ECCLESIASTICAL COURTS

The ordinary Ecclesiastical Courts in England and Wales are, beginning with the lowest, — 1. The Peculiar Courts, which are very numerous; Royal, Arcliiepiscopal, Episcopal, Decanal, Sub-decanal. Prebendal, Rectorial, and Vicaria]; with jurisdiction frequently extending only to a single parish, and sometimes limited only to a part of the matters usually subject to ecclesiastical cognizance. 2. The Archdeacon's Court, generally subordinate, with an appeal to that of the bishop. 3. The Courts of Commi aries, especially appointed by the bishop. 4. The Diocesan Court of every bishop within his respective diocese. 5. The Provincial or Arcliiepiscopal Courts. These, in the province of Canterbury, which contains twenty-two dioceses, are — (1.) The Court of Peculiars, which takes cognizance of matters arising in some particular deaneries. (2.) The Prerogative Court. This court has authority in the matter of all wills or administrations of property left by persons having bona not a hili a, that is, personal estate to a certain amount, within several dioceses of the province. It grants administration to the effects of all such persons dying intestate, and probate of wills. (3 ) The Court of Arches, or Supreme Provincial Court of Appeal. It also may take original cognizance of causes, by letters of request from the inferior courts; and it has a separate jurisdiction of its own in suits for legacies. The province of York, including four dioceses besides that of Sodor and Man, has two courts; the Prerogative Court, and the Chancery or Court of Appeal. A suit is commenced in the Ecclesiastical Courts by a proce , sued out by the party complaining, and served on the other party by an officer of the court. The party cited may appear either in person or by his proctor, who discharges duties similar to those of the attorneys in common law courts. A party disobeying citation may be pronounced contumacious, and imprisoned by an attachment out of the lord chancellor's court. In case the party cited appear to show cause against his citation that the court has no jurisdiction, or that he is not amenable to it, this preliminary objection is heard upon petition and affidavits. If the judge decide against the defendantc-nthe question of jurisdiction, the latter may apply to the courts of common law for a prohibition. If the cause proceed to trial, the plaintiff's first statement of facts is termed, in criminal cases, articles; in testamentary causes, an allegation; in other civil proceedings,alibel. Every subsequent plea in all cases is called tin allegation; and every allegation is divided into separate heads or articles; so that witne es are produced and examined,not as to the whole allegation, but as to such special facts as may be within their knowledge. Where a plea has been admitted, a certain time, or term probatory, is allowed to the party making it to examine his witne es. The witne es are either brought to London, or examined in the country by a commi ion. The depositions are taken in private, and in writing, by the examiners of the court; who. on view of the allegations, examine the witne es by such questions as they judge most proper to elicit the truth. The cro -examination is conducted by means of interrogatories, delivered by the adverse party to the examiner, and by him addre ed to the witne . The examinations are kept secret until publication pa es; after which either party is allowed to except, by a plea [s. 396]