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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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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
all Bargains are so repugnant to the Design of it therefore the Ecclesiastical Law hath fixed that detestable Name upon it For all Contractus non gratuiti in these things savour of turpe Lucrum and tend to bring in turpe Commercium into the Church which would really overturn the whole Design of that Ministry which was designed for the Salvation of Souls And therefore it was necessary that when Persons had received by the Favour of Temporal Princes and other Benefactors who were Founders of Churches such Endowments as might encourage them in their Function that severe Laws should be made against any such sordid and mischievous Contracts And such there were here in England long before the excellent Stat. of 31 Eliz. c. 6. although it seems the Force of them was so much worn out as to make that Statute necessary for avoiding of Simony which is there explained to be Corruption in bestowing or getting Possession of Promotions Ecclesiastical In a Council at London under Lanfranc in the Conqueror's time Simony was forbidden under the Name of Buying and selling of Orders And it could be nothing else before the Churches Revenue was setled But in the time of Henry I. Ecclesiastical Benefices were forbidden to be bought or sold and it was Deprivation then to any Clergyman to be convicted of it and a Layman was to be Out-lawed and Excommunicated and Deprived of his Right of Patronage And this was done by a Provincial Synod of that time In the Reign of Henry II. it was decreed That if any Person received any Money for a Presentation he was to be for ever deprived of the Patronage of that Church and this was not meerly a Provincial Constitution but two Kings were present Hen. II. and his Son and added their Authority to it This was not depriving a Man of his Free-hold by a Canon as a Learned Gentleman calls it for here was the greatest Authority Temporal as well as Ecclesiastical added to it But we are told these Canons were of as little Effect as that of Othobon which made all Simoniacal Contracts void but some of the most judicious Lawyers have held that Simony being contractus ex turpi causâ is void between Parties All that I aim at is to shew that by our old Ecclesiastical Law Simoniacus incurred a Deprivation and Disability before the Stat. 31. Eliz. and therein I have the Opinion of a very Learned Judge concurring with me IV. Dilapidations By which the Ecclesiastical Law understands any considerable Impairing the Edifices Woods and Revenues belonging to Ecclesiastical Persons by Virtue of their Places For it is the greatest Interest and Concernment of the Church to have things preserved for the Good of Successors and it is a part of common Iustice and Honesty so to do And the Lord Coke positively affirms That Dilapidation is a good Cause of Deprivation And it was so resolved by the Judges in the Kings Bench 12 Iac. Not by Virtue of any new Law or Statute but by the old Ecclesiastical Law For which Coke refers to the Year-Books which not only shew what the Ecclesiastical Law then was but that it was allowed by the Common Law of England and we are told that is never given to change but it may be forced to it by a New Law which cannot be pretended in this case And by the Old Constitutions here received the Bishops are required to put the Clergy in mind of keeping their Houses in sufficient Reparations and if they do it not within two Months the Bishop is to take care it be done out of the Profits of the Benefice By the Injunctions of Edw. VI. and Queen Elizabeth all Persons having Ecclesiastical Benefices are required to set apart the Fifth of their Revenue to Repair their Houses and afterwards to maintain them in good condition V. Pluralities By the Ecclesiastical Law which was here received the actual receiving Institution into a second Benefice made the first void ipso Iure and if he sought to keep both above a Month the second was void too Lyndwood observes That the Ecclesiastical Law had varied in this matter And it proceeded by these Steps which are more than Lyndwood mentions I. It was absolutely forbidden to have Two Parishes if there were more than Ten Inhabitants in them because no Man could do his Duty in Both Places And if any Bishop neglected the Execution of it he was to be Excommunicated for Two Months and to be restored only upon promise to see this Canon executed II. The Rule was allowed to hold as to Cities but an Exception was made as to small and remote Places where there was a greater Scarcity of Persons to supply them III. If a Man had Two Benefices it was left to his Choice which he would have but he could not hold both This kind of Option was allowed by the Ecclesiastical Law then in force IV. That if he takes a second Benefice that Institution is void by the Third Council of Lateran under Alexander 3. V. That by taking a second the first is void which is the famous Canon of the Fourth Lateran Council VI. That if he were not contented with the last but endeavour to keep both he should be deprived of both And this was the Ecclesiastical Law as it was declared in our Provincial Constitutions But the general Practice was to avoid the former according to the Lateran Council These were very severe Canons but that one Clause of the Pope's Dispensing Power made them to signifie little unless it were to advance his Power and Revenue For when the Dispensing Power came to be owned the Law had very little Force especially as to the Consciences of Men. For if it were a Law of God how could any man dispense with it unless it were as apparent that he had given a Power in some Cases to Dispense as that he had made the Law Those Casuists are very hard put to it who make Residence Iure Divino and yet say the Pope may dispense with it which at last comes only to this That the Pope can authoritatively declare the sufficiency of the Cause so that the whole matter depends upon the Cause whether there can be any sufficient to excuse from Personal Residence It is agreed on all hands that the habitual Neglect of a Charge we have taken upon our selves is an evil thing and that it is so to heap up Preferments meerly for Riches or Luxury or Ambition but the main Question in point of Conscience is What is a sufficient Cause to justifie any Man's breaking so reasonable and just a Rule as that of Residence is It cannot be denied that the eldest Canons of the Church were so strict and severe that they made it unlawful for any Man to go from that Church in which he first received Orders as well as to take another Benefice in it and so for any