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fhall be fufpended from the execution of their offices, until they shall take the said oaths, and subscribe as aforefaid.
128. The Quality of Surrogates.
No 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 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 Mafter of Arts at least, who hath some fkill in the Civil and Ecclefiaftical Law, and is a favourer of true Religion, and a man of modeft and honeft conver fation; 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 presume to be a Subftitute to any Judge, and shall keep any court, as is aforefaid, fhall undergo the fame cenfure in manner and form as is before expreffed.
129. Proctors not to retain Caufes without the lawful Affignment of the Parties.
NONE fhall procure in any cause whatsoever, unless he be thereunto conftituted and appointed by the party himfelf, 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 fafely kept and preserved 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 fpace of two months, without hope of releafe or reftoring.
130. Proctors not to retain Causes without the Counfel of an Advocate.
FOR 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 increase of learning, and the advancement of Civil and Canon Law, following the laudable customs 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 whatfoever, 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 faid penalty, without express mandate and authority from the Archbishop aforefaid.
131. Proctors not to conclude in any Cafe without the knowledge of an Advocate.
NO 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 the Advocate retained and feed in the caufe; which if any Proctor fhall do, or procure to be done, or fhall by any colour whatsoever 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 restored before the faid term be fully complete.
132. Proctors prohibited the Oath, In animam domini fui. FORASMUCH as in the probate of teftaments and fuits
for administration of the goods of perfons dying inteftate, the oath usually taken by Proctors of courts, In animam conftituentis, is found to be inconvenient; we do therefore decree and ordain, That every executor, or fuitor for administration, fhall perfonally 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 cafes. But if by reason of fickness, or age, or any other juft 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 first 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 thall 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 administration, 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 commiffion, 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 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 offenfive to the Judges and Advocates, but also give occafion to the ftanders 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 eafily and commodiously be handled and dispatched, we charge and enjoin, That all Proctors in the faid courts do especially intend, that the acts be faithfully entered and fet down by the Registrar, according to the advice and direction of the Advocate, that the faid Proctors refrain loud fpeech and babbling, and behave themselves quietly and modeftly: and that, when either the Judges or Advocates, or any of them, fhall happen to fpeak, 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.
134. Abufes to be reformed in Registrars.
F any Regiftrar, or his Deputy or Substitute 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 witneffes 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 caufe 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 himself, 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 counfel 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 premises, Thall by the Bishop of the diocefe 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 said Bishop shall affign fome other Public Notary to execute and difcharge all things pertaining to his office, during the time of his said fufpenfion.
135. A certain Rate of Fees due to all Ecclefiaftical Officers.
No O Bishop, Suffragan, Chancellor, Commiffary, Archdeacon, Official, nor any other exercifing ecclefiaftical jurifdiction whatsoever, nor any Regiftrar of any Eeclefiaftical Courts, nor any Minifter belonging to any of the faid offices or courts, thall hereafter, for any cause incident to their feveral offices, take or receive any other or greater fees, than such as were certified to the most reve
rend Father in God, John late Archbishop of Canterbury, in the year of our Lord God one thousand five hundred ninety and feven, and were by him ratified and approved; under pain, that every fuch Judge, Officer, or Minifter offending herein, fhall be fufpended from the exercise of their several offices for the space of fix months, for every fuch offence. Always provided, That if any queftion fhall arife concerning the certainty of the faid fees, or any of them, then thofe fees fhall be held for lawful, which the Archbishop of Canterbury for the time being fhall under his hand approve, except the ftatutes of this realm before made do in any particular cafe exprefs fome other fees to be due. Provided furthermore, That no fee or money fhall be received either by the Archbishop, or any Bishop, or Suffragan, either directly or indirectly, for admitting of any into facred orders; nor that any other perfon 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 fuch pains as are already by law prescribed,
136. A Table of the Rates and Fees to be fet up in Courts and Regiftries.
WE do likewife conftitute and appoint, That the Regiftrars belonging to every fuch Ecclefiaftical Judge fhall place two tables, containing the feveral rates and fums of all the faid fees; one in the ufual place or confiftory where the court is kept, and the other in his regiftry; and both of them in fuch fort, as every man, whom it concerneth, may without difficulty come to the view and perufal thereof, and take a copy of them: the fame tables to be fet up before the Feaft of the Nativity next enfuing. And if any Registrar fhall fail to place the faid tables according to the tenor hereof, he shall be suspended from the execution of his office, until he cause the fame to be accordingly done: and the faid tables being once fet up, if he shall at any time remove, or fuffer the fame to be removed, hidden, or any way hindered from fight, contrary to the true meaning of this Conftitution, he thall for every fuch offence be fufpended from the exercise of his office for the space of fix months.