STAT. 16 CAR. 1, c. 11. him or them who shall first demand and sue for the same; which said trie damages and sum of one hundred pounds, shall and may be demanded and re confirmed by his conduct. I am strongly In Hunt v. Sarell, (1 Lee, 591,) it was The rule of requiring a certain number of witnesses to make full proof, was productive of serious inconvenience, and was one of the causes which occasioned the enactment of Stat. 27 Hen. 8, c. 4, for changing the criminal jurisdiction of the court of Admiralty. Such rule has been relaxed in other countries; but, in one instance, very absurdly, thus: "Regulariter tamen in criminalibus causis duo testes plenam faciunt probationem; nec unicus testis sufficit; quod fallit, quando de crimine levi et modico agitur præjudicio, atque cum unico teste præsumptiones concurrunt. Sed si unicus testis plenam probationem non faciat, sufficit tamen ad semiplenam probationem; et ut reo, vel juramentum purgationis, vel tortura adjudicari queat, pro ratione criminum, et qualitate præsumptionum concurrentium." Carpzovius, Prac. Crim. Sax. pt. 3, Q. 114, s. 4. Respecting crimes, in genere, distinguished from specific crimes, an exception as to several witnesses, to several acts, was admitted. "Secundò, quando agitur de probando delicto in genere, quod sub se comprehendit species differentes, et actus particulares, seu successivos,-qualia sunt hæresis, sortilegium, seu maleficium, adulterium et similia. Quo casu testimonium testium singularium, quorum unus de hoc, alius de alio, tertius de illo indicio deponit, conjungenda sunt, ad effectum torquendi reum super delicto, de quo suspectus est." Ibid. Q. 123, s. 53, 54. Where the law of England is silent, the ference to the doctrine of the civil law upon The advocates and proctors of the court to the similarity of the form of process in both courts, and of the course of CLO necessary to qualify the practitioners ter tha proper discharge of the duties entrace a them. The study of the ecclesiastica, a requires an accurate acquaintance wit principles of the civil law, upon which i law of the admiralty is founded; civilian is led to the investigation of principles of general jurisprudence 29 *.. a the intercourse of nations is goveræ . the rights and obligations of belligerents an neutrals in time of war are defined. In the case of the Ville de Varene : Dods. 185,) in the court of Acry where an objection was taken to the petency of Lord Cochrane to app" a a witness, Sir William Scott remarios, T objection must be considered on the rity of the law of England. The cas it is true, arises in a cause, and caree in a court, which are both governed another system, but it arises incidera case, that concerns British subjects on a mere dispute of property between tar and, if determined in one manner, ders" affecting the civil condition and caparte at one of them; upon all these consitent s it is the duty of the court to look on y law of England as its proper guide, it does not administer that law generaly therefore does not profess to understan otherwise than by the information it co pro re nata, and with the diffidence that turally belongs to partial views, and experfect knowledge of the general system." And it may be here observed, that me of evidence in ecclesiastical courts can be imported into courts of commor Wright v. Latham, 5 C. & F. 670. 4 B N. C. 489. Leake v. Westmeath (Mar of), 2 M. & Rob. 394. It may not perhaps be considered twipe dient, while considering a practical por: evidence, to explain, in the language of ** learned friend, Professor J. T. Gra Encyclopædia Metropolitana, article Lav the manner of citing the different parts the Corpus Juris Canonici, which is get considered to be very complicated and e matical. "The Decretum is divided into the parts. The first contains 101 sections, t distinctiones, and treats of the or different kinds of law, and partici the sources of ecclesiastical law; of pe in holy orders, and the hierarchy. T second treats of thirty-six particnar tan (causa), out of which questions of law tiones) arise. The solution of these ques tions is given in the extracts. Cass 31 quest. 3, of the second book, constitutes a special treatise concerning penance depɛnitentia), and is subdivided into seven tinctiones. The third book is entried e Consecratione, and contains canons reatu to the consecration of churches, the s ments, and the celebration of divine servi It is divided into five distinctiones. It s ered by action of debt, bill, or plaint, in any court of record, wherein no priviege, essoin, protection, or wager of law, shall be admitted or allowed to the defendant. And be it further enacted, that every person who shall be once conicted of any act or offence prohibited by this statute, shall, for such act or offence, emarkable that the Dicta Gratiani are enirely wanting in the third part. Each sepaate extract is marked by the letter C., which stands for chapter, (caput, capitulum,) not, as it is ordinarily read, for canon. In the early manuscripts and editions of the Decretum, the larger divisions are numbered, but not so the chapters; hence the latter were necessarily cited by initial words. The first part was thus anciently cited: I. d. lex, meaning the chapter beginning with the word lex, in the first distinction. This is now numbered c. 3, and the fuller modern mode of citing would be, 1 dist. c. 3, lex. The second part is thus cited: 3, qu. 9, caveant; or more fully, 3, qu. 9, c. 2, caveant; meaning, cause the third, question the ninth, canon or chapter the second. The thirtythird cause and third question is cited in a peculiar manner, thus: De poenit. d. 2, radicata. The same passage might be otherwise referred to, thus: 33, qu. 3, dist. 2, c. 2. The third part is cited like the first, with the addition of the words De consecratione, thus: De consec. d. 2, quia corpus. This means the thirty-fifth chapter or canon, (which begins with the words Quia corpus,) of the second distinction of the treatise De consecratione, which is the third part of the Decretum Gratiani. As the Decretum long stood alone, it is understood to be cited when there is no distinctive mark to denote a reference to other portions of the Corpus Juris Canonici. It is upon the same principle that distinctiones of the first part of the Decretum are denoted simply by the letter d., while to the distinctiones in the second and third parts are respectively prefixed the specific symbols De poenit. and De consec. We have seen that there is usually no mark to denote causa, [Causa, by the moderns, is often denoted by a capital C.; the small c. being still reserved to denote caput,] and that a mere number followed by qu. was considered a sufficient reference to a causa of the second part of the Decretum. Such is the explanation of a wretched technical system of citation, which seems designed to puzzle the uninitiated. "The Decretals, we have seen, consist of three parts: Gregory's, the Sext, and the Clementines. Gregory's Decretals, (which are sometimes exclusively designated when the Decretals simply are spoken of,) are divided (like the collection of Bernardus Papiensis, which they superseded,) into five books, the contents of which are denoted by the verse, "Judex, Judicium, Clerus, Sponsalia, Crimen. Each book is divided into titles with rubrics, and the titles are subdivided into chapters with inscriptiones. The Decretals of Gregory, having been the first collection that wandered beyond the Decretum, were originally denominated Extravagantes, and they are still denoted in citation by the word Extra. or the letter X., though the name of Extravagantes has been transferred to later compilations. Gregory's Decretals are usually cited by the chapter and title, without any reference to the number of the books. The varieties in the modes of citation are similar to those which we have explained in treating of the references to the Pandects. Thus, c. Cum contingat, X. De offic. et pot. jud. del., is the thirty-sixth chapter, beginning with Cum contingat, of the title in Gregory's Decretals, which is inscribed De officio et potestate judicis delegati; and which, by consulting the index, we find to be the twenty-ninth title of the first book. "The canonists seem to have been fond of the number five. The Sext, or sixth book of the Decretals, is itself divided into five books of the second order. The Clementines also consist of five books, the fourth book consisting of only three or four lines. The subdivisions of the Sext and Clementines resemble those of the Decretals of Gregory. The mode of citation, too, is similar, and admits of similar varieties; only, instead of Extra, or X., there is subjoined, in Sexto, or in 6, in references to the Sext, and Clem, or in Clem., in references to the Clementines. Thus c. Si gratiose, 5, De rescript. in 6, is the fifth chapter, beginning with Si gratiose of the title De rescriptis in the Liber Sextus Decretalium,-the title with that rubric being the third of the first book. Again, Clem. 1, De sent. et R. J., or Ut calumniis, 1, De sent. et R. J. in Clem., is the first chapter of the Clementine Constitutions, under the title De sententiâ et re judicata,--which chapter begins with Ut calumniis, and belongs to the eleventh title of the second book. "The Extravagantes of John the Twentysecond, are contained in one book, divided into fourteen titles. They are cited thus: Extravag. ad conditorem, Joh. 22 de V. S. This means the chapter beginning with Ad conditorem of the Extravagantes of John the Twenty-second, title De verborum significatione,-which is found to be the fourteenth title. "The Extravagantes Communes, in imitation of Gregory's Decretals, are divided into five books, though the fourth book is a blank! 'Quartus Liber vacat!' The mode of citation may be thus exemplified: Extravag. Commun. c. Salvator de præbend. This means the chapter beginning with Salvator, in the title De præbendis, among the Extravagantes Communes. There is no constancy in the position of the references to the larger or smaller divisions. Sometimes the rubric of the title precedes, sometimes follows, the initial words of the chapter. We have given, with some additions and explanations, the examples of citation which are contained in a note to the first chapter of Halifax's Analysis of the Civil Law, b.i.” STAT. 16 Car. 1, c. 11. Offenders convicted, disabled from any office STAT. 16 CAR. be, from and after such conviction, utterly disabled to be or continue in any office 1, c. 11. or employment in any court of justice whatsoever, or to exercise or execute any power, authority, or jurisdiction by force of any commission or letters patents of the king, his heirs or successors. or employment by the king's letters patents. No new court to be erected with the like power. STAT. 16 CAR. 1, c. 27. "V. And be it further enacted, that from and after the said first day of August, no new court shall be erected, ordained, or appointed, within this realm of Earland, or dominion of Wales, which shall or may have the like power, jurisdictum, or authority (1), as the said High Commission court now hath, or pretendeth to have; but that all and every such letters patents, commissions, and grants, made or to be made by his majesty, his heirs or successors, and all powers and authorities granted, or pretended or mentioned to be granted thereby, and all acts, sentences, and decrees to be made by virtue or colour thereof, shall be utterly void and of none effect." XXI. STAT. 16 CAROLI 1, c. 27 (2). A.D. 1640. "An Act for disenabling all Persons in Holy Orders to excrcise ang temporal Jurisdiction or Authority." (1) Like power, jurisdiction, or authority:-They who contended for the legality of the Ecclesiastical Commission, granted by King James 2, endeavoured to restrain the words, like power, &c. to a power of fining and imprisoning; and thus to leave the crown at liberty, notwithstanding this repeal, to constitute a commission to proceed by ecclesiastical censures; although, in the same preamble, after fining and imprisoning, divers other great mischiefs and inconveniences are complained of. If the legislature had intended to take away only these two abuses, it would probably have been enacted, in express terms, with "like power, jurisd.c (2) Repealed by Stat. 13 Car. 2, St. L c. 2. I. STAT. 12 CAROLI 2, c. 11. A.D. 1660. "An Act of Free and General Pardon, Indemnity, and Oblivion." [Intruders into lands for the repairs of cathedrals: and those who have converted the goods of the church to their own use :-excepted from pardon.] II. STAT. 12 CAROLI 2, c. 14. A.D. 1660. “An Act for a perpetual anniversary Thanksgiving on the Nine-and-twentieth Day of May." "Forasmuch as Almighty God, the King of kings, and sole Disposer of all earthly crowns and kingdoms, hath by His all-swaying providence and power miraculously demonstrated in the view of all the world His transcendant mercy, love, and graciousness towards his most excellent majesty Charles the Second, by his especial grace, of England, Scotland, France, and Ireland, king, defender of the true faith, and all his majesty's loyal subjects of this his kingdom of England, and the dominions thereunto annexed, by his majesty's late most wonderful, glorious, peaceable, and joyful restoration to the actual possession and exercise of his undoubted hereditary sovereign and regal authority over them, (after sundry years forced extermination into foreign parts, by the most traitorous conspiracies and armed power of usurping tyrants and execrable perfidious traitors,) and that without the least opposition or effusion of blood, through the unanimous, cordial, loyal votes of the lords and commons in this present parliament assembled, and passionate desires of all other his majesty's subjects; which inexpressible blessing (by God's own most wonderful dispensation) was completed on the twenty-ninth day of May last passed, being the most memorable birth-day, not only of his majesty, both as a man and prince, but likewise as an actual king, and of this and STAT. 12 CAR. 2, c. 11. STAT. 12 CAR. 2, c. 14. 2, c. 14. STAT. 12 CAR other his majesty's kingdoms, all in a great measure new-born and raised from d dead on this most joyful day, wherein many thousands of the nobility, gery, citizens, and other his lieges of this realm, conducted his majesty unto his ja cities of London and Westminster, with all possible expressions of their public and loyal affections, in far greater triumph than any of his most victorious pres cessors, kings of England, returned thither from their foreign conquests; and '■ his majesty's houses of parliament, with all dutiful and joyful demonstrations their allegiance, publicly received and cordially congratulated his majesty's happy arrival, and investiture in his royal throne, at his palace at Whiteh upon all which considerations, this being the day which the Lord himself ha made and crowned with so many public blessings and signal deliverances, both i his majesty and his people, from all their late most deplorable confusions, divisi wars, devastations, and oppressions: to the end that it may be kept in perpe remembrance in all ages to come, and that his sacred majesty, with all his su of this realm, and the dominions thereof, and their posterities after them, annually celebrate the perpetual memory thereof, by sacrificing their unfe hearty public thanks thereon to Almighty God, with one heart and voice, ina most devout and Christian manner, for all these public benefits received and et ferred on them upon this most joyful day; be it therefore enacted by the king's most excellent majesty, the lords and commons in this present parliament bled, and by the authority of the same, that all and singular ministers of G word and sacraments, in every church, chapel, and other usual place of d service and public prayer, which now are or hereafter shall be within this r of England, and the respective dominions thereof, and their successors, shall : ad succeeding ages annually celebrate the twenty-ninth day of May, by render their hearty public praises and thanksgivings (1) unto Almighty God for all the forementioned extraordinary mercies, blessings, and deliverances received, ! mighty acts done thereon, and declare the same to all the people there assem and the generations yet to come, that so they may for ever praise the Lord for same, whose name alone is excellent, and His glory above the earth and heav and be it further enacted, that all and every person and persons inhabiting wr this kingdom, and the dominions thereunto belonging, shall upon the said annually resort with diligence and devotion to some usual church, chapel, s place, where such public thanksgivings and praises to God's most divine maje shall be rendered, and there orderly and devoutly abide during the said pr thanksgivings, prayers, preaching, singing of psalms, and other service of God ther to be used and ministered. All persons to resort to some church, chapel, or public place of thanksgiving on the said day. Notice to be given the next Lord's day before. STAT. 12 CAR. 2, c. 17. STAT. 12 CAR. 2, c. 30. "II. And to the end that all persons may be put in mind of their duty theren, and be the better prepared to discharge the same with that piety and devotic a becomes them: be it further enacted, that every minister shall give notice to a parishioners publicly in the church at morning prayer the Lord's day next be every such twenty-ninth day of May, for the due observation of the said day, shall then likewise publicly and distinctly read this present act to the people." III. STAT. 12 CAROLI 2, c. 17 (2). A.D. 1660. IV. STAT. 12 CAROLI 2, c. 30. A.D. 1660. "An Act for the Attainder of several Persons guilty of the horrid Murder f his late Sacred Majesty King Charles the First.” .... "And be it enacted, . . . . that every thirtieth day of January, unless it fal out to be upon the Lord's day, and then the day next following, shall be for eve (1) Praises and thanksgivings:-The celebration enjoined by this statute, (as also that on the 5th of November,) seems to have been left at first to the discretion of every minister; until the convocation, April 26th, 1662, had finished a form for that purpose: "Forma precum pro 29 Maii introduct' et publicè perlect' et unanimi consensu aperodua** which form had been under considerats a from May 16, 1661, when the prepare f it was referred to four members of the He of Lords, and eight members of the Has of Commons. (2) Expired. |