of Zurich there is a Prayer provided for this Day. See Tig. Liturgy, in English, 1693.

It has of late been difputed, on what account the Eafter-Offering becomes due; I take Bishop Stilling fleet's Judgment to be the beft, viz. That 'tis a Compofition for Perfonal Tythes due at that Time. Eccl. Cafes, p. 252. It is certain, that if this be not a Perfonal Tythe, there is no fuch Tythe now paid in England; except you will reckon Tythe of Mills meerly Perfonal, and except thofe Modules for Fifh caught at Sea, which are paid in fome few Places; and Eafter is the time when all Tythes are to be paid, for the payment of which there is no other time fixt by Law, or fpecial Cuftom. See Rubric poft Commun. And even the Canon Law did allow of a Compofition, or Modus for Perfonal Tythe, tho' under the real Value. Bishop Stilling. Eccl.Caf. p. 311. See Rubr. poft Com.

I am inclin❜d to be of Bishop Stilling fleet's Judgment, when I confider, that what was ori ginally call'd an Offering or Oblation, in proportion of the Rent of the Houfes in the City of London, is, and has, time out of mind, been called a Tythe; and that even by the Acts of Parliament made on this Occafion, viz. 2,3 Ed.VI. e. 13. 37 Hen. VIII. c. 12. 22, 23 Car. II. "Tis true, Lyndwood earnestly endeavours to prove, that they were Prædial Tythes, L. 3. T. 17. c. Sancta, v. Negotiationem ; and that therefore they ought to pay Offerings befides: But 'tis plain by his Arguing, that both Custom and the Stream of Authority was against him in this particular: and I think that his Arguments are far enough from being unanswerable; efpe

cially fince he owns that they were called Offerings, and were by Law to be made on the feveral Sundays and Feafts with Vigils, at the Rate of an Halfpeny in the Pound Rent; which came exactly to 25. 9 d. in the Pound, which is the Proportion mention'd 37 H. VIII. nor is this call'd Tythe of Houfes by the Stat. of Edw. VI. but Tytke by Houses. And inftead of enlarging on this particular, I fhall only observe the Ab. furdity that Lyndwood runs upon, out of an honeft* Zeal for the City-Clergy, viz. That it was a Predial Tythe; which is as much as to fay, that Houfes grow out of the Earth; for no other Tythes are Prædial, but what are produced out of it. And it fhould feem by Somner, that the Cafe of the Churches at Canterbury was the fame with thofe at London.

If indeed the Ground on which the Houfes were built, had formerly been till'd and yielded Predial Tythe, it might be pretended, that this Payment was a Compofition for the Pradial Tythe, formerly arifing from thofe Grounds; but London was built long before Chriftianity was received, and therefore Prædial Tythes could never have been due from the Land on which the Houses are built. And who can believe that several hundred Years fince, an Agreement fhould

*I fay he did it out of an honest Zeal for the City-Clergy: For his defign was to prove, that. Perfonal Tythes were due to them from their Parishioners over and above these usual Payments, which could not be, if thefe Payments were for Perfonal Tythes, therefore he would have them Prædial Tythes.

fhould be made to pay 20 s. or 40s. by the Year, for the Tythe of fuch a Plot of Ground as is fufficient to build a Houfe on, when, if that Land were never fo much improved, the whole Product, or Crop, could not have been worth half the Money, as things then were; when a Quarter of Wheat was worth but two or three Shillings.

However, the Opinion of those who take Eafter-Offerings to be paid for the Sacrament, is lefs tolerable than that of Lyndwood: For this is directly contrary to the Intention of many ancient Canons, which called this Simony. I am fenfible, that the Canonifts, with their Fetches, taught the Clergy to evade thefe Canons, as particularly by telling them, that tho' they might take nothing for Baptifin, yet they might fell the Water before it was Confecrated, to the Parents of the Child. L. 5. T. 2. c. I. v. Baptifmus. And they might with as much. Reafon fay, that tho' Money might not be given for the Eucharift, yet the Hoft before Confecration might be purchased by him who was to receive it: But Sacraments are to be ad. minifter'd freely, and ex Officio. It may indeed be pretended, that if a Clergyman go to a pri vate Houfe to adminifter a Sacrament, he is to be paid for his Journey; which may feem a better Shift, than that of being paid for the Water: But at this rate, he might alfo demand a Fee for going to vifit the Sick, which yet I think *

no

* I am lately affured, that the City Divines are paid for vifiting the Sick; and I am aftonised at it, quid non mortalia pectora cogis, Auri facra fanies?

no Clergyman ever pretended to do; and if he go to baptize a Child likely to live, or to use the Publick Office of Baptifm in Private, and expect Pay for it, then the Pretence of being paid for his Journey, is worse than that of being paid for the Water: For then he expects Pay for acting contrary to his Duty, to his Promife of Conformity to the Rubric and Canons; for by these he is bound to Baptize after the laft Leffon at Morning-Prayer, or after the laft Lefon at Evening-Prayer, excepting in Cafes of Neceffity.

Bifhop Stilling. obferves, that the Priest who ufes the Office of Publick Baptifm in Private, in the Greek Church, incurs the Sentence of Deprivation: And gives his Judgment, that none but the Bishop can difpenfe in this Case, p. 208,209, 210. Eccl. Cafes.

And if Offerings are a Compofition for Perfonal Tythes, as they feem to be, then are they not to be paid by Day-Labourers, 2, 3 Edw.VÍ. when Offerings have been demanded of Servants to the Plough, Prohibition has been granted. Watf.c. 51. p. 458.

But, on the other fide, if Eafter Offerings be Compofitions for Perfonal Tythes, then Diffenters can have no Plea or Excufe for the non: payment of them: For (to omit all other ReaTons) they are exprefly by the very Words of the Act of Toleration declared to be not exempt from paying Tythes.

And yet I dare not fay, but 'tis poffible the Eafter-Offering might in fome places at first be paid on this Confideration; that this was the time when all were to receive the Sacrament: For tho' the Canon Law condemns it as grofs

See

Simony to take or pay Money for Sacraments, or any Sacred Office; yet it allows, that if there be a Cuftom of paying fo much after having receiv'd the Sacraments, the Custom is good, and the Money to be recover'd in the SpiritualCourts. The Words of Athon are obfervable: If the Prieft lemand Money for performing the Office, be will he caft: But if he demand it on Confideration, bat fo much used to be paid on the performing uch an Office, he will carry his Caufe. thob. Conft. Sacramenta & Gloff. and Archbi op Langton's Conf. Firmiter; with Lynd ood's Gloff. to the fame Effect. And fo, they y, the Prieft muft not demand Money for ading the Office of Burial, or breaking up round, for either of thefe are with the Canoifts direct Simony: But on Account that fo uch has of Custom been paid, and therefore ey are very fevere on thofe Clergy men who fufe to perform any Religious Office, without ving the Money firft paid: This, on all Ocfions, they declare to be Simony.

the

It must be confeffed, that if this Notion be adtted, that Offerings are due upon account of eiving the Sacrament, then the Diffenter has retence for not paying them. For he must

That if he be not obliged to receive the rament of the Legal Incumbent, then be canbe obliged to pay any Duty to him on that ount: I think it might as fairly be argued, fince he is not obliged to attend any Mitations of the Legal Incumbent, that therehe is not bound to pay him any Church : But it will be anfwer'd, The Act of Toion obviates this Argument, by binding

him