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A72019 Constitutio[ns] and canons ecclesiasticall treated vpon by the Bishop of London, president of the conuocation for the prouince of Canterbury, and the rest of the bishops and clergie of the said prouince: and agreed vpon with the Kings Maiesties licence in their synode begun at London anno Dom. 1603. And in the yeere of the raigne of our soueraigne Lord Iames by the grace of God King of England, France and Ireland the first, and of Scotland the 37. And now published for the due obseruation of them by his Maiesties authoritie, vnder the great Seale of England.; Constitutions and canons. 1603. English Church of England. 1604 (1604) STC 10070.5; ESTC S124736 53,373 350

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nor any Register of any Ecclesiasticall Courts nor any Minister belonging to any of the said Officers or Courts shal hereafter for any cause incident to their seueral Offices take or receiue any other or greater Fees then such as were certified to the most Reuerend Father in God Iohn late Archbishop of Canterburie in the yeere of our Lord God one thousand fiue hundred ninetie and seuen and were by him ratified and approued vnder paine that euery such Iudge Officer or Minister offending herein shall be suspended from the exercise of their seuerall Offices for the space of sixe moneths for euery such offence Alwayes prouided that if any question shall arise concerning the certaintie of the said Fees or any of them then those Fees shall be held for lawfull which the Archbishop of Canterburie for the time being shall vnder his hand approoue except the Statutes of this Realme before made doe in any particular case expresse some other Fees to be due Prouided furthermore that no Fee or money shall bee receiued either by the Archbishop or any Bishop or Suffragan either directly or indirectly for admitting of any into sacred Orders nor that any other person or persons vnder the said Archbishop Bishop or Suffragan shall for Parchment Writing Waxe Sealing or any other respect thereunto appertaining take aboue ten shillings vnder such paines as are already by Law prescribed CXXXVI A Table of the Rates of Fees to bee set vp in Courts and Registries WE do likewise constitute and appoint that the Registers belonging to euery such Ecclesiasticall Iudge shall place two Tables containing the seuerall Rates and Summes of all the said Fees one in the vsuall place or Consistorie where the Court is kept and the other in his Registrie both of them in such sort as euery man whom it concerneth may without difficultie come to the view and perusall thereof and take a Copie of them the same Tables to be so set vp before the Feast of the Natiuitie next ensuing And if any Register shall faile to place the said Tables according to the tenor hereof he shal be suspended from the execution of his Office vntil he cause the same to be accordingly done and the said Tables being once set vp if hee shall at any time remooue or suffer the same to be remooued hidden or any way hindered from sight contrary to the true meaning of this Constitution he shall for euery such offence be suspended from the exercise of his Office for the space of sixe moneths CXXXVII The whole Fees for shewing letters of Orders and other Licenses due but once in euery Bishops time FOrasmuch as a chiefe and principall cause and vse of Visitation is that the Bishop Archdeacon or other assigned to Visite may get some good knowledge of the State Sufficiencie and Abilitie of the Cleargie and other persons whom they are to Visite Wee thinke it conuenient that euery Parson Vicar Curate Schoolemaster or other person licenced whosoeuer doe at the Bishops first Visitation or at the next Visitation after his Admission shew and exhibite vnto him his Letters of Orders Institution and Induction and all other his Dispensations Licences or Faculties whatsoeuer to bee by the said Bishop either allowed or if there be iust cause disallowed and reiected and being by him approued to be as the Custome is signed by the Register and that the whole Fees accustomed to bee payed in the Visitations in respect of the premisses bee payed onely once in the whole time of euery Bishop and afterwards but halfe of the saide accustomed Fees in euery other Visitation during the said Bishops continuance ¶ Apparitors CXXXVIII The number of Apparitors restrained FOrasmuch as wee are desirous to redresse such abuses and aggrieuances as are saide to grow by Sumners or Apparitors Wee thinke it meete that the multitude of Apparitors be as much as is possible abridged or restrained Wherefore we decree and ordaine that no Bishop or Archdeacon or their Vicars or Officials or other inferior Ordinaries shall depute or haue more Apparitors to serue in their Iurisdictions respectiuely then either they or their predecessors were accustomed to haue thirtie yeeres before the publishing of these our present Constitutions All which Apparitors shall by themselues faithfully execute their Offices neither shall they by any colour or pretence whatsoeuer cause or suffer their Mandats to be executed by any Messengers or Substitutes vnlesse it bee vpon some good cause to be first knowen and approued by the Ordinarie of the place Moreouer they shall not take vpon them the office of Promoters or Informers for the Court neither shall they exact more or greater Fees then are in these our Constitutions formerly prescribed And if either the number of the Apparitors deputed shall exceed the foresaid limitation or any of the saide Apparitors shall offend in any of the premisses the persons deputing them if they be Bishops shall vpon admonition of their superiour discharge the persons exceeding the number so limitted if inferiour Ordinaries they shall be suspended from the execution of their Office vntill they haue dismissed the Apparitors by them so deputed the parties themselues so deputed shall for euer be remooued from the Office of Apparitors and if being so remoued they desist not from the exercise of their said Offices let them be punished by Ecclesiasticall censures as persons contumacious Prouided that if vpon experience the number of the said Apparitors be too great in any Diocesse in the iudgement of the Archbishop of Canterbury for the time being they shall by him be so abridged as hee shall thinke meete and conuenient ¶ Authoritie of Synodes CXXXIX A Nationall Synode the Church representatiue WHosoeuer shall hereafter affirme that the Sacred Synode of this Nation in the Name of CHRIST and by the Kings Authoritie assembled is not the true Church of ENGLAND by representation let him be Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXL Synodes conclude as well the absent as the present WHosoeuer shall affirme that no maner of person either of the Clergie or Laitie not being themselues particularly assembled in the said sacred Synode are to be subiect to the Decrees thereof in causes Ecclesiasticall made and ratified by the Kings Maiesties supreme Authoritie as not hauing giuen their voices vnto them let him bee Excommunicated and not restored vntill hee repent and publikely reuoke that his wicked error CXLI Deprauers of the Synode censured WHosoeuer shall hereafter affirme That the sacred Synode assembled as aforesaid was a company of such persons as did conspire together against godly and Religious professors of the Gospel and that therefore both they and their proceedings in making of Canons and Constitutions in causes Ecclesiasticall by the Kings authoritie as aforesaid ought to be despised and contemned the same being ratified confirmed and enioyned by the said Regall Power Supremacie and Authoritie let them be Excommunicated and not restored vntill they repent and publikely reuoke that wicked error WE of our princely inclination and Royall care for the maintenance of the present Estate and Gouernement of the Church of ENGLAND by the Lawes of this our Realme now setled and established hauing diligently with great contentment and comfort read and considered of all these their sayd Canons Orders Ordinances and Constitutions agreed vpon as is before expressed and finding the same such as Wee are perswaded will bee very profitable not onely to our Clergie but to the whole Church of this our kingdome and to all the true members of it if they be well obserued Haue therefore for Vs our Heires and lawfull Successours of our especiall Grace certaine Knowledge and meere Motion giuen and by these presents doe giue our Royall assent according to the forme of the sayd Statute or Acte of Parliament aforesayd to all and euery of the said Canons Orders Ordinances and Constitutions and to all and euery thing in them contained as they are before written And furthermore Wee doe not onely by our sayd Prerogatiue Royall and supreme Authoritie in causes Ecclesiasticall ratifie confirme and establish by these our Letters Patents the sayd Canons Orders Ordinances and Constitutions and all and euery thing in them contayned as is aforesayd but doe likewise propound publish and straightly enioyne and command by our sayd Authority and by these our Letters Patents the same to bee diligently obserued executed and equally kept by all our louing Subiects of this our kingdome both within the Prouince of CANTERBVRIE and YORKE in all points wherein they doe or may concerne euery or any of them according to this our will and pleasure hereby signified and expressed and 〈◊〉 likewise for the better obseruation of them euery Minister by what name or title soeuer he be called shall in the Parish Church or Chappell where he hath charge reade all the sayd Canons Orders Ordinances and Constitutions once euery yere vpon some Sundayes or Holy dayes in the afternoone before Diuine Seruice diuiding the same in such sort as that the one halfe may bee read one day and the other another day the Booke of the sayd Canons to be prouided at the charge of the Parish betwixt this and the Feast of the Natiuity of our Lord God next ensuing Straightly charging and commaunding all Archbishops Bishops and all other that exercise any Ecclesiasticall Jurisdiction within this Realme euery man in his place to see and procure so much as in them lieth all and euery of the same Canons Orders Ordinances and Constitutions to be in all poynts duely obserued not sparing to execute the ●ena 〈…〉 them seuerally mentioned vpon 〈…〉 that shal wittingly or wilfully breake or neglect to obserue the same as they tender the honour of God the peace of the Church the tranquilitie of the Kingdome and their dueties and seruice to Vs their King and Souereigne In witnesse c. ¶ Imprinted at London by ROBERT BARKER Printer to the Kings most Excellent Maiestie ANNO DOM. 1604.
persons hauing cure of soules and all other Preachers and Readers of Diuinitie lectures shall to the vttermost of their wit knowledge and learning purely and sincerely without any colour or dissimulation teach manifest open and declare foure times euery yeere at the least in their Sermons and other Collations and lectures That all vsurped and forren power forasmuch as the same hath no establishment nor ground by the law of God is for most iust causes taken away and abolished and that therefore no maner of obedience or subiection within his Maiesties Realmes and Dominions is due vnto any such forren power but that the Kings power within his Realmes of England Scotland and Ireland and all other his Dominions and Countreys is the highest power vnder God to whom all men aswell inhabitants as borne within the same do by Gods Lawes owe most loyalty and obedience afore and aboue all other Powers and Potentates in earth II. Impugners of the Kings supremacie censured WHosoeuer shal hereafter affirme that the Kings Maiesty hath not the same authority in causes Ecclesiastical that the godly Kings had amongst the Iewes and Christian Emperors in the Primitiue Church or impeach in any part his Regall supremacie in the said causes restored to the Crowne and by the Lawes of this Realme therein established let him bee excommunicated ipso facto and not restored but only by the Archbishop after his repentance and publike reuocation of those his wicked errours III. The Church of England a true and Apostolicall Church WHosoeuer shall hereafter affirme that the Church of England by Lawe established vnder the Kings Maiestie is not a true and an Apostolical Church teaching maintaining the doctrine of the Apostles let him be excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of this his wicked errour IIII. Impugners of the publike worship of God established in the Church of England censured WHosoeuer shall herafter affirme that the forme of Gods worship in the Church of England established by Law and conteined in the booke of Common Prayer and administration of Sacraments is a corrupt superstitious or vnlawfull worship of God or containeth any thing in it that is repugnant to the Scriptures let him be excommunicated ipso facto and not restored but by the Bishop of the place or Archbishop after his repentance and publike reuocation of such his wicked errors V. Impugners of the Articles of Religion established in the Church of England censured WHosoeuer shall hereafter affirme that any of the nine and thirtie Articles agreed vpon by the Archbishops and Bishops of both Prouinces and the whole Cleargy in the Conuocation holden at LONDON in the yeere of our Lorde God one thousand fiue hundred sixty two for the auoiding of diuersities of opinions and for the establishing of consent touching true Religion are in any part superstitious or erroneous or such as hee may not with a good conscience subscribe vnto let him bee excommunicated ipso facto and not restored but onely by the Archbishop after his repentance and publike reuocation of such his wicked errors VI. Impugners of the Rites and Ceremonies established in the Church of England censured WHosoeuer shal hereafter affirme that the Rites and Ceremonies of the Church of England by Law established are wicked Antichristian or superstitious or such as beeing commanded by lawfull authoritie men who are zealously and godly affected may not with any good conscience approue them vse them or as occasion requireth subscribe vnto them let him bee excommunicated ipso facto and not restored vntill he repent and publikely reuoke such his wicked errours VII Impugners of the gouernment of the Church of England by Archbishops Bishops c. censured WHosoeuer shal hereafter affirme that the gouernement of the Church of England vnder his Maiesty by Archbishops Bishops Deanes Archdeacons and the rest that beare office in the same is Antichristian or repugnant to the word of God let him be excommunicated ipso facto and so continue vntill he repent and publikely reuoke such his wicked errors VIII Impugners of the forme of consecrating and ordering Archbishops Bishops c. in the Church of England censured WHosoeuer shall hereafter affirme or teach that the fourme and maner of making and consecrating Bishops Priests or Deacons conteineth any thing in it that is repugnant to the word of God or that they who are made Bishops Priestes or Deacons in that forme are not lawfully made nor ought to be accounted either by themselues or by others to be truly either Bishops Priests or Deacons vntil they haue some other calling to those diuine Offices let him bee excommunicated ipso facto not to bee restored vntill he repent and publikely reuoke such his wicked errours IX Authours of Schisme in the Church of England censured WHosoeuer shall hereafter separate themselues from the Communion of Saints as it is approoued by the Apostles rules in the Church of England combine themselues together in a new brotherhood accounting the Christians who are conformable to the Doctrine Gouernment Rites and Ceremonies of the Church of England to be prophane and vnmeete for them to ioyne with in Christian profession let them bee excommunicated ipso facto and not restored but by the Archbishop after their repentance and publike reuocation of such their wicked errors X. Maintainers of Schismatickes in the Church of England censured WHosoeuer shall heerafter affirme That such Ministers as refuse to subscribe to the forme and maner of Gods worship in the Church of England prescribed in the Communion Booke and their adherents may truly take vnto them the name of another Church not established by Lawe and dare presume to publish it that this their pretended Church hath of long time groaned vnder the burden of certaine grieuances imposed vpon it and vpon the members thereof before mentioned by the Church of England and the Orders and Constitutions therein by Law established Let them be excommunicated and not restored vntill they repent and publikely reuoke such their wicked errors XI Maintainers of Conuenticles censured WHosoeuer shall hereafter affirme or maintaine That there are within this Realme other meetings assemblies or congregations of the Kings borne Subiects then such as by the lawes of this land are held and allowed which may rightly challenge to themselues the name of true and lawful Churches let him be excommunicated and not restored but by the Archbishop after his repentance and publike reuocation of such his wicked errors XII Maintainers of Constitutions made in Conuenticles censured WHosoeuer shal hereafter affirme that it is lawfull for any sort of Ministers and Lay persons or either of them to ioyne together and make Rules Orders or Constitutions in causes Ecclesiasticall without the Kings authoritie and shall submit themselues to be ruled and gouerned by them let them be excommunicated ipso facto and not be restored vntill they repent and publikely reuoke those their wicked and Anabaptisticall errors
Proxie thereunto warranted and enabled Wee call that Proxie sufficient which is strengthened and confirmed by some authenticall Seale the parties approbation or at least his ratification therewithall concurring All which Proxies shall be forthwith by the sayd Proctors exhibited into the Court and be safely kept and preserued by the Register in the publike Registrie of the saide Court. And if any Register or Proctor shall offend herein he shall bee secluded from the exercise of his Office for the space of two moneths without hope of release or restoring CXXX Proctors not to retaine Causes without the counsell of an Aduocate FOr lessening and abridging the multitude of Suits and contentions as also for preuenting the complaints of Suiters in Courts Ecclesiasticall who many times are ouerthrowen by the ouersight and negligence or by the ignorance and insufficiencie of Proctors and likewise for the furtherance and increase of learning and the aduancement of Ciuil and Canon Law following the laudable customes heretofore obserued in the Courts pertaining to the Archbishop of Canterbury Wee will and ordaine that no Proctor exercising in any of them shall intertaine any Cause whatsoeuer and keepe and retaine the same for two Court dayes without the Counsell and aduise of an Aduocate vnder paine of a yeeres suspension from his practise neither shall the Iudge haue power to release or mitigate the said penaltie without expresse Mandate and Authoritie from the Archbishop aforesaid CXXXI Proctors not to conclude in any Cause without the knowledge of an Aduocate NO Iudge in any of the said Courts of the Archbishop shall admit any Libell or any other matter without the aduice of an Aduocate admitted to practise in the same Court or without his subscription neither shall any Proctor conclude any cause depending without the knowledge of the Aduocate retained and feed in the cause which if any Proctor shall doe or procure to bee done or shall by any colour whatsoeuer defraud the Aduocate of his duetie or Fee or shall be negligent in repairing to the Aduocate and requiring his aduice what course is to bee taken in the cause he shal be suspended from all practise for the space of sixe moneths without hope of being thereunto restored before the said terme be fully complete CXXXII Proctors prohibited the oath In animam Domini sui FOrasmuch as in the probate of Testaments and Suits for administration of the goods of persons dying Intestate the oath vsually taken by Proctors of Courts In animam constituentis is found to be inconuenient Wee doe therefore decree ordaine That euery Executor or Suitor for administration shall personally repaire to the Iudge in that behalfe or his Surrogate and in his owne person and not by Proctor take the oath accustomed in these cases But if by reason of sicknesse or age or any other iust let or impediment he be not able to make his personall appearance before the Iudge it shall bee lawfull for the Iudge there being faith first made by a credible person of the trueth of his said hinderance or impediment to grant a Commission to some graue Ecclesiasticall person abiding neere the partie aforesaid whereby hee shall giue power and authoritie to the said Ecclesiasticall person in his stead to minister the accustomed oath aboue mentioned to the Executor or Suitor for such administration requiring his saide Substitute that by a faithfull and trustie messenger hee certifie the sayd Iudge truely and faithfully what he hath done therein Lastly we ordaine and appoint That no Iudge or Register shall in any wise receiue for the Writing Drawing or Sealing of any such Commission aboue the summe of sixe shillings and eight pence whereof one moitie to bee for the Iudge and the other for the Register of the said Court CXXXIII Proctors not to be clamorous in Court FOrasmuch as it is found by experience that the lowd and confused cries and clamours of Proctors in the Courts of the Archbishop are not onely troublesome and offensiue to the Iudges Aduocates but also giue occasion to the standers by of contempt and calumnie toward the Court it selfe that more respect may be had to the dignity of the Iudge then heretofore and that causes may more easily and commodiously bee handled and dispatched We charge and enioyne That all Proctors in the said Courts do especially intend that the Acts be faithfully entred and set downe by the Register according to the aduice and direction of the Aduocate that the said Proctors refraine loude speech and brabling and behaue themselues quietly and modestly and that when either the Iudges or Aduocates or any of them shal happen to speake they presently be silent vpon paine of silencing for two whole Termes then immediatly following euery such offence of theirs And if any of them shall the second time offend herein after due monition shall not reforme himselfe let him be for euer remoued from his practise ❧ Registers CXXXIIII Abuses to be reformed in Registers IF any Register or his Deputie or Substitute whatsoeuer shall receiue any Certificate without the knowledge and consent of the Iudge of the Court or willingly omit to cause any persons cited to appeare vpon any Court day to be called or vnduely put off and deferre the Examination of witnesses to be examined by a day set assigned by the Iudge or doe not obey and obserue the iudiciall and lawfull monition of the said Iudge or omit to write or cause to be written such Citations and Decrees as are to be put in execution and set foorth before the next Court day or shall not cause all Testaments exhibited into his Office to bee Registred within a conuenient time or shall set downe or enact as decreed by the Iudge any thing false or conceited by himselfe and not so ordered or decreed by the Iudge or in the transmission of Processes to the Iudge Ad quem shall adde or insert any falsehood or vntrueth or omit any thing therein either by cunning or by grosse negligence or in causes of Instance or promoted of Office shall receiue any reward in fauour of either partie or be of counsel directly or indirectly with either of the parties in Suite or in the execution of their Office shall doe ought else maliciously or fraudulently whereby the said Ecclesiasticall Iudge or his proceedings may be slandred or defamed We wil and ordaine that the said Register of his Deputie or Substitute offending in all or any of the premisses shall by the Bishop of the Diocesse be suspended from the exercise of his Office for the space of one two or three moneths or more according to the qualitie of his offence and that the sayde Bishop shal assigne some other publike Notarie to execute and discharge all things pertaining to his Office during the time of his sayd Suspension CXXXV A certaine rate of Fees due to all Ecclesiasticall Officers NO Bishop Suffragan Chancellor Commissarie Archdeacon Officiall nor any other exercising Ecclesiasticall Iurisdiction whatsoeuer
for not presenting oftner then twice a yeere The olde Churchwardens to make their presentments before the new be sworne Conuenient time to bee assigned for framing Presentments None to bee Cited into Ecclesiasticall Courts by Processe of Quorum nomina None to be cited into seueral Courts for one crime No sentence of Depriuation or Deposition to bee pronounced against a Minister but by the Bishop No Acte to be sped but in open Court No Court to haue more then one Seale Conuenient places to bee chosen for the keeping of Courts Peculier and inferior Courts to exhibite the originall copies of Wills into the Bishops Registry ¶ Iudges of Ecclesiasticall Courts THe Qualitie and oath of Iudges The Qualitie of Surrogats ¶ Proctors PRoctors not to retaine Causes without the lawfull assignement of the parties Proctors not to retaine Causes without the counsell of an Aduocate Proctors not to conclude in any Cause without the knowledge of an Aduocate Proctors prohibited the oath In animam Domini sui Proctors not to be clamorous in Court ¶ Registers A Buses to be reformed in Registers A certaine rate of Fees due to all Ecclesiasticall Officers A Table of the rates of Fees to be set vp in Courts and Registries The whole Fees for shewing Letters of Orders and other Licences due but once in euery Bishops time ¶ Apparitors THE number of Apparitors restrained ¶ Authoritie of Synods A Nationall Synode the Church representatiue Synods conclude aswell the absent as the present Deprauers of the Synode censured IAMES by the grace of God King of England Scotland France and Ireland defender of the faith c. To all to whom these presents shall come Greeting Whereas our Bishops Deanes of our Cathedrall Churches Archdeacons Chapters and Colleges the other Cleargie of euery Diocesse within the Prouince of Canterbury being summoned called by vertue of our Writ directed to the most reuerend father in God IOHN late Archbishop of Canterbury and bearing date the 31. day of Ianuary in the first yeere of our Raigne of England France and Ireland and of Scotland the 37. to haue appeared before him in our Cathedrall Church of Saint Paul in London the 20. day of March then next ensuing or elsewhere as he should haue thought it most conuenient to treat consent and conclude vpon certaine difficult and vrgent affaires mentioned in the said Writte Did thereupon at the time appointed and within the Cathedrall Church of Saint Paul aforesaid assemble themselues and appeare in Conuocation for that purpose according to our said Writte before the Right reuerend Father in God Richard Bishop of London duely vpon a second Writte of Ours dated the 9. day of March aforesaid authorized appointed and constituted by reason of the saide Archbishop of Canterbury his death President of the said Conuocation to execute those things which by vertue of our first Writ did appertaine to him the said Archbishop to haue executed if he had liued Wee for diuers vrgent and weighty causes and considerations vs thereunto especially mouing of our especial grace certaine knowledge and meere motion did by vertue of our Prerogatiue royal and supreme Authoritie in causes Ecclesiastical giue and grant by our seuerall Letters Patents vnder our great Seale of England the one dated the 12. day of April last past and the other the 25. day of Iune then next following full free and lawfull libertie licence power and Authoritie vnto the said Bishop of London President of the said Conuocation and to the other Bishops Deanes Archdeacons Chapters and Colleges and the rest of the Cleargie before mentioned of the said Prouince That they from time to time during our first Parliament now prorogued might conferre treate debate consider consult and agree of and vpon such Canons Orders Ordinances and Constitutions as they should thinke necessary fit conuenient for the honour and seruice of Almighty God the good and quiet of the Church and the better gouernement thereof to be from time to time obserued perfourmed fulfilled and kept aswel by the Archbishops of Canterbury the Bishops their Successours and the rest of the whole Clergie of the sayd Prouince of Canterbury in their several Callings Offices Functions Ministeries Degrees and administrations as also by all and euery Deane of the Arches and other Iudge of the sayd Archbishops Courts Gardians of Spiritualties Chancellors Deanes and Chapters Archdeacons Commissaries Officials Registers and all and euery other Ecclesiasticall Officers and their inferiour Ministers whatsoeuer of the same Prouince of Canterburie in their and euery of their distinct Courts and in the order and maner of their and euery of their proceedings and by all other persons mthin this Realme as farre as lawfully being members of the Church it may concerne them as in our sayd Letters Patents amongst other clauses more at large doth appeare Forasmuch as the sayd Bishop of London President of the sayd Conuocation and others the sayd Bishops Deanes Archdeacons Chapters and Colledges with the rest of the Clergie hauing met together at the time and place before mentioned and then and there by vertue of our said authority granted vnto them treated of concluded and agreed vpon certaine Canons Orders Ordinances and Constitutions to the end and purpose by Vs limited and prescribed vnto them and haue thereupon offred and presented the same vnto Vs most humbly desiring Vs to giue our Royal assent vnto their sayd Canons Orders Ordinances and Constitutions according to the forme of a certaine Statute or Acte of Parliament made in that behalfe in the xxv yeere of the Reigne of King Henry the eight and by our sayd Prerogatiue Royall and supreme Authority in causes Ecclesiasticall to ratifie by our Letters Patents vnder our great Seale of England and to confirme the same the title and tenour of them being word for word as ensueth Constitutions and Canons Ecclesiasticall treated vpon by the Bishop of London President of the Conuocation for the Prouince of Canterbury and the rest of the Bishops and Cleargie of the said Prouince and agreed vpon with the Kings Maiesties licence in their Synode begun at London An. Dom. 1603 And in the yeere of the raigne of our Soueraigne Lord Iames by the grace of God King of England France and Ireland the first and of Scotland the 37. ❧ Of the Church of England I. The Kings supremacie ouer the Church of England in causes Ecclesiasticall to be maintained AS our duety to the Kings most Excellent Maiestie requireth wee first decree and ordaine That the Archbishop of Canterbury from time to time all Bishops of this prouince all Deanes Archdeacons Parsons Vicars and all other Ecclesiasticall persons shall faithfully keepe and obserue and as much as in them lieth shall cause to bee obserued and kept of others all and singuler Lawes and statutes made for restoring to the Crowne of this kingdome the ancient Iurisdiction ouer the state Ecclesiastical and abolishing of all forren power-repugnant to the same Furthermore al Ecclesiastical
Archdeacon but of the Deane and two Prebendaries at the least or if they shall happen by any lawful cause to be let or hindered in the presence of foure other graue persons being masters of Arts at the least and allowed for publike Preachers XXXII None to bee made Deacon and Minister both in one day THe Office of a Deacon being a step or degree to the Ministery according to the iudgment of the ancient Fathers and the practise of the Primitiue Church We doe ordaine and appoint that hereafter no Bishop shall make any person of what qualities or gifts soeuer a Deacon and a Minister both together vpon one day but that the order in that behalfe prescribed in the Booke of making and consecrating Bishops Priestes and Deacons be strictly obserued Not that alwayes euery Deacon should be kept from the Ministerie for a whole yeere when the Bishop shall find good cause to the contrary but that there being now foure times appointed in euery yeere for the ordination of Deacons and Ministers there may euer be some time of trial of their behauiour in the office of Deacon before they bee admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath beene long since prouided by many decrees of the ancient Fathers that none should be admitted either Deacon or Priest who had not first some certain place where he might vse his Function According to which examples we doe ordaine that henceforth no person shall be admitted into sacred Orders except he shall at that time exhibite to the Bishop of whome hee desireth Imposition of hands a presentation of himselfe to some Ecclesiasticall preferment then voyd in that Diocesse or shal bring to the said Bishop a true vndoubted Certificate that either he is prouided of some Church within the said Diocesse where he may attend the Cure of soules or of some Ministers place vacant either in the Cathedral Church of that Diocesse or in some other Collegiat Church therein also scituate where he may execute his Ministerie or that he is a Fellow or in right as a Fellow or to bee a Conduct or Chapleine in some Colledge in Cambridge or Oxford or except he be a Master of Arts of fiue yeeres standing that liueth of his owne charge in either of the Vniuersities or except by the Bishop himselfe that doth ordaine him Minister he be shortly after to be admitted either to some Benefice or Curateship then voyd And if any Bishop shall admit any person into the Ministery that hath none of these Titles as is aforesaid then he shal keepe and maintaine him with all things necessary till he doe preferre him to some Ecclesiastical liuing And if the said Bishop shall refuse so to doe hee shall bee suspended by the Archbishop being assisted with another Bishop from giuing of Orders by the space of a yeere XXXIIII The qualitie of such as are to bee made Ministers NO Bishop shall hencefoorth admit any person into sacred Orders which is not of his owne Diocesse except he be either of one of the Vniuersities of this Realme or except hee shall bring letters Dimissory so tearmed from the Bishop of whose Diocesse he is and desiring to be a Deacon is three and twentie yeeres olde and to bee a Priest foure and twenty yeeres complete and hath taken some degree of Schoole in either of the saide Vniuersities or at the least except hee be able to yeeld an accompt of his Faith in Latine according to the Articles of Religion approoued in the Synode of the Bishops and Cleargie of this Realme 1562 and to confirme the same by sufficient testimonies out of the holy Scriptures and except moreouer he shall then exhibite letters Testimoniall of his good life and conuersation vnder the Seale of some College in Cambridge or Oxford where before he remained or of three or foure graue Ministers together with the subscription and testimonie of other credible persons who haue knowen his life and behauiour by the space of three yeeres next before XXXV The examination of such as are to bee made Ministers THe Bishop before hee admit any person to holy Orders shall diligently examine him in the presence of those Ministers that shal assist him at the Imposition of hands And if the said Bishop haue any lawfull impediment he shall cause the said Ministers carefully to examine euery such person so to bee ordered Prouided that they who shall assist the Bishop in examining and laying on of handes shall bee of his Cathedrall Church if they may conueniently bee had or other sufficient Preachers of the same Diocesse to the number of three at the least And if any bishop or Suffragan shal admit any to sacred Orders who is not so qualified examined as before we haue ordeined the Archbishop of this prouince hauing notice thereof being assisted therein by one Bishop shall suspend the said Bishop or Suffragan so offending from making either Deacons or Priests for the space of two yeeres XXXVI Subscription required of such as are to bee made Ministers NO person shall hereafter be receiued into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical liuing nor suffered to Preach to Catechize or to be a Lecturer or Reader of Diuinitie in either Vniuersity or in any Cathedrall or Collegiat Church City or market Towne parish Church Chappel or in any other place within this Realme except hee be licensed either by the Archbishop or by the Bishop of the Diocesse where he is to be placed vnder their handes and seales or by one of the two Vniuersities vnder their seale likewise and except he shall first subscribe to these three Articles following in such maner and sort as wee haue here appointed 1 That the Kings Maiestie vnder God is the onely supreme Gouernour of this Realme and of all other his Highnesse Dominions and Countreys aswell in all Spirituall or Ecclesiasticall things or causes as Temporall and that no forraine Prince person prelate State or potentate hath or ought to haue any Iurisdiction power superioritie preheminence or authoritie Ecclesiasticall or Spirituall within his Maiesties said Realmes Dominions and Countreys 2 That the Booke of Common prayer and of ordering of Bishops priests and deacons containeth in it nothing contrary to the word of God and that it may lawfully so be vsed and that he himselfe will vse the forme in the said Booke prescribed in publike prayer and administration of the Sacraments and none other 3 That he alloweth the booke of Articles of Religion agreed vpon oy the Archbishops and Bishops of both Prouinces and the whole Cleargie in the Conuocation holden at London in the yeere of our Lord God one thousand fiue hundred sixtie and two and that he acknowledgeth all euery the Articles therein contained being in number nine and thirty besides the ratification to be agreeable to the word of God To these three Articles whosoeuer will subscribe he shal for
the auoyding of all ambiguities subscribe in this order fourme of words setting downe both his christen and surname viz. I N. N. doe willingly and ex animo subscribe to these three Articles aboue mentioned and to all things that are contained in them And if any bishop shall ordaine admit or license any as is aforesaid except hee first haue subscribed in maner and fourme as here we haue appointed he shall be suspended from giuing of Orders and Licences to preach for the space of twelue moneths But if either of the Vniuersities shall offend therein wee leaue them to the danger of the Lawe and his Maiesties censure XXXVII Subscription before the Diocesan NOne licensed as is aforesaid to Preach Reade Lecture or Catechize comming to reside in any Diocesse shal be permitted there to Preach Read Lecture Catechize or Minister the Sacraments or to execute any other Ecclesiasticall function by what authoritie soeuer he be thereunto admitted vnlesse he first consent and subscribe to the three Articles before mentioned in the presence of the Bishop of the Diocesse wherin he is to preach Read Lecture Cathechize or administer the Sacraments as aforesaid XXXVIII Reuolters after Subscription censured IF any Minister after he hath once subscribed to the said three Articles shal omit to vse the fourme of Prayer or any of the Orders or Ceremonies prescribed in the Communion Booke let him be suspended and if after a moneth he doe not reforme and submit himselfe let him be excōmunicated and then if he shal not submit himself within the space of another moneth let him be deposed frō the Ministery XXXIX Cautions for Institution of Ministers into Benefices NO bishop shall institute any to a Benefice who hath bene ordained by any other Bishop except hee first shew vnto him his Letters of Orders and bring him a sufficient testimony of his former good life and behauiour if the Bishop shall require it and lastly shall appeare vpon due examination to be worthy of his Ministery XL. An Oath against Symonie at institution into Benefices TO auoid the detestable sinne of Symony because buying selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Liuings is execrable before God therefore the Archbishop and all and euery Bishop or Bishops or any other person or persons hauing authority to Admit Institute Collate Install or to confirme the election of any Archbishop Bishop or other person or persons to any Spirituall or Ecclesiasticall function Dignitie Promotion Title Office Iurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical liuing whatsoeuer shall before euery such Admission Institution Collation Installation or Confirmation of Election respectiuely minister to euery person hereafter to be admitted Instituted collated Installed or confirmed in or to any Archbishopricke Bishopricke or other Spiritual or Ecclesiastical function Dignitie Promotion Title office Iurisdiction Place or Benefice with Cure or without Cure or in or to any Ecclesiasticall liuing whatsoeuer this Oath in maner and forme following the same to be taken by euery one whom it concerneth in his owne person and not by a Proctor I N. N. do sweare That I haue made no Symoniacall payment contract or promise directly or indirectly by my selfe or by any other to my knowledge or with my consent to any person or persons whatsoeuer for or concerning the procuring and obtaining of this Ecclesiasticall Dignity Place Preferment Office or Liuing respectiuely and particularly naming the same whereunto hee is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perfourme or satisfie any such kind of paiment contract or promise made by any other without my knowledge or consent So helpe me God through Iesus Christ XLI Licenses for plurality of Benefices limitted and Residence enioyned NO License or dispensation for the keeping of more Benefices with Cure then one shal be granted to any but such only as shall be thought very well worthy for his learning and very well able and sufficient to discharge his duety that is who shall haue taken the degree of a Master of Arts at the least in one of the Vniuersities of this Realme and bee a publike and sufficient Preacher licensed Prouided alwayes that he bee by a good and sufficient caution bound to make his personall Residence in each his sayd Benefices for some reasonable time in euery yeere and that the sayd Benefices bee not more then thirty miles distant sunder and lastly that he haue vnder him in the Benefice where he doeth not reside a Preacher lawfully allowed that is able sufficiently to teach and instruct the people XLII Residence of Deanes in their Churches EVery Deane Master or Warden or chiefe Gouernour of any Cathedrall or Collegiate Church shall be resident in his said Cathedrall or Collegiate Church fourescore and ten dayes Coniunctim or Diuisim in euery yeere at the least and then shal continue there in preaching the word of God and keeping good hospitalitie except he shall be otherwise let with weighty and vrgent causes to bee approoued by the Bishop of the Diocesse or in any other lawfull sort dispensed with And when he is present he with the rest of the Canons or Prebendaries resident shall take speciall care that the Statutes and laudable Customes of their Church not being contrary to the word of God or Prerogatiue Royall the Statutes of this Realme being in force concerning Ecclesiasticall Order and all other Constitutions now set foorth and confirmed by his Maiesties Authoritie and such as shall bee lawfully enioyned by the Bishop of the Diocesse in his Visitation according to the Statutes and Customes of the same Church or the Ecclesiasticall Lawes of this Realme be diligently obserued and that the Pettie Canons Vicars chorall and other Ministers of their Church be vrged to the study of the holy Scriptures and euery one of them to haue the New Testament not onely in English but also in Latine XLIII Deanes and Prebendaries to Preach during their Residence THe Deane Master Warden or chiefe Gouernour Prebendaries and Canons in euery Cathedral Collegiat Church shal not onely preach there in their owne persons so often as they are bound by Law Statute Ordinance or Custome but shall likewise Preach in other Churches of the same Diocesse where they are resident and especially in those places whence they or their Church receiue any yeerely Rents or profits And in case they themselues bee sicke or lawfully absent they shall substitute such licensed Preachers to supplie their turnes as by the Bishop of the Diocesse shal be thought meete to Preach in Cathedrall Churches And if any otherwise neglect to omit or supply his course as is aforesaid the offendor shall be punished by the Bishop or by him or them to whome the iurisdiction of that Church appertaineth according to the quality of the offence XLIIII Prebendaries to be resident vpon their Benefices NO Prebendaries nor Canons in Cathedrall or Collegiate Churches hauing one or
moe Benefices with Cure and not beeing Residentaries in the same Cathedrall or Collegiat Churches shall vnder colour of the sayd Prebends absent themselues from their Benefices with Cure aboue the space of one moneth in the yeere vnlesse it be for some vrgent cause and certaine time to be allowed by the Bishop of the Diocesse And such of the said Canons and Prebendaries as by the Ordinances of the sayd Cathedrall or Collegiat Churches do stand bound to be resident in the same shall so among themselues sort and proportion the times of the yeere concerning residence to bee kept in the sayde Churches as that some of them alwayes shall be personally resident there and that all those who be or shall be Residentiaries in any Cathedrall or Collegiat Church shall after the dayes of their Residencie appointed by their locall Statutes or Customes expired presently repaire to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their dueties according to the Lawes in that case prouided And the Bishop of the Diocesse shall see the same to be duely performed and put in execution XLV Beneficed Preachers beeing resident vpon their liuings to preach euery Sunday EVery Beneficed man allowed to bee a preacher and residing on his Benefice hauing no lawful impediment shall in his owne Cure or in some other Church or Chappell where he may conueniently neere adioyning where no Preacher is preach one Sermon euery Sunday of the yeere wherein hee shall soberly and sincerely diuide the word of trueth to the glory of God and to the best edification of the people XLVI Beneficed men not Preachers to procure monethly Sermons EVery beneficed man not allowed to be a Preacher shall procure Sermons to bee preached in his Cure once in euery moneth at the least by Preachers lawfully licenced if his liuing in the iudgement of the Ordinary will be able to beare it And vpon euery Sunday when there shall not bee a Sermon preached in his Cure hee or his Curate shall reade some one of the Homilies prescribed or to be prescribed by authoritie to the intents aforesaid XLVII Absence of Beneficed men to bee supplied by Curates that are allowed Preachers EVery Beneficed man licensed by the Lawes of this Realme vpon vrgent occasions of other seruice not to reside vpon his Benefice shall cause his Cure to be supplied by a Curate that is a suffiicient and licensed Preacher if the worth of the Benefice wil beare it But whosoeuer hath two Benefices shall maintaine a Preacher licensed in the Benefice where he doeth not reside except he preach himselfe at both of them vsually XLVIII None to be Curates but allowed by the Bishop NO Curat or Minister shall be permited to serue in any place without Examination and Admission of the Bishop of the Diocesse or Ordinary of the place hauing Episcopal Iurisdiction in writing vnder his hand and seale hauing respect to the greatnesse of the Cure and meetenesse of the party And the said Curates and Ministers if they remooue from one Diocesse to another shal not be by any means admitted to serue without testimonie of the Bishop of the Diocesse or Ordinarie of the place as aforesaid whence they came in writing of their honesty ability and conformitie to the Ecclesiasticall lawes of the Church of England Nor any shall serue more then one Church or Chappel vpon one day except that Chappell be a member of the Parish Church or vnited thereunto and vnlesse the sayde Church or Chappell where such a Minister shall serue in two places bee not able in the iudgement of the Bishop or Ordinary as aforesaid to maintaine a Curate XLIX Ministers not allowed Preachers may not expoūd NO person whatsoeuer not examined and approued by the Bishop of the Diocesse or not licensed as is aforesaid for a sufficient or conuenient Preacher shal take vpon him to expound in his owne Cure or elsewhere any Scripture or matter of doctrine but shall onely study to reade plainly and aptly without glozing or adding the Homilies already set foorth or hereafter to be published by lawfull Authoritie for the confirmation of the true Faith and for the good instruction and edification of the people L. Strangers not admitted to Preach without shewing their Licence NEither the Minister Churchwardens nor any other Officers of the Church shall suffer any man to preach within their Churches or Chappels but such as by shewing their Licence to preach shal appeare vnto them to be sufficiently authorized thereunto as is aforesaid LI. Strangers not admitted to Preach in Cathedrall Churches without sufficient authoritie THe Dea●… Presidents Residentiaries of any Cathedrall or Collegiate Church shal suffer no stranger to preach vnto the people in their Churches except they be allowed by the Archbishop of the Prouince or by the Bishop of the same Diocesse or by either of the Vniuersities And if any in his Sermon shal publish any Doctrine either strange or disagreeing from the word of God or from any of the Articles of Religion agreed vpon in the Conuocation house Anno 1562. or from the booke of Cōmon prayers the Deane or the Residents shall by their Letters subscribed with some of their hands that heard him so soone as may be giue notice of the same to the Bishop of the Diocesse that he may determine the matter and take such order therein as he shall thinke conuenient LII The names of strange Preachers to bee noted in a Booke THat the Bishop may vnderstand if occasion so require what Sermons are made in euery Church of his Diocesse and who presume to preach without Licence the Churchwardens Sidemen shall see that the names of al preachers which come to their Church from any other place bee noted in a booke which they shall haue ready for that purpose wherein euery Preacher shall subscribe his name the day when hee preached and the name of the Bishop of whom he had Licence to preach LIII No publike opposition betweene Preachers IF any Preacher shall in the Pulpit particularly or namely of purpose impugne or confute any doctrine deliuered by any other Preacher in the same Church or in any church neere adioyning before he hath acquainted the Bishop of the Diocesse therewith and receiued order from him what to do in that case because vpon such publike dissenting and contradicting there may grow much offence and disquietnesse vnto the people the Church-wardens or party grieued shall forthwith signifie the same to the said Bishop and not suffer the said Preacher any more to occupy that place which he hath once abused except hee faithfully promise to forbeare all such matter of contention in the Church vntill the Bishop hath taken further order therein who shall with all conuenient speed so proceed therein that publike satisfaction may bee made in the Congregation where the offence was giuen Prouided that if either of the parties offending doe appeale hee shall not be
and in the Lords prayer and shall diligently heare instruct teach them the Catechisme set forth in the Booke of Common prayer And all Fathers Mothers Masters and Mistresses shall cause their children seruants and apprentices which haue not learned the Catechisme to come to the Church at the time appointed obediently to heare and to bee ordered by the Minister vntill they haue learned the same And if any Minister neglect his duetie herein let him bee sharpely reprooued vpon the first complaint and true notice thereof giuen to the Bishop or Ordinarie of the place If after submitting himselfe hee shall wilfully offend therein againe let him be suspended If so the third time there being little hope that he will bee therein reformed then Excommunicated and so remaine vntil he will be reformed And likewise if any of the saide Fathers Mothers Masters or Mistresses Children Seruants or Apprentices shall neglect their dueties as the one sort in not causing them to come and the other in refusing to learne as aforesaid Let them bee suspended by their Ordinaries if they be not children and if they so persist by the space of a moneth then let them bee Excommunicated LX. Confirmation to be performed once in three yeeres FOrasmuch as it hath beene a solemne ancient laudable Custome in the Church of God continued from the Apostles times that all Bishops should lay their hands vpon children Baptized and instructed in the Catechisme of Christian Religion praying ouer them and blessing them which wee commonly call Confirmation and that this holy action hath beene accustomed in the Church in former ages to be performed in the Bishops Visitation euery third yeere We will and appoint that euery Bishop or his Suffragan in his accustomed Visitation do in his owne person carefully obserue the said Custome And if in that yeere by reason of some infirmitie he be not able personally to Visit then he shal not omit the execution of that duetie of Confirmation the next yeere after as he may conueniently LXI Ministers to prepare children for Confirmation EVery Minister that hath Cure and charge of soules for the better accomplishing of the Orders prescribed in the Booke of Common prayer concerning Confirmation shall take such especiall care as that none may be presented to the Bishop for him to lay his hands vpon but such as can render an account of their Faith according to the Catechisme in the said Booke contained And when the Bishop shall assigne any time for the performance of that part of his duty euery such Minister shall vse his best endeuour to prepare and make able and likewise to procure as many as he can to be then brought and by the Bishop to be confirmed LXII Ministers not to marrie any persons without Bannes or Licence NO Minister vpon paine of suspension per triennium ipso facto shall celebrate Matrimonie betweene any persons without a Facultie or Licence granted by some of the persons in these our Constitutions expressed except the Bannes of Matrimonie haue bene first published three seueral Sundaies or Holy dayes in the time of diuine Seruice in the Paris●… churches and Chappels where the saide parties dwel according to the booke of Common prayer Neither shall any Minister vpon the like paine vnder any pretence whatsoeuer ioyne any persons so licenced in Marriage at any vnseasonable times but onely betweene the houres of eight and twelue in the forenoone nor in any priuate place but either in the said Churches or Chappels where one of them dwelleth and likewise in time of Diuine Seruice nor when Bannes are thrice asked and no Licence in that respect necessary before the Parents or Gouernours of the parties to be married being vnder the age of twentie and one yeeres shall either personally or by sufficient testimonie signifie to him their consents giuen to the said Marriage LXIII Ministers of exempt Churches not to Marry without Bannes or Licence EVery Minister who shal hereafter celebrate Marriage betwixt any persons contrary to our said Constitutions or any part of them vnder colour of any peculiar Libertie or Priuiledge claimed to appertaine to certaine Churches and Chappels shall be suspended per triennium by the Ordinarie of the place where the offence shal be committed And if any such Minister shall afterwards remooue from the place where he hath committed that fault before he be suspended as is aforesaid then shall the Bishop of the Diocesse or Ordinarie of the place where he remaineth vpon Certificat vnder the Hand and Seale of the other Ordinarie from whose Iurisdiction hee remooued execute that censure vpon him LXIIII. Ministers solemnly to bid Holy dayes EVery Parson Vicar or Curate shall in his seuerall charge declare to the people euery Sunday at the time appointed in the Communion Booke whether there bee any Holy dayes or Fasting dayes the weeke following And if any doe hereafter wittingly offend herein and beeing once admonished thereof by his Ordinary shall againe omit that duetie let him be censured according to Law vntill hee submit himselfe to the due performance of it LXV Ministers solemnly to denounce Recusants and Excommunicats ALl Ordinaries shall in their seuerall Iurisdictions carefully see giue order that aswell those who for obstinate refusing to frequent diuine Seruice established by publike authority within this Realme of England as those also especially of the better sort and condition who for notorious contumacie or other notable crimes stand lawfully excommunicate vnlesse within three moneths immediatly after the said sentence of Excommunication pronounced against them they reforme themselues and obtaine the benefit of Absolution bee euery sixe moneths ensuing aswell in the Parish Church as in the Cathedrall Church of the Diocesse in which they remaine by the Minister openly in time of Diuine Seruice vpon some Sunday denounced and declared Excommunicate that others may be thereby both admonished to refraine their company and society and excited the rather to procure out a Writ De excommunicate capiendo thereby to bring and reduce them into due order and obedience Likewise the Register of euery Ecclesiastical Court shal yeerely betweene Michaelmas and Christmas duely certifie the Archbishop of the Prouince of all and singuler the premisses aforesaid LXVI Miuisters to conferre with Recusants EVery Minister being a Preacher and hauing any Popish Recusant or Recusants in his Parish and thought fit by the Bishop of the Diocesse shall labour diligently wi●h them from time to time thereby to recl●ime them from their errours And if he be 〈◊〉 Preacher or not such a Preacher then hee shall procure if he can possibly some that are Preachers so qualified to take paines with them for that purpose If he can procure none then he shall informe the Bishop of the Diocesse thereof who shal not only appoint some neighbour Preacher or Preachers adioyning 〈…〉 labour vpon them but himselfe also 〈…〉 important affaires wil permit him shal 〈…〉 is best endeuour by instruction perswasion and all good meanes he