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THE

Ecclesiastical Law.

BY

RICHARD BURN, LL.D.

CHANCELLOR OF THE DIOCESE OF CARLISLE,

AND VICAR OF ORTON, IN THE COUNTY OF WESTMORELAND;
AUTHOR OF THE OFFICE AND DUTY OF A JUSTICE OF THE PEACE."

66

The Ninth Edition,

CORRECTED; WITH CONSIDERABLE ADDITIONS,

INCLUDING THE STATUTES AND CASES TO THE PRESENT TIME;

BY

ROBERT PHILLIMORE,

ADVOCATE IN DOCTORS' COMMONS, BARRISTER OF THE MIDDLE TEMPLE, OFFICIAL
TO THE ARCHDEACON RIES OF LONDON AND MIDDLESEX, AND

LATE STUDENT OF CHRIST CHURCH, OXFORD.

["Omnes legibus regantur etiam si ad divinam domum pertineant."-COD. 1. i. tit. xiv. s. 10.
"Certain it is, that this kingdom hath been best governed, and peace and quiet preserved, when both
parties, that is, when the justices of the temporal courts and the ecclesiastical judges, have kept them-
selves within their proper jurisdiction, without encroaching or usurping upon one another."-LORD
COKE, 3 Inst. 321.]'

IN FOUR VOLUMES.

VOL. III.

LONDON:

S. SWEET; V. & R. STEVENS & G. S. NORTON;
Law Booksellers and Publishers:

ANDREW MILLIKEN, GRAFTON STREET, DUBLIN.

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ADDENDA ET CORRIGENDA

ΤΟ

VOL. III.

PAGE

Oaths.

35.-See further, the 3 & 4 Will. 4, c. 82, as to Separatists; and 1 & 2 Vict. c. 77, as to such persons as have been Quakers or Moravians.

Ordination.

44.-The curacy of the parish of St. T. having become vacant, the vicar, in whom the right of nomination was vested, nominated a layman, who presented himself to the Archbishop of D. for the purpose of being examined previous to ordination. The archbishop refused to examine him Held, that the refusal was discretionary, and that the court would not grant a mandamus to the archbishop requiring him to proceed to examination. (Rex v. Archbishop of Dublin, 1 Alcock & Napier, 244, Irish Reports.)

70, n. (g). See also titles Church in catland, Church in the Colonies,

Scotch, Colonial, and Americăn bishops, and their effect in England.

Parish

73.-Although parish forms part of a union under 4 & 5 Will. 4, c. 76, the land is not divested out of the churchwardens and overseers. Norton v. Webster, 4 P. & D. 270.

Parish Clerk.

89, 1.6.—See also the cases of Er parte Cirketh, 3 Dowl. P. C. 327; and also Rex v. Neale, 4 Nev. & M. 868; and Bowles v. Neale, 7 C. & P. Semble, it is admitted by temporal courts that the ordinary may deprive parish clerk for a sufficient cause.

262.

Physician.

115.-25 Geo. 2, c. 37, repealed by 9 Geo. 4, c. 31. And see s. 5 of latter act, which is repealed by 2 & 3 Will. 4, c. 75, s. 16, which directs that the bodies of murderers shall be hung in chains or burned within the precincts of the prison. Hanging in chains is repealed by 4 & 5 Will. 4, c. 26.

Practice.

185. Pauper.--Churchwardens of Hornchurch v. Pigott, 5 Jur. 1201. 218. Appeal.-Semble, where a party has duly appealed, the judge of the court below cannot limit the time of appeal. Rookes v. Rookes, 2 Curt. 345.

237-243-Orders in Council.- Prefix the following dates: 4th February, 1833; 5th February, 1833; 9th December, 1833; 9th December, 1833; 10th December, 1833.

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224. Letters of Request.—(Vide infra, Articles.) Hawes v. Pellatt, 2 Curt.

473.

227. Evidence.-De bene esse, Weguelin v. Weguelin, 2 Curt. 263; Goodrich v. Jones, ibid. 630 (interest);—Mackenzie v. Yeo, ibid. 509; Allen v. Macpherson, ibid 513; White v. Beard, ibid. 487 (as to pleading county history.)

253.

Citation.-Husband's domicil prima facie that of wife, Whitcomb v.
Whitcomb, 2 Curt. 516.

284. Articles.-Under 3 & 4 Vict. c. 86, Burder v. Langley, 5 Jurist, 985;
brawling, Saunders v. Head, 6 Jur. 86; one person, except in the
case of churchwardens, should promote office of judge, Cory v.
Byron, 2 Curt. 403.
306.-Rules of evidence in ecclesiastical courts not to be imported into courts
of common law, Wright v. Latham, 5 Cl. & F. 670; as to evidence
at common law of proceedings in ecclesiastical courts, Leake v. West-
meath, 2 Moody & Rob. 394.

333. Costs.-See also Hawes v. Pellatt, 2 Curt. 479; Baker v. Thoroughgood, ibid. 345; Edmunds v. Unwin, ibid. 641; Chesterton v. Farlar, ibid. 77; Armstrong v. Huddlestone, 1 Moore P. C. R. 478. Security for, Woods v. Woods, 2 Curt. 516.

Privileges and Restraints of the Clergy.

360, n. (1).—See since the printing of this note, the cases of Saunders v. Head› 6 Jurist, 86, and Burder v. Langley, 5 Jurist, 985.

366.-5 Vict. c. 14, s. 1, as to spiritual persons in banking copartnerships.

Proctor.

380.-As to costs, Edmunds v. Unwin, 2 Curt. 641.

Residence-Houses of Archbishops and Bishops.

539.-See Appendix.

Schools.

546.-Charity, see Addenda to vol. 1, Charitable Uses.

Sexton.

603.-A Woman may also be overseer, Rex v. Stubbs, 2 Durn. & East, 406.

Sinecure.

652.-See a further provision on this subject, sect. 27 of 4 & 5 Vict. c 39, passed since the printing of this volume.

Swearing.

671.-19 Geo. 2, c. 2, s. 13, repealed by 4 Geo. 4, c. 31, s. 1.

THE

ECCLESIASTICAL LAW.

Ne Admittas.

NE ADMITTAS (so called from those words in the writ, prohibemus ne admittas) is a writ directed to the bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another to the same benefice; then he that doubts it shall have this writ, to prohibit the bishop that he shall not collate or admit any to that church, pending the suit (a).

New Style-See Kalendar.

Nocturn.

NOCTURN was a service so called, from the ancient Christians rising in the night to perform the same (b).

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