749 



ECCLESIASTICAL COURTS. 



ECCLESIASTICUS. 



750 



The first plea bears different names in the different descriptions of 

 causes. In criminal proceedings, the first plea is termed the Articles ; 

 in form, it runs in the name of the judge, who articles and objects the 

 facts charged against the defendant ; in plenary causes, not criminal, 

 the first plea is termed the Libel, and runs in the name of the party 

 or his proctor, who alleges and propounds the facts founding the 

 demand. Every subsequent plea, in all causes, whether reponsive or 

 rejoining, and by whatever party given, is termed an Allegation. 



Each of these pleas contains a statement of the facts upon which the 

 party founds his demand for relief, or his defence; they resemble 

 the bill and answer in equity, the allegation is divided into separate 

 positions or articles : the facts are alleged under separate heads, 

 according to the subject-matter, or the order of time in which 

 they have occurred. Under this form of pleading the witnesses are 

 produced and examined only to particular articles of the allegation, 

 which contain the facts within their knowledge in private by an 

 appointed examiner of the court; their evidence is taken down and 

 produced on the hearing ; a notice or designation of the witnesses is 

 delivered to the adverse party, who is thereby distinctly apprised of 

 the points to which he should address his cross-examination of each 

 witness, as well as the matters which it may be necessary for him to 

 contradict or explain by counter-pleading. 



Before a plea of any kind, whether articles, libel, or allegation, is 

 admitted, it is open to the adverse party to object to its admission, 

 either in the whole or in part : in the whole, when the facts altogether, 

 if taken to be true, will not entitle the party giving the plea to the 

 demand which he makes, or to support the defence which he sets up ; 

 in part, if any of the facts pleaded are irrelevant to the matter in issue, 

 or could not be proved by admissible evidence, or are incapable of 

 proof. These objections are made and argued before the judge, and 

 decided upon by him, but his decision may be appealed from. For 

 the purpose of the argument, all the facts capable of proof are assumed 

 to be true ; they are however so assumed merely for the argument, 

 but are not so admitted in the cause ; for the party who offers the plea 

 is no less bound afterwards to prove the facts, and the party who 

 objects to the plea is no less at liberty afterwards to contradict the 

 facts. If the plea is admitted, the further opposition may be with- 

 drawn : if the plea is rejected, the party who offers it either abandons 

 the suit, or appeals against the rejection, in order to take the judgment 

 of a superior tribunal. When a plea has been admitted, a time, or 

 term probatory, is assigned to the party who gives the plea, to examine 

 his witnesses ; and the adverse party is assigned, except in criminal 

 matters, to give in his answers upon oath, to his knowledge or belief 

 of the facts alleged. The defendant may proceed then, if he thinks 

 proper, or he may wait until the plaintiff has examined his witnesses, 

 to give an allegation controverting his adversary's plea. This respon- 

 sive allegation is proceeded upon in the same manner ; objections to 

 its admissibility may be taken, answers upon oath be required, and 

 witnesses examined. The plaintiff may, in like manner, reply by a 

 further allegation ; and on that, or any subsequent allegation, the same 

 course is pursued. 



In taking evidence, the witnesses are either brought to London to be 

 examined, or they are examined by a commission near their places of 

 residence. Their attendance is required by a Compulsory, somewhat 

 in the nature of a subpoena, obedience to which is enforced in the 

 same way as in other cases of contumacy. The examination is by 

 depositions taken in writing and in private by examiners of the court, 

 employed for that purpose 'by the registrars. The examination does 

 not take place upon written interrogatories previously prepared and 

 known ; but the allegation is delivered to the examiner, who, after 

 making himself master of all the facts pleaded, examines the witnesses 

 by questions which he frames at the time, so as to obtain, upon each 

 article of the allegation separately, the truth and the whole truth, as 

 far as he possibly can, respecting such of the circumstances alleged as 

 are within the knowledge of each witness. The cross-examination is 

 conducted by interrogatories addressed to the adverse witnesses, and 

 when the deposition is complete, the witness is examined upon the 

 interrogatories delivered to the examiner by the adverse proctor, but 

 not disclosed to the witness till after the examination in chief is con- 

 cluded and signed, nor to the party producing him till publication 

 rinnnnr ; and each witness is enjoined not to disclose the interrogatories, 

 nor any part of his evidence, till after publication. In order that the 

 party addressing the interrogatories may be the better prepared, the 

 proctor producing the witness delivers, as before stated, a designation, 

 or notice of the articles of the plea on which it is intended to examine 

 each witness produced. 



The examination and cross-examination of witnesses are kept secret 

 until publication passes ; that is, until copies of the depositions may be* 

 had by the adverse parties, after which either party is allowed to 

 except to the credit of any witness, upon matter contained in his depo- 

 sition. The exception must be confined to such matter, and not made 

 to general character, for that must be pleaded before publication : nor 

 can the exception refer to matter before pleaded, for that should be 

 contradicted also before publication. The exception must also tend to 

 show that the witness has deposed falsely and corruptly. The exceptive 

 allegation* are proceeded upon, when admitted, in the same manner as 

 other pleas. They are not frequently offered, and are always received 

 with great caution and strictness, as they tend more commonly to pro- 



tract the suit and to increase expense than to afford substantial 

 information in the cause. It is, however, in the power of the court to 

 allow further pleading by way of additional articles ; and if new cir- 

 cumstances of importance are unexpectedly brought out by the inter- 

 rogatories, the court will, in the exercise of its discretion, allow a 

 further plea after publication. This may also be permitted in cases 

 where facts have either occurred or come to the knowledge of the 

 party, subsequently to publication having passed. 



The evidence on both sides being published, the cause is set down 

 for hearing. All the papers, the pleas, exhibits (or written papers 

 proved in the cause), interrogatories, and depositions, are delivered 

 to the judge for perusal before the case is argued by counsel. All 

 causes are heard publicly in open court ; and as in other courts, the 

 counsel state their respective cases. The evidence is then read, unless 

 the judge signifies that he has already read it, and even then particular 

 parts are read again if necessary. The judgment of the court is then 

 pronounced upon the law and facts of the case ; and in doing this, the 

 judge publicly, in open court, assigns the reasons for his decisions, 

 stating the principles and authorities on which he decides the matters 

 of law, and reciting or adverting to the various parts of the evidence 

 from which he deduces his conclusions of fact, and thus the matter 

 in controversy between the parties becomes adjudged. 



The execution of the sentence, in case there be no appeal interposed, 

 is either completed by the court itself, according to the nature of the 

 case, and execution is enforced by the process of contumacy, signifi- 

 cavit, and attachment ; but this can only be done by calling in the aid 

 of the Court of Chancery. Ecclesiastical courts, not being courts of 

 record, have no power to commit of their own authority. The ques- 

 tion of costs in these courts is, for the most part, a matter in the 

 discretion of the judge, according to the nature and justice of the case; 

 and the reasons for granting or refusing costs are publicly expressed at 

 the time of giving the judgment. 



Attempts were made more than three centuries ago to remedy the 

 defects of the ecclesiastical courts. The earliest efforts of this kind 

 were directed to the peculiar jurisdictions. Some of these jurisdictions 

 extend over large tracts of country, and embrace many towns and 

 parishes ; others comprehend several places lying at a great distance 

 from each other ; and some only include one or two parishes. The 

 jurisdiction to be exercised in these courts is not defined by any 

 general law, and it is often difficult to ascertain to what description of 

 cases the jurisdiction of any particular court extends. The commis- 

 sioners appointed to revise the ecclesiastical laws, in the reigns of 

 Henry VIII. and Edward VI., recommended that the power of the 

 bishop, in matters of discipline, should extend to all places in the dio- 

 cese, notwithstanding the exemptions and privileges of Peculiars. In 

 the reign of Queen Elizabeth, it was proposed or talked of in convo- 

 cation that parliament should be applied to, to subject peculiar and 

 exempt rights and jurisdictions of what had belonged to monasteries 

 to the diocesan. Nothing, however, appears to have been done until, 

 in 1857, the 20 & 21 Viet. c. 77, and c. 85., were passed, directing the 

 sweeping changes before named. For full information on the constitu- 

 tion and practice of these courts, see the report of the Ecclesiastical 

 Commissioners published in 1832, and Coote's 'Ecclesiastical Practice.' 



ECCLESIA'STICUS, or THE WISDOM OF JESUS THE SON 

 OF SIRAC, an apocryphal book of the Old Testament. It is stated to 

 have been originally written in Syro-Chaldaic, by Jesus, the son of 

 Sirac, a learned Jew, who travelled in pursuit of knowledge 130 

 years B.C. It was translated into Greek for the use of the Jews of 

 Alexandria, by the grandson of the author, or rather compiler, for it is 

 evidently a collection of fragments, written at different times and on 

 various occasions, consisting of meditations and proverbs relating to 

 religion, morals, and the general conduct of human life. But though 

 it is manifest that no methodical plan or arrangement was observed in 

 the composition, the commentators remark that the whole will admit 

 of division into three parts. The first extends to the end of chap. 43, 

 and is occupied in the commendation of wisdom and the statement of 

 moral precepts. The second celebrates the virtues of the patriarchs 

 and prophets of the Jews, and extends to the end of chap. 49. The 

 third part is comprised in the 50th and concluding chapter, and consists 

 of a prayer or hymn, exhorting mankind to the pursuit of wisdom. 

 These meditations display much acuteness of thought, with propriety 

 of diction, and occasionally poetical eloquence. They closely resemble 

 the numerous other oriental proverbs, and especially the collection 

 attributed to Solomon. In the western Christian church this book 

 was highly esteemed ; the council of Carthage made it canonical, as the 

 fifth book of Solomon, and the council of Trent confirmed the decision. 

 It was also introduced by the early Protestant reformers into the 

 liturgy of the church of England. 



Addison, in the 68th number of the Spectator, observes, that were 

 this collection issued under the name of Confucius, or one of the sages 

 of Greece, it would be regarded as one of the most brilliant moral 

 treatises ever published. The opinion which attributes it to Solomon 

 is falsified by several allusions to the captivity, showing that some 

 parts at least were written under the monarchs of Babylon (c. 47, &c.), 

 400 years subsequent to the reign of Solomon. The Greek fathers fre- 

 quently cite the book of Ecclesiasticus as ri 'I?|<roO 2o0(o,the Wisdom of 

 Jesus ; navdpeTos 2.o<piu, the Excellent Wisdom ; and Afyos, the Rational 

 Discourse. The Latin fathers named it Ecclesiasticus. or the Book of 



