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 |
From inside the book
Results 1-5 of 77
Page
... protest which must , in that case , be given in . XXIII . SECURITY , p . 171 , 172 . 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 ...
... protest which must , in that case , be given in . XXIII . SECURITY , p . 171 , 172 . 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 ...
Page
... protest of the defendant at the time of his production . - 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 ...
... protest of the defendant at the time of his production . - 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 ...
Page
... protest which are required to be added at the conclusion of the interrogatories . - TITLE CX . On the mode and form of examining witnesses by the registrar : and on the repetition of the depo- sitions before the judge . - TITLE CXI . On ...
... protest which are required to be added at the conclusion of the interrogatories . - TITLE CX . On the mode and form of examining witnesses by the registrar : and on the repetition of the depo- sitions before the judge . - TITLE CXI . On ...
Page
... protest of appeal by the unsuccessful party . - TITLE CLVI . How nullity of sentence , or any other nullity , may be pleaded before the judge himself against whom the nullity is directed , or before a superior judge . - TITLE CLVII ...
... protest of appeal by the unsuccessful party . - TITLE CLVI . How nullity of sentence , or any other nullity , may be pleaded before the judge himself against whom the nullity is directed , or before a superior judge . - TITLE CLVII ...
Page 32
... protests , that he makes the petition without a revocation of the proxy , which had been previously con- stituted . See title 114 , § 4 , 5 . 2. However , after any petition by the principal party , ( even in cases where no revocation ...
... protests , that he makes the petition without a revocation of the proxy , which had been previously con- stituted . See title 114 , § 4 , 5 . 2. However , after any petition by the principal party , ( even in cases where no revocation ...
Contents
251 | |
273 | |
280 | |
286 | |
295 | |
304 | |
312 | |
320 | |
106 | |
117 | |
123 | |
147 | |
159 | |
165 | |
200 | |
207 | |
228 | |
332 | |
336 | |
340 | |
343 | |
347 | |
352 | |
354 | |
375 | |
Other editions - View all
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...