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A32989 Constitutions and canons ecclesiastical treated upon by the Bishop of London, president of the convocation for the province of Canterbury, and the rest of the bishops and clergy of the said province, and agreed upon with the King's Majesty's licence in their synod begun at London Anno Domini 1603, and in the year of the reign of our Sovereign Lord James, by the grace of God, King of England, France, and Ireland the first, and of Scotland the thirty seventh : and now published for the due observation of them, by His Majesty's authority, under the great seal of England. Church of England.; Bancroft, Richard, 1544-1610. 1678 (1678) Wing C4101; ESTC R40829 53,888 80

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be thereunto admitted unless he first consent and subscribe to the three Articles before mentioned in the presence of the Bishop of the Diocess wherein he is to Preach Read Lecture Catechise or Administer the Sacraments as aforesaid XXXVIII Revolters after Subscription censured IF any Minister after he hath once subscribed to the said three Articles shall omit to use the Form of Prayer or any of the Orders or Ceremonies prescribed in the Communion-Book let him be suspended and if after a Month he do not reform and submit himself let him be excommunicated and then if he shall not submit himself within the space of another Month let him be deposed from the Ministery XXXIX Cautions for Institution of Ministers into Benefices NO Bishop shall institute any to a Benefice who hath been Ordained by any other Bishop except he first shew unto him his Letters of Orders and bring him a sufficient Testimony of his former good Life and Behaviour if the Bishop shall require it and lastly shall appear upon due Examination to be worthy of his Ministery XL. An Oath against Simony at Institution into Benefices TO avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Arch-Bishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Archbishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election respectively minister to every Person hereafter to be Admitted Instituted Collated Installed or Confirmed in or to any Archbishoprick Bishoprick or other Spiritual or Ecclesiastical Function Dignity Promotion Title Jurisdiction Place or Benefice with Cure or without Cure or in or to any Ecclesiastical Living whatsoever this Oath in Manner and Form following the same to be taken by every one whom it concerneth in his own Person and not by a Proctor IN. N. do swear That I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my Knowledge or with my Consent to any Person or Persons whatsoever for or concerning the Procuring and Obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent So help me God through Jesus Christ. XLI Licences for Plurality of Benefices limited and Residence enjoined NO Licence or Dispensation for the keeping of more Benfices with Cure than one shall 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 Duty that is who shall have taken the Degrce of a Master of Arts at the least in one of the Universities of this Realm and be a publick and sufficient Preacher Licensed Provided always That he be by a good and sufficient Caution bound to make his personal Residence in each his said Benefices for some reasonable time in every year And that the said Benefices be not more than thirty miles distant asunder and lastly that he have under him in the Benefice where he doth not reside a Preacher lawfully allowed that is able sufficiently to teach and instruct the People XLII Residence of Deans in their Churches EVery Dean Master or Warden or chief Governour of any Cathedral or Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore and ten days Conjunction or Divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent Causes to be approved by the Bishop of the Diocess or in any other lawful sort dispensed with And when he is is present He with the rest of the Canons or Prebendaries resident shall take special Care that the Statutes and laudable Customs of their Church not being contrary to the Word of God or Prerogative Royal The Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majesty's Authority and such as shall be lawfully enjoyned by the Bishop of the Diocess in his Visitation according to the Statutes and Customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars choral and other Ministers of their Church be urged to the Study of the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin XLIII Deans and Prebendaries to Preach during their Residence THE Dean Master Warden or chief Governour Prebendaries and Canons in every Cathedral and Collegiate Church shall not only Preach there in their own Persons so often as they are bound by Law Statute Ordinance or Custom but shall likewise Preach in other Churches of the same Diocess where they are Resident and especially in those Places whence they or their Church receive any yearly Rents or Profits And in case they themselves be sick or lawfully absent they shall substitute such licensed Preachers to supply their turns as by the Bishop of the Diocess shall be thought meet to Preach in Cathedral Churches And if any otherwise neglect or omit to supply his Course as is aforesaid the Offender shall be punished by the Bishop or by him or them to whom the Jurisdiction of that Church appertaineth according to the Quality of the Offence XLIV Prebendaries to be resident upon their Benefices NO Prebendaries nor Canons in Cathedral or Collegiate Churches having one or more Benefices with Cure and not being Residentiaries in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with Cure above the space of one Month in the Year unless it be for some urgent Cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the Cathedral or Collegiate Churches do stand bound to be Resident in the same shall so among themselves sort and proportion the times of the Year concerning Residence to be kept in the said Churches as that some of them always shall be personally Resident there and that all those who be or shall be Residentiaries in any Cathedral or Collegiate Church shall after the days of their Residency appointed by their local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other charge where the
Church and Chappel where Baptism is to be ministred the same to be set in the Ancient usual places In which only Font the Minister shall baptize publickly LXXXII A decent Communion Table in every Church VVHereas we have no doubt but that in all Churches within the Realm of England convenient and decent Tables are provided and placed for the celebration of the holy Communion we appoint that the same Tables shall from time to time be kept and repaired in sufficient and seemly manner and covered in time of Divine Service with a Carpet of Silk or other decent stuff thought meet by the Ordinary of the place if any question be made of it and with a fair Linen cloth at the time of the ministration as becometh that Table and so stand saving when the said holy Communion is to be administred At which time the same shall be placed in so good sort within the Church or Chancel as thereby the Minister may be more conveniently heard of the Communicants in his Prayer and Ministration and the Communicants also more conveniently and in more number may Communicate with the said Minister and that the Ten Commandments be set upon the East-end of every Church and Chappel where the people may best see and read the same and other chosen Sentences written upon the walls of the said Churches and Chappels in places convenient and likewise that a convenient Seat be made for the Minister to read Service in All these to be done at the charge of the Parish LXXXIII A Pulpit to be provided in every Church THE Church-wardens or Quest-men at the common charge of the Parishioners in every Church shall provide a comely and decent Pulpit to bo set in a convenient place within the same by the discretion of the Ordinary of the place if any question do arise and to be there seemly kept for the Preaching of Gods word LXXXIV A Chest for Alms in every Church THE Church-wardens shall provide and have within three months after the publishing of these Constitutions a strong Chest with a hole in the upper part thereof to be provided at the charge of the Parish if there be none such already provided having three Keys of which one shall remain in the custody of the Parson Vicar or Curate and the other two in the custody of the Church-wardens for the time being which Chest they shall set and fasten in the most convenient place to the intent the Parishioners may put into it their Alms for their poor Neighbours And the Parson Vicar or Curate shall diligently from time to time and especially when men make their Testaments call upon exhort and move their Neighbours to confer and give as they may well spare to the said Chest declaring unto them That whereas heretofore they have been diligent to bestow much substance otherwise then God commanded upon superstitious uses now they ought at this time to be much more ready to help the poor and needy knowing that to relieve the poor is a sacrifice which pleaseth God And that also whatsoever is given for their comfort is given to Christ himself and is so accepted of him that he will mercifully reward the same The which Alms and Devotion of the people the keepers of the Keys shall yearly quarterly or oftner as need requireth take out of the Chest and distribute the same in the presence of most of the Parish or six of the chief of them to be truly and faithfully delivered to their most poor and needy neighbours LXXXV Churches to be kept in sufficient reparations THe Churchwardens or Questmen shall take care and provide that the Churches be well and sufficiently repair'd and so from time to time kept and maintained that the Windows be well glazed and that the Floors be kept paved plain and even all things there in such an orderly and decent sort without dust or any thing that may be either noysome or unseemly as best becometh the House of God and is prescribed in an Homily to that effect The like care they shall take that the Church-yards be well and sufficiently repaired fenced and maintained with Walls Rails or Pales as have been in each place accustomed at their charges unto whom by Law the same appertaineth but especially they shall see that in every meeting of the Congregation peace be well kept and that all persons Excommunicated and so denounced be kept out of the Church LXXXVI Churches to be surveyed and the decays certified to the High Commissioners EVery Dean Dean and Chapter Archdeacon and others which have Authority to hold Ecclesiastical Visitations by Composition Law or Prescription shall survey the Churches of his or their Jurisdiction once in every three years in his own person or cause the same to be done and shall from time to time within the said three years certifie the High Commissioners for causes Ecclesiastical every year of such defects in any the said Churches as he or they do find to remain unrepaired and the names and sirnames of the parties faulty therein Upon which Certificate we desire that the said High Commissioners will ex officio mero send for such parties and compel them to obey the just and lawful Decrees of such Ecclesiastical Ordinaries making such Certificates LXXXVII A Terrier of Glebe-lands and other Possessions belonging to Churches WE Ordain That the Archbishops and all Bishops within their several Diocesses shall procure as much as in them lieth that a true Note and Terrier of all the Glebes Lands Medows Gardens Orchards Houses Stocks Implements Tenements and portions of Tythes lying out of their Parishes which belong to any Parsonage or Vicarage or rural Prebend be taken by the view of honest men in every Parish by the appointment of the Bishop whereof the Minister to be one and be laid up in the Bishops Registry there to be for a perpetual memory thereof LXXXVIII Churches not to be Prophaned THe Church-wardens or Quest-men and their Assistants shall suffer no Plays Feasts Banquets Suppers Church-ales Drinkings temporal Courts or Lets Lay-jurys Musters or any other prophane usage to be kept in the Church Chappel or Church-yard neither the Bells to be rung superstitiously upon Holy-days or Eves abrogated by the Book of Common Prayer not at any other times without good cause to be allowed by the Minister of the place and by themselves Church-wardens or Quest-men and Side-men or Assistants LXXXIX The choice of Church-wardens and their accompt ALL Church-wardens or Quest-men in every Parish shall be chosen by the joynt consent of the Minister and the Parishioners if it may be But if they cannot agree upon such a choice then the Minister shall chuse one and the Parishioners another and without such a joynt or several choice none shall take upon them to be Church-wardens neither shall they continue any longer then one year in that Office except perhaps they be chosen again in like manner And all Church-wardens at the end of their year or within a month after
every thing in them contained as is aforesaid but do likewise propounid publish and straightway enjoyn and command by our said Authority and by these our Letters Patents the same to be diligently observed executed and equally kept by all our loving Subjects of this our Kingdom both within the Province of Canturbury and York in all points wherein they do or may concern every or any of them according to this our Will and Pleasure hereby signified and expressed and that likewise for the better observation of them every Minister by what Name or Title soever he be called shall in the Parish Church or Chappel where he hath charge read all the said Canons Orders Ordinances and Constitutions once every year upon some Sundays or Holy days in the afternoon before Divine Service dividing the same in such sort as that the one half may be read one day and the other another day the Book of the said Canons to be provided at the charge of the Parish betwixt this and the Feast of the Nativity of our Lord God next ensuing Straightly charging and commanding all Archbishops Bishops and all other that exercise any Ecclesiastical Iurisdiction within this Realm every man in his place to see and procure so much as in them lieth all and every of the same Canons Orders Ordinances and Constitutions to be in all points duly observed not sparing to execute the Penalties in them severally mentioned upon any that shall wittingly or wilfully break or neglect to observe the same as they tender the Honour of God the Peace of the Church the Tranquility of the Kingdom and their Duties and Service to Us their King and Sovereign In VVitness c. THE TABLE Of the Church of England 1 THE Kings Supremacy over the Church of England in Causes Ecclesiastical to be maintained Page 1 2 Impugners of the Kings Supremacy censured 2 3 The Church of England a true and Apostolical Church ib. 4 Impugners of the publick Worship of God established in the Church of England censured ib. 5 Impugners of the Articles of Religion established in the Church of England censured 3 6 Impugners of the Rites and Ceremonies established in the Church of England censured ib. 7 Impugners of the Government of the Church of England by Archbishops Bishops c. censured ib. 8 Impugners of the Form of consecrating and ordering Archbishops Bishops c. in the Church of England censured ib. 9 Authors of Schism in the Church of England censured 4 10 Maintainers of Schismaticks in the Church of England censured ib. 11 Maintainers of Con●nticles censured ib. 12 Maintainers of Constitutions made in Conventicles censured 5 Of Divine Service and Administration of the Sacraments 13 DUe celebration of Sundays and Holy-days 5 14 The prescript Form of Divine Service to be used on Sundays and Holy-days ib. 15 The Letany to be read on Wednesdays and Fridays 6 16 Colledges to use the Prescript Form of Divine Service ib. 17 Students in Colledges to wear Surplices in time of Divine Service ib. 18 A Reverence and Attention to be used within the Church in time of Divine Service 7 19 Loyterers not to be suffered near the Church in time of Divine Service 8 20 Bread and Wine to be provided against every Communion ib. 21 The Communion to be thrice a Year received ib. 22 Warning to be given beforehand for the Communion ib. 23 Students in Colledges to receive the Communion four times a Year 9 24 Copes to be worn in Cathedral Churches by those that Administer the Communion ib. 25 Surplices and Hoods to be worn in Cathedral Churches when there is no Communion 10 26 Notorious Offenders not to be admitted to the Communion ib. 27 Schismaticks not to be admitted to the Communion ib. 28 Strangers not to be admitted to the Communion 11 29 Fathers not to be Godfathers in Baptism nor Children not Communicants ib. 30 The lawful use of the Cross in Baptism explained 12 Ministers their Ordination Function and Charge 31 FOur Solemn Times appointed for the making of Ministers 14 32 None to be made Deacon and Minister both in one Day 15 33 The Titles of such as are to be made Ministers ibid. 34 The Quality of such as are to be made Ministers 16 35 The Examination of such as are to be made Ministers ib. 36 Subscriptions required of such as are to be made Ministers 17 37 Subscription before the Diocesan 18 38 Revolters after Subscription censured ib. 39 Cautions for Institution of Ministers into Benefices ib. 40 An Oath against Simony at Institution into Benefices ib. 41 Licences for Plurality of Benefices limited and Residence enjoined 19 42 Residence of Deans in their Churches 20 43 Deans and Prebendaries to Preach during their Residence ib. 44 Prebendaries to be resident upon their Benefices 21 45 Beneficed Preachers being Resident upon their Livings to Preach every Sunday 21 46 Beneficed men not Preachers to procure monthly Sermons ib. 47 Absence of Beneficed men to be supplied by Curates that are allowed Preachers 22 48 None to be Curates but allowed by the Bishops ib. 49 Ministers not allowed Preachers may not Expound ib. 50 Strangers not admitted to Preach without shewing their Licence 23 51 Strangers not admitted to Preach in Cathedral Churches without sufficient Authority ib. 52 The Names of Strange Preachers to be noted in a Book ib 53 No Publick Opposition between Preachers ib. 54 The Licences of Preachers refusing Conformity to be void 24 55 The Form of a Prayer to be used by all Preachers before their Sermons ib. 56 Preachers and Lecturers to read Divine Service and Administer the Sacraments twice a year at the least 25 57 The Sacraments to be refused at the hands of unpreaching Ministers 26 58 Ministers reading Divine Service and administring the Sacraments to wear Surplices and Graduates therewithal Hoods ib. 59 Ministers to Catechize every Sunday 27 60 Confirmation to be performed once in three years ib. 61 Ministers to prepare Children for Confirmation 28 62 Ministers not to marry any Persons without Banns or Licence ib. 63 Ministers of Exempt Churches not to Marry without Banns or Licence 29 64 Ministers solemnly to bid Holy-day ib. 65 Ministers solemnly to denounce Recusants and Excommunicates ib. 66 Ministers to confer with Recusants 30 67 Ministers to Visit the Sick ib. 68 Ministers not to refuse to Christen or Bury 31 69 Ministers not to defer Christning if the Child be in danger ib. 70 Ministers to keep a Register of Christenings Weddings and Burials ib. 71 Ministers not to preach or administer the Communion in Private Houses 32 72 Ministers not to appoint publick or private Fasts or Prophesies or to Exercise but by Authority 33 73 Ministers not to hold private Conventicles ib. 74 Decency in Apparel enjoyned to Ministers 34 75 Sober Conversation required in Ministers 35 76 Ministers at no time to forsake their Calling ib. School-Masters 77 NOne to teach School without Licence 35 78 Curates destrous to teach to be
CONSTITUTIONS AND Canons Ecclesiastical TREATED UPON By the BISHOP of LONDON President of the CONVOCATION FOR THE Province of CANTERBURY AND The rest of the Bishops and Clergy of the said Province AND Agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Domini 1603. And in the Year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh AND Now Published for the due Observation of them by His Majesty's Authority UNDER THE Great Seal of England LONDON Printed for Samuel Mearne Stationer to the King 's most Excellent Majesty and Robert Pawlet 1678. JAMES 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 Deans of our Cathedral Churches Archdeacons Chapters and Colledges and the other Clergy of every Diocess within the Province of Canterbury being summoned and called by Virtue of our Writ directed to the most Reverend Father in God John late Archbishop of Canterbury and bearing Date the 31. Day of January in the First Year of Our Reign of England France and Ireland and of Scotland the 37. to have appeared before him in our Cathedral Church of St. Paul in London the 20. Day of March then next ensuing or elsewhere as he should have thought it most convenient to treat consent and conclude upon certain difficult and urgent Affairs mentioned in the said Writ Did thereupon at the time appointed and within the Cathedral Church of St. Paul aforesaid assemble themselves and appear in Convocation for that purpose according to Our said Writ before the Right Reverend Father in God Richard Bishop of London duly upon a second Writ of Ours dated the 9. Day of March aforesaid authorized appointed and constituted by reason of the said Archbishop of Canterbury his Death President of the said Convocation to execute those things which by Virtue of Our first Writ did appertain to him the said Archbishop to have executed if he had lived We for divers urgent and weighty Causes and Considerations Us thereunto especially moving of Our especial Grace certain Knowledge and meer Motion did by Virtue of our Prerogative Royal and Supreme Authority in Causes Ecclsieastical give and grant by Our several Letters Patents under Our Great Seal of England the one dated the 12. Day of April last past and the other the 25. Day of June then next following full free and lawful Liberty Licence Power and Authority unto the said Bishop of London President of the said Convocation and to the other Bishops Deans Archdeacons Chapters and Colledges and the rest of the Clergy before mentioned of the said Province That they from time to time during Our first Parliament now Prorogued might confer treat debate consider consult and agree of and upon such Canons Orders Ordinances and Constitutions as they should think necessary fit and convenient for the Honour and Service of Almighty God the good and quiet of the Church and the better Government thereof to be from time to time observed performed fulfilled and kept as well by the Archbishops of Canterbury the Bishops and their Successors and the rest of the whole Clergy of the said Province of Canterbury in their several Callings Offices Functions Ministeries Degrees and Administrations as also by all and every Dean of the Arches and other Iudge of the said Archbishop's Courts Guardians of Spiritualties Chancellors Deans and Chapters Archdeacons Commissaries Officials Registers and all and every other Ecclesiastical Officers and their inferiour Ministers whatsoever of the same Province of Canterbury in their and every of their distinct Courts and in the order and manner of their and every of their Proceedings and by all other Persons within this Realm as far as lawfully being Members of the Church it may concern them as in our said Letters Patents amongst other Clauses more at large doth appear Forasmuch as the Bishop of London President of the said Convocation and others the said Bishops Deans Archdeacons Chapters and Colledges with the rest of the Clergy having met together at the time and place before mentioned and then and there by Virtue of Our said Authority granted unto them treated of concluded and agreed upon certain Canons Orders Ordinances and Constitutions to the end and purpose by Us limited and prescribed unto them and have thereupon offered and presented the same unto Us most humbly desiring Us to give Our Royal Assent unto their said Canons Orders Ordinances and Constitutions according to the Form of a certain Statute or Act of Parliament made in that behalf in the 25. Year of the Reign of King Henry the Eighth and by Our said Prerogative Royal and Supreme Authority in Causes Ecclesiastical to ratifie by Our Letters Patents under Our Great Seal of England and to confirm the same the Title and Tenour of them being word for word as ensueth Constitutions and Canons ECCLESIASTICAL Treated upon by the Bishop of London President of the Convocation for the Province of Canterbury and the rest of the Bishops and Clergy of the said Province and agreed upon with the King's Majesty's Licence in their Synod begun at London Anno Dom. 1603. And in the year of the Reign of our Sovereign Lord JAMES by the Grace of God King of England France and Ireland the First and of Scotland the Thirty seventh Of the Church of ENGLAND I. The King's Supremacy over the Church of England in Causes Ecclesiastical to be maintained AS our Duty to the King 's most Excellent Majesty requireth We first decree and ordain That the Archbishop of Canterbury from time to time all Bishops of this Province all Deans Archdeacons Parsons Vicars and all other Ecclesiastical Persons shall faithfully keep and observe and as much as in them lieth shall cause to be observed and kept of others all and singular Laws and Statutes made for restoring to the Crown of this Kingdom the Ancient Jurisdiction over the State Ecclesiastical and abolishing of all Foreign Power repugnant to the same Furthermore all Ecclesiastical Persons having Cure of Souls and all other Preachers and Readers of Divinity Lectures shall to the uttermost of their Wit Knowledge and Learning purely and sincerely without any colour or dissimulation teach manifest open and declare four times every Year at the least in their Sermons and other Collations and Lectures That all usurped and Foreign Power forasmuch as the same hath no Establishment nor ground by the Law of God is for most just Causes taken away and abolished and that therefore no manner of Obedience or Subjection within His Majesty's Realms and Dominions is due unto any such Foreign Power but that the King's Power within His Realms of England Scotland and Ireland and all other His Dominions and Countries is the Highest Power under God to whom all men as well Inhabitants as born within the same do by
Sunday of every Month requiring all the said Masters Fellows and Scholars and all the rest of the Students Officers and all other the Servants there so to be ordered that every one of them shall communicate four times in the Year at the least kneeling reverently and decently upon their Knees according to the Order of the Communion Book prescribed in that behalf XXIV Copes to be worn in Cathedral Churches by those that Administer the Communion IN all Cathedral and Collegiate Churches the holy Communion shall be administred upon principal Feast-days sometimes by the Bishop if he be present and sometimes by the Dean and at some times by a Canon or Prebendary the principal Minister using a decent Cope and being assisted with the Gospeller and Epistler agreeably according to the Advertisements published Ann. 7 Elizabethae The said Communion to be Administred at such times and with such limitation as is specified in the Book of Common-Prayer Provided that on such limitation by any construction shall be allowed of but that all Deans Wardens Masters or Heads of Cathedral and Collegiate Churches Prebendaries Canons Vicars Petty Canons Singing-men and all others of the Foundation shall receive the Communion four times yearly at the least XXV Surplices and Hoods to be worn in Cathedral Churches when there is no Communion IN the time o` Divine Service and Prayers in all Cathedral and Collegiate Churches when there is no Communion it shall be sufficient to wear Surplices saving that all Deans Masters and Heads of Collegiate Churches Canons and Prebendaries being Graduats shall daily at the times both of Prayer and Preaching wear with their Surplices such Hoods as are agreeable to their Degrees XXVI Notorious Offenders not to be admitted to the Communion NO Minister shall in any wise admit to the receiving of the holy Communion any of his Cure or Flock which be openly known to live in sin notorious without Repentance nor any who have maliciously and openly contended with their Neighbours until they shall be reconciled Nor any Churchwardens or Side-men who having taken their Oaths to present to their Ordinaries all such Publick Offences as they are particularly charged to enquire of in their several Parishes shall notwithstanding their said Oaths and that their faithful discharging of them is the chief means whereby publick Sins and Offences may be reformed and punished wittingly and willingly desperately and irreligiously incur the horrible Crime of Perjury either in neglecting or in refusing to present such of the said Enormities and Publick Offences as they know themselves to be committed in their said Parishes or are notoriously offensive to the Congregation there although they be urged by some of their Neighbours or by their Minister or by their Ordinary himself to discharge their Consciences by presenting of them and not to incur so desperately the said horrible Sin of Perjury XXVII Schismaticks not to be admitted to the Communion NO Minister when he celebrateth the Communion shall wittingly administer the same to any but to such as kneel under pain of Suspension nor under the like pain to any that refuse to be present at Publick Prayers according to the Orders of the Church of England nor to any that are common and notorious Depravers of the Book of Common-Prayer and Administration of the Sacraments and of the Orders Rites and Ceremonies therein prescribed or of any thing that is contained in any of the Articles agreed upon in the Convocation One thousand five hundred sixty and two or of any thing contained in the Book of ordering Priests and Bishops or to any that have spoken against and depraved His Majesty's Sovereign Authority in Causes Ecclesiastical except every such Person shall first acknowledge to the Minister before the Church-wardens his repentance for the same and promise by word if he cannot write that he will do so no more and except if he can write he shall first do the same under his Hand-writing to be delivered to the Minister and by him sent to the Bishop of the Diocess or Ordinary of the Place Provided That every Minister so repelling any as is specified either in this or in the next precedent Constitution shall upon complaint or being required by the Ordinary signifie the cause thereof unto him and therein obey his Order and Direction XXVIII Strangers not to be admitted to the Communion THE Church-wardens or Quest-men and their Assistants shall mark as well as the Minister whether all and every of the Parishioners come so often every Year to the holy Communion as the Laws and our Constitutions do require And whether any Strangers come often and commonly from other Parishes to their Church and shall shew their Minister of them lest perhaps they be admitted to the Lord's Table amongst others which they shall forbid and remit such home to their own Parish Churches and Ministers there to receive the Communion with the rest of their own Neighbours XXIX Fathers not to be Godfathers in Baptism nor Children not Communicants NO Parent shall be urged to be present nor be admitted to answer as Godfather for his own Child nor any Godfather or Godmother shall be suffered to make any other Answer or Speech than by the Book of Common-Prayer is prescribed in that behalf Neither shall any Person be admitted Godfather or Godmother to any Child at Christening or Confirmation before the said Person so undertaking hath received the holy Communion XXX The lawful use of the Cross in Baptism explained VVE are sorry that His Majesty's most Princely care and pains taken in the Conference at Hampton Court amongst many other Points touching this one of the Cross in Baptism hath taken no better effect with many but that still the use of it in Baptism is so greatly stuck at and impugned For the further declaration therefore of the true use of this Ceremony and for the removing of all such scruple as might any ways trouble the Consciences of them who are indeed rightly Religious following the royal Steps of our most worthy King because he therein followeth the Rules of the Scriptures and the Practice of the Primitive Church we do commend to all the true Members of the Church of England these our Directions and Observations ensuing First It is to be Observed That although the Jews and Ethnicks derided both the Apostles and the rest of the Christians for preaching and believing in him who was crucified upon the Cross yet all both Apostles and Christians were so far from being discouraged from their Profession by the Ignominy of the Cross as they rather rejoyced and triumphed in it Yea the holy Ghost by the mouths of the Apostles did honour the Name of the Cross being hateful among the Jews so far that under it he comprehended not only Christ crucified but the force effects and merits of his Death and Passion with all the Comforts Fruits and Promises which we receive or expect thereby Secondly The honour and dignity of the Name of the Cross begat
of Common Prayer that is brought to the Church to him upon Sundays or Holydays to be Christened or to Bury any Corps that is brought to the Church or Church-Yard convcnient Warning being given him thereof before in such manner and Form as is prescribed in the said Book of Common Prayer And if he shall refuse to Christen the one or Bury the other except the Party deceased were denounced Excommunicated Majori Excommunicatione for some grievous and notorious Crime and no man able to testifie of his Repentance he shall be suspended by the Bishop of the Diocess from his Ministery by the space of three months LXIX Ministers not to defer Christening if the Child be in Danger IF any Minister being duly without any manner of Collusion informed of the Weakness and Danger of Death of any Infant unbaptized in his Parish and thereupon desired to go or come to the Place where the said Infant remaineth to Baptize the same shall either wilfully refuse so to do or of Purpose or of gross Negligence shall so defer the time as when he might conveniently have resorted to the Place and have Baptized the said Infant it dieth through such his Default unbaptized the said Minister shall be suspended for three months and before his restitution shall acknowledge his Fault and promise before his Ordinary that he will not wittingly incur the like again Provided that where there is a Curate or a Substitute this Constitution shall not extend to the Parson or Vicar himself but to the Curate or Substitute present LXX Ministers to keep a Register of Christenings Weddings and Burials IN every Parish Church and Chapel within this Realm shall be provided one Parchment Book at the Charge of the Parish wherein shall be written the day and year of every Christening Wedding and Burial which have been in that Parish since the time that the Law was first made in that behalf so far as the ancient Books thereof can be procured but especially since the beginning of the Reign of the late Queen And for the safe keeping of the said Book the Church-wardens at the Charge of the Parish shall provide one sure Coffer with three Locks and Keys whereof the one to remain with the Minister and the other two with the Church-wardens severally so that neither the Minister without the two Church-wardens nor the Church-wardens without the Minister shall at any time take that Book out of the said Coffer And henceforth upon every Sabbath day immediately after Morning or Evening Prayer the Minister and Church-wardens shall take the said Parchment Book out of the said Coffer and the Minister in the presence of the Church-wardens shall Write and Record in the said Book the Names of all Persons Christened together with the Names and Surnames of their Parents and also the Names of all Persons Married and Buried in that Parish in the Week before and the day and year of every such Christening Marriage and Burial And that done they shall lay up that Book in the Coffer as before And the Minister and Church-wardens unto every Page of that Book when it shall be filled with such Inscriptions shall subscribe their Names And the Church-wardens shall once every year within one Month after the five and twentieth day of March transmit unto the Bishop of the Diocess or his Chancellor a true Copy of the Names of all Persons Christened Married or Buried in their Parish in the year before ended the said five and twentieth day of March and the certain days and months in which every such Christening Marriage and Burial was had to be subscribed with the Hands of the said Minister and Church-wardens to the end the same may faithfully be preserved in the Registry of the said Bishop which Certificate shall be received without Fee And if the Minister or Church-wardens shall be negligent in performance of any thing herein contained it shall be lawful for the Bishop or his Chancellor to convent them and proceed against every of them as contemners of this our Constitution LXXI Ministers not to preach or administer the Communion in Private Houses NO Minister shall Prench or Administer the holy Communion in any private House except it be in times of necessity when any being either so impotent as he cannot go to the Church or very dangerously sick are desirous to be Partakers of the holy Sacrament upon pain of Suspension for the first Offence and Excommunication for the second Provided that Houses are here reputed for Private Houses wherein are no Chapels dedicated and allowed by the Ecclesiastical Laws of this Realm And provided also under the pains before expressed that no Chaplains do Preach or Administer the Communion in any other places but in the Chapels of the said Houses and that also they do the same very seldom upon Sundays and Holy-days So that both the Lords and Masters of the said Houses and their Families shall at other times resort to their own Parish Churches and there receive the holy Communion at the least once every year LXXII Ministers not to appoint publick or private Fasts or Prophesies or to Exercise but by Authority NO Minister or Ministers shall without the Licence and Direction of the Bishop of the Diocess first obtained and had under his Hand and Seal appoint or keep any solemn Fasts either publickly or in any private Houses other than such as by Law are or by publick Authority shall be appointed nor shall be wittingly present at any of them under pain of Suspension for the first Fault of Excommunication for the second and of Deposition from the Ministery for the third Neither shall any Minister not Licensed as is aforesaid presume to appoint or hold any Meetings for Sermons commonly termed by some Prophesies or Exercises in Market-Towns or other places under the said Pains Nor without such Licence to attempt upon any Pretence whatsoever either of Possession or Obsession by Fasting and Prayer to cast out any Devil or Devils under pain of the Imputation of Imposture or Cozenage and Deposition from the Ministery LXXIII Ministers not to hold private Conventicles Forasmuch as all conventicles and secret Meetings of Priests and Ministers have been ever justly accounted very hurtful to the State of the Church wherein they live We do now Ordain and Constitute That no Priests or Ministers of the word of God nor any other Persons shall meet together in any private House or elsewhere to consult upon any matter or course to be taken by them or upon their motion or direction by any other which may any way tend to the Impeaching or Depraving of the Doctrine of the Church of England or of the Book of Common Prayer or any part of the Government and Discipline now established in the Church of England under pain of Excommunication ipso facto LXXIV Decency in Apparel enjoyned to Ministers THE true ancient and flourishing Churches of Christ being ever desirous that their Prelacy and Clergy might be had as well
and unlawful and consequently shall be dissolved as void from the beginning and the parties so married shall by course of Law be separated And the aforesaid Table shall be in every Church publickly set up and fixed at the charge of the Parish C. None to Marry under xxi years without their Parents Consent NO Children under the age of one and twenty years compleat shall contract themselves or marry without the consent of their Parents or of their Guardians and Governors if their Parents be deceased CI. By whom Licences to Marry without Banns shall be granted and to what sort of persons NO Faculty or Licence shall be henceforth granted for solemnization of Matrimony betwixt any parties without thrice open publication of the Banns according to the Book of Common Prayer by any person exercising any Ecclesiastical Jurisdiction or claiming any Priviledges in the right of their Churches but the same shall be granted only by such as have Episcopal Authority or the Commissary for Faculties Vicars general of the Archbishops and Bishops sede plena or sede vacante the Guardian of the Spiritualties or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively and unto such persons only as be of good state and quality and that upon good caution and security taken CII Security to be taken at the granting of such Licences and under what Conditions THE Security mentioned shall contain these Conditions First that at the time of the granting every such Licence there is not any impediment of precontract consanguinity affinity or other lawful cause to hinder the said Marriage Secondly that there is not any controversie or suit depending in any Court before any Ecclesiastical Judge touching any contract or Marriage of either of the said parties with any other Thirdly that they have obtained thereunto the express consent of their Parents if they be living or otherwise of their Guardians or Governours Lastly that they shall celebrate the said Matrimony publickly in the Parish Church or Chappel where one of them dwelleth and in no other place and that between the hours of eight and twelve in the forenoon CIII Oaths to be taken for the Conditions FOR the avoiding of all fraud and collusion in the obtaining of such Licences and Dispensations We further constitute and appoint That before any Licence for the celebration of Matrimony without publication of Banns be had or granted it shall appear to the Judge by the Oaths of two sufficient witnesses one of them to be known either to the Judge himself or to some other person of good reputation then present and known likewise to the said Judge that the express consent of the Parents or Parent if one be dead or Guardians or Guardian of the parties is thereunto had and obtained And furthermore that one of the parties personally swear that he believeth there is no let or impediment of precontract or kindred or alliance or of any other lawful cause whatsoever nor any suit commenced in any Ecclesiastical Court to bar or hinder the proceeding of the said Matrimony according to the tenor of the foresaid Licence CIV An Exception for those that are in Widowhood IF both the parties which are to Marry being in Widowhood do seek a Faculty for the forbearing of Banns then the clauses before mentioned requiring the Parents consents may be omitted but the Parishes where they dwell both shall be expressed in the Licence as also the Parish named where the Marriage shall be celebrated And if any Commissary for Faculties Vicars general or other the said Ordinaries shall offend in the Premisses or any part thereof he shall for every time so offending be suspended from the execution of his Office for the space of six months and every such Licence or Dispensation shall be held void to all effects and purposes as if there had never been any such granted and the parties marrying by vertue thereof shall be subject to the punishments which are appointed for clandestine Marriages CV No Sentence for Divorce to be given upon the sole confession of the Parties FOrasmuch as Matrimonial causes have been always reckoned and reputed amongst the weightiest and therefore require the greater caution when they come to be handled and debated in Judgment especially in Causes wherein Matrimony having been in the Church duly solemnized is required upon any suggestion or pretext whatsoever to be dissolved or annulled We do straitly charge and injoyn that in all proceedings to Divorce and Nullities of Matrimony good circumspection and Advice be used and that the truth may as far as is possible be sifted out by the deposition of witnesses and other lawful proofs and evictions and that credit be not given to the sole confession of the parties themselves howsoever taken upon Oath either within or without the Court. CVI. No Sentence for Divorce to be given but in open Court NO Sentence shall be given either for Separation a thoro mensa or for annulling of pretended Matrimony but in open Court and in the Seat of Justice and that with the knowledge and consent either of the Archbishop within his Province or of the Bishop within his Diocess or of the Dean of the Arches the Judge of the Audience of Canterbury or of the Vicars general or other principal Officials or sede vacante of the Guardians of the Spiritualties or other Ordinaries to whom of right it appertaineth in their several Jurisdictions and Courts concerning them only that are then dwelling under their Jurisdictions CVII In all Sentences for Divorce Bond to be taken for not marrying during each others life IN all Sentences pronounced only for Divorce and Separation a thoro mensa there shall be a caution and restraint inserted in the Act of the said Sentence That the parties so separated shall live chastly and continently neither shall they during each others life contract Matrimony with other person And for the better observation of this last clause the said Sentence of Divorce shall not be pronounced until the party or parties requiring the same have given good and sufficient caution and security into the Court that they will not any way break or transgress the said restraint or prohibition CVIII The penalty for Iudges offending in the Premisses AND if any Judge giving Sentence of Divorce or Separation shall not fully keep and observe the premisses he shall be by the Archbishop of the Province or by the Bishop of the Diocess suspended from the exercise of his Office for the space of a whole year and the Sentence of Separation so given contrary to the form aforesaid shall be held void to all intents and purposes of the Law as if it had not at all been given or pronounced Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Arch-Deacons and the Proceedings in them CIX Notorious Crimes and Scandal to be certified into Ecclesiastical Co●rts by Pre●entment IF any offend their brethren either by Adultery Whoredom Incest or Drunkenness or by
Licensed before others 36 79 The Duty of School-Masters ib. Things appertaining to Churches 80 THe great Bible and Book of Common Prayer to be had in every Church 36 81 A Font of Stone for Baptism in every Church 37 82 A decent Communion Table in every Church ib. 83 A Pulpit to be provided in every Church 38 84 A Chest for Alms in every Church ib. 85 Churches to be kept in sufficient reparation ib. 86 Churches to be surveyed and the decays certified to the High Commissioners 39 87 A Terrier of Glebe-lands and other Possessions belongin to Churches ib. 88 Churches not to be Prophaned 40 Church-wardens or Quest-men and Side-men or Assistants 89 THe choice of Churchwardens and their accompt 40 90 The choice of Sidemen and their joynt Office with Church-wardens ib. Parish Clerks 91 PArish Clerks to le chosen by the Minister 41 Ecclesiastical Courts belonging to the Archbishops Jurisdiction 92 NOne to be cited into divers Courts for probate of the same Will 41 93 The rate of Bona notabilia liable to the Prorogative Court 43 94 None to be cited into the Arches or Audience but dwellers within the Archbishops Diocess or Peculiars ib. 95 The Restraint of double Quarrels 44 96 Inhibitions not to be granted without the subscription of an Advocate ib. 97 Inhibitions not to be granted until the Appeal be exhibited to the Iudge 45 98 Inhibitions not to be granted to factious Appellants unless they first subscribe ib. 99 None to marry within the Degrees prohibited 46 100 None to Marry under xxi years without their Parents Consent ib. 101 By whom Licences to Marry without Banns shall be granted and to what sort of persons ib. 102 Security to be taken at the granting of such Licences and under what Conditions 47 103 Oaths to be taken for the Conditions ib. 104 An Exception for those that are in Widdowhood ib. 105 No Sentence for Divorce to be given upon the sole confession of the Parties 48 106 No Sentence for Divorce to be given but in open Court ib. 107 In all Sentences for Divorce Bond to be taken for not marrying during each others life ib. 108 The penalty for Iudges offending in the Premisses 49 Ecclesiastical Courts belonging to the Jurisdiction of Bishops and Arch-Deacons and the Proceedings in them 109 NOtorious Crimes and Scandal to be certified into Ecclesiastical Courts by Presentment 49 110 Schismaticks to be presented ib. 111 Disturbers of Divine Service to be presented 50 112 Not Communicants at Easter to be presented ib. 113 Ministers may persent ib. 114 Ministers shall present Recusants 51 115 Ministers and Churchwardens not to be sued for Presenting ib. 116 Churchwardens not bound to present oftner than twice a Year 52 117 Churchwardens not to be troubled for not presenting oftner then twice a year ib. 118 The old Church-wardens to make their Presentments before the new be sworn 53 119 Convenient time to be assigned for framing Presentments ib. 120 None to be cited into Ecclesiastical Courts by Process of Quorum nomina 54 121 None to be cited into several Courts for one Crime ib. 122 No Sentence of Deprivation or Deposition to be pronounced against a Minister but by the Bishop 55 123 No Act to be sped but in open Court ib. 124 No Court to have more than one Seal ib. 125 Convenient places to be chosen for the keeping of Courts 56 126 Peculiar and inferiour Courts to exhibit the Original Copies of Wills into the Bishops Registry ib. Judges Eccleslastical and their Surrogates 127 THe quality and Oath of Iudges 56 128 The Quality of Surrogates 57 Proctors 129 PProctors not to retain Causes without the lawful Assignment of the parties 58 130 Proctors not to retain Causes without the counsel of an Advocate ib. 131 Proctors not to conclude in any cause without the knowledge of an Advocate 59 132 Proctors pohibited the Oath In Animam Domini sui ib. 133 Proctors not to be clamorous in Court 60 Registers 134 A Buses to be reformed in Registers 60 135 A certain rate of Fees due to all Ecclesiastical Officers 61 136 A Table of the Rates and Fees to be set up in Courts and Registers 62 137 The whole Fees for shewing Letters of Orders and other Licences due but once in every Bishops time ib. Apparitors 138 THe number of Apparitors restrained 63 Authority of Synods 139 A National Synod the Church representative 64 140 Synods conclude as well the absent as the present ib. 141 Depravers of the Synod censured ib. FINIS