of taking cognizance of causes 1 is not sufficient to constitute any one a principal official to these ends3. But vicars-general may do all the aforesaid matters by virtue of their office, except collating to benefices. These are the persons to whom archbishops and bishops do by commission or letters-patent delegate their power and jurisdiction in ecclesiastical and other matters.

CANON 127. "No man shall hereafter be admitted a chancellor, The qualificommissary, or official, to exercise any ecclesiastical jurisdiction, cation and except he be of the full age of twenty-six years at the least, and judges. one who is learned in the civil and ecclesiastical laws, and is at the least a master of arts, or bachelor of laws, and is reasonably well practised in the cause 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 and execute any such office, he shall take the oath of the king's supremacy in the presence of the bishop, or in open court, and shall subscribe to the articles of religion agreed upon in convocation in the year 1562, and shall swear that he will, to the uttermost of his understanding, deal uprightly and justly in his office, without respect or favour of reward; the said oaths and subscription to be recorded by a registrar then present."

TITLE VII.

THE JUDGES WHO PRESIDE OVER THE COURTS OF HIS
GRACE THE ARCHBISHOP OF CANTERBURY, AND THE
TITLES OF THE SAID JUDGES.

I. First, The official principal of the Archbishop of Canter- Official bury's Court of Arches. He is now for the most part familiarly principal of

1 Causes of contentious jurisdiction. See Lindwood, lib. ii. tit. 4, cap. 1. voc. Vicarios Generales, and voc. Officiales Principales.-Ed.

2 Unless the same be either expressed by word of mouth or in writing, by the persons who commissioned him, so that his intention hereby may be made known and appear.-Ayliffe.

3 That is, matters of voluntary jurisdiction, and the power of inquisition in the administration of jurisdiction purely spiritual.-Ed.

The worshipful John Bettesworth, LL.D. is mentioned by Oughton as the official principal who presided over the Court of Arches at the time when he composed his work. And the worshipful Daniel Dun, Kt. LL.D. was the official principal in Conset's time.-Ed.

the Arches Court.

Why called
Dean of the
Arches.

Official of the consistory of the

known by the style and appellation of Dean of the Arches: the same title which has for many years past been given to him; and which at first attached to him in the following manner.

II. The official of the Arches Court used very seldom to remain long together in London, in consequence of his numerous engagements both in foreign countries, and within the realm of England, on regal matters of state. During his absence, the dean of the Deanery of the Arches (whose own official duties were confined to the limits of thirteen parishes, peculiars within the city of London, immediately subject to the exempt ecclesiastical jurisdiction of the Archbishop of Canterbury) was frequently called upon to preside in court for him as his surrogate or deputy 2. Indeed this appointment of the Dean of the Arches was regulated by the ancient statutes of the said court. In consequence of which arrangement it happened, that in course of time the official himself, when he occupied in person the judicial seat, was, as if by a common agreement in a vulgar error, called, by the borrowed title of his deputy, "Dean of the Arches"."

3

5

III. In the ancient statute books above mentioned, this judge is sometimes called "official of the consistory of the archbishop," archbishop. sometimes only "official"." The reason of which was, that in those days the Archbishop of Canterbury had no other official within his province.

Archbishop's vi

IV. Secondly, The Archbishop of Canterbury has his vicarcar-general. general in spirituals ’.

The judge V. And thirdly, His judge of the Prerogative Court, called the of the Pre- master, keeper, or commissary of the said court.

rogative Court.

124 Chapter ii. of the Introduction to this work enters more fully into particulars relative to the official and dean of the Arches.—Oughton.

3 Consult the statutes of Archbishop Stratford, A.D. 1342, relative to the Arches Court, under the head or section, "The dean of the church of the blessed Virgin Mary of Arches." See also the Introduction to this work, Chap. ii. § 14.-Oughton.

5 See the statutes by Archbishop Winchelsey, Arches Court, A D. 1295, and similar statutes by Archbishop Stratford, A.D. 1342.-Oughton.

6

Officialis, quid sit ejus officium. Lindwood, de sequest. c. Frequens, verb. officiales.-Ed.

7 The worshipful George Paul, LL.D. is mentioned by Oughton as the vicar-general who held the office at the time when he composed this work.-Ed.

8 The worshipful John Bettesworth, LL.D. is mentioned by Oughton as the judge of the Prerogative Court of Canterbury at the time when he composed this work.-Ed.

7

SURROGATES.

TITLE VIII.

SURROGATES, THEIR QUALIFICATIONS.

any Qualifica

any

I. "No chancellor, commissary, archdeacon, official, or other person exercising ecclesiastical jurisdiction, shall at 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 favourer of true religion, and a man of honest and modest 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 quoties1.”

II. "And he likewise who is deputed, being 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 "."

tions of Surrogates.

12 Canon 128.

REGISTRARS.

Their duty.

Acts of court.

TITLE IX.

REGISTRARS, THEIR OFFICE AND DUTIES1.

4

2

I. That the truth may fully appear in judicial proceedings, the law enjoins all acts which are sped either in an ordinary or extraordinary judicial process to be written by a notary public or registrar3. Or else the law requires that two or three fit and credible witnesses be made use of to attest the truth thereof, (in the place of a notary), whose duty it is to write down whatever is transacted in judgment, as it literally appears to them. If the judge shall neglect these matters aforesaid, he shall be punished by his superior judge: and no presumption shall lie in favour of a process, any further than the cause appears by proper and lawful documents. A notary public, who writes the acts of court, ought not only to be elected by the judge, but approved also by

2

1 This title is principally taken from Ayliffe, pp. 382—386.—Ed.

Anciently a notary was a scribe or scrivener, who only took minutes and made short draughts of writings and other instruments both public and private. But at this day we call him a notary public, who confirms and attests the truth of any deeds or writings, in order to render the same more credible and authentic. Law books give a notary several names and appel-' lations, as tabellio, (Nov. 44, chap. 1.) actuarius, registrarius, scriniarius, and the like, all of which words are put to signify one and the same thing.— Ayliffe.

3 According to Bartolus, Baldus, and other writers, the registrar is sometimes termed judex chartularius (Digest, l. 1. 5. 1.) because they say, a notary approaches and comes near the nature of a judge. In England, the word registrarius is confined to the officer of a court who has the custody of the records and archives of such court, and oftentimes he is distinguished from the actuary thereof. A registrar, however, ought always to be a notary public, because it seems to be a necessary qualification to his office.-Ayliffe. Burn's Ecclesiastical Law, vol. iii. p. 2.

✦ Decrees, 2. 16. 3. 15. 4. Testes duo æquipollent Tabellioni.-Ed.

each of the parties in a suit1. For though it does of common right belong to the office of the judge to assume and choose a notary for reducing the acts of court in every cause into writing; yet if a notary be a suspected person, he may be recused and set aside by the litigants: for the use of a notary was not introduced so much on the judge's account, to help his memory in the cause, as that an innocent litigant might not be injured by the injustice of a wicked judge; and likewise that truth might appear, and falsehood be abolished, in all judicial pleadings.

II. The office of a registrar or notary in a judicial cause is em- Their office. ployed about three things. 1st, He ought to register and enroll all the judicial acts of the court, according to the decree and order of the judge', setting down in the act the very time and place of writing the same. 2dly, He ought to deliver to the parties, at their special request, copies and exemplifications of all such judicial acts and proceedings, as are there enacted and decreed. 3dly, He ought to retain and keep in his custody the originals of all such acts and proceedings, commonly called the protocols 3: that in case any dispute or difficulty should afterwards arise touching the same, recourse may be had thereunto. So that if the judge should say, he would have the acts of court remain with him, the will of the notary or registrar herein is surely to be preferred*. III. As a notary is a public person, so consequently all instru- Instruments made by him are called public instruments. And a judicial register or record made by him is evidence in every court according to the civil and canon law. A bishop's register establishes a perpetual proof and evidence when it is found in the bishop's archives and credit is given not only to the original, but also to an authentic copy exemplified, if the same be not anywise suspected".

ments made

by them.

1 The creation of public notaries belongs to the king's majesty in his high Court of Chancery; because this is an act or thing done for the advantage of the public weal, and is a badge or ensign of sovereign majesty reserved to the prince alone, which, in other terms, is styled the royal prerogative.— -Ayliffe.

2 The judge's precept and authority is necessary hereunto.-Ayliffe.
3 πρшτа kwλa, the notes, or first draughts. Burn, vol. iii. p. 3.—Ed.

4 See Ayliffe, title "Judicial Acts," p. 29.-Ed.

5 Every notarial act must be on a 5s. stamp, with a progressive duty of 5s.

on every

sheet thereof after the first.

Decretals, 2. 19. 11-Ayliffe.

7 Digest, 34. 1. 3. 1.—Ayliffe.

55 George III. chap. 184.