PRACTICE IN ECCLESIASTICAL COURTS. in CHAP. VII. to cite the said W. F. to appear personally before him or his lawful surrogate, or other competent judge in this behalf, to answer to the said L. F. in his aforesaid cause or suit of divorce by reason of adultery, and to hear and determine the said cause according to law. In witness whereof I have hereunto set my hand and seal, this day of, in the year of our Lord We rightly and duly proceeding at the petition of the proctor of the said L. F. of the parish of -, in the county of in the diocese of London, and province of Canterbury, have decreed W. F. the lawful husband of the said L. F. of · the parish of, in the county of, and diocese of and province of Canterbury, to appear in judgment on the day at the time and place and to the effect hereinafter mentioned, (justice so requiring). We do therefore hereby authorize, empower, and strictly enjoin and command you peremptorily to cite or cause to be cited the said W. F. of the parish, county, diocese, and province aforesaid, to appear before us, our surrogate, or some other competent judge in this behalf, in the Common Hall of Doctors' Commons, situate in the parish of St. Benedict, near Paul's Wharf, London, and place of judicature there, on the sixth day after service of these presents, if it be a general session, by-day, Court day, or additional Court day, otherwise on the general session, by-day, Court day, or additional Court day then next following, at the hour of ten in the forenoon, and there to abide if occasion require during the sitting of the said Court there, then and there to answer to the said L. F. in a cause of divorce from bed, board, and mutual cohabitation, by reason of adultery by him committed, and further to do and receive as unto law and justice shall appertain in the premises, under pain of the law and contempt thereof, at the promotion of the said L. F. and what you shall do or cause to be done in the premises, you shall duly certify us, or our surrogate, or some other competent judge in this behalf, together with these presents. Dated at London, this day of, &c. Register. This decree was duly executed by showing the same under seal to the within named W. F. at lodgings, at————, in -, and by leaving with day of, one thousand By me, J. T. G. CHAP. VII. ECCLESIASTICAL cree by letters Court of Can cause of nullity of incest, par Herbert Jenner, Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury, lawfully constituted. To all and singular clerks and literate persons whomsoever and wheresoever, in and throughout the whole province of Canter- Form of debury, greeting. Whereas we have lately received letters of of request in request from the Worshipful Doctor of Laws, Commissary the Arches General of the Most Reverend Father in God, by Divine Pro- terbury, in a vidence, Archbishop of Canterbury, Primate of all England of marriage, (1) and Metropolitan, in and throughout the whole city and dio- on the ground cese of Canterbury, lawfully constituted, of the tenor following, ties being uncle to wit: "Whereas it hath been represented unto us, the and niece. Worshipful Doctor of Laws, Commissary General of the Most Reverend Father in God, by Divine Providence, Archbishop of Canterbury, Primate of all England and Metropolitan, in and throughout the whole city and diocese of Canterbury, lawfully constituted, that A. B., the surviving churchwarden of the parish of, in the county of, and diocese and province of Canterbury, doth, by the aid of the office of the judge, intend to cause a decree or citation to issue under seal of the proper Court against C. D., and E. F. otherwise G. F., falsely calling herself G. D., wife of the said C. D. respectively, of the parish of tain articles, heads, positions, or interrogatories to be objected and administered to them, touching and concerning the health of their souls, and lawful correction and reformation of their manners and excesses, and more especially for their having been guilty of the foul crime of incest, at the voluntary promotion of the said A. B., and for that purpose hath requested us to grant to him letters of request that he may apply for the decree or citation in that behalf in the Arches Court of Canterbury. And whereas it has been alleged, that the commencing and prosecuting the said cause in the said Arches Court of Canterbury will be of advantage to all the parties therein, not only from the better assistance they can there have of advocates and proctors, than in the Diocesan Court of Canterbury as otherwise, these are therefore, at the special desire of the said A. B. to request, and we do hereby request the Right Honourable Sir H. J., Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury, or his surrogate, in this behalf, to permit a decree or citation to issue under the -- in the county of to answer to cer (1) Jurisdiction of Ecclesiastical Courts in causes of nullity of marriage, ante, Part IV. 459, 488. PRACTICE IN ECCLESIASTICAL COURTS. CHAP. VII. seal of the said Court, against the said C. D. and E. F., otherwise G. F., falsely calling herself G. D., wife of the said C. D., to appear at a certain competent time and place to be therein specified, and then and there to answer to certain articles, heads, positions, or interrogatories, to be objected and administered to them, touching and concerning the health of their souls, and the lawful correction and reformation of their manners and excesses, and more especially for their having been guilty of the foul crime of incest, at the voluntary promotion of the said A. B., and to hear and finally determine the said cause according to law. In witness whereof we have hereunto set our hand and seal, this ninth day of December, in the year of our Lord one thousand eight hundred and thirty-three." And whereas at the petition of the proctor of the said A. B., and in aid of justice, we have accepted of the said letters of request and decreed to proceed according to the tenor thereof, and in pursuance thereof have decreed the said C. D. and E. F., otherwise G. F., falsely calling herself G. D., to be cited and called into judgment, on the day at the time and place, to the effect and in manner and form hereunder written, (justice so requiring,) we do therefore hereby authorize and empower and strictly enjoin and command you, jointly and severally, peremptorily to cite, or cause to be cited, the said C. D. and E. F., otherwise G. F., falsely calling herself G. D., wife of the said C. D., to appear before us, our surrogate, or some other competent judge in this behalf, in the Common Hall of Doctors' Commons, situate in the parish of Saint Benedict, near Paul's Wharf, London, and place of judicature there, on the sixth day after they shall have been respectively served with these presents, if it be a general session, by-day, or additional court day of the said Arches Court of Canterbury, otherwise on the general session, by-day, or additional court day of the said Court then next following, at the hour of ten in the forenoon, and there to abide, if occasion require, during the sitting of the Court, then and there to answer to certain articles, heads, positions, or interrogatories, to be objected and administered to them by virtue of our office, touching their soul's health, and the lawful correction and reformation of their manners and excesses, and more especially for their having been guilty of the foul crime of incest; and further to do and receive as unto law and justice shall appertain, under pain of the law and contempt thereof, at the promotion of the said A. B. And what you shall do, or cause to be done in the premises, you shall duly certify us, our surrogate, or some other competent judge in this behalf, together with these presents. Dated at Lon- CHAP. VII. don, the day of in the " year of our Lord — Register. [Seal.] PRACTICE IN ECCLESIASTICAL COURTS. [The form of certificate and affidavit of service is similar in substance and to the effect mentioned in other decrees.] -- H. quest from the blished church Herbert Jenner, Knight, Doctor of Laws, Official Principal Form of decree of the Arches Court of Canterbury, lawfully constituted, to all by letters of reand singular clerks and literate persons whomsoever and where- Arches Court of Canterbury, soever in and throughout our whole province of Canterbury, against a minis greeting. Whereas we have lately received letters of request ter of the esta from the Worshipful Master of Arts, Commissary for incontiof the Honourable and Right Reverend Father in God, by nence, &c. (y) divine permission, Lord Bishop of, in and throughout the whole archdeaconry of in the diocese of lawfully constituted, of the tenor following: "Whereas Y. Z. is desirous voluntarily to promote the office of the judge against L. M. in the county of, and archdeaconry and commissaryship of -, touching and concerning his soul's health and the lawful correction and reformation of his manners and excesses, but more especially for the crime of fornication or incontinence, for profane cursing and swearing, indecent conversation, drunkenness and immorality, and for neglect of divine service on divers Sundays: And whereas application has been made to us Master of Arts, Commissary of the Honourable and Right Reverend Father in God, by divine permission, Lord Bishop of, in and throughout the whole archdeaconry of, in the diocese of, lawfully constituted, to grant letters of request to you, in order that the said proceedings may be promoted and prosecuted in the Arches Court of Canterbury: And whereas matters of difficulty may arise wherein the parties may require the aid and advice of civilians or counsel learned in the law practising in the Arches Court: Now we the said Master of Arts, the commissary aforesaid, do hereby request you the Right Honourable Sir Herbert Jenner, Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury lawfully constituted, your surrogate, or some other competent judge in this behalf, by virtue of your office, to cite the said L. M. of the , (y) See as to jurisdiction of Court in matters of this kind, ante, Part IV. 477, 478. PRACTICE IN ECCLESIASTICAL COURTS. CHAP. VII. parish of, aforesaid, that he appear before you, your surrogate, or some other competent judge in this behalf, to answer to certain articles or interrogatories to be exhibited against and administered to him touching and concerning his soul's health and the lawful correction and reformation of his manners and excesses, but more especially for the crime of fornication or incontinence, for profane cursing and swearing, indecent conversation, drunkenness and immorality, for his lewd and profligate life and conversation, and for neglect of divine service on divers Sundays, and to hear and determine the said cause or business as unto law and justice shall appertain, at the voluntary promotion of the said Y. Z." And whereas the said A Master of Arts, Commissary aforesaid, hath thereby requested us to take cognizance of the said cause and to decree a citation to issue under seal of the Arches Court of Canterbury to the effect hereinafter mentioned: And whereas the Worshipful Doctor of Laws, our surrogate lawfully appointed, hath at the petition of the proctor of the said Y. Z. and in the aid of justice accepted the said letters of request and decreed to proceed according to the tenor thereof, and in pursuance thereof hath decreed the said Reverend L. M. aforesaid, by virtue of our office, to be cited and called to appear in judgment, on the day, at the time and place, and to the effect, and in manner and form hereinafter mentioned (justice so requiring). We do therefore hereby authorize, empower, and strictly enjoin and command you jointly and severally peremptorily to cite or cause to be cited the said Reverend L. M. of the parish of, in the county of, and archdeaconry and commissaryship of, in the diocese of, and province of Canterbury, to appear before us, our surrogate, or some other competent judge in this behalf, in the Common Hall of Doctors' Commons, situate in the parish of St. Benedict, near Paul's Wharf, London, and place of judicature there, on the sixth day after service of these presents, if it be a general session, by-day, caveat day, or additional Court day, otherwise on the general session, by-day, caveat day, or additional Court day then next following, at the hour of ten o'clock in the forenoon, and there to abide if occasion require during the sitting of the said Court there, then and there to answer to certain articles or interrogatories to be exhibited against and administered to him touching and concerning his soul's health and the lawful correction and reformation of his manners and excesses, but more especially for the crime of fornication or incontinence, for profane cursing and swearing, indecent con |