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THE

Ecclesiastical Law.

BY

RICHARD BURN, LL.D.

CHANCELLOR OF THE DIOCESE OF CARLISLE,
AND VICAR OF ORTON, IN THE COUNTY OF WESTMORELAND;
AUTHOR OF THE OFFICE AND DUTY OF A JUSTICE OF THE PEACe."

The Ninth Edition,
CORRECTED; WITH CONSIDERABLE ADDITIONS,
INCLUDING THE STATUTES AND CASES TO THE PRESENT TIME;

BY

ROBERT PHILLIMORE,
ADVOCATE IN DOCTORS' COMMONS, BARRISTER OF THE MIDDLE TEMPLE, OFFICIAL

TO THE ARCHDEACONRIES OF LONDON AND MIDDLESEX, AND

LATE STUDENT OF CHRIST CHURCH, OXFORD.

(" Omnes legibus regantur etiam si ad divinam domum pertineant."-Cop. I. i. tit. xiv. s. 10.

“ Certain it is, that this kingdom hath been best governed, and peace and quiet preserved, when both
parties, that is, when the justices of the temporal courts and the ecclesiastical judges, have kept them-
selves within their proper jurisdiction, without encroaching or usurping upon one another."-LORD
COKE, 3 Inst. 321.)

IN FOUR VOLUMES.

VOL. I.

LONDON:
S. SWEET; V. & R. STEVENS & G. S. NORTON;

Law Booksellers and Publishers :
ANDREW MILLIKEN, GRAFTON STREET, DUBLIN,

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TO

THE DEAN, CANONS AND STUDENTS

OF

CHRISTCHURCH,

This Edition

OP

DR. BURN'S ECCLESIASTICAL LAW

IS,

WITH RESPECTFUL GRATITUDE,

INSCRIBED BY

THE EDITOR.

PREFACE OF THE EDITOR.

WHERE bp dibers sundry old authentick Histories and Chronicles, it is manifestly declared and expressed, that this Realm of ENGLAND, is an Empire, and so hath been accepted in the world, governed by one supreme head and Ring, having the dignity and royal estate of the imperial crown of the same; unto whom a body politick, compact of all sorts and degrees of people, divided in terms, and by names of Spiritualty and Temporalty, been bounden and owen to bear, nert to God, a natural and humble obedience ; he being also institute and furnished, by the goodness and sufferance of Almighty God, with plenary, whole, and entire power, pre-eminence, authority, prerogative and jurisdiction, to render and yield justice, and final determination to all manner of folk, resiants, or subjects within this his realm, in all causes, matters, debates and contentions, happening to occur, insurge, or begin within the limits thereof, without restraint, or probocation to any foreign princes or potentates of the world; the body spiritual whereof having power, when any cause of the Law Divine happened to come in question, or of spiritual learning, then it was declared, interpreted, and shewed by that part of the said body politick, called the Spiritualty, now being usually called the English Church, which always hath been reputed, and also found of that sort, that both for knowledge, integrity and sufficiency of number, it hath been always thought, and is also at this hour, sufficient and meet of itself, without the intermeddling of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties, as to their rooms Spiritual doth appertain; for the due administration whereof, and to keep them from corruption and sinister affection, the Ring's most noble progeni: tors, and the antecessors of the nobles of this realm, have

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