the first two acts as to various regulations | in 1831, was signed by the archbishop of and details. In each of the acts for carrying into effect the recommendations of the Ecclesiastical Commissioners, vested interests are specially protected. From a return presented to Parliament, it appears that, down to May 1st, 1844, the number of benefices and churches whose incomes had been augmented by the Ecclesiastical Commissioners for England, was 496, and that the annual augmentation amounted to the sum of 25,7791. There is in Ireland a body styled the Ecclesiastical Commissioners, who were appointed under the act 3 & 4 Wm. IV. c. 37 (Church Temporalities Act'), and are empowered to receive the incomes of bishoprics on their becoming extinct in pursuance of the abovementioned act. Canterbury, and three of the bishops, the two chief justices, the chief baron, and several other persons of authority and eminence. This report gives the most correct and authentic account which exists of: 1, The nature of the ecclesiastical courts. 2, Of the course of proceeding in ecclesiastical suits; and 3, The nature of the processes, practice and pleadings of the ecclesiastical courts. The report in question has been almost solely used in the present article with such abridgment and slight alterations, as were necessary to bring it within the requisite space which could be devoted to the subject. The ordinary ecclesiastical courts are1. The Provincial Courts, being, in the province of Canterbury, the Court of Arches, or Supreme Court of Appeal, the ECCLESIASTICAL COURTS. Prerogative or Testamentary Court, and Courts in which the canon law is admi- the Court of Peculiars; and in the pronistered [CANON LAW], and causes ec- vince of York, the Prerogative or Tesclesiastical determined. Coke, in treat-tamentary Court, and the Chancery Court; ing of the distinction between temporal and spiritual causes, says:-" And as in temporal causes, the king, by the mouth of his judges in his courts of justice, doth judge and determine the same by the temporal laws of England; so in causes ecclesiastical and spiritual, as, namely, blasphemy, apostacy from Christianity, heresies, schisms, ordering admissions, institutions of clerks, celebration of divine service, rights of matrimony, divorces, general bastardy, subtraction and right of tithes, oblations, obventions, dilapidations, reparation of churches, probate of testaments, adminitration and accounts upon the same, simony, incests, fornications, adulteries, solicitation of chastity, pensions, procurations, appeals in ecclesiastical causes, commutation of penance, and others, (the cognizance whereof belongeth not to the common laws of England,) the same are to be decided and judged by ecclesiastical judges according to the king's ecclesiastical laws of this realm." In July, 1830, a Commission was appointed to inquire into the Practice and Jurisdiction of the Ecclesiastical Courts in England and Wales. The Report of the Commissioners, which was presented 2. the Diocesan Courts, being the consistorial court of each diocese, exercising general jurisdiction; the court or courts of one or more commissaries appointed by the bishop, in certain dioceses, to exercise general jurisdiction, within prescribed limits; and the court or courts of one or more archdeacons, or their officials, who exercise general or limited jurisdiction, according to the terms of their patents, or to local custom. 3. There are also Peculiars of various descriptions in most dioceses, and in some they are very numerous: royal, archiepiscopal, episcopal. decanal, sub decanal, prebendal, rectorial and vicarial; and there are also some manorial courts, which exercise testamentary jurisdiction. The Provincial courts of the archbishop of Canterbury, and the archbishop of York, are independent of each other; the process of one province does not run into the other, but is sent by a requisition from the court of one province to the local authority of the other, for execution, when it is necessary. The appeal from each of the provincial courts lies to the Judicial Committee of Privy Council; but before the passing of the statute 2 & 3 Wm. IV. c. 92, the ap peal was to the king, and a commission | twenty-one dioceses, and therein the dioissued under the Great Seal in each indi- cese of Canterbury itself, where the orvidual case of appeal, to certain persons dinary episcopal jurisdiction is exercised or delegates, to hear and determine the by a commissary, in the same manner as matter in contest. [DELEGATES, COURT in other dioceses. OF.] Of the three Archiepiscopal Courts of Canterbury, the Arches Court is the first. [ARCHES, COURT OF.] This court exercises the appellate jurisdiction from each of the diocesan and most of the peculiar courts within the province. It may also take original cognizance of causes by.letters of request, from each of those courts; and it has original jurisdiction, for subtraction of legacy given by wills proved in the Prerogative Court of Canterbury. The Prerogative Court has jurisdiction of all wills and administrations of personal property left by persons having bona notabilia, or effects of a certain value, in divers ecclesiastical jurisdictions within the province. A very large proportion, not less than four fifths of the whole contentious business, and a very much larger part of the uncontested, or as it is termed commonform business, is dispatched by this court. Its authority is necessary to the administration of the effects of all persons dying possessed of personal property to the specified amount within the province, whether leaving a will or dying intestate; and from the very great increase of personal property, arising from the public funds and the extension of the commercial capital of the country, the business of this jurisdiction, both as deciding upon all the contested rights, and as registering all instruments and proofs in respect of the succession to such property, is become of very high public importance. The Court of Peculiars, which is the third Archiepiscopal Court of Canterbury, takes cognizance of all matters arising in certain deaneries: one of these deaneries is in the diocese of London, another in the diocese of Rochester, another in the diocese of Winchester, each comprising several parishes; and some others, over which the archbishop exercises ordinary jurisdiction, and which are exempt from and independent of the several bishops within whose dioceses they are locally situated. The province of Canterbury, includes The province of York includes five dioceses, besides that of Sodor and Man, and the archiepiscopal jurisdiction is exercised therein much in the same manner as in the province of Canterbury. The Diocesan Courts take cognizance of all matters arising locally within their respective limits, with the exception of places subject to peculiar jurisdiction. They may decide all matters of spiritual discipline; they may suspend or deprive clergymen, declare marriages void, pronounce sentence of separation à mensâ et thoro, try the right of succession to personal property, and administer the other branches of ecclesiastical law. The Archdeacon's Court is generally subordinate, with an appeal to the bishop's court; though in some instances it is independent and co-ordinate. The archdeacons' courts, and the various peculiars already enumerated, in some instances take cognizance of all ecclesiastical matters arising within their own limits, though the jurisdiction of many of the peculiar courts extends only to a single parish: the authority of some of them is limited to a part only of the matters that are usually the subject of ecclesiastical cognizance; several of the peculiars possess voluntary, but not contentious, jurisdiction. The total number of courts which exercise any species of ecclesiastical jurisdiction in England and Wales is 372, which may be classed as follows:Provincial and diocesan courts Courts of bishops' commissaries Archidiaconal courts PECULIAR JURISDICTIONS. Royal Decanal, subdecanal, &c. Rectorial and vicarial 36 14 37 11 44 44 88 63 17 48 In 1843 the gross fees, salaries, and emoluments of the judges, deputy judges, registrars, deputy-registrars, and all other officers in the ecclesiastical courts of England, Wales, and Ireland, amounted to 120,513., as follows: England £. 101,171 4,882 14,459 The ecclesiastical jurisdiction comprehends causes of a civil and temporal nature; some partaking both of a spiritual and civil character, and, lastly, some purely spiritual. In the first class are testamentary causes, matrimonial causes for separation and for nullity of marriage, which are purely questions of civil right between individuals in their lay character, and are neither spiritual nor affect the church establishment. The second class comprises causes of a mixed description, as suits for tithes, church-rates, seats, and faculties. As to tithes, however, the courts of common law can restrain the ecclesiastical courts from trying any cases of modus or prescription, if either of the parties apply for a prohibition. The canon law has been practised in the Ecclesiastical courts as a distinct profession for upwards of three centuries. The rules for the admission of advocates are given in BARRISTER, p. 317. The residence of the judges and advocates, and the proper buildings for holding the Ecclesiastical and Admiralty Courts, are at Doctors' Commons, the site of which was purchased by some members of this body in 1567. [DOCTORS' COMMONS.] The members of the society were incorporated in 1768 by a royal charter, under the name of "The College of Doctors of Laws exercent in the Ecclesiastical and Admiralty Courts." The proctors discharge duties similar to those of solicitors and attorneys in other courts. [PROCTOR.] to be cited; to which, in certain cases, is added an intimation, that if the party does not appear, or appearing does not show cause to the contrary, the prayer of the plaintiff, set forth in the decree, will be granted. The party cited may either appear in person, or by his proctor, who is appointed by an instrument, under hand and seal, termed a proxy. The proctor thus appointed represents the party, acts for him and manages the cause, and binds him by his acts. The course of proceeding in these courts is as follows:-The mode of commencing the suit, and bringing the parties before the court, is by a process called a Citation, or summons. This citation, in ordinary cases, is obtained as a matter of course, from the registry of the court, and under its seal; but in special cases, the facts are alleged in what is termed an act of court, and upon those facts the The third class includes church disci-judge or his surrogate decrees the party pline, and the correction of offences of a spiritual kind. They are proceeded upon in the way of criminal suits, pro salute animæ, that is, for the safety of the of fender's soul, and for the lawful correction of manners. Among these are offences committed by the clergy themselves, such as neglect of duty, immoral conduct, advancing doctrines not conformable to the articles of the church, suffering dilapidations, and the like offences; also by laymen, such as brawling, laying violent hands on any person, and other irreverent conduct in the church or churchyards, violating churchyards, neglecting to repair ecclesiastical buildings, incest, incontinence, defamation; all these are termed "Causes of Correction," except defamation, which is of an anomalous character. These offences are punished by monition, penance, excommunication, formerly, and now in place of it imprisonment for a term not exceeding six months [ExCOMMUNICATION], suspension ab ingressu ecclesiæ, suspension from office and deprivation. In Testamentary causes, the proceeding is sometimes commenced by a Caveat, which may be entered by a party interested in the effects of the deceased person, against the grant of probate of will or letters of administration, without notice being first given to him who enters the caveat. This caveat is then warned by the party who claims the representation either as executor or administrator, which is in effect a notice to the proctor who enters the caveat, that he must appear and take further steps, if he intends to continue his opposition. Both parties are then assigned by order of court to set forth their respective claims, and the suit thus commences, either to try the validity of an alleged will, or the right to administration, either under an intestacy or with a will annexed. [ADMINISTRATION; EXECUTOR.] There is another process in testamentary matters, extremely useful and frequently resorted to. The executor, or other person who claims the grant of probate of a will or other testamentary instrument, may cite the next of kin and other parties interested in case there should be an intestacy or under a former will, to appear and see the will propounded and proved by witnesses; and if the parties cited do not appear and oppose the probate, they are barred from afterwards contesting its validity, unless on account of absence out of the kingdom, or some other satisfactory cause. So again, the next of kin, or other parties entitled either to the grant of letters of administration or under a former will, may cite the executor or other person apparently benefited under a suggested will or testamentary instrument, to appear and propound it; or otherwise show cause why probate should not be granted of the suggested will of the deceased, on the ground of his having died intestate, or why probate should not be granted of a former will; and the parties cited, not appearing, are barred from afterwards setting up the will. But if probate or administration be taken in common form, without citing persons who have an adverse interest, the grant may afterwards be called in, and the executor or administrator cited, and put upon proof of his right, as if no such common form grant had issued. Again, where no grant is applied for by the person primarily entitled to it, such as an executor, residuary legatee, or next of kin, process may be taken out by any person who claims an interest in the effects of the deceased, such as a legatee, a party entitled to a distributive share of the estate, or a creditor, but he must call upon the persons primarily entitled to accept or refuse the grant, or otherwise show cause why it should not pass to such person who claims an interest. Or if a person be dead in testate, without leaving any known relations, a creditor may obtain letters of administration, upon advertising for next of kin in the Gazette and a morning and evening newspaper, provided he serves a process on the Royal Exchange and on the king's proctor, but the Crown has a right to take the grant, if it makes the | claim. In all these and similar cases, the facts must be supported by affidavit, all due notice is required to be given, and the grant is moved for before the court, at its sitting. The mode of enforcing all process, in case of disobedience, is by pronouncing the party cited to be contumacious; and if the disobedience continues, a significavit issues, upon which an attachment from Chancery is obtained, to imprison the party till he obeys. In cases where some act is required to be done by the party cited, to exhibit an inventory aud account, for instance, or to pay alimony, the compulsory process is enforced; but in some cases, where no act is necessary to be done by the party cited, the plaintiff may proceed in pœnam contumaciæ, and the cause then goes on ex parte, as if the defendant had appeared. The party cited, to save his contumacy, may appear under protest, and may show cause against being cited; such as, that the court has no jurisdiction in the subject-matter, or that he is not amenable to that jurisdiction: this preliminary objection is heard upon petition and affidavits; and either the protest is allowed, and the defendant dismissed, or the protest is overruled, and the defendant is assigned to appear absolutely; and costs are generally given against the unsuccessful party. Either party may appeal from the decision on this preliminary point; or the defendant, in case the judge decides against him on the question of jurisdiction, and on some other questions, may apply to a court of law for a prohibition. Some other points, such as the claim to administration among persons of admitted equal degree of kindred, objections to an inventory and account, and other similar matters, may be heard upon petition and affidavit, where the facts are not of such a nature as to require investigation in the more formal proceeding of regular pleadings and depositions, with the benefit of cross-examining witnesses. The form of the pleadings is next to be described. These are intended to contain a statement of the facts relied upon and proposed to be proved by each party in the suit, the real grounds of the action, and of the defence. Causes, in their quality, are technically classed and described as plenary and summary, though in modern practice there is substantially little difference in the mode of proceeding. All causes in the Prerogative Court are summary. The first plea bears different names in the different descriptions of causes. In criminal proceedings, the first plea is termed the Articles; in form, it runs in the name of the judge, who articles and objects the facts charged against the defendant; in plenary causes, not criminal, the first plea is termed the Libel, and runs in the name of the party or his proctor, who alleges and propounds the facts founding the demand; in testamentary causes, the first plea is termed an Allegation. Every subsequent plea, in all causes, whether responsive or rejoining, and by whatever party given, is termed an Allegation. Each of these pleas contains a statement of the facts upon which the party founds his demand for relief, or his defence; they resemble the bill and answer in equity, except that the allegation is broken into separate positions or articles: the facts are alleged under separate heads, according to the subject-matter, or the order of time in which they have occurred. Under this form of pleading the witnesses are produced and examined only to particular articles of the allegation, which contain the facts within their knowledge; a notice or designation of the witnesses is delivered to the adverse party, who is thereby distinctly apprised of the points to which he should address his cross-examination of each witness, as well as the matters which it may be necessary for him to contradict or explain by counter-pleading. Before a plea of any kind, whether articles, libel, or allegation, is admitted, it is open to the adverse party to object to its admission, either in the whole or in part: in the whole, when the facts altogether, if taken to be true, will not entitle the party giving the plea to the demand which he makes, or to support the defence which he sets up; in part, if any of the facts pleaded are irrelevant to the matter in issue, or could not be proved by admissible evidence, or are incapable of proof. These objections are made and argued before the judge, and decided upon by him, and his decision may be appealed from. For the purpose of the argument, all the facts capable of proof are assumed to be true: they are, however, so assumed merely for the argument, but are not so admitted in the cause; for the party who offers the plea is no less bound afterwards to prove the facts, and the party who objects to the plea is no less at liberty afterwards to contradict the facts. If the plea is admitted, the farther opposition may be withdrawn: if the plea is rejected, the party who offers it either abandons the suit, or appeals against the rejection, in order to take the judgment of a superior tribunal. When a plea has been admitted, a time, or term probatory, is assigned to the party who gives the plea, to examine his witnesses; and the adverse party is assigned, except in criminal matters, to give in his answers upon oath, to his knowledge or belief of the facts alleged. The defendant may proceed then, if he thinks proper, or he may wait until the plaintiff has examined his witnesses, to give an allegation controverting his adversary's plea. This responsive allegation is proceeded upon in the same manner; objections to its admissibility may be taken, answers upon oath be required, and witnesses examined. The plaintiff may, in like manner, reply by a further allegation; and on that, or any subsequent allegation, the same course is pursued. In taking evidence the witnesses are either brought to London to be examined, or they are examined by commission near their places of residence. Their attendance is required by a Compulsory, somewhat in the nature of a subpoena, obedience to which is enforced in the same way as in other cases of contumacy. The examination is by depositions taken in |