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

t payment, contract, or promise, 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 here"after, perform, or fatisfy, any such kind of

payment, contract, or promise, made by σε any other without my knowledge or consent: "So help me God, through Jefus Chrift."

It is extraordinary, that Bishop Gibson should 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 must pronounce what promises, as well as what payments, and contracts, are fimoniacal, and, confequently, come within the oath; and what are not fo.

Now the law adjudges to be fimony,

1. All payments, contracts, or promises, made by any person, for a benefice already vacant. The advowfon 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.

2. A clergyman's purchafing of the next turn of a benefice for himself, " directly or indi

rectly," that is, by himself, or by another perfon with his money. It does not appear, that the law prohibits a clergyman from purchasing the perpetuity of a patronage, more than any other perfon; but purchafing the perpetuity, and forthwith felling it again, with a reservation of the next turn, and with no other defign than to possess himself of the next turn, is in fraudem legis, and inconsistent with the oath.

3. The procuring of a piece of preferment, 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

it.

pay for

4. Pro

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 a pernicious condefcenfion in the clergy, independent. of the oath; for it tends to introduce a practice which may very foon become general, of giving the revenues 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 queftion much the expediency of requiring it. It is very fit to debar public patrons, such as the king, the lord chancellor, bishops, ecclefiaftical corporations, and the like, from this kind of traffic; because, from them may be expected fome regard to the qualifications of the perfons whom they promote. But the oath lays a fnare for the integrity of the clergy; and I do not perceive, that the requiring of it, in cafes of private patronage, produces any good effect, fufficient to compenfate for this danger.

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

CHAP.

CHAP. XXI.

OATHS TO OBSERVE LOCAL STATUTES.

MEMBERS of colleges in the univerfi

ties, and of other ancient foundations, are required to swear to the observance of their respective statutes; which obfervance is become in some cases 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, thefe focieties

how far the members of

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 fatisfied, when nothing is omitted, but what, from fome change inthe circumstances under which it was prescribed, it may fairly be prefumed that the founder himself would have difpenfed with.