ECCLESIASTES

the great a embljr of the A then i an people, at which every free citizen might attend and vote. This a embly, though nominally po e ed of the supreme authority of the state from the earliest times, yet having no fixed times of meeting, was but seldom convened at all; so that the archons, who were elected from the body of nobles or eupatridse, had virtually the whole management of the state. But the regulations of Solon, which appointed it to meet regularly four times in every period of thirty five days, besides extraordinary occasions on which it might be convened, called it into active energy. Solon, however, restricted the subjects discu ed in the Ecclesia to such as had before pa ed through the senate of five hundred; but when the democratic spirit of after times prevailed, this rule was not at all strictly observed. The magistrates who had the management of these a emblies were the Prytanes {see Prytanes), the Prohedri (see Prohedri), and Epistates (see Epistates). The first of these sometimes convened the people, and hung up in a conspicuous place a programme giving an account of the matters to be discu ed. The ProJiedri proposed to the people the subjects on which they were to decide, and counted the votes. The Epistate, who presided over the whole, gave the liberty of voting, which might not be done before his signal was given. The forms of their proceedings were as follow: — First, an expiatory victim was sacrificed, and his blood carried and sprinkled round the bounds of the a embly. Then the public crier demanded silence, and invited all persons above fifty years of age to speak; after that, any one who pleased. After the subject was discu ed, they proceeded to vote on the crier's demanding of them, " whether they would consent to the decree proposed to them? " The votes were commonly given by show of hands, but on some occasions by ballot. When the suffrages had been examined and their numbers declared, the Prytanes di olved the a embly. In order to incite the people to attend the Ecclesia, a small pay of one or three oboli was given for early appearance; and a rope, rubbed with vermilion, was earned through the Agora, to mark such as lagged behind, who were accordingly fined. ECCLE'SIA'STES. One of the canonical books of the Old Testament, so called from the Greek word signifying a preacher. Solomon is generally supposed to be the author of this book, though various opinions have been entertained on the subject; and indeed the whole question of its author, date, and design is involved in such diflSculty, " that the labours of critics and commentators serve rather to perplex than to a ist the inquirer." (Holden on Eccles.) ECCLE'SIA'STIC. Something pertaining to or set apart for the church; in contradistinction to civil or secular, which regards the world. Ecclesiastics are persons whose functions consist in performing the service or in maintaining the discipline of the church. See Clergy. ECCLESIASTICAL COURTS. The ordinary Ecclesiastical Courts in England and Wales are, beginning with the lowest, — 1. The Peculiar Courts, which are very numerous; Royal, Archiepiscopal, Episcopal, Decanal, Sub-decanal, Prebendal, Rectorial, and Vicarial; 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 Archiepiscopal 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 notabilia, that is, personal estate to a certain amount, within several dioceses of the province. It grants administration to the effects of all such persons dj-ing 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. ECCLESIASTICAL COURTS. In case the party cited appear to show cause against his citation that the court has no jurisdiction, or that he id not amenable to it, this preliminary objection is heard upon petition and affidavits. If the judge decide against the defendant on the 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, a libel. Every subsequent plea in all cases is called an 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 called an exceptive allegation, to the credit of an adverse witne . When the cause is heard, the judge first peruses and carefully considers all the pleas and evidence, and then hears the case argued by counsel. Judgment is given in open court; and execution enforced by the compulsory proce of contumacy, significavit, and attachm.ent. Such is a very general view of the ordinary proce of these courts. If either party be condemned in costs, the other party's bill is taxed by the registrar. But the costs due by a party to his own proctor cannot be recovered in this court, and must be sued for by an action at law. The law of the Ecclesiastical Courts is administered by men a ociated, as a distinct profe ion, for the practice of the civil and canon laws. They are incorporated as " the college of doctors of law." Every advocate must have taken that degree in the university of Oxford or Cambridge. From the college of advocates the archbishop selects the judges of the provincial courts. The jurisdiction of these courts may be considered as threefold: — 1. In causes of a purely spiritual nature pertaining to the discipline of the church; 2. In mixed causes, partaking of a spiritual and civil nature; 3. In causes of a purely civil nature. 1. The first of these branches arises out of the natural power exercised by every church to correct its communicants by censures and discipline submitted to. Under this cla falls the cognizance of offences committed by the clergy themselves by neglect of duty, immoral or heretical delinquencies, suffering dilapidations, .; also by laymen, in brawling and other indecent conduct in churches and churchyards, in neglecting to repair churches, in cases of incest, incontinence, defamation. All these, except the last, are termed "causes of correction." The punishments inflicted are monition, penance, excommunication, suspension ab ingre u ecclesice, and (in the case of clergymen) suspension from office and deprivation. In the case of laymen a great part of this jurisdiction has fallen into disuse; and the real penalty, whenever a cause is tried, consists, for the most part, in the payment of costs by the guilty party. The terrors so long attached to the proce of excommunication (the only one by which ecclesiastical courts can enforce a sentence), are now matter of history. By the common law a person excommunicated was incapacitated from any legal act, and was, moreover, on certificate from the bishop, liable to imprison, ment until reconciled to the church; but now, by the statute 53 George 3. chapter 127., the writ de contumace capiendo is substituted for the old writ de excommunicato capiendo in cases of contempt; and in the few cases in which excommunication is still pronounced as a sentence the court is empowered to a ign a term of imprisonment, not exceeding six months. 2. Causes of a mixed description are suits for tithes, church rates, seats in churches, and faculties; which concern the temporals or external po e ions of the church. The subtraction of tithes or other ecclesiastical dues may be complained of in the Ecclesiastical Courts; but if any question of law arises on the defence, as where modus or prescription is relied on against a claim of tithe, either party may apply for a»rohibition from the King's Bench, as the Ecclesiastical Court has not authority to decide the point of law. Suits of this description are consequently of rare occurrence. The Ecclesiastical Court exercises jurisdiction to enforce the payment of church rates; but where the amount to be recovered does not exceed 10/., and the validity of the rate is undisputed, two justices may enforce payment by distre . 3. Exclusive property in a seat in the body of the Page 393