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He died at Lambeth, June 4, 1663, and on the 9th of July his body was interred with great folemnity in the chapel of St. John's College, Oxford, on which occafion Dr. South, the Univerfity orator, delivered a fpeech which is inferted in his pofthumous volume of Latin works.

This archbishop difpofed of no lefs a fum than 48,000k. in charitable uses. Bishop Burnet flightingly reprefents him as being rather a good than a great man; but though he left no works of learning behind him, it must be admitted that his conduct, in the high ftation which he filled, was such as ftamped him a man of no ordinary mind.

Another hiftorian has drawn the archbishop's character with more juftice.

"This prelate was of an excellent temper, of a meek fpirit, and folid judgment: and having addicted his firft ftudies to the civil law, in which he commenced doctor, this fitted him the more for fecular and ftate affairs. Though he found the revenue low, and much anticipated, yet meeting good times, and the king inclined to frugality, he happily fupported the dignity of his majefty's household, the fplendour of the court, and all public expences, with juftice in all contracts, so as to have as few complaints in his time, as perhaps in any; and yet he cleared off all anticipations on the reve nue, and fet his mafter before-hand. His proceedings were always with calmnefs, and circumfpection, and the king highly valued his advice in all emergencies. His mild behaviour and prudence wrought fo effectually upon all men, that though he bore two moft invidious characters, one of a bifhop, the other of a lord treasurer, yet neither drew envy upon his perfon; the humour of the times tended to brand all great men in employment: fo that the lord Falkland afterward, in a fevere fpeech against bishops in parliament, could not but give him this teftimony "that in an unexpected place and power, he expreffed an equal moderation, being neither ambitious before, nor proud after, either of the crofier, or white-staff."

It was by means of this admirable temper and conduct, that he weathered the moft dreadful ftorm that ever the na tion felt, and at laft rode triumphantly in the harbour: and all without any fhipwreck of his honour, or his principles.*"

Echard's History of England, vol. ii. p. 118.

Mifcellanies.

ACT FOR RESIDENCE OF THE CLERGY.

TO THE EDITOR OF THE ORTHODOX CHURCHMAN'S

SIR,

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AS you have had the candour to infert in

your valuable Mifcellany my remarks on the Act for the support of Curates, I am induced to offer you fuch as have occurred to my mind on an attentive perufal of that for enforcing the Refidence of the clergy; dated 7th July 1803. Some obfervations will be common to both; as the hardship of fubmiffion to arbitrary power, the evils arising from abuse of patronage, the influence of bishops in popular elections, the idea that the law will not be rigorously enforced; &c. And I may add, that I am not confcious of any prejudice arifing from my own particular circumftances, with regard to Refidence, any more than with regard to curates. of a very advanced age: I refide upon my benefice more than nine months in the year, and I have no plan at present for doing otherwife.

I am

In the first place, I do not fee what is meant by Refidence. Is a part of a day to be reckoned as a whole day? A part of a week as a whole week? Or is a perfon's keeping a regular houfe, with fervants &c. to be accounted refiding? There may be, in common or ftatute law, some idea or definition of Refidence; but what is deemed fufficient in one kind of life, may not be fufficient for the purposes of another kind; and it would be a pity to leave common country clergy to find out a fundamental and never-ceafing part of their duty, in the multifarious and much disputed maxims of the law of the realm.

This remark fuggefts an obfer vation applicable to several parts of the Act before us; that it would have been extremely convenient if all occafion had been taken away for ftudying fuch antiquated ftatutes as thofe of Henry VIII. and Elizabeth, and even of Edward the fecond. (See Section 40.)

If any one should say, that Refidence was purposely left undefined, in order to give the greater Liberty, I fhould be ready to join in acknowledging any thing as a favour which was intended as fuch; but at the fame time I must own, that I had rather know my duty, and practife it with a quiet mind, than be involved in uncertainties, which are often inducements to vexatious litigations.

Whilft thinking on this part of the fubject it naturally occurs to me to afk; how is a clergyman's exceeding the allowed time of abfence to be proved? If the excefs be fmall, fome definition of Refidence will be neceffary.-And are a man's servants to be called as witneffes against him? Or is an informer to watch his outgoings from the beginning of the year? In fome cases a man enters his name in a book, when he departs and when he returns; but happily no fuch thing is provided for the clergy. Suppofe a rector was accused at random? would he be obliged to prove that he had been duly refident? I fuppofe not; that would be compelling him to record his actions and to publifh them occafionally. His journal ought to be facred, elfe he would lie under ftrong temptations to neglect or destroy records, which frequently prove very ufeful, to his parish as well as to himself and his family.

But I will again look over the Act, and offer any remarks, which a calm perufal of it may fuggeft.

The negligence, which made the fupplementary Act neceffary, dated July 27, 1803. ftrikes me as fomething extraordinary. In my little experience in law matters I never knew collations of titles &c. fo omitted. It is the more remarkable, as fo great a proportion of law-deeds are founded on recitals. I do not mean that the particular mis takes were of any importance; the want of accuracy which occafioned them, is the only thing worthy of obfervation. The Act must have required a great deal of thought and examination; but it is fill to be remarked, that in leffer matters there was a relaxation of exactnefs in drawing it. In sect. 2 it feems as if " fhall be obtained" fhould have been written, fhall have been obtained,' as the expreffion is in the next line. In sect. 29, fourth line from the end, the

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word which' feems to be wanting.-Thofe who fhall allow the prefent remark to be juft, will allow the negligence. pointed out to afford a fair opening for farther criticifms. I fhould doubt whether the word refpectively is always used with propriety, though it fometimes anfwers to my idea: can it ever be properly ufed with a fingular number? It seems to have much the fame power as the expreffion" each to each" in geometry.

The first eleven fections of the Act refpe&t farming; their intent is to obviate the inconveniences arifing from the Acts of Hen. VIII. and Elizabeth, which they probably do very judicioufly. I am moft inclined to pass them over (perhaps I do not clearly understand them all) and proceed to the fubject of Refidence.

A clergyman may be required to refide on an archdeaconry, deanery, other dignity, prebend, benefice, dona tive, perpetual curacy, or parochial chapelry. Here feven preferments are specified, befides what may be comprehended under the words "other dignity." I hope it will caufe no confufion if I fometimes ufe the word Benefice as a general term including them all; referring only to particu lars when any obfervation feems to require it. I would allo fometimes ufe the word Rector as a fort of general term. From fect. 12. it appears that Refidence on any one benefice fatisfies the prefent Act. An archdeaconry is a good roomy home. But may a prebendary live at the city or town where his prebend is? Perhaps the anfwer may be, yes, in his prebendal-houfe. Has every prebend of St. Pauls a houfe annexed? At Southwell I have heard there is only one prebendal-houfe. May a prebendary of Southwell, refide always at Southwell? I afk the queflion, be cause it occurs, and feems worthy to be propofed diftinctly; though it will occur again.

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Suppofe a country rector has two Benefices, one of 1000l. a year, the other of 50l.; and is abfent from both, without licence or exemption, feven months; according to fect. 12 he is to forfeit half the value of his benefice is he then to forfeit five hundred pounds, or twenty five? I have not feen any thing yet to determine this very material queftion. As the whole penalty goes to the informer, it may be worth his while to fue for five hundred pounds, and yet not for twenty five. But the fault of the Incumbent is the fame, whether he is fined the larger fum, or only one twentieth part of it. If he had refided nine months upon either benefice, he would have forfeited nothing,

This affignment of the whole penalty to the informer, feems at first fight a great encouragement to what the Act was intended to prevent, vexatious law-fuits; there are however, feveral claufes afterwards which tend to leffen the evil; but I doubt whether they do it effectually, or in as great a degree as might be wifhed *. I think if I had been a law-giver I fhould rather have favoured the old Qui tam. -A thing almoft as vexatious as a law-fuit is a threat of one, tending to fome compromise; to make a perfon pay a confiderable fum in order to free himself from the trouble and expence of a fuit: after compliance with which, by the way, a person is as liable to be fued as he was before.-I fhould be afraid, that the dread of great penalties might occafion very inconvenient fubmiffions.

Every penalty is excused if the abfence be for a fufficient caufe; but alas! to know what cause is fufficient, we are referred back to Hen. VIII. ann. 21, 25, 28, 33! befides the licences and exemptions of the prefent Act.

As the penalties are proportioned to the values of the benefices, it becomes neceffary to afcertain the value of each benefice, concerning abfence from which any question arises. The principle feems perfectly good; but in the application of it to practice many intricate queftions might arife. The incumbent himself is not supposed to state the value; the bifhop is to certify it; and other evidence may be received. If the end be neceffary, we muft fubmit to bear the means, as fo many neceffary evils. But if a queftion arifes whether fuch an Act as the present is beneficial upon the whole, then every neceffary evil is an argument against it, And in my judgment, a law's being difficult to execute is a very strong argument against it, because it fetters the actions and torments the minds of confcientious men, who are inclined to do the greatest good; without effectually reftraining the actions of the selfish and diforderly, who aim at evading every wholesome regulation, and at taking advantage of every perplexity.

I am much pleased with the next fection, the 14th, which gives one year's regular refidence the power of obliterating the negligences of all preceding years.-Yet I feel a wifh that the Commencement of the year intended had been specified particularly in this place."

*See sections 14. 17. 27. 36.; but the equitable ground of the treble costs in Sect. 27. to me is not evident.

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