Date of fuch pretended Prefentation, be faid to be void.

Now we come to fpeak of the Article third Article of the Allegation, the Purport of which, abftracted, is, That Dr. Welton hath read the Thirty Nine Articles, and declar'd his Affent and Confent thereto, and to the Book of Common Prayer, (as by Law requir'd) and has perform'd all other Things, to qualify him to be compleat Parfon, Incumbent, and Rector of White-Chapel.

Whereas the Particulars, deduc'd in this Article, are requir'd to be done and perform'd by Minifters, is it not therefore material they fhould be fet forth, and alleg'd'; whereby to fhew, that there is no Omiffion of any Thing requifite to be done, to qualify and eftablish the Doctor in his Living? And if it be granted, that Dr. Welton became once compleat Parfon, it is incumbent, on the other Side, to prove how, and when he was canonically depriv'd, by reason of any previous Omiffion, or how the Living be

comes

Roufe faffus eft.

comes otherwise void, by any Ac of his, as Refignation, (even which must be approv'd of by the Bishop) or, else, how and when the Living, by regular Steps and Proceedings under the Epifcopal Jurifdiction,and Sentence of an Ecclefiaftical Authority, has been judicially and canonically pronounc'd void, on Accompt of any Crime by him fince committed: So that 'till one of these are regularly had, and done, (canonically and in a judicial Manner) he continues, and is, a compleat In cumbent and Rector, both as to Cure of Souls, and as to the Temporalties of his Parish.

It is feafonable here to obferve, that most Part of the precedent Allegation, given in on Dr. Welton's Behalf, and hitherto fpoke of, has been confefs'd to be true, as appears by an Act of Court, on the third Seffion of Trinity Term, wherein it is own'd, by the Proctor on the other Side, in this express Manner:

That Dr. Richard Welton was "(about the Time mention'd in the Allegation, given in by Mr Oughton,

Oughton, and now pray'd to be "admitted) duly prefented, inftitu"ted, and inducted to the Rectory "of St. Mary Matfellon, aliàs "White-Chapel; (as in the faid Al"legation is fet forth) and after "fuch his Prefentation, Inftitution, "and Induction, he did and per"form'd all Things requifite by "the Laws of the Land, to make "him full and compleat Rector and "Incumbent of the faid Rectory."

This Refponfe and Confeffion relates only to Part of the Substance of the first, second, and third aforemention'd Articles of the Allegation, on Behalf of Dr. Welton; which three firft Articles are laid only as an Initiatory and Introductive to Facts alleg'd in the fubfequent Articles: Which fubfequent Articles of that Allegation, are equally rele vant to the present Cafe and Purpofe, and equally admiffible with the former; for that they appear to be even a natural Inference from, and Confequence of, thofe very preceding Articles; (as has been already accounted for, and will be prefent

ly

ly farther demonftrated) and therefore ought equally to be answer'd to by the other Side, and prov'd, if deny'd.

But let us confider what Part of these three firft Articles is omitted and evaded, in the foregoing An-, fwer of the Proctor, which Anfwer ought to be categorical, and full, as to every Particular of each Article; and fuch full Anfwer, to each Particular, is always infifted upon, and ought to be given by the adverse Party on Oath, or by his Proctor, and must be a pofitive Confeffion or Credit Denial. And, in Cafe the Client vel faffus cannot be reliev'd by fuch Answer eft, vel and Confeffion of the adverfe Party, dit. or his Proctor, (which he is intitled

non cre

to have, as has been faid, to every Particular, and which he is then at Liberty to make Use of, or not, ac, cording as it fhall ferve his Purpose:) If he cannot (as has been faid) have Relief from the Anfwer of the ade verfe Party, or Proctor, by Reafon of their denying any particular Fact laid, then he must have a Term probatory affign'd him, and prove

the

the Facts he has fo alledg'd, (and which in fuch Answers are deny❜d) by the Teftimony of Witneffes,, or by the Evidence of Instruments, in a regular Manner of Proceedings, according to the common Practice and Style of the Ecclefiaftical Courts.

Let us look back, then, into these three Articles, and fee what Particulars, therein deduc'd, are not anfwer'd by the Proctor's Faffus eft, or Confeffion.

Why, truly, the most material Part is neither confefs'd nor deny'd, but induftriously evaded: For Example, it is laid in the firft Article, that Dr. Welton was prefented by Mr. Nicholas, the then and prefent true and undoubted Patron. In the fecond, That the Doctor was put into real and corporal Poffeffion. In the third, That he hath done and perform'd all Matters and Things whatfoever, which by Law he ought to do, to qualify and enable him to be compleat Parfon, Incumbent, and Rector. The fecond is own'd indeed, by allowing he receiv'd Indution but Part of the third is eva;

E

fively