Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/404

 388 therefore generally called privy, mall, or vicarial, tithes; the greater, or predial, tithes being till reerved to their own ue. But one and the ame rule was not oberved in the endowment of all vicarages. Hence ome are more liberally, and ome more cantily, endowed; and hence many things, as wood in particular, is in ome countries a rectorial, and in ome a vicarial tithe.

ditinction therefore of a paron and vicar is this; that the paron has for the mot part the whole right to all the eccleiatical dues in his parih; but a vicar has generally an appropriator over him, entitled to the bet part of the profits, to whom he is in effect perpetual curate, with a tanding alary. Though in ome places the vicarage has been coniderably augmented by a large hare of the great tithes; which augmentations were greatly aited by the tatute 29 Car. II. c. 8. enacted in favour of poor vicars and curates, which rendered uch temporary augmentations (when made by the appropriators) perpetual.

method of becoming a paron or vicar is much the ame. To both there are four requiites neceary: holy orders; preentation; intitution; and induction. The method of conferring the holy orders of deacon and priet, according to the liturgy and canons, is foreign to the purpoe of thee commentaries; any farther than as they are neceary requiites to make a complete paron or vicar. By common law a deacon, of any age, might be intituted and inducted to a paronage or vicarage: but it was ordained by tatute 13 Eliz. c. 12. that no peron under twenty three years of age, and in deacon's orders, hould be preented to any benefice with cure; and if he were not ordained priet within one year after his induction, he hould be ipo facto deprived: and now, by tatute 13 & 14 Car. II. c. 4. no peron is capable to be admitted to any benefice, unles he hath been firt ordained a priet; and then he is, in the language of the law, a clerk in orders. But if he obtains orders, or a licence to preach, by Rh