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contain the title of that jurisdiction, which every of the faid Judges or their Deputies do execute.
125. Convement Places to he chofen for the keeping of Courts.
ALL Chancellors, Commiffaries, Archdeacons, Ossicials, and all other exercising ecclesiastical jurisdiction, shall appoint fuch meet places for the keeping of their courts, by the assignment or approbation of the Biihop of the diocese, as shall be convenient for entertainment of those that are to make their appearance there, and molt indifferent for their travel. And likewise they sliall keep and end their courts in such convenient time, as every man may return homewards in as due season as may be.
Ii6. Peculiar and inferior Courts to exhibit the original
Copies of Wills into the BijJ.'op's Registry. "IXTHEREAS Deans, Archdeacons, Prebendaries, Par* * sons, Vicars, and others, exercising ecclesiastical jurisdiction, claim liberty to prove the last wills and testaments of persons deecaied within their several juriidictions, having no known or certain Registrars, nor public place to keep their records in; by reason whereof many wills, rights, and legacies, upon the death or change of fuch persons, and their private Notaries, miscarry and cannot be found, to the great prejudice of his Majesty's subjects; we therefore order and enjoin, That all such poltcsiors and exercisers of peculiar jurisdiction sliall once in every year exhibit into the public registry of the Bishop of the diocese, or of the Dean and Chapter, under whose jurisdiclion the faid peculiars are, every original testament of every person in that time deceased, mid by them proved in their several peculiar jurisdictions, or a true copv of every such testament, examined, subscribed, and sealeo- by the peculiar Judge and his Notary. Otherwise, if any of them fail so to do, the Bishop of the diocele, or Dean and Chapter, unto whom the faid jurisdictions do respectively belong, shall suspend the said parties, and every of them, from the exercise of all such peculiar jurisdiction, until • they have performed this our Constitution,
Judges Ecclesiastical, and their Surrogates.
127. The Quality and Oath of Judges.
NO man shall hereafter be admitted a Chancellor, Commiffar)-, or Ossicial, to exercise any ecclesiastical ju'risdiction, except he be os the full age of fix and twenty' year* Vears at the least, and one that is 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 lise and manners no evil example is had; and except, before he enter into or execute any such ossice, he shall take the oath of the King's supremacy in the presence of the Bishop, or in the open court, and shall subscribe to the Articles of Religion agreed upon in the Convocation in the year one thoufand sive hundred sixty and two, and mail also swear that he will, to the uttermost of his understanding, deal uprightly and justly in his ossice, without respect or favour of reward; the faid oaths and subscription to be recorded by a Registrar then present. And likewise all Chancellors, Commiffaries, Ossicials, Registrars, and all other that do now poffess or execute any places of ecclesiastical jurisdiction, or service, shall before Christmas next, in the presence of the Archbishop, or Bishop, or in open court, under whom or where they exercise their ossices, take the fame oaths, and subscribe, as before is faid; or, upon refufal so to do, shall be suspended from the execution of their ossices, until they shall take the faid oaths, and subscribe as aforefaid. Proctors.
128. The Qualify of Surrogates.
"VTO Chancellor, Commiffary, Archdeacon, Ossicial, or any other person using ecclesiastical jurisdiction, shall at any time substitute in their absence any to keep any court for them, except he be either a grave Minister and a Graduate, or a licensed public Preacher, and a benesiced 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 Religion, and a man of modest and honest converfation; under pain of suspension, for every time that they offend therein, from the execution of their ossices, for the space of three months, toties qmties: and he likewise that is deputed, being not qualisied as is before expreffed, and yet shall presume to be a Substitute to any Judge, and shall keep any court, as is aforefaid, shall undergo the fame cenlure in manner and form as is before exprelled.
129. Proclors not to retain Causes without the lawful Assign
ment of the Parties.
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 fuit, he be by a true and sussicient proxy thereunto warranted and enabled. We call that proxy sussicient, which is strengthened and consirmed by some authentical seal, the party's approbation, or at least his ratisication therewithal concurring. All which proxies shall be forthwith by the faid Proctors exhibited into the court, and be fasely kept and preserved by the Registrar in the public registry of the faid court. And if any Registrar or Proctor shall offend herein, he shall be secluded from the exercise of his ossice for the space of two months, without hope of release or restoring.
130. Proctors not to retain Causes without the Counsel of an
T^OR leffening 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 insussiciency 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 fame for two courtdays, without the counsel and advice of an Advocate, under pain of a year's suspension from his practice; neither sliall the Judge have power to release or mitigate the faid penalty, without express mandate and authority from the Archbishop aforefaid.
131. Proclors not to conclude in any Case without the kno-iu
ledge of an Advocate.
"VTO Judge in any of the faid courts of the Archbishop sliall admit any libel, or any other matter, without the advice of an Advocate admitted to practise in the fame court, or without his subscription; neither shall any Proctor conclude any cause depending without the knowledge of the Advocate retained and seed in the cause: which if any Proctor siiall do, or procure to be done, or (hall by any colour whatsoever defraud the Advocate of his duty or see, or shall be negligent in repairing to the Advocate, and requiring his advice what course is to be taken in the cause, lie shall be suspended from all practice for the space of six months, without hope of being thereunto resiored before the faid term be fulty complete.
132. ProStors prohibited the Oath, In animam dominisui.
"C'ORASMUCH as in the probate of testaments and suits *- for administration of the goods of persons dying intestate, the oath usually taken by Proctors of courts, In animam conjlitucntis, is found to be inconvenient; we do therefore decree and ordain, That every executor, or fuitor for administration, sliall personally repair to the Judge in that behalf, or his Surrogate, and in his own person (and not by Proctor) take the oath accustomed in these cases. But if by reason of sickness, or age, or any other just let or impediment, he be not able to make his personal appearance before the Judge, it shall be lawful for the Judge (there being faith sirst made by a credible person, of the truth of his faid hindrance or impediment) to grant a commission to some grave Ecclesiastical Person, abiding near the party aforefaid, whereby he shall give power and authority to the faid Ecclesiastical Person, in his stead, to minister the accustomed oath abovementioned to the executor, or fuitor for such administration, requiring his faid substitute, that by a faithful and trusty meslenger he certify the faid Judge truly and faithfully what he hath done therein. lastly, we ordain and appoint, That no Judge or Registrar shall in any wise receive for the writing, drawing, or sealing of any such commission, above the sum ot six shillings and eight pence; whereof one moiety to be for the Judge, and the other for the Registrar of the faid court.
13 3. Proilors not to he clamorous in Court.
FORASMUCH as it is found by experience, that the loud and confused cries aud clamours of Proctors in the courts of the Archbishop are not only troublesome and ofsensive to the Judges and Advocates, but also give occasion to the standers by, of contempt and calumny toward the court itself; that more respect may be had to the dignity of the Judge than heretofore, and that causes may more easily and commodiousty be handled and dispatched, we charge aud enjoin, That all Proctors in the
P p Z said. taid courts ilo especially intend, that the acts be faithfully entered and set down by the Registrar, according to the advice and direction of the Advocate; that the said Proctors refrain loud speech and babbling, and behave themselves quietly and modestly: and that when either the Judges or Advocates, or any of them, shall happen to speak, they presently be silent, upon pain of silencing for two whole terms then immediately following every such ofsence of theirs. And if any of them shalsthe second time offend herein, and after due monition shall not reform himself, let him be for ever removed from his practice.
IF any Registrar, or his Deputy or Substitute whatsoever, shall receive any certisicate without the knowledge and consent of the Judge of the court, or willingly omit to cause any pcrson cited to appear upon any court-day, to be called; or unduly put off and deser the examination of witneffes 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 faid 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 court-day; or shall not cause all testaments exhibited into his ossice to be registered within a convenient time; or shall let down or enact, as decreed by the Judge, any thing false, or conceited by himself, and not so ordered or decreed by the Judge; or, in the transmission of proceffes to the Judge ad quem, shall add or insert any falsehood or untruth, or omit any thing therein, either by cunning, or by gross negligence; or in causes of instance, or promoted of ossice, shall receive any reward in favour of either party; or be of counsel directly or indirectly with either of the parties in suit; or in the execution of their ossice shall do aught else maliciously, or fraudulently, whereby the faid Ecclesiastical Judge, or his proceedings, may be slandered or defamed; we will and ordain, That the faid Registrar, or his Deputy or Substitute, offending in all or any of the
iiremiffes, shall by the Bishop of the diocese be suspended "rom the exercise of his ossice for the space of one, two, or three months, or more, according to the quality of his offence; and that the faid Bishop sliall assign some other Public Notary to execute and discharge all things per