Imatges de pàgina
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it the Clergy of this Age, but those of the Ages paft, that have lain under this Imputation; which plainly demonstrates the Falfity of it: For there are not many Benefices, which are not confiderably leffen'd, by the want of Care and Exactnefs in thofe who have formerly enjoy'd them; and there may, upon occafion, be great Number of Inftances produc'd, of Livings, which in former Ages had all Tythes paid in Kind; and which, if they were now fo to be paid, would be worth feveral Hundreds by the Year; which fince that, by reafon of Compofitions, made between the Incumbents and Parishioners, and in Tract of Time turn'd into unalterable Cuftoms and Prefcriptions, are reduc'd to fo fmall a Value, that they will scarce afford Maintenance to a fingle Man. For, granting that in fome Parishes there were from the beginning, fome Modus agreed to be paid in lieu of Tythe, yet it is certain and demonftrable, that in very many, not to fay moft, Parifhes, thefe Prefcriptions and Customs grew from voluntary Agreements; and yct in these very Parishes, if the Incumbent be ftrict in demanding his Modus, tho' perhaps it is but a Groat or Two Pence, where Two or Three Shillings

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were originally his Due, both he and his Order fhall be exclaim'd against, for Extortion and Oppreffion: when yet, if the former Incumbents were fuch extream Exactors of their Rights, as fome would have them thought, thefe Customs and Prefcriptions could never have prevailed. And if the prefent Incumbent fink his Two Pence or Four Pence into half that Sum, and bring his Noble to Nine Pence; yet if that be ftriatly infifted upon by himfelf or Succeffors, they fhall be thought covetous and griping: of which I know feveral Inftances. And yet, in too many Places, the Poverty of the Benefice, if there were no other Caufe for it, would even compel the poor Incumbents to infift upon his Rights, to keep himself and his Family from starving.

But farther, the Nobleman, or Gentleman often receives Thoufands by the Year, from fewer Hands than the Vicar his three or four Score. I know fome Places, where a lefs Sum than this is paid to the Vicar, by near 200, Imay fay 500 feveral Perfons. Among fo many, twere ftrange, if they were not fome trouble-fome and injurious: And if there be one fuch in a Parifh, the Vicar must have to do with him. He cannot chufe his

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Dealers, as others do, but must accept them for his Pay-Mafters, whom the Landlord takes for his Tenants: And there is many a one, who is aw'd into Honesty by the Greatnefs and Riches of a Landlord, who yet knows himself to be more than a match at Law for his poor Vicar, and ufes him accordingly.

And your Cafe is the more hard, becaufe your Education is fuch, as that, generally speaking, you know nothing lefs than the Law; but employ your Lives in more generous and fublime Speculations : And therefore, no wonder if fometimes you judge too favourably, and at other times too hardly, in your own Case. 'Tis the Defign of thefe Papers, to give fuch Directions in thefe Matters, as may prevent your making any falfe Step, in difputing your Rights. The Collections, in relation to the Law, are from a few Books of the beft Reputation on this Subject, viz. Bifhop Stillingfleet, a Perfon of the moft Univerfal Knowledge that this laft Age has produced; Dr. Godolphin, who made this the Study of his Life, and whofe Book (called Repertorium Canonicum, or an Abridgement of the Ecclef. Laws) is well efteem'd of by the Common Lawyers; and Dr. Watson's Compleat Incumbent ;

which, as it is the last Book of this kind, fo it contains the greatest Variety of Cafes in most Points, that can concern a Clergyman. When I fpeak pofitively o any Matter of Moment, I vouch my Author, except it be in things commonly known, and where there is no Difpute; and in Law Matters, feldom any bu thefe Three before mentioned. For I thought it equally unreafonable to affert Things which depend wholly on Authority, without mentioning the Books from which I had them; and to fend a Clergyman to Two or Three Hundred Law Books, to prove the Truth of what I fay. My Reader is not to expect Variety of Cafes reprefented at large, as in those larger Volumes: 'Tis fufficient, if he have all, or most of thofe Conclufions and Judgments in Law briefly reprefented. to him, which it chiefly concerns him to know. I have endeavour'd, as far as was poffible, to lay afide all Terms of Law, and to explain most of thofe which I am forc'd to fe. For 'twas not my Intention to make my Reader a Lawyer, but to render him more capable of acquitting himfelf as a Clergyman.

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And yet I cannot but think, that it would be much for the Benefit of the Church, if Clergymen knew more of the Law than they generally do; and 'tis evident, they would find it more ufeful to them, than feveral of thofe Sciences which they are taught in the Universities, twould fave them many a Counsel's Fee, and fecure them from being impofed upon by trickifh Parishioners. Not that I would have any of the Holy Order interfere with Scriveners, Proctors, or Solicitors, or defcend into the Row of Pettifeggers, much less that they fhould ftudy that Art which is the Masterpiece of the last mentioned fort of Men; namely, to make a long Bill, and extort unreasonable Fees, from thofe that are too poor and ignorant to dispute the Point with 'em. A Clergyman will find, that there is little to be got by this, but an ill Name: But I mean, that they fhould make themselves fo far acquainted with the Law, as to underftand their fubftantial and valuable. Rights, and every Part of their Legal Duty, that they might more effectually fecure the one, and difcharge the other; but never be tempted for a little Lucre, to do any thing below the Character and Dignity of their Order.

"Twere

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