Catalogue description ECCLESIASTICAL COURTS

Copies in several hands of precedents, orders and rules for practice in ecclesiastical (and naval, ff.55-7, 110) courts compiled principally for use in the diocese or province of York, early 18th century

The documents are as follows:

List of contents to p.229 (pp.ii-iii).

Directions by Thomas Tenison, Archbishop of Canterbury, for Sir John Cooke, Vicar-General of the Province of Canterbury, concerning the granting of marriage licences, 8 December 1704. In Audley's hand (p.v).

'Processus Judiciarius' in 44 chapters. (Latin) (pp.1-44).

'Orders and Rules that the Proctors may not use delays in the Expediting of Causes. Sr Giles Sweet, Deane [of the Arches 1660-72). Gilbert [Sheldon] ArchBpp. [of Canterbury 1663-77]' [17th century]. In Audley's hand (pp.45-8).

'Rules of Practise agreed to Sr Rich[ard] Lloyd, Dean of the Arches', [1684-6]. In Audley's hand (pp.49-53).

'Rules and directions appointed by his Majesty and Councell to be observ'd by the high Court of Admiralty in the Adjudication of Prises. Feb. 22. 1664'. A note on p.57 that 'Rules made at Whitehall May 22. 1672 were ye same the 2d. only left out'. In Audley's hand (pp.55-7).

'Certaine Rules to be observed in the Ecclesiasticall Courts at Yorke for the better regulation of the Practice and more speedy dispatch of Causes there', with observations by John Preston and other proctors in the same courts addressed to John [Sharp], Archbishop of York [1691-1714] (pp.59-70).

'Rules and Orders that the Proctors may not use delays in the Expediting of Causes'. Differs from pp.45-8 (pp.71-3).

'Queries to be proposed to the Officers of the Arch: bishops Ecclesiastical Courts at York'. Partly in the same hand as MS 3404 (pp. 75-9).

Patent of John Levett as commissary of the Archbishop of York, 9 October 1632. Heading by Audley (pp.81-7).

Patent of Sir William Frankland, 1st Bart., and William Bateman, gent., for the office of registrar of the exchequer of the Archbishop of York, 22 October 1670. Heading by Audley (pp.88-9).

Patent of Sir John Kaye, 2nd Bart., and Arthur Thornton, of York, public notary, for the office of principal registrar of the consistory court of York, 5 February 1674/5. Heading by Audley (pp.91-3).

Patent for Henry Watkinson, of York, for the office of commissary to the Dean and Chapter of York, 14 October 1664. Heading by Audley (pp.95-7).

Patent of Toby Worlich for the office of official of the archdeaconry of York, with confirmation by the Archbishop and the Dean and Chapter of York, 21 September 1638. Heading by Audley (pp.99-103).

Appointment by Henry Masterman, of Essendon, Herts., gent., registrar of the prerogative and exchequer court of York, of Richard Browne, of York, public notary, to be deputy registrar, 23 October 1700. Heading by Audley (pp.104-5).

Appointment by Thomas Pennyman, Prebendary of York, of Henry Watkinson as commissary and official of the prebend of Osbaldwick in York cathedral, 7 November 1670. Heading by Audley (p.105).

Appointment by Thomas Braddyll, proprietor of the peculiar of Selby, Yorks., of Henry Watkinson as commissary of the peculiar, 12 June 1679. Heading by Audley (p.106).

Clause for the prevention of clandestine marriages from An Act for laying several duties upon all soap and paper etc. (10 Anne c.18 s.192). Heading by Audley (p.107).

Form of marriage licence. Heading by Audley (pp. 108-9).

Royal warrant for Henry Watkinson to be judge of the vice-admiralty of York, 10 July 1673. Heading by Audley (p.110).

Statement of the Bishop of Ely's case concerning his right as visitor of Peterhouse, Cambridge, in a dispute about a Fellowship, c.1677 (pp.111-21).

Exemplification of a sentence of the Court of Delegates dated 3 December 1590 in a suit concerning the jurisdiction of the Archbishop of York in the see of Durham sede vacante, 13 June 1672. Heading by Audley (pp.123-8).

Proceedings in a suit by the Dean and Chapter of York against the Dean and Chapter of Durham for contempt of an inhibition by the former and for exercising jurisdiction in the see of Durham sede vacante, 1672. Heading by Audley, and on pp.258-9 additional notes in his hand on the same subject (pp.129-209).

Opinion on the liability of the clergy to pay fees for exhibiting instruments at visitation to the registrar of the archdeacon of the West Riding of Yorks, [17th century] (pp.210-25).

Draft of an Act of Parliament for the better regulating of proceedings in ecclesiastical courts, temp. Anne. Concerns the punishment of contumacious persons without resort to excommunication (pp.227-9).

Letter from Sir John Holt, Lord Chief Justice, [to the Archbishop of York John Sharp], 13 June 1704, stating that (under the Toleration Act) Nonconformists may be sued in the ecclesiastical courts for marrying without licence or banns or for clandestine marriage, but with regard to christenings, churching of women, and burials, 'I know not how to deal with them' (p.230).

Opinion concerning the baptism of children of Dissenters [18th century]. Inscribed in Audley's hand 'amongst Dr. Watkinson's papers'. Watkinson died in 1712 (pp.231-2).

Opinion in an appeal in Buxton v Bateman concerning the right to a pew. Heading by Audley (pp.233-4).

Opinion by Sir Edward Lutwyche, judge, concerning presentation to a living by a minor, February 1705. Heading by Audley (p.235).

Legal points to be considered in cases concerning legacies, tithes, marriage, and other causes (pp.236-8).

Argument in the case of the Bishop of St. David's [Thomas Watson] in the House of Lords concerning deprivation, [1699]. Partly in Audley's hand. A note on p.248 describes Sir Thomas Trevor as 'now Ld. Trevor'. Trevor was created a Baron in 1712 (pp.239-51).

Letter from Sir Isaac Newton, Master of the Mint, to the Commissioners of the Treasury, 31 December [1717]. Printed Correspondence of Isaac Newton, ed. H.W. Turnbull and others, 1959-77, no.1264, where it is dated 21 September 1717 (pp.252-7).

Notes on claims by the Archbishop and the Dean and Chapter of York to jurisdiction in the see of Durham sede vacante by Audley (pp.258-9).

Petition for confirmation of the jurisdiction of the prerogative court of York, mentioning customs peculiar to York, after 1646 (pp.263-7).

Notes concerning the estate of Ludovic Lindsay, 16th Earl of Crawford, and Margaret his wife. He is said to have died in November 1652, and she in July of the same year. Also notes on a case of inheritance concerning Midgley [of Yorks.]. Headed, 'From Mr Sandelands to my Bro: Barnard January the seventh 1652' (pp. 269-77).

Case for and against claim for repairs to Thoroton chancel, Notts., 20 October 1725. The case for the defendant is by Audley (pp.280-6).

Legal forms for a fixture in a church, the admission of a vicar nominated by the Archbishop of York, admission of a curate nominated by a rector, admission of a vicar (pp.287-8).

Opinion concerning legal penalties for fornication (p. 289).

Opinion, with minor corrections in Audley's hand, on the right of descendants of Sir Nicholas Crispe, 1st Bart., to a pew in Hammersmith chapel (Middlesex), built by him [17th century] (pp. 290-5).

Opinion in Wilkins v Harris on the obligation of executors to produce inventories and accounts (pp.296-8).

Opinion, corrected by Audley, on whether a person in deacon's orders is incapable of civil office and whether he may be a member of Parliament (pp. 299-306).

Opinions on matrimonial and testamentary matters, including (pp.328-9) a dispute [1713] about the will of Narcissus Marsh, Archbishop of Armagh (d. 1713), and (pp. 330-1) repairs to the chancel of a chapel of ease at Little Sutton, Lincs. [18th century] (pp.308-31).

The volume probably belonged to John Audley (d.1747).

Audley was a Fellow of Peterhouse, Cambridge, was admitted Advocate in the College of Advocates in 1711, and was subsequently Librarian and Treasurer. He was also Vicar-General of the Province of York and Chancellor of the diocese.