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verbal License, or his Faculty under Seal: But here it is to be observ'd, that a Bishop can only difpenfe for his own Life-time, and his Difpensation dies with him ; but that Vicar who is in autual Attendance on any of the Great Persons mention'd Chap. 10. and in this Chapter has a Right to be dispensed with, as to point of Refidence, and he who is legally settled in two Benefices, has a Right to be dispensed with as to one of them; and his Metropolitan's Dispensa. tion to hold these two Benefices, is at least a virtual Dispensation to be Non-resident in one of them, tho' they be both Vicarages. Formerly, indeed, Archbishops did lcarce ever dispense with Clergymen to hold two Vicarages; but of late Years, 'tis sometimes allow'd of, with good Reason. Archbishop Sancroft himself did it, tho' not often.
CH A P. XV.
Of the Privileges and Hardships of the
nem; 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 Burders, Ibid, but not from new Charges, by Statute Law, but only those which are impos'd at Common Law, say the Modern Lawyers. Ibid. p. 224.
No Clergyınan is bound to serve any Teinporal Othce, as Constable, Overseer of the Poor, &c. And this is the Privilege of Apothecaries, as well as those in Holy Orders. They are to be amerc'd not according to their Benefice, but their Lay-Tenement, by Magna Cbarta. Nor Shall King's Officers make Distresses of Parson's Beasts in the King's Highway, and in Fees, (ve. 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 Ar. crefted upon any Statute Merchant, or Statute Staple.
It is said likewife, that their Goods shall pay no Toll in Fairs cr Markets, that they are not bound to appear at Court-Leets, or to serve the Office of Beadle, Rieve, &c. nor to follow Hire 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. 6. 17. vers. fin. Parfon's Counsellor, p. 120.
And thefe, and many more, undoubtedly were the arcient Privileges of the Clergy; but whatever the Law inay be, it is certain the Practice is very often contrary. For Ministers are terrify'd, and forced to submit to these Burdens, rather than be at the Expence of a Suit at Law, where the Controversy is at last to be decided by twelve Laymen, whereof soinetimes half are Dilsenters, and professed Adversaries to Men in Holy Orders. Disputed Rights are Snares, rather than real Privileges; and it is much to be desired, 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 Controversy.
Some reckon it among the Privileges of the Clergy, that they are not bound to serve in Juries
; and'tis certainly no very desirable thing, for Clergymen to be oblig'd to attend Temporal Courts, at the Summons of every Bailiff
. But, on the other side, I am so far from thinking, that the being excluded wholly from Juries is a Privilege, that I think it one great Instance of the Hardíhips of the Clergy, that none of their Order are ever admitted to be Jurymen in Temporal Courts,
When there is a Controversy concerning the Right of presenting to a vacant Church, it has been, and still is, in some Cafès, the Practice to have the Right tryd by a Jury, (in panelled by the Bishop, or his Vicar-General) whereof one halfare of the Clergy, the other of the Laiiy, Why should not all Matters wherein the Churches Rights are concern'd, be try'd in the fame manner? For I cannot see that it is more unreasonable, that Persons who may be fapposed too much to favour the Rights of the Church, should be admitted to give their Verdiet in such Causes; than that those, who by Principle, or Interest, are Prejudic'd the other Avay, ihould be im pannell’d, as they often are, on Tuch Occasions. If Clergy men are part of the Coin inonalty of the Nation, why are they alone deny'd the Right of other Commoners
and Freeholders? If they are not commoners, but a distinct 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 necessary, since all manner of Causes, are, first or last, wholly or in part, generally brought before a Jury : The Clergy had no reason to desire to be Jury-Men, while they had Redress in the Ecclefiaftical Courts.
By the same Figure that this last has been call'd a Privilege, there is another may be calld fo too; I mean the Ease given to the Clergy, by Statute 21 H. VIII. c. 13. by Prohi. biting them, not only to take to Farın any more Lands than are neceffary for the Maintenance of their own Houfhold, but to take any Annial Rents, or Advantage, or Profit, by occasion of any Leafe, or Farm, by any manner of means, under very fevere Penalties indeed ; nay, the Vicar is not permitted to Occupy by bimself, or any other, any Parfonage, not so much as the Impropriated Tythes of his own Church. The Clergy of ancient Times did enjoy very many Immunities, and some of them very un seasonable ones : But that High-Tide of Privileges is now funk to the lowest Ebb, even below the common Liberties of English Subjects.
An A& was extorted from King Charles the Martyr, Anno Dom. 1641. To disable all Per. ons in Holy Orders, to exercise any Temporal Jurisdiction or Authority; but this was Repealed, by 13 Car. II. c.2.
The Popish Canon-Law likewise forbids fe. cular Offices and Employs to Persons in Holy Orders : So does the Conftitution of Otbobon 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 Exempts Clergymen bearing Office under the King from the Censures of the Ordinary, and particularly those employd in the Exchequer; and in the Constitution of Oibobon, there is an express Salvo for the Royal Prerogative : Upon which occasion Aibon takes notice of great Numbers of Clergymen employ'd in Chancery'
, and complains of them for the Probibitions fréquently sent out of that Court, to stop the Proceedings of the Prelates in their Courts. See Conft. Othob. cum honestatis. It is certain that notwithstanding the Canon-Law, yet for many Ages the Chancellors themselves, and many other of the Judges in 'Temporal Courts, were Clergy men.
"Tis said by some, that a Clerk in Holy Or cers if he be found guilty of a Crime, for which the Clergy is allow'd, he Mall not be burnt in the Hand, as a Layman fhall, and that a Lay. man can have his Clergy but once, Lut a Clerl ad infinitum. And these might be thought Pri vileges by a vitious Popish Clergy; but are ra ther a Scandal to the Regular Clergy of th Reformed Church of England; who, God b thanked, neither want, nor crave any such Pri vileges as thefe. If a convicted Clerk have ftil a Right to this Favour; yet ore may dar affiring that the wl.ole Body of the Clergy wi