Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/409

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Ch. 11.
of Persons.
393

ſecrated. But there is a method, by the favour of the crown, of holding ſuch livings in commendam. Commenda, or eccleſia commendata, is a living commended by the crown to the care of a clerk, to hold till a proper paſtor is provided for it. This may be temporary, for one, two, or three years, or perpetual; being a kind of diſpenſation to avoid the vacancy of the living, and is called a commenda retinere. There is alſo a commenda recipere, which is to take a benefice de novo, in the biſhop's own gift, or the gift of ſome other patron conſenting to the ſame; and this is the ſame to him as inſtitution and induction are to another clerk[1]. 4. By reſignation. But this is of no avail, till accepted by the ordinary; into whoſe hands the reſignation muſt be made[2]. 5. By deprivation, either by canonical cenſures, of which I am not to ſpeak; or in purſuance of divers penal ſtatutes, which declare the benefice void, for ſome nonfeaſance or neglect, or elſe ſome malefeaſance or crime. As, for ſimony[3]; for maintaining any doctrine in derogation of the king's ſupremacy, or of the thirty nine articles, or of the book of common-prayer[4]; for neglecting after inſtitution to read the articles in the church, or make the declarations againſt popery, or take the abjuration oath[5]; for uſing any other form of prayer than the liturgy of the church of England[6]; or for abſenting himſelf ſixty days in one year from a benefice belonging to a popiſh patron, to which the clerk was preſented by either of the univerſities[7]; in all which and ſimilar caſes[8] the benefice is ipſo facto void, without any formal ſentence of deprivation.

VI. A curate is the loweſt degree in the church; being in the ſame ſtate that a vicar was formerly, an officiating temporary miniſter, inſtead of the proper incumbent. Though there are what are called perpetual curacies, where all the tithes are appropriated, and no vicarage endowed, (being for ſome particular

  1. Hob. 144.
  2. Cro. Jac. 198.
  3. Stat. 31 Eliz. c. 6. 12 Ann. c. 12.
  4. Stat. 1 Eliz. c. 1 & 2. 13 Eliz. c. 12.
  5. Stat. 13 Eliz. c. 12. 14 Car. II. c. 4. 1 Geo. I. c. 6.
  6. Stat. 1 Eliz. c. 2.
  7. Stat. 1 W. & M. c. 26.
  8. 6 Rep. 29, 30.
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