advocate in this court, who has not been previously admitted an advocate of the court of arches, by the rescript of the Archbishop of Canterbury.

And this Deponent further saith, That the business of an advocate practising in these courts is of a public nature, not only as it consists in the management of the most important concerns of property, and of the rights of the subjects at large of these kingdoms, but, in a more special manner, as he is entrusted with the management of the most important transactions, of a public nature, arising and existing between the subjects of this kingdom and the subjects of other kingdoms, belligerent and neu

tral.

And this Deponent further saith, That he is informed and believes, that the mode of proceeding necessary to be observed towards obtaining admission, as an advocate of the said courts, is as follows: the candidate delivers his certificate of qualifications, viz. of his degree of doctor of laws aforesaid, signed by the registrar of the university, where taken, into the office of the vicar-general of the province of Canterbury; the petition is then made out in that office, and which petition prays, that the candidate may, in consideration of that qualification, be admitted an advocate; and which being signed by the candidate, is forwarded from that office to the Archbishop of Canterbury. The said Archbishop then returns on that same instrument his fiat, ordering the commission, or rescript, to be made out as prayed for. This instrument, viz. the petition with the fiat, is then returned to the vicar-general, and the rescript which orders the dean of the arches to admit the candidate as an advocate, is then made out, and sealed with the seal of the vicar-general. The rescript thus made out is delivered to the registrar of the province of Canterbury. The ceremony of admission consists in the candidate being introduced in court by two of the advocates, and presented to the dean of the arches as a candidate for admission. The dean of the arches then says, "Let the Archbishop's rescript be read." It is then read. The candidate having taken the oaths, the dean of the arches then admits him as an advocate of the court, declaring such admission to be in pursuance of the rescript of the said Archbishop of Canterbury; enjoining him one year of silence, and directing him to take his seat, in that court, on his right (or left) hand. On the following day the candidate is in like manner introduced into the court of Admiralty by two of the advocates, and being by them presented to the judge of the said court of Admiralty, and having taken the oaths, he is admitted by the judge as an advocate of that court.

And this Deponent further saith, That persons so admitted continue to practise as advocates in those courts, as long as to themselves seem convenient, and that the constant practice of the Archbishop for the time being has been, to grant such fiat, upon

such petition, accompanied with such certificate as aforesaid, and that all the advocates now practising in the said courts are doctors of the civil law.

And this Deponent further saith, That he is aware of none, nor can learn of any advantage or privilege arising from this degree, obtained at so great an expence, and by so long a course of study, other than the above-mentioned privilege of admission to prac tise the profession of an advocate in these courts of civil and canon law.

Aud this Deponent further saith, That this degree is conferred indiscriminately on the clergy and the laity, and that the professor of civil law in the university of Cambridge is at this time in the orders of the church.

And this Deponent further saith, That he took the orders of a deacon, at the close of the year 1789, or the beginning of the year 1790, and that, having never proceeded to the higher orders of a priest, he, in the year 1793, laid aside the clerical character.

And this Deponent further saith, That the only means, as this Deponent hath been informed, and verily believes, by which any person, having taken such degree of doctor of civil law, as aforesaid, can be admitted to exercise the office of, and practise as, an advocate in the court of arches, the court of admiralty, and the other courts aforesaid, is by virtue of a certain instrument or order, called or known by the name of the above-mentioned fiat of the Archbishop of Canterbury, to be granted by him for that purpose, in consequence of such petition as afore

said.

And this Deponent further saith, That having regularly, as aforesaid, taken, and with a view to practise in these courts, the degree of doctor of laws, he did, in the month of March or April, in the last year, send in to the Archbishop of Canterbury, aforesaid, the certificate of his degree and qualification, signed by the registrar of the university of Cambridge, together with his petition, in the accustomed form, for such fiat of the said Archbishop.

And this Deponent further saith, That in such his petition, which was expressed in the usual and formal terms, this Deponent did not add the circumstance of his having formerly taken the orders of a deacon, both as considering such addition to be informal, and also as believing, as this deponent positively saith he did believe, that it was immaterial; and this deponent was informed, and verily believes, the fiat of the said Archbishop was duly returned to this deponent's petition, and that the commission or rescript, in compliance with the same, was duly made out, and regularly executed and sealed; and the same being, together with the fiat, at that time in the office of the deputy registrar of the province of Canterbury, this deponent did, on the 27th day of April, in the same year, (being the day previous to the commencement of Easter term, in those

courts of civil and canon law) wait, in the accustomed form, on the dean of the arches, to acquaint him with his, this deponent's, intention of taking his seat under that commission, as an advocate of the court of arches, on the following day; and that the dean of the arches, in reply, did inform this deponent, that he could not be admitted as an advocate of that court, such admission being forbidden by the canons of the church, it having been understood, that this deponent had formerly taken the orders of a deacon.

And this Deponent further saith, That in consequence of such refusal of the dean of the arches to admit this deponent to take his seat under his commission, duly and legally obtained, and regularly and formally executed, and to act as an advocate thereunder, he, this deponent, did wait on the said Archbishop of Canterbury, and did prefer to him his complaint of such refusal of the dean of the arches, and that the said archbishop, in reply, did declare to this deponent, that the objection urged by the dean of the arches against this deponent's admission, did appear to him an unfounded objection; but that, notwithstanding, the archbishop declined deciding on the matter, and referred this deponent to the judge of the admiralty for his opinion thereon.

And this Deponent further saith, That he did consequently wait on the judge of the admiralty, to whom he stated the wish of the Archbishop of Canterbury aforesaid, that he should do so; and that the judge of the admiralty, in reply, did give the same opinion as had been given by the dean of the arches, viz. that this deponent could not be admitted to practise as an advocate, such admission being forbidden by the canons.

And this Deponent further saith, That he hath been informed, and verily believes, that, by inspecting the register of the society of advocates, it will appear, that divers persons, both before and after the promulgation of the canons in the reign of James the First, were admitted to practise as advocates in the courts aforesaid, such persons having taken holy orders.

And this Deponent further saith, That he did, in consequence, again wait on the said Archbishop of Canterbury, to whom he then stated more at length his reasons for believing the objection urged by the dean of the arches, and by the judge of the admiralty, to be wholly unfounded, and that the said archbishop did acknowledge the extreme hardship of this deponent's situation, as also the calmness and moderation with which he had stated his arguments, and did add, that he would himself see and converse with the judge of the admiralty on the subject.

And this Deponent further saith, That in the course of his conversation with the said Archbishop, this deponent having again urged the hardship of his situation, and the injustice he conceived to be exercised towards him, the said Archbishop was pleased to reply," Sir, I have done all in my power; I have represented your case to Sir W. Wynne and Sir W. Scott as one, in my opinion, admitting of a clear distinction, and also as one never likely to occur again."*

And this Deponent further saith, That having waited about a week, he, this deponent, did again wait on the said Archbishop of Canterbury, who did inform this deponent that he had not had an opportunity of seeing the judge of the admiralty, having been himself much occupied with other important business, and that he had not chosen to write on the subject to the judge of the admiralty, having more to say to him on the matter than could well be stated in a letter; but that the delay had by no means arisen from the matter having been out of his mind, as he had really thought very much upon it. And that it did strike him as very hard, that a gentleman of this deponent's character should be squeezed between two professions, and not be allowed either to prosecute the one, or to return to the other; that it did seem very hard, and that he would certainly see, and converse with Sir William Scott on the subject.

And this Deponent further saith, That a few days after the above-mentioned interview, he, this deponent, received the following letter from the Archbishop of Canterbury, in his own hand-writing.