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E admittas (fo called from thofe words in the writ, Prohibemus ne admittas) is a writ directed to the bishop at the fuit of one who is patron of any church, and he doubts that the bifhop will collate a clerk of his own, or admit a clerk prefented by another, to the fame benefice: then he that doubts it fhall have this writ, to prohibit the bifhop that he fhall not collate or admit any to that church, pending the fuit. Terms of the L. (a)
New ftyle. See kalendar.
NOCTURN, was a fervice fo called, from the an
cient chriftians rifing in the night to perform the fame. Gilf. 263.
Nomination to a benefice. See Benefice,
Non-conformists. See Diflenters.
Non-refidence. See Refidence.
Notable goods. See Wills,
1. A Notary was anciently a fer be, that only took holes Notary, who.
or minutes, and made fhort draughts of writings,
and other inftruments, both publick and private. But at
(a) See vol. i. p. 31.
His office in the
this day we call him a notary publick, who confirms and attefts the truth of any deeds or writings, in order to render the fame authentick. Ayl. Par. 382.
The law books give to a notary feveral names or appellations; as, actuarius, regiftrarius, fcriniarius, and fuch like. All which words are put to fignify one and the fame perfon. But in England, the word regiftrarius is confined to the officer of fome court, who has the cuftody of the records and archives of fuch court; and is oftentimes diftinguished from the actuary thereof. But a register ought always to be a notary publick; for that seems to be a neceffary qualification of his office.
2. A notary publick is appointed to this office by the archbishop of Canterbury; who in the inftrument of appointment decrees, that full faith be given, as well in "as out of judgment, to the inftruments by him to be "made." Which appointment is alfo to be regiftred and fubfcribed by the clerk of his majefty for faculties in Chancery. 1 Ought. 486. Ayl. Par. 385.
3. A notary on his appointment muft fwear," that he will faithfully exercife the office of notary publick; that he will faithfully make contracts, wherein the confent of parties is required, by adding or diminishing nothing, without the will of the parties, that may alter the fubftance of the fact; that if in making any inftrument the will of one party only-is required, he will in fuch case add or diminish nothing that may alter the fubftance of the fact, against the will of fuch party; that he will not make inftruments of any contract, in which he thall know there is a violence or fraud; that he will reduce contracts into an inftrument or regifter; and after he thall have fo reduced the fame, that he will not maliciously delay to make a publick inftrument thereupon, against the will of him or them, on whose behalf fuch contract is to be fo drawn: Saving to himself his juft and accustomed fees."
4. A notary publick (or actuary) that writes the acts conteftation of of court, ought not only to be chofen by the judge, but approved alfo by each of the parties in fuit; for tho' it does of common right belong to the office of the judge, to affume and choose a notary for reducing the acts of court in every cause into writing, yet he may be refused by the litigants: for the use of a notary was intended, not only on account of the judge, to help his memory in the cause, but also that the litigants might not be injured by the judge. Ayl. Par. 382.
And particularly, the office of a notary in a judicial cause is employed about three things: Firft, He ought to regifter and inroll all the judicial acts of the court, according to the decree and order of the judge, feting down in the act the very time and place of writing the fame. Secondly, He ought to deliver to the parties, at their efpecial request, copies and exemplifications of all fuch judicial acts and proceedings, as are there enacted and decreed. And thirdly, He ought to retain and keep in his cuftody the originals of fuch acts and proceedings, commonly called the protocols (newla nana the notes, or firft draughts.)
5. As a notary is a publick perfon, fo confequently all Authenticity of his proceedings. inftruments made by him are called publick inftruments; and a judicial register or record made by him, is evidence in every court, according to the civil and canon law. And a bishop's register establishes a perpetual proof and evidence, when it is found in the bishop's archives; and credit is given not only to the original, but even to an authentick copy exemplified. Ayl. Par. 386.
And one notary publick is fufficient for the exemplification of any act; no matter requiring more than one notary to atteft it. Id.
And the rule of the canon law is, that one notary is equal to the teftimony of two witneffes. Gibf. 996.
6. By the feveral ftamp acts, the admiffion of a notary Stamps, fhall be upon a treble 40 s. ftamp (b).
And every notarial act fhall be on a 2 s. ftamp.
November the fifth. See Holidays.
Noncupative will. See Wills.
Lawfulness of an oath.
Oath ex officio.
1. NONE fhall bring into difpute the determinations
of the church, concerning oaths to be taken in the ecclefiaftical or in the temporal courts; on pain of being declared an heretick. Arund. Lind. 297.
As we confess that vain and rafh fwearing is forbidden chriftian men by our Lord Jefus Chrift, and James his apostle; fo we judge that chriftian religion doth not prohibit, but that a man may swear when the magiftrate requireth, in a caufe of faith and charity, fo it be done according to the prophet's teaching, in juftice, judgment, and truth. Art. 39.
The giving of every oath must be warranted by act of parliament, or by the common law time out of mind. 2 Inft. 73.
2. The oath ex officio, is an oath whereby any perfon may be obliged to make any prefentment of any crime or offence, or to confefs or accuse himself or herself, of any criminal matter or thing, whereby he or she may be liable to any cenfure, penalty or punishment whatsoever.
By a canon of archbishop Boniface: Laymen fhall be compelled by excommunication, if need be, to take an oath to Speak the truth, when enquiry fhall be made by the prelates and judges ecclefiaftical, for the correction of fins and exceffes. Lind. 109.
Afterwards, E. 47. In the time of the parliament, the lords of the council at Whitehall demanded of Popham and Coke chief juftices, upon motion made by the commons in parliament, in what cafes the ordinary may examine any person ex officio upon oath. And upon good confideration and view of the books, they answered to the lords of the council at another day in the council chamber: 1. That the ordinary cannot conftrain any man, ecclefiaftical or temporal, to fwear generally to answer to fuch interrogatories as fhall be adminiftered unto him; but ought to deliver to him the articles upon which he is to be examined, to the intent that he may know whether he ought by the law to answer to them. And fo is the course of the chancery; the defendant háth a copy of the bill delivered unto him, or other wife he need not to answer it. 2. That no man ecclefiaftical or temporal, 1hall be examined upon the fecret thoughts of his heart, or of his fecret opinion; but fomething ought to be objected against him, which he hath Spoken or done. 3. That no layman may be examined ex officio, except in