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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... commissioners , for not transmitting processes relative to the examination of witnesses . - TITLE L. On the mode of proceeding in a cause of contempt . - TITLE LI . On the exhibition of articles in a cause of contempt : and on the ...
... commissioners , for not transmitting processes relative to the examination of witnesses . - TITLE L. On the mode of proceeding in a cause of contempt . - TITLE LI . On the exhibition of articles in a cause of contempt : and on the ...
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... commissioners therein named and on the form of their accepting the task of executing the same . TITLE CXIV . On the mode of proceeding , after commissioners have taken upon themselves the office of executing the commission , supposing ...
... commissioners therein named and on the form of their accepting the task of executing the same . TITLE CXIV . On the mode of proceeding , after commissioners have taken upon themselves the office of executing the commission , supposing ...
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... commissioners . - TITLE CXXXV . On the form of proceeding on a scrutiny . XXXIII . OATHS , p . 280-286 . TITLE CXXXVI . What the oath of calumny is : and in what part of the pro- ceedings it may be administered : and how many sorts of ...
... commissioners . - TITLE CXXXV . On the form of proceeding on a scrutiny . XXXIII . OATHS , p . 280-286 . TITLE CXXXVI . What the oath of calumny is : and in what part of the pro- ceedings it may be administered : and how many sorts of ...
Page vii
... commissioners , for that he , being a divine , and having never been brought up in the science of the civil or canon law , nor having any intelligence in them , took upon him the office of chancellor , contrary to the canons and ...
... commissioners , for that he , being a divine , and having never been brought up in the science of the civil or canon law , nor having any intelligence in them , took upon him the office of chancellor , contrary to the canons and ...
Page 12
... commissioners , or auditors , to receive and take an answer , to ex- amine witnesses , and the like . - Ayliffe . • This word Judex is sometimes improperly used in the digests . ( D. 4 . 8. 41 . ) - Ayliffe . 7 In the Greek tongue ...
... commissioners , or auditors , to receive and take an answer , to ex- amine witnesses , and the like . - Ayliffe . • This word Judex is sometimes improperly used in the digests . ( D. 4 . 8. 41 . ) - Ayliffe . 7 In the Greek tongue ...
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Common terms and phrases
absence according acts of court administered admission admitted admonished adverse party adverse proctor advocates Alciat allegation ancient answer appear appointed Archbishop Arches Court assigned to hear assigned to propound bishop called canon law Canterbury cause certificate church citation cited client commis commission commissioners conclusion Conset contestation of suit contumacy costs court day Court of Arches Court of Delegates day assigned decree defendant defendant's depositions dissent ecclesiastical courts examination of witnesses exceptions execution exhibit expences given granted hear sentence interrogatories judge judge's judicial jurisdiction Lanfranc lapse libel mandate manner matter mode monition muniments notary public oath observations on tit Oughton pain petition plaintiff plenary suits pray present principal party proceed proceedings proof propound all acts prorogation protest prove province of Canterbury proxy registrar seal sect sion suit is contested summary suits term probatory thereof thereupon tion wont words
Popular passages
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...