hold, to which the right pertains, may be bought and fold as freely as any other property; but the exercise of that right, the vote itself, may not be purchased, or influenced by money.

For this purpose, the law imposes upon the presentee, who is generally concerned in the fimony, if there be any, the following oath : "I do fwear, that I have made no fimoniacal

payment, contract, or promife, directly or indirectly, by myself, or by any other to my knowledge, or with my confent, to any per"fon or perfons whatsoever, for or concerning "the procuring and obtaining of this ecclefi "aftical place, &c. nor will, at any time hereafter, perform, or fatisfy, any fuch kind of pay

ment, contract, or promise, made by any other "without my knowledge or confent: So help "me God, through Jefus Chrift.”

It is extraordinary, that Bifhop Gibson fhould have thought this oath to be against all promises whatsoever, when the terms of the oath expressly restrain it to fimoniacal promises; and the law alone muft pronounce what promises, as well as what payments and contracts, are fimoniacal, and, confequently, come within the oath; and what are

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Now

Now the law adjudges to be fimony,

1. All payments, contracts, or promises, made by any perfon for a benefice already vacant. The advowson of a void turn, by law, cannot be transferred from one patron to another: therefore, if the void turn be procured by money, it must be by a pecuniary influence upon the then fubfifting patron in the choice of his prefentee; which is the very practice the law condemns.

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2. A clergyman's purchafing of the next turn of a benefice for himfelf, "directly or indirectly,' that is, by himself, or by another person with his money. It does not appear, that the law prohibits a clergyman from purchasing the other any petuity of a patronage, more than fon; but purchafing the perpetuity, and forthwith felling it again, with a reservation of the next turn, and with no other defign than to poffefs himself of the next turn, is in fraudem legis, and inconfiftent with the oath.

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The procuring of a piece of preferment, 3. by ceding to the patron any rights, or probable rights, belonging to it. This is fimony of the worst kind; for it is not only buying preferment, but robbing your fucceffor to pay for it.

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4. Promises to the patron of a portion of the profit, of a remiffion of tythes and dues, or other advantage out of the produce of the benefice: which kind of compact is aspernicious condefcenfion in the clergy, independent of the oath; for it tends to introduce a practice which may very foon become general, of giving the revenue of churches to the lay patrons, and fupplying the duty by indigent ftipendaries.

5. General bonds of refignation, that is, bonds to refign upon demand.

I doubt not but that the oath is binding upon the confciences of those who take it, though I question much the expediency of requiring it. It is very fit to debar public patrons, such as the king, the lord chancellor, bifhops, ecclefiaftical corporations, and the like, from this kind of traffic; because from them may be expected some regard to the qualifications of the persons whom they promote. But the oath lays a snare for the integrity of the clergy; and I do not perceive, that the requiring of it, in cases of private patronage, produces any good effect, sufficient to compensate for this danger.

Where advowfons are holden along with manors, or other principal eftates, it would be an easy regulation to forbid that they should ever hereafter be separated; and would, at least, keep church preferment out of the hands of brokers,

НАР,

CHAP. XXI.

OATHS TO OBSERVE LOCAL STATUTES.

EMBERS of colleges in the universities,

MEM

and of other ancient foundations, are required to fwear to the observance of their refpective ftatutes; which obfervance is become in fome cafes unlawful, in others impracticable, in others useless, in others inconvenient.

Unlawful directions are countermanded by the authority which made them unlawful.

Impracticable directions are dispensed with by the neceffity of the cafe.

The only question is, how far the members of these societies may take upon themselves to judge of the inconveniency of any particular direction, and make that a reason for laying aside the obfervation of it.

The animus imponentis, which is the measure of the juror's duty, feems to be satisfied, when nothing is omitted, but what, from some change in the circumstances under which it was prescribed, it may fairly be prefumed that the founder himself would have dispensed with.

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