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shall be fufpended from the execution of their offices, until they shall take the said oaths, and subscribe as aforesaid.
128. The Quality of Surrogates. No Chancellor, Commiffary, Archdeacon, Oficial, or
any other person using ecclefiaftical jurisdiction, thall 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 beneficed man near the place where the courts are kept, or a Bachelor of Law, or a Master of Arts at least, who hath fome skill in the Civil and Ecclesiastical Law, and is a favourer of true Religion, and a man of modest and honest conversation; under pain of fufpenfion, for every time that they offend therein, from the execution of their offices, for the space of three months, toties quoties : and he likewise that is deputed, being not qualified as is before expressed, and yet shall presume to be a Substitute to any Judge, and shall keep any court, as is aforesaid, shall undergo the same cenfure in manner and form as is before expressed.
129. Proktors not to retain Causes without the lawful Align
ment of the Parties. NONE
fhall 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 unlefs, in the beginning of the fuit, he be by a true and fufficient proxy thereunto warranted and enabled. We call that proxy fufficient, which is strengthened and confirmed by fome authentical seal, the party's approbation, or at least his ratification therewithal concurring. All which proxies shall be forthwith by the faid Proctors exhibited into the court, and be safely kept and preserved by the Registrar in the public registry of the said court. And if any Registrar or Proctor shall offend herein, he fhall be fecluded from the exercise of his office for the space of two months, without hope of release or restor
230. Proctors not to retain Causes without the Counsel of an
Advocate. 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 infufficiency 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 Proc. tor 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 shall the Judge have power to release or mitigate the said penalty, without express mandate and authority from the Archbishop aforesaid.
131. Pro&ors not to conclude in any Case without the know
ledge of an Advocate. N Judge in any of the said courts of the Archbishop
shall admit any libel, or any other matter, without the advice of an Advocate admitted to practise in the same court, or without his subscription ; neither shall any Proctor conclude any caufe 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 hope of being thereunto restored before the said term be fully complete.
132. Proctors probibited the Oatb, In animam domini fui. FORASMUCH as in the probate of teñamients and suits
for administration of the goods of persons dying inteltate, the oath usually taken by Proctors of courts, In ani. mam constituentis, is found to be inconvenient; we do therefore decree and ordain, That every executor, or fuitor for administration, shall personally repair to the Judge in that behalf, or his Surrogate, and in his own person (and not
by by Proctor) take the oath accustomed in these cases. But if by reason of fickness, or age, or any other just let or impediment, he be not able to make his personal appear. ance before the Judge, it shall be lawful for the Judge (there being faith first made by a credible person, of the truth of his faid hindrance or impediment) to grant a commission to some grave Ecclefiaftical Person, abiding near the party aforesaid, whereby he thall give power and authority to the said Ecclesiastical Person, in his stead, to minifter the accustomed oath abovementioned to the executor, or suitor for such administration, requiring his said substitute, that by a faithful and trusty messenger he certify the said 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 commiffion, above the lum of fix shillings and eight pence; whereof one moiety to be for the Judge, and the other for the Registrar of the said court.
133. Proctors not to be clamorous in Court.
FORASMUCH as it is found by experience, that the
loud and confused cries and clamours of Proctors in the courts of the Archbishop are not only troublesome and offensive 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 commodiously be handled and dispatched, we charge and enjoin, That all Proctors in the said courts do especially intend, that the acts be faithfully entered and let 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, thall happen to speak, they presently be filent, upon pain of filencing for two whole terms then immediately following every such offence of theirs. And if any of them shall the second time offend herein, and after due monition shall not reform himself, let him be for ever removed from his practice.
Registrars. 134. Abuses to be reformed in Registrars. If any Registrar, or his Deputy or Substitute whatsoever,
shall receive any certificate without the knowledge and consent of the Judge of the court, or willingly omit to cause any person cited to appear upon any court-day, to be called ; or unduly put off and defer the examination of witnesses to be examined by a day set and affigned by the Judge ; or do not obey and observe the judicial and lawful monition of the said Judge; or omit to write, or caufe to be written, such citations and decrees as are to be put in execution, and set forth before the next court-day; or fhall not cause all testaments exhibited into his office to be Tegistered within a convenient time; or shall fet down or enact, as decreed by the Judge, any thing false, or conceited by himself, and not fo ordered or decreed by the Judge; or, in the transmission of processes to the Judge ad quem, shall add or infert any falsehood or, untruth, or omit any thing therein, either by cunning, or by gross negligence; or in causes of instance, or promoted of office, shall receive any reward in favour of either party; or be of counsel directly or indirectly with either of the parties in fuit; or in the execution of their office shall do aught else maliciously or fraudulently, whereby the said Ecclefiaftical Judge, or his proceedings, may be slandered or defamed; we will and ordain, That the said Registrar, or his Deputy or Substitute, offending in all or any of the premises, Thall by the Bishop of the diocese be suspended from the exercise of his office for the space of one, two, or three months, or more, according to the quality of his offence ; and that the said Bishop shall assign some other Public Notary to execute and discharge all things pertaining to his office, during the time of his faid fufpenfion.
135. A certain Rate of Fees due to all Ecclefiaftical Officers. No ,
deacon, Official, nor any other exercising ecclefiaftical jurisdi&tion whatsoever, nor any Registrar of any
Ee. clesiastical Courts, nor any Minister belonging to any of the said offices or courts, shall hereafter, for any cause incident to their several offices, take or receive any other or greater fees, than such as were certified to the most reverend Father in God, John late Archbishop of Canterbury, in the
year of our Lord God one thousand five hundred ninety and seven, and were by him ratified and approved ; under pain, that every such Judge, Officer, or Minister offending herein, shall be suspended from the exercise of their several offices for the space of fix months, for every such offence. Always provided, That if any question shall arise concerning the certainty of the said fees, or any of them, then those fees shall be held for lawful, which the Archbishop of Canterbury for the time being shall under his hand approve, except the statutes of this realm before made do in any particular case express some other fees to be due. Provided furthermore, That no fee or money shall be received either by the Archbishop, or any Bishop, or Suffragan, either directly or indirectly, for admitting of any into sacred orders ; nor that any other person or perfons under the said Archbishop, Bishop, or Suffragan, fhall for parchment, writing, wax, fealing, or any other respect thereunto appertaining, take above ten fhillings, under such pains as are already by law prescribed,
136. A Table of the Rates and Fees to be set up in Courts
W TE do likewise constitute and appoint, That the Re
gistrars belonging to every such Ecclefiaftical Judge shall place two tables, containing the several rates and sums of all the said fees ; one in the usual place or confistory where the court is kept, and the other in his registry; and both of them in such fort, as every man, whom it concerneth, may without difficulty come to the view and perusal thereof, and take a copy of them : the same tables to be set up before the Feast of the Nativity next ensuing. And if any Registrar shall fail to place the said tables according to the tenor hereof, he shall be suspended from the execution of his office, until he cause the same to be accordingly done: and the said tables being once set up,
if he shall at any time remove, or suffer the same to be removed, hidden, or any way hindered from light, contrary to the true meaning of this Constitution, he shalí for every such offence be suspended from the exercise of his office for the space of six months,