Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/294

 278 cae the benefice becomes void by death, the ceion through plurality of benefices, there the patron is bound to take notice of the vacancy at his own peril; for thee are matters of equal notoriety to the patron and ordinary: but in cae of a vacancy by reignation, or canonical deprivation, or if a clerk preented be refued for inufficiency, thee being matters of which the bihop alone is preumed to be cognizant, here the law requires him to give notice thereof to the patron, otherwie he can take no advantage by way of lape. Neither hall any lape thereby accrue to the metropolitan or to the king; for it is univerally true, that neither the arch-bihop or the king hall ever preent by lape, but where the immediate ordinary might have collated by lape, within the ix months, and hath exceeded his time: for the firt tep or beginning faileth, et quod non habet principium, non habet finem. If the bihop refue or neglect to examine and admit the patron's clerk, without good reaon aigned or notice given, he is tiled a diturber by the law, and hall not have any title to preent by lape; for no man hall take advantage of his own wrong. Alo if the right of preentation be litigious or conteted, and an action be brought againt the bihop to try the title, no lape hall incur till the quetion of right be decided.

IV. imony, the right of preentation to a living is forfeited, and veted pro hac vice in the crown. Simony is the corrupt preentation of any one to an eccleiatical benefice for money, gift, or reward. It is o called from the reemblance it is aid to bear to the in of Simon Magus, though the purchaing of holy orders eems to approach nearer to his offence. It was by the canon law a very grievous crime: and is o much the more odious, becaue, as ir Edward Coke oberves, it is ever accompanied with perjury: for the preentee is worn to have committed no imony. However it is not an offence punihable in a cri- Rh