the sentence is read. 3. In what case the party must be absolved, without contumacy costs : the reason. 4. Excommunication extracted and denounced. 5. Custom of courts.

TITLE LVIII. The mode of denouncing the sentence of excommunication, p. 127.

1. What the proctor of the plaintiff has to do before the denunciation of excommunication. 2. Caution to him. 3. Caution to the clerk who has. to read the denunciation of excommunication: danger of delay. 4. Certificate of the execution. 5. Form thereof.

TITLE LIX. The mode of proceeding against persons remaining under sentence of excommunication after denunciation: and the punishment to be inflicted on such persons. Also as to the method of abbreviating litigation, p. 128-130.

1. The subterfuge of parties who persist in remaining under sentence of excommunication until the fortieth day, exposed: their boastful expectation. 2. Mode of dealing with such persons: proceedings ex officio: satisfactory causes of absence must be assigned or penance enjoined with costs, in addition to the contumacy costs. 3-7. Instances of delay: 1st, After the original citation: 2dly, After the citation to answer personally the positions of a libel : 3dly, After monition for answers : 4thly, For fuller answers : 5thly, After an interlocutory decree for fuller answers: 6thly, After a definitive sentence. 8. Wilful delay thus occasioned. 9. Proceedings ex officio: public penance enjoined.

TITLE LX. Another method of proceeding against persons continuing under sentence of excommunication after denunciation, p. 131, 132.

1. Oath administered previous to absolution: contumacy repeated: infraction of oath: charge of, and punishment for, the perjury. 2. No abso− lution granted, before satisfaction made to the church.

TITLE LXI. The ecclesiastical judge may proceed against such as hold intercourse with an excommunicated person, p. 132–134.

1. The excommunicated person must be publicly denounced in his parish church : the reason. 2. Punishment of those who hold intercourse with an excommunicated person. 3. Caution to those who lightly regard excommunication: excommunicated persons proceeded against as heretics. 4. Refused Christian burial.

TITLE LXII. The petition for letters significatory for the apprehension of the excommunicated person, p. 134, 135.

1. The excommunicated person not appearing, after the lapse of forty days the original mandate exhibited in court with the certificate of its execution. 2. The allegation: the prayer: letters significatory: the decree.

TITLE LXIII. Letters significatory, and the writ from the Court of Chancery for the apprehension of the party excommunicated, p. 136.

1. To whom the letters are directed : by whom sealed : to whom the

warrant is directed: apprehension of the party: his imprisonment: satisfaction to the church: absolution: costs. 2. Cursitors of the Chancery.

TITLE LXIV. What absolution is, and the several kinds of absolution, p. 137-140.

1. The meaning of the word in the civil law; ibid. in the canon law, and among divines. 2. Judicial absolution: declaratory absolution: extrajudicial absolution: penitential absolution. 3. Who may absolve judicially: limitation of the rule: archbishops: bishops. 4. Deans and chapters, during the vacancy of a see. 5. The several kinds of absolution. 6. The different pleas which justify absolution: caution to the sheriff.

TITLE LXV. A party excommunicated, either for the non-payment of costs, or for the principal sum, cannot be absolved, till he has deposited the same with the registrar, p. 141, 142.

1. First, supposing the excommunication to be unjust, nevertheless the costs, or the principal sum, are to be deposited with the registrar, previous to absolution. 2. Secondly, supposing the costs, or the principal sum, to have been previously paid, they must be again deposited, as above. 3. The reason. 4. Their restoration on proof of the fact.

TITLE LXVI

In what cases the contumacy costs must be deposited with the registrar before absolution, p. 143, 144.

1. After denunciation, and the extraction of the significavit, the contumacy costs must be deposited in the registry previous to absolution: what contumacy costs are. 2. Their uncertainty, therefore additional deposits requisite. 3. The appellant's allegation: his petition for a significavit.

TITLE LXVII. Significatory letters touching absolution: and the warrant for the release of the party, p. 145, 146.

1. The form of the oath to be taken by the excommunicated person in order to obtain absolution. 2. The contumacy costs deposited with the actuary: subject to taxation by the judge. 3. Absolution: letters significatory for the liberation of the party incarcerated. 4. The king's warrant how obtained. 5, 6. Course to be pursued when the adverse proctor is not present in court. 7. The reason of the practice. 8. Necessary variation in the contumacy charges.

TITLE LXVIII. What a libel is: into how many parts divided: and how many sorts of libels there are, p. 147-151.

1. Meaning of the word. 2. What are the parts of a libel. 3. What things are proper to a libel: its subject-matter: its form. 4. The properties of a libel. 5. The efficient cause of a libel. 6. A libel required in all suits. 7. The specific form of a libel: custom of courts: the conclusion of a libel : syllogistic argument. 8. The next, and not the remote cause, or matter, must be stated: what civil actions are: what are singular: what are real. 9. The end of a libel. 10. A copy of a libel.

TITLE LXIX. The petition of the proctor of the defendant, when the plain

tiff has cited the defendant to appear, and proceeds no further in the suit, p. 151-153.

1. The allegation of the defendant's proctor. 2. The prayer for a decree directing the plaintiff to prosecute the suit. 3. The decree of the judge. 4. Subsequent proceedings: the plaintiff called: pronounced contumacious dismissed with costs: their taxation: custom of the court: monition to pay the costs. 5. Further observations. 6. Costs reserved, when and how. 7. Taxation of costs.

TITLE LXX. The petition by the defendant's proctor, on the day of his appearance, for the production of the libel, p. 154.

1. The prayer of the defendant's proctor. 2. Term to libel: the judge's assignation.

TITLE LXXI. The course to be pursued, if the plaintiff does not take care to give in his libel, on the day assigned him for that purpose, p. 155.

1. What the defendant's proctor should say. 2. The assignation of the judge, on the payment of twelve pence by the plaintiff to the defendant. 3. The ancient custom of the court.

TITLE LXXII. The dismissal of the defendant with costs, in case the plaintiff does not exhibit his libel, p. 156.

1. The libel not exhibited: the defendant's prayer to be dismissed. 2. The judge dismisses him with costs: the amount of the taxation: monition for payment. 3. No oath required as to the amount of costs. 4. The reason.

TITLE LXXIII. The production of the libel in a plenary suit, p. 157. 1. The plaintiff's prayer. 2. The defendant's prayer: the judge's answer. TITLE LXXIV. The production of the libel in a summary suit, p. 158. 1. The plaintiff's prayer: the judge's decree. 2. The defendant's dissent. 3. The plaintiff's rejoinder. 4. The judge's repetition. 5. The plaintiff's further prayer. 6. The defendant's further prayer. 7. Subsequent petitions. TITLE LXXV. What the emendation of a libel is and when: in what cases and how it is permitted, p. 159–163.

1. In what cases a libel may be amended: sometimes before, sometimes after, contestation of suit. 2. What is understood by amending a libel. 3. When it is permitted. 4. Cases of emendation stated and explained. 5. Additions introduced in suits which are, 6, universal, 7, general, 8, singular. 9. The substantial parts of a libel, in a criminal cause: in a civil cause. 10. Subtractions from libel. 11. Superfluous matters withdrawn. 12. The defendant's prayer for time to answer an amended libel.

TITLE LXXVI. The method of correcting an error in the name or surname of the plaintiff or defendant: or in some other word inserted in a libel or other legal instrument, by a mistake of the transcriber, p. 164.

1, 2, 3. Instances of verbal errors. 4. The error must be apparent. 5. Form of the allegation. 6. Nature of the prayer: decree of the judge. 7. The revocation and subduction of the proctor sufficient without a decree.

TITLE LXXVII. What the mutation of a libel is: and when and in what cases it is permitted, p. 165-167.

1. Explanation of the word. 2, 3. Cases stated in which mutation is allowable two rules: six limitations of the first rule. 4. Three exceptions to the second rule. 5. Accumulation of actions. 6. Who pay the expences

of a mutation.

TITLE LXXVIII. What exceptions are: and the different kinds of them, p. 167.

1. General acceptation of the word. 2. Particular instances: peremptory exceptions. 3. Dilatory exceptions. 4. Mixed exceptions. 5. Irregular exceptions.

TITLE LXXIX. In what part of the proceedings exceptions may be urged, p. 168.

1. Peremptory exceptions propounded in any part of the suit. 2. Dilatory exceptions generally, but not always, before contestation. 3. Mixed exceptions, and, 4, anomalous exceptions follow the same rules.

TITLE LXXX. The exceptions which may be advanced by the defendant before contestation of suit: and the form of the protest which must in that case be given in, p. 169, 170.

1. Seven instances of exceptions before contestation. 2. Form of the defendant's protest.

TITLE LXXXI. What sort of security is required from the parties in a suit; at what time; and to what purpose; and whether only from one, or from both the litigant parties, p. 171.

1. Security required before contestation. 2. Reference to writers of authority. 3. Both parties must give security: the one that he will prosecute the suit: the other that he will abide in judgment. 4. Reconvention.

TITLE LXXXII. What contestation of suit is, p. 172.

1, 2. Explanation of the word. 3. Illustration: threefold division.

TITLE LXXXIII. Contestation of suit in a plenary cause, p. 173-178. 1. Prayer of the plaintiff's proctor for an answer to the libel. 2. Form of answering affirmatively. 3. Form of contesting suit negatively. 4. Repetition of the libel in force of positions by the plaintiff. 5. Ibid. by the judge admission of the libel. 6. Answers required. 7. Defendant's negation of the truth of the positions. 8. Answers of the principal party required. 9. Decree for answers. 10. Dissent of the defendant. 11. Judge assigns three or more court days for proof. 12, 13. Dissent sometimes of the plaintiff, sometimes of the defendant. 14. The practice in defamation causes stated. 15. Decree for answers must be prayed for by an advocate: the reason signature of the advocate required. 16. The answer of the defendant's proctor when necessary: the oath of the plaintiff's proctor. 17. Matrimonial suits: the practice explained. 18. The reasons.

TITLE LXXXIV. The plaintiff's right to put in three allegations, p. 179, 180. 1. Statement of the plaintiff's right. 2. Its origin, how far doubtful. 3. The defendant may put in three defensive pleadings.

TITLE LXXXV. What an answer is, and in how many ways it may be understood, p. 181, 182.

1. Explanation of the word. 2. In how many ways answers may be made: how variously understood: examples.

TITLE LXXXVI. Personal decree against the principal party to answer the positions of a libel, p. 183.

1. The plaintiff should take care that there is no delay: the advantages of such a course the defendant may confess the libel: or a portion of it: superfluous proof thus avoided. 2. The mode of obtaining a decree, supposing the defendant absent: suppose him present.

TITLE LXXXVII. A commission for the examination of the principal party, p. 184.

1. For what purpose a commission is granted: at what time, and in what place it must be executed: a day assigned for the transmission of answers. 2. The certificate of the decree for answers, how long continued: the reason.

TITLE LXXXVIII. At whose expence a commission for the principal party is granted, p. 185, 186.

1. Sometimes at the expence of both parties mutually. 2. Sometimes of the plaintiff. 3. Sometimes of the defendant. 4. In matrimonial suits no commission is allowed: the reason.

TITLE LXXXIX. The production of the principal party, and his oath. Also the mode of proceeding against the said party, if he does not undergo his examination, p. 187, 188.

1. Time of production. 2. Form of production. 3. The oath. 4. Its administration. 5. The party admonished to undergo his examination. 6. Non-appearance of party: his contumacy accused: his excommunication: denunciation: significavit : apprehension: continuance in prison: release. 7. In what cases the assignation for answers is continued: with what limitations.

TITLE XC. The necessary protest of the defendant at the time of his production, p. 189.

1. Description of the charges which the principal party is not bound to answer. 2. His necessary protest. 3. Its usefulness.

TITLE XCI. Personal answers, how to be given in by a dean and chapter; by the master, fellows, and scholars of a college; or by any other corporate body; to the positions of a libel, or any other document proceeding from the adverse party, p. 190.

1. The mode of obtaining a decree for the answers of a corporate body: the form of the decree. 2. A special syndical proxy required. 3. A common syndical proxy insufficient. 4. Manner of proceeding against a corporate body not appearing.