A Practical Treatise on the Jurisdiction of the Ecclesiastical Courts, Relating to Probates and Administrations: With an Appendix, Containing an Account of All the Courts in the Diocese of Lincoln, the Extent of Their Jurisdiction, and the Places where the Wills are Proved and Deposited

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S. Sweet, 1830 - Ecclesiastical courts - 112 pages
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Page 27 - Provided also, that such canons, constitutions, ordinances, and synodals provincial, being already made, which be not contrariant or repugnant to the laws, statutes, and customs of this realm, nor to the damage or hurt of the King's prerogative royal...
Page 33 - Which prerogative (properly understood) is grounded upon this reasonable foundation : that, as the bishops were themselves originally the administrators to all intestates in their own diocese, and as the present administrators are in effect no other than their officers or substitutes, it was impossible for the bishops, or those who acted under them, to collect any goods of the deceased, other than such as lay within their own dioceses, beyond which their episcopal authority ex- [ 510 ] tends not.
Page 30 - Archbishop, either ex officio, or at the instance of any party, originally cite, summon, or any way compel, or procure to be cited, summoned, or compelled, any person which dwelleth not within the particular diocese or peculiar of the said Archbishop, to appear before him or any of them, for any cause or matter whatsoever belonging to ecclesiastical cognizance, without the licence of the Diocesan first had and obtained in that behalf, other than in such particular cases only as are expressly excepted...
Page 57 - Cited ei officio any person whatsoever to any of the aforesaid intents, unless he have knowledge that the party Deceased was at the time of his Death possessed of Goods and Chattels in some other Diocese or Dioceses, or peculiar Jurisdiction within that Province than in that wherein he died...
Page 100 - ... notabilia. Always provided, That this clause, here and in the former constitution mentioned, shall not prejudice those dioceses, where by composition or custom bona notabilia are rated at a greater sum. And if any judge of the prerogative court, or any his surrogate, or his...
Page 98 - ... in question, had at the time of his or her death any goods or good debts in any other diocese or dioceses, or peculiar jurisdiction within that province, than in that wherein the said party died, amounting to the value of five pounds.
Page 100 - That no judge of the archbishop's prerogative shall henceforward cite, or cause to be cited, ex officio, any person whatsoever to any of the aforesaid intents, unless he have knowledge that the party deceased was at the time of his death possessed of goods and chattels in some other diocese or dioceses, or peculiar jurisdiction within that province, than in that wherein he died, amounting to the value of five pounds at the least ; decreeing and declaring, that whoso hath not goods in divers dioceses...
Page 25 - ... appear by himself, or herself, or by any procurator, before any ordinary, archdeacon, commissary, official, or any other judge spiritual, out of the diocese, or peculiar jurisdiction where the person which shall be cited, summoned, or otherwise (as is aforesaid) called, shall be inhabiting and dwelling, at the time of awarding, or going forth of the same citation or summons...
Page 98 - ... firmly believeth, that the said party deceased had goods or good debts in any other diocese or...
Page 33 - But it would be extremely troublesome if as many administrations were to be granted as there are dioceses within which the deceased had bona notabilia, besides the uncertainty which creditors and legatees would be at, in case different administrators were appointed, to ascertain the fund out of which their demands are to be paid. A prerogative is, therefore, very prudently vested in the metropolitan of each province, to make in such cases one administration serve fof all.

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