[ocr errors]

Ne admittas.

N E admittas (so called from those words in the writ,
IV Probibemus ne admittas) is a writ directed to the

bishop at the suit of one who is patron of any church, and he doubts that the bishop will collate a clerk of his own, or admit a clerk presented by another, to the same benefice: then he that doubts it shall have this writ, to prohibit the bishop that he thall not collate or admit any to that church, pending the suit. Terms of the L. (a)

New style. See Kalendar.

N OCTURN, was a service so called, from the an-

V cient christians rifing in the night to perform the .
fame. Gilf. 263.
Nomination to a benefice. See Benefice..

Non-conformists. See Disenters. · Non-residence. See Relidence.

Notable goods. See Wills.

Rotary publick.

1. A Notary was anciently a scribe, that only took holes Notary, wbos

or minutes, and made short draughıs of writings, and other instruments, both publick and private. But at

[blocks in formation]


this day we call him a notary publick, who confirms and altests the truth of any deeds or writings, in order to render the same authentick. Ayl. Par. 382.

The law books give to a notary several names or appel. Jacions; as, actuarius, registrarius, scriniarius, and such like. All which words are put to signify one and the same person. But in England, the word registrarius is confined to the officer of some court, who has the custody of the records and archives of such court; and is oftentimes diftinguished from the altuary thereof, But a register ought always to be a notary publick; for that seems to be

a necessary qualification of his office. Here appointed. 2. A notary publick is appointed to this office by the

archbishop of Canterbury; who in the instrument of ap-
pointment decrees, that “ full faith be given, as well in
" as out of judgment, to the ioftruments by him to bę
" made." Which appointment is also to be registred and
subscribed by the clerk of bis majesty for faculties in Chan.
cery. Ought. 486. Ayl. Par. 385..

3. A notary on his appointment muft swear, “ that he Here fiorn,

will faithfully exercise the office of notary publick, that he will faithfully make contracts, wherein the consent of parties is required, by adding or diminilbing nothing, without the will of the parties, that may alter the sub. ftance of the fact; that if in making any inftrument the will of one party only-is required, he will in such case 'add or diminish nothing that may alter the substance of the fact, against the will of such party; that he will not make inftraments of any contract, in which he shall know there is a violence or fraud ;, that he will reduce contracts into an instrument or register ; and after he shall have so reduced the fame, that he will not maliciouny delay to make a publick instrument thereupon, against the will of him or them, on whose behalf such contra& is to be so drawn :

Saving to himself his just and accustomed fees.” His office in the "4. A notary publick (or actuary) that writes the acts contestation of of court, ought not only to be chosen by the judge, but luit.

approved also by each of the parties in fuit; for tho' it does of common right belong to the office of the judge, to assume and choose a notary for reducing the acts of court in every cause into writing, yet he may be refused by the litigants : for the use of a notary was intended, not only on account of the judge, to help his memory in the cause, but also that the litigants might not be injured by the judge. Ayl. Par. 382.

4. A noought not only the parties in Frice of the judget

[ocr errors][merged small]

And particularly, the office of a notary in a judicial cause is employed about three things : First, He ought to register and inroll all the judicial adis of the court, accord. ing 10 the decree and order of the judge, sering down in the act the very time and place of writing the fame. Se. condly, He ought to deliver to the parties, at their especial request, copies and exemplifications of all such judicial acts and proceedings, as are there enacted and decreed. And thirdly, He ought to retain and keep in his custody the originals of such acts and proceedings, commonly called the protocols (opwla xwra the notes, or fir draughts.) 5. As a notary is a publick person, fo consequently all Autheoticity of

" bis proceedings. instruments made by him are called publick instruments ; and a judicial register or record made by him, is evidence in every court, according to the civil and canon law. And a bilhop's regifter eftablishes a perpetual proof and evidence, when it is found in the bishop's archives ; and credit is given not only to the original, but even to an authentick copy exemplified. Ayl. Par. 386. · And one notary publick is sufficient for the exemplification of any act; no matter requiring more than one notary to atteft it. Id. :"

And the rule of the canon law is, that one notary is equal to the testimony of two witnesses. Gibf. 996. · 6. By the several stamp acts, the admiffion of a notary Stamps shall be upon a treble 40 8. stamp (6).

And every notarial act fhall be on a 2 s. stamp.

Novel ditteilin.

THE writ of affise of novel diffeifin (nova disseifine)

t lieth, where tenant for life, or tenant in fee fimple, or in-tail, is disleised of his lands or tenements, or put out thereof againit his will. F. N. B. 408. ,

[merged small][merged small][merged small][ocr errors][merged small]

Laufulness of an oath.

apojitian menters that vain trand. Lion
bibit, buro we judget chord Jerus

Oath ex officio.

1. N ONE shall bring into dispute the determinations

V of the church, concerning oaths to be taken in the ecclesiastical or in the temporal courts; on pain of being declared an heretick. Arund. Lind. 297.

As we confess that vain and raih swearing is forbidden christian men by our Lord Jesus Christ, and James his apostle ; so we judge that christian religion doth not prohibit, but that a man may swear when the magistrate requireth, in a cause of faith and chariry, so it be done according to the prophet's teaching, in justice, judgment, and truth. Art. 39.

The giving of every oath must be warranted by act of parliament, or by the common low time out of mind. 2 Inft. 73.

2. The oath ex officio, is an oath whereby any person may be obliged to make any presentment of any crime or offence, or to confess or accuse himself or herfelf, of any criminal matter or thing, whereby he or she may be liable to any censure, penalty or punilhment whatsoever. , .

By a canon of archbishop Boniface : Laymen pall be compelled by excommunication, if need be, to take an oath to speak the truth, when enquiry shall be made by the prelates and judges ecclefiaftical; for the correction of sins and exceffes. Lind. 109.

. Afterwards, E. 47. In the time of the parliament, the lords of the council at Whitehall demanded of Popham and Coke chief justices, upon motion made by the commons in parliament, in what cases the ordinary may examine any person ex officio upon oath. And upon good consideration and view of the books, they answered to the Jords of the council at another day in the council chamber: 1. That the ordinary cannot conftrain any man, ecclesiastical or temporal, to fwear generally to aniwer to such interrogatories as fhall be administered unto him ; but ought to deliver to him the articles upon which he is to be examined, to the intent that he may know whether he ought by the law to answer to them. And so is the course of the chancery į the defendant háth a copy of the bill delivered unto him, or otherwise he need not to an. swer ir. 2.: That no man ecclefiaftical or temporal, Thall be examined upon the secret thoughts of his heart, or of his secret opinion; but something ought to be objected against him, which he hath Spoken or done. 3. That no layman may be examined ex officio, except in

« ForrigeFortsett »