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RICHARD BURN,

BURN, LL.D. CHANCELLOR OF THE Diocese of CARLISLE, AND VICAR OF ORTON IN THE COUNTY

OF WESTMORLAND.

« The Temporal Law and the Ecclesiastical Law are so

“ coupled together, that the one cannot sublist without " the other,”

Lord Coke in Moore's Rep.

THE SIXTH EDITION;

WITH NOTES AND REFERENCES
By SIMON FRASER, Efq.

BARRISTER AT LAW.

IN FOUR VOLUMES.

VOL. II.

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LONDON:

PRINTED BY A. STRAHAN,
LAW.PRINTER TO THE KING'S MOST EXCELLENT MAJESTY;
For T. CADELL junior and W. Davies (Successors to

Mr. CADELL) in the Strand;
And J. BUTTERWORTH in Fleet-street.

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I

Commemoration.

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TOmmemorations in the ancient church were recitals

of the names, and honourable mention made in

the folemn offices of worship, of fuch persons as had been eminent for piety and fanctity, and who had departed this life in the fear of God, and in communion with the church of Christ. And this was done with a kind of prayer and thanksgiving; not from any fuppofed benefit that it would be to the dead, but for the example and encouragement of the living. And from hence may be deduced the observation of faints days in the church.

Ayl. Par. 190.

But in process of time, as this was usually performed upon the day of the person's death, the fame degenerated into annals, anniversaries, obics, and such like: wherein prayers were put up for the soul of the deceased, and mafles celebrated for the redemption thereof out of purgatory. And upon this foundation the chauntries were established and endowed. Ayl. Par. 190.

Also, where the service of the lefser holiday falleth in with a greater, it is called a commemoration; in which the service of the greater holiday is performed, and commemoration only is made of the saint for whom the infs. rior service is appointed. Gibf. 263.

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Commendam.

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Ommendam is a benefice or ecclesiastical living, Commendam,

which being void, to prevent its becoming void, what.
commendatur, is committed, to the charge and care of some
fufficient clerk, to be supplied until it may be conveniently
provided of a pastor. Thus when a parson of a parith
is made the bithop of a diocese, there is a ceffion of
his bent Lice by the promotion ; but if the king gives
him power to retain his benefice, he shall continue par-
Vol. II,

B

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son thereof, and shall be said to hold it in commendam.

God. 230. (a) Restraints of 2. By a constitution of Othobon: Whereas divers percommendam. fons, to avoid the laws against pluralities, do procure vacant

benefices, to be commended to them, to the great decay of piety and hospitality, and to the fin of those who grant such commendams ; we do decree that no church snall be granted in commendam, but for juft and lawful caufe: and in such case, that no church shall be commended to any person who hath more than one benefice with cure of jouls; and that no person shall have more commendams than one; on pain that the same foall be void, and the bifhop who hall grant such commendam mall be suspended from collaring or presenting unto benefices until he shall recal the fame. Athon. 120.

And by a constitution of archbishop Peccham : We do decree, that if any person shall take or obtain more than one benefice with cure of souls, or otherwise incompetible, without dispensation of the apostolic see, either by way of inftitution or of custody or commendam, or one by inftitution and another by commendam, except they be held in that manner which Gregory's conftitution made in the council of Lyons doth permit; he jhall be deprived of all benefices so obtained, and be excommunicated ipso facto, ond noi absolved but by us or our successors or the fie apoftolic.

Lind. 136. Gregory's conftitution] Which was, that no commen, dam should be granted to any person, but who was of lawful age, and a priest, and but one commendam to one person, and that only when evident neceffity or

(a) The words “ to prevent its becoming void,” are not in Godolphin, and seem to have been added to the definition to make it extend to commendams retinere, which Lord Hobart says are not properly commendams though usually called so, but merely faculties to retain, infra 4. for according to bim there is no difference between a commendam and a presentment, but that the one presents the parson to the church, the other commits the church to the parson. Hob. 150. According to the same authority commendams are of three degrees; one Semeftris, that the church may pot be without a parlon during the patron's respite of fix months; another perpetua, or for life; the third limitata, or temporary, which limitation however is not allowed in commendams capere. Hob. 144. 153. Colt and Glover v. Bp. of Coventry and Litchfield, where much learning on this subject is to be found. s. c. i Rel. Rep. 451. and Moore 898.

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