the consistory of the cathedral church of St. Paul, in London, or in the common hall of the College of Advocates.

7. The Consistorial Court of the bishop of London, and the Court of the Commissary of the said bishop, are held, as often as it seems fit to the judges of the said courts, on the day following the Court of Delegates, (that day not being a holiday,) before noon, in the consistorial chamber, within the cathedral church of St. Paul in London. The first court day, or session, in every one of the four accustomed yearly terms, is always then held within the consistory at St. Paul's. But, on the other court days, or sessions, of every term, it is not at all unusual for the courts to meet in the common hall of the College of Advocates; if the judge, in the exercise of his discretion, so thinks proper to appoint.

8. The Consistorial Court of the bishop of Winchester, as also the Court of his Commissary, are held in the parish church of St. Saviour, in the borough of Southwark, in the county of Surrey, on the same day as the courts of the bishop of London, but not till the afternoon.

9. The Court of the Commissary of the very reverend the dean and the chapter of the cathedral church of St. Paul, London, formerly met for business in the parish church of St. Gregory; but now it is held in the chapter-house of the said cathedral church, in the morning of the day (not being a holiday,) after the court of the bishop of London.

10. The Court of the Commissary of the archdeacon of London was formerly holden in the church called Christ Church, London; but now has its sittings in the common hall of the College of Advocates, on the day (not being a holiday,) after the court of the bishop of London, previous to twelve o'clock at noon.

11. The Court of the Commissary of the archdeacon of Middlesex is wont to be kept in the building called the church house, near the parish church of St. Clement Danes, in the county of Middlesex, on the day (not being a holiday,) after the court of the bishop of London, previous to twelve o'clock

at noon.

12. The Consistorial Court of the bishop of Rochester, and the Court of the Commissary of the said bishop, are held in the parish church of St. Alphage, Greenwich, (otherwise called East Greenwich,) in the county of Kent. The court days are not fixed, depending on the will of the judge, and the nature of the business. Only they must not be on a feast day.

13. The Court of the Commissary of the very reverend the dean and the chapter of the collegiate church of St. Peter, Westminster, is held in the court-house within the said collegiate church, on such day or days, (not being holidays,) as the judge directs; and he determines according to the circumstances of the case.

14. The Court of the Commissary of the royal peculiar and exempt jurisdiction of St. Catharine, is kept in the church of St. Catharine, abovementioned, near the Tower of London, on any day (not being a feast day) which the judge pleases to appoint, regard being had to the business before the court.

15. The judges of these several different Courts appoint an extraordinary day of sitting, after the conclusion of each of the regular terms, and subsequent to the extraordinary day of the Court of Arches, and the Prerogative Court of Canterbury. Every judge respectively fixes this day for himself.Oughton.

APPENDIX, No. IX.

Ar first, the translator had a little difficulty in determining how Dies Pascha should be translated. The question is, should Dies Pascha be rendered "Good Friday," or "Easter Sunday?" He has adopted the latter interpretation of the phrase, for the reasons which follow. Pascha is a word of Hebrew origin, signifying “transitus." It is used in its primitive sense, in describing that event most memorable in Jewish history, when the destroying angel passed over (transivit) the houses of the Israelites, wherever the lintel and door posts were sprinkled with the blood of the lamb; and slew all the first-born in the land of Egypt 1. The Lord ordained that the people of Israel should preserve the memory of this deliverance by a feast, to be kept by an ordinance for ever. In speaking of this feast, both Moses and St. Matthew give a new sense to the word, calling the lamb (pascha) the passover. For example; Moses said to the Israelites, take you a lamb, and kill the passover "." The “ disciples said to Jesus, where wilt thou that we prepare for thee to eat the passover 3." The next signification of the word is metaphorical. Christ is called "pascha," our passover," or,

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our paschal lamb." Thus: "Christ our passover is sacrificed for us, therefore let us keep the feast 4." After this, the word branches out, and we have to follow it down two separate channels. The one referring it to the Jewish, the other to the Christian pascha. In the former, it marks the day on which the paschal lamb was slain, viz. the 14th of the month Nisan. See John ii. 13. 23; and Whitby's Appendix to John xiv. In the latter it signifies, the day of Christ's crucifixion, or the day of his resurrection. On Thursday the paschal lamb was slain. Christ our passover was sacrificed for us on the following day (Good Friday). On Easter Sunday our blessed Lord passed (transivit) from death unto life. We contend for the last of these three acceptations of "pascha;" or, rather, we take "pascha" here to refer to the last of these three periods. The first cannot be meant, because the reference is not to any Jewish observance of the passover, but to the Christian institution of Easter. The second does not apply naturally, being only typical and figurative. Whereas, the third retains much of the original meaning of the Hebrew word. In addition to which, Good Friday is not, but Easter Sunday is, a feast. And in all the other cases, the eccle

siastical courts are held after feasts. We rely, too, on the evidence of Grotius and Du Cange. Grotius observes, "Diximus supra Johannem scribere Ecclesiis quæ maximâ parte ex Gentibus collectæ erant. Celebrabant quidem et illæ memoriam resurrectionis Dominicæ, cui nomen dabant paschatis, ut ex egregiâ Irenæi ad Victoriam epistolâ apparet, sed non utique more Judæorum." Du Cange, in his Glossary, states, "Sancitum a Pio Papa scribunt, ut pascha die Dominica, lunam 14 proxime insequenti celebraretur; quod alii ab ipsis Apostolis institutum volunt." On the whole, then, we conclude, that "Dies pascha" is Easter Sunday.

1 Note to John ii. 13.

INDEX.

A.

Absence, when a person is said to be absent, 117; whether in respect of his person,
or his dwelling, ibid.; how many kinds of absence there are, 118; in what cases
absent persons should be summoned, 119; when absence is presumed to be
blamable and malicious, when not, 120; the consequences of blamable absence,
ibid.; absence from church an ecclesiastical offence, 45.

Absolution, what is the meaning of the word, and its various acceptations among
civilians, canonists, and divines, 137-140; judicial absolution, what it is, and
who may exercise it, 138; declaratory absolution, what it is, and who may pro-
nounce it, ibid.; the form of it, ibid.; who may absolve parties from excommuni-
cation, during the vacancy of an episcopal see, 139; different sorts of judicial
absolution, 140; what is required from an excommunicated person previous to
absolution, 45; appeal from a sentence of excommunication, how conducted, 86,
note (1), and 143; absolution from an unjust sentence of excommunication, by
reason of a false certificate of citation, 102; when absolution is granted, without
any charge for contumacy costs, 126; if absolution is not obtained within forty
days after the sentence of excommunication has been denounced, the same is
signified to the king in chancery, and a writ issues against the offender, 129,
note (2); the party seeking absolution must previously take an oath to obey the
ecclesiastical laws, 131; if excommunication has been denounced for not paying
the expences, or the principal sum in a suit, 141; how absolution is, in that case,
to be obtained, 143; significatory letters to the king touching absolution, 145;
the royal warrant for the release of the party, ibid.; the absolution must be made
public in all cases where the excommunication had been publicly denounced, 145,
note (6).

Accessory act, what it is, 77.

Accounts of executors and administrators, subject to the examination of the Pre-
rogative Court, 57.

Actuary, who he is, 20, note (2); he is free from the liability of serving parochial
offices, Introduction, ix.

Accumulation of libels, what it is, 166.

Accusation, its meaning, Oughton's preface.

Additions to a libel, when and how permitted, 160; in universal, general, and singu-
lar actions, 161.

Administration, granting letters of, within the province of Canterbury, belongs
peculiarly to the Prerogative Court, when there are bona notabilia, 55, 56; in
causes of administration, a third party may intervene, 73.

Administrator, how protected in the due discharge of his office by the ecclesiastical
law, 45; when the principal party dies before contestation of suit, the adminis-
trator is liable to be called to defend the cause, 37.

Admiralty, High Court of, how it meets in the public hall of the College of Advo-
cates, Appendix, No. VIII.

Admission to plead in the form of a pauper, a privilege in an ecclesiastical suit, 62;
who may be so admitted, and at what stage of the proceedings, ibid.; the allega-
tion and oath of a pauper, 63; in what cases admission is refused, 64, note (4);
admission of a libel, 175; admission of witnesses, 214.

Adultery, how punishable by the ecclesiastical courts, 45; the charge of adultery,
how it may be alleged against witnesses, 260.

Advocate, import of the word, 23; qualification of advocates for office, ibid.; their
official duties, 24; forms of their admission to office, ibid; disqualifications, 25;
their salary, 26; their oath, 27; they form themselves into a college, Introduc-
tion, ii.; where it is situated, ibid. iii.; what business is transacted there, ibid.;
they cannot practise without a licence, ibid. ix. ; their place in the Arches Court,
ibid. xv.; their dress, ibid. xvi.; they have precedence of barristers, ibid. xvii. ;
they have to read various statements in court relative to suits which are pending,
109; they have to conduct the business of paupers without fee or reward, 34;
not more than three advocates are allowed to a client, unless he is a nobleman,
or bishop, and then he may have six, 35.

Allegations, when brought into court, 10, note (3); allegation to plead in formá
pauperis, 62, 63, notes (4) (5); allegation to prevent the adverse party's admis-
sion in forma pauperis, 65; a general allegation is not sufficient when a third
party intervenes in a suit, 72; the number of allegations which a plaintiff has a
right to introduce, 179, 180; origin of the custom, ibid.; allegation against com-
missioners, 110; allegation against witnesses, 207; allegation upon an incidental
article, 295.

Amendment of libel, when and how allowed, 163.

Analysis of ecclesiastical proceedings, Appendix, No. I.

Ancient records, their exhibition, 268; the form of the allegation on such exhibition,
269; the oath, ibid.; power of searching for them, 273; the monition to exhibit
them, 275; punishment on disobedience to the monition, 278.
Animæ salus, the nature of that plea, 42, note (3).

Annual pensions, causes of, are plenary, 60.

Answers, what they are, 181; how many ways an answer may be understood, and
the reason of such diversity, ibid.; examples thereof, 182; answer to a libel,
when to be given in, 159; mode of proceeding, ibid.; decree for answers, 183;
should be procured without delay, after contestation of suit, ibid.; the reason,
ibid.; commission for taking answers when granted, 184; at whose expence, 185;
appearance of the principal party to answer, 187; delay of his appearance on
sufficient grounds, 188, 189; no answer to criminal and captious positions, 189;
personal answer, how to be given by a dean and chapter, 190; by the master and
fellows of a college, ibid.; by a body corporate, ibid.; protest of the adverse
proctor on the day of the exhibition of answers, 192; what objections may be
raised against answers, 193; the consequence, if the objections are valid, ibid.;
petition of the plaintiff, if the defendant has not answered fully, 195; decree for
fuller answers, ibid.; answers must be on oath, 198; refusal to take the oath,
how punished, 199; insufficient answers to interrogatories, 253; the form of the
allegation, in that case, 254; answers to exhibits, 270; were formerly in writing,
271; are now generally personal, ibid.

Appeal, causes of, from inferior jurisdictions, are tried by the official principal, 52;
if original causes are plenary, they are plenary after appeal; if summary before
appeal, they are summary after appeal, 59; the Prerogative Court excepted; the
reason, ibid.; in cases of appeal, citations operate out of the diocese or peculiar
jurisdiction in which the parties dwell, 81; appeals against inferior judges, 86
and 309, notes (1) (3); and against the sentence of excommunication, ibid.;
before what judge appeals should be brought, 106 and 311; on appeal from a
sentence obtained by one party against another, the power of the proctors on
both sides ceases, 36; if a sentence of restoration is obtained to the first judge,
the principal party must himself be called, ibid.; but, before a definitive sentence,
a cause may be proceeded with, after restoration, as if no such appeal had taken
place, 38; appeal from a definitive sentence, 308-312; what term is allowed for
appeals by the ecclesiastical law, 308; what term by the statute law, ibid.; pro-
test of appeal, 310; appeal against the executors and administrators of a deceased
party, 317.

Approbation of wills, meaning of the term, 55, note (3).

Archbishop of Canterbury, the number of his courts, 7 and 8; holds his Court of
Audience in person on particular occasions, Introduction, xxi.

Archdeacon, sometimes has concurrent jurisdiction with the bishop, 4; suits may
be instituted against him, for any excess, or neglect, or omission of duty, 81.
Arches Court, Introduction, ii. and x.; its antiquity and celebrity, ibid.; it is the
consistory of the archbishop of Canterbury, ibid.; where anciently held, ibid.;