PRACTICE IN ECCLESIASTICAL COURTS. CHAP. VII. hath, at the petition of the proctor of the said C. D., alleging that J. T., S. L., and J. S., were and are necessary witnesses to prove the contents of a certain allegation and exhibits given in and admitted in the said cause on the part and behalf of the said C. D., bearing date the fourth session of term, to wit, the session of the day of next, at the usual and accustomed hours of hearing causes and doing justice there, then and there to take the oath usually taken by witnesses, and to testify the truth of what they respectively know in this behalf; and further to do and receive as unto law and justice shall appertain, under pain of the law and contempt thereof. And what ye shall do or cause to be done in the premises, ye shall duly certify our Master, Keeper, or Commissary aforesaid, his surrogate, or some other competent judge in this behalf, together with these presents. Dated at London the ▬▬ day of ——, in the year of our Lord one thousand eight hundred and Form of certificate of service written on the back of the compulsory. This Compulsory was J. T., at his residence in duly executed on the within-named and J. S., at his residence in , S. L., at his residence in —, by showing them the origi nal compulsory under seal, and by leaving with them respec Q. CHAP. VII. PRACTICE IN ECCLESIASTICAL COURTS. To His Most Excellent Majesty and our Sovereign Lord William the Fourth, by the Grace of God of the United Kingdom of Great Britain and Ireland King, Defender of the Significavit. Faith. William, by Divine Providence, Archbishop of Canterbury, Primate of all England and Metropolitan. Health in Him by whom Kings and Princes rule and govern. We hereby notify and signify unto your Majesty, That one J. T., of --, in the county of, hath been duly pronounced guilty of manifest contumacy and contempt of the law and jurisdiction ecclesiastical, in not (appearing before -) [or "in not obeying the lawful commands of -"] [or "in having committed a contempt in the face of the Court of ——, lawfully authorized by --,"] on a day and hour now long past, in a certain cause of proving in solemn form of law, by good and sufficient witnesses, the last will and testament of A. B., late of L. We therefore humbly implore and entreat your said Most Excellent Majesty would vouchsafe to command the body of the said J. T. to be taken and imprisoned for such contumacy and contempt. Given under the seal of our Court the of day William, &c. To the Sheriff of, greeting. The -hath signified to us that J. T. of —-, in your county of is manifestly contumacious and contemns the jurisdiction and authority of, nor will he submit to the Ecclesiastical jurisdiction: but forasmuch as the Royal power ought not to be wanting to enforce such jurisdiction, We command you that you attach the said J. T. by his body, until he shall have made satisfaction for the said contempt; and how you shall execute this our precept notify unto this; and have you there this writ. minster, the day of in the S. and in nowise omit Witness ourself at West year of our reign. Writ contumace capiendo. Whereas J. T., of — verance. in your county of, whom Writ of delilately at the denouncing of ➖➖ for contumacy, and by writ issued thereupon you attached by his body, until he should VOL. IV. PRACTICE IN ECCLESIASTICAL CHAP. VII. have made satisfaction for the contempt. Now he having submitted himself, and satisfied the said contempt, we hereby empower and command you, that without delay you cause the said J. T. to be delivered out of the prison in which he is so detained, if upon that occasion and no other he shall be detained therein. Given under the seal of our of this day of, in the year of our Lord one thousand eight hundred and thirty-five. When publication of the evidence taken in the cause is decreed, both proctors alleging they give in further pleas, copies of the original depositions are furnished to the proctors in the cause by the examiner, and the originals deposited by him in Hearing adju- the registry, and a time appointed for the hearing and final adjudication of the suit. dication. Written sentence, Signed by judge. It sometimes occurs that a party is desirous of having the sentence of the judge in writing, and signed by him, in which case the practitioners prepare the same from established forms, and this is signed by the judge immediately after he has decided the cause. See form (T.) infra. Should this, however, be dispensed with, the decree of the judge is entered by the register in the assignation book. Presuming a person contesting a will fail in his opposition, and be condemned in the costs (f) incurred by the party propoundTaxing Costs. ing or establishing the same, the Register of the Court taxes such costs, and on his reporting the amount thereof, the judge directs a monition to issue, calling upon the party condemned to pay the same, either to the party establishing such will, to his proctor. See form (U.) post, 228. Monition. or T. In the name of God, Amen. We, Herbert Jenner, Knight, Doctor of Laws, Master, Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, rightly and duly proceeding, having heard, seen and understood, and fully and maturely discussed the merits and circumstances of a (f) Ante, Part IV. 485, as to costs. CHAP. VII. COURTS. certain cause or business, of proving by witnesses in solemn form of law, the true and original last will and testament of ECCLESIASTICAL A. B., late of ——, in the county of Devon, deceased, bearing date the day of, in the year, which is now controverted, and remains undetermined before us in judgment, between C. D., the sole executor named therein, the party promoting the said cause or business, on the one part, and E. F., the natural and lawful brother, and one of the next of kin of the said deceased, the party against whom the said cause or business is promoted, on the other part; and the parties aforesaid, lawfully appearing before us in judgment, by their proctors respectively, and the proctor of the said C. D., praying sentence to be given for and justice to be done to his party, and the proctor of the said E. F. praying justice to be done to his party; and we having first carefully and diligently searched into, and well weighed and considered the whole proceedings had and done in this cause, and having observed all and singular the matters and things which by law in this behalf ought to be observed, have thought fit, and do thus think fit, to proceed to the giving our definitive sentence or final decree in this cause, in manner and form following, to wit: Forasmuch as we have by the aets enacted, deduced, alleged, exhibited, propounded and proved in this cause, found and clearly discovered that the proctor of the said C. D. hath sufficiently and fully founded and proved his intention, deduced in certain allegations, last will and testament of the said deceased, and other pleadings and exhibits given in and exhibited in this cause on her behalf, and now remaining in the registry of this Court, which said allegations, last will, and other matters propounded, exhibited and admitted in this cause, we take, and will have taken as if here read and inserted, for us to pronounce as hereinafter is pronounced; and that nothing at least effectual in law hath on the part and behalf of the said E. F. been excepted, deduced, alleged, exhibited, propounded or proved in this cause, which can or ought in anywise defeat, prejudice or weaken the intention of the said C. D. Therefore we, Herbert Jenner, Knight, Doctor of Laws, the Judge aforesaid, having first called upon the name of God, and set him alone before our eyes, and having heard counsel learned in the law thereupon, do pronounce, decree, and declare, that the said A. B., the testator in this cause, deceased, whilst living and of sound and disposing mind, memory and understanding, rightly and duly made and executed his last will and testament in writing, exhibited and pleaded in this cause, bear PRACTICE IN ECCLESIASTICAL COURTS. CHAP VII. date the day of, 18-; and in and of his said wil constituted and appointed the said C. D. sole executor, and did give, will, bequeath, devise, dispose, and do in all things as therein is contained. And we do pronounce, decree, and declare for the force and validity of the said true and original last will and testament of the said deceased, bearing date the day of, to all intents and purposes in law whatsoever, by this our definitive sentence or final decree, which we here read and promulge by these presents. Monition. U. William, by Divine Providence, Archbishop of Canterbury, Primate of all England and Metropolitan. To all and singula clerks and literate persons whomsoever and wheresoever in and throughout our whole province of Canterbury, greeting. Whereas the Right Honourable Sir Herbert Jenner, Knight, Doctor of Laws, Master, Keeper or Commissary of our Prerogative Court of Canterbury, lawfully constituted, rightly and duly proceeding in a certain cause or business of proving in solemn form of law the last will and testament of George Knight, late of Reading, in the county of Berks, deceased, promoted by John Stamp, the sole executor named in the said will, against John Martin, the natural and lawful brother and only next of kin of the said deceased, which was lately depending in judgment before him, and in which cause or business a pretended codicil to the said will was propounded on behalf of the said John Martin, did, at the petition of the proctor of the said John Stamp, condemn the said John Martin in the costs of the said John Stamp. And whereas on the day of the date hereof, the proctor of the said John Stamp corrected a bill of costs on behalf of his said party, which our said master, keeper, or commissary, rightly and duly proceeding thereupon, moderated at the sum of pounds and shillings of lawful money of Great Britain and Ireland, current in Great Britain, to be paid to the said John Stamp or his proctor, besides the expenses of his monition, and decreed the said John Martin to be cited and admonished to pay or cause to be paid the said sum of pounds and shillings, the amount of the said costs, to the said John Stamp or his proctor in manner and form hereinafter mentioned, (justice so requiring). We do therefore hereby authorize and empower, and strictly enjoin and command you, jointly and severally, that you monish or cause to be monished peremptorily the said John Martin (whom we do so monish by the tenor of these presents) to pay or cause to be |