COnsidering the smart Refle­ctions, lately made by a very worthy Gentleman on a Pra­ctice but too common in this degenerate age, of giving Bonds to Patrons for the Resignation of a Be­nefice at their pleasure: and noting some Commotion in his mind, I assur­ed my self, so strong and sound a judg­ment, could not be rapt away by his well-commanded passions; but upon the sharpest Spur of Provocation: and therefore suspected some secret venom, in that which seemed to once thinking men, a harmless pra­ctice. The deeper I did dig into it, the stronger and ranker the stench sum'd up; which at length convinc'd [Page 2]me, that no less than a bottomless Pit of Mischief lay under it; which I hope to discover, by shewing both the na­ture of Simony in general, and what share these Bonds for Resignation bear, in that weighty guilt.

Simony is so called from Simon Ma­gus, that famous Samaritan born at Gitton, mentioned in Acts 8, who came to Rome in the Reign of Claudius Caesar says Eusebius) where he was worshipped in an Image (says Just. Martyr) between the two Bridges of Tyber, Hist. l. 2. c. 12. apology. 1. [...]. L. 1. adv. har. 10. Ephiph. adv. haer. to. 2. l. 1. haer. 1. & Aug. ad Quod. haer. 1. with this Inscription, Simoni Sancto Deo; yea the Samaritans and many others also, adored him saith I­renaeus. The occasion of his giving the name to Simony, is set down Act. 8.20. A Petro Spiritus Sancti gratiam mereari volebat, unde vitio nomen dedit, (says Aquinas) and many others. Not but that the crime had got footing in the World long before, and was known to the Jews by the name [...], and by the Arabians [...] Talm, says Schindler; and both from [...] fraudavit expilavit. The Greeks knew it by the Name [...]. And the Latines by the word Ambitus. Which I note, to shew 'tis a moral [Page 3]evil, and was troublesome to all Nations and Religions. But this bold Chapmans offer, purchased not the grace of God, but disgrace of turning his name into sin, by which he will be justly infa­mous to the last gasp of time.

The nature of this sin is well dis­covered, by them that call it Studio­sam voluntatem, Panorm. & nemo extra Aquinas Sa. &c. nundinandi aliquid spi­rituale, aut spirituali annexum; for 'tis a desire, and endeavour to make Mer­chandise of things sacred. Some add insecuto opere, but the purpose of the heart is Simony, though we can't ac­complish it, as Simon could not. And 'tis the heart Peter blames. Thy heart is not right in the sight of God. Acts 8.21. And again, v. 22. if perhaps the thought of thine heart may be forgiven thee. 'Tis true, in foro soli, some o­vert Act must appear; but in foro poli, the design though frustrate, is the crime.Luke. 3.2. 'Tis a crime that Stella char­ges, for the teeming womb of infinite Evils, that follow; contrived by Herod, to render the Jewish Church contemp­tible, making the Priesthood annual; as Joh. 11.49. shews, that Caiaphas was High-Priest for that year only: and An­ [...]as soon after, as Acts 4.6. evidently [Page 4]discovers. Which, says he, forc't the High Priest to oppress the People, for the raising such Simoniacal Sums. And unworthy men, thereby get into the greatest trusts in the Church; which made the times, Calamitosa & Mise­randa, as also it doth ours.

But for the better displaying this growing sin, we shall consider 1. Its species, buying and selling things sa­cred. 2. The things bought and sold. 3. The means by which 'tis done.

1. The Species, buying and selling, which being Relative Acts, will in their own nature, be alike lawful or unlawful: though accidental circum­stances, may make them more evil to one than another. Like Judas selling, and the Jews purchasing the Son of God. The Scotch selling, and the Rumpers buying Charles the first. Or Didius Julianus buying and the Pre­torian Cohorts selling, the sacred Ro­man Empire. Or Herod's selling and Caiaphas buying the holy Order of the Jewish High-priest. 'Tis hard to say which is most tainted with the cor­ruption of Avarice, since both their breaths smell so exceeding earthy. 'Tis but Cretensis cum Aegineta, two [Page 5]Knaves well met: poysoning each o­ther, as the Toad doth the Spider. They both labour under the same di­sease of greedy desire; having Souls black as Hell by those deeds of dark­ness. Like Attabus and Numeneus, that puzl'd Apollo himself to determine which was worst: being both Loaves of the same sowre Batch: Viols in unison, wound up by the dexterity of the Devil. He that thinks himself best, is but the greater Deceiver, and the weaker head. They broke both the same laws of God and Man, from the same principles of sordid cove­tousness; to the same end to enrich themselves on the Spoils of Religion. Averring both the same damnable positions,Quasi nulium sit peccatum majus quam nummis carere. Espenc. in Tit. c. 1. Credidit ingens pauperiem viti­um. Hor. serm. 2. sat 3. nunc sit barbaries gran­dis habere nihil. Latro est qui au­rum ex religione sectatur. Hieron. * that Money is the ne­cessary qualification for the Ministry. And that Poverty is the best evidence of a scandalous and insufficient Mini­ster. They may differ in their Coat, but wear both the same Cloak of Se­cresy to cover their Knavery.

Can a greedy Patron (shall I call him, or Latron) excuse himself from Sacri­lege, whilst he fills his bottomless Bag out of the Church Revenue? Can he fancy himself not perfidious, that being [Page 6]but aDeposita pie­tatis, says Crig. 2r. 31 in Math. Tert apolog. c. 39. Trustee for the Churches Por­tion, treacherously converts it to its own use. What did Ananias do more, than retain part of what was devoted to Gods service? O the divine charms of Money, that can so far blind men, as not to discover sins of the greatest size! Can they hope to avoid the shame and punishment of thie very, that so audaciously rob God? Mat. 3.8. Or can their witty guilt find out any fair gloss to elude the teeth of the Text from biting them. Must God be sorc't to pay tribute to their Cove­tous Deities? Will men take Heaven to satisfie their unsatiable appetites? 'Tis strangely sawcy to lick their fin­gers in God's Broath. Major Nummi quam Numinis ardor. They shew more devotion to the Golden Calf, than the God of Israel. It seems they are of Vespasian's mind, that Gold smells well, though pickt out of Gods pocket. Can Custom prescribe against honesty? Can wrong byQuicquid multis peccatur multum est. Lu­can. l. 5. multitudes of sinners be bound to right? Is Robbery the more lawful, because committed on the Church?Nihil ad ex­tenuationem de­licti numerus impudens valere consuevit. Cyp l. 1. ep. 26. sed pu­dor & modestia [...]. Or the less criminal, be­cause many practise it? Can they guess themselves good men that won't [Page 7]do their duty without Bribery? If it be not the Churches Right, why do they give them any? If it be, why do they detain any? He that invades some part of the Church Revenues, would all, but for shame of the World; having as true a right to all, as to any part of it. What defence will it be at the last day, to say we are Gentlemen, and have robb'd none but God; and defrauded none but the Church; nor been dishonest to any but the Ministry? God will reward them, for giving his Prophets a Cup of cold Water: bur so will he too, for cheating them of half their maintain­ance. And certainly, Cicero is right, that those men are the greatest plagues of the Common-wealth,Li [...]. de off. 1.1. that doing evil, Id agunt, ut boni viri esse vide­antur. They expect to be esteemed honest in the fowlest Acts.

Now for the Buyer; we have the less to say against him, because his Act is partly involuntary: yet there could be no Sellers, were there no Buyers, for both are necessary to make up a Market. At best, he doth evil, that good may come of it; and sticks not at bribery, to make way for a Be­nefice, [Page 8] quocunque modo rem. He plucks the Devils Office out of his hand, and turns Tempter of his Patron; and prefers the call of Gold, before the call of God. He declares himself without merits, seeing his money is to answer all things, and seems bet­ter purchaser than Preacher. If (with Chrysostome) he hath not a golden Mouth, he hath a golden Hand. If he can't enter as Simon Peter, yet can like Simon Magus, with Letters Testi­monial in Golden Characters: and then says one, He is in the Church, permissione non voluntate Dei; Stell. In Luc. 12. by per­mission, but against the will of God. And by this he discovers his aim, to be more at the benefice, than office of a Divine; which may be had in a more populous, and less profitable place, at a much lower Rate. Non con­stituit Dominus, sed ipsi se constituerunt, says he. 'Tis not the Saints Bell of divine Invitation, rings them in, as Bees are courted to their Hives; but 'tis the tinkling of their Silver: which shews they go in their own errand, not Gods. And how can men choose but suspect them, for bad Servants; that are forc'd to hire their Services. [Page 9]Nay they are rather Slaves than Ser­vants in the house of God; that En­ter and continue shackled in Manacles and Chains of Bonds, Contracts, Co­venants, Limitations, and a thousand other Inventions of darkness. These Links of Iron gall them at every nod of the Patrons displeasure; which they allways fear, more than the saddest presages of a guilty consci­ence.

That the Purchaser may know his condition,Cornelius vim passus est ut E­piscopatum co­actus exciperet. Cyp. to. 1. Ep. 52. St. Aug. wept when elected to the Bishoprick of Hippo. Possidon. in vita August. Greg. Thauma­turgus fled into the Wilderness to avoid a Bishop­rick. v. Nyssen in vita Ireg. let him read his Indictment before the great and dreadful Assizes come: that he may the better fit him­self for his Answer. He stands in­dicted for filthy Avarice, the ground of his sacrilegious purchase. For de­sperate audaciousness, in thinking him­self worthy the weightiest trust in the Church. While St. Hierom calls it, Onus Angelicis humeris formidandum. Jonah in a great fright fled from it. Jer. 1.6. Cryed out, ah Lord I am a, Child, I cannot speak. And many of the primitive Fathers, had almost the skin of their Modesty pluckt over their ears, before they could be induced to come near the holy Vestments. Nor are his Treasons less, conspiring with [Page 10]his Patron, against the liberty of God's Church, and pawning his Living on it, to preach what heresy his Patron shall require. He commits Burglary on the Church of God, breaking open her door with a Golden Cramp; and forces the holy Spouse of Christ a­gainst her will; and values the inesti­mable grace of God at the rate of worldly pelf. Good God! what Ada­mant is his heart made of? how ob­durate is his conscience, that groans not under these heavy weights of sin? Venturing boldly on that villany, that all good mens hearts, in former ages, trembled at. I must leave him to prepare his answer at that great Tribunal; or else for slighting this timely notice.

2. Let us consider the things bought and sold; which to shew them to be Simony, must be the gifts of the holy Ghost; both ordinary, and ex­traordinary, real or so accepted. What­soever is sacriledge to take away from the Church, is Simony to buy or sell in the Church. But we may reduce them (though scarcely numerable) to the ensuing heads. 1. Buying and Selling, the instituted means, by [Page 11]which the holy Spirit is attained; as Prayers, whose Evangelical worth cannot be valued, and if purchased are worth nothing. 'Tis the worst kind of Usury to take ten per Cent. for our Prayers, or else not to let them out; I confess I know no Church that hires out Prayers, or Masses at 12 d. a piece, but the Church of Rome; which excells in this kind of Alchi­my, turning all Materials into Gold. In our Church 'tis decreed by Ed­mund Archbishop of Canterbury, in a Provincial Synod, holden about the year 1250, That no Masses be sold, nor any thing given or taken, for An­nalia or Tricennalia Missarum, Prov. vetu sl. tit. 2. cap. prae­terea venal. as Lind­wood shews us: which were Masses for a year, or 30 Masses, if the word be rightly written, and not triennalia as some suspect; which would be Masses for three years. So too, for Sacraments largely or strictly taken: since they were the Golden Vessels; in which grace was conveyed; the Church ever held them invaluable: knowing that it would have beggered all the An­gels of Heaven fully to compensate for any one of them. Hence Stephen Langton, in the first Council of Oxford, [Page 12]Anno Christi 1222 decreed,Provin. ib. cap. firmiter Inhibe­mus. That no­thing be required for Baptism, Chrisme, vel aliquod Ecclesiasticum Sacramentum. And so is the Legantine Constitution of Otho, A. D. 1236. tit. 4. cap. auditu horribili, &c. concerning Confession or Penance, as they call it, which is a­gain confirmed, by Othobon another Legate, A. D. 1268, with stricter In­junctions; as appears tit. 2. cap. Quo­niam caeca potest as &c, where he speaks not of Confession, and Chrisme only, but adds, Et qui alia quaelibet Sacramen­ta, interventu Pecuniae conferunt, sitales invenerint (sc. Archidiaconi) eos tan­quam Simoniacos puniant.

2. To Buy or Sell the Offices of the Church, instituted by the holy Ghost, which (tis very probable) was the de­sign of Simon Magus: to have been an Apostle, or at least a Bishop in the Church. For

1. By Apostles, or Apostolical men only, was the power of miracles con­ferred on others: and therefore it must be their authority that he would pur­chase: and 'tis the authority denomi­nates the person.

2. He desires to do it by laying on of hands, which was an act of Office [Page 13]power, in Ordination, Confirmation, and such like.

3. It seems by St. Peter's answer, he so understood him: for he says, Thou hast neither part nor lot in this matter, or in this word, [...]. Act. 8.21. As if he had told him, Thou hast no share in the Apostleship, nor Call to be in the Cler­gy: or to publish this word of God, which is confirmed with these mira­cles.

4. The powring out these gifts up­on men, was but an extraordinary Or­dination to the Ministry. Which ap­pears, 1. In that it was not given to all that were baptized; for then Simon had shared without Money. 2. Nor can men give any Reason, for these gifts of tongue, unless they were to be used in the Ministry. Since the faith might be confirmed, as well to their own minds, internally by the Testi­mony of the holy Ghost. 3. Nor were these gifts given to any Woman that we read of, and therefore were not necessary to confirmation of the faith, nor sanctification in the faith internally: for that they needed as well as men; but that Sex was for­bidden [Page 14]the Ministry. Nor do we want concurrent judgments in this point, both ancient and modern; but that is beside my design to prosecute. Only I observe Cornel. a Lapide so ve­ry particular, as to affirm, that he desired the Bishoprick of Samaria: A Lap. in loc. l. 4. de notis eccl. c. 13. And Bellarmine is very certain, he offered Money for the Episcopal authority. Constat Simon Episcopalem authoritatem ambivisse, & durâ pecuniâ emere volu­isse.

That the buying or selling any of­fice, instituted by the holy Ghost, in the Church, was adjudged Symony, appears by Stratford, who decrees Anno Domini 1342 (as Sharrock af­firms out of a Mss. in Bodley's Library) nec decet episcopum manus impositionem vendere: nec ministrum, calamum ve­nundare: And accordingly 'tis deter­mined in the Council, that from thence-forward, the whole charges of every distinct Ordination, and Let­ters of Orders sealed in England, should cost the Ordained but 6 d. and all in­struments, for setling the Clerk in his benefice, but 12 d. vid. Lindwood, l. 3. tit. 22. de censibus. Cap. Saeva & mi­serabilis, &c. And if the Candidate [Page 15]for Orders, proved Simoniacal, ad quoscunque Ordines ne praesumat accedere, says Walter Reynold Arch. Cant. in the second Council at Oxford, A. D. 1322. And if he could get into Orders un­discover'd, yet is he declared by Ed­mund Arch. Cant. Irregular; and he compares him with Homicides, In­cendiaries; and forbid to dispense di­vine Mysteries till he have made full satisfaction to the Church.Prov. Vet. l. 1. tit. 4. de Ordi­nandis. Thus too, it was managed under Pope Greg. M. in the reign of Mauritius, who follow­ing the sacred Rules of his Predeces­sors, decreed, nihil unquam de ordina­tionibus accipiendum: no nor for the Pall, nor any Papers: and gives this reason for it,Greg in Synodo Rom. Quia non decet aut Epi­scopos suam manum, aut Ministros, vel Notarios, suam vocem vel calamum ven­dere. And indeed it looks a little un­couth, that a man should purchase leave to serve God; and hire the pre­ferment of being Christ's Messenger. And that the Ordainer should sell the Spirit, as Judas did the Son; and the Or­dained like cursed Jews, should be the Buyers. Midas Fable is but too sinfully verified in such men, since their Touch turns all to Gold. Doubtless they [Page 16]would not give the droppings of their Nose, whose very breath cost men so dear. But we may well desist, this Crime being more rare, than Wolves in England, since the Reformation: and seems to be a native plant of Ita­ly: flourishing no where so well, as where the Pope hath set his foot. Of which the select Cardinals make a most sad Complaint to Paul 3 d. say­ing, they discovered in Eligentibus cae­citatem, in Electis insulsitatem, in utris (que) Simoniacam perversitatem. The scru­tiny at Rome who is fit for Orders, is made in the Pocket, not in the Pate: nor do they examine his Conversa­tion, but his Compensation: 'tis no matter if he be no able Scholar, so he be an able man. Nay a Child will serve the turn, for the best Bishoprick in France, if he send a golden Orator to procure it. The Pope once told his Cardinals upon preferring a mean man: if the King of England had desired his Horse to be made a Bi­shop, he would not have refused him; for the King had commended him, not in a long Testimonial, but in a round Summ, which with them is the Total of all perfection.

The Centum Gravamina, complains, indoctis, agasonibus, stabulariis, dantur beneficia. Hostlers and Grooms were well enough letered, if well enough lined. Picus Count Mirandula tells Pope Leo 10th to his face and his Council in Lateran, That they gave Church Livings, lenonibus, & Catami­tis, to Pimps and Panders, Ganymedes, and what not for Money? Yea, the very Apostolical Legates (as they fa­natically Cant) in the Council of Trent, confess men were ordained in­to the Church, that had nothing Ca­nonical but their Copes and Cassocks. What Nauclerus confesses of Boniface 9th time, Curiam Romanam labe Si­moniacâ infamem esse; was true long before,Gen. 49. and it may serve for their Character ever since. Let the Eng­glish Clergy rejoyce that they live out of the reach of these Tarpeian Harpies: which made our Predeces­sors purses tremble at every screich of the impure Bird.

3. And to buy and sell the Mansions of the holy Ghost. Here the Pastors and Teachers, are set over the Church by the holy Ghost; the Church is the Temple of Christ, and the whole mat­ter [Page 18]spiritual. Now in buying and selling these, Gods people are bought and sold like Slaves, in this profane Market. The Souls of Men, once va­lued so high, as to be the purchase of our Saviours precious bloud, are now sold for a sacrilegious Bribe. O unheard of impudence! That makes those invaluable Jewels, the matter of vain Mens traffick.Epiph. This was so hate­ful to the ancient of piety, that they judg'd the very opinion of its lawful­ness, a haeresy:Aug. ad quod vult d. de haer. in principio. Greg. l. 3. ep. 13. & passim. and so doth Epipha­nius, St. Augustine, Greg. Mag. and so de Langius, and Schaffnaburgensis, in their Chronicles all along. Yea so hateful hath it been to the whole Chri­stian Community, that an Oath hath been administred against it for many ages. And for England in particular, 'tis decreed in Conc. primo Oxon. un­der the said Archbishop, Stephen Lang­ton, That all Bishops should impose an Oath on any suspected person: that nec promiserit,Lib. 2 tit. 6. de jureju.nec dederit aliquod praesentanti; nec aliquam propter hoc in­ierit pactionem. I confess this Oath is very large, but it shews the piety of those times, would not endure any kind of bargain about these things. [Page 19]And so watchful was this Council o­ver the Bishops, that they decreed in Collation of a Praebend, Commendum or the like, the Bishop should receive nothing for Institution or Mission; no nor vel chartâ super hoc faciendâ. Nor might he suffer his Officials or Arch­deacons, to extort any thing: because (says the gloss) 'twas adjudged Si­mony so to do.V. l. 3. tit. 6. cap. Quia juxta.St. Edmund goes far­ther with his Council, and degrees; nulli liceat Ecclesiam nomine dotalitatis ad aliquem transferre, vel pro praesenta­tione alicujus personae, Pecuniam, vel ali­quod aliud emolumentum, pacto interve­niente recipere, &c. In English thus, Let it be lawful for none to transfer a Church to any man, in the name of a Dowry (which is commonly cal­led Smock Simony) or to receive any Money for the presentation of any person; or to bargain for any other profit. Which if any shall do, and be convict in Law, or shall confess it; we decree him as well by royal as our own authority, to be deprived of the Patronage of that Church for ever. This Canon being the chiefest against Simoniacal Patrons, is by Sharrock's Edition of the Provincial [Page 20]reckon'd to St. Edmund; but that is a mistake, for 'tis plac'd upon Richard Wethershead, in the old Books, who was St. Edmund's Predecessor: and so 'tis in the Syllabus of this election; and so 'tis reckon'd by other good Au­thors: and accordingly it bears date, A. D. 1229, which was two years be­fore Edmund came to the see of Can­terbury. And for the royal authority mentioned in it, I conceive it depends upon a former Canon, made under Richard Archbishop of Canterbury, in the reign of Henry the 2 d, in his Synod held at London, A. D. 1175. Which decreed, that every Patron ta­king reward for any presentation, should lose his Patronage for ever. As Hoved. notes, in Vita Hen. 2 d, at which decree, Henry the 2 d and Ri­chard the First were present, and consented. But because both these, transferred and forfeited a tempo­ral right, which the Law (it seems would not allow a Canon to do) they both prov'd ineffectual. 'Tis pretty to observe, what pains the Glossator on this Canon takes, to ex­plain Perpetuum, to be during the life of that Patron: being loath such hor­rid [Page 21]breaches of trust, should be too severely punished: when 'tis plain, that the King and Church, did by that means declare the trust forfeited for ever; by the abuse of it. But the Canon being rejected, the Lords portion is become his Daughters; the Patrons children are enabled to live by Sacriledge; and yet himself declared unfit to bear any Trust in the Church affairs. And the very Clouds labour with the weight of Curses that hang over his head. Cursed be the Deceiver saith Malachi 1.14; and he is no small one, that deceives God, in what is intrusted to him: and Mal. 3.9. Ye are cursed with a Curse, for ye have rob­bed me. Remigius Altissiodor renders Anathema by alienatio, and says,Com. in Zack 14. Bibl. pa tom. 1.'tis in rebut, quas homines vota facientes, templo affigebant, & a se alienas facie­bant, and in truth, [...], is put by good Authors, for donarium Deo con­secratum, any thing devoted to God, and [...] for Exitio desttinatus, one devoted to perdition, and both from [...] to set apart; as believing the curse of God and Man is intail'd on him that takes to himself, what is devo­ted to God. So that our Patrons Pa­negyrick [Page 22]is spoken from Mount Ebat;Gen. 27.12.and by these acts, as Jacob told his Mo­ther, he rather brings a curse then a blessing on his Family. And this was Justin Martyr's sense of Anathema too;V. quaest. 121.yea their own fathers, in their dedi­cations, did themselves load them, that abridge or pervert their free Do­nations, with mostDarius curse. Ezra. 6.1. The common form is venien­tibus contra haec & destruentibus ed, occurrat deos in gladio iro & furoris & viadictae & ma­ledictionis aeter­naev. Apostolatus Benedict. in Aug. Append. sido f. 60.direful Impre­cations: and why may they not fear the effects? as Hiel the Bethelite many years after did feel the curse that Jo­shua many ages before, Joshua 6.26, had laid upon him that should rebuild Jericho: for Hiel to please prophane Ahab, and to shew how gallantly he could delude those ancient curses, built on; though he had lost his First-born Son Abiram, till all his Children pe­rished, one after the other. So that the Gates (which were the last thing done), were erected in the death of his youngest Son Segub. Thus was the City built, but no Heir left to inherit it. 1 King, 16.34. Yea the whole English Nation, have by joynt Votes and Statutes, commanded the Bishops of each Diocess,Stat. 25. Edw. 1. Anno Christi. 1297. twice every year, solemnly to excommunicate all Persons whatsoever, that shall violate [Page 23]the great Charter, in any clause of it. The first of which confirms the Rights and Freedoms of the Church, which these men so boldly violate.

Nor hath the dire effect been less visible in this Kingdom, than any o­ther Look what curses overthrew Necuchadnezzar; the same or like, ex­tirpated our William the Conquerer and Henry the Eighth:De non temer­eccles. in pref. p. 24. and that (as Spelman observes out of several Au­thors) at the same period: all their Names and Bloud being rooted out of the earth, in the sixty eighth year af­ter their violations.

As for Henry the 8th, he married Wives enough and on purpose to pre­vent the defect of issue; and enervate the foreboadings of his Adversaries. And left children enough to have possessed the Royal Throne to many Generation; had he not left a sacri­legious Phthisis amongst them, which the piety of his Children could not attone.

And for the Conqueror, 'tis ob­served by all sorts of Historians, how eagarly vengeance pursued him; after he had turn'd thirty six Parish Churches in Hampshire, with all their [Page 24]Revenues, to his own use, for a For­rest. He did it in the Eighteenth year of his Reign, and Anno 19, his Son Richard was there goared by a Stag,Speed, fol. 429. says Speed. Ib. Cambd. Brit. p. 259. But Mr. Cambden says, by a pestilent Air breaking out of the Earth. The next year, his Horse af­frighted with the flames of the City of Maunts, (which he burnt with the Church of St. Maries and two An­chorites) yarkt so unexpectedly,Math. Par. fol. 13. as to break his Riders Belly, of which he died. His Grandchild Henry, Son of Robert Duke of Normandy, Speed ib. hunt­ing in this Forrest, is struck through the Jaws with a Bough of a Tree, and so ends his days.Math. Paris. f. 71. His other Brother William, made Earl of Flanders, was slain by his Uncle Henry the 1st. Robert Duke of Normandy, the Con­querors eldest Son, had his eyes put out,Ib. f. 73. by his younger Brother Henry the 1st, and is starved to death after twenty six years imprisonment, by his Brothers Order in Caerdiff Castle in Wales. His Son William Rufus, was slain by a slant rebound of an Arrow shot at a Dear by Sir Walter Tyrrel, in the said Forrest, Anno Reg­ni, 13, whilst himself gave the pro­phane [Page 25]command, Trahe Diabole, Math. Par. f. 54. Shoot you Devil. Henry the 1st, was the Conqueror's fourth Son,Ib. Fol. 69. Speed. 459. and succeed­ed Rufus in the Throne; whose two Sons William and Richard, and his Daughter Mary, were all drowned to­gether in a calm day, nigh the Eng­lish Shoar. And the King himself dies of a surfeit of Lampreys. Here is bloud touching bloud, vengeance up­on vengeance. And so concludes this sacrilegious Conquerors Race: his name being quite put out.

But Judgment is often swifter than sixty eight years,Act. 5. for Annanias and Saphira died presently. And William Marshal Earl of Pembroke, that rob'd the Bishop of Furnes, of two Man­nors belonging to his Bishoprick in Ireland: was assured by the Bishop, that in the next generation, his name should be extinct: and the King was told by him, that he should live to see it. Yet 'twas unlikely enough,Math. Paris. f. 687. for he had five Sons, lively and valiant men; but alas, all died Earls of Pem­broke successively, within twenty five years, and his name and family utter­ly blotted out of the World.

Cardinal Woolsey, seemed the Dar­ling of his Prince and Countrey for many years: but he ventures on sacri­lege, Anno Hen. 8.17, and is in a pre­munire,Goodwin. fol. 104. Anno Reg. 21, and despoiled of all, even to the want of Bread. And the next year he is forced to take a Purge say some,Mart. 304. Poyson say others, to get rid of his hated life. Nor did any one of his five Friends, miss of divine Vengeance, that he imployed in his Sacrilege, as is manifested by Goodwin at large.Goodw. f. 67.

There is a Family in the County of Lincoln, of a Noble Stock, to whom For­tune had never been unkind, till they dispeopled the Parish where they were seated by Inclosure; and impounded the Parish Church within their own yard, and took all the profits to their own use. Since which, a brisk and smart Providence hath so closely pursued them, that five Lords successively Pos­sessors, and about nine or ten Heirs Male, have perished in the space of twenty years. A meer stranger to their bloud is now in possession of the scantling left; and there remains but one feeble Female to support it.

Stanislaus Socolovius takes the Turks succesful inrodes into Hungary, Orat. Stanis. So­colov. Gul. Tyrius de bello sacro. 17. to be a judgment on that Nation, for seiz­ing Churches Revenues. And William Bishop of Tyre, imputes the dismal blow given to the Knights Templars, to the heavy displeasure of God upon them, for detaining the Lands and Tythes given to the Church, to their own use.

Instances in this kind are almost in­finite; and humane experience is nigh cloyed with evidences of the smart Reflections providence hath made up­on Sacrilege. Whoever desires to be further satisfied in this matter, may be sufficiently furnished in Bredenba­chius, and several other Authors,Bredenb. de sa­crileg. vind. & paene. that handle it at large. And therefore with great reason, did that noble Ge­neral Monk Duke of Albemarle re­joyce, that in all his ample Reve­nues, he had not one foot of Church Lands.

Nor is it from our purpose to ob­serve, how exuberantly the blessings of Heaven have distilled on their heads, that have been careful to aug­ment, rather than detract from the Lords Portion. God blessed the house [Page 28]of Obed-Edom, for protecting the Ark, but smote all the Philistines that im­prisoned it, wheresoever it came: so that Ashdod, Gath and Ekron cryed out,1 Sam. 5.11. Let it go again to its own place, that it slay us not, and our People: for there was a deadly destruction through­out all the City; the hand of God was very heavy there. Who was greater than Moses, that made Collections for the service of God? Or who was more successful than David that re­joyced at the free oblations of the People? Instead of detracting, he made large provision for the worship of God;1 Chron. 29.3, 4, 5, 9. offering vast treasures; E­ven 3000 talents of the Gold of Ophir, and 7000 talents of refined Silver, be­sides Vessels of Gold and precious Stones. And this course too, steer'd that mag­nisicent Prince Solomon the Wise. What vast Treasures did Constantine the Great, (a Prince unparalell'd for Wisdom, Piety, and Puissance) powre out upon the Church, to the provoking the envious Devil to cry out in his hollow shreiks in the air, Hodie vene­num infusum est in Ecclesiam. Thus Charles the Great made it his chief study to increase the maintainance [Page 29]of Religion: and God blessed them ac­cordingly. While a sacrilegious Henry the, 8th, is ever in straights.

Hieron. de Cevallos says, If the Spa­nish Territories be surveighed, it will appear, the Ecclesiasticks have full as much as the Seculars: which oc­casioned Boterus to say; That for the Reverence and Wealth this Nation be­stowed upon the Church,Relat. Vnivers, l. 1 p. 4. God gave them Potozzi, Megalupae and the rest of the Indian Mines.

And indeed we have the best secu­rity the World affords to expect such success; for God himself passes his word for it. Malach. Mal. 3.10. 3.10. Bring you all the Tythes into the Store-house, that there may be meat in mine house, and prove me now herewith, saith the Lord of Hosts, if I will not open you the Windows of Heaven, and pour you out a blessing, that there shall not be room e­nough to receive it, and ver. 11. I will rebuke the Devourer for your sakes, and he shall not destroy the fruits of your ground, neither shall your Vine cast her Fruit.

St. Aug. affirms,Aug. serm. 210, de temp. Decimae ex debilo requiruntur; and brings in God, chal­lenging the whole prosits, as Lord of [Page 30]the world; then dividing it thus, Re­serva Tibi Nonas, da Mihi Decimam &c. Keep your Nine parts to your selves, give me the Tenth: If you will not give me the Tenth, I will take away your Nine:Walafrid. Sra­bo dereb. eccl. c. 27.29. if you give it, I will mul­tiply your Nine. So that men may assure themselves to thrive well if they tyth well. And that 'tis the best security to our own estate, to be just to God. He that cannot trust God on his Word and Promise, whom can he trust? Nor can he be other than an Infidel, that promises himself Prosperity, whilst he strives to starve Religion.

'Tis very probable, that the glory and honour which the Kings of the Earth were to bring to the Christian Church, Rev. 21.24, were Riches and Reverence. And so 'tis said of whole Nations to Rev. 21.26. And they shall bring the glory and honour of the Nations into it. And in truth want without a power of miracles, will expose the Church to contempt: for it will depress mens spirits, and and cool their zeal. If the Preacher live at the Patron or Parishioners Tren­cher, he must be civil to their crimes. [Page 31]A Church must be so refulgent as to awe huffing Atheists, in Scarlet or Buff, from affronting it. Alexander the Great, reverences Jaddus the High Priest of Hierusalem, but not without his Pontificalia. Eccles 9.15. The Poor mans Wisdom will be despised. A dull and blockish Irreverence will assault a poor Divine from a stupid Plough-boy. The com­mon Farmer will loath heavenly Man­na out of a Beggers hands. Majesty it self without its Crown and Scep­ter, its Pomp and State, would soon be slighted, Nor doth any thing hold off the trembling multitude from tram­pling on the Judge, more than his Trumpet, Robes and Grandeur. So that to impair the Churches Revenue is to attempt its ruine, and must needs draw the heavy vengeance of its Foun­der after it: Whilst to increase it, is to act for and with God; and so en­sures the blessing to us and our Poste­rity.

4. Lastly, in a word, all things es­sentially belonging to the Ministerial calling, admit of Simony: whether Antecedent as Election, when suffra­ges are bought and sold; Presenta­tion, in contracting for the Church: [Page 32]Ordination, agreeing its price with the Bishop or his Officers, Institution, or Induction. 2. Or Concomitant, as making Merchandise of the Word and Sacraments. 3. Or consequent, as taking Bribes, to conceal presenta­ble crimes. Or binding men in Church censures, not to reform ill manners, but to be paid for loosing them. Or to pay Archidiaconal procurations, that they may not personally visit their Churches, which is declared by Otho­bon the Legates constitution, sapere Simoniacam pravitatem. V. tit. 19. c. De­us omni. Nor is any Church far from intentional Symony, That makes Canons, not to direct their peoples practise, but to be di­spensed with for their Money. They are well called Retia, in the Church of Rome: being more profitable than St. Peter's Nets: and deserve execu­tion by the Besome of Destruction, rather than to be executed.

3. The means by which Simony is effected, and they are either generally, by Bargaining, or particularly by the things Bargained for.

1. Generally by Bargaining, which in this case is utterly unlawful, because the subject matter is so. It is no more [Page 33]lawful to treat of it, than of the con­ditions and Rates of Rebellion, Mur­der, Whoredom, and such like. In which to endeavour to perswade, is to woe a mans consent to evil; and to get him to promise, what is a sin to perform, and consequently 'tis to oblige him to sin. Whereas that work, becomes none better than the Devil: since 'tis but to undertake the office of a Tempter. I the more wonder any tongue can be so base, as to accept the employ. Men must first reckon him a mercenary wretch, whom they send in this Errand. The Casuists reckon them amongst the Contract us il­liciti; and the Canons condemn the bar­gaining. Ames defines Simonie;de Cons. 15. c. 42. f. 12. quocun­que modo commutare, rem sacram vel spi­ritualem, pro temporali. He matters not what is exchanged, so it be a bartering of a temporal for a spiritual, and gives a double reason for it; because sacred things are prophaned and polluted, and handled as worldly things: when they are brought into bargaining, and valued by worldly things. 2. Because 'tis unjust to sell, what ought freely to be given. And in truth, the very de­bates (as means) do partake of the [Page 34]nature of, and are desecrated by the end.

But let us hear them treat. The Pa­trons Agent is fain to Lapwing con­science, while he negotiates; pro­pounding an old Horse to sale: or tacking a crakt Abigail, at the tail [...] the Presentation. Or in honest words desiring him to be obliged to be cosen­ed, in part of his Glebes or Tythes saying, the Patron desires a peaceable Man, that should not be severe with himself or Tenents, and to that end demands a Bond, for Resignation at pleasure, or when his Son or Friend comes to be sit. This halter's Horses consciences, without bogling. He can't say, the Patron hath a living to sell: the word Sell would affront con­science, and proclaims an open lie: for the Patron presents a Minister, not a Proctor, to the Church; not Parso­nage Barn; to the cure of Souls not of Tythes: and accordingly the Bi­shop institutes. The Parsonage is but a consequent, provided by charitable Laws, to support him in his Office; and was never in the Patron. For as the Digests affirm, in their barbarous; style;v. l 1. tit. 8. [...]. [Page 35]Sacred things are of Divine Right, and are holden of no Lord. The truth of which, in our Law, will be considered hereafter. The Patron presents to the Church real, rather than Metonymical; that is, to the Christians living in such a Parish, to whom the Archdeacon, by the Bi­shops mandate, opens a Temple for publick worship.

Can the Agent say, the party treat­ed deserves not the whole profits? this were to affront him: and to shame his Matter that made so ill a choice. Doth he say, the Patron deserves a gratuity? but then it must be free, and may be done after, without bargain. Yet the very attempt to bargain, shews the Patron unworthy; by stri­ving to betray his trust, and to daub himself with the defilement of Si­mony and Sacrilege; and to introduce a Priest by Perjury.

But what can the poor Priest reply to abate these high demands? Is two hundred pound too much, to purchase the Office of Christ's Ambassador? that were to vilifie his Master and Calling. Are not the souls of the people worth half the money? What need is there [Page 36]then of any Pastor. Is it a mean Of­fice to be Priest of the most high God? and a Saviour of himself, and them that hear him? what then is great? O unfortunate Market! where neither Buyer nor Seller can speak sense.

But you will say, the Minister will transact this part by a friend; true but this is to defile two conscience instead of one. 2. The Clerick is the more guilty, for doing by another, what his own conscience is ashamed of. 3. And the guilt no less, for Pro­ximus cujusque est quisque; he knows well enough, Qui facit per alium facit per se. David was not excus'd for U­riah's Murder, though slain by the Children of Ammon. Nor Ahab o [...] Naboths Murder, though he lent not: stone. Nor St. Paul of devout Stephen Martyrdom, though he lifted not singer against him. Nay if done with out the Incumbents privily, he is; a Simonist in Law; as will appear a non. And an after discovery obliges him to grief: as not called of Christ, who calls none by sin. As a Thief that came over the Wall; as one that hath long lived upon the wages of unrigh­teousness. [Page 37]And is bound to Resigna­tion, as Henry the 8th, was to separa­tion, if the marriage were incestuous, though not discovered till twenty years after. 'Tis no good Title to a stolen Horse that the Thief gave it to him, though ignorant of the Thie­very. Accordingly, the Novel Con­stitutions outed him.Phot. Nom. Tit. 1. cap. 24. Schol. [...].

And the Transactor (whom the imperial Law, as well as the Canon calls [...] and [...]) &c, L. 3 Basil. tit. 1. c. 9. & Phot. Nom. tit. 1. c. 24. Schol. and the Latines call Interventorem, Proxen­ctam, &c. is within the reach of justice too, and punished in double the sum contracted for: [...]: and if he were a Clerick, it was De­gradation, but to midwife this im­pure birth into the Church.

2. Particularly, the things Con­tracted for. Which are as various, as the subtil Serpents windings; to elude the Laws, and couzen the conscien­ces of men: which never appear long in any one shape. So that the School­men are fain to say, Simony is com­mitted not only by giving Money, sed [Page 38]versatur in iis omnibus, quae vel pecuniae aut pretio possunt aestimari, and con­tains all valuable Conditions in order to a promotion, to any spritual pre­ferment.Calv. Inst. l. 4. c. 5. s. 6. Calvin distinguishes them as many others before and since have done, into munus a manu, munus a linguâ, and munus ab obsequio; which different ages have differently ex­plained.

1. That a Manu, intimates money or moneys worth: whether Goods Cattle, Bonds, Covenants, Leases, or glebes or tythes at half rates, or to debar tythes, in some particular grounds; or to perfect injurious pra­ctises, ripening them into Customs but who can reckon all the strange turnings of this crooked Serpent? It would affright an innocent conscience but to peep into these dark Cavern of iniquity.

2. That a Linguâ, is commonly un­derstood to lie in flatteries: but may extend to giving verbal Promises, to offer intimations of willingness, to renounce the Churches known rights or to acknowledge feigned Debts, to be due to the Patron, before such Negotiation. Or to give leave to sel [...] [Page 39]the Timber of the Glebes, &c. but who can account, for the sacrilegious prodigality of the tongue?

3. That ab obsequio, when a man shall wait on the Patron gratis, or submit to pay some of his debts: or become his Steward, or Bailiff for no­thing, or to entertain himself or Ser­vants, as oft as they come thither: or to be Domestic Chaplain: or to teach his children gratis. Which is to pervert Gods Minister, from the Altar, to attend the Patrons drugery. And to build up his own house with Gods Revenues.

Having considered the means, let us now view, 1. the greatness of this sin in general. 2. The sad consequen­ces that attend it. 3. The severity of the Laws made against it. 4. That of Bond Simony in particular.

1. We may consider the greatness of this sin; 1. In its original cause, which is Avarice. 'Tis the viperous Spawn of that root of all evil: and therefore is not only equal to, but identical with Idolatry. Eph. 5.5. Since the Selling of God in his gifts for Mo­ny; declares we value money above all. The Pharisees thought Gold [Page 40]greater than the Altar: but the Si­monist (worse than the vilest Phari­see) thinks it greater than the Tem­ple, and its owner too. Covetous Midas turned his food; but this the bread of life into Gold. The Golden Number with them, is much before the Dominical Letter. Both Buyer and Seller concluding, that Money is a valuable consideration, for all things concerning Religion. They would be thought fine Gentlemen, whom God brands with this mark of filthy lucre. What will they answer, when at the Judgment seat, God shall deride them, in the scornful words of the Prophet; a goodly price that I was prized at of them. Zech. 11.13. It seems then, Judas is not the only men that sells, nor the Jews the only men that buy their God. And the great Iharasius saith, Tolerabilior est Macedonii haeresis; that made the Spi­rit a Slave to God; than the Simonist that makes him the Merchandize of men:Dec. 1. q. 1. cos qui, &c. for when we sell him as our beast, or our Slaves, we declare him our Slave; and that we have dominion over him. No doubt, these earthly souls, count gain the greatest Godli­ness: and with King John, would sell [Page 41]their faith, as well as Churches, upon good Consideration. Thus have we restored, the Buyers and Sellers into the Temple, whom Christ whipt out. Per nummularios (saith St. Hierom) are meant, beneficii ecclesiastici venditores, Math. 21.12. Joh. 2.16. qui domum Dei faciunt speluncam latro­num. And Greg. Mag. explains,L. 7. ep. 110. Co­lumbas vendere, est de Spiritu Sancto, quem sibi Deus per impositionem manuum hominibus tribuit, commodum temporale percipere. Upon this account, the Church hath been oft branded, for preferring Lucratinas artes loco Theo­logiae, as Alliaco notes.In. ep. lib. de e­mendat. eccles. And the Ger­mans sadly complain, that their great­est Churches, ob pecuniam, infimis homi­nibus conferri; V. 100. Grav. Germ. were confer'd on the dregs of men, for their Muck. And the flattering Canonists, to ease the Popes and Cardinals Consciences, in selling of benefices,V. extra. de of­sicii Judicis Deleg. ex parte N. inglos. cunningly di­stinguished, between Simoniaca jure divino, and jure positivo; making the buying and selling Sacraments (a thing seldom done, and of little profit) to be Simony by divine Law: and sel­ling benefices (the greatest, as well as wickedest trade driven in the Church) to be Simony; only by po­sitive [Page 42]Law: quo laxiores in peccando reddant conscientias, says one. And another of their own; In aureo speculo, crys out, O Peter, Peter, what Troups of Souls hath this superstitious and damned Distinction sent, and yet doth send headlong to hell. It is the occasion (says he) and opens the way to their everlasting damnation. Let greedy Patrons (if they can) shew any one title of divine Right, or hu­mane Law, that favours so vile Op­pression. Or else let their Conscien­ces acknowledge, with the fathers: Avaritiam Simoniae Matrem, that it hath no other Womb but that of A­varice. And then let them remem­ber that old Verse, ‘Si vites mortem vites saligia mortis.’

2. From the villany it discovers; that we have a very slight esteem of God and Religion. What could discover the profaneness of Esau's mind,Gen. 25.33.34. more than to sell his Fathers Blessing and Birthright which carried the Priesthood with it. The Scripture saith, when he had sold it, Thus Esau despised his Birthright. And thus was [Page 43] Jeroboam convicted of a false heart to­wards God, in that he consecrated, whosoever would purchase it, to be a Priest to the Lord;1 King. 13.33. even of the lowest of the people. What is this, but set­ting our Religion to sale? And what can more evidence, a carnal and worldly mind? such a one is eased of all farther trouble of examining his heart, and may take St. Peter's word for it (as a case already judged) that he is in the gall of bitterness,Act. 8.23. and bond of iniquity. Doth not he deal barbarously with God, that will not let him have a Priest to serve at his Altar; but at so dear a rate? Had these Patrons liv'd in the time of Christ, would they not have attemp­ted to force a Fine from him for his high Priests Office? Is not this ma­king God a Merchant, and retailing his Blessings for Money? Had not Ge­hazi a sordid opinion of God's gift to Naaman, that would value it at the rate of a Talent of Silver?2 King. 5.20. How strangely would it look in Christ, had he turned Stones into Bread, and then set up a Bakers shop, and sold Loaves for pence? Or to have turn'd Water into Wine, and then have retail'd it [Page 44]by Quarts, for Money? Or to cure the Sick, Blind or Lame, and then cal­led for his Fee? Or to catch Fish by miracle, and then furnish the Sham­bles for Money? By so doing, he had shewed, 'twas Earth not Heaven; 'twas Gold not God that he valued. Hoc enim est sub pretio redigere gratiam, Can. siquis episc. d. quest. quae vendi non potest. Says the Canon, to set a rate upon grace that cannot be sold.Apol. c. 39. For as Tert. well notes, Ne­que enim pretio ulla res Dei constat, no­thing of God is saleable. So that, if the people sinfully pinch on the Par­sons side, the Patrons do more pro­phanely pinch on Gods side; yea they sell their own Reputation for honesty, and allow as many as know the con­tract, the liberty to esteem them sacri­legious Atheists.

3. From the inexcusableness of the Crime; it being much more honest to die for want, than live by robbery and sacrilege.F. de offic. prae­tor. L. Barba­ [...] colum. 2. See what pains the fawning Canonists are at, to excuse the Pope, in this wicked practise. Baldus holds, he can't be a Simoniack, though he take Money for Benefices; and so says Bartol. and Theodoric speak­ing of the schism between Urban andL. 1 c. 32. [Page 45] Clement, gives the reason. Quia Simo­nia excusatur per authoritatem ejus; that is, he is supreme, and none can judge him for it: but sure every Patron, swells not to this Papal heighth. The Sum­ma Angelica saith, that Simony is de jure positivo, and the Pope can't be bound by his own constitutions;De offic. judicie deleg. ex parte N. but sure the Laws against Simony are not the constitutions of private Patrons. Felinus excuses him out of charity; because of the Popes great profit. Nam cessante tali redditu qui maximus est, sedes apostolica contemneretur. As if 'twere lawful to live by unlawful means; and cause enough to justify thievery that we are poor: and that actions were then justifiable when profitable, and the greatest Offenders were the least Criminals. 'Tis strange­ly bold, to rob God to uphold our pomp and train. But the Arch-dea­con of Florence, argues much better, Papa est Dominus rerum temporalium, by his Charter Tibi dabo claves; and therefore may do what he will with his own. But will our Patrons pre­tend to any such Dominion; could all the wits of Rome have found any better excuses; the Pope had not [Page 46]wanted them: yet after all this adoe, several of them stand infamed for this odious crime. Langius charges Boni­face the 9th with horrid Simonies:Chr. ad an. 2404. and Plutina many more: Calvin cannot excuse one in a hundred: and Marla­rat condemns them all: vix in toto Pa­patu reperiatur sacerdos, qui non palam sit simoniacus: and so says their own glosse Roma est caput avaritiae, In Act. 8. ideo omnia ibi venduntur. And 'twas grown into a Proverb;De modo celeb. Conc. Tr. 20. Omnia Romae vaenalia. Yea, so common saith Durand, as if it were indeed no sin. Insomuch that every School boy can tell us.

But why do we travel beyond sea, to find what too frequently occurs at home? Many seeming Protestants, having made this piece of Popery their own; and reduc'd it into daily practise: yet have less to say for it than those abroad. Our Laws sup­pose the Patron a Defender; 'tis strange they should find him a De­frauder. [Page 47]I wish they find not the Old saying true, Proditores sunt sui Perditores, for commonly such Tray­tors end in tortures if not of body yet of mind: the Worm of sacrilege gnawing on their Liver.

4. From the abhorrency good men in all ages have had of it. Dr.Tay­lor thinks, Duct. Dub. l. 2. c. 3. r. 3. n. 4. there needed no law against Simony; for all men had light enough to detest it without a Law; and holds it sufficiently condemn'd by St. Pauls [...]; though not the same crime with Simon Magus, because 'tis like it. But if it be true, that Magus attemp­ted to purchase a part in the Apostles Ministry, as we have prov'd before; and St. Peters answer imports, I see not how the learned Doctor will clear it, from being the same crime; and so justly wears his name and reproach. The Canon calls it Crimen Capitale: Qui studet. 1. q. 1. and the chapter Sicut 6. affirms, nul­lum atrocius peccatum, no viler sin can be committed. That zealous man I­sidor Pelusiota, writing to Leontius, calls the Simonists [...],Lib. 1. op. 315. as the true murderers of Christ: and indeed they break open the door upon him, with their Golden Wedges, and force [Page 48]him to accept their service and vio­lently ravish his Spouse the Church: Or at least force her to marry them or none; deposing their Saviour be­neath the golden calf, and selling him to any Caiaphas for Money. How brisk and keen the Fathers are upon this crime;In Matth. 12. may be seen in Hierom, and St. Augustine in his 37th Sermon to the Brethren in the desart, in Isidore Pe­lusiota and Greg. L. 5. ep. 276. the Great, every where, but especially in his 4th Book and 50 Ep. to Virgil Bishop of Arles: So is Tharasius Patriarch of Constan­tinople, in his Synodical Epistle to Pope Adrian: and Gelasius zeal may be seen in his Decretal Epistle,Dec. 2 [...].2. q. 1. c. quos constite­rit. where he determines, dantem pariter accipien­temque damnatio Simonis, quam sacra lectio testatur, involvit. Neither giver nor taker can be saved; but are both involved in the same condemnation with Simon Magus. And Echbert says, they that strive to enter by Money, a deo maledicuntur: and if they prevail, 'tis donum irascentis Dei: they have it not by the grace, but indignation of God; ut tanto damnabiliores fiant, that they may be more the children of Hell than ever. And when the Simo­niacks [Page 49]answer, that they neither buy nor sell spiritual, but temporal things, as Tythes, Glebes, &c. he replies, Nam quisquis horum alterum vendit &c.Eikbert advi. Catharos serm. 10. in Bibl. pa­trum. He that sells one thing, without which the other can't be had, sells both, and he that buys, buys both: as he that sells a Mill, sells also the water with it; though it be a daily renewing bles­sing of God. And thus he affirms, Pope Paschasius determined the matter. In a word, to make it the more odious, they appropriated a certain word to it, call'd [...] filthy lucre.conc. chal. can. 2. tit. 1. c. 24. And the fathers in Conc. Chalc. pronounces an anathema on such as are guilty: which so affrighted that great Pa­triarch Photius's Conscience, that in his Scholia on the Nomocanons, he falls to his Prayers saying, [...]: adding if God should be pleased to mark their transgressions, who may a­bide it? yea so bitter was the whole body of Christians against it, that whereas the Canons had disabled ma­ny ranks of men from witnessing a­gainst the Clergy; as Jews. Hereticks,L. si quenq. 31. d. ult. Infamous, Stage Players &c. Yet here as in treason, all mankind were al­lowed [Page 50]accusers. Hear Ivo Carnot. Praete­rea secundum consuetudinem &c. Further­more according to the custom of the Roman Church,Ep. 27. ad Eu­donem. they act otherwise a­gainst Simoniacks and the heresy of the Neophites, than against other crimes for whereas in other accusations, the honesty of the Accusers, and Witnesses is considered; to convict these even infamous persons are admitted: and 'tis probable the reason was, that none but infamous persons would be privy to such infamous actions.

Having viewed the greatness o [...] the crime, let us consider,

2. Its miserable attendencies. 1. In unhappy events. Baronius tells us our [...] of Desideratus, Annal. ad an. 1047. that Pope Leo the 9th having suspended a Bishop of France from his Office, a Presbyter with a good sum to the Chancellor, procured his Absolution: which Leo under­standing, said to the Presbyter, Th [...] Money perish with thee; at which he fell out of his wits; and could never do business more. So Malmsbury and Math. Westm. tell us, that Hen. 2d. Emperor, was three days fearfully haunted by the Devil, for being guil­ty of this scandalous sin: and Pete [...] [Page 51]Damiani tells us of a Priest,Ep. 15. c. 2. that could never say the Doxology after his Simo­ny: but seemed choakt at those words: and to the holy Ghost. Gehazi's leprosy is not unknown to any that have read the Scripture, for taking money for the gift of healing. Jason a bold Simonist, purchased the Priesthood of Antiochus Epiphanes at the price of 360 talents, and a Pension of 80 talents:2 Maccab. 4, 8. but Me­nelaus outbid him by 300 talents: and got the high Priests office from him: but both came to fearful ends; for Jason was accused before Aretas King of Arabia: fled from place to place,2 Maccab. 5.8. pursued of all men, hated as a forsaker of the Law, and had in abomination by his Country, having none to mourn for him, nor any solemn Funerals nor Grave with his Fathers. And Mene­laus was judged a wicked Wretch, the cause of all mischief, and was put to death by Antiochus at Baraea pounded, up with Ashes in a Tower rather than a Mortar of fifty Cubits high, not ha­ving so much as burial: and that just­ly (saith the Author) because he had committed many sins about the Altar,2 Mac. 13.5.8. whose fire and ashes were holy: there­fore he received his death in ashes. If [Page 52]a man escape publick vengeance, yet so many Curses cannot but lie fretting and burning him at heart; so as to de­prive him of his sacrilegious pleasures. As to the Seller his horrid end is scarcely unknown to any man.

2. The Buyer and Seller both come to a very bad Market for both lose.Eman. Saaphor in v. Simonia. The Buyer gets nothing is plain by that known Maxime of the Casuists, Collatio beneficii Simoniaca nulla est; and by the Bull of Pius the 5th, he is inhabilis ad alia, uncapable of any o­ther Benefice, and that we shall shew is true hereafter by the Canon Law. Navar confesses him uncapable in Law,V. Consi. 34. de sem. but might be capable in consci­ence, and who doubts that upon true repentance, not otherwise; but even that would not make him capable in Law any more: so that he is a meer Intruder and plain Usurper both of his Office and Benefice.Ib. v. Th. Aq. l. c. art. 6. ad 3. c. de Sim. And accord­ingly qui Simoniaci, beneficium accepit, in foro conscientiae tenetur beneficium re­linquere. He is bound in conscience to leave what is Symoniacally gotten. The reason is, the Law forbids any thing to pass by such an Act. And so is the Novel too, as cited by Joh. Antioch, [Page 53]Nomoc. tit. 11. out of 6 Nov. c. 1. v. 9. And such was the Apostolical Canon, and that Cohal Con. c. 2. [...]. Let him that is advanced by Merchandizing in holy things gain no­thing by it; but be a stranger to that oure or dignity he hath got by Money. So that the Simonist is no Pastor, hath no title, nor did he ever enter de jure but de facto only. The Patron also hath lost his presentation for ever by Canon: pro hac vice, by the Statute; besides the penalty superadded.

3. Both are excommunicated, so it be real and not mental Simony; to wit,Navar. l.c. num. 111. that 'tis not a meer Intention to give but a real performance or obliga­tion; and that neither party are ig­norant of it: for the rule is, Simoniacus realis est ipso jure excommunicatus. And the Extravagant affirms the same a­gainst the Procurers and Agents,C. l. cap 2. cap. 52. as well as principal. And indeed as Hinc­marus Rhemensis cites the Apostles Ca­non, ei qui pecuniâ dignitatis eccle­siasticae compotes facti fuerint deponuntur & consortio fidelium pelluntur. They that get ecclesiastical preferment by Money, let them be deposed, and ex­cluded [Page 54]the Communion of the faith­ful. The words are in Alexius Ari­stinus his Synopsis added at the end,Can. ap. 25 aliis 29. [...]. Simonis ma­gi instar in perpetuum excommunicetur. A Sentence now slighted, but once, yea many ages together, the most tre­menduous punishment on this side Hell; and the greatest that Christ de­signed in this world against impeni­tent sinners. It being futuri judicii prejudicium as a Father calls it: and a serious and grave judgment of the wisest and most conscientious men and best Laws; that the Excommu­nicate is (without repentance) in a state of damnation: which a truly tender conscience would tremble to hear; but Fools make a mock of sin, and of all spiritual judgments that at­tend it. They fear hanging not damn­ing. A good man would dread being bound in these ecclesiastical chains: or to hear his damnation proclaimed at the mouth of these venerable Ca­nons; whose reverend gray Hairs have been consecrated by the submis­sion of all the Christian world to them.

4. Restitution is on both sides to be made Facinus quos inquinat aequat. Lucan. l. 5. One receives the unrighteous Mam­mon, the other the wages of unrigh­teousness: both live on what is none of their own.Cyp. ep. 68. Et dum junguntur in culpâ fic nec in paenâ separantur: they are united in sinning, and can't be de­vided in suffering. For as Gunther ob­serves, consensu culpae meruit consortia paenae; agreement in sin, calls for agree­ment in punishment; accordingly the proemium on one side, and the profits on the other are to be delivered to some charitable use as Goods unjustly got­ten.L. 2. col. 15. Cov. l. c. n. 6. Jure divino Simoniaca pecunia re­stituenda est; say Soto and Covarrun, and many others. This Law of Re­stitution, is no invention of School­men or Canonists, nor one of the Po­pish traditions or unwritten verities; but came from the holy Ghost by the Pen of Moses. Lev. 6.4. He shall re­store what he took violently away; which will refer to Patrons that force Money out of their Presentees, Or the thing he hath deceitfully gotten. That relates to both Patron and Presentee, both having agreed to deceive the Law, the Church and Religion too. But [Page 56]many choose to go to Hell with a full purse, rather than to Heaven with a clear conscience. Hence 'tis so few vomit the surfeits of their Sacrilege; yet 'twas well practised by a true con­vert in the Gospel; If I have taken any thing from any man I restore him four-fold. But more of this anon.

5. The people in Communion are many wayes injured by it. For 1. The Patron chooses not the best man for their use; but the richest for his own. If he can but purchase, 'tis no mat­ter whether he can perform his duty or not. If his pockets be but full, 'tis no matter how empty his Scull: for the Pa­tron is to edify his own purse, not his peoples souls; and therefore like Judas will sell though to accursed Caiaphas. Hence the Princes complain they were disposed to such, [...]ent. grav. Qui ad mulos magis quàm ad homines pascendos & regendos essent idonei; as were fitter to fodder beast, [...]on [...]. delect. [...] ad [...]ant. 3. than feed men. The Cardinals call them homines imperitissimos, vilis­simos malis moribus praeditos: Indiscreet base, and evil men were brought in­to Church preferment. They were (as the Emperor Frederick calls them) Non tam praedicatores quam praedatores, [Page 57]non orbis Reparatores, says he to Pope Adrian, quam auri Corrasores. And here by William of Wickams leave, 'tis Mo­ney not Manners makes the man; but it marrs both Religion and Learn­ing.

2. Hospitality and charity to the Poor must needs be abated: For 'tis morally impossible the wide drains of Simony should leave the Purse as full as it would be otherwise. Nor can a Living maintain both Parson and Pa­tron, as well as it would maintain the Parson only. The fuller the Patrons purse, the emptier the poors belly: and the more he gets the less the Pa­rishioners can expect. So that the Pa­trons gripe, pinches not only the Par­son, but the Parishioners and Poor at once.

3. It makes the Incumbent the more exacting: Petrus Fullo purchased the Chair at Antioch by bribing Apollina­rius's faction; and then used it so ill, that John Bishop of Cyrus deposed him, and Zeno banished him, says the Syno­dical Book, Anno 482. The Palls of Mentz Coloigne and Saltzburg advan­ced from 10000 Ducats, to 24000 a­piece, make the people grone, who [Page 58]are always fleac'd to pay it. James Archbishop of Mentz dying soon af­ter he was preferred, was not trou­bled at his death, but that his poor Subjects should so soon again be com­pell'd to pay a grievous exaction for the Pall. Which Maximilian the Em­peror calls palliatum Simoni-amactoak, for Simony in his Letters to Adrian the 6th. These payments like Excise imposed on Ale by Frederick Duke of Saxony, Chro. ad an. 1486. made the Sellers mensuram mi­nuere non absque grandi scandalo & mur­mure Communitatis, says Langius. And so will these payments give men oc­casion to abate their care of the peo­ples safety, and to be very strict for their dues. Coming to it as to a Farm rather than a Church. And as our Statute 21. Car. 2, imposing 9 d. per Barrel on Ale, indemnified the Sellers as to rate or price. So must the Pa­tron be quiet and permit his fluxt Pre­sentee to reimburse himself though by very oppressive means.Plut. in polit. preceptis. Plutarch says, you may not enter some Temples till you have laid down your Gold; be­cause 'twas counted a heinous crime to bring it in: but many in England [Page 59]can't come into the Temples with­out it: though persons cry, ‘In Sancto quid facit aurum?’

What Concord between Christ and Mercurius, the Temple and the Market? yet these two things that agree no more, says Dr. Taylor, than Contem­plation and a Cart-rope, met in Jerusa­lem: and are no Strangers in England but to the publick calamity. For the Patrons great purge makes the Priest bite sharp to supply his empty Bowels.

4. And the Presentee is made by it un­capable of his Office; for how should the people believe a perjur'd man? Qui culpas debet emendare committit, says Gregory. He that should correct, commits the faults.Lib. 7. ep. 113. How can he con­demn indirect ways in others, that practises them himself? Can he press self denial, that hath ventur'd his conscience and credit both for self In­terest? Can the Patron reverence him at the Altar, whom he knows for­sworn at the Consistory. And how can the people honour him as a Di­vine, whom they know to be a world­ling? What guide will he prove, that [Page 60]missed his way at the very entrance? How can he joyn in Communion with them, whilst his conscience is not cleansed by Repentance? And what Repentance can there be with­out Renunciation and Restitution: but of this more hereafter.

5. His peace and safety depends on the silence of the Patron, Procurer and Agents: which makes him a Slave to wicked and covetous men; so that he dare not rebuke with any authority: greater servitude his Ene­mies can't wish him. They can blow him away with the breath of their mouth, he stands so tickle. If they confess and amend, he is ruined. 'Tis a kind of treason against God, of which he must fear the discovery: nor can he sleep more soundly than the Thief; that fears some of his Ac­complices may betray him. The neck of his Incumbency is in their Halter: and they may sniffle him when they please. Eusebius Bishop of Nicomedia that famous Arian, hired a Quean to sware that holy Eustathius got the child in her arms: and so got him ba­nished. But after being sick, she con­fessed what summ the Arians gave her [Page 61]to swear against her: and said, 'twas one Eustathius Aerarius got the child; which turned to the ruine of the Con­trivers.In Christo Ju­stell. tom. 2. v. lib. Synodalem. He is no safer than the unchaste wife, that dares not deny her paramour any thing, for fear he tell: and looks pale (like Faux and his Conspirators) lest the truth should come to light. O unhappy Preacher! that fears light more than darkness.

6. Lastly their Incumbent is all good mens scorn if known;Joh. 2.16. our Sa­viour never shewed a brisker zeal, than against the Bank and Marketting in the Temple.1 King 5.27. How sharply doth Elisha proceed against his Servant Ge­hazi, for this crime; clapping the di­sease of Naaman incurably upon him and his seed for ever.Numb. 22.7, 8. The Angel with a drawn sword resolves Balaam's ruine, for going to sell his blessing. St. Pe­ter shews the occasion of his displea­sure; 2 Pet. 2.15. that he loved the wages of unrighteousness: and so we may take that place, Jude 11. that the Gnostick Teachers ran after Balaam's error to sell their prophesy and bles­sings for reward: by this Balaam kind­led the wrath of God against him.Numb. 22.22. After this crime, old Isaac would not bless [Page 62]his Son Esan, though he sought it with tears. Heb. 12.17. That subtil Magician Hildebrand, knowing how hateful this sin was to all good men, blackned Henry the 4th. Emperor with it; in hope to draw all mens affecti­ons from him.Plat. in vit. Greg. 7. Though 'tis most e­vident, that Prince deposed Hereman the Bishop of Babenburgh; for entring Simoniacally. And he sat in the Church of Babenberg, to present to the rich Abbey of Fulda, and had great offers for it: but he was ashamed of them; and called out an humble Monk of Helvord, named Reucelinus, whom he preferred to that dignity. So a­gain in a great strife of bribes for the Lorissan Abbey;V. Lamb. Schassmaburg. Chron. he rejected all, and presented one that never thought of it: and commended Severus's way of rejecting Obtruders, and accepting the most modest as most fitting. But above all instances, see St. Peter's zeal against Magus, Pereat tecum Pecunia tua. When he would have purchased the Bishoprick of Samaria, or an A­postleship (as hath been formerly shewed) and as Urban 2d. seems to believe, in his Decretal Epistle to Lucius Provost of St. Juventius, Anno [Page 63]1099; where he argues that to buy Church livings was Simony: because Magus did not desire the holy Ghost of whom he was unworthy, but the power to give it to others, as the Apostles did: upon which in just indignation, the Apostle stooke him,Epist. 237. voce tonitrus says St. Ber­nard, with that thundring sentence: knowing 'twas the profit of be­stowing those gifts he looked after. For he considered how cheerfully fa­thers would deposite great summs to procure the gifts of Tongues to their children, without the harsh and tedious Padagogy of School-masters. And how ready rich men would be, to purchase wisdom and gifts of pro­phecy, and to understand all myste­ries: if they could be had in a mo­ment; so that they were the res Eccle­siasticae, the profits of Religion he aim­ed at; and therefore that is the first notion of Simony. And against it that great Apostle is so hot. What favour the Fathers had for it, hath been shew­ed in part, and may be easily con­jectur'd by the sharp Canons made against it. We will conclude this part with the zeal of that mirror of Learn­ing [Page 64]and all goodness. Dr. Michael Ho­nywood late Dean of Lincoln: who was wont to protest, he would no more converse with a Simoniacal Clergy man, of what rank so ever, than with a Felon burnt in the hand, or branded on the Forehead.

Yet as hateful as this crime hath been to all good Christians; former ages have not been so happy, as to be free from this accursed practice: no not the hither side of the Primitive times. For Peter Patriarch of Alex­andria, and immediate Successor to the great Athanasius, sadly complains of Lucian the Arian, his Simoniacal in­vading of that See. That he did it not [...],Theodorit. lib. 4. c. 20. as Theodorit reports it: and 'tis not to be wondred at, if a usurping Bishop, and monstruous He­retick, enter by Goldsmiths Row, into that famous City of Alexandria. Isidore Pelusiota gives Cyril the Pa­triarch an account, of Martinianus a Presbyters robbing the Church of Pe­lusium, Isidor. Pelus ep. ad Cyril. for money to buy Votes at A­lexandria, for his Election: upon which [Page 65]the holy Patriarch threatens him with Excommunication, unless he forbear. It seems, 'twas too commonly practised at Constantinople in those early days: for Evagrius tells us,Evagr. l. 2. c. 2 that Chrysaphius a Commander of Theodosius Guards, demanded of Flavian Patriarch of Constantinople, satisfaction for his ad­vancement to that See. But to shame him for so base a demand: Flavian sent him the Communion Plate of the Church. To revenge which indig­nity, Chrysaphius and Dioscorus toge­ther procured him to be kickt or trode to death, in the Eutychian Council.

Dioscorus of Alexandria, was also promoted by the same Simonist Chry­saphius: yet was not fully convicted, so as to be excommunicated for it till after his death; the subtile Merchants having cloaked the Simony,Evagr. l. 2. c. 4. under the dress of some civil power, that he had purchased: [...]: yet Eusebiüs Bishop of Do­rilaeum, so far detected him, in the great Council of Chalcedon, that the second Canon was voted (upon that occasion) against Simony.

We read also of an accusation, brought before St. Chrysostom, by six [Page 66] Asian Bishops, against Antoninus Me­tropolitan of Ephesus; as, for other things, so particularly, for taking Money for Ordination.Palladius in vi­ta Chrysost. It seems it was so common to buy it, that the Ordained pleaded a custom so to do, and if that they sin'd it was ignorant­ly. But St. Chrysostom degraded them: and Antonine being dead, he enabled them to recover on his Heirs, their Money got from them by fraud and Simony. Pope Simplicius tells us, of his deposing Gaudentius Bishop of Au­fin, Simplic. epist. 3. and all ordained by him; being convicted of Simony. And to pre­vent it, Justinian decrees, that the Electors who sign the Instrument of choice,Novel 123. should take an Oath, that they named them not for Money, or pro­mise, or any other thing but the real worth of the Elect. The methods also of Elections, were often alter'd to prevent this insinuating wicked­ness. Sometimes the Clergy and Peo­ple chose three,Novel ib. Anno 541. and the Metropolitan and Bishops of that Province pickt out one. Sometimes again the Me­tropolitan and Bishops propounded three;Conc. Arelat. [...] Can. 54. and the Clergy and People chose out one: as was decreed in [Page 67]the Council of Aries. Zeno the Em­peror shut up the great Church doors of Constantinople, left a fair Paper on the Altar, gave the Key to an Eunuch, ordered fasting,Niceph. l. 16. c. 18. and Prayers forty days; that God would order them a Bishop. Flavit as borrow'd Money of the Bankers, bribed the Eunuch, his name is inscribed, and accepted as a Patriarch divinely called: but the Bankers tell where the Money was borrowed, and he rejected.

Thus every age hath applied some remedy, to this growing disease, which is not yet extirpated. Greg. Mag. held a Council at Rome to ob­viate it: where it appeared, that mo­ney was taken in the name of Fees to Clerks and Notaries.Greg. Decr. in Conc. Rom. can. Therefore they decree that thenceforth no Fee should be given for Clerks labour, In­struments, Paper, Wax, Pall, or any other thing whatsoever. Yet they left it to the Parties discretion, to give some small gratuity, at pleasure.

It would tire a well breathed Reader to repeat all that Charles the Great's Capitulars, and later Councils have determined in this matter. I shall only observe, that hitherto, this crime [Page 68]hath been too hard for humane, wis­dom: Averruncet Deus.

3. We are now to consider, the se­verity of the Laws made against it: which we will consider 1. as Canoni­cal, 2. Civil, 3. Statute, and 4. Com­mon Law: we shall begin with the Canon Law.

1. The Canon Law, Greg. Magn. observes to Theodorick and Theobert Kings of France; that Simony was of the Devils plantation: Et in ipso ortu suo, zelo apostolicae ultionis percussa, dam­nata est:Greg. l. 7. ep. 114.that it was blasted by St. Pe­ter's Thunder in its first budding. And from thence the Church held Simony to be a haerely: now we may reasona­bly guess, they intended not the pra­ctise to be so; but the opinion of its lawfulness, against the Apostles and all succeeding Councils judgment. The Apostles Canon declares (as in Johan­nes Antiochenus collection;Can. 29.tit. 11.) [...] &c. If any Bi­shop, Presbyter or Deacon hath at­tained his dignity by Money, let him be deposed, and him that ordained him: and let him be altogether cut off from the Church; or Commu­nion, as the Latine version hath it; [Page 69] Alexius Aristinus in his Synopsis places it Can. 25. and it differs a little in words rather than in sense. The next is the second Canon of the Council of Chalcedon; [...] &c. If any Bishop shall cause Ordination for Money, and bring un­saleable grace to sale, and ordain a Bi­shop or Presbyter or Deacon,Codex Can. ec­clesiae universa­lis hath [...] be­tween Bishop and Presbyter.or any one that is numbred in the Clergy for Money; or shall advance any Stew­ard, Advocate or Mansionary for Money: or any at all of the Canons for his own filthy lucre. He that is convicted to have attempted it; let his own degree be indangered. And he that is Ordained, let him be no­thing profited by his Ordination or promotion got by Merchandizing: but let him be without his dignity or cure which he gets by Money. [...].And if any shall appear an Agent in this base and unlawful gain; if he be a Clerk, let him fall from his own degree: but if a Laick or Monk, let him be Anathe­ma. There are several other Canons to this purpose made by later Coun­cils; as Can. 22, and 23. Conc. 6th, and Can. 4, 5, 19. of the 2d Nicene Council;Tit. 1. c. 24.and many others reckon'd [Page 70]up by Photius in his Nomocanon: and Antiochenus, not needful here to recite. But by these 'tis manifest what care the Church of God ever took to sup­press this growing mischief.

2. We now come to the Civil Law. The holy Emperors found that the Crosier was insufficient to beat it down, unless their Sword were joyned with it: and therefore Novel. Const. 130. cap. 19. Decrees,Vide Joh. An­tioch. Nomocan. tit. 11. [...]. V. Just. Nov. 6. & 123. & 56. [...]; both giver and taker and deprived of the Priesthood. And Novel 6. c. 1. v. 9. says, the Receiver shall restore the Money, as well as be outed; and he that gives, shall lose any former preferment he had. And there is an Oath required of the Or­dained in order to a detection of the crime. And again. L. l. 1. tit. 3. Const. 30, 31; 'tis decreed that none shall give ought, but the Clergy of the great Church of Constantinople; and they that give, are bounded to a single Diary of one year only.V. Phot. Nomo­can. tit. 1. c. [...]. ex l. [...]. Basil. tit. 1. c. 9. [...]. And 'tis farther provided, that [...], all gifts or promises shall be confiscate to the Church for which they were given. But concerning [Page 71]this last, the Canonists and Casuists are much divided. For some think if the Receiver repent before sentence juridical; 'tis to be restored to the party from whom he had it. If after, some think it belongs to the Church, others to the Poor; but most think 'tis forfeited to the Pope. Vide Na­var. Convar. Soto &c. in Sa's Aphorisi­mes. But this Constitution, was left out of the Basilicks, and therefore is deemed void: but then Justin. Novel. 123. cap. 2. is much the same, and is in 3. lib. Basil. tit. 1.c. 9. only there 'tis alike dangerous to give Money to any other Person.V. Phot. Nomo­can. tit. 3. c. 24. Sch. And further adds, [...]: so that the Agent or Contriver if a Lay-man, was to pay double the summ received to the Church, or next Successor say some. See also the Collection of Bal­samon, ex lib. 1. cod. tit. 3. num. 30. [...] &c. Where 'tis de­creed that to give or receive Money to be ordained or chosen a Bishop, shall be deposition, and he shall be branded with perpetual Infamy. So scandalous was this crime in the eyes of all Christian Princes.

3. Nor doth this practice meet with better usage in this Nation, where the Law is as fierce against it, as the pra­ctice is for it. The Statute hath drawn its sword against it, and forfeits the benefice so bought and sold, to the King: against both Patron and In­cumbent. As appears at large: 31. Eliz. c. 6. Where 'tis provided, If any Person or Persons, bodies politick or corporate, shall or do, for any Sum of Money, reward, gift, profit or be­nefit whatsoever, directly or indi­rectly, present or collate, any per­son to any Benefice with cure of Souls, dignity, Prebend, or living Ecclesiastical: or give or bestow the same for or in respect of any such corrupt cause or consideration; that then every such Presentation to be ut­terly void: and every Institution, Ad­mission, Induction, to be of none ef­fect in Law. And that it shall and may be lawful, for the Queen, her Heirs and Successors, to present, be­stow every such Benefice for one turn only. But this is not all; for 'tis farther provided, that every per­son that shall give or take any Mo­ney —or give or take any bond or pro­mise [Page 73]—shall forfeit (for their corrupt dealing) the double value of one years profit, of every such benefice, to the Queen and Informer. And the Person so corruptly taking, or ac­cepting any such benefice; shall thenceforth be adjudged a disabled person in Law, to have or enjoy the same benefice. The like forfeiture is made, if any person give or take a­ny thing above the usual Fees for In­stitution, Installation or Induction. So likewise if any corruptly resign or ex­change any Benefice for any Pen­sion, summ of Money or benefit what­soever. The giver and taker both shall lose the double value of the sum so taken, to the Queen and In­former. And 'tis provided, this Statute shall not extend to restrain, or abate any Ecclesiastical Censures or penalties against this crime: but the same shall remain in force, and may be put in due execution. So that the Statute is but accumulative not derogative to the spiritual power. The three Estates of the Kingdom joyning all their force with the King and Church to pull down this ram­pant Oppression.

There is a farther Clause; that the giver and taker of Money for Ordina­tion, or License to preach or serve a Cure, above the usual Fees, shall for­feit, the Give 10 l. and the Receiver 40 l. a piece for so doing; and the Gi­ver be uncapable of any Living for se­ven years after such corrupt purchase. Thus it is in the book of Statutes: why the Abridger should make the penalty 10 l. a piece; or Sir Simon Degge should willingly say, the Re­ceiver was punished in forty Shillings, is hard to guess. He bid his Parson note, that the Statute is more severe upon the Clergy man then the Officer:Degg. p. 1. cap. 1. p. 57. for the Officer only forfeits forty Shillings, but the Clergy forfeits ten Pounds; which is irreconcilable with the Statute.

Having shewed the substance of the Statute, we may view the practise as the Lawyers have reported it. They say Trin. Jac. 8. all the Justices agreed, That a Presentation is void, if for Money, though the Presentee know nothing of it: and the King may pre­sent. If so then, the Presentee is a Simonist in Law not in conscience. And here Sa's Caution is necessary, that the Presentation fail not;Cok. 12. Rep. f. 74. Si quis [Page 75]tuo nomine ut beneficium perderes pecu­niam dedit pro eo. For the Report (as Coke sets it down) relating not to them that give to prevent, but to pro­cure you the Living. Others shew that Simony may be committed, nei­ther Patron nor Incumbent being Pri­vy to it: for the forfeiture is made by the Simony, whoever be the Agents in it: as if the Presentees friend bribe a Courtier, and he prevail with his Prince for the preferment. They that desire to know more in this point, may consult Crokes 1st. part fol. 331, Bawdcrokes Case. Cokes Inst. l. 3. fol. 153, being an Exposition of this Sta­tute. Noyes Rep. f. 22. in Pascals case, which (besides many other Conside­rations) are enough to evidence,Habrep. f. 165. that our Government is clear in this mat­ter: Nor Church nor State favour­ing this unhappy practice: yet we may say of the vice as the Historian doth of the Chaldeans, they were always banished from Rome yet always there.

But because there is a doubt a­mongst men, what contracts are law­ful, and what not, we will endeavour to give some satisfaction. 1. By shew­ing what cases are justifiable. 2. What are not.

1. In what cases it may be lawful to use Money or Moneys worth: and sure 'tis lawful to give money to pur­chase our peace, when we meet with litigious men, that pretend a title to our Living but have none. But then the Presentee must have jus certum & indubitatum in his own judgment; and he must give (not to make a title) but in vexationis injustae redemptionem. This point doth Amesius determine:L. 5. de consc. c. 42. n. 18. Peace we may buy though not bene­fices, as well our daily bread. But here let us remember the Casuists Caution, In istis cavendus est dolus, & species ma­li fugienda. Eman. Sa A­phor. in v. Sim. n. [...]. And so do Sa's Confes­sors rules determine, in case any ini­què impediat electionem vel possessionem, unjustly hinder his Election or pos­session.

2. 'Tis also lawful for the Incum­bent to take, and people to give what is judged convenient, for the time he spends, and labour he is at, in mini­string to the Congregation: for that is acknowledging his imployment, ra­ther than rewarding the desert, which is spiritual and invaluable: rather re­quiting labour, than paying for Do­ctrine or Sacraments. And if Mi­nisters [Page 77]be to ride far, to administer either Sacrament, it would be no Si­mony to reward the journey: our Sa­viour having assured us the Labourer is worthy of his Hire. And the Apo­stle affirms, they that serve at the Al­tar may live by it. [...]. And all Christians poor and rich, are commanded, Gal. 6.6. If they are taught in the word, to communicate to him that teacheth in all his Goods. Labour in study and teaching is no supernatural thing: nor necessarily of a spiritual nature, and therefore may be purchased. Hence too, a Chaplain may take pay for his service, because his time and atten­dance are valuable.

3. To purchase an Advowson in Fee simple is lawful, when the Church is full: Provided you design not to present your self,Hob. 165. Says' Case. nor purchase it to present any other Party by name. Not for your self, for that is plain mental and Intentional Simony; and differs nothing from actual Simony; but in meer circumstances, about the manner of presenting, and in respect of time sooner or later.Mores Rep. 877. Nor for any Party named or present, for if he be named in the Grant; 'twas adjudged [Page 78]legal Simony in Puliston and Wins­combs Case 14. Jac. V. Freeman, and English case. Mich. 3. Jac. So 'twas in Smiths and Shelborn's case, and many others cited by Mr. Hughes in his Parsons Law, c. 18. If an Advowson be pur­chased pro hac vice, and the Party be meerly present when 'tis done, though not named, His Presentation is Simo­niacal at Law: as the Learned and Pious Sir Simon Degge affirms in that honest and useful treatise,P. 1. c. 5. The Parsons Counceller. And it seems by Hutton 'twas judg'd Simony in Law to pur­chase the next Advowson,lb. the Incum­bent being sick as Degge informs us from Sheldon and Bretts Case. We may doubt 'tis malum in se to purchase an Advowson, for one turn, under what circumstances soever; and the Law was so as we shall shew hereaf­ter; though practise makes it at pre­sent seem otherwise. For what dif­ference is there to a conscientious man, between buying an Advowson that one may be presented, or a Presentati­on to that end. This is but a Grammar Periphrasis, to express the same thing, and used to avoid the Law, rather than to avoid the sin.

4. 'Tis Lawful to resign a Living in favorem alterius, for the kindness we have to any worthy unpreferred Priest. Provided we believe upon best consideration, that he is more likely to profit the People than our selves; and that we make no corrupt bargain, nor reserve no pension; for that would make the Resignation unlawful both in Law and Conscience; as the Cano­nists generally conclude. And so do our Lawyers and the Statute too.

5. Nor could first fruits and Tenths be excused from Simony; both in Prince and Priest: but as they are reckon'd a legal Contribution, to sup­port the Civil Government: which the Church is to contribute to, as well as the State: seeing they equally share with others in common peace and pro­tection. For otherwise, what right could any man pretend, to what is gi­ven to God and his Church. How came the Soveraign to have more Right to it than the Subject? If Tythes be reserved by the Divine Law to spiritual uses; how came Princes or Parliaments to annul it? Can time, Custom or Usurpation, prescribe a­gainst God? Kings might reserve [Page 80]Rents or Service, out of Mannors of their own Donation; because they may give as much or as little as they please of their own: but with what conscience can they demand the first Fruits and Tenths, of what is given by a Decree of Heaven? Or by the Testament of other men? Is it meet for them to destroy Property? then Government is useless: for its chief, if not its only end, is to preserve it.

This device was hatch'd in the Conclave of Rome; Lang. In Chro. Citizensi ad an. 1404. Platin. in vit. Bonif. 9. Theod. a Niem. schisc. mate. 12. c. 7. mutter'd by John 22d, but brought forth by Boniface the 9th, saith Langius and Platina; about the tenth year of his Popedome. says Theod. a Niem. And that so rigo­rously prosecuted, that he made them pay a years profit, whether they could get the Church or not, before they went to it. And often wished they might never get it.

But yet this charged only Cathe­drals, Abbies,Tract. de pension q. 25. num. 2. Priories and Pensions above twelve Ducats per annum in the Popes Books; says Hieron. Gig as. But this was farther advanc't in after times, as the Parliament of Paris Remon­strates to Lewis the 11th. act. 77.Marsil. Patav. 2. part. def. pacis, c. 24. So [Page 81]that Marsilius of Padua makes a sad complaint about it. And the Bishop of Menda charges it before the Coun­cil of Vienna for haeresy and Simony, and urges its Reformation.Durant. in tract. de mod. celeb. conc. Gen. part. 3. tit. 20. Cu­san. conc. cath. l. 2. c. 30. Cle­mang. de ruina & repar. eccle­siae. And Ni­colas Cusanus charges it for Sacrilege and Simony, in the Council of Basil: and vehemently perswades its Refor­mation. Clemangius saith, they had so far improved the Law in his time; that whatsoever Ecclesiastical Person died or exchanged; the Popes Chamber should receive all the Fruits, for the first year next ensuing. Guynnerin in his gloss on the Pragmatick sanction, calls them the Buyers and Sellers, that Christ cast out of the Temple, for re­quiring first Fruits and Annates.

Theodor. a Nihem says, many great Divines hold it for Heresy, to affirm such payments can be required,Niem in notis ad tract. de pri­vil. & jur. imp. or such Laws made without the guilt of mor­tal sin: and concludes they spring from no other Counsel, but the sugge­stion of the Devil.

'Tis certain the Emperors used not these oppressions, when they gave In­vestitures: for though they oft took the profits of the Temporalities, du­ring the vacancy; and many times by [Page 82]their Bailiffs, invaded the Goods of the deceased Bishops; upon a pretence of Regality;Lib. de l' Egl. Gall. c. 16. art. 4. V. Trosle can. 14. Nemaus can. 5. Tholous. can. 4. Goldastus. which the Bishop of Mascon, in the name of his Dean and Chapter acknowledged the King of France might do: though many Councils had condemned it: and many Kings and Princes had renounced that Right. And in particular Frederick 2d to Pope Innoc. 4th, and our Edw. 1. to the Dean and Chapter of Burdeaux &c. yet they never required any Rents, after the Incumbent was invested. And if there be any one instance of it, it was e­steemed a violent Usurpation. Only Popes have pretended right to it, and thence as the best evidence, these parts have believed it lawful. So ea­sily can the Waters of Seine, Thames and Tyber, mix, when profit perswades: otherwise it had sunk with other Pa­pal tyrannies, over this Church and State, in the reign of Henry 8th, who too readily adopted the Papal oppres­sions, into his own family; even to the continuing scandalous Impropria­tions, against the common sense of Mankind; but the utter ruine of his Name and Family.

Greg. of Haymbourgh a German Law­yer,Greg. Haymb. conf. Primat. Pap. in the time of the Council of Ba­sil, makes sad complaints, how much Rome had surcharged Bishopricks and Livings with Annates and other Simo­niacal Exactions. Great struggling there was in the Council of Constance to have laid these burdens aside:Sess. 40. but it could not be done, till the 21 Ses­sion of the Council of Basil: and there the Fathers condemned all Annates, First-fruits, Money for Ordinations; Institutions, Installations &c. forbid­ding any thing to be exacted in the Court of Rome, or elsewhere, for any promotion in the Church whatso­ever. And from thence it was recei­ved into the Pragmatick Sanction. And an Ordinance at Orleans, was made against it: in the second Arti­cle of which, all Annates &c. are for­bidden: but the Capitolian Geese charm all France again, so that Jan. 10, 1562, the King recalls the Ordi­nance, and the great Leviathan is let loose, to sport himself in the great Ocean of that Nations treasure.

But for England, 60000 Marca­rum puri reditus Matth. Par. in vit. Hen. 3. It represented to Pope Innocent the Fourth, the insatia­ble Covetousness of that See; that it [Page 84]drain'd more Money yearly from hence, than the Kings whole Revenue amounted to. Yet the exaction is continued; though condemn'd by all sound Divines, for Simony in the Popes. Yea, though the Cardinals themselves, elected to that purpose, assure Pope Paul the third, that it was utterly unlawful,Conc. delect. Card. An. 1538. quod extat in Tom. Conc. after they were sworn, to give him sound and sincere advice. And how weakly 'tis excus'd by the flattering Canonists, that strive to harden mens consciences into Im­penitency, by disguising their Guilt, may be seen elsewhere: yet our zea­lous covetousness swallowed it, with­out asking any Question for Consci­ence sake. But so as to declare it a Revenue or Tax, to support the Crown, which though it be very unequal to charge one sort of men, and Lands more than all the rest; and not abating them a Peny, in any other Tax or Sub­sidy for it; and therefore must needs lie heavy, and be thought a severe dealing towards a Church, that vies Piety and Loyalty, with any other in the world: yet will it not be Si­mony.

We shall now consider what acti­ons are unlawful; and 1. Tis unlaw­ful to attempt, to obtain any spiritu­al promotion by Money, or any other corrupt consideration. This was Si­mon Magus crime, he shewed Studio­sam voluntatem, an earnest desire, but failed in his purpose. This the Ca­suists call mental or intentional Simo­ny. It seems by Hughes, the Law lays hold of these attempts: for says he, Simony is so odious in the eye of the Law,Hughs Pars, Law. c. 18. that (the Church being void) if a man seeks for money to be presented: although afterwards the Patron present him gratis; it was Lord chief Baron Tanfield's opinion, in his argument, in Calvin and Kitchin's Case in the Exchequer: that for the Simoniacal attempt only, he is disa­bled to take the same Benefice. 'Tis the intention St. Peter so severely sentenced, charging him,Act. 8.21. That his heart was not right in the sight of God. And again, repent therefore, if perad­venture the thought of thy heart may be forgiven thee. Yet this thought could make none guilty in foro huma­no without some overt act to disco­ver it. And thus go the Decretals, [Page 86]If he be detected,I. q. 1. quodvis praemium ob­tulisse, ex eodem tempore, noverit se esse anathematis opprobrio condemnatum, He was anathematized for offering a gift. And Gratian affirms from Greg. Nazi­an. Qui studet donum Dei pretio merca­ri, &c. if he cast about to do it, 'tis a Capital crime, and Simoniacal heresy. Christ whipt the Buyers and Sellers for offering to sale and cheapening. And Gregory tells Siagrius. Qui ultro ambit vel importunè se ingerit, est procul dubio repellendus: for says he, men should not enter the Church suffragio venditorum, but judicio Dei: not by the Mercenary Votes of Men, but by the judgment of God: which appears only when mens judgments are not corrupted with testations.

2. 'Tis an unlawful promotion by Simoniacal means, though the Incum­bent be not privy to it: no nor Patron neither. For he is (as the Canons distinguish) Simoniacè promotus, though he be not Simoniacus. In conscience he hath no call from God;C. 17. Num. 16. and in Law, the Benefice is void: yet here as Navar observes, the Incumbent falls not under Excommunication. It was never thought fit, men should be pro­moted [Page 87]in the Church by sin, though none of their own. Degg shews in a case of Bath and Potter, 17 Jac. in the King's Bench, that neither Patron nor Incumbent were Privees, yet the Church was void by Simony.

3. To contract with a Father, or any other, for a Living, in conside­ration of a marriage, assoon as it shall fall void is unlawful. That this is Si­mony by the Canon is proved before, Nulli liceat Ecclesiam nomine dotalitatis ad aliquem transferre. And the Act, 31 Eliz. 6. comprises it, in those ge­ral words. If any Person for any pro­fit, directly or indirectly, shall present, &c. A benefit it is, for it goes in lieu of a Portion in whole or part. And (un­der favour) 'tis beneath the gravity and learning of a Judge, to say the Covenant is good, if the words (in consideration of a Marriage) be not there: for that were to submit hone­sty to subtilty: and to make the best Laws a tye to none but Fools, and to trammel Justice with Letters and Syl­lables. Yea, tis to make Justice pu­nish words rather than things; since the fact will be declared innocent, if it be not ill worded. The Crime is [Page 88]in truth, that the Patron robs the Church for his Childs portion; and chuses to be sacrilegious rather than his Daughter shall want a Husband. If the Incumbent will appeal to his own conscience, he might as well have paid 200 l. for it; unless he be a man of very despicable parts and for­tunes.

4. 'Tis unlawful to perswade others to give or promise any Pension or re­ward to procure a Living. This is the [...] or [...] of the ancient Ca­nons, and Civil Law, that they so heavily anathematize:Nomoc. tit. 1. c. 5. Schol. this is the [...] and [...] of Photius. And so doth our Law condemn it too; else how came the Incumbent then in the University and knowing nothing of the bargain to be outed for Simony, which he never medled in, as in Ba­ker and Rogers Case?Cro. Eliz 788. And in Fowler and Lapthorn's Case 17. Jac. in the Kings Bench. So that such Setters mend not the matter, but make it worse, and are often instruments of discovery and witnesses of truth. Arsenius the Monk, makes them all as guilty as Simon Mugus: Synopsis Can. c. 49. not only Presenter and Presentee: but [...], [Page 89]which he proves by the Apostolical and Chalce­don Canons, though he mistake the 22d for the 2d. And they are likewise condemned by the 6th and 7th Synod, by Tharasius Epistle, and St. Basil's 85 Canon, and Gennadius the Patriarchs Epistle: which is evidence enough of the Churches judgment in this case.

5. 'Tis not lawful to give any Bonds or Covenants, that may hinder the Incumbent, from the full enjoyment of the Church, and all its profits du­ring life. As is plain by all the Ca­nons, but is more particularly decla­red against in that of Photius, Nomoc. tit. 1. c. 5. Schol. where he tells us, not only Money giving is condemned, but [...] &c. all Secu­rities of what kind soever: all Bonds by Sureties, and all Pledges &c. which are there decreed to be void; which Decrees he takes out of the Canons, and civil Law. And our Canons for­bid the Patron to take aliquod emolu­mentum pacto interveniente. And else­where, nullam pactionem inierit, he shall make no bargain at all. And the Constitutions of Othobon the Legate [Page 90]made Anno Domini 1268,Lind. l. 5. tit. 3. c. nulli liceat. Const Othob. tit. 33. c. quia plerunque. universas promissiones & pactiones penitus revocat; all Bonds, Contracts, Bargains, are void of what kind soever, made in consideration of a Presentation. Nor is the Statute much short, that pro­vides, If any Person by reason of any Bond—for any Benefit, whatsoever di­rectly shall Present, &c. the Presen­tation is void. Will not the word any Bond contain charitable Bonds? nor Bonds for Resignation? 'Tis believed Patrons would not trouble themselves about Bonds for no benefit whatsoe­ver. Hence Justice Foster is suspected of too little reason or honesty,Noy. 142. that was so earnest in Baker and Mount­ford's case, to declare a Bond taken by the Patron from the Presentee to pay 10 l. per annum to his Predecessors Son, in the University, whilst unpre­ferred, a good Bond: though he offer­ed a precedent for it, in the Earl of Sussex case; where he said, a like Bond for payment of 5 l. per annum, to his Predecessors Widow, was held lawful: for both are alike unreasonable, as will appear upon these ensuing con­siderations.

1. That the Patron hath no right to all, or any part of the profits: and therefore can no more dispose them, than of any other mans estate. The Ordinary hath the profits tempore va­cationis: the Parson hath the Free­hold: and the Fee-simple is in nubibus, in abeiance, in gremio legis, says Sir Edw. Cooke. There are some that hold the Fee-simple in the Parson: but none ever thought it in the Patron.Cap. 23. You may see this point well discussed by Mr. Hughes of Grayes Inn, in his Par­sons Law: where he gives the reason of the Laws policy, to be, to avoid alienations and disseisins to be made by the Church or any other. And in truth the right of Patronage,Cowell in v. Pa­tronus. is jus praesentandi Clericum ad ecclesiam vacan­tem ex parte ei concessum: qui consen­tiente Episcopo, vel instruxit, vel dot avit ecclesiam. 'Tis a right to present a Clark to a vacant Church, granted to him in part, who (with the Bishops consent) either built or endowed the Church. And much to the same purpose is it described by the Gloss in the Pro­vinciale vetus, saying,L. 2. tit. 2. cap. circumspecti a­gatis. Jus Patronatus est honorificum jus, onerosum & utile, competens alicui in ecclesia, pro eo quod [Page 92]Diaecesani autoritate illam fundavit, do­tavit vel construxit ipse: vel is a quo justam causam habet. 'Tis an honoura­ble burdensome and useful right in a Church, accruing to any one, for that he founded, endowed or built it, by the authority of the Diocesan; either himself; or some other from whom he claims. So that (says the glosse) non respicit oblationes vel decimas. It relates not to Offerings and Tythes, but would remain if they were taken away. Nor will that which we call an Advowson, give him better right, to convert the profits, to any other use than the Par­sons: for Cook's Instit.L. 4. p. 240. 1. fol. 17. out of Bracton, calls it a power to present to a Church in his own name, not in anothers: still it relates to the Church, not to its profits; which Law and Cu­stom kept out of his fingers. But whoever shall consider the tremendu­ous circumstances, with which the Instruments of Foundation, Endow­ment or both, were offer'd upon the Altar; to devest and disseise, them­selves and their heirs, of the building Gleabes and profits: and to put all in­to the right and possession of Almighty God, and his Church, with the dread­ful [Page 93]Imprecations, upon all that should attempt, to alter, or diminish it, would wonder any after-ages would venture to touch the Anathema, and thereby intitle themselves to their fa­thers Curses: but of this before: Pa­trons are Advocates; 'tis strange they should prove Adversaries: Patroni à patrocinio not à latrocinio. Their duty is to find out a good Shepherd for the flock: not a Simoniack for his Purse.

How early this Right of Patronage came into the Church, may be dis­cover'd by Justinians Law contain'd in the Novels: where he provides,Novell. 57. c. 2. That if any built a Church and endowed it: he might present a Clark to it: but the Patriarch might refuse to ordain him, if he judged him not fit for the service. And by another Law he pro­vides,Novell. 123. c. 18. as a suppliment to the former, That if the Patron nominated an un­worthy Person to the Church so built and endowed; the Bishop might both refuse him, and prefer whom he judged worthy: that so Patrons might pre­sent worthy men or lose their Right. Both these Laws imply, that the Right accrues from the foundation of the [Page 94]Church: yet was it never so absolute, but the Bishop had a Negative voice, upon the Patron▪

Some think the Peoples rights of E­lection, were swallowed up by this Advancement of Patrons. But 'tis very plain by all the debates of this mat­ter, that though many things are pro­duced or producible out of Antiqui­ty, about the Peoples Rights in chu­sing of Bishops; yet there is no foot­step of any such Right to choose Pres­byters, or Parochial or Congregational Ministers: which yet is the point in issue, between the Church of Eng­land and their Adversaries. And 'tis pity it is no more minded by the Li­tigants on both sides. For whatsoe­ver Canon gives people any Right, gives it in conjunction with the Cler­gy: but what Clergy are there to choose in a single Congregation? And if there were, what need they choose another to make a Pastoral Relation? must there be Pastors upon Pastors in Infinitum? Hath not the Church of Virginia authority to send a Pastor a­mong the Indians, to feed them with the word and, doctrine; and baptize them upon that command, Go teach [Page 95]all nations and baptize them: with­out the peoples choice? Will any af­firm, he can preach no otherwise than as a gifted Brother among them? This New England fancy, hath hin­dred the salvation of the Indians a­mongst them: And had the Apostles and Elders believed it, had hindred the salvation of the world.

Men should consider, that in the Primitive times, there were no Pa­rishes to choose; nor did the People pay the Presbyters but the Bishop. Nor were they so fixt in any place,Pallad. in vita Chrys. as not to be moveable at the discretion of the Bi­shop Chrysostom maintained many Pres­byters (whom he sent to preach in Phaenicia) at his own charge. Nor did the world know any other distinction, but of City and Regionary Presby­ters. They were bred up in the Church, from Lectors, Acolytes, Ex­orcists, Sub-deacons, Deacons, Priests, in all which offices they usually staid some time; and were advanced at the discretion of the Bishop, without the People. Nor were they permit­ted to convert any offering, made in the Country, to their own use, but ac­counted for it at the City Altar.

Nor do we hear any Complaints of the people, against the usurpations of these Patrons, now newly erected: which we may reasonably believe they would have done, had they found any Law of God broken, or custom of the Church alter'd, or Rights of the Peo­ple invaded, or Ministers obtruded a­gainst the usual practice. These things consider'd, an unprejudiced mind will be satisfied, the people never had nor used any right, in choosing Congre­gational guides: whatever they might do in Electing Bishops: whom they owned as compleat Pastors, for wor­ship and censures too: and from whom they received their Presby­ters, and to whom they made their Offerings.

Nor are the Patrons Antichristian (as some are pleased to call them) whilst they conscientiously manage, their Right of Praesentation: with­out these sacrilegious practises: but are lovers of their Nation and Reli­gion in building them Synagogues. And might have expected prayers and thanks from any but these murmurers; that defame what they cannot imi­tate.

A good Author tells us,Dugd. View of our troubles. c. 35. p. 411. that some in Praise-God Barebones Parliament, Dec. 13, 1653, were earnestly voting down Patrons: but others urged, that this was an attempt to destroy the Subjects Property; and that ended the debate. Our dissenting Brethren so far favour that Anabaptistical fury, in complaining of Patrons invading the peoples Rights, as if they meant to espouse their folly. Questionless Patrons are apprehensive enough, that Dissenters Principles can't take place, but by their ruine; and there­fore will keep a watchful Eye upon them. But I return, and am only to disswade them from the ill use of that Spiritual Trust that is in their hands.

If the Patron will be charitable,L. 7. ep. 110. he ought also to be just: and not to rob for a Burnt offering. Gregory the Great, hath vehemently lashed this wicked­ness; telling men they were more loaden by their Sacrilege, than eased by their Charity. That 'twas one thing to give Alms to purge our sins: and another to sin that we may give Alms. He says the rule is,Prov. 3.9. honour the Lord with thy substance, not with o­ther [Page 98]mens. Did not Justice Foster know, that the sacrifice of the wicked, was an abomination to the Lord. Is not this to rob the Spouse of Christ for an offer­ing to her Husband? to sacrifice the Priest for atoning of the Deity: or like Judas to relieve the Poor with our Sa­viours ointment; O blind hypocrisy, that expects Grapes from Thorns: and to receive good for doing evil.

2. These charitable Bonds, are a very compendious way to starve Re­ligion out of the world. For if the Patron may give 5 l. to the Widow, why not 10 l. to the Daughter; and 20 l. more to the use of the Poor: and as much more to repair High-ways, &c. and require Bonds for all these: And Justice Foster declare them good. 'Tis easy to cut large Cantals out of another mans Loaf. And the Logici­ans will tell him, a quatenus ad omne valet argumentum; If one be lawful, all of the same kind are. We may presume all honest Lawyers ashamed of the Decision.

3. Should these charitable Bonds be judged good, corrupt Patrons might by this colour avoid all Convictions of Simony. For what is more easy [Page 99]than to take Bonds in others names, for our own advantage? Can men e­ver want pretences for Charity? are poor such rare and scarce Commodi­ties? Is it meet for Courts of Judi­cature to assist such avaricious Earth­worms, to baffle the wisdom of the whole Nation at once. And render their just and holy Laws ridiculous? In the Act against Simony; England hath shewed its love to Learning and Religion, as well as to Justice and E­quity: and is it not sad, if a false hearted Bond, disguised under a cloak of charity, should render all vain? All the wine of Consolation to Learn­ing and Piety, may be drawn out at this one Tap of feigned charity. Should the Lawyers declare the Law in favour of these Bonds, they would but encourage Sacrilege, and help for­ward these Patrons damnation: and stain the Reverend Scarlet, by sharing in the sin; and suppress the Law to support the Malefactor. But let the Simonist remember, if he escape this Bar, there is another; at which the conscience will tell the whole Story: and then the Sentence will be, Thy Mo­ney perish with thee. O voice of [Page 100]Thunder! but a stony heart can't hear it.

6. 'Tis Simony to give Bonds for Resig­nation at the Patrons pleasure, though upon pretence of a Son to be prefer­red when fit. 'Tis true at first blush, this Plea seems reasonable:Crook. p. 2. 248. and found favour 8. Jac. in Jones and Lawrences case, as Sir Geeorge Crook reports it. And so did another 5 Car. 1. in the Kings Bench, Crook. Car. 1.180. between Babington and Wood, reported by the same Author: where was no pretence of a Son. But 'tis said, that in neither of these cases, was any Simoniacal contract averred: otherwise it might have been doubt­ful:Pars Couns. part 1. c. 5. whether the Bonds would have been found good or not, says Sir Simon Degge. Nor was it likely the Incumbent should alledge a Simonia­cal Contract, for then the Living was void, and himself outed.Noy 22. Yet this Gentleman mentions a case in Noy be­tween Clerk and Paschal Trin. 15. Jac. in C. B. where the Bond for Resigna­tion at pleasure was sued, and judg­ed Simoniacal: but then the Church is declared void by such judgment, the Incumbent carrying the cause, but losing his Benefice; and is uncapable [Page 101]of it for ever, though the King should pardon the Simony, and present him afresh.

But to clear this matter, let us con­sider, 1. That all the Arguments a­gainst charitable Bonds conclude as strongly against these: but would be tedious to repeat.

2. That if they should not prove Simony in Law, yet would be so in conscience; and likewise in the Ca­non Law: which forbids all contracts whatsoever.

3. Patrons by these Bonds, act a most insolent and arbitrary power: a­gainst the Liberties of the Church, and all the Subjects of this Kingdom beside. The Church in Magna Charta made at Westminster, 10 Feb. Anno 9. Hen. 3. Anno Domini 1224, is the first Subject of Liberty; in the first Chap­ter. Where the King granteth to God: and for him and his Heirs con­firmeth, That the Church of England shall be free, and have all her Rights and Liberties inviolable. One of which was to enter upon her Cures without Compacts and Bargains with Patrons; as appears by the Canons made at London in the reign of Henry [Page 102]the 2d, and his Son then crown'd King: and by those of Stephen Langton made but two years before; as also by the Canons of the four first general Coun­cels,Hist. ecclesiae Angl. l. 4. c. 7. which were received in England says Bede long before, and are so still, says the Statute Eliz. 1. cap. 3. To impose Oaths, Bonds, Contracts upon Justi­ces, Sheriffs, Knights and Burgesses in Parliament, Constables, Church­wardens, Overseers, more than the Law imposes, would be thought arbi­trary and tyrannical Oppression; and can it be less to impose such obligati­ons on the Rectors or Vicars of the Churches? Must they enter the Church as Felons, their tryals with Gives and Fetters? Must they preach to the Patrons as St. Paul to Agrippa in Chains? May not an Angel of the Church be trusted, till bound to his good behaviour? Who ever laid Shac­kles on any Embassadors but these of Christ? the Shepherd is used like a Dog; the Patron having put a Rope about his Neck to pull him up or out at his pleasure. O vain name of Li­berty whose sense is bondage!

4. These Bonds may endanger the Protestant Religion; for if Patrons [Page 103]be Popish, how dare men in these Obligations, reprove it, or confirm their people against it? May not Pa­pists have Sons to prefer as well as Protestants? Or have that Sect only no patronages in their hands? The Dog must come over at his call that holds the string, whether into Popery or Fanaticisme. When King and Par­liament can't silence some bastard Teachers; these Patrons can at a word silence the most Orthodox Divine: if any such enter their Bonds.

5. These Bonds include a greater Heresy, then any yet, this fruitful age and Nation hath brought forth. For it presumes the Ministerial calling to be for term of years: that God's people may be leased out to a Gover­nor. That he is but a Hireling and Curatus pro tempore, whose own the Sheep are not, but the Sons. That Priests may be laid aside for no cause but the Patrons pleasure, which tends directly to make him careless, to follow the world, and make Hay while the Sun shines. Not to consider the people as his charge, nor to think of living and dying with them; nor of making any account for them. [Page 104]Nor to plant on the Gleab, nor to repair the Houses or Chancels: but to grasp what he can, because his time may be short. But seriously, do these men think Aaron's Patent was during pleasure? Was Christ less than a Priest for ever? Was it not a sad cor­ruption in the Jewish Church, when Annas and Caiaphas were high Priests for years? Can they think it fit to re­move a Minister when he best under­stands his people; and bring in an ig­norant Novice, because called my son? Are they fit for the Kingdom of God, that look back when they have put their hand to the Plough? The La­bourers in Christ's Vineyard, came in at several hours, but went out al­together, when the dark covering of death shut up their day. Our Canons forbid any Priests to relinquish their calling,Can. 3. Jac. can. 76. or to use themselves after­wards as Laymen upon pain of Ex­communication. Ames propounds this Question,Ames. l. 4. c. 25. n. 32. An vocatio ad Ministerium institui possit ad certos annos; and an­swers, Repugnat planè ministerii na­turae, and gives these reasons for it. 1. God hath not allowed it. 2. It a­bates affection between Priest and [Page 105]People. 3. It makes the dignity of the calling seem mercenary. 4. Mi­nisters and People may part to both their prejudice.N. 35. And again tells us what causes may justify a parting from ones calling. Si tamen causa talis inter­cedat quae vel ineptum aliquem reddat ad ministerium exercendum, vel exercitium ejus impossibile reddit, velpeccandi necessi­tatem adfert exercenti, turn nutu divino solvi videtur. 'Tis certain Athanasius, Nazianzen, Chrysostom, &c. were remo­ved from their Churches, but by Per­secutors, not Patrons. And many o­thers for Heresy or Schism; but then 'twas by sentence of the Church, or State, or both: but never by single Patrons. They so ruffle all Laws Di­vine and Humane, that the Lawyers can scarce resolve where the Freehold is, when the Incumbent is a Farmer at pleasure. These men make havock of Christ's Institutions, and put Bar­nacles on the Nose of Religion as they list. They make Priests as summer Insects to be meer Ephemerists. If the Incumbent say with St. Paul, We be to me if I preach not the Gospel: these Gold-suckers tell him, you shall then preach with Bede to the Quarries, or [Page 106]with Orpheus to the Trees; for we will remove you to make way for our Sons. Thus is Christ's, Steward turn­ed out of his House, without leave or privity of the Master.

6. The care to prefer Sons seems natural, but was never judged spiri­tual. Old Eli was ruin'd for honour­ing his Sons before God. 1 Sam. 2.29. And the Decretals treating of Eccle­siastical profits,16. q. 7. pervenit. complain of the ill be­stowing them to unfitting persons, vel quod gravius▪ est etiam Consanguineis; as if giving them to Kinsmen were the greatest crime of all. And the rules were, est honestum officium siliam dotare non tamen ex bonis ecclesiasticis. And cognatosi juvare ut decenter vivant: but not to prostitute the Church to them, as Soto Cajetan Bannes &c. affirm. And care was taken in the Election of Bi­shops, as Balsamon's Collections shew,Tit. 3. n. 41. ex lib. 1. cod. that they should be [...], that they should have no Sons or Nephews, lest they should act naturally, and prefer them to the prejudice of Religion. The Law confined Priests to one tribe, but these like the Heathenish superstition, would confine it to one family. As [Page 107]the Pinarii only could be Priests of Hercules; and the Eumolpidae of Athens, the only Sacrificers to Ceres. It seems a kind of disherison, to the Patrons Sons, if Churches be not kept with­out Pastors, by hirelings, till they be fit. Though they may never live to it, nor receive any internal Call: nor affect the imployment; nor be grave or learned enough for it. One would think both Patron and Judges believed Sons put Apprentice to learn the Trade of Priesthood, and would be out of their time at a certain day, and the Churches were but Shops kept open for them to set up in. They may well forgive us, if we think the Atheists that deal thus rudely with Religion.Cokes Jnst. 3. c. 71. f. 154. Sir Edward Coke produces an old Epi­gram by Which we may see what kind­ness the Church hath had for these Kinsmen.

7. This Cloak will serve to cover all Simony whatsoever; for though some have no sons, they may have Daugh­ters, which would make Sons-in-Law; they may have Grand-sons, Nephews, Cousins, &c. and is it in no degree natural to keep open Livings for them? Doth not nature tye us to provide for Relations sooner than Strangers? 'Twas never known the Pope wanted a Ne­phew for a preferment. One would think Churches were founded not so much to serve God as these Patrons: whose Family must be supported though on the ruines of Religion. But stay, how can men escape the edge of the Statute by these Bonds? since it declares, all Bonds given in conside­ration of a Presentation, do make that Presentation void; if they are of any profit or benefit whatsoever. Now can any man satisfy his conscience, [Page 109]that he which takes the Bond is in no better condition, than if he had none. Do not all men believe, he can make Money of it, if he will? Is there no Market in which such a Bond would sell? Doth not the account of Pa­tron and Incumbent both reckon it at 300 or 400 l. Can't the Patron de­mand 10, or 20 l. from the Incum­bent every year? and dares he deny him, and so be outed of his usefulness and livelihood together. The weakest eye can look through this thin Cob­web, and much more the strong judg­ment of the Reverend Bench.

But let us contemplate a while, what dangerous Tools these Bonds are to the Common-wealth. Men marry their Daughters to Incumbents, in hope of a comfortable subsistence. At length these Bonds put forth their horns, and toss the Fathers hopes into the pit of despair. Or peradventure the Patron wants an Oath, which if the Incumbent will not lend him, this close Cur is slipt upon him, and worries him out of a thousand Marks. To have offer'd him Money, had been subornation , though but five pounds but to sue these Bonds, [Page 110]find favour in the Court. May not the Patron thus force an unpleasant Kinswoman, whom he cannot love, and so ruine two at once? May he not force him to relinquish the justest suit against a Parishioner by trumping up this Bond against him? May he not by these cursed ways, rob any Parish of the most painful and edifying Mi­nister, whom their souls most dearly affect? and tye the Incumbent to de­structive Compositions? yea (which is worse) to wink at their Patrons sins; and prostitute the holy Sacra­ments, to a Soul more unclean than the common Shoars. This poor man must find a 100 l. to buy pins for the Patrons Miss, if he require it. Nay the honest Neighbours that lend the Incumbent Money for necessary use: having an eye to his Parsonage to en­courage their credit: if these Bonds prevail , are trapan'd out of their Money. Blessed God! what a lernae malorum is here? 'Tis not to be doubt­ed, but a true Patriot will never en­dure these private Daggers, that serve to murder publick safety.

Lastly, These Bonds are injurious to every man in England, besides the [Page 111]Patrons: for they, their Sons or Rela­tions, are capable (upon due qualifi­cation) to be presented to these Li­vings: and ought by all Laws divine and humane, to enjoy the whole pro­fits for their lives, that the Laws of the Kingdom, and the charity of well disposed persons have setled upon them. These profits are not the Pa­trons inheritance, that they should suck profit from them; but the peo­ples that can qualify themselves for them. Nor have Patrons Sons any advantage above other people that way; since a vacant Church must be disposed in six months or lapsed, be their Sons ready or unready. If it be a crime to invade the rights of any one; much more it is to usurp upon all. So that this practise is not only [...] but [...]: it robs whole Na­tions at once. Accordingly, we ought to run to suppress it as a Common fire, that threatens destruction to the whole Neighbourhood, and to treat them that usurp as Beasts of prey.

I have met with one instance of this corrupted practise, older than one hundred years. And that was of Ro­manus a Patrician, advanced to the [Page 112]Empire of Constantinople, about the year 923, who (the better to secure the Soveraignty to himself and Fami­ly) made his two eldest Sons, Stephen and Constantine Caesars; and resolved to create his younger Son Theophylact Patriarch (if possible) of the Royal City. To that end, he was put into the Clergy at Eleven years of age:Curopal. Zonar. and was made Patriarch say some at sixteen; he should have been, but that he was a Minor say others;Niceph. and so could not receive it in that vacancy. Upon which Romanus promoted Try­phon the Monk, to the Patriarchal Chair; but under Covenants to re­sign to his Son Theophylact, when he should attain the of age twenty five years. At which period Tryphon re­fused to resign, averring the Bonds ex­torted and unlawful. To judge which, the Emperor called a Synod of Neigh­bouring Bishops, who were ashamed of the Fact, and would not justify the Contract, nor condemn the Patriarch, for refusing to recede, as a thing hor­ridly scandalous. But admitted an accusation against him, as an illiterate man, and therefore unworthy the Chair. One under pretence of kind­ness, [Page 113]went to him, and informed him of the accusation, desiring him to write his Name and Titles upon a Pa­per, which he would shew the Synod, to the utter confutation of his Adver­saries. Which when the poor Pa­triarch had done, a Resignation of the Patriarchate, was written, above his name and deliver'd to the Synod. Up­on which, they inaugurated young Theophylact into the Chair of Constan­tinople, Anno Domini 944. Others I confess say Tryphon was but his Sub­stitute till he came to that age. This young Patriarch suited well his en­trance; living but twelve years, and that in all kind of Luxury and Riot; minding Dogs and Horses, more than Churches, and the Souls of men. And leaving nothing remarkable, but that (instead of feeding Christs Sheep) he fed 2000 Horses with the profits of his Bishoprick.Cedrenus. And better could not be expected, from such an Entrance. He died, 956.

7. As we have shewed it no Simo­ny to purchase an Advowson in Fee; so 'tis as plain Simony to purchase the next Presentation: especially if the Church be empty, or the Incumbent [Page 114]sick or aged. This is malum in se, though haply not malum prohibitum. For here 'tis presumed the intention is Simoniacal. And in truth the right of Patronage is not salable at all, if it be a spiritual thing only: but in England 'tis accounted by some a meer temporal thing. But by the most and best, 'tis reckon'd partly temporal,V. Glos. 1. q. 1. quod autem. and partly spiritual: and so it will prove, for as Lindwood de jurejurando well notes, consider it as descendable to heirs, and purchasable in Fee; and so 'tis tempo­ral, but jus patronatus, & praesentatio, dicuntur spiritualia respectu rei ad quam praesentatur: quae spiritualis est. Con­sider it as 'tis a presentation to a Church, and to exercise divine offi­ces, and so 'tis spiritual. And all the profits of a Church are spiritual as de­voted to God and his Service. And so is the Parson presented too.Extra. de judic. c. quanto: ubi de hoc. Ac­cordingly the Canons determine their actions, to be managed in foro ecclesi­astico; but the custom of England is otherwise. Now how much Patrons scrape out of these sales of Advow­sons is not easy to imagine. Were the Church their Freehold, they could scarcely make more; and get the cure [Page 115]served. Horne in his Speculum Justi­tiariorum tells us, the Advowson of a Church is so much in the spirituali­ty, that there can be no alienation thereof but in Fee-simple.Cap. 2. s. 27. sub Titulo Con­tracts. If this were the law under Edw. 1, and Edw. 2, in whose reign, this Reverend Judge is said to live: how came it to be al­ter'd? and Contracts, pro hâc vice now thought lawful. Do the Lawyers change the Law at their pleasure, as Sectaries do Religion? then is both Religion and Law ambulatory, and may both leave the Kingdom at length. We may yet hope a right English Par­liament, will find time to retrench these Enormities, and new lopp this overgrown Tree of Avarice. In the mean time let Patrons know, that if Law allow it, conscience cannot: for in them 'tis rapine, sacrilege, betraying of trust, living on what is none of their own; and enriching themselves with Church-Revenues.Com. In Luc. 4. multi leprosi. I wish they would hear St. Ambrose, Malè quaesitâ mercede non tam patrimonium faculta­tûm: quam the saurum criminum congre­gârunt: aeterno supplicio & brevi fructu. By ill got Goods, we increase our treasure of sins, rather than of Money, [Page 116]little benefit, but everlasting punish­ment. And again in his Book de dig­nitate Sacerdotali, he says Caro suscepit dignitatem, & anima perdidit honesta­tem: they receive Money into their pockets, and lose honesty out of their hearts. Our law doth so detest this avaricious course, that it hath made it punishable but to Elect a Scholar or Fellow &c. 31 Eliz. 6. into any Colledge for Mo­ney: which is a small thing, com­pared with presenting a Priest to a Church.

4. Having laid down what is Si­mony in Law and Conscience, as far as we could judge, and occasion offer­ed; we must now consider what re­spect the Common Law hath for it; by which we shall discover the true old English spirit: that disdained a­varice and falshood, and scorned to do a contumelious action. The Abridger of our Statutes, says in the Preface; the whole Senate have bestowed at least half their time and industry, in hacking at part of the Branches, Boughs, Sprouts, Roots or Leaves of that monstrous ugly, and hideous Tree Avaritia.—Yet it still sprouted a­gain like a Hydraes head in another [Page 117]form and different shape. But the Common Law, hath had the same bent and design. Simony is odious in the eye of the Common Law,Inst. 3. c. 71. f. 153. says Coke its greatest Oracle: where he gives a double instance of it. A Gar­dein in Socage, may not present to a Living, because he cannot account to the heir for it: as being of no value nor benefit to him. And therefore the Heir shall present, though he be under age. And also if an heir of Tenent in Capite, have Livery cum ex­itibus, yet shall the heir not present to an Advowson,V. Com. in stat. 31. Eliz. 6. because no issues nor profits can be taken thereof. He far­thera ffirms, 'twas the more odious be­cause always accompanied with perju­ry. Again in another place, he tells us, the Common Law so much detested Simony, that before the Statute of Westm. the 2d, no damages could be recover'd upon a Quare Impedit, lest (says he), any profit the Patron should take, should savour of Simony. And this seems to me reasonable enough yet still: for if the Patron have costs, why should he have damage of that which never could be profit to him,Inst. 2. Westm 2. c. 5. f. 362. had he had it; and could be no dimi­nution [Page 118]of his Revenue, had he lost it: but we must acquiesce in publick judg­ment. Yet he says, 'tis so with the King still. For he can have no da­mage upon his Quare impedit; because he could not recover any by the Com­mon Law before; and that Statute helps him not, though it do the Sub­ject

And the same Author seems very cer­tain, Bonds for resignation could not be sued at Common Law; till the Statute of Westm the 2d, for that the Incumbent once instituted and setled, the Patron could have no Writ to remove him, [...]b. fol. 357. though wrongfully presented; and gives these reasons for it. 1. Because having Curam animarum a great charge, he might the more effectually and pea­ceably attend it. 2. Because he came in by a Judicial Act from the Bishop, to the Church: who is supposed in Law to act Scrutatis Archivis. And the form of Institution implies no less: for the Te instituo ad tale beneficium, & habere curam animarum. Et accipe cu­ram tuam & meam; Accept thine and my Cure, signifies that the Bishop gives him his own Cure: which also shews what Cowell meant by jus patro­natus [Page 119]ex parte Concessum: for the Bi­shop had still a share in that Right. Now while the Bishop institutes, and the Arch-deacon inducts for life; It would be strange that the Patron should have power to limit him, a­gainst both at his pleasure only.

From hence we may see, how much the English Conscience, formerly nau­seated this ranck poyson: which our degenerate age, so greedily devours. Let them never talk of tender consci­ences, that can so glibly swallow this accursed thing. 'Tis a blessed sight to behold this Nation shining in her integrity; when all others had blackt themselves with this Sacred Villany. Photius that famous Patriarch, saith of the Greek Church; whether any Lay-man becomes Procurator of any holy place,Nomoc. tit. 1. c. 24. sch. in fine. or receives any ecclesiastical Ministry: [...], and so falls on his Knees for pardon. And for the German and French Churches, Gregory the Great says, in Galliarum vel Germaniae partibus, nullus ad sacrum ordinem, sine commodi datione perveniat. Lib. 4. ep. 51. And for the Roman Church, we have observed something of their guilt be­fore: and shall farther note their Si­moniacal [Page 120]Laws. That men must concor­dare cum Camera Apostolicâ, In Syntag. tra­ctatuum. which is flat Simony. Theodoricus a Niem; and the Decretals say, Pallium nisi dato commodo non dabatur. Dest. 99. c. 1. Novit. No Money no Pall, the price must be first agreed. They come open mouthed with Judas, quid dabitis? what will you give? Si­mony is a great part of the Pope's Re­venue. Humphred attempts in his Puri­tano-Papismus against Campian to enu­merate the several ways. Nummos corradunt pro licentiis— They scrape up Money for Licences, Dispensations, Absolutions, Commutations, from Fornicators, Whores, Jews, ill-pro­moted Bigamists, Homicides, Simo­niacks: from such as eat Milk-Meats, (sc. in fasting days) and from them that officiate to the Greeks in Greek; to the Latines in Latine: so many Processes a Rota, Reservations, Graces, Indulgences, Preventions, Provisions, tradings of Dataries, Masters of the Ceremonies, Porters, Officials, Pro­tonotaries, Advocates, Masters of the Lead, Keepers of the Iron Gates; of the Privy Garden of the Popes and Cardinals: that Benedict the 12th doth jocularly tell us: another world must [Page 121]be created, to supply all their cove­tous desires. Bold Probus calls them all Romuleos vultures: Probus episcopus Tullensis in A­vent. Annal. 1380. and Honorius 4th in particular, a Gold-Sucker. Rome once said of England, 'twas puteus in­exhaustibilis; and England of Rome, they had Sitim inexplebilem. These greedy Simonists occasion'd this Di­stich, nigh 300 years since.

An Ass loaden with Gold, may be sure of a Pall, at Rome: when a Sera­phin (if poor) returns naked. But for this Church, few or none but Campian had ever impudence enough to charge this crime upon her; till of late, That honour and Religi­on both were banished out of the heart, into the purse. Till our own blood was dearer to us than our Saviour's, and our Nephews nigher of kin to us than our God. 'Twas [Page 122]gallant in our Richard the 1st, that he refused to see the Pope, though in the mouth of Tyber, and earnestly desired by Octavian then Bishop of Hostia, in disdain of his Simony, having taken 700 marks of the Bishop of Mains; 1500 Marks for William Bishop of Ely's Legantine authority, and infi­nite of the Archbishop of Burdeaux as Math. Paris and others note.

I shall now shew to Patron and In­cumbent apart, The sad consequen­ces that attend this vile practice, and so draw to a conclusion. We will pre­fer the Patron and desire him to con­sider himself, as

1. A hearty Opposer of Learning and Religion, the two best things in the World, and so as a third Conspi­rator, walks hand in hand with the Turk and the Devil. Gregor. Magnus, observed long since to Theodoric and Theobert Kings, of France: That if we suffer men to get livings by Money, Non vitam corrigere, non mores compo­nere studeant: Lib. 7. ep. 114. sed divitias quibus honor sacer emitur, satagunt congregare. Men will not strive to commend themselves to preferments, by a good life and cor­rect manners, which prevail nothing [Page 123]but to get money which commands all. And so destructive is this course to Learning,Defen. Pacis. Part. 2. c. 20. that Marsilius of Padua saith, because covetous men get away their temporal means, the Clergy were generally insufficient: and nigh four hundred of them in his know­ledg could not speak Latine. Nor is it likely ingenious men, should take much pains to advance themselves to a halter, and to become Patrons Bond-slaves: or their Curates, till their Sons come at age. A younger Brother from the Baudy-house rotten in wickedness is their best Chapman. Or a thick scull'd son of a Farmer, that hath learned to drink in the Country; and to tell the Colledges names in the University; at his Fathers charges re­ceives the next preferment. But this is to debauch both Church and State: to eclypse the true glory of a Nation: and to render serious Piety, the most useless and despicable thing in the world:In Epist. ad Hospit. and to split the Church into infinite Sects. I wish these Patrons would rather take that famous Sor­bonist Claudius Espencaes advice.

2. As a Betrayer of the most sa­cred trust, devouring the Pupil-Church committed to his protection. A thing so base, he is fain to hide it in dark­ness; as Thieves do robberies; and Cut-throats murders. And so un­gentile, that none but fordid Spirits, can be got to transact it, and they are fain when asked, to cover it with a Lie; and blush at the sudden ap­pearance of any Stranger among them. The meanest wretches, think it some­thing disgraceful to be actors in it. [Page 125]'Tis carried on as Whoredome, by signs and half words: rather than openly discoursed; though between the Parties alone. 'Tis a Bastard that none cares to own. It being no less dishonour to these men, to purloine, than it was glory in their fathers to endow.

3. As an Excluder of the best men, from entring any Church, where he hath to do; had Patrons been ancient­ly in power, our Saviour himself, and all his Apostles had been excluded: and Annas and Caiaphas admitted. Men of conscience cannot, and men of parts, will not stoop to these sinful Conditions.Calv. Inst. l. 4. c. 5. sect. 6. Nor is it (as Calvin notes) the benefit of the Church, but of the Presentee; that these men look after; as also their own; non ut ecclesiis fit prospectum (says he) sediis qui accipiunt; and hence (as he goes on) they call it not Ministerium but Beneficium: not service but benefice, that they present to. Yea, these men would have ex­cluded the whole 630 fathers, in that famous Council of Chalcedon, because they were all against Contracts at Entrance, as appears by their 2d Ca­non. Pious and humble men, refuse [Page 126]to enter by this Golden Gate, where our Saviour would not. It seldom proves a kind Match, where Joyn­tures, and Jewels, are the only way of wooing: but extream bad, where Money is made the only call, and title to affection, between the Priest and People. Were St. Peter a Patron, and one should offer him Money, his an­swer would be, Thy money perish with thee, because thou thinkest the gift of God may be purchased, with money. Arnobius notes, that the first Christians saw so much evil in Trade,Arnob. l. 2. mihi 86. they were nigh condemning it: but they have suffi­ciently condemned this already. How base must the house of God look? when pious and learned, the only ves­sels of Gold and Silver, are all exclu­ded? How coarse the Ecclesiastical Batch, when all the flowre is bolted out, and nothing used but Bran. A sad Garden, where the Flowers are all cast out, and nothing left but Weeds. Dant veniam Corvis & Let in all the Crows, and exclude the Doves. The scandals of the Church, lye much at the door of these Patrons; who by promoting less fitting men, have advanced the Separations. 'Tis [Page 127]a bold affront to Christ; to let him have no Ambassadors, but men of no Conscience. Had there been more Maecenas's the Church had had more Maro's: but Homer himself must be packing, if he have no pay.

4. As the sole Reteiner of this Sin, in the World. God may be eased from this Sin: and Nations freed from the Scourge, that attends, would Pa­trons give leave. Our Kings, Parlia­ments, Laws,Crooke, and all (but one Judges Reports) are against it. The People cry it down. The Sectaries decry Pa­trons and Patronages (for their ava­ritious choice and impositions) as An­tichristian. The Clergy must needs be against it, both in Conscience and Interest; for what they do in this kind, must be the effect of moral force. If therefore Patrons please, God may have lest dishonour, the Church less scandal, the Kingdom less danger, and mens consciences less trouble, by their laying aside this crying sin; and the world will have one species of sin less than it had. If this may not be grant­ed, we may reasonably desire with the Sicilian (when Scipio the Praetor, ap­pointed him a fool for his Patron) [Page 128]that we may have none at all: but that he would appoint him to his Ad­versaries. But why may we not pre­vail with them, to ease God of this trouble? do they not value? nor can never need his favour? Have they no souls to be saved? no Heaven to look after? no Hell to beware? no judg­ment day to dread? no account to take care of? Is it all one, whether he please or displease? O then we may fear the gingling of the Silver, makes them forget themselves: and as St. Ambrose speaks,Ambr. In Lu­cam. c. 19. Religiosarum audientiam Scripturarum tinnitus aeris excludit; and drowned the voice of the holy Scriptures, yes, and of their consciences too.

5. Let him see his danger to him­self and Family. Did not Gehezi take Money, and with it a disease to him and his Heirs for ever? St. Ambrose observed upon it, facta. authoris suc­oessio damnatur haeredis. In Luc. c. 4. & multi leprosi &c. The father eat the sowre grapes, and set all his Families teeth on edge. He contract­ed that curse that eat up all his poste­rity. Did not Esau take Money for his Birthright and blessing, and was made a spurious off-spring of Isaac for ever? [...] [Page 129]and very deservedly (says Greg. Nazi.) for how should he come by salvation, that had sold his Saviour? Who suf­fered the lashes of Christ, but the Buyers and Sellers in the Temple? the rest were sent civilly away. Nor can any bring them in, whom Christ whipt out. Nor can they be tem­ples of the holy Ghost, whom Christ ejected.

Every Author can furnish you with instances of the miserable devastati­ons that Sacrilege hath made in the world: and Sacrilege (without doubt) it is, to usurp to your own use, what is appropriate to divine Service: and Simony 'tis as a Merchandise of spiri­tual things. Sacrilege, as it respects the profits: and Simony, as 'tis a vio­lation of the Spiritual calling. You are not the first that have done it; nor the first that have been ruined by it. Josephus tells us Theodectes was struck blind for mixing Scriptures with his Tragedies: but what may we expect, that mix God's treasure with our estate? The Phocians had ploughed away but a little of God's ground, and were sentenced for it in a good summ, by that general Coun­cil [Page 130]of Greece the Amphictions, which being refused, they were utterly rout­ed out. Our Fathers devoted our Church-maintainance to God, by their solemn vows at the Altar: Ana­nias and Saphira did no more: yet when they withdrew part, nothing but their ruine could expiate the crime, both dying away strangely, Act. 5.1. Your families may grow fat, but not healthful by eating Church Revenues. In ancient time, none desired or at­tempted any such thing, but indigent wretches,Cic. Bruto in reliqiis Attici ep. ult. as Cicero observes to Brutus: Templis Deorum immortalium imminet hominum egentium & perditorum spes. And few in our Age are guilty of it, but very griping or very sharking fa­milies. And certainly the ways these proud and beggarly men propound for their rise, will prove their ruine, since nothing can be more dangerous, than to build our Houses so near the Flames of the Alrar. And foolish to expect God should bless them in, and advance them upon the Ruin of Re­ligion,De non teme­randis eccles. and Property. 'Twere well, if the Gentry would often read the Collections of that learned and pious Gentleman, Sir Henry Spelman, and [Page 131]they would soon discover the linger­ing poyson men swallow, whilst they greedily devour Church-Morsels. A thousand Families have done it in our times; and a thousand Families have perished by it.

Lastly, Let the Patron consider the Restitution he is bound to make, if he be worth it; or undergoe the punish­ment of his Iniquity for ever. For the saddest Lamentations, humblest Confessions, deepest Humiliations, sharpest Contritions, loudest Ejula­tions, and most heavenly supplicati­ons, will do no good, while we con­tinue our crimes. Let St. Aug. be the Casuist, and he resolves you:Ad Macedon. ep. 54. Si enim res aliena cum reddi potest, non red­ditur: non agitur paenitentia sed fingi­tur. If we restore not what we sin'd in taking, when we can; we do not act repentance, but feign it. Huic pae­nitendi medicina non omnino prodest, this medicine of Repentance, neither cures his guilt, nor discharges his pu­nishment. His prayers and tears are abomination to the Lord, because he remains in a State of Simony and in­justice. This the Heathens understood as well as Christians:Cic. l. 2. de le­gibus. for Cicero says, [Page 132]'twas a chief Law amongst them, Im­pius ne, audeto placare donis iram deorum: santè vota reddunto. Let not a wicked man attempt to pacifie God with gifts; but religiously observe his vows. Thus Hesiod directs [...] to pay all services to God,Epv. [...] l. a. chastly and purely cleared from guilt. If the mind be turn'd: the unjust gain must be re­turn'd. Because what defiled us, when we got it, will defile us while we keep it. Every days Deteiner is as every days fresh Robbery. Like a Thorn in the Flesh, it ceases not to ranckle and prick, till it be drawn out. So that we must part with our unjust gain, or our juft God, With Spoil or Heaven, for both we cannot hold. We must leave our Gift unoffered,Math. 5.23. till our Brother be satisfied for his wrongs. The Law is Ezech. 33.15. If the wicked restore the Pledge, give again that he hath rob­bed, walk in the Statutes of life, without committing iniquity, he shall surely live: he shall not die. And not only things unjustly gotten, but unjustly destroyed, require satisfaction: as a Beast de­stroyed in a Neighbours pit. Exod. 21.33. Or a stack of Corn set on fire. Exod. 22.6. Or standing Corn. Yea [Page 133]all things got by plunder, or by cheat­ing, he shall restore again. Lev. 5.4, 5. and if there were none alive to receive satisfaction, he was bound to recom­pense it to the Lord. Numb. 5.8. even to the Priest saith the Text; who is the Lord's appointed Receiver. But a Patron in the Casuists judgment, is bound to restore, if he had but per­mitted others to wrong the Church: for Restituere tenetur, qui damnum non impedit cum ex officio deberet. He is bound to restore the damage he hin­ders not in case he be obliged to de­fend.Navar. l. c. 21. & mult. alios. Hence 'tis the definition calls Patronage jus onerosum: for the Pa­tron is bound to protect. And the word Advowson supposes him an Ad­vocate, as Lessius notes:L. 2. c. 7. d [...]e. 22. q. 62. art. 4. yes (says A­quinas) though he use no fraud to the Owner or the Law. And yet in this case is a moral force on the Presentee, and a fraud upon the whole Law. Nor is it any great credit, by Quirks to baffle the design of a righteous Law.

Let me upon the whole matter re­quest these corrupt Patrons, in the name of our Lord Jesus Christ, to consider themselves lying on their [Page 134]death-bed, their Souls hovering upon their lips, ready to take its flight into another world: yet afraid to go off, because of the just judgment of God at hand: not knowing how to make Restitution, and less what to answer for the robberies committed on the Church by Simony. To restore, will weaken his Estate, and abate his Chil­drens portions. Not to restore, leaves him to die impenitent, and to appear at that Tribunal besmeared all over with guilt. He could haply die for his Children; but to be damn'd for them to Eternity, he thinks hard, his Soul shrinks at it: and now counts it a sad bargain, to lose heaven and glory for these trifles. He now wishes he had never known Patronages nor Presen­tations, Bonds nor Obligations. And at length in desperation, casts down (with Judas) the gains of iniquity, crying out, I have sinned in betraying the Church of God; and so expires his last breath in flaming discontent. O horrid spectacle! fit only for Devils to behold, and Furies to attend: fit to draw tears of bloud from his Chil­drens eyes: and groans from his Pa­stors Loyns, and sorrowful Lamenta­tions, [Page 135]from all his Acquaintance; as too sad an Evidence of an unhappy bargain in gaining the whole world, and losing his own soul.

2. The next address is to the Pre­sentee; who (I know will tell me as St. Ambrose Bishop did him,Ambr. de digni­tate Sacerd. c. 5. in the like case: Melius est mihi, aurum de sacello invehere, quam tantum sacerdotium per­dere: quos amem solidos (si vivo) recep­turum me illico non diffido. I do it un­willingly, but 'tis better for me to draw Gold out of my Purse, than lose so great a Bishoprick. I doubt not but to get my money back again, if I live. But pray consider,

1. You carry about you a very earthy mind, your care will be to gain Shillings not Souls: your mind is more at the Barn than the Church. This is to be that hateful thing to God and man, a secular Priest. This is not to be the Preacher, but Fool of the Gospel:Luc. 12. that will rejoyce in his Goods laid up for many days. Satan prof­fered Christ all the Kingdoms of the world which he refused: but you would have taken. Is this to be a Mi­nister of Christ or of Judas? you will bid your people leave the world, that [Page 136]you may take it: and advise them to secure Heaven that you may secure Earth. They must set their affections on things above, that you may grasp all below. Thus your Patron may commend you to the people; but your conscience will condemn you to God; and then Caro dominatur populis (as the same Father speaks) anima servit Daemo­ni; Ambr. ib. your flesh governs the people, and your Spirit is governed by the Devil. You enter Christs harvest, tanquam ad auream messem, as if 'twere a harvest of Gold not grace. Your care will be more to serve your Purse, than save your People. 'Tis well if they be rich in saith, but you are resolved to be rich in money, which looks like ser­ving the Bag rather than the Altar. In this Bargain says the same Father,Ib. quod dedit aurum fuit, quod perdidit a­nima fuit. He parted with his Gold and lost his Soul; but got nothing: for says he, aurum dans perdidisli & gra­tiam sanctam non acquisivisti. But why would you enter by sin? could not God find a way for your subsistence without it? sides famem non formidat, says St. Hierom; faith fears not hun­ger, and without faith you can't be [Page 137]saved. 'Tis lawful to contrive ways of living, but not ways of sinning.

The ancients called it gratiam spiri­tus, the favour of the holy Ghost, by which men are called into the Mini­stry: and every Minister may write himself Gratia Dei Pastor M. N. Hence this great Bishop argues, you ought to give nothing for it: because Pro eo quod gratis datur, ideo gratia vocitatur. Ambr. ib. 'Tis called grace in regard it comes gratis. And 'tis true what he says else­where,Id. In Luc. c. 4. non enim pretio taxatur gratia Dei. Gods grace is not to be rated by money. Will you read the judgment of that pious Bishop Jer. Tayler con­cerning your Entrance.Ductor dub. l. 1. c. 2. r. 5. n. 17. His intentions says he cannot be right, who by any in­direct arts doth enter: for that which doth not begin at God cannot be for God. Non enim ambitione vel pretio, sed probatae vitae & disciplinarum testi­monio, ad honoris & sacerdotis insignia oportet promoveri, said the Emperor Theodosius. He therefore who Simo­niacally enters, fixes his Eye and heart upon that which he values, to be worth Money: not on the spiritual employ­ment — he that comes into the Field with an Elephant cannot be supposed to [Page 138]to hunt a Hare. The true reason why such a one turn'd Priest, was because he could reach no more profitable im­ployment.

2. The Incumbent hath a very tickle hold that thus enters: for (as was suggested before) if any will discover he is both out and undone. In regard the Statute, not only makes the Church void: and so he loses all his charges of Institution, Induction, First-fruits, &c. but amerces him as also the Pa­tron, in the double value of one years profit, of the Living thus enterd. Which 'tis probable may be more than he is worth. For the valuation is not to be according to the Kings Book, but what it can be let for, as Sir Edward Coke in his Exposition on the Statute affirms:31 Eliz. 6. and so do all other Law-Books that I have seen. Add to this, that the Incumbent is for ever disabled to hold that Living. And by the Canon-Law is incapacitated to obtain any o­ther preferment whatsoever in the Church. These Incumbents are the worst sort of Bandogs: and must be at every conscious Persons whistle. And suppose them compelled in a­gainst him as Witnesses, he must bribe [Page 139]deep to make them forswear them­selves, for his security. This State is so uneasy, that I knew one to droop and die away with discontent, at the inso­lency and chargeableness of an Inter­medler. May all men consider they pur­chase slavery rather than preferment; and ruin their worldly as well as hea­venly joy by these courses. And the Pari­shioner may lawfully deny his Tythes, if he can prove the Simony: as it was resolved in Sir John Howse and Wrights Case in Easter Term,Hob. 467.168.177. Jac. so dange­rous a thing is it, for such an Incum­bent to sue for his profits.

3. He is to consider, he hath an Oath to swallow, and his Conscience is very large if he can get it down. The substance of it was decreed in the first Council at Oxford under Stephen Langton, Anno Domini 1222, in these words, Quod propter praesentationem il­lam, nec promiserit, nec dederit aliquid praesentanti; nec aliquam propter hoc ini­erit pactionem. That he gave nor pro­mised not only no Money, but nothing at all, nor entred into no Bargain; so that all Bonds and Contracts were to be sworn against as well as Money. But the Oath that is now administred is in [Page 140]the 40^th Canon of those published by the Convocation at London, 1. Jac. Anno Dommini 1603, in these words, I. M. N. do swear, that I have made no Simoniacal payment, Contract, or Pro­mise, directly or indirectly, by my self or by any other to my knowledge, or with my consent to any Person or Per­sons whatsoever; for or concerning the procuring and obtaining of this ecclesiastical dignity, place, preferment office or Living: nor will at any time hereafter, perform, or satisfie, any kind of payment, contract, or pro­mise made by any other, without my knowledge or consent: so help me God through Jesus Christ. And is a Bond for Resignation no Contract? and doth it not carry the force of a promise? And though it name no Mo­ney, yet doth it not indirectly imply a Resolution, to content the Patron, in what he shall demand? or be un­done. And is there any other reason of these Bonds, but to commit legal Simony? and to perjure without trou­ble of conscience? This can be no less Simony, than if the Bond had been for Money: sith the Patron might re­fuse to call for that if he pleased: and [Page 141]so may here too. But then, if he do call for it, all the world will conclude, (to use Sir Simon Degg's own words) That the Incumbent must pay what the Patron will demand:Degg. p. 1. c. 5. or else for­feit the Bond, or lose the Living: and so be undone,Officiperda. and a Jack — out of Office. I know nothing therefore, can excuse such a man from perjury, but the mystery of Jesuitisme. The In­cumbent should also mind, that the words (Simoniacal payment, Contract or promise) are not strictly to be re­duced, to the Statute-sense. For these kind of Oaths, are elder than the Sta­tute by many ages: and the words of Canons, are to be understood canoni­cally and ecclesiastical Convocations, speak in ecclesiastical sense: and there­fore they are to be taken largely, for such compact as the Canons deter­mine to be Symoniacal. And the Ca­nons exclude aliquam propter hoc pactio­nem; any kind of Contract whatsoever in consideration of a Presentation: so that Bonds for Residence; or for not holding two Livings, might be Simo­ny within the Canon, and consequent­ly within this Oath: though they are good designs, and correspond with [Page 142]our good Laws, and bind men to no­thing but what was their duty before. And yet supposing those Bonds law­ful, they will no more justify Bonds for Resignations, than a Bond for good behaviour, can justify a Bond to set the Town on fire: there being no Law nor honesty in Bonds for prophane Resignation, but enough to require our good a bearing: which is sufficient to evince, that Sir Simon Degge did ill couple Bonds for preferment of a Son: with Bonds to avoid Pluralities, or non-Residence, which were forbidden by the Canon, and the Laws of this Land. However I assure my self, that Patrons which are for Bonds of Re­signation, will never be for Bonds a­gainst Non-Residence or Pluralities: since Non-Residents and Pluralists are their usual Customers.

4. Such Incumbent may consider himself of little use to the Church in which he is: for we have already shew­ed the Patron and all others, that are conscious of his Simony must despise him as a perjur'd wretch. How can he bless (says a Father) that is accur­sed? or sanctify others that is him­self unholy? or communicate Christs [Page 143]body, that is not of his body?Dist. 81. c. Maximianus. So says the law Qui sancti non sunt, sancta tractare non possunt. He cannot re­prove their vices, lest they should thereby be provoked to tell the truth, and out the Reprover. And he must be of the Patrons Religion, against the 39 Articles, or any part of them as they require. Nor can he stand for the honour and freedome of any Church, that is thus intangled. But two things render his condition yet worse, 1. He is not in the Church as a Guide or Ruler, for his Presenta­tion, Institution, Induction, are all void. Simony enervates the vertue of all Seals. Non suscepisti (saith St. Ambrose) quia gratuitò eam non rece­pisti. Amb de dig. sacerd. c. 5. And again, Quod dedit pecunia fuit, quod accepit lepra fuit. He gave Money and received Leprosy: that is, nothing but the guilt of sin. For 'tis a Maxime, Nulli ex culpâ lu­crum; none may be a gainer by his crimes. In Ordination Leo observes, we get not the Spirit of God, but a Lying Spirit. Si spiritus verita­tis gratis accipitur, proculdubio spiri­tus mendacii esse convincitur, qui non gratis accipitur. 1. q. 1. gratia. Nay they are not [Page 144]Priests, nor is any thing conveyed: and so says Greg. Mag. Quicundque studet per dationem sacrum ordinem accipere, Ib. Idem. sacer­dos non est. And again, Presbyter, si per pecuniam ecclesiam obtinuerit, Ib. Idem. non so­lum ecclesiâ privetur, sed etiam sacerdotii honore spolietur: so that this Church is void, and he ceases to be a Priest. Nor would they acknowledge his of­ferings or service to be acceptable or pure.Hier. In Mat. c. 1. v. 11. So says St. Hierom, Panem pol­lutum offerunt quantum ad se, qui ad altare indignè accedunt; quique dato munere sacerdotium praesumunt. As to themselves, they offer polluted bread. Thus the Council of Roan; Dec. 7. q. 1. Sanctitum. if any en­ter turpis lucri gratiâ dejiciatur a clero & alienus existat a regula. He is outed as irregular, and his Priestly acts are such Quae fieri non debent, sed fact a va­lent; good to others not to him­self.

To conclude, all the Canons and im­perial Constitutions go the same way, making all things void, such a Simo­nist can do: at least as to himself. Hence the Casuists rule,Sa aphor. Sim. n. 10. Collatio bene­ficii Simoniaca nulla est, 'tis a meer nul­lity to present by Simony. We must say of him, as Peter of Simon Magus, [Page 145]Thou hast no part, nor lot in this matter, Act. 8. He is a Usurper of that holy office by his Criminal Entry.

2. He stands ipso facto Excommu­nicate,Navar. l. c. n. 111. both from his Orders, his Li­ving and the Catholick Church. In ecclesiâ Dei eos consortium habere non posse, qui sancti Spiritus gratiam nundi­nentur, saith Ambrose, Amb. in Luc. 19. they can't hold Church-Communion that trade with the grace of God's Spirit. He that gets any Benefice or Ministry, by re­ward,Dec. 1. q. 1. Repe­rimur. Ex eodem tempore se noverit ana­thematis opprobrio condemnatum, atque a participatione corporis & sanguinis domini alienum. And what comfort can he take in his Calling that is thus intang­led with Nullities and Curses; and prejudiced by his sins?

1. That the Primitive Church made no Canons against Patrons, was be­cause in that age there was no such thing: but Election and Ordination brought the Clergy into their Church­es, Offices and Profits. And hence the Canons militate against Ordainers and Ordained, Electors and Elected; but the Reason is the same. The Patron being the sole Elector, and shares with the Bishop in filling the Church; and [Page 146]here money qualifies for the Ministry, the spiritual Office is purchased, and the grace of God is bought and sold, as then.

5. Since Christians are not Stoicks, to think all sin equal; the Incumbent will do well to consider, in what rank, the most pious Christians placed Si­mony.Ambr. de dig. Sacerd. c. 5. St. Ambrose calls it mortale vitio­sitatis is virus, the deadly poison of vi­tiousness. Pope Paschal calls them primos & praecipuos haereticos, ab omnibus sidelibus respuendos; the first and chief­est hereticks, to be rejected by all the faithful — again all crimes compared to Simoniacal heresy,Dec. 1. q. 7. pa­ter. quasi pro nihilo reputantur, are accounted nothing. Tha­rasius said the Macedonian heresy was more tolerable: for that made the ho­ly Ghost Gods servant, but this makes him mans Slave, or his Beast to be bought or sold at his pleasure.Ep. Synod. Yea, he thinks it equal to the sin against the holy Ghost. Aequaliter peccantes his qui blasphemaverint, dicentes; Christum in Beelzebub ejicere daemonia; and adds, that 'tis like the crime of the Traytor Judas, that sold his Christ to the Jews, his Murderers. Perpetua mulctatur dam­natione says Gregory, and Nazi. says (as [Page 147] Gratian recites him) Nam Spiritus sancti donum pretio comparari, quid aliud est quam Capitale crimen? And St. Ambrose again, Illum constat execrabile Christo perpetrasse flagitium, 'tis a wickedness execrable to Christ. And hence again those pious men in the Council of Meaux in most fervent manner cry out, Cavendum est & summopere studendum &c. We must beware and endeavour by all might and main. And by the merits of Christs bloud must forbid, to all Bishops and Kings, and all higher powers, and all Cherishers, Electors,Grat. 1. q. 7. Et mox. Consenters and Ordainers to any Ec­clesiastical dignity; that none may at­tain any place by Simoniacal heresy, by himself or any Promoter, with any Service, Craft, Promise, Commodity or Gift whatsoever. By which we may see the zeal of godly men, to ex­tirminate that crime, we contrive to bring in. 'Tis perverseness in our judgments, if we reckon that a small thing, which they esteemed heavier than a Milstone, and St. Peter so se­verely condemned, and for a taste of our own Church, she hath clos'd with the Primitive in her resentments of it; for she calls it, the detestable Sin of Si­mony; [Page 148]and says buying and selling Spiritual and Eccesiastical Functions,Can. 1. Jac. 1603. can. 40. Offices, Promotions, Dignities and Livings, is execrable before God; I am afraid, he will prove a Bastard Son, that thinks otherwise. Nor is there any Sect, that espouses the Simoniacal cause among the many bad causes owned in the world.

6 This Incumbent's condition is ve­ry miserable in the world;1. Tim. 3.7. for 1. He is under a very illname. 'Tis his duty to endeavour a good report of those that are without, but he hath a bad one a­mongst those that are within. If So­lomon be right, that a good name is bet­ter than great Riches; Prov. 22.1. he makes a bad bargain, that parts with his Money for a bad one. Crudelis est qui famam negligit, saith St. Aug. but what is he that famam destruit? ruins his good name? To have a good Conscience is most necessary to his salvation, but to have a good name is most necessary to his vocation. 'Tis no good Character of a Divine, to be reputed shameless. Contemptu famae contemnuntur & virtu­tes, (says one) Fame can't be despi­sed but virtue is cast off with it, and [Page 149]by so doing, men fit themselves for farther villanies.

A blushful countenance is a kind of trash to an over fleet Villain. A grave Philosopher asures us, [...] &c. they have very impure souls that desire to be much spoken of for their great wickedness, rather than [...], than ab­staining from evil to live obscurely. He must expect to be esteemed of no reputation, that hath no other instru­ction for the Ministry, but a Bag of Money under his arm. 2. His Bonds given (as his best qualification) are suable at Law; so that he must quit his Living, compound with his Pa­tron, or pay it with charges.Inst. 3. f. 154. This was adjudged says Coke in the Com­mon pleas Pasche Eliz. 40. rot. 1745, in Gregory and Oldbury's case. The Statute made nine years before, doth not vacate the Bond unless he plead a Simoniacal Contract; which is a very husbandly way to vacate the Living; but doubt­ful whether it would void the Bond at [Page 150]last. 3. It will blast his fortunes in marriage, for who will bestow any thing better than an Abigail, on him that is but Tenent by curtesie; and is blown away by one breath of the Pa­trons mouth out of all he hath. If the Incumbent conceals it when askt, he cheats the Father-in-Law; if he con­fess it, the bargain is broken. Nor is his credit better, for who will lend him any considerable summ (how im­portunate soever his necessities be) that knows him indebted in a thou­sand Marks, or out of his Living? So that this kind of Simony is a [...] utter undoing. Is his Purse so big as to talk of a Purchase? but first (says the Patron) let him discharge my Bond: and the fuller he is thought to be, the greater is the Demand; so that he hath the pains, and the Patron the profit of his good husbandry. And who will marry such an Incumbents Daughter, whose Father may soon appear scandalous and so shame him; and out of all, and so lye upon him? Our gentle Mother Academia blushes to see her Sons so bad Logicians, as not to find this fallacy, or distinguish themselves out of these Bonds. [Page 151]But is it not better to have a Li­ving in this manner,Obj. than none at all?

'Tis better be idle than rob or steal,Sol. and to follow no trade than a sinful one; but much better with Marlorat to work with a Spade in a Town-Ditch than either. 2. 'Tis better to provide for the publick safety of the Church of Christ than our own. Christ left Heaven to do it service, and why can't we a Living? All refusing these Simoniacal Contracts, the Condition of all is better'd by it. 3. You will lose nothing by it, but appear the more conscientious and fitting man for the Ministry. 4. The Money paid to enter by sin, would maintain you till an en­trance be offer'd without sin. 5. 'Tis better to have a bad Living with a good conscience, than a good Living with a bad one. 'Tis more reasonable to be­lieve the Lord hath no need of us, than to intrude without a call.Dec. de Sim. [...]. q. 6. Greg. Mag. tells Siagrius, Is qui invitatus renuet, quaesitus refugit; sacris altaribus est ad­movendus: Qui ultro ambit, vel impor­tunè se ingerit, est proculdubio repellendus, This was the Primitive modesty, some feigning themselves Fools, some deny­ing [Page 152]themselves to be Christians. O­thers refusing to be baptized. Others hiding themselves to avoid their Ele­ctions. Greg. Nazianzen after he was chosen Patriarch of Constantinople (e­qual then to the best preferment in the world) by an Oecumenical Council; observing some few Egyptian Bishops against him,Hist. eccl. l. 7. c. 7. refused the Patriarchate (as Sozomen and many others affirm.) Prisci viri sanctique homines difficilius ad Pontificatum vocabantur, quam nunc ex alio amoventur, Ae [...]. Sylv. ep. 25. Cyp. to. 1. ep. 52. says Aeneas Sylvius. And Holy Cyprian assures us, Cornelius vim passus est, ut episcopatum coactus ex­ciperet, Cornelius was forced into the Popedome by plain violence. Euse­bius Emissenus that great light of the Church, was earnestly solicited to ac­cept the Patriarchate of Alexandria, by the Synod of Antioch; or at least by Eusebius Patriarch of Constantino­ple; Socrat. hist. l. 2. c. 6. but he refused it: as he had fled before to Alexandria from Antioch to avoid that Patriarchal See. Pontius shews with what unwillingness holy Cyprian was call'd forth to the Primacy of Carthage. Pontius in vit. Cypr. Synesius that acute Divine and Philosopher, declared in a Letter to his Brother, that he believed not [Page 153]the Resurrection, on purpose to avoid the Bishoprick of Cyrene, which yet could not defend him. Evagrius how­ever took him at his word, and hath left him on Record as an Infidel to the Resurrection, [...]:Evagrius l. 1. c. 15. being (in his opinion) not so much as willing to seem to believe it. So Eusebius Pamphili, urged by the Common shout of the City of Antioch, and solicited by Constantine's Letters, upon the re­quest of the Synod at Antioch: yet constantly refused the Patriarchal See. The Emperor hearing him alledge, that it was against the Decree of the Fathers to remove from a less to a greater or other Diocess, commended his self-denial;Sozom. l. 2. c. 18. [...]. Nyssen gives us a fair account of that man of wonders Gregorius Thaumaturgus, Nyssen in vit. Greg. Thaumat. his flight into the Wilderness to escape the Chair of Naeo-Caesarea; yet at length was strange­ly brought back to it by the prayers and contrivance of Phedimus. Greg. Turon. l. 10. c. 1. Jo. Diac. l. 1. c. 39, 40. So Gre­gory the great, after he was chosen by the Clergy and People of Rome to the Papal dignity, wrote earnestly to Mau­ricius then Emperor to refuse his Con­firmation, of what the Electors had [Page 154]done, that he might escape so weigh­ty a charge; as Gregory Turonensis and Joh. Diaconus report it.

The Rule then was Quaeratur Cogen­dus; Epiph. ep. ad. Joh. Hieros. his Neighbour Bishops oft caught, ordained, and restored several Presbyters that fled from him, to es­cape cape holy Orders. And this was the Imperial Decree, that whoever was ambitious of holy Orders,Col. l. 1. tit. 3. de epis. & cler. c. 31. should not be received. This Sentence executed, would abate the number of Simonists, and make a thin Church amongst Con­formists and Non-conformists too: however, it may serve to raise a shame­ful blush on the face of such as pur­chase their way of Entry. 6. The world will conclude, there is no merit where the entrance is attempted by Money. 7. By such a Preferment you are more intangled than advanced; and in a year or two (when the Patrons will and pleasure is) may be as far to seek as ever. 8. By the Canons of the Church, Simoniacal Entrance makes you uncapable of any Ecclesiastical promotion for ever. Pius the 5th his Bull speaks not so much, the sense of the Roman as the Catholick Church. [Page 155]The Canons, Civil Law, and Decretals, all affirming deposition. Cum omni fi­ducia clamo, Qui per Simoniam ordinatus est alienus est a sacerdotio: adding this reason,1. q. 7. Si quis omnem. 1. q. 2. Si quis dator. neque enim venalis est gratia spiritius: you get no more than Simon Magus by it, who was extirminated for ever. Perpetua mulctetur damnatione, says Greg. And because Simony vacates all Seals, and conveys no right, the Casuists affirm you are bound in con­science to resign whatever is so gotten, and to make Restitution of what pro­fits you have received. If you think these Canons void in Law, yet they are not in Conscience: nor in Law neither, as it seems by the Statute made 25 Hen. 8. c. 19. which affirms all Canons not contrariant, nor repug­nant to the Laws, Statutes and Customs of the Realm; nor to the damage or hurt of the King's Prerogative Royal, shall be now still executed. This is the Statute of the submission of the Cler­gy, and was the rule they were to walk by. Nor is the matter altered in this Statute of Simony, 31 Eliz. 6, for the fourth Paragraph provides, that the Act should not restrain any censures Ecclesiastical, but that the [Page 156]Ordinary might execute them; as be­fore the making of the said Act, upon which Degge delivers his opinion, that corrupt Patrons,Parsons Coun. p. 2. c. 5. who take Bonds for Resignation, without any reasonable cause apparent, may be called to ac­count before the Ordinary, &c. and censured if occasion be: and doubtless so may the Incumbent too. Some say the Statute of 25 Hen. 8. c. 19, is ex­pired as temporary; and indeed so it was designed, provided a body of Ca­nons had been pickt our of the an­cient Councils, to have been ratified by some subsequent act, but that was not done, and probably never will; and therefore (under correction) we may say, it is in force still.

Lastly, such an Incumbent ought to consider, he is self-called, and not called of God. Christ the first Priest of the Christian Church, would not stir till his father had sent him. Nor did any Apostle enter the office but as Christ sent them. John 20.21. As my Father sent me, so send I you. Nor is there any in that office that taketh this honour to himself, but he that is called of God, as Aaron was; Heb. 5.4. He that acts without a warrant, will [Page 157]not be born out in what he doth. To in­gage without command hath received punishment, in successful fights. If we will act without Commission, we must do it without comfort too, expecting (as well we may) to hear that reproachful Nippe, who required these things at thy hand? We forge the Broad Seal of Heaven, if we en­ter upon our Saviour's Embassy with­out his Order. The Church is bid to pray the Lord of the Harvest, to send forth able Labourers into his Harvest. Matth. 9.38. And how can we expect wages except he sets us on work? But these hire themselves, and bear witness to themselves of their own worth; artificial Pastors made by their own contrivance. Like Bastards they are Sons of their own fortunes; true Ter­rae filii that no body else will father. And thus to enter (says Amesius) is planè Diabolicum, Cas. Conse. l. 4. c. 25. n. 20. a meer promotion of the Devil; for (as he adds) officium curae animarum est spirituale Dei do­num — & proinde idem in genere & ex na­turâ rei est, illud officium emere; cum eo quod fecit Simon, Act. Ib. n. 21. 8. 'Tis not doubted, but the right of calling is principally in Christ, but by way of [Page 158]Delegation in the Bishop, acting in the behalf of Christ by virtue of the Commission granted to him, Joh. 20.21. and in the Patron to whom the people must be supposed, to have delegated their power of electing, or rather con­senting; which (when the dust of contention that blinds mens eyes is laid) will appear as lawful as any Churches can elect Representatives to appear for them in Synods: but then to purchase this delegated con­sent of the Patron, is the fowlest of all corruptions. We then enter injussi & non vocati, [...]. p. 227. and therefore ipsos diaboli nuntios efficaciter convinci posse; says Hunnius from Luther, and shew our selves to be the Devils Messengers. Lu­ther tells us himself, he that hears one uncalled, doth hear Diabolum cor­poraliter loquentem, a Devil incarnate preaching.In. Luc. 12.42. This Simoniack Call, is from Pluto the God of Hell and Wealth; and his Ambassadors they are. Hear how honest Stella derides them, on those words, Quem constituit domi­nus super familiam. O quanti sunt Prae­lati (says he) quos non constituit domi­nus sed ipsi se constituerunt suâ ambi­tione, favoribus aut pecuniis; and thinks [Page 159]God permits them only for the peoples sins, as a plague and curse to their Con­gregations. Then (says he) thou art called of God,Exod. 4.13. Jer. 1.6. Is. 6.5. Jon. 1. Quando sine Tuâ solicitâ diligentiâ, dignitas Tibi offertur; and wonders any would be so bold as to purchase, what Moses, Jeremiah and Isaiah refused and bewailed, and Jonah fled from. A man may satisfy his conscience that he is called of God, when his own strong and constant in­clinations shall lead him to the Mini­stry: and his Friends not only consent but devote him that way, and his own abilities are not only sufficient, but are better for that way than any o­ther. And then that he be invited in by some Church or Patron, which is a Churches Representative, and appro­ved, ordained and instituted by the Bishop, whom Christ Commissioned to that purpose. But (says Stella) the Church ever pronounced him un­worthy that thought himself worthy.

Let us now conclude with this hear­ty Obtestation, to both Patrons and Presentees; to remember, that self­denial is a Gospel grace, self-seeking is a Gospel disgrace: by the first we can do no hurt, by the second we sel­dom [Page 160]do good. In this danger Alcibia­des will tell you, 'tis better [...] to fly the danger, than escape at Tryal. A good conscience cannot easily close with suspected wickedness, but much less when 'tis detected. I know your hearts are hardened by the de­ceitfulness of sin, and you are hired by your profit to turn a deaf ear; yet I would be loath to make my Addresses to you, as the Cynick did to a dead Statue, only to learn to bear a Repulse. I think I may confidently say, if this Doctrine be hid, 'tis hid to them that perish; whom the God of this world hath blinded. If therefore you desire to escape the Crime and Curse of Ma­gus, if you have any regard to the ho­nour of God, any care for the Edifica­tion of the Church, any desire for the safety and glory of your Countrey, any pity for your own souls, any ten­derness for your families, any aim at your own peace within, or at a good name from abroad, if you have any love for Learning, or Reward for vir­tue, or kindness for Modesty, abhor these vile practises. The Jews were thought to worship Bacchus, because they had a Golden Vine in their Tem­ple; [Page 161]and won't men think you worship Plutus? that have brought the Bank thither. Silver shrines may very well become Diana's Temple, but more pure souls the Temple of Christ. Let the Priest have leave to purchase the Ministration, when the Deity is a Gol­den Calf. But to give or take Money to worship the pure Jesus, is more absurd, than to offer Wine to the Nymphs and Water to Bacchus; than to throw Bones to the Horses, and Hay to the Dogs.

Is it not more gallant in Peter and Elisha, to disdain earthy mens proffers, than in poor-spirited Gehezi to run af­ter them? Do holy men boast, Silver and Gold have we none; and are we such ignoble minds, as to think we can't be saved without them? That Princes amass treasures, is a sign they are unhappy: Angels and glorified Spi­rits that injoy perfect bliss refuse it. Pots of Ointment, and rich Washes are the purchase of the deformed: a native beauty needs no paints nor fair­dings. 'Twas a biting conceit of the Poets, that the Carcase of the Sheep that wore the Golden Fleece,Dist. 88. c. Ne­gotiatorem. was good for nothing. And hence perad­venture came St. Hierom's advice, Ne­gotiatorem [Page 162]Clericum—quasi quandam pe­stem fuge. Leo in his Epistle to Bishop Anatholius assures him, Virum Catholi­cum & praecipuè Domini Sacerdotem, si­cut nullo errore implicari, ita nulla opum cupiditate violari oportet. Tert. reports that Enoch delivered it as his judgment,Lib. De cultu faemin. that Silver and Gold were ab angelis ma­lis inventa. Had he said the Simonia­cal use of them had been from the in­stigation of the Devil, good men would have closed with the opinion. Athenagoras, Leg. pro Chri­stianis. as a man of the old Chri­stian make, calls these covetous souls, [...], as less worth than their treasures.De Relig. c. 1. The best Lactantius can say of them is, Quibus rebus nemo melior, nemo justior fieri potest. No man was ever made more just or more upright by them. Hence he observes the most vertuous Heathens, abjecerunt omnia—ut solam nudamque virtutem, nudi expedi­tiùs sequerentur; rejected all their pelf, to render themselves more sleet in the pursuit of virtue. It seems the Phi­losophers had a clearer apprehension of them than our drossy souls, too deep immersed in matter; for they held them to be [...] as voluminous Gowns that hinder our walk; and so [Page 163]do [...] as De­mophilus speaks.V. Gal. edit. o­puscula. p. 3. 'Tis strange that a Christian should damn himself, to gain what these brave Heathens slight. 'Twas beyond my expectation, to hear Acosta say ,Quizacoalt the God of Riches was the most honoured Idol amongst the Cholutecas; yea in all America: Acost l. 5. c. 30. but he confines it to the Merchants. Our Simonists being of the same trade, are not unlikely to joyn with them; yet 'tis an unaccountable madness, that a man should run such infinite hazards, for what can do him so little service. Could he buy Heaven and Glory, the pardon of his sins, the favour of God, the blood of Christ, or ransome his ruin'd soul by it, 'twere the more ex­cusable. But when it will not pur­chase him an hours piece of consci­ence, nor a minutes continuance in this vale of misery, when his time is come; but that with Judas he must cast his unjust gain away in fearful despera­tion, and shut up his days in the black­est Clouds of vengeance. Sith his head must ake, though incircled with a Golden Diadem; his Foot rage with the Gout, though in a Golden Slipper; his heavy Heart must sigh, bibit licèt [Page 164]Gemmas, though he drink Cordials of Pearl; and cannot sleep though he sinks in Down;Cypr. l. 1. ep 2. as the eloquent Pri­mate of Carthage hath it: who can excuse them from acting worse than children, that beat out their strength in pursuing Butterflies? since children lose but their labour: but these lose Christ, Heaven, Glory, Soul, Body and all Comfort eternally by it. To be poor at worst, is but an afflicting state; but to be Simoniacal is a damning State. By such luckless Acquests, men add more guilt to their consciences, than Gold to their Purses. How lite­rally do these unhappy souls construe and apply the Satyrist's ironical ad­vice

but why may he not sell his soul, that thinks it lawful to sell his God? and yet sure, he makes but a bad Title, for the Purchaser never gets him.

But stay, we are slipt into an Ocean of discourse, by following the strong stream of Simony, into the bottomless Sea of Avarice: and in truth there it begins, and there it ends. The Root [Page 165]of all evil is the Root of this too; and 'twill be hard to destroy these profane branches, without plucking up the Root. For (as Polydor Virgil observed) reckoning up the punishment of Simo­ny; privatur Sacerdotio, De Invent. lib. 8. c. 3. in fino. dignitate ac praefectura dejicitur, infamis habetur, mul­tisque aliis afficitur probris; at length adds, Tanti criminis sola est avaritia pa­rens. Timon observes, that covetous that covetous desires are the Elements out of which men may spell all sorts of evil: and have composed this fowl Monster. Whoever can make the best assault upon Avarice, will be the most fortunate man, in the suppression of this most insolent crime. It hath hi­therto been too hard for all the moral attaques of God and Man; of the Old Testament and the New, of Prophets and Apostles, of Councils and Parlia­ments, of Canons and Statutes, of Conformists and Non-Conformists. As diseas'd Bodies have lost their true Gusto, so have these Covetous Souls lost the sense of true praise, and are as difficult to be reclaimed, as men perfectly stupid, are to be taught. But we may well pity them,Sen. ep. ad Lu­cil. 168. for as Seneca often notes, In nullum Avarus bonus [Page 166]est, in se pessimus, he is kind to none, but most unkind to himself; loading his Soul with sins, his Name with scan­dal, and his heart with cares. Yet since he is also a shame to his Church and Country, we will rise up, and call that Senate blessed, that shall consider this sin as the Nations great Grievance, Religions scandal, the Churches da­mage, and every private mans injury, who himself, his Children or Relati­ons may hereafter be qualified for Church-preferments: and shall accord­ingly endeavour to perfect blest Eliza­beths design, by making all Presenta­tions void and forfeited, that shall be clogged with any gifts, payments, pro­mises, Bonds of any sort, Covenants, or other Instruments whatsoever.

Since the Patrons duty is no more than to search out, and his right to no more than to present a learned and pi­ous Guide to the People, to lead them the straight way to Heaven. The Laws of the Land are, or may be made suffi­cient to curb all Exorbitancies of an In­cumbent, without the Patrons By-Laws; which are and will always be made to his private, against the pub­lick benefit. May they also farther [Page 167]provide (according to the ancient Law) that no sales of Advowsons may be good, unless they are made in Fee­simple. By which, these subtile Tra­ders will be forced upon a new strain of Invention to cheat the world; and a poor conscientious, modest and grave Divine, may stand as fair for prefer­ment as a Golden Ass. Worldly souls fear men more than God, and Laws more than Gospel: being led by sense rather than faith.Luc. 16.14. The Scriptures shew that the careless neglected, but the Covetous derided Christ; and much more will they the clearest products of Reason and Religion: and therefore we call for the scourge of Laws, which are most proper for the Fools backs, that can't be perswaded by the strong­est Arguments: to which therefore I leave them.