imprudence, with a much greater authority, than the bishop hath an authority of reftraining their liberty, where the wisdom of the church hath not restrained it*: an authority of proceeding fummarily; and depriving them, for whatever failures he hath thought fit to infert in the bond, without de lay and without appeal: and this authority he may exercise ever after, when he pleases, to just the same purposes, as if they had covenanted at first to refign when requested.

Still, without queftion, many good perfons have both required and given bonds of refignation of thefe latter forts: and in many cafes, as no harm at all hath been intended, fo no particular harm hath been done by them. But in fo many more there hath, and it is fo neceffary to go by general rules; and one specious exception doth fo conftantly produce others that are a little lefs fo; till at laft the most pernicious practices creep int, that there is abundant reason to refuse making any contracts whatsoever in order to obtain presentation and more especially there is reason to refuse them, on account of their mischievous influence on the revenues of the church: which was the immediate occafion of my speaking of them now; though I thought it by no means proper to omit the other arguments against them.

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Perhaps it may be faid: If patrons will have bonds of refignation, what can clergymen do? I anfwer, if clergymen will not give them, how can patrons help themselves? They must present without them, or their right must lapfe to the bishop, who will. It may indeed be replied, that though one perfon rejects the offer, another will accept it: and therefore may as well. But this would equally be an excufe for the worft of wrong compliances in every kind: and confequently it is an excufe for none. Befides, it may happen, that by arguing with patrons against such contracts, they may be convinced ; and learn so just an esteem for those, who refuse them decently and respectfully, as not only to prefent them with double pleasure, but do them afterwards greater fervices, than they intended them before. At least whatever clergyman behaves in fo worthy and exemplary a manner, will affuredly, if the rest of his conduct be fuitable to that part, either by the

the care of God's providence, be taifed in the world fome o ther way; or, by the influence of God's Spirit, be made eafy and happy in his prefent fituation.

But it may be objected further, that bishops argue with an ill grace against bonds at prefentation, while they themfelves take them at inftitution. And it must be owned, that in feveral Diocefes, particularly that of Lincoln out of which this was taken, and of Peterborough which was alfo taken from thence, there is an ancient and immemorable custom, (cuftoms, you are fenfible, not being the fame every where ;) for the clerk presented to indemnify the bishop and his officers from all fuits at law for inftituting him. And accordingly in this Diocese, bonds appear to have been taken for that purpofe at all inftitutions for 120 years paft: within which time, there have been nearly, if not quite, 700 given, that are now lying in the registry: And hence we may prefume the practice hath been the fame from the erection of the See. The original of it probably was, that a commiffion of inquiry be ing formerly fent out, as old regifters prove, upon every vacancy † alledged, to certify the bishop, whether the living was really vacant, who was at present the true patron, and whatever else it was requifite he should know in order to inftitute: and the expence of this commiffion, and of the proceedings upon it, being of neceffity confiderable to the clerk, who bore it; the cheaper method of a bond from him to fave the bifhop harmless, was fubftituted in its room. And a further reason might be, that, the bishop having 28 days allowed him, after the presentation was tendered, to confider and inform himself, whether he should institute the clerk prefented or

not ;

* In Lincoln Diocese they are taken only when the Bifhop hath any the least fufpicion about the patronage; in Peterborough and Litchfield always; in Canterbury whenever a new patron prefents; in Gloucefter and Exeter they were taken till the time of the present bishops.

That it was on every vacancy appears from Archbishop Stratford's conftitution, Sæva, A. D. 1342. in Lindw. p. 222. and from Lindw. p. 217. on Archbishop Peckham's conftitution per noftram provinciam verb. Inqui fitionem, and from Bishop Gibson's Codex, p. 857.

It appears from the above conftitution of Stratford, that the clerk paid for the commiffion, and therefore of courfe for all that was done upon it.

not; the clerk was willing and defirous, rather to indemnify the bishop, if he would confent to inftitute him fooner, than to bear the inconvenience, and perhaps charges, of waiting to the end of that time. At least the only defign of this bond was and is, that if the clerk's title to institution be questionable, the bishop may not fuffer by granting it. Now a covenant for this end is furely a very lawful one, and subject to none of the mischiefs, which, I have fhown you, attend bonds to patrons. Nor was any conftitution of church or ftate ever pointed againft it: nor I believe hath any harm ever happened from it.

But I must own too, that there is another condition added to thefe bonds, that the clerk fhall refign his benefice if required by the bishop, in cafe any controverfy arife, whether his inftitution be rightful. But this provifion is, in the bond, expreffed to be made only for the fame purpose with the former, the indemnification of the bishop: and the penalty of the bond is fo moderated, as to ferve that purpose and no other. Accordingly, I have not heard that any one perfon hath ever fcrupled, in point of confcience, to enter into this engagement; the meaning of it being only, that if he prove to have no right, he shall quit: nor indeed, that any one hath found cause to scruple it in point of prudence. For as you may be fure the fulfilling it would never be required without neceffity; fo I believe it hath never yet been required at all. That neither the intention of this covenant was bad, nor the reafons for it contemptible, you will readily allow, on being told, that it began to be inferted conftantly in this Diocese, at the time when our present moft reverend Metropolitan was placed o ver it which feeming innovation was indeed only conforming more exactly to the old example of our Mother See*. But ftill as it is a condition, the infisting on which, in some cafes, might have bad effects, that were not then foreseen +; VOL. IV: though

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* I have seen a bond from the Bishop of Lincoln's registry with this covénant in it, printed in the time of Jac. 2. and the Bishop informs me the covenant hath been used ever fince the Reftoration; how much sooner he knows not.

te. g. A fuit may be begun which would have proved ineffectual. Yet if the Incumbent refign, the expence of a fresh presentation and institution will at least be neceffary for him; but indeed the patron may present ano ther; and in the case of alternate patronage, another will present.

though in fuch cafes it probably never would be infifted on as it never hath: I have determined, with his grace's intire approbation, to omit it for the future.

And, in every thing, I fhall not only be careful to make your burthens no heavier, but if it can be shown me, that I am able to do it, with juftice and equity, I fhall be glad to make them lighter. The fees taken of the clergy in this Diocese, whether at institutions or vifitations, are not varied in any one article from thofe, which were returned to, and not difapproved by, a committee of parliament in the time of my predeceffor. They are the fame, as he informs me, with thofe taken in the time of his predeceffor. Nor have I hitherto found proof, though I have inquired with fome care, that they have been increased at all materially fince the bishopric was founded *. Those of vifitation I am fure have not in the leaft. And yet the diminution of the value of money in that interval hath reduced the fame fum in name and quantity, to perhaps not a fourth of what it was in effect and ufe: on which account proportionable augmentations of fees have been made, I believe, in all temporal courts and offices; and ancient rules to the contrary have been justly deemed obfolete, the reafons of them having ceafed. So that where this hath not been done, or not to any confiderable degree, there is cause to render to all their dues with great fatisfaction.

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And here I muft take the freedom of fpeaking to you about fome dues owing to myself, Synodals and Procurations. The former are an ancient acknowledgement of honour and fubje&tion, reserved by the Bishops of the Western Church, as long ago as when they settled their own share of the tithes, in each parish, to be the future property of the several incumbents: And it took its name from being usually paid at the Synodal meetings. Now, fo fmall a tribute, especially if confidered as a quit rent for fo great a conceffion, can furely never be thought a hardship. The other, procurations, are also a payment several hundred years old, fucceeding in the place of a much more expensive obligation, that of entertaining the bishop and his attendants, when he visited each parish. Neither of them hath been increased fince their first beginning ;.

*ie. Allowing each of the new inftruments that are required, to coft as much as each of the old ones.

ning; the right to both is indifputably legal; and, as I am fworn to maintain all the rights of my See, I promise myself none of you will force me to do it in a way, that cannot be more difagreeable to you, than it will to me. If any one pleads, that complying with the demand of fo trifling a sum will be inconvenient to him, it shall be more than returned him. If any one doubts, whether it is incumbent on him or not his reafons for the doubt, whenever he lays them before me, fhall be impartially confidered, and allowed their full weight. But I hope no person will think it either decent or juft, merely to refufe, without affigning a fufficient caufe: and difufe for fome years is not fufficient, in a matter, like this, of common right. Moft of my clergy have very punctually shown me this little mark of their regard, amongst many greater. Whether any here prefent have omitted it, I do not know. But I truft you will all have the candor to think I have mentioned it, not from any wrong or mean motive, but because I apprehend it my duty, and have not the least doubt of your willingness to be informed or reminded of every part of yours.

And with this kind of digreffion I must conclude for the prefent. If God prolong my life and health to another opportunity, I fhall proceed to the remainder of the subject. In the mean time, I heartily pray him to direct and bless you in all things.