gives it an Impulse, and Force, by his Declaratory Sentence: So that no Man can forfeit, or have any Punishment inflicted on him, under a Law, until he be judicially adjudg'd, and pronounc'd GUILTY of the Breach of fuch Law.

And in a Cafe, where a Perfon is to be affected as an Ecclefiaftick,we recur to the Learning of the Canon Law for a Decifion; and where the Point of Right, of Property, and Poffeffion

Said of the Common Law is at

in Difpute, the Strength, and

Hand to affist; and fometimes, upon Occafion, in both Cafes, we must have, alfo, Recourfe to the Statute Laws.

The Canon Law, which is twofold, partly Foreign and partly Domestick, contains di

vers

verfe eminent Privileges and Provifions for Security of the Ecclefiastical Polity, and for the preferving, and establishing of the Rights, and Immunities of the Church and Clergy.

The Branch of this Ecclefiaftical Legislature, which is call'd Foreign, confifts of the ancient Canons, Councils, Decretals, c. which we commonly call the Body of the Canon Law; and this is hitherto held, and efteem'd as containing authentick Fundamentals of our Ecclefiastical-Fudicial-ŒEconomy, in whatsoever is not contrariant,or repugnant to the Laws, Statutes, Customs,and Prerogative Royal.

The Domestick Ecclefiaftical Laws, are the Constitutions Provincial,publish'd by divers ArchBishops

Bishops of the Province of Can-
terbury, from Stephen Langton
to Henry Chichley; as alfo the
Conftitutions publifh'd by Otho
and Othobon, and thefe digefted
under Heads, methodically, and
after the Manner of the Decre-
tals, and learnedly illuftrated
by the valuable Commentary
of Lyndemode, our celebrated
English Canonift,
are in like

Manner a Part of the Laws Ec-
clefiastical; and our modern
Canons make up a farther Part 1603
of the Rules of our Ecclefiafti-
cal Fudicature. And, in every
Man's Cafe, all just Advantages
are to be taken, and made Ufe
of, as the Civil, Canon, Common,
or Statute Laws, or either of
them, adminifter opportunely
Relevant to the Point litigated.

Hereupon,

Hereupon, it will be confider'd, in the following Dif courfe, under what Law, or Laws this Bufinefs is properly cognizable; and from thence to draw fuch Matter as may be to the Purpofe, which must be fupply'd from the Fountains of the Civil, the Canon, or Ecclefiastical, Statute, and Common Laws, they all concurring in their feveral Capacities, to affift in the prefent Affair.

It will be therefore Time to present you with the CASE it felf, interfpers'd with various Obfervations occurring throughout the whole Series of it; whereby the Matter of Fact is fet in a clear Light, and, occafionally, Right of Patronage, Prefentation, Institution, and In

duction,

duction, Title of Freehold, Ple narty, Refignation, Deprivation, Conviction, Voidance, Lapfe, Super-Institution, Prohibition, Errors and Nullities, Sacrilege, Spiritual Adultery, Intrufion, and Ufurpation, and other Circumftances are accounted for, and explain'd.

Si quid novifti rectius iftis, Candidus imperti, fi non, bis utere

THE