyer
           saith
           ,
           
           That
           Tithes
           can
           never
           be
           extinguished
           ,
           because
           they
           are
           of
           common
           Right
           .
        
         
           The
           same
           is
           affirmed
           by
           Justice
           Dodderidge
           in
           the
           Case
           of
           Fosse
           and
           Parker
           .
           
        
         
           In
           Pieddle
           and
           
           Napper's
           Case
           ,
           
           Tithes
           are
           said
           to
           be
           an
           Ecclesiastical
           Inheritance
           collateral
           to
           the
           Estate
           in
           Land
           ,
           and
           of
           their
           own
           Nature
           due
           to
           an
           Ecclesiastical
           Person
           :
           And
           ,
           That
           
             all
             Lands
             of
             common
             Right
             are
             to
             pay
             Tithes
             .
          
           Therefore
           it
           is
           said
           by
           Hobart
           in
           
           Slade's
           Case
           ,
           
           
           That
           
             no
             Land
             can
             be
             discharged
             of
             Tithes
             ,
             although
             it
             may
             be
             discharged
             of
             the
             actual
             Payment
             .
          
        
         
           In
           
           Popham's
           Reports
           we
           read
           ,
           
           That
           
             it
             is
             a
             Maxim
             in
             Law
             ,
             that
             all
             Persons
             ought
             to
             pay
             Tithes
             ,
          
           
           
             and
             all
             Lands
             shall
             be
             charged
             with
             them
             of
             common
             Right
             .
          
           So
           that
           if
           the
           Judgment
           of
           some
           of
           the
           greatest
           Men
           of
           the
           Profession
           may
           be
           taken
           ,
           nothing
           can
           be
           more
           clear
           and
           evident
           than
           the
           Legal
           Right
           of
           Tithes
           .
           But
           it
           falls
           out
           unhappily
           among
           us
           ,
           that
           nothing
           hath
           been
           the
           Occasion
           of
           so
           much
           Difference
           and
           Contention
           between
           the
           Incumbents
           and
           their
           Parishioners
           ,
           than
           the
           Point
           of
           the
           Payment
           of
           Tithes
           .
           So
           that
           some
           have
           wished
           them
           changed
           into
           some
           other
           way
           of
           Maintenance
           ;
           but
           I
           cannot
           see
           any
           Reason
           why
           so
           ancient
           ,
           so
           legal
           ,
           so
           just
           a
           Maintenance
           should
           be
           changed
           into
           any
           other
           ,
           which
           would
           less
           answer
           the
           End
           ,
           
           and
           be
           liable
           to
           as
           many
           Difficulties
           ,
           if
           not
           far
           more
           ;
           but
           every
           Change
           of
           this
           kind
           ,
           where
           we
           cannot
           be
           secured
           of
           the
           Event
           ,
           is
           very
           dangerous
           ,
           especially
           when
           it
           proceeds
           from
           Want
           of
           Judgment
           or
           Ill-will
           to
           the
           Profession
           ;
           both
           which
           are
           to
           be
           suspected
           in
           this
           case
           .
           If
           the
           ill
           Humours
           of
           some
           People
           could
           be
           changed
           ,
           it
           would
           signifie
           far
           more
           to
           the
           Quiet
           of
           the
           Clergy
           ,
           than
           altering
           their
           legal
           Maintenance
           .
        
         
           Therefore
           the
           best
           way
           is
           to
           enquire
           into
           the
           Reasons
           of
           this
           Dissatisfaction
           ,
           that
           we
           may
           find
           out
           the
           proper
           Methods
           to
           remove
           it
           ,
           and
           thereby
           to
           prevent
           the
           troublesom
           and
           vexatious
           Suits
           about
           them
           ,
           which
           make
           the
           parochial
           Clergy
           so
           uneasie
           ,
           and
           their
           Labour
           often
           unsuccessful
           with
           the
           People
           .
        
         
           And
           there
           is
           a
           twofold
           Dissatisfaction
           which
           lies
           at
           the
           bottom
           of
           most
           of
           these
           Contentions
           about
           Tithes
           .
        
         
         
           1.
           
           In
           Point
           of
           Conscience
           .
        
         
           2.
           
           In
           Point
           of
           Law.
           
        
         
           1.
           
           In
           Point
           of
           Conscience
           .
           There
           is
           a
           sort
           of
           People
           among
           us
           ,
           who
           are
           very
           obstinate
           in
           this
           Matter
           ,
           and
           will
           rather
           chuse
           to
           go
           to
           Prison
           and
           lie
           there
           ,
           than
           pay
           their
           Tithes
           .
           I
           have
           often
           thought
           whence
           such
           a
           Stiffness
           should
           arise
           in
           a
           matter
           of
           Legal
           Right
           .
           If
           they
           had
           opposed
           all
           Determinations
           of
           Property
           by
           Law
           ,
           they
           had
           been
           more
           consistent
           with
           themselves
           ;
           but
           to
           allow
           the
           Law
           to
           determine
           the
           Right
           as
           to
           Nine
           Parts
           ,
           and
           not
           as
           to
           the
           Tenth
           ,
           is
           not
           to
           be
           reconciled
           .
           For
           if
           the
           Question
           be
           concerning
           the
           other
           parts
           ,
           to
           whom
           they
           do
           belong
           ,
           may
           not
           Men
           as
           well
           dispute
           the
           matter
           of
           Dominion
           and
           Property
           in
           them
           ?
           May
           they
           not
           say
           ,
           that
           the
           Seed
           is
           our
           own
           ,
           and
           the
           Labour
           and
           Charges
           
           our
           own
           ;
           why
           then
           shall
           I
           answer
           to
           another
           for
           the
           Profit
           which
           arises
           from
           my
           Pains
           and
           Expence
           ?
           If
           it
           be
           replied
           ,
           That
           the
           Law
           hath
           given
           the
           Property
           of
           the
           Land
           to
           one
           ,
           and
           the
           Use
           to
           another
           ,
           why
           may
           they
           not
           pretend
           this
           to
           be
           an
           unreasonable
           Law
           to
           separate
           one
           from
           the
           other
           ,
           since
           Land
           was
           given
           for
           the
           Use
           ;
           and
           the
           Original
           Right
           of
           Dominion
           was
           from
           what
           was
           necessary
           for
           Use
           ;
           therefore
           the
           separating
           Right
           and
           Use
           ,
           is
           an
           Incroachment
           on
           the
           Natural
           Rights
           of
           Mankind
           .
           And
           there
           seems
           to
           be
           more
           Colour
           for
           this
           ,
           than
           for
           any
           to
           allow
           the
           Laws
           to
           determine
           the
           Right
           of
           Nine
           Parts
           to
           belong
           to
           the
           Lord
           of
           the
           Soil
           ,
           but
           the
           Tenth
           by
           no
           means
           to
           go
           that
           way
           ,
           which
           the
           Law
           of
           the
           Land
           hath
           long
           since
           determined
           it
           .
           So
           that
           the
           Lord
           of
           the
           Soil
           either
           by
           Descent
           or
           Purchase
           ,
           can
           claim
           no
           Right
           to
           
           it
           ;
           for
           neither
           did
           his
           Ancestors
           enjoy
           it
           ,
           nor
           those
           who
           sold
           the
           Land
           to
           a
           Purchaser
           consider
           it
           as
           his
           own
           ,
           for
           then
           he
           would
           have
           had
           the
           Value
           of
           it
           .
           The
           Tenth
           Part
           then
           is
           set
           aside
           in
           Valuation
           of
           Estates
           ,
           as
           already
           disposed
           of
           ;
           and
           the
           Question
           is
           ,
           Whether
           the
           same
           Law
           which
           settled
           the
           Right
           to
           the
           other
           ,
           shall
           determine
           this
           likewise
           ?
           Is
           it
           not
           a
           part
           of
           natural
           Injustice
           to
           detain
           that
           which
           by
           Law
           belongs
           to
           another
           ?
           And
           is
           not
           the
           Law
           the
           Measure
           of
           Right
           in
           Cases
           of
           Difference
           between
           Man
           and
           Man
           ;
           Why
           then
           should
           not
           the
           Law
           fairly
           and
           equally
           determine
           this
           matter
           ,
           to
           whom
           the
           Tenth
           of
           the
           Profits
           belongs
           ?
        
         
           But
           still
           they
           say
           ,
           
             It
             is
             against
             their
             Conscience
             ,
             and
             they
             cannot
             do
             it
             .
          
           Is
           it
           against
           their
           Conscience
           to
           do
           Acts
           of
           Natural
           Justice
           ,
           not
           to
           detain
           that
           from
           another
           ,
           which
           of
           Right
           
           belongs
           to
           him
           ?
           But
           it
           is
           in
           vain
           to
           argue
           with
           people
           ,
           who
           do
           not
           judge
           of
           things
           by
           the
           common
           light
           of
           Reason
           and
           Justice
           ,
           but
           by
           an
           unaccountable
           Light
           within
           them
           ,
           which
           none
           can
           judge
           of
           but
           themselves
           ;
           and
           in
           matter
           of
           Interest
           Men
           are
           the
           worst
           Judges
           in
           their
           own
           Case
           .
        
         
           2.
           
           Therefore
           I
           come
           to
           those
           who
           are
           capable
           of
           being
           argued
           with
           ;
           such
           ,
           I
           mean
           ,
           who
           are
           unsatisfied
           in
           the
           Point
           of
           Law
           ,
           not
           in
           general
           ,
           but
           in
           particular
           Cases
           ,
           from
           whence
           Suits
           arise
           ,
           and
           those
           are
           often
           from
           these
           Causes
           :
        
         
           1.
           
           Not
           duly
           considering
           the
           just
           Measure
           and
           Extent
           of
           the
           Rules
           of
           Law
           for
           the
           Payment
           of
           Tithes
           .
        
         
           2.
           
           Not
           attending
           to
           the
           Exemptions
           ,
           or
           Discharges
           by
           Law
           from
           the
           Payment
           of
           Tithes
           .
        
         
           The
           best
           way
           I
           know
           to
           prevent
           troublesome
           Suits
           about
           Tithes
           ,
           is
           to
           
           enquire
           diligently
           into
           these
           two
           Things
           :
        
         
           1.
           
           The
           Rules
           of
           Law
           for
           the
           Payment
           of
           Tithes
           .
           One
           might
           have
           justly
           expected
           ,
           that
           in
           a
           matter
           of
           common
           Right
           and
           daily
           Practice
           ,
           and
           wherein
           the
           Peace
           and
           Quiet
           of
           the
           People
           is
           so
           much
           concerned
           ,
           as
           well
           as
           of
           the
           Clergy
           ,
           the
           Rules
           of
           Law
           should
           have
           been
           plain
           ,
           and
           clear
           ,
           and
           liable
           to
           as
           few
           Exceptions
           as
           possible
           ;
           but
           instead
           of
           this
           ,
           there
           is
           not
           one
           general
           Rule
           in
           this
           matter
           ,
           but
           hath
           several
           Exceptions
           ;
           and
           different
           Opinions
           have
           been
           about
           them
           by
           the
           great
           Men
           of
           the
           Law
           ,
           which
           hath
           given
           too
           much
           occasion
           to
           the
           Multitudes
           of
           Suits
           which
           have
           been
           in
           the
           matter
           of
           Tithes
           ;
           so
           that
           the
           Clergy
           are
           not
           so
           much
           to
           blame
           ,
           if
           they
           are
           unavoidably
           involved
           in
           Suits
           by
           the
           Perplexity
           of
           the
           Law
           ,
           and
           the
           different
           Resolutions
           which
           have
           been
           made
           
           about
           the
           Cases
           reported
           by
           them
           .
        
         
           This
           I
           shall
           make
           appear
           by
           examining
           some
           of
           the
           most
           general
           Rules
           of
           Law
           ,
           and
           comparing
           them
           with
           the
           Resolutions
           which
           have
           been
           made
           in
           particular
           Cases
           .
        
         
           1.
           
           
             One
             of
             the
             most
             standing
             Rules
             of
             the
             Law
             ,
          
           
           
             is
             ,
             That
          
           Tithes
           are
           only
           to
           be
           paid
           of
           things
           which
           do
           annually
           increase
           ,
           ex
           annuatis
           renovantibus
           simul
           &
           semel
           .
        
         
           But
           is
           this
           Rule
           allowed
           in
           all
           Cases
           ?
        
         
           1.
           
           From
           hence
           Coke
           concludes
           ,
           That
           
             no
             Tithes
             are
             to
             be
             paid
             of
             Minerals
             ,
          
           
           
             or
             of
             what
             is
             of
             the
             Substance
             of
             the
             Earth
          
           ;
           and
           so
           
             Stone
             ,
             Turff
             ,
             Tinn
             ,
             Lead
             ,
             Coals
             ,
             Chalk
             ,
             Pots
             of
             Earth
             ,
          
           are
           denied
           to
           be
           titheable
           .
           But
           I
           find
           ,
           5
           
             H.
             4.
             n.
          
           65.
           a
           Petition
           of
           the
           Commons
           was
           denied
           about
           being
           sued
           in
           the
           Ecclesiastical
           Courts
           for
           Tithes
           of
           Stone
           and
           Slat
           taken
           out
           of
           their
           Quarries
           .
           The
           Petition
           was
           renewed
           ,
           8
           H.
           4.
           
           and
           then
           the
           King's
           Answer
           was
           ,
           That
           
             the
             former
             Custom
             should
             continue
          
           .
           And
           so
           about
           Tithes
           for
           
             Sea-Coals
             ,
             51
             E.
             3.
             n.
          
           57.
           
           From
           whence
           it
           appears
           ,
           that
           these
           things
           might
           be
           tithed
           by
           ancient
           Custom
           ,
           and
           that
           was
           not
           thought
           fit
           to
           be
           altered
           .
           But
           ,
           34
           Eliz.
           it
           was
           resolved
           in
           the
           Kings-Bench
           ,
           
           That
           
             no
             Tithes
             are
             due
             of
             Quarries
             of
             Slat
             or
             Stone
             ,
          
           in
           the
           Case
           of
           Lysle
           and
           Wats
           .
           
           Here
           was
           no
           Regard
           to
           Custom
           ,
           and
           a
           Reason
           is
           given
           ,
           which
           deserves
           to
           be
           considered
           ,
           viz.
           That
           
             he
             may
             have
             Tithes
             of
             the
             Grass
             or
             Corn
             which
             groweth
             upon
             the
             Surface
             of
             the
             Land
             where
             the
             Quarry
             is
             .
          
           But
           how
           if
           there
           be
           none
           ?
           As
           Lands
           where
           Quarries
           are
           ,
           seldom
           afford
           Tithes
           .
           But
           the
           Note
           on
           the
           Register
           saith
           ,
           
           That
           
             if
             Corn
             do
             grow
             there
             ,
             Tithe
             of
             it
             would
             be
             due
             however
             .
          
           So
           that
           here
           we
           have
           a
           Rule
           against
           an
           ancient
           Custom
           and
           Rule
           too
           .
           But
           it
           cannot
           be
           denied
           ,
           
           that
           Fitz-Herbert
           and
           Brook
           say
           ,
           
           That
           
             there
             is
             no
             Tithe
             of
             Quarries
             ,
             or
             Coals
             ,
             or
             such
             things
          
           ;
           and
           it
           was
           so
           adjudged
           ,
           11
           Iac.
           and
           14
           Iac.
           and
           in
           other
           Cases
           since
           .
           
           And
           yet
           after
           all
           ,
           Rolls
           yields
           ,
           
           That
           
             a
             Custom
             in
             these
             cases
             is
             to
             be
             allowed
          
           ;
           so
           that
           the
           general
           Rule
           is
           to
           be
           understood
           so
           ,
           as
           there
           be
           no
           Custom
           to
           the
           contrary
           .
           And
           as
           to
           Minerals
           ,
           it
           is
           determined
           by
           a
           late
           Writer
           ,
           
           That
           
             by
             Custom
             Tithes
             may
             be
             due
             of
             them
             ,
             although
             they
             do
             not
             annually
             increase
             .
          
           And
           my
           Lord
           Coke
           mentions
           King
           
           Iohn's
           Grant
           to
           the
           Bishop
           of
           
             Exeter
             of
             the
             Tithe
             of
             his
             Tinn-Farm
             .
          
           
           And
           a
           good
           Author
           assures
           us
           ,
           That
           
             in
             Places
             of
             Lead-Mines
          
           ,
           
           
             the
             Tithe
             of
             Lead
             is
             the
             chief
             Part
             of
             the
             Ministers
             Maintenance
             .
          
           Therefore
           my
           Lord
           Coke
           concludes
           his
           Discourse
           of
           Tithes
           with
           this
           general
           Rule
           ,
           That
           
             by
             Custom
             a
             Parson
             may
             have
             Tithes
             of
             such
             things
             as
             are
             not
             titheable
             of
             common
             Right
             .
          
           
           
           2.
           
           From
           hence
           it
           is
           concluded
           ,
           That
           
             no
             Tithe
             can
             be
             due
             for
             Houses
             ,
             because
             they
             have
             no
             annual
             Increase
             .
          
           This
           was
           solemnly
           debated
           in
           Dr.
           
           Grant's
           Case
           ,
           
           11
           Iac.
           and
           that
           there
           was
           no
           Tithe
           due
           ,
           was
           proved
           by
           the
           Counsel
           from
           the
           
             Register
             ,
             Fitz.
             H.
             N.
             B.
             Brook
             ,
          
           &c.
           
           But
           it
           was
           resolved
           by
           the
           Court
           ,
           That
           although
           Houses
           of
           themselves
           were
           not
           titheable
           ,
           yet
           there
           might
           be
           a
           
             Modus
             decimandi
          
           on
           the
           Ground
           on
           which
           the
           Houses
           stood
           ,
           and
           the
           Houses
           did
           not
           take
           away
           the
           Right
           before
           ;
           and
           in
           most
           ancient
           Cities
           and
           Burroughs
           there
           was
           such
           a
           Modus
           for
           the
           Maintenance
           of
           their
           Minister
           .
           I
           grant
           that
           there
           was
           a
           certain
           
             Modus
             decimandi
          
           upon
           Houses
           ,
           but
           not
           upon
           the
           Account
           of
           the
           Ground
           they
           stood
           upon
           ;
           but
           there
           was
           a
           customary
           Duty
           upon
           Houses
           in
           lieu
           of
           Tithes
           ,
           and
           were
           accounted
           a
           sort
           of
           
             Praedial
             Tithes
          
           ,
           although
           they
           were
           
           called
           
             Oblationes
             de
             Domibus
          
           ,
           
           as
           Lyndwood
           saith
           ,
           and
           were
           distinct
           from
           Personal
           Tithes
           ,
           for
           the
           Iews
           were
           bound
           to
           pay
           Tithes
           of
           Houses
           ,
           but
           not
           personal
           .
           Such
           was
           the
           Rate
           on
           Houses
           in
           London
           :
           But
           in
           Dr.
           
           Layfield's
           Case
           it
           was
           denied
           ,
           
           that
           there
           could
           be
           a
           Prescription
           of
           Tithes
           upon
           Houses
           ,
           because
           they
           are
           to
           be
           paid
           only
           for
           the
           Increase
           of
           things
           .
           
           What
           is
           now
           become
           of
           the
           former
           
             Modus
             decimandi
          
           ,
           when
           a
           Prescription
           was
           here
           insisted
           upon
           and
           denied
           ?
           
           So
           that
           here
           were
           different
           Opinions
           ,
           a
           special
           Custom
           was
           allowed
           upon
           good
           Reason
           ;
           and
           here
           a
           Prescription
           disallowed
           upon
           such
           a
           Reason
           as
           would
           have
           overthrown
           the
           former
           Custom
           ,
           and
           yet
           the
           Law
           was
           the
           same
           still
           .
        
         
           3.
           
           From
           hence
           it
           would
           follow
           ,
           That
           if
           this
           Rule
           hold
           ,
           things
           which
           have
           not
           an
           annual
           Increase
           would
           not
           be
           titheable
           :
           Then
           no
           Tithe
           of
           
           Saffron
           would
           be
           due
           ,
           whose
           Heads
           are
           gathered
           but
           once
           in
           three
           years
           ,
           nor
           of
           
             Sylva
             caedua
          
           ,
           under
           twenty
           years
           ;
           and
           yet
           this
           was
           allowed
           in
           Parliament
           at
           Sarum
           ,
           
           saith
           the
           Register
           ,
           notwithstanding
           it
           was
           not
           renewed
           every
           year
           .
           
           And
           Rolls
           saith
           ,
           That
           Tithes
           shall
           be
           paid
           of
           Beeches
           ,
           Hazle
           ,
           Willows
           ,
           Holly
           ,
           Alder
           ,
           Maple
           ,
           even
           after
           twenty
           Years
           ,
           because
           they
           are
           not
           Timber
           .
           But
           what
           if
           Willows
           be
           used
           for
           Timber
           ?
           Then
           Hobart
           saith
           ,
           
           they
           ought
           to
           be
           excepted
           .
           If
           young
           Trees
           grow
           in
           a
           Nursery
           ,
           
           and
           be
           sold
           ,
           
           it
           is
           allowed
           that
           Tithes
           shall
           be
           paid
           of
           them
           ,
           
           and
           these
           are
           not
           renewed
           every
           year
           .
           
           And
           what
           becomes
           now
           of
           this
           
             General
             Rule
          
           ,
           when
           so
           many
           Exceptions
           are
           made
           to
           it
           ?
        
         
           4.
           
           
             If
             this
             Rule
             hold
             ,
             there
             can
             be
             no
             Tithes
             of
          
           After-pasture
           ,
           
             for
             the
             Rule
             is
          
           simul
           &
           semel
           .
           
             And
             my
             Lord
          
           Coke
           saith
           ,
           
           
             It
             was
             adjudged
          
           ,
           
           8
           Iac.
           That
           a
           Parson
           shall
           not
           have
           two
           Tithes
           of
           Land
           in
           one
           year
           ;
           
             and
             he
             instances
          
           in
           the
           Hay
           and
           After-pasture
           ,
           
             &c.
             
             And
             yet
          
           Rolls
           affirms
           ,
           
           That
           it
           is
           due
           by
           Law
           ,
           unless
           there
           be
           a
           Prescription
           to
           the
           contrary
           ;
           
             and
             he
             saith
          
           ,
           the
           Iudgment
           was
           given
           upon
           the
           Prescription
           .
           
             And
             therefore
             he
             resolves
             it
             into
             a
          
           Modus
           decimandi
           .
           
           
             But
             he
             mentions
             several
             Judgments
          
           ,
           that
           no
           Tithe
           is
           due
           for
           After-pasture
           ,
           where
           Tithe-Hay
           hath
           been
           paid
           before
           ;
           
             which
             must
             be
             where
             there
             was
             no
             Custom
             to
             the
             contrary
             ,
             or
             else
             he
             must
             contradict
             himself
             .
          
           
           
             And
             so
          
           Yelverton
           
             saith
             in
             the
             Case
             of
          
           Green
           and
           Austen
           ,
           That
           of
           common
           Right
           ,
           Tithe-Hay
           discharges
           the
           Tithe
           of
           the
           After-pasture
           .
           But
           Crook
           saith
           ,
           
           That
           in
           that
           case
           the
           Court
           went
           upon
           the
           Prescription
           ,
           and
           allowed
           it
           to
           be
           good
           .
           
             How
             could
             it
             go
             upon
             both
             ?
             And
             Sir
          
           S.
           Degge
           
             is
             positive
          
           ,
           
           that
           if
           a
           Meadow
           affords
           two
           Crops
           ,
           the
           Parson
           shall
           have
           Tithe
           
           of
           both
           .
           
             How
             can
             these
             things
             consist
             ?
             Or
             what
             Authority
             may
             we
             rely
             upon
             in
             such
             Difference
             of
             Opinions
             ?
          
        
         
           2.
           
           Another
           Rule
           in
           Law
           is
           ,
           That
           
             things
             which
             are
          
           ferae
           Naturae
           ,
           
           
             are
             not
             tithable
          
           .
           But
           here
           we
           are
           to
           seek
           what
           things
           are
           
             ferae
             Naturae
          
           ?
           Whether
           such
           things
           as
           may
           be
           tamed
           and
           kept
           under
           Custody
           ,
           and
           become
           a
           Man's
           Property
           ,
           are
           
             ferae
             Naturae
          
           ?
           Is
           it
           not
           Felony
           to
           steal
           Rabbets
           or
           Pigeons
           ?
           if
           it
           be
           ,
           they
           must
           be
           some
           Man's
           Property
           ;
           and
           if
           they
           be
           a
           Man's
           proper
           Goods
           ,
           how
           can
           they
           be
           said
           to
           be
           
             ferae
             Naturae
          
           ?
           For
           the
           meaning
           was
           ,
           That
           no
           Man
           was
           to
           pay
           Tithes
           for
           that
           which
           was
           not
           his
           own
           .
           Are
           not
           
             Bees
             ferae
             Naturae
          
           ,
           as
           much
           as
           Pigeons
           and
           Rabbets
           ?
           But
           the
           Tithe
           of
           Bees
           is
           allowed
           to
           be
           paid
           by
           the
           Tenth
           of
           the
           Honey
           and
           Wax
           .
           
           But
           Rolls
           saith
           ,
           
           
             That
             it
             was
             doubted
             whether
             a
             Tenth
             Swarm
             
             were
             a
             good
          
           Modus
           
             for
             the
             Tithe
             of
             Bees
             ,
             because
             they
             are
          
           ferae
           Naturae
           .
           The
           Reason
           is
           ,
           because
           they
           are
           left
           wild
           ,
           and
           under
           no
           Custody
           ;
           but
           if
           they
           went
           into
           several
           Hives
           belonging
           to
           the
           Proprietor
           ,
           they
           might
           be
           tithable
           by
           the
           Hives
           .
           And
           so
           for
           Pigeons
           under
           Custody
           in
           a
           Dove-house
           ,
           they
           are
           a
           Man's
           Property
           ,
           and
           therefore
           tithable
           :
           As
           it
           hath
           been
           several
           times
           resolved
           in
           Courts
           of
           Law
           ,
           14
           Iac.
           in
           Whately
           and
           
           Fanbor's
           Case
           ,
           
           in
           Iones
           and
           
           Gastrill's
           Case
           ,
           a
           Prohibition
           was
           denied
           ;
           and
           Justice
           Dodderidge
           declared
           ,
           to
           whom
           the
           Court
           assented
           ,
           that
           Tithe
           was
           due
           both
           of
           young
           Pigeons
           and
           Conies
           .
           
           But
           the
           prevailing
           Opinion
           hath
           been
           ,
           
             That
             if
             they
             are
             consumed
             in
             the
             House
             ,
          
           
           
             they
             are
             not
             tithable
          
           ,
           
           
             but
             if
             sold
             ,
             they
             are
             .
          
           
           But
           are
           they
           not
           
             ferae
             Naturae
          
           as
           well
           when
           they
           are
           sold
           at
           Market
           ,
           as
           when
           they
           are
           eaten
           at
           home
           ?
           Why
           then
           are
           they
           tithable
           in
           one
           
           Case
           ,
           and
           not
           in
           the
           other
           ?
           If
           they
           are
           tithable
           at
           all
           ,
           they
           are
           so
           where-ever
           they
           are
           spent
           ;
           for
           in
           tithing
           ,
           the
           Nature
           of
           the
           thing
           is
           to
           be
           considered
           ,
           and
           not
           the
           Place
           of
           spending
           it
           .
           For
           upon
           the
           same
           Reason
           there
           would
           be
           no
           Tithe
           of
           Corn
           spent
           at
           home
           ,
           or
           Pigs
           ,
           Calves
           ,
           &c.
           and
           therefore
           I
           look
           on
           the
           Reason
           as
           of
           worse
           Consequence
           ,
           than
           the
           total
           denying
           the
           Payment
           .
           For
           who
           can
           tell
           how
           far
           this
           Reason
           may
           be
           carried
           in
           other
           Cases
           ?
        
         
           But
           it
           is
           resolved
           in
           many
           Cases
           ,
           
           that
           though
           they
           are
           
             ferae
             Naturae
          
           ,
           
           yet
           by
           Custom
           they
           may
           be
           tithed
           ;
           
           and
           so
           for
           Fish.
           Custom
           it
           seems
           hath
           the
           Power
           of
           reducing
           things
           
             ferae
             Naturae
          
           to
           the
           same
           Condition
           with
           other
           things
           .
           
           But
           as
           far
           as
           I
           can
           find
           ,
           these
           things
           by
           our
           old
           Constitutions
           ,
           
           were
           as
           tithable
           as
           other
           things
           ;
           but
           the
           notion
           of
           their
           being
           
             ferae
             Naturae
          
           being
           started
           ,
           
           served
           as
           a
           Plea
           
           against
           them
           ,
           where
           the
           Custom
           was
           not
           continued
           ;
           and
           where
           it
           was
           beyond
           all
           Dispute
           ,
           
           then
           they
           said
           ,
           they
           were
           not
           tithable
           in
           themselves
           ,
           
           but
           only
           by
           Custom
           ;
           
           or
           not
           by
           Law
           ,
           but
           by
           Custom
           ;
           and
           yet
           such
           Customs
           make
           a
           part
           of
           our
           Law.
           
        
         
           In
           several
           ancient
           Appropriations
           ,
           
           Fish
           ,
           and
           Pigeons
           ,
           and
           Rabbets
           are
           expresly
           mentioned
           ,
           as
           given
           together
           with
           other
           Tithes
           ;
           so
           that
           in
           those
           times
           both
           Law
           and
           Custom
           went
           together
           .
           
           For
           the
           Lords
           of
           Manors
           were
           not
           wont
           to
           give
           Tithes
           which
           were
           not
           otherwise
           due
           .
        
         
           3.
           
           But
           what
           is
           to
           be
           done
           with
           those
           Lands
           which
           might
           afford
           Tithe
           ,
           if
           the
           Increase
           of
           Grass
           were
           suffered
           but
           the
           Owners
           feed
           Cattel
           upon
           it
           ,
           and
           so
           there
           can
           be
           no
           Tithes
           ,
           what
           Remedy
           doth
           the
           Law
           afford
           in
           this
           case
           ?
        
         
         
           1.
           
           It
           is
           agreed
           that
           no
           Tithe
           is
           due
           ,
           
           if
           no
           other
           Cattel
           be
           fed
           ,
           
           but
           such
           as
           the
           Owner
           pays
           Tithe
           for
           ,
           
           or
           are
           imployed
           in
           plowing
           ,
           or
           any
           other
           way
           which
           is
           for
           the
           Benefit
           of
           the
           Incumbent
           of
           that
           Parish
           where
           they
           are
           fed
           .
           For
           otherwise
           they
           are
           but
           as
           barren
           Cattel
           to
           him
           .
        
         
           2.
           
           That
           there
           is
           a
           certain
           Rate
           due
           for
           the
           Agistment
           of
           barren
           Cattel
           ,
           
           
             Iure
             communi
          
           ,
           and
           so
           delivered
           by
           Hales
           then
           Chief
           Baron
           ,
           according
           to
           the
           Value
           of
           the
           Land
           ,
           unless
           Custom
           hath
           determined
           otherwise
           .
           And
           so
           for
           Guest-Horses
           ,
           &c.
           unless
           the
           Inn-keeper
           had
           paid
           Tithe-Hay
           ,
           
           say
           some
           ,
           or
           the
           Custom
           be
           otherwise
           :
           
           But
           none
           for
           Saddle-Horses
           for
           the
           Use
           of
           the
           Owner
           .
           
           One
           of
           the
           Judges
           dissenting
           ,
           
           because
           not
           intended
           for
           Husbandry
           .
           
           But
           for
           unprofitable
           Cattel
           the
           tenth
           part
           of
           the
           Bargain
           is
           due
           ,
           or
           according
           to
           the
           Value
           of
           the
           Land
           ,
           and
           the
           Owner
           
           of
           the
           Cattel
           is
           compellable
           to
           pay
           .
           
        
         
           3.
           
           If
           profitable
           and
           unprofitable
           be
           mixed
           ,
           so
           as
           the
           latter
           be
           the
           greater
           Number
           ,
           then
           Herbage
           must
           be
           paid
           for
           them
           ,
           and
           Tithe
           in
           kind
           for
           the
           profitable
           ;
           
           but
           if
           the
           profitable
           be
           the
           greater
           Number
           ,
           it
           is
           questioned
           whether
           the
           other
           are
           not
           excused
           ;
           but
           no
           Law
           or
           Precedent
           is
           produced
           for
           it
           :
           And
           there
           seems
           to
           be
           no
           Reason
           ,
           if
           Pasturage
           be
           due
           for
           unprofitable
           Cattel
           ,
           why
           they
           should
           be
           excused
           because
           there
           are
           more
           profitable
           ,
           unless
           their
           Number
           be
           inconsiderable
           .
        
         
           These
           things
           I
           have
           only
           briefly
           touched
           at
           ,
           that
           you
           may
           the
           better
           govern
           your selves
           in
           Disputes
           of
           this
           Nature
           ;
           and
           as
           you
           are
           not
           to
           lose
           the
           just
           Rights
           of
           the
           Church
           ,
           so
           neither
           is
           it
           for
           your
           Interest
           or
           Honour
           to
           be
           engaged
           in
           them
           ,
           where
           the
           Law
           will
           not
           bear
           you
           out
           .
        
         
         
           II.
           The
           next
           thing
           necessary
           to
           be
           considered
           ,
           is
           ,
           the
           legal
           Discharges
           from
           the
           Payment
           of
           Tithes
           .
           For
           ,
           although
           the
           Reason
           of
           the
           Payment
           of
           them
           be
           founded
           on
           the
           Law
           of
           God
           ,
           and
           the
           Settlement
           of
           Tithes
           among
           us
           hath
           been
           by
           ancient
           and
           unquestionable
           Laws
           of
           the
           Land
           ,
           yet
           the
           Recovery
           of
           Tithes
           when
           unjustly
           detained
           ,
           can
           be
           no
           otherwise
           than
           by
           the
           Law
           of
           the
           Land
           ,
           as
           it
           is
           now
           in
           force
           .
           And
           if
           these
           do
           allow
           several
           Discharges
           and
           Exemptions
           not
           to
           be
           found
           in
           the
           ancient
           Laws
           or
           Practice
           ,
           we
           shall
           but
           involve
           our selves
           in
           fruitless-Contentions
           ,
           if
           we
           dispute
           those
           Limitations
           which
           the
           Law
           hath
           put
           upon
           the
           Payment
           of
           Tithes
           .
           And
           therefore
           our
           Business
           is
           to
           enquire
           and
           satisfie
           our selves
           ,
           as
           well
           as
           we
           can
           ,
           about
           the
           Nature
           and
           Extent
           of
           these
           Limitations
           .
        
         
         
           Now
           there
           are
           four
           sorts
           of
           Discharges
           of
           the
           Payment
           of
           Tithes
           allowed
           .
        
         
           1.
           
           By
           Appropriations
           to
           Monasteries
           .
        
         
           2.
           
           By
           Privileges
           of
           particular
           Orders
           .
        
         
           3.
           
           By
           Prescription
           and
           real
           Compositions
           .
        
         
           4.
           
           By
           Unity
           and
           Possession
           .
        
         
           Of
           these
           I
           shall
           discourse
           in
           order
           ,
           so
           as
           to
           clear
           the
           greatest
           Difficulties
           ,
           with
           respect
           to
           them
           .
        
         
           1.
           
           As
           to
           Appropriations
           .
           By
           the
           Statute
           of
           Dissolution
           ,
           31
           H.
           8.
           13.
           the
           new
           Possessors
           are
           to
           enjoy
           their
           Parsonages
           appropriated
           ,
           Tithes
           ,
           Pensions
           ,
           and
           Portions
           ,
           and
           all
           other
           Lands
           belonging
           to
           them
           ,
           discharged
           and
           acquitted
           of
           the
           Payment
           of
           Tithes
           ,
           as
           freely
           ,
           and
           in
           as
           ample
           a
           
           manner
           as
           they
           were
           enjoyed
           before
           .
        
         
           32
           H.
           8.
           7.
           
           It
           is
           Enacted
           ,
           That
           no
           persons
           shall
           be
           compelled
           ,
           or
           otherwise
           sued
           to
           yield
           ,
           give
           or
           pay
           any
           manner
           of
           Tithes
           for
           any
           Mannors
           ,
           Lands
           ,
           Tenements
           ,
           or
           other
           Hereditaments
           ,
           which
           by
           Laws
           or
           Statutes
           of
           this
           Realm
           are
           discharged
           ,
           or
           not
           chargeable
           with
           the
           payment
           of
           any
           such
           Tithes
           .
           So
           that
           we
           must
           enquire
           into
           the
           State
           of
           Parsonages
           appropriated
           before
           the
           Dissolution
           ,
           and
           how
           the
           payment
           of
           Tithes
           stood
           then
           .
        
         
           I
           will
           not
           deny
           that
           there
           were
           Churches
           appropriated
           to
           Monasteries
           in
           the
           Saxon
           times
           ;
           but
           if
           Mr.
           
           Selden's
           Doctrine
           hold
           good
           ,
           as
           to
           the
           
             Arbitrary
             Consecration
             of
             Tithes
             till
             the
             Twelfth
             Century
             ,
          
           those
           Churches
           cannot
           carry
           the
           Tithes
           along
           with
           them
           ,
           but
           only
           such
           Glebe
           and
           Oblations
           as
           belonged
           to
           them
           .
           For
           how
           could
           
           the
           Tithes
           pass
           with
           the
           Churches
           ,
           if
           they
           were
           not
           then
           annexed
           to
           them
           ?
           But
           he
           confesses
           ,
           
           
             That
             the
             mention
             of
             Tithes
             with
             Churches
             in
             Appropriations
             ,
             was
             rare
             ,
             or
             not
             at
             all
             till
             after
             the
          
           Normans
           .
           The
           Reason
           might
           be
           ,
           that
           the
           Separation
           of
           Tithes
           from
           the
           Churches
           ,
           was
           not
           known
           till
           the
           Norman
           times
           .
           For
           the
           Norman
           Nobility
           took
           little
           notice
           of
           the
           Saxon
           Laws
           about
           Tithes
           ;
           but
           finding
           Tithes
           paid
           out
           of
           the
           Lands
           within
           their
           Manors
           ,
           they
           thought
           they
           did
           well
           ,
           if
           they
           gave
           the
           whole
           Tithes
           ,
           or
           a
           Portion
           and
           Share
           of
           them
           ,
           as
           they
           thought
           fit
           ,
           to
           some
           Monastery
           either
           abroad
           or
           at
           home
           .
           And
           this
           I
           take
           to
           be
           the
           true
           Account
           of
           the
           beginning
           of
           Appropriations
           among
           us
           .
           It
           were
           endless
           to
           give
           an
           Account
           of
           the
           Appropriations
           made
           by
           the
           Normans
           ,
           
           for
           the
           Monasticon
           is
           full
           of
           them
           .
           William
           I.
           gave
           several
           Churches
           with
           their
           
           Tithes
           to
           
             Battle-Abbey
             .
             William
             Rufus
          
           added
           more
           .
           H.
           1.
           to
           the
           Monastery
           of
           Reading
           ,
           several
           Churches
           in
           like-manner
           ;
           
           and
           H.
           2.
           more
           .
           Hugh
           Earl
           of
           Chester
           ,
           gave
           the
           Tithes
           of
           several
           Manors
           to
           the
           Monastery
           of
           St.
           
           Werburg
           ,
           in
           the
           time
           of
           William
           I.
           Of
           which
           kind
           the
           Instances
           are
           too
           many
           to
           be
           mentioned
           ;
           instead
           thereof
           ,
           I
           shall
           set
           down
           the
           State
           of
           the
           parochial
           Clergy
           under
           these
           Appropriations
           ,
           which
           was
           very
           mean
           ,
           and
           intended
           so
           to
           be
           ,
           being
           supplied
           by
           the
           English
           Clergy
           .
        
         
           1.
           
           Where
           the
           Churches
           and
           Tithes
           were
           appropriated
           to
           a
           Monastery
           ,
           the
           Vicar
           had
           only
           such
           a
           Competency
           as
           the
           Bishop
           thought
           fit
           to
           allow
           ,
           till
           Vicarages
           came
           to
           be
           endowed
           :
           For
           right
           understanding
           this
           matter
           of
           Appropriations
           ,
           as
           it
           stood
           here
           in
           England
           ,
           these
           things
           are
           to
           be
           considered
           .
        
         
         
           1.
           
           That
           there
           was
           a
           parochial
           Right
           of
           Tithes
           settled
           in
           the
           Saxon
           times
           :
           Which
           I
           infer
           from
           the
           Laws
           of
           Edgar
           and
           Canutus
           ,
           where
           the
           Tithes
           are
           required
           to
           be
           paid
           to
           the
           Mother-Church
           ;
           
           and
           if
           the
           Lord
           of
           a
           Manor
           have
           a
           Church
           on
           his
           own
           Free-land
           ,
           
           he
           may
           retain
           a
           third
           part
           of
           the
           Tithes
           for
           the
           Use
           of
           it
           .
           
           These
           Laws
           are
           so
           plain
           and
           clear
           ,
           
           that
           Mr.
           Selden
           does
           not
           deny
           them
           ;
           
           and
           he
           confesses
           ,
           
             the
             first
             Limitation
             of
             Profits
             to
             be
             contained
             in
             them
             .
          
           But
           what
           is
           to
           be
           understood
           by
           the
           Mother-Church
           to
           which
           the
           Tithes
           were
           given
           ?
           Mr.
           Selden
           would
           have
           it
           the
           Monastery
           or
           Mother-Church
           ;
           but
           afterwards
           he
           grants
           ,
           
           
             That
             a
             Parochial
             Right
             to
             Incumbents
             was
             hereby
             settled
          
           ;
           Which
           is
           the
           first
           legal
           Settlement
           of
           Tithes
           in
           a
           parochial
           Manner
           :
           But
           these
           Laws
           of
           Edgar
           and
           Canutus
           were
           so
           solemnly
           Enacted
           ,
           that
           ,
           as
           Mr.
           Selden
           observes
           ,
           
           they
           were
           particularly
           
           called
           ,
           
             Leges
             Anglicae
          
           ,
           the
           old
           
             English
             Laws
          
           in
           the
           old
           
             Latin
             MSS.
          
           It
           is
           a
           commonly
           received
           Opinion
           among
           the
           Lawyers
           of
           the
           best
           Rank
           ,
           
           
             That
             before
             the
          
           Lateran
           
             Council
             there
             was
             no
             Parochial
             Settlement
             of
             Tithes
             here
             .
          
           
           My
           Lord
           Coke
           found
           no
           such
           Decree
           of
           the
           Lateran
           Council
           under
           
             Alexander
             3.
             5
             
             H.
          
           
           2.
           
           
             A.
             D.
          
           
           1179.
           
           and
           therefore
           he
           refers
           it
           to
           a
           Decretal
           of
           Innocent
           3.
           
           
           As
           to
           the
           Lateran
           
           Council
           which
           Lyndwood
           mentions
           ,
           
           it
           plainly
           speaks
           of
           
             Feudal
             Tithes
          
           ,
           which
           a
           person
           enjoyed
           by
           the
           Churches
           Grant
           ,
           and
           such
           might
           before
           that
           Council
           ,
           be
           given
           to
           what
           Church
           the
           person
           pleased
           .
           But
           is
           there
           no
           Difference
           between
           Feudal
           and
           
             Parochial
             Tithes
          
           ?
           And
           what
           Proof
           is
           there
           of
           any
           Ancient
           Infeodations
           of
           Tithes
           here
           ?
           
           Mr.
           Selden
           himself
           thinks
           Lyndwood
           applies
           the
           Custom
           of
           other
           Countries
           to
           his
           own
           .
           But
           as
           to
           the
           parochial
           Right
           of
           
           Tithes
           among
           us
           ,
           it
           stands
           thus
           :
           By
           the
           Saxon
           Laws
           the
           parochial
           was
           settled
           .
           After
           the
           Norman
           Invasion
           these
           Laws
           were
           neglected
           and
           slighted
           by
           the
           
             Normans
             ;
             H.
          
           I.
           by
           his
           Charter
           restored
           them
           ,
           
             H.
             1.
             c.
          
           11.
           and
           the
           very
           Words
           of
           the
           Laws
           of
           Edgar
           and
           Canutus
           are
           repeated
           .
           The
           Normans
           went
           on
           notwithstanding
           ,
           and
           so
           these
           Laws
           were
           discontinued
           in
           Practice
           .
           But
           Hadrian
           4.
           who
           was
           an
           Englishman
           by
           Birth
           ,
           observing
           the
           disorderly
           Payments
           of
           Tithes
           here
           ,
           published
           a
           Constitution
           to
           require
           the
           parochial
           Payment
           of
           them
           ,
           as
           is
           observed
           by
           
             P.
             Pithaeus
          
           ,
           a
           very
           learned
           and
           impartial
           Man.
           After
           him
           Alexander
           3.
           in
           a
           Decretal
           directed
           to
           the
           Archbishop
           of
           Canterbury
           and
           his
           Suffragans
           ,
           
           complains
           ,
           
             That
             whereas
             the
             Parishioners
             had
             formerly
             paid
             their
             Tithes
             entirely
             where
             they
             ought
             to
             pay
             them
             ,
             the
             contrary
             Custom
             had
             obtained
             ;
             and
             some
             withdrew
             
             the
             Tithe
             of
             Wooll
             ,
             Fish
             ,
             and
             Mills
             ;
             therefore
             he
             requires
             the
             strict
             Payment
             of
             them
             to
             the
             Churches
             to
             which
             they
             were
             due
             .
          
           The
           latter
           part
           only
           is
           in
           the
           Canon
           Law
           ,
           but
           the
           former
           is
           added
           from
           the
           Ancient
           Copies
           by
           Pithaeus
           .
        
         
           As
           to
           the
           Decretal
           of
           Innocent
           III.
           to
           which
           my
           Lord
           Coke
           refers
           ,
           and
           Mr.
           Selden
           thinks
           was
           mistaken
           for
           the
           
             Lateran
             Council
             ,
             being
             brought
             into
          
           England
           
             with
             it
          
           ;
           
           there
           is
           such
           an
           Epistle
           extant
           in
           the
           Collection
           of
           his
           Epistles
           ,
           
           but
           not
           put
           into
           the
           Canon
           Law
           ,
           and
           was
           nothing
           but
           an
           Inforcement
           of
           the
           former
           Laws
           ,
           and
           a
           declaring
           the
           contrary
           Custom
           void
           ,
           which
           had
           too
           much
           obtained
           since
           the
           Norman
           times
           .
           But
           in
           a
           Decretal
           extant
           in
           the
           Canon
           Law
           ,
           
             De
             Decim
             .
             c.
          
           29.
           he
           acknowledges
           the
           parochial
           payment
           of
           Tithes
           to
           be
           due
           by
           common
           Right
           ,
           
             Cum
             perceptio
             Decimarum
             ad
             Paroeciales
             Ecclesias
             de
             
             Iure
             communi
             pertineat
             .
          
           Can
           any
           thing
           be
           plainer
           than
           that
           the
           parochial
           Right
           could
           not
           depend
           upon
           his
           Decretal
           Epistle
           ,
           when
           himself
           confesses
           that
           they
           were
           due
           by
           common
           Right
           ?
        
         
           We
           do
           not
           deny
           that
           he
           inforced
           the
           payment
           which
           had
           been
           so
           grosly
           neglected
           in
           the
           Norman
           times
           ,
           and
           the
           most
           they
           would
           be
           brought
           to
           in
           many
           places
           ,
           was
           to
           pay
           only
           a
           third
           part
           to
           the
           Parish-Priest
           who
           officiated
           ,
           and
           gave
           the
           rest
           to
           Monasteries
           ,
           and
           often
           appropriated
           the
           whole
           Tithes
           to
           them
           ,
           either
           at
           home
           or
           abroad
           ,
           as
           will
           abundantly
           appear
           by
           the
           Monasticon
           ;
           from
           whence
           it
           is
           plain
           ,
           that
           they
           looked
           on
           Tithes
           in
           general
           ,
           as
           due
           to
           the
           Church
           ,
           as
           appears
           by
           very
           many
           of
           their
           Ancient
           Charters
           ;
           
           but
           they
           thought
           they
           did
           very
           well
           when
           they
           appropriated
           them
           to
           Monasteries
           of
           their
           own
           Erection
           ,
           
           or
           others
           ,
           as
           they
           
           thought
           fit
           .
           But
           this
           Humour
           took
           so
           much
           among
           the
           Norman
           Nobility
           ,
           and
           served
           so
           many
           Purposes
           of
           Honour
           and
           Devotion
           ,
           as
           they
           thought
           (
           besides
           Reason
           of
           State
           )
           that
           the
           parochial
           Clergy
           were
           reduced
           to
           so
           poor
           a
           Condition
           ,
           that
           
             Alexander
             IV.
          
           
           complained
           of
           it
           as
           
             the
             Bane
             of
             Religion
             ,
             and
             Destruction
             of
             the
             Church
             ,
             and
             as
             a
             Poison
             which
             had
             spread
             over
             the
             whole
             Nation
             .
          
           And
           it
           must
           be
           very
           scandalous
           indeed
           ,
           when
           the
           Pope
           complained
           of
           it
           :
           For
           the
           Monks
           that
           were
           able
           ,
           generally
           got
           their
           Appropriations
           confirmed
           in
           the
           Court
           of
           Rome
           .
        
         
           2.
           
           There
           was
           a
           Competency
           to
           be
           settled
           on
           the
           parochial
           Clergy
           by
           the
           Bishops
           Consent
           ,
           which
           was
           required
           in
           order
           to
           the
           confirming
           an
           Appropriation
           ;
           
           as
           may
           be
           seen
           in
           Multitudes
           of
           them
           in
           the
           Monasticon
           ,
           
           besides
           those
           which
           are
           preserved
           in
           the
           Churches
           Registers
           .
           
           Sometimes
           
           the
           Endowment
           is
           expressed
           ,
           and
           at
           other
           times
           it
           is
           reserved
           in
           the
           Bishop's
           power
           to
           do
           it
           as
           he
           sees
           Cause
           .
           But
           the
           Bishops
           were
           either
           so
           remiss
           in
           those
           Times
           ,
           or
           the
           Monks
           so
           powerful
           at
           Rome
           ,
           that
           the
           poor
           Vicars
           fared
           so
           hardly
           ,
           that
           in
           the
           time
           of
           
             H.
             2.
             
             Alexander
             III.
          
           
           sent
           a
           Reprimand
           to
           the
           Bishops
           for
           favouring
           the
           Monks
           too
           much
           ,
           and
           the
           Clergy
           too
           little
           ;
           and
           therefore
           requires
           the
           Bishops
           to
           take
           care
           that
           the
           Vicar
           had
           a
           competent
           Subsistence
           ,
           so
           as
           to
           be
           able
           to
           bear
           the
           Burden
           of
           his
           Place
           ,
           and
           to
           keep
           Hospitality
           .
           This
           was
           directed
           to
           the
           Bishop
           of
           Worcester
           ;
           for
           it
           seems
           so
           long
           since
           the
           poor
           Vicars
           here
           were
           hardly
           provided
           for
           .
           And
           yet
           I
           have
           seen
           several
           Forms
           of
           Appropriations
           made
           by
           the
           Bishops
           here
           ,
           after
           the
           Conquest
           ,
           wherein
           there
           is
           a
           twofold
           Salvo
           ;
           one
           for
           the
           Bishop's
           Right
           ,
           and
           another
           for
           a
           sufficient
           Maintenance
           
           for
           the
           Curate
           ,
           although
           the
           Church
           were
           appropriated
           
             ad
             communem
             usum
             Monachorum
          
           ,
           as
           of
           
             Wolstan
             ,
             Roger
          
           ,
           and
           of
           William
           in
           the
           time
           of
           
             Hen.
             II.
          
           when
           
             Alexander
             III.
          
           lived
           ,
           and
           of
           
             Walter
             de
             Grey
             ,
             Sylvester
          
           ,
           &c.
           
           But
           it
           seems
           where
           a
           competent
           Subsistence
           had
           been
           decreed
           ,
           
           the
           Monks
           took
           the
           first
           Opportunity
           to
           lessen
           it
           ;
           which
           occasioned
           another
           Decretal
           in
           the
           Canon
           Law
           ,
           wherein
           any
           such
           thing
           is
           forbidden
           ,
           without
           the
           Bishop's
           Consent
           .
           
           In
           other
           Places
           they
           pleaded
           Custom
           for
           it
           ;
           thence
           came
           another
           Decree
           of
           the
           Lateran
           Council
           ,
           to
           void
           all
           such
           Customs
           by
           whomsoever
           introduced
           ,
           where
           there
           was
           not
           a
           competent
           Subsistence
           for
           him
           that
           served
           the
           Cure.
           
        
         
           The
           Monks
           were
           still
           refractary
           in
           this
           matter
           ;
           
           and
           because
           the
           Bishops
           had
           Power
           to
           refuse
           any
           person
           presented
           by
           the
           Monks
           ,
           unless
           they
           did
           consent
           to
           such
           a
           reasonable
           
           Allowance
           as
           the
           Bishop
           thought
           fit
           ;
           therefore
           they
           grew
           sullen
           ,
           and
           would
           not
           present
           ;
           
           in
           which
           Case
           another
           Decretal
           was
           made
           to
           give
           the
           Bishop
           Power
           to
           present
           .
        
         
           And
           after
           all
           ,
           Clement
           V.
           
             De
             Iure
             Patron
             .
             c.
          
           1.
           reinforced
           the
           former
           Decretals
           ,
           and
           injoyned
           the
           Diocesans
           in
           the
           strictest
           manner
           ,
           not
           to
           admit
           any
           person
           presented
           to
           a
           Cure
           ,
           where
           the
           Church
           was
           appropriated
           ,
           unless
           sufficient
           Allowance
           were
           made
           by
           the
           Bishop's
           Consent
           and
           Approbation
           ,
           and
           all
           Custom
           and
           Privileges
           to
           the
           contrary
           are
           declared
           to
           be
           void
           .
        
         
           But
           how
           far
           doth
           this
           hold
           among
           us
           now
           ,
           since
           the
           Appropriations
           are
           become
           Lay-Fees
           ,
           and
           the
           Bishop's
           Power
           is
           not
           mentioned
           in
           the
           Statute
           of
           Dissolution
           ?
           To
           this
           I
           shall
           give
           a
           clear
           Answer
           ,
           but
           I
           doubt
           not
           satisfactory
           ,
           to
           all
           Parties
           concerned
           .
           For
           as
           Necessity
           and
           Power
           ,
           so
           some
           
           Mens
           Interest
           and
           Reason
           live
           very
           near
           one
           another
           .
        
         
           1.
           
           The
           Statute
           of
           Dissolution
           leaves
           all
           matters
           of
           Right
           as
           to
           persons
           interested
           just
           as
           they
           were
           before
           .
           For
           by
           the
           Surrender
           the
           King
           was
           to
           have
           the
           Monasteries
           and
           Tithes
           in
           as
           large
           and
           ample
           a
           manner
           as
           the
           Abbots
           then
           had
           them
           in
           Right
           of
           their
           Houses
           ,
           and
           in
           the
           same
           State
           and
           Condition
           as
           they
           then
           were
           ,
           or
           of
           Right
           ought
           to
           have
           been
           :
           And
           so
           
             res
             transit
             cum
             suo
             onere
          
           .
           But
           this
           is
           not
           all
           :
           For
           there
           is
           an
           Express
           Salvo
           for
           all
           Rights
           ,
           Claims
           ,
           Interests
           ,
           &c.
           of
           all
           Persons
           and
           Bodies
           Politick
           .
           So
           that
           if
           by
           the
           Law
           of
           England
           there
           was
           such
           an
           Antecedent
           Right
           in
           the
           Vicar
           to
           his
           Allowance
           ,
           and
           in
           the
           Bishop
           to
           assign
           it
           ,
           it
           is
           not
           taken
           away
           by
           this
           Statute
           ,
           nor
           any
           other
           .
        
         
           2.
           
           By
           the
           Law
           of
           England
           the
           Bishop
           had
           a
           Right
           to
           provide
           a
           competent
           
           Maintenance
           for
           supplying
           the
           Cure
           upon
           an
           Appropriation
           .
           We
           are
           told
           by
           an
           unquestionable
           Authority
           in
           point
           of
           Law
           ,
           that
           9
           
             Car.
             1.
          
           this
           Point
           was
           brought
           before
           the
           
             Kings
             Bench
          
           ,
           
           in
           the
           Case
           of
           Thornburgh
           and
           Hitchcot
           .
           The
           Vicar
           complained
           ,
           that
           the
           Church
           was
           appropriated
           ,
           and
           that
           he
           wanted
           a
           competent
           Maintenance
           ;
           a
           Prohibition
           was
           prayed
           ,
           but
           denied
           upon
           this
           Reason
           ,
           That
           the
           Vicar
           had
           Reason
           for
           his
           Suit
           ,
           and
           that
           the
           Ordinary
           might
           compel
           the
           Impropriator
           to
           make
           it
           greater
           ;
           because
           in
           all
           Appropriations
           that
           Power
           was
           reserved
           to
           the
           Ordinary
           .
           And
           so
           in
           the
           Year-Books
           it
           is
           allowed
           ,
           
             That
             the
             Ordinary
             may
             increase
             or
             diminish
             the
             Vicar's
             Portion
             ,
             40
             E.
             3.
             
             Cas.
             15.
             f.
             28.
             
          
           
           By
           our
           Provincial
           Constitutions
           ,
           the
           Bishop
           is
           to
           take
           care
           that
           the
           Vicar
           have
           a
           competent
           Allowance
           ;
           which
           at
           that
           time
           was
           set
           
           at
           Five
           Marks
           ;
           but
           Lyndwood
           observes
           ,
           that
           as
           the
           Price
           of
           things
           rose
           ,
           so
           the
           Allowance
           was
           increased
           ,
           and
           in
           Stipendiaries
           it
           was
           then
           advanced
           to
           Eight
           or
           Ten
           Marks
           ;
           which
           ,
           according
           to
           Sir
           H.
           Spelman's
           Computation
           ,
           
           comes
           to
           above
           Sixty
           Pounds
           
             per
             Annum
          
           .
           But
           some
           have
           told
           us
           ,
           
             That
             by
             some
             old
             Statutes
          
           ,
           
           
             even
             beneficed
             Persons
             were
             not
             by
             Law
             to
             have
             above
             Six
             Marks
          
           per
           Annum
           ;
           for
           this
           was
           the
           Sum
           allowed
           to
           
             Parish
             Priests
          
           ;
           which
           is
           so
           gross
           a
           Mistake
           in
           any
           that
           pretend
           to
           Law
           or
           Antiquity
           ,
           that
           it
           is
           to
           be
           wondred
           how
           they
           could
           fall
           into
           it
           .
        
         
           The
           Truth
           of
           the
           Case
           was
           this
           ;
           the
           parochial
           Chaplains
           or
           Priests
           were
           complained
           of
           ,
           36
           
             E.
             3.
             n.
          
           23.
           that
           they
           could
           not
           be
           gotten
           to
           attend
           after
           the
           Plague
           ,
           
           but
           at
           excessive
           Rates
           ;
           upon
           this
           a
           Provincial
           Constitution
           was
           made
           ,
           extant
           in
           the
           Parliament
           Rolls
           ,
           wherein
           they
           are
           
           obliged
           to
           demand
           no
           more
           than
           Six
           Marks
           .
           
           But
           who
           were
           these
           Parish-Priests
           ?
           Not
           such
           as
           had
           the
           legal
           Endowments
           ,
           but
           those
           who
           depended
           on
           the
           Good-Will
           of
           the
           Parson
           or
           People
           ,
           and
           were
           hired
           to
           officiate
           in
           Chapels
           of
           Ease
           ,
           or
           to
           perform
           Offices
           for
           the
           Dead
           ,
           which
           were
           so
           frequent
           at
           that
           time
           .
           And
           these
           were
           called
           
             Annual
             Chaplains
          
           ,
           or
           
             Masse
             Chaplains
          
           ,
           and
           were
           distinguished
           from
           
             Domestick
             Chaplains
          
           who
           officiated
           in
           great
           Mens
           Houses
           in
           their
           private
           Oratories
           ,
           
           and
           from
           
             Beneficed
             Persons
          
           ,
           as
           appears
           by
           many
           Constitutions
           .
           But
           whatever
           was
           understood
           by
           the
           Act
           of
           Parliament
           then
           ,
           it
           was
           repealed
           21
           
             Iac.
             1.
             28.
          
           
        
         
           3.
           
           The
           Law
           of
           England
           ,
           as
           to
           a
           competent
           Subsistence
           for
           the
           Vicars
           or
           Curates
           in
           appropriated
           Churches
           ,
           is
           founded
           on
           very
           good
           Reason
           .
           For
           the
           Tithes
           were
           originally
           given
           for
           
           the
           Service
           of
           the
           Church
           ,
           and
           not
           for
           the
           Use
           of
           Monasteries
           .
           And
           this
           was
           a
           hard
           Point
           for
           the
           Monks
           to
           get
           over
           ,
           since
           the
           Tithes
           were
           given
           for
           the
           Maintenance
           of
           the
           Clergy
           ,
           and
           they
           were
           none
           of
           the
           Clergy
           ,
           how
           they
           came
           to
           have
           a
           Right
           to
           the
           Tithes
           .
           It
           is
           certain
           ,
           that
           the
           State
           of
           the
           Clergy
           and
           the
           Monastick
           State
           were
           different
           ;
           and
           the
           Offices
           of
           the
           Clergy
           and
           of
           the
           Monks
           were
           inconsistent
           ,
           if
           they
           held
           to
           their
           Rules
           ;
           how
           then
           came
           the
           Monks
           to
           take
           the
           Maintenance
           which
           belonged
           to
           the
           Clergy
           for
           other
           Offices
           ,
           as
           though
           they
           were
           originally
           intended
           for
           them
           ?
           For
           which
           there
           is
           no
           Colour
           or
           Pretence
           .
           This
           Point
           was
           debated
           between
           two
           Great
           Men
           of
           their
           times
           ,
           S.
           Bernard
           and
           
             Petrus
             Cluniacensis
          
           :
           The
           former
           a
           
             Cistertian
             Monk
          
           ,
           declared
           himself
           unsatisfied
           with
           the
           Monks
           taking
           the
           Maintenance
           of
           the
           parochial
           Clergy
           from
           
           them
           ,
           which
           was
           given
           on
           purpose
           to
           attend
           the
           Cure
           of
           Souls
           .
           But
           ,
           said
           
             Petrus
             Cluniacensis
          
           ,
           
           
             do
             we
             not
             pray
             for
             their
             Souls
             ?
          
           But
           the
           Cure
           of
           Souls
           is
           another
           thing
           ;
           and
           by
           the
           Canons
           of
           the
           Church
           the
           Monks
           were
           forbidden
           to
           meddle
           in
           parochial
           Offices
           of
           Preaching
           ,
           
           
             Baptizing
             ,
             Visiting
             the
             Sick.
          
           So
           that
           it
           might
           bear
           a
           Question
           in
           Law
           ,
           Whether
           a
           Monastery
           were
           capable
           of
           an
           Appropriation
           ,
           since
           by
           the
           Ecclesiastical
           Law
           ,
           they
           are
           not
           an
           Ecclesiastical
           Body
           ?
           and
           for
           that
           Reason
           Hobart
           saith
           ,
           
             a
             Nunnery
             is
             not
          
           ;
           and
           the
           same
           Reason
           will
           hold
           for
           the
           other
           .
        
         
           The
           
             Cistertian
             Order
          
           was
           at
           first
           very
           scrupulous
           in
           this
           matter
           ,
           when
           they
           came
           hither
           ,
           
           and
           pretended
           
             to
             live
             only
             on
             their
             own
             Lands
             ,
             and
             disliked
             Appropriations
             ,
          
           
           
             as
             great
             Injuries
             to
             the
             Clergy
             ,
          
           and
           called
           it
           Sacrilege
           to
           take
           their
           Tithes
           away
           from
           them
           .
           This
           was
           wisely
           done
           of
           them
           at
           first
           
           to
           ingratiate
           themselves
           with
           the
           Clergy
           ,
           and
           to
           get
           as
           good
           Lands
           as
           they
           could
           .
           But
           after
           a
           while
           they
           abated
           their
           Zeal
           ,
           and
           then
           they
           pretended
           to
           do
           nothing
           without
           the
           Bishops
           Consent
           ;
           
           till
           at
           last
           they
           were
           as
           ready
           as
           any
           ,
           and
           got
           as
           large
           Privileges
           to
           exempt
           their
           Lands
           from
           Payment
           of
           Tithes
           ,
           under
           which
           the
           Clergy
           suffer
           to
           this
           day
           .
        
         
           But
           to
           return
           to
           the
           Beginning
           of
           Appropriations
           among
           us
           .
        
         
           After
           the
           Normans
           coming
           ,
           they
           stood
           upon
           no
           Niceties
           of
           Law
           ,
           or
           Original
           Grants
           ,
           but
           they
           took
           Possessions
           of
           the
           Tithes
           of
           their
           Manors
           ,
           and
           disposed
           them
           as
           they
           pleased
           .
           The
           poor
           parochial
           Clergy
           were
           English
           ,
           whom
           they
           hated
           ,
           and
           cared
           not
           how
           poor
           they
           were
           ;
           the
           Bishops
           were
           Normans
           ,
           as
           fast
           as
           they
           could
           make
           them
           ;
           and
           the
           business
           of
           the
           Great
           Men
           ,
           was
           to
           incourage
           the
           
           Norman
           Monks
           that
           came
           over
           ,
           and
           to
           build
           and
           endow
           Monasteries
           for
           them
           
             to
             pray
             for
             their
             Souls
          
           ,
           which
           they
           minded
           so
           little
           themselves
           ;
           and
           this
           I
           take
           to
           be
           the
           true
           Account
           of
           the
           Beginning
           and
           Increase
           of
           Appropriations
           in
           England
           ,
           which
           at
           first
           were
           only
           permitted
           ,
           but
           are
           confirmed
           by
           the
           Law
           since
           the
           Statute
           of
           Dissolution
           .
        
         
           II.
           In
           some
           Appropriations
           there
           were
           Vicarages
           endowed
           ,
           and
           here
           the
           Difficulty
           lies
           in
           distinguishing
           the
           Tithes
           which
           belong
           to
           one
           from
           the
           other
           .
           Before
           the
           Statutes
           for
           Endowment
           of
           Vicarages
           ,
           in
           case
           of
           Appropriations
           ,
           15
           
             R.
             2.
             6.
             4
             
             H.
             4.
             12.
          
           there
           were
           Endowments
           made
           ,
           where
           the
           Bishops
           took
           care
           of
           it
           ;
           but
           they
           were
           generally
           so
           remiss
           in
           it
           ,
           that
           those
           Statutes
           were
           thought
           very
           necessary
           ;
           and
           one
           ,
           it●
           seems
           ,
           was
           not
           sufficient
           .
           For
           they
           eluded
           
           the
           former
           by
           appointing
           Vicars
           out
           of
           their
           own
           Body
           ;
           but
           the
           latter
           Statute
           requires
           ,
           That
           the
           Vicar
           shall
           be
           a
           Secular
           Person
           ,
           and
           made
           Spiritual
           Vicar
           ,
           and
           have
           such
           an
           Endowment
           as
           the
           Ordinary
           should
           think
           fit
           ,
           otherwise
           the
           Appropriation
           to
           be
           void
           .
        
         
           The
           Scandal
           of
           the
           Appropriations
           was
           made
           so
           great
           by
           the
           Greediness
           of
           the
           Monks
           ,
           and
           Easiness
           of
           the
           Bishops
           ,
           that
           I
           find
           in
           the
           Parliament
           Rolls
           2
           H.
           4.
           51.
           
           a
           Petition
           of
           the
           Commons
           ,
           that
           no
           Appropriations
           should
           be
           made
           for
           the
           future
           ;
           but
           afterwards
           they
           came
           to
           that
           Temper
           which
           is
           expressed
           in
           the
           Statute
           4
           H.
           4.
           
        
         
           And
           that
           before
           those
           Statutes
           ,
           there
           was
           no
           Necessity
           of
           the
           Endowment
           of
           a
           Vicarage
           ,
           is
           plain
           from
           the
           Occasion
           of
           making
           them
           ;
           and
           so
           it
           hath
           been
           agreed
           in
           the
           Courts
           of
           Law
           in
           the
           Case
           of
           Britton
           
           
           and
           Ward
           .
           But
           the
           main
           Difficulty
           is
           ,
           to
           state
           the
           Tithes
           which
           belonged
           to
           the
           Vicarage
           and
           to
           the
           Appropriation
           ;
           because
           there
           was
           no
           certain
           Limitation
           either
           as
           to
           Quantity
           or
           Kind
           ,
           although
           generally
           the
           great
           Tithes
           of
           Corn
           and
           Hay
           went
           with
           the
           Parsonage
           ,
           and
           the
           small
           Tithes
           and
           Obventions
           ,
           and
           Altarage
           with
           the
           Vicarage
           .
        
         
           The
           best
           Rules
           I
           can
           find
           to
           be
           satisfied
           in
           this
           matter
           ,
           
           are
           the
           Endowment
           ,
           or
           Prescription
           .
           And
           where
           the
           Endowment
           is
           found
           ,
           yet
           there
           may
           be
           a
           Prescription
           for
           Tithes
           not
           mentioned
           ;
           because
           the
           Bishop
           had
           a
           Power
           reserved
           to
           increase
           the
           Allowance
           :
           As
           in
           the
           Case
           of
           the
           Vicar
           of
           Gillingham
           ,
           who
           sued
           for
           customary
           Tithes
           not
           mentioned
           in
           the
           Endowment
           ;
           and
           he
           recovered
           them
           on
           this
           Presumption
           ,
           
           That
           the
           Vicarage
           might
           be
           augmented
           with
           those
           Tithes
           ;
           and
           in
           case
           of
           long
           
           Possession
           ,
           it
           is
           there
           said
           to
           have
           been
           often
           so
           held
           and
           ruled
           .
           Sometimes
           there
           is
           a
           Difficulty
           in
           the
           Sense
           of
           the
           Words
           of
           the
           Endowment
           ,
           as
           in
           the
           Case
           of
           Barksdale
           and
           Smith
           ,
           whether
           
             Decima
             Garbarum
             in
             W.
          
           implied
           Tithe-Hay
           ;
           
           but
           it
           was
           resolved
           ,
           that
           although
           Garba
           seems
           to
           relate
           to
           Corn
           ,
           
             de
             omni
             Annonâ
             decima
             Garba
             Deo
             reddenda
             est
             .
             L.
             Edw.
             Confess
             .
             c.
          
           8.
           at
           least
           ,
           to
           something
           bound
           up
           ;
           and
           so
           Lyndwood
           applies
           it
           to
           Faggots
           ;
           yet
           the
           Custom
           was
           thought
           sufficient
           to
           extend
           it
           to
           Tithe-Hay
           ;
           and
           for
           Tithe-Wood
           in
           Renoulds
           and
           
           Green's
           Case
           .
           
           But
           the
           greatest
           Difficulty
           hath
           been
           about
           
             small
             Tithes
          
           ,
           which
           is
           the
           common
           Endowment
           of
           Vicarages
           .
           In
           the
           Case
           of
           Ward
           and
           Britton
           ,
           one
           Point
           was
           ,
           
           Whether
           Lambs
           were
           
             small
             Tithes
          
           or
           not
           .
           Noy
           pleaded
           Custom
           for
           it
           .
           The
           Councel
           on
           the
           other
           side
           said
           ,
           That
           
             small
             Tithes
          
           were
           such
           
           as
           grew
           in
           Gardens
           ;
           but
           Lambs
           were
           a
           sort
           of
           
             Praedial
             Tithes
          
           ;
           however
           ,
           it
           was
           yielded
           ,
           that
           Custom
           might
           bring
           them
           under
           
             small
             Tithes
          
           .
        
         
           Another
           Point
           about
           
             small
             Tithes
          
           ,
           was
           about
           Saffron
           growing
           in
           a
           Corn-Field
           ,
           
           in
           the
           Case
           of
           Bedingfield
           and
           Freak
           ,
           
           and
           it
           was
           resolved
           to
           be
           
             small
             Tithes
          
           .
           
           But
           the
           Ground
           of
           that
           Resolution
           was
           questioned
           in
           the
           Case
           of
           Udal
           and
           Tyndal
           ;
           
           some
           said
           it
           was
           ,
           because
           Saffron
           was
           
             small
             Tithes
          
           where-ever
           it
           grew
           :
           Others
           ,
           That
           by
           the
           Endowment
           ,
           
           the
           Parson
           had
           only
           reserved
           the
           Tithe
           of
           Corn
           and
           Hay
           .
        
         
           But
           suppose
           whole
           Fields
           be
           planted
           with
           Woad
           ,
           which
           grows
           in
           the
           Nature
           of
           an
           Herb
           ,
           is
           this
           to
           be
           reckoned
           among
           
             small
             Tithes
             ?
             Crook
          
           seems
           to
           deliver
           the
           Sense
           of
           the
           Court
           so
           ,
           in
           the
           former
           Case
           ;
           but
           Hutton
           reports
           it
           ,
           that
           it
           might
           come
           to
           be
           
             majores
             Decimae
          
           and
           Praedial
           ,
           
           if
           
           it
           came
           to
           be
           the
           main
           Profits
           of
           the
           Place
           .
           And
           the
           like
           may
           hold
           as
           to
           Hemp
           ,
           Hops
           ,
           Wooll
           and
           Lambs
           .
           It
           's
           there
           said
           ,
           that
           all
           these
           new
           things
           ,
           as
           Saffron
           ,
           Hemp
           ,
           Woad
           ,
           Tobacco
           ,
           &c.
           are
           to
           be
           reckoned
           among
           
             small
             Tithes
          
           ,
           unless
           there
           be
           some
           material
           Circumstance
           to
           the
           contrary
           .
           But
           who
           is
           to
           be
           Judge
           of
           that
           ?
           And
           what
           Proportion
           changes
           
             small
             Tithes
          
           into
           greater
           ?
           But
           what
           if
           the
           Endowment
           be
           so
           expressed
           ,
           that
           only
           Tithes
           of
           Corn
           and
           Hay
           be
           reserved
           to
           the
           Parson
           ?
           Then
           Rolls
           thinks
           all
           the
           rest
           falls
           to
           the
           Vicar
           by
           Construction
           of
           Law.
           
           
        
         
           By
           the
           Word
           Altarage
           ,
           it
           was
           resolved
           in
           the
           Exchequer
           ,
           upon
           a
           solemn
           Hearing
           ,
           21
           Eliz.
           and
           after
           confirmed
           in
           the
           Case
           of
           Wood
           and
           Greenwood
           ,
           not
           meer
           Oblations
           are
           to
           be
           understood
           ,
           but
           whatever
           Custom
           hath
           comprehended
           under
           it
           .
           
           
           And
           I
           find
           in
           the
           Settlement
           of
           the
           
           Altarage
           of
           Cockerington
           by
           
             Rob.
             Grosthead
          
           ,
           Bishop
           of
           Lincoln
           ,
           not
           only
           Oblations
           and
           Obventions
           ,
           but
           the
           Tithes
           of
           Wooll
           and
           Lamb
           were
           comprehended
           under
           it
           .
           
        
         
           II.
           The
           next
           Discharge
           of
           Tithes
           ,
           is
           by
           the
           Privileges
           of
           particular
           Orders
           allowed
           by
           our
           Law.
           For
           it
           is
           ,
           to
           be
           observed
           ,
           that
           no
           Bulls
           of
           Popes
           make
           a
           legal
           Discharge
           ;
           but
           in
           such
           Cases
           where
           the
           Law
           allows
           them
           ,
           and
           my
           Lord
           Coke
           thinks
           it
           cannot
           be
           insisted
           upon
           without
           danger
           of
           a
           Praemunire
           .
           
           For
           when
           the
           Cistertians
           had
           procured
           new
           Bulls
           to
           inlarge
           their
           Privileges
           ,
           as
           to
           their
           Lands
           in
           the
           Hands
           of
           Farmers
           ,
           a
           Law
           was
           passed
           against
           it
           ,
           2
           
             H.
             4.
             c.
          
           4.
           which
           was
           grounded
           on
           a
           Petition
           in
           Parliament
           shewing
           the
           Novelty
           and
           Mischief
           of
           it
           .
           
           
        
         
           It
           was
           affirmed
           by
           our
           great
           Lawyers
           ,
           
           that
           the
           Pope's
           Act
           in
           dissolving
           
           the
           Body
           of
           the
           Templars
           ,
           which
           was
           done
           ,
           5
           E.
           2.
           had
           no
           Effect
           here
           till
           the
           17
           E.
           2.
           when
           the
           Parliament
           gave
           their
           Lands
           to
           the
           Hospitallers
           .
           
        
         
           And
           that
           the
           Pope
           could
           not
           by
           his
           Bull
           dissolve
           a
           Vicarage
           after
           they
           were
           made
           perpetual
           by
           the
           Statute
           ;
           
           so
           that
           our
           own
           Law
           is
           to
           govern
           in
           this
           matter
           .
        
         
           But
           what
           Orders
           had
           Exemption
           from
           Tithes
           by
           our
           Law
           ?
           At
           first
           most
           of
           the
           Orders
           of
           Monks
           had
           it
           for
           Lands
           in
           their
           own
           Hands
           .
           This
           by
           
             Hadrian
             IV.
          
           was
           restrained
           to
           the
           Cistertians
           ,
           Templars
           and
           Hospitallers
           ,
           which
           is
           owned
           in
           the
           Canon
           Law
           by
           a
           Decretal
           of
           
             Alexander
             III.
          
           
           who
           declares
           it
           not
           to
           be
           intended
           for
           Lands
           let
           out
           to
           farm
           .
        
         
           
             Innocent
             III.
          
           restrains
           it
           to
           such
           Lands
           as
           they
           were
           then
           in
           possession
           of
           ;
           but
           my
           Lord
           Coke
           makes
           the
           Grant
           to
           be
           from
           Innocent
           III.
           
           
             in
             the
             
             Council
             of
          
           Lateran
           ,
           17
           John
           ;
           but
           he
           adds
           ,
           
             That
             it
             extends
             only
             to
             the
             Lands
             which
             they
             had
             before
          
           ;
           which
           was
           all
           that
           was
           done
           then
           .
           But
           he
           saith
           ,
           
             That
             this
             Privilege
             was
             allowed
             by
             the
             general
             Consent
             of
             the
             Realm
          
           ;
           however
           that
           were
           ,
           it
           is
           certain
           that
           the
           Lateran
           Council
           made
           no
           Restriction
           to
           the
           three
           Orders
           .
        
         
           But
           what
           shall
           we
           say
           to
           the
           Praemonstratenses
           ,
           of
           whom
           he
           saith
           ,
           
             That
             they
             were
             discharged
             by
             a
             Bull
             of
          
           Innocent
           III.
           This
           Point
           was
           disputed
           in
           the
           Case
           of
           Dickenson
           and
           Greenhow
           .
           
           It
           was
           not
           denied
           ,
           that
           they
           had
           obtained
           such
           a
           Bull
           ,
           but
           it
           was
           denied
           that
           it
           was
           ever
           received
           here
           .
           On
           the
           other
           side
           ,
           it
           was
           said
           ,
           that
           their
           Bulls
           were
           confirmed
           ;
           which
           doth
           not
           appear
           ,
           nor
           that
           any
           Judgment
           was
           given
           in
           the
           Case
           .
           There
           is
           a
           Bull
           extant
           in
           the
           Collection
           of
           
           Innocent's
           Epistles
           ,
           to
           exempt
           the
           Praemonstratenses
           from
           
             the
             Tithes
             of
             
             Lands
             in
             their
             own
             Hands
          
           ;
           but
           this
           was
           granted
           in
           the
           first
           year
           of
           Innocent
           III.
           sometime
           before
           the
           Lateran
           Council
           ,
           
           and
           they
           might
           enjoy
           the
           same
           Privileges
           with
           the
           Cistertians
           ,
           if
           it
           could
           be
           proved
           ,
           that
           they
           were
           as
           generally
           received
           ,
           which
           hath
           not
           yet
           been
           done
           .
           As
           to
           the
           Cistertians
           themselves
           ,
           there
           are
           considerable
           Limitations
           of
           their
           Privileges
           .
        
         
           1.
           
           They
           must
           relate
           to
           Lands
           in
           their
           Possession
           before
           the
           
             Lateran
             Council
             ,
             A.
             D.
          
           1215.
           17
           of
           King
           Iohn
           .
           And
           in
           matters
           against
           common
           Right
           ,
           the
           Proof
           in
           Reason
           ought
           to
           be
           on
           those
           who
           pretend
           to
           particular
           Privilege
           .
           But
           it
           's
           certain
           the
           Cistertian
           Order
           hath
           had
           many
           Lands
           in
           England
           since
           that
           time
           (
           and
           it
           were
           no
           hard
           matter
           to
           find
           them
           out
           .
           )
           But
           ,
           suppose
           they
           were
           actually
           discharged
           at
           the
           Dissolution
           ,
           and
           the
           Proprietaries
           
           were
           to
           enjoy
           them
           in
           the
           State
           they
           found
           them
           ,
           is
           not
           this
           a
           sufficient
           Discharge
           ?
           Yes
           ,
           if
           it
           be
           a
           legal
           Discharge
           ;
           for
           the
           Statute
           only
           puts
           them
           into
           the
           same
           legal
           Capacity
           they
           were
           in
           before
           ;
           but
           if
           they
           were
           Lands
           given
           since
           the
           Lateran
           Council
           ,
           they
           were
           not
           in
           a
           Capacity
           to
           be
           discharged
           by
           Law
           ;
           for
           it
           was
           not
           otherwise
           received
           .
        
         
           2.
           
           This
           Privilege
           doth
           not
           exclude
           ancient
           Compositions
           ,
           as
           to
           their
           Demesn
           Lands
           .
           For
           these
           Privileges
           did
           not
           go
           down
           so
           easily
           ,
           but
           where
           there
           were
           Rectors
           able
           to
           contest
           it
           ,
           they
           brought
           even
           the
           Cistertians
           to
           Compositions
           .
           And
           the
           Pope
           himself
           appointed
           Commissioners
           here
           to
           compound
           the
           matter
           :
           As
           between
           the
           Monastery
           of
           Pipewel
           and
           
             Hugh
             Patesbul
          
           Rector
           of
           Eltyndon
           ,
           which
           ended
           in
           a
           Composition
           of
           six
           Marks
           
             per
             Annum
          
           for
           the
           Tithes
           of
           their
           Demesns
           .
           And
           
           another
           between
           the
           Vicar
           of
           Dunchurch
           and
           the
           same
           Monastery
           ;
           and
           between
           the
           Rector
           of
           Wynswick
           for
           the
           Tithes
           of
           Ten
           Yard-Lands
           in
           Colds-Abbey
           .
           All
           which
           I
           have
           perused
           in
           the
           Register
           of
           that
           Monastery
           MS.
           
        
         
           3.
           
           The
           Privilege
           doth
           not
           hold
           where
           the
           Monasteries
           were
           under
           Value
           ,
           
           and
           came
           to
           the
           King
           by
           the
           Statute
           27
           H.
           8.
           unless
           they
           were
           continued
           ,
           
           and
           came
           within
           the
           Statute
           of
           Dissolution
           ,
           
           31
           H.
           8.
           
           And
           it
           ought
           to
           be
           proved
           that
           they
           continued
           separate
           ;
           for
           if
           their
           Lands
           were
           given
           to
           the
           greater
           Monasteries
           ,
           they
           did
           not
           retain
           the
           Privilege
           upon
           Dissolution
           .
        
         
           But
           there
           is
           a
           much
           harder
           point
           concerning
           the
           Hospitallers
           (
           who
           had
           the
           Lands
           of
           the
           Templers
           after
           17
           
             E.
             2.
          
           )
           Their
           Lands
           were
           not
           given
           to
           the
           King
           by
           the
           Statute
           of
           Dissolution
           ,
           31
           H.
           8.
           but
           32
           
             H.
             8.
             c.
             
             24.
          
           and
           the
           Clause
           of
           Exemption
           was
           left
           out
           of
           the
           Grant.
           Upon
           which
           a
           great
           Question
           hath
           risen
           ,
           Whether
           their
           Lands
           are
           exempt
           or
           not
           ?
           And
           Judgment
           was
           given
           against
           them
           in
           the
           Case
           of
           Cornwallis
           ,
           
           or
           Quarles
           and
           Spurling
           .
           
           But
           in
           the
           Case
           of
           Whiston
           and
           Weston
           ,
           
           it
           was
           argued
           ,
           That
           the
           King
           had
           the
           same
           Privileges
           which
           the
           Hospitallers
           had
           .
           But
           it
           was
           replied
           ,
           That
           other
           Lands
           given
           to
           the
           King
           after
           that
           Act
           ,
           had
           not
           those
           Privileges
           ,
           as
           Chanteries
           ,
           &c.
           
           It
           was
           said
           ,
           that
           it
           was
           ,
           
             because
             they
             were
             not
             regular
             Ecclesiastical
             Bodies
             :
          
           
           Which
           was
           a
           strange
           Answer
           ,
           considering
           what
           sort
           of
           Ecclesiastical
           Bodies
           the
           Hospitallers
           made
           ,
           
           when
           only
           the
           Grand
           Master
           and
           two
           Chaplains
           are
           bound
           to
           be
           Ecclesiasticks
           ;
           
           and
           in
           Foreign
           Judicatures
           they
           were
           denied
           to
           be
           any
           part
           of
           the
           Clergy
           ,
           
           being
           only
           an
           Order
           of
           Knights
           under
           some
           particular
           Regulations
           .
        
         
         
           But
           suppose
           them
           capable
           of
           Appropriations
           of
           Tithes
           ,
           yet
           when
           the
           Body
           is
           dissolved
           ,
           the
           Appropriation
           falls
           of
           it self
           ,
           unless
           continued
           by
           Act
           of
           Parliament
           ,
           as
           those
           of
           the
           Templars
           were
           to
           them
           ;
           and
           those
           of
           the
           Monasteries
           by
           31
           H.
           8.
           but
           where
           there
           is
           no
           Clause
           to
           continue
           the
           Appropriation
           ,
           it
           must
           be
           understood
           to
           be
           left
           to
           the
           natural
           Course
           of
           things
           ,
           and
           so
           the
           Appropriation
           sinks
           .
        
         
           III.
           The
           third
           legal
           Exemption
           is
           from
           Prescription
           ,
           and
           ancient
           Compositions
           .
           This
           seems
           a
           difficult
           Case
           ,
           because
           something
           less
           than
           the
           real
           Value
           is
           to
           be
           taken
           ,
           and
           the
           Rule
           in
           Lyndwood
           is
           ,
           
           
             non
             valet
             consuetudo
             ,
             ut
             minus
             quam
             Decima
             solvatur
          
           ;
           but
           in
           all
           such
           Prescriptions
           and
           Compositions
           there
           is
           less
           than
           the
           true
           Value
           .
        
         
           To
           clear
           this
           matter
           ,
           I
           shall
           shew
           ,
        
         
         
           1.
           
           That
           by
           our
           Ecclesiastical
           Law
           ,
           all
           Compositions
           are
           not
           condemned
           .
        
         
           2.
           
           That
           by
           the
           Common
           Law
           all
           Prescriptions
           are
           not
           allowed
           .
           And
           if
           these
           things
           be
           made
           out
           ,
           it
           will
           follow
           ,
           that
           where
           the
           Compositions
           and
           Prescriptions
           are
           legal
           ,
           the
           Clergy
           may
           with
           good
           Conscience
           submit
           to
           them
           ,
           as
           they
           do
           in
           other
           matters
           of
           Law.
           
        
         
           1.
           
           As
           to
           the
           Ecclesiastical
           Law
           ,
           Lyndwood
           himself
           makes
           these
           Limitations
           ;
        
         
           1.
           
           In
           case
           of
           personal
           Tithes
           .
           
           He
           grants
           that
           as
           to
           them
           ,
           a
           Man
           may
           with
           a
           good
           Conscience
           observe
           the
           Custom
           although
           it
           be
           under
           the
           real
           Value
           .
           Now
           these
           are
           founded
           on
           the
           same
           Laws
           that
           Praedial
           and
           
             Mixt
             Tithes
          
           are
           ;
           and
           by
           the
           Stat.
           2
           
             E.
             6.
             c.
          
           13.
           they
           are
           reduced
           to
           a
           customary
           Payment
           before
           Easter
           ,
           
           as
           it
           had
           been
           used
           Forty
           Years
           before
           :
           But
           besides
           these
           there
           were
           Offerings
           to
           be
           compounded
           for
           ,
           and
           the
           Easter
           Duties
           are
           a
           kind
           of
           Composition
           for
           personal
           Tithes
           .
        
         
           2.
           
           In
           small
           Tithes
           ,
           the
           customary
           Payment
           is
           allowed
           .
           The
           Payment
           in
           
           Lyndwood's
           time
           ,
           was
           6
           ob
           .
           for
           Six
           Lambs
           ,
           because
           it
           was
           the
           Tenth
           of
           the
           Value
           at
           that
           time
           of
           a
           Lamb
           of
           a
           year
           old
           ;
           
           the
           Seventh
           Lamb
           was
           to
           be
           paid
           in
           kind
           ,
           for
           which
           3
           ob
           .
           were
           to
           be
           paid
           back
           ,
           because
           three
           Lambs
           were
           wanting
           of
           the
           Number
           Ten.
           But
           can
           any
           one
           believe
           that
           5
           d.
           was
           the
           true
           Value
           then
           of
           a
           Lamb
           of
           a
           year
           old
           ?
           And
           Lyndwood
           doth
           not
           suppose
           it
           be
           the
           exact
           Value
           ;
           but
           it
           was
           such
           as
           the
           Provincial
           Constitution
           determined
           ,
           and
           he
           allows
           Compositions
           
             super
             minutis
             Decimis
          
           .
           
        
         
           3.
           
           Compositions
           were
           allowed
           with
           the
           Bishop's
           Consent
           with
           Lay-persons
           
           for
           their
           Tithes
           .
           As
           to
           what
           is
           past
           ,
           there
           was
           no
           doubt
           ;
           but
           for
           the
           future
           he
           saith
           ,
           it
           doth
           not
           hold
           
             sine
             Iudicis
             auctoritate
          
           ;
           which
           implies
           ,
           that
           by
           his
           Consent
           it
           may
           .
           And
           if
           so
           ,
           then
           a
           
             Modus
             decimandi
          
           so
           qualified
           ,
           is
           allowed
           by
           the
           Ecclesiastical
           Law.
           Such
           Compositions
           as
           these
           were
           entred
           into
           the
           Bishop's
           Registries
           ,
           and
           if
           they
           were
           then
           made
           upon
           a
           valuable
           Consideration
           at
           that
           time
           ,
           I
           doubt
           the
           Force
           of
           Custom
           will
           get
           the
           better
           of
           the
           Reason
           that
           may
           be
           taken
           from
           the
           great
           Difference
           of
           Valuation
           of
           things
           .
        
         
           2.
           
           Let
           us
           now
           consider
           what
           Prescriptions
           and
           Compositions
           are
           not
           allowable
           at
           Common
           Law.
           
        
         
           1.
           
           No
           Prescription
           
             de
             non
             decimando
          
           ,
           is
           allowed
           among
           Lay-persons
           ,
           because
           none
           but
           spiritual
           Persons
           are
           by
           the
           Law
           capable
           of
           Tithes
           in
           their
           own
           Right
           .
           
             A
             Lay-man
          
           ,
           saith
           Mr.
           
             Selden
             ,
             cannot
             be
             discharged
             of
             all
             Payment
             
             by
             meer
             Prescription
             ,
          
           
           
             unless
             he
             begin
             the
             Prescription
             in
             a
             Spiritual
             Person
             .
          
           And
           to
           the
           same
           purpose
           our
           great
           Lawyers
           speak
           .
           
           But
           in
           the
           famous
           Case
           of
           Pigot
           and
           Hern
           ,
           
           a
           Distinction
           was
           found
           out
           ,
           
           which
           may
           prove
           of
           dangerous
           Consequence
           ,
           
           viz.
           
           That
           although
           the
           Lord
           of
           a
           Manor
           cannot
           prescribe
           for
           Tithes
           ,
           because
           he
           is
           not
           capable
           of
           them
           by
           our
           Law
           ,
           yet
           he
           may
           prescribe
           for
           a
           tenth
           Shock
           ,
           
           as
           a
           
             Profit
             apprendre
          
           ,
           as
           a
           thing
           appurtenant
           to
           his
           Manor
           ;
           and
           so
           he
           may
           have
           
             decimam
             garbam
          
           ,
           but
           not
           
             Decimas
             garbarum
          
           .
           Upon
           which
           Resolution
           it
           is
           said
           in
           the
           Bishop
           of
           
           Winchester's
           Case
           ,
           
           That
           the
           Lord
           of
           a
           Manor
           may
           have
           Tithes
           as
           appurtenant
           to
           his
           Manor
           :
           For
           which
           there
           is
           no
           Foundation
           in
           our
           Ancient
           Laws
           or
           Customs
           ,
           that
           I
           can
           find
           ,
           and
           is
           inconsistent
           with
           what
           is
           before
           acknowledged
           ,
           that
           none
           but
           Spiritual
           
           persons
           are
           capable
           of
           Tithes
           .
           But
           in
           plain
           Truth
           ,
           this
           Case
           is
           not
           truly
           represented
           ;
           and
           my
           Lord
           Chief
           Justice
           Hobart
           ,
           
           a
           person
           of
           great
           Judgment
           and
           Learning
           in
           the
           Law
           ,
           hath
           told
           the
           World
           ,
           That
           this
           famous
           Reporter
           hath
           sometimes
           given
           his
           own
           Opinion
           ,
           and
           that
           sudden
           ,
           instead
           of
           the
           Resolution
           of
           the
           Court
           ,
           which
           must
           take
           much
           off
           from
           the
           Authority
           of
           his
           Reports
           ;
           especially
           when
           the
           Case
           is
           differently
           reported
           by
           others
           ;
           as
           it
           falls
           out
           in
           this
           Case
           .
           For
           Serjeant
           Moor
           ,
           who
           was
           of
           Councel
           in
           that
           Case
           ,
           saith
           ,
           That
           the
           Defendant
           pleaded
           a
           
             Modus
             decimandi
          
           in
           Satisfaction
           for
           Tithes
           ,
           
           which
           was
           6
           
             s.
             per
             Annum
          
           :
           But
           as
           to
           the
           other
           point
           ,
           Whether
           such
           an
           Ancient
           Modus
           being
           made
           with
           the
           Lord
           of
           a
           Manor
           ,
           binds
           the
           Copy-holders
           ,
           it
           is
           out
           of
           our
           way
           ;
           but
           surely
           there
           ought
           to
           be
           good
           Proof
           ,
           that
           the
           Modus
           was
           made
           before
           the
           Copy-holds
           
           holds
           were
           granted
           ,
           which
           is
           not
           offered
           ,
           but
           only
           that
           
             it
             might
             be
             so
          
           ;
           which
           deserves
           no
           other
           Answer
           ,
           but
           that
           it
           might
           not
           be
           so
           .
           And
           it
           is
           hard
           indeed
           ,
           when
           Judgments
           are
           given
           upon
           Possibilities
           .
           And
           for
           the
           Distinction
           of
           
             decima
             Garba
          
           and
           
             Decimae
             Garbarum
          
           ,
           
           in
           a
           Composition
           for
           Tithes
           ,
           
           is
           the
           same
           thing
           .
           Mr.
           Selden
           ,
           as
           to
           this
           Case
           of
           Pigot
           and
           Hern
           ,
           saith
           ,
           
             It
             was
             an
             Inheritance
             of
             Tithes
             from
             immemorial
             time
             ,
             by
             Virtue
             of
             an
             Ancient
             Composition
             .
          
           And
           he
           would
           not
           understand
           the
           Judges
           in
           any
           other
           Sense
           :
           For
           no
           kind
           of
           Infeodation
           of
           Tithes
           is
           allowable
           here
           ,
           he
           saith
           ,
           so
           as
           to
           create
           in
           Lay-men
           a
           perpetual
           Right
           to
           them
           (
           except
           only
           by
           the
           Statute
           of
           Dissolution
           of
           Monasteries
           )
           unless
           it
           be
           derived
           from
           some
           Ancient
           Grant
           of
           Discharge
           from
           the
           Parson
           ,
           Patron
           and
           Ordinary
           ,
           with
           a
           Consideration
           of
           Recompence
           to
           the
           Parson
           ;
           and
           that
           
           either
           from
           time
           immemorial
           ,
           or
           Ancient
           Composition
           .
           And
           to
           the
           same
           purpose
           he
           speaks
           in
           another
           place
           ,
           
           where
           he
           owns
           ,
           that
           by
           our
           Law
           every
           Parson
           had
           a
           common
           Right
           to
           the
           Tithes
           of
           all
           annual
           Increase
           
             (
             Praedial
          
           or
           Mixt
           )
           within
           the
           limits
           of
           his
           Parish
           ;
           and
           any
           Title
           or
           Discharge
           must
           be
           specially
           pleaded
           .
        
         
           2.
           
           Where
           a
           Prescription
           is
           pleaded
           
             de
             Modo
             decimandi
          
           ,
           the
           actual
           Recompence
           by
           Composition
           must
           be
           shewed
           .
           For
           ,
           as
           my
           Lord
           Coke
           saith
           ,
           a
           
             Modus
             decimandi
          
           is
           intended
           as
           a
           yearly
           Sum
           in
           way
           of
           Satisfaction
           for
           the
           Tithes
           to
           the
           Parson
           ;
           
           which
           Rolls
           calls
           the
           
             Actual
             Recompence
          
           .
        
         
           
             In
             the
          
           Register
           
             the
             Account
             of
             the
          
           Modus
           decimandi
           
             is
             thus
             set
             down
          
           :
           1.
           
           There
           was
           a
           real
           Composition
           ,
           
           as
           Four
           Acres
           of
           Land
           for
           some
           small
           Tithes
           .
           2.
           
           There
           was
           an
           Agreement
           in
           Writing
           ,
           by
           the
           Consent
           of
           Ordinary
           and
           Patron
           .
        
         
         
           
             But
             my
             Lord
          
           Coke
           saith
           ,
           
           the
           Modus
           may
           as
           well
           be
           for
           a
           Sum
           of
           Money
           as
           for
           Land.
           
        
         
           Suppose
           no
           Ancient
           Composition
           in
           Writing
           can
           be
           produced
           ,
           how
           far
           doth
           a
           Prescription
           hold
           ?
        
         
           1.
           
           It
           must
           be
           immemorial
           ,
           
           or
           time
           out
           of
           mind
           .
           Here
           a
           great
           Point
           arises
           fit
           to
           be
           considered
           :
           Suppose
           the
           thing
           it self
           hath
           been
           within
           Memory
           ,
           as
           Improvements
           by
           Hops
           ,
           Fruit-trees
           ,
           &c.
           doth
           not
           a
           Composition
           bind
           in
           this
           Case
           ?
        
         
           I
           answer
           ,
           that
           we
           are
           to
           distinguish
           
             Personal
             Contracts
          
           from
           
             Real
             Compositions
          
           .
           
           In
           the
           Case
           of
           Hitchcock
           and
           Hitchcock
           ,
           there
           was
           a
           Contract
           between
           the
           Vicar
           and
           Parishioners
           ,
           but
           it
           was
           denied
           to
           be
           a
           real
           Composition
           ,
           although
           confirmed
           by
           the
           Ordinary
           ,
           and
           affirmed
           not
           to
           be
           binding
           to
           the
           Successors
           .
        
         
           A
           Composition
           by
           a
           meer
           verbal
           Agreement
           in
           the
           Case
           of
           Hawles
           and
           
           
           Bayfield
           was
           declared
           to
           be
           neither
           binding
           to
           the
           Party
           nor
           his
           Successors
           .
           But
           in
           the
           Case
           of
           Tanner
           and
           Small
           it
           was
           declared
           to
           hold
           for
           Years
           ,
           
           but
           not
           for
           Life
           .
        
         
           My
           Lord
           Coke
           seems
           to
           be
           of
           Opinion
           ,
           That
           if
           it
           be
           a
           Prescription
           ,
           it
           must
           be
           time
           out
           of
           Memory
           of
           Man
           ;
           
           but
           that
           a
           real
           Composition
           may
           be
           either
           before
           ,
           
           or
           within
           Memory
           of
           Man
           ;
           but
           then
           it
           must
           be
           by
           Parson
           ,
           
           Patron
           ,
           
           and
           Ordinary
           .
        
         
           It
           is
           well
           observed
           by
           Sir
           
             Simon
             Degge
          
           in
           his
           useful
           Book
           about
           these
           matters
           ,
           
           that
           although
           real
           Compositions
           are
           supposed
           in
           Law
           to
           be
           the
           Foundation
           of
           Prescriptions
           
             de
             Modo
             decimandi
          
           ,
           
           where
           the
           Patron
           ,
           Ordinary
           and
           Parson
           did
           consent
           to
           them
           ;
           yet
           that
           the
           most
           of
           them
           have
           grown
           up
           by
           the
           Negligence
           and
           Carelesness
           of
           the
           Clergy
           themselves
           ,
           which
           ,
           I
           am
           afraid
           ,
           is
           too
           true
           .
        
         
         
           And
           he
           is
           of
           Opinion
           ,
           That
           no
           real
           Composition
           can
           be
           made
           now
           to
           bind
           the
           Successor
           ,
           since
           the
           Statute
           ,
           13
           
             Eliz.
             c.
          
           10.
           which
           restrains
           all
           binding
           Grants
           to
           One
           and
           twenty
           Years
           ,
           or
           Three
           Lives
           ;
           and
           if
           so
           ,
           then
           the
           Consent
           of
           Patron
           and
           Ordinary
           cannot
           make
           it
           good
           .
        
         
           2.
           
           It
           must
           be
           reasonable
           ,
           and
           therefore
           it
           hath
           been
           rejected
           in
           these
           Cases
           :
        
         
           1.
           
           If
           it
           be
           a
           Prescription
           to
           pay
           a
           certain
           Tithe
           without
           the
           Parson's
           View
           of
           the
           Nine
           Parts
           ,
           because
           ,
           saith
           Hobart
           ,
           
           it
           is
           against
           the
           Law
           of
           Partition
           ,
           
           in
           the
           Case
           of
           Wilson
           and
           the
           Bishop
           of
           Carlisle
           .
        
         
           2.
           
           If
           there
           be
           no
           Recompence
           to
           the
           Parson
           ,
           
           as
           in
           the
           Case
           of
           Scory
           and
           Barber
           ,
           
           the
           Prescription
           was
           founded
           on
           the
           Parishioners
           finding
           Straw
           for
           the
           Body
           of
           the
           Church
           .
           
        
         
           3.
           
           If
           it
           be
           for
           paying
           only
           what
           was
           due
           in
           lieu
           of
           other
           Tithes
           ;
           as
           
           in
           the
           Case
           of
           Ingoldsby
           and
           Iohnson
           ,
           
           that
           they
           paid
           their
           other
           Tithes
           in
           lieu
           of
           Tithes
           of
           dry
           Cattel
           ;
           
           or
           in
           Case
           a
           Load
           of
           Hay
           be
           prescribed
           for
           in
           lieu
           of
           Tithe-Hay
           ,
           
           or
           Ten
           Sheafs
           of
           Corn
           for
           the
           Tithe
           of
           all
           the
           rest
           .
        
         
           4.
           
           If
           it
           be
           not
           for
           something
           certain
           and
           durable
           .
           
           For
           this
           ,
           saith
           Hobart
           ,
           shews
           an
           Original
           Weakness
           in
           the
           Composition
           ;
           being
           of
           a
           thing
           certain
           and
           durable
           for
           that
           which
           is
           not
           so
           .
        
         
           IV.
           The
           last
           Exemption
           or
           Discharge
           that
           is
           pleaded
           as
           to
           the
           payment
           of
           Tithes
           ,
           is
           Unity
           of
           Possession
           :
           That
           is
           ,
           where
           a
           Monastery
           had
           the
           Right
           of
           Tithes
           by
           Appropriation
           ,
           and
           had
           other
           Lands
           which
           did
           not
           pay
           Tithes
           ,
           because
           the
           owners
           were
           to
           receive
           them
           ,
           these
           were
           actually
           free
           at
           the
           time
           of
           Dissolution
           ;
           and
           the
           Question
           is
           ,
           Whether
           
           they
           are
           legally
           so
           by
           Virtue
           of
           the
           Statute
           ?
           It
           cannot
           be
           denied
           ,
           that
           Unity
           of
           Possession
           is
           in
           it self
           no
           legal
           Discharge
           ;
           but
           whether
           by
           the
           Words
           of
           the
           Statute
           the
           Judges
           were
           divided
           in
           Opinion
           .
           
           But
           afterwards
           in
           the
           Case
           of
           Green
           and
           Bosekin
           the
           Judges
           allowed
           it
           ,
           
           so
           it
           were
           not
           a
           meer
           Unity
           of
           Estate
           ,
           but
           of
           Occupation
           .
           
           Hobart
           saith
           ,
           
           That
           after
           it
           had
           been
           long
           controverted
           ,
           
           it
           was
           received
           as
           the
           common
           Opinion
           .
           Coke
           ,
           
           That
           where
           Unity
           of
           Possession
           gives
           a
           Discharge
           ,
           the
           Title
           must
           be
           clear
           ,
           the
           Non-payment
           general
           ,
           and
           the
           Prescription
           time
           out
           of
           Memory
           ;
           but
           if
           the
           Appropriation
           were
           made
           in
           the
           time
           of
           
             Ed.
             4.
             
             H.
          
           6.
           it
           could
           not
           be
           discharged
           by
           Unity
           ;
           nor
           if
           it
           were
           a
           late
           Abby-prescription
           .
        
         
           Thus
           I
           have
           endeavoured
           to
           lay
           this
           matter
           before
           you
           as
           briefly
           and
           clearly
           as
           I
           could
           ,
           from
           the
           best
           
           Light
           I
           could
           get
           ,
           that
           I
           might
           give
           you
           such
           Directions
           ,
           that
           you
           may
           neither
           run
           into
           needless
           and
           vexatious
           Suits
           ,
           nor
           be
           run
           down
           by
           frivolous
           Pretences
           .
           It
           is
           your
           great
           Advantage
           that
           you
           have
           the
           Law
           of
           your
           side
           ,
           if
           you
           understand
           it
           a
           right
           ;
           but
           have
           a
           care
           of
           being
           set
           on
           by
           such
           ,
           whose
           Interest
           it
           is
           to
           promote
           Suits
           ;
           and
           I
           am
           sure
           it
           is
           yours
           to
           prevent
           them
           ,
           
             if
             it
             be
             possible
             ,
             and
             as
             much
             as
             lies
             in
             you
             .
          
           The
           Church's
           Right
           is
           not
           to
           suffer
           by
           your
           Negligence
           ;
           and
           you
           are
           not
           to
           make
           the
           Church
           to
           suffer
           by
           your
           Contentions
           .
           He
           that
           loves
           going
           to
           Law
           ,
           seldom
           fails
           of
           having
           enough
           of
           it
           ;
           he
           suffers
           in
           his
           Purse
           ,
           in
           his
           Reputation
           ,
           in
           his
           Interest
           ,
           and
           the
           Church
           suffers
           by
           his
           Means
           .
           Endeavour
           to
           gain
           ,
           as
           much
           as
           may
           be
           ,
           the
           Love
           of
           your
           People
           by
           a
           kind
           ,
           modest
           ,
           courteous
           and
           peaceable
           Behaviour
           ,
           which
           is
           the
           best
           
           way
           to
           prevent
           ,
           or
           to
           compose
           Differences
           .
           If
           you
           are
           forced
           to
           sue
           for
           your
           Maintenance
           ,
           let
           them
           see
           that
           you
           are
           forced
           to
           it
           ,
           and
           that
           you
           are
           always
           willing
           to
           put
           an
           end
           to
           all
           such
           Disputes
           ,
           if
           the
           Church's
           Right
           be
           secured
           ,
           which
           you
           are
           bound
           to
           preserve
           .
        
      
       
         
         
           OF
           THE
           OBLIGATION
           To
           observe
           the
           Ecclesiastical
           CANONS
           AND
           CONSTITUTIONS
           ,
           AT
           A
           VISITATION
           
             October
             29
             th
             .
             1696.
             
          
        
         
           IN
           speaking
           clearly
           and
           distinctly
           to
           this
           Case
           ,
           there
           are
           these
           two
           Things
           to
           be
           considered
           ;
        
         
           I.
           By
           what
           Authority
           they
           do
           oblige
           ,
        
         
           II.
           In
           what
           Way
           and
           Manner
           they
           oblige
           .
        
         
         
           I.
           The
           first
           thing
           to
           be
           considered
           ,
           is
           the
           Authority
           by
           which
           Ecclesiastical
           Canons
           and
           Constitutions
           do
           oblige
           .
           For
           ,
           if
           there
           be
           not
           sufficient
           Authority
           ,
           there
           cannot
           be
           that
           Obligation
           on
           Conscience
           ,
           which
           supposes
           a
           legal
           Exercise
           of
           Power
           ,
           or
           a
           just
           Right
           to
           command
           .
           Our
           Obedience
           to
           the
           Orders
           of
           our
           Superiours
           ,
           is
           due
           by
           Virtue
           of
           that
           Divine
           Law
           which
           requires
           us
           to
           
             be
             subject
             for
             Conscience-sake
          
           :
           But
           our
           Obedience
           is
           to
           be
           regulated
           
             by
             the
             Order
             of
             Iustice
          
           ,
           i.e.
           it
           ought
           to
           be
           according
           to
           Law.
           Therefore
           it
           is
           necessary
           ,
           in
           the
           first
           place
           ,
           to
           enquire
           ,
           Whether
           there
           be
           among
           us
           any
           such
           things
           as
           
             Ecclesiastical
             Laws
             ,
             i.e.
          
           such
           Rules
           ,
           which
           according
           to
           the
           Constitution
           of
           our
           Government
           ,
           we
           are
           bound
           to
           observe
           .
        
         
           For
           we
           are
           Members
           of
           a
           Church
           established
           by
           Law
           ;
           and
           there
           are
           legal
           Duties
           incumbent
           on
           us
           ,
           with
           
           respect
           ,
           not
           only
           to
           the
           Laws
           of
           God
           ,
           but
           of
           the
           Realm
           .
           For
           ,
           although
           our
           Office
           and
           Authority
           ,
           as
           Church-men
           ,
           hath
           a
           higher
           Original
           ;
           yet
           the
           Limitation
           of
           the
           Exercise
           of
           it
           ,
           is
           within
           such
           Bounds
           as
           are
           allowed
           and
           fixed
           by
           the
           Law
           of
           the
           Land.
           
        
         
           It
           is
           therefore
           a
           matter
           of
           great
           Consequence
           to
           us
           to
           understand
           how
           far
           our
           Ecclesiastical
           Constitutions
           are
           grounded
           upon
           the
           Law
           of
           the
           Land
           ,
           which
           cannot
           be
           done
           without
           searching
           into
           the
           Foundations
           of
           our
           Laws
           .
        
         
           Which
           lie
           in
           three
           Things
           :
           1.
           
           Immemorial
           Custom
           .
           2.
           
           General
           Practice
           and
           Allowance
           .
           3.
           
           Authority
           of
           Parliament
           .
        
         
           And
           I
           shall
           endeavour
           to
           shew
           how
           far
           our
           Ecclesiastical
           Constitutions
           are
           founded
           on
           these
           .
        
         
         
           1.
           
           Immemorial
           Custom
           .
           
             Our
             greatest
             Lawyers
             allow
             Ancient
             Custom
             to
             be
             one
             of
             the
             Foundations
             of
             our
             Laws
          
           ;
           
           
             and
             my
             Lord
          
           Coke
           
             calls
             it
          
           one
           of
           the
           main
           Triangles
           of
           the
           Laws
           of
           
             England
             .
             I
             suppose
             he
             means
          
           Foundations
           .
           
             And
             another
             saith
          
           ,
           
           That
           the
           Common
           Law
           of
           England
           is
           nothing
           else
           but
           the
           common
           Custom
           of
           the
           Realm
           .
           
           
             My
             Lord
             Chief
             Justice
          
           Hales
           saith
           ,
           
           That
           the
           common
           Usage
           ,
           Custom
           and
           Practice
           of
           the
           Kingdom
           ,
           is
           one
           of
           the
           main
           Constituents
           of
           our
           Law.
           
           Coke
           quotes
           Bracton
           '
           
             s
             Authority
             to
             prove
             ,
             That
          
           Custom
           obtains
           among
           us
           the
           Force
           of
           a
           Law
           ,
           where
           it
           is
           received
           and
           approved
           by
           long
           Use.
           And
           of
           every
           Custom
           ,
           
             he
             saith
          
           ,
           there
           be
           two
           Essential
           Parts
           ,
           Time
           and
           Usage
           ;
           Time
           out
           of
           Mind
           ,
           and
           continual
           and
           peaceable
           Usage
           without
           Interruption
           .
           
             But
             in
             Case
             of
             Prescription
             or
             Custom
             ,
             he
             saith
             ,
             That
          
           an
           Interruption
           of
           Ten
           or
           Twenty
           Years
           hinders
           not
           the
           Title
           ,
           
           but
           an
           Interruption
           
           in
           the
           Right
           ;
           
             the
             other
             is
             only
             an
             actual
          
           Suspension
           for
           a
           time
           .
        
         
           It
           may
           be
           asked
           ,
           How
           Time
           and
           Usage
           come
           to
           make
           Laws
           ,
           since
           
             Time
             hath
             no
             Operation
             in
             Law
             ,
          
           
           saith
           Grotius
           ?
        
         
           
             Not
             of
             it self
          
           ,
           as
           Grotius
           there
           saith
           ,
           but
           with
           the
           Concurrence
           of
           other
           Circumstances
           it
           may
           .
        
         
           Bracton
           saith
           ,
           
           
             longa
             possessio
             parit
             jus
             possidendi
          
           ;
           and
           by
           a
           long
           and
           peaceable
           Possession
           Dominion
           is
           transferred
           ,
           without
           either
           Title
           or
           Delivery
           ;
           which
           he
           founds
           on
           this
           good
           Reason
           ,
           
           That
           all
           Claims
           of
           Right
           ought
           to
           have
           a
           certain
           Limitation
           of
           Time
           ,
           
           and
           length
           of
           Time
           takes
           away
           any
           Proof
           to
           the
           contrary
           .
           Littleton
           saith
           ,
           
           
             That
             Time
             out
             of
             Memory
             of
             Man
             ,
             is
             said
             to
             give
             Right
             ,
             because
             no
             Proof
             can
             be
             brought
             beyond
             it
             .
          
           And
           this
           he
           calls
           
             Prescription
             at
             Common
             Law
          
           ,
           as
           it
           is
           distinguished
           from
           Prescription
           by
           the
           several
           Statutes
           of
           Limitations
           .
        
         
         
           But
           whence
           is
           it
           then
           ,
           that
           an
           immemorial
           Possession
           gives
           Right
           ?
        
         
           Is
           it
           from
           the
           meer
           Silence
           of
           the
           Parties
           concerned
           to
           claim
           it
           ?
           No
           ,
           Silence
           gives
           no
           Consent
           ,
           where
           Ignorance
           or
           Fear
           may
           be
           the
           Cause
           of
           it
           .
           And
           is
           it
           a
           Punishment
           upon
           the
           Neglect
           of
           the
           Party
           concerned
           ?
           So
           Bracton
           saith
           ,
           
             Time
             doth
             it
             per
             patientiam
             &
             negligentiam
             veri
             Domini
             .
          
           But
           meer
           Neglect
           doth
           not
           overthrow
           Right
           ,
           unless
           there
           be
           an
           antecedent
           Law
           to
           make
           that
           Neglect
           a
           Forfeiture
           ?
        
         
           Is
           it
           from
           a
           
             Presumptive
             Dereliction
          
           ?
           But
           that
           supposes
           not
           bare
           Continuance
           of
           Time
           ,
           but
           some
           kind
           of
           voluntary
           Act
           ,
           which
           implies
           a
           sort
           of
           Consent
           which
           doth
           not
           appear
           in
           this
           Case
           .
           And
           it
           is
           a
           great
           Mistake
           in
           those
           ,
           who
           think
           there
           is
           no
           
             Presumptive
             Dereliction
          
           ,
           where
           there
           is
           not
           a
           full
           Consent
           ;
           for
           it
           may
           be
           ,
           where
           there
           is
           the
           Consent
           
           of
           a
           
             mixt
             Will
             ,
             i.e.
          
           partly
           voluntary
           ,
           and
           partly
           involuntary
           ;
           when
           the
           Circumstances
           are
           such
           ,
           as
           the
           Person
           rather
           chuses
           to
           leave
           his
           Right
           ,
           than
           submit
           to
           the
           lawful
           Conditions
           of
           enjoying
           it
           :
           As
           if
           a
           Man
           would
           rather
           quit
           his
           Fee
           than
           perform
           the
           Service
           which
           belongs
           to
           it
           .
        
         
           Is
           it
           from
           the
           common
           Interest
           of
           Mankind
           ,
           that
           some
           Bounds
           be
           fixed
           to
           all
           Claims
           of
           Right
           ?
           Because
           otherwise
           that
           Men
           will
           be
           liable
           to
           perpetual
           Disturbance
           ,
           if
           the
           Right
           be
           permitted
           to
           be
           claimed
           beyond
           any
           possibility
           of
           Proof
           .
        
         
           Or
           is
           it
           ,
           lastly
           ,
           that
           in
           such
           Nations
           where
           immemorial
           Custom
           obtains
           the
           Force
           of
           a
           Law
           ,
           it
           seems
           agreeable
           to
           the
           Foundations
           of
           Law
           ,
           that
           a
           long
           continued
           Possession
           should
           carry
           Right
           along
           with
           it
           .
        
         
           And
           this
           was
           the
           Case
           here
           in
           England
           ,
           as
           not
           only
           appears
           by
           
           what
           Bracton
           hath
           said
           ,
           
           but
           Glanvil
           makes
           a
           great
           part
           of
           our
           Law
           to
           consist
           of
           reasonable
           Customs
           of
           long
           Continuance
           .
           And
           St.
           Germain
           affirms
           Ancient
           general
           Customs
           to
           be
           one
           of
           the
           principal
           Foundations
           of
           our
           Law
           ;
           
           and
           that
           they
           have
           the
           Force
           of
           Laws
           ,
           and
           that
           the
           King
           is
           bound
           by
           his
           Oath
           to
           perform
           them
           .
           And
           it
           is
           worth
           our
           while
           to
           observe
           what
           general
           Customs
           he
           doth
           instance
           in
           ;
           as
           the
           Courts
           of
           Equity
           and
           Law
           ,
           the
           Hundred
           Court
           ,
           the
           Sheriffs
           Turn
           ,
           the
           Court
           Baron
           ,
           &c.
           which
           depend
           not
           upon
           Acts
           of
           Parliament
           ,
           but
           the
           Ancient
           Custom
           of
           England
           ,
           which
           he
           calls
           the
           
             Common
             Law.
          
           And
           among
           these
           Ancient
           Customs
           ,
           he
           reckons
           up
           Rights
           of
           Descent
           ,
           Escheats
           ,
           the
           different
           sorts
           of
           Tenures
           ,
           Freeholds
           ,
           and
           the
           Laws
           of
           Property
           ,
           as
           they
           are
           received
           among
           us
           .
        
         
         
           We
           are
           now
           to
           enquire
           ,
           how
           far
           any
           of
           our
           Ecclesiastical
           Constitutions
           can
           be
           said
           to
           be
           built
           upon
           this
           Foundation
           ;
           and
           upon
           immemorial
           Custom
           generally
           received
           .
        
         
           1.
           
           I
           place
           (
           1.
           )
           the
           Distribution
           of
           this
           National
           Church
           into
           two
           Provinces
           ,
           in
           each
           whereof
           there
           is
           an
           Archbishop
           with
           Metropolitical
           Power
           ,
           which
           lies
           chiefly
           in
           these
           things
           ,
           (
           1.
           )
           The
           Right
           of
           Consecration
           of
           his
           Suffragans
           .
           (
           2.
           )
           The
           Right
           of
           Visitation
           of
           every
           Diocess
           in
           such
           Way
           and
           Manner
           as
           Custom
           hath
           settled
           it
           .
           (
           3.
           )
           The
           Right
           of
           receiving
           Appeals
           from
           Inferiour
           Courts
           of
           Judicature
           in
           Ecclesiastical
           Matters
           .
           (
           4.
           )
           The
           Right
           of
           presiding
           in
           Provincial
           Councils
           of
           the
           Suffragans
           of
           his
           Province
           ;
           which
           by
           the
           most
           Ancient
           Constitutions
           of
           this
           Church
           ,
           were
           to
           be
           held
           once
           a
           Year
           ;
           so
           it
           was
           decreed
           in
           the
           Council
           under
           Theodore
           ,
           
           
             A.
             D.
          
           673.
           
           but
           by
           the
           Difficulties
           of
           the
           times
           ,
           they
           were
           discontinued
           ;
           and
           so
           the
           Authority
           of
           examining
           things
           through
           the
           Province
           ,
           came
           by
           a
           kind
           of
           Devolution
           to
           the
           Archbishop
           and
           his
           Courts
           .
           (
           5.
           )
           The
           Custody
           of
           vacant
           Sees
           ,
           by
           the
           Custom
           of
           England
           ,
           falls
           to
           the
           Metropolitan
           ,
           if
           there
           hath
           been
           no
           Custom
           or
           Composition
           to
           the
           contrary
           .
           And
           so
           it
           hath
           been
           upon
           solemn
           ▪
           
           Debates
           resolved
           in
           our
           Courts
           of
           Common
           Law.
           
           Coke
           thinks
           that
           of
           common
           Right
           it
           belongs
           to
           the
           Dean
           and
           Chapter
           ,
           
           but
           by
           Custom
           to
           the
           Archbishop
           .
           
           But
           Panormitan
           saith
           ,
           
           
             There
             was
             no
             Pretence
             of
             common
             Right
             for
             them
             ,
             till
             the
             time
             of
          
           Boniface
           VIII
           .
        
         
           2.
           
           The
           ordinary
           Jurisdiction
           of
           every
           Bishop
           over
           the
           Clergy
           of
           his
           own
           Diocess
           .
           This
           is
           as
           ancient
           as
           Christianity
           among
           us
           .
           For
           no
           sooner
           were
           Churches
           planted
           ,
           but
           there
           
           were
           Bishops
           set
           over
           them
           ;
           who
           had
           from
           the
           Beginning
           so
           much
           Authority
           ,
           that
           none
           of
           the
           Clergy
           could
           either
           receive
           or
           quit
           his
           Benefice
           without
           their
           Consent
           and
           Approbation
           ;
           and
           they
           were
           all
           bound
           to
           give
           an
           Account
           of
           their
           Behaviour
           at
           their
           Visitations
           ;
           and
           in
           case
           of
           Contempt
           ,
           or
           other
           Misdemeamours
           ,
           they
           were
           to
           proceed
           against
           them
           according
           to
           the
           Canons
           of
           the
           Church
           .
           I
           do
           not
           say
           the
           Diocesses
           were
           at
           first
           all
           modelled
           alike
           ,
           or
           with
           the
           same
           Bounds
           which
           they
           now
           have
           ;
           which
           was
           unreasonable
           to
           suppose
           ,
           considering
           the
           gradual
           Conversion
           of
           the
           Nation
           .
           For
           at
           first
           there
           was
           but
           one
           Bishop
           in
           every
           one
           of
           the
           Saxon
           Kingdoms
           ,
           except
           Kent
           ,
           where
           was
           but
           one
           Suffragan
           to
           the
           Metropolitan
           for
           some
           time
           ,
           till
           the
           Kingdoms
           came
           to
           be
           united
           ;
           or
           the
           Kings
           consented
           to
           an
           Increase
           of
           
           several
           Diocesses
           ,
           and
           uniting
           them
           under
           one
           Metropolitan
           ,
           which
           was
           a
           Work
           of
           Time.
           But
           in
           all
           the
           Saxon
           Councils
           we
           find
           no
           mention
           of
           any
           Ecclesiastical
           Jurisdiction
           ,
           but
           what
           was
           in
           the
           Bishops
           themselves
           ,
           
             Concil
             .
             Cloveshoo
             ,
             Can.
             1
             ,
             4
             ,
             5.
             
             Concil
             .
             Cealchyth
             .
             Can.
             1.
             
             Egbert
             Canon
             .
             c.
             45
             ,
             62.
             
          
           The
           first
           who
           began
           to
           seek
           for
           Exemptions
           ,
           were
           the
           Abbots
           ,
           who
           were
           under
           the
           Bishop's
           Jurisdiction
           ,
           who
           was
           too
           near
           them
           ;
           and
           therefore
           they
           endeavoured
           to
           get
           under
           the
           Pope's
           immediate
           Jurisdiction
           by
           Charters
           of
           Exemption
           ,
           which
           the
           great
           Abbies
           either
           procured
           or
           made
           ;
           and
           the
           more
           Ancient
           the
           more
           Suspicious
           .
           But
           the
           Lord
           Chancellor
           and
           three
           Chief
           Judges
           declared
           ,
           
           That
           by
           the
           Common
           Law
           of
           England
           ,
           every
           Bishop
           in
           his
           Diocess
           ,
           and
           the
           Archbishops
           in
           Convocation
           may
           make
           Canons
           to
           bind
           within
           the
           Limits
           of
           their
           Jurisdiction
           .
        
         
         
           3.
           
           The
           subordinate
           Jurisdiction
           which
           was
           lodged
           in
           the
           Bodies
           of
           the
           Clergy
           resident
           in
           Cathedral
           Churches
           ,
           and
           of
           Archdeacons
           in
           the
           several
           Diocesses
           :
           I
           cannot
           find
           either
           of
           these
           to
           have
           had
           any
           Jurisdiction
           here
           before
           the
           Conquest
           ,
           neither
           were
           there
           any
           Courts
           of
           Justice
           out
           of
           the
           several
           Counties
           before
           ;
           for
           all
           Causes
           were
           transacted
           in
           the
           County-Courts
           and
           
             Sheriffs
             Turns
          
           ,
           and
           Appeals
           lay
           from
           them
           to
           the
           Supreme
           Judicature
           of
           the
           King
           and
           the
           Lords
           .
           But
           this
           doth
           not
           hinder
           but
           these
           Courts
           may
           be
           founded
           on
           the
           Law
           of
           England
           .
           And
           so
           the
           original
           Jurisdiction
           ,
           which
           of
           Right
           belonged
           to
           the
           Bishop
           ,
           might
           by
           degrees
           ,
           and
           a
           gradual
           Consent
           ,
           come
           to
           be
           committed
           ,
           as
           to
           some
           parts
           ,
           to
           the
           Bodies
           of
           Cathedral
           Churches
           ,
           and
           to
           the
           Archdeacons
           ,
           who
           are
           ,
           saith
           my
           Lord
           Coke
           ,
           
           Sixty
           in
           England
           .
           We
           are
           told
           in
           a
           late
           Case
           of
           
           Woodward
           and
           Fox
           ,
           
           
             That
             there
             are
             Archdeaconries
             in
          
           England
           
             by
             Prescription
             ,
             which
             have
             no
             Dependency
             on
             the
             Bishop
             ,
             but
             are
             totally
             exempt
             .
          
           And
           for
           this
           Godolphin
           is
           cited
           ,
           
           who
           refers
           to
           the
           Gloss
           on
           the
           
             Legatine
             Constitutions
             ,
             f.
          
           27.
           where
           we
           read
           of
           
             some
             Archdeacons
             having
             a
             customary
             and
             limited
             Iurisdiction
             separate
             from
             the
             Bishop
             ,
             for
             which
             a
             Prescription
             lies
             .
          
           But
           this
           is
           only
           for
           some
           
             special
             Iurisdiction
          
           ;
           as
           the
           Archdeacon
           of
           Richmond
           for
           Institutions
           ,
           which
           came
           first
           by
           Grant
           from
           the
           Bishops
           ;
           but
           that
           not
           being
           to
           be
           produced
           ,
           they
           insist
           upon
           Custom
           and
           Prescription
           ,
           as
           the
           Deans
           and
           Chapters
           do
           ,
           where
           the
           Ancient
           Compositions
           are
           lost
           .
           But
           none
           who
           understand
           the
           Ancient
           Constitution
           of
           this
           Church
           ,
           can
           suppose
           either
           of
           them
           to
           have
           been
           Original
           ,
           since
           the
           Right
           to
           the
           Jurisdiction
           of
           the
           Diocess
           was
           in
           the
           Bishop
           ,
           before
           there
           were
           here
           either
           
           Archdeacons
           or
           Chapters
           with
           Jurisdiction
           .
           
           In
           the
           Case
           of
           Chiverton
           and
           Trudgeon
           ,
           it
           was
           declared
           ,
           That
           an
           Archdeacon
           might
           have
           a
           peculiar
           Jurisdiction
           ,
           as
           to
           Administration
           ,
           &c.
           as
           the
           Dean
           of
           St.
           Paul's
           had
           at
           S.
           Pancras
           ;
           and
           so
           the
           Archdeacon
           of
           Cornwall
           ,
           as
           to
           Wills.
           In
           the
           case
           of
           Gastril
           and
           Iones
           the
           Chief
           Justice
           declared
           ,
           That
           the
           Archdeacon
           is
           the
           Bishop's
           Officer
           ,
           and
           his
           Authority
           subordinate
           to
           the
           Bishops
           ,
           
           and
           granted
           by
           them
           ;
           but
           if
           special
           Custom
           be
           pleaded
           ,
           that
           must
           be
           well
           proved
           ;
           to
           which
           Dodderidge
           agreed
           .
        
         
           But
           we
           must
           distinguish
           between
           
             Archdeaconries
             by
             Prescription
          
           ,
           for
           which
           I
           can
           find
           no
           Foundation
           (
           being
           all
           derived
           by
           Grant
           from
           the
           Bishop
           )
           and
           Archdeacons
           having
           some
           kind
           of
           
             Iurisdiction
             by
             Prescription
          
           ,
           which
           others
           have
           not
           ;
           which
           cannot
           be
           denied
           .
           All
           the
           Power
           which
           the
           
           Archdeacons
           have
           by
           virtue
           of
           their
           Office
           ,
           is
           
             per
             modum
             scrutationis
             simplicis
          
           ,
           
           as
           Lyndwood
           speaks
           ,
           
             tanquam
             Vicarius
             Episcopi
          
           :
           Whatever
           Power
           they
           have
           beyond
           this
           ,
           is
           not
           
             Iure
             communi
          
           ,
           but
           
             Iure
             speciali
          
           ,
           and
           depends
           either
           upon
           Grant
           or
           Custom
           ;
           which
           the
           Gloss
           on
           the
           
             Legatine
             Constitutions
          
           calls
           
             a
             limited
             Iurisdiction
          
           .
           
        
         
           The
           Archdeacon's
           Court
           
             is
             declared
             by
             the
             Judges
             in
          
           Woodward
           '
           
             s
             Case
          
           ,
           
           
             to
             have
             been
          
           ,
           
           time
           out
           of
           Mind
           ,
           settled
           as
           a
           distinct
           Court
           ,
           from
           which
           there
           lies
           an
           Appeal
           to
           the
           Bishop's
           Court
           ,
           
             by
             the
             Statute
          
           ,
           24
           H.
           8.
           c.
           12.
           
        
         
           And
           so
           the
           
           Archdeacon's
           Jurisdiction
           is
           founded
           on
           an
           immemorial
           Custom
           ,
           in
           Subordination
           to
           the
           Bishops
           .
        
         
           As
           to
           Deans
           and
           Chapters
           ,
           I
           observe
           these
           things
           :
        
         
           1.
           
           
             That
             although
             Ecclesiastical
             Bodies
             in
             Cathedrals
             were
             very
             ancient
             ,
             yet
             we
             read
             not
             of
             any
             Jurisdiction
             
             peculiar
             to
             themselves
             ,
             during
             the
          
           Saxon
           times
           .
           
           
             My
             Lord.
          
           Coke
           saith
           ,
           There
           were
           Chapters
           ,
           as
           the
           Bishop's
           Council
           ,
           before
           they
           had
           distinct
           possessions
           .
           And
           by
           their
           Books
           ,
           
             he
             saith
          
           ,
           it
           appears
           ,
           that
           the
           Bishops
           parted
           with
           some
           of
           their
           Possessions
           to
           them
           ,
           and
           so
           they
           became
           Patrons
           of
           the
           Prebends
           of
           the
           Church
           :
           
             Such
             were
          
           London
           ,
           York
           and
           Litchfield
           .
        
         
           2.
           
           That
           several
           of
           our
           Chapters
           were
           founded
           and
           endowed
           by
           the
           Bishops
           since
           the
           Conquest
           :
           Such
           was
           that
           of
           Salusbury
           by
           Osmund
           out
           of
           his
           own
           Estate
           ,
           as
           appears
           by
           his
           Charter
           ,
           and
           the
           Confirmation
           of
           H.
           2.
           
           So
           was
           that
           of
           Lincoln
           by
           Remigius
           ,
           who
           removed
           the
           See
           from
           Dorchester
           thither
           ,
           and
           placed
           there
           a
           Dean
           ,
           Treasurer
           ,
           Praecentor
           ,
           and
           Seven
           Archdeacons
           ,
           as
           Henry
           of
           Huntingdon
           saith
           ,
           who
           lived
           near
           the
           time
           .
           And
           in
           following
           times
           those
           of
           Exeter
           and
           Wells
           were
           settled
           as
           
           Dean
           and
           Chapter
           ;
           for
           they
           were
           Ecclesiastical
           Bodies
           before
           ,
           but
           not
           under
           that
           Denomination
           .
        
         
           3.
           
           That
           some
           had
           the
           legal
           Rights
           of
           Dean
           and
           Chapters
           ,
           as
           to
           Election
           of
           Bishops
           ,
           and
           Confirmation
           of
           Leases
           ,
           &c.
           but
           were
           a
           Monastick
           Body
           consisting
           of
           Prior
           and
           Convent
           :
           Such
           were
           
             Canterbury
             ,
             Winchester
             ,
             Worcester
          
           ,
           after
           the
           Expulsion
           of
           the
           Secular
           Canons
           ;
           for
           the
           Monks
           not
           only
           enjoyed
           their
           Lands
           ,
           but
           were
           willing
           enough
           to
           continue
           the
           Name
           of
           Dean
           among
           them
           As
           at
           Canterbury
           ,
           after
           
           Dunstan's
           time
           ,
           Agelmothas
           is
           called
           Dean
           ;
           in
           
             Worcester
             Wolstan
          
           is
           called
           Dean
           when
           he
           was
           Prior
           ;
           
           and
           Winsius
           ,
           upon
           the
           first
           Change
           ,
           is
           said
           to
           be
           placed
           
             loco
             Decani
          
           ,
           
           by
           Florence
           of
           Worcester
           .
           At
           
             Norwich
             ,
             Herbert
          
           the
           Bishop
           founded
           the
           Prior
           and
           Convent
           out
           of
           his
           own
           Possessions
           in
           the
           time
           of
           
             William
             II.
          
           and
           they
           became
           the
           Chapter
           of
           the
           
           Bishop
           by
           their
           Foundation
           .
           
           Now
           as
           to
           these
           ,
           it
           is
           resolved
           in
           the
           Dean
           and
           Chapter
           of
           
           Norwich's
           Case
           ,
           That
           when
           the
           King
           transferred
           them
           from
           a
           Prior
           and
           Convent
           ,
           the
           
             Legal
             Rights
          
           remained
           the
           same
           .
           
           And
           in
           Hayward
           and
           
           Fulcher's
           Case
           ,
           
           the
           Judges
           declared
           ,
           
           That
           
             an
             Ecclesiastical
             Body
             may
             surrender
             their
             Lands
             ,
             but
             they
             cannot
             dissolve
             their
             Corporation
             ,
          
           
           
             but
             they
             still
             remain
             a
             Chapter
             to
             the
             Bishop
             .
          
           And
           it
           was
           not
           only
           then
           delivered
           ,
           but
           since
           insisted
           upon
           in
           a
           famous
           Case
           ,
           
           
             That
             it
             was
             the
             Resolution
             of
             the
             Iudges
             ,
             That
             a
             Surrender
             cannot
             be
             made
             by
             a
             Dean
             and
             Chapter
             ,
             without
             Consent
             of
             the
             Bishop
             ,
             because
             he
             hath
             an
             Interest
             in
             them
             .
          
        
         
           4.
           
           That
           H.
           8.
           endowed
           some
           as
           Chapters
           to
           new
           erected
           Bishopricks
           ,
           as
           
             Chester
             ,
             Bristol
             ,
             Oxford
          
           ,
           &c.
           
           31
           
             H.
             8
             ,
             9.
             34
             
             H.
          
           8.
           17.
           and
           united
           others
           ,
           as
           Bath
           and
           Wells
           ,
           and
           Coventry
           and
           
           
             Litchfield
             ,
             33
             H.
             8.
             30.
             34
             
             H.
             8.
             15.
             
          
        
         
           5.
           
           That
           where
           the
           Custom
           hath
           so
           obtained
           ,
           there
           may
           be
           a
           Legal-Chapter
           without
           a
           Dean
           ;
           as
           in
           the
           Diocesses
           of
           S.
           David's
           and
           Landaff
           ,
           where
           there
           is
           no
           other
           Head
           of
           the
           Chapter
           but
           the
           Bishop
           ;
           but
           they
           must
           act
           as
           a
           distinct
           Body
           in
           Elections
           and
           Confirmations
           of
           Grants
           by
           the
           Bishops
           .
        
         
           6.
           
           That
           by
           the
           Ancient
           Custom
           of
           England
           ,
           there
           are
           sole
           Ecclesiastical
           Corporations
           as
           well
           as
           aggregate
           .
           A
           sole
           Ecclesiastical
           Corporation
           ,
           is
           ,
           where
           a
           single
           Person
           represents
           a
           whole
           Succession
           ,
           and
           under
           that
           Capacity
           is
           impowered
           to
           Receive
           and
           to
           Convey
           an
           Estate
           to
           his
           Successors
           :
           As
           Bishops
           ,
           Deans
           ,
           Archdeacons
           ,
           
           Parsons
           ,
           &c.
           
           But
           Parsons
           and
           Vicars
           are
           seized
           only
           in
           Right
           of
           the
           Church
           ,
           but
           as
           to
           a
           Bishop
           ,
           
             he
             may
             have
             a
             Writ
             of
             Right
             ,
             
             because
             the
             Fee-simple
             abideth
             in
             him
             and
             his
             Chapter
          
           ;
           
           
             and
             so
             may
             a
             Dean
             and
             Master
             of
             an
             Hospital
             :
          
           
           And
           these
           are
           called
           
             Bodies
             Politick
          
           by
           Littleton
           .
        
         
           That
           the
           Exercise
           of
           the
           Bishop's
           Power
           may
           be
           restrained
           by
           ancient
           Compositions
           ,
           as
           is
           seen
           in
           the
           two
           Ancient
           Ecclesiastical
           Bodies
           of
           St.
           Paul's
           and
           Litchfield
           .
           Concerning
           which
           ,
           it
           is
           to
           be
           observed
           ,
           That
           where
           the
           Compositions
           are
           extant
           ,
           both
           Parties
           are
           equally
           bound
           to
           observe
           their
           parts
           .
           Thus
           by
           the
           Remisness
           and
           Absence
           of
           the
           Bishops
           of
           Litchfield
           from
           their
           See
           ,
           by
           going
           to
           Chester
           ,
           and
           then
           to
           Coventry
           ,
           the
           Deans
           had
           great
           Power
           lodged
           in
           them
           ,
           as
           to
           Ecclesiastical
           Jurisdiction
           there
           .
           After
           long
           Contests
           ,
           the
           matter
           came
           to
           a
           Composition
           ,
           
             A.
             D.
             1428.
          
           by
           which
           the
           Bishops
           were
           to
           visit
           them
           but
           once
           in
           Seven
           Years
           ,
           and
           the
           Chapter
           had
           Jurisdiction
           over
           their
           own
           Peculiars
           .
           So
           in
           the
           
           Church
           of
           Sarum
           the
           Dean
           hath
           very
           large
           Jurisdiction
           ,
           even
           out
           of
           the
           Bishop's
           Diocess
           ;
           which
           makes
           it
           probable
           to
           have
           been
           very
           ancient
           ;
           but
           upon
           contest
           ,
           it
           was
           settled
           by
           Composition
           between
           the
           Bishop
           ,
           Dean
           ,
           and
           Chapter
           ,
           
             A.
             D.
          
           1391.
           
           But
           where
           there
           are
           no
           Compositions
           ,
           it
           depends
           upon
           Custom
           ,
           which
           limits
           the
           Exercise
           ,
           although
           it
           cannot
           deprive
           the
           Bishop
           of
           his
           Diocesan-Right
           .
        
         
           4.
           
           The
           Delegate
           Jurisdiction
           which
           was
           committed
           to
           the
           several
           Officers
           of
           the
           Bishops
           Courts
           ,
           and
           the
           Manner
           of
           their
           Proceedings
           ,
           is
           founded
           upon
           immemorial
           Custom
           .
           In
           the
           Saxon
           times
           I
           find
           no
           Delegation
           of
           Ecclesiastical
           Jurisdiction
           ;
           for
           the
           Bishops
           sate
           in
           person
           in
           the
           County-Courts
           ,
           and
           there
           heard
           Ecclesiastical
           Causes
           ,
           as
           appears
           by
           the
           Charter
           of
           H.
           1.
           
           when
           he
           pretended
           to
           restore
           the
           Saxon
           Laws
           ,
           c.
           7.
           
           But
           William
           I.
           had
           settled
           the
           Consistory-Court
           by
           as
           good
           a
           Law
           as
           any
           was
           made
           at
           that
           time
           ,
           distinct
           from
           the
           County-Court
           ,
           and
           required
           all
           Ecclesiastical
           Causes
           to
           be
           there
           heard
           ;
           and
           his
           Son
           H.
           1.
           did
           but
           make
           a
           shew
           of
           restoring
           the
           Saxon
           Laws
           ,
           and
           the
           former
           Law
           came
           to
           be
           generally
           received
           ;
           and
           so
           Mr.
           Selden
           yields
           ,
           
           that
           
             it
             grew
             to
             be
             a
             general
             Law
          
           ;
           which
           shews
           that
           it
           obtained
           the
           Force
           of
           a
           Law
           by
           Consent
           ,
           as
           well
           as
           by
           Authority
           .
           The
           Consistory-Courts
           being
           thus
           settled
           ,
           and
           Numbers
           of
           Causes
           there
           depending
           ,
           and
           the
           Bishops
           being
           then
           by
           H.
           2.
           in
           the
           Constitutions
           of
           Clarendon
           strictly
           tied
           to
           Attendance
           upon
           the
           Supreme
           Courts
           of
           Judicature
           ,
           with
           other
           Barons
           ,
           there
           came
           a
           Necessity
           of
           taking
           in
           other
           Persons
           with
           a
           delegated
           Power
           to
           hear
           Causes
           ,
           and
           to
           do
           such
           other
           Acts
           of
           
           Jurisdiction
           as
           the
           Bishops
           should
           appoint
           .
           For
           it
           was
           still
           allowed
           that
           
             Iure
             communi
          
           ,
           
           the
           Jurisdiction
           was
           in
           the
           Bishop
           ;
           but
           
             Iure
             speciali
             ,
             &
             in
             auxilium
             Episcopi
             ,
          
           it
           might
           be
           delegated
           to
           others
           .
           And
           so
           it
           hath
           been
           here
           received
           ,
           and
           not
           only
           here
           ,
           but
           it
           hath
           been
           the
           general
           Practice
           of
           Christendom
           .
           As
           to
           the
           manner
           of
           Proceeding
           in
           the
           Ecclesiastical
           Courts
           ,
           it
           is
           the
           same
           in
           all
           Parts
           ,
           and
           built
           on
           the
           same
           Grounds
           with
           those
           of
           our
           Courts
           of
           Equity
           and
           Admiralty
           ,
           which
           are
           as
           different
           from
           those
           of
           the
           Common
           Law.
           
        
         
           5.
           
           The
           settling
           Parochial
           Rights
           ,
           or
           the
           Bounds
           of
           Parishes
           depends
           upon
           an
           ancient
           and
           immemorial
           Custom
           .
           For
           they
           were
           not
           limited
           by
           any
           Act
           of
           Parliament
           ,
           nor
           set
           forth
           by
           special
           Commissioners
           ;
           but
           as
           the
           Circumstances
           of
           Times
           ,
           and
           Places
           ,
           and
           Persons
           did
           happen
           
           to
           make
           them
           greater
           or
           lesser
           .
        
         
           In
           some
           places
           Parishes
           seem
           to
           interfere
           ,
           when
           some
           place
           in
           the
           middle
           of
           another
           Parish
           belongs
           to
           one
           that
           is
           distant
           ;
           but
           that
           hath
           generally
           happened
           by
           an
           Unity
           of
           Possession
           ,
           when
           the
           Lord
           of
           a
           Manor
           was
           at
           the
           Charge
           to
           erect
           a
           new
           Church
           ,
           and
           make
           a
           distinct
           Parish
           of
           his
           own
           Demesns
           ,
           some
           of
           which
           lay
           in
           the
           Compass
           of
           another
           Parish
           .
           But
           now
           care
           is
           taken
           by
           Annual
           Perambulations
           to
           preserve
           those
           Bounds
           of
           Parishes
           ,
           which
           have
           been
           long
           settled
           by
           Custom
           .
           But
           the
           Bounds
           of
           Parishes
           is
           not
           allowed
           to
           belong
           to
           the
           Ecclesiastical
           Jurisdiction
           .
        
         
           II.
           The
           next
           Foundation
           of
           Law
           is
           a
           
             General
             Practice
          
           ,
           and
           Allowance
           i.e.
           when
           things
           of
           themselves
           do
           not
           oblige
           by
           the
           Authority
           of
           those
           that
           made
           them
           ;
           yet
           being
           generally
           received
           and
           allowed
           ,
           
           they
           thereby
           become
           Law
           to
           us
           .
           This
           we
           have
           in
           an
           Act
           of
           Parliament
           ,
           25
           
             H.
             8.
             c.
          
           21.
           wherein
           it
           is
           said
           ,
           That
           the
           People
           of
           England
           are
           only
           bound
           to
           such
           Laws
           as
           are
           properly
           their
           own
           ,
           being
           in
           Subjection
           to
           no
           Foreign
           Legislative
           Power
           .
           But
           were
           not
           many
           things
           here
           received
           for
           Laws
           ,
           which
           were
           Enacted
           by
           a
           Foreign
           Authority
           ,
           as
           the
           Papal
           and
           
             Legatine
             Constitutions
          
           ?
           True
           ,
           say
           they
           ,
           but
           it
           is
           not
           by
           Virtue
           of
           their
           Authority
           ,
           but
           by
           the
           
             free
             Consent
             of
             the
             People
             in
             the
             Use
             and
             Allowance
             of
             them
             :
             And
             so
             they
             are
             not
             observed
             as
             the
             Laws
             of
             any
             Foreign
             Prince
             ,
             Potentate
             ,
             or
             Prelate
             ,
             but
             as
             the
             customed
             and
             ancient
             Laws
             of
             this
             Realm
             ,
             originally
             established
             as
             Laws
             of
             the
             same
             ,
             by
             the
             said
             Sufferance
             ,
             Consent
             and
             Custom
             ,
             and
             no
             otherwise
             .
          
        
         
           So
           that
           here
           we
           have
           a
           full
           and
           express
           Declaration
           by
           Parliament
           ;
           That
           such
           Canons
           as
           have
           been
           received
           
           and
           allowed
           by
           ancient
           Custom
           ,
           make
           a
           part
           of
           our
           Laws
           ,
           and
           continue
           to
           oblige
           ,
           provided
           that
           they
           be
           not
           repugnant
           to
           the
           King's
           Prerogative
           ,
           nor
           to
           the
           Laws
           ,
           Statutes
           ,
           and
           Customs
           of
           the
           Realm
           ,
           as
           it
           is
           expressed
           in
           another
           Act
           of
           the
           same
           Parliament
           ,
           25
           
             H.
             8.
             c.
             19.
          
           
        
         
           The
           Ecclesiastical
           Laws
           ,
           
             saith
             my
             Lord
          
           Coke
           ,
           
           are
           such
           as
           are
           not
           against
           the
           Laws
           of
           the
           Realm
           ,
           viz.
           the
           Common
           Law
           ,
           and
           the
           Statutes
           and
           Customs
           of
           the
           Realm
           :
           And
           according
           to
           such
           Laws
           the
           Ordinary
           and
           other
           Ecclesiastical
           Iudges
           do
           proceed
           in
           Causes
           within
           their
           Conusance
           .
        
         
           So
           that
           by
           the
           Acknowledgement
           of
           this
           great
           Oracle
           of
           the
           Common
           Law
           ,
           there
           are
           
             Laws
             Ecclesiastical
          
           in
           force
           among
           us
           ,
           and
           Causes
           to
           be
           judged
           by
           those
           Laws
           ,
           and
           Officers
           appointed
           by
           the
           Law
           to
           proceed
           according
           to
           them
           .
        
         
         
           The
           
             Ecclesiastical
             Laws
          
           and
           Ordinances
           are
           owned
           by
           the
           Statute
           ,
           27
           
             H.
             8.
             c.
             20.
             32
             
             H.
             8.
             c.
             7.
             35
             
             H.
             8.
             c.
          
           19.
           after
           the
           Commission
           appointed
           for
           the
           Review
           of
           them
           .
           1
           
             E.
             6.
             c.
          
           2.
           
           The
           Ecclesiastical
           Courts
           are
           appointed
           to
           be
           kept
           by
           the
           King's
           Authority
           ,
           and
           Process
           to
           be
           issued
           out
           in
           his
           Name
           in
           all
           Suits
           and
           Causes
           of
           Instance
           between
           Party
           and
           Party
           ,
           where
           the
           Causes
           are
           particularly
           mentioned
           ,
           which
           belong
           to
           those
           Courts
           ,
           and
           no
           Alteration
           is
           made
           in
           them
           ,
           as
           to
           their
           powers
           ,
           but
           only
           that
           the
           Process
           should
           be
           in
           the
           King's
           Name
           .
        
         
           But
           some
           persons
           in
           our
           Age
           ,
           who
           love
           to
           be
           always
           starting
           Difficulties
           to
           humour
           such
           as
           bear
           ill
           .
           Will
           to
           our
           Constitution
           ,
           have
           〈…〉
           although
           this
           Act
           was
           〈…〉
           M.
           2.
           yet
           that
           Repeal
           〈…〉
           
             ●ac
             .
             25.
             n.
          
           48.
           therefore
           〈…〉
           Stat.
           1
           E.
           6.
           is
           〈◊〉
        
         
         
           But
           the
           plain
           and
           short
           Answer
           is
           this
           ,
           That
           there
           was
           no
           need
           of
           any
           Debate
           about
           the
           Repeal
           of
           the
           Statute
           of
           E.
           6.
           after
           the
           first
           of
           Q.
           Eliz.
           because
           then
           the
           Statute
           ,
           25
           
             H.
             8.
             c.
             20.
          
           was
           expresly
           revived
           ,
           wherein
           the
           Bishops
           were
           impowered
           
             to
             act
             as
             before
             they
             might
             have
             done
             ,
             according
             to
             the
             Laws
             and
             Customs
             of
             the
             Realm
             .
          
           By
           which
           no
           less
           Men
           of
           the
           Law
           than
           Coke
           ,
           
           Popham
           ,
           and
           other
           Judges
           did
           think
           
             the
             Stile
             of
             the
             Court
             ,
             and
             Manner
             of
             their
             Proceedings
             was
             comprehended
             .
          
           And
           the
           
             Ancient
             Episcopal
             Iurisdiction
             is
             declared
             to
             be
             according
             to
             Law
             ,
          
           by
           the
           Stat.
           1
           
             El.
             c.
             1.
             and
             all
             Foreign
             Iurisdiction
             is
             abolished
             ,
             and
             the
             Ecclesiastical
             Iurisdiction
             annexed
             to
             the
             Crown
             of
             this
             Realm
          
           ;
           which
           is
           owned
           by
           every
           Bishop
           when
           he
           takes
           the
           
             Oath
             of
             Supremacy
          
           .
           How
           then
           can
           it
           be
           imagined
           ,
           that
           he
           should
           do
           any
           more
           to
           the
           Prejudice
           of
           the
           Crown
           ,
           by
           the
           Process
           being
           in
           the
           Bishop's
           
           Name
           ,
           than
           the
           Lord
           of
           a
           Manor
           doth
           ,
           when
           he
           keeps
           his
           Courts
           in
           his
           own
           Name
           ?
           To
           suppose
           that
           it
           is
           owning
           a
           
             Foreign
             Iurisdiction
          
           ,
           is
           ridiculous
           ;
           for
           the
           Bishops
           of
           England
           never
           pretended
           to
           act
           as
           Ordinaries
           ,
           by
           Virtue
           of
           a
           Jurisdiction
           from
           the
           Pope
           ,
           but
           by
           Virtue
           of
           their
           Original
           Authority
           which
           they
           had
           by
           the
           Laws
           of
           the
           Realm
           ,
           as
           to
           their
           exterior
           Jurisdictions
           .
           And
           the
           Authority
           they
           then
           acted
           by
           from
           the
           Pope
           ,
           was
           in
           Cases
           extraordinary
           ,
           when
           they
           were
           delegated
           by
           particular
           Commission
           .
           And
           if
           there
           had
           been
           any
           real
           Derogation
           from
           the
           King's
           Prerogative
           ,
           in
           the
           Process
           being
           in
           the
           Bishop's
           Name
           ,
           can
           any
           Man
           of
           Sense
           imagine
           ,
           that
           it
           would
           have
           been
           permitted
           in
           such
           jealous
           times
           as
           to
           Supremacy
           ,
           as
           the
           latter
           end
           of
           H.
           8.
           and
           the
           whole
           Reign
           of
           Q.
           Elizabeth
           were
           ,
           wherein
           the
           Bishops
           wanted
           not
           Enemies
           ,
           but
           their
           Malice
           
           would
           have
           been
           too
           apparent
           ,
           if
           they
           had
           insisted
           on
           such
           Objections
           ?
           But
           to
           proceed
           in
           shewing
           that
           the
           Ecclesiastical
           Laws
           have
           been
           owned
           by
           Acts
           of
           Parliament
           since
           the
           Reformation
           ,
           2
           
             E.
             6.
             c.
             13.
             n.
             13.
             
             The
             Ecclesiastical
             Iudges
             are
             required
             to
             proceed
             according
             to
             the
             King
             's
             Ecclesiastical
             Laws
             .
          
        
         
           And
           to
           the
           same
           purpose
           ,
           1
           
             El.
             c.
             2.
             n.
          
           23.
           
        
         
           
             Accordingly
             my
             Lord
          
           Coke
           
             frequently
             owns
             the
          
           Ecclesiastical
           Laws
           and
           Iurisdiction
           ,
           
           
             so
             they
             be
          
           bounded
           by
           the
           Laws
           of
           the
           Realm
           ;
           
             of
             which
             there
             can
             be
             no
             Question
             .
          
           For
           deciding
           of
           Controversies
           ,
           and
           for
           distribution
           of
           Iustice
           ,
           
           
             saith
             he
          
           ,
           there
           be
           within
           this
           Realm
           two
           distinct
           Iurisdictions
           ;
           the
           one
           Ecclesiastical
           ,
           limited
           to
           certain
           spiritual
           and
           particular
           Cases
           ;
           the
           other
           secular
           and
           general
           ,
           for
           that
           it
           is
           guided
           by
           the
           common
           and
           general
           Law
           of
           the
           Realm
           .
        
         
         
           And
           to
           the
           same
           purpose
           my
           Lord
           Chief
           Justice
           Hales
           in
           several
           places
           in
           a
           MS.
           
           Discourse
           of
           the
           
             History
             and
             Analysis
             of
             the
             Common
             Law
             ,
             ch
             .
             1
             ,
             and
          
           2.
           
           But
           here
           the
           great
           Difficulty
           lies
           in
           finding
           out
           what
           these
           Canons
           and
           Constitutions
           are
           ,
           which
           have
           been
           so
           received
           and
           allowed
           by
           our
           Laws
           .
        
         
           For
           it
           is
           certain
           ,
           that
           several
           Canons
           made
           by
           Popes
           ,
           were
           not
           received
           here
           ,
           
           as
           in
           the
           Statute
           of
           Merton
           ,
           about
           Legitimation
           of
           Children
           born
           before
           Marriage
           ,
           
             Stat.
             Mert.
             c.
             9.
          
           where
           the
           Lords
           declared
           
             they
             would
             not
             alter
             the
             old
             Laws
             for
             a
             new
             Canon
             .
          
           For
           Alexander
           III.
           in
           the
           time
           of
           Hen.
           II.
           had
           made
           a
           Canon
           to
           that
           purpose
           ;
           
           but
           as
           Glanvil
           saith
           ,
           it
           was
           
             contra
             jus
             &
             consuetudinem
             Regni
          
           .
        
         
           The
           Canon
           to
           take
           away
           the
           Benefit
           of
           the
           Clergy
           from
           Bigami
           ,
           
           was
           debated
           in
           Parliament
           how
           far
           it
           should
           be
           received
           ,
           and
           the
           Sense
           
           there
           declared
           ,
           which
           was
           complained
           of
           ,
           51
           E.
           3.
           and
           taken
           away
           ,
           1
           
             E.
             6.
             c.
          
           12.
           
        
         
           The
           Canon
           against
           Investiture
           of
           Bishops
           by
           a
           Lay-hand
           ,
           was
           never
           here
           received
           ;
           for
           although
           H.
           1.
           after
           a
           long
           Contest
           gave
           it
           up
           ,
           yet
           it
           was
           resumed
           by
           his
           Successors
           .
        
         
           The
           Canons
           for
           Exemption
           of
           the
           Clergy
           ,
           were
           never
           fully
           received
           here
           .
           
           Some
           Lawyers
           say
           ,
           it
           was
           never
           observed
           ;
           I
           suppose
           they
           mean
           ,
           according
           to
           the
           Canons
           ,
           but
           that
           they
           had
           legal
           Privileges
           here
           ,
           although
           not
           a
           total
           Exemption
           ,
           cannot
           be
           denied
           by
           any
           one
           versed
           in
           our
           Laws
           from
           the
           Saxon
           times
           .
           
        
         
           The
           Pope's
           Canon
           for
           the
           Clergy
           not
           being
           taxed
           without
           his
           consent
           ,
           was
           never
           received
           ,
           as
           appears
           by
           the
           Contests
           about
           it
           in
           the
           time
           of
           E.
           1.
           and
           their
           Submission
           afterwards
           .
        
         
         
           The
           Pope's
           Canons
           about
           Appeals
           ,
           Provisors
           ,
           Dispensations
           ,
           &c.
           were
           never
           received
           by
           such
           a
           general
           Consent
           as
           to
           make
           them
           Laws
           ;
           they
           were
           sometimes
           practised
           by
           Connivence
           ,
           and
           the
           Kings
           ,
           when
           it
           served
           their
           purposes
           ,
           let
           them
           alone
           ;
           but
           as
           often
           as
           there
           was
           occasion
           ,
           they
           were
           contested
           and
           denied
           ,
           and
           Statutes
           made
           against
           the
           Execution
           of
           them
           .
        
         
           Some
           Canons
           I
           find
           disputed
           ,
           whether
           they
           were
           received
           by
           the
           Law
           of
           England
           or
           not
           .
        
         
           
             As
             the
             Canon
          
           against
           Clergy
           mens
           Sons
           succeeding
           their
           Fathers
           in
           their
           Benefices
           immediately
           ,
           
           without
           a
           Papal
           Dispensation
           ;
           
             is
             not
             only
             a
             part
             of
             the
             Canon
             Law
             ,
             but
             enter'd
             in
             our
             Provincial
             Constitutions
             .
             But
             in
             the
             Case
             of
          
           Stoke
           against
           Sykes
           ,
           
             it
             was
             held
             by
          
           Dodderidge
           and
           Iones
           ,
           
             two
             learned
             Judges
             ,
             That
          
           this
           Canon
           was
           not
           received
           here
           .
           
           And
           Dodderidge
           
           
             instanced
             in
             two
             other
             Canons
             not
             received
             ;
             as
          
           against
           a
           Man's
           marrying
           a
           Woman
           he
           had
           committed
           Adultery
           with
           ;
           and
           a
           Lay-man's
           not
           revoking
           his
           first
           Presentation
           .
           
             And
             Sir
          
           Iohn
           Davis
           mentioned
           reckoning
           the
           Months
           for
           Presentation
           by
           Weeks
           ,
           
           and
           not
           by
           the
           Calendar
           .
           
             But
             both
             these
             are
             disputable
             Points
             .
          
        
         
           For
           some
           say
           ,
           
           as
           to
           the
           former
           ,
           
             That
             none
             but
             the
             King
             can
             revoke
             a
             Presentation
             .
          
           But
           the
           Canonists
           think
           a
           private
           Patron
           may
           vary
           with
           the
           Bishop's
           Consent
           .
        
         
           And
           as
           to
           the
           way
           of
           
             computing
             the
             Months
          
           ,
           it
           hath
           been
           differently
           resolved
           ;
           but
           in
           Catesbie's
           Case
           ,
           it
           was
           determined
           to
           be
           Calendar-Months
           for
           many
           Reasons
           .
           
           But
           in
           the
           ancient
           Resolution
           in
           the
           time
           of
           E.
           II.
           the
           
             Tempus
             semestre
          
           was
           reckoned
           from
           Notice
           to
           the
           Patron
           ,
           and
           not
           from
           the
           Death
           of
           the
           Incumbent
           .
           
           Rolls
           saith
           ,
           
             By
             our
             Law
             it
             is
             from
             the
             time
             
             the
             Patron
             might
             have
             notice
             ,
             with
             regard
             to
             the
             distance
             of
             the
             Place
             where
             the
             Incumbent
             died
             :
          
           Which
           leaves
           the
           matter
           uncertain
           .
           But
           the
           Register
           reckons
           
             from
             the
             Vacancy
          
           .
        
         
           In
           many
           other
           Cases
           the
           foreign
           Canons
           were
           not
           received
           ,
           
           for
           they
           allow
           but
           
             Four
             Months
             to
             a
             Lay-Patron
          
           ,
           
           but
           our
           Law
           
             Six
             Months
          
           ;
           they
           deny
           
             any
             Sale
             of
             a
             Right
             of
             Advowson
             ,
          
           but
           our
           Law
           allows
           it
           ,
           and
           a
           Separation
           of
           it
           from
           the
           Inheritance
           ,
           which
           the
           Canon
           Law
           allows
           not
           ;
           and
           so
           in
           other
           particulars
           ,
           but
           these
           are
           sufficient
           to
           my
           purpose
           .
        
         
           
             It
             is
             observable
             ,
             that
             after
             the
             Council
             of
          
           Lions
           ,
           
             where
             the
             Pope
             was
             present
          
           ,
           Peckham
           ,
           
             Archbishop
             of
          
           Canterbury
           ,
           
           
             called
             a
             Provincial
             Council
             ,
             wherein
             he
             mentions
             the
             difference
             of
             our
             Customs
             from
             all
             others
             ,
             and
             a
             Temperament
             to
             be
             made
             suitable
             to
             them
             .
             And
             our
             Judges
             in
             the
             great
             Case
             of
          
           Evans
           
           
           and
           Ayscough
           ,
           
             declared
             ,
             That
          
           no
           Canons
           bind
           here
           ,
           but
           such
           as
           are
           recieved
           by
           the
           Realm
           .
           
           And
           Dodderidge
           said
           ,
           
           That
           our
           Ecclesiastical
           Law
           doth
           not
           consist
           of
           the
           Pope's
           Decretals
           ,
           but
           is
           an
           Extract
           out
           of
           the
           Ancient
           Canons
           ,
           General
           and
           National
           .
           
             But
             the
             Judges
             agreed
             ,
             That
          
           when
           they
           are
           received
           ,
           they
           become
           part
           of
           our
           Law.
           
           
        
         
           
             Lord
             Chief
             Justice
          
           Vaughan
           saith
           ,
           
           That
           if
           Canon
           Law
           be
           made
           a
           part
           of
           the
           Law
           of
           the
           Land
           ,
           then
           it
           is
           as
           much
           the
           Law
           of
           the
           Land
           ,
           and
           as
           well
           ,
           and
           by
           the
           same
           Authority
           ,
           as
           any
           other
           part
           of
           the
           Law
           of
           the
           Land.
           
        
         
           
             In
             another
             place
             ,
             That
          
           the
           Ancient
           Canon
           Law
           received
           in
           this
           Kingdom
           ,
           is
           the
           Law
           of
           the
           Kingdom
           in
           such
           Cases
           .
           
        
         
           
             In
             a
             third
             ,
             That
          
           a
           lawful
           Canon
           ,
           is
           the
           Law
           of
           the
           Kingdom
           ,
           
           as
           well
           as
           an
           Act
           of
           Parliament
           .
        
         
         
           
             III.
             I
             now
             come
             to
             the
             third
             thing
             ,
          
           viz.
           The
           Power
           of
           making
           Canons
           by
           Act
           of
           Parliament
           .
        
         
           
             This
             is
             founded
             on
             the
             Statute
          
           25
           H.
           8.
           c.
           19.
           
           
             The
             Words
             are
             ,
             That
          
           no
           Canons
           ,
           Constitutions
           and
           Ordinances
           ,
           Provincial
           or
           Synodal
           ,
           shall
           be
           made
           ,
           promulged
           and
           executed
           without
           the
           King
           's
           Royal
           Assent
           or
           Licence
           .
        
         
           Canons
           so
           made
           ,
           and
           authorized
           by
           the
           King's
           Letters
           Patents
           ,
           according
           to
           the
           Form
           of
           the
           Statute
           ,
           
             are
             said
             by
             Lord
             Chief
             Justice
          
           Vaughan
           ,
           
           
             to
             be
          
           Canons
           warranted
           by
           Act
           of
           Parliament
           .
           
             And
             such
             he
             affirms
             the
             Canons
             of
          
           A.
           D.
           1603.
           
             to
             be
          
           .
        
         
           But
           some
           have
           objected
           ,
        
         
           That
           these
           are
           only
           Negative
           Words
           ,
           
           and
           are
           not
           an
           Introduction
           of
           a
           new
           Law
           ,
           but
           a
           Declaration
           of
           what
           the
           Law
           was
           before
           .
        
         
           But
           my
           Lord
           Coke
           with
           far
           greater
           Judgment
           ,
           
           limits
           that
           Expression
           ,
           
             That
             what
             was
             then
             passed
             ,
             was
             declaratory
             
             of
             the
             Common
             Law
             ,
          
           to
           that
           Clause
           ,
           That
           no
           Canons
           should
           be
           in
           Force
           ,
           which
           were
           repugnant
           to
           the
           Laws
           of
           the
           Realm
           .
        
         
           But
           as
           to
           the
           
             making
             of
             new
             Canons
          
           ,
           he
           only
           saith
           ,
           That
           
             their
             Iurisdiction
             and
             Power
             is
             much
             limited
             ,
             because
             they
             must
             have
             licence
             to
             make
             them
             ,
             and
             the
             King
             's
             Royal
             Assent
             to
             allow
             them
             ,
             before
             they
             be
             put
             in
             Execution
             .
          
           But
           he
           never
           imagined
           the
           Sense
           of
           the
           Statute
           to
           be
           ,
           That
           no
           Canons
           could
           be
           made
           but
           in
           Parliament
           ,
           or
           that
           the
           King
           had
           not
           a
           Power
           to
           confirm
           new
           Canons
           made
           by
           the
           Convocation
           .
        
         
           As
           to
           the
           Law
           ,
           as
           it
           stood
           before
           ,
           we
           must
           distinguish
           these
           two
           things
           ;
        
         
           1.
           
           Convocations
           called
           by
           the
           
             King
             's
             Writ
          
           to
           the
           Bishops
           ,
           and
           the
           body
           of
           the
           Clergy
           ,
           could
           never
           assemble
           without
           it
           .
           But
           the
           Writ
           for
           the
           Convocation
           to
           sit
           with
           the
           Parliament
           ,
           
           (
           not
           together
           in
           Place
           ,
           but
           at
           the
           same
           time
           )
           is
           contained
           in
           the
           Writ
           to
           the
           Bishop
           ,
           and
           begins
           with
           the
           Clause
           ,
           Praemunientes
           .
           And
           it
           is
           most
           probable
           ,
           that
           it
           began
           on
           the
           same
           Ground
           that
           the
           Attendance
           of
           Burgesses
           did
           ,
           viz.
           That
           when
           they
           were
           brought
           into
           the
           Payment
           of
           Subsidies
           ,
           they
           ought
           to
           give
           their
           Consent
           .
           For
           I
           find
           ,
           that
           in
           the
           time
           of
           
             H.
             3.
             
             A.
             R.
          
           39.
           the
           
             Inferiour
             Clergy
          
           complained
           ,
           
           
             That
             they
             were
             taxed
             without
             their
             Consent
             .
          
        
         
           2.
           
           Convocations
           called
           by
           the
           
             King
             's
             Writ
             to
             the
             Archbishops
          
           ;
           and
           in
           this
           Province
           the
           Archbishop
           sends
           his
           Mandate
           to
           the
           
             Bishop
             of
             London
          
           ,
           who
           is
           to
           summon
           all
           the
           Bishops
           ,
           &c.
           to
           appear
           at
           a
           certain
           Time
           and
           Place
           ,
           and
           to
           act
           as
           they
           receive
           Authority
           from
           the
           King.
           
        
         
           The
           not
           distinguishing
           these
           two
           Writs
           ,
           hath
           caused
           so
           much
           Confusion
           in
           some
           Mens
           Minds
           ,
           about
           the
           
           Rights
           of
           the
           Convocation
           :
           For
           they
           imagine
           that
           the
           Convocation
           ,
           as
           it
           treats
           of
           
             Ecclesiastical
             Matters
          
           ,
           sits
           by
           Virtue
           of
           the
           first
           Writ
           ,
           which
           is
           in
           the
           Bishops
           Summons
           to
           Parliament
           ;
           but
           that
           related
           to
           them
           as
           one
           of
           the
           three
           Estates
           of
           the
           Realm
           ,
           whose
           Consent
           was
           then
           required
           to
           their
           own
           Subsidies
           ,
           which
           were
           distinctly
           granted
           ,
           but
           confirmed
           by
           the
           other
           Estates
           .
        
         
           But
           the
           other
           Writ
           was
           directed
           to
           the
           Archbishop
           ,
           by
           which
           the
           Bishops
           and
           Inferiour
           Clergy
           were
           strictly
           required
           to
           appear
           ,
           and
           then
           to
           understand
           the
           King's
           further
           Pleasure
           ,
           as
           appears
           by
           the
           most
           ancient
           .
           Writs
           for
           a
           Convocation
           .
           Which
           shews
           ,
           that
           the
           Convocation
           ,
           properly
           so
           called
           ,
           is
           an
           Occasional
           Assembly
           for
           such
           purposes
           as
           the
           King
           shall
           direct
           them
           when
           they
           meet
           .
           And
           this
           was
           the
           true
           Foundation
           upon
           which
           the
           Statute
           ,
           25
           H.
           8.
           was
           
           built
           .
           For
           it
           cannot
           be
           denied
           ,
           that
           in
           Fact
           there
           had
           been
           Convocations
           for
           Ecclesiastical
           Purposes
           called
           without
           the
           Kings
           Writ
           ,
           by
           Virtue
           of
           the
           Archbishop's
           Legatine
           Power
           ,
           which
           was
           permitted
           to
           be
           exercised
           here
           ,
           although
           it
           were
           an
           Usurpation
           upon
           the
           King
           's
           Right
           .
           So
           even
           in
           the
           time
           of
           H.
           8.
           although
           there
           were
           a
           Convocation
           summoned
           by
           the
           King
           's
           Writ
           to
           the
           Archbishop
           of
           Canterbury
           ,
           yet
           Cardinal
           Wolsley
           ,
           by
           Virtue
           of
           his
           Legatine
           Power
           ,
           superiour
           to
           that
           of
           the
           Archbishop
           ,
           removed
           the
           Convocation
           to
           another
           place
           ,
           and
           presided
           in
           it
           :
           Which
           was
           as
           great
           an
           Affront
           to
           the
           King
           's
           as
           well
           as
           the
           Archbishop's
           Authority
           ,
           as
           could
           well
           be
           imagined
           .
           But
           this
           was
           then
           patiently
           born
           :
           Wherefore
           the
           Statute
           is
           to
           be
           understood
           of
           Legal
           ,
           and
           not
           of
           
             Legatine
             Convocations
          
           .
        
         
         
           But
           when
           H.
           8.
           was
           sufficiently
           provoked
           by
           the
           Court
           of
           Rome
           ,
           he
           resolved
           to
           resume
           the
           ancient
           and
           legal
           Rights
           of
           the
           Crown
           ,
           how
           soever
           disused
           by
           modern
           Usurpations
           .
           And
           among
           these
           he
           claimed
           this
           of
           summoning
           the
           Convocation
           ,
           and
           directing
           the
           Proceedings
           therein
           .
        
         
           The
           Difference
           of
           these
           Writs
           will
           best
           appear
           by
           the
           Instance
           of
           the
           Convocation
           ,
           
             A.
             D.
          
           1640.
           
        
         
           In
           the
           Year
           ,
           1639.
           about
           the
           first
           of
           February
           the
           Parliament
           Writ
           was
           issued
           out
           to
           the
           Bishops
           for
           calling
           their
           Clergy
           to
           Parliament
           ;
           and
           this
           is
           only
           
             ad
             consentiendum
             iis
             quae
             tunc
             ibidem
             de
             communi
             Concilio
             Regni
             nostri
             contigerint
             ordinari
             .
          
        
         
           The
           other
           Writ
           for
           the
           Convocation
           to
           the
           Archbishops
           was
           issued
           out
           the
           twentieth
           of
           February
           ,
           and
           had
           this
           Clause
           ,
           
             ad
             tractandum
             ,
             consentiendum
             ,
             &
             concludendum
             super
             praemissis
             
             &
             aliis
             quae
             sibi
             clarius
             exponentur
             ex
             parte
             meâ
             .
          
        
         
           The
           Parliament
           at
           that
           time
           being
           dissolved
           ,
           it
           's
           certain
           the
           Convocation
           sitting
           by
           Virtue
           of
           
             the
             Writ
             to
             the
             Bishops
          
           must
           fall
           with
           it
           :
           But
           a
           great
           Question
           arose
           ,
           Whether
           the
           Convocation
           sitting
           
             by
             the
             Writ
             to
             the
             Archbishops
             ,
          
           was
           dissolved
           ,
           or
           not
           ?
           And
           the
           greatest
           Judges
           and
           Lawyers
           of
           that
           time
           were
           of
           Opinion
           it
           was
           not
           .
           But
           those
           were
           not
           times
           to
           venture
           upon
           such
           Points
           ,
           when
           people
           were
           disposed
           to
           find
           Fault
           ,
           as
           they
           did
           ,
           to
           purpose
           when
           the
           next
           Parliament
           met
           ;
           who
           made
           use
           of
           the
           Sitting
           of
           this
           Convocation
           and
           the
           Canons
           then
           pass'd
           ,
           as
           one
           of
           the
           popular
           Themes
           to
           declaim
           upon
           against
           the
           Bishops
           ,
           and
           to
           inflame
           the
           Nation
           against
           the
           whole
           Order
           .
        
         
           The
           greatest
           Objection
           in
           Point
           of
           Law
           ,
           was
           ,
           That
           the
           Commission
           had
           a
           Respect
           to
           the
           Convocation
           
           sitting
           in
           Parliament-time
           ,
           which
           began
           13
           April
           1640.
           and
           the
           Commission
           bore
           Date
           April
           15.
           the
           Parliament
           was
           dissolved
           May
           5.
           and
           the
           12th
           of
           May
           a
           new
           Commission
           was
           granted
           ,
           which
           made
           void
           that
           of
           the
           fifteenth
           of
           April
           ;
           and
           so
           what
           was
           done
           by
           Virtue
           of
           that
           ,
           must
           be
           done
           out
           of
           Parliament
           ,
           and
           so
           not
           in
           Convocation
           ,
           according
           to
           25
           H.
           8.
           19.
           although
           these
           Canons
           were
           confirmed
           by
           the
           King's
           Authority
           the
           thirtieth
           of
           Iune
           the
           same
           Year
           .
        
         
           After
           the
           King's
           Restoration
           ,
           an
           Act
           of
           Parliament
           passed
           for
           Restoring
           the
           Bishops
           Ordinary
           Jurisdiction
           ;
           
           wherein
           a
           Clause
           is
           added
           ,
           
             That
             this
             Act
             did
             not
             confirm
             those
             Canons
          
           of
           1640.
           but
           left
           the
           Ecclesiastical
           Laws
           as
           they
           stood
           1639.
           which
           Act
           being
           passed
           by
           the
           King's
           Assent
           ,
           it
           voids
           the
           former
           Confirmation
           of
           them
           ,
           and
           so
           leaves
           them
           
           without
           Force
           .
           But
           the
           Alteration
           of
           our
           Law
           by
           the
           Act
           ,
           25
           
             H.
             8.
             c.
          
           19.
           lay
           not
           in
           this
           ,
           that
           the
           Convocation
           by
           the
           King
           's
           Writ
           to
           the
           Archbishop
           ,
           could
           not
           sit
           but
           in
           Parliament-time
           (
           although
           that
           in
           all
           respects
           be
           the
           most
           proper
           time
           )
           for
           there
           is
           not
           a
           Word
           tending
           that
           way
           in
           the
           Statute
           ;
           but
           
             Provincial
             Councils
          
           having
           been
           frequently
           held
           here
           ,
           without
           any
           Writ
           from
           the
           King
           ,
           and
           therein
           treating
           of
           Matters
           prejudicial
           to
           the
           Crown
           ,
           by
           Virtue
           of
           a
           Legatine
           Power
           ,
           there
           was
           great
           Reason
           for
           the
           King
           to
           resume
           the
           ancient
           Right
           of
           the
           Crown
           .
           For
           so
           
             William
             I.
          
           declared
           it
           in
           Eadmerus
           ,
           
           That
           
             nothing
             should
             be
             done
             in
             Provincial
             Councils
             without
             his
             Authority
             .
          
           But
           afterwards
           we
           find
           Hubert
           ,
           Archbishop
           of
           Canterbury
           ,
           holding
           a
           
             Provincial
             Council
             against
             the
             King's
             Prohibition
          
           ;
           
           and
           several
           Writs
           were
           sent
           to
           them
           to
           prohibit
           their
           meddling
           
           
           in
           Matters
           of
           State
           in
           Prejudice
           to
           the
           Crown
           ,
           18
           H.
           3.
           under
           Penalty
           of
           the
           Bishops
           forfeiting
           their
           Baronies
           ;
           and
           to
           the
           like
           purpose
           ,
           35
           
             E.
             1.
             15
             
             E.
             2.
             6
             
             E.
          
           3.
           which
           seems
           to
           be
           a
           tacit
           Permission
           of
           these
           
             Provincial
             Councils
          
           ,
           provided
           they
           did
           nothing
           prejudicial
           to
           the
           Crown
           .
           And
           from
           such
           Councils
           came
           our
           
             Provincial
             Constitutions
          
           ,
           which
           Lyndwood
           hath
           digested
           according
           to
           the
           Method
           of
           the
           Canon-Law
           ,
           and
           hath
           therein
           shewed
           what
           part
           of
           the
           Canon-Law
           hath
           any
           Force
           here
           ;
           not
           by
           Virtue
           of
           any
           Papal
           or
           Legatine
           Power
           ,
           but
           by
           the
           
             General
             Consent
             of
             the
             Nation
          
           ,
           by
           which
           they
           have
           been
           received
           among
           us
           .
        
         
           But
           my
           business
           is
           not
           now
           with
           Canons
           so
           received
           ,
           but
           with
           
             Canons
             made
             according
             to
             the
             Statute
             ,
             25
             H.
             8.
             19.
          
           for
           it
           is
           ridiculous
           to
           imagine
           those
           are
           only
           negative
           Words
           ,
           for
           then
           they
           exclude
           the
           King's
           Power
           
           of
           calling
           a
           Convocation
           ,
           as
           well
           as
           confirming
           the
           Acts
           of
           it
           .
           For
           to
           what
           purpose
           is
           the
           King
           's
           Writ
           to
           call
           them
           together
           ,
           if
           being
           assembled
           they
           can
           do
           nothing
           ?
        
         
           But
           I
           have
           already
           mentioned
           my
           Lord
           Chief
           Justice
           
           Vaughan's
           Opinion
           ,
           That
           the
           Canons
           made
           A.
           D.
           1603.
           
             are
             warranted
             by
             25
             H.
             8.
             c.
             19.
             
          
           It
           was
           urged
           by
           the
           Council
           in
           the
           Case
           of
           Grove
           and
           Eliot
           ,
           
           22
           
             Carol.
             2.
          
           
           That
           no
           Canons
           
             can
             alter
             the
             Law
             ,
             which
             are
             not
             confirmed
             by
             Act
             of
             Parliament
             .
          
           But
           it
           was
           said
           on
           the
           other
           side
           ,
           That
           these
           Canons
           
             had
             been
             always
             allowed
             ,
             having
             been
             confirmed
             by
             the
             King.
          
           One
           of
           the
           Judges
           said
           ,
           That
           
             the
             King
             and
             Convocation
             cannot
             make
          
           Canons
           
             to
             bind
             the
          
           Laity
           ,
           
             but
             only
             the
          
           Clergy
           .
           But
           Vaughan
           said
           ,
           That
           those
           Canons
           
             are
             of
             Force
             ,
             although
             never
             confirmed
             by
             Act
             of
             Parliament
             ,
             as
             no
          
           Canons
           
             are
             ;
             and
             yet
          
           ,
           saith
           he
           ,
           
             they
             are
             the
             Laws
             which
             bind
             and
             
             govern
             in
          
           Ecclesiastick
           Affairs
           .
           
             The
             Convocation
             ,
             with
             the
             Licence
             and
             Assent
             of
             the
             King
             ,
             under
             the
             Great
             Seal
             ,
             may
             make
          
           Canons
           
             for
             Regulation
             of
             the
             Church
             ,
             and
             that
             as
             well
             concerning
          
           Laicks
           as
           Ecclesiasticks
           ;
           and
           so
           is
           Lyndwood
           .
           There
           can
           be
           no
           question
           in
           
           Lyndwood's
           time
           ,
           but
           Ecclesiastical
           Constitutions
           were
           thought
           to
           bind
           all
           that
           were
           concerned
           in
           them
           ;
           and
           the
           Ecclesiastical
           Laws
           which
           continue
           in
           Force
           by
           Custom
           and
           Consent
           ,
           bind
           all
           ;
           the
           only
           Question
           then
           is
           about
           making
           new
           Canons
           ,
           and
           the
           Power
           to
           make
           them
           ,
           is
           by
           Virtue
           of
           an
           Act
           of
           Parliament
           ,
           to
           which
           the
           Nation
           consented
           ;
           and
           so
           there
           need
           no
           Representatives
           of
           the
           people
           in
           Convocation
           .
           And
           no
           such
           thing
           can
           be
           inferred
           from
           Moor
           ,
           755.
           for
           the
           Judges
           declared
           
             the
             Deprivation
             of
             the
             Clergy
             for
             not
             conforming
             to
             the
             Canons
             ,
             to
             be
             legal
          
           ;
           but
           they
           say
           nothing
           
           of
           others
           .
           But
           in
           the
           Case
           of
           Bird
           and
           
             Smith
             ,
             f.
          
           783.
           the
           Chancellor
           and
           three
           Chief
           Judges
           declared
           ,
           That
           the
           Canons
           made
           in
           Convocation
           by
           the
           King's
           Authority
           ,
           without
           Parliament
           ,
           do
           bind
           in
           Ecclesiastical
           Matters
           ,
           as
           an
           Act
           of
           Parliament
           .
           And
           therefore
           I
           proceed
           to
           shew
           ,
        
         
           II.
           In
           what
           manner
           we
           are
           obliged
           to
           the
           Observation
           of
           these
           Canons
           ;
           concerning
           which
           I
           shall
           premise
           two
           Things
           ;
        
         
           1.
           
           That
           I
           meddle
           not
           with
           such
           Canons
           as
           are
           altered
           by
           Laws
           ;
           for
           all
           grant
           ,
           that
           unless
           it
           be
           in
           Moral
           Duties
           ,
           their
           Force
           may
           be
           taken
           away
           by
           the
           Laws
           of
           the
           Land.
           
        
         
           2.
           
           There
           are
           some
           Canons
           ,
           where
           the
           general
           Disuse
           in
           Matters
           of
           no
           great
           Consequence
           to
           the
           Good
           of
           the
           Church
           ,
           or
           the
           Rights
           of
           other
           Persons
           ,
           may
           abate
           the
           Force
           of
           the
           Obligation
           ;
           especially
           when
           the
           
           Disuse
           hath
           been
           connived
           at
           ,
           and
           not
           brought
           into
           Articles
           of
           Visitation
           ,
           as
           Can.
           74.
           about
           
             Gowns
             with
             standing
             Collars
             ,
             and
             Cloaks
             with
             Sleeves
             .
          
           But
           the
           general
           Reason
           continues
           in
           Force
           ,
           viz.
           That
           there
           should
           be
           a
           decent
           and
           comely
           Habit
           for
           the
           Clergy
           ,
           whereby
           
             they
             should
             be
             known
             and
             distinguished
             by
             the
             People
          
           ;
           and
           for
           this
           ,
           the
           ancient
           Custom
           of
           the
           Church
           is
           alledged
           .
        
         
           But
           here
           a
           very
           material
           Question
           arises
           ,
           How
           far
           Custom
           is
           allowed
           to
           interpret
           and
           alter
           the
           Force
           of
           Canons
           made
           by
           a
           lawful
           Authority
           :
           For
           where
           a
           Custom
           prevails
           against
           a
           standing
           Rule
           ,
           it
           amounts
           to
           this
           ,
           Whether
           Practice
           against
           Law
           ,
           is
           to
           have
           more
           Force
           than
           the
           Law.
           And
           how
           can
           there
           be
           a
           reasonable
           Custom
           against
           a
           Law
           built
           upon
           reasonable
           Grounds
           ?
           But
           on
           the
           other
           side
           ,
           if
           Custom
           hath
           no
           power
           in
           this
           case
           ,
           then
           all
           
           the
           ancient
           Canons
           of
           the
           Church
           do
           still
           bind
           in
           Conscience
           ,
           and
           so
           we
           must
           not
           kneel
           at
           our
           Prayers
           on
           Sundays
           ,
           nor
           between
           Easter
           and
           Whitsontide
           ,
           which
           were
           thought
           to
           be
           made
           upon
           good
           Reason
           at
           first
           ;
           and
           so
           many
           other
           Canons
           which
           have
           long
           grown
           into
           a
           Disuse
           .
           So
           that
           if
           we
           do
           strictly
           oblige
           persons
           to
           observe
           all
           Ecclesiastical
           Canons
           made
           by
           lawful
           Authority
           ,
           we
           run
           Men
           into
           endless
           Scruples
           and
           Perplexities
           ;
           
           and
           Gerson
           himself
           grants
           ,
           
             That
             many
             Canons
             of
             General
             Councils
             have
             lost
             their
             Force
             by
             Disuse
             ,
             and
             that
             the
             Observation
             of
             them
             now
             would
             be
             useless
             and
             impossible
             .
          
           But
           on
           the
           other
           side
           ,
           if
           meer
           Disuse
           were
           sufficient
           ,
           what
           would
           become
           of
           any
           Canons
           and
           Constitutions
           ,
           where
           Persons
           are
           refractary
           and
           Disobedient
           ?
        
         
           This
           is
           a
           Case
           which
           deserves
           to
           be
           stated
           and
           cleared
           .
           And
           we
           are
           
           to
           distinguish
           three
           sorts
           of
           Customs
           .
        
         
           1.
           
           Customs
           generally
           obtaining
           upon
           altering
           the
           Reason
           of
           ancient
           Canons
           .
        
         
           2.
           
           Customs
           allowed
           upon
           the
           general
           Inconveniency
           of
           modern
           Canons
           .
        
         
           3.
           
           Customs
           taken
           up
           without
           any
           Rules
           or
           Canons
           for
           them
           .
        
         
           1.
           
           As
           to
           general
           Customs
           against
           ancient
           Canons
           where
           the
           Reason
           is
           altered
           ;
           I
           see
           no
           Ground
           for
           any
           to
           set
           up
           those
           Canons
           ,
           as
           still
           in
           Force
           ,
           among
           us
           :
           For
           this
           must
           create
           Confusion
           and
           Disorder
           ,
           which
           those
           Canons
           were
           designed
           to
           prevent
           ;
           and
           the
           Laws
           of
           the
           Land
           do
           certainly
           supersede
           ancient
           Canons
           ,
           wherein
           the
           necessary
           Duties
           of
           Religion
           are
           not
           immediately
           concerned
           .
           For
           we
           must
           have
           a
           care
           of
           setting
           up
           ancient
           
           Canons
           against
           the
           Authority
           of
           our
           Laws
           ,
           which
           cannot
           be
           consistent
           with
           our
           National
           Obligation
           ,
           nor
           with
           the
           Oath
           of
           Supremacy
           .
        
         
           2.
           
           As
           to
           Customs
           relating
           to
           Modern
           Canons
           ,
           if
           it
           hath
           any
           Force
           ,
           as
           to
           altering
           the
           Obligation
           .
        
         
           1.
           
           It
           must
           be
           general
           ;
           not
           taken
           up
           by
           particular
           dissaffected
           Persons
           to
           our
           Constitution
           ;
           for
           the
           Custom
           of
           such
           Men
           only
           shews
           their
           wilful
           Disobedience
           and
           Contempt
           of
           Authority
           ;
           and
           all
           Casuists
           are
           agreed
           ,
           That
           Contempt
           of
           lawful
           Authority
           ,
           is
           a
           wilful
           Sin
           :
           Which
           supposes
           a
           wilful
           Neglect
           upon
           Knowledge
           and
           Admonition
           of
           their
           Duty
           .
           For
           Contempt
           is
           ,
           
           
             Nolle
             subjici
             cui
             oportet
             subjici
          
           ;
           and
           a
           lesser
           Fault
           commited
           with
           it
           ,
           is
           a
           greater
           Sin
           than
           a
           greater
           Fault
           in
           it self
           committed
           without
           it
           ,
           i.e.
           by
           meer
           carelesness
           and
           inadvertency
           .
           But
           where
           there
           is
           an
           open
           and
           customary
           Neglect
           ,
           there
           is
           a
           
           Presumption
           of
           Contempt
           ,
           unless
           some
           great
           and
           evident
           Reason
           be
           produced
           for
           it
           .
           I
           do
           not
           say
           the
           bare
           Neglect
           doth
           imply
           Contempt
           in
           it self
           ,
           but
           where
           there
           is
           admonition
           and
           a
           continuance
           after
           it
           ,
           there
           is
           a
           down-right
           and
           positive
           Contempt
           .
           But
           where
           the
           Disuse
           is
           general
           ,
           not
           out
           of
           Contempt
           ,
           but
           upon
           other
           Reasons
           ;
           and
           there
           is
           no
           Admonition
           by
           Superiours
           ,
           but
           a
           tacit
           Connivence
           ;
           there
           is
           a
           Presumtion
           of
           a
           Consent
           towards
           the
           laying
           aside
           the
           strict
           Obligation
           of
           the
           Canons
           relating
           to
           it
           .
        
         
           2.
           
           It
           must
           be
           reasonable
           ▪
           i.e.
           on
           such
           Grounds
           as
           may
           abate
           the
           Force
           of
           the
           Obligation
           .
           For
           there
           is
           a
           Difference
           between
           a
           Custom
           obtaining
           the
           Force
           of
           a
           Law
           ,
           and
           a
           Custom
           abating
           the
           Force
           of
           a
           Canon
           :
           In
           the
           former
           case
           the
           Custom
           must
           be
           grounded
           on
           more
           evident
           Reason
           than
           is
           necessary
           for
           the
           latter
           .
           
           
           Wherein
           the
           Casuists
           allow
           a
           Permission
           of
           Superiours
           joyned
           with
           reasonable
           Circumstances
           ,
           
           to
           be
           sufficient
           .
           
        
         
           But
           how
           can
           acts
           of
           Disobedience
           make
           a
           reasonable
           Custom
           ?
        
         
           Cajetan
           saith
           ,
           
           They
           are
           to
           blame
           who
           began
           it
           ,
           
           but
           not
           those
           who
           follow
           it
           ,
           when
           the
           Custom
           is
           general
           .
        
         
           And
           Suarez
           saith
           ,
           
           It
           is
           the
           common
           Opinion
           .
        
         
           The
           Canonists
           say
           ,
           If
           a
           Custom
           be
           against
           a
           Rule
           ,
           the
           Reason
           must
           be
           plain
           ;
           if
           only
           besides
           the
           Rule
           ,
           and
           be
           not
           repugnant
           to
           the
           End
           and
           Design
           ,
           the
           Reasonableness
           when
           it
           becomes
           general
           ,
           is
           presumed
           .
           But
           if
           the
           Superiours
           take
           notice
           of
           it
           ,
           
           and
           condemn
           it
           ,
           
           it
           loses
           the
           Force
           of
           Custom
           ,
           
           unless
           a
           new
           Reason
           or
           higher
           authority
           appear
           for
           it
           .
        
         
           3.
           
           But
           what
           is
           to
           be
           said
           for
           Customs
           taken
           up
           without
           Rules
           or
           Canons
           ;
           of
           what
           Force
           are
           they
           in
           Point
           of
           Conscience
           ?
        
         
         
           1.
           
           It
           is
           certain
           ,
           that
           no
           late
           Customs
           brought
           in
           by
           such
           as
           have
           no
           Authority
           to
           oblige
           ,
           can
           bind
           others
           to
           follow
           them
           .
           For
           this
           were
           to
           lay
           open
           a
           Gap
           to
           the
           introducing
           foolish
           and
           superstitious
           Customs
           into
           the
           Church
           ,
           which
           would
           make
           Distinctions
           without
           cause
           ,
           and
           make
           way
           for
           Differences
           and
           Animosities
           ,
           which
           all
           wise
           and
           good
           Men
           will
           avoid
           as
           much
           as
           may
           be
           .
        
         
           It
           is
           a
           Rule
           among
           the
           Casuists
           ,
           
           That
           voluntary
           Customs
           ,
           although
           introduced
           with
           a
           good
           Mind
           ,
           can
           never
           oblige
           others
           to
           observe
           them
           .
           And
           Suarez
           yields
           ,
           that
           a
           bare
           frequent
           Repetition
           of
           Acts
           cannot
           bind
           others
           ,
           
           although
           it
           hath
           been
           of
           long
           continuance
           .
        
         
           2.
           
           If
           the
           Customs
           be
           such
           as
           are
           derived
           from
           the
           primitive
           times
           ,
           and
           continue
           in
           practice
           ,
           there
           is
           no
           Reason
           to
           oppose
           ,
           but
           rather
           to
           comply
           
           with
           them
           ;
           or
           if
           they
           tend
           to
           promote
           a
           Delight
           in
           God's
           Service
           .
           As
           for
           instance
           :
        
         
           1.
           
           
             Worshipping
             towards
             the
             East
          
           ,
           was
           a
           very
           ancient
           Custom
           in
           the
           Christian
           Church
           .
           I
           grant
           that
           very
           insufficient
           Reasons
           are
           given
           for
           it
           ;
           which
           Origen
           would
           not
           have
           Men
           to
           be
           too
           busie
           in
           inquiring
           into
           ,
           
           but
           to
           be
           content
           that
           it
           was
           a
           generally
           received
           Practice
           ,
           even
           in
           his
           time
           ;
           and
           so
           doth
           
             Clemens
             Alexandrinus
          
           before
           him
           ,
           
           who
           thinks
           it
           relates
           to
           Christ
           ,
           as
           the
           Sun
           of
           Righteousness
           .
           Tertullian
           and
           S.
           Basil
           own
           the
           Custom
           ,
           
           and
           give
           no
           Reason
           .
           
        
         
           But
           of
           all
           Customs
           that
           of
           Contention
           and
           Singularity
           ,
           where
           there
           is
           no
           plain
           Reason
           against
           them
           ,
           doth
           the
           least
           become
           the
           Church
           of
           God.
           
        
         
           2.
           
           
             The
             Use
             of
             Organical
             Musick
             in
             the
             Publick
             Service
             .
          
           If
           it
           tends
           to
           compose
           ,
           and
           settle
           ,
           and
           raise
           the
           Spirits
           
           of
           Men
           in
           the
           Acts
           of
           Worship
           ,
           I
           see
           no
           Reason
           can
           be
           brought
           against
           it
           .
           If
           it
           be
           said
           to
           be
           only
           a
           natural
           Delight
           ,
           that
           Reason
           will
           hold
           against
           David
           ,
           
           who
           appointed
           it
           by
           God's
           own
           Commandment
           .
           They
           who
           call
           it
           
             Levitical
             Service
          
           ,
           can
           never
           prove
           it
           to
           be
           any
           of
           the
           Typical
           Ceremonies
           ,
           unless
           they
           can
           shew
           what
           was
           represented
           by
           it
           .
        
         
           I
           come
           now
           to
           the
           Measure
           of
           the
           Obligation
           of
           the
           Canons
           in
           Force
           .
        
         
           And
           therein
           a
           great
           Regard
           is
           to
           be
           had
           to
           the
           Intention
           of
           that
           Authority
           which
           enjoyns
           them
           ;
           and
           that
           is
           to
           be
           gathered
           from
           three
           Things
           ;
        
         
           1.
           
           The
           Matter
           .
           2.
           
           The
           Words
           and
           Sense
           of
           the
           Church
           .
           3.
           
           The
           Penalty
           .
        
         
           1.
           
           As
           to
           the
           Matter
           .
           If
           it
           be
           in
           it self
           weighty
           ,
           and
           tends
           to
           promote
           that
           which
           is
           good
           and
           pious
           ,
           and
           for
           the
           Honour
           of
           God
           ,
           and
           Service
           
           of
           Religion
           ,
           it
           cannot
           be
           denied
           but
           these
           Canons
           do
           oblige
           in
           Conscience
           .
        
         
           Bellarmin
           distinguishes
           between
           Laws
           of
           the
           Church
           ,
           
           which
           ,
           he
           saith
           ,
           are
           very
           few
           ,
           and
           pious
           Admonitions
           and
           good
           Orders
           ,
           which
           are
           not
           intended
           to
           oblige
           Men
           to
           sin
           ,
           but
           only
           in
           case
           of
           Contempt
           and
           Scandal
           .
           And
           as
           to
           the
           Feasts
           and
           Fasts
           of
           the
           Church
           ,
           which
           belong
           to
           the
           Laws
           ,
           he
           saith
           ,
           They
           have
           
             mitissimam
             Obligationem
          
           ;
           so
           any
           one
           would
           think
           ,
           who
           considers
           how
           many
           are
           exempted
           ,
           and
           for
           what
           Reasons
           .
        
         
           Gerson
           saith
           ,
           
           That
           no
           human
           Constitutions
           bind
           as
           to
           moral
           Sin
           ,
           unless
           it
           be
           founded
           on
           the
           Law
           of
           God
           ;
           as
           he
           confesses
           the
           Church's
           Authority
           is
           ,
           as
           to
           circumstances
           ;
           and
           then
           he
           thinks
           it
           obliges
           in
           Conscience
           .
           
           The
           Substance
           of
           his
           Opinion
           ,
           which
           hath
           been
           much
           disputed
           and
           controverted
           by
           Modern
           Casuists
           ,
           lies
           in
           these
           things
           :
        
         
         
           1.
           
           That
           where
           Ecclesiastical
           Constitutions
           do
           inforce
           any
           part
           of
           the
           Law
           of
           God
           ,
           although
           it
           be
           not
           expresly
           contained
           therein
           ,
           they
           do
           immediately
           bind
           the
           Consciences
           of
           Men.
           
        
         
           2.
           
           That
           where
           they
           tend
           to
           the
           good
           of
           the
           Church
           ,
           and
           the
           Preservation
           of
           Decency
           and
           Order
           ,
           they
           do
           so
           far
           oblige
           ,
           that
           the
           contempt
           of
           Authority
           therein
           ,
           is
           a
           Sin
           against
           the
           Law
           of
           God.
           
        
         
           3.
           
           That
           where
           the
           Injunctions
           of
           Authority
           are
           for
           no
           other
           End
           ,
           but
           to
           be
           obeyed
           ,
           he
           doth
           not
           think
           that
           there
           is
           any
           strict
           Obligation
           in
           point
           of
           Conscience
           .
        
         
           And
           so
           far
           Cajetan
           agrees
           with
           him
           .
           
        
         
           And
           although
           the
           other
           Casuists
           seem
           to
           be
           very
           angry
           with
           him
           ,
           yet
           when
           they
           require
           a
           publick
           Good
           ,
           and
           the
           Order
           of
           the
           Church
           to
           be
           the
           Reason
           of
           Ecclesiastical
           Laws
           ,
           
           they
           do
           ,
           in
           effect
           ,
           agree
           with
           him
           .
        
         
           Now
           as
           to
           the
           Matter
           of
           our
           Canons
           which
           respect
           the
           Clergy
           ,
           there
           are
           two
           especially
           which
           bind
           them
           strictly
           ;
        
         
           1.
           
           The
           Canon
           about
           Sobriety
           of
           Conversation
           ,
           Can.
           75.
           
           Yes
           ,
           some
           may
           say
           ,
           as
           far
           as
           the
           Law
           of
           God
           obliges
           ,
           i.e.
           to
           Temperance
           and
           Sobriety
           ;
           but
           the
           Canon
           forbids
           resorting
           to
           
             Taverns
             ,
             or
             Alebouses
             ,
             or
             playing
             at
             Dice
             ,
             Cards
             ,
             or
             Tables
          
           ;
           doth
           this
           Canon
           oblige
           in
           Conscience
           in
           this
           manner
           ?
           If
           it
           were
           a
           new
           thing
           that
           were
           forbidden
           ,
           there
           were
           some
           Plea
           against
           the
           Severity
           of
           it
           ;
           but
           frequenting
           Publick
           Houses
           is
           forbidden
           by
           the
           Apostolical
           Canons
           ,
           
           which
           are
           of
           great
           Antiquity
           ,
           by
           the
           Council
           of
           Laodicea
           ,
           and
           in
           Trullo
           ,
           and
           many
           others
           since
           .
           
        
         
           And
           by
           the
           Apostolical
           Canons
           any
           Presbyter
           playing
           at
           Dice
           ,
           and
           
           continuing
           so
           to
           do
           after
           Admonition
           ,
           
           is
           to
           be
           deprived
           .
           The
           
             Illiberitan
             Council
          
           makes
           it
           Excommunication
           to
           play
           at
           Dice
           .
           Not
           meerly
           for
           the
           Images
           of
           the
           Gentile
           Gods
           upon
           them
           ,
           as
           Albaspinaeus
           thinks
           ,
           but
           because
           the
           thing
           it self
           was
           not
           of
           good
           Report
           ,
           even
           among
           the
           Gentiles
           themselves
           ;
           as
           appears
           by
           Cicero
           ,
           
           
             Ovid
             ,
             Suetonius
          
           ,
           &c.
           as
           giving
           too
           great
           Occasion
           for
           indecent
           Passions
           ,
           
           and
           of
           the
           loss
           of
           time
           .
           Hostiensis
           reckons
           up
           Sixteen
           Vices
           that
           accompany
           it
           ,
           
           which
           a
           Clergyman
           especially
           ought
           to
           avoid
           .
           
           And
           playing
           at
           Dice
           was
           infamous
           by
           the
           Civil
           Law.
           
        
         
           Iustinian
           forbids
           Clergymen
           not
           only
           playing
           ,
           
           but
           being
           present
           at
           it
           .
           It
           was
           forbidden
           in
           the
           old
           Articles
           of
           Visitation
           here
           ,
           
           and
           in
           several
           Diocesan
           Synods
           ,
           Spelm.
           II.
           192
           ,
           252
           ,
           298
           ,
           367
           ,
           450.
           
           So
           that
           there
           can
           be
           no
           Reason
           to
           complain
           of
           the
           
           Severity
           of
           this
           Canon
           ,
           which
           so
           generally
           obtained
           in
           the
           Christian
           Church
           .
        
         
           II.
           The
           Canons
           which
           relate
           to
           Ministers
           discharging
           the
           several
           Duties
           of
           their
           Function
           ,
           in
           Preaching
           ,
           Praying
           ,
           Administring
           Sacraments
           ,
           Catechizing
           ,
           Visiting
           the
           Sick
           ,
           &c.
           which
           are
           intended
           to
           inforce
           an
           Antecedent
           Duty
           ;
           which
           we
           can
           never
           press
           you
           too
           much
           or
           too
           earnestly
           to
           ;
           considering
           that
           the
           Honour
           of
           Religion
           ,
           and
           the
           Salvation
           of
           your
           own
           and
           the
           Peoples
           Souls
           depend
           upon
           it
           .
        
         
           (
           2.
           )
           The
           next
           way
           of
           judging
           the
           Church's
           Intention
           ,
           is
           by
           the
           Words
           and
           Sense
           of
           the
           Church
           .
           
           Cajetan
           thinks
           the
           general
           Sense
           is
           the
           best
           Rule
           .
           
           Navarr
           saith
           to
           the
           same
           purpose
           ,
           although
           some
           Words
           are
           stricter
           than
           others
           .
           
           Suarez
           ,
           That
           the
           main
           Obligation
           depends
           on
           the
           
           matter
           ,
           but
           the
           Church's
           Intention
           may
           be
           more
           expressed
           by
           special
           Words
           of
           Command
           .
           
           Tolet
           relies
           most
           upon
           the
           Sense
           of
           the
           Church
           :
           But
           the
           Sense
           of
           the
           Church
           must
           be
           understood
           ,
           whether
           it
           be
           Approving
           ,
           or
           Recommending
           ,
           or
           strictly
           Commanding
           ,
           according
           to
           the
           Obligation
           of
           Affirmative
           Precepts
           ,
           which
           makes
           a
           reasonable
           Allowance
           for
           Circumstances
           .
           And
           so
           our
           Church
           in
           some
           cases
           expresly
           allows
           reasonable
           Impediments
           .
           And
           in
           Precepts
           of
           Abstinence
           ,
           we
           must
           distinguish
           the
           Sense
           of
           the
           Church
           ,
           as
           to
           Moral
           Abstinence
           ,
           i.e.
           subduing
           the
           Flesh
           to
           the
           Spirit
           ;
           and
           a
           Ritual
           Abstinence
           in
           a
           meer
           Difference
           of
           Meats
           ,
           which
           our
           Church
           lays
           no
           Weight
           upon
           ;
           and
           a
           Religious
           Abstinence
           for
           a
           greater
           Exercise
           of
           Prayer
           and
           Devotion
           ,
           which
           our
           Church
           doth
           particularly
           recommend
           at
           particular
           Seasons
           ,
           which
           I
           need
           not
           mention
           .
        
         
         
           (
           3.
           )
           By
           the
           Penalties
           annexed
           ,
           which
           you
           may
           find
           by
           reading
           over
           the
           Canons
           ,
           which
           you
           ought
           to
           do
           frequently
           and
           seriously
           ,
           in
           order
           to
           your
           own
           Satisfaction
           about
           your
           Duties
           ,
           and
           the
           Obligation
           to
           perform
           them
           .
        
         
           
             But
             some
             may
             think
          
           ,
           that
           such
           Penal
           Canons
           oblige
           only
           to
           undergo
           the
           Punishment
           .
        
         
           To
           which
           I
           answer
           ,
           That
           the
           case
           is
           very
           different
           in
           an
           
             Hypothetical
             Law
          
           ,
           as
           Suarez
           calls
           it
           ;
           when
           Laws
           are
           only
           conditional
           and
           disjunctive
           ,
           either
           you
           must
           do
           so
           ,
           or
           you
           must
           undergo
           such
           Penalty
           ,
           which
           is
           then
           looked
           on
           as
           a
           legal
           Recompence
           ;
           and
           Ecclesiastical
           Constitutions
           ,
           where
           Obedience
           is
           chiefly
           intended
           ,
           and
           the
           Penalty
           is
           annexed
           only
           to
           inforce
           it
           ,
           and
           to
           deterr
           others
           from
           Disobedience
           .
           For
           no
           Man
           can
           imagine
           that
           the
           Church
           aims
           at
           any
           Man's
           Suspension
           or
           Deprivation
           
           for
           it self
           ,
           or
           by
           way
           of
           compensation
           for
           the
           Breach
           of
           its
           Constitutions
           .
        
         
           And
           now
           give
           me
           leave
           not
           only
           to
           put
           you
           in
           mind
           ,
           but
           to
           press
           earnestly
           upon
           you
           the
           diligent
           Performance
           of
           those
           Duties
           ,
           which
           by
           the
           Laws
           of
           God
           and
           Man
           ,
           and
           by
           your
           own
           voluntary
           Promises
           when
           you
           undertook
           the
           Cure
           of
           Souls
           ,
           are
           incumbent
           upon
           you
           .
           It
           is
           too
           easie
           to
           observe
           ,
           That
           those
           who
           have
           the
           Law
           on
           their
           side
           ,
           and
           the
           Advantage
           of
           a
           National
           Settlement
           ,
           are
           more
           apt
           to
           be
           remiss
           and
           careless
           when
           they
           have
           the
           Stream
           with
           them
           ,
           than
           those
           who
           row
           against
           it
           ,
           and
           therefore
           must
           take
           more
           pains
           to
           carry
           on
           their
           Designs
           .
           As
           those
           who
           force
           a
           Trade
           must
           use
           much
           more
           Diligence
           ,
           than
           those
           who
           go
           on
           in
           the
           common
           Road
           of
           Business
           .
           But
           what
           Diligence
           others
           use
           in
           gaining
           Parties
           ,
           
           do
           you
           imploy
           in
           the
           saving
           their
           Souls
           :
           Which
           the
           People
           will
           never
           believe
           you
           are
           in
           earnest
           in
           ,
           unless
           they
           observe
           you
           are
           very
           careful
           in
           saving
           your
           own
           by
           a
           conscientious
           Discharge
           of
           your
           Duties
           .
           They
           do
           not
           pretend
           to
           Fineness
           of
           Thoughts
           ,
           and
           Subtilty
           of
           Reasoning
           ,
           but
           they
           are
           shrewd
           Judges
           whether
           Men
           mean
           what
           they
           say
           ,
           or
           not
           ;
           and
           they
           do
           not
           love
           to
           be
           imposed
           upon
           by
           such
           a
           sort
           of
           Sophistry
           ,
           as
           if
           they
           could
           think
           that
           they
           can
           have
           such
           a
           Regard
           to
           their
           Souls
           ,
           who
           shew
           so
           little
           to
           their
           own
           .
           Therefore
           let
           your
           unblameable
           and
           holy
           Conversations
           ,
           your
           Charity
           and
           good
           Works
           ,
           your
           Diligence
           and
           Constancy
           in
           your
           Duties
           ,
           convince
           them
           that
           you
           are
           in
           earnest
           ;
           and
           they
           will
           hearken
           more
           to
           you
           ,
           than
           if
           you
           used
           the
           finest
           Speeches
           ,
           and
           the
           most
           eloquent
           Harangues
           in
           the
           Pulpit
           to
           them
           .
           These
           ,
           the
           People
           
           understand
           little
           ,
           and
           value
           less
           ;
           but
           a
           serious
           ,
           convincing
           ,
           and
           affectionate
           way
           of
           Preaching
           ,
           is
           the
           most
           likely
           way
           to
           work
           upon
           them
           .
           If
           there
           be
           such
           a
           thing
           as
           another
           World
           ,
           as
           no
           doubt
           there
           is
           ,
           what
           can
           you
           imploy
           your
           Time
           ,
           and
           Thoughts
           ,
           and
           Pains
           better
           about
           ,
           than
           preparing
           the
           Souls
           of
           your
           People
           for
           a
           happy
           Eternity
           ?
           How
           mean
           are
           all
           other
           laborious
           Trifles
           ,
           and
           learned
           Impertinencies
           ,
           and
           busie
           Inquiries
           ,
           and
           restless
           Thoughts
           ,
           in
           comparison
           with
           this
           most
           valuable
           and
           happy
           Imployment
           ,
           if
           we
           discharge
           it
           well
           ?
           And
           happy
           is
           that
           Man
           ,
           who
           enjoys
           the
           Satisfaction
           of
           doing
           his
           Duty
           now
           ,
           and
           much
           more
           happy
           will
           he
           be
           
             whom
             our
             Lord
             ,
             when
             he
             cometh
             ,
             shall
             find
             so
             doing
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A61555-e120
           
             Pag.
             277
             ,
             &c.
             
          
           
             Histoire
             des
             O●●●ages
             des
             Scavans
             .
          
           
             Août
             ,
             1697.
             p.
             551.
             
          
        
         
           Notes for div A61555-e2560
           
             Regino
             .
             l.
             2.
             p.
             205.
             
          
           
             Hispan
             .
             Concil
             .
             p.
             29.
             
          
           
             Regino
             Collect.
             Canon
             .
             lib.
             2.
             p.
             204.
             
          
           
             Burchard
             .
             l.
             1.
             c.
             91
             ,
             92.
             
          
           
             Gratian
             35.
             q.
             5.
             c.
             7.
             
          
           
             Hieron
             Comment
             .
             ad
             Titum
             .
          
           
             Epist.
             ad
             〈◊〉
             
          
           
             Advers
             .
             Luciferian
             .
          
           
             Hier.
             in
             Psal.
             ad
             Evagr.
             
          
           
             Ad
             Marcel
             .
             Cyprian
             .
          
           
             Ep.
             3
             66.
             
             Aug.
             in
             Ps.
             44.
             44.
             
          
           
             Ambros.
             ad
             Eph.
             4.
             11.
             
          
           
             1
             Cor.
             12.
             28.
             
          
           
             Theod.
             ad
             1
             Tim.
             1.
             3.
             
          
           
             Iren.
             l.
             3.
             c.
             3.
             
          
           
             3
             Iohn
             9
             ,
             10.
             
          
           
             1
             Tim.
             3.
             2
             ,
             3
             ,
             &c.
             
          
           
             5.
             22.
             
          
           
             19.
             
          
           
             20.
             
          
           
             21.
             
          
           
             Titus
             1.
             5.
             
          
           
             De
             voto
             &
             voti
             Redempt
             .
             Lyndw.
             f.
             103.
             
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             f.
             182.
             
          
           
             Constit.
             Othon
             .
             f.
             292.
             
          
           
             Concil
             .
             Angl.
             vol.
             2.
             f.
             227.
             
          
           
             Constit.
             Provinc
             .
             De
             Officio
             Archi-Presbyteri
             ,
             f.
             33.
             
             Concil
             .
             Anglic.
             vol.
             1.
             p.
             183.
             
          
           
             Lyndw.
             v.
             latratuf
             .
             33.
             V.
             Pabulo
             V.
             Dei.
             
          
           
             *
             Prov.
             Constit
             .
             De
             Offic.
             Arch-Presbyt
             .
             f.
             282.
             
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             p.
             332.
             
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             p.
             700
             ,
             707.
             
          
           
             Concil
             .
             Anglic.
             2
             vol.
             p.
             649.
             
          
           
             Constit.
             de
             haeret
             .
             f.
             156.
             
          
           
             Lyndw.
             f.
             156.
             
          
           
             C.
             Dudum
             .
             Clem.
             de
             Sepulturis
             .
          
           
             Io.
             de
             Athon
             .
             in
             Constitut.
             Othobon
             .
             f.
             46.
             
          
           
             C.
             Dudum
             de
             Sepulturis
             .
          
           
             Non
             potest
             esse
             Pastoris
             excusatio
             ,
             si
             lupus
             oves
             comedit
             ,
             &
             Pastor
             nescit
             .
             
               Extr.
               de
               Reg.
               Juris
            
             c.
             10.
             
          
           
             
               Reginald
               .
               Praxis
            
             ,
             l.
             30.
             tr
             .
             3.
             c.
             5.
             p.
             52.
             
          
           
             Constit.
             Provinc
             .
             de
             Clericis
             non
             Resid
             .
             c.
             quum
             hostis
             .
          
           
             Ioh.
             Athon
             .
             ad
             Constit.
             Othon
             .
             f.
             14.
             
          
           
             Reginald
             .
             ib.
             n.
             53.
             
          
           
             Can.
             Relatum
             Ex.
             de
             Cleri●is
             non
             Resid
             .
          
           
             Lyndw.
             in
             c.
             ●uum
             hostis
             .
             Residcant
             cum
             effectu
             .
          
           
             Ioh.
             de
             Athon
             .
             in
             Constit.
             Othon
             .
             f.
             14.
             
             Continui
             .
          
           
             Can.
             Extirpand
             .
             De
             Praebend
             .
             &
             Dign
             .
          
           
             De
             Praesumpt
             .
             f.
             55.
             2.
             
          
           
             De
             Cleri●●
             non
             Resident
             .
             cum
             hostis
             ,
             &c.
             
          
           
             Lyndw.
             f.
             34.
             
             Ioh.
             de
             Athon
             .
             in
             Constit.
             Othon
             .
             f.
             12.
             
          
           
             Otho
             de
             Instit.
             Vic.
             f.
             14.
             
             Othobon
             .
             f.
             46.
             
          
           
             Ioh.
             de
             Athon
             .
             in
             Constit.
             Othon
             .
          
           
             Can.
             Quia
             nonnulli
             de
             Clericis
             non
             Resid
             .
          
           
             Quadril
             .
             1.
             1.
             c.
             5.
             
          
           
             Plato
             de
             Leg.
             l.
             6.
             
          
           
             Arist.
             Polit.
             
               l.
               1.
               c.
            
             2.
             
          
           
             Nicom
             .
             
               l.
               2.
               c.
               1.
               7.
               c.
            
             7.
             
          
           
             〈◊〉
             .
             24.
             de
             〈…〉
             c.
             4
             ▪
             
          
           
             Lyndw.
             Pr●v
             .
             C●st
             .
             f.
             134
             ,
             135.
             
          
           
             Concil
             .
             Anglic.
             2
             Vol.
             324
             ,
             330.
             
          
           
             De
             C●nse●r
             .
             Dist.
             4.
             c.
             54
             ,
             57.
             
          
           
             Lynd.
             f.
             1.
             11.
             
             Sciat
             .
          
           
             Si
             enim
             habeant
             expensas
             &
             magistros
             ,
             peccarent
             ,
             nisi
             plus
             sciant
             quam
             Laici
             .
          
           
             Provine
             .
             Constit
             .
          
           
             De
             Sacra
             Vnct.
             f.
             18.
             
          
           
             Concil
             .
             Angl.
             2.
             
             Vol.
             p.
             353.
             
          
           
             C●●cil
             .
             Angl.
             〈◊〉
             2.
             p.
             14●
             ,
             1●●
             .
          
           
             〈…〉
             .
          
           
             p.
             44●
             .
          
           
             ●
             .
             143.
             
          
           
             Lyndw.
             f.
             19.
             
          
           
             Orig.
             in
             Iur.
             H●m
             .
             14.
             p.
             14.
             
             Ed.
             〈◊〉
             .
          
           
             11.
             
             Q.
             3.
             c.
             63.
             
             Lyndw.
             ad
             L.
             de
             Poenis
             .
             f.
             161.
             
          
           
             Extr.
             de
             Priv.
             c.
             Porro
             in
             Gloss.
             
          
           
             In
             〈…〉
             17.
             
             In
             Ephes.
             Hem.
             3.
             
          
           
             Concil
             .
             Angl.
             Tom.
             2.
             p.
             144
             ,
             166
             ,
             299.
             
          
           
             Calvin
             .
             Instit.
             l.
             4.
             c.
             17.
             n.
             44.
             
             Pet.
             Martyr
             .
             L.
             C.
             l.
             4.
             c.
             10.
             n.
             48.
             
          
           
             In
             1
             Cor.
             11.
             p.
             55.
             
          
           
             Bucer
             in
             Matth.
             16.
             p.
             186.
             
          
           
             I●●t
             .
             632.
             
          
           
             2
             Inst.
             632.
             
          
           
             Provinc
             .
             Cons.
             quum
             secund
             .
             f.
             71.
             
          
           
             Can.
             95.
             
          
           
             5
             Rep.
             57.
             
          
           
             *
             Multa
             impediunt
             promovendum
             ,
             quae
             non
             de●iciunt
             .
             Gloss.
             in
             c.
             15.
             de
             Vit.
             &
             Honest.
             Cleric
             .
          
           
             C.
             Christiano
             ,
             f.
             63.
             
          
           
             De
             Iure
             Patron
             .
             c.
             Pastoralis
             Officii
             .
          
           
             Gloss.
             in
             Can.
             &
             malitiose
             .
          
           
             Moor
             26
             El.
             3.
             3
             
             Cr.
             27.
             
          
           
             Can.
             39.
             
          
           
             3
             Cr.
             341.
             1
             
             Leon.
             230.
             
          
           
             Regino
             l.
             1.
             c.
             5
             ,
             6
             ,
             7
             ,
             8
             ,
             10.
             
             Baluz
             .
             ad
             Reginon
             .
             p.
             531.
             
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             f.
             124.
             
          
           
             c.
             10.
             q.
             1.
             
             Episcopum
             ,
             Regino
             .
             l.
             1.
             c.
             7.
             
          
           
             Concil
             .
             Braga
             .
             2.
             c.
             1.
             10.
             q.
             1.
             
             Placait
             .
          
           
             Concil
             .
             Cabil
             .
             2.
             c.
             14.
             
          
           
             De
             Censibus
             ,
             f.
             121.
             
          
           
             De
             Officio
             Vicarii
             c.
             quoniam
             V.
             Procurari
             .
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             140
             ,
             200.
             
          
           
             Extr.
             de
             Vita
             &
             Honestat
             .
             Cleric
             .
             c.
             14.
             
          
           
             Prov.
             Cont.
             f.
             61.
             
          
           
             Epist.
             ad
             Ios.
             Hall.
             
          
           
             Concil
             .
             Anglic.
             2
             vol.
             104.
             
          
           
             f.
             122.
             
          
           
             126.
             
          
           
             Can.
             78.
             
          
           
             Brownlow's
             Rep.
             f.
             37.
             
          
           
             Id.
             f.
             70.
             
          
           
             Lyndw.
             f.
             9.
             
          
           
             6
             C.
             14.
             
             Hob.
             293.
             
             Owen
             87.
             1
             
             Cr.
             41.
             789.
             
          
           
             Officium
             Curae
             animarum
             est
             praecipuum
             a●
             spiritualissimum
             Dei
             Donum
             .
             Ca●etan
             .
             in
             Act.
             8.
             
          
           
             Concil
             .
             Anglic.
             vol.
             2.
             p.
             8
             ,
             10.
             
          
           
             p.
             35.
             
          
           
             p.
             105.
             
             Constit.
             Prov.
             152.
             
          
           
             Parsons
             Councellor
             ,
             Sect.
             5.
             
          
           
             Hob.
             167.
             
          
           
             1
             Rolls
             237.
             
          
           
             Io.
             de
             Athon
             .
             in
             Constit.
             Othob
             .
             f.
             55.
             2.
             35.
             
             E.
             1.
             
          
           
             ●
             R.
             72.
             
             〈◊〉
             Inst.
             204.
             ●●oo●
             917.
             
             Godbolt
             279.
             
             Rolls
             813.
             29.
             
             E.
             3.
             16.
             2
             
             Hen.
             4.
             3.
             11
             
             Hen.
             6.
             20.
             9.
             
             E.
             4.
             34.
             
          
           
             Constit.
             Othob
             .
             f.
             55.
             2.
             
          
           
             Othob
             .
             f.
             55.
             2.
             
          
           
             Provinc
             .
             Constit
             .
             f.
             59.
             
          
           
             Lyndw.
             ib.
             V.
             sit
             content
             .
          
           
             10.
             q.
             3.
             c.
             Vnio
             .
          
           
             Concil
             .
             Tolet.
             16.
             c.
             5.
             
          
           
             21.
             q.
             1.
             c.
             1.
             
             Clericus
             .
          
           
             Ex.
             de
             Praeb
             .
             c.
             referente
             .
          
           
             Ex.
             de
             Cleric
             .
             Non-Resident
             .
             c.
             quia
             nonnulli
             .
          
           
             Ex.
             de
             Praeb
             .
             c.
             de
             Multa
             .
          
           
             Less
             .
             l.
             2.
             c.
             34.
             
             Dub.
             27.
             
          
           
             Pan.
             c.
             du
             .
             lu●
             .
             2.
             de
             Elect.
             Sylv.
             Benef.
             4.
             
             Sum.
             Angel.
             Ben.
             35.
             
          
           
             Tolet
             Summa
             Casim
             .
             5.
             
             ●
             .
             82.
             
          
           
             Cr.
             Car.
             f.
             456.
             
          
           
             C.
             4.
             75.
             
             Holland's
             Case
             .
          
        
         
           Notes for div A61555-e11750
           
             Deut.
             33.
             10.
             
          
           
             Levit.
             10.
             11.
             
          
           
             Numb
             .
             1.
             3
             ,
             46.
             
          
           
             ●
             .
             15
             ,
             39.
             
          
           
             Selden's
             Review
             ,
             p.
             456.
             
          
           
             Hosea
             4.
             6.
             
          
           
             Isa.
             56.
             11.
             
          
           
             12.
             
          
           
             Levit.
             10.
             8
             ,
             9.
             
          
           
             10.
             
          
           
             11.
             
          
           
             Levit.
             10.
             3.
             
          
           
             Ezek.
             3.
             18
             ,
             20.
             
          
           
             33.
             7.
             
          
           
             1
             Pet.
             5.
             2
             ,
             3.
             
          
           
             Acts
             20.
             28.
             
          
           
             1
             Thess.
             5.
             12.
             
          
           
             Heb.
             13.
             17.
             
          
           
             Ad
             probandam
             Ecclesiam
             Parochialem
             ,
             primo
             est
             necesse
             quod
             habeat
             locum
             certis
             finibus
             constitutum
             ,
             in
             quo
             degat
             populus
             illi
             Ecclesiae
             deputatu●
             .
             
               Rebuff
               .
               ad
               Concord
               .
               de
               Collat.
               Sect.
               Stat.
               n.
            
             2.
             
          
           
             Bed.
             l.
             1.
             c.
             26.
             
          
           
             c.
             33.
             
          
           
             L.
             2.
             c.
             3.
             
          
           
             L.
             3.
             c.
             7.
             
          
           
             L.
             4.
             c.
             13
             ,
             16.
             
          
           
             L.
             4.
             c.
             12.
             
          
           
             L.
             5.
             c.
             4
             ,
             5.
             
          
           
             Bed.
             Epist.
             ad
             Egbert
             .
             p.
             64.
             
          
           
             Egbert
             .
             Can.
             1
             ,
             2
             ,
             3
             ,
             4.
             
          
           
             Concil
             .
             Anglie
             .
             1.
             293.
             
          
           
             1.
             p.
             248.
             
          
           
             Can.
             9.
             
          
           
             Concil
             .
             Anglic●
             1.
             444.
             
          
           
             P.
             544
             ,
             545.
             
          
           
             P.
             540.
             
          
           
             Ansclm.
             Episi
             .
             
               l.
               4.
               
               Ep.
            
             3.
             
          
           
             Ioh.
             de
             Athon
             :
             in
             Const.
             Othob
             .
             p.
             59.
             
          
           
             Extr.
             de
             Iure
             Patron
             .
             c.
             30.
             
          
           
             Lyndw.
             f.
             34.
             167.
             
          
           
             De
             Vit.
             &
             Honest.
             c.
             3.
             
             Gloss.
             
          
           
             C.
             1.
             q.
             2.
             
             C.
             1.
             
             Concil
             .
             Anglic.
             11.
             253.
             
          
           
             Lynw.
             f.
             53.
             2.
             167.
             72.
             2.
             
          
           
             Extr.
             Ne
             Praeter
             vices
             ,
             
               &c.
               c.
            
             3.
             
          
           
             Lyndw.
             de
             Consert
             .
             E.
             Stat.
             c.
             Rect.
             
          
           
             Athon
             .
             f.
             13.
             
          
           
             Ext.
             de
             Praeb
             .
             c.
             de
             Monachis
             .
          
           
             Lyndw.
             d●
             O●ficio
             〈◊〉
             c.
             qu●●
             
          
           
             Thorn.
             c.
             2
             ▪
             Sect.
             8.
             
          
           
             Extr.
             de
             〈◊〉
             Ordin
             .
          
           
             Azor.
             p.
             2.
             l.
             c.
             19.
             
          
           
             Barbosa
             de
             Officio
             Parochial
             .
             
               c.
               1.
               n.
            
             9.
             
          
           
             Concil
             .
             Angls
             1.
             p.
             183.
             
          
           
             Angl.
             Sacr.
             1.
             150.
             
          
           
             Stub
             .
             Vit.
             Arch.
             
          
           
             H.
             Huntingin
             Angl.
             Sacr.
             
          
           
             Concil
             .
             Angl.
             11.
             14.
             
          
           
             Seld.
             14.
             1.
             4
             l●st
             .
             259.
             
          
           
             Tit.
             H.
             1.
             c.
             ●
             .
          
           
             Can.
             48.
             
          
           
             Can.
             41.
             
          
        
         
           Notes for div A61555-e16040
           
             Concil
             .
             Angl.
             1.
             249.
             
          
           
             Concil
             .
             Angl.
             I.
             258.
             
          
           
             Egbert
             .
             Dial.
             de
             Eccles.
             Instit
             .
             cum
             Bedae
             Epistol
             .
             ad
             Egbert
             .
             Dublin
             ,
             1664.
             
          
           
             Concil
             .
             Angl.
             1.
             600.
             
          
           
             Bed.
             T.
             7.
             p.
             639.
             
          
           
             Alcuin
             .
             de
             Offic
             c.
             27.
             
          
           
             Epist.
             5.
             49.
             
          
           
             De
             Off.
             c.
             40
             ,
          
           
             Bed.
             T.
             IV.
             586.
             
          
           
             V.
             583.
             
          
           
             II.
             310.
             
          
           
             VIII
             .
             930.
             
          
           
             August
             .
             in
             Psal.
             91.
             in
             Psal.
             32.
             11.
             6.
             
          
           
             De
             10
             Chordis
             .
          
           
             Euseb.
             Praep.
             
               l.
               8.
               c.
            
             7.
             
          
           
             Ioseph
             .
             2.
             c.
             Appion
             .
          
           
             Aben-Ezra
             in
             Exod.
             
          
           
             Kimchi
             ad
             Psal.
             92.
             
          
           
             Menass
             .
             Concil
             .
             in
             Exod.
             Q.
             35.
             
          
           
             Aug.
             c.
             Faust.
             
               l.
               6.
               c.
            
             4.
             c.
             Adimant
             .
             c.
             2.
             16.
             
          
           
             De
             Genes
             .
             ad
             lit
             .
             c.
             11.
             13.
             
          
           
             Epist.
             ad
             Ian.
             119.
             c.
             13.
             
          
           
             
               Greg.
               Epist.
            
             l.
             11.
             c.
             3.
             
          
           
             De
             Consecr
             .
             Dist.
             3.
             c.
             16.
             
          
           
             Conc.
             Narbon
             .
             Can.
             4.
             
          
           
             Concil
             .
             Cabil
             .
             c.
             18.
             
          
           
             Aquisgran
             .
             c.
             81.
             
             Arelat
             .
             VI.
             Can.
             16.
             
             Rhem.
             2.
             c.
             35.
             
             Paris
             .
             
               VI.
               l.
               3.
               c.
            
             5.
             
          
           
             De
             Officio
             Archipresbyt
             .
             f.
             29.
             2.
             
          
           
             Aquin.
             in
             Sent.
             l.
             3.
             
             Dist.
             37.
             
             Qu.
             1.
             
             Art.
             2.
             
          
           
             2.
             2.
             122.
             4.
             
          
           
             ●
             2.
             
             Q.
             100.
             1.
             
          
           
             Bell
             de
             Cultu
             Sanct.
             
               l.
               3.
               c.
            
             11.
             
          
           
             Covarruv
             .
             Car.
             Resol
             .
             
               l.
               4.
               c.
            
             19.
             
          
           
             Azor.
             T.
             2.
             
             C.
             2.
             
             Q.
             2.
             
          
           
             
               Suarez
               de
               Rel.
               Tr.
            
             2.
             l.
             2.
             c.
             1.
             n.
             15.
             c.
             4.
             n.
             8
             ,
             9.
             
          
           
             Waldens
             .
             T.
             3.
             
             Tit.
             16.
             c.
             140.
             
          
           
             Ina
             LL.
             c.
             3.
             
          
           
             Withred
             .
             c.
             10.
             
          
           
             Alfred
             .
             c.
             10
             ,
             11.
             
          
           
             Athelst.
             c.
             9.
             
          
           
             Edgar
             .
             c.
             19.
             
          
           
             Ethelred
             .
             c.
             15.
             
          
           
             Canut
             .
             c.
             15.
             
          
           
             
               Concil
               .
               Angl.
            
             II.
             238
             ,
             372
             ,
             599.
             
          
           
             
               Pupill
               .
               Oculi
            
             ,
             part
             .
             9.
             c.
             6.
             
          
           
             Homily
             of
             the
             Place
             and
             Time
             of
             Prayer
             .
          
           
             
               Eccles.
               Polity
            
             ,
             l.
             5.
             n.
             70.
             
          
           
             Orig.
             in
             Numer
             .
             Hom.
             23.
             c.
             28.
             
          
           
             Hom.
             9.
             in
             Levit.
             16.
             
          
           
             Chrysost.
             Hom.
             5.
             in
             Matth.
             
          
           
             2
             Hom.
             in
             Ioh.
             Hom.
             5.
             ad
             Pop.
             Antioch
             .
          
           
             Hom.
             10.
             in
             Gen.
             
          
           
             De
             Officio
             Archipresbyt
             .
             v.
             Sanctifices
             .
          
           
             Alcuin
             .
             de
             Offic.
             c.
             40.
             
          
           
             Wilt●em
             .
             in
             Diptych
             .
          
           
             Leod.
             c.
             8.
             
          
           
             De
             Cultu
             Sanct.
             l.
             3.
             c.
             10.
             
          
           
             De
             Feriis
             ,
             f.
             52.
             
          
           
             Concil
             .
             Angl.
             I.
             247.
             
          
           
             Soz.
             l.
             7.
             c.
             19.
             
          
           
             Regest
             .
             l.
             1.
             24.
             
          
           
             Concil
             .
             Vasens
             .
             2.
             c.
             2.
             
          
           
             Turon
             .
             3.
             c.
             17.
             
             Arel
             .
             6.
             c.
             10.
             
             Capitul
             .
             1.
             160.
             
          
           
             Reginold
             .
             1.
             205.
             
          
           
             Capit.
             11.
             c.
             5.
             
          
           
             Erasm.
             Praefat
             .
             ad
             Eccles.
             
          
           
             Sess.
             24.
             c.
             4.
             de
             Reform
             .
          
           
             Act.
             Eccles.
             Mediol
             .
             44●
             ,
             450.
             
          
           
             Palaeot
             .
             de
             Administr
             .
          
           
             
               Eccles.
               Bonon
            
             .
             part
             .
             2.
             p.
             34.
             
          
           
             Godeau
             sur
             les
             Ordres
             ,
             p.
             458.
             
          
           
             Bordenave
             des
             Eglis
             .
             Cathedral
             .
             p.
             670.
             
          
           
             Tertul.
             de
             Baptis
             .
             c.
             19.
             
          
           
             Leo
             Ep.
             78.
             
          
           
             Ambros.
             Serm.
             61.
             
          
           
             Theodulph
             .
             de
             Ordine
             Baptism
             .
             c.
             8.
             
          
           
             Alcuin
             .
             de
             Bapt.
             Cerem
             .
             p.
             1151.
             
          
           
             August
             .
             de
             Symbol
             .
             ad
             Catech.
             
               l.
               2.
               c.
            
             1.
             
          
           
             De
             Fide
             &
             Oper.
             c.
             6.
             
          
           
             August
             .
             Serm.
             160.
             
          
           
             Bed.
             l.
             2.
             c.
             1●
             
          
           
             Concil
             .
             in
             Trullo
             ,
             Can.
             31
             ,
             59.
             
          
           
             Syn.
             A.
             &
             B.
             Can.
             12.
             
          
           
             Duaren
             .
             de
             Benef.
             
               l.
               2.
               c.
            
             7
             ▪
             
          
           
             Concil
             .
             Angl.
             
               I.
               p.
            
             194.
             
          
           
             Theod.
             Capit.
             55
             ,
             57.
             
          
           
             L.
             L.
             Canut
             .
             c.
             22
             ,
             23.
             
          
           
             L.
             L.
             Edmund
             .
             Cap.
             4.
             
          
           
             Theod.
             Capit.
             c.
             13.
             
          
           
             Regino
             I
             ,
             300.
             
          
           
             Capit.
             
               l.
               6.
               c.
            
             73
             ,
             75.
             
          
           
             Addit
             .
             2.
             c.
             10.
             
          
           
             Gul.
             Paris
             .
             de
             Collat.
             Benef.
             c.
             6.
             
          
           
             Perald
             .
             Sum.
             Vit.
             To.
             2.
             de
             Avarit
             .
             c.
             11
             Sect.
             1.
             
          
           
             Cantiprat
             .
             de
             Apibus
             
               l.
               1.
               c.
               19.
               n.
            
             5.
             
          
           
             Hist.
             universit
             .
             Paris
             .
             Secul
             .
             5.
             p.
             164.
             
          
           
             Aquin.
             Quaest.
             Quodlibet
             .
          
           
             Q.
             9.
             
             Art.
             15.
             
             Caj
             .
             ad
             2.
             2.
             q.
             185.
             
             R.
             5.
             
          
           
             Concil
             .
             Tolet.
             16.
             c.
             5.
             
             C.
             10.
             
             Q.
             3.
             c.
             3.
             
          
           
             Concil
             .
             Paris
             .
             6.
             c.
             49.
             
          
           
             Capit.
             l.
             5.
             c.
             108.
             
          
           
             Capit.
             l.
             6.
             c.
             200.
             l.
             7.
             c.
             245.
             
          
           
             Cajet
             .
             Sum.
             V.
             Benef.
             1.
             6.
             
          
           
             In.
             2.
             2.
             q.
             185.
             
             R.
             5.
             
          
           
             Filliuc
             .
             Tr.
             41.
             
               c.
               7.
               n.
            
             6.
             
          
           
             Concil
             .
             Nanet
             .
             c.
             8.
             
          
           
             Regino
             Inquisit
             .
             Art.
             46.
             
          
           
             Baluz
             .
             Append
             .
             ad
             Regin
             .
             604
             ,
             608
             ,
             612.
             
          
           
             Thomassin
             ,
             Part.
             3.
             c.
             42.
             n.
             9.
             
          
           
             Can.
             Apost
             .
             19.
             
          
           
             Nicen.
             c.
             16.
             
          
           
             Antioch
             .
             3.
             
          
           
             Laodic
             .
             42.
             
          
           
             Calced
             .
             10
             ,
             20.
             
          
           
             Cod.
             Afric
             .
             c.
             54.
             
          
           
             Cresc
             .
             Coll.
             Tit.
             17.
             
          
           
             Concil
             .
             Herudf
             ,
             c.
             5.
             
          
           
             Can.
             Edgar
             .
             8.
             
             Egbert
             .
             Can.
             13.
             
          
           
             Capitul
             .
             l.
             ●
             .
             c.
             175.
             
          
           
             Concil
             .
             Nannet
             .
             c.
             8.
             
          
           
             Concil
             .
             Tolet.
             16.
             c.
             4.
             
          
           
             C.
             10.
             
             Q.
             3.
             c.
             Vnio
             .
          
           
             Compegins
             de
             Vnion
             .
             
               n.
               1
               ,
               8
               ,
               10
               ,
               &c.
               
            
          
           
             Azor.
             p.
             2.
             l.
             6.
             c.
             28.
             
          
           
             Flam.
             Paris
             .
             de
             Resign
             .
             
               l.
               12.
               c.
               3.
               n.
            
             49.
             
          
           
             Addit
             .
             2.
             n.
             10.
             
          
        
         
           Notes for div A61555-e21930
           
             Baluz
             .
             ad
             Capit.
             1148
             
          
           
             Selden
             of
             Tithes
             ,
             p.
             53.
             
          
           
             Bignon
             .
             ad
             Form.
             Marc.
             p.
             980.
             
          
           
             Sirmond
             .
             ad
             Capit.
             p.
             768.
             
          
           
             Lyndw.
             f.
             44.
             
             Extr.
             de
             Censib
             .
             c.
             1.
             
          
           
             C.
             23.
             
             Q.
             8.
             c.
             24.
             
          
           
             De
             Consecr
             .
             D●st
             .
             1.
             c.
             9.
             
          
           
             C.
             16.
             
             Q.
             7.
             c.
             26.
             
          
           
             Baluz
             .
             Append
             .
             ad
             Reginon
             .
             p.
             622.
             
          
           
             Ent.
             de
             Eccles
             .
             aedific
             .
             c.
             ad
             Audientium
             .
          
           
             Seld.
             85
             ,
             86.
             
          
           
             F.
             89.
             
          
           
             Capit.
             816.
             c.
             9.
             
          
           
             Capit.
             1
             ,
             84
             ,
             141.
             
          
           
             Ivo
             p.
             3.
             c.
             55
             ,
             174.
             
          
           
             Regino
             l.
             1.
             c.
             24.
             
          
           
             Burch
             .
             l.
             3.
             c.
             52.
             
          
           
             C.
             23.
             q.
             8.
             c.
             24.
             25.
             
          
           
             
               Concil
               .
               Labb
            
             .
             T.
             8.
             p.
             1815.
             
          
           
             Filesaci
             Opus
             .
             
               p.
               846
               ,
               &c.
            
             
          
           
             Fragment
             .
             de
             Majoribus
             Pal.
             
          
           
             Du
             Chesn
             .
             T.
             1.
             
          
           
             Capit.
             l.
             1.
             157.
             
          
           
             Regin
             .
             l.
             1.
             43
             ,
             45
             ,
             46
             ,
             47.
             
          
           
             1
             Inst.
             17.
             b.
             
          
           
             Capit.
             l.
             7.
             c.
             392.
             
          
           
             Bignon
             .
             in
             Marculph
             .
             l.
             1.
             c.
             21.
             
          
           
             Aub.
             Mirae
             .
             Cod.
             Donat.
             l.
             1.
             c.
             136.
             
          
           
             P.
             Roverii
             Reomaus
             ,
             p.
             614.
             
          
           
             De
             Foro
             Compet
             .
             f.
             50.
             
             C.
             56.
             q.
             7.
             n.
             32.
             
          
           
             Concil
             .
             Brac.
             3.
             c.
             6.
             
          
           
             De
             Consecr
             .
             1.
             c.
             10.
             
          
           
             Agabard
             .
             de
             Dispens
             .
             c.
             20.
             
          
           
             Tertul.
             Apolog.
             c.
             39.
             
          
           
             Cypr.
             Ep.
             34.
             
          
           
             Ep.
             66.
             
          
           
             Ep.
             64.
             
          
           
             Selden
             of
             Tithes
             ,
             c.
             5.
             n.
             5.
             p.
             58.
             
          
           
             Spelm.
             Con.
             p.
             517.
             
          
           
             Glanvil
             .
             l.
             7.
             c.
             5.
             
          
           
             Spelm.
             Concil
             .
             
               II.
               p.
            
             433.
             
          
           
             P.
             453.
             
          
           
             P.
             391.
             
          
           
             2
             Inst.
             491.
             
          
           
             Warwickshire
             ,
             p.
             470
             ,
             &c.
             
          
           
             Spelm.
             II.
             p.
             393.
             
          
           
             P.
             303.
             
          
           
             P.
             452.
             
          
           
             P.
             410.
             
          
           
             P.
             585.
             
          
           
             Lyndw.
             f.
             12.
             
          
           
             Spelm.
             II.
             p.
             393.
             
          
           
             
               Spel.
               Gloss.
            
             c.
             Altarage
             .
          
           
             Ioh.
             de
             Burgo
             Pupill
             .
             Oculi
             ,
             
               f.
               118.
               b.
            
             
          
           
             Spelm.
             II.
             495
             ,
             410.
             
          
           
             
               Pupilla
               Oculi
            
             ,
             Part.
             5.
             c.
             21.
             
          
           
             Spel.
             Concil
             .
             ●
             517
             ,
             527.
             
          
           
             Mon.
             I.
             256.
             
          
           
             ●
             .
             Inst.
             642.
             
          
           
             Hob.
             R.
             296.
             
          
           
             Regist.
             f.
             46.
             
          
           
             Moor.
             f.
             50.
             
          
           
             Bustrod
             .
             3.
             243.
             
          
           
             11
             R.
             13.
             
          
           
             Hob.
             298.
             44.
             
          
           
             Rolls
             R.
             2.
             174.
             
          
           
             Poph.
             R.
             156.
             
          
           
             Law
             of
             Tithes
             ,
             
               c.
               12.
               p.
            
             214.
             
          
           
             2
             Inst.
             651.
             
             Select
             〈◊〉
             .
             16.
             
          
           
             Moor
             908.
             
          
           
             ●
             .
             El.
             277.
             
          
           
             〈…〉
             .
          
           
             F.
             N.
             B.
             53.
             
             B.
             241.
             
          
           
             Rolls
             637.
             
          
           
             March
             58
             ▪
             
          
           
             Law
             of
             Tithes
             ▪
             214.
             
          
           
             4
             Inst.
             232.
             1
             
             Rolls
             ,
             637.
             
          
           
             Cosin's
             Apo●
             .
             p.
             38.
             
          
           
             2
             Inst.
             664.
             
          
           
             11
             R.
             15
             ,
             16.
             
             Rolls
             1.
             636.
             
          
           
             Lyndw.
             de
             Decimis
             .
             c.
             Sanct
             c.
             Negotiat
             .
          
           
             Selden
             of
             Tithes
             ,
             244.
             
          
           
             Cr.
             Car.
             596.
             
          
           
             Hob.
             1.
             11.
             
          
           
             Regist.
             49.
             
          
           
             Rolls
             1.
             640.
             
          
           
             Hob.
             219.
             
          
           
             Cr.
             Car.
             526.
             
          
           
             Rolls
             1.
             637.
             
          
           
             Iones
             416.
             
          
           
             Hardres
             381.
             
          
           
             2
             Inst.
             652.
             
          
           
             Rolls
             1.
             640.
             
          
           
             648.
             
          
           
             Yelv.
             86.
             
          
           
             Cr.
             Iac.
             116.
             
          
           
             Law
             of
             Tithes
             ,
             190.
             c.
             3.
             
          
           
             2
             Inst.
             651.
             
             Law
             of
             Tithes
             c.
             8.
             
          
           
             Cr.
             Car.
             559.
             
          
           
             Iones
             ,
             447.
             
             F.
             N.
             B.
             51.
             
             Rolls
             .
             1.
             651.
             
          
           
             Rolls
             ,
             1.
             635.
             
          
           
             Rolls
             ,
             R.
             2.
             2.
             
          
           
             Hetley
             ,
             147.
             
          
           
             Littleton
             ,
             3.
             n.
             40.
             
          
           
             Rolls
             ,
             1.
             644.
             
          
           
             March
             ,
             56.
             
          
           
             Hetley
             ,
             13.
             
          
           
             Rolls
             ,
             1.
             635
             ,
             636.
             
          
           
             Palmer
             ,
             527.
             
          
           
             Cr.
             Car.
             264
             ,
             339.
             
          
           
             Lyndw.
             101.
             
             Spel.
             II.
             503.
             
          
           
             Hardr.
             188.
             
          
           
             Kebl
             .
             2.
             452.
             
          
           
             1
             Inst.
             115.
             6.
             244.
             
          
           
             Monast.
             I.
             577.
             646.
             1002.
             
          
           
             II.
             4.
             658.
             
          
           
             Lynd.
             f.
             99.
             
          
           
             F.
             N.
             B.
             53.
             
          
           
             2
             Inst.
             651.
             
          
           
             Hardres
             ,
             184.
             
          
           
             Poph.
             142.
             
          
           
             Rolls
             ,
             1.
             641
             ,
             650.
             
          
           
             Bulst
             .
             1.
             171.
             
          
           
             Rolls
             ,
             1.
             641.
             
          
           
             Poph.
             126
             ,
             197.
             
          
           
             Hardr.
             184.
             
          
           
             Law
             of
             Tithes
             200.
             
          
           
             Hist.
             of
             Tithes
             ,
             370.
             
          
           
             M●n
             .
             1.
             31●punc
             ;
          
           
             417.
             
          
           
             202.
             
          
           
             L.
             L.
             Saxon.
             
          
           
             Wh.
             p.
             62.
             
          
           
             Spelm.
             Concil
             .
             444.
             
          
           
             L.
             L.
             Canut
             .
             c.
             8
             ,
             10
             ,
             11.
             
          
           
             Seld
             of
             Tithes
             ,
             p.
             262.
             
          
           
             P.
             264.
             
          
           
             P.
             224.
             
          
           
             2
             R.
             44.
             
          
           
             2
             Inst.
             641.
             
          
           
             Dyer
             ,
             84.
             
          
           
             Brook
             ,
             241.
             
          
           
             Cr.
             Car.
             422.
             
          
           
             Palmer
             ,
             220.
             
          
           
             Selden
             ,
             293.
             
          
           
             Lyndw.
             81.
             b.
             
          
           
             Selden
             ,
             404.
             
          
           
             Not.
             in
             Decret
             .
             l.
             3.
             c.
             30.
             n.
             4.
             
          
           
             Innocent
             .
             3.
             
          
           
             Epist.
             2.
             c.
             114.
             
          
           
             Monast.
             I.
             112
             ,
             114
             ,
             201
             ,
             202
             ,
             327
             ,
             590
             ,
             436.
             
          
           
             II.
             50
             ,
             81.
             
          
           
             Du
             Fresn
             .
             e.
             Appropr
             .
          
           
             Monast.
             I.
             369
             ,
             399.
             
          
           
             II.
             58
             ,
             208
             ,
             656
             ,
             881.
             
          
           
             III.
             32
             ,
             36.
             
          
           
             Extr.
             de
             Praeb
             .
             c.
             
               De
               Monachis
            
             .
          
           
             Ext.
             de
             Praeb
             .
             c.
             Avar.
             
          
           
             Ext.
             de
             Praeb
             .
             c.
             Extirp
             .
          
           
             Extr.
             de
             Monachis
             ,
             ubi
             supra
             .
          
           
             Ext.
             de
             Supplend
             .
             Neglig
             .
             Prael
             .
             Sicut
             nobis
             .
          
           
             Rolls
             ,
             2.
             337.
             
          
           
             Pro.
             Const.
             de
             Offic.
             Vic.
             c.
             quoniam
             .
          
           
             Of
             Tithes
             ,
             p.
             153.
             
          
           
             Miscel
             Parl.
             183.
             
          
           
             Birchington
             ,
             l.
             42.
             
          
           
             Lyndw.
             f.
             32.
             
             Sacerdos
             Parochialis
             
               opposed
               to
            
             Beneficiatus
             .
          
           
             Lyndw.
             f.
             1
             
          
           
             Petr.
             Cluniac
             .
             Ep.
             l.
             1.
             21.
             
          
           
             D.
             55.
             c.
             1.
             
             C.
             16.
             
             Q.
             1.
             c.
             4
             ,
             5
             ,
             6
             ,
             8
             ,
             10
             ,
             11.
             
          
           
             Mon.
             I.
             699.
             
          
           
             Rolls
             ,
             R.
             2.
             480.
             
          
           
             Mon.
             I.
             736.
             
          
           
             Rolls
             ,
             R.
             2.
             99.
             
             Cr.
             2.
             518.
             
          
           
             Yelv.
             86.
             
          
           
             Hardr.
             328.
             
          
           
             Cr.
             El.
             633.
             
          
           
             Bulstr.
             2.
             27.
             
          
           
             Palmer
             ,
             219.
             
             Cr.
             ●ac
             .
             516.
             
          
           
             Cr.
             Eliz.
             467.
             
          
           
             Moor
             ,
             909.
             
          
           
             Hutton
             ,
             78.
             
          
           
             Owen
             ,
             74
             ,
          
           
             Cr.
             Car.
             28.
             
          
           
             Hutton
             ▪
             78.
             
          
           
             Rolls
             ,
             A.
             2.
             331.
             
          
           
             Littleton
             ,
             244.
             
          
           
             Hetley
             ,
             135.
             
          
           
             Mon.
             II.
             604
             
          
           
             2
             Inst.
             653.
             
          
           
             Rot.
             Parl.
             2
             H.
             4.
             41.
             
          
           
             Mon.
             II.
             511.
             
          
           
             Cr.
             2.
             578.
             
          
           
             Palm
             .
             222.
             
             Walsingh
             .
             1325.
             
          
           
             Cr.
             2.
             517.
             
             Pal.
             222.
             
          
           
             Extr.
             de
             De●imis
             .
             c.
             10.
             
          
           
             2
             Inst.
             652.
             
          
           
             Popham
             ▪
             ●56
             .
          
           
             Innocent
             .
             3.
             
             Epist.
             l.
             1.
             
             Ep.
             331.
             
          
           
             Coke
             R.
             2.
             47.
             
          
           
             Moor
             ,
             420.
             
          
           
             Cr.
             Car.
             424.
             
          
           
             Cr.
             2.
             58.
             
          
           
             Moor
             ,
             913.
             
          
           
             Iones
             ,
             186
             
          
           
             Bridgm.
             33.
             
          
           
             Latch
             .
             89.
             
          
           
             Rolls
             .
             R.
             2.
             40
             ▪
             
          
           
             Selden
             〈◊〉
             Tithes
             ,
             12
             ▪
             
          
           
             Lynd.
             f.
             101.
             
          
           
             Lynd.
             f.
             97.
             b.
             c.
             Consuc●
             f.
             99.
             
          
           
             Lynd.
             f.
             98.
             
          
           
             Lynd.
             f.
             97.
             b.
             
          
           
             Selden
             of
             Tithes
             ,
             p.
             409.
             
          
           
             Coke
             R.
             2.
             44.
             
          
           
             Cr.
             2.
             47.
             
          
           
             Rolls
             ,
             653.
             
          
           
             Moor
             ,
             531
             ,
             425.
             
          
           
             Hob.
             297.
             
          
           
             Cr.
             El.
             599.
             
          
           
             2
             R.
             45.
             
          
           
             Hob.
             300.
             
          
           
             Moor
             ,
             483.
             
          
           
             Moor
             ,
             278.
             
          
           
             Seld.
             p.
             398.
             
          
           
             P.
             285.
             
          
           
             Select
             Cases
             ,
             43.
             
          
           
             Registr
             .
             38.
             b.
             
          
           
             2
             Inst.
             490.
             
          
           
             Bulst
             .
             2.
             238.
             
          
           
             March
             ,
             87.
             
          
           
             Hob.
             176.
             
          
           
             Yelv.
             94
             ,
             95.
             
          
           
             2
             Inst.
             653.
             
          
           
             Select
             Cases
             ,
             40.
             
          
           
             2
             Inst.
             655.
             
          
           
             Loon.
             1.
             151.
             
          
           
             Parson's
             Coun.
             
          
           
             Part.
             2.
             c.
             20.
             
          
           
             Hob.
             107.
             
          
           
             Rolls
             ,
             647.
             
          
           
             Rolls
             ,
             649.
             
          
           
             Cr.
             El.
             276.
             
          
           
             March
             ,
             65.
             
          
           
             Cr.
             Eliz.
             786.
             
          
           
             C.
             Select
             Cases
             ,
             45.
             
          
           
             Bulst
             .
             2.
             238.
             
          
           
             Hob.
             40.
             
          
           
             Moor
             ,
             47.
             
          
           
             420.
             
          
           
             C.
             R.
             2.
             47.
             
          
           
             Moor
             ,
             533.
             
          
           
             Mob
             .
             298.
             
          
           
             11
             R.
             14.
             
          
        
         
           Notes for div A61555-e33720
           
             1
             Inst.
             11.
             b.
             115.
             b.
             344.
             
          
           
             Preface
             to
             4
             R.
             
          
           
             Sir
             
               Iohn
               Davis
            
             Pref.
             
          
           
             Hales
             History
             and
             Analysis
             of
             the
             Law
             ,
             MS.
             
          
           
             1
             Inst.
             110.
             b.
             
          
           
             1
             Inst.
             114.
             b.
             
          
           
             
               Grot.
               de
            
             J.
             B.
             &
             P.
             l.
             2.
             c.
             4.
             
             Sect.
             1.
             
          
           
             Bract.
             l.
             1.
             c.
             3.
             
          
           
             L.
             2.
             c.
             22.
             n.
             1.
             
          
           
             L.
             4.
             c.
             17.
             n.
             5.
             c.
             40.
             
          
           
             Littl.
             Ten.
             Sect.
             170.
             
          
           
             Glanv
             .
             Prol.
             
          
           
             Dr.
             and
             St.
             c.
             7.
             
          
           
             Spel.
             Con.
             I.
             p.
             153.
             
          
           
             Rolls
             ,
             2.
             322.
             
          
           
             Bulst
             .
             3.
             176.
             
          
           
             Brownl
             .
             1.
             43.
             
          
           
             Keble
             ,
             3.
             91.
             
          
           
             Panor
             .
             in
             c.
             
               Cum
               olim
            
             .
          
           
             Moor
             ,
             R.
             783.
             
          
           
             1
             Inst.
             〈◊〉
             .
          
           
             Ventris
             ,
             II.
             189.
             269.
             
          
           
             Godol
             .
             61
             ,
             65.
             
          
           
             Rolls
             R.
             2.
             150.
             
          
           
             443.
             
          
           
             De
             Offic.
             Archdiac
             .
          
           
             Gloss.
             in
             Const.
             Oth.
             p.
             27.
             
          
           
             Ventris
             ,
             II.
             269.
             
          
           
             4
             Inst.
             339.
             
          
           
             3
             R.
             75.
             
          
           
             〈…〉
             .
             I.
             140.
             
          
           
             〈◊〉
             .
             A.
             969.
             
          
           
             Anderson
             ,
             II.
             120.
             
          
           
             1
             Inst.
             102.
             b.
             
          
           
             3
             R.
             75.
             
          
           
             Palmer
             ,
             501.
             
          
           
             Iones
             ,
             168.
             
          
           
             Quo
             Warranto
             ,
             14.
             
          
           
             〈…〉
             
          
           
             Sect.
             645.
             
          
           
             Sect.
             413.
             
          
           
             Selden
             of
             Tithes
             ,
             p.
             413.
             
          
           
             ●ordenave
             ,
             f.
             69.
             
          
           
             1
             Inst.
             344.
             
          
           
             C.
             12.
             8.
             
          
           
             1
             Inst.
             11.
             4
             
             Inst.
             321.
             
             Prooem
             .
             to
             4
             Inst.
             
          
           
             1
             Inst.
             96.
             
          
           
             Stat.
             de
             Merton
             .
             c.
             9.
             
          
           
             Glanvil
             .
             l.
             7.
             
             ●
             .
             15.
             
          
           
             Stat.
             de
             Bigamis
             .
             c.
             5.
             
          
           
             Popham
             ,
             157.
             
          
           
             Spel.
             Conc●
             2.
             342.
             
          
           
             De
             Eili●●
             Presbyt
             .
             cum
             à
             jure
             sit
             inhibit
             .
             Lyndw.
             f.
             32.
             
          
           
             Latch
             .
             191.
             
          
           
             Popham
             ,
             157.
             
          
           
             Leon.
             I.
             156.
             
             
               Hugh's
               Pars.
               Law
            
             ,
             c.
             12.
             
             Lyndw.
             f.
             119.
             
             Leon.
             I.
             39.
             
          
           
             6
             R.
             61.
             
          
           
             Rolls
             A.
             ●
             363.
             
          
           
             Reg.
             42.
             b.
             
          
           
             2
             Inst.
             361.
             
          
           
             Spel.
             Concil
             .
             II.
             329.
             
          
           
             Iones
             ,
             160.
             
          
           
             Latch
             .
             234.
             
          
           
             Plamer
             ,
             458.
             
          
           
             469.
             
          
           
             Vaugh.
             21.
             
          
           
             132.
             
          
           
             327.
             
          
           
             Vaugh.
             327.
             
          
           
             Bagshaw's
             Arg.
             about
             the
             Canons
             ,
             p.
             10.
             
          
           
             4
             Inst.
             323.
             
          
           
             Annal.
             Bur●on
             ,
             356.
             
          
           
             13
             Car.
             2.
             c.
             12.
             
          
           
             Eadmer
             .
             Hist.
             p.
             6.
             
          
           
             Hoveden
             ,
             p.
             806.
             
          
           
             ●pel
             .
             II.
             123.
             
          
           
             Ventris
             Rep.
             II.
             42.
             
          
           
             Gers●●
             de
             Vit.
             Spirit
             .
             Lect.
             4.
             
             Cor.
             13.
             
          
           
             Cajet
             .
             Sum.
             in
             Verb.
             
          
           
             So●o
             de
             Iust.
             
               l.
               1.
               
               Q.
            
             7.
             
          
           
             Art.
             2.
             ad
             2.
             
          
           
             Sayr
             .
             Clavis
             Reg.
             
               l.
               3.
               c.
            
             〈◊〉
             .
             n.
             12.
             
          
           
             Caj
             .
             ad
             1.
             2.
             
          
           
             Q.
             97.
             
             Art.
             3.
             
          
           
             Suar.
             de
             Leg.
             
               l.
               4.
               c.
               16.
               n.
            
             9.
             
          
           
             Roch.
             Curt.
             de
             Statut.
             
          
           
             Sect.
             2.
             n.
             20
             ,
             34.
             
          
           
             Sect.
             7.
             n.
             5
             ,
             11
             ,
             12
             ,
             13.
             
          
           
             Soto
             ,
             l.
             1.
             
             Q.
             7.
             
             Art.
             2.
             
          
           
             Suarez
             ,
             de
             LL.
             
               l.
               7.
               c.
            
             15.
             10
             ,
             11.
             
          
           
             Origen
             .
             in
             Numer
             .
             Hom.
             5.
             
          
           
             Clem.
             Alex.
             Str.
             l.
             7.
             
          
           
             Tertul.
             Apol.
             c.
             16.
             
          
           
             Basil.
             de
             Sp.
             Sancto
             c.
             27.
             
          
           
             2
             Chron.
             29.
             25.
             
          
           
             Bell.
             de
             R.
             D.
             
               l.
               14.
               c.
            
             18.
             
          
           
             
               De
               Vit.
               Spir.
            
             Lect.
             4.
             
             Cor.
             1.
             
          
           
             Coroll
             .
             6.
             
          
           
             Cajet
             .
             Sum.
             6.
             
             Contempt
             .
             &c.
             Clerico●
             rum
             .
          
           
             Can.
             Apost
             .
             54.
             
          
           
             Laodicea
             ,
             24.
             
             In
             Trullo
             ,
             9.
             
             Carthag
             .
             43.
             
             Dist.
             44.
             2
             ,
             3
             ,
             4.
             
             Aquisgr
             .
             c.
             14.
             
             Francf
             .
             c.
             19.
             
             Aquisgr
             .
             2.
             c.
             60.
             
             Extr.
             de
             Vit.
             &
             Honest.
             Cleric
             .
             c.
             15.
             
             Conc.
             West●●●n
             .
             c.
             2.
             
             Spelm.
             II.
             192.
             
             Lynd.
             
               l.
               3.
               c.
            
             1.
             
          
           
             Concil
             .
             Illiber
             .
             Can.
             79.
             
          
           
             Cicero
             Phil.
             3.
             
             Ovid
             de
             A.
             A.
             l.
             3.
             
          
           
             Suet.
             in
             Aug
             ▪
             c.
             71.
             
          
           
             Hostiens
             .
             Sum.
             D.
             5.
             de
             Excess
             .
             Praelat
             .
          
           
             D.
             de
             Aleat
             .
             l.
             2.
             
          
           
             Cujac
             .
             Observ.
             
               l.
               9.
               c.
            
             28.
             
          
           
             C.
             de
             Episcop
             .
             Audient
             .
          
           
             Caj
             .
             &
             Prae●ept
             .
          
           
             
               Navar.
               Man.
            
             c.
             23.
             n.
             50
             ,
             &c.
             
          
           
             Suarez
             de
             LL.
             
               l.
               4.
               c.
            
             18.
             
          
           
             
               Tolet.
               Sum●●
            
             l.
             8.
             c.
             19.
             n.
             3.