lains, of any fpiritual or temporal lord of parliament, attending daily in their houfehold. 5th. By a subsequent statute, it was enacted, that each of the following officers of the crown might have one chaplain in his houfehold, excufed from the duty of refidence: the chancellor of the duchy of Lancaster, the chancellor of the court of augmentations, the chancellor of the court of first fruits and tenths, the mafter of his majefty's wards and liveries, the general furveyors of his lands, the treasurer of his chamber, and the groom of the stole. 6th. It was alfo provided, by another ftatute, that the following perfons might fimilarly protect one chaplain each: the judges of the courts of King's Bench and Common Pleas, the barons of the Exchequer, and the attorney and folicitor general. 7th. By the first mentioned statute, were further exemptions; the chaplains of every duchefs, marchionefs, countefs, viscountefs, or baronefs; and their privileges, in this refpect, were preferved to them, though they married under the degree of baron. 8th. The chaplains of the lord chancellor, or treafurer of England, the king's chamberlain, or steward of his household. 9th. Chaplains of the knights of the garter, of the chief juftice of the King's Bench, warden of the ports, the king's fecretary, deans of the chapel, and amner; but all thefe muft, without fraud or covin, be refident in the household of the perfons named. 1oth. The master of the Rolls, dean of the arches, any chancellor or commissary of any archbishop or bishop, fuch of the twelve mafters of the chancery, and twelve advocates of the arches, as were fpiritual men, during the occupation of their rooms and offices; and all fuch fpiritual perfons as might happen, by injunction of the lord chancellor, or the king's council, to be bound to any daily appearance and attendance, to answer to the law, during the time of fuch injunction. All the chaplains above mentioned are, however, obliged to repair twice a year, at the least, to their benefices and cures, and remain there eight days at least, on pain of 40s. for every time so failing.

OF PLURALITIES. The ftatutes against non-refidence would naturally be conftrued to forbid the holding of more than one living by one perfon, fince he could not poflibly be refident on both; but the ecclefiaftical law had not been negligent in providing against this circumftance; and the ftatute which enjoined refidence, embraced alfo the confideration of pluralities. The general rule laid down is, that if any perfon having one bene fice, with cure of fouls, of the yearly value of 8., or above, accept and take any other with cure of fouls, and be inftituted and inducted in poffeffion of the fame; then the first benefice shall be void, and the patron may present another person, in the fame manner as if this incumbent had died or refigned. And

if

if the fecond living is in value much inferior to the first, yet the incumbent is deprived, and not allowed to retract his acceptance.

The exceptions to this rule are, that all fpiritual men, being of the king's council, may purchafe licence, or difpenfation, to take three parfonages, or benefices with cure of fouls; and all others, being the king's chaplains, and not fworn of his council; the chaplains of the queen, prince, or princefs, or any of the king's children, brethren, fifters, uncles, or aunts, may femblably purchafe licence or difpenfation, and receive two par fonages, or benefices, with cure of fouls: every archbishop might formerly have fix chaplains, but fubfequently two were added, making the number eight; every duke may have fix chaplains; every marquis and earl, five; viscount and bishop, four; chancellor of England for the time being, baron, and knight of the garter, three; every duchefs, marchioness, countefs and baronefs, being widows, two; treafurer, comptroller of the king's houfe; the king's fecretary and dean of his chapel; the king's amner, and mafter of the rolls, two; chief justice of the King's Bench, one; warden of the five ports, one; every one of whom may purchafe licence or difpenfation to receive and keep as many parfonages or benefices with cure, as the chaplains of a duke or an archbishop. The brothers and fons born in wedlock of every knight, may, every of them, purchafe licence or difpenfation, and receive two benefices. And all doctors and bachelors of divinity, doctors of law, and bachelors of law canon, admitted to thofe degrees in any university of this realm, and not by grace only, may have licence to keep two benefices. A duchefs, marchionefs, countefs, or baronefs, being widows and marrying again below the degree of baron, may qualify as many chaplains as if fhe had remained a widow; the king's chaplains may hold livings without limitation of number, if given by his majesty. And no deanery, archdeaconry, chancellorship, treasurership, chanterfhip, or prebend in any cathedral, or collegiate church, nor parfonage that has a vicar endowed, nor any benefice perpetually appropriate, fhall be taken or comprehended under the name of benefice, having cure of fouls. Neither are united churches confidered as pluralities, unless the union be colourably made to continue for the life of the incumbent only, and in evafion of the ftatute.

No chaplain can avail himself of his appointment, unless it be produced in writing under the hand and feal of the perfon entitled to grant it, nor can fuch perfon qualify above the limited number, or by difmiffing the chaplain, deprive him of the benefit of the difpenfation. But, it is required, by the canon, that fuch difpenfations be not granted to any but those who fhall have taken the degree of master of arts, at the least, in an

English

English univerfity, and be a public and fufficient preacher licenfed; and they must be, by a good and fufficient caution, bound to make perfonal refidence in each of their faid benefices, for fome reasonable time in every year; and that the faid benefices be not more than thirty miles afunder; and, laftly, that they have under him, in the benefic where they do not refide, preachers, lawfully allowed, that is able fufficiently to teach and inftruct the people. The diftance of thirty miles here fpecified, is not computed by ftatute miles on the turnpike road, or in a straight admeasurement from place to place, but by computation in the county or counties where the two livings lie. The king was ufed formerly to grant difpenfations for holding livings beyond this diftance, but, it has not been done fince the revolution, as it is doubtful whether the declaration of rights does not prevent him, even in this inftance, from difpenfing with a pofitive law. In order to obtain a difpenfation, it is neceflary for the clergyman to procure feveral teftimonials; namely, two certificates, from the bifhop in whofe diocefe the livings are, of their value in the king's books, and their reputed value and diftance; one certificate for the archbishop, and the other for the lord chancellor. And, if the livings lie in two diocefes, then two certificates from each bishop. He must exhibit to the archbishop, his presentation to the fecond living, and bring with him two papers of teftimonials from the neighbouring clergy, concerning his behaviour and conversation. He must also exhibit to the archbishop, his letters of orders of deacon and priest, and a certificate of his having duly taken the degree of mafter of arts, at least, under the hand of the register of his univerfiy. Or if he qualifies as a chaplain, his appointment must be duly registered in the faculty-office, to be tendered to the archbishop, according to the ftatute; and after he has given the required fecurity, and his difpenfation is made out, he must get it confirmed by the lord chancellor, under the great feal, and is then inftituted and inducted by the bishop of the diocese where the living is fituated.

LIVINGS IN COMMENDAM. Another mode of holding feveral livings, without incurring a penalty, is called in commendam. This term is applied to be a benefice, or ecclefiaftical living, which, being voidable, to prevent its becoming void, commendatur, is committed, to the charge and care of fome fufficient clerk, to be fupplied, until it may be conveniently provided of a paftor. This power of holding livings having been much abused, several conftitutions of the church were directed against the malpractices, but the cuftom is, in many cafes, highly laudable, and almoft indifpenfable. It has already been mentioned, that the acceptance of a bishopric voids all other ecclefiaftical prefer

ments;

ments; but this effect may be prevented by a donation in commendam; and without this indulgence, feveral of the bishoprics would not, at this day, be fufficient for the honourable maintenance of those who are obliged by law not only to administer the epifcopal functions committed to their charge, but, as lords of parliament, to attend the fittings of that affembly, and there maintain the rights of the church, the honour of the crown, and the liberties of the people. A benefice in commendam may be temporary or perpetual, at the pleafure of the king. When it is temporary, the precife time is expreffed and limited in the difpenfation; when perpetual, the ftyle is, fo long as he shall live, and continue bishop of that fee.

EXCHANGE. When the benefice is loft to the incumbent by his accepting another without a dispensation, it is called a ceffion; but in order to avoid this inconvenience, it is ufual, when an incumbent is defirous to exchange his living, to effect it by refignation. A refignation cannot regularly be made but to the immediate fuperior: thus, a bishop cannot refign to the dean and chapter, though they elect him, nor to the king, though elected by virtue of his congé d'elire, but to the archbishop, and the archbishop muft refign to the king. It is a rule, that the refignation fhould be pure, abfolute, and unconditional; but when it is made for the purpose of exchange only, it admits of a ftipulation, not to be valid, unless the exchange takes effect. It ought regularly to be made in person, and, if by a prieft, to the proper ordinary.

PUBLIC WORSHIP. A principal duty of the clergy, and, indeed, one chief purpose of their ordination, is the due performance of the rites of the church.

In the early ages, every bifhop had the power to form a liturgy for his own diocefe; and if he kept to the analogy of faith and doctrine, all circumftances were left to his own difcretion: afterwards the practice was, for the whole province to follow the fervice of the metropolitan church; which alfo becomes the general rule of the church. But it appears that this rule was obfcured by the fuperftitions of popery; the courfe of reading portions of the holy fcripture, fo as to complete all the books of the Old Teftament, once at least in a year, was interrupted by the introduction of fabulous and bombaftic legends, from the lives of faints, and a multitude of other vain and frivolous fervices. It was among the earliest cares of government, after the reformation, to remedy this evil by various acts for uniformity of the Common Prayer, the most important of which, I Eliz. and 13 and 14 Car. II., are generally printed in that book, and their regulations are precifely obferved by the clergy. The great effect of thefe acts, so far as relates to public worship, is to confine the clergy and their congregation

within certain bounds, to prefcribe the use of a Chriftian-like and devout form, fufficiently extenfive to embrace every lawful defire of the human heart, and exempt from every thing approaching to arrogance or tending to injuftice. In private prayer, individuals may addrefs to Heaven their feparate petitions in fuch form as their confcience may dictate or their neceffities fuggeft, but were there no precife rule in public petitions, the prayers of Chriftians might become prefumptuous and ridiculous, unbecoming the gravity of religion, and difgraced by caprice, paffion, malice, hope and fear. Nor does the prefcription of a rational and well digefted form, impede, but rather affifts the effufion of piety. The motives and system which produced the regulation adopted in our book of common prayer are expreffed in a clear and cogent manner in the preface, which being in general ufe they need not be here repeated. The duty of minifters to exprefs in the most public and authentic manner their approbation of this form of prayer, and churchwardens to provide it for the ufe of every church, have already been noticed.

To the obfervance of the ftated forms in all rites of the church, the clergy are bound both by canon and ftatute. Ministers omitting to use them after fubfcription are to be sufpended, and unless they fubmit within a month, depofed from the ministry. Where the incumbent of a living refides, he muft, although he keeps a curate, once at least in a month publicly read the prayers and adminifter the facraments, on pain of forfeiting for every offence 51. to the poor of the parish. And any minifter refufing to adminifter in the form prescribed, or obftinately and wilfully perfifting in the ufe of any other; or preaching, declaring, or fpeaking any thing in the derogation or depraving of the faid book, or any part of it, fhall, on conviction by a jury, forfeit to the king, for his firft offence, the profits of all his fpiritual promotions, or of one of them, for one whole year, and be imprisoned fix months; for his fecond offence be imprifoned a year, and ipfo facto deprived of all his fpiritual promotions; and for his third, imprisoned for life; or, if he has no fpiritual promotions, imprisonment for life is the punishment for the fecond offence.

Nor are thefe penalties confined to the clergy; for by the canon, any perfon affirming that the form of God's worship in the church of England, eftablished by law and contained in the book of common prayer and adminiftration of facraments, is a corrupt, fuperftitious, or unlawful worship of God, or contains any thing in it that is repugnant to the fcriptures, is to be excommunicated ipfo facto, and not restored but by the bishop of the place, or archbishop, after his repentance and public revoca

tion