by processes and other proceedings against him: and upon contumacy, for not appearing, shall first suspend him; and afterward, his contumacy continuing, excommunicate him. But if he appear, and submit himself to the course of law, then the matter being ready for sentence, and the merits of his offence exacting by law either deprivation from his living, or deposition from the ministry, no such sentence shall be pronounced by any person whosoever, but only by the bishop, with the assistance of his chancellor, the dean (if they may conveniently be had), and some of the prebendaries, if the court be kept near the cathedral church, or of the archdeacon, if he may be had conveniently, and two other at the least grave ministers and preachers, to be called by the bishop, when the court is kept in other places.

CXXIII. No Act to be sped but in open Court.

No chancellor, commissary, archdeacon, official, or any other person using ecclesiastical jurisdiction whosoever, shall speed any judicial act, either of contentious or voluntary jurisdiction, except he have the ordinary registrar of that court, or his lawful deputy: or if he or they will not, or cannot, be present, then such persons as by law are allowed in that behalf to write or speed the same, under pain of suspension ipso facto.

CXXIV. No Court to have more than one Seal.

No chancellor, commissary, archdeacon, official, or any other exercising ecclesiastical jurisdiction, shall without the bishop's consent have any more seals than one, for the sealing of all matters incident to his office; which seal shall always be kept either by himself, or by his lawful substitute exercising jurisdiction for him, and remaining within the jurisdiction of the said judge, or in the city or principal town of the county. This seal shall contain the title of that jurisdiction, which every of the said judges or their deputies do execute.

CXXV. Convenient Places to be chosen for the keeping of Courts.

All chancellors, commissaries, archdeacons, officials, and all other exercising ecclesiastical jurisdiction, shall appoint such meet places for the keeping of their courts, by the assignment or approbation of the bishop of the diocese, as shall be convenient for entertainment of those that are to make their appearance there, and most indifferent for their travel. And likewise they

shall keep and end their courts in such convenient time, as every man may return homewards in as due season as may be.

CXXVI. Peculiar and inferior Courts to exhibit the original Copies of Wills into the Bishop's Registry. Whereas deans, archdeacons, prebendaries, parsons, vicars, and others, exercising ecclesiastical jurisdiction, claim liberty to prove the last wills and testaments of persons deceased within their several jurisdictions, having no known or certain registrars, nor public place to keep their records in; by reason whereof many wills, rights, and legacies, upon the death or change of such persons, and their private notaries, miscarry and cannot be found, to the great prejudice of his majesty's subjects; we therefore order and enjoin, That all such possessors and exercisers of peculiar jurisdiction shall once in every year exhibit into the public registry of the bishop of the diocese, or of the dean and chapter, under whose jurisdiction the said peculiars are, every original testament of every person in that time deceased, and by them proved in their several peculiar jurisdictions, or a true copy of every such testament, examined, subscribed, and sealed by the peculiar judge and his notary. Otherwise if any of them fail so to do, the bishop of the diocese, or dean and chapter, unto whom the said jurisdictions do respectively belong, shall suspend the said parties, and every of them, from the exercise of all such peculiar jurisdiction, until they have performed this our Constitu

tion.

JUDGES ECCLESIASTICAL, AND THEIR SURROGATES.

CXXVII. The Quality and Oath of Judges

No man shall hereafter be admitted a chancellor, commissary, or official, to exercise any ecclesiastical jurisdiction, except he be of the full age of six and twenty years at the least, and one that is learned in the civil and ecclesiastical laws, and is at the least a master of arts, or bachelor of law, and is reasonably well practised in the course thereof, as likewise well affected, and zealously bent to religion, touching whose life and manners no evil example is had; and except, before he enter into or execute any such office, he shall take the oath of the king's supremacy

in the presence of the bishop, or in the open court, and shall subscribe to the Articles of Religion agreed upon in the convocation in the year one thousand five hundred sixty and two, and shall also swear that he will, to the uttermost of his understanding, deal uprightly and justly in his office, without respect or favor of reward; the said oaths and subscription to be recorded by a registrar then present. And likewise all chancellors, commissaries, officials, registrars, and all other that do now possess or execute any places of ecclesiastical jurisdiction, or service, shall before Christmas next, in the presence of the archbishop, or bishop, or in open court, under whom or where they exercise their offices, take the same oaths, and subscribe, as before is said; or, upon refusal so to do, shall be suspended from the execution of their offices, until they shall take the said oaths, and subscribe as aforesaid.

CXXVIII. The Quality of Surrogates.

No chancellor, commissary, archdeacon, official, or any other person using ecclesiastical jurisdiction, shall at any time substitute in their absence any to keep any court for them, except he be either a grave minister and a graduate, or a licensed public preacher, and a beneficed man near the place where the courts are kept, or a bachelor of law, or a master of arts at least, who hath some skill in the civil and ecclesiastical law, and is a favorer of true religion, and a man of modest and honest conversation; under pain of suspension, for every time that they offend therein, from the execution of their offices, for the space of three months, toties quoties: and he likewise that is deputed, not qualified as is before expressed, and yet shall presume to be a substitute to any judge, and shall keep any court, as is aforesaid, shall undergo the same censure in manner and form as is before expressed.

PROCTORS.

CXXIX. Proctors not to retain Causes without the lawful Assignment of the Parties.

None shall procure in any cause whatsoever, unless he be thereunto constituted and appointed by the party himself, either before the judge, and by act in court, or unless, in the beginning of the suit, he be by a true and sufficient proxy thereunto war

ranted and enabled. We call that proxy sufficient, which is strengthened and confirmed by some authentical seal, the party's approbation, or at least his ratification therewithal concurring. All which proxies shall be forthwith by the said proctors exhibited into the court, and be safely kept and preserved by the registrar in the public registry of the said court. And if any registrar or proctor shall offend herein, he shall be secluded from the exercise of his office for the space of two months, without hope of release or restoring.

CXXX. Proctors not to retain Causes without the Counsel of an Advocate.

For lessening and abridging the multitude of suits and contentions, as also for preventing the complaints of suitors in courts ecclesiastical, who many times are overthrown by the oversight and negligence, or by the ignorance and insufficiency of proctors; and likewise for the furtherance and increase of learning, and the advancement of civil and canon law, following the laudable customs heretofore observed in the courts pertaining to the archbishop of Canterbury; we will and ordain, that no proctor exercising in any of them shall entertain any cause whatsoever, and keep and retain the same for two court-days without the counsel and advice of an advocate, under pain of a year's suspension from his practice; neither shall the judge have power to release or mitigate the said penalty, without express mandate and authority from the archbishop aforesaid.

CXXXI. Proctors not to conclude in any Case without the knowledge of an Advocate.

No judge in any of the said courts of the archbishop shall admit any libel or any other matter, without the advice of an advocate admitted to practice in the same court, or without his subscription; neither shall any proctor conclude any cause depending without the knowledge of the advocate retained and feed in the cause: which if any proctor shall do, or procure to be done, or shall by any color whatsoever defraud the advocate of his duty or fee, or shall be negligent in repairing to the advocate, and requiring his advice what course is to be taken in the cause, he shall be suspended from all practice for the space of six months, without hope of being thereunto restored before the said term be fully complete.

CXXXII.

Proctors prohibited the Oath, In animam

domini sui.

Forasmuch as in the probate of testaments and suits for administration of the goods of persons dying intestate, the oath usually taken by proctors of courts, In animam constituentis, is found to be inconvenient; we do therefore decree and ordain, That every executor, or suitor for administration, shall personally repair to the judge in that behalf, or his surrogate, and in his own person (and not by proctor) take the oath accustomed in these cases. But if by reason of sickness or age, or any other just let or impediment, he be not able to make his personal appearance before the judge, it shall be lawful for the judge (there being faith first made by a credible person of the truth of his said hindrance or impediment) to grant a commission to some grave ecclesiastical person, abiding near the party aforesaid, whereby he shall give power and authority to the said ecclesiastical person, in his stead, to minister the accustomed oath above mentioned to the executor, or suitor for such administration, requiring the said substitute, that by a faithful and trusty messenger he certify the said judge truly and faithfully what he hath done therein. Lastly, we ordain and appoint, That no judge or registrar shall in any wise receive for the writing, drawing or sealing of any such commission, above the sum of six shillings and eight pence; whereof one moiety to be for the judge, and another for the registrar of the said court.

CXXXIII. Proctors not to be clamorous in Court. Forasmuch as it is found by experience, that the loud and confused cries and clamors of proctors in the courts of the archbishop are not only troublesome and offensive to the judges and advocates, but also give occasion to the standers by, of contempt and calumny toward the court itself; that more respect may be had to the dignity of the judge than heretofore, and that causes may more easily and commodiously be handled and despatched, we charge and enjoin, That all proctors in the said courts do especially intend, that the acts be faithfully entered and set down by the registrar, according to the advice and direction of the advocate; that the said proctors refrain loud speech and babbling, and behave themselves quietly and modestly: and that, when either of the judges or advocates, or any of them, shall happen to speak, they presently be silent, upon pain of silencing for two whole terms then immediately following every such offence of theirs. And if any of them shall the second time offend herein, and after due monition shall not reform himself, let him be for ever removed from his practice.