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A61555 Ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the Right Reverend Father in God, Edward, Lord Bishop of Worcester. Stillingfleet, Edward, 1635-1699. 1698 (1698) Wing S5593; ESTC R33861 132,761 428

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their Consciences fly in their Faces and they condemn themselves for their evil Actions And then these very Instances are an Argument against Infidelity for we may justly presume that they would shake off their Fears of another World if they could But why should some Instances of this Nature signifie more against Religion than the many Remarkable Examples of a Godly Righteous and Sober Life among the Clergy to a stronger Confirmation of it For they have had greater Occasion of searching into all the Considerable Difficulties about Religion than others can pretend to and I do not know any that have imployed most Time and Pains about it but have had greater Satisfaction as to the Truth and Excellency of it Thus I have endeavoured to remove the most common Prejudices of our Times against our Profession It would now be proper for me to give some particular Directions to you but that is so much the business of the following Discourses that I shall refer you to them and commend you to the Grace and Blessing of Almighty God that you may so carefully discharge your Duties in this World that it may advance your Happiness in another I am Your Affectionate Friend and Brother EDW. WIGORN Hartlebury C. Apr. 23. 1698. ERRATA PReface pag. viii lin 7. read Birinus p. xii l. 7. r. Kington P. 26. l. 21. after fraudes add p. 126. l. 11. r. Birinus p. 129. l. 9. r. Wulstan p. 142. l. 7. r. Flocks they go to p. 157. l. 17. after but insert to perswade you p. 226. l. 5. for more r. meer p. 236. l. 9. for Titles r. Tithes p. 241. l. 9. r. A●b●rdus p. 254. l. 17. r. Guthrun p. 256. l. 17. for than r. as THE CONTENTS CASE I. THE Bishop of Worcester's Charge to the Clergy of his Diocess in his Primary Visitation c. p. 1. II. Of the Nature of the Trust committed to the Parochial Clergy c. p. 103. III. Of the particular Duties of the Parochial Clergy c. p. 175. IV. Of the Maintenance of the Parochial Clergy by Law p. 229. V. Of the Obligation to observe the Ecclesiastical Canons and Constitutions c. p. 325. To which is annexed a Discourse concerning Bonds of Resignation c. A Catalogue of Books published by the Right Reverend Father in God Edward Lord Bishop of Worcester and sold by Henry Mortlock at the Phoenix in St. Paul's Church-Yard A Rational Account of the Grounds of the Protestant Religion being a Vindication of the Lord Archbishop of Canterbury's Relation of a Conference c. from the pretended Answer of T. C. The second Edition Folio Origines Britannicae or the Antiquities of the British Churches with a Preface concerning some pretended Antiquities relating to Britain in Vindication of the Bishop of St. Asaph Folio Irenicum A Weapon-Salve for the Churches Wounds Quarto Origines Sacrae or a Rational Account of the Grounds of Christian Faith as to the Truth and Divine Authority of the Scriptures and the Matters therein contained The Fifth Edition corrected and amended Quarto The Unreasonableness of Separation or an impartial Account of the History Nature and Pleas of the present Separation from the Communion of the Church of England Quarto A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it in Answer to some Papers of a revolted Protestant wherein a particular Account is given of the Fanaticism and Divisions of that Church Octavo An Answer to several late Treatises occasioned by a Book entitled A Discourse concerning the Idolatry practised of the Church of Rome and the hazard of Salvation in the Communion of it Part I. Octavo A Second Discourse in Vindication of the Protestant Grounds of Faith against the Pretence of Infallibility in the Church of Rome in answer to the Guide in Controversie by R. H. Protestancy without Principles and Reason and Religion or the certain Rule of Faith by E. W. With a particular Enquiry into the Miracles of the Roman Church Octavo An Answer to Mr. Cressy's Epistle Apologetical to a Person of Honour touching his Vindication of Dr. Stillingfleet Octavo A Defence of the Discourse concerning the Idolatry practised in the Church of Rome in Answer to a Book entitled Catholicks no Idolaters Octavo Several Conferences between a Romish Priest a Fanatick Chaplain and a Divine of the Church of England being a full Answer to the late Dialogues of T. G. Octavo The Council of Trent Examin'd and Disprov'd by Catholick Tradition in the main Points in Controversie between Us and the Church of Rome with a particular Account of the Times and Occasions of Introducing them A Discourse concerning the Doctrine of Christ's Satisfaction or the true Reasons of his Sufferings with an Answer to the Socinian Objections and a Preface concerning the true State of the Controversie about Christ's Satisfaction Octavo Second Edition A Discourse in Vindication of the Doctrine of the Trinity with an Answer to the late Socinian Objections against it from Scripture Antiquity and Reason And a Preface concerning the different Explication of the Trinity and the Tendency of the present Socinian Controversie Octavo Second Edition The Bishop of Worcester's Answer to Mr. Locke's Letter concerning some Passages relating to his Essay of Humane Understanding mention'd in the late Discourse in Vindication of the Trinity Octavo The Bishop of Worcester's Answer to Mr. Locke's Second Letter wherein his Notion of Idea's is proved to be inconsistent with it self and with the Articles of the Christian Faith Octavo Sermons preached upon several Occasions in three Volumes in Octavo The Effigies of the Right Reverend Father in God Edward Lord Bishop of Worcester Engraven on a Copper-Plate Price 6 d. THE BISHOP OF WORCESTER'S CHARGE TO THE CLERGY of his DIOCESE In his Primary Visitation begun at Worcester September 11 th 1690. My Brethren THIS being my Primary Visitation I thought it fitting to acquaint my self with the Ancient as well as Modern Practice of Episcopal Visitations and as near as I could to observe the Rules prescribed therein with respect to the Clergy who are now summoned to appear And I find there were two principal Parts in them a Charge and an Enquiry The Charge was given by the Bishop himself and was called Admonitio Episcopi or Allocutio wherein he informed them of their Duty and exhorted them to perform it The Enquiry was made according to certain Articles drawn out of the Canons which were generally the same according to which the Iuratores Synodi as the ancient Canonists call them or Testes Synodales were to give in their Answers upon Oath which was therefore called Iuramentum Synodale for the Bishop's Visitation was accounted an Episcopal Synod The former of these is my present business and I shall take leave to speak my Mind freely to you this first time concerning several things which I think most useful and fit to be
Lord of hosts Mal. 2. 7. If this held in the Levitical Priesthood much more certainly under the Gospel where the Rates and Measures of our Duties are not to be determined by Levitical Precepts but by the general Reason and Nature of Moral Actions VIII Among the Duties of Publick Worship I must put you in mind of a Frequent Celebration of the Lord's Supper There is generally too great a Neglect of this which is the most proper part of Evangelical Worship The Duties of Prayers and Praises are excellent and becoming Duties as we are Creatures with respect to our Maker and Preserver The Duty of hearing the Word of God read and explained is consequent upon our owning it to be the Rule of our Faith and Manners and all who desire to understand and practise their Duty can never despise or neglect it But that solemn Act of Worship wherein we do most shew our selves Christians is the celebrating the Holy Eucharist For therein we own and declare the infinite Love of God in sending his Son into the World to die for Sinners in order to their Salvation and that this is not only a true Saying but worthy of all Men to be credited Therein we lift up our Hearts and give Thanks to our Lord God we joyn with Angels and Archangels in lauding and magnifying his glorious Name Therein we not only commemorate the Death and Sufferings of our Lord but are made Partakers of his Body and Blood after a Real but Sacramental Manner Therein we offer up our selves to God to be a Reasonable Holy and Lively Sacrifice unto him Therein we Adore and Glorifie the ever Blessed Trinity and humbly implore the Grace and Assistance of our ever Blessed Mediator And what now is there in all this which is not very agreeable to the Faith Hope and Charity of Christians Nay what Duty is there which so much expresses all these together as this doth Nor whereby we may more reasonably expect greater Supplies of Divine Grace to be bestowed upon us What then makes so many to be so backward in this Duty which profess a Zeal and Forwardness in many others If we had that Warmth and Fervor of Devotion that Love to Christ and to each other which the primitive Christians had we should make it as constant a part of our publick Worship as they did but this is not to be expected Neither did it always continue in the Primitive Church when Liberty and Ease and worldly Temptations made Persons grow more remiss and careless in the solemn Duties of their Religion S. Chrysostom takes notice in his time of the different Behaviour of Persons with respect to the holy ●●charist There were some who pretended to greater Holiness and Austerity of Life than others who withdrew from the common Conversation of Mankind and so by degrees from joining in the Acts of publick Worship with them Which did unspeakable Mischief to Christianity for then the Perfection of the Christian Life was not supposed to consist in the Active Part of it but in Retirement and Contemplation As tho' our highest Imitation of Christ lay in following him into the Wilderness to be tempted of the Devil and not in walking as he walked who frequented the Synagogues and went about doing good But this way of Retirement happening to be admired by some great Men the Publick Worship came to be in less esteem and others upon Reasons of a different Nature withdrew themselves from such Acts of Devotion as required a stricter Attendance and a more prepared Temper of Mind And there were some who did abstain because they were not so well satisfied with themselves as to their own Preparations and such as these S. Chrysostom seems to favour rather than such who came often without due care as to the whole Course of their Lives only out of custom or out of regard to the Orders of the Church From hence many thought it better to forbear as long as they did it not out of Contempt And so by degrees the People were content to look on it as a Sacrifice for them to be performed by others rather than as an Office wherein they were to bear a part themselves at least they thought once or thrice a Year sufficient for them And to this as appears by our old Provincial Constitutions they were forced by severe Canons When the Reformation began this Disuse of this holy Sacrament was looked on by the chief Reformers as a great Abuse and Corruption crept into the Church which ought by all means to be reformed and the frequent Celebration of it set up in the Reformed Churches But unreasonable Scruples in some and Misapprehensions in others and a general Coldness and Indifference as to Matters of Religion have hitherto hindered the Reviving this Primitive Part of Devotion among us I do not go about to determine the Frequency in your Parishes which the Scripture doth not as to the Christian Church but supposes it to be often done but I may require you to take care that Christ's Institution be observed among you and that with your utmost care both as to the Decency and Purity of it The last thing I recommend to you all is To have a great care of your Conversations I do not speak it out of a distrust of you I hope you do it already and your Case will be so much worse if you do it not because you very well know how much you ought to do it For the Honour of God and Religion and the Success of your Ministry as well as your own Salvation depend very much upon it Lead your Flock by your Example as well as by your Doctrine and then you may much better hope that they will follow you for the People are naturally Spies upon their Ministers and if they observe them to mind nothing but the World all the Week they will not believe them in earnest when on the Lords Days they perswade them against it And it takes off the Weight of all Reproof of other Mens Faults if those they reprove have reason to believe them guilty of the same I do not think it enough for a Preacher of Righteousness merely to avoid open and scandalous Sins but he ought to be a great Example to others in the most excellent Virtues which adorn our Profession not only in Temperance and Chastity in Iustice and ordinary Charity but in a readiness to do good to all in forgiving Injuries in loving Enemies in evenness of Temper in Humility and Meekness and Patience and Submission to God's Will and in frequent Retirements from the World not meerly for Study but for Devotion If by these and such things you shine as Lights among your People they will be more ready to follow your Conduct and in probability you will not only stop their Mouths but gain their Hearts For among all the Ways of advancing the Credit and Interest of the Church of England one of the most succesful
years For nothing can be plainer in our History than what is affirmed in two of our Laws Stat. of Carlisle 25 E. 1. and the Stat. of Provisors 25 E. 3. That the Church of England was founded in Prelacy or Diocesan Episcopacy For our first Bishops were so far from being confined to one Church or Town that at first in the Saxon-Division of Kingdoms every Bishop had his Diocess equal with the Extent of the Kingdom except in Kent where one Suffragan to the Archbishop at Rochester was confirmed The first Conversion of the English Nation to Christianity from Paganism was by the Diocesan Bishops who were sent hither from several Parts and the Presbyters imployed by them and as the Number of Christians increased the Number of Bishops did so too so that in the Parts of Mercia one Diocess was divided into five that they might the better look after the Government of them and every Bishop as appears by the Saxon-Councils was bound to see parochial Churches built and the Clergy to be settled in them to attend upon the Duties of their Function among the people committed to their Charge That which I have aimed at in this Discourse was to shew That the Original Constitution of this Church was Episcopal but yet that the Bishops did still design to fix a Parochial Clergy under them as Churches could be built and endowed It remains now to shew That this Constitution of a Parochial Clergy is more reasonable than that of an unfixed and unsettled Clergy by Law which will easily appear if we consider 1. The greater Advantage as to Unity and real Edification among the People For this makes them to be as one Body within certain Bounds And the People know whither to resort for publick Worship and Sacraments and the Inconveniencies as to the difference of Mens Abilities is not so great as the Inconveniency of a broken divided people as to Religion which always creates Suspicions and Jealousies and generally Contempt and Hatred of each other And I think every wise and good Christian will consider that which tends to Peace and Unity is really more Edifying than a far better Talent of Elocution or the most moving Way of exciting the Fancies and Passions of Hearers For S. Paul tells us Charity is beyond miraculous Gifts It is easie to observe that the wisest Methods are seldom the most popular because the generality of Mankind do not judge by Reason but by Fancy and Humour and Prejudices of one kind or other From hence the Heats of Enthusiasm and odd Gestures and vehement Expressions with no deep or coherent Sense take much more with ordinary and injudicious people than the greatest Strength and clearness of Reason or the soundest Doctrine and the most pious Exhortation if they be not set off in such a Way as strikes their Imaginations and raises their Passions And this is that which such do commonly call the most Edifying Way of Preaching which is like the coming up of the Tide with Noise and Violence but leaves little Effect whereas the other is like a constant Stream which goes on in a steady and even Course and makes the Earth more fruitful The one is like a Storm of Thunder and Lightning which startles and confounds and amuses more but the other is like a gentle Rain which softens and mellows the Ground and makes it more apt to produce kindly and lasting Fruit. We are to judge of true Edification not by the sudden Heat and Motion of Passions but by producing the genuine Effects of true Religion which are fixing our Minds on the greatest and truest Good and calming and governing our disorderly Passions and leading a godly righteous and sober Life But we too often find violent and boisterous Passions an ungovernable Temper Envy Strife and Uncharitableness growing up with greater Pretences to Zeal and better Ways of Edification I never expect to see the World so wise as to have Persons and Things universally esteemed according to their Real Worth For there will be a Tincture in most persons from Temper and Inclination and the Principles of Education but generally speaking Matters of Order and Decency and Things which tend to a publick Good affect those most who have the best Judgment and Temper and irregular Heats and disorderly Methods of praying and preaching those whose Religion makes more Impression upon their Fancies than their Judgments and is seen more in the inflaming their Passions than in keeping them in their due Order 2. There is a greater Advantage as to Discipline For if among the Teachers they are under no Bounds nor Subjection to a Superiour Authority it is very easie to avoid any kind of Censure for the most corrupt Doctrines or Practices We cannot boast much of the strict Exercise of Discipline among us and one great Reason is That many have more mind to complain of the Want of it than to do their Endeavour to amend it We hear of many Complaints of the Clergy in general and sometimes by those who have more mind to have them thought guilty than to prove them so for fear they should acquit themselves or at least the Church should not bear the blame of their Miscarriages But we cannot proceed arbitrarily we must allow them timely notice and summon them to appear and a just Liberty of Defence but if upon Proof and sufficient Evidence we have not proceeded against them with the just Severity of the Law then we ought to bear the Blame but not otherwise But whatsoever personal Neglects or Faults there have been or may be my Business is to shew that our Way is much better fitted for the just Exercise of Discipline than that of Independant Congregations altho' the Managers of them pick and cull out the best they can for their Purpose and one would think when they had made choice of Members to their mind and bound them together by an Explicit Covenant they should be very easie and tractable and submissive to their own Discipline But they have found the contrary by their sad Experience they grow too heady and wilful to bear any such thing as strict Discipline for when they had the Courage to exercise it their Congregations were soon broken to pieces and the several divided Parts were for setting up new Heads one against another till at last they found it was much easier to be Teaching than to be Ruling Elders And so they have let the Reins of Discipline fall to keep their Congregations together But suppose the Teachers should fall out among themselves as to give a fresh and late remarkable Instance Suppose some set up Antinomianism and preach such Doctrines to the People or Flocks before you which others think of dangerous Consequence What is to be done in such a Case They may send some Brethren to enquire whether the Matters of fact be true Suppose they find them true What then What is to be done next It may be some would have them come up
with it since they let go so many Advantages over the People by the Reformation Thanks be to God we have Scripture and Reason and Antiquity of our side but these are dry and insipid things to the common People unless some Arts be used to recommend them But since our main Support lies in the Honesty and Justice of our Cause without Tricks and Devices we ought to look very well to that part of our Profession which keeps up any Reputation among the People and that is Preaching Those who are so weak or lazy as to be glad to have that laid aside too in a great measure never well considered the Design of our Profession or the way to support it It 's true for some time Preaching was an extraordinary thing in the Church and none but Great and Eloquent Men of Authority in the Church were permitted to preach and the greatest Bishops were then the Preachers as appears by the Sermons of S. Ambrose S. Chrysostom S. Augustin c. And even some of the Bishops of Rome whatever Sozomen saith were frequent Preachers as appears by Gregory's Homilies on Ezekiel and the Gospels And if it were not then practised he did very ill to complain of the Burden of it and the Danger of neglecting it But in other Churches while the Bishop and the Presbyters lived together before parochial Cures were settled the Presbyters had no constant Office of preaching but as the Bishops appointed them occasionally But afterwards when the Presbyters were fixed in their Cures they were required to be very diligent and careful in preaching or instructing the people committed to their Charge as may be seen in many early Canons of the Gallican Church and so it was here in England Council of Cloveshoo c. 8. 14. Egbert Can. 3. and that not only in the moving way in the Pulpit but in the familiar and instructing way which we call Catechizing Concil Cloveshoo c. 11. Can. Egbert 6. Both ought to be done because they are both very useful The Principles and Foundations of Religion must be well laid to make the people have any Taste or Relish of preaching otherwise it is like reading Mathematicks to those who understand not Numbers or Figures Erasmus observes that the Sense of Religion grows very cold without preaching and that the Countess of Richmond Mother to H. 7. had such a Sense of the Necessity of it in those times that she maintained many Preachers at her own Charges and imployed Bishop Fisher to find out the best qualified for it And since the Reformation the Church of Rome hath been more sensible of the Necessity of it as appears by the Council of Trent Cardinal Borromeo one of the most Celebrated Saints since that time frequently insists upon it gives Directions about it and speaks of it as a thing which tends very much to the Glory of God and the Salvation of Souls And to the same purpose other Great Men among them as Cardinal Palaeotus Godeau Bordenave and others Would it not then be a great Shame for us who pretend to a Zeal for Reformation and the true Religion to neglect or lessen the Reputation of those things which our Adversaries have learnt from us and glory in them and those are Diligence in Preaching and Catechizing Which none can despise who value Religion none can neglect who have any Regard to the Interest or Honour of their Profession 3. The next Duty is the solemn Administration of the Sacraments which ought to be done in the publick Assemblies where there is not a great Reason to the contrary The Saxon Canons are express That Baptism unless in Case of Necessity should be administred only in due Times and Places Egber Can. 10 11. While the Ancient Discipline was kept up and Baptism only celebrated at the great Festivals there was a Necessity of its being publick and the Catechumens underwent several Scrutinies which lasted several days in the Face of the Church as S. Augustin observes after they had been kept under private Examination for some time before But when whole Nations were not only converted but Infants generally baptized the former Method of Discipline was changed But yet the Church retained her Right as to Satisfaction about the due Admission of her Members And that is the true Reason why after private Baptism the Child is required to be brought to the publick Congregation For Baptism is not intended to be done before a select Number of Witnesses but in the Face of the Church which is the regular and solemn Way however the Bishop may dispense in some particular Cases which he judges reasonable At first Baptism was administred publickly as Occasion served by Rivers as Bede saith Paulinus baptized many in the Rivers before Oratories or Churches were built Afterwards the Baptistery was built at the Entrance of the Church or very near it which is mentioned by Athanasius S. Chrysostom S. Ambrose S. Augustin c. The Baptistery then had a large Bason in it which held the Persons to be baptized and they went down by Steps into it Afterwards when Immersion came to be disused Fonts were set up at the Entrance of Churches But still the place was publick But in Case of Necessity there is a Form prescribed and I do not see how any without leave can use the Form of Publick Baptism in private Houses which is against both our Ancient and Modern Canons In the Greek Church it is Deprivation to do it and the Synod under Photius confirms it both as to the Eucharist and Baptism because publick Order is to be preserved But it is there understood to be done in Opposition to the Bishop's Authority whose Consent may make the Case different if they judge it reasonable But Ministerial Officers are not Judges in an equitable Case against a standing Rule 4. Another Duty of the parochial Clergy is to be able and ready to resolve Penitential Cases which relate to the Internal Court of Conscience and not the External and Judiciary Court which respects the Honour of the Church as to scandalous Offences committed by the Members of it And this takes in the Private and Occasional Duties of the parochial Clergy for they ought to inform themselves of the Spiritual Condition of their People that they may be able to give suitable Advice and Directions to them both in Health and Sickness But chiefly to be able to give them safe and seasonable Advice under Troubles of Conscience by reason of wilful Sins Duarenus a very considerable Lawyer thinks the main Business of the Clergy as to the Cure of Souls lies in the Power of Binding and Loosing i. e. in dealing aright with the Consciences of Men as to the Guilt of their Sins And the Rules of the Penitential Court are different from those of the Ecclesiastical Court as well as the End is different In the
are fain to borrow from the old Stock and scarce any thing worth Answering hath been said by them but hath been often said and with more Force by their Masters And the best Philosophers of this Age have given up the Cause of Atheism as indefensible so that the Being of God and Providence seems to be established by a General Consent and if any secretly be of another Mind they think it not for their Reputation to own it The main Pretence now is against Revealed Religion but without offering to shew how so great and considerable a Part of Mankind as the Christian Church hath been made up of came to be so imposed upon as to a Doctrine which advances Morality to the greatest Height and gives Mankind the most assured Hopes of a Blessed Immortality when nothing like Interest and Design as to this World could be carried on by the First and Greatest Promoters of it But we are told in a late Complaint made abroad by a Friend of our Deists wherein I am particularly concerned That we make Objections for them which are most easie to answer and pass over their most considerable Difficulties Which is a very unjust Charge and cannot be made good but by producing those Considerable Difficulties which we have taken no Notice of For my part I know of none such and we make no Objections for them however we may think it our Duty to lay open the Weakness of them when we are importuned to do it which was my Case in the Treatise I suppose he refers to If they keep their Considerable Difficulties to themselves I know not how we should be able to answer them But it is the common way in a baffled Cause still to pretend that the main Difficulties were not produced But this is not a proper Occasion to insist lon●er on these Matters my present Business is to answer the Objection which immediately regards the Clergy and the Summ of it is That our Profession rather hinders than confirms the Belief of Religion because they who plead for what makes for their Interest are always suspected to be swayed more by Interest than by Reason To give a full and clear Answer to this we must consider That however Mankind are apt to be swayed by Interest yet the Truth and Reason of Things do not at all depend upon them for a Thing is not true or false in it self because it makes for or against a Man and the Measures of judging Truth and Falshood are quite of another Nature and so Mens Interests come not into Consideration So that in this Case they are not to examine whose Turn is served whether such a Thing be true or false but whether there be sufficient Evidence to convince an impartial Mind of the Truth of it for let the Reasons be produced by whom they please the Grounds of Conviction are the same If a Man in a Dispute about Surveying a piece of Land which he claimed a Right to should appeal to the Elements of Geometry in his Case would the Evidence be less because he was concerned in the Land But we proceed farther Suppose it be for the Interest of Religion in a Nation for an Order of Men to be set apart on purpose to attend the Services of it and that there should be great Incouragements for their Education and a Maintenance set apart for their Subsistence afterwards that they may not live in Dependance on the Humours and uncertain Fancies of the People how can such a Constitution take off from the Credibility of that Religion which they are to support Was it any lessening to the Authority of the Law of Moses that the Tribe of Levi was so plentifully provided for by God's own Appointment They were to teach the Law to the People in the Places where they were dispersed among the several Tribes And suppose it had been then said Why should we believe what you say when you live by it You have Cities and Lands and Tithes and Oblations and Dignities among you no wonder you set up this Law as Divine and Holy but we get nothing by it but part with a Share of our Profits to maintain you What then Was the Law therefore false and Moses an Impostor These are hard Consequences but they naturally follow from such a Supposition And if such an Inference were not reasonable then neither will it appear to be so now But we do not pretend that the Parochial Settlement of our Clergy is by such a Divine Law as the Levitical Priesthood was but this we do insist upon That the Christian Religion being owned and established in the Nation there was a necessary Reason from the Nature of it and the Obligation to Preserve and Support it that there should be an Order of Men set apart for that End that they should instruct the People in it and perform the several Offices belonging to it and that a sufficient Maintenance be allowed them by the Law of the Land to support them in doing their Duties And I appeal to any Men of Sense or of common Vnderstanding whether on Supposition that our Religion is true these be not very just and reasonable Things How then can that make a Religion suspected to be false which are very reasonable supposing it to be true If it be true as most certainly it is are not they bound to maintain it to be true And can it be the less so because their Subsistence depends upon it Therefore all the Impertinent Talk of our Profession being a Trade can signifie nothing to any Men that understand the Difference between Scarron and Euclid or the way of Burlesquing and of Demonstration There is still one common Prejudice to be removed and that is That too many of those who preach up our Religion as true do not live as if they believed it to be so We are very sorry there should be any Occasion given for such a Reproach as this and we hope there are not so many Instances of it as some would have it believed Woe be to those by whom such Offences come But supposing the Instances true is there any Religion in the World considering the Follies and Infirmities of Mankind which can secure all the Professors of it from acting against the Rules of it But if such Instances are sufficiently proved there ought to be the greater Severity used in such Cases because Religion it self as well as the Honour of our Church suffers so much by them But it will still be said That these Persons are secret Infidels and believe nothing of what they profess This is another Point how far bad Lives are consistent with sound Opinions Some that think that Men act consistently will not allow that Bad Men can be any other than meer Infidels but others who consider the Prevalency of Mens Lusts and Passions over their Reasons are apt to think that they may retain their good Opinions even when they act contrary to them But then
Education of Children must lie upon Parents but yet Ministers ought not only to put them in mind of their Duty but to assist them all they can and by publick Catechizing frequently to instruct both those who have not learned and those who are ashamed to learn any other way And you must use the best means you can to bring them into an Esteem of it which is by letting them see that you do it not meerly because you are required to do it but because it is a thing so useful and beneficial to them and to their Children There is a great deal of difference between Peoples being able to talk over a Set of Phrases about Religious Matters and understanding the true Grounds of Religion which are easiest learned and understood and remembred in the short Catechetical Way But I am truly sorry to hear that where the Clergy are willing to take pains this way the People are unwilling to send their Children They would not be unwilling to hear them instructed as early as might be in the way to get an Estate but would be very thankful to those who would do them such a kindness and therefore it is really a Contempt of God and Religion and another World which makes them so backward to have their Children taught the Way to it And methinks those who have any Zeal for the Reformation should love and pursue that which came into Request with it Indeed the Church of Rome it self hath been made so sensible of the Necessity of it that even the Council of Trent doth not only require Catechizing Children but the Bishops to proceed with Ecclesiastical Censures against those who neglect it But in the old Provincial Constitutions I can find but one Injunction about Catechizing and that is when the Priest doubts whether the Children were Baptized or not and if they be born eight days before Easter and Whitsontide they are not to be Baptized till those days and in the mean time they are to receive Catechism What is this receiving Catechism by Children before they are eight days old It is well Exorcism is joyned with it and so we are to understand by it the Interrogatories in Baptism and Lyndwood saith the Catechism is not only required for Instruction in Faith but propter sponsionem when the Godfather answers De Fidei Observantiâ It is true the Canon Law requires in adult Persons Catechizing before Baptism but I find nothing of the catechizing Children after it and no wonder since Lyndwood saith the Laity are bound to no more than to believe as the Church believes nor the Clergy neither unless they can bear the Charges of studying and have Masters to instruct them This was good Doctrine when the Design was to keep People in Ignorance For Learning is an irreconcilable Enemy to the Fundamental Policy of the Roman Church and it was that which brought in the Reformation since which a just Care hath still been required for the Instruction of Youth and the Fifty ninth Canon of our Church is very strict in it which I desire you often to consider with the first Rubrick after the Catechism and to act accordingly IV. After Catechizing I recommend to you the due Care of bringing the Children of your Parishes to Confirmation Which would be of excellent use in the Church if the several Ministers would take that pains about it which they ought to do Remember that you are required to bring or send in Writing with your Names subscribed the Names of all such Persons in your Parish as you shall think fit to be presented to the Bishop to be confirmed If you take no care about it and suffer them to come unprepared for so great so solemn a thing as renewing the Promise and Vow made in Baptism can you think your selves free from any Guilt in it In the Church of Rome indeed great care was taken to hasten Confirmation of Children all they could Post Baptismum quam citius poterint as it is in our Constitution Provincial in another Synodical the Parochial Priests are charged to tell their Parishioners that they ought to get their Children confirmed as soon as they can In a Synod at Worcester under Walter de Cantilupo in the time of Henry III. the Sacrament of Confirmation is declared necessary for Strength against the Power of Darkness and therefore it was called Sacramentum pugnantium and no wonder then that the Parochial Priests should be called upon so earnestly to bring the Children to Confirmation and the Parents were to be forbidden to enter into the Church if they neglected it for a Year after the Birth of the Child if they had opportunity The Synod of Exeter allowed two Years and then if they were not Confirmed the Parents were to Fast every Friday with Bread and Water till it were done And to the same purpose the Synod of Winchester in the time of Edw. I. in the Constitutions of Richard Bishop of Sarum two Years were allowed but that time was afterwards thought too long and then the Priest as well as the Parents was to be suspended from Entrance into the Church But what preparation was required None that I can find But great care is taken about the Fillets to bind their Heads to receive the Unction and the taking them off at the Font and burning them lest they should be used for Witchcraft as Lyndwood informs us But we have no such Customs nor any of the Reformed Churches We depend not upon the Opus operatum but suppose a due and serious preparation of Mind necessary and a solemn Performance of it I hope by God's Assistance to be able in time to bring the Performance of this Office into a better Method in the mean time I shall not fail doing my Duty have you a care you do not fail in yours V. As to the Publick Offices of the Church I do not only recommend to you a due Care of the Diligent but of the Devout Performance of them I have often wondred how a fixed and stated Liturgy for general Use should become a matter of Scruple and Dispute among any in a Christian Church unless there be something in Christianity which makes it unlawful to pray together for things which we all understand beforehand to be the Subject of our Prayers If our common Necessities and Duties are the same if we have the same Blessings to pray and to thank God for in our solemn Devotions why should any think it unlawful or unfitting to use the same Expressions Is God pleased with the change of our Words and Phrases Can we imagine the Holy Spirit is given to dictate new Expressions in Prayers Then they must pray by immediate Inspiration which I think they will not pretend to lest all the Mistakes and Incongruities of such Prayers be imputed to the Holy Ghost but if not then they are left to their own Conceptions and the
Spirits Assistance is only in the exciting the Affections and Motions of the Soul towards the things prayed for and if this be allowed it is impossible to give a Reason why the Spirit of God may not as well excite those inward Desires when the Words are the same as when they are different And we are certain that from the Apostles times downwards no one Church or Society of Christians can be produced who held it unlawful to pray by a Set-Form On the other side we have very early Proofs of some common Forms of Prayer which were generally used in the Christian Churches and were the Foundations of those Ancient Liturgies which by degrees were much enlarged And the Interpolations of later times do no more overthrow the Antiquity of the Ground-work of them than the large Additions to a Building do prove there was no House before It is an easie matter to say that such Liturgies could not be St. Iames's or St. Mark 's because of such Errors and Mistakes and Interpolations of Things and Phrases of later times but what then Is this an Argument there were no Ancient Liturgies in the Churches of Ierusalem and Alexandria when so long since as in Origen's time we find an entire Collect produced by him out of the Alexandrian Liturgy And the like may be shewed as to other Churches which by degrees came to have their Liturgies much enlarged by the devout Prayers of some extraordinary Men such as S. Basil and S. Chrysostom in the Eastern Churches But my Design is not to vindicate our use of an excellent Liturgy but to put you upon the using it in such manner as may most recommend it to the People I mean with that Gravity Seriousness Attention and Devotion which becomes so solemn a Duty as Prayer to God is It will give too just a cause of prejudice to our Prayers if the People observe you to be careless and negligent about them or to run them over with so great haste as if you minded nothing so much as to get to the end of them If you mind them so little your selves they will think themselves excused if they mind them less I could heartily wish that in greater places especially in such Towns where there are People more at liberty the constant Morning and Evening Prayers were duly and devoutly read as it is already done with good Success in London and some other Cities By this means Religion will gain ground when the publick Offices are daily performed and the people will be more acquainted with Scripture in hearing the Lessons and have a better esteem of the Prayers when they become their daily Service which they offer up to God as their Morning and Evening Sacrifice and the Design of our Church will be best answered which appoints the Order for Morning and Evening Prayer daily to be said and used throughout the Year VI. As to the Dissenters from the Church the present Circumstances of our Affairs require a more than ordinary Prudence in your Behaviour towards them It is to no purpose to provoke or exasperate them since they will be but so much more your Enemies for it and if you seem to court them too much they will interpret your Kindness to be a liking their Way better than your own so that were it not for some worldly Interest you would be just what they are which is in effect to say you would be Men of Conscience if ye had a little more Honesty For they can never think those honest Men who comply with things against their Consciences only for their temporal Advantage but they may like them as Men of a Party who under some specious Colours promote their Interest For my own part as I do sincerely value and esteem the Church of England and I hope ever shall so I am not against such a due temper towards them as is consistent with the preserving the Constitution of our Church But if any think under a pretence of Liberty to undermine and destroy it we have Reason to take the best care we can in order to its preservation I do not mean by opposing Laws or affronting Authority but by countermining them in the best way i.e. by out-doing them in those things which make them most popular if they are consistent with Integrity and a good Conscience If they gain upon the People by an Appearance of more than ordinary Zeal for the good of Souls I would have you to go beyond them in a true and hearty Concernment for them not in irregular Heats and Passions but in the Meekness of Wisdom in a calm and sedate Temper in doing good even to them who most despitefully reproach you and withdraw themselves and the People from you If they get an Interest among them by Industry and going from Place to Place and Family to Family I hope you will think it your Duty to converse more freely and familiarly with your own People Be not Strangers and you will make them Friends Let them see by your particular Application to them that you do not despise them For Men love to value those who seem to value them and if you once slight them you run the hazard of making them your Enemies It is some Trial of a Christians Patience as well as Humility to condescend to the Weaknesses of others but where it is our Duty we must do it and that chearfully in order to the best End viz. doing the more good upon them And all Condescension and Kindness for such an End is true Wisdom as well as Humility I am afraid Distance and too great Stiffness of Behaviour towards them have made some more our Enemies than they would have been I hope they are now convinced that the Persecution which they complained lately so much of was carried on by other Men and for other Designs than they would then seem to believe But that Persecution was then a popular Argument for them for the complaining side hath always the most Pity But now that is taken off you may deal with them on more equal Terms Now there is nothing to affright them and we think we have Reason enough on our side to perswade them The Case of Separation stands just as it did in Point of Conscience which is not now one jot more reasonable or just than it was before Some think Severity makes Men consider but I am afraid it heats them too much and makes them too violent and refractary You have more Reason to fear now what the Interest of a Party will do than any Strength of Argument How very few among them understand any Reason at all for their Separation But Education Prejudice Authority of their Teachers sway them remove these and you convince them And in order thereto acquaint your selves with them endeavour to oblige them let them see you have no other Design upon them but to do them good if any thing will gain upon them this will But if after all they
if they make a good Bargain for their own Advantage I cannot deny but that according to the Laws of the Land and the Canons of this Church some Persons are allowed to have two several Cures which must imply a Non-residence for some time at least upon one of them But they still suppose that there are persons Resident upon them who are allowed by the Bishop to be sufficient to discharge the necessary Duties of the place and not to be taken up like Post-horses the next that comes and to be turned off at the next Stage I think it a very great Fault in those who have Pluralities that they look no more after the Curates they imploy and that they do not bring them to the Bishop to be approved and to have their Allowance fixed before they imploy them They think no more is required but to pay the Fees for a Licence but I have and shall endeavour to convince the Clergy of this Diocess that Licences are not to be taken as St. Peter took the Fish that first came with Money in the Mouth of it I hope to be able to satisfie them that it is not the Fees that we aim at but at Persons doing their Duties And our Canons are express That no Curate is to be allowed in any Cure of Souls that hath not been examined and admitted by the Bishop or Ordinary having Episcopal Jurisdiction and attested by the Hand and Seal of the Bishop How then come Curates to officiate without ever coming to the Bishop at all or undergoing any Examination by him This is a plain Breach of the Canon and ought to be reformed I do not say that such Licences as have customarily passed without the Bishop's Hand and Seal are void but I do say That they are irregular and voidable and none ought to be allowed which are not according to the Canon and that no Incumbent ought to take any one for his Curate till the Bishop hath allowed and approved him under his Hand and Seal And this Remedy the Law gives us against the Inconveniencies which attend Pluralities by weak and insufficient Curates But no Man is excused either by Law or Canons from attending the Duties of his Place at some times in his own Person and that good Part of the Year in which time he ought to do the Duties of his Place with Diligence and Care and to acquaint himself with his Parishioners in order to the better Discharge of his Duty towards them They have very mean Thoughts of their holy Function that think the main Part of it lies only in the Pulpit I wish even that were minded more but all the Ways you can do good among your People is within the Compass of your Duty not meerly to instruct them in Religion but to prevent Quarrels and Contentions and Meetings for Debauchery which tend to corrupt Mens Minds and draw them off from the Principles as well as Practice of true Religion It is your Duty to endeavour to make them live like good Christians and good Neighbours and to set Patterns your selves of Sobriety Meekness Charity and of every thing Praise-worthy 3. Faithful Diligence implies filling up your vacant Hours with the most useful Studies as to the main End of your Function For in your Ordination you solemnly promise to lay aside the Study of the World and the Flesh and to apply your selves to the Study of the Scriptures and such Studies as help to the Knowledge of the same But it may be seasonably asked by some What Method and Course of Studies will best conduce to that End To this I shall endeavour to give a short Answer so far as it concerns the main End of your Function which it is most proper for me to consider at this time 1. Look well to the Temper of your Minds that it be humble sober and religious For a vain affected and self-opinionated Person can never have an inward and hearty Relish of Divine Truths The Scriptures will appear to him either too plain and easie or too obscure and intricate some things will seem low and flat and others too lofty and Poetical Those who read not with a good Mind will have always something or other to cavil at It is a mighty Advantage in all Spiritual Knowledge to come to it with an unbiassed Mind free from the Power of Prejudice and evil Inclinations For these give a strange Tincture to the Mind and hinder the clear and distinct Perception of Revealed Truths as above the Natural Faculties which God hath given us Some are therefore so fond of Philosophical Speculations that unless the Letter of the Scripture suits with them they are ready to despise it and only Shame and Fear keep up any Reverence for it in them Some are altogether for Mathematical Evidence and Demonstration as though the Way to Salvation were to be shewed by Lines and Figures Why do they not first run down all Laws and History because they are not capable of Mathematical Evidence And it argues a far greater Measure of true Understanding to know when to be satisfied than to be always disputing and cavilling The plainness of Scripture in some places is no more an Offence to one that wisely considers the Design of it than a beaten Road is to a Traveller who desires to know which is the true Way to his Journeys End and the plainer it is the more he is satisfied with it But the Scripture wants not its Depths which require a very Attentive and Considering Mind and will afford Matter for Exercise of Thoughts and frequent and serious Meditation The Excellency of the Scripture is That all necessary things are plain and such as are not so although they are not necessary to be known for Salvation yet require our Diligence to understand them and give great Satisfaction as far as we can know them 2. Not to perplex your Minds with Difficulties above your Reach as in what relates to the Eternal Decrees and the particular Manner of that Unity of the Godhead which is consistent with the Trinity of Persons For since the Scripture doth assert both we may safely be contented with what the Scripture reveals although the Manner of it be incomprehensible And as to the other the Scripture is clear and positive as to the Moral Parts of our Duties and if we are to seek how to reconcile them with Gods Decrees we have this certain Rule to go by That without doing our Duty we cannot be happy but we may without understanding how the Freedom of our Wills is consistent with the Divine Prescience and Decrees 3. Not to fix plain and necessary Duties upon new and unaccountable Theories As for instance There are no Duties of greater Consequence than the Love of God and our Neighbour But it would be unspeakable Mischief to Religion to fix the Love of God upon so absurd a Principle as his being the immediate Cause of all Sensation in us And it would have
made the Christian Doctrine ridiculous to found its Fundamental Precepts on extravagant Notions and Mystical Contemplations And so for the Love of our Neighbours to allow only a Love of Benevolence and Charity and not of Delight and Complacency is to make Nice Distinctions where God hath made none But to take away the Love of Complacency in Friends and Relations and the Blessings which God gives for the Comfort of Life is to overthrow the due Sense of God's Goodness in giving them and to take away a great Measure of that Gratitude we owe to God for them But when any seem very fond of such Notions and shew so much Self-Complacency in them it is impossible upon such Principles that they should love their Neighbours as themselves 4. If you would understand the New Testament aright fix in your Minds a true Scheme of the State of the Controversies of that Time which will give you more light into the true knowledge of the Scriptures than large Volumes of Commentators or the best Systems of Modern Controversies As what the Iewish Notions of Justification by Works and Expiation of Sin were and of God's Decrees of Election and Reprobation as to themselves And what the Principles of the Judaizing Christians were as to the joyning the Law and the Gospel and the Pythagorean Superstition together And what the Gnosticks who were professed Libertines held as to Grace Redemption Liberty Government c. All which tend very much to the clearing the Sense of the New Testament 5. Where the Sense appears doubtful and Disputes have been raised about it enquire into the Sense of the Christian Church in the first Ages as the best Interpreter of Scripture as whether the Apostles left Bishops or Presbyters to succeed them in the Government of Churches Whether the Apostles appointed the Lords Day to be observed as the Day of Publick Worship Whether Baptism were not to be Administred to Infants as well as Circumcision both being Seals of God's Covenant Whether Divine Worship doth not belong to Christ and were ●o● given to him in the Hymns and Doxologies of the Primitive Church and Whether Divine Worship can be given to any Creature Whether the Form of Baptism was not understood so as to imply a Trinity of Persons and Whether all true Christians were not Baptized into this Faith and consequently Whether denying the Trinity be not renouncing Christian Baptism These and many other such Questions of great Importance receive great Light from the Writings of the first Ages But some Rules may be very useful for right judging the Sense of those Times 1. To distinguish the Genuine and Supposititious Writings of that Time This hath been examined with so much Care by Learned Men of this last Age that it is no hard matter to make a true Judgment about them 2. In those that are Genuine to distingush the Sense of the Church delivered by them from their own particular Opinions the Sense of the Church is best known by Publick Acts as by Creeds Sacraments Hymns Prayers and Censures of such as oppose or contradict them 3. To put a Difference between the Authority of private Persons and of the Bishops and Governours of the Church who may be presumed to understand the Sense of the Church and the Doctrine of the Apostles better than the other And so Clemens Ignatius Polycarp Theophilus and Irenaeus are more to be trusted as to the Sense and Practice of the Christian Church than such as Hermes and Papias and Tatianus who had neither the Judgment nor the Authority of the other 4. That may be justly looked on as the Sense of the Church which is owned both by the Friends and the Enemies of it The Enemies of Christianity charged them with many Things which the Apologists utterly denied Now we find Pliny charging the Christians with singing Hymns to Christ as to God several Christian Writers of that time mention this but never go about to soften or to excuse or deny it And so we find Lucian deriding the Christians for the Doctrine of Three and One which the Apologists of that time are so far from denying that they assert and vindicate it as appears by Athenagoras and others But these things I only touch at to shew how the Sense of the Church is to be taken and how from thence the Sense of the Scriptures may be cleared OF THE Particular Duties OF THE PAROCHIAL CLERGY AT A VISITATION October 27 th 1696. My Brethren AS often as it pleases God in his wise Providence to bring me among you in the ordinary Course of my Visitation I cannot satisfie my self that I do my own Duty unless I put you in mind of doing yours We live in an Age wherein the Contempt of the Clergy is too notorious not to be observed but the true Reasons are not so well considered as they ought to be Some to increase the Contempt of the Clergy have given such Reasons of it as seem to make it a light and jesting matter but truly it is very far from being so For the Contempt of Religion is oft-times both the Cause and the Effect of it It is not at all to be wondred at that those who hate to be reformed should hate those whose Duty and Business it ought to be to endeavour to reform them But when Religion is struck at through our Sides we ought with Patience to bear the Wounds and Reproaches we receive in so good a Cause Wo be to us if those who are Enemies to Religion speak well of us For it is a strong Presumption that they take us to be of their side in our Hearts and that we are distinguished only by our Profession which they look on only as our Trade And we give too much occasion for such Suspicions of us if we do not heartily concern our selves for the Honour and Interest of true Religion in the World whatever we may suffer as to our Reputation for the sake of it It is possible that if we go about to humour such Persons in their Infidelity and Contempt of Religion we may escape some hard Words for the present but they cannot but have the greatest inward Contempt and Hatred of all those who live upon Religion and yet have not the Courage to defend it And what Satisfaction can such have when they reflect upon themselves and think what Occasion they have given to confirm such Persons in their Infidelity and to make them think the worse of Religion for their sakes The best thing we can do to recover the Honour of Religion and to set our Profession above Contempt is to apply our selves seriously and conscientiously to do our Duties For if others find that we are in earnest and make it our great Business to do all the Good we can both in the Pulpit and out of it if we behave our selves with that Gravity Sobriety Meekness and Charity which becomes so holy a Profession we shall raise our selves above the common
own and were hardly brought to any reasonable Allowance for the Clergy which supplied them These were called Beneficia in the Capitulars and they were to pay Nonae Decimae i.e. a Fifth Part out of them which was obtained with much Difficulty as appears by the many Laws made about them In the Council at Leptins A.D. 743. Carolomannus son to Charles Martel owns the letting out some of the Church Lands sub Precario Censu upon a reserved Rent Can. 2. Capit. l. 5. c. 3. but then it was barely for Life But the consequence was That it was very hard to recover either the Lands or the reserved Rents and they put in Clergy-men and put them out as they pleased because they held these Lands as Beneficiary Tenures from the Crown So that it was the Work of more than an Age to put the Church there in any tolerable Condition But this seems to be very much mistaken when it is brought to prove the Right of Patronage from the Endowment as to the Disposal of Benefices But the Right of Patronage by the first building and endowing the Church is owned by the Civil Law in Iustinian's Novels 123. c. 18. and Two Things were there required 1. A sufficient Maintenance for the Clergy who were nominated 2. The Bishop's Satisfaction as to their Fitness about which he speaks in another Novel 56. Tit. 12. c. 2. And he elsewhere requires that before any Churches were built the Bishop should see that there were sufficient Maintenance for those who were to officiate Novel 66. Tit. 22. The same Right obtained here upon the same Grounds as appears by the Barons Answer to Gregory IX who affirm That they had it ever since Christianity was founded here They mean ever since parochial Churches were endowed by their Ancestors for there could be no such Right of Patronage before And such Patrons were here called Advocati Ecclesiae as appears by Ioh. Sarisbur Ep. 6. 119. and the Ius Advocationis as our Lawyers tell us is a Right which a Person hath to present to a vacant Benefice in his own Name which is agreeable to what Bracton and Fleta had said long before But it doth not appear by them how the Names of Patron and Advocate came to be so applied Among the Romans saith Asconius Pedianus the Patron was he that pleaded the cause of another the Advocate he that appeared in Court on his behalf But this doth not reach to the Ius Advocationis which we are now about In the Ninety seventh Canon of the African Code an Allowance is made for the Churches to have Advocates to solicite their Causes at Court. From hence the greater Churches and Monasteries had their proper Advocates appointed them by the King as Bignonius observes and in the old Charters of Aub. Miraeus several such Advocates are appointed and it appears to have been an honorary Title and great Men were pleased with it Miraeus faith it was accounted a considerable Honour at that time And so by degrees the Founders of Parochial Churches came to have the Title of Patrons and Advocates of them and the Right they injoyed the Right of Advowson as well as Patronage not as some ridiculously talk of Advocat se or Advocat alium because the Trust and Care of those Churches endowed by their Ancestors was fallen to them and they were bound to look after and to defend the Rights of them and so Lyndwood explains it II. The next thing to be considered is the Oblations of the People which in those elder times were so free and large that which may seem incredible now there were Persons who would build Churches on their own Land to have a Share in the Oblations as is affirmed in one of the Spanish Councils and there forbidden with great Severity It was not as the Gloss on the Canon Law understands it to make a Bargain for the Right of Patronage but it is expressed to have an equal Share with the Clergy in the Oblations of the People It is observed by Agabardus That the Devotion of Persons in the first Ages was so great that there was no need to make Laws or Canons for the Supplies of Churches since they were so amply provided for by the Liberality of the People Thence we read of the Deposita pietatis in Tertullian which were voluntary Oblations and out of which were made Divisiones Mensurnae in S. Cyprian and the Sportulae which were the Allowances made to the Clergy out of the common Stock and they who received them and not those who gave them as Mr. Selden fancies were called Sportulantes Fratres and the Allowances were then stiled Stipes Oblationes which were so considerable that St. Cyprian blamed some for their setting their Hearts too much upon them Stipes Oblationes Lucra desiderant quibus prius insatiabiles incubabant which could not be said of any meer necessary Subsistence these they received tanquam Decimas ex fructibus as St. Cyprian speaks in lieu of Tithes at that time when the most of the Christian Church inhabited the Cities and gave out of their Stock to maintain the Church and those who attended upon the Service of it But when Christianity came to spread into the Countries then a more fixed and settled Maintenance was required but so as to retain somewhat of the Ancient Custom in voluntary Oblations No sooner was Christianity settled in France but we read of Lands given to the Church by Clodovaeus after his Conversion these are owned by the first Council of Orleans called in his time A. D. 511. and were put into the Bishop's Hands and to be distributed by him for Repairs of Churches Maintenance of the Clergy and other pious Uses Can. 5. 14 15. But besides these we read still of Oblations made by the people on the Altar both in the Mother-Church and in Parochial Churches If in the Mother-Church one Moiety went to the Bishop the other to the Clergy if in the other only the third Part to the Bishop In the second Council of Mascon Can. 4. we find it required That all the People make an Oblation of Bread and Wine at the Altar and this was A. D. 585. but besides the next Canon insists on the Payment of Tithes as founded on the Law of God and the Ancient Custom of the Church which is thereby reinforced unde statuimus decernimus ut mos antiquus reparetur which Words are not fairly left out by Mr. Selden because they shew that there was only in this Canon a renewing of an Ancient Custom which had obtained but was now growing into Disuse For this Council of Mascon was called on purpose to restore what they found too much declining as to Religion and they begin with the Observation of the Lord's Day and after add this wherein they complain of the Neglect of that which their Predecessors observed as founded on the Law
of God So that there can be no doubt of the Custom of paying Tithes in France from the time of receiving Christianity and that this Custom declined as their Religion did In the Council of Nantz about A. D. 658. Oblations and Tithes are mentioned together c. 10. as making up the Churches Stock which was to be divided into Four Parts to the Bishop and to the Clergy and to Repairs and to the Poor But besides the Oblations of the Living it was then common to make Oblations at their Death and these were called Oblationes defunctorum and severe Canons were made against the Detainers of them Concil Vas. I. c. 4. Agath c. 4 13. Q. 2 9 10 11. And so much appears by those Canons which forbid Exactions at Funerals Concil Tribur c. 16. Nannet c. 6. where an Exception is made as to voluntary Gifts either by the Parties deceased or by the Executors But here in the Saxon times there was a Funeral Duty to be paid called Pecunia sepulchralis Symbolum Animae and a Saxon Soul-shot this is required by the Council at Aenham and inforced by the Laws of Canutus c. 14. and was due to the Church the Party deceased belonged to whether he were there buried or not Some take this for the Foundation of Mortuaries but then the Money must be turned into Goods For in Glanvil's time a Freeholder is allowed to make his Will of other things provided that he give his first best thing to his Lord and his second to the Church And this was not originally pro Animâ defuncti as Lyndwood thinks from the Modern Canonists De Consecrat c. 12. but it was a Right of the Church settled on the Decease of a Member of it as appears by the Law of Canutus Others have said That it was in lieu of Tithes substracted and Oblations not duly made So Simon Langham in his Constitution about Mortuaries which was made to explain a former Constitution of Robert Winchelsee because the People were observed not to pay their Tithes and Oblations as they ought But he did not go about to settle a Right which had not been before but to prevent Suits about that which was to be taken for a Mortuary and he declares That where there was a choice of Three or more the Second was to be for the Mortuary De Sepult f. 93. b. So that R. Winchelsee supposes it to be an ancient Right Indeed in the Cotton MS. of the Council of Merton where this Constitution is extant the Reason is given That it was required by way of Compensation for the Neglect of Tithes and Oblations In the Synod of Winchester in his time a Constitution is made for the Uniform Payment of Mortuaries in that Diocess the second best of the Goods or Chattels was to be paid in lieu of Tithes unpaid In the Synod of Exeter of Pet. Quivil 15 E. 1. the Reason is given for the Neglect of all parochial Duties but there it is said That some pleaded Custom against the Payment of them and others as to the Manner and although this Council endeavoured to settle an Uniform Payment yet the Statute of Circumspectè agatis leaves the whole Matter to Custom ubi Mortuarium dari consuevit From whence my Lord Coke inferrs That there is no Mortuary due by Law but only by Custom The true Inference was That the contrary Custom had altered the Law from what it was in the times of Canutus and Glanvil But that the prevailing Custom became the standing Law as to Mortuaries appears by the Statute of 21 H. 8. c. 6. which limits the Payment where the Custom continued but allows Liberty for Free Oblations And this Free Oblation was then called Cors presentè and was distinct from the Mortuary in lieu of Tithes as appears by the Instances in Sir W. Dugdale But I return to other Oblations which Lyndwood distinguisheth into those by way of Gift and such as became due For these latter he insists on c. Omnis christianus in the Canon Law De Consecr D. 1. c. 69. which requires that every one who approaches the Altar make some Oblation Where the Gloss saith it is but Counsel at other times but a Command on the Festivals For this 16 Q. 1. c. 55. is produced quas populus dare debet but it is there interpreted of the case of Necessity Hostiensis thinks all are obliged on great Festivals and that the general Custom lays an Obligation but Lyndwood thinks the Custom of particular Churches is to be observed In the Synod of Exter before-mentioned Oblations are said to be of Divine Right and that every Parishioner is obliged to make them but the Time is limited to Christmas Easter the Saints-day of the Church and the Dedication or All-Saints So that four times in the Year they were required to make Oblations after the Age of Fourteen And so Giles Bishop of Sarum debent offerre ex debito quater in anno In the Synod of Winchester none were so obliged till Eighteen and having Goods of their own But I observe that in the ancient Canons here by the Oblations such things were then understood as were for the Support of the Clergy Thence several Canons were made against those who turned them another way So in the Council of London under Archbishop Stratford Oblations are declared to belong only to Ecclesiastical Persons And so Lyndwood saith The Goods of the Church are called Oblations And in case the Mother-Church were appropriated the Oblations and Obventions made in the Chapel of Ease did not belong to the Convent but to the Persons who officiated there These were called by the Name of the Altarage and were generally expressed under that Name in the Endowment of Vicarages but when these were too small for the Maintenance of the Vicar those small Tithes which were joyned with them were comprehended under that Name and so it hath been resolved in the Courts of Law upon a solemn Hearing Iohn de Burgo in his Pupilla Oculi speaking of Oblations saith That persons may be bound to them four Ways 1. By Contract upon the Foundation of the Church which amounts only to a Pension upon Endowment 2. By Promise either living or dying 3. By Necessity when the parochial Minister cannot be supported without it 4. By Custom in the greater Solemnities but he saith the Proportion and Kind are left to Discretion which made Oblations sink so low that the parochial Clergy must have starved if they had nothing else to support them But besides these he mentions Occasional Oblations upon particular Services as at Marriages Christenings Funerals c. concerning which we have several Constitutions against those who went about to hinder them or to reduce them to a small Quantity The Easter-Offerings are none of these Voluntary Oblations but a Composition for Personal Tithes payable at that time of which I may have occasion