Prefent Subfiftence of ECCLESIASTICAL COURTS.

1. The firft is Inftitution and Induction. In Abp. Langton's Time, this was to be done without Fee. (See bis Conftitution, Quia juxta.) In Abp. Stratford's Time 'twas but 12 d. (See bis Conftitution, Sava.) which could not then be worth more than 20s. at prefent. Clergymen now have two Inftruments more upon Inftitution than they had then, viz. aCertificate of their Subfcribing the 39 Articles, and another of their promifing Conformity; allow. 20s. for each of thefe Inftruments, the Sum total will be 37. I am afraid that young Incumbents are forced to pay in fome Places more than double that Sum. If the Archdeacon Inducted in Perfon, he had by the Conftitution of the faid Archbishop, Item quia, 3 s. 4 d. if his Official, 25, Not to enlarge on this Matter, 'twere much to be defired, that there were in every Ecclefiaftical Office a legible fixt Table of stated Fees, according to the 136 Canon, that there might be no room left for the oppreffive Arts of inferior Officers.

2. Is the Money paid by Church-Wardens at the Vifitations, and the Suits commenced by them against fuch as refufe to pay their Church Rates. For in this Cafe the Church-Wardens have no other Remedy; but only against Qua kers, who are liable to be diftreffed. See Chap. 24. verfus finem.

Some think it unreafonable that Men fhould be excommunicated for 12 d. as it may happen in this Cafe; but it ought to be remembred,.

that

that Obftinacy is as Criminal, if not more fo, in finall Cafes as in great; and what Reafon that he should be allow'd the Privilege of Communion, that will not in proportion contribute to that neceffary Expence, without which, pub lick Worship and Communion cannot be perform'd?

3. Is the Probat of Wills, and granting of Letters of Adminiftration, in cafe a Perfon die Inteftate; the firft has ever belong'd to Bishops, not only in this Country, but whereever Chrianity has been establish'd; nor is there any Other Court in which Wills can regularly be proved, excepting fome particular Boroughs, where the Lord or chief Magiftrate may do it by Prefcription; and excepting fuch Wills, wherein only Lands and Hereditaments are de vifed, no Goods, or Chattels, for they may be proved in Temporal Courts. Indeed, the Power of granting Adminiftration is own'd by the Conftitution of Othoben, Libertatem, to have been fecur'd to the Ordinary by King and Barons; and this was afterward confirmed by 13 Ed. I. and Stat. 31 Ed. III. c. 11. It is at leaft probable, that the Bishops before this had a Right to Adminifter, or grant Administration, but were interrupted in the Execution of it by Lords of Manours. One Reafon why Bishops were intrufted with thefe Powers, was, that whatever was given to Pious Ufes might faiths fully be applied; and Wills, whereby fuch Charities are given, are by the Canonifts call'd Privileg'd Wills; for in their Law, what would annul another Will, does not annul thofe; and formerly, Ordinaries had a Power of applying

fome

fome part of the Inteftate's Goods to Pious Ufes, efpecially if the Inteftate were a Clergyman: And by a Statute of 17 Edward II. The Profits of the Lands of Ideots, if there be any at the time of their Deaths remaining, more than was neceffary for the use of them and their Families, fhall be diftributed for their Souls by the advice of the Ordinary. This is ftill in Force.

The Proving of Wills, and the Suits that are on this Account commenced in these Courts, feems at prefent to be the most gainful Business that belongs to them, efpecially with that which attends it, the granting Adminiflration; bu the most profitable part of this laft is lopt off from thefe Courts, by Stat. 1 Jac. II. c. 17. whereby the Ordinary is prohibited from calling Adminiftrators to Account before him, except it be at the Inftance of fome Party, whereas be fore, the Ordinary could do it ex Officio, by virtue of Stat. 31 Ed. III. and 22, 23 Car. II.

4. The laft Support of thefe Courts is grant ing Licenses for Marriage without Banns, and Matrimonial Caufes; for these Matters are purely Ecclefiaftical Conufance, and if Suit be commenced here for Divorce, or Alimony, no Prohibition lies, nor can fuch Caufes be tried in any other Courts, except they come by Appeal into the Houfe of Lords.

There is one thing, which if effected, would be a confiderable Addition to the Bufinefs and Revenue of thefe Courts, that is, if Divorce for Adultery, or Cruelty, were allowed to be à Vinculo, and a fecond Marriage permitted to the Innocent Party. By the old and prefent Canon-Law, Divorce à Vinculo is never permit

ted

ted, but when the Marriage was null ab initio, by reafon of Confanguinity, Precontracts, or Impotence. If it be for Adultery, or Cruelty, then 'tis only à Menfa and Thoro, and fo the Parties have no other Relief from thefe Courts, but what they have by their own mutual Confent, which is to part and live afunder.

But it appeared in the Cafe of the late Duke of Norfolk and Earl of Anglesey, that it was the Opinion of many of our great Prelates, that in cafe of Adultery or Cruelty, the Holy Scripture allows of a Divorce & Vinculo, tho' our Law does not, and I think, moft Divines of Note feem to incline this way; and the Reformation, Leg. Eccl. determines for it. And there are great Authorities alledg'd for it from the ancient Fathers and Councils, and even from fome Divines of great Names in the Church of Rome itself.

This Alteration cannot be made by Convocation without a concurrent A&t of Parliament, for it is not only the 107th Canon, and the whole Tenor of the old Canon-Law that forbids it, by obliging Perfons, before they are divorced, to give Security, that they will not contract Ma trimony with any other Perfon, during each other's Life; but Marriage on fuch Divorce is null at Common-Law. Godol. c. 26. fect. 12. (tho' there is one Precedent to the contrary, ibid. fect. 5.) and Common-Law cannot be alter'd but by Parliament: But if this were once done, it might bring a plentiful Harvest to the Ecclefiaftical Courts.

Some

Some Advertisements not eafily reduced to the former Heads.

TH

Of Publishing Things in the Church.

Here are great Innovations, efpecially in fome Country Churches, in publifhing, or giving notice of the most frivolous, unbefitting, and fometimes ridiculous Things in the face of the Congregation.

As the Minifter is to publifh nothing himself,. but what comes from the King or Ordinary, or is prefcribed by the Liturgy (not Orders from any Juftices of Peace, Commiffioners,&c. fo he ought, fo far as in him lies, to take care, that no one elfe publish any thing during Divine Service.

'Tis true, by Statute 6,7 W. III. Clergymen were obliged immediately after Morning-Prayer, to read, or caufe to be read, the Rates, or Affeffments for Birth, Burials, and Marriages, under 57. Penalty; but the Parliament, 9, 10, of the fame Prince, feems to have been fenfible of the Unreasonablenefs and Indecency of having things of this nature read amidst Divine Offices, and blending Temporal Matters with Sacred, and fo Repealed this Claufe of the A&t; and it is to be hoped, that this Injunction will never be drawn into Precedent by future Parlia

ments.

And yet the Surveyor of the Highways is to publish his Prefentments in Church, after Sermon. 3, 4 W. and M. c. 12.

And