Forms of Ecclesiastical Law: Or, The Mode of Conducting Suits in the Consistory Courts : Being a Translation of the First Part of Oughton's Ordo Judiciorum : with Large Additions from Clarke's Praxis, Conset on Practice, Ayliffe's Parergon, Cockburn's Clerk's Assistant, Gibson's Codex, &c., by James Thomas Law
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absence according action acts administered admission admitted admonished adverse party advocates allegation allowed ancient answer appear applied appointed Arches assigned authority bishop bound called cause certificate charges church citation cited client commission commissioners conclusion confession contestation contumacy costs court day day assigned decree defendant delay depositions directed ecclesiastical ecclesiastical courts effect examination exceptions excommunicated execution exhibit expences explained fact further give given granted hear sentence instance judge judicial jurisdiction knowledge letters libel mandate manner matter means mode monition necessary notary oath objections observations obtained original otherwise Oughton pain person petition plaintiff plenary positions practice pray present principal party proceed proceedings proctor produced proof propound protest prove proxy reason reference regard registrar respect seal sentence side sometimes suit summary taken term term probatory thereof thereupon things tion TITLE unless witnesses writing
Page 23 - ... they be not grieved with frivolous and wrongful suits and molestations : it is ordained and provided, That no inhibition shall be granted out of any court belonging to the Archbishop of Canterbury, at the instance of any party, unless it be subscribed by an advocate practising in the said court : which the said advocate shall do freely, not taking any fee for the same, except the party prosecuting the suit do voluntarily bestow some gratuity upon him for his counsel and advice in the said cause....
Page 40 - 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.
Page 178 - ... 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 colour 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...
Page 177 - ... 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...
Page 39 - 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 warranted 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...
Page 40 - 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...
Page 22 - ... of the diocese be suspended from the exercise of his office for the space of one, two, or three months, or more...
Page 22 - ... to be called, or unduly put off and defer the examination of witnesses to be examined by a day set and assigned by the judge, or do not obey and observe the judicial and lawful monition of the said judge, or omit to write, or cause to be written, such citations and decrees as are to be put in execution and set forth before the next...
Page 17 - ... 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...
Page 19 - ... 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 favourer of true...