Thus * Lyndewode (by Way of Commentary) fays, That the Ordinary, before he admits of a Prefentation, ought in every Particular of Vacancy to inform himself by a diligent Enquiry. By which Means all Difputes, and the many Inconveniences that attend hafty Admiffions, are avoided. And this is the Method directed and requir'd by the Forms of Proceeding in fuch Cafes.

And

Epifcopi fuper Vacatione dictæ Ecclefiæ, & aliis Articulis, juxta morem, facta pro te faciat. Regist. Winchelf. 292.

*Debet Inftituens, ante Admiffionem Prafentati, de omnibus & fingulis talibus fe diligenter informare,

12119 4 Willielmus, Permiffione divină Cantuarienfis Archiepifcopus, &c. Dilectis filiis Magiftris Jobanni de Wynefton, &c. Salutem, Gratiam, & Benedictionem. Præfentarunt Nobis dilecti filii, Frater Willielmus, &c. dile&tum fibi in Chrifto Richardum Gofelyn, &c. ad Ecclefiam Parochialem de Skippenden, vacantem, & ad eorum ut dicunt) Præfentationem fpectantem. Quocirca, Vobis, de quorum Circumffectione & Induftriâ plenam in Domino fiduciam obtinemus, ad inquirendum

And Proof of a Patron's Right ought more especially to be made, where fuch Right is objected against, and 'till these two Points, of the Vacancy and Patronage, are pleaded and prov'd, there is no Pretence to alk any Thing,

*

It would have been a different Cafe, if this Matter had been promoted by the Court, againft Dr. Welton; for (there) the Proceedings against him, would have been in Virtue of the Authority of the Judge's Office, who becomes as an L 4 Agent

conjunctim vel divifim, feu inquiri faciendum & demandandum, noftrâ Authoritate, (Sede Norwicenfe jam vacante) de Vacatione dicta Ecclefiæ de Shippenden, & Qualiter, & à quo tempore incepit vacare, (vocatis in bac Parte de jure vocandis) Quis, vel Qui, fiť, vel fint, dicta Ecclefiæ verus Patronus, feu veri Parroni, & ultimò præfentârit, feu præfentârunt ad eandem; an fit Penfionar vel Portionar'; & fi fit, cui vel quibus, & in quantum •quantæque æftimationis exiftat; de vitâ etiam, moribus, & converfatione dicti Præfentati, & an fit alibi Beneficiatus, nec non fuper omnibus & fingulis Articulis in hac Parte debitis & confuetis, &c. Witlefy Registr. fol.

.

Agent in fuch Cafe; and there is no objecting to his Title of convening and proceeding, which he does in | Virtue of his Jurifdiction, without Regard had to the Intereft of any other Party, and for the † Soul's Health only: But where there are two Parties litigant, in a controverted Point between them, (* the Plaintiff and the Defendant) and where the Defendant (or Pars rea) does object against the Intereft and Title of the Plaintiff, (or Pars agens) fuch Intereft must be first · prov'd; which is, in this Cafe, a judicial Vacancy before the Prefentation is to commence ; and Right of Patronage decided, before Inftitution can be regularly pray'd.

It is therefore fomewhat extraordinary, where there is an Oppofi tion made, for a Perfon to afk Institution and Induction, under a Prefentation to a Living alledg'd to be

full.

Virtute Officii,

In Animæ falutem.

In Foro contradictorio.

Pars agens, & Pars real 1

full; to a Living not prov'd to be vacant before fuch Prefentation! to a Living, to which the Perfons mention'd in fuch Presentation, had no Manner of Right to prefent! And all this objected and infifted upon by the Perfon in Poffeffion! Dr. Shippen fhould first prove his Right, under that Prefentation, by the Avoidance, and by the Jus Patronatus; and if he can do thefe, (and it is objected he can do neither) then it will be proper Time for him to pray Inftitution.

That the Premises are true,where- Art. 115 of there is a publick Fame; whereupon the Party prays to be difmifs'd,

&.c.

This is an Article of Form, and admiffible of Courfe.

This Plea, on Behalf of Dr. Welton, was given in, firft, by Way of Allegation, and then additional Articles. And the tenth Article of the Allegation fhews the Occafion

given

Il Plena & confulta.

given of adding additional Articles to that Allegation: For the Judge having interpos'd an Order, on the fourth Seffion of Eafter Term, (at. which Time Dr. Welton's Allegation was given in) That the Prefentation mention'á on Behalf of Dr. Shippen, fhould be brought into the Registry; (as is pray'd in the tenth Article of Dr. Welton's Allegation) which, after fome Objections to fuch Presentation in general, has it thus: "As will appear by the faid "pretended Prefentation, (when "produc'd ;) and the Party propo"nent has Liberty to object to the

fame, which he prays may be ex"bibited, according to the Order of "this Court." And this Order of Court not being' comply'd with by the other Side, 'till a Day or two before the second Seffion of Trinity Term, upon that Seffion, therefore, additional Articles, relating to the Prefentation, were given in on Behalf of Dr. Welton.

This is mention'd, to fhew the Reafon of being oblig'd to propound the Fact on Behalf of Dr. Welton,

'in