LAW. BY RICHARD BURN, LL.D. CHANCELLOR OF THE DIOCESE OF CARLISLE, "The Temporal Law and the Ecclefiaftical Law are so "coupled together, that the one cannot fubfift without Lord COKE in Moore's Rep. "the other." THE SIXTH EDITION; WITH NOTES AND REFERENCES By SIMON FRASER, Efq. BARRISTER AT LAW. IN FOUR VOLUMES. VOL. II. LONDON: PRINTED BY A. STRAHAN, LAW-PRINTER TO THE KING'S MOST EXCELLENT MAJESTY; For T. CADELL junior and W. DAVIES (Succeffors to Mr. CADELL) in the Strand; And J. BUTTERWORTH in Fleet-street. C Commemoration. Ommemorations in the ancient church were recitals of the names, and honourable mention made in the folemn offices of worship, of fuch perfons 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 Chrift. 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 obfervation of faints days in the church. Ayl. Par. 190. But in procefs of time, as this was ufually performed upon the day of the perfon's death, the fame degenerated into annals, anniverfaries, obits, and fuch like: wherein prayers were put up for the foul of the deceafed, and maffes celebrated for the redemption thereof out of purgatory. And upon this foundation the chauntries were eftablished and endowed. Ayl. Par. 190. Alfo, where the fervice of the leffer holiday falleth in with a greater, it is called a commemoration; in which the fervice of the greater holiday is performed, and commemoration only is made of the faint for whom the infs. rior fervice is appointed. Gibf. 263. Commendam. Ommendam is a benefice or ecclefiaftical living, Commendam, which being void, to prevent its becoming void, what. commendatur, is committed, to the charge and care of fome fufficient clerk, to be fupplied until it may be conveniently provided of a paftor. Thus when a parfon of a parish is made the bishop of a diocese, there is a ceffion of his benefice by the promotion; but if the king gives him power to retain his benefice, he fhall continue parVOL. II. B fon I Restraints of fon thereof, and fhall be faid to hold it in commendam. God. 230. (a) 2. By a conftitution 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 fuch commendams; we do decree that no church fhall be granted in commendam, but for juft and lawful caufe: and in fuch cafe, that no church fhall be commended to any person who bath more than one benefice with cure of fouls; and that no person shall have more commendams than one; on pain that the jame shall be void, and the bishop who shall grant fuch commendam fhall be fufpended from collating or prefenting unto benefices until he shall recal the fame. Athon. 120. And by a conftitution of archbishop Peccham: We do decree, that if any perfon fhall take or obtain more than one benefice with cure of fouls, or otherwise incompatible, without difpenfation of the apoftolic fee, either by way of inftitution or of cuftody or commendam, or one by inftitution and another by commendam, except they be held in that manner which Gregory's conflitution made in the council of Lyons doth permit; he fhall be deprived of all benefices fo obtained, and be excommunicated ipfo facto, and not abfolved but by us or our fucceffors or the fee apoftolic. Lind. 136. Gregory's conftitution] Which was, that no commen, dam fhould be granted to any perfon, 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 feem to have been added to the definition to make it extend to commendams retinere, which Lord Hobart fays are not properly commendams though usually called fo, but merely faculties to retain, infra 4. for according to bim there is no difference between a commendam and a prefentment, but that the one prefents the parfon to the church, the other commits the church to the parfon. Hob. 150. According to the fame authority commendams are of three degrees; one femeftris, that the church may not be without a parfon during the patron's refpite 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 fubject is to be found. S. C. 1 Rel. Rep. 451. and Moore 898. .the |