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contain the title of that jurifdiction, which every of the faid Judges or their Deputies do execute.

125. Convenient Places to be chofen for the keeping of Courts.

ALL Chancellors, Commiffaries, Archdeacons, Officials, and all other exercifing ecclefiaftical jurifdiction, fhall appoint fuch meet places for the keeping of their courts, by the affignment or approbation of the Bishop of the diocefe, as fhall be convenient for entertainment of thofe that are to make their appearance there, and moft indifferent for their travel. And likewife they fhall keep and end their courts in fuch convenient time, as every man may return homewards in as due feafon as may be. 126. Peculiar and inferior Courts to exhibit the original Copies of Wills into the Bishop's Registry.

WI HEREAS Deans, Archdeacons, Prebendaries, Parfons, Vicars, and others, exercifing ecclefiaftical jurifdiction, claim liberty to prove the laft wills and teftaments of perfons deceafed within their feveral jurifdictions, having no known or certain Registrars, nor public place to keep their records in; by reafon whereof many wills, rights, and legacies, upon the death or change of fuch perfons, and their private Notaries, mifcarry and cannot be found, to the great prejudice of his Majefty's fubjects; we therefore order and enjoin, That all fuch poffeflors and exercifers of peculiar jurifdiction fhall once in every year exhibit into the public registry of the Bishop of the diocefe, or of the Dean and Chapter, under whole jurifdiction the faid peculiars are, every original testament of every perfon in that time deccafed, and by them proved in their feveral peculiar jurifdictions, or a true copy of every fuch teftament, exainined, fubfcribed, and fealed by the peculiar Judge and his Notary. Otherwife, if any of them fail fo to do, the Bishop of the diocefe, or Dean and Chapter, unto whom the faid jurifdictions do refpectively belong, thall fufpend the faid parties, and every of them, from the exercife of all fuch peculiar jurifdiétion, until .they have performed this our Conftitution,

Judges Ecclefiaftical, and their Surrogates.
127. The Quality and Oath of Judges.

NO man fhall hereafter be admitted a Chancellor, Commiffary, or Official, to exercite any ecclefiaftical jurifdiction, except he be of the full age of fix and twenty

years

years at the leaft, and one that is learned in the Civil and Ecclefiaftical Laws, and is at the leaft a Mafter of Arts, or Bachelor of Law, and is reasonably well practifed in the course thereof, as likewife well affected, and zealoufly bent to Religion, touching whofe life and manners no evil example is had; and except, before he enter into or execute any fuch office, he fhall take the oath of the King's fupremacy in the prefence of the Bifhop, or in the open court, and fhall fubfcribe to the Articles of Religion agreed upon in the Convocation in the year one thoufand five hundred fixty and two, and fhall alfo fwear that he will, to the uttermost of his underftanding, deal uprightly and juftly in his office, without refpect or favour of reward; the faid oaths and fubfcription to be recorded by a Regiftrar then prefent. And likewife all Chancellors, Coinmiffaries, Officials, Regiftrars, and all other that do now poffefs or execute any places of ecclefiaftical jurifdiction, or fervice, fhall before Christmas next, in the prefence of the Archbishop, or Bifhop, or in open court, under whom t or where they exercife their offices, take the fame oaths, and fubfcribe, as before is faid; or, upon refufal fo to do, fhall be fufpended from the execution of their offices, until they fhall take the said oaths, and fubfcribe as aforefaid.

128. The Quality of Surrogates.

No [O Chancellor, Commiffary, Archdeacon, Official, or any other perfon ufing ecclefiaftical jurifdiction, fhall at any time fubftitute in their abfence any to keep any court for them, except he be either a grave Minifter and a Graduate, or a licenfed public Preacher, and a beneficed man near the place where the courts are kept, or a Bachelor of Law, or a Mafter of Arts at leaft, who hath fome fkill in the Civil and Ecclefiaftical Law, and is a favourer of true Religion, and a man of modeft and honeft converfation; under pain of fufpenfion, for every time that they offend therein, from the execution of their offices, for the fpace of three months, toties quoties: and he likewise that is deputed, being not qualified as is before expreffed, and yet fhall prefume to be a Subftitute to any Judge, and fhall keep any court, as is aforefaid, fhall undergo the fame cenfure in manner and form as is before expreffed.

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Proctors.

129. Profors not to retain Caufes without the lawful Affignment of the Parties.

NONE NE fhall procure in any caufe whatsoever, unless he be thereunto conftituted 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 ftrengthened and confirmed by fome authentical feal, the party's approbation, or at least his ratification therewithal concurring. All which proxies fhall be forthwith by the faid Proctors exhibited into the court, and be safely kept and preferved by the Registrar in the public regiftry of the faid court. And if any Registrar or Proctor fhall offend herein, he fhall be fecluded from the exercife of his office for the space of two months, without hope of release or restoring. 130. Proctors not to retain Caufes without the Counsel of an Advocate.

FOR

OR leffening and abridging the multitude of fuits and contentions, as alfo for preventing the complaints of fuitors in Courts Ecclefiaftical, who many times are overthrown by the overfight and negligence, or by the ignorance and infufficiency of Proctors; and likewife for the furtherance and increafe of learning, and the advancement of Civil and Canon Law, following the laudable cuftoms heretofore obferved in the courts pertaining to the Archbishop of Canterbury; we will and ordain, that no Proctor exercising in any of them fhall entertain any cause whatsoever, and keep and retain the fame for two courtdays, without the counfel and advice of an Advocate, under pain of a year's fufpenfion from his practice; neither fhall the Judge have power to release or mitigate the said penalty, without exprefs mandate and authority from the Archbishop aforefaid.

131. Proctors not to conclude in any Cafe without the knowledge of an Advocate.

TO Judge in any of the faid courts of the Archbishop

fhall admit any libel, or any other matter, without the advice of an Advocate admitted to practise in the fame court, or without his fubfcription; neither fhall any Proctor conclude any caufe depending without the knowledge

of

of the Advocate retained and feed in the caufe: which if any Proctor fhall do, or procure to be done, or fhall by any colour whatfoever defraud the Advocate of his duty or fee, or fhall be negligent in repairing to the Advocate, and requiring his advice what courfe is to be taken in the caufe, he fhall be fufpended from all practice for the space of fix months, without hope of being thereunto reflored before the said term be fully complete.

132. Proctors prohibited the Oath, In animam domini fui. FORASMUCH as in the probate of teftaments and fuits for adminiftration of the goods of perfons dying intef tate, the oath ufually taken by Proctors of courts, In animam conflituentis, is found to be inconvenient; we do therefore decree and ordain, That every executor, or fuitor for adminiftration, fhall perfonally repair to the Judge in that behalf, or his Surrogate, and in his own perfon (and not by Proctor) take the oath accuftomed in thefe cafes. But if by reafon of fickness, or age, or any other just let or impediment, he be not able to make his perfonal appearance before the Judge, it fhall be lawful for the Judge (there being faith firit made by a credible perfon, of the truth of his faid hindrance or impediment) to grant a commiffion to fome grave Ecclefiaftical Perfon, abiding near the party aforefaid, whereby he fhall give power and authority to the faid Ecclefiaftical Perfon, in his ftead, to minifter the accustomed oath abovementioned to the executor, or fuitor for fuch adminiftration, requiring his faid fubftitute, that by a faithful and trufty meffenger he certify the faid Judge truly and faithfully what he hath done therein. Laftly, we ordain and appoint, That no Judge or Registrar fhall in any wife receive for the writing, drawing, or fealing of any fuch commiflion, above the fum of fix fhillings and eight pence; whereof one moiety to be for the Judge, and the other for the Registrar of the faid court.

FORA

133. Proctors not to be clamorous in Court.

ORASMUCH 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 offenfive to the Judges and Advocates, but also give occafion to the ftanders by, of contempt and calumny toward the court itfelf; that more refpect may be had to the dignity of the Judge than heretofore, and that caufes may more cafily and commodiously be handled and difpatched, we charge and enjoin, That all Proctors in the

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faid

faid courts do efpecially intend, that the acts be faithfully entered and fet down by the Regiftrar, according to the advice and direction of the Advocate; that the faid Proctors refrain loud fpeech and babbling, and behave themfelves quietly and modeftly: and that when either the Judges or Advocates, or any of them, fhall happen to speak, they prefently be filent, upon pain of filencing for two whole terms then immediately following every fuch offence of theirs. And if any of them fhall the fecond time offend herein, and after due monition fhall 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 Subftitute whatsoever, fhall receive any certificate without the knowledge and confent of the Judge of the court, or willingly omit to caufe any perfon 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 fet and affigned by the Judge; or do not obey and obferve the judicial and lawful monition of the faid Judge; or omit to write, or cause to be written, fuch citations and decrees as are to be put in execution, and fet forth before the next court-day; or fhall not caufe all teftaments exhibited into his office to be registered within a convenient time; or fhall fet down or enact, as decreed by the Judge, any thing falfe, or conceited by himfelf, and not fo ordered or decreed by the Judge; or, in the tranfmiffion of proceffes to the Judge ad quem, fhall add or infert any falfehood or untruth, or omit any thing therein, either by cunning, or by grofs negligence; or in caufes of inftance, or promoted of office, fhall 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 elfe maliciously, or fraudulently, whereby the faid Ecclefiaftical Judge, or his proceedings, may be flandered or defamed; we will and ordain, That the faid Registrar, or his Deputy or Substitute, offending in all or any of the premiffes, fhall by the Bishop of the diocese be fufpended from the exercife of his office for the fpace of one, two, or three months, or more, according to the quality of his offence; and that the faid Bifhop fhall affign fome other Public Notary to execute and discharge all things pertaining

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