verbal Licenfe, or his Faculty under Seal : But here it is to be obferv'd, that a Bishop can only difpenfe for his own Life-time, and his Difpenfation dies with him; but that Vicar who is in actual Attendance on any of the Great Perfons mention'd Chap. 10. and in this Chapter has a Right to be difpenfed with, as to point of Refidence, and he who is legally fettled in two Benefices, has a Right to be difpenfed with as to one of them; and his Metropolitan's Difpenfation to hold thefe two Benefices, is at leaft a virtual Difpenfation to be Non-refident in one of them, tho' they be both Vicarages. Formerly, indeed, Archbishops did fcarce ever difpenfe with Clergymen to hold two Vicarages; but of late Years, 'tis fometimes allow'd of, with good Reafon. Archbishop Sancroft himself did it, tho' not often.

CHAP. XV.

Of the Privileges and Hardships of the
CLERGY.

HE

E that beats a Clergyman, incidit in Canonem; that is, he may be Excommunicated, and obliged to do Penance by the Ordinary. See Parf. Coun. p. 130.

A Clerk is exempt from all Secular Burdens, Ibid. but not from new Charges, by Statute Law, but only thofe which are impos'd at Com mon Law, fay the Modern Lawyers. Ibid p. 224.

N

No Clergyman is bound to ferve any Temporal Office, as Conftable, Overfeer of the Poor, c. And this is the Privilege of Apothecaries, as well as thofe in Holy Orders. They are to be amerc'd not according to their Benefice, but their Lay-Tenement, by Magna Charta. Nor fhall King's Officers make Diftreffes of Parfon's Beafts in the King's Highway, and in Fees, (ie. Lands) wherewith Churches have been endow'd, except fuch as are newly purchas'd. 9 Edw. II. c. 9.

The Bodies of Clergymen cannot be ArTefted upon any Statute Merchant, or Statute Staple.

It is faid likewife, that their Goods fhall pay no Toll in Fairs or Markets, that they are not bound to appear at Court-Leets, or to ferve the Office of Beadle, Rieve, &c. nor to follow Hue and Cries, nor to repair Bridges or Highways, to keep Watch or Ward, or to contibute to the Building of Goals, or to make good Robberies committed in any Hundred. Godol. Abr. c. 17. verf.fin. Parfon's Counsellor, p. 120.

And thefe, and many more, undoubtedly were the ancient Privileges of the Clergy; but whatever the Law may be, it is certain the Practice is very often contrary. For Minifters are terrify'd, and forced to fubmit to these Burdens, rather than be at the Expence of a Suit at Law, where the Controverfy is at laft to be decided by twelve Laymen, whereof fometimes half are Diffenters, and profeffed Adverfaries to Men in Holy Orders. Difputed Rights are Snares, rather than real Privileges; and it is much to be defired, that the Autho

rity of the Nation would declare, whether Clergymen have any Exemptions and Immunities, or whether they are all worn out with Age. For 'tis as good in effect to have none, as not to have them clear, and without Controverfy.

Some reckon it among the Privileges of the Clergy, that they are not bound to ferve in Juries; and 'tis certainly no very defirable thing, for Clergymen to be oblig'd to attend Temporal Courts, at the Summons of every Bailiff But, on the other fide, I am fo far from thinking, that the being excluded wholly from Juries is a Privilege, that I think it one great Inftance of the Hardships of the Clergy, that none of their Order are ever admitted to be Jurymen in Temporal Courts.

When there is a Controverfy concerning the Right of prefenting to a vacant Church, it has been, and ftill is, in fome Cafes, the Practice to have the Right try'd by a Jury, (impanelled by the Bishop, or his Vicar-General) whereof one halfare of the Clergy, the other of the Laity, Why should not all Matters wherein the Churches Rights are concern'd, be try'd in the fame manner? For I cannot fee that it is more unreasonable, that Perfons who may be fuppofed too much to favour the Rights of the Church, fhould be admitted to give their Verdict in fuch Caufes; than that thofe, who by Principle, or Intercft, are Prejudic'd the other way, thould be impannell'd, as they often are, on fuch Occafions. If Clergymen are part of the Commonalty of the Nation, why are they alone deny'd the Right of other Commoners

and

and Freeholders? If they are not Commoners, but a diftin&t Order of Men, why thould not they have their Rights try'd, as others have, by fome of their own Rank and Condition? And this is now the more neceffary, fince all manner of Caufes, are, firft or laft, wholly or in part, generally brought before a Jury: The Clergy had no reafon to defire to be Jury-Men, while they had Redress in the Ecclefiaftical Courts.

By the fame Figure that this laft has been call'd a Privilege, there is another may be call'd fo too; I mean the Eafe given to the Clergy, by Statute 21 H. VIII. c. 13. by Prohi biting them, not only to take to Farm any more Lands than are neceffary for the Maintenance of their own Houfhold, but to take any Annual Rents, or Advantage, or Profit, by occafion of any Leafe, or Farm, by any manner of means, under very fevere Penalties indeed; nay, the Vicar is not permitted to Occupy by himself, or any other, any Parfonage, not fo much as the Impropriated Tythes of his own Church. The Clergy of ancient Times did enjoy very many Immunities, and fome of them very unreafonable ones: But that High-Tide of Privileges is now funk to the loweft Ebb, even below the common Liberties of English Subjects.

An Act was extorted from King Charles the Martyr, Anno Dom. 1641. To difable all Perons in Holy Orders, to exercise any Temporal Jurisdiction or Authority; but this was Repealed, by 13 Car. II. c. 2.

The Popish Canon-Law likewife forbids fe cular Offices and Employs to Perfens in Holy Orders: So does the Conftitution of Othoben in the Reign of Hen. III. But 'tis plain, that the Popish Canons relating to this Matter were ne ver received here, as being contrary to the Articuli Cleri, the 8th Chapter whereof Ex empts Clergymen bearing Office under the King from the Cenfures of the Ordinary, and particularly thofe employ'd in the Exchequer; and in the Constitution of Othebon, there is an exprefs Salvo for the Royal Prerogative: Upon which occafion Athon takes notice of great Numbers of Clergymen employ'd in Chancery, and complains of them for the Prohibitions fre quently fent out of that Court, to stop the Proceedings of the Prelates in their Courts. See Conft. Othob. cum honeftatis. It is certain that notwithstanding the Canon-Law, yet for many Ages the Chancellors themfelves, and many o ther of the Judges in Temporal Courts, were Clergy men.

"Tis faid by fome, that a Clerk in Holy Or ders,if he be found guilty of a Crime, for which the Clergy is allow'd, he fhall not be burnt in the Hand, as a Layman fhall, and that a Lay, man can have his Clergy but once, but a Clerk ad infinitum. And thefe might be thought Pri vileges by a vitious Popish Clergy; but are ra ther a Scandal to the Regular Clergy of the Reformed Church of England; who, God be thanked, neither want, nor crave any fuch Pri vileges as thefe. If a convicted Clerk have ftil a Right to this Favour; yet one may da affirm, that the whole Body of the Clergy wil

readily