PAGE S. IX. 392 a.-As to brawling in church, see also Taylor v. Morley, 1 Curt. 482, that Lord Stowell's dictum as to brawling in a vestry is not applicable to a visitation. See Williams v. Hall, 1 Curt. 597, for brawling in vestry. The 3d sect. of 5 & 6 Edw. 6, c. 4, as to punishment for drawing weapons in church, &c. is repealed by 9 Geo. 4, s. 31; see also Cory v. Byron, 2 Curt. 396, brawling in church. Churchwardens and Vestry. 388 0.-Where there are several churchwardens acting for separate districts, one may lay complaint for nonpayment of rate, under 53 Geo. 3, c. 127, Reg. v. Fenton, 1 Gale & D. 17; under 59 Geo. 3, c. 12, s. 17, it is not necessary that they should accept a demise of lands to them under a common seal; how far they are a body corporate, see Smith v. Adkins, 8 Mee. & W. 236; for church-rate made by churchwardens of a parish under Church-Building Acts, see Varty v. Nunn, 5 Jur. 1138. Churchwarden not punishable for opposing a church-rate, it not being shown that the church had suffered thereby, Cooper v. Wickham, 2 Curt. 303. Custom may sanction a rate not made in vestry; but that the salary of the minister is among the items is fatal to its validity, though it have been so ever since 1600, Still and Bunn v. Palfrey, 5 Jur. 1162. Power of churchwardens de facto to enforce payment of church-rate, Reg. v. Justices of St. Clement's Ipswich, 4 Per. & D. 481. Right of rector to preside at vestry, Reg. v. D'Oyly, ibid. 52. See Addenda to Parish. Church in the Colonies. 415 mmm.-Semble, that the governor of a British colony has the ecclesiastical power of an ordinary, without that authority being expressly named in his commission, Barham v. Lumley, 3 C. & P. 489, per Tenterden, J. By a bill now passing through parliament, Jamaica and Barbadoes are to be divided into three dioceses. Colleges. 436 a.-See the case In re Philip Taylor, reported 6 Jurist, 319, as to power of Vice-Chancellor's Court at Oxford. THE ECCLESIASTICAL LAW. Abbot. ABBOT is a word of oriental extraction, from the Syriac Abba, father; as that, from the Hebrew Ab, of the same signification; and, if we may ascend still higher, that word itself (as many others which occur in that language) proceedeth from the voice of nature, being one of the most obvious sounds, to express one of the first and most obvious ideas. The general law concerning abbies and other religious houses is inserted under the title Monasteries. Abeyance. ABEYANCE, from the French bayer, to expect, is that which is in expectation, remembrance and intendment of law. By a principle of law, in every land, there is a fee simple in somebody, or else it is in abeyance; that is, though for the present it be in no man, yet it is in expectancy, belonging to him that is next to enjoy the land (a). Thus if a man be patron of a church, and presenteth a clerk to the same, the fee of the lands and tenements pertaining to the rectory is in the parson; but if the parson die, and the church becometh void, then is the fee in abeyance, until there be a new parson presented, admitted and inducted. For the (a) 1 Inst. 342. VOL. I. B frank tenement of the glebe of a parsonage, during the time the parsonage is void, is in no man, but in abeyance or expectation, belonging to him who is next to enjoy it (b). By presentment and institution (c) the new incumbent acquires a freehold in the parsonage, but the fee simple of the parsonage is neither in the parson or patron, but in perpetual abeyance; and the reason why by the common law they might, with the consent of the ordinary, grant a rent-charge out of the glebe, was, that the grant bound the patron and his heirs, and the ordinary and his successors (d). Bishops and abbots were supposed to have a possession in fee, but parsons were considered to have no more than an estate for life (e). But in some respects they had a qualified fee; for before the 13 Eliz. where parson, patron and ordinary made a lease for years, there being a previous grant of the next avoidance, and the presentee of the grantee was inducted, and died, it was held that by entry upon the parsonage he was seised in his demesne so as to avoid the lease, not only for himself but his successor, the next presentee of the patron (f). Though bishops held in fee, their grants, and those of other sole corporations, required confirmation to bind their successors. - See titles Leases and Glebe Lands. Accession Day—see Holidays. [2] Acolyth. ACOLYTH, acolythus, axoxovos, in our old English called a colet, was an inferior church servant, who next under the subdeacon waited on the priests and deacons, and performed the meaner offices of lighting the candles, carrying the bread and wine, and paying other servile attendance (g). [This officer was appointed by the bishop and the archdeacon; the former informed him what his duty was; the latter placed a taper in his hands (h).-ED.] (b) Terms of the Law. (c) [Induction also is necessary (f) Cro. Car. 582; Hob. 7; 7 Co. 7; Earl of Bedford's case. (g) Kennett's Paroch. Antiq. Gloss. v. Acolyth. (h) [Bingham's Antiq. of Christ. Ch. citing the 4th Council of Carthage.-ED.] (2) Administration. THE administration of intestates' effects being connected in many particulars with the law concerning last wills and testaments, the whole is treated of together under the title Wills. Admission-see Benefice. Adultery-see Marriage. Advocate. 1. LINDWOOD says that by the civil law none could be Who may be. advocate, but he who had studied for five years (i). By the civil law, advocates who undertake the defence of causes are directed to be sworn on the holy evangelists in each individual cause, "That to the utmost of their power and ability, omitting no possible exertions, they will endeavour to procure for their client a just and true decision of the suit; that they will not knowingly and contrary to conscience patronise any cause which they shall find to be wicked, desperate, or supported by falsehood; but that if in the course of the proceedings they shall make such a discovery, they shall withdraw themselves entirely from the conduct of it (k)." But this is mitigated by a constitution of Archbishop Peck- [ 3 ] ham to three years; by which it is enjoined that none shall be permitted to exercise the office of advocate, unless he shall have been for three years at least a diligent hearer of the canon and civil law. And he shall give proof of this by his own oath, if the same shall not appear by proper testimony, or by the notoriety of the fact (1). Generally, by the usage and practice of England and other countries at this day, a person may be admitted to this office, who has taken a doctor of laws' degree (m). In the case of The King v. The Archbishop of Canterbury, H. 47 Geo. 3, an application was made to the Court of King's (i) Lind. (edit. Oxon.) 76; Cod. 2, 7, 11, Proem. Dig. (k) Cod. 3, 1, 14. Conf. Strachan's Domat's Civil Law, v. 2, p. 505, and 1 Black. Comm. 21. ["Ante omnia autem universi advocati ita præbeant patrocinia jurgantibus: ut non ultra, quàm litium poscit utilitas, in licen tiam conviciandi et maledicendi te- (m) Ayl. Parerg. 2d edit. 54. |