Tis the prevailing Opinion, and has been adjudg'd, that a Bond given for performing Simo niacal Covenants, is good at Law, and that therefore the Money must be paid, if Prefentation were made, tho' the Benefice be loft. But fee Bishop Still. Bonds of Refignation, p. 12.

How far Bonds given to oblige the new Incumbent to fome charitable Penfion to the Wife, or Son of the Predeceffor, are allowable in Law and Confcience; or whether a Clergyman can fafely take the Oath of Simony, who has given a Bond to refign upon demand, or at fuch a certain time; you may fee by reading that most excellent Book just now quoted.

The Clergyman that has given fuch Bonds, has been judg'd fafe from the Penalty of the Statute; but the Oath is not impos'd by the Statute, but by the ancient Canon-Law, and ought therefore to be understood, or interpreted in the fenfe which that Law puts upon it. And it is certain, that all Compacts, in order to the obtaining of a Living, are forbid by that Law: So that the Clerk cannot in Confcience bring himself under any Obligation to do any thing, but what he were, in Law, or Confcience, bound to do with. out fuch Obligation laid on him by the Patron, as fuppofe, to officiate Perfonally, Refide, Repair, or rebuild a ruinous Manfe, &c.

And 'tis to be obferv'd, that this Act, befides the Penalties exprefly inflicted by it, does likewife leave the Simoniacal Clergyman, or Tranf actors, to the Lafh of the Spiritual Courts; and fo it does the Patron too, tho', in one respect, it is more favourable to him than the Canon Law was; For by this laft, the Patron loft his Advow fon

vowfon in perpetuum, by felling the Prefentati on. See Prov. L. 5. T. 3. Nulli liceat; by the Statute he only lofes the next Turn: But in another refpect, the Statute is more fevere than the Canon; which is, that it cannot be difpenfed with; whereas, both Patron and Clerk, with their Money, might purchase a Salve for any Sore of this fort, from the Pope.

By the 31 Eliz. tho' the Clerk that was Simoniacally prefented, died poffeffed of the Benefice fo obtain'd, and another Clerk were without any Simoniacal Agreement Inftituted and Inducted into the fame Living; yet the King's Clerk, upon discovery and proof of Simony committed upon the Preferment of the former Clerk, fhould remove the innocent Clerk, and defeat the Title of the innocent Patron: But now, by the 1 W. & M. c. 16. 'tis provided, that after the Death of one Simoniacally promoted, bis Simony fhall not be alledg'd, or pleaded to the prejudice of any Patron innocent of Simony, or his Clerk. But if the fame Patron prefent the firft Clerk corruptly, and after, the Death or Ceffion of him, another fairly, this latter Clerk is removable; because by the former Simony, the next Turn belongs to the King; but if that Patron be dead, and the Heir prefent, the Clerk is fafe.

2. If a Benefic'd Clergyman do Affirm, or Maintain any Foreign Power, in Preaching or Words, upon his firft Conviction, all his Spiri tual Promotions fhall be void. 1 Eliz. 1.

3. He that has maintain'd any Doctrine con. trary to the 39 Articles, and being conven'd before the Ordinary, does perfift therein, or after Revocation thereof, fhall affirm the fame again,

it

is lawful for the Ordinary to deprive him I3 Eliz. c. 12.

4.

He that does not make his Declarations in the Church, according to the 14 Car. II. c.4. 'is depriv'd ipfo facto. And fo likewife is he, 'by the faid Act, who does not read the 39 Articles, giving his Affent and Confent.'

Sir S. Degg advifes his Clerk, that has omitted to read the Articles or Liturgy in Form, to obtain the King's Prefentation, ad Corroborandum, and thereupon to perfect his former Neglects; or to procure Letters Patents of Confirmation, which may be pleaded in Bar of the King's Title, p. 58. I question whether any fuch Prefentation or Letters are granted.

5. If Tenths be demanded at the Churches, Houfes, or Stalls of benefic'd or dignify'd Clergymen, any time after Christmas, by fuch as are charg'd with the Collection of them, and not paid upon Demand, or forty Days after; and if the Bishop do certify the Default unto the Exchequer, the Clergyman making fuch 'Default, is ipfo facto depriv'd: but of that

Bene

only from which the faid Tenths were due. 26 Hen. VIII. c. 3. 2, 3 Edw. VI. c. 20. 6. All Ecclefiaftical Perfons fhall, within three Months after they enter on their Beneices, take the Oath commonly call'd the Abju ration Oath, or else the Place is void, 13 W. III. 6. 6 Ann. c. 7.

7.Sixty Days Abfence in one Year, of an Incumbent, prefented by the University, to the Livings of Papifts, make fuch Livings void. W. & M. c. 26.

8. Any Minifter that uses any other Form of Open Prayer, or Adminiftring the Sacraments, than what is contain'd in the Book of CommonPrayer, or refuses to use the faid Forms, or does deprave the Book of Common-Prayer, or any part of it, fhall, upon his fecond Conviction by twelve Men, forfeit whatever Spiritual Promotions he is poffeffed of, and fuffer fix Months Imprifonment; and upon his third Conviction he fhall lofe his Spiritual Promotions, and be imprisoned during his Life, 1 Eliz. c. 2.

And here it may be obferv'd, that Voidance by Act of Parliament, need not be notify'd to the Patron, except the Act, by which the Church is voided, do exprefly require it, as the 13th of Eliz. and the 14th ofCar. II. do. But in other Cafes, where the Church is made void by Statute, the Patron muft take notice at his Peril, and prefent within fix Months. Watf.c. 6. p. 34.

V. Farther, there are feveral Crimes for which a Man may be depriv'd of his Benefice by the Canon-Law, by Sentence in the Spiritual Court,

1. Manslaughter, after the Clerk has been convicted of it in a Temporal Court, is fufficient Caufe of Deprivation in the Spiritual: if the Neceffity that the Clerk was under, in defence of himself, were not altogether unavoidable; or if by his Care, and Heedfulness, the Murder might have been prevented; or if the Business he were engag'd in, and through occafion of which the Murder was committed, were unlaw. ful: As if a Clergy man being upon the Game, fhoot at a Beaft, but kill a Man, which was the Cafe of Archbishop Abbot. For Hunting, and

fuck

fuch like Exercifes, have always been forbid Clergymen by Canon. See Pro. L. 1. T. 4 v. bomicidas Conft. Otbob. Ad hæc quoniam, Gloff.. Watf. c. 6. p. 35.

2. Adultery is a Crime, for which Clergymen are deprivable by Canon-Law; and for which fome have been deprived fince the Reformation. See Inftances, Stilling. Eccl. Cafes, p. 82. 3. Drunkenness is another Crime which makes Men liable to the fame Cenfure, but not till af. ter Admonition; there are Precedents of Deprivation for Drunkenness, in the Reign of King James I. Stilling. Eccl. Cafes, p. 78, 79. And when Application has been made to the Judges in Westminster-Hall, for a Prohibition, to ftop the Bishop's Proceeding in this Cafe, it has been deny'd, p. 81. ibid.

4. Perjury is a juft Caufe of Deprivation, Godol. c. 27. §. 2. if committed within an Ec clefiaftical Court, or in any other, fays Watf c. 20. p. 140. and fo likewife is Forgery, fays Sir S. Degg. p. 82.

5. Wafle, or enormous Dilapidation, renders Clergymen liable to be depriv❜d. Godol. c. 27. Sect. 2.

6. Herefy, or Mifcreancy, is on all Hands agreed to be a Crime, that makes the Clergy-man obnoxious to this high Cenfure.

7. The Judges have declar'd it lawful to deprive an Incumbent, for not conforming to the Canons. Stilling. Eccl. Cafes, p. 373.

8. Illiterature, or Inability, for the difcharge of the facred Function, is a Crime of the fame Nature. Godol, ubi fupra. Watf. c. 6. p. 35.