Frederick Oakeley, clerk, that all and singular the premises were and are true, public, and notorious, of which legal proof being made to us, the judge aforesaid, and to this Court, we will that you, the said Rev. Frederick Oakeley, be duly and canonically corrected and punished, according to the gravity of your offence, and the exigency of the law, and that you be condemned in the costs made and to be made on the part and behalf of the said Christopher Hodgson, the promoter of our office in this cause, and compelled to the due payment thereof. And that it further be done and decreed in the premises as to right and justice shall appertain, the benefit of the law being always preserved.

The foregoing Articles seem to be of a very general and sweeping character. Mr. Oakeley made no defence, and the cause was consequently heard in his absence before Sir Herbert Jenner Fust; who on the 30th June, 1845, gave judgment revoking Mr. Oakeley's licence, prohibiting him from performing any ministerial office within the province of Canterbury till he should have retracted his errors; and condemning him in the costs of the proceedings.

III.—MATRIMONIAL SUIT FOR A DIVORCE, A MENSA ET THORO, ON THE GROUND OF ADULTERY, BY WIFE AGAINST HUSBAND.

In the name of God, Amen. Before you the Right Honourable Sir Herbert Jenner, Knight, Doctor of Laws, Official Principal of the Arches Court of Canterbury, lawfully constituted, your surrogate, or any other competent judge, in this behalf; the proctor of M. K., of the parish of in the county of —, deanery of and province of Canterbury, against W. K., the lawful husband of the said M. K., of the parish of in the county of and province aforesaid; and against all and every other person or persons lawfully appearing or intervening in judgment for him before you, by way of complaint and hereby complaining unto you in this behalf, doth say, allege, and in law articulately propound as follows, to wit:First. That in the several months of our Lord

diocese of

in the year of

the said W. K. being then a bachelor and a

minor, of the age of years and upwards, but under the age of twenty-one years, and free from all matrimonial contracts and engagements whatever, did make his courtship and addresses in the way of marriage to the said M. K., then M. S., spinster, and the said M. K., being then a minor, of the age of years and upwards, but under the age of twenty-one years, but also free from all matrimonial contracts and engagements whatever, did accept such his courtship and addresses, and did consent and agree to be married to him the said W. K.; that in pursuance thereof, the said W. K. and M. K. were on or about the day of -, in the year of our Lord, lawfully joined together in holy matrimony in the parish church of -, in the county of a clerk or minister in holy orders of the Church of England, or then officiating as such, according to the rites and ceremonies of the Church of England as by law established, by virtue of banns first duly had and published. And he, the said Rev. then and there pro

by the Rev.

nounced them to be lawful husband and wife in the presence and hearing of divers creditable witnesses, and an entry of such marriage was duly made in the register book of marriages kept for the said parish of in the county of aforesaid. And this was and is true, public and notorious; and so much the said W. K., the other party in this cause, doth know, or hath heard, and in his conscience believes and hath confessed to be true. And the party proponent doth allege and propound, of any other time. and times, place and places, and person or persons as shall appear from the proofs to be made in this cause, and every thing in this and the subsequent articles of this libel contained jointly and severally.

Second. That in part supply of proof of the premises mentioned and set forth in the next preceding article, and to all other intents and purposes in the law whatsoever, the party proponent doth hereto annex, and prays to be here read and inserted, and taken as part and parcel hereof, a certain paper writing or exhibit marked with the letter (A), and doth allege and propound the same to be and contain a true copy of the entry of marriage of the said W. K. and M. K., formerly M. S., in the next preceding article mentioned, that the same hath been faithfully extracted from the

registry book of marriages kept in and for the said parish ofand carefully collated with the original entry now remaining therein, and found to agree therewith. That all and singular the contents of the said exhibit were and are true, and all things were so had and done as therein contained; and that M. K. (wife of the said W. K.) late M. S., therein mentioned, and M. K. (formerly M. S.) wife of the said W. K. party in this cause, was and is one and the same person and not divers, and that W. K. also mentioned in the said exhibit, and W. K., the other party in this cause was, and is one and the same person and not divers. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Third. That from and immediately after the solemnization of the said marriage they the said W. K. and M. K. lived and cohabited together at bed and board as husband and wife, and consummated their said marriage by carnal copulation and the procreation of children; and from the time of the said mar

riage, they the said W. K. and M. K. so lived and cohabited together at in the county of afterwards at ——————, in and then at the city of, and at divers so continued to live and cohabit together until day of the month of

the county of other places, and on or about the Lord

in the year of our

-, when the said M. K. quitted W. K., and they the said M. K. and W. K. finally ceased to cohabit together under the circumstances hereinafter particularly pleaded. And the party proponent doth further allege and propound that during the time they so lived and cohabited together, they have constantly owned and acknowledged each other as and for a lawful husband and wife, and were and are so commonly accounted, reputed and taken to be, by and amongst their families, neighbours, friends, acquaintances and others. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Fourth. That shortly after the marriage of the said W. K. and M. K. as heretofore pleaded, he the said W. K. commenced a lewd and adulterous intercourse with a female named A. W., who was resident in the and was in the frequent commission of adultery with the said A. W. from such time until the latter end of the month of

in the year of our Lord

;

that such

of

at

as in

the

adultery was committed by the said W. K. and the said A. W, as well at the house of the said A. W. herself, situate in the open air, and also in divers brothels or houses of ill fame in the said and more particularly in a house of ill fame situate in And this was and is true, public and notorious, and the party proponent doth allege and propound as before. Fifth. That in or about the month of in the year of our Lord, he the said W. K. commenced a lewd and adulterous intercourse with a female named E. H., that from such time until in or about the month of in the year of our Lord said W. K. and E. H. were in the frequent habit of repairing together to the house of where they went to bed together, and had the carnal use and knowledge of each other's bodies, whereby the said W. K. and E. H. committed the foul crime of adultery. And this was and is true, public and notorious, and the party proponent doth allege and propound as before. Sixth. That in or about the month of in the year of our Lord the said W. K. accompanied a female named C. S. to the house of T. J. where they retired to and were seen naked and alone together in one and the same bed, and they the said W. K. and C. S. then and there had the carnal use and knowledge of each other's bodies, whereby he the said W. K. committed the foul crime of adultery. And this was and is true, public and notorious, and the party proponent doth allege and propound as

Seventh. That the person who had the carnal use and knowledge of the bodies of A. W., as pleaded in the 4th article, of E. H., as pleaded in the 5th article, of C. S., as pleaded in the 6th article of this libel, and W. K., the party in this cause, was and is one and the same person and not divers; and that each and every of the several females of whose body also the said W. K. had the carnal use and knowledge, as pleaded in the said several articles of the said libel, was and is the female in each several article named, and was not and is not M. K. the wife of W. K. (the party proceeded against in) and the party promoting this cause. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Eighth. That the said W. K. is or was of the diocese of and province of Canterbury, and therefore and by reason of the

Clerk, Master of Arts,

letters of request from the Rev. Vicar-General and Official Principal of the Consistorial and Episcopal Court of presented to and accepted by you the Official Principal aforesaid, or to and by your Surrogate, and also by reason of the appearance given on his behalf, is subject to the jurisdiction of this Court. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Ninth. That of and concerning all and singular the premises, it was and is rightly and duly complained to you the Official Principal aforesaid, and to this Honourable Court. And this was and is true, public and notorious, and the party proponent doth allege and propound as before.

Tenth. That all and singular the premises were and are true, public and notorious, and thereof there was and is a public voice, fame and report, of which legal proof being made, the party proponent prays right and justice may be effectually done and administered to him and his party in the premises, and that she may be pronounced and decreed to be divorced and separated from bed, board and mutual cohabitation with the said W. K. her husband, by reason of the adultery by him committed, by you, and your definite sentence or final decree to be given in this behalf, and that you will further do and decree in the premises what shall be lawful, the party proponent not obliging himself to prove all and singular the premises, nor to the burthen of a superfluous proof, against which he here protests and prays, that so far as he shall prove in the premises he shall obtain in his petition the benefit of the law being always preserved to him, humbly imploring the aid your office in this behalf.*

of

No. XI.

CURIOUS SPECIMEN OF VIVA VOCE PLEADINGS IN THE ENGLISH COURTS, IN THE REIGN OF EDWARD II.+

The case was this: Aleyne de Newton brought his writ of aunuity against the abbot of Burton upon Trent, and demanded + See ante, p. 712.

4 Chitt. Gen. Pr. p. 195.