Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/295

 Ch. 18. minal way at the common law ; it being thought ufficient to leave the clerk to eccleiatical cenures. But as thee did not affect the imoniacal patron, nor were efficacious enough to repel the notorious practice of the thing, divers acts of parliament have been made to retrain it by means of civil forfeitures; which the modern prevailing uage, with regard to piritual preferments, calls aloud to be put in execution. I hall briefly conider them in this place, becaue they divet the corrupt patron of the right of preentation, and vet a new right in the crown.

the tatute 31 Eliz. c. 6. it is for avoiding of imony enacted, that if any patron for any corrupt conideration, by gift or promie, directly or indirectly, hall preent or collate any peron to an eccleiatical benefice or dignity; uch preentation hall be void, and the preentee be rendered incapable of ever enjoying the ame benefice: and the crown hall preent to it for that turn only. Alo by the tatute 12 Ann. t. 2. c. 12. if any peron for money or profit hall procure, in his own name or the name of any other, the next preentation to any living eccleiatical, and hall be preented thereupon, this is declared to be a imoniacal contract; and the party is ubjected to all the eccleiatical penalties of imony, is diabled from holding the benefice, and the preentation devolves to the crown.

thee tatutes many quetions have arien, with regard to what is, and what is not imony. And, among others, thee points eem to be clearly ettled: 1. That to purchae a preentation, the living being actually vacant, is open and notorious imony ; this being exprely in the face of the tatute. 2. That for a clerk to bargain for the next preentation, the incumbent being ick and about to die, was imony, even before the tatute of queen Anne : and now, by that tatute, to purchae, either in his own name or another's, the next preentation, and be Rh