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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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now four times appointed in every Year for the Ordination of Deacons and Ministers there may ever be some time of trial of their behaviour in the Office of Deacon before they be admitted to the Order of Priesthood XXXIII The Titles of such as are to be made Ministers IT hath been long since provided 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 use his Function According to which Examples we do ordain that henceforth no Person shall be admitted into Sacred Orders except he shall at that time exhibit to the Bishop of whom he desireth Imposition of hands a Presentation of himself to some Ecclesiastical Preferment then void in that Diocess or shall bring to the said Bishop a true and undoubted Certificate that either he is provided of some Church within the said Diocess where he may attend the cure of Souls or of some Ministers place vacant either in the Cathedral Church of that Diocess or in some other Collegiate Church therein also situate where he may execute his Ministery or that he is a Fellow or in right as a Fellow or to be a Conduct or Chaplain in some Colledge in Cambridge or Oxford or except he be a Master of Arts of five years standing that liveth of his own Charge in either of the Universities or except by the Bishop himself that doth ordain him Minister he be shortly after to be admitted either to some Benefice or Curatship then void And if any Bishop shall admit any Person into the Ministery that hath none of these Titles as is aforesaid then he shall keep and maintain him with all things necessary till he do prefer him to some Ecclesiastical Living And if the said Bishop shall refuse so to do he shall be suspended by the Archbishop being assisted with another Bishop from giving of Orders by the space of a Year XXXIV The Quality of such as are to be made Ministers NO Bishop shall henceforth admit any Person into Sacred Orders which is not of his own Diocess except he be either of one of the Universities of this Realm or except he shall bring Letters Dimissory so termed from the Bishop of whose Diocess he is and desiring to be a Deacon is three and twenty years old and to be a Priest four and twenty years compleat and hath taken some Degree of School in either of the said Universities or at the least except he be able to yield an account of his Faith in Latin according to the Articles of Religion approved in the Synod of the Bishops and Clergy of this Realm One thousand five hundred sixty and two and to confirm the same by sufficient Testimonies out of the holy Scriptures and except moreover he shall then exhibit Letters Testimonial of his good Life and Conversation under the Seal of some College of Cambridge or Oxford where before he remained or of three or four grave Ministers together with the Subscription and Testimony of other credible Persons who have known his life and behaviour by the space of three years next before XXXV The Examination of such as are to be made Ministers THE Bishop before he admit any Person to holy Orders shall diligently examine him in the presence of those Ministers that shall assist him at the Imposition of hands And if the said Bishop have any lawful impediment he shall cause the said Ministers carefully to examine every such Person so to be Ordered Provided that they who shall assist the Bishop in examining and laying on of hands shall be of his Cathedral Church if they may conveniently be had or other sufficient Preachers of the same Diocess to the number of three at the least And if any Bishop or Suffragan shall admit any to Sacred Orders who is not so qualified and examined as before we have Ordained the Archbishop of his Province having notice thereof and 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 years XXXVI Subscription required of such as are to be made Ministers NO Person shall hereafter be received into the Ministery nor either by Institution or Collation admitted to any Ecclesiastical Living nor suffered to Preach to Catechize or to be a Lecturer or Reader of Divinity in either University or in any Cathedral or Collegiate Church City or Market-Town Parish-Church Chapel or in any other place within this Realm except he be Licensed either by the Archbishop or by the Bishop of the Diocess where he is to be placed under their Hands and Seals or by one of the two Universities under their Seal likewise and except he shall first subscribe to these three Articles following in such manner and sort as we have here appointed 1. That the King's Majesty under God is the only Supream Governour of this Realm and of all other His Highness Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal and that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within His Majesty's said Realms Dominions and Countries 2. That the Book 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 used and that he himself will use the Form in the said Book prescribed in Publick Prayer and Administration of the Sacraments and none other 3. That he alloweth the Book of Articles of Religion agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London in the Year of our Lord God One thousand five hundred sixty and two and that he acknowledgeth all and every 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 whosoever will subscribe he shall for the avoiding of all ambiguities subscribe in this Order and Form of Words setting down both his Christian and Sirname viz. IN. N. do willingly and ex animo subscribe to these three Articles above-mentioned and to all things that are contained in them And if any Bishop shall Ordain Admit or License any as is aforesaid Except he first have subscribed in manner and form as here we have appointed he shall be suspended from giving of Orders and Licences to Preach for the space of twelve Months But if either of the Universities shall offend therein we leave them to the danger of the Law and His Majesty's Censure XXXVII Subscription before the Diocesan NOne Licensed as is aforesaid to Preach Read Lecture or Catechise coming to reside in any Diocess shall be permitted there to Preach Read Lecture Catechise or Minister the Sacraments or to execute any other Ecclesiastical Function by what Authority soever he
and the other in refusing to learn as aforesaid Let them be suspended by their Ordinaries if they be not Children and if they so persist by the space of a month then let them be excommunicated LX. Confirmation to be performed once in three years FOrasmuch as it hath been a solemn ancient and laudable Custom in the Church of God continued from the Apostles times that all Bishops should lay their Hands upon Children baptized and instructed in the Catechism of Christian Religion praying over them and blessing them which we commonly call Confirmation and that this holy Action hath been accustomed in the Church in former Ages to be performed in the Bishops Visitation every third Year We will and appoint that every Bishop or his Suffragan in his accustomed Visitation do in his own Person carefully observe the said Custom And if in that year by reason of some Infirmity he be not able personally to Visit then he shall not omit the Execution of that Duty of Confirmation the next year after as he may conveniently LXI Ministers to prepare Children for Confirmation EVery Minister that has Cure and Charge of Souls for the better accomplishing of the Orders prescribed in the Book of Common-Prayer concerning Confirmation shall take especial Care as that none shall be presented to the Bishop for him to lay his Hands upon but such as can render an account of their Faith according to the Catechism in the said Book contained And when the Bishop shall assign any time for the Performance of that part of his Duty every such Minister shall use his best endeavour 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 marry any Persons without Banns or Licence NO Minister upon pain of Suspension per triennium ipso facto shall celebrate Matrimony between any Persons without a Faculty or Licence granted by some of the Persons in these our Constitutions expressed except the Banns of Matrimony have been first published three several Sundays or Holy-days in the time of Divine Service in the Parish-Churches and Chapels where the said Parties dwell according to the Book of Common Prayer Neither shall any Minister upon the like pain under any Pretence whatsoever joyn any persons so Licensed in Marriage at any unseasonable times but only between the hours of Eight and Twelve in the Fore-noon nor in any private Place but either in the said Churches or Chapels where one of them dwelleth and likewise in time of Divine Service nor when Banns are thrice asked and no Licence in that respect necessary before the Parents or Governours of the Parties to be married being under the age of twenty and one years shall either personally or by sufficient Testimony signifie to him their Consents given to the said Marriage LXIII Ministers of Exempt Churches not to Marry without Banns or Licence EVery Minister who shall hereafter celebrate Marriage between any Persons contrary to our said Constitutions or any part of them under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches and Chapels shall be suspended per triennium by the Ordinary of the Place where the offence shall be committed And if any such Minister shall afterwards remove from the Place where he hath committed that Fault before he bo suspended as is aforesaid then shall the Bishop of the Diocess or Ordinary of the Place where he remaineth upon Certificate under the hand and Seal of the other Ordinary from whose Jurisdiction he removed excute that Censure upon him LXIV Ministers solemnly to bid Holy-days EVery Parson Vicar or Curate shall in his several Charge declare to the People every Sunday at the time appointed in the Communion Book whether there be any Holy-days or Fasting-days the Week following And if any do hereafter wittingly offend herein and being once admonished thereof by his Ordinary shall again omit that Duty let him be censured according to Law until he submit himself to the due performance of it LXV Ministers solemnly to denounce Recusants and Excommunicates ALL Ordinaries shall in their several Jurisdictions carefully see and give Order that as well those who for obstinate refusing to frequent Divine Service established by publick Authority within this Realm of England as those also especially of the better sort and condition who for notorious Contumacy or other notable Crimes stand lawfully Excommunicate unless within three months immediately after the said Sentence of Excommunication pronounced against them they reform themselves and obtain the Benefit of Absolution be every six months ensuing as well in the Parish Church as in the Cathedral Church of the Diocess in which they remain by the Minister openly in time of Divine Service upon some Sunday denounced and declared Excommunicate that others may be thereby both admonished to refrain their Company and Society and excited the rather to procure out a Writ De Excommunicato capiendo thereby to bring and reduce them into due order and obedience Likewise the Register of every Ecclesiastical Court shall yearly between Michaelmas and Christmas duly certifie the Archbishop of the Province of all and singular the Premises aforesaid LXVI Ministers to confer with Recusants EVery Minister being a Preacher and having any Popish Recusant or Recusants in his Parish and thought fit by the Bishop of the Diocess shall labour diligently with them from time to time thereby to reclaim them from their Errors And if he be no Preacher or not such a Preacher then he shall procure if he can possibly some that are Preachers so qualified to take pains with them for that purpose If he can procure none then he shall inform the Bishop of the Diocess thereof who shall not only appoint some Neighbour Preacher or Preachers adjoyning to take that Labour upon them but himself also as his important Affairs will permit him shall use his best Endeavour by Instruction Persuasion and all good means he can devise to reclaim both them and all other within his Diocess so affected LXVII Ministers to Visit the Sick VVHEN any Person is dangerously sick in any Parish the Minister or Curate having Knowledge thereof shall resort unto him or her if the Disease be not known or probably suspected to be infectious to instruct and comfort them in their Distress according to the Order of the Communion Book if he be no Preacher or if he be a Preacher then as he shall think most needful and convenient And when any is passing out of this Life a Bell shall be tolled and the Minister shall not then slack to do his last Duty And after the Parties Death if it so fall out there shall be rung no more but one short Peal and one other before the Burial and one other after the Burial LXVIII Ministers not to refuse to Christen or Bury NO Minister shall refuse or delay to Christen any Child according to the Form of the Book
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