THE JUSTICE a F T H E Prefent Eftablifh’d Law, Which gives the SUCCESSOR in any. , Ecclefiaftical Benefice or Promotion, All the Profits from the Day of Avoidance, JUSTIFIED; And a Propofal that hath been offered for making an Al¬ teration in it, in favour of the PREDECESSOR fully Examined, and Ihown to be contrary to Charity, Juftice, the Good of the Church, and Intereft even of thofe Mi- niftersthemfelves, for whofe fake this Alteration is pre¬ tended to be endeavoured. The Praftice of Patrons in taking upon them to difpofe of the Fruits of their Va¬ cant Churches to the Widows or Children of deceafed Minifters, Ihown to be Simoniacal, Sacrilegious, and Oppreffive. And a new Propofal offered, how bell: to provide for the Poor Widows and Children of Clergy¬ men deceafed. q , ; " I LONDON: Printed for Robert Clavel at the Peacock in St. Paul's Church- Yard, MDCCIH. (O S I R., I Have received yours, wherein you defire, that I would concur with you in fetting my Hand to a Petition, in order to procure a Bill to pafs in Parliament, for the altering of the Law, which makes the Avoidance of an Ecclefiaftical Benefice, or Promotion, to be the Term, where the Right of the Predeceffor ends, and that of the SuccefTor begins. And you tell me the reafon, why you and feveral others defire to have this effe&ed, is to do Right to the Predeceffor ; becaufe often Minifters dying before Har- veft, they lofe the whole Profits of the year, and the Suc- ceflors go away with them, who perchance may be but juft come into the Benefice, and therefore cannot lay fo Equitable a Claim to them, as he that hath ferved the Cure the whole year before. And your grand Argument for it is. That often the Predeceffor leaves a Wife and Children in Poverty behind him; for whofeComfort and Support, Charity, as well as Juftice, pleads, that he Ihould have feme fhare of the enfuing Harveft, in proportion to that part of the year, in which he ferved the Cure. But however fond you are of this Projeft, I muft de¬ fire to be excufed from going with you into it. The plau- fible pretence of Charity on the one hand, is not fuflicient with me to over-ballance the mifchiefs which will follow on the other, both in the Injuftice to the Succeffor, and the damage to the Church of God, which will be done thereby, fhould the thing take effeft, as you propofe. But to clear to you the whole State of this matter, I will (hew you, 1. What was the antientUfage in this cafe,, in this Land. 2. How the Law at prefcnt is, and how it B ' came CO it) Extra De Game . to f° eftablifiied 5 And then, 3. Stating the Al- Pecuiio cie- teration, which you would have made herein, I will lay 1 veftizandum" ^ c ^ ore Y ou the Reafons, which I have againft it. eft,&Cunuf- And firft, By the Canon Law the Rule was, that on quifque. De the Death of the Incumbent not ( a) only all the Profits c e quorun- S afterwards accruing or any way arifing out of the Bene- -- thing of the enfuing Profits went to the Executor, but all Mud tempus to the Succellor, as well Tithes as Glebes, without any ad omnia o- Deduftion or Allowances whatfoever, to the Benefit of pg“' s the deceafed 5 excepting only that, if any of the Glebes Qu'ivii in lo- were Town, the Charges, he had been at in the Tilling, co fupracita- Manuring, and Sowing of the fame, were to be again re~ (m)Statuinui5 funded to him. But this muft be underfiood only in Cafe quocunque the SuccefTor were (n) immediately infiituted. For in all quis'toedat' ^hofe Benefices, where the Predecelilbr had none of the frnftus Ter-’ Fruits accruing after his Death, the Biffiop of the Dio- rarmn, quas gr- had ( o) all the Profits during the Vacancy 5 and there- P“rftes' lt fibi"f° re 5 if the Infiitution were deferred till after Harvefi, cadant,’& in that Harvefi as well as all other Profits of the Benefice, during the Vacancy, did all lapfe to the Bi(hop, and he tanm“hoc difpofed of them, as he thought fit. excepto, ut fi This Ufage or Cuftom went no farther than Avoy- Termimim^ dances by Death ; For if the Predecefior (00) did refign liipradiftum his Benefice, or voided it by Ceffion, or was deprived, of it, d' e ’o te ta- on *-' ie very day of the Avoydance, he loll: all further Claim grf™am) * a "to any of the Profits, which (liould afterwards accrue, i ? umptus,quo3 an j t hey all went to the SuccefTor. But if he did refign pSiifinOT-the Benefice, or left it by Ceffion, or were deprived of it riscxcoiendis after Harvefi, he was bound out of the Profits, which he. & feminandis, iplius Execu- toribus ailocentur. VetrusQuivil Epifcopus Exonienfis in loco fupra citato. (u) Succe.ior tamcn defunfti, ti ante tempus Medium fuerit inftitutus, tam fruftus Terrs, quam Decima- rum integre percipiat. Walter® de Cantilupo in loco fiipra citato. ' (o)See the Eremite to the Ail, 28 ti. 8. c. u. (co) Confhetudo providens in cafu mortis.non extenditurad alios cai'us. Liniwooi ibid, ad verb, decelleriut. ( 5 ) had afore received, to provide for the fervingof the Care, paying of thePenfions, and bearing, all other Burdens of the Church till the Lady-day following, fo far, as the Pro¬ fits received after the faid Avoidance did not amount to be fufficient for it. This Ufage or Cuftom was peculiar to this Kingdom, and pra&ifed in it contrary to the Canon Law, and com¬ mon Right, and the ufage of all other Churches. But here it mult be taken notice of, that although I name Lady-day for the time, after which the Minifter might difpofe of the enfuing Profits of his Benefice till the Michaelmas fol¬ lowing, yet in all Dioceffes, this day was not exaftly ob- ferved for the fixed Term, from which the Minifter had a right to this Ufage. For in (p) the Diocefs of Exeter itOOVWeCon- was Midlent-Sunday, in the Diocefs (q) of Winchefier, Maundy Thurfday , and in this Diocefs (r ) of Norwich, fupra iauda- Eafier-day : but the Provincial Conftitution of Archbiftiop Edmund of Abington (which confirm d it to be a Law of^° t0 ‘up* the Church for this Province ) puts it (s) on Lady-day : ufq;ad Medi- But all this comes to the fame pafs; implying, that at this time of the Year, the old Year’s reckoning, for the Profits de fupra m of any Living ended at Eafter, the Offerings then received 1 ) were the firft Profits of the New; and that he, that Jived on his Benefice, till he had entred on the New Year, did»««»», the mm thereby as it were, take Poffeffion of the next half Year’s Profits of it, and might difpofe of them by his Will, as n ica Quadra- he Ihould think fit, and whether this Year was reckoned s e *' m * ( vi ‘ ie to begin at Midlent-Sunday, Lady-day, Maundy Thurfday, '^Junth^e l or Eafler-day makes very little difference in the Matter, a fault tf the But the Provincial Conftitution of Edmund of Abington be- ing the Law, by which the Court of the Arches judged of pees’m with allCaufesof this Nature, which were appealed thither tbeiMe'ofihe c thisSSS this [ante matter, ad mediam Quadragefimam, ttswtll a the other. (f) Epifcopus Wmmievfis in loco fupra laudato. . (V) Conftitutio! Valteri de Suthfeld fupra laudata. ( s ) Li»dmod, De Confuettidine c Nuilus Reflor. (t)26»8. WsS&.S. (<) this Rroh brought all theft Dfeceffes, an which this variety was firft found, to conform thereto, arid make Lady-day to he in them alfo the Term, from whence this Ufage did commence,as well as in the other Dioceffes of the Kingdom. That it was fo in the Piocefs of Norwich, appears by the Wills of many Clergy-men tong before the Reformation, which are {till remaining in our Regiftries,and whoever will examine the Regiftries of other Dioceffes,will moft certain¬ ly find the like Proof of this matter in them alfo. And thus the Law continued till the time of the Refor¬ mation, when it was altered, and fetled, to what it now is on this occafion. In (0 the 2 6th Year of the Reign of King Henry the VHItfc, the Firft-fruits of all Spiritual Be¬ nefices and Promotions, being by Aft of Parliament given the King, two Difficulties did arife in the Executing of the faid Aft, one on the part of the King’s Officers appointed; to receive them, and the other on the part of the In¬ cumbent, who was to pay them. For the Aft, which fettled the faid Firft-fruits on the King, only providing,, that no Incumbent (hould take Poffeffion of, or meddle with the Profits of the Benefice, or other Spiritual Pro¬ motion, till he had compounded with the King for the faid Firft-fruits, the faia Officers, who managed this Branch of the King’s Revenue were uncertain from what time to begin the faidCompofition, it not being declared, and ftated in the faid Aft. And fince, where the Prede- ceffor lived till Lady-day, his Executors had the Profits till the Michaelmas following, and where he died before La- dy-day, or voided the Living afterwards by Refignation, Ceffion, or by being deprived of the fame, the («) Bilhop had the Profits till; the next Inftitution, and often, delayed to give the fame, that he might the longer enjoy the Fruits of the Vacancy, the Clergy thought it a great Hardftiip upon them ( as. well they might) to be made begin their Com- Compofiticms for the faid Firft-fruits of their Livings, be¬ fore the time, when they began to partake of the Profits of them .5 and to. defer it fo long would be a Damage to the King. And therefore to remedy all th efe Difficulties, it was Enafted, Anno Dorn. 1537, in 28/A Year of that King, Chap. 11. that the Year, for which the faid Firib- fruits fhould be paid for any Benefice or other Spiritual Promotion, Ihould begin and be accounted immediately from the Avoidance of the faid Benefice, or Spiritual Pro¬ motion, (w) And that theTithes, Fruits, Oblations , Obven- ( n ) Stat. 2$ turns. Emoluments, Commodities, Advantages, Rents, and H - 8 - u - all other Revenues, Cafualties, or Profits certain, and ttucer- 3 ‘ tain offering, or belonging to any Archdeaconry, Deanry, Pre¬ bend, Parfonage, Vicarage, Hofpital, Wardenjhip, Provojl- Jhip, or other Spiritual Promotion, Benefice, Dignity or Of¬ fice within this Realm, or other the King’s Dominions, grow¬ ing, arifing, or coming, during the time of Vacancy of the fame Promotion Spiritual fbail belong, and affer to fuch Perfon, as fall-be thereunto next prefented, promoted, infiituted, induced' or admitted, and to his Executors towards the Payment of the Firfi-fruits to the King’s Highnefs, his Heirs, and Succef- fors, any Vfage, Cuftom, Liberty, Privilege, or Prefcriptiou • to the contrary had, ufed, or being in any wife notwith- fianding. And by this Aft the whole Benefit, which theMinifter dying after Lady-day had from the following Fruits of the Benefice, or Bilhops from the Vacancy of Livings, accor¬ ding to the former Ufage, being wholly cut off, ever fince that time the whole Right of the Predeceffor to the Profits oi his Benefice, at what time foever he died, end¬ ed at the Avoidance, and the next Incumbent’s Right to the fame hath from thence immediately commenced, at- what time foever afterwards he might be inftituted or admitted into the Benefice. And this doth not only hold in Paro¬ chial. ( 8 ) chial Benefices, but alfo in Deanries, and Prebends, or Canonries; and therefore, if in any Church there be any Cuftom or Ufage ftill continued, that the deceafed (hall have any time in his Deanry, Prebend, or Canonry after hisDeceafe (as in fome there is) it is direftly contrary to this Statute, and cannot hold good in Law. And thus far having ftated, what was the ancient Ufage in this Land for the fettling of the Right between Prede- ceffor and Succeffor in Ecclefiaftical Benefices, and alfo what is the prefent Law concerning it, I now come to confider, what is that Alteration, which you would have; now made herein. From the Law as now eftablifhed, you fay, there fol¬ lows theHardflup, that in cafe a Minifter dies before Har- veft, although he hath performed all the Duties of the Cure for the whole Year paft, helofeth all the Profits of the Benefice, and the next who comes into it enjoys them all, though he hath done none of the Duties to entitle him to them, and therefore for the preventing of this Hardfhip you would have an Aft of Parliament paft to give the Minifter deceafed a Share in the enfuing Harveft, and other Profits of the Living arifing from it after his de- ceafe in Proportion to the time, which he lived in the Cure from the Michaelmas preceding. And for this you plead not only Juftice, but alfo Charity in refpeft of the Family of the Deceafed, who being by his Death depri¬ ved of the Means whereby hitherto they have been fup- ported are often left in fuch low Circumftances, as are ve¬ ry deferving of it. But this, if effected as you propofe, how ever plaufible it may appear at firft fight, yet, if thoroughly confidered, will be found to have neither Cha¬ rity nor Juftice in it, but that on the contrary it will be a very great and unreafonable Hardftiip upon the Minifter, that next fucccedeth, and of great Damage to the Church ( 9 ) - of God in general, and very prejudicial even to them for whofe Benefit you pretend to defign it 5 of each of which I hope I ihall thoroughly convince you by the Reafons which follow. For, x i?. As to the Charity of your Propofal, if the Po¬ verty of the deceafed Minifter pleads any thing for what you would have in refpedt of the Family, which he leaves behind him, moll: an end the Poverty of the Succeffor ■pleads as hard againft it. The Deceafed Minifter may have had long Advantages of gaining, but the Succeffor is but juft beginning the World after a very expenfive Edu¬ cation, and he begins it with great Charges for Inflitution, for Induction, for the Stamps of his Inftruments, for Firft- fruits, for removing, for fettling at his Living, and for furnifhing his Houfe. And by that time all this is done, the Succeffor ufually comes into the Living much poorer, than any Predeceffor may be found to go out of it. And therefore if Charity be an Argument forthePredeceffor,why fhoUld it not alfo be confidered for the Succeffor? If there be Charity due to the Wife and Children of the deceafed, by all means let them be confidered, and provided for as Charity directs 5 but why muff the whole load of it be cart upon one that needs Charity perchance as much as they ? What is this but to opprefs one poor Perfon to provide for another, and in order to do an aft of Charity on the one Hand, to become guilty of the Breach of that and juffice too on the other? The proper Means of Cha¬ rity ate not the few Mites of the Poor, but the Superflui¬ ties of the Rich, and therefore if the deceafed Minifter leaves a Wife and Children behind him fit objedts for Cha¬ rity, let his Rich Parifhioners, his Wealthy Neighbours, and his other Friends, Relations, and Acquaintance, open their Hearts and their Purfes on this Occafion, and out of their Abundance Relieve and Comfort them in their wants. D Theft o°; Thefe may have partaken of his Hofpitality, had the Be¬ nefit of his Miniftry, the comfort or his Friendlhip, the pleafure of hisConverfation, and many other Advantages from him, while he lived among them, and therefore are more bound to (hew Charity and Kindnefs to thofe he leaves behind him, when dead, than the next Minifter, who fucceeds, who being moft an end poor himfelf, and wholly a Stranger to the deceafed, hath neither where¬ with, nor any fuch Obligation upon him to (hew that Kindnefs and Charity to them, which you would put up¬ on him. And therefore, how much foever the Family of the Predeceffor may need Relief and Comfort after his De- ceafe, I cannot call it Charity to fupply their Wants in the Way which you propofe out of that which belongs to the Succeffor, becaufe I reckon it will be a greater breach of Charity to take from and impoverifh the one, than it will be an aft of Charity to give to and relieve the other. But, idly, Suppofing the Succeffor be not in fuch low Circumftances, as I have faid, but is plentifully provided for by an Inheritance of his own ( as it fometimes hap¬ pens) yet his (hare of the Charity-will be fufficiently paid in other particulars of Expence for the deceafed, which ufually fall unavoidably to his Account to bear for him. For thofe Minifters, who leave Wives and Children be¬ hind them in fo low and poor a Condition, as to be fit Objefts for Charity, ufe alfo to leave at the fame time great Dilapidations to be repair’d, and great Arrears of Tenths to be paid by them, who next fucceed. And if the Succeffors take all this upon themfelves without requi¬ ring from the Executors of the deceafed thofe Reimburfe- ments, which the Law will give them ( and this they al¬ ways mud, when nothing but Objefts of Charity are left behind ) I think this alone will be fufficient for their (bare of the Charity, and if all others, who are more obliged, would C >») would but do as much, there would be no need of any fur¬ ther complaint of this matter. g/y, Many Minifters die without having any Family at all, and many that have Families do leave them in fuch a plentiful' Condition, as to need no Charity to fupport them after their Deceafe 5 and here certainly there can be no room for your Plea of Charity, and yet your Propofal extends to them, as well as the reft, and they alfo muft have a {hare in the next Harveft of their SuccefTors, how little foever they want it, and how muchfoever the others, who moft an end come bare into their Livings, may ftand in need of it. And what is this, but to rob the Poor to give to the Rich, and take from tliofe, whom you ought rather to help, to give to them, who ftand in no need of it ? Here you can by no means be faid to do any deed of Charity in refpeft of thofe to whom you give, but in rer fpeft of thofe from whom you take you will be very often guilty of a great and very oppreffive Breach of it. 4 ly, There are but two juftifiable Caufes of the Pover¬ ty, in which a Minifter may leave his Family behind him. 1. The fmallnefs and infufficiency of the Living to mainr tain him; and, 2. The low Circumftances in which he may firft come to it. For where the Livings are fo fmall as to be fcarce fufficient to find a daily fupport for the Mi.- nifter and his Family while he is living (and abundance of fuch there are in this Realm) no wonder then that his Family be left in Poverty behind him after his Death. And although the Living be of a better fize, yet if the Minifter be impoveriflied on his firft coming into it (as is the cafe of many ) it is often a long time before he can again recover himfelf, and if he dies in the interim* its certain his Family muft bein want after his Deceafe. And in both thefe Cafes there is all the Reafon in the World io move for Charity for them, but the Method, which- you. c»o ycmfadVd hfdpbfed for it, is the irhprbpereft and the worft that can Tie pitched upon., Would you go to work like a tfue Piiyfitian to tefhedy. this Malady of the Church, you fhould begifl k't the Caufe, and there firft endeavour the Ctlte by rerribvirig that which makes the Difeafe, and think of forne Way of making Livings to be fufficient Main¬ tenances for thdfe that officiate in them, and ieifening of fhdt Charge, which fo often impbverifheth them at their firft' cbmirig Into them. But iriftead of doing this by lay* irig theWlible biirden of the Charity upon the Succeflor Vbu will ericrCafe both thefe Caufes, which bring Mini- fters tbPbverty, arid thereby will opprefs more, than you will help, ahd make more Objefts of Charity, than you will relieve. Fbr, i'JJF, If it hath been the fmallnefs of the Living, that hath made the ftredeceflor die poor, will not that, which Was a filial! Living to the Predeceffor, be a fmall Living to the SUcceffor too? Arid if you take out of it ‘to hrovid6 Charity for theRelief of theFamily of tliePre- dCcdffbt, Will riot this be to make it fmaller to him that iirixt hath it ? Arid will you riot in fo doing make that, which Was the catife of Poverty to the Predeceffor, he much fhdre fo tb the Sdcceftor> arid thereby take the rea- dieft Way to reduce him arid his Family to want Charity riiorb'thati title dtli'er ? if'the fmallnefs and infuffidency of "the Livittg to friaihtairi a Miriifter was that, which made the FredSceffpr pobr^ this is a good Reafon, why you ftibuld dfmihith nothing of it to nirii that next fucceeds, left thereby you bring him arid his Family into a worfe Condidbh than the former, and fo becoriie the Caufe of iiiaking more Poverty ifi the one* than you relieve in the other. For if the Predeceffor, who perchance came in- tirely into the Living at firft, without any fuch Deducti¬ on, dS you would nbw put upon it, could riot with it keep his Family from falling into Poverty, much lefs will the SuccelTor be able to do it, when fo Defalcated in the be¬ ginning, as you would have him to be. And therfore this way to provide Charity for the Poor Families of Minifters deceafed, will be in this Cafe manifeftly to encreafe the caufe of Poverty amongMinifters, and make theSucceffors to leave their Families in much greater Want, than thofe that went before them, and fo, Tinker like, while you mend one Hole, you will make others twice as big. 2. If it hath been from the low Circumftances, in which Minifters ufually come into Livings, that any of them leave their Families in Poverty behind them, if you take from them the nextHarveft after their Admiffion, will not this be to fink thefe their low Circumftances much lower, and thereby make them in this Cafe in the fame manner as in the former, leave their Families, when they come to die, in a much poorer Condition, than thofe that went before them ? To impoverish Men in the beginning, whatever their Profeffion may be, it muft be acknowledg¬ ed, is the readied way to make them poor all their Life after. And if this hath been the Caufe, that made the preceding Minifter leave his Family in- Poverty behind him, if you take any thing of the Living from the next SuccelTor on his firft coming to it, will not this be to en+ creafe this caufe ? Will it not be to impoverilh him more than the other, and the certain way to make his Family in the refult much.more need Charity, than that which you would now relieve ? For if the PredecelFor under the Burthen of other Charges, with which he came to the Living, could not avoid this Poverty, how much lefs will the SuccelTor be able to do it, if further loaded with what you would now impofe upon him ? This muft ; certainly he a very bad Method of Charity, in which, while you help onePerfon in want, you reduce another to be in want much (bore, and while you relieve one ObjeS of Charity, you lay a Foundation for the making of another perchance twice as great. Were the thing duly examined into, you would find that moreMinifters by a great Num¬ ber come Poor into Livings than die poor out of them, and that there is much more need of Charity for them at their firft Admiffion to their Benefices, to fet them up in the World, than for the Pooreft Families, they may leave behind them at their Deceafe, to carry them through it. And fince the Efficacy of their Miniftry, and the Authori¬ ty, which they ought to have over their People, doth very much depend on the Circumftances, in which they make their Appearance among them, it is of much greater Importance that thefe ihould be helped and relieved, than the other. And therefore you may more juftifi- ably, and with a truer Reafon of Charity take from the Predeceflor to help the needs of the Succeffor, than from the Succeffor to relieve the wants of the Predecef- for, how Poor foever the Family may be, which he lhall leave behind him. I have already mentioned how many Ways there are to waft what a Poor Clergy-man may have of his own, before he can get a full Settlement in a Living for his Support. Firft a chargeable Education to fit him for his Funftion, next perchance a long expectancy upon his own Charge before he can get a Living, and when bath obtained a Prefentation to one, there are Fees of Inftitution, Fees of Induction, Taxes for the Stamps upon his Inftrument's, Compofitions for Firft-fruits, Charges for removing, Charges for fetling, Charges for making the Houfe fit for him, and Charges for Furniture, and thefe moft an end exhauft all that he hath of his own at his firft coming to the Living, if hot a great deal more, and what then (hall he have to live on, if you take from him the next Harveft too ? I defire you would confi'der what what an hard Cafe fuch a Minifter muft be in. The beft way he can take to help himfelf, will be to borrow Mo- ny, and run in Debt, which is a way bad enough, though the bed: which he hath to chufe, but if he hath not Cre¬ dit enough to be trufted, (and how can it be expefted that he (hould, when he hath nothing elfe to make him refponfible, but his intereft in his Living, which, if .he die, muft die with him ) his next fhift ( and this is that which moft in this cafe have recourfe to ) is to take up his dues of his Parilhioners beforehand, and to abate one half to have the other paid before it be due. For in this Cafe the crafty Countryman will be lure to make his Ad¬ vantage of theMinifter’sNecefiities, and advance nothing beforehand, but with fuch Abatements as (hall pay him fufficiently for it. And when the Minifter hath once on fuch an Exigency been forced to fink his Compofitions, it will be a good while after before he will be able to raife them again to their former Value. And when a Minifter hath thefe Difficulties upon him, ufually half his Life is fpent in ftrugling with them, before he can overcome them, and will you then encreafe thefe Difficulties by add¬ ing more Charge, and more load upon him at his.firft coming to the Living? Can you find Charity no way elfe for the relief of the Family of the Poor Minifter, that died out of the Living, but by fucking the Blood of the •next Succeffor, who comes as Poor, if not Poorer .into it? What is this but to take the poor Man's Lamb, and to .eafe the Rich Neighbours, Friends, and Relations of theDe- ceafed ( who are the propereft Perfons, that ought to contribute to the Charity ) caft the whole load of it upon one, who needs it as much as the other ? If you would find a way to help the Poor Minifter, who comes into the Living under all thefe Difadvantages, it would be a much more laudable Undertaking, and certainly the greaterCha- (>*) rlty of the two. For all Trades in the Kingdom in moft Corporations there are Funds and publick Stocks of Chari- ty for the fetting up of new Beginners, and indeed it is one of the heft, and propereft Charities, that I know. For thus to help (Men at firft, is to relieve them all their Life after, and put them in away not only to avoid want themfelves, but to be able to be ufeful in their Generati¬ on, and Adminifter to the Wants of others. But with the poor Clergyman you are for taking the quite contrary way; inftead of helping him, when a new Beginner, you are for taking from him, and inftead of fetting him up on his firft coming to the Living, you are for pulling him down, and impoverilhing him, and fo under the pretence of charitably relieving thePoor Family of hisPredecelTor, yon very uncharitably reduce him to fuch Streights, as make him and his Family to need it often twice as much. To this you will anfwer, every Minifter that comes into a Living is not in this cafe. And I reply, neither doth e- very Minifter, that dies out of a Living, leave a Family behind him in need of that Charity, which by your Pro- pofal you would procure for him: I think I may fafely fay a great many more Minifters come Poor to their Livings, than die Poor out of them, and if fo, how much foever Charity may plead for your Propofal for the fake of the one, it muft plead much more againft it for the fake of the other, and it will not be fo often an aft of Charity to give to the Poor Family, which a Minifter may leave behind him, as it will be a breach of Charity and Juftice too to take from the next SuccefTor wherewith to do it. But you will- here fay that there are other things, which may bring, a Minifter to Poverty befides the ill Circumftances, with which he firft comes to the Living, or the xnfufficiency of it to maintain him, which none of my Objeftions. hitherto alledged may reach, becaufethe Living, Living may be fo plentiful, as fufficiently to enable the next Incumbent to bear all that, which you would impofe upon him, without the danger of impoverilhing either himfelf or his Family after him by it. To which I an- fwer, that there may be fome extraordinary Accidents, as a fudden Fire, or the like, which may irapoverilh aMi- nifter in a great Living as well as in a fmall; but thefe are always beft relieved, while the Calamity is frefli, and the Compaffion, which it deferves, feldom fails of procuring from well difpofed Perfons that Charity, which is fuffici- ent for it, if then asked for; and therefore you need not referve the load of it to incumber the next Succeffor. Bateing thefe Accidents, if a Minifter comes into a Good Living, and in Good Circumftances, I cannot fee what juftifiable Caufe there may be to bring him to that Pover¬ ty, as to need Charity for the Relief of his Family after his Deceafe, becaufe if he manageth his Affairs with that prudent Sobriety, which becomes a Minifter, fuch an one might be able to lay up for his Family while living what might be fufficient to keep them from wanting after his Death. Unjuftifiable ways indeed there are many, which often reduce the richeft to a Morfel of Bread, and bring down whole Families from the heighth of Opulency and Honour to be as low as La%am in the Duft. And if any of the Clergy have by fuch Courfes brought Themfelves and Families into Poverty, I hope it is not for the fake of thofe that you are endeavouring fuch an extraordinary Method of Relief. As for fuch of the Clergy who by reafon of the inefficiency of their Maintenance, or any other juftifiable Caufe have been reduced to Poverty and Want, there are the ftrongeftReafons both ofCharity and Juftice on their fide, that all fuitable Provifion ihould be made for the Relief of the Families they may leave behind them. But if they have Simoniacally come into their Liv- F ings ings at firft, and by the Debts, which they have contraft- j ed to make the Purchafe, impoverifhed themfelves in the ( beginning, and through the Curfe of God upon them for f this Wickednefs, have never been able to recover them¬ felves afterwards (as it moft an end happens in this Cafe ) or if they have wafted their Subftance in diffolute, and , profufe Living ^ or have by any other fuch unjuftifiable and evil Ways brought Themfelves and Families to Ruin ! and Want, fuch ought to bear the Confequences of their \ Mifcarriages, that others feeing what fuch Evil Courfes j bring Men to, may be deterred by the Example from do-. ! ing likewife. I mean not that theyfhould be left to ftarve. : But fince their Poverty hath been contrafted by fuch Evil ; Courfes, I think it would be very unreafonable to expefttbat j any Government (hould concern themfelves for the fake of 1 fuch to make new Laws, and eftablilh extraordinary Me- thods in order to their Relief. For this would look like, encouraging Wickednefs, and giving Reward to Vice.! And therefore, if you have fuch in your View for the Re¬ lief, which you would procure, your Projeft is againft the Intereft of Virtue, and the Intereft of Religion, and no one, that hath a regard to either, will joyn with you in it. I confefs I find for the firft introducing of thatCuftom of al¬ lowing the Predeceffor in an Ecclefiaftical Living the next , Harveft after his Deceafe, fuch an odd Reafon given, as; the Mifcarriages of thofe, who were to have the Benefit of it, which alone with me is fufficient to difcredit its Re-. Iteration, as I hope it will with every body elfe, if it be your Defign to bring it in again upon the fame Foundati¬ on. For we are told by Peter gjtivil, who was Bifhop of Exeter in the Reign of Ring Edward the Firft, that the;, 00 s*pe con- Occafion of firft introducing this Conftitution was, (x) That ■ tigit nonnul- los Ecclefia- U rum Reftores vitam ducere diflolutam, ut cum ad vita finem pervenerint, non habeant in bonis, dequibus Ecclefiarum fuarumdefeaustam in Ornamentis quam in domibus vaie- ( ant teparari, vel Creditoribus fuis de eo fatisfacere, quod fibi debetur, quaptoptet lau- dabllem noftrs Direcefis confuetudinem approbates ftatuimus, ut quilibet Beneficiatus noftrs Dicecefis, fi die Dominica Qiiadragefimje quacunq; bora vel poftea decefierit, fruc- ftusBeneficii fui fubfequentis Autumni liberam legandi habeat poteftatem. Spelnum Concil. Tom. 2. p.389. it did often happen that ReUors of Churches did lead fuch dif- folute Lives, that when they came to Die, they did leave thofe _ Debts behind them, as would never be paid, nnlefs the next Harvejl after their deceafe were allowed them for this pnrpofe. But this is the firft Inftance I have ever met with, where the Faults of Men have been alledged for the Reafon of a Law granted in their Favour, and for my part I mull de¬ fire to be excufed from having any thing to do in the ma¬ king of another. For to make a Law to help Men out of thefe Inconveniences, which they draw upon themfelves by their ill Practices, and diffolute ways of Living, is to encourage them in thofe Evil Courfes, which it ought to be the aim of all Good Laws to correft and amend. In this Cafe I think inftead of remedying the ill Confequences it would be much better to remove the ill Caufes, which produce them, and find fome way to prevent that Simony, and reform thofe ill Courfes in Clergy-men, which bring them to Poverty, rather than provide for the relieving of them, when under it. Were the Patron obliged to take the Oath of Simony againft felling the Living, as well as the Clerk is againft buying it, it would go a great way to remedy the former, and the ftrift executing of the Canons would foon amend the other. And therefore if you could procure a Law to Enaft, that Patrons, whenfoever they prefent to any Living, fhould take fuch an Oath j and find out a way to make the Governours of the Church more di¬ ligent in correfting what is amifs in the Clergy, you would then ftrike at the root of the Evil, and foon remedy the whole Mifchief which proceedeth from it 5 but the way, that you propofe, will be to propagate it by rewarding the Fault O) Fault, and give Encouragement to others to do likewife. And thus much having faid of the Charity of your Pro- pofal, I next come to confider the Juftice of it. For you fay it is very unjuft if a Minifter dies before Harveft, that the next Succeffor (hould go away with all the Profits of it, and therefore you would have a Law made to divide the next Harveft between thePredeceffor and the Succeffor in proportion to the time, that each hath ferved the Cure from the Michaelmas preceding. But to convince you of your Miftake herein, I (hall make it appear to you, i ft. That there is no Injuftice in the prefent Law, which gives the Succeflor all the Profits, that accrue after the Deceafe of the Predeceffor, at what time foever he (hall die. But, 2/y, That on the contrary there would be a great deal of Injuftice and Oppreflion too, (hould it be otherwife fettled according to that Alteration, which you would have made herein. And, i if. There is no Injuftice in the prefent Law, which gives the Succeflor all tne Profits of the Living, that accrue from it after the Avoidance. For, if?, There muft be a Determinate rime, where the Right of thePredeceffor (hall end, and that of the Succeflor begin. And what time can be propererfor this,than the day of the Avoidance, which the Law hath appointed ? When the Minifter dies, he is naturally put out of poffeflion, and therefore what fitter time can the Law appoint to put him legally out of it alfo ? And fince from that time all the Services and Burdens of the Church muft be charged upon the Succeffor, what is more reafonable, than that from that time all the Profits (hould belong to him alfo? And although there may be in this fome feeming Inconveni¬ ence in cafe a Minifter dies immediately before Harveft, yet you muft confider, Laws are not to be made for particular Cafes, but for the general Good, and therefore, though in one or two Cafes, a Law may feemto bear hard, ( and what Law i? there that doth not? ) yet if in all others it be for the general Good, this is fufficient to vindicate the Juftice of it. And this is plainly the Cafe in Hand. For whatever that Inconvenience may be, which you menti¬ on, in refpeft of the Predeceffor, there is no alteration, which can be made to prevent it, which will not in other Refpefts, if thoroughly weighed and examined, be found to have much greater, as in particular I hope Ilhall fully make appear of that which you propofe. 2. There is no Minifter, that enters on a Living, but knows it to be the Condition of theTenure, with which he holds it, that on the Day of its Avoidance, whether by Death or otherwife, all his Right therein mult ceafe. And therefore fince he hath taken it with this Condition, he hath confented to it, and confequently no Injury or Injuftice can be done him in the executing of it, at what time foever the Avoidance fhall happen. This Avoidance may indeed happen more inconvenient to him and his Family at one time than at another, and fo may the ex¬ piration of a Leafe by Lives to the Tenant, and yet no one can fay, that any Injury is done him, if the Landlord entreth and feizeth, affoon as the Lives are dead, by which the Eftate is held. 3. If the Minifter hath the Difadvantage of it, when he dies immediately before Harveft, on the other hand he hath as great an Advantage, when he dies immediately af¬ ter Harveft. For as in the firft Cafe the Succeffor goes away with the whole Profits of the Year from the Prede- ceffor, fo in the fecond Cafe the Predeceffor keeps them .all from the Succeffor, and it bears altogether as hard up¬ on the Succeffor in the laft Cafe, as it doth upon the Pre¬ deceffor in the firft. And every Minifter, when he firft comes into the Living, is in as much likelyhood to make G the ( 33 ) the Avoidance at the time which will be advantagious to him, as at the time which will be difadvantagious, and therefore whichever of them happens to be his Lot, there is no reafon of Complaint, fince he had an equal Hazard unto both. 4. The end of the Endowment of the Church being the fupport of God’s Worihip in it, its reafonable the Law flioold take more Care of him, who hath the Charge of this Miniftry upon him, than of the Family of thePrede- eeffor, who have nothing to do with it. While the Pro¬ fits of the Living accrue to the Incumbent, they are im- ployed to the true end, to which they were devoted, and when they are given from him to any one elfe on what pretence of Charity foever, it is an unjuftifiable Alienati¬ on from it. 5. If the Law puts no Obligation upon the Succeffor to allow any thing to the Preceding Minifter, who died out of the Living, it muft be remembred, it did put none up¬ on that Minifter to allow any thing to hisPredeceflor, when he came into it. And therefore fince he came into the Living free from any fuch Incumbrance, how can it be faid to be fnjuftice to him, if his Succeffor doth io too ? If nothing be allowed to him, it muft be confidered, that in the fame Cafe nothing was allowed by him, and the one muft be fet againft the other. And thus for having vindicated the Juftice of the Law as now eftablifhed 5 I (hall in the next place lay before you the Iniuftioe and Oppreflion, which muft follow from that Alteration, which you would have made in it. For, iff, You take care for the Predeceffor, that he (hall have a Share in the Harveft in cafe he die before it, but take no care of the Succeffor in cafe he die immedi¬ ately after it. For if in Juftice, and Equity, as you pre¬ tend, any part, of the Harveft be due to the PredeedFor ( 3 3 ) in tile firft Cafe on the Account of that, part of the Year, he had ferved the Cure before Harveft; for the fame Rea- fon there is a part of it due to the Succeffor in the latter Cafe, on the account of that part of the Year, which he ferved the Cure after Harveft. For the Chriftian Year is from Lady-day to Lady day, and this in all Ecclefiaftica.l Matters hath ever been more efpecially made ufe of, and particularly in that of Tithes, and Minifters Salaries, they having ever been reckoned, and paid according to this Year. And although the main Profits of the Living ac* crue at Harveft, yet it muft be acknowledged, they are given for the ferving of the Cure for the whole Year, that is, from Lady-day to Lady-day, and therefore, if for this Reafon there be any Equity, that the PredecefTor, in cafe he die before Harveft, be allowed out of the Profits* of it in Proportion to that part of the Year, which be hath ferved the Cure from the Lady-day. preceding, there is the- fame Equity, that the Succeffor, in cafe his PredecefTor dies after Harveft, fhould alfo be allowed out of the Pro¬ fits of it in Proportion to that part of the Year, which ho hath ferved the Cure from the death of his faid Predecef- fbr to the Lady-day following, and that the Executors of the PredecefTor be obliged in this Cafe to make an Allow¬ ance to the Succeffor, as well as the Succeffor in the other Cafe to make an Allowance to the PredecefTor. And if it be hard (as you fay) upon the PredecefTor to be allowed nothing out of the Harveft in the firft Cafe, it is much harder upon the Succeffor to be allowed nothing out of it in the other. For the PredecefTor may have received the B after Offerings, the ftnall Tithes, and theTithes of Hay, and hath alfo the Profits of the Glebes by the Law already eftablifhed, if fown by him. But in cafe the Succeffor comes in immediately after Harveft, all is fweep’d off be¬ fore his Right commenceth, and. he muft ferv.e the Cure an half Year for nothing. For from Michaelmas to Lady ' day fcarce any thing of Tithes accrue. Befides if the Pre- deceftor hath not received any of the Profits of the Year, 'which I have mentioned, yet he hath long had the Benefit of the Living before, and the Opportunity thereby of en¬ riching himfelf $ but the poor Succeffor hath had no¬ thing, but Charge, and Expence in his Admittance, and therefore I think he may with more reafon demand Allow¬ ance out of the Harveft of the Year in his Cafe, than the Predeceffor can in his, and confequently it will be very great Injuftice to give it to the latter, and deny it to the former. 2. Another piece of Injuftice in your Propofal is, you are not only content to exclude the Succeffor that Equity in cafe he comes to the Living after Harveft, which you would procure for the Predeceffor in cafe he die before Harveft, but in favour of the Predeceffor, and to the fur¬ ther Oppreffion and great Damage of the Succeffor you would induce fuch a Change in the Year of Tithing, as hath never been as yet heard of in fuch Matters. For as the Ecclefiaftical Year, which is from Lady-day to Lady- day, hath ever been made ufe of in Ecclefiaftical Affairs, fo particularly hath it in that of paying and receiving of Tithes. And therefore, while the old Conftitution was in force, it did not give the Predeceffor any Right in the Tithes of the next Harveft, unlefs he had entred on the new Year by liv¬ ing till Lady-cky. And although it did give the next Har- } v;de fu _ veft to the Predeceffor, yet it did provide, (y) that if the '.pra m (f) Tithes accruing after Harveft were not fufficient to provide for ferving theCure, and difcharging all other Burdens of the Church till the Lady -day following, what was wanting was to be fupplied out of the Goods of the Predeceffor, who had received the Harveft. So from hence it is plain that the Fruits of the Benefice, although received all at Har- veft, (= 5 ) veft, were to provide for the ferving of the Cure, and all other Burdens of the Church for the.wholeYear, and this Year was from Lady-day to Lady-day. But now contrary to the practice of all Chriftians hitherto oblerved in fuch Matters you will have the Year to be from Michaelmas to Michaelmas, thatfo the PredecelTor may according to your Projeft be entitled to the greater (hare in it by having his Part allotted in proportion to the time, that he hath ferved the Cure from the Michaelmas preceding, and the Succef- for be the more grievoufiy oppreffed by it. For accord¬ ing to this Scheme at what time foever the PredecelTor dies, though it be immediately after the former Harveft, he mult have a (hare in the next too in proportion to the time, he lived after Michaelmas, and the Succeffor will not only be forced to ferve a-great part of the Year, as per¬ chance from October, or November, to the Lady-day follow¬ ing without receiving any thing for it, but alfo, when the Harveft comes to reward his Labours of the following Year, he muft be curtail’d of fome of that too. Had your defign gone no farther, than to allot the PredecelTor a Share of the Harveft in proportion to the, time within, the Year, that he had ferved the Cure, that is, from the Lady- day preceding, it would have had fome. Ihow of Equity in it, becaule the Fruits from Lady-day to.Lady-day, at what time foever they accrue, are affigned for the ferving of the Cure from Lady-day to Lady-day. But to affign him a Share in the enfuing Harveft for the ferving of the Cure before Lady-day, is to pay him for that which he hath been paid for already in the Fruits of the Former Harveft, and hereby the Succeffor, who comes into the Living after Harveft, will not only be. excluded his Share of that Harveft, which is due to him by the fame Equity, where¬ by you claim any thing of it for the PredecelTor, who died before Harveft 5 but alfo by your thus Changing the H Year, • (-26 ) Tear, and beginning it at Michaelmas, contrary to ail former ufage be will be forced to allow the Predeceffor, where the Predeceffor ought to allow him. And will not this be double Oppreffion upon him> idly. The greateft piece of Injuftice in this Matter is, you take from the Succeffor, that which he hath bought and paid for. For the next Year after the Avoidance is not the Succeffor’s, but the Queen’s, and although he hath the Profits, yet it is by Compofition and purchafe from her Majefty. Whatever accrues from the Living after the Day of Avoidance for one whole Year are the Queen's Firft. fruits, and the Minifter for that Year is only the Queen’s Tenant, and therefore, if you will have a Share of the next Harveft for the Predeceffor, who died out of the Liv¬ ing before Harveft, it would be properer for you to go to the Exchequer for it, than to the Suceelfor. But here you will fay the Compofitions for the Firft-fruits are ufu- ally fo moderate, as to leave fufficient over and above out of which to make that Allowance, which you would have for the Predeceffor. To this I reply, i. Whatever the Compofitions are, the Queen’s Title spines between the Predeceffor and the Silcceffor, which tuts off all manner of claim, that the former may pretend to make upon the latter for any part of the Profits of the Living, which he {hall receive after his coming to it. For from the day of the Avoidance, the Fruits from thence¬ forth accruing for one whole Year after are all the Queen's* and the Succeffor hath them no otherwife than by Virtue ofhis Compofition with her, and therefore, if the Prede¬ ceffor hath any reafon of Claim to any part of thefe Fruits on the account of his having ferved the Cure fbme part of the Year, in which they accrue, he ought to make it upon the Queen, who hath the Original Right in them, and not upon, the Succeffor, who enjoys them only by vir¬ tue tue of his Bargain and Purchafe from her. For how mo¬ derate foever the Price may be, he buys the whole, and from one that hath Right to fell the whole, and therefore it is all Reafon, that he as well as all others in the like Cafe (hould have the full Benefit of his Bargain; and if it be a good one, it is the Pleafure of the Queen to grant it unto him, and what can it be then but Injuftice and Op- preffion to deprive him of any part of it? Is it not hard enough upon the Minifter already, that he is forced to buy the firft Year’s Profits of his Living, and will you then make it harder upon him by obliging him to compound again for fome part of them with the Executors of the Predeceffor ? What is this but to make him pay twice for the fame tiling, which he ought to have without paying any thing at all, and fo put a double Vexation upon him ? 2 ly, I acknowledge, that for the moft part the Compo- fitions are not above a fixth part of the real Value of the Livings, but fometimes it happens, that they are the full real Value, and fome Inftances may be given, where they exceed it, efpecially in Vicarages, becaufe the Vicars being generally in the Endowments of their Vicarages, charged with all the Burdens of the Church, they compound for the whole, that is, for thelmproprietor’s part of it, as well as their own, and here certainly you muft allow it to be ve¬ ry hard and unjuft to make the Succeflor allow any. thing of the firft Year’s Fruits to the Predeceffor, when tbeCom- pofitions for them with the Crown have fwallowed them all before. 3//, Where the Compofitions are lower than the real Value, it is to be confidered, he ferves the Cure into the Bargain, and bears all other Burdens of the Church, and that the Abatement hath been made purely on the Account hereof; and therefore there is all the Reafon in the World, that he only, who ferves the Cure during the ( 9 * ) Year, for which the Firft-fruits are paid, fhould have the Advantage of it. For while the Firft-fruits were paid at the full Value of the Living, the Minifter ferved the Church the firft Year for nothing, which being found ve¬ ry inconvenient, as caufing often a Negleft of the Cure through the inability of the Minifter to keep Refi- dence upon it, while he had no Profits of the Benefice, for remedy hereof Pope John theXXIId Anno 1317, by his {i) Cum in Conftitution {a) Sifcepti Regimink ,moderated the Compo- nonnuiiis Ec-fitions to the Value of the Living, as Taxed in the Pope's vetur ° b uod Books for the Payment of Tenths, whereby it was intend- fruau’s primied to leave about one half of the Profits to the Incumbent vei fecundi f or ferving the Cure. For it gives an Option to the Firft- cu[ufennq; U fe . fr u i t s- ga t h e re r either to take the Taxed Value, or the O- quentis aiini verplus, which it would not have done, but that the one vaantinm 61 was f u PP 0 ^ e d to be as good as the other. And afterward defunfto, veithe fame Pope by another Conftitution (h) Cum nomulh.. Fabric*, xg I ^ ) dire&ly ftates it as to thofeBenefices, of perfonisV- which there was noTaxin the Pope’s Books, that one half bentibus An- only of the firft Years Profits fhould be paid for the fueturiine C ° n ' Firft-fruits, and that the other half fhould go to the Priviiegio, Maintenance of him, that had the Benefice. And Pope -vei Stacuto Boniface the IXth, (c) who firft made the Payment of in totum^ta Firft- quoi illi, qui liujufmodi Beneficia canonice obtinent, & ad quos alios de jure fruftus ipfi fpeftare deberent, nihil indc percipiunt, unde illud inconveniens fequitur, quod com¬ mode nequeunt ad impendendum fervitium debitum refidere in Ecclefiis, in quibus Be- neficiati exiftunt. Nos de illo fuper his remedio providere volentes, per quod ii & illi . in fruftuum pradiftorum perceptione participent, & Ecclefi* debitis fervitiis non fraudentur, prsfenti Deaeto ftatuimus, quod illi qui fruftus prsdiftos fibi haftenus integre vendica- bant ex priviiegio, confuetudine, vel ftatuto nihil exinde ultra fummam, pro qua unum-. •quodq; Beneficiorum ipforum confuevit in folutione Decim* taxari, quovis modo percipi- ant, led ipfius Summ* perceptione duntaxat fint omnino contenti, totali refiduo pr*difta obtinentibus Beneficia remanfuro, nifi forfan illi, qui fruftus eoidem foliti fuerant cum integrate percipere, pro fe mallent ipfum habere refiduum, fkc. Extra Johan. 22 De elec- tione & de Eletti poteftate C. Sufcepti Regiminis. ( b) Extra Comm. De Pr*bendis & Dignitatibus C. cum Nonnull*. (O Theodor, de Niem. De feifinate lib. 2. c. 7. Thomaffin-Part. 3. lib. 2. c. 58. Sett. u. Firft-fruits a Tax upon all the Churches under his Sub- jeftion following the Reafon of thofe former Conftitutions did Anno Dow. 1392, make it a general Rule for all Bene¬ fices, that they fhould pay no more, thanf d) one half of WThomaffm the real Value of the firft Years Profits, and that the other * a ”, 3 § f;, 2 ‘ fhould be for ferving the Cure. Here in England the Firft- ' fruits were paid according to the (dd) Lincoln Tax made W c ff in the 20th Year of King Edward the Iff. And the Pope \f had them in all the other Dioceffes of this Kingdom, excep- Lincoln, ting this of Norwich, but here as well Tenths as Firft-fruits did, cx privilegio, belong to the Bifhop till the Reforma¬ tion, who in the receiving of them followed the Conftitu¬ tions of Pope John theXXIId, and Pope Boniface theIXth, in never taxing them at above one half of the real Value of the Benefice", as it appears by the Regifter Books ftill remaining in the Principal Regiftry of this Diocefs. For in the appropriation (e) of the Church of Berney, Anno 13 5o,althoughtheBifhop doth endow the Vicarage with ten IV ‘ Marks per Annum out of the Revenues of the Church, yet he taxeth it but at four Marks for Firft-fruits and Tenths. And in the Appropriation of the (f) Church of Goderejlin, (/) R- e S iftr - Anno 1354, although he endows the Vicarage with ten IV ' °' 20 ' Pounds per Annum, yet he taxeth it for Tenths and Firft- fruits but at five Pound per Annum. But at the Reforma¬ tion they were taken here from the Bifhop, as well as from the Pope in all other Dioceffes of the Kingdom, and given to the Crown in the 26th Year of King Henry the VHIth, who thereon made a new Valuation of all the Ecclefi- aftical Benefices and Promotions in this Realm, by which : their Firft-fruits and Tenths have been ever fince paid. And in the making of this Valuation, as in all former Va¬ luations fince the time of Pope John the XXIId, reguard was had to the Reafon of his Conftitution Sufcepti Regimi- \nk, and Abatements were made in Confideration of the ;. I fcrv- ; ( 3 °) ! fervingof the Cure during that Year in which the Firffc- fruits were paid. And therefore wbatfoever the Minifter hath I of that Year's Profits, over and above his Compofition, is his Allowance from the Crown for ferving the Cure for that Year, in which the Crown hath the Fruits of the Liv¬ ing, that is, from the Day of the Avoidance; and though the Overplus be now grown by the Alteration, which hath fince hapned in the value of Mony, much higher than it was at firfl: intended, yet dill it is the Allowance from the Crown for the ferving of the Cure from the day of the Avoydance, and this cuts off all Pretence, both in juftice and Equity of any Claim from the Predeceffor to any part of it, for his ferving of the Cure before the A- voidance. For it is the Right of the Crown, and not the Right of the Succeffor, that intervenes to deprive him of it. And if the Predeceffor he a lofer on this Account in not having, his (hare of the Profits of the Living in Pro¬ portion to that part of the Year, he had ferved the Cure before his Deceafe, which you think he hath an equitable Right to, the Succeffor on the fame account lofeth much more, and why then (hould not the one bear it, as well as the other ? If the Succeffor muff fuffer his lofs without Reparation $ it’s all reafon that the Predeceffor (hould do fo too, and not for that little, which he lofeth, feek to make himfelf amends upon the other, who lofeth on the fame account Perchance five times as much. But, 4 ly. Whatever Overplus there may be of the Pro¬ fits of the Living over and above the Compofition for theFirft-fruits, there are other Charges, which the Church: is burdened with on the coming of a new Incumbent to it, ■ which are enough to fwallow it, and often a great deal I more. For there are Fees for Inftitution, Fees for Induc¬ tion, Taxes for Stamps, and a great many other Charges, which I have already mentioned, and when all thefe are de¬ frayed. (30 frayed, the Vvealthieft and moft opulent Livings in the King¬ dom will fcarce have over and above fufficient to pay them the meaneft Curat’s Wages for ferving the Cure 5 and what then can be more unreasonable, than to dedudt any thing farther from him to give to the Predeceffor, when for the moft part he hath nothing left for himfelf ? If you fay the SuccefTor may make himfelf amends out of the future Pro¬ fits of the Living, I reply, fo may the PredecelTor out of the preceding, and the latter may much better bear his part of the Lofs on the Account of what he hath already received out of the Living, than the former can on the Account of what he is hereafter to receive from it, and that efpecially fince the former hath a certainty of Poffef- fion in what he hath already received, which the latter hath not in that which is to come, but after he hath ad¬ vanced what you would have for the PredecelTor, may per¬ chance never live to have it again reimburfed unto him. But if otherwife, what pretence of Claim can you have for the Predeceffor beyond the Profits of the firft Year ? And if there be nothing of them left to the SuccefTor over and above the necelfary Burdens of the Church ( as is moft an end the Cafe) but what he hath bought and paid for in his Compofition for the Firft-fruits, muft not eve¬ ry one fay, that it is contrary to all Reafon and Juftice to take any thing of that from him? And thus far having I hope fully convinced you, that there is neither Charity nor Juftice in your Propofal, I have in the next place to objeft againft it, that it will be of great Prejudice to the Church, as tending very much to the Hindrance and Obftru&ion of that Work, for which a Miniftry is appointed in it. For the Work for which a Miniftry is appointed, is to fupport and maintain the Worlhip and Honour of God, and promote Piety, Holy- nefs, and Righteoufnefs among Men, and herein the grand end of Religion, and the foie Intereft of the Church doth confift. And in order to the carrying on of this Work; it fs necelfary that every Minifter fliould be refident upon his Cure for the attending of it, and there have that Au¬ thority among his People, and that influence over them, a.i may incline them to hearken to hislnftruftions, be guided by his Direftions, correfted by his Reproofs, and have that due Regard to his Miniftry in all other the Duties of it, as may make them effectual to all the Ends for God’s Ho¬ nour, and Man's everlafting Salvation, which they were ordained for. But how can they refideas long as deprived of their Maintenance? or if theylhould, How can they have any Authority among their People, or any Influence over them for their Good, if you do by adding more Bur¬ dens upon them fend them into their Livings in fuch low Circumftances, as mud expofe them to their Scorn and Contempt? Is it not by reafon of the too great Burden of Charges, which is already upon Minifters at their firfl coming to their Livings, that it is ufually a Year, and fometimes longer, before they can be in a Condition to fettle and refide upon them? And is not this a very great Mifchief to the Church ? For doth not the Honour and , Worlhip of God, and the Salvation of the Souls of the People all this while become neglefted, and fuffer Dam¬ age hereby ? And therefore if you add to this Burden by your new Charge of an Allowance to the Predeceflor, will you not thereby add to the Caufe of this Mifchief, and en- creafe that Evil of Nonrefidence, which is of fo great Dam¬ age to the Church of God ? For the greater you make the Burden of Charges upon them, the longer will it be, be¬ fore they will be able to refide, and confequently the longer will the Honour and Worlhip of God, and the Sal¬ vation of the Souls of the People be neglefted and fuffer Damage thereby, in thofe Parilhes to which they are call¬ ed. ed. And therefore while under the notion of Charity you thus difable Miniflers from'attending their Duty, you run into Impiety, and by becoming a Caufe of Nonrefidence, makeyour felves guilty of that decay of Religion,and neg- left pf the Souls o'f the People, which is always the Con- fequence of it, wherever it happens, and in fo doing, Sa¬ crifice God’s Honour, and Chr ill’s Flock to the Bag of the Predeceffor. And if they fhould go to their Livings while Low and Impoverilhed, the cafe would not be at all the better, but for the mod: part rather the worfe. For it may be lefs damage to the Church for a Minifler to be for a while abfent from his Parifh, than to come thither in fuch poor and low Circumflances, as may make him be contemned and defpifed by his People on this Account perchance all his Life after. For when a Minifler grows contemptible among his People, he ufuaily lofeth all the ■Effefts ofhisMiniftry over them; Men feldo.m caring to ■be any more either Guided or Inftru&ed by iucb, .whom they have once learned to defpife. And nothing condu- ceth more to make Men contemptible, than Poverty and a meannefs of Condition below their Station. For the Generality of Men look rnofily to the outward Appear¬ ance, and ufuaily meafure the Refpe&s, which they give to any one, by the Figure, which he makes among them in his way of Living, and the fufficiency of his Purfe to fupport it; and therefore if the Minifler which'comes among them fails here, whatfoever the Abilities of his ‘Parts, and Learning, or other worth may he, this will not balance the Matter with them, or Lave him from that 'Difrefpe& andGontempt, with which they ufuaily treat all others in the like Cafe. For they feldom have Pene¬ tration enough to look further than this, or Judgment to difcern what is beyond it, and if theyhave,-they are ufed to efteem Men only by-their outward-Worth, and not K their C 34) their inward $ and therefore if a Minifter comes poor, and low among them, he (hall befureto bedefpifed, how valuable foever he may be in other Refpe&s $ and how then can it be expe&ed, that his Miniftry ftiould have anv effedt among them > Befides, Poverty in a Minifter often makes him, as well asotherMen, to degenerate from him- felf, and finks his Spirit below his Profeffion. For he that is devoted to this Office is feparated to the Contemplati¬ on of the higheft things, and how can his Mind be free to this, when he is put to Difficulties for his daily Bread, and opprefled with the hardfhip of wanting wherewith to five ? It's a common faying, that a fcandalous Mainte¬ nance makes a fcandalous Miniftry, and Experience diffid¬ ently manifefteth its Truth. For where there is want of a Maintenance fufficient to fupport a Minifter, and keep up his Spirits to the dignity of his Poffeffion, it obftru&s his Studies, impairs his Parts and Abilities for his Fun&ion, and often debafeth his Mind tofuch low and mean things, as make him in the refult wholly unfit for it. And fo the great Work committed to his charge for the promoting of God’s Honour and Man’s Salvation becomes fruftrate of its End, and grows wholly ineffeftual in his Hands. By this .you may fully fee of how great Importance it is for the good of the Church of God, and the Intereft of that Ho¬ ly Religion, which he hath given unto us, that the Mini- fters of the Gofpel have carefully and intirely preferved to them that Maintenance, whereby they are to be fup- ported in the due and faithful Difcharge of thofe Duties, which they are called unto j and of how mifchievous a Confequence it is to the Honour of God, the Salvation of Men, and the whole Intereft of Religion to curtail or de¬ prive him of any part of it, efpecially at his firft coming to his Charge. To provide Charity for thofe that want, and Relief for fuck as are in Diftrefs, I acknowledge is a very ( 35 ) very pious and laudable Undertaking, but when you take from the Minifters Maintenance wherewith to do it, you obftruft an higher end to promote a lower, and make the Work of the Gofpel of Jefus Chrifl: to go backward by im- pioufly alienating to another Purpofe what hath been de¬ voted to the carrying on of it; and in fo doing you do not only deprive the Church of its Dues, and Religion of its fupport, but in the Confequence of it alfo rob God of his Honour, and the People of thofe means of Salvation, which have been ordained for them. And if this be not a wrong to the Church, and our holy Chriftian Religion 5 if this be not injury to God's Honour, and Man’s Salvation; if this be not an impious Alienation of things Sacred, and grofs Sacrilege, I know not what elfe is. Furthermore, Charity in its Original and firft Notion is the Love of God, and that Love, which we (hew unto our Neighbour in helping him in his Diftrefs^ and relieving him.in his Wants;, is no Qtherwife Charity, but as it proceeds from the Love of God, and is an aft thereof expreffed unto Man for God’s fake. And how oddly then do you lhew your Charity, when you rob God to give unto Man $ and how abfurdly do you call this Charity, when it. is in truth one of the greateft violations of it ? For when you take away from God and his Church that, which is to fupport his Honour and Worlhip, that which is to maintain his Holy Religion, and carry on thelntereft of his Kingdom among Men, do you not injure him, do you not offer great Wrong unto him, and aft contrary to the Love of him herein > And how then can you call this Charity, when nothing can be fuch, but what proceeds from the love of God is done for his fake? Should any one for our fake give out of his ovyn to help our Servants, when in Diftrefs, or re- leive our Children, when in Want 5 we have reafon td take it kindly at his Hands, and look, on it as an inftance «£ C3« ) of his Love and Affcftion to ns. But if he takes from us our own Goods for this purpofe, and robs us of what is fet apart for our own peculiar Occafions wherewith to do it, it all becomes Wrong and Injury unto us. And fo in like manner if for God’s fake you will give of your own to help and comfort any of God’s Servants, when in Diftrefs, or relieve any of his Children, when in Want, God will accept it at your Hands as an Aft of Love unto him, when it is thus really fuch, and will impute it to you accordingly. But if you take from him the Goods of his own Houfe the Church wherewith to do it, and for this Purpofe rob him of that, which is in a peculiar man¬ ner devoted, and fet apart for his own Service, for the Support ofhisWor(hip, and the maintaining of hisHonour among Men, it all becomes Injury, Wrong, and Impiety againft him, and inftead of that Jove of God, wherein the true Nature of Charity doth confift, .it becomes one of the higheft Violations of it. And here I cannot but obferve, that molt of you, who are fo Zealous in this matter, are fuch, whofe Families are in no danger of needing this Charity after your Deceafe, and yet you muft enjoy the Benefit of it as well as the moft indigent; and alfo that you being.grown aged in the Church are paid all expedi¬ tions df being Succeffors to others in any of the Prefer¬ ments-of it,but arefure of having Succeffors to your felves, which gives aftrongreafon for Sufpicion, that it is not fo much Charity, as'a greedy aim to your .own Tntereft, that is the true Spring which fets this Defign on work, and that the whole Contrivance of it is only to make the moft of your Livings-for your felves, and fecure the,next Har- vdftof them after’your ‘Deceafe ‘for the .Benefit of thofe, to whom you fhallth itlk fit to difpdfe of them: So that While you ay'Charity, .’Charity, and make all this noife about it, you'are'in truth onlyftudying howto enrich your your own Families with the Goods of the Church, and therefore in the fame manner, as Judas, you will have that fold and given to the Poor, which is devoted to Chrift, not that you care for the Poor, but that with an impious Craft like his, you may prog for your own Bag. 4 ly, and Lafly, What you propofe is not only contra¬ ry to Charity, Juftice, and the good of the Church, but will alfo be to the Prejudice and Damage even of thofe,for whofe fake you pretend to defire it, that is, of all the Clergy in Engl and. For, ifi, It is a dangerous Precedent, and may prove of ve¬ ry ill Confequence to add any new load of Charges upon the Clergy at their firft coming to their Livings. There is too much of this upon them already, and if you once ' open a way of adding further to it, you cannot tell where it may at laft end. For men are apt enough already to think they can never put too much upon thofe, who are newly preferred, and if they objeft againfi: it, or in the lead: repine under the burden ( as there is reafon often enough for them fb to do) the anfwer ufu- ally is, what have you not a good Living, and can you not ho content to pay a little out of it ? And by this means of add¬ ing load unto load upon the new preferred (g) it once(g)Thomaffm came to that pafs in the Church of France, that it coft the^g 3 '] 1 ^' Clergy the firft three Years Revenue of their Livings be- a-J cmihui fore they could be fettled clear in them, and it was the I V chlieu . in fourth Year e’er they received any thing out of them for rejtlmmtL- therrifelves. though they ferved the Cure all the white, n And if you dobyfuch a Precedent, as you would make, encourage Men to do foheretoo, it will be the rea- ,/ie'l^wps^fM dieft way to bring you alfo to the Fame pafs. the ciwges of L oh W’ ( 38 ) 2 ly, If the Profits of the Living on an Avoidance, be :to be divided between the Predeceffor andSucceffor in pro¬ portion to the time, which each hath ferved the Cure from the Michaelmas preceding, as you propofe, I muft ask the Queftion, Who is to make the Partition > What each is to have depending upon the value of the Living? There will fo many Controverfies arife about it, as will caufe almoft as many Law-blits, as there (hall be Avoid¬ ances, in which the Plaintiff and the Defendant contend for their Dividend, each will in the Charges of the Suit lofe as much as they Sue for, and often much more, and the Lawyers run away with the whole. So that inftead of obtaining by yourProjeft any Benefit to the Family of the Predeceffor, you will efFefit nothing elfe by it, but only to •fling in a Bone of Contention between them and the Sue- ceffor, to Vex, Turmoil, and Impoverifh them both. 3 ly. If thus you fend Minifters to Courts of Judicature about the Values of their Livings, the effeft of this will be, that the realValues of Ecclefiaftical Benefices will after a while be all publickly proved, and entred on Re¬ cord, which will be a ready way to have the fifth Bond fued upon the Clergy, and all be made pay their Firff-fruits andTenths according to the full extent of what their Liv¬ ings are worth. This was attempted in the time of King James the II, and would have then been certainly put in Execution, but that the Charges, which the King muft have been at to make a new Valuation, when ftated by thofe, who were appointed to confider the matter, did arife fo high in the Computation, as difeouraged him from going on any further with it. But if yourPropofal fhould take effeft, and any Prince hereafter (hall either out of his ill Affeftion to the Clergy, or out of a defire to encreafe his Revenue at their Coft, refume the fame Defign, he will find a Valuation ready made to his Hands, and will have no more to do, than to examine the Records of thofe Courts, where the true values of Livings have been proved on fuch Controverfies, thoroughly to know them. And what then can hinder, but that this Defign may be put in Execution, and fo your Projeft by making way for it prove the Ruin of all the Clergy in the Kingdom ? 4//, Were what you propofe palled into a Law, it would be fo far from being of the lea ft Advantage to any of the Clergy, that even thofe, whom it would bring the great- eft Benefit to, would be more hurt, than helped by it. For by the fame Rule, they are to receive from theSuccef- for, they muft pay to thePredecelfor, and the former will be fo far from making amends for the latter, that when both are ballanced together, the whole will appear to be nothing elfe in the Refult, but Damage, Mifchief, and Oppreffion even to thofe, for whofe fake you pretend chiefly to folicit this matter. For. you take from them, when they firft: come to their Livings, to give to them again, when they fliall die out of them, which reduceth the matter to this Queftion, Whether it be better for the Minifter to have forty Pounds for inftance to his own ufe, when he firft comes in to his Living, or elfe that Sum Twenty, Thirty, Forty, or perchance Fifty Years after for the ufe of his Executor, when he {hall die out of it ? As the Law now is, he is to receive it, when he firft conies into his Living, but according to that Alteration, which you would have made in the Law, it 'is to be taken from him, when he firft comes into his Living, and to be gi¬ ven him again as many Years after,as I have mentioned,when he (hall die out of it. And which of thefe two will be moft for the Advantage of him,and his Family,I think is plain enough to determin. When Minifters firft come to their Livings, they are often put to great Difficulties to defray the Charges of their Admiffion, and fettlement in them5 and there¬ fore ( 4° ) fore theMonywilhhen certainly be moft welcome to them, for want of which they are often forced to borrow upon har'd Terms-, and put to other very difadvantagious Shifts to get wherewith to fupply thbfe Occaiions, Which they then have for it.. Befides, when a Minifter firft fets up in the World, he then hath moft need of all the help, that can be given him, to enable him to fettle among his Peo¬ ple in ftich a manner, as may be fuitable to his Function, and feciire him thofe Refpefts, which are due thereto. And therefore, had he then his Forty Pound (the Sum I have above mentioned for Inftance ) what with the Con¬ venience he will then have in it at a time when he will mdft need it, what with the Benefit of being delivered from the difadvantagious Ways which he muft otherwife take to raife it elfewhere, and what with the Improve¬ ment, and' Advantage, he may after make of it, that which is Forty Pound at his firft coming to the Living may be more worth 'than Four Hundred to his Family at the 'time of his DccUafe. So that in truth under the pre¬ tence 'of befriending the Families of deceafed Minifters you will opprcfs them, and While you Would feern to Te- lieVe them, you ruin them. For you take from them •Pounds to give them Pence,; and to procure a little for them at the time, when the Minifter dies, yon take from tfh&n in the beginning What would be worth more to them in -tbeGondufiOn, 'than fen times as much. T 5 y this means you will reduce all 'the Clergy of England to that ill Cuf- ftom, Which is ftill kept up contrary to the Law in fome Cathedral Churches, of giving the Predece'ffdr'the Year after his Death, and how difadvantagious that is-to eve-, fy one in thofe Churches, is clear enough not tc,encou¬ rage any eJfe to follow the Example. For fuppofing thofe Preferments tnay be worth one, two, or three Hundred f ouhdS'per An'nt/nz, Wtmld. it not be much more to the Ad¬ vantage vantage of every one, that comes into thofe places, to re¬ ceive the firft Years Revenue immediately, when it is due, for his own Ufe and Benefit, when he may perchance moft need it to pay his Firft-fruits, and defray other Charges of his firft Admiffion, than to be put off to have it paid his Executors, thirty, forty, or perchance fifty Years afterwards, when he is deceafed ? Would not the bare Intereft of this for all this while amount to a great deal ? And might not a good Husbandry improvement of it in his own Hands make it much more ? And doth not all this damage at laft redound to his Family? And there¬ fore is not this Cuftom, which fcems to be introduced in their favour, inTruth and Reality a very great Injury and Difadvantage unto them ? And will it not be the fame to the Families of all other Minifters, if the fame Ufage ei¬ ther in part or in whole fhould be brought into pra&ice among them? To you, who have never allowed any fuch thing to your Predeceffors, I confefs it would be an Ad¬ vantage to have this allowance made to you by your Suc- ceffors, and there is reafon to fufpeft, as I have already told you, that your own Intereft in this particular is in truth and reality all that you drive at in this Prop'ofal. But when the Law comes to bear .upon all, and every one muft pay, as well as receive, and pay fo long before he will receive it again, it will be fo far from bringing any Benefit or Relief to any one, that it will be all Damage, Injury, andOppreffion even to thofe, whom you pretend moft to help by it, and in the refult, where a Minifter lives long, may prove a lofs to him and his Family d \tm. times ©^greater Value, than all the Benefit they can receive ° from it. Andthusfar having fully laid open the ill Confequences of your defign in every particular, and clearly fhown, how it is contrary to Charity, Juftice, the Good of theChurch, M and and alfo the Intereft of thofe, for whofe fake you pretend to promote it, I fhould now conclude, but that too much of this being often pra&ifed without a Law, which you would procure a Law for, to the great oppreffion of ma¬ ny poor Clergymen at their firft coming to their Livings, and the great hindrance of that Work, on which they are' fent, I cannot pafs it over without making thofe ReficCti- ons upon it, which the Iniquity of fo foul and un juft a Pra¬ ctice doth deferve. For when aMinifter dies, who leaves a Wife or Chil¬ dren behind him, there is ufually a great cry of Charity for them, and in truth they are often left fit Objefts for it 5 and thofe, who are fo fenfible of it, as thus to call fo loud for Relief for them, would do a very worthy and com¬ mendable aCt, if they would out of their own Purfes con¬ tribute towards it, or find fome other way for the Com¬ fort and Support of the Diftreffed, that would be juftifia- ble and honeft. But inftead of doing this, the Burden is ufually fhifted off from the wealthy Kindred, Friends, and Neighbours of the deceafed, who are moft able, upon one who needs Help and Relief very often as much as the other, and from thofe, who by reafon of their Relation, Friendlhip, or Acquaintance are moft obliged to it, upon one,.who for the moft part is an abfolute Stranger, and the next Succeffor made bear the whole. And to this end affoon as theMinifter is dead, application is ufually made to the Patron to fufpend his prefenting a Succeffor to the Living for the fix Months, which are allowed him by Law for the providing of a new Clerk,and if t hofe will not take in the main. Profits of the Living, theBilhop is next folici- ted, and often prevailed with to add his fix.Months too, that fo the Widow may have the whole Advantage of the Benefice after her Husband’s deceafe, as long as all the Tricks, they can make ufe of can procure it for her, as if (43) his Living were to be her Joynture. And becaufe the Law gives all that accrues from the Avoidance to the next Suc- ceffor, the Patron is alfo engaged not to give his Prefen- tation to his Clerk, but upon Promife, that he will per¬ mit the Widow quietly to enjoy all that, which is by thefe indireft and illegal Means extorted out of the Living for her, and renounce his own right in this particular. And ladly, To compleat the matter the Neighbouring Mini- fters undertake in their turns to fupply the vacant Pulpit for her. And although their own Cures be hereby neg- lefted, and the other after this manner very lamely and infufficiently ferved, and fo the Law of the Church be in a double manner violated and broken by it, yet all mult be overlooked for the fake of the Widow, and the Church-Governours, as well as others, be made negleft their Duty, that her turn may be ferved in fecuring for. her as much of her Husband’s Living after his Deceafe as they are able, and all Parties mud be thought, to be doing a very laudable, and good Aft, that are concerned here¬ in, whereas in truth it is a mod foul Complication of Sa¬ crilege, Simony, and Oppreffion, and wherever praftifed is to the prejudice of the Church, the dilbonour of God, and the great Injury and Wrong of the Minider, that next fucceeds. For, isf. Here is a Promife made by the Clerk before' he hath his Prefentation, that he will'allow the Widow of the deceafed Minider all that, which is defiredj and what, way hath the Patron to oblige him to this, but by telling him, that otherwife he (hall not have the Living, and what is this, but direft and mod manifed Simony? For to pro- wife any thing that is Mony, or Mony’s Worth, in order to obtain the Living hath always been adjudged tobefueb.. And when the Clerk is indituted he fwears, That he hath' made: (44) made no Contract jtor Promife direBly or indireftly by hmfelf, or any other to his Knowledge, or with his confent to any Perfon, or Perfons whatsoever for or concerning the procuring , or obtain - ing of the Living, he is to be injlitnted to. And is not this Praftice of the Patron’s putting fueh a Condition upon his Clerk of making the allowance abovementioned before he gives him his Prefentation, and the. Clerk’s promiling to perform it, direftly contrary to the Tenor of this Oath? And how. then can the Patron exaft any fuch Promife, or the Clerk make it without rendring themfelves both guilty of this horrid Crime ? For the Patron to exaft fuch a Pro¬ mife before he will give the Living, is certainly Simony 5 and for the Clerk to make this Promife, and afterwards take the Oath againft it, is not only Simony, but alfo a moft wilful, and Prefumptuous Perjury. And how can any Patron expeft, when he fends his Clerk into the Cure with two fuch great and horrid Crimes, that the Bleffing of God ihould ever attend him in any thing, that he doth therein ? Or how indeed can either of them expeft any thing elfe, but that, fince the one to obtain the Living yields to fo wicked a Condition, and the other forceth it upon him, the Curfe of God Ihould purfue them both, all their Lives after for fo great aWickednefs? 2. Here is alfo in this Praftice an Alienation of what hath been devoted to God and his Church to another end andpurpofe, whereby the Honour of God, and the Salva¬ tion of the Souls of Men, for the promoting of which the Endowments of Churches were appointed, do fuffer great Obftruftion, and damage through that negleftoftheCurc, which muft necdTaril'y be confequent hereto. So that here is~not only a defeating of the Church of its Endow¬ ments, but alfo of God, and his Holy Religion of all the Ends, for which they were appointed. For Churches are endowed, that Ministers may be maintained in them, and (45) the end and reafon of their Miniftry is to fupport God’s Honour and Worftiip, and promote Piety, and Religion, and fetfonvad the Salvation of the Souls of Men inthePa- rilhes where they are called. But all this mull: fail, and be fet afide, where thisPraftice is made ufe of. For that the Widow of the Deceafed Minifter may have the Profits of the Church for the next Year after his death, no Minifter is appointed to ferve that Cure for a great part of that Year, if not the whole, and where there is' no Minifter, there can be no care taken of the Minifterial Duties, and for want of them Religion, and all that belongs thereto muft neceffarily fink, and run to Ruin. That tbeNeigh- bouring Minifters fupply the Pulpit in their turns doth not falve the Matter. For this is but one part of the Mi¬ nifterial Duty, and that which falls very much (hort of the whole. For befides Preaching, it belongs to the Mi¬ nifter to be alway ready to Adminifter to his People all other fpiritual Ailiftances and Comforts, as their Souls Health (hall require, and to have conftantly a vigilant Eye over them, and to Exhort, Rebuke, Admonifli, and imploy all other Means for their growth in Grace, and in all good Works, as on all Occafions (hall be needful for them. And all this muft be neglected, where there is no Minifter appointed, and fetled upon the Place. Befides, while the Pulpit of the Vacant Church is thus fupplied by' the Neighbouring Minifters in their Turns, they do every one negled their own Pulpits, fo that in Truth, the whole Minifterial Duty is as much neglefted, and the Honour of God, and the Intereft of Religion as much prejudiced by this way of ferving the Cure, as if it were abfolutely, and wholly deferted, and not ferved at all. For although fome part of it be performed in the vacant Parifli by preaching the Word, yet in this Method as much of it is always neg¬ lected in another. For when the Neighbour Minifter N preach- preacheth in the vacant Church, at that time moft certain-, ly there can be no preaching at his own, and therefore, when that little of the Minifterial Duty is performed there, which is all that is intended by this Scheme, it is always purchafed with the "Negleft and Omiffion of as much of it elfewhere. So here is a robbing of God, and his Church of that which is devoted to him, and not this only, but a concomitancy alfo of all the ill Fffefts of it. For by taking away the Maintenance, you take away the Miniftry, and. by taking away the Miniftry, yon take away the Means whereby Religion is fupported, and fo rob God of his Honour and Worlhip, Chrift of his Church, and the People of their everlafting Salvation. And what is this hut Sacrilege with the worft of tbofeConfequences accom- panyingit, which ufe to attend that horrid Impiety? For as Theft is the robbing of Man, fo Sacrilege is the rob¬ bing of God, and how can God be more robbed, than in the manner as I have now faid? 5. How much of Injury and Oppreffion is included in this Praftice in refpeft of theMinifter that next fucceeds in the Living, that hath been already faid, which doth abundantly demonftrate it, and therefore there is no need, that I fhould here repeat it again. And thus far having laid open the iniquity of thisPrac- tice,l hope it may conduce to the undeceiving of many, who have too eafily been drawn in by the fair fhow of Charity, which it carries with it, to make themfelves Aftors here¬ in, and thereby involved themfelves inSimony, Sacrilege, and the great Oppreffion of the Minifier, that next fuc* ceeds, without beingaware of the Wickednefs of what they are a doing. Charity is a moft Pious and Worthy Aft, when performed as it ought, that is, when out of the Love of God we fhow our Love unto our Brethren for his fake, fo as to relieve them, when in diftrefs, and bring help to ( 47 ) them, when they hand in need of it, and the Families of Minifters deceafed are often left fit Objects for it. But to do fuch Impious and Unjuft things to promote it, whereby God is difhonoured, his Church Robb’d, and our Neighbour oppreifed, is to Poifon one of the greateft of Chriftian Virtues with the worft of Corruptions, and turn all into Sin and Iniquity. But here you will perchance fay, though the Succeffor hath the Legal Right to all that accrues from the day of the Avoidance of tire Living, yet is there no Equity for the Predeceffor > Suppofe he lives to the day juft before Harveft begins, muft he Iofe all of it, and although he hath ferved the Cure all the Year before, muft he not at' all be confldered for it, but the Succeffor go away with the whole Revenue of the Benefice, who hath done no¬ thing of the Service, to which it belongs ? To this I an- fwer, what is Equity in this Cafe, and what is not Equi¬ ty, I will lay down in thefe following PofitioM. r. There is neither Juftice, nor Equity, that the Patron fhould intermeddle herewith, or take upon him to deter¬ mine, what part of the Fruits (hall belong to the Ptede- ceffor, and what to the Succeffor. For he hath no right at all to interpofe herein. He is only a Truftee appoint¬ ed by the Church to find a fit Clerk on a Vacancy to pre- fent to the Bifhop for the filling of the Cure, and wherr thisTruft is Executed, his whole Right is fpent, and he hath nothing more to do with the Benefice, Of any tiling belonging to it, till another Avoidance happens. As to the Endowments of the Living, or the Frutts and Profirs accruing from it, he is wholly excluded all manner of Right, "Truft, or Concern in them. For neither the Free¬ hold of the Benefice, nor the Cuftody of the Fruits do de¬ volve unto him at any time, but the former on the death of the Minifter is always in.Abeyance during theVacancy, and' ( 48 ) and tie Fruits are in theCuftody of the Biftiop for the ufe of him; who (hall be next inftitutcd into the Living. And therefore for the Patron to take upon him to difpofe of any of the Fruits of the Living, while void, is what he hath no direft Right to do, and if he doth it indirectly by unjuft Means, he is guilty of Fraud, Collufion, and breach of truft herein, and makes himfelf, and his Clerk, when he forceth him to confent hereto, both Simoniacal and Sacrilegious in fo doing, as I have above (hown. 2. It is not Equity, that the Predeceffor fhould claim to be confidered for ferving the Cure from the Michaelmas preceding, becaufe the Year being from Lady-day to La¬ dy-day , the time in which he ferved the Cure before Lady- day, belongs to the former Year, and he having already received the Fruits of that, he hath had his Reward, and therefore cannot either in Juftice, or Equity Claim it .again. 3. In cafe the Minifter dies immediately after Harveft, there is as much Reafon and Equity, that the Succeffor fhould be allowed out of the Harveft preceding by thePre- deceffor for ferving the Cure to the Lady-day following, as that thePrddeceffor in cafe he dies immediately before HarvefHfiould be allowed out of the Harveft following by the Shcceffor for the time he ferved the Cure from the La¬ dy-day preceding. For the Fruits of the Benefice, at what time foever received, are for the ferving of the Cure for the whole Year 5 and therefore, if there be Equity for the Predeceffor in his Cafe, there muft be alfo the like Equity for the Succeffor in his, orelfeyou muft allow it to neither. 4. If the Predeceffor hath the difad vantage of it, as the Law now ftands, in cafe he dies before Harveft, he hath alfo the Advantage of it in Cafe he dies immediately af¬ ter Harveft, and confequently the Succeffor, as he hath the Advantage in the former Cafe, fo hath he the Difad- vantage (49) vantage in the later. And therefore if the Succeffor be left to take his Difadvantagious lot, as well as his Advan¬ tages, according as it (hall happen, without Remedy or Relief, there is all Reafon and Equity, that the Predecef- for fhould be left fo too, and not that all the Advantage be given to the one, and nothing but the Difadvantage left to the other. And indeed, when both Predeceffor and Succeffor have an equal hazard to each, and both ftand as fair for the one Lot as the other, its Reafon each Ihould be contented with that which happens, be it which it will. 5. If it be thought hard, that the Predeceffor fhould ferve that part of the Year, which he lived in the Cure from the commencing of it, for nothing 5 it is as hard up¬ on the Succeffor, who, when all Charges are dedufted, hath moft an end nothing remaining for ferving the other part. And therefore, fince it hath fo hapned, it is alto¬ gether as equitable, that the one fhould ferve the cure for nothing, as the other5 at leaft if the Predeceffor muff have his Ioffes repaired, there can be no reafon, that Re- prifals fhould be made for them upon the Succeffor out of the Profits of the Year, when he fcarce ever hath any thing of them left over and above bis Charges to pay him- felf. The trueft Equity in both thefe Cafes feems to be, that, fince both are lofers, both fhould bear their own Lofs, and neither of them charge any thing of it upon the other. 6 . It muff be inquired, at what time the Predeceffor’s Right in the Living did begin, whether his Predeceffor might not have died about the fame time, and in Cafe he did, what was allowed him out of the Harvefl: after re¬ ceived. For if he in the fameCafe allowed nothing to his Predeceffor, there is noEquity, nor Reafon, thathisSuc- ceffor fhould allow any thing to him. 0 7. In ( 5 °) 7- In cafe any thing be to be allowed thePredeceffor out of the Living for the time he hath ferved the Cure that Year in which he died, there is all Reafon, and Equity, that all that which is charged upon the Living that Year, be firft dedufted, that is, Firft-fruit, Taxes to the Queen, and Poor, Charges for Inftitution, and Induftion, and all other neceflary Expences, and Payments, which he muff be at on his firft fetling in the Benefice. For all thefe muft be reckoned as the Burdens of the Church that Year, and muft be defrayed out of the Endowments and Revenues of it. And when all thefe are difcharged, and dedufted, if the Overplus ( for that only is the clear Profit that Year) be divided between the Predeceffor and Succeffor in propor¬ tion to the time, which each hath ferved the Cure from Lady-day, it is all which I think in the utmoft Rigor of Equity can be pretended to. But when all thefe Deduc¬ tions are made, I believe there will be very few Livings in England, where there will be any thing found over and above for a Dividend. So that in the refult,after all the Struggle and Noife,that is made in this matter, when it comes throughly to be ex¬ amined and fearched into, the Law, as it is now eftablilh- ed, will be found to be the beft ftated and ftanding Rule, which can be made concerning it, and that there will be no danger of violating either Juftice or Equity, but by Variating from it. But here you will fay, Muft there then be no reguard had to the Poor Widows, and Children of deceafed Mini- fliers? Muft no Compaffion be (hown towards them, or any Provifion at all.made for them? To this, I anfwer, None (ball be more ready, than I will always be for the providing of all fuitable Relief for them in a juftifiable Way. I reckon this is, what we in thisKingdom areDe- feftive and Faulty in.. Moft other Proteftant Churches in other ( 5 1 ) other parts of Chridendom have Provifions for the Wives and Children, which their Minifters may leave behind them at their Deceafe, dated and fetled by Law. And no Chridian State is more obliged to this, than we in this Kingdom, becaufe by that great number of Alienations of Tithes, which were made from the Church into the Hands of the Loity at the Reformation, a multitude of our Liv¬ ings are fo impoveriihed, as not to be fufficient to provide a Minider with a tolerable Competency, while he lives, much lefs to enable him to leave wherewith to fupport a Family after his deceafe. But is there no other way of finding Relief for them, but by robbing God, his Church, and the next Succeffor ? Are there no other Means of pro¬ viding Charity for their Support, but at the price of Simo¬ ny, Sacrilege, and Oppreffion? It is againd this Evil and Impious Way only that I argue: Find out any other, that is juftifiable, and honed:, and I (hall be mod: ready hearti¬ ly and zealoufly to concur with you in it. For I truly think it a great DefeCt among us, and a Reproach to the whole Nation, that fo little is done in it already, fince fo many Reigns are now pad fince the Reformation, in all which it hath been continually complained of, and never yet redreffed. And I think we cannot be excufed, till fome legal Method be fettled by the Government to make Provifi- on herein. And becaufe my dedroying your Way may not be thought to be from any Defign of obdruCting fo good a Work, I will fupply you with another, which after my mod ferious Thoughts on this Matter, feems to me the mod proper for the Purpofe, as being not only free from all the Objections, which I have made againd that, which you have propofed, but that which in all likelyhood will prove the mod effectual to anfwer the End intended, and all this without grieving or opprefling any Body. And an Aft of Parliament can edablilh this way, as well as that, which which you propofe. And therefore, if you will alter your Petition, and put this way into itinftead of the other, you (hall have both my Hand and my Heart to concur with you in it. I will propofe it to you in thefe following Articles, 1. That the whole Body of the Clergy do equally take upon them this Charge of providing for their own Poor, that is, the Poor Widows and Children of Clergymen de- ceafed, in the fame manner, as every Parifh provideth for. thofe that fall into Poverty in it 2. That in order hereto, the Clergy of every County be incorporated, and have ftated Meetings, and proper Offi¬ cers appointed to manage this Matter. 3. That the Officers appointed do Annually lay an equal Rate upon all the Ecclefiaftical Benefices in the County, for the maintaining of thofe Poor belonging to theClergy, in the fame manner as theOverfeers of the Poor do in eve¬ ry Parilh, make a Rate for the maintaining of the Poor be¬ longing to the faid Parilh. 4. That a Licenfe of Mortmain be granted to every fuch Corporation to purchafe and hold Lands to a value in pro¬ portion to the Number of Parilhes, which are in the faid County. 5. That all Parifhesbe difeharged from making Provifi- on for any fuch Poor, as the Clergy are to be charged with according to this Propofal, and that in confiderati- on hereof all Minifters of Parifhes be difeharged from all Poors Rates in their faid Parilhes for their Ecclefiaftical Be¬ nefices, and be charged for them only to the maintaining of their own Poor, and none other. All the Difficulty in this Propofal will be to get theCler¬ gy excufed from being rated for their Benefices to the Pa¬ rochial Poor, But fince hereby the Clergy difeharge the Parilhes (53 ) Pa'rilhes'from fo many Poor, as belong to them, it is but equitable, and reafonable, that the Parilhes' Ihould dis¬ charge them on the other Hand of fo much of theParifh- Rates, as is laid upon their Benefices, in order to maintain them. And the Widows and Children of Clergymen, when reduced to Poverty, and Want, by their Deceafe, have a very juft Claim to the publick Charity of the Na¬ tion, in that they, who left them in this Condition, died in the publick Service of it; and that especially finee the Reafon, why they were not better provided for by the deceafed for the moft part is, becaufe they themfelves were not fufficiently provided for while living in the Station, in which they ferved. Had not the State taken from the Church fo much of its former Endowments,by impropria¬ ting them into Lay-Hands at the time of the Reformation, Minifters would have been in a Condition to have provi¬ ded for their Families themfelves, and therefore the State being the Caufe of that Poverty, in which Clergymen fo often leave their Families behind them, when they die, I reckon they are under a more than ordinary Obligation to take care of a Suitable provifion for them. To turn them over to the Allowance of the Parochial Poor, will be too hard for Perfons of their Condition. The Charafter of thofe they were fo nearly related to, and the rank which the Dignity of their Funftion did put them in, while they were living, do require, that they Ihould be maintained in a better manner than this, after their Deceafe. It was a Rule of Charity among the Jews, (i) that if a Perfon of the better Rank Ihould fall into Poverty, and Want, he Metanoth a- was to be relieved in a manner fuitable to his former Con- nifim ca l 1 - ,c - dition, and there is Reafon for it, becaufe when Men have been habituated to a plentiful and opulent way of living all their Lives pad:, they will need more things even for P the the nceeflary fapport of Life, than other People, who have been more hardily bred, and therefore if allowed no more, than, what is given the meaner fort barely to keep them from ftarving, they cannot be maintained by if„ And therefore fince the Charafter of the Minifter, while he lived, the Dignity of his Funftion, and his Station in the publick Service of the Church, in which he Miniftred, did put him and his Family above the ordinary fort of People, it is reafonable, that his Wife and Children, which he leaves behind him at his deceafe, if afterwards reduced to want, Ihould be conftdered, and provided for in a manner fuitable to their former Condition, and not be brought down fo low, as to be put on the fame Level with the meanett of Beggars, and thevileft ScumofthePeopIein a Parochial Allowance. As this will be a difgrace to the Funftion, and a difhonour to theOrder, of which the Per- fon was, to whom they were fo nearly related, fo alfo will it not only be infufficient to relieve their Need, but more¬ over, carry with it fueh a load of Indignity, and Contempt upon the Perfons themfelves, as none of them, confidering their former Condition,will ever be able to bear or fubmic to, And therefore, as long as there is nci Provifian for them, but in fuch a Way as thisi, which they cannot ac¬ cept of, and which alfo would be infufficient for them if they could, it is the fame thing, as if they were mot pro¬ vided for at all,and it hill liesupon .the Nation to take that care of them, which Charity and Jlattice do require. And in what better Method can it be done, than in this, which I now offer Unto-you ? For if they be put into the Hand's of the Clergy themfelves to- take care of them v Yon may¬ be fare,they-will be. provided for in facha faitable and fuffi- eient manner,as every one of them will- be glad to accept of, and fa all will be fully relieved, and. comfortably fupported b X- by it. And what Iefs can the Nation do towards it,, than appropriate, what the Minifters ufually pay for their Bene¬ fices to the Rates for the Parochial Poor, for this purpofe ? We do not ask a new Rate, or a new Tax for this Chari¬ ty, but only a part of that, which is already eftablilhed, and this for the Maintenance of a part of theNation’s Poor, which they are bound to provide for, as well as the other. Neither do we ask any eafe for the Clergy, in this mat¬ ter, becaufe if they take upon them the whole Charge of providing for the Clergy's Poor, that is, for the Wi¬ dows and Children of Clergymen deceafed, that are left in Want, and do it in fuch a manner as is fuitable to their Condition, as well as their Needs, as it ought to be done, the Expences which the Clergy muft be at here¬ in, will rather exceed, than any way fall fliort of that, which they are now charged with in the Poors-Rates of their Parithes. And therefore what can be more rea- fonable and juft than that, when they take upon them in the manner as I have propofed, the Burden of wholly providing for the former fort of Poor, they be wholly exempted from being charged any thing to the latter, and that at the fame time they difcharge the Laity of the- Poor, which they take into their Care, the Laity dif¬ charge them of the other ? For otherwife, the Clergy- will be charged double to what others are charged on¬ ly fingle, which is by no means intended by this Pro- pofal. And thus far I have- plainly laid before you my- Sentiments concerning the Matter you propofed, and E hope what I have laid, hath by this time made yon fully fee your Error herein. I confefs I have enlarg¬ ed my Difcourfe hereon- to a-much greater length, than ( 5 <) I firft: intended, but becaufe I defire to leave all things o) clear behind me, I could not admit any thing of that, which I thought would conduce hereto. If this hath caufed a Prolixity, which is tedious and offenfive to you, I beg your Pardon, and am, S I R, Tour Humble Servant , March 25. 1703. A. B.