\ 1 V T H F BISHOP O F WO RGESTE R' S CHARGE To the C L E R G Y OF HIS D I O C E S E IN HIS ^tmatp Btfttatton, BEGUN At W O R/C ESTER, Sept. I I. l6*0O. LONDON, Printed for Henry Mortlock, and are to be fold by Samp/on Evans, Bookfeller in Worcefter. MDCXCI. To the Reverend C L E R G Y Of the DIOCESE of WORCESTER- My BRETHREN, W Hat I lately delivered among you in the federal T laces of my Vijita** tion, and what IhaTpefince thought fit in fome particulars to add, I have here put together, and fent it to you, that it wight re- main with you, not only as an In/lance of my Duty, hut as a Monitor of your own. And I may reafpnably. hope, as well as de fire, that the frequent Reading and Confidering the Things I here recommend to you, will ma^e a deeper Im-> preffion on your Mmds, than a mere tranfient T>ifcourfe ; Ttifcourfe $ for I know nothing * will mere effeBually preferve the Honor and- Interefl of the Church ^England, than a diligent and confeientious T>ifcharge of the Duties of our fever -al Tlaces. In this time of general Liberty, our Adtierfarks, of all kinds, thinly themf elves let loofe upon us ; and therefore -we have the more reafon to lool^ to our febes, and to the Flock committed to our Charge. %t, I do not quejlion, but through the (food- nefs of Cjod, and the ferious and "vigorous Application of our Minds to the great 'Buji* nefs of our High and Holy Calling, that Church 'which we fo juflly yalue, mil efcape^ fining in the Qjaick-Sands, as it hath hi^ t her to, being da/bed againfl the liocfy. If we behaye our J elves with that 'Prudence and Zeal and CircumfpeBion which becomes us, I hope the Inclinations of the People will ne- yer be made ufe of as an ^Argument againfl us. For, although in a Corrupt Age, that be one of the weakefl Arguments in the World Qif it be true") and only /hews the Treya- lency of Folly and Fadlion ; %t there is is no fab- Way to prevent the fpreading of both, as our conflant Carj to inflruB our Teo- fie in the main Duties of Religion, and going before them in the Ways of Holynefs and Teace^. In the following Vifcourfe, I have firfl endeavoured to Affert and Vindicate the Au~ thority of Bilhops in the Chriflian Church ; and in as few Words, and with as much Qearnefs as I could, I have proved their Afoflolical Inflitution. $And the fudgment and TraBice of the Vniverfal Qourch from the Apojlles Times, mil prevail with all un- byas'd Terfons above any modern violent In- clinations to the contrary. In the next place I have recommended to you fuch things, which I am fure are much for the Qhurches Service and Honour, as well as our own, and therefore, 1 hope you will the more regard thern^. In the lafk place, I have made it my T)e- fign to clear fever al Tarts of the Eccle- fiaftical Law, which concerns Church-Men, and have /hewed the Stature, Force, and Extent of it 5 and how agreeable it is to the the Common Law of England/ In thefe things^ my aim was £o da fomething towards the (food of this Church, . and particularly of this Diocefe, And that the (flory of Qod, the Sahation of Souls, and Holinefs and Teace may be 'Promoted therein, is the^j hearty Trayer of wftminji: Your Affe&ioriatc Brother, Jan, aj. * and Fellow-Servant to Our Common Lord, ED. Wigorm O) My Brethren, >■ ML m *^HIS being my Primary Vtfttation, I thought it fitting to acquaint my (elf with the Ancient as well as Modern •*~ Practice of Epifcopal Vijitations, and as near as I could , to obferve the Rules prefcribed therein, with relpecT: 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 fiijbop himfelf, and was called Admonitio Epifcopi , or Jllocutio ; wherein Rtgim. i. u he informed them of their Duty, and exhorted them %£»'. condi. to perform it. p * 19 * The Enquiry was made according to certain Arti- cles drawn out of the Canons, which were generally the fame ,• according to which the Juratores Synodt (as Repm coiicX. the antient Canontfls call them,- or Tejles Synodales) pTic\! b ' z ' were to give in their Anfwers upon Oath ; which was Burchrd - f u _ O J L a 091,92- therefore called Juramentum SynodM ; for the 'Bifhops &<***» 35. Vifitatton was accounted an EpiJ copal Synod. The former of thefe is my prefent bufinefs,* and I (hall take leave to fpeak my mind freely to you, this firft time , concerning feveral things which I think mod ufeful, and fit to be confidered and practifed by the Clergy of this Viocefs. For,fince it hath pleafed God,by his wife and over- ruling Providence, (without my feeking) to bring mc B into ( 1 ) into this ftation in his Church, I fliall cfteem it the bed Circumftance of my prefent Condition, if he pleafe to make me an Inftrument ofdobjggood among you. To this End, I thought it necellary in the firjl place, mod humbly to implorefhis Divine Affiftance, that I might both rightly understand, and confcienti^ oufly perform that great Duty which is incumbent upon me ; for without his help, all our Thoughts are vain, and our beft Purpofes will be ineffectual. But God is not wanting to thofe who fincerely endeavour to know, and to do their Duty ,• and therefore in the next place, 1 fet my felf (as far as my Health and other Occafions would permit) to confider the Nature and Extent of my Duty j with a Refolution not to bedif- couraged, altho I met with Difficulties in the perfor- mance of it. For fuch is the State and Condition of the World, That no Man can defign'to do good in it ; but when that croiTes the particular Interefis and In- clinations of others, he muft expect to meet with as much Trouble as their unquiet Paffions can give him. If we therefore confulted nothing but our own Eafe, the only way were to let People follow their Humours and Inclinations, and to be as little con- cerned as might be, at what they either lay or do. For if we go about to rowze and awaken them, and much more to reprove and reform them, we fliall foon find them unealie and impatient ,- for few love to hear of their Faults, and fewer to amend them. But it is the peculiar honour of the Chriflian iefs, to fee Good and Evil before the People committed to their Charge ; to inform them of their Duties, to reprove them for their Mifcarriages ; and that, not in order to their Shame, but their Reformation : Which requires nor only Zeal, but Dijcretion, and a great mixture of Cou- rage m&Trudencej\ut we may neither fail in doing our Duty, nor in the bed means of attaining the end of it. If we could reafonably fuppofe, that all thofe who are bound to tell others their Duties, would certainly do their own, there would be lefs need of any fuch Office in the Church as that o£'Bifl?ops •, who are to in- fpect, and govern, and vilit, and reform thofe who are to watch over others. But iince there may be too great failings even in thefe;too great neglect in fome, and diforder in others; too great pronenefs to Faction and Schifm, and impatience of Contradiction from mere Equals ,- therefore S.Jerom himfelf grants, That to avoid thefe mifchiefs, there was a neceflicy of a Su- perior Order to Presbyters in the Church of God - y ad quern meron com. omnis EcclefaCura pertmeret, & Schifmatum jeminatolk-™*; adTl ' rentur; as he fpeaks, even where he Teems mod to lef- ^\ ad fen the Authority of Bifhops. But whatever fome ex- pressions of his may be, (when the (Bifrop of Jerufakm and thc^oman Deacons came into his head)his Reafons are very much for the Advantage of Epifcopal Go vernment.For can any Man lay more in point of Rea- fon for it, than that nothing but Fatlion and Dijorder fol- lowed the Government of Presbyters , and therefore the whole Chrijiian Church agreed in the neceffity of a higher Order^and that tlxTeaw and Safety of the Church depends upon it-, that f^' ud ^" B 2 tf (4) if it be taken away, nothing but Schifms and confufions will follow. I wifli thofe who magnifle S. Jeroms Authority in this matter, would fubmit to his <%eafon and Autho- rity both, as to the Neceffity and Ufefulnefs of the Order of Bijbops in the Church. iiier. inPftL But beyond this, in feveral Places, he makes the Ad^fck tofet in order the things that are wanting, and to ordain Elders in every City, as he had appointed him ; yet we are not to fuppofe, that this Power extended not to a JuriJdiSiion over them when he had ordained them. For if any of thofe whom he Ordained (as believing them qualified according to the Apoflles Rules) fhould afterwards demean themfelves otherwife ; and be felf willed, frownrd, given to Wine, Brawlers, Covetous, or any way fcandalous to the Church, can we believe that Titus was not as weU bound to correct them af terwards, as to examine them before ? And what was this Power otOrdination and Jurifditlion, but the very fame which the Biftwps have exercifed ever fince the Apoftles Times? But they who go about to Unbifhop Timothy and Titus, may as well Unfcripture the Epiftles that were written to them ; and make them only ibme particular and occasional Writings , as they make Timothy and Titus to have been only fome particular and occafional Officers. But tte Chriftian Church prefer- vingthefe Epiftles, as of conftant and perpetual Ufe, did thereby fuppofe the fame kind of Office to con- tinue, for the fake whereof thofe excellent Epiftles were written : And we have no greater AiTurance that thefe Epiftles were written by St. and the Seven Sacraments. This was te- CoKil M Ue newed in the Province of 7br^,(which had diftincl: Pro- * voi: p. 700- VincialConftitutions) in the time of Edw. 4. And here 7 ° 7 ' was all they were bound to by thefe Conftitutions. But when Widijfmd his followers had awakened the People fo far, that there was no fatisfying them without Preaching, then a new Provincial Conftitution emit. Anglic. was made under Arundel, Archbifnop of Canterbury ; Hftit?' 649# and the former Conftitution was reftrained to Parochial %?£'*' Priefts who officiated as Curates ; but feveral others were Authorifed to Preach ,• as (1.) The Mendicant Friars were faid to be authorifed Jure Communi ; or ra- ther Privdegio fpeciali, (but therefore Lynwood faith, Ljnd*.t. 155. it is faid to be Jure communi, becaufe that Privilege is recorded in the Text of the Canon Law) thefe were not only allowed to Preach in their own Churches, but in Placets publtcis faith Lyndwood out of the Canon Law c . Dudum. (wherein thofe words were expre(Ted),and at any hour, ^;£ Se ' unlefs it were the time of preaching in other Churches; .but other Orders, as Auguftimans and Carmelites, had no fuch general Licenfe. Thofe Preaching Friars were a fort of Licenfed Preachers at that time, who had no Cures of Souls,- but they were then accounted a kind of Paftors. For Jo. de Athon diflinguiflieth two forts j ,deMon. oiPaftors ,• Thofe who had Ecclefiaftical Offices, and %jjfff' € thofe who had none, but were fuch only Verbo 7) them, it is by plain and evident Proofs of the Good and Evil of Moral Anions. For, as long as they think them indifferent, they will never regard what you fay, as ta the Rewards or Punifhments of them. l. Stupid and fenflefs People, whofe Minds are wholly funk into the Affairs of the World, buying and felling, and getting gain. It is a very hard thing to get a thought into them above thefe Matters. And what- ever you talk of mere Religion, and another Life, is like Metapkyjicks 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 (hall certainly fuffer for,, if they do not Repent, they may poffibly be awakened this way; if not, nothing but immediate Grace can work upon them j which mud work on the Will, whatever be- comes of the Underftanding. III. After preaching,let meintreat you to look after Catechifing and inftructing the Youth of your Parifhes. He that would Reform the World to purpofe, muft begin with the Youth ; and train them up betimes, in the Ways of Religion and Virtue. There is far lefs probability of prevailing on thole who have ac- cuftomed themfelves to vicious Habits, and are har- dened in their Wickednefs. It feems ftrange to fome, that coniidering the (hortnefs of Human Life, Man- kind fhould be fo long before they come to Ma- turity i the bed Account I know of it is, that there is fo much longer time for the Care of their Education, to inftil the Principles of Virtue and Religion into them, thereby to foften the Fiercenefs, to direct the D Weaknefs, ( 18 ) Weaknefs, to govern the Inclinations of Mankind. It is truly a fad Confideration that Chriftian Parents are fo little fenfible of their Duties ,as to the Education of their Children ; when thofe who have had only Natural Realbn to* direct them, have laid fo much Weight . upon it. Without it, Tlato faith, that Mankind grew the moji unruly of all Creatures. Ariftotle, that as by Nature they are capable of being the beft,fo being negleSied, they. become the worjl of Animals , i. e. when they are brought i. up without Virtue. Education and Virtue, faith he, is a great things yea, it is all in all, and without it they will be much worfe than Beafts. The main Care of the Education of Children mifft lie upon Parents ; but yet Minifters ought not only to put them in mind oi their Duty, but to affift them all ihey can, and by publick Cate- chifing, frequently to inftruct both thofe who have not learned, and thole who are afhamed to learn any other way. And you mud ufe the beft means you can to bring them into an Efteem of it ; which is by letting them fee, that you do it, not merely becaufe you are required to do it, but becaufe it is a thing fo ufeful 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 (pbrajes, about Reli- gious Matters, and underftanding the true Grounds of Religion ; which are eafiefl: learned, and underftood, and remembered in the fhort Catechetical Way. But I am truly forry to hear , that where the Clergy are willing to take pains this way, the People are unwil- ling to fend their Children. They would not be un- willing to hear them inftructed, as early as might be, in C 19 ) in the way- to get an Eftate, but would be very thank- ful to thofe who would do them fuch a kindnefs ; and therefore it is really a Contempt of God and Religion , and another World, which makes them fo backward to have their Children taught the way to it. And methinks thole who have any Zeal for the Reformation mould love and purfue that which came into Reque/l with it. Indeed ' the Church of(2fyme it lei f hath been made fbfenilbleof the Neceffity of it; that even the Council of Trent stf.14.JeHc- doth not only require Catechifing Children, but the and the Parents were to be forbidden to enter into the Church, if they neglected ic for a Tear after the Birth of the Child , if they had opportunity. The Synod of Exeter allowed two Years i and then if they were not Confirmed, the Parents were toFafi every Friday, with Bread and Water, till it were done. And to the fame purpofe, the Synod of Winchefter m^ 440j the time of Edw. I. in the Conjlitutions of Richard Bi- s (hop of Sarum, two Years were allowed , but that Time was afterwards thought too long 5 and then the p. H3 . Prieft as well as the Parents was to be fufpended 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 Unclion, and the taking them off at the Font, and burning them, left they JJ?ould be ufedfor Witchcraft , as Lyndwood Lynd». /: i 9 informs us. But we have no fuch Cuftoms nor any of the Reformed Churches ; We depend, not upon the Opus operatum, but fuppofe a due and ferious Prepa- ration of Mind necefTary, and a folemn Performance of it. I hope, by God's Afliftance, to be able, in time, to bring the Performance of this Office into a better Method ,• in the mean time, I fhall not fajl doing my Duty, have you a care you do not fail in yours. V. As to the tPublick Offices of the ' Church, I do not only recommend to you a due Care of the Dili- gent but of the Devout Performance of them. I have often wondered how a fixed and ftated Liturgy for general Uie, ihould become a matter of Scruple and Difpute (-.**>■ Difpute among any in a Chriftian Church ; unlefs there be fomething in Chriftianity which makes it un- lawful to pray together for things which we all un- derftand beforehand to be the Subject of our Prayers. If our common Neceflities and Duties are the fame; if we have the fame Blefiings to pray and to thank God for in our folemn Devotions, why fhould any think it unlawful or unfitting to ufe the fame Expref- iions i Is God pleafed with the Change of our Words and Phraies ? Can we imagin the Holy Spirit is gi- ven to dictate new Expreflions in Prayers ? Then they muft pray by immediate Infpiration (which I think they will not pretend to, left all the Miftakes and Incongruities of fuch Prayers be imputed to the Holy Ghoft), but if not, then they are left to their own Conceptions, and the Spirits Afliftance is only in the Exciting the Affections and Motions of the Soul to- wards the things prayed for ; and if this be allowed, it is impofiible to give a Reafon why the Spirit of God may not as .well excite thofe inward Defires, when the Words ate the fame as when they are different. And we are certain, that from the Apoftles times down- wards, no one Church or Society of Chriftians can be produced, who held it unlawful to pray by a fet Form. On the other fide, we have very early Proofs of fome common Forms of Prayer, which were generally ufed m the Chriftian Churches, and were the Foundations of thofe Ancient Liturgies, ■ which, by degrees were much enlarged. And the Interpolations of latter times, do no more overthrow the Antiquity of the Ground- work of them, than the large Additions to a Building,- C *? ) Building, do prove there was no Houfe before. Ie is an eaiie matter to fay that fuch Liturgies couid not be S.James's or S. Marks, becaufe of fuch Errors and Miftakes, and Interpolations of things and Phrafes of latter times ; but what then? Is this an Argument; there were no Ancient Liturgies in the Churches of Jerufalem or Alexandria ; when fo long fince, as in Origeris time we find an entire Collect produced by him orig. inGer. out of the Alexandrian Liturgy ? and the like may be SE^'i 1 fhewed as to other Churches, which by degrees came to have their Liturgies much enlarged by the Devout Prayers of fome extraordinary Men, fuch as 5. OBaftl and S. Chrjfoftom in the Eaftern Churches. But my defign is not to vindicate our ufe of an ex- cellent Liturgy, but to put you upon the ufing it in fuch manner, as may mod recommend it to the People. I mean with that Gravity, Serioufnefs, Attention, and Devotion, which becomes fb fblemn a Duty as Prayer to God is. It will give too juft a caufe of Prejudice to our Prayers, if the People obferve you to be carelefs and negligent about them ; or to run them over with fo great hafte, as if you minded nothing i'o much as to get to the end of them. If you mind them fo little your felves, they will think themfelves excufed, if they mind them lefs. I could heartily wifh, that in greater places., efpecially in fuch Towns where there are Peo- ple more at liberty, the conftant Morning and Even- ing Prayers were duly and devoutly read ; as it is al- ready done with good Succefs in London, and fome other Cities. By this means Religion will gain ground, when the publick Offices are daily performed ; and the. People ( H) "People will be more acquainted with Scripture, in hearing the Leflbns, and have a better eftecm of the Prayers, when they become their daily Service, which they offer up to God as their Morning and Evening Sacrifice ; and the defign of our Church will be beft anfvvered, which appoints the Order for Morning and Evening'Trayer daily to be /aid, and ufed throughout the Year. VI. As to the Di/Jenters from the Church; the prefent Circumftances of our Affairs require a more than ordinary (prudence in your Behaviour towards them. It is to no purpofe to provoke or exafperate them, fince they will be butfo much more your Ene- mies for it ; and if you (eem to court them loo much, they will interpret your Kindnefs to be a liking their Way better than your own j fo that were it not for fome worldly Intereft, you would bejuft what they are ,• which is in effecl: to fay, you would be Men of Confcience, if ye had a little more Honefty. For they can never think thofe honeft Men, who comply with things againft their Confciences, only for their tempo- ral Advantage; but they may like them as Men of a Party, who under fome ipecious Colours promote their Intereft. For my own part 5 as I do fincerely value and efteem the Church of England ( and I hope ever f hall), fo I am not againft fuch a due temper towards them, as is confident with "the pteferving the Confti- tution of our Church. But if any think, under a Pre- tence of Liberty, to undermine and deftroy it, we have reafon to take the beft care we can, in order to its Pre- fervation. I do not mean by oppoiing Law*, or af- fronting Authority, but by countermining them in the beft (15 ) . bed way ; i. e. by outdoing them in thole things which make themPmod Popular, if they are confident with Integrity and a good Confcience. 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 Paflions, but in the MeeknefsofWiJdom-y in a calm and fedate Temper j in doing good even to them who mod defpightfully reproach you, and withdraw thenffelves and the Peo- ple from you. If they get an Intered among them by Indudry, and going from Place to Place, and Family to Family ; I hope you will think it your Duty to con- vert more freely and familiarly with your own People. Be not Strangers, and you will make them Friends. Let them fee by your particular Application to them, that you do not defpife them. For Men love to value thofe who feem to value them 5 and if you once flight them, you run the hazard of making them your Enemies. It is fome Tryal of a Chriftians Pa- tience as well as Humility , to condefcend to the Weak- nefles of others j but where it is our Duty, we mud do it, and that chearfully, in order to the bed End, Ipfe Doing the more good upon them. And all Con- deicenfion and Kindnefs for fuch an End, is true Wif- dom, as well as Humility. I am afraid Didance and too great StirTnefs of Behaviour towards them, have made fome more our Enemies than they would have been. I hope they are now convinced, that the Per- fection which they complained lately fo much of, was carried on by other Men, and for other Dsfigns E than c 2 f Qr ( J ,e y ou $ n t0 be obferved as they are given. I leave it to be confidered, whether all fuch who do C 27 ) do not obferve the Conditions of the Indulgence, -be not as liable to the Law as if they had none. But there is a very profane abufe of this Liberty among fome, as though it were an Indulgence not to ferve God at all. Suckas thefe, as they were never intended by the Law, fo they ought to enjoy no Be- nefit by it. For this were to Countenance Profane- nefs and Irreligion ; which I am afraid will grow too much upon us, unlefs fome effectual Care be taken to fflpprefs it. VII. There is another Duty incumbent upon you, which I muft particularly recommend to your Care, and that is, of Viftting the Sick. I do not mean bare- ly to perform the Office prefcribed, which is of very good ufe, and ought not to be neglected ,• but a par- ticular Application of your felves to the State and Con- dition of the Perfons you vifit. It is no hard matter to run over fome Prayers, and fo take leave j but this doth not come up to the Defign of our Church in that Office : For, after the general Exhortation and Pro- fe/Iion of the Chriftian Faith, our Church requires, that the fick T erf on be moved to make facial Confeffion of his Sim, if he feel his Confcience troubled with any weigh- ty matter ; and then if the fick Terfon humbly and hear- tily dejires it, he is to be abfohed after this manner, Our Lord Jefus Chrift, who hath left Tower in his Church to abfolve all Sinners who truly repent and believe in him, &c. Where the Power of Abfolution is grounded upon the Suppofition of true Faith and Repentance 5 and therefore, when it is faid afterwards, And by his Au- thority committed to me, I abfolve thee from the fame, Sec. E 2 it ( z8.) it mud proceed on the fame fuppofition. For the Church cannot abfolve when God doth not. So that all the real Comfort of the Abfolution depends upon the Satisfaction of the Perfon's Mind, as to the Sincerity of his Repentance and Faith in Chrift. Now here lies the great Difficulty of this Office 5 how to give your felves and the wounded Conicience Satisfaction^ as to the Sincerity of thofe A6ts ; I do not mean as to the Since- rity, of his prefent Thoughts, but as to the Accepta ble- nds of his Faith and Repentance with God in order to Remiffion of Sins. But what if you find the Per- fons fo ignorant, as not to underftand what Faith and Repentance mean ? What if they have led fuch care- lefs and fecure Lives in this World, as hardly ever to have had one ferious Thought of another ? Is no- thing to be done but to come and pray by them, and fo difmifs them into their Eternal State? Is this all the good you can, or are bound to do them? I confefs, it is a very uncomfortable thing to tell Men how they are to begin to live, when they are liker to dye than to live (and the People generally have a ftrange fuperftitious Fear of fending for the Minifter, while there is any hope of Recovery J. But at lafl you are fent for 5 and what a -melancholy Work are you then to go about ? You are, it may be, to make a Man fenfible of his Sins, who never before confider- ed. what they were, or agarnft whom they were com- mitted, or what eternal Mifery he deferves by com- mitting them. But I Will fuppofe the beft I can in this Cafe, vi% That by your warm and ferious Dif- courfe, you throughly awaken the Confcience of a long C 19 ) long and habitual Sinner - y what are you then to do ? Will you prefently apply all the Promifes of Grace and Salvation to one whofe Confcience is awakened only with the Fears of Death, and the Terrors of a Day of Judgment ? This, I confefs, is a hard Cafe ; on the one fide, we muft not dilcourage good Be- ginnings in any ; we muft not caft an awakened Sin- ner into Defpair ,• we muft not limit the infinite Mer- cy of God : But on the other fide, we muft have a great care of encouraging prelumptuous Sinners to put off their Repentance to the laft, becaufe then upon Confeffion of their Sins, they can fo eafily obtain the Churches Abfolution, which goes no farther, than truly Repenting and Believing. But here is the Difficulty, how we can fatisfie our felves that thefe do truly (Repent and 'Believe ; who are out of a Capacity of giving Proof of their Sincerity by Amendment of Life ? I do not queftion the Sincerity of their prefent purpofes ; but how often do we find thofe to come to nothing, when they recover and fall into the for- mer Temptations.? How then fhall they know their own Sincerity till it betryed ? How can it be try ed, when they are going out of the State of Tryal ? The moft we can do, is to encourage them to do the beft they can in their prefent Condition, and to fhew as many of the Fruits of true Repentance as their Circum- ftances will allow j and with the greateft humility of Mind, and moft earneft Supplications to implore the infinke Mercy of God to their Souls. But befides thefe, there are many Cafes of fick Perfons, which re- quire very particular Advice and Spiritual Direction, which ( ?o ) which you ought to be able to give them, and it cannot be done without fome good Meafure of Skill and Ex- perience in Cafuiftical Divinity. As, How to fatisfie a doubting Confcience, as to its own Sincerity, when fo many Infirmities are mixed with our beffc A&ions ? How a Sinner who hath reiapfed after Repentance can be fatisfied of the Truth of his Repentance, when he doth not know, but he may farther relapfe upon frefh Temptations ? How, he fhall know what Failings are confident with the State of Grace, and the Hopes of Heaven, and what not ? What Meafure of Conviction and Power of Refiftance is necef- iary to make Sins to be Wilful and Prefumptuous ? What the juft Meafures of Reftitution are in order to true Repentance, in all i'uch Injuries which are ca- pable of it ? I might name many others, but thefe I on- ly mention to fhew how neceflary it is for you to apply your f elves to Moral and Cafuiftical Divinity , and not to content your felves barely with the knowledg of what is called evil ; and not in walking a? he walked, who frequented the Synagogues, and went about doin? Cor - «• hitherto hindered the Reviving this Primitive Part, of B»d' r m Devotion among us. £*Jjj£ i6 ' I do not go about to determin the Frequency in your Parifhes, which the Scripture doth not as to the Chnftian Church, but fuppoies it to be often done ; F but ( MO but I may require you to take Care, that Chrift's In- ftitution be obferved among you ; and that with your utmoft Care, both as to the Decency and Purity of k. The laft thing I recommend to you all, is, To have a great Care of your Converfations. I do not fpeak it out of a diftruft of you ; I hope you do it already : and your Cafe will be Co much worfe, if you do it not, becaufe you very well know how much you ought to do it. For the Honor of God and Religion, and the Succefs of your Miniftry, 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 rn^ich better hope that they will fol- low you i Cox the People are naturally Spies upon their Mnijkrsy and if they obierve them to mind nothing but the World all the Week, they will not believe them in earneft, when on the Lord's Days they per- fuade them againft it. And it takes off the Weight of all Reproof of other Mens Faults, if thofe they reprove have reafon to believe them guilty of the fame. I do not think it enough for a Treacher of ^ghteoufnefs merely to avoid open and fcandalous Sins, but he. ought to be a great Example to others in the moft excellent Vir- tues which adorn our Profeflion, not only in Tempe- rance and Chaftity, in Juflice and orSnary Charity, but m 2. readinefs to do good to all, in forgiving Injuries^ in loving Enemies, in evenneis of Temper, in Humility and Meeknefs, and Patience, and Submiffion to God's Will, and in frequent Retirements from the World, not merely for Study, but for Devotion. If by thefe and fuch C 55) fiich things you fhine as Lights among your People, they will be more ready to follow your Conduct j and in probability you will not only (lop their Mouths, but gain their Hearts. For among all the Ways of advancing the Credit and Intereft. of the Church of England, one of the mod fuccefsful will be the diligent Labors, and the exemplary Lives of the Clergy in it. But if Men will not regard their own, or the Churches Intereft in this matter; if they will break their Rules in fuch a manner, as to difhonor God, and the Church, and themfelves by it; then you are to confider the next thing I was to (peak to, which is, . II. What Authority is given to us for the punifliing Offenders in our Diocejjes by the Eccleftaftical Law of this Realm. For this we are to confider, that our Autho- rity herein is not derived from any modern Canons or Confiitutions of this Church (altho due Regard ought to be (hewed to them) but from the ancient Common Law Ecclefiaftical in this Realm, which (till continues in force. For as there is a Common Law with refpect to Civil (Rights, which depends not on the Feudal Confii- tutions, altho in many things it be the fame with them i but upon ancient Tratlice, and general Con/ent of the People from Age to Age. So, I fay, there is a Common Law Ecclefiaftical, which altho in many things it may be the fame with the Canon Law, which is read in the Books ; yet it hath not irs force from any Tapal or Le&atine Confiitutions, but from the Acceptance andTratlice of it in our Church. I could eafily (hew (if the time would permit) that Tapal and Legatine Confiitutions were not received here, altho directed hi- F 2 ther; ( *o x H- 6v ther ; that fome Provincial Conftitutions never obtained the Force of Ecclefiaftical Laws j but my bufinefs is to fhew what did obtain and continue ftill to have the force of fuch Ecclefiaftical haws among us. By the Statute of 25 H. 8. c. 19. it is declared, " That fuch Canons, Conftitutions, Ordinances and <£ Synodals Provincial being already made, which be r\ n I_ I W vendum an* ficient Caujes to refuje a 'rrejentee. But by the Ca- G7o$"c7 5 non Law* more are allowed. In the Confiitutions of j£2 & eric Qthobon, the Bifhop is required particularly to enquire c chnjiano/mto the Life and Converfation of him that is pre- sented j and afterwards, that if a Bilhop admits ano- ther who is guilty of the fame Fault for which he ; ^ Jure ^rejected the former, his Inftitution is declared null trm.c. p.^-and void. By the Canon Law, if a Bifhop mali- ce**. c j ou (]y rt £ u fe s to a J m ic a fit Peribn, he is bound to provide another Benefice for him ; but our Ecclefia- ftical Law, much better puts him upon the Proof of the Caule of his Refufal. But if the Bifhop doth tne Canonists % it is a Proof fuf- 4$ w4/;;w^.\ficknt that he did it malitiose. If a Bifhop once re- jects c ?9 ; jeiSts a Man for Infufliciency, he cannot afterwards accept or admit of him j as was adjudged in the Bi- fhop of Hereford 's Cafe. If a Man brings a Pre- Mw as. ei. 3 .- fentation to a Benefice, the Bifhop is not barely to 3 Cr ' 2? * examin him as to Life and Abilities, but he muft be fatisfied that he is in Orders. How can he be fatis- fied, unlefs the other produce them ? How can he pro- duce them, when it may be they are loft?. What is to be done in this Cafe ? The Canon is exprefs, That can. ■&. no Bifhop frail Infiitute any to a Benefice, who hath been . Ordained by any other %fhop ( for it he Ordained him. himfelf, he cannot after reject him, becaufe the Law fuppofes him to have examined and approved him) except he firft [hew unto him his Letters of Orders, and. bring him a fufficient Teftimony of Ins former good Life and Behaviour, if the Bif?op Jball require it, and laftly [hall appear upon due Examination to be worthy of the, Mniftry. But yet in Palmes and the Bifhop of Peter- borough's Cafe, it was adjudged that no Lapfe did, accrue by the Clerk's not (hewing his Orders, for the. Bifliop upon his not coming to him again, Collated, after fix Months. But the Court agreed, that the3Cr. 34 i. Clerk ought to make Proof of his Orders; but they ' *?»*** differed about the manner of their Proof. Anderfon. faid, the Bifhop might give him his Oath. But if a Proof were neceffary, and the Clerk did not come to make Proof, it ieems to. me to. be a very hard Judgment. II. The Bifhop by the Ecclefiaftical Law, is to viilt his Diocefs, and to take an account of the Cler- *#'**/. '• gy how they behave themfelves in. the Duties oftheiriV^'%-- Places. ****s*> places. By the elded Canons lean find, the Biflhops Vifitation is fuppofed as a thing implyed in his Of- fice ; whereby he is obliged to look after the good Eftate of his whole Diocefs, and efpecially of the Clergy, in it. In the time of Hubert Arch-Bifhop of ' *d Canterbury, in the beginning of King Johns time care ° " ,I4 ' is taken in the Canons then made, That %fhops fhould. not be burdenfom to the Clergy in the Number of the Attendants in their Vifitations $» which then were Paro- chial, and the Number allowed of 20 or 2.0 Horfe, was too heavy for the Clergy to bear. And therefore by de- grees it was thought fit to turn that Charge into a Certainty , which was the Original of Procurations. By the Fourth Council of Toledo, the Bifhop was to %.^cJ'm ^^ c n ' s wno ^ e Diocels, Parochially, every Year. ■E'Tmli i.t.7- The Glofs faith, if there were occafion for it; and that the 'Bifhop may vijtt as often as he fees Caufe ; but if he be hindred, the Canon faith, be may fend others (which is the original of the Arch-Deacons Vifitation) to fee not only the Condition of the Churches, but the Lives of the Mi- cor.cH. Braga. n'tflers. The Council ot&rqga in the latter end of the l>ucait l .°' q ' 1 ' Sixth Century, makes this the firft, Canon, That all Bidiops mould viiit their Diocefles by Pariflies, and there ihould firfi: examin 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 fetled by covdi. cabii. Prefcription. The Council of Cavailon in France, a. 0. 14. J. J), x^i. fixed no Sum, but defired the Bifhops to be no Burdens to the Clergy in their Parochial Vi- fitations. Lyndwood faith the Ancient Procuration here was ; C 41 ) was a Day and Nights Entertainment; which after came $f\l' n ^* be a cuftomary Payment : But however it was paid, it is De off do an evident Proof of the Right of the Bifhops Vifitations a Z%V.Pr%' by the ancient Ecclefiaftical Law ,• and by fuch a Cu- curni ' ftom as is allowable by the Rules of our Common Law. III. There are fbme Faults which make the Clergy lyable to Deprivation by Virture of the Ecdefiaftical Law, which was here received. I fhall name only fome of them and conclude ; thefe being fufficient for my prelent purpofe. I. Exce (five Drinking. All drinking (adfotus aut ce JJ et > mt deponatur. The fame was forbidden in the Council at York, in the time /. 122. °f Orchard I. in the Council at London under Hubert^ m the time of King John. And fince the Reforma- tion, the fame Canon is renewed, That no Ecclejiafti- cal (perfons JJ?all at any time otlyer than for their honefl can 78. Neceffitics, re fort to any Taverns or Alehoujes. And there have been Inftances of the Severity of our Ecclefiafti- cal Cenfures againft Drunkennefs in Clergy- men. In 8 Jac. barker was deprived of his Benefice for Brotnnim** Drunkennefs, and moved for a Prohibition, but ic s^f-ti- W as denyed him. In 9 Jac. another was deprived for the fame Fault ; and the Judges at Common Law allowed the Sen- tence to be good. fa* 7o No doubt there are other Inftances, but we had not known of thefe, if they had not been preferved in Books of Reports. II. Incontinency. Lyndwood faith, thofe who are. Lynd*.f.$. proved to be guilty of it, are ipfo Jure privati-, but he i he thinks a Declaratory Sentence of the Ecclefiafticai Judges neceiTary for the Execution of it. Since the Reformation, we have Inftances of Deprivation for 6 - c h- Adultery in our Law Books. One 12 Eli^. another o«w* 87- \6 Eli%. a third 27 Eli%. Thefe are enough to (hew lCr '4'- 78f: that the Ecclefiafticai Law is allowed by the Judges of Common Law, to continue in fufflcient force for Deprivation in this Cafe. III. Simony. Which is the Name given by the Ecclefiafticai Law, to all Contracts for Gain in the difpofing or obtaining any Ecclefiafticai Promotion or Miniftry. It is true, thefe do not come up to the aSZm^ very Sin of Simon Magus , which related to the i^f^JJv* -1 mediate Gifts of the Holy Ghoft; but becaufe the mum Dei whole Ministerial Office in all the Parts of it (efpe- faTZJaH] daily the Cure of Souls) is of a Spiritual Nature ,• and all Bargains are Co repugnant to the Defign of it, therefore the Ecclefiafticai Law hath fixed that dete- ftable Name upon it : For, all contractus non gratuiti in thefe things favour of turpe lucrum, and tend to bring in turpe Commercium into the Church ; which would really overturn the whole Defign of that Mi- niftry, which wasdefigned for the Salvation of Souls, And therefore it was neceiTary, that when Perfons had received (by the Favor of Temporal Princes and other Benefactors, who were Founders of Churches) fuch Endowments as might encourage them in then- Function , that fevere Laws fhould be made againft any fuch fordid and mifchievous Contracts. And fuch there were here in England long before the ex^ cellent Stat, of j 1 Eli^ c. 6. although it feems the * force of them was fo much worn out, as to make G 2 that C 44- ) that Statute necelTary for avoiding of Simony-, which is there explained to be Corruption in beftowing or getting Pojfefjion of Promotions Ecclefiaflical. Coved. Anglic j n a c ounc i[ at London under Lanfranc in the Con- zvol.p. a. jo. , h i • i i queror's time, Stmony was forbidden, under the Name of 'Buying and Selling of Orders. And it could be no- thing elfe before the Churches Revenue was fetled : f- 35 But in the time of Henr. I. Ecclefiaflical Benefices were forbidden to be bought or fold, and it was Deprivation then to any Clergy -Man ib be convitled of it ,• and a Lay Man was to be out- law d and excommunicated, and deprived of Ins Pjght of Patronage. And this was done by a Provincial Synod of that time, *• »°i- In the Reign of Henr. II. it was decreed, that if t52. ' ' any P erf on received any Mony for a Prefentation, he was to be for ever deprived of the Patronage of that Church ; and this was not merely a Provincial Conslitution y but two Kings were prefent {Hen. II. and his Son), and added their Authority to it. This was not depriving Parfons coun a Man of his Freehold by a Canon, as a learned Gentle- fciior, sea. 5- man ca u s j c . f or nere was tRe greatefl Authority, Tem- poral as well as Ecclefiaflical added to it. But we are told, the fe Canons were of as little effetl, as that of Othobon, which made all Simoniacal ContraBs void j but fome of the molt judicious Lawyers have mb. 167. held, that Simony being contratlus ex turpi causa, is void between Parties. All that I aim at is to (hew, that by our old Eccle- fiaflical Law, Simoniacus incurred a Deprivation and Dif ability before the Stat. 3 1 Eli%. and therein I have 1 &//J.237: tne Opinion of a very Learned Judge concurring with me. 4. Dila- C 45 ) IV. Dilapidation*. By which the Ecclejtaftical Law underftands any confiderabfe Impairing the EdijiceSy7oh.de Athon. Woods and (Revenues belonging to Ecclefiaftical Peribns, "Lb!/. |s. i. by Virtue of their Places. For it is the greateft Inte- 35£- u reft and Concernment of the Church to have things prefer ved for the Good of SuccefTors y - and it is a part of common Jujlice and Honefty fo to do. And the Lord Coke pofitively affirms, that Dilapidation is a good II l R '7^ Caufe of Deprivation. And it wasfo reiblved by zhcM>or 9n . ' Judges in the JQngs Bendy \ijac. Not by Virtue Ro/istiS* of any new Law or Statute, but by the old Eccleli- \ 9 ^ l6 - afticai Law. For which Coke refers to the Year-««w*.o^. mon Law of England - y and we are told, that is never ' given to change ; but it may be forced to it by a New Lawy which cannot be pretended in this Cafe. And by the old Conftitutions here received, the Bifhops are required to put the Clergy in mind of keeping their Houfes°^°^fVi^-. in fuffi'cient Reparations , and if they do it not within two Months, the Bifhop is to take care, it be done out of the (profits of the Benefice. By the Injunctions of Ed. Vl. and Queen Elizabeth, all Peribns having Ecclefiaftical Benefices are required to let apart the Fifth of their Revenue to Repair their Houfes ; and afterwards to, maintain them in good condition. V. Pluralities. By the Ecclefiaftical Law, which *™™ c - Con ' was here received, the a ftual receiving Inftitution into a fecond Benefice made the firft void ipfo jure , and if he fought to keep both above a Month, the fecond was void too. Lyndwood obferves, that the Ecclefiaftical Law had varied in this mucer. And it proceeded by c +6 ; vjif'commt ty tne ^ fteps, (which are more than Lyndw. mentions.) " c I. It was abfolutely forbidden to have two Parifties, vmo. ' " if there were more than ten Inhabitants in them, be- caufe no Man could do his Duty in both Places. And if any Bifhop neglected the Execution of it, he was to Condi. Toin. t> e excommunicated for two Months, and to be refto- red only upon Promife to fee this Canon executed. II. The Rule was allowed to hold, as to Cicies, at.**.* i ^ ut an Exception was made as to fmall and remote c Uncus. Places, where there was a greater Scarcity of Perfons to fupply them. r&fent* * 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 Ecclefiaflical Law then in force. ttJ^idem. IV - That if he takes a fecond Benefice, that Infti- e.^4WK««/-tutionisvoid, by the third Council of Lateran, under Alexander III. Ex de pr*b. c. V. ' That by taking a fecond the firft is void ,• which is the famous Canon of the fourth Lateran Council. VI. That if he were not contented with the lafl, but endeavour to keep both, he fhould be deprived of both. And this was the Eccleftajiical Law as it was declared in our Provincial Conflttutions. But the gene- ral Practice was to avoid the former, according to the Lateran Council. Thefe were very (evere Canons, but that one Claufe of the Tope s difpenfing Tower made them to fignifie little, unlefs it were to advance his Power and Revenue. For when the Difpenjing Tower came to be owned, the Law had very little force ; efpecially as to the Confciences of Men. For if it were a Law -of God, how could any man difpenfe with it ? unlefs C47) it were as apparent that he had given a Power in Tome Cafes to Difpoife, as that he had made the Law. Thole Cafuifts are very hard put to ic, who make Re- fidence Jure Divino, and yet lay the Pope may difpenfe with it ,- which at laft comes only to this, that the Pope can authoritatively declare the fufficiency of the Caufe : fo that the whole matter depends upon the Caufe i whether there can be any fufficient to excufe from Perfonal Refidence. It is agreed on all hands, that the habitual Neglect of a Charge we have taken upon our felves, is an evil thing, and that it is fo to heap up Preferments merely for Riches, or Luxury, or Ambition ; but the main Queftion in point of Confcience is, What is a fufficient Caufe to juftific any Man's breaking fo reafonable and juft a Rule as that of Refidence is . It cannot be denied, that the eldeft Canons of the Church werefo ftrict and fevere, that they made it un- lawful for any Man to go from that Church in which he firft received Orders j as well as to take another Be- nefice in it : and Co for any Bifhop to betranflated from that Place he was firft Confecrated 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 Tranjlation, it was by a tacit Confent looked on, as no unjuft violation of its Rules. The Queftion then is, whe- ther the Churches Benefit may not in fome Cafes make the Canons againft Non-Rehdence as Difpenfible, as thofe againft Tranjlauons ? And the Reiolution of it doth not depend upon the voiding the particular Obli, gation of the Incumbent to his Cure 5 but upon fbmc mors. _ (4S ) more general Reafbn with Refpecl: to trie State of the Church 5 as being imployed in the Service of it, which requires a Perfons having (not a bare Competency for Subfiftence, but) a fufficiency to provide NecelTaries for fuch Service : For thofe feem to have very little re- gard to the flourifhing Condition of a Church, who would confine the Sufficiency of a Subfiftence, merely to the NecelTaries of Life. But it feems to be reafon- able 3 that Clergy-Men mould have Incouragement fufficient, not only to keep them above Contempt, but in fome refpecl: agreeable to the more ample Pro- vifion of other Orders of Men. And by God's own Appointment the Tribe of Levi did not fall fliort of any of the reft, if it did not very much exceed the Pro- portion of others. We do not pretend to the Pri- vileges they had, only we obferve from thence, that God himfelf did appoint a plentiful Subfiftence for thofe who attended upon his Service. And I do not know, what there is Levitical or Ceremonial in that. I am fure, the Dutes of the Clergy now require a greater Freedom of Mind from the anxious Cares of the World, than the Imployments of the friefts and Levites under the Law. But we need not go fo far back ; if the Church injoyed all her Revenues as entirely, as when the fevere Canons againft Pluralities were made, there would not be fuch a Plea for them, as there is too much Caufe for in lome Places, from the want of a competent Subfiftence. But fince that time, the Abun- dance of Appropriations (fince turned into Lay-Fees) hath extremely leiTened the Churches Revenues, and have left us a great number of poor Vicarages, and Arbitrary Cures, which would hardly have afforded a Mainte- C 4-9 ) nance for the Netbinims under the Law, who were on- ly to be Hewers of Wood, and Drawers of Water. But this doth not yet clear the Difficulty : For the Queftion is, whether the Subfiftence of the Clergy can lawfully be improved by a Plurality of Livings ? Truly, I think this (if it be allowed in fome Cafes lawful) to be the lean: defirable way of any ; but in fome Circumftances it is much more excufabie than in others. As when the Benefices are mean, when they lie near each other, when great Care is taken to put in fufficient Curates with good Allowance ; when Perfons take all Oppor- tunities to do their Duties themfelves, and do not live at a diftance from their Benefices in an idle and care- lefs manner. But for Men to put in Curates merely to fatisfie 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 juflly bring down the Wrath of God upon us. For the loofeft of all the Popifli Cafuifts, look upon this as a very great Sin, even thole who attributed to the Pope the higheft Diipenimg Power in this Cafe. But when the great Liberty of Ttifpenfing had made the Ecclefiaftical Laws in great meafure ufelefs, then it was thought fit by our Law-makers to Reftrain and Limit it by a Stature made 21 H. VIII. wherein #. is Enacted, i That if any Perfon or Perfons having i one Benefice with Cure of Souls, being of the yearly x value of eight Pounds, or above, accept or take any { other with Cure of Souls, and be inftituted, and in- f! dueled in pofleflion of the fame, that then, and im- 1 mediately after fuch PolTeflion had thereof, the firft J Benefice (hall be adjudged to be void. And ail Li- H cenfes C 50 ) c cenfes and Difpenfations to the contrary, are declared * to be void and of none effect. This, one would have thought had been an effe- ctual Remedy againft all fuch Pluralities and Difpenfa- tions to obtain them ; and this, no doubt, was the Primary Defign of the Law ; but then follow fo ma- ny Provifos or Qualified Men to get Difpenfations, as take off a great deal of the Force and Effect of this Law. But then it ought well to be confider'd, whe- ther fuch a Licenfe being againft the chief Defign of a Law, can fatisfie any Man in point of Confcience, where there is not a juft and lumcient Caufe ? For, if the Topes Difpenfation, with the fuppofed Plenitude of his Power, could not fatisfie a Man s Confcience with- out an antecedent Caufe, as the Cafuifts refolve, much lefs can fuch Provifos do it. \mo. 2 7. °' 3 * It w the general Opinion of Divines and Lawyers, faith Leffius, that no Man is fafe in Confcience by the Popes Di- fpenfation for Pluralities, unlefs there be a juft Caufe for it. xl'/kiit" 1 ' ^° Man can with a fafe Confcience, take a Dijpenfation s/!v. Bsntf A from the Pope for more (Benefices than one, merely for his ttnL-ys®' own Advantage, faith Panormit an ; and from him SyU vefter and Summ. Angelica. Toh-t summa ' A Difpenfation, faith Card. Tolet, fecures a Man as cijmi 5.C82. w t f ?e L aw . y u t as f Q Confcience there mufi be a good, Caufe for it 5 and that is, when the Church hath more benefit by it, than it would have without it. But the Pope s Difpenfing Power went much farther in Point of Conference in their Opinion,than that which is fetled among us by Act of Parliament. For it is ex- preffed in the Stat. 2 1 Hen. VIII. that the Difpenfation is intended to keep Men from incurring the Danger, Pe- nalty, nalty, and Forfeiture in this Statute comprifed. So that the mod qualified Perfon can only fay, that the Law doth not deprive him ; but he can never plead that it can fatisfie him in Point of Confcience, unlefs there be folyie Cauie for it, which is of more moment to the Church , than a Man's fole and conftant Attendance on a particular Cure is. Put this Stat, is more favour- able to the Clergy, than the Canon Law was before, in two Particulars. 1 . In declaring that no Jimple Benefices, or mere Dig- nities, as the Canonijts call them, are comprehended under the Name of Benefices, having Cure of Souls , viz. No. Deanery , Arch-deaconry , Chancellor fhip , Treafitrerfhip , Chanter prip, or Prebend in any Cathedral or Collegiate Churchy nor Parfonagt that hath a Vicar endowed, nor any Benefice perpetually appropriate. But all thefe before were within the reach of the Canon Law, and a Difpeniation was necefTary for them : Which fhews, that this Law had a particular refpecl: to the necefTary Attendance on Paro- chial Cures, and looked on other Dignities and Pre- ferments in the Church, as a fufficient Encouragement to extraordinary Merit. i. That no notice is taken of Livings under the Valu- ation of 8/. which I fuppofe is that of 20 E. 1 . for that of H. 8 was not till five Years after that Stat. But af- ter that Valuation, it was to be judged according to ir, and not according to the real Value, as the Judges de- clared n Car. I. in the Cafe of Drake and Hill Now here was a regard had to thePoorneis of Benefices, fo far , that the Statute doth not deprive the Incumbent upon taking a fecond Living, if che former be under: 8. /. The Queftion that arifes from hence is , Whether iucK , ( 50 fuch Perfons are allowed to enjoy fuch Pluralities by Law, or only left to the Ecclefiaftical Law, as it was be- c 4 75. Hoi- foie ? It is certain, that fuch are not liable t^j the Penalty n ' * Ca - S ' of this Law ; but before any Perfon might be deprived by the Ecclefiaftical Law for taking a fecond Ben&ice without Difpenfation, of what value .foever the for- mer were ; now here comes a Statute , which enacts that all who take a fecond Benefice having one of 8/. without Qualification, (hall lofe his legal Title to the firft j but what if it be under ? Shall he lofe it or not ? Nor, by this Law. But fuppofe the Ecclefiaftical Law before makes him liable to Deprivation ; doth the Sta- tute alter the Law without any Words to that purpofe ? The Bifhop had a Power before to deprive, where is it taken away I The Patron had a Right to prefent upon filch Deprivation ; how comes he to lofe it ? And I take it for granted, that no antecedent Rights are taken away by Implications ,• but there muft be exprefs Clau- fes to that purpofe. So that I conclude the ancient Ec- clefiaftical Law to be ftill in force, where it is not taken away by Statute. And thus my Brethren, I have laid before you the Authority and the tftyles we are to act by ; I have endea- voured to recommend to you, the mod ufeful Parts of your Duty ; and I hope you will not give me occafion to fhew what Power we have by the Ecclefiaftical Law of this Realm to proceed againft Offenders. Nothing will be more uneafie to me, than to be forced to make uk of any Severity againft you. And my Hearts defire is, that we may all fincerely and faithfully difcharge the Duties of our ieveral Places, that the Blefiing of God may be upon us all j 10 that we mzyfave our [elves and thoje committed to our Charge. . FINIS. / *L