66 common right, by the king's letters, nor none other "man's, nor for any other cause; and in case any letters "come to you contrary to the law, that ye do nothing "by such letters but certify the king thereof, and pro"ceed to execute the law notwithstanding the same let"ters. And that ye shall do and procure the profit of "the king, and of his crown, with all things where ye may reasonably do the same. And in case ye be from "henceforth found in default in any of the points afore"said, ye shall be at the king's will of body, lands and "goods, thereof to be done as shall please him. As "God you help, and all saints." The 20 Edw. 3. c. 3. 20 Fdw.3. c. 3. E. & I. further provides, that all justices assigned to take Justices of asassizes in the country, and deliver the gaols, and such as anoth shall be associated to them, shall make oath as shall be enjoined by the council in chancery, before any commission be to them delivered. E. & I. size, Sac. to take CHAP IV. Of Courts Ecclesiastical, Military, and terminable by jurisdiction, shall jurisdiction. THE jurisdiction usurped by the Pope in ecclesiastical matters was restored to the crown, by the 24 Hen. 8. All causes de c. 12. Eng. which enacts (s. 2.) that all causes testamen- any spiritual tary, causes of matrimony and divorce, rights of tithes, be adjudged oblations and obventions, shall be heard, adjudged, and within the king's determined, within the king's jurisdiction: Also, all 24 Hen. 3.c.12. spiritual prelates, pastors, ministers, and curates, within this realm, shall minister all sacraments, divine services, and other things, within the realm, to all the subjects of the same; any foreign citations, inhibitions, suspensions, interdictions, excommunications, or appeals, for any of the causes aforesaid, from or to the See of Rome notwithstanding. Eng: s. 5. In what courts sued. s. 6. s. 7. c. 19. infra. s. 9. Appeals in causes touching the king. notwithstanding. And by s. 5. in cases where the king's subjects have used to pursue any appeal to the See of appeals shall be Rome, and in all other cases of appeals for any of the cases aforesaid, they may have their appeals within this realm, viz: from the archdeacon, or his official, to the bishop diocesan: And by s. 6. if it be commenced before the bishop diocesan or his commissary, within 15 days next ensuing the sentence, to the archbishop of the province. By s. 7. if the matter be commenced before the archdeacon of any archbishop, or his commissary, the party grieved may take his appeal, within 15 days after sentence, to the court of arches or audience of the archbishop; and from the said court, within 15 days *Vide25 Hen.8. after sentence, to the archbishop of the province, [*to be finally determined without any farther appeal.] And by s. 9. in case any cause shall come in contention for any of the same causes in the aforesaid courts which may touch the king, the party grieved may appeal from any of the said courts, to the spiritual prelates of the upper house in the convocation next ensuing within the province, so that such appeal be taken within 15 days after 25 Hen. 8.c.19. sentence given. By the 25 Hen. 8. c. 19. s. 4. Eng. for lack of justice in the court of the archbishops, it shall be Appeals from lawful to appeal to the king's court of chancery; and the archbishop's upon such appeal a commission shall be directed under the great seal to persons named by the king, as in cases of appeal from the admiral's court, to hear and determine such appeals; and such sentence as the commissioners shall decree shall be definitive; and no further appeal be had. By s. 6. as to appeals from the jurisdictions of any heads of houses and places exempt, in such cases as they might afore this act have immediately any appeal to the See of Rome, such persons may take their appeals immediately to the king into the court of chancery, which appeals shall be definitively determined by authority under the king's commission as above mentioned. No statute in Ireland has established the same gradation of appeals from the several ecclesiastical courts, as was provided by the 24 Hen. 8. c. 12. Eng. supra. The 28 Hen. 8. c. 6. Ir. contained a provision s. 4. Eng. court. s. 6. Appeals from places exempt. nearly nearly similar to the 25 Hen. 8. c. 19. s. 4. Eng. supra ; Ir. but this Irish statute was repealed by the 28 Geo. 3. 28 Geo. 3.c.32. c. 32. Ir. which enacts, that for lack of justice in any of the courts of the archbishops of this realm, the parties Upon appeals to grieved may appeal to the king in his court of chancery ; chancery from archbishop's and upon such appeal a commission shall be directed, court, commissioners appointunder the great seal of this kingdom, to such persons as ed. shall be named by the king in his court of chancery, to hear and definitely determine such appeals, and the causes and circumstances concerning the same, and in such form as hath been used on appeals to the king in his court of chancery; and such judgment and sentence as the said commissioners shall make and decree upon any such appeal, shall be definitive, and no farther appeal be had from the same. married. 37 Hen. 8.c.17. By the 37 Hen. 8. c. 17. Eng. all persons being doc- Doctors of civil tors of the civil law lawfully made in any university, law may exercise ecclesiastical juwhich shall be deputed to be any chancellor, vicar- risdiction though general, commissary, official, scribe or register, by the king, or by any bishop or other person having authority Eng. to make any chancellor, &c. may lawfully exercise a'l manner of ecclesiastical jurisdiction, and all censures and coercions belonging unto the same, albeit such persons be lay, married or unmarried. This statute has not been followed or adopted in Ireland. siastical courts. It has been made a question whether Roman Catholics Catholics disabled from being are capable of practising in the ecclesiastical courts. advocates or The 31 Geo. 3. c. 32. s. 22. Eng. which dispenses with proctors in ecclethe taking the oath of supremacy, and subscribing the 2u.? declaration against popery, as a qualification for acting. 24. Eng. as counsellor at law, barrister, attorney, solicitor, clerk, 1 Gro. 1. st. 2. c. 13. Eng. or notary, omits, in its enumeration, advocates and proctors, that were included in the disabling statutes 7 & 8 W. 3. 7 & 8 W. 3. c. 24. Eng. and I Geo. 1. st. 2. c. 13. Eng.** Vide page 30. In Ireland papists were expressly excluded by the 6 Ann. c. 6. Ir.† from practising as solicitors, &c. in any eccle siastical court; and by the 1 Geo. 2. c. 20. Ir.† from ride page 31. being admitted to the bar, or practising as solicitors, &c. in any of his majesty's courts of law or equity: But these statutes were so far virtually repealed by the 32 Geo. 3. 4. Eng. also. Qu.? 32 Geo. 3. c. 21. s. 1. Ir. which enables catholics to become barristers at law, and to practise as attornies, solicitors, and notaries, upon their taking the oath of allegiance contained in the 13 & 14 Geo. 3 c. 35. Ir. These disabling Irish statutes, and this relaxing act, do none of them expressly mention advocates or proctors: but by 3W. & M. c.2. 3 W. & M. c. 2. s. 4. Eng. every barrister, attorney, 21 & 22 Geo.3. clerk or officer in chancery, or any other court, were rec. 48. s. 3. Ir. quired to take the oath of supremacy, and to make and And in Ireland subscribe the declaration against popery, before they should be admitted to enjoy or exercise any place or office, or to practise or plead in any court of law or equity, or other court of record or not of record: and this EngJish statute which was made to bind Ireland was adopted by the 21 & 22 Geo. 3. c. 48. s. 3. Ir. A question therefore results, whether by the 32 Geo. 3. c. 21. s. 1. Ir. supra, or by the 33 Geo. 3. c. 21, s. 1. Ir. ante vol. 1. p. 503. (which latter statute repeals the disabilities of catholics in general with certain exceptions) Roman catholics are capable of practising or pleading as proctors or advocates in the ecclesiastical courts, (upon taking the oaths, &c. required by the 32 Geo. 3. c. 21. Ir. or 33 Geo. 3. c. 21, Ir.) from which privileges they seem to be still excluded in England. No person shall For the better prevention of illiterate and inexperiact as notary enced persons being admitted to the faculty of public public unless duly admitted, notaries in England; the 41 Geo. 3. c. 79. s. 1. E. enacts, 41Geo. 3. c.79. that no person shall act as a public notary, or do s. 1. E. 9.2. Previous ape any no tarial act, unless duly sworn, admitted, and inrolled, in manner herein directed. And by s. 2. no person shall be sworn, &c. as a notary, unless such person shall have prenticeship re- been bound by contract in writing or indenture of apquire.l. prenticeship, to serve as a clerk or apprentice, for 7 years to a public notary, or to a person using the art of a scrivener (according to the custom of the city of London, such scrivener being also a notary public) duly sworn, &c; and that such person shall, during said 7 years, have continued in such service; and unless such person shall, within 3 months after the date of such contract, &c. cause an affidavit to be made by one of the subscribing witnesses, Affidavit required, of ficers. S. 4. tice but while he s. 7: of the execution of such contract, &c. by such notary, &c. and the person so bound; and in such affidavit shall be specified the names of such notary, &c. and of such person so bound, and their places of abode, together with the date of such contract, &c.; and such affidavit shall be sworn and filed in the court where such notary shall have been inrolled, with the proper officer, or his deputy, who shall make a memorandum of the day of filing such affidavit on the back or bottom of such contract, &c. And by s. 3. such affidavit shall be openly read in s. 3. Affidavit to be court, at the time of such person's admission and inrol- read in court of ment. By s. 4. the master of the faculties of the arch-faculties. bishop of Canterbury in London, his surrogate or com- Officers for tak missioners, shall be the proper officers for taking and fil- ing, &c. such affidavits. ing such affidavits. By s. 5. the duty of such officer in $ 5. filing such affidavits is prescribed, and his fees in respect Duty of such ofthereto regulated. By s. 6. no public notary, &c. shall s. 6. take any clerk, &c. after such notary shall have discon- No notary to tinued, or during such time as he shall not practise, the have an appren business of a notary. And by s. 7. every person so shall practise. bound shall during the whole time of his apprenticeship, Apprentices to or 7 years at least, continue and be employed in the serve actually T business of a notary. Provided, (s. 8.) that if such no- s. 8. tary, &c, to whom such person shall be bound, shall In cases of death die before the expiration of such term, or disconti- residue of term nue his practice; or if such contract, &c. shall by may be served mutual consent be cancelled; or in case such clerk, &c. shall be legally discharged before the expiration of such term; and shall in any of said cases be bound by another contract, &c. to serve as clerk, and shall serve as clerk &c. as aforesaid, during the residue of said term of 7 years, such service shall be good; so as an affidavit may be made and filed of the execution of such second or other contract, in manner herein before directed concerning such original contract. By s. 9. every person who shall become bound as clerk, &c. shall, before he Affidavit of ser vice required. be admitted, &c. a notary, make and file with the proper officer, (or cause the notary to whom he was bouud to make and file) an affidavit that he hath served and been employed by such notary during the whole term of 7 years. By s. 10. if any notary shall act as such, or years. of master, &c. with another. S. 9. s. 10. |