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blemishes, now at length restored to their native beauty, and improved by the decorations of art and industry'.
At the commencement of the second portion of this work, the reader will find explained the different modes of proceeding in criminal causes, both in our ecclesiastical courts, and at visitations, whether it be by inquisition’, or by accusation, or by presentment* : together with the specific nature of the charges necessary to be advanced by the promoter, or churchwarden; and the defence to be set up by the defendant or impugnant.
In causes respecting presentation to benefices, it is shown, what the rights of the patron are ; what is required of the clerk who is presented, in order that he may obtain institution and induction; and what the bishop has to do, by virtue of his office.
Under the same head comes the doctrine of dilapidations, which treats of the liability of parties; what inspection is necessary by a builder ; what pleas justify the non-payment of dilapidations; and in what cases the incumbent is only entitled to a portion of the sum at which the dilapidations are valued.
Next in succession are articles on tithes; on moduses or customs in lieu of tithes; on offers of payment of tithes pending a suit; and on the sequestration of the profits of a living.
Then follow articles on matrimonial causes ; treating of marriage contracts, or spousals; of the dissolution of the marriage contracts or spousals of minors ; what proceedings are to be taken against those who forcibly obstruct a marriage, or detain a wife from her husband, by violence, threats, or persuasion; of jactitation of marriage ; of the sequestration of a female, or her removal to a place of security, pending a trial; of clandestine marriages, and their punishment; of the advocates' privileges in conducting a matrimonial cause; of the expences of the suit; and of alimony; of divorce for cruelty; of divorce for adultery; of the causes which preclude a divorce, viz. compensation"; and condonation”; of the restitution of matrimonial rights, and the causes which prevent it; of nullity of marriage by reason of a previous contract; or relationship within the prohibited degrees; or some natural impediment.
1 The work now given to the public, comprising only a translation of the first part of Oughton's Ordo, ends here.—Ed.
2 When the bishop or his official originates the inquiry, by virtue of his office.-Ed.
3 When the office of the judge is promoted by another.--Ed.
Testamentary causes are next in order ; which relate to the proving of wills in common form, or by witnesses in solemn form ; the examination of the handwriting of the deceased; the administration of the goods of persons dying intestate; the danger of an unauthorised distribution of the goods of an intestate; the probate of wills, and the administration of effects, when they belong to the ordinary of the diocese or peculiar jurisdiction in which the deceased was at the time of his death ; when not; and herein of bona notabilia ; the duty of executors and administrators to prepare and exhibit an inventory and account; and the power of legatees, and next of kin, and creditors, to call upon executors and administrators to fulfil their duty, by exhibiting an inventory of the deceased's effects into the registry, and by rendering an account of the due execution of their trusts, within a limited time; in what cases executors and administrators can be liberated from all further responsibility, and the mode of obtaining letters of acquittance ; touching infants and minors, and the selection and appointment of their guardians; when legacies may be claimed and recovered, notwithstanding the will containing such legacies is suppressed; the division among legatees, by an equal rate, of effects which are insufficient to answer all demands ; tenders, whether actual or verbal, to pay legacies of goods and chattels, when they should be accepted, when rejected; conditional tenders to pay the same, subject to claims on account of debts, bonds, or contracts, when they should be accepted, when rejected; the allegation of plenary administration, when and how to be advanced.
Cases of defamation succeed, which treat, first, of libellous
1 i, e. The incontinence of him or her who brings the action.-Ed.
2 i. e. The sexual intercourse of the parties after the complainant knew of, or had violent suspicion of, the incontinence of him or her against whom the action is brought. -Ed.
words spoken; wherein, to proceed regularly, it is required that an action be brought before the expiration of twelve months from the publication of the slander, after which time the plea of remission of injuries is a bar to an action ; but indirectly a prosecution may be instituted after the lapse of a year, by alleging the provincial constitution'; secondly, of defamation by libellous words written and published, and the method of bringing the offending party to punishment; a witness against whose testimony exception is taken on the supposition of its containing defamatory matter, may bring his action for defamation, if the exception fails ; such an action how to be resisted; cases of reconvention", the method of proceeding in them; mutual compensation, when to be made; the performance of penance; the punishment of such as refuse to do penance.
Other subjects are incidentally brought forward and discussed in the course of this work, viz. with respect to perjury; simony; usury; laying violent hands on a clergyman ; brawling in churches and church-yards ; lewdness; drunkenness; blasphemy; nonattendance at church; non-payment of church rates and levies ; subtraction of ancient ecclesiastical dues; procurations; synodals; oblations; mortuaries ; with other matters too numerous to be recited.
More especially cases of provocation, when the jurisdiction of an inferior judge is suspended by his superior, before the commencement of a suit; cases of recusation, when it is suspended after the commencement of a suit; and cases of devolution, when it is suspended by a process termed“ duplex querela," because of the denial or procrastination of justice.
In appeal cases it is shown, when and how an appeal lies from a judge acting by delegated authority, to the judge who granted the commission, either previously to sentence, for any oppressive act or obstruction of justice; or, subsequently, against the decree itself; the nature of apostles '; the time of applying for them ; under what circumstances they should be granted ; and when refused; how an appellate may take advantage of an appeal by
i Beginning with the words “ Authoritate Dei Patris omnipotentis.” -Ed. 2 Wherein a libel may be exhibited without a previous citation. -Ed. 3 Letters dimissory.-Ed.
adhesion'; how a judge inhibited subjects himself to punishment, and subjects his acts or attentata to repeal, if he passes any sentence, or takes any step prejudicial to the appellant, pending the appeal; the desertion of an appeal in consequence of the appellant's lapsing the term of law; or from his lapsing the term of man”; in what cases the appellant may plead lawful impediment against the lapse of an appeal, and may pray further time, and herein of his admission in secundum fatale?. Much information is also given with reference to definitive sentences in appeal cases; and the execution of them; respecting decrees for the payment or settlement of the principal sum in dispute; and respecting costs; their taxation ; reservation ; excusation; and compensation.
The origin and powers of the Supreme Court of Delegates are inquired into; and therein of the royal commission under which they act; viz. the commission of adjuncts; and the commission of review. The whole concluding with a statement of the method and order of proceeding in the confirmation of bishops.
The second volume will follow this as quickly as possible, and will contain copies of the most approved legal instruments and forms in use in our ecclesiastical courts, collected from original sources with the greatest attention to accuracy.
It only remains for me to state, with perfect sincerity, that in this and other publications, which, if life be spared me, it is my intention shortly to commit to the press, I most anxiously wish to render myself useful and acceptable generally; but I must add especially to the learned, for learned readers are proportionably the most candid.
Typographical errors may here and there escape my diligence ; should that be the case, let me entreat forgiveness for such unintentional blemishes. In short, in every thing, I would hope to experience, as I am anxious to merit, the kind forbearance of an indulgent public.
1 i. e. By renouncing the article of appeal, and praying that the party appellant may be compelled to proceed in the principal matter.—Ed.
- ? The term allowed by the judge a quo.-Ed. C. 3 During a part or the whole of the second year.--Ed.
TABLE OF CONTENTS.
CHAPTER I. On the College of Advocates.-CHAPTER II. On the Court of
Arches.-CHAPTER III. On the Court of Audience.
Title IV. On the days observed in the Ecclesiastical Courts for judgment.-
TITLE V. Directions for opening the different Ecclesiastical Courts.
Title VIII. On the qualifications of surrogates.
Title IX. On the office and duties of registrars.