erring the holy orders
of deacon and priest, according to the liturgy and canons[x], is
foreign to the purpose of these commentaries; any farther than as they
are necessary requisites to make a complete parson or vicar. By common
law a deacon, of any age, might be instituted and inducted to a
parsonage or vicarage: but it was ordained by statute 13 Eliz. c. 12.
that no person under twenty three years of age, and in deacon's
orders, should be presented to any benefice with cure; and if he were
not ordained priest within one year after his induction, he should be
_ipso facto_ deprived: and now, by statute 13 & 14 Car. II. c. 4. no
person is capable to be admitted to any benefice, unless he hath been
first ordained a priest; 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
money or corrupt practices (which seems to be the true, though not the
common notion of simony) the person giving such orders forfeits[y]
40_l._ and the person receiving 10_l._ and is incapable of any
ecclesiastical preferment for seven years afterwards.

[Footnote x: See 2 Burn. eccl. law. 103.]

[Footnote y: Stat. 31 Eliz. c. 6.]

ANY clerk may be presented[z] to a parsonage or vicarage; that is, the
patron, to whom the advowson of the church belongs, may offer his
clerk to the bishop of the diocese to be instituted. Of advowsons, or
the right of presentation, being a species of private property, we
shall find a more convenient place to treat in the second part of
these commentaries. But when a clerk is presented, the bishop may
refuse him upon many accounts. As, 1. If the patron is excommunicated,
and remains in contempt forty days[a]. Or, 2. If the clerk be
unfit[b]: which unfitness is of several kinds. First, with regard to
his person; as if he be a bastard, an outlaw, an excommunicate, an
alien, under age, or the like[c]. Next, with regard to his faith or
morals; as for any particular heresy, or vice that is _malum in se_:
but if the bishop alleges only in generals, as that he is
_schismaticus inveteratus_, or objects a fault that is _malum
prohibitum_ merely, as haunting taverns, playing at unlawful games, or
the like; it is not good cause of refusal[d]. Or, lastly, the clerk
may be unfit to discharge the pastoral office for want of learning. In
any of which cases the bishop may refuse the clerk. In case the
refusal is for heresy, schism, inability of learning, or other matter